Thursday, June 25, 2009

It Is Starting

In the early nineties, the Clinton war on gunowners and his political enemies started with the trumped up charges leveled against Randy Weaver and the attack on the Branch Dividians at Waco, resulting in the bombing of the Murrah Federal Building in Oaklahoma City. http://en.wikipedia.org/wiki/Ruby_Ridge The Obama Regime has started its own war on Americans today with the arrest of Hal Turner for suggesting that someone kill Federal appealate judges on the 7th Circuit of the U.S. Appeals Court. http://www.chicagotribune.com/news/local/chi-internet-radio-arrest-25-jun25,0,7879524.story Turner has been a thorn in the side of the federal courts and is a racist, just like Al Sharpton, Jesse Jackson and Obama's pastor Jerimiah Wright.

The case against Turner is obviously flawed, as he did not threaten to kill anyone, just suggested that someone else might want to do it. However, the method of the charging of Turner was the most sinister. It was by Criminal Complaint. http://207.41.16.133/rfcViewFile/09cr542.pdf This method is very strange, and is usually only used in cases where a quick, but not immediate arrest is wanted by the government. In cases where there is iminent danger cause by a potential crime, federal agents, specifically FBI special agents, are authorized to make probable cause arrests. Obviously, if the government thought that Turner had really made a threat, which includes an immediate ability to commit the crime and intent, an arrest could be made based on probable cause. Obviously though, the government did not think that Turner had either the means or intent to kill the three judges, as they took the time for the FBI special agent involved, John Marsh, write up a criminal complaint. This probably took at least one day, and did not include the time necessary for the assigned Assistant United States Attorney, who is interestingly not named in the Criminal Complaint, to review it for legal sufficiency.

But more importantly, a Criminal Complaint was used because the United States Attorneys Office did not want to go to a Grand Jury. In Chicago, Grand Juries sit almost every day of the week, and if the USAO had time to have Marsh write up a complaint and have it reviewed for legal sufficiency, it therefore had enough time to present the case to a Grand Jury. While I have heard an Assistant United States Attorney brag that Grand Jury could be let to indict a ham sandwich, which probably is true, I have also seen Grand Jurys No Bill an indictment. And, readers, that is not something that United States Attorneys like to see. AUSAs who get No Billed are told in no uncertian terms that they have to go to a new Grand Jury and get the indictment.

In Turner's case there is scant evidence of a threat, much less intent and means to carry it out. Any Grand Jury, despite the ham sandwich, would not have indicted. That is why a Criminal Complaint was necessary, and very clever, as the USAO went to one judge to get a Criminal Complaint in alleged threats to other judges. No Magistrate Judge would ever do anything to anger more senior judges. Remember Magistrate Judges are not appointed by the President, but appointed by a vote of District Judges for ten year terms. If a Magistrate Judge refused to sign a Criminal Complaint concerning threats to other federal judges in all work closely together and undoubtedly are close socially, that Magistrate Judge would have no chance of reappointment to a new term.

Instead of being laughed out of the Grand Jury Room, the USAO took the easy route of getting a Criminal Complaint, for articulable reason other than they could not get a Grand Jury to indict on a obviously bogus charge.

This is the opening shot by the Obama Regime against what liberals call hate talk, especially what they call hate talk radio. The governments refusal to support talk radio host Michael Savage after he was labeled a proponent of hate by the British Government was a first sign of the new Obama Regime campaign to criminalize opposition to the Obama Regime. But for the first actual arrest and prosecution for speech, they chose a less sympathetic and obviously less powerful victim, a racist, but one of the unapproved racist beliefs, as Jackson, Sharpton, and Wright are still free to peddle their version of hate speech.

While Turner may be unsympathetic to most people, this is just a start. Others will be immigration restrictionist groups, talk radio, gun owners, and other unapproved groups. Remember, the Clinton Regime tried to blame Oklahoma City on the eminently respectable Rush Limbaugh, who eschews the race and immigration issues, but he was blamed for OKC even though he did not ever address Ruby Ridge, Waco, or the gun issue.

Further evidence of the Obama Regime plan, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) has been harrassing and threatening lawful gunowners who live in Texas. http://www.nraila.org/Legislation/Federal/Read.aspx?id=4990 "One reportedly demanded that a gun owner return home early from a business trip, while another threatened to "report" an NRA member as 'refusing to cooperate.'" Interestingly enough, there is no federal crime of refusing to cooperate, it is actually called the right against self-incrimination. It is in the Constitution, like the right to own firearms. It is clear that the Obama Regime is intollerant of gun owners and free speech. They are no choosing their targets narrowly, but their targets will soon widen, entailing all who oppose them.

Turner verbally castigated the 7th Court of Appeals judges for denying Second Amendment rights to citizens in Chicago, but, as quoted on LewRockwell.com, http://www.lewrockwell.com/case/case36.1.html, 'Judge Alex Kozinski of the 9th Circuit Court in 2003 wrote in part:

'The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed – where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.'"

This appears to be that once, again.

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