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Published on May 11, 2014
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THE RISE OF THE AMERICAN POLICE STATE

By Attorney Jonathan Emord
Author of "The Rise of Tyranny" and
"Global Censorship of Health Information" and
"Restore The Republic"
May 12, 2014

NewsWithViews.com

With the enormous growth of government, federal and state, it should come as little surprise that we are experiencing a fundamental shift in the relationship between the individual and the state with freedom receding and control advancing. That shift is perhaps most evident when government agents bring to bear highly intrusive means or heavy handed tactics against individuals who have either done nothing unlawful or have violated laws that render illegal actions of no material consequence.

In her recent book Police State U.S.A., subtitled, “How Orwell’s Nightmare Is Becoming Our Reality,” Washington Times’ continuous news writer Cheryl K. Chumley provides a detailed yet highly readable litany of many federal and state abuses of power against specific individuals across the country. She explains that all manner of rights violations are on the rise, a marked increase over just a few decades ago.

The rise of the American police state includesa massive post-9/11 increase in use of warrantless searches; in reliance on property forfeitures before a trial on the merits; in home invasions; in massive data gathering and government storage of private information from smart phones and computers; in the militarization of state and local police; and inregulatory inspections and enforcement actions against people whose regulatory offenses harm no one. Chumley’s account is so compelling because she roots it in specific factual examples, dozens of them.
Here in one place you can find proof of a dramatic loss in liberty. Elected and appointed officials have at their disposal means to direct investigatory and police forces against any individual, including political enemies or those whose actions while lawful upset special interests favored by those in power.

In the nascent years of the American republic, more often than not individual liberty was considered the end of government. Any official action that violated liberty was viewed with alarm and was often rebuked by political leaders with strong public backing and in the courts. Today more often than not political expediency in achieving the designs of politicians is considered the end of government. All official action needed to achieve those designs are justified, met with little opposition in the public and in the courts, and are celebrated by political leaders and upheld in the law.

That sea change has transformed the federal and nearly all state governments from limited republics into bureaucratic oligarchies. The unelected now rule in a manner largely indistinguishable from absolute monarchs without checks from the courts, the legislatures or the American people. As Chumley explains, the unelected now rule tyrannically in the same sense James Madison used that term. Through delegation of legislative, executive, and judicial powers by Congress and state legislatures to independent unelected agencies, the separation of powers has been vanquished and the new authoritarians have arisen (those possessed of a combination of legislative, executive, and judicial power). They serve as the prosecutor, the law giver, and the judge, denying those who appear before them a right to a fair trial.

The absence of an independent judge in many federal and state controversies compounds the problem Chumley explains. It is bad enough to be denied liberty, arrested, and prosecuted for a transgression that actually harms no one (proof of Thomas Jefferson’s statement that “law is often but the tyrant’s will, and always so when it violates the right of an individual”), but it is far worse to be denied that liberty, arrested and prosecuted only to be judged by the same party that ordered your arrest and prosecution. There is no justice in that, only tyranny. We have sadly reached that dire state of affairs, and we will not be able to overturn it until the collocation of powers is eliminated.


To put an end to the prosecutor and law giver judging the law transgressor requires legislative action to strip government agencies of all judicial powers, relying on the third branch of government, the judiciary, as an exclusive source of judicial decision.

There should also be no creation of law except by the legislative branches of American governments. Presently most law is regulatory, the product of rules and policies by unelected agency heads, not the product of bills passed by the legislatures comprised of the people’s elected representatives. In the Congressional Responsibility and Accountability Act that I wrote for then Congressman Ron Paul, which he introduced, no regulation of any consequence could be implemented by a federal regulatory agency unless first enacted into law by Congress. That measure never left committee but is essential to restore the republic. Like legislation should be introduced in every state to defang the unaccountable administrative state and restore the non-delegation doctrine that the Founding Fathers views as indispensable to the preservation of liberty.

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© 2014 Jonathan W. Emord - All Rights Reserved

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Jonathan W. Emord is an attorney who practices constitutional and administrative law before the federal courts and agencies. Congressman Ron Paul calls Jonathan "a hero of the health freedom revolution" and says "all freedom-loving Americans are in [his] debt . . . for his courtroom [victories] on behalf of health freedom." He has defeated the FDA in federal court a remarkable eight times, seven on First Amendment grounds, and is the author of Amazon bestsellers The Rise of Tyranny, Global Censorship of Health Information, and Restore the Republic. He is the American Justice columnist for U.S.A. Today Magazine and the host of “Jonathan Emord’s Truth Trial” on the GCN Radio Network (visit gcnlive.com and emordtruthtrial.com). For more info visit Emord.com and join the Emord FDA/FTC Law Group on Linkedin.

Website: Emord.com
E-Mail: jemord@emord.com

http://www.newswithviews.com/Emord/jonathan350.htm

Another Day, Another Cop Shoots a Dog

It's time to teach the police some new tricks.

A. Barton Hinkle | May 21, 2014

A police officer chasing a suspect entered Bianca Alakson's fenced-in backyard the other day. When her 10-month-old Labrador-mix puppy ran toward the Redford Township, Ohio, officer, he shot the dog twice, killing it. Alakson's boyfriend, Ryan Showalter, ran outside and demanded to know why. He was arrested for interfering with an investigation.

"I asked him why," Showalter said. "And he said, 'Because he was in our way.' I was breaking down hysterically in the back seat of the cop car, crying. I didn't know what to do."

This wasn't long after Cole Middleton, a resident of Raines County, Texas, called the police to report that his house had been burgled. When an officer arrived Middleton's dog started barking. According to news reports, "the deputy claimed the dog was about to bite him and shot the dog to defend himself. … Middleton says the dog was shot in the head. He begged the deputy to finish off his cowdog named Candy since the dog was suffering."

"I was so upset," Middleton told KLTV-7 News. "I went over there to her and she was still alive and I begged and pleaded with him to please shoot her again because I don't have any firearms. They got stolen. He went and got in his vehicle and backed out of my driveway.

"And then I had to do the unthinkable. … I had to kill my dog with my bare hands and put her out of her suffering, praying for this to be over with," Middleton said.

Those are just two of many cases in which police officers have killed family pets recently and without any apparent justification. There have been countless others. Police entered a back yard in Mobile, Alabama, encountered a dog, and shot it. A Tehachapi, California, officer saw a dog run toward him while he was performing routine code enforcement checks. "He just pulled out his gun and boom, boom, boom," reported a witness. An officer responding to a complaint about a moving van in the street in Columbus, Ohio, shot a dog nine times after it growled at him. And in Filer, Idaho, an officer shot a dog whose owner was throwing his 9-year-old son a birthday party. You can watch the dash-cam video (warning: strong content and language) by Googling "officer shoots dog at boy’s birthday party."

In most such cases, what happens afterward is: nothing. The police department says it will investigate the shooting, and then the incident disappears into a circular file or a black hole. Not always: The Texas officer who shot Middleton's dog was fired. But the police department in Filer decided officer Tarek Hassani was justified in using deadly force against a family pet.

Fortunately, some police departments have begun training officers in how to read animal behavior. Most dogs that feel threatened don't run toward the perceived threat, for instance—they run away. "An approaching dog is almost always friendly," according to a Justice Department report, "The Problem of Dog-Related Incidents and Encounters." Here in Virginia some departments do a better job than others. But the commonwealth has not passed a law requiring such training, as Colorado has.

Meanwhile, public pressure to protect dogs is mounting. Filer residents were so upset by its department's decision that some launched a recall effort to unseat the mayor and the entire city council. A Kickstarter campaign has raised more than $45,000 for the documentary Puppycide.

"When we first learned about puppycide," the filmmakers write, "we assumed that these must be cases of police responding to threats on their lives from dogs trained to attack by criminal owners. That couldn't be further from the truth. We found scores of videos and news stories about dogs who were laying down, tails wagging, even running away but still shot by officers who used lethal force as their first and only response."

Nobody wants to see police officers—already underpaid and underappreciated—get hurt in the line of duty. What people object to is the gratuitous slaughter of pets that pose no threat. Officers couldn't shoot children with such impunity, and many pet owners love their animals almost as much as their kids.

That shouldn't be surprising. A special bond between people and dogs has developed over thousands of years of domestication.

Recent work by Hungarian researchers has shown that dogs can read emotion in human voices and, as The Washington Post reported the other day, "other studies have revealed that dogs yawn when they see humans yawning and that they nuzzle and lick people who are crying; scientists consider both behaviors displays of empathy, a rarely documented trait in the animal kingdom."

If dogs can read other species' behavior signals and show empathy toward them, then surely police officers should be able to as well.
This article originally appeared at the Richmond Times-Dispatch.


http://reason.com/archives/2014/05/21/another-day-another-cop-shoots-a-dog

Friday, May 30, 2014

SWAT throws a stun grenade into a toddler's crib during no-knock raid


WSBTV

Video at link below

http://www.activistpost.com/2014/05/...-toddlers.html

The SWAT team is a scary photo. We need to remind ourselves what police are actually for.
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