Friday, December 16, 2011

Shame On The Diplomatic Security Service

The agents of the Diplomatic Security Service (DSS), the security and investigative law enforcement arm of the Department of State (DOS) recently unlawfully, and in violation of Supreme Court precedent, detained Traditional Values Coalition (TVC) president Andrea Lafferty who was attending a press conference by Hillary! (h/t Jihad Watch)




TVC Press Release December 15, 2011




Washington D.C. (December 15th, 2011) -- Traditional Values Coalition (TVC) president Andrea Lafferty was targeted and detained by Secretary of State Hillary Clinton’s security personnel this Wednesday during the closing event capping the three day closed-door conference advancing the implementation of U.N. Resolution 16/18...


Lafferty was circled by several members of Secretary Clinton’s staff before being approached by a member of the security detail, demanding Lafferty follow him. When asked why she was being removed from the reception hall, the security detail announced that a phone call had identified Lafferty as a “security threat” to Secretary Clinton.

Clearly there was no basis for the detention under Terry v. Ohio. Lafferty represented no threat and no reasonable agent could conclude otherwise. Terry gives a law enforcement officer the authority to stop and temporily detain a person based on reasonable belief based on articulable facts that the person detained has commited, will commit or is committing a crime. Clearly a public figure at the public eye and at a public event where the access was controlled and the attendees searched clearly represented no threat, and hence there was no authority to detain her.


Now this is a civil rights violation that the Department of Justice Civil Rights Division should be investigating, rather than the trumped up lies in a recent report on Sheriff Joe Arpaio. But then we no longer live in a nation of laws, but in that of incipient Stalinist dictators.


All this to the eternal shame of DSS, a once proud and professional law enforcement agency, and, who never lost a protectee, unlike the USSS.

5 comments:

Anonymous said...

Hillary has her own definitions of security threat: critic, ex-supporter, former Bill paramour, current Bill paramour... all these things can cause incredible insecurity for some people. gwb

Anonymous said...

Sounds to me like a person was asked to follow an agent and they complied. I don't see the element of detention. Was force used? Citind intimidation won't fly...

Federale said...

Yes it will. I refer you to Title 18 United States Code Section 242. The Special Agents involved used the authority of their office to detain a person without lawful cause. The presentation of authority, either overt or imputed is sufficient.

And it of course is circumstance dependent, but as in the case of the IRS agents who entered a woman's bedroom and "asked" her to step outside, the circumstances were sufficient to make agents liable.

http://ftp.resource.org/courts.gov/c/F2/959/959.F2d.834.90-16376.html

This shows it is all about circumstances. A public figure attending a public meeting where the attendees were screened. There is no articulable facts required under Terry to show anything.

If she was "asked" by one agent, then perhaps, but most likely there were more than one. But in any event, why would they "ask" her to do anything? There was no lawful purpose for the agents to "ask" her anything.

"Asking" someone to go with an armed federal agent has to have a purpose. Political intimidation, not liking inconvenient questions, etc. are not lawful purpose under Terry.

Therefore her rights were violated. The only question is whether the Attorney General or his subordinates will prosecute.

And we know that answer. Just as the New Black Panthers.

Anonymous said...

JFK.

Federale said...

Congrats. You win the prize.