Showing posts with label USA PATRIOT ACT. Show all posts
Showing posts with label USA PATRIOT ACT. Show all posts

Tuesday, May 5, 2009

USA Using Patriot Act Against Its Own Citizens: Teen "Black Bagged" in Middle of the Night

Below is a disturbing video interview of a North Carolina woman who's 16 year old son, a home schooler in the 10th grade, was grabbed up in the middle of the night at gun-point by a dozen FBI agents (assisted by the state Highway Patrol), accused of being a terrorist, under the USA PATRIOT Act, and whisked away to Indiana where he is being held:



Here is an article on this case:

Sixteen-year-old Ashton Lundeby's bedroom in his mother's Granville County home is nothing, if not patriotic. Images of American flags are everywhere – on the bed, on the floor, on the wall.

But according to the United States government, the tenth-grade home-schooler is being held on a criminal complaint that he made a bomb threat from his home on the night of Feb. 15.



The family was at a church function that night, his mother, Annette Lundeby, said.

"Undoubtedly, they were given false information, or they would not have had 12 agents in my house with a widow and two children and three cats," Lundeby said.

Around 10 p.m. on March 5, Lundeby said, armed FBI agents along with three local law enforcement officers stormed her home looking for her son. They handcuffed him and presented her with a search warrant.

"I was terrified," Lundeby's mother said. "There were guns, and I don't allow guns around my children. I don't believe in guns."

Lundeby told the officers that someone had hacked into her son's IP address and was using it to make crank calls connected through the Internet, making it look like the calls had originated from her home when they did not.

Her argument was ignored, she said. Agents seized a computer, a cell phone, gaming console, routers, bank statements and school records, according to federal search warrants.

"There were no bomb-making materials, not even a blasting cap, not even a wire," Lundeby said.

Ashton now sits in a juvenile facility in South Bend, Ind. His mother has had little access to him since his arrest. She has gone to her state representatives as well as attorneys, seeking assistance, but, she said, there is nothing she can do.

Lundeby said the USA Patriot Act stripped her son of his due process rights.

"We have no rights under the Patriot Act to even defend them, because the Patriot Act basically supersedes the Constitution," she said. "It wasn't intended to drag your barely 16-year-old, 120-pound son out in the middle of the night on a charge that we can't even defend."

Passed after the Sept. 11, 2001, terrorist attacks on the U.S., the Patriot Act allows federal agents to investigate suspected cases of terrorism swiftly to better protect the country. In part, it gives the federal government more latitude to search telephone records, e-mails and other records.

"They're saying that 'We feel this individual is a terrorist or an enemy combatant against the United States, and we're going to suspend all of those due process rights because this person is an enemy of the United States," said Dan Boyce, a defense attorney and former U.S. attorney not connected to the Lundeby case.

Critics of the statute say it threatens the most basic of liberties.

"There's nothing a matter of public record," Boyce said "All those normal rights are just suspended in the air."

Read the rest here.

FURTHER COMMENTS BY STEWART RHODES: When people are afraid, they tend to support the erosion of due process in the name of having more security, but they wind up being far, far less secure. Surely all the scared people who supported the USA PATRIOT Act did not expect it to be used to black bag American teenagers, but that is just an example of the unintended consequences that comes from doing away with normal due process.

As the boy's mother says, "Never in my worst nightmare did I ever think that it would be my own government that I would have to protect my children from," Lundeby said. "This is the United States, and I feel like I live in a third world country now."

Her message to you: they can come and take anyone in your family, even your children, at any time, even if they are innocent. That sounds like something out of a book about Nazi Germany or the USSR under Stalin, not something you expect an American mother to say about this nation.

The war on terrorism is increasingly being turned inward, on us. This is only the beginning. Expect it to get far, far worse before we finally get this nation back to liberty under the Constitution. - Stewart Rhodes

NOTE: in anticipation of the trolls who will ask "where were you when Bush was violating the Constitution for eight years" here is my answer:

Government Supremacists: Neocons, the National Security New Dealers by Stewart Rhodes

I wrote that article in 2006. It is just one of many I wrote during the Bush years criticizing the dangerous expansion of government power in the name of fighting terrorism.

Sunday, March 29, 2009

A Soldier's Oath

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

This is the Soldiers Oath I voluntarily took back in May of 1981. The day I took this pledge was a defining moment of my life. I still get emotional just reading it. You see, I knew full well (or thought I did) the implications of the Oath and the responsibilities that I was assuming. I was taking my place in that long line of idealistic young men and women, Patriots, who would, if necessary, give their lives in the defense of this great Nation. This was heady stuff, truly an honor that I might be counted worthy to follow in the combat boots of so many great men (and women) who came before me. The original Military Oath was one of the first acts passed by our first Congress, and approved on September 29, 1789 (Sec. 3, Ch. 25, 1st Congress).

The Oath has three parts to it:
1.) I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic - I will defend the U.S. Constitution against ALL enemies.
2.) that I will bear true faith and allegiance to the same - I pledge my complete loyalty to the U.S. Constitution.
3.) and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God. - I will obey the orders of the Commander in Chief, and all Officers superior to me, according to Military law (The U.C.M.J. is subordinate to the Constitution and applies only to members of the Armed Forces).

Back in those days I still believed in my Government, and equated Country with Government, assuming that what was good for one, had to be good for the other. After all, "We The People" are the Government. Right? As President Lincoln said: "Democracy is the government of the people, by the people, for the people." I understood what a foreign enemy was: Communist China, Cuba, the Soviet Union and its Eastern block. I further understood a domestic enemy to be traitorous U.S. citizens or permanent residents, who would advocate/attempt violent overthrow of the U.S. Government and subversion of the U.S. Constitution: The Anarchist Movement, The American Communist Worker's Party, etc.

I gave my word, on my honor, to the American people, that I will stand up for the U.S. Constitution against ALL enemies, even if those enemies are members of the U.S. Government. The Government? No, members of the Government. The criminal entities that work to subvert our Constitution in every branch of Government. I still hold dearly to the belief that we are a "Government of the People, by the People, for the People," but a Government in exile. For example: When the Executive Branch proposes (through one of their vassals ie. Senators Leahy, Daschle, and Graham, or Representatives Sensenbrenner and Oxley) a self-serving and BLATANTLY Unconstitutional bill (the USA PATRIOT Act or the Military Commissions Act), citing the spurious excuse that it is vital to the
defense of America*, the Legislative Branch passes the bill (through their own ignorance?**), and after the Chief Executive signs the bill into law, the Judicial Branch sanctions the law (through their deafening silence), you have a criminal conspiracy to subvert the Constitution. I suppose the R.I.C.O. Act only applies to those citizens outside of the Government "Good Old Boys Club".

Conspiracy? There's a word that no rational thinking person of average intelligence would, or could, ever believe has a place in the American lexicon of the English language, especially when it's used in reference to our Government. That is unless the criminal Politicians want you to believe something was a conspiracy. The subversives define what is legal (to suit their needs), rather than abide by the Constitution, and they serve themselves rather than serve the People. Should private citizens have the nerve to even suggest there might exist a coordinated effort in some "smoke filled room" (Oval Office anyone?) to deny us our rights and increase the power of a fascist despot, they would be labeled "Loons".

Our Congress can pass any bill it chooses and the President can sign it into law, but it must be congruent with the Law of the Land. The same scenario could be applied to allowing the President to stay in office after his term expires. Congress could pass a law, for arguments sake let's call it: The National Emergency Continuity of Executive Leadership Act, citing a national crisis as the excuse, allowing the Chief Executive to suspend elections (sound familiar?). Why not? Sounds like a good idea, continuity of leadership during a crisis for the sake of
security* and safety* of our citizenry. It violates the the Constitution and the XXII Amendment, that's why! We have a procedure for altering the Constitution, it's called an Amendment. No need to worry though, a pesky little annoyance like the U.S. Constitution (including Amendments) haven't stopped "Georgie the Younger", "Dead-eye Dick", or the Automatons in Congress from stealing/selling out our rights on a daily basis.

After much agonizing over the state of our Republic, and many hours of soul searching as to what I can do and what are my responsibilities as an American Citizen, I realized that my oath had no expiration date on it, and is a binding contract that will last as long as I live. When I left the Military, the provisions of part three of the Oath no longer applied to me, but the other two are still in effect. Civilian citizens are not bound to obey the orders of the President of the United States, but are required to obey the laws of the United States (the Constitutional laws of the United States). Read the Oath of Citizenship, taken by all Naturalized American Citizens: "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. In acknowledgement whereof I have hereunto affixed my signature." Nowhere does it mention "obeying the orders of the President of the United States."

My New Years Resolution:
I have decided to reaffirm the vows in parts 1 and 2 of the oath I took back in 1981, and replace part 3 with: and that I will work to expose the criminal subversive elements within our Government, and do everything possible, within the limits of The United States Constitution, to bring them to Justice on the charge of Treason; and I will take every opportunity possible to educate myself and the Citizens of our great Republic as to our rights and responsibilities as Citizens, as long as I shall live, so help me God.

*Does this sound familiar?

Reichstag Fire Decree of 1933
Order of the Reich President for the
Protection of People and State

On the basis of Article 48 paragraph 2 of the Constitution of the German Reich, the following is ordered in
defense against Communist state-endangering acts of violence: § 1. Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Reich are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom [habeas corpus], freedom of opinion, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and telephonic communications, and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

**Congress was pressured into voting for the USA PATRIOT ACT before reading the Bill! (Read Faux News editorial) It"s noteworthy to point out that in no court of any State or Federal jurisdiction is ignorance of the law an excuse for violating it (at least not for us private citizens). Members of Congress, you are convicted by your own words! It would appear that our Congressional representatives (most of whom are members of the Bar Association) spent as much time reading the U.S. Constitution as they did the USA PATRIOT ACT. I'll give "Georgie the Younger" a pass on this one in light of the fact that the U.S. Constitution contains no pictures:
"One of the great things about books is sometimes there are some fantastic pictures." -George W. Bush

Informational Links:
The Constitution, Declaration of Independence, and the Federalist Papers. READ THEM......You'll be better informed than George Bush and most of the Congress.

Judge Andrew Nopalitano's presentation at the FFF, discusses our loss of freedoms: Part 1 of 4
Part 2 of 4 Part 3 of 4 Part 4 of 4
Thanks for taking the time to read my rants.
Keeping an eye out for you.....................Medici