YOUR SHERIFF: NO ENFORCEMENT OF SO-CALLED "PATRIOT" ACT
March 22, 2006
Americans who are not in a self imposed coma are aware that Congress has once again shredded the Fourth and Fifth Amendments with their recent vote to extend certain provisions of the un-Patriot Act. The only problem is, the Constitution must be amended, not changed, altered or nullified depending on the vicissitudes dictated by political corruption. The day following the vote I watched Judge Andrew Napolitano attempt to explain to that silly fop on FOX News, Shepard Smith, what Congress in fact did with this latest shot at the Constitution. Here's what the feds think they're going to get away with; this is a verbatim transcript from the aforementioned segment:
"Napolitano: Well, I have learned that the Patriot Act, in the name of fighting terrorism, allows agents to do things that we've never allowed them to do in the history of the United States.
"Smith: For instance?
"Napolitano: For instance, to read our mail without us knowing it and without getting a search warrant. They can go to the post office, they can write their own search warrant and require the post office to give them your mail......
"Smith: .....without a judge....
"Napolitano: Without a judge involved at all. They can go to your bank, your lawyer, your doctor, your accountant, your computer server, your telephone company, again (his emphasis) without a search warrant from a judge, but with their own, self hand written search warrant and require those people, who keep confidential information on all Americans, to turn that over. You may say, 'Well, my doctor would call me, my banker would call me.'
"Well....no. They will tell the person to whom they're giving the self written search warrant it's a felony for them to speak to anyone about it. They can't tell their spouse, they can't tell their lawyer. They can't even tell a Federal Judge in a Federal Judge's courtroom that they have been the recipient of one of these search warrants. That, of course, prevents them from challenging it for a year. We are not accustomed in this country to having that kind of power in the hands of federal agents.
"We have always put a neutral judge between the government agent and the target of that agent. The Patriot Act changes that.
"Smith: And they can break into your house?
"Napolitano: The Patriot Act, with a search warrant, allows Federal agents to break into your house, make it look like a burglary, steal your checkbook and leave and they don't have to tell you about it for a year. Now, you may say, well, why?
"Smith: They would only do that for terrorism, though. Isn't that what they're supposed to do?
Napolitano: That's what they're supposed to do, however, they have used this power to fight organized crime, drug dealing, pornography and political corruption. The last in the city of Las Vegas.
"Smith: But surely they've gotten some terrorist convictions out of this?
"Napolitano: They've gotten no terrorist convictions out of any of this.....
"Napolitano: ...evidence they've obtained out of the Patriot Act. Zero, never. They've gotten a series of guilty pleas, they've gotten convictions on these other crimes......
"Smith: But not on terror?
"Napolitano: But not on terror. They have done their best to keep evidence obtained under the Patriot Act from being introduced into Federal court because they don't want a Federal Judge to find the Patriot Act unconstitutional. Now, five Federal Judges have ruled on it so far, two appointed by President George H.W. Bush. All five have found it unconstitutional. They've found the self written search warrant aspect unconstitutional. They found the part that says 'thou shall not speak' unconstitutional. It violates the first amendment.
"But the Justice Department keeps enforcing it and the Congress has just made it stronger, made it more difficult for people targeted under the Patriot Act, whether it's acts of terror or whatever (Comment: Yeah, too bad if you fall under that 'whatever' category) to challenge the government's behavior.
"Smith: What's the fear?
"Napolitano: The fear is that Government Agents, without the restraint of a judge, will have too much power and will violate the rights that the Constitution guarantees us. Remember, we wrote the 4th Amendment because British soldiers had the right to write their own search warrants, we didn't want any of that. 200 years later we're back where we started.
"Smith: Will this be found unconstitutional?
"Napolitano: I think it will. All five judges who have looked at it so far have done so and I think as it makes its way through the appellate system, it will be found unconstitutional as well. Now, the president has argued that it will only be used against the bad guys, it will only be used against terrorists that are so sophisticated that we needed to respond with this sophistication. We need to give law enforcement more breathing room, more elbow room when attacking them.
"That remains to be seen. Law enforcement has not, as we talked earlier, used this just to attack terrorism, they've used it all over. (Comment: 'They've used it all over meaning they can search anything, anytime they want, nothing to do with terrorism) Because, quite frankly, it makes their job a lot easier. If they don't have to run to a judge to get a search warrant, they can write their own search warrant, they can do their job easier and quicker. But at the price of our freedoms." (End excerpt)
The treachery of these people back in Washington, DC, knows no bounds. They're no longer even pretending the U.S. Constitution exists. It came as no surprise that Mr. Bush signed this unconstitutional bilge into "law." It matters not to him or Congress that more than 440 cities, towns and municipalities rejected the first un-Patriot Act and refused to enforce certain provisions found to be contrary to the supreme law of the land. Just because these crooks, cowards, criminals and in some cases, functionally illiterate members of Congress or your state legislature pass some bill into law, doesn't make it constitutional or lawful.
Earlier this week I sent a letter to Sheriff Lou Blanas here in Sacramento County with a copy to my state assemblyman, state senator and Da Govn'r, His Excellency, Arnold Hollywood. I enclosed the above segment from FOX News. This is the essence of that correspondence:
1. Not since the British occupied this country have we seen such a gutting of the Fourth and Fifth Amendments to the U.S. Constitution. Under the pretext of Bush's phony "war on terrorism," Congress is simply running amok, passing legislation that is contrary to the supreme law of the land and this must be stopped by the states and county sheriffs.
2. As Sheriff for Sacramento County, you have not been given any lawful authority to allow the feds to nullify my Fourth and Fifth Amendment RIGHTS, not to mention the Ninth and Tenth. You work for we the people who elected you. I also provided him with an excellent overview of the Sheriff Dave Mattis episode in Big Horn County, Wyoming. This excellent and short commentary is by former Sheriff Richard Mack, a friend and champion of the Bill of Rights; it can be found here. I wanted Blanas to see the opinion of another former Sheriff.
3. I provided Sheriff Blanas with a copy of the NH rejection of the National ID. This was to inform him - since there is no coverage by "mainstream" or even cable networks - that the legislators in the State of New Hampshire recognize that Congress has once again over stepped their legislative boundaries.
4. I politely reminded Sheriff Blanas that his oath of office is to preserve, protect and defend both the state and U.S. Constitution and that the un-Patriot Act is in obvious violation of both.
5. I concluded my correspondence with Sheriff Blanas by providing him with the contact information for constitutional scholars, Professor Jonathan Turley and Dr. Edwin Vieira. I encouraged him to consult with them and to coordinate with the legislature and His Excellency, Govn'r Arnie about not enforcing these unconstitutional provisions of the Patriot Act.
I know everyone is tired, worn out and would rather relax. It seems like there are so many fires about to consume us, well, too many feel overwhelmed and do nothing. Have you ever read the words to 'Impossible Dream' from Man from LaMancha? You can here. They are truly inspiring because that's what we have to do no matter how difficult, how hopeless or how futile our battle seems because our cause is a noble one. It is imperative that every Sheriff in this country, the state legislatures, governors and Congress see that there is a wall of resistance out there and that we will NOT back down. They won't know how big or how strong this resistance is unless we bury them with snail mail and stand at important rallies as I am today in Los Angeles.
Two hundred thirty one years ago today, Patrick Henry, gave his "Give me liberty or give me death speech." In that speech, he said: "Suffer not yourselves to be betrayed with a kiss." Do not be deceived by slick words from slick politicians. The Patriot Act and the insidious Department of Homeland Security must go and we will settle for nothing less. We the people will not sit by idly while federal agents break into our homes or snoop through our mail under the pretext of a "war on terrorism" that was birthed on lies and deceit. Let your sheriff and lawmakers know today (or get it done this weekend) that you will stand up for your God given rights.
"Our own Country's Honor, all call upon us for a vigorous and manly exertion, and if we now shamefully fail, we shall become infamous to the whole world. Let us therefore rely upon the goodness of the Cause, and the aid of the supreme Being, in whose hands Victory is, to animate and encourage us to great and noble Actions - The Eyes of all our Countrymen are now upon us, and we shall have their blessings, and praises, if happily we are the instruments of saving them from the Tyranny mediated against them. Let us therefore animate and encourage each other, and shew the whole world, that a Freeman contending for Liberty on his own ground is superior to any slavish mercenary on earth." George Washington, General Orders, July 2, 1776.
© 2006 Devvy Kidd - All Rights Reserved
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Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty, which sold close to 2,000,000 copies. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Your complimentary copy of the 32-page report may be obtained from El Dorado Gold. Devvy is a contributing writer for www.NewsWithViews.com.
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Two hundred thirty one years ago today, Patrick Henry, gave his "Give me liberty or give me death speech." In that speech, he said: "Suffer not yourselves to be betrayed with a kiss." Do not be deceived by slick words from slick politicians.