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October 27, 2007 at 17:19:07

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Put On the Cuffs, I'm Guilty as Charged

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By Jim Freeman (about the author)     Page 4 of 5 page(s)

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(1) contribute to the establishment of training, written materials, information, analytical assistance and professional resources to aid in combating violent radicalization and homegrown terrorism;

Brown shirts are dress-optional.

(2) utilize theories, methods and data from the social and behavioral sciences to better understand the origins, dynamics, and social and psychological aspects of violent radicalization and homegrown terrorism;

Harman has done everything up to now but slip on the swastika arm-band.

(3) conduct research on the motivational factors that lead to violent radicalization and homegrown terrorism;

Including the motivation to live in a free and independent nation.

(4) coordinate with other academic institutions studying the effects of violent radicalization and homegrown terrorism where appropriate.

Well Jane. Now that you have finally wadeed down through this veritable swamp of constitutional degradation, hip-boots slathered in congressional slime, you throw us the bone of ‘where appropriate.’ How California of you.

In an effort to wind this up and provide some connective tissue, let me draw attention to other little heralded laws. Federal confiscation laws are in effect that could cost you everything you own. There is little argument against these violations of the 4th, 5th, 8th and 14th Amendments to the Constitution because, what the hell, you and I are not drug users or dealers.

(Your House is Under Arrest, Brenda Grantland, attorney) Property can be confiscated from innocent people for the crimes of others. Even if you are totally innocent, you have to go through the whole process, and prove at trial that you didn't know of or consent to the illegal use of your property before you can get it back.

Forfeiture procedures allow the government to sieze property without a hearing, and hold onto it until the case is over. Often the police seize everything of value you own, so that you don't have any money to hire a lawyer to fight your case. There is no right to court appointed counsel in forfeiture cases.

In federal law, they make you pay the police 10% of the value of your property in order to have any right to a trial at all! Even after you pay the cost bond, you can still be denied the right to trial if the judge grants "summary judgement" for the government. This can happen if the judge decides there are no facts to dispute, or that you don't have enough "credible" evidence to win at trial.

At trial -- if you get one -- the property is presumed guilty. The burden of proof is on you to prove your property should not be forfeited. The courts even let the government use hearsay to prove their case -- but they won't let you use hearsay to defend yourself.
Some state forfeiture statutes have even taken away the right to a jury trial in all forfeiture cases.

You may say this could never happen in America because the U.S. Constitution protects you. There you are wrong, because it is happening in the U.S. -- at an alarmingly increasing pace.

And it has been happening since 1993, but most likely not to anyone you know personally.

The same might be said of HR 1955 RFS as well. But one of our greatest freedoms as Americans is the ability to walk down a street, drive down a highway and challenge anyone who stands in our way. Even a policeman, perhaps particularly a policeman.

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Jim Freeman's op-ed pieces and commentaries have appeared in The New York Times, Chicago Tribune, International Herald-Tribune, CNN, The New York Review, The Jon Stewart Daily Show and a number of magazines.

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.

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It is really hard... by steve scheetz on Tuesday, Oct 30, 2007 at 10:59:08 AM
I WANT TO KNOW... by Professor Fandel on Sunday, Nov 4, 2007 at 10:56:44 AM

 
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