ENOUGH IS ENOUGH --DOWN WITH COPS!

by Len Hart, The Existentialist Cowboy

My comments are inspired by a story that Jay Diamond had posted on Facebook:

Federal investigators have opened an inquiry into the tragic case of a high school student in Bastrop County, Tex., who suffered severe brain damage and nearly died last fall after a deputy sheriff shocked him with a Taser, a high voltage electronic weapon.
In North Carolina, civil rights lawyers have filed a complaint with the Justice Department, charging the Wake County school system with violating the constitutional rights of minority children by subjecting them to discriminatory arrest practices and brutality by police officers assigned to schools. In one nightmarish case described in the complaint, a disabled 15-year-old was shocked with a Taser three times during an interrogation at school, resulting in punctured lungs. And in New York, civil rights lawyers have sued the city of Syracuse on behalf of two students. One was shocked three times, not for threatening behavior but for lying on the floor and crying, they say, and another was shocked while trying to break up a fight.

--Torturing Children at School

Psychopathic cops should be locked up and tried; in those cases resulting in death i.e, "murder", they should be tried and, when found guilty, executed!

ENOUGH IS ENOUGH!
 
I covered the trial of two Houston cops who were charged with having beaten hell out of an Hispanic war hero who got a little rowdy in club. Twenty-three year old Joe Campos Torres [at right], a 23-year-old Vietnam Veteran, was was beaten by several Houston police officers and then taken to jail. The jailer refused to admit him and ordered the cops to hospitalize him. Instead, the cops (whose trial I covered) took him --in the dead of night --to a bridge over Buffalo Bayou where they beat him to a pulp. Just barely alive, he was leveraged over the bridge and dropped into the inky dark waters of buffalo bayou some 15 ft below.He drowned.

I covered the trial after both cops were charged for murder. Both were acquitted! Outrageous! His death sparked protests and the outcome of the trial was met with rioting.

It is apparent to me that "police brutality" has only gotten worse, has spread like a virus, and routinely goes un-investigated, un-punished! It is apparent to me that COPS have gotten even worse, increasingly psychopathic, poorly trained and recruited from among the DREGS OF SOCIETY.

In a civilized society, a police force is expected to uphold the "rule of law"; they are not required or expected to take the law into their own hands. At the very least, rogue and criminal cops must be arrested, arraigned and made to stand trial for felonies to include assault and battery and murder!
My two cents worth: a nation, an empire is finished when it cannot rule itself, when it cannot distinguish between the rule of law and the ABUSE of law!

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Why We Are Not Free

by Len Hart, The Existentialist Cowboy

While it may be true that all societies indulge a process called 'criminalization', it seems that in the U.S. the process has been to an even greater extent institutionalized. Both crime rates and the profits of the so-called "Prison Industrial Complex" (P.I.C.) depend upon the criminalization of various behaviors, most notably, the cultivation and/or use of marijuana, a so-called 'drug' which many believe and support is not only hamless and non-addictive, its many uses could be of tremendous benefit to society.

'Criminalization' is often 'race-based', perhaps intended to justify endemic prejudice or bigotry. There is no reasonable doubt that persons of color are more often targeted by law enforcement. A study conducted in 1996 focused on Interstate 95 in Maryland; it found that almost 75 percent of motorists stopped for alleged traffic violations were 'black' though 'black' motorists constituted less than 18 percent of all motorists on Interstate 95.

Minorities are, likewise, more often to be surveilled! Such surveillance includes 'electronic monitoring' --video, audio, mail, etc. These tactics are often employed as devices of intimidation. That is most often the case with 'political dissidents'.

The answer to the question --'who gets watched' --defines the sweep and depth of surveillance as a means by which the 'state' may monitor and restrain citizens of any color or political persuasion. As a result, the mere present of police becomes an omnipresent means by which 'social control' is maintained. The presence of 'police' is a constant reminder that 'big brother' is watching. The message is clear: the police may routinely resort to violence to maintain a status quo beneficial to but a mere segment of the total population.

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Orwell's '1984' Revisited

by Len Hart, The Existentialist Cowboy

Margaret Atwood called George W. Bush, the greatest threat to world peace to date! What Atwood did not mention was that Bushco derived its power from the deliberate and well-planned attack on truth by way of language. George Orwell predicted it; his works remain the textbook example of how governments may manipulate people by first manipulating the language.

If all else fails, a totalitarian regime may make the telling of truth a crime. Traditionally, the names given those truths are treason or sedition. A young United States experimented with the Alien and Sedition Acts giving near dictatorial powers to President John Adams, specifically, the power to imprison or deport aliens upon the mere suspicion that activities posed a threat to the new national government.

To his credit, Adams made no use of them but neither did he rebuke the Congress for passing them. George W. Bush proved a greater threat. Bush arrogated unto himself the power to 'define' the very word "terrorist"! Bush could create a 'terrorist' at will by merely re-defining a target. Indeed --Bush assumed and asserted the power and authority to make you a 'terrorist' by merely 'deeming' you to be one!

Orwell's classic cautionary tale, 1984, describes a fascist, totalitarian government spying on its own citizens, denying reality and creating an alternate state that exploits a fictional enemy in order to wage a perpetual war. Orwell's Big Brother tried to re-write history and succeeded.
In "It Can't Happen Here" Sinclair Lewis describes the dictatorship of Berzelius "Buzz" Windrip who might have been inspired by George W. Bush had 'he' not preceded him. In both '1984' and in Lewis' "It Can't Happen Here", a fascist state justifies an omni-present dictatorship by maintaining states of perpetual war and perpetual terror.

The lesson of 1984 is less about the state itself than about the individual. When states are absolutely powerful, the individual ceases to exist. Philosophically, individuals robbed of free will are denied person-hood even as mere 'legal abstractions' (corporations) are made 'persons' by decree. In the U.S. 'corporations' are decreed to be persons by way of a bogus and dishonest decision by our Supreme Court, It remains the very worst decision since Dredd-Scott legitimized the keeping of slaves.

"In order to acknowledge the collapse of Soviet Communism and the failure of fascism to reemerge as a potent political force, I ditched Orwell's oppressive totalitarian state in favor of an entertainment-fueled nihilism in which dimwitted citizens frittered away their lives watching web TV and working at slightly overpaid jobs to buy worthless junk ... on web TV, natch. Where Orwell envisioned endless rows of soldiers marching in perfect unison to the strains of the Two-Minute Hate, I saw a world where nations had been replaced by trading blocs and the objects of hatred were the immigrants in our midst."

--Ted Rall, Addicted To Perpetual War

The images from 1984 are seared into our memories --big brother, the telescreen, the grotty bedroom, the cubicle, the memory hole, the drab gray existence, the rat cage. But 1984 is as much about language. It is more than mere sub-text. Language, in 1984, is the means by which Big Brother creates an alternate reality. It is only in the 'alternate reality' that Big Brother has power.
Big Brother is the Wizard of Oz, an illusion, an image on smoke if not mirrors. If millions suddenly deny the illusion, the lies, the bullshit, Big Bro is finished. The bad news is that, like the cowardly lion, we dare not challenge the great and powerful Oz

The most glaring use of Newspeak is the invention of what I have chosen to call "focus group phrases"; so called because they are invented, full cloth, by consultants who most certainly know their way around a focus group. "Al Qaeda in Iraq" is just such a phrase. "911 Denier" is another. "Al Qaeda iln Iraq" is designed to make a lazy populace forget that the war was begun upon blackhearted lies about WMD.

"911 Denier" is 'Orwell-speak' or 'Newspeak' designed to shift the burden of proof when it is, in fact,  Bush who must prove his theory of 911 --a theory for which there is not a shred of evidence --let alone proof. Anyone believing it is either a part of the plot or stupid! The Bush administration used up several ex post facto rationales for war. None of them were true! "Al Qaeda in Iraq", for example, implies the existence of a shadowy enemy that was never defined! That was by design! A real enemy is defined and can be targeted! Shadows may be summoned up whenever they are needed! 'Al Qaeda in Iraq', we can be sure, tested well.

A lazy news establishment liked it because it saved them the trouble of trouble of describing reality! Orwell understood as few have the power of language and in, 1984 the "tool of power" is language. Language empowers the all-powerful party which dictates the nature and use of language. The institutions of state maintain their power by exploiting the power of language to shape the nature of thought itself. That is, in fact, the job of the protagonist, Winston Smith. Examples may be found in any study of the recent Bush administration.

The George W. Bush regime very nearly gave the game away with the use of the phrase Total Information Awareness. In response to criticism, the regime stopped using the phrase to denote their program of widespread domestic and illegal surveillance.

Orwell is, of course, most famous for 1984 but his great essay on politics and language should also be required reading. See: Orwell: Politics and the English Language. Orwell explores how politicians exploit language to accrue absolute power. Modern writing at its worst does not consist in picking out words for the sake of their meaning and inventing images in order to make the meaning clearer. It consists in gumming together long strips of words which have already been set in order by someone else, and making the results presentable by sheer humbug.

The attraction of this way of writing is that it is easy. It is easier -- even quicker, once you have the habit -- to say In my opinion it is not an unjustifiable assumption that than to say I think. If you use ready-made phrases, you not only don't have to hunt about for the words; you also don't have to bother with the rhythms of your sentences since these phrases are generally so arranged as to be more or less euphonious.

--George Orwell

All who have read Orwell's essay on how easily politicians debase the language for nefarious purposes have recognized in the Bush administration the very techniques that Orwell warned us about.

The White House saw September 11 as a golden opportunity. The first catastrophic terrorist attack on American soil sparked an unprecedented case of leadership projection: desperate for protection and answers (why do they hate us? can we kill them before they kill us?), Americans wishfully compared Bush to FDR and Churchill. Approval ratings hit 92 percent. But Bush's political advisors knew that peaking early wouldn't guarantee reelection in 2004. Bush's father had been turned out of office just 20 months after the Gulf War ratcheted his score up to 911.
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The Bushies have lifted their reelection strategy straight out of "1984," and not just by creating ominous-sounding agencies like the Office of Homeland Security, the supposedly-closed Office of Strategic Information, and a "Shadow Government". As in "1984," the Bush regime tolerates zero dissent --a two-party system in name only has been distilled to one in which only Republicans express acceptable opinions. And an absence of follow-up attacks has been met by endless alerts, advisors and empty hysterics in the name of security, most recently culminating with Tom Ridge's much-mocked color-code warning system. 

--Ted Rall, Why Bush Is Addicted To Perpetual War

To be fair, it is not only politicians but bullshit artists who make us vulnerable to tyranny. This has been done by dumbing down the language and, thus, our ability to think critically. Until Bush, even Republican "Presidents" paid lip service to the Constitution.

"When fascism comes to America it will be wrapped in the flag and carrying a cross."

—Sinclair Lewis, author of "It Can't Happen here"!

In It Can't Happen Here Sinclair Lewis showed us how it might happen here and in ways not unlike those predicted by both Lewis and Orwell. The characteristics of the fascist state so vividly described by both authors were found in abundance in Bush's fascist regime. Millions are still in denial, evidence that truth is tragically denied. A quote from Sinclair Lewis' "It Can't Happen Here":

"Senator Windrip has got an excellent chance to be elected President, next November, and if he is, probably his gang of buzzards will get us into some war, just to grease their insane vanity and show the world that we’re the huskiest nation going."

--It Can't Happen Here, Sinclair Lewis, page 20

Orwell and Lewis not only warned us, they predicted precisely how it would be done. As Shakespeare said: "All is true!" So --why didn't we listen? We did not listen because this nation has a fierce anti-intellectual streak which at its best makes us independent and at its worst makes us stupid!

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FREE JULIAN ASSANGE! OCCUPY THE WORLD!

by Len Hart, The Existentialist Cowboy

Julian Assange has been in 'custody' illegally! His right of 'habeas corpus' has been denied him though not formally. He is simply detained, denied his freedom of movement and, presumably, his access to the international press! In fact, no charges have ever filed against him. No 'probable cause' has been demanded of his captors by any judge. He is a political prisoner in every sense of the word. He may be the picture of a fascist future when 'authority' or 'force of arms' simply decrees one to be an enemy of the state.

Assange is locked up though the burden of proof in almost every western nation has rested upon those making accusations. In this case there is no 'probable cause' whatsoever that Assange committed any crime. No formal charges have been filed against him! Officially, he has not even been accused of a specific crime. He is a political prisoner. He is a 'captive' of a crooked state(s).

TYRANNY

The arrest warrant for Julian Assange should not stand and breaches "a matter of fundamental legal principle", the supreme court has heard .

Dinah Rose QC, defending the WikiLeaks founder in his final appeal against extradition to Sweden to face allegations of sex crimes, told the panel of seven senior judges that to consider the Swedish public prosecutor as a judicial authority was "contrary to a basic, fundamental principle of law".

Reaching back as far into European legal history as the Codex Iustinianus, dated 376 AD, Rose said the Swedish prosecutor was a party in the Assange case and therefore not independent and impartial, breaching the principle that "no one should be judge in their own cause", which Rose said was one of the pillars of natural justice.

--Julian Assange extradition breaches legal principle, lawyer claims

This is an outrage! Everyone should be outraged! If Julian Assange can be imprisoned though NO CHARGES have ever been lodged against him, NO ONE IS FREE!

When the U.S. Bill of Rights had not yet been trashed, subverted by the likes of George W. Bush, the crooked court made crooked by the likes of Thomas, Scalia et al, the Bill of Rights had GUARANTEED every American DUE PROCESS OF LAW. The principle, it was hoped, would have been universal among 'western nations'. In fact, no one should be denied the right of Habeas Corpus.

Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, amount of bail, and the jurisdiction of the court.

--See, e.g. Knowles v. Mirzayance 556 U.S.___(2009), Felker v. Turpin 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991).

Simply, if charges cannot be found and filed upon PROBABLE CAUSE, the person targeted should be, must be released! Habeas corpus originated in the English legal system, embraced by the American founding fathers, and made law in the Bill of Rights! It is, likewise, guaranteed in many nations.

Make the Right of Habeas Corpus a Principle of International Law. It is an essential safeguard against tyranny, arbitrary state action, 'official vendettas! ORGANIZE to demand that Julian Assange be 'arraigned' and the charges against him HEARD together with the probable cause that he violated ANY LAWS WHATSOEVER. If the 'authorities' don't even have enough 'probable cause' to file a formal complaint with a judge, then ASSANGE MUST BE RELEASED!

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The Fascist Origins of 'Corporate Personhood'

by Len Hart, The Existentialist Cowboy

Many sources support my assertion and emerging thesis: the concept of 'corporate personhood' has Germanic, fascist roots. Herr Schlegel, for example, wrote an essay entitled “Signature of the Age” (Signatur des Zeitalters, 1820). Amid his attacks on British-American "parliamentary government" may be found his Mitt Romney/SCOTUS-like descriptions of a "machine-like", ideal state.

Schlegel describes his ideal with the term "organic" --though it is not! Schlegel also used the term 'Christian' to describe his 'fascist' state. His 'Christian corporations', he said, were 'living wholes' and he described them in terms not unlike that of the corporatist (fascist) philosophy that had been espoused/advocated by Hegel.

Some hard background: in England, ‘the Crown’ has been regarded as a 'legal entity' for centuries. But that is not to say that the 'Crown' IS 'a person'! It simply does not follow that because the 'Crown' may exert power and/or authority it is a 'person'.

Likewise, it simply does not follow that because 'corporations' may enter into contracts that the said 'corporation' is a person. In the case of the 'Crown', for example, it was said that it was both a source of law and the means by which it was enforced! This, it is said, put it above 'laws' --laws which people, real people, are expected to obey. Ergo: the 'state' is, likewise, not a person.

It is said that 'all modern societies' recognize the 'legal existence, as persons, of companies or corporations'! Again --many things may be asserted! It was often asserted that the world was flat; saying so did not make it true.

Corporations do not procreate sexually; corporations do not grow, fart, belch or have babies. Corporations do NONE of the things that define 'real people' either biologically or psychologically. A 'corporation' is nothing less than a paper contract outlining how and possibly when they may interact with 'real people' and with other corporations. NONE of these 'privileges' imply or bestow upon a 'corporation' either a sexual or asexual means by which they may procreate; NONE of these 'privileges' have either the evolutionary power or the 'God-like' power of bestowing upon a mere paper contract the status of 'personhood'.

SCOTUS was wrong and wrong-headed and so are those members of the GOP who bought the scam!

Some have said that a corporation is an 'artificial' person! But a 'real person' is ...uh...a 'real' person! A corporation is not by definition! Black's Law definition is disingenuous. Neither dictionaries nor ill-informed legal decisions can make people out of what are --in fact --mere contracts. Existence precedes 'essence' and it is 'essence' which defines! People are what they are upon birth. Corporations share none of characteristics which define what it means to be a person!

Contracts which, in effect, create a 'corporate entity, differ from other contracts only because they are normally on-file with a Secretary of State somewhere. But that hardly makes of them a 'real person'. They simply outline the legal scope of responsibilities of those party to the contract. See the quote by St. Thomas More who said of them that they were, in fact, '...conspiracies of rich men to procure their commodities in the name and title of the commonwealth'!

When the Sec of State in Delaware (for example) affixes his SEAL upon the articles of incorporation he has performed in a manner PRECISELY described by St Thomas More in his classic "Utopia". Ergo --corporations are better described as being 'legalized conspiracies' than as 'real people'.

“I can perceive nothing but a certain conspiracy of rich men procuring their own commodities under the name and title of the commonwealth.”

- Sir Thomas More (1478 – 1535), Utopia, Of the Religions in Utopia

Words fail to describe the depths of lies, propaganda and sophistry indulged by the likes of A. Scalia who --laughingly --believes himself to be 'too smart for the court'!

Most advocates of 'corporate personhood' indulge false analogies because 'false' analogies may be their last redoubt. Clearly --real persons are not so easily defined or summed up having attributes of consciousness and volition that may never be duplicated in unimaginably large super-computers let alone a mere scrap of papers with a seal on it. Simply, 'personhood' cannot be duplicated artificially and most certainly is not duplicated in mere 'legal abstractions' of any kind.

I deny many right-leaning assertions that "modern societies recognise the legal existence as persons of companies or corporations"! If what is said in defense of corporate personhood were true, TRADE UNIONS would, may and should claim 'personhood'. Should they do so, GOP hypocrites would scream bloody murder, foul, no fair!

By simply refusing to tolerate such an outcome, the GOP will have demonstrated its hypocrisy, its disingenuous assertion that corporations are people. Alas --the GOP has historically sought to have it several ways but right.

In the meantime, I urge those who make cars for a living --ORGANIZE AND INCORPORATE!

I urge those who make steel for a living --ORGANIZE AND INCORPORATE!

I urge those who work in any way with respect to the production of oil and/or petroleum related/derived products --ORGANIZE AND INCORPORATE!

In that way, you are guaranteed that you will be treated like REAL PERSONS while, previously, actually BEING a real person would have guaranteed your enslavement to MOLOCH.

ORGANIZE!!!

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How to Resist Illegal Police Searches and Violations of the Fourth Amendment!

by Len Hart, The Existentialist Cowboy

Commit this to memory:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

--Fourth Amendment, U.S. Constitution

Bottom line --unless the officer wanting to harass you, search your car, pester you or argue with you can PRODUCE a WARRANT issued by a judge that describes 'particularly' the article that you are suspected of possessing, you need not submit to any search whatsoever. You know that! The judge knows that! But 'hot dogs' cops either don't know it or don't care or both!

Most of the time, police must present their probable cause to a judge or majistrate, whom they ask for a search or arrest warrant. Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime.

The prohibition on unreasonable searches and seizures effectively restricts actions that cops may wish to take but cannot unless they get a warrant. Producing the probable cause is the responsibility of the police and it follows from the 'presumption of innocence'. That's not your problem! The fact is "unreasonable searches and seizures" are illegal if not authorized by a warrant and NO warrant shall be issued but upon 'probable cause'! Therefore, you are not required or expected to do the cop's job for them. An example of what cops are capable of occurred in Houston some 20 years ago. Cops, responding to a disturbance, arrested an hispanic Viet Nam war hero who was accused of creating a row in a bar.

He was beaten so badly by the cops that the jailer refused to admit him; he ordered the cops to take him to a hospital. Instead, they took him to a dimly lit area on Buffalo Bayou between downtown and the city's River Oaks/Memorial area. There they beat the holy hell out of him while shackled. Then they leveraged him out over the bridge and DUMPED him into the inky dark waters of Buffalo Bayou some 20 ft (or more) below.

He drowned and the cops --to Houston's credit --were made to stand trial for murder! They were convicted! I covered the trial.

What can one do to protect him/herself from rogue cops? There is no panacea, no magic wand. I do have some suggestions:

• If you should get stopped by a cop who persists and despite not having a warrant FORCES a search upon you, get his badge number!
• SUE him!
• Demand that he be dismissed without pension!
• FILE charges against him!
• Sue either the city, the state, the district!
• Sue the bastards!

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How 'Indefinite Detention' Has Made of the U.S. a 'Police State'

by Len Hart, The Existentialist Cowboy

It was in January, 2002 that the UN Committee Against Torture condemned the treatment of prisoners held at Abu Ghraib by noting that 'indefinite detention' was a violation of the UN Convention against torture! But even worse for U.S. Citizens is the threat that is likewise posed against citizens of the United States. In short, if the government or the President should merely 'deem' you to be a terrorist, you can be dropped into a hole and never seen or heard from again! This continues to be a threat to all Americans of every stripe and income bracket, of every political persuasion left or right should it run afoul of 'powers that be'! The word for this is: tyranny!

The detention sections of the NDAA affirm "...the authority of the President under the AUMF, a joint resolution passed in the immediate aftermath of the September 11, 2001 attacks, includes the power to detain any person "...who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners". Anyone so targeted may be held indefinitely "without trial, until the end of the hostilities authorized by the [AUMF]". Of course, there is no 'end of hostilities' in an Orwellian perpetual war.

The Sixth Amendment is violated when U.S. Citizens are alllowed to be detained (locked up) indefinitely at any place in the U.S. or abroad if you are merely 'deemed' to be a terrorist! 'Probable cause' is no longer required; you may be locked up if you look funny or Arab! You may be locked up if you are merely 'deemed' to be a terrorist! There is no 'burden of proof' nor is there any requirement that the government produce 'probable cause' that you have committed a crime of any sort! American citizens may be stripped of all rights if he/she is but 'declared' or 'deemed' to be a 'terrorist', however baseless that declaration may be! Those unfortunate targets of this dictatorial, draconian, tyrannical, anti-democratic measure are subject to being snatched, dropped into an Abu Ghraib type hell-hole or --worse --a Texas gulag and never seen or heard from again!

This is a violation of the Fourth Amendment which reads:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

These measures are all gross and egregious violations of the 14th amendment prohibiting the federal government, the various states and local governments from depriving persons of life, liberty, or property in violation of DUE PROCESS OF LAW, established previously in the 4th Amendment!

This clause makes 'protections' stated clearly and unambiguously in the Bill of Rights applicable to the states. In other words, even states are subject to the SUPREME LAW OF THE LAND --the Constitution! These draconian measures are not merely illegal but treasonous and those supporting them are traitors to the U.S. Constitution, the Bill of Rights and to the people of these United States which are 'sovereign' whether the polticians and lobbyists in Washington recognize that fact or not!

Moreover --I DENY that either President nor Congress nor statutes signed by the President may NULLIFY the above principles of Constitutional law as articulated in the Fourth and Fourteenth Amendments!

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How to Resist Illegal Police Searches and Violations of the Fourth Amendment!

by Len Hart, the Existentialist Cowboy

Commit this to memory:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

--Fourth Amendment, U.S. Constitution

Bottom line ---unless the officer wanting to harass you, search your car, pester you or argue with you can PRODUCE a WARRANT issued by a judge that describes 'particularly' the article that you are suspected of possessing, you need not submit to any search whatsoever. You know that! The judge knows that! But 'hot dogs' cops either don't know it or don't care or both! It is bitter irony that many who have had the law on their side have become victims of those who either care nothing for the 'rule of law'. An alarming number of these nimrods resent the fact that you have rights; as many resent legal restraints upon their conduct. Almost as many are not in the least bit concerned about your rights as a law abiding citizen and tax payer. 

Before you can be arrested, police must present the 'probable cause' that you have committed a crime to a judge before a warrant for either search or arrest can be issued.

Police may not --legally --conduct fishing expeditions, blanket searches, harassment! Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime.

These restrictions on unreasonable searches and seizures effectively restrain those cops who may wish to take you into custody but cannot without a warrant. Producing probable cause is the responsibility of the police and it follows from the 'presumption of innocence'. That is not your problem! The fact is "unreasonable searches and seizures" are illegal. Any search is illegal if not authorized by a warrant and NO warrant shall be issued but upon 'probable cause'! Therefore, you are not required or expected to do the cops' job for them. And if they do not know what their job is or how to do it they should resign immediately accompanied by a big 'STFU'!

An example of what cops are capable of occurred in Houston some 20 years ago. Cops, responding to a disturbance, arrested an hispanic Viet Nam war hero who was accused of creating a row in a bar.

He was beaten so badly by the cops that the jailer refused to admit him; he ordered the cops to take him to a hospital. Instead, they took him to a dimly lit area on Buffalo Bayou between downtown and the city's River Oaks/Memorial area. There they beat the holy hell out of him while shackled. Then they leveraged him out over the bridge and DUMPED him into the inky dark waters of Buffalo Bayou some 20 ft (or more) below.

He drowned and the cops --to Houston's credit --were made to stand trial for murder! They were convicted! I covered the trial.

If you should get stopped by a cop who persists and despite not having a warrant FORCES a search upon you, get his badge number!

• SUE him!
• Demand that he be dismissed without pension!
• FILE charges against him!
• Sue either the city, the state, the district!
• Sue the bastards!

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'Cops' Run Amok, Suppress Video Tapes of Police Abuse

by Len Hart, The Existentialist Cowboy

‘Police States’ are what they do! One of the things police states do is deny citizens a voice even as they seek to control information themselves. Lately and not surprisingly, police seek to suppress video tapes of police officers in the act of abusing people, beating them up, depriving victims of Miranda and other rights. There are efforts to make illegal the use of video cameras to expose police brutality and mis-conduct. How convenient!

I am of the opinion that police --presumably 'public servants' as we have been taught --ought to be video-taped, documented in any and every way possible. There is simply no reasonable compromise on this point. Either we are a free people or we are not! You are either for a free state or you are for a dictatorship that the right wing, the GOP in particular, is intent upon imposing upon us. It really matters little who occupies the White House; the U.S. government is owned!

I cannot recall anyone in government asking for our input on this issue. I believe that many, perhaps most, American politicians are drunk with power and/or pay-offs and just don't care what you think! We should make it clear to them that we are fed up and we are not 'gonna take this anymore'! It won't be easy. The government of the United States is 'jointly' owned by the 'Axis of K-street/wall street', otherwise called the Military/Industrial complex. When Bush said 'who cares what you think?' he was not kidding.

John Stossel reports that "some states' are using state wiretapping laws to prosecute citizens who videotape encounters with the police".

Anthony Graber was pulled over on his motorcycle by Maryland State Trooper Joseph David Ulher. Uhler drew his gun during the stop. Graber was wearing a camera on his helmet. Graber thought Uhler's actions were excessive, so he posted the video to the Internet. Days later, police raided the home of Graber's parents. Graber was arrested, booked, and jailed. He was charged with violating Maryland's wiretapping statute.

...

Graber is due in court next week. He faces up to five years in prison. State's Attorney Joseph Cassilly has also charged Graber with "Possession of an Interception Device." That "device" would be Graber's otherwise-perfectly-legal video camera.

... [Jack] McKenna, a student at the University of Maryland, was given an unprovoked beating by police during student celebrations after a basketball game last February. McKenna would probably still be facing criminal charges and the cops who beat him would likely still be on the beat were it not for several cell phone videos that captured his beating. According to Cassily's interpretation of the law, if any of those cell phones were close enough to record audio of the beating, the people who shot the videos are felons. --In Spite of State Law, Maryland Law Enforcement Officials Still Arresting, Charging People for Recording Cops

This is wrong, and a formula for corruption. Is it coincidence that corrupt political machines thrive in states that ban public taping? Illinois, which has a tough anti-taping law, is famous for corruption. Former governor Rod Blagojevich was exposed only after the Feds secretly recorded his conversations. Spiro Agnew became Vice President because his corruption was not detected when he was governor of Maryland. Maryland is also home to the Prince George’s County Police Department and its hyperactive SWAT team. Balko points out that it spent 5 years under federal oversight for excessive force

--John Stossel, Abuse of Power

We might have hoped that torture and atrocities would be confined to Abu Ghraib! But what does that say about us as a people? Do we really want to buy the lie that it is OK to torture people in other nations, people of other colors, people of other religions or, perhaps, no religion at all? It is time that as a people, we grew up and faced facts! And the facts are that in and out of the nation's 'out-sourced' penal institutions, perverts with badges terrorize the nation, threatening innocent children, women and the handicapped. You are a target. Everyone is a target.

Innocent bystanders are no longer safe from cops gone rogue, tin-horn sheriffs, or other so-called law enforcement personnel. Who let these dogs out --and why? What Nazi mentality makes a lethal enemy of those who had been sworn to "protect and serve"? What fascist power has loosed the 'state' upon an innocent, perhaps naive, citizenry?

We were notably made war upon by Bush who unleashed an evil genie. A culture war of fear, hate, prejudice, perversion and violence is unleashed by the privileged few and arrogant. They have seemingly, purchased our local, state, and federal governments. No one is safe --not in your home, your car, your property! This is what it means to live in a police state, a state in which just one percent of the population consider the 'police' to be little more than their private security firm.

They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for Channel 4 . It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.

Torture Inc. Americas Brutal Prisons

Either we are free people with defined rights under the law –or we are not! Which is it? Clearly – police and right wing governments believe we have no rights. For them --the law means nothing more than the authority that they may assume at the moment! Clearly –people have lost much if not all respect for cops else they would not believe it necessary to document police abuse by whatever means!! A democracy is doomed when the role of the 'police' is that of enforcing the superior status of a 'ruling elite', which in America is just one percent of the entire population.

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The Age of the 'Unperson'

by Len Hart, The Existentialist Cowboy

Thanks to the increasingly absurd, bought-and-paid for Supreme Court, corporations are now people but real people can be declared Orwellian 'un-persons' with but a stroke of a pen. This is an unconstitutional power given POTUS by SCROTUS but has no basis in law.

Everything you were told in school with respect to the Bill of Rights, habeas corpus, the rule of law, the right to trial, the right to be confronted by your accusers --all of that is by the boards, 'repealed', rendered moot, defunct with yet another idiotic, stupid and dead wrong decision by the most subversive, traitorous 'Supreme Court' in history.

Moreover, the U.S. Circuit Court of Appeals has ruled that government officials are immune from lawsuits because --at the time --it was unclear whether the abuse of prisoners at Guantanamo was illegal. Let me help them out on this one: every 'prisoner' held in Guantanamo is held in violation of every treaty and international principle to which the U.S. is obliged. I believe that applies as well to Abu Ghraib. Clearly --every action of the U.S. in Iraq is illegal stemming from the illegal invasion, a violation of every international principle and/or treaty to which the U.S. is bound. Any death following as a result of any action taken by the U.S. in or to Iraq violated U.S. Codes, Title 18, Section 2441 is a capital crime! Bush himself is in violation of that provision. Others, farther down the food chain, can always plead: 'but ve ver only folloving orters!'

This affront to the rule of law must not stand! It is more repugnant than the so-called 'Intolerable Acts' which motivated the colonial separation from England. Can we have that revolution now?

As everyone knows by now, SCROTUS recently declared corporations --mere words on paper --to be 'real people' having rights that are NOW denied to you who are living, breathing real people. This is intolerable and absurd. The Supreme Court should be dismissed! One wonders now what additional bullshit must the government try to pull before it is declared illegitimate by a 'people's tribunal' and eventually replaced a real government representing REAL people not 'legal abstractions' and the ambitions of the Military/Industrial complex?

In the wake of the U.S. Supreme Court’s refusal Monday to review a lower court’s dismissal of a case brought by four British former Guantanamo prisoners against former defense secretary Donald Rumsfeld, the detainees’ lawyers charged Tuesday that the country’s highest court evidently believes that "torture and religious humiliation are permissible tools for a government to use."

[....]

Channeling their predecessors in the George W. Bush administration, Obama Justice Department lawyers argued in this case that there is no constitutional right not to be tortured or otherwise abused in a U.S. prison abroad.

The Obama administration had asked the court not to hear the case. By agreeing, the court let stand an earlier opinion by the D.C. Circuit Court, which found that the Religious Freedom Restoration Act -- a statute that applies by its terms to all "persons" -- did not apply to detainees at Guantanamo, effectively ruling that the detainees are not persons at all for purposes of U.S. law.

The lower court also dismissed the detainees’ claims under the Alien Tort Statute and the Geneva Conventions, finding defendants immune on the basis that "torture is a foreseeable consequence of the military’s detention of suspected enemy combatants."

--US: Guantanamo Prisoners Not ‘Persons’, Anti-War Dot Com

In Orwellian terms, an 'unperson is a person who has been vaporized perhaps not literally by the state but nevertheless robbed of his/her natural rights and records of his/her ever having existed. This erasure of personhood itself consists of removing all references to the person in existing books, the destruction of photographs, in fact, any documentary proof of existence at any time, i.e, no trace or evidence is to be found in the historical record.

Even close friends or relatives are 'expected' to forget that an 'un-person' ever existed. The very mention of the unperson's name becomes a 'thought crime'. The concept is not so far-fetched. Consider the Stalinist practice of erasing from photographs the images of convicted 'enemies' of the state. That individuals --real persons --may be subject to this treatment by the 'state' --itself a mere abstraction --is double-plus absurd and more so when corporations are given rights that, by right, belong only to real, living, breathing, biological human beings. Revolution now!

1984 might not have been late in arriving as is often thought. It's implementation may have been complicated but only temporarily delayed by the arrival of the internet. Certainly, the Reagan administration was poised to concentrate, consolidate the conventional and broadcast media into very few and controllable hands. Much of that has occurred. Fox, nothing more than a shrill propaganda organ, is a prime example. Fox arrived on time. The rest of the right wing coup cannot be far behind.

But for the internet and independent blogs, it is this Reagan legacy of concentrated, biased right wing media that you would depend upon for information. That should scare you! If it does not, you're reading the wrong article. Meanwhile, we should not be surprised that the 'conventional' media has yet to grasp the many harms done the world by Reagan, Bush and Bush. The conventional media still speaks another language! Newspeak?

In George Orwell's 1984, life is lived in a state of perpetual war. The U.S. has been at war in one form or another since the beginning of World War II. In 1984 an oligarchical society is defined by its having voided the rights of citizens. It accomplishes this with pervasive government surveillance, mind control, and a 'ministry of truth'. This has been accomplished in the U.S. with the repeal of the Communications Act of 1934 which had established the recently defunct notion that the 'air waves' are owned collectively by the people! That is no longer the law of the land and consolidation of broadcast and print media into very few hands is the result. The internet, we suspect, will eventually be brought under the control of Big Bro. Enjoy it while you can!

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Soylent Red, White and Blue

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