Wednesday, November 20, 2013

The Rule of Law is GONE in America

Honest to God, this is the scariest thing I have read in a week. This isn't something that is SUPPOSED to happen; it ALREADY happened.

How you can go to federal prison as a "prohibited person" never having been a "prohibited person" ?

The Feds have been trying to get Mike Vanderboegh for years, because of his opposition to their tyranny, especially after he was instrumental (with David Codrea) in breaking the story on the "Fast and Furious"
Mike Vanderboegh
operation, in which Eric Holder's agents gave Mexican drug lords AK-47's, so they could blame it on American gun stores, in a desperate attempt to get total gun registration and confiscation in place.

Now Mike reveals what the Federal government did to one of his casual acquaintances (emphasis mine, Ol' Backwoods):
This particular Kafkaesque story of such abuse of federal power began, I believe, on 28 October 4 years ago with a praxis post on ALICE packs wherein I made the statement "I dropped into my favorite surplus store, AA Army Surplus in Leeds, Alabama." 
Several months later, in 2010, just about the time I posted this, the proprietor of AA Army Surplus and a veteran of the 82nd Airborne, Darryl Baxter, was approached by a local cop serving on federal-state-local "Joint Task Force" to try to set up a person on a STEN gun purchase. 
[Backwoods: assuming it's a full-auto Sten, unless Mr. Baxter paid the tax and filled out the forms, this would be a federal felony to buy.] 
Mordor-in-DC notices Mr. Baxter
He refused. That, plus his acquaintance with me, was enough to stir the wrath of Mordor, and the great eye of Sauron turned its attention to the case of Darryl Baxter. 
In doing so the Feds discovered that Darryl had pled guilty to a state misdemeanor years before, and Darryl was given paperwork reflecting that fact. But when the case was entered into the state data-base it was incorrectly entered as a felony. Indeed, the original state paperwork after the archivist got done showed both "misdemeanor" AND "felony." 
Worse, and you would think that this wouldn't have met the smell test at the US Attorney's office, the state actually never filed information in lieu of a conviction. So, not only was he never convicted of a felony but the information of the misdemeanor was never filed. But, as Darryl relates, "the Feds said that it was up to someone higher to determine that." 
Again, let me repeat, Darryl had pled guilty to a misdemeanor not a felony and had paperwork reflecting that fact. But this clerical error was enough to give them the pretext of raiding Darryl's shop, where he had previously sold firearms from his personal collection, as a "prohibited person" doing business in firearms.
[Backwoods: "prohibited person" is language from the 1968 Gun Control Act.]
As it turns out, they raided him no more than five minutes after I left his shop, and, just minutes into the raid, they began asking him questions about me. 
They arrested him, of course, and seized the firearms on the premises. Then they went to his home and seized the rest of his collection, including weapons belonging to his wife and son. 
Darryl was advised by his attorney that he was sure the mix-up would be corrected and that "the last thing he needed was publicity." So, at Darryl's request, I remained silent. For three years, as the case wended its way through the courts, state and federal, I remained silent though it was against all my instincts. Until now, when Darryl has finally given me his permission to write about the case. Long story short, Darryl's attorney was unable to get the state to correct its mistake before the federal trial, where -- the fake felony still standing as fact -- Darryl was swiftly convicted. He is currently ordered to surrender to federal custody on 2 December.
The latest update comes from Darryl:
"The State prosecutor tried to get the State Appeals Court to dismiss our case with them. The Appeal Courts told them no, and that the lower judge had to have a ruling by Dec 3. So that is a positive sign. The Appeals Court sees merit in my case. So right now, we are trying to get a Federal extension on turning myself in."
I WEEP for my country.  My God, we're gone.  We're all gone.  It's all gone.  The rule of law, the presumption of innocence, the right to a [correct] writ of habeus corpus, the right to keep and bear arms, the Constitution itself, the Republic.

It's all gone.

The question is: what do we do now?


UPDATE: A comment at SipseySt Irregulars:
I kept waiting for the part "and then the case was dismissed." As a former prosecutor this is the most terrifying thing I have read in recent memory. 
If you came into my office and told me this story, I'd do my best to stifle a laugh and then politely explain to you that you must be mistaken. I'd say that you must have misunderstood the facts of the case and that your friend cannot be awaiting his surrender to a federal detention center due to a paperwork error. 
"Why" you'd ask and I'd say what you just described cannot happen in our system of justice. It is basically impossible and on par with our sun becoming a red giant as we meet: possible, but it's just not going to happen. As jacked up as the process is, (here I'd talk about the Reese Family) there are just too many avenues of relief built into the system to allow a person to actually be convicted under Baxter's scenario.

For one thing, no prosecutor in the US would risk their rep on such a horrendous case of open and obvious reasonable doubt. 
Moreover, no judge would let the case survive either at the pre-trial stage or a Rule 29 motion .
Finally, no jury could find beyond a reasonable doubt when the government's own evidence shows misdo and felony on the same record. 
If you continued to insist the facts are true, then I'd tell you either Baxter's attorney must be summarily disbarred and investigated for taking a bribe from the government to throw this case, or this country is currently operating Roland Freisler-style People's Courts and all hope is lost.

So Mr. Vanderboegh, please tell me you forgot to mention Baxter's attorney was arrested by the FBI for taking a bribe to throw this case so we don't have to absorb the idea that we can be arrested without a legitimate basis and then subjected to prosecution within a court that intentionally disregards all notions of justice and fair play.
Uh, negative, Ghost Rider.

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