Archive for the ‘Court Case’ Category

11-Year-Old Shoots Dad’s Pregnant Fiancee; Should Be Charged As An Adult

February 24, 2009

3_21_022109_brown_350Alright, so I just heard about this story and figured I’d give  my input.  This story comes out of Wampum, Pennsylvania: 11-year-old Jordan Anthony Brown (pictured on the left; photo courtesy of the Lawrence County Prison) shot and killed his dad’s pregnant fiancee at point blank range, and is now being charged as an adult.  Brown allegedly shot the woman with his 20-gauge shotgun in the back of the head.  He had wrapped the shotgun in a sheet to muffle the sound.

But apparently, his lawyer isn’t happy with this and wants him to be tried in juvenile court.  Brown is currently being held in the Lawrence County Prison in Pennsylvania.

On Saturday, Lawrence County District Attorney John Bongivengo charged Brown, as an adult, in the murder of 26-year-old Kenzie Marie Houk. Houk was 6 months pregnant.  Bongivengo said that he has to be charged as an adult because Pennsylvania law doesn’t allow for criminal homicide charges to be filed  against Brown in juvenile court.

Brown originally lied to police about seeing a suspicious vehicle on the property, but later, police realized that he was lying after finding multiple inconsistencies in his story.  The victims 7-year-old daughter ultimately implicated Brown in the murder.  Bongivengo told reporters, “She didn’t actually eyewitness the shooting.  She saw him with what she believed to be a shotgun and heard a loud bang.  [The gun was found in the] location we believe to be in the defendant’s bedroom.”

Jack Houk, the victim’s father, told reporters, “An 11-year-old kid — what would give him the motive to shoot someone?  Maybe he was just jealous of my daughter and the baby and thought he would be overpowered.”

Brown’s attorney, David Elisco met with Brown, after which he told reporters, “I don’t think he knows what’s going on.  I walked out of there thinking he was innocent.  I believe Jordan did not do this and I’m looking forward to seeing the physical evidence to see if it matches with what I think happened.”  Elisco also met with Christopher Brown, the boy’s father.  He characterized Christopher as being “in a state of actual shock and disbelief.”  When asked if the boy disliked Houk, Elisco answered, “This is a tragic, extremely tragic situation, and it’s way too early to have any substantive comment.”

Apparently jealousy was the motive.  According to the victim’s brother-in-law, Jason Kraner, “He [Jordan Brown] actually told my son that he wanted to do that to her.  There was an issue with jealousy.”  Elisco responded to that claim, saying, “I think it’s all bull shit–there’s no animosity.”

Elisco wants Brown moved out of the county jail.  He told reporters, “I don’t think anybody wants him there. … I want him to be occupied and busy and back, essentially, in school. … I wouldn’t say he’s in good spirits.  He’s confused.  He looks and acts like a typical 11-year-old.”

He acts like a typical boy?  Are you crazy?  He shot a woman at point blank range!

Lawrence County Warden Charles Adamo also wants Brown moved out of his prison.  He says that his facility just can’t accommodate an 11-year-old boy.  Apparently they have to keep him ultra-isolated from any adult inmates, so he can’t even have visitors, since it’d mean that he’d have to be around other adults.  It’s also difficult to coordinate showers, since he has to shower alone, meaning that a whole cell block of 63 inmates must be locked down.  According to Elisco, they don’t even have clothes that fit him: “They put a shirt on him; he’s swimming in it, and his pants are cuffed up about 10 times.”  I find that a little hard to believe – they don’t have small clothes at all?  What happens if they arrest a dwarf or midget?  I feel like they must have clothes somewhere that would fit him.

Personally, I don’t care if he’s in an adult prison or not, as long as he is CHARGED as an adult.  This kid knew what he was dong.  It was premeditated (the sheet wrapped around the gun).  We have a girl who saw everything but the actual shooting (anybody can put 2 and 2 together.  Boy with shotgun + big bang + dead woman = boy killed the woman).

This freak of a kid needs to be charged with double homicide and needs to spend the rest of his life in jail.

Done Ranting,

Ranting Republican
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Lucie Kim Frivolously Sues Miley Cyrus Over “Racist” Picture

February 16, 2009

Alright, so I heard about this story yesterday, and it really got my blood boiling.  Not because I’m terribly offended by Miley Cyrus, but because lawsuits in America have reached such an asinine stage.

Here’s what happened: Miley Cyrus offended some Asian Pacific Islanders by making “squinty eyes,” imitating someone who is Asian:

0202_miley_cyrus

The tabloids got that picture and kaboom! it’s all over the place.

Well, some idiot figured that they could make some money off of this.  And that idiot is Lucie J. Kim.  She filed a lawsuit in the Los Angeles superior court stating that every Asian Pacific Islander in L.A. County deserves $4,000 for civil rights violations because of that photo.  That totals $4 million.  Kim says in the suit that Cyrus “knew or should have known that her image would be publicly disseminated via the media, which Cyrus knew would focus on her private life, specifically TMZ [they're the ones who leaked it first].”  She also claims that Cyrus knew the face was “racist.”

Cyrus originally said she was “simply making a goofy face,” but later apologized.

Comedian Margaret Cho wrote a blog post about it (that’s available here: http://www.margaretcho.com/blog/2009/02/11/oh-miley.html), and the Organization of Chinese Americans (OCA) released the following statement:

The photograph of Miley Cyrus and other individuals slanting their eyes currently circulating the Internet is offensive to the Asian Pacific American community and sets a terrible example for her many young fans. This image falls within a long and unfortunate history of people mocking and denigrating individuals of Asian descent.

“Not only has Miley Cyrus and the other individuals in the photograph encouraged and legitimized the taunting and mocking of people of Asian descent, she has also insulted her many Asian Pacific American fans,” said George Wu, executive director of OCA. “The inclusion of an Asian Pacific American individual in the photo does not make it acceptable.”

“OCA hopes that Miley Cyrus will apologize to her fans and the APA community for this lapse in judgment and takes the opportunity to better understand why the gesture is offensive.”

OCA is a national organization dedicated to advancing the social, political and economic well-being of Asian Pacific Americans in the United States.

OK, so first off, anybody who needs $4,000 to make themselves feel better because of this picture really needs to spend that $4,000 on counselling to get some therapy and self esteem.  So, my message to Lucie Kim: GET SOME MENTAL HELP!  YOU NEED IT!  Uh oh, I’m gonna get sued now for being offensive to people with low self esteem.

Second, why is nobody yelling at the Asian kid in the picture?  He was going along with it.  He wasn’t mad that the people around him were “mocking” his heritage.  So, is he racist against Asian Pacific Islanders too, or is this another double standard similar to how African Americans can use the N-word?

I can deal with what the OCA said.  Sure, it was offensive, but honestly, I doubt that that many Asians really care.

What I can’t deal with is the greed and utter stupidity of Lucie Kim.  Kim is an idiot who’s trying to make a quick buck.  Go out and find a real way to make money, instead of trying to sue the crap out of a teenage girl for offending you.  And you know what, if you’re so desperate for money, I invite you to come here and talk to me.  If you can actually convince me that you deserve $4,000, I will personally give you $250.

Done Ranting,

Ranting Republican
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Wisconsin Court: Cheerleading Is a Contact Sport; Participants Can’t Be Sued for Accidents

January 28, 2009

Yesterday the Wisconsin Supreme Court unanimously ruled in a lawsuit brought by Brittany Noffke, a varsity basketball cheerleader at Holmen High School in western Wisconsin. While practicing a stunt for the first time before a basketball game in 2004, she fell backwards off the shoulders of another cheerleader and suffered a head injury.  She then filed a lawsuit against the 16-year-old male cheerleader who was supposed to be her spotter but failed to catch her, as well as the school district and its insurer.  Noffke claimed that the coach was negligent for failing to supervise the stunt and not making sure that mats were being used.  (The court ruling can be found here.)

Justice Annette Ziegler rejected Noffke’s argument that contact sports were limited to aggressive sports.  In her opinion, she wrote that lawmakers meant to limit liability for “any recreational activity that includes physical contact between persons in a sport involving amateur teams.”  Zeigler said that cheerleading involves “a significant amount of physical contact between the cheerleaders that at times results in a forceful interaction between the participants.”

This decision means that cheerleaders can only be sued for acting recklessly in causing injuries, and that Noffke’s teammate’s actions were only a mistake.

Ziegler also said that the district cannot be sued for the coach’s behavior under Wisconsin law that shields government agencies from lawsuits for the actions of employees.  The coach had no duty to make sure a spotter was in place or to provide mats and the stunt was not a “known and compelling danger,” the court said.

I have to say, when I saw the headline on the bottom of the TV: “Court rules cheerleading is contact sport,” I thought, “Come on, what’s this about!”  But as I read over the case and thought about it, the  court is right.  Nowhere in the law does it state that the contact has to be between members of different teams.  It’s a law meant to protect students from accidents (not negligence), and that’s what happened here.

If you fail to catch somebody, that’s not on purpose (normally).  It is possible to let somebody fall when you’re there to catch them, and that should be protected under the law.  Cheerleading isn’t a simple and easy sport, so I think the dangers do need to be carefully looked at, and if you take the risk of participating, you have to live with the fact that you might get injured.

Done Ranting,

Ranting Republican
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ACLU Director: Bush Was “Very worst President for civil liberties”

January 13, 2009

A couple days ago on the Colbert Report, Steven Colbert interviewed American Civil Liberties Union (ACLU) Director Anthony Romero.  In the interview, Romero said that Bush was the “very worst President for civil liberties,” and later that he was “the worst President in 8 long years.”  Perhaps he meant “for 8 long years,” since he was the only President in the past 8 years, so Romero’s statement really didn’t make sense.  (Sorry this is up a few days late – I lost me entire draft that I wrote the 1st time, and that took a few hours to do.)  Anyway, watch the video, and I’ll discuss his statements below.


So, what do I think about Romero’s statements?  I think his high school American history teacher would be ashamed of him.

Now, I’m not arguing that President Bush has been a champion of civil liberties.  I think he overstepped his powers, and I think the Republican Party (and some of the Democratic Party) stood by and let him.  And now, the Republican Party is paying for it, and this country will be paying for it for years to come.  Still, I don’t think that Bush did it just for fun.  He had legitimate reasons, but I think he went too far at times.  Anyway, let’s look at 4 Presidents who I think did much worse for civil liberties than Bush has:

John Adams

Why John Adams?  The Alien and Sedition Acts, that’s why:

First, we have the Alien Friends Act (officially titled “An Act Concerning Aliens”) (we’re going to leave the Naturalization Act out of this discussion since it isn’t relevant, but technically was the first one to be passed).  Let’s take a look at the first 2 sections of the bill:

An Act concerning Aliens.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continnuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed.  And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States.  Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate.  And the president may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

SEC 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal.  And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

APPROVED, June 25, 1798.

Alright, now we have the Alien Enemies Act (officially titled “An Act Respecting Alien Enemies”):

An Act Respecting Alien Enemies

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

SEC. 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they shall be, and are hereby respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint. and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.

SEC. 3. And be it further enacted, That it shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who by the President of the United States, or by order of any court, judge or justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be.

APPROVED, July 6, 1798.

And lastly we have the Sedition Act (officially entitled “An Act for the Punishment of Certain Crimes against the United States”):

An Act in addition to the act, entitled “An act for the punishment of certain crimes against the United States.”

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty, and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be ho]den to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

SEC. 2. And be it farther enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

SEC. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in Republication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

SEC. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.

APPROVED, July 14, 1798.

Alright, CLEARLY the things that Bush has done against civil rights (as outlined in the interview above – things like Guantanamo, wiretapping, etc…) weren’t as bad as what Adams did.  If Bush were to follow what Adams had done, we’d be deporting Iraqis and Afghans left and right.  We’d probably be deporting the French and Germans who are speaking out against the war too.  And I’m guessing that CBS and Dan Rather would be in jail for around 2 years and would be paying around $2,000 for that false report that CBS did a few years ago.

Now, on to our next civil rights violating President:

Abraham Lincoln

President Lincoln had 18,000 rebel leaders arrested and held in military prisons without trials.  Let’s look at the specific case of Maryland cavalry Lieutenant John Merryman (he assisted in kicking Union troops out of the area after a riot broke out as the Union forces were changing trains at  a station) in the case Ex parte Merryman, 17 F. Cas. 144 (1861):

Lincoln wrote a letter to General Winfield Scott on April 27, 1861, allowing Scott to suspend the writ of habeas corpus within the vicinity of the “military line”.  Originally, this was kept a secret, but by May of 1861, several members of the Maryland legislature had been arrested without grounds or stated charges.

Merryman said that this was illegal and took his case to the U.S. Circuit Court, and the judge at the time was Supreme Court Chief Justice Roger B. Taney.  Taney sided against Lincoln, but Lincoln decided that he would just ignore the ruling.  It is then rumored that Lincoln may have quickly issued and then retracted an arrest warrant for Taney, but the historical accurateness of this claim is disputed.  Anyway, several other cases similar to the Merryman case went before federal judges, but Lincoln ignored all of them.  Eventually Congress suspended the writ of habeas corpus.

Now, compare this to Bush.  Bush hasn’t arrested 18,000 American citizens, and he hasn’t ignored nearly as many court rulings as Lincoln had either.

On to the next President:

Woodrow Wilson

President Wilson signed into law the following  2 bills: the Espionage Act of 1917 and the Sedition Act of 1918.  Let’s take a look at those real quick.  First, we have an excerpt from the Espionage Act of 1917:

Section 3

Whoever, when the United States is at war, shall wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.

Section 4

If two or more persons conspire to violate the provisions of section two or three of this title, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offences under this title shall be punished as provided by section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine.

And here’s an excerpt from the Sedition Act of 1918:

Section 3
Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies, or shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States, and whoever when the United States is at war, shall willfully cause or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct or attempt to obstruct the recruiting or enlistment services of the United States, and whoever, when the United States is at war, shall willfully utter, print, write or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall willfully utter, print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote the cause of its enemies, or shall willfully display the flag of any foreign enemy, or shall willfully by utterance, writing, printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of war, and whoever shall willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or the imprisonment for not more than twenty years, or both: Provided, That any employee or official of the United States Government who commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service..

Section 4
When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally mailed all letters or other matter so addressed, with the words “Mail to this address undeliverable under Espionage Act” plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.

Under these acts, a man was put on trial over his statements about not wanting to buy Liberty Bonds.  In addition to that, over 50 American newspapers had their mailing privileges stripped, and all German-language or German-American newspapers had their mailing privileges removed.

In addition to these 2 acts, Wilson also allowed the American Protective League to assist law enforcement agencies.  The APL was formed by Chicago businessman A.M. Briggs, under the permission of U.S. Attorney General Thomas Gregory.  The group was given government-issued badges and they officially “organized with the Approval and operating under the direction of the U.S. Department of Justice, Bureau of Investigation.”  The APL was a group of 250,000 people spread across 600 cities who helped crack down on those who were believed to be helping the Germans or opposing the U.S. government.  The group illegally detained U.S. citizens who were members of labor and pacifist movements.

Again, this is nothing close to what George Bush has done.  If Bush were following the epionage and sedition acts, CBS executives and Dan Rather would have been fined and put in jail for running  that false story about President Bush’s Air National Guard service.  Instead, Rather kept his job (for a while) without any criminal charges being filed.  Clearly Wilson was worse than Bush when it comes to civil liberties.

And that leads us to our last liberty looter:

Franklin Delano Roosevelt

Perhaps the most infamous (probably because it’s the most recent) violation of civil liberties was FDR’s Executive Order 9066, which was the executive order for the internment of Japanese Americans and Japanese nationals.  Here’s a copy of Executive Order 9066:

Executive Order No. 9066

The President

Executive Order

Authorizing the Secretary of War to Prescribe Military Areas

Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104);

Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.

I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.

I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.

This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.

Franklin D. Roosevelt

The White House,

February 19, 1942.

Under that order, somewhere around 120,000 people were held in internment camps after the attack on Pearl Harbor, 62% of which were American citizens.  Compare this to Bush, who has held around 800 people in Guantanamo.  And those people weren’t even American citizens!

The point that I’m trying to make in all of this is NOT that I justify Bush’s actions.  I think he has overstepped his Constitutional bounds, with the wiretapping and his signing statements.  But to say that he’s the WORST President for civil liberties is just insulting to American history.  I would be ashamed to be Romero’s American history teacher right now, because clearly, he has forgotten some very important parts.  Looking back 20 or so years from now, the history books will be kinder to Bush.  I don’t think he’s anywhere near perfect, but he’s certainly hasn’t violated civil liberties as much as the 4 Presidents that I’ve just listed.

Done Ranting,

Ranting Republican
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Illinois City Bans Trick-or-Treating for Teenagers

October 27, 2008

Well, this is about the most ridiculous thing I’ve heard in a while.  Belleville, Illinois passed an ordinance last Monday that restricted trick-or-treating.  That sounds normal, right, most cities limit the time that kids can trick-or-treat.  But the city isn’t just limiting when; they’re also limiting who can trick-or-treat.  And it also limits the wearing of masks, to only Halloween (unless you’re under 12).

Here’s an overview of the ordinance (unfortunately, Belleville is a little slow in uploading their meeting minutes, and all they have right now is a copy of the agenda, so this isn’t the exact wording of the ordinance):

  • Limits trick-or-treating on Halloween from 5:00 P.M. until 8:30 P.M.
  • Bans anyone in above the 8th grade (anybody older than 13 or 14) from trick-or-treating on Halloween, unless they are a “special-needs” child, and then they must be accompanied by a parent or guardian.
  • Allows children age 12 and under to wear a mask and/or disguise any day of the year, but restricts anyone above 12 to being able to wear a mask and/or disguise only on Halloween.
  • Prohibits any and all child sex offenders from going to any event and/or holding any event for Halloween where any child (other than his/her own) will be present. Child sex offenders must also turn out their outside lights on Halloween night, and they are banned from handing out candy.

OK, so bullet points 1 and 4 I have no problem with.  It’s 2 and 3 that I have an issue with.

But before I go on, let me give you some quotes that Mayor Mark Eckert told reporters:

We believe that Halloween is for little children.  We just feel that we need to go that extra mile to protect the children.

We were hearing more and more about bigger kids knocking on doors after 9:00 at night and the people who lived in the homes were scared.  The seniors were especially scared.  They didn’t want to be the recipient of some kind of trick, but they didn’t want to open their doors late at night, either.

Sexual predators can’t have parties.  It’s not right, it’s wrong.  They lost that privilege.

OK, so I get the principle behind this, but here’s where you have a problem: Those teenagers out after 9:00 P.M. would be out past the overall curfew anyway, so they’d already be breaking the law.  What is the need for another law here?  If they’re out past 8:30, they can be arrested (I’m assuming that’s the punishment).  So that right there would solve your teenagers out late problem.  Banning trick-or-treating for anybody above the 8thgrade is simply ageism.  You cannot discriminate against somebody like this.  I’ll accept a curfew (although I have problems with those at times too), but to ban outright the practice of trick-or-treating for ANYBODY (other than felons who lose some rights when they’re convicted) is discrimination, and in my view, illegal!

Now, the mask/disguise ordinance.  You’re telling me that a 16-year-old kid can’t wear a mask outside at a Halloween party the night before Halloween (Devil’s Night if you live here in Detroit)?  Or what if a Star Trek convention comes to Belleville?  Are you telling me that masks aren’t allowed?  It’s ridiculous!  Unfortunately, without the ordinance I don’t have the city’s legal definition of “disguise” but would this apply to people dressed up as Santa Clause?  Are you going to haul away the Salvation Army Santa for being in a “disguise” on a day other than Halloween?  It’s dumb.  It restricts the Freedom of Speech (this isn’t a dress code in school we’re talking about here – this is just being out in PUBLIC generally!)!  It’s asinine, ridiculous, and it’s unconstitutional.

I hope somebody old goes out and trick-or treats, or wears a mask the day after Halloween so that this can be taken to court and overturned.  I’m a Law and Order Conservative – I abide by the laws.  I don’t speed.  I don’t drink underage.  I’ve never stolen a candy bar.  But when the law goes against Constitutional principles, it MUST be disobeyed so that it can be challenged in court, and this is one time where I say, “Break that law!”

Done Ranting

Ranting Republican
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Federal Judge Orders Ohio Secretary of State to Purge Voter Rolls

October 10, 2008

Today, U.S. District Judge George C. Smith ruled in a suit filed by the Ohio Republican Party filed in September.  He ruled that Ohio Secretary of State Jennifer Brunner (Dem) must adhere to the Help America Vote Act by matching newly registered voters’ information against the Ohio Bureau of Motor Vehicles and/or Social Security Administration databases.  She must alo tell the Board of Elections which voters’s registration info doesn’t match the databases.  Brunner was also ordered to establish a process by which county election boards could do the sameSmith wrote in his ruling (unfortunately I can’t get the whole thing), “Plaintiffs assert, and the court agrees, that it is hard to imagine a public interest more compelling than safeguarding the legitimacy of the election of the president of the United States.”

Ohio Republican Party Deputy Chairman Kevin DeWine told reporters, “For some reason, Jennifer Brunner does not want these new registrations checked.  Her refusal to comply with federal law raises serious concerns about her ability to objectively oversee this election.”

Meanwhile, Brunner is appealing the ruling (the appeal was filed by Ohio Attorney General Nancy Rogers (Dem) on Brunner’s behalf), saying that this ruling will inhibit voters from casting absentee ballots at the Board of Elections, since parties could get lists of voters who don’t match up with the databases and challenge the validity of those votes.  Brunner told reporters, “My office will do everything within its power to ensure that the state’s 88 county boards of elections can continue to allow early voting to proceed and to assist them with their preparation to ensure a smooth election for the voters of Ohio.”

With all of the stuff that’s going on with ACORN, I say that this is a great ruling.  I want everybody to be able to vote, but people should only be voting once (that’s not what the NAACP will say about voters in Detroit – they want all African Americans to be able to vote, even the dead ones!).  There’s no reason that this should keep any LEGAL voters from voting.  It’s a good ruling, and I hope it’s upheld by the next court.  Unfortunately, the deadline to challenge absentee ballots is coming up soon, so there fraudulent votes may make it through, and that’s a shame.

Done Ranting,

Ranting Republican
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Connecticut Supreme Court Overturns Gay Marriage Ban

October 10, 2008

The Connecticut Supreme Court has just ruled in a lawsuit, filed by 8 gay couples back in 2004, on gay marriage.  The Court has overturned the state’s ban on gay marriage, making Connecticut the third state to allow gay marriage (Massachusetts and California being the other 2).  I’ll have an overview of the Court’s opinion once it’s out later.

Done Reporting,

Ranting Republican
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Live: Detroit Mayor Kwame Kilpatrick Pleading Guilty to Charges, Expected to Resign

September 4, 2008

This is happening live.  Kwame Kilpatrick is about to plead guilty, and he’s expected to resign as Mayor of Detroit.

The judge (supposed to be Judge David Groner, but I never saw anything that said anything today confirming that’s who the judge was) is now informing him of what right’s he is giving up (trial by jury, being assumed innocent until proven guilty, being able to testify, being able to cross examine witnesses, appeal this case).

He has  just said that he will waive those rights and plead guilty.

He has just said that he is pleased with the job his lawyers have done.

He has just said that he is ready to plead guilty today, saying, “I’m here,” implying that he wants this done as soon as possible.

They’re now showing the courtroom around him and wow, there are a LOT of people there.

Kwame Kilpatrick has just reentered.  The court is now officially in session.

Judge: “Mr. Kilpatrick, on the dates of October 11,  2004, at a civil deposition in the City of Detroit … and on August 29th … in the Wayne County Circuit Court, did you do something wrong that causes you to plead guilty today.”

Kilpatrick: “Yes, I lied under oath … regarding information that was relevant to claims made by [the police officers]. … I lied under oath … for the lawsuit.”

“The Court is satisfied and will accept the plea for the 2 counts of obstruction of justice.”

The Judge is now setting a sentencing date of October 28 at 2:00 P.M.  The judge has now gone on to another case for Kilpatrick.

Kilpatrick is to plead no contest to charge 1 and charge 2 will be dismissed (I’m not sure what charges these  are for now), and he is to tender a letter of resignation no later than September 18, surrender his law license, as well as 120 (I think that’s what he said) days in jail.

The judge is saying the charges are: public officer assaulting/obstruction.  So this was the case where he shoved the cop off the porch.  He’s pleading no contest to charge 1.  He will be convicted of this charge, and at the sentencing hearing, the 2nd charge will be dropped.

The judge is now making sure that Kilpatrick understands the rights that he’s giving up, just like he did with the perjury charges.

The prosecutor now gave the factual basis for the case, and the judge accepted the plea.

The sentencing date for that will be the same as for the perjury charges.

The judge is commending all lawyers on both sides of the case, including Prosecutor Kym Worthy, saying that he’s glad we could settle this today.

And they’re done.  Kilpatrick is now  hugging somebody – I think it’s his wife, but it might be his sister.  Kilpatrick is now leaving the court room.  Kilpatrick has  left the court room.

Well, that’s honestly something I didn’t expect I would see.  I figured it’d go to trial.  I’m glad to see that Kwame finally gave in.  They were saying something about pleading “No contest” and the possibility of a civil suit, so we’ll see what happens.

I’ll keep you updated if anything else develops.

Done Reporting,

Ranting Republican
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Detroit Mayor Kwame Kilpatrick’s Guilty Plea Postponed Until Tomorrow Morning

September 3, 2008

This is developing news coming out of Detroit right now.  Detroit Mayor Kwame Kilpatrick had been expected to plead guilty to charges in the original text message scandal case at 5:15 P.M. EDT today before Judge Edward Ewell Jr., the presiding judge of the Criminal Division of Wayne County Circuit Court.  Apparently the details of the plea deal hadn’t been completely ironed out by 5:15, so the decision was made to postpone the court appearance until 9:00 A.M. tomorrow, where he’ll appear in front of Judge David Groner.

At this point in time, I have to say that this has not been confirmed.  All that we know for sure is that Kilpatrick will be in court tomorrow morning.  One of Kilpatrick’s defense lawyers, Joseph Niskar, told reporters, “I can tell you it’s a not a bond motion.  We’ll see.”  He specifically did not answer the question of whether or not Kilpatrick will be taking a guilty plea.

After reporters headed over to the Wayne County court due to rumors that a plea deal was to be made around 5:00, Maria Miler, a spokeswoman for Wayne County Prosecutor Kym Worthy told reporters, “We believed a plea was imminent. … We believe it may take place [Thursday].”

Kilpatrick’s attorney, James Thomas, told reporters, “It is apparent that they are close” to a plea deal.  Thomas had been at forfeiture hearings that Governor Jennifer Granholm had been holding today to possibly remove Kilpatrick from office.

Now, I fail to see why a guilty plea is even being offered here.  It’s CLEAR that he perjured before.  I see no reason that we should let him off easy.  I say take it to court and if he pleads guilty, then he pleads guilty, but I wouldn’t be offering a plea bargain here.  I think there’s enough evidence to avoid this.  Of course, I don’t know ALL of the facts, but just from what’s been released, I don’t think any jury could find REASONABLE doubt to not find him guilty.  Then again, weirder things have happened in Detroit.

I’ll keep you updated as anything more develops (and if I get time, I’ll try to get some transcripts from today’s hearing by Governor Granholm).

Done Reporting,

Ranting Republican
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Fire Marshal Handcuffs Woman for Swearing

August 21, 2008

Alright, so I heard about this on the radio earlier this week, but I’ve been so busy getting ready for college and other stuff that I just haven’t had time to post this.

So, here’s what happened:

On August 4th, in La Marque, Texas, 28-year-old Kathryn “Kristi” Fridge went with her mother to the local Walmart (FM 1764 and Interstate 45) with her mother and 2-year-old daugter to get supplies in preparation for impending Tropical Storm Eduardo.

She went over to buy batteries, but there were none left.  Fridge told reporters, “I was like, ‘Dang.’  I looked at my mom and said, ‘They’re all f***ing gone.’”

Captain Alfred Decker, the La Marque assistant fire marshal (certified by the state of Texas as firefighter, peace officer, fire investigator and fire inspector) came up to her in uniform, and told her, “You need to watch your mouth” (quote from Fridge).

Fridge told reporters, “I was like, ‘Oh, OK.  Sorry?’”

Decker ordered Fridge to follow him to his car, because that was where his citation book was, but she protested.  She eventually listened, but as he led her to his car, she yelled to some on-lookers, “Can you believe this?  He’s f***ing arresting me for saying ‘f***’!”

She later told reporters, “When I got outside, I saw he was a fire marshal — I saw his car.  I said, ‘You’re not even a cop!’  He said,  ‘I can do this.’”

Decker then asked for her name, and she spelled it out both verbally and in sign language (according to her – Decker hasn’t commented because there’s a pending court case).  She said that this angered him and he handcuffed her.

But La Marque Fire Chief Todd Zacherl said that because Fridge made a scene, Decker was forced to act.  He told reporters, “She cussed him, she cussed everybody. By now, we have a huge group of people looking.”  Fridge denies this saying that she never cursed at Decker.  Her mother (Kathryn Rice, from Santa Fe) backed up her story, saying, “She never got nasty with him; she never cussed at him.”

Zacherl went on to say that Decker handcuffed her for his own safety, because Fridge was being belligerent and Decker had to turn his back to get his citation book and run her name to see if she had any warrants.

Fridge was then ticketed for disorderly conduct (a Class C misdemeanor) and then released.

On August 7th, Fridge went to the La Marque Fire Department to speak with Zacherl, and she took forms to file an official complaint, but as of last week had not filed the papers yet.

She told reporters, “I’m not out to sue or get money—I just want them to drop this ticket.  Yes, I probably shouldn’t have cussed in public, but he took it way too far.”

Zacherl disagreed, saying, “When you’re in uniform, you have to uphold the laws.  It’s like if he was on the way home and saw a drunk driver—he had to act.”

Personally, I think the fire marshal was perfectly in the right here.  He handcuffed her for his own safety.  He didn’t arrest her, he detained her.  This is a common practice that police officers use to ensure their safety.  It was HER who caused the scene, not him.  It was either handcuff her or call for back-up (which would mean calling the police department, since it’s not the fire marshal’s job to back somebody up like that).

As for the legality of the ticket, it’s perfectly within Texas law.  You can’t go around swearing.  The public as a whole has decided that they do not want profanity allowed in public (they did this by electing the officials who put that law into practice, and have not disagreed with that law by passing a citizen sponsored initiative to overturn it).

This was done in a public place where there are children who don’t need to be subjected to profanity.  I know little 3-year-olds who go around using the f-word because their parents just curse whenever they want to.

This isn’t a violation of free speech.  I can’t go up to a little 4-year-old and say, “Hey you little f****er!” so saying it within hearing distance of anybody else violates that principle of “breach[ing] the peace”.

On the radio show that I heard the story on, there was a caller who said she should file assault charges, since he touched her without her consent.  He is a certified officer, and has an obligation to uphold the law.  While upholding the law, he is exempt to some degree from assault charges.  He didn’t abuse her, he handcuffed her.  Criminals can’t sue cops for touching them as they are handcuffed, and this case is NO different.

The fact that there was an outcry because of this (although most reaction was in the fireman’s favor) shocks me.  Where is our sense of law and order?  There’s a difference between civil liberties and anarchy, but the two are beginning to become confused in the minds of many Americans.

Done Ranting,

Ranting Republican
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