US District Court: DHS Violates The Constitution
The Market Ticker ® - Commentary on The Capital Markets
Posted 2012-04-05 13:24
by Karl Denninger
in Corruption
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US District Court: DHS Violates The Constitution
 

In a not-amusing case of asset forfeiture the US has lost, badly.

A lack of leadership at the agency allowed this. Its mission statement – which none of the officers could recall at the trial – is to serve the American public with vigilance, integrity, and professionalism. They displayed none of these. The agency says that integrity is its cornerstone; that its officers are guided by the highest ethical and moral principles. A gang of armed security officers bullied this family – a family who cooperated with the officers to their detriment. Our homeland will not be secure by these rascals. They played agency games, abused the people they are to serve, and violated their oaths to support the Constitution.

That's called armed robbery by any honest person.

What was this about?  The family had $35,000 on them -- legally.  They were tricked into a declaration they had less when they were asked about the amount and told to guess when they truthfully said they didn't know (without taking the time to count it.)  The guess was incorrect.

This was then used as a pretext to seize the entire amount even though the statute didn't allow that.

Armed robbery is a felony.  Any fair-minded person would call what DHS did to this family armed robbery. 

Are we, the American people, going to sit back while our government commits armed robbery?

Yes, the court ordered DHS to return the money and pay attorney fees and costs.  Again, if the penalty for armed robbery was simply to return what you stole the line would be out the door of every bank in the nation -- and all in line would be in black ski masks toting guns.

Do we have a nation of citizens that will refuse to tolerate this abuse or are you going to line up and walk right into the "showers" when ordered? 

That's exactly how it happened the last time, and if we don't stop this crap it's how it will happen again.

Discussion below (registration required to post)
 

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User Info US District Court: DHS Violates The Constitution in forum [Market-Ticker]
Wearedoomed
Posts: 3610
Incept: 2009-01-14
Silver
slightly red state
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Every government, since the very first one, commits armed robbery. Of course, to disguise this fact, the more insidious methods they employ are euphemistically labelled...

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Lies, all of it.
Sparticlebrane
Posts: 287
Incept: 2009-08-25


Banned
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Glad to see the judge has some common sense.

...not that it ever should have gone that far in the first place.
Uppity_peasant
Posts: 3229
Incept: 2009-06-26

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Quote:
Any fair-minded person would call what DHS did to this family armed robbery.


Actually, most jurisdictions still sort of let the peasants resist armed robbery.

If a peasant dared to resist THESE thugs, they'd murder him where he stood, give themselves medals, a paid vacation, and pat themselves on the back for a job well-done, all while looking forward to a SWEET retirement at 52, with worn-out knees from boot-stomping the faces of the peasants for their entire career.

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If it's true that "assault weapons" are "weapons of war" and don't belong on the streets of America, why do the police need them? Who are the police at war with?
Bertdilbert
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CA
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The greatest stupidity is this made it to trial. Add stupid on top of stupid.

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Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Steelhead23
Posts: 2073
Incept: 2008-09-09
Green
Portland OR
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What needs to happen is that the agency, DHS should be defunded. Yes, defunded. Put those thugs on the streets where they belong. I, for one, would sooner fly with the threat that some yayhoo is going to blow us all to hell than continue to put up with dehumanizing treatment. I'm sick of LEOs abusing us.

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"Give me control of a nation's money and I care not who makes it's laws" —Mayer Amschel Bauer Rothschild Benjamin Bernanke
For-profit commercial banks are a menace and should be eradicated
Mannfm11
Posts: 3608
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DFW, Tx
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This has been going on for a long time. A friend got arrested in a disagreement with his estranged wife. The wife got her own ass arrested too in attempting to get him in trouble. He had $1700 on him from a check he just cashed. They took it and he had an idiot for a lawyer. He filed documents proving where the money was received and the district clerk denied getting it. They kept his money in a default judgement. In a system where the government is permitted to assume ones money is ill gotten gains and the possesser of the money has to prove it is his has turned the law on its head. It is nothing short of legal stealing. One problem is the average Joe knows nothing about the courts and to hire an attorney costs more than the money at stake in this case. It was all the money this guy had.

Alfred Nock said that justice under the state as opposed to a government is expensive. How much do you think it cost these people to get their money back? Maybe the ACLU provided them an attorney for nothing to challenge this nonsense, but to get an appeal to district court cost a lot of money through conventional means. Possession is supposed to be 9/10th of the law. I think it is except when you are dealing with banks and government thugs. The Obamaite type government treats all you have as theirs and you use it under their generousity. This isn't just the case with Obama, but a creeping creed that has been going on at least since the New Deal. The Constitution, protecting ones property from seizure without just compensation, I believe under the 5th, is merely a piece of paper to these people that can be marked out and rewritten by bureaucrats under the tenets of war or emergency. This is one reason why we must avoid a paper currency that rests on government duress for its value. The very idea invites tyranny.

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The only function of economic forecasting is to make astrology look respectable.---John Kenneth Galbraith
Joejohns
Posts: 694
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DHS and the rest of the gvt goons are under force of ponzi funding taking their fascist boot stomping actions right on down the line to the local yokel level.

The jig is about up as the boot is now firmly in place on the neck and just awaits a trigger event to crush any local effort at "standing your ground".

Combined with a few actual criminal goons placed in local LEO units and all is ready.

Most of the country will be fine with it as both sides take the b.s. that passes for MSM news as a rally cry to arms for "their country".

You got big trouble in river city.
Bertdilbert
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OK I just read the link. 99.9% the family is black. Reasonable possibility the DHS officers are White or White/Hispanic. The black community should jump on this WWB (Walking While Black) incident to divert attention from the PR disaster that is now known as Trayvon2012.

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Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Jimg
Posts: 181
Incept: 2009-02-04
Green
Dunedin, FL
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Our asset forfeiture laws in general are just legalized theft. To call this due process of law is ridiculous.
Jpg
Posts: 332
Incept: 2009-03-23

MI
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Forfeiture Endangers American Rights:

http://www.fear.org/
Susanjbear
Posts: 419
Incept: 2010-06-10
Gold
Salt Lake City, Utah
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Our government has completely lost control of the Department of Homeland Security.

The U.S. is being sued by Canadian women who have gotten strip searched at the border.

And now DHS is dictating who can board airplanes in other countries in THEIR airports. And the other countries are just going along with it:

http://www.independent.co.uk/travel/news....

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Susan
Mannfm11
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DFW, Tx
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Bert, I doubt that is true. Remember, we are talking about the government. The local DPS is almost all black and I would expect the people at the airport to at least model the typical government structure. I doubt there was any racial profiling going on.

My father went to Australia years ago and he was told he would have problems if he took over $10,000, so he didn't. Otherwise, you are just begging to get your money stolen by the government. They don't care what color you are. They only are concerned with what color the money is.

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The only function of economic forecasting is to make astrology look respectable.---John Kenneth Galbraith
Bertdilbert
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Mannfm11, Only one DHS officer is named in the article an that is a Hernandez so we have the potential for at least one white/hispanic...

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Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Lafiakalo49
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Oregon
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How are WE going to respond to all this?

All that happened in the end was that DHS had to return the cash? Nothing else? After keeping it since June of 2011?

The rule of law and property rights in our land is a myth. Law only applies to some.... and where does this lead?

Judges 21:25 In those days there was no king in Israel; everyone did what was right in his own eyes. [Anarchy]

And what was it like to live in those days?

Here is the record of the******and murder of the concubine of a certain Levite (priest) And what he did in response.

Judges 19:1 Now it came about in those days, when there was no king in Israel, that there was a certain Levite staying in the remote part of the hill country of Ephraim, who took a concubine for himself from Bethlehem in Judah. 2 But his concubine played the harlot against him, and she went away from him to her father's house in Bethlehem in Judah, and was there for a period of four months. 3 Then her husband arose and went after her to speak tenderly to her in order to bring her back, taking with him his servant and a pair of donkeys. So she brought him into her father's house, and when the girl's father saw him, he was glad to meet him.

She, probably being months pregnant by another, ran away to her fathers home for four months. So her husband, instead of divorcing her, forgave her of her adultery and went and convinced her to return.

This is the record of first day and night of the return trip. They planned to sleep in the city square...

Judges 19:20 And the old man said, "Peace to you. Only let me take care of all your needs; however, do not spend the night in the open square." [Unsafe inside a city of locked gates!]

Judges 19:22 ¶ While they were making merry, behold, the men of the city, certain worthless fellows, surrounded the house, pounding the door; and they spoke to the owner of the house, the old man, saying, "Bring out the man who came into your house that we may have relations with him." 23 Then the man, the owner of the house, went out to them and said to them, "No, my fellows, please do not act so wickedly; since this man has come into my house, do not commit this act of folly. 24 "Here is my virgin daughter and his concubine. Please let me bring them out that you may ravish them and do to them whatever you wish. But do not commit such an act of folly against this man." 25 But the men would not listen to him, so the man seized his concubine and brought her out to them. And they raped her and abused her all night until morning, then let her go at the approach of dawn. 26 As the day began to dawn, the woman came and fell down at the doorway of the man's house where her master was, until full daylight. 27 When her master arose in the morning and opened the doors of the house and went out to go on his way, then behold, his concubine was lying at the doorway of the house, with her hands on the threshold. 28 And he said to her, "Get up and let us go," but there was no answer. Then he placed her on the donkey; and the man arose and went to his home. 29 When he entered his house, he took a knife and laid hold of his concubine and cut her in twelve pieces, limb by limb, and sent her throughout the territory of Israel. 30 And it came about that all who saw it said, "Nothing like this has ever happened or been seen from the day when the sons of Israel came up from the land of Egypt to this day. Consider it, take counsel and speak up!"

So this lead to war in short order, 90,100 died in battle, warriors. Then ALL of the women and children and cattle were killed, likely 200,000 or more. In the end there were only 600 men of the tribe of Benjamin left, no women, no children. So then, feeling sorry for the 600, they let them kidnap wives for themselves since they had, in their anger, sworn an oath to never give them wives.

Like to be a kidnapped spouse with no recourse?

This outcome was the direct result of those in authority over the culprits not willing to bring them to justice. We face the same here today, with the banksters and thugs in uniform, sociopaths all, accountable to no one for anything. Think MFGlobal and the theft of how many billion? [oh, it just got lost in the shuffle... so they say]

Anarchy and every man doing right in his own eyes can never come to a good end.

And what did those in Israel say when they saw the crime? "Consider it, take counsel and speak up!" And then...

Jg 20:1 Then all the sons of Israel from Dan to Beersheba, including the land of Gilead, came out, and the congregation assembled as one man to the LORD at Mizpah.
Jg 20:2 And the chiefs of all the people, even of all the tribes of Israel, took their stand in the assembly of the people of God, 400,000 foot soldiers who drew the sword.
Jg 20:3 (Now the sons of Benjamin heard that the sons of Israel had gone up to Mizpah.) And the sons of Israel said, "Tell us, how did this wickedness take place?"
Jg 20:4 So the Levite, the husband of the woman who was murdered, answered and said, "I came with my concubine to spend the night at Gibeah which belongs to Benjamin.
Jg 20:5 "But the men of Gibeah rose up against me and surrounded the house at night because of me. They intended to kill me; instead, they ravished my concubine so that she died.

They "took their stand"

We must do no less, as we too are now being confronted with great wickedness. Need to clean house, starting peacefully on our part. One of the first things to go must be DHS.

Donethat
Posts: 782
Incept: 2009-04-22

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Susanjbear...

The FBI recently put two Americans on the no fly list while they were overseas.
They flew from Tunisia to Europe and then were denied flight to the US. So this DHS activity closes the loophole where they could have flown into Canada and then driven over the border.

The FBI strongarmed them after they cut halts to their "interviews"

After much complaining to congressmen and such they were allowed to fly back to the US, evidently a one time bone toss because they are still on the no fly list. Fortunately their smart lawyer booked them non-stop flights to their hometown and accompanied them the whole way.

That is what I tell Karl, he will be making progress when DHS puts Karl on the do not fly list.
Ponzi_unit
Posts: 8195
Incept: 2007-09-05
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Why does this happen? Incentives!

from the link...

These public servants sought to earn credit with their agency by collecting money. Some of it is returned to the agency – like justices of the peace whose pay is derived directly from the fines they impose. They focused on bureaucratic imperatives – not their duties to the public and law. [Here Judge Huges footnotes Leonard W. Levy, A License to Steal: The Forfeiture of Property (1996).]

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Taxpayers witnessed a crime and stayed around long enough to get charged with it.
Iamedwardteach
Posts: 819
Incept: 2011-09-18

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Hay Genesis. What is this Constitution thing you keep referring to? I don’t think it means what you think it means.

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"FACT: WHEN THE DRAFT OF YOUR VESSEL EXCEEDS THE DEPTH OF THE WATER, YOU ARE MOST ASSUREDLY... AGROUND!"
Jstanley01
Posts: 8263
Incept: 2008-07-30
Silver A True American Patriot!
San Antonio, Texas
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Quote:
Bush vows to rid the world of 'evil-doers'
September 16, 2001
by Manuel Perez-Rivas
CNN Washington Bureau

WASHINGTON (CNN) -- President George W. Bush said Sunday he is confident the nation will rebound from the week's terrorist attacks, and he urged Americans to go back to work on Monday knowing that their government is determined to "rid the world of the evil-doers."

http://edition.cnn.com/2001/US/09/16/gen....
Don't you get it? As long as there is one evil doer left in this world, you are not only going to allow your government to steal your money, oogle your girlfriend, feel up your children, and harass your grandmother. You are going to like it. Ingrates!

smiley

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You can't cheat an honest man. ~P.T. Barnum

Onelegged
Posts: 271
Incept: 2009-11-13

NW Colorado
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The list of abuses at the hands of our government continues to grow. When will we decide we have had more than enough?

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The light at the end of this tunnel is a train.
Ponzi_unit
Posts: 8195
Incept: 2007-09-05
Gold
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When they ask for one thing too much?

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Taxpayers witnessed a crime and stayed around long enough to get charged with it.

Docj
Posts: 1010
Incept: 2009-09-10
Silver
Duck & Cover
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You know, I supported the creation of DHS 10-years ago. Now I think they're the perfect example for why every law - Every. Last. One. - should sunset after a 10-year period and have to either be renewed or fade deserved into the dustbin of history.

At best they are nothing more than The Veneer of Security, designed to keep the traveling public from thinking anything "Bad" can happen to them. At worst they're modern-day Brownshirts.

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The preservation of liberty depends upon the intellectual and moral character of the people. As long as knowledge and virtue are diffused generally among the body of a nation it is impossible they should be enslaved. - John Adams
Ponzi_unit
Posts: 8195
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We need something like a Jubilee. Something that forces an accounting on a cycle no longer than a humans.

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Taxpayers witnessed a crime and stayed around long enough to get charged with it.
Jstanley01
Posts: 8263
Incept: 2008-07-30
Silver A True American Patriot!
San Antonio, Texas
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Quote:
The Ascendence of Sociopaths in US Governance
Casey Research
by Doug Casey
March 21, 2012

...It's a pity that Bush, when he was in office, made such a big deal of evil. He discredited the concept. He made Boobus americanus think it only existed in a distant axis, in places like North Korea, Iraq and Iran – which were and still are irrelevant backwaters and arbitrarily chosen enemies. Bush trivialized the concept of evil and made it seem banal because he was such a fool. All the while real evil, very immediate and powerful, was growing right around him, and he lacked the awareness to see he was fertilizing it by turning the US into a national security state after 9/11.

Now, I believe, it's out of control. The US is already in a truly major depression and on the edge of financial chaos and a currency meltdown. The sociopaths in government will react by redoubling the pace toward a police state domestically and starting a major war abroad. To me, this is completely predictable. It's what sociopaths do...

http://www.caseyresearch.com/articles/as....

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You can't cheat an honest man. ~P.T. Barnum
Widgeon
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Incept: 2007-08-30
Green
Region formerly known as the United States
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Why is he giving a pass to the shrub? Shrub knew exactly what he was doing.

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