Tag Archives: Lawsuits

Quote of the Day – Judge J. Harvie Wilkinson(1/26/2013)

  By Barron | January 26, 2013 - 21:36 | , , , , ,
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Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

Judge J. Harvie Wilkinson – Aaron Tobey v Terri Jones

January 25, 2013

[First here's the background on the story.

A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Now let me translate Judge Wilkinson's quote for everyone.

Because our TSA agents and federal government so dislike those who disagree with the government infringing on personal liberties and freedom.  People should no longer have 1st Amendment protections to their ability peacefully protest the behavior of the agents infringing on their 4th Amendment rights.

The fact that our paid government agents would pursue and harass a man for an extra 90 minutes because he was willing to protest is evidence he should not be allowed to voice dissent.  The reason he shouldn't be allowed is because it compounds the ignorance and inability for the TSA to do its job thus making it more likely that an agency who has a track record of catching absolutely no-one to catch even fewer.

Instead the people should just silently undergo their mistreatment and act like good cattle and just get on the cattle car to the slaughter.  That way the TSA can continue stealing peoples private valuables to sell to others while under the protecting folds of working for the US Government.

Still think this whole thing is still really about making us safer?  The government does nothing but destroy and trample the rights and liberties of some to make others somehow feel they are safer.  When in fact the TSA guy just waves terrorists right on through because it's merely an illusion and nothing more.

Just remember, Judge Wilkinson obviously despises the 1st Amendment as much as he despises the 4th Amendment.  Thankfully his opinion was the dissenting one.  -B]

What Is Wrong With This Story?

  By Barron | October 25, 2012 - 11:00 | ,
2 Comments

Warning:

Image courtesy of Robb Allen found via JayG

A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.

Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone “negligently shot” him during the confrontation inside Leone’s home.

Cutrufelli, 31, claims Leone caused him “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.”

I don’t think so there Sparky.  You want to know what happened, you broke into another man’s house and you were upset that he fought back.  In what world can you claim that a person negligently shot you after you broke down the door into their house?

Negligently would imply that you were struck by a ND.  There is no ND here my friend. Especially since you shot at the home owner as well and then claimed to the police you shot yourself.

You are one lucky man that Mr. Leone’s bullet didn’t send your body to room temperature.

You know, they tell you that you should stop once the person is no longer a threat… About the only way it seems to permanently stop the threat is to make sure their body cools to room temperature.*  Failure to do so leaves you life and financial livelihood in peril.  Especially since there is no such thing as winning a lawsuit.

*Don’t go just plugging him though after the fact if he’s still breathing…  That just lands you in a world of crap.

Where did she go?

  By Barron | June 28, 2012 - 17:58 | , , , , , ,
1 Comment

Via my buddy The Learned Sergeant.

I miss her, I barely even got to know her and by the time I met her she was already on life support dying.  Bleeding profusely from everyone taking their entitlements, creating their moral wars on nouns, and ultimately dying from an ignorant public who would rather hear fanciful fairy tails than the painful truth.

Today, something very bad happened.  There is some suspicion the decision was done as one would play a game of chess.  There are some ideas of how it could work out, but it is possible to loose a game of chess if you’re not careful.

All I do know is we are no longer, and haven’t been as of recently, the best country on earth.  There is no place I would rather live, it is my home, but she is being gutted.  Government regulation and restriction has proceeded to destroy industry and innovation.  Entitlement programs have proceeded to kill self-motivation and have become nothing more than legalized theft.

All I saw today was something I loved dearly coughing and hemorrhaging blood.  Showing her mortal wound while all of us hope, pray, and plan to find a way that it may not be mortal.  Hoping we can arrest the fall before it’s too late.  Before there is no choice but to find a new frontier.  One where we can find freedom again.

Fast and Furious, With Regards to the Cause

  By Barron | June 22, 2012 - 08:59 | , , , , , , ,
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So if you didn’t read it, a couple of months ago I wrote a root cause analysis on the causes and reasons behind Operation Fast and Furious, also known as Operation Gun Walker.

Today Uncle posted a link to an article from CBS that stated the following:

ATF officials didn’t intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called “Demand Letter 3″. That would require some U.S. gun shops to report the sale of multiple rifles or “long guns.” Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.

Think about that long and hard. These individuals broke the law willfully with an intent to create “necessity” for their new violations of the law.  Their new violation of the law was the gun control they wished to implement itself as it is a blatant violation of the Firearm Owners Protection Act.

Many have attempted to vilify the gun shops in this case saying they should have just not sold the weapons.  What these people are refusing to acknowledge is the ATF, through their regulatory power, forced these shops to sell to people the would have otherwise not sold weapons to.

Seriously, go read the CBS article, it’s is yet further evidence that validates my conclusions in the root cause analysis.

To add the icing to the cake though, I am reasonably sure the White House was aware of this program given Obama is now exercising “Executive Privilege” over the material.  I have no doubt this was his “under the radar” efforts at gun control.  As Jennifer said, “no one died when Nixon lied.“

SSCC #350 & #351–Clayton County

  By Barron | June 20, 2012 - 04:11 | ,
2 Comments

The Clayton County sheriff has hired two of the former Atlanta Police Department officers who were fired in the aftermath and investigations of the botched and unconstitutional Eagle raid, according to a report by WSB TV.

The city had to settle the suit for over $1 million dollars.  That’s right those two individuals cost the city $1 million in tax payer funds* and they are now employed some place else to repeat the process.

It is not as if there wasn’t cause to fire them either:

Adams and Mayes tried to get their jobs back with the APD by appealing to the city’s Civil Service Board but the three-board panel upheld the firings in both cases.

But evidently the County sheriff feels that those are the type of men he wants around his citizens.

State Sponsored Criminal #350: Willie Adams

#351: Cayenne Mayes

Because when you lie and violate the rights of citizens that is perfectly acceptable for you to go work some place else.  It’s not like someone who exercises bad judgment should get a job in a different line of work.

*I realize that while tax payers foot the bill, ultimately it’s the insurance company paying out.  What the taxpayers will foot is the increased rates because of their actions.  In the end that actually has the potential to cost the public more than just the payout.

Quote of the Day–Joe Huffman (06/19/2012)

  By Barron | June 20, 2012 - 03:48 | , , , , , , ,
1 Comment

What is extraordinary here is that Issa didn’t have Federal Marshalls rip his jacket and shirt off, tie him face down on the table, stuff a copy of the subpoena in his mouth, give him 30 lashes with a bull whip, then tell him there would a whipping every day at 9:00 AM until he fully complied or his flesh had been stripped off and his bones were polished clean.

Joe Huffman – Extraordinary Offer

June 19th, 2012

[Personally I think Joe’s response would have been way too kind.  Give me a bucket, a rat, and a blow torch.  Some assembly required.  If you don’t know how it works, don’t worry about it, it prevents you from knowing how mean, evil, and sadistic my mind can be towards those who willingly endanger my friends and family in the name of destroying my rights.*

Don’t worry Joe, it’s not cruel or unusual.  At the time the Bill of Rights was written lashing was still a standard punishment on the high seas.  In fact so was keelhauling which I think would also be a fantastic venture for Mr. Holder. –B]

*In my defense, I would feel bad for the rat.

The Streisand Effect Strikes Again…

  By Barron | June 19, 2012 - 05:33 | , , , ,
3 Comments

If you’re unaware of the Streisand Effect, please educate yourself before reading further.

This isn’t a full blown drama llama, but we’ll call it a baby drama llama*.

Drama Llama Baby

So for those unaware, some idiot lawyer went and demanded money from The Oatmeal because The Oatmeal pointed out in a blog post that his client was stealing copyrighted material.  The Oatmeal replied in classic Oatmeal fashion.  You can also read a legal synopsis and prediction from the opening shots here.

Then FunkyJunk’s lawyer, a supposed whiz with things related the internet acted surprised at the response.  Charles Carreon then continued to flap his wings faster and with such ferocity that a hummingbird would not know how to keep up.  Though as of last Friday I figured the weekend would swallow him whole and that would be the end of his 15 minutes of fame caused by his stupidity.

I was wrong.  It appears that attempting to shutdown a collection for two non-profits wasn’t enough.  He now intents to force them to waste funds in frivolous litigation.  There’s a term to describe individuals who do things such as that, I believe it begins with a D and ends with a K.

Seriously, in what world where you commit numerous public relation disasters at the beginning is it a good idea to file lawsuits against two non-profits?  It is not a non-profits job to filter who and who does not raise funds on their behalf.  If I say I’m raising money for Soldiers’ Angels, that is me telling you where I’m sending the funds, that is not an endorsement by the non-profit.

So Charles Carreon feels it’s a good idea to sue the American Cancer Society and the National Wildlife Federation and then wonders why the internet has reacted the way it has.  Well, he’s wondering because he’s a clueless moron that wouldn’t know how the internet actually worked if all it was is two cups with a string in-between.

If Mr. Carreon feels that people are dehumanizing him, maybe it’s because those people don’t feel he’s actually human.  I think he’s a giant troll who bullies people and organizations with frivolous litigation without thought for the effect it will have on his fellow man.  His only thoughts are focused on how he can get people to stop pointing out how he’s an idiot.

If he hadn’t done anything this whole incident would have faded into obscurity but instead he doubled down on stupid.  Heck even after the response from the The Oatmeal just shutting up would have worked in his favor in allowing it to quickly blow over.

So in closing, Charles Carreon, you sir are a giant STD encrusted dick.  You’re actions and frivolous threats at the beginning were bad enough.  Now though you have proved your dickishness to the world by attacking two charities, one who’s sole goal is to the betterment and health of your fellow man.  Yeah, you’re not human, you’re a big fat dick.  Thank you for playing.

No I will not take this down because legally this is acceptable under the first amendment much to your dismay and displeasure.  I have provided facts and evidence to support my position, you and your legal threats amount to you throwing a tantrum like a 4 year old in a supermarket.  Grow up and act your age you spoiled rotten brat.  Besides the way to make stuff like this not happen to you is actually quite simple.  Don’t be a dick!

*I got pictures of llamas over the weekend and I need to use them so they get into the wild.  Winking smile

Fast and Furious, Root Cause Analysis

  By Barron | October 22, 2011 - 14:10 | , , , , , , ,
1 Comment

Currently Eric Holder is screaming that the cause of guns going into Mexico was because of a “lack of gun control.”  There’s one problem with that though, it is false.  Not only is that statement blatantly false but in light of the evidence, given Operation Fast and Furious, gun control is what allowed those guns to walk to Mexico.  While it may seem humorous and a joke, the fact is it’s true.

I have largely been silent on Fast and Furious for one major reason.  There are a lot of other people covering it better and more in-depth than I possibly could.

To start off for those who are familiar with the term, root cause analysis is something used in engineering to identify problems to come up with solutions that don’t just hide the problem.  Ultimately proper root cause analysis should trace the problem to a point where you can turn the issue on and off like a light switch.  Now we’re going to trace back through the events and find the point where we can turn this issue that would turn this problem on and off.

What was Fast and Furious?

Fast and Furious otherwise known as Operation Gunwalker, was an operation conducted by the ATF under the guise of busting Mexican drug cartels.  This was done by forcing FFLs to complete illegal firearms transactions, purchasing firearms and handing them over to known criminals, and otherwise circumventing current law for criminals.

The ATF didn’t just allow guns to flow into the hands of criminals, but actively encouraged the practice. They purposely cleared transactions that were flagged. They performed the straw purchases themselves, delivering the weapons to known criminals. They instructed dealers to go ahead with transactions the dealers could tell were not “honest”.

Often when agents had followed the firearms they were told by their superiors to let the recipients go and not to follow them.  All of these actions violated existing law, yet the cause, as purported by Eric Holder, was a lack of gun control.

How did gun control cause Fast and Furious though?

The most direct route is the fact that this whole program was done with the mind of expanding gun control.  New gun control legislation and powers were the motivator behind the program.  Even as the program crashes and burns, pushes for new legislation based of the inflated numbers of Fast and Furious keep appearing.  The results of the program were used to force the long arms registry and to bolster support for additional funding for the ATF.

However the actions of the ATF have common threads with different agencies.  It is all a quest for money and power.  So we have to look back further to where the ATF got the root of its power and what allowed them to use this power to try to gain more.

The ATF is responsible for overseeing FFLs and ensuring adherence to existing firearms laws.  The can put a business that works in firearms under faster than any other.  The agency can halt a FFLs license during an investigation which can easily put them out of business.  So when the ATF asks a FFL to do something illegal, there ATF has all the leverage to make the dealer comply.  The only other option is for the FFL to go out of business under the weight of the ATF.

The ATF gained this power and latitude under the Gun Control Act of 1968.  Unsurprisingly allegations of abuse led to the Firearm Owners Protection Act to attempt to rein in the ATF.  The FOPA also stated different registry’s were prohibited from being enacted or run by the ATF, one of which they are attempting in the wake of Fast and Furious.

The depth of the corruption within the ATF and its drive to seek power through runs even deeper back to the National Firearms Act of 1934.  This provided the ATF, which was under the department of the Treasury at the time, the ability to enforce the newly created firearms laws.  This law laid the foundation for what would become the power-hungry space the ATF occupies today.

Both the GCA 1968 and the NFA 1934 are both pieces of legislation made in the effort to regulate firearms and limit their ownership.  The ATF blatantly violated existing laws during Operation Fast and Furious and went through considerable effort to arm and traffic firearms to prohibited persons.  All the while the ATF was clamoring for more gun control.  However many law-abiding citizens were left jumping through the hoops and difficulties of the existing maze of firearms legislation despite the appearance of lax laws created by the ATF.

Conclusion, Gun Control is the root cause

The ATF completely disregarded existing laws and regulations in conducting operation gun walker.  Many of those coerced into participating were in a situation that allowed the ATF leverage over them because of existing gun control legislation.  The ATF during the operation was petitioning congress for more gun control legislation, which it would be responsible for enforcement.

The ATF was also petitioning congress for additional funding for two reasons.  The first was a claim of a lack of resources to enforce existing law, which was false since they were expending resources to actually circumvent it.  The second was that it would need additional funding for enforcement of the expanded programs.

The root cause of Fast and Furious is gun control itself.  Existing gun control legislation provided the ATF with leverage over FFLs to coerce them into transactions they knew to be criminal.  Gun control provided the ATF with the resources and power to organize and conduct the operation.  Lastly, gun control was the root cause of the operation itself.  The operation was conducted in an effort to create a crisis that would warrant the further restriction of firearms.  This restriction would either be that of ownership by law-abiding citizens, or that in preventing new purchase by a law-abiding citizen.

Without the GCA of 1968 the ATF would not have had the leverage over a FFL to coerce them into proceeding with an illegal sale.  Without the NFA of 1934 the ATF would have never been the power-hungry beast it is today.

To say that a lack of gun control allowed Operation Fast and Furious is like saying a lack of prohibition let the DEA allow drugs to be smuggled across the border.  Oh wait, bad analogy, the DEA took part in Fast and Furious too.

If a lack of gun control allowed Operation Fast and Furious then violating the law to commit a treasonous act of war against a friendly neighbor is lacking in laws as well.