Topic: Police State and Civil Liberty Violations
We the People versus the Might of the US Government What do the experiences of SAS trooper Ben Griffin, Hope Steffey, and Jose Padilla all have in common? They show the Might of Government is overwhelming Right. We the People want Justice!by Jake Towne, the Champion of the Constitution
(libertarian)
Sunday, March 2, 2008
A foundation of our Republic is the rule of Law. That Law specifies that Might does not make Right. That the Government is Mightier than any Individual should not matter; the Individual should not be crushed under the onslaught of Her or His Government. The Law treats Government the same as an Individual, in a court of Justice with Trial by Jury. Last time I checked the United States Constitution was officially still the Supreme Law of my country.
"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury." - Article III, Section 2, Clause 3.
"I pledge allegiance to my Flag, and to the Republic for which it stands; one Nation indivisible, With Liberty and Justice for all." – Pledge of Allegiance, 1892
Former SAS Trooper Ben Griffin refused to continue fighting for the United Kingdom in Iraq in 2006 after observing arrests, interrogations, imprisonment, and "most probably" torture by US Armed Forces against Iraqi civilians. He stated"I did not join the British Army to conduct American foreign policy."1 Last week, he issued a statement charging the joint US/UK task force he served with has "broken International Law, contravened The Geneva Conventions and disregarded the UN Convention Against Torture." He refers to acts of rendering individuals detained by British forces to locations such as Guantanamo Bay Detention Camp, Bagram Theatre Internment Facility, Balad Special Forces Base, Camp Nama BIAP and Abu Ghraib Prison where they would knowingly be tortured with partial drowning or electric cattle prods.2 Following his February 29th speech at the London World Against War rally, he was served with an injunction from the UK government limiting his ability to publicly speak about or publish material gained while he was employed as a Trooper. 3
The Iraq War is unconstitutional since Congress never Declared War. The torture Mr. Griffin alleges our Armed Forces committed are not acts of war, they are criminal acts. It is the responsibility of the Legislative Branch to: "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." – Article 1, Section 8, Clauses 10-11
In Canton, Ohio, police were summoned to protect Mrs. Hope Steffey from domestic violence. She mistakenly gave the wrong ID, and the police apparently proceeded as if she were the criminal, not the Sovereign US Citizen who summoned her local police force to her aid. She was taken to a prison cell, forcibly stripped of all her clothes and forcibly cavity-searched against her will by male and female deputies.4 Hope Steffey’s recent story and disturbing video as aired by WKYC Channel 3.5 If validated, this is in clear violation of the Constitution of the United States as per the below:
"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." – 4th Amendment
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence." – Article 4, Section 4
(An aside here notes Ohio is soon-to-be site of presidential primaries, and as I write no mention of this alleged travesty was found in MainStreamMedia. Loss of liberty does not appear to be newsworthy.)
Jose Padilla, a Sovereign US Citizen just like most of you, the readers, was designated an "Enemy Combatant" by then-Attorney General John Ashcroft and President George Bush in June 2002. In the government’s statement, Mr. Padilla was alleged to be planning to detonate a radioactive "dirty bomb" in a US city.6 Now as an "Enemy Combatant," Jose Padilla then began 43 months of near solitary confinement in a South Carolina prison and did not see a lawyer for 2 years. Amazingly, his conviction in August 2007 had nothing to do with the "dirty bomb" plot; in fact, the government did not even try him for this accusation.7 Dr. Hegarty, the psychiatrist who was permitted to speak with him, said that during the civil proceedings Jose Padilla commented the trial was "unfair to the commander-in-chief" and that when he met his mother, he wanted her to contact President Bush to help him out of his dilemma. He said that the government would help him, if he was "good." Dr. Hegarty then went on to discuss how his sensitivity to time was taken away, his lack of a mattress to sleep on, long periods of time shackled in his cell, slapping, exposure to heat/cold, and his terror at being taken to some place he called the "cage." In her opinion, he was mentally unfit for trial.8 The violation of Mr. Padilla’s liberty is astounding; the Constitution was tailor-written to provide an Individual like himself protection from the Might of Government. This is exactly why these liberties are so dear; no one could possibly need the Right to Trial by Jury more sorely than Mr. Padilla did during his years of solitude.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." – 5th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." – 6th Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." – 8th Amendment
The Government of the United States of America has sought to combat terrorism using powers not afforded to it by the Constitution, but in so doing it is becoming the very evil it was seeking to prevent. There is no Justice in our past, present, and future treatment of Iraqi and Afghani civilians, the prisoners of Guantanamo Bay, Abu Ghraib, and all other secret prisons. This is further evidenced by the improper search of Mrs. Steffey by her local police force. This is further evidenced by the torture of Mr. Padilla and his loss of Right to Trial by Jury on the "dirty bomb" charge.
I have called for, and will continue to call for, immediate withdrawal of all United States Armed Forces from Iraq with my representatives in the Legislative Branch. We owe the citizens of Iraq a sincere apology as so many have lost their chances at the principles of life, liberty, and happiness that We the People hold so dear. This is the first key step that We the People can take towards restoring our civil liberties.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings in part or full of this article to your blog or anywhere else in order to promote the Restoration of our Republic.
The views expressed in this
article are those of Jake Towne, the Champion of the Constitution only and do not represent
the views of Nolan Chart, LLC or its affiliates. Jake Towne, the Champion of the Constitution is
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Posted By: Ivan from Oregon
Date: 2008-03-02 17:46:16
Jake, you're onto something that I've started writing about. I've always thought that the weakest part of our Constitution was Article 3 - maybe our founding fathers were tired by then. The Constitution says that we have a right to a trial by jury, but only defines the top tribunal, not the lower courts. I guess they presumed they would model themselves after the top one.
Any more these days, in the lower courts, your "strawman" gives jurisdiction to the admiralty tribunal presided over by a black-robed "justice" under a gold-fringed flag. These courts have all but eliminated "jury nullification" in which a jury of your peers has the right to judge not only your guilt or innocense, but also of the validity of the law governing this case. These days what we hear from the "judge" to the jury is,""I'll tell you what the law is and you judge whether it was violated or not". Thus you get decisions based on, "did he fail to file or not" instead of, "does the law compel him to file, or should it?"
Posted By: patrick henry
Date: 2008-03-03 12:16:36
Thanks Jake, always great to have another read at that wonderful document. I just wish, like you, more people would read it and question our current state of affairs.
Ivan,
Jury nullification can still exist if Jurors know about it. This is the third check and balance given to us the people to control the leg and the jud. I agree about the flag of the admiralty, didnt we fight a war based of British admiralty law being enforced inland on then British citizens?
Great article Jake. With regard to the Padilla case some folks will say; "why should we worry about Padilla? He's an ex-gang member with a criminal record." The reason we should worry is that he is an American citizen and the same constitution that protects him also protects you, me and every other America. If government can take his rights away then they can take yours or mine or anyone's.
BTW in addition to the other rights violations you mentioned they also deprived him of habeas corpus. That's an ancient right that dates back at least far as the Magna Carta in 1215.
This is the BCI report that Agent Christy S. Palmer sent to John D. Ferrero, Prosecuting Attorney Stark County Ohio. Dated April 16, 2008 BCI Case #: SI-76-08-14-0147
Sheriff Swanson has ALWAYS maintained that Steffey was ASKED & REFUSED to remove her cloths.
But here’s the BCI’s OWN REPORT that PROVES this is a LIE!
And then they try to explain away their first lie with another lie, about why it was done this way without asking Steffey to do it voluntarily.
They are trying to say that Steffey was resisting enough that EIGHT people (5 women, 3 men) couldn't take the chance of ASKING her to remove her cloths, or EVEN TELL HER WHAT WAS GOING ON!!!
What a crock!!
I did NOT see any resisting in the video, I saw eight cops parading her to the cell, with her in cuffs.
In fact EVERY video I have seen she is in cuffs! And the ONLY times I have seen her react to the cops is after they have assaulted her or in the process of stripping her naked.
But apparently catching the sheriff's dept in a lie isn't a big deal to our "independent" BCI investigator, Christy Palmer, who seems ready to accept ANY excuse the sheriff's dept wants to use.
The report also goes on to say that they lowered Steffey in a slow controlled manner to the floor. Except that Steffey says she was thrown to the floor. She also told her husband in a phone call that she thought the cops had broken her nose. And she was treated by the nurse for the injury. And in page 4 of this report Christy Palmer even states that Steffey reported that her nose was making "crunching noises".
So I guess this is proof of a second LIE! (Or third)
And still Christy Palmer, the "independent investigator" doesn’t think twice about accepting the word of the cops over the VICTIMS in spite of proof. BTW, Christy also references a video that she says “proves that she was lowered in a slow controlled manner to the floor”. As far as I know, THIS would have to be on the 'non-existent' beginning of the strip video. On May 5th when I asked about the "missing" video, I was told it would soon be released. Now here again it looks as though it’s referenced...even though they NOW claim it does not exist. Interesting. (I have filed a request for this video.)
This isn’t so much an investigation report as it is a smear campaign against Hope Steffey.
The cops can polish this turd as much as want, this STILL STINKS!
BTW I don't know why they bothered to black out the names of Nurse Coren Lennon and the jail psychologist Thomas Anuszkiewicz, aren't they PROUD of the work they do?
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Former SAS Trooper Ben Griffin refused to continue fighting for the United Kingdom in Iraq in 2006 after observing arrests, interrogations, imprisonment, and "most probably" torture by US Armed Forces against Iraqi civilians. He stated "I did not join the British Army to conduct American foreign policy."1 Last week, he issued a statement charging the joint US/UK task force he served with has "broken International Law, contravened The Geneva Conventions and disregarded the UN Convention Against Torture." He refers to acts of rendering individuals detained by British forces to locations such as Guantanamo Bay Detention Camp, Bagram Theatre Internment Facility, Balad Special Forces Base, Camp Nama BIAP and Abu Ghraib Prison where they would knowingly be tortured with partial drowning or electric cattle prods.2 Following his February 29th speech at the London World Against War rally, he was served with an injunction from the UK government limiting his ability to publicly speak about or publish material gained while he was employed as a Trooper. 3