Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: Fourth Amendment

Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case

This article appeared online at TheNewAmerican.com on Wednesday, November 1, 2017:

Alex Wubbels, the Utah nurse who was violently arrested after trying to protect her patient’s Fourth Amendment rights last July, received a $500,000 settlement on Tuesday from Salt Lake City and the University of Utah which owns and operates the hospital. She waived any plans to sue, saying: “We all deserve to know the truth and the truth comes when you see the actual raw footage [from the officer’s body camera] and that’s what happened in my case. No matter how truthful I was in telling my story, it was nothing compared to what people [actually] saw and the visceral reaction people experienced when watching the footage of the experience that I went through.”

She is donating part of the settlement to

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Two Fourth Amendment Cases Prove the Constitution Still Works

English: The Bill of Rights, the first ten ame...

This article appeared online at TheNewAmerican.com on Friday, September 8, 2017:  

A nurse in Utah and a couple in Texas stood up for their rights as guaranteed to them in the Bill of Rights. The Utah nurse hasn’t filed suit, but the Texas couple did, and in both cases law-enforcement officials have been exposed and shamed for their illegal conduct. Both cases were aided with the help of videos taken of the incidents.

The first has caught national attention and has stirred national outrage. On July 26 Alex Wubbels was on duty as head nurse of the University of Utah Hospital’s burn unit when a truck driver was wheeled in suffering from severe burns. He had been hit by a driver fleeing police and was comatose when he arrived in the ER.

Salt Lake City police detective Jeff Payne arrived at the hospital with instructions to obtain a blood sample from the comatose driver to test for elicit substances and ran into nurse Wubbels who knew the hospital’s rules: There would be no blood drawn unless

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Trump’s Pardon of Sheriff Joe Arpaio Sends a Message: There’s a New Sheriff in Town

This article was published by The McAlvany Intelligence Advisor on Monday, August 28, 2017:

English: cropped from File:Maricopa County She...

Former Maricopa County Sheriff Joe Arpaio

There’s little doubt that sheriffs in counties on or near the country’s southern border have been watching, and waiting, for a signal from the Trump administration about its views on enforcing immigration laws. Those would especially include those who consider themselves “constitutional” sheriffs.

That signal arrived late Friday with President Trump’s pardon of Maricopa County Arizona’s Sheriff Joe Arpaio. Before Friday, all those sheriffs had to go on was hope – hope that they wouldn’t be targeted for enforcing the law the way Arpaio was. Now they can rest easier knowing they have a friend in the White House and not an enemy. And the net effect will be stronger enforcement of the country’s immigration laws.

For Arpaio it was a long-awaited victory over the Obama administration. For the citizens of the United States it is also a victory over illegals committing crimes without consequences.

Said Trump:

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Trump’s Pardon of Sheriff Joe Arpaio Sends a Strong Message

This article appeared online at TheNewAmerican.com on Saturday, August 26, 2017:

speaking in Phoenix, Arizona on February 26, 2011.

President Trump pardoned former Maricopa County (Arizona) sheriff Joe Arpaio (shown), the White House announced Friday evening: “Throughout his time as Sheriff, Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration,″ the statement said. “Sheriff Joe Arpaio is now eighty-five years old, and after more than fifty years of admirable service to our Nation, he is worthy candidate for a Presidential pardon.”

For his part, the veteran sheriff was grateful but called his conviction the result of unceasing efforts by the Obama administration to silence him. In one tweet, Arpaio said:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

And in another:

I am humbled and incredibly grateful to President Trump. I look fwd to putting this chapter behind me and helping to #MAGA

Arizona Senator John McCain was ambivalent about the presidential pardon:

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Chicago Mayor Emanuel Files Suit to Block Federal Withholding of Grant Funds

This article appeared online at TheNewAmerican.com on Monday, August 7, 2017:

Chicago Mayor Rahm Emanuel (shown) announced over the weekend that he would be filing a motion to stop the federal government from withholding grant funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Municipalities such as Chicago receive this funding to help them fight crime. Lord knows, crime is rampant in Chicago. But federal funding, which Chicago has been receiving all along, does not necessarily mean less crime. It does mean, however, that the federal government, as the provider of the funding, may use the funding as leverage to get the recipients to do what the feds want them to do — in this case, upholding federal immigration laws.

After all, isn’t this simply a case of (to quote an old adage):

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Pew Research: Americans Getting More Comfortable With Firearm Ownership

This article appeared online at TheNewAmerican.com on Friday, June 23, 2017:  

Pew Research Center’s latest in-depth report on what it calls “America’s Complex Relationship with Guns” is revelatory. According to the report, released on Thursday, Americans are becoming more and more comfortable with guns and gun ownership, and less and less enchanted with more gun laws to fight perceived gun violence.

When 3,390 U.S adults were polled in March and April, they were asked whether it was more important to protect gun rights or to control gun ownership. In the year 2000, two-thirds of those polled then favored more gun control. Today, that has dropped to less than half,

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Connecticut Bill Would Allow Police to Arm Drones

This article appeared online at TheNewAmerican.com on Friday, March 31, 2017: 

Armed Predator drone firing Hellfire missile

Armed Predator drone firing Hellfire missile

The Connecticut State Senate overwhelmingly approved a bill on Wednesday that would allow local police to weaponize drones. The vote by the Judiciary Committee was 34-7 and the bill’s threats to privacy were downplayed by the committee’s co-chair, Republican John Kissel:

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Joliet, Illinois is About to Write a Very Large Check to Elijah Manuel

This article was published by The McAlvany Intelligence Advisor on Friday, March 31, 2017:

Interstate 80 bridge over the Des Plaines Rive...

Interstate 80 bridge over the Des Plaines River near Joliet, Illinois.

Joliet is a pleasant township of about 150,000 souls located on the Des Plaines River 40 miles southwest of Chicago. It describes itself as going through “a modern day renaissance” after having a near-death financial experience. Then-Mayor Tom Giarrante said three years ago this month:

I am proud to once again report that the State of the City continues to be … stable. As mayor, I will continue to work hard to keep Joliet financially sound by controlling our spending. It won’t be easy, and it won’t always be popular, but I will work to keep our checkbook balanced and we will not balance it by raising property taxes.

Three years earlier, the town had a $17 million deficit. It’s about to have another similar experience.

The Supreme Court last week paved the way. In Manuel v. City of Joliet, the court ruled unanimously that Elijah Manuel was free to bring a claim against the city based on Fourth Amendment violations conducted by Joliet police officers back in 2011. The opinion, written by Supreme Court Justice Elena Kagan, gave Manuel the go-ahead:

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Supreme Court Unanimously Upholds Fourth Amendment in Illinois case

This article appeared online at TheNewAmerican.com on Thursday, March 30, 2017:

English: Elena Kagan, Associate Justice of the...

Elena Kagan, Associate Justice of the Supreme Court of the United States

The city of Joliet, Illinois, is about to find out just how costly its miscarriage of justice can be, now that the U.S. Supreme Court ruled unanimously last week that it cannot incarcerate an individual while he is awaiting trial, absent probable cause. Supreme Court Justice Elena Kagan was succinct in delivering the court’s opinion:

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Court Rules That Those Carrying Concealed Are Presumed to Be Dangerous

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

Holster

The U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) ruled last week that an individual carrying concealed gives up essential Fourth Amendment rights under the presumption that since he is armed, he is also dangerous.

The ruling issued on Monday, January 23, United States v. Robinson, reversed an earlier decision by the court’s three-judge panel, claiming that the Supreme Court, in two relevant decisions, concluded that “armed and dangerous” meant “armed and therefore dangerous” rather than “armed” as a fact and “dangerous” based on reasonable judgments surrounding the case.

A tip received by Ransom, West Virginia, police on March 24, 2014 that a man was seen

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Congress Plans to Repeal Obama Rules Through Congressional Review Act

This article appeared online at TheNewAmerican.com on Thursday, January 26, 2017:

To facilitated mining of a coal seam in Gillet...

To facilitate mining of a coal seam in Gillette, Wyoming, blasting was used to loosen the coal after the overburden was removed. Approximately half a million tons of coal in a seam 80 feet thick was loosened by this single blast.

House Majority Leader Kevin McCarthy explained in an op-ed in the Wall Street Journal on Tuesday just how Congress is planning to roll back numerous egregious and harmful rules promulgated by the Obama administration: the Congressional Review Act (CRA). The CRA was included in the “Contract With America Advancement Act of 1996” and allows Congress to review, and to cancel by majority rule, new federal regulations issued by federal agencies. There’s a window of 60 “legislative” days to disapprove, which explains some of the Trump administration’s haste in pushing to repeal them. Once passed by both houses, repeals then become effective with President Donald Trump’s signature.

There are plenty of targets, but McCarthy focused on just three: the Interior Department’s Stream Protection Rule impacting the coal-mining industry, new methane gas regulations that would cost up to $1 billion and force many small energy developers out of business, and the Social Security Administration’s new rule that states that if a S.S. recipient needs a third party to manage his finances, he will be added to the gun background check list.

The CRA shouldn’t be necessary. If Congress hadn’t unconstitutionally allowed power it alone possesses under the Constitution to make laws to pass over to the executive branch’s various and sundry regulatory agencies, the problems with the Obama administration’s overreach wouldn’t exist in the first place. Those agencies have grown into Leviathan, issuing rules, regulations, and mandates far beyond those imagined by Congress. Now Congress is in the backward position of having to limit the regulations pouring out of that unconstitutional “fourth branch” of government. The child is now threatening its parent.

Parsing the language of the Interior Department’s rules on its expanded regulation of coal miners proves the point:

Under [the Surface Mining Control and Reclamation Act of 1977], the regulatory authority may not approve a permit application [from a coal mining company] unless the application demonstrates, and the regulatory authority finds, that the proposed operation would not result in material damage to the hydrologic balance [i.e., streams and rivers] outside the permit area.

How does a coal mining company, in its application, “prove” a negative? How does it satisfy a bureaucratic unelected unaccountable and invisible agency that it will cause no harm, or at least not enough harm to avoid trespassing on that agency’s environmental sensitivities? What assurance does a coal mining company have that said agency won’t change the rules arbitrarily and capriciously in the future? Would not such future uncertainty tend to dampen said coal company’s interest in developing its reserves?

Similar charges could be levied against the federal agency issuing its rules on methane emissions, but the best example of egregious overreach is the Social Security Administration’s new rule that allows it to “deem” who shall have his or her name entered into the National Instant Criminal Background Check System (NICS) based on whether or not they receive third-party assistance in managing their finances. Here’s what the SSA says it will do:

We will identify, on a prospective [in the absence of evidence of any proclivity towards criminal activity] basis, individuals who receive Disability Insurance benefits … or Supplemental Security Income (SSI) payments … who meet certain criteria, including … a finding that the individual’s mental impairment meets or medically equals [various] requirements.

And just how, pray tell, would such “identification” take place? The SSA responds:

If we have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, we will develop the issue of capability.

And just how is that “issue of capability” to be determined? Again, the SSA provides the guidelines its bureaucrats should follow in making that determination:

Does the individual have difficulty answering questions, getting the evidence or information necessary to pursue the claim, or understanding explanations and reporting instructions?

 

If so, do you think this difficulty indicates [that] the beneficiary cannot manage or direct the management of [his or her] funds?

If the answer, by this nameless, faceless unaccountable bureaucrat, is yes, his or her name is entered into the NICS.

The agency then condescends to tell the soul who just had his Second and Fourth Amendment rights under the Constitution obliterated that they have just done so, and that if he cares to contest this arbitrary and capricious decision by said unnamed bureaucrat, he is free to hire an attorney and seek redress. Guilty until proven innocent.

Where is due process? Where is the beneficiary allowed to defend himself or explain himself or offer an explanation? What happens to the right to face his accuser in a court of law?

When Chris Cox, executive director of the National Rifle Association’s Institute for Legislation Action (NRAILA), learned of McCarthy’s plan of attack to repeal this particular rule, he was delighted:

Congress’ decision to review the Obama administration’s back-door gun grab is a significant step forward in restoring the fundamental Constitutional rights of many law-abiding gun owners.

 

The NRA has been fighting this unconstitutional government overreach since it was first discussed, and we look forward to swift congressional action to overturn it.

Those in the energy industry will likely be equally ebullient once Congress has righted the wrongs imposed by federal agencies on its businesses. Representative Greg Walden (R-Ore.), chair of the House Energy Committee, told Reuters that using the CRA will not only wipe out entire regulations but forbid them from writing new versions in their place.

In effect Congress’ use of the CRA will be equivalent to hacking off some of the branches of the Fourth Branch’s tree, but leaves the trunk and the root intact. It’s a start, but only a start.

Trump to “Send in the Feds” if Chicago Doesn’t “Fix the Carnage”

This article appeared online at TheNewAmerican.com on Wednesday, January 25, 2017:

The crime rate in Chicago is so outrageous that when President Donald Trump tweeted about it on Tuesday, his numbers were already outdated. Tweeted Trump: “If Chicago doesn’t fix the horrible ‘carnage’ going on, 228 shootings in 2017 with 42 killings (up 24% from 2016), I will send in the Feds!” Wednesday morning the Chicago Tribune reported that, in the city so far this year there have been “at least 247 people shot … with at least 47 people killed.”

What isn’t clear — and the White House hasn’t provided any further details — is exactly what Trump means. What feds? The FBI? The ATF? Officials from the Justice Department?

Chicago Mayor Rahm “never let an opportunity go to waste” Emanuel thinks he knows: more federal funding to hire more police and to track “illegal guns” and, of course, more gun laws.

Trump’s tweet refers back to this part of his inaugural address:

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Social Security uses “Nuremberg Defense” to Explain Why it Wants to Add Beneficiaries to the NICS

This article was published by The McAlvany Intelligence Advisor on Monday, December 26, 2016:  

The defendants at Nuremberg Trials

The defendants at Nuremberg Trials

The Nuremberg Defense was developed following the Second World War in an attempt to reduce the sentences of those convicted of heinous crimes ordered by their superiors. The Social Security Administration (SSA) used a variation to deflect criticism over its “final” rules regarding adding names of certain beneficiaries to the NICS – the National Instant Criminal Background Check System:

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Social Security Issues Final Rules Removing Beneficiaries’ Gun Rights

This article appeared online at TheNewAmerican.com on Saturday, December 24, 2016:  

Thank God for Mental Illness

The Social Security Administration (SSA) announced on December 19 that it had “finalized” its rules regarding who will have their names added to the National Instant Criminal Background Check System (NICS). This was after the proposed rules published in April received more than 90,000 responses, mostly negative, from the public. The National Rifle Association (NRA) opposed the proposed rules for numerous reasons and urged its members to protest them.

The new rules now allow the SSA to

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Beware the 300-Pound White Penguin Watching You at the Mall

This article was published by The McAlvany Intelligence Advisor on Monday, September 5, 2016:  

Cover of "Nineteen Eighty-Four"

In George Orwell’s Nineteen Eighty-Four, Big Brother’s primary enabler was the telescreen. It could be turned down but never turned off, and it recorded all behaviors and conversations to be analyzed for traitorous intent.

Knightscope has no discoverable link to the telescreen with its big, fat white Penguin called K5, but its capabilities are astonishing. Those capabilities came to light following an incident at an upscale mall in Palo Alto last month when a K5 ran over a 16-month-old toddler by mistake. Company officials expressed “horror” at the incident, apologized, and then invited the family of the toddler to view its upgraded version of K5, which, it promised, would avoid such incidents in the future.

The rollout of K5 (version 2.0, if you will) was no doubt impressive, as K5 has an amazing array of technology designed as “an advanced anomaly detection device” – read: detect, record, analyze, and then inform its handler of suspicious activities taking place nearby. Stacy Dean Stephens, Knightscope’s vice president of marketing told Digital Trends:

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Knightscope Robots: Enhanced Safety or More Invasive Surveillance?

This article appeared online at TheNewAmerican.com on Monday, September 5, 2016:  

NXT Robot

Not a Knightscope robot, but close

Knightscope robots — one for inside work, the other for outdoors — have been under development for three years, and have logged 35,000 hours of testing and 25,000 miles of rolling through malls, parking lots, and manufacturing facilities. And yet, within weeks of the K5 outdoor model being released in the Stanford Shopping Center, an upscale shopping mall in Palo Alto, California, one of them couldn’t avoid hitting a 16-month-old toddler and running over his foot.

It was a poor start to Knightscope’s first major public contract with the mall, and they did the best they could to ameliorate the situation:

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California’s Gun Violence Restraining Orders: Grandpa Older, Armed, Therefore Dangerous?

This article appeared online at TheNewAmerican.com on Monday, August 22, 2016:  

Richard Swift could be anyone’s grandfather. Born in 1949, he grew up around guns. He got his first .22 at age 12 and learned how to pick off rodents on his family farm in southeastern Pennsylvania. Said Swift: “Mostly, I was just shooting things that were there, like a stick floating down the creek. I’d shoot bumblebees if they settled on a limb … any kind of small, challenging target.”

When he joined the National Guard, he competed in marksmanship matches, and when he delivered cash between branches of a local bank, he carried a firearm for protection.

But now he’s retired and still owns that .22, along with a couple of other rifles, two pistols, and a pair of shotguns. And he has no plans to dispose of any of them.

And that makes Shannon Frattaroli very nervous.

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Rights Are Lost Slowly, Over Time, and Then All at Once

This article was published by The McAlvany Intelligence Advisor on Monday, August 22, 2016:  

German Pastor Richard Niemoller (pictured) wasn’t the first to discover how totalitarians complete their takeover, but he is remembered for waxing poetic about just how the strategy works:

First they came for the Socialists, and I did not speak out – because I was not a Socialist.

 

Then they came for the Trade Unionists, and I did not speak out – because I was not a Trade Unionist.

 

Then they came for the Jews, and I did not speak out – because I was not a Jew.

 

Then they came for me – and there was no one left to speak for me.

In the early 1930s, Niemoller supported Hitler. But when he observed the tyrant’s strategy of isolating his enemies and then eliminating them one by one, he opposed him. Niemoller spent years in a German concentration camp, and, upon his release in 1946, explained what he had seen with his own eyes:

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ACLU Preparing to Sue Trump If He Wins

This article appeared online at TheNewAmerican.com on Monday, July 18, 2016: 

American Civil Liberties Union

Perhaps recognizing the increasing likelihood of a Trump victory in November, the American Civil Liberties Union (ACLU) released last Friday “The Trump Memo” — a virtual legal action plan against many of Trump’s statements and proposals.

The release was preceded by a letter published in the Washington Post two days earlier written by Anthony Romero, the ACLU’s executive director, which said in part,

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Practical Considerations Likely to Thwart Trump’s plans to Deport Illegals or Build His Wall

This article was published by The McAlvany Intelligence Advisor on Monday, July 18, 2016:  

Donald

Donald Trump enters the Oscar De LA Renta Fash...

As the November presidential election draws closer and Trump draws closer to Hillary in the polls, skeptics are beginning to ask some hard questions: If Trump wins, just how is he going to keep his promise to deport 11 million illegal aliens over the next two years? How is he going to build the Mexico – US wall to keep them from returning? How much will that cost? How long will that take?

The math is daunting:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.