BOB UNRUH For WND.com: NOW FEDS TRYING TO DENY 2 MORE CONSTITUTIONAL RIGHTS



(The United States Supreme Court)
NOW FEDS TRYING TO DENY 2 MORE CONSTITUTIONAL RIGHTS
Fight on to stop government grab of money needed for legal defense
Published: 2 hours ago
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It’s no secret that President Obama and his Democratic Party want to restrict the Second Amendment right to keep and bear arms.

In addition, First Amendment religious-freedoms protections have been challenged by Obamacare.

And freedom of speech? That’s just fine as long as it lines up with the “same-sex marriage” social agenda.

Now, a case is posing a challenge to the Fifth Amendment’s property rights and due process protections along with the Sixth Amendment’s assurance of counsel for those accused of crimes.

The U.S. Supreme Court now is posed with the question: Does the government have the right to charge you with a crime and then seize your bank accounts, checkbook, savings and other assets so that you cannot afford to hire a lawyer to defend yourself?

The Rutherford Institute has filed a friend-of-the-court brief arguing that the nation’s Founders – who wrote the Fifth and Sixth Amendments – would be horrified by the idea.

“It is Dangerous to be Right when the Government is Wrong,” explains the new American case for personal freedom, by Judge Andrew Napolitano.

“If the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights,” said constitutional attorney John W. Whitehead, president of the Rutherford Institute.

“Protecting their property from governmental abuse was just as vital to the Founding Fathers as preserving their lives and liberties, hence the Fifth Amendment.”

Whitehead said that what makes the current case so critical is “that if the government is allowed to freeze a person’s untainted – i.e., legitimate – assets, the government can essentially render them penniless and unable to hire an attorney of their choosing in order to preserve their life and liberty, which renders the Sixth Amendment utterly useless.”

The government routinely confiscates the proceeds of proven illegal activity, such as drug money.

But the new case challenges the government’s decision to take away funds that were not alleged to be part of any criminal activity. Not as a fine; just confiscation.

A second friend-of-the-court brief, filed by Michael Connelly of the United States Justice Foundation and William J. Olson, Herbert W. Titus and others of William J. Olson, P.C., frames the dispute.

“In violation of the Fifth Amendment, the district court improperly seized assets of the petitioner over which the government has no valid, current property interest, denying her the right to retain counsel of choice to fight for her rights in violation of the Sixth Amendment.”

The filing continues: “As Congress and the courts have cooperated in the vast expansion of federal asset forfeiture powers, federal prosecutors have been given tools that no one in government should have – powers which put the American people in fear not of punishment for crime, but in fear of the exercise of arbitrary power by their own government.”

The case arose during a suspected Medicare fraud case in which the government froze $45 million in assets belonging to Sila Luis, who runs health-care businesses in Florida.

She was indicted three years ago for alleged schemes to pay illegal kickbacks for patient referrals and to bill Medicare for unnecessary services.

The government claimed the businesses received about $45 million in Medicare reimbursements and sought to recover the full amount in the criminal prosecution.

But Rutherford said the businesses also earned at least $15 million in untainted funds from sources other than Medicare – and the government moved to take those funds as well.

Attorneys for Luis objected, saying the government’s decision to deprive her of her own funds too violated the Sixth Amendment. Her right to due process, they contend, would be violated by such a move.

The case is pending before the Supreme Court.

The Rutherford Institute argued in its brief that the Constitution’s Sixth Amendment provides the accused the right “to have the assistance of counsel for his defense.”

“When Congress ratified the Sixth Amendment, they understood the constitutional right to counsel as the right to counsel a defendant could afford to retain. This was evidence because the right to appointed counsel had not yet been recognized as fundamental in all criminal cases,” the brief explains.

The brief says the “forfeiture at issue here is fundamentally inconsistent with the Founding Fathers’ understanding that criminal defendants had a right to choose any counsel they could afford.”

“By depriving petitioner of legitimate and untainted funds, the forfeiture prevents her from securing chosen counsel by making it impossible for her to pay that counsel.”

The Sixth Amendment “has always encompassed the core right of securing one’s counsel of choice at one’s own expense,” the brief says.

“If fact, it was the only understanding at the time it was ratified. The idea that the government could trample on this fundamental right with a tool that was despised by the Founders is inconceivable,” Rutherford said.

One year ago, the Supreme Court affirmed that defendants do not have a right to a hearing where they can plead for permission to use the money that the government alleges is tainted. In the case, the government said it was targeting the unconnected funds because the defendant “already has spent the ill-gotten gains on luxury items and travel.”

Rutherford argued that if the case is not reversed, the Sixth Amendment requirement for due process, specifically the right to counsel, will be blown apart.

“The government asks this court to endorse an abusive practice the Founders explicitly rejected and which contradicts their understanding of the limited seizures the government could undertake prior to a finding of guilt,” the brief contends. “In so doing, the forfeiture improperly undermines petitioners’ Sixth Amendment right to counsel of her choosing.”

The filing by USJF and Olson contends the government’s claims are based “exclusively on hearsay and a finding of mere ‘probable cause.’”

“Demonstrating no reluctance to assert highly aggressive statutory interpretations, as well as positions that impair petitioner’s rights protected by the U.S. Constitution at each turn, the government seeks every possible advantage over petitioner,” the brief states.

“The government claims that its only objective is to protect the government’s financial interests, but those interests are at best speculative future interests. The only certain effect of the government’s strategy is to facilitate the prosecutor’s quest for conviction through the crippling of petitioner in her ability to defend herself from federal criminal charges.”

Such a strategy, the brief explains, “should send shivers down the backs of the justices on this court, who are tasked with guarding the rights of the people against this government’s headline pursuit of powers typifying those of a totalitarian police state.”

The inequities are obvious, the brief says.

“Under the government’s theory, the prosecution would continue to be free to employ all the assets it needs to build a case against petitioner, while petitioner would be denied full use of her untainted assets for her defense. … If the prosecution, with the assistance of the court, is allowed to exercise the type of broad authority to tie up a criminal defendant’s untainted assets, [the law] will present an open invitation to an ever more powerful federal government to deprive defendants in criminal cases of counsel of their choice, in violation of the Sixth Amendment.

Read more at http://www.wnd.com/2015/08/now-feds-targeting-2-more-constitutional-rights/#yM2ZE78hkWvQBJxA.99

Before Its News said this: SOMEONE CHECK OBAMA’S EYEBROWS… I THINK THEY WERE JUST SCORCHED OFF!


Everyone, who is a true American, and still Believes in America, Must See this Video!
It is priceless. 22-Year-Old Annihilates Obama, Ruthlessly Handing Him His Butt On Live TV!
http://beforeitsnews.com/politics/2015/08/22-year-old-tv-annihilates-obama-ruthlessly-handing-him-his-butt-on-live-tv-2737830.html

Before Its News said this:
SOMEONE CHECK OBAMA’S EYEBROWS…

I THINK THEY WERE JUST SCORCHED OFF!

WOW! A 22 YEAR OLD ANCHOR!

Tomi Lahren has a strong message for President Obama following the murder of five U.S. servicemen in Chattanooga last week: Call it what it is, and show Islamic terrorists “what the U.S. of A. looks like up close and personal.”

People Are Going Crazy

People Are Going Crazy


Originally posted on Christian Patriots Network:

Bryce-Williams-460x390

Have you noticed that more Americans than ever seem to be going totally insane?  When even reporters start going on racially-motivated shooting sprees, you know that things are getting crazy in this country.  On Wednesday, most Americans were absolutely stunned to learn that a former WDBJ-TV reporter shot and killed a 24-year-old female reporter named Alison Parker and a 27-year-old male cameraman named Adam Ward right as they were in the middle of shooting a live news segment at 6:45 in the morning.  As a reporter, the shooter was known as “Bryce Williams”, but his legal name was Vester Lee Flanagan II.  He fled the scene, but was later tracked down by police.  Before they could take him into custody he shot himself, and he later died at a hospital in northern Virginia.  So what would cause a talented young man to do such a thing?

In the United States, we…

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ENENews: Many baby seals dying of leukemia-linked disorder along California coast


Many baby seals dying of leukemia-linked disorder along California coast — Blamed for over 1/3 of recent deaths at San Francisco Bay rescue center (CHART)
Published: August 26th, 2015 at 3:53 pm ET
By ENENews
http://enenews.com/many-seals-dying-leukemia-linked-disorder-along-california-coast-13-recent-deaths-san-francisco-bay-animal-research-hospital-caused-disseminated-intravascular-coagulation-chart?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29



Of the 46 recently weaned northern elephant seals deaths reported by the San Francisco Bay Area’s Marine Mammal Center between April 20 and August 1 of this year, Disseminated Intravascular Coagulation was listed as a cause of death in 16 — over 1/3 of the total.

U.S. National Library of Medicine (emphasis added): Disseminated intravascular coagulation (DIC) is a serious disorder in which the proteins that control blood clotting become over active… Risk factors for DIC include: Blood transfusion reaction; Cancer, especially certain types of leukemia…

DIC “is a pathological process characterized by the widespread activation of the clotting cascade that results in the formation of blood clots in the small blood vessels throughout the body… and can ultimately lead to multiple organ damage… severe bleeding can occur from various sites. DIC does not occur by itself but only as a complicating factor from another underlying condition, usually in those with a critical illness… DIC can lead to multiorgan failure and widespread bleeding… Causes — DIC can occur in the following conditions: Solid tumors and blood cancers (particularly acute promyelocytic leukemia)… Sepsis or severe infection… Severe allergic or toxic reactions… Giant hemangiomas (Kasabach-Merritt syndrome) [and] Large aortic aneurysms.”

Acute promyelocytic leukemia is a subtype of acute myelogenous leukemia (AML), a cancer of the white blood cells. According to Wikipedia, “ionizing radiation exposure can increase the risk of AML. Survivors of the atomic bombings of Hiroshima and Nagasaki had an increased rate of AML, as did radiologists exposed to high levels of X-rays”

Journal of Intensive Care, 2014: Disseminated intravascular coagulation… with enhanced fibrinolysis is a DIC type usually seen in acute promyelocytic leukemia (APL)… The Scientific Standards Committee… defines DIC as ‘an acquired syndrome [that] can originate from and cause damage to the microvasculature, which if sufficiently severe, can produce organ dysfunction’… problems exist with this definition in terms of not taking into account the type of DIC often seen in acute leukemias (especially acute promyelocytic leukemia)…

Journal of Occupational Medicine and Toxicology, 2013: A causal association with leukemia has only been documented to date for ionizing radiation, benzene and treatment with cytostatic drugs… A large number of studies included in the review referred to the effects of ionizing radiation, where new data suggest that the effects of exposure to small doses of ionizing radiation should probably be reevaluated… An update of [the Life Span Study (LSS) of A-Bomb survivors] has shown that exposure to ionizing radiation at doses as low as those usually recorded in occupational settings, leukemia incidence follows a quadratic dose response pattern… Moreover, there is uncertainty on whether the proposed safety limits from the International Commission on Radiological Protection (ICRP) are appropriate, since revised LSS data show that the risk of leukemia remains increased even in groups with low cumulative exposure to radiation…

See also: Report shows California sea lions dying from organs falling out of place, tumors, accumulation of pus inside bodies (PHOTO)

Published: August 26th, 2015 at 3:53 pm ET
By ENENews
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Gov’t: It’s getting “even worse” on West Coast this year — Experts say over 35,000 baby sea lions could be dead; “This phenomenon is unprecedented in scale” — Hundreds of times more pups than usual at rescue center — Doctor: “Definitely indicates ocean not normal… Really, we should be worried” (AUDIO) March 4, 2015
Guardian: Pacific Ocean “turning into a desert” off California — Experts: Entire generation of baby sea lions is dying; It’s incredible, it’s so unusual and there’s no good explanation for it; Expect same thing to happen again next year — Carts filled with emaciated dead bodies (PHOTOS) May 17, 2015
‘Unbelievable!’: Scientists stunned as 3 rare giant oarfish found dead off Los Angeles in recent weeks — Flesh falling apart while still alive, body parts missing — Biologist: “Of course I’m very concerned… for some reason they’re dying… it’s very strange” — Being tested for toxins (VIDEO) August 20, 2015
Toxic bloom “basically eating the West Coast alive” — “Unusual deaths up and down the Pacific coast” — “All populations of marine mammals are way down” in areas — Experts: “Largest ever recorded… This is really unprecedented territory… Never seen an event like this” (VIDEO) August 9, 2015
CBS: This is really disturbing, sea stars dying by the millions on West Coast — Like the Black Death, only faster and deadlier — ‘Mystery plague’ affecting 20+ species — TV: Disappears from Orange County coast over 2 week period — Expert: “Largest epidemic ever in ocean… Something has changed in marine environment to lead to this” (VIDEO) July 29, 2014
August 26th, 2015 | Category: California, US, West Coast

ENENews: Record-breaking typhoon to make direct hit on Japan’s only restarted nuclear plant — 159 mph gust last night


Damn, if Japan ain’t still trying to kill off all humankind!!!


Record-breaking typhoon to make direct hit on Japan’s only restarted nuclear plant — 159 mph gust last night, strongest ever measured at location — Waves near 40 ft. high expected around island — Gov’t alerts for landslides and floods — Cracks and leaks already found at nuclear plant (VIDEO & MAP)
Published: August 24th, 2015 at 2:16 pm ET
By ENENews
http://enenews.com/record-breaking-typhoon-make-direct-hit-only-nuclear-plant-restarted-japan-159-mph-gust-last-night-strongest-measured-location-waves-40-feet-high-expected-around-island-map?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29


Kyodo/Jiji, Aug 24, 2015 (emphasis added): Typhoon Goni… was poised to make a landfall on Kyushu on Tuesday morning… [JMA] alerted residents in… western Japan that there could be landslides and floods. Violent winds are expected in Kyushu from early Tuesday… Waves as high as 9 to 12 meters [39.3 feet] were forecast in seas around Kyushu.
http://www.japantimes.co.jp/news/2015/08/24/national/typhoon-goni-pounds-okinawa-ishigaki-gets-strongest-ever-gusts-injuries-reported#.VdxI2vmrR8E


(Getty Images)
PTI, Aug 24, 2015: Packing gusts up to 252 kilometres per hour [157 mph], Goni today was… on course directly to hit Kyushu island tomorrow…
http://www.thestatesman.com/news/world/typhoon-goni-threatens-japan-kills-26-in-philippines/84854.html

Jiji, Aug 24, 2015: Powerful Typhoon Goni slammed into… Japan’s Okinawa Prefecture Sunday night… The typhoon registered a maximum instantaneous wind speed of 71.0 meters per second [159 mph] on Ishigaki, the strongest on record there.
http://jen.jiji.com/jc/eng?g=eco&k=2015082400016

Mainichi, Aug 24, 2015: Powerful Typhoon Goni… is expected to… move close to the Kyushu region the following day while maintaining its strength, [JMA] has announced…. The Okinawa Prefecture city of Ishigaki [experienced] the strongest wind ever recorded since a local observatory began recording wind speed at the site in 1941.
http://mainichi.jp/english/english/newsselect/news/20150824p2g00m0in017000c.html

AOL, Aug 24, 2015: 159 MPH wind gust reported in Ryukyu Islands… This breaks the site’s all-time record wind gust of 157 mph (70.2 m/s) set July 31, 1977… Sustained winds at that same site have peaked at 107.1 mph (47.9 m/s) which breaks their all-time August record… According to the U.S. military’s Joint Typhoon Warning Center, Typhoon Goni… had maximum estimated sustained winds of 125 mph as of Monday morning, U.S. time.
http://www.aol.com/article/2015/08/24/typhoon-goni-heads-for-southern-mainland-japan-159-mph-wind-gus/21226476/

Korea Times, Aug 24, 2015: [JMA said] the typhoon’s wind speed was 158.8 miles per hour (mph) at one location on one of the Ryukyu Islands, breaking the site’s all-time record…
http://www.thestatesman.com/news/world/typhoon-goni-threatens-japan-kills-26-in-philippines/84854.html

NHK, Aug 24, 2015: Seawater leak found at Sendai nuclear plant — Sendai nuclear power plant in Kagoshima Prefecture [on Kyushu Island] says it found seawater used to cool steam has leaked… they found cracks in 5 pipes in one condenser… They are now checking the other tubes… The trouble occurred 9 days after the operator restarted the reactor… the first to go back online… The utility was due to raise the reactor’s power output to 100 percent… But the problems are expected to delay the scheduled work…
http://www3.nhk.or.jp/nhkworld/english/news/20150824_31.html

NHK transcript, Aug 24, 2015: Workers at an operating nuclear plant in Southwestern Japan have run into problems. They found cracks and leaks in pipes… The utility has been inspecting the pipes, finding cracks in five of them at one condenser. They say seawater had leaked from them. Workers stopped the flow of water by putting plugs into the five pipes. They’re now checking other ones. Officials with the plant operator say they’ll keep running the reactor.

From last week: Unprecedented volcano warning near Japan’s only restarted nuke plant — Mountain swelling — Large amounts of magma causing sudden crustal movement (VIDEO):
http://enenews.com/unprecedented-volcanic-warning-japans-only-operating-nuclear-plant-restarted-officials-extremely-high-risk-major-eruption-last-week-little-chance-major-eruption-mountain-swelling-expanding-si

Watch NHK’s broadcast on the cracks and leaks here:
http://www3.nhk.or.jp/nhkworld/english/news/20150824_31.html

Tyson Causes The Death of Their Small Farmers


Scott Edwards
Co-Director, Food & Water Justice Project

Rude Awakening in America’s Farmland
Posted: 11/13/2012 12:21 pm EST Updated: 01/13/2013 5:12 am EST

I’m an environmentalist. So when I think about our industrialized system of agriculture and the proliferation of mega-factory farms across the country, where giant companies like Perdue, Tyson, Smithfield and a handful of others dominate our increasingly fragile landscapes, my first thoughts go to the impacts on watersheds and airways. I tend to dwell on the unsustainability of hundreds of thousands of tons of chicken manure piled high in places like the Eastern Shore of Maryland, where the Chesapeake Bay is dying, or the millions of gallons of fetid hog waste lying in lagoons all across the eastern part of North Carolina, overflowing into the Neuse River every time it rains. But the other night I was told a story about an equally dark side of our industrialized ag system, one where the ruin of our natural resources is matched every bit by the destruction of rural families and futures, where every day struggling farmers suffer rude awakenings from the American dream.

Back in 1987, Karen and Mitchell Crutchfield were living a quiet life in a three bedroom brick home near where the Arkansas River winds through the state of Arkansas. Their home was situated on 17 acres of farmland that was passed down to Karen by her grandfather. Mitchell had spent 16 years working as a towboat engineer on the Mississippi River.

Back then, the Crutchfields decided to take a shot with a business of their own. They weren’t looking for shortcuts to get rich quick, or ways to profit off the hard work of others. Karen and Mitchell weren’t hoping for fancy cars and big McMansions; theirs was a modest dream. They were going to be chicken farmers, knowing that it meant that they would have to struggle every day to pay their bills, but they could look forward to a simple and peaceful retirement some decades down the road.

The Crutchfields entered into a contract to raise chickens for Tyson Foods, an Arkansas chicken empire that is one of the largest industrial food producers in the world today, with profits in 2010 of $780 million. In the beginning, they mortgaged their debt-free home and land and took out big loans from the Farm Credit to build their first chicken houses. The Crutchfields were loyal to Tyson. They even purchased 3,000 shares of the company’s stock so they could enjoy some small benefit from the massive profits that Tyson earns off the hard work of their contract growers. And for two and a half decades Karen and Mitchell Crutchfield played by all the rules.

Every time Tyson told them to upgrade the chicken houses or install new equipment or add structures, the Crutchfields complied, even though it meant taking out more loans just to keep up. And at the end of each flock, when Tyson came to pick up the birds that the Crutchfields had so carefully raised according to the company’s evolving standards, they only received about half the money they earned. The other half? Tyson sent that directly to the Farm Credit to pay off the rolling debt the Crutchfields had incurred to keep up with Tyson’s demands.

The money left over wasn’t enough to get by on. So the Crutchfields did what almost every poultry contract grower in the country does — they took on other jobs to make ends meet. At some points, Karen was working three jobs while Mitchell cared for Tyson’s birds. And even though it wasn’t fair that Tyson was paying the Crutchfields less than 5 cents per pound of chicken raised in their houses while charging $1.25 or more per pound at the grocery store, and despite the fact that the Crutchfields had to sell off all their 3,000 shares of Tyson stocks over the years to survive, it was all okay because they were working towards the dream they started 25 years ago, when one day the Farm Credit loans would all be paid off and once again they’d be debt-free

The Crutchfields were going to reach their goal three short years from now, when they would be in their mid 60s. They were going to put off retirement until well past the age of 65 so they could spend their golden years with some small margin of comfort. But a year ago, their dream came crashing down. Not only did the Crutchfields get the rug pulled out from under them, they’re about to have their entire home and all their land yanked away.

Last year Tyson demanded yet another upgrade to the Crutchfields’ chicken houses. This time it was to install computerized ventilation equipment under Tyson’s “Premium House Mandate” program. The cost? According to the Crutchfields, somewhere around $250-300 thousand. Tyson told the Crutchfields that in exchange for the quarter of a million dollar upgrade, they would receive a raise of a penny per pound of chicken. A penny per pound for another $300,000 in debt — that’s a “raise” none of us could afford to accept.

Even so, in a desperate effort to hold onto at least a fragment of their dream while not putting themselves into a hole out of which they’d likely never be able to climb, the Crutchfields asked the Farm Credit for another loan to update only half of their six poultry houses. The Farm Credit refused, saying it was all or nothing. Daunted by the prospects of suddenly sinking another $300,000 deeper, the Crutches did what any responsible person would have done — they said no to more debt.

Last March, Tyson refused to renew the Crutchfields’ contract, abandoning them just a few years short of their finally being able to pay off their debts and after 25 years of loyal service. Tyson’s betrayal left them without any steady source of income to pay off the last three years of their Farm Credit loans. It seems that someone at Tyson didn’t read the “core values” listed on the company’s website, where they claim to “strive to be honorable” and “care about each other,” before they kicked the Crutchfields to the curb. And the curb is exactly where this farm family will end up because the Farm Credit is now foreclosing on their property. The foreclosure hearing is taking place in early December of this year, in time for the banks to take the Crutchfields’ home and land just as the Arkansas winter sets in.

Sadly, this tale should be the exception, but its not; it happens to small farmers on a regular basis all across the country, where big agribusinesses force their contract growers into massive debt while the companies reap huge profits. If you want to see who is destroying sustainable family farming in America, you don’t have to look any further than Tyson and Perdue and the other major meat producers. When you’re a poultry contract grower, there’s never any catching up. The dream you had when you started out stays just that — an elusive dream. The best that you can hope for is that it doesn’t turn into a horrible nightmare, as it has for the Crutchfields.