High court challenge to NDAA martial law plan –


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After the string of black Suburbans pulls away, it is difficult to believe that the military would provide relatives or lawyers with any information whatsoever as to where the person being detained was being held.”

WASHINGTON – Most people have no idea that within days, they could be rounded up by U.S. military troops, held without bond – or charges – unable to communicate with family or friends, and without the benefit of counsel following the Supreme Court’s refusal to review what a panel of activists have labeled a “clearly unconstitutional” version of the National Defense Authorization Act (NDAA) of 2014.

While most Americans sweated out whether Duck Dynasty’s patriarch Phil Robertson would get to continue his run as Cabela’s factotum of conservative backwoods wisdom, 85 out of 100 U.S. Senators quietly fast-tracked a systemic method of totalitarian military authority into play.

The 2014 version of the National Defense Authorization Act (NDAA) will grant the President unconstitutional authority to “arrest, kidnap, detain without trial and hold indefinitely” American citizens thought to “represent an enduring security threat to the United States,” according to lawyers who are pressing the Supreme Court to change their minds.

A blue ribbon panel of plaintiffs spearheaded by journalist Chris Hedges filed a friend of the court brief that asserts, “If this court refuses to hear the Hedges Challenge, it will leave American citizens subject to unconstitutional military arrest and detention.” Their rank includes such luminaries as Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alex O’Brien, Kai Warg All, Brigitta Jonsottir and the political action group “Day of Rage.”

They are now suing the government to stop the enforcement of a law that grants presidential authority to detain anyone who is deemed a troublemaker, or a threat to national security.

The terms are actually that vague. That is despite what the president himself said at the time of the middle-of-the-night hurry up session that passed the law to start with. “It’s clearly unconstitutional,” Hedges says of the bill. “It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing.”

Although President Barack Hussein Obama made palliative noises at the time, “Simply stating that means it could be interpreted as the contrary,” according to veteran journalist Bob Unruh, of “World Net Daily.”

The law would authorize executive actions similar to the 1944 detention of Japanese-Americans and confiscation of their property and goods.

In the Second U.S. Circuit of Appeals, justices overturned a ruling of the trial court in the Southernn District of New York when the trial court, on Sept. 12, 2012, U.S. District Judge Katherine Forrest of the Southern District Court of New York ruled in favor of the plaintiffs and placed a permanent injunction on the indefinite detention provision.

Obama then appealed, and the 2nd Circuit authorized the government detention program.

Since the law passed, multiple states have passed laws banning its enforcement. Herb Titus, a constitutional expert, previously told news outlets that Forrest’s ruling underscored “the arrogance of the current regime, in that they will not answer questions that they ought to answer to a judge because they don’t think they have to.”

The judge explained that the plaintiffs alleged paragraph 1021 is “constitutionally infirm, violating both their free speech and associational rights guaranteed by the 1st Amendment as well due process rights guaranteed by the 5th Amendment.”

She noted the government “did not call any witnesses, submit any documentary evidence or file any declarations.”

It must be said that it would have been a rather simple matter for the government to have stated that as to these plaintiffs and the conduct as to which they would testify, that [paragraph] 1021 did not and would not apply, if indeed it did or would not,” she wrote.

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Free on writ, lover kills victim with her own gun

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Around the close-knit Bohemian community of Tokio Loop Road, David Zahirniak had acquired a reputation for being the kind of man who likes to watch children committing lewd acts.

He admitted as much to arresting officers when they learned from two small children’s father that he walked in on them while caring for them and found them acting out sexually. He then encouraged them to continue, according to the children, who told their father.

Though he was charged with three counts of aggravated sexual assault of the two children in 2008, those charges lost their thunder when 19th Criminal District Court Judge Ralph T. Strother reduced his bond from $455,000  to the terms of a personal recognizance bond due to delay in prosecution past 90 days. Authorities released him on a writ of habeas corpus.

When on March 21, 2014, he attacked Caitlyn Reed with a cane at her home at 1363 Tokio Loop, he left her bruised at hip and thigh, her arms similarly marked. When police summoned an ambulance to take her to the hospital, he left his home in nearby West to intercept the emergency vehicle, attempting to ram it on its route to the hospital. At the time, McLennan County Sheriff’s Officers noted that he left a message on his victim’s phone, threatening to rape and beat her for her calling them to her rescue. He faced an aggravated assault charge with enhancement by a deadly weapon, his bail set at $150,000, later reduced to $100,000, until on August 29, Judge Strother released him on his personal recognizance due to a delay in prosecution.

Following that incident, according to published reports, she took a .40 cal. Springfield XD semiautomatic pistol from her family’s home, hoping to use it in her own defense. Zahirniak found the weapon and returned it to her parents, but she again obtained it from their home and took it with her.

When officers walked in on the scene of her murder on April 5, it was at the call of Zahirniak, who claimed he found her shot dead, lying in her bed with her back facing north. He claimed she was possibly a suicide victim. They found the same weapon on the floor next to her bed, one fired round ejected, and other live rounds still available.

Deputies disbelieved him. According to Capt. Bubba Colyer, “Based on trajectories of the fired round and or rounds that we found at the residence they were not consistent with the initial story that was told to us by the defendant.”

Zahirniak is charged with the murder of Ms. Caitlyn, jailed on $100,000 bond. His alleged victim is survived by two small children whose father is now caring for them.

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Apple’s cop kill switch

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The tree of knowledge is now shielded from all usurpers who would upstage God, piss off police, or take any embarrassing pictures or video of folks doing things they might not like to explain.

Apple, Inc., has patented a new zap gun that will allow authorities to disable any smartphone from recording pictures, video or audio.

A ‘kill switch’ technology that works through mobile networks, Bluetooth, Wi-Fi, or GPS is able to send an encoded signal that can selectively shut down features of smartphones within range.

It all depends on what kind of policy needs to be enforced. Though the globe-straddling corporation said its new technology, which builds an “electronic fence” around any particular area, is available for protection of trade secrets, security information, or copyright, Apple goes much further.

After all, the kill switch is for sale.

In the patent application for U.S. Patent No. 8,254,902, Apple explained, “…covert police or government operations may require complete ‘blackout’ conditions.”

As wireless devices such as cellular telephones, pagers, personal media devices and smartphones become ubiquitous, more and more people are carrying these devices in various social and professional settings,” the corporation explains in the patent.

“The result is that these wireless devices can often annoy, frustrate, and even threaten people in sensitive venues.”The company’s listed “sensitive” venues so far include mostly meetings, the presentation of movies, religious ceremonies, weddings, funerals, academic lectures, and test-taking environments.

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Burglary nets life term

Clock watching

Clock watching a big bitch jury selection

Hill County, Texas – By the time police came to Bravern Ray Winston’s rescue in a residential Hillsboro neighborhood where a crowd of people were pelting him with beer bottles and rocks through the open windows of his car, he was already facing enough charges to put him away for life. That was on May 26, 2013.

After doctors and nurses x-rayed the multiple contusions and bandaged the numerous abrasions to his head and chest, deputies took him to jail, where a Justice Court Judge charged him with a second burglary of a habitat, the same charge for which he had already been indicted May 21. With three prior convictions for a burglary offense, an injury to a child, and an additional felony escape arrest, he was facing an array of possible prison sentences of 2 to 20 years; 5 to 99 years or life; or 25 to 99 or life, each with an additional $10,000 fine.

When the cops showed up, people were reacting to their rage that in his haste to escape the hue and cry, he nearly backed his car into a pedestrian. Police then arrested him on sight with an unaided warrant. Their arrest affidavit without warrant stipulated an additional charge of aggravated assault of a woman at her residence, noting the use of a deadly weapon.

He has yet to face a jury for that charge.

An 8-woman, 4 man jury found him guilty of entering the home that prosecutors identified in the burglary case being tried on the indictment returned on June 21, 2013; they found he had the intent to steal the belongings of its residents. They didn’t take long to convict him.

When they entered the punishment phase of the trial, they took even less time to assess a sentence of life behind bars. Known as the habitual offenders’ enhancement to felony offenses, convicts call that sentence “the big bitch.”

It was not a surprising event. During the questioning of the 80-person venire the previous Monday, Assistant Prosecutor Nicole Crain described the large array of possible sentences for the offense charged, but did not mention his previous convictions.

Something clicked in that group’s mind. They began to think as a unit.

As she questioned the entire venire whether they thought prison sentences should be aimed at rehabilitation rather than punishment, only 12 of the jurors indicated that they thought prisons are built and operated for any purpose other than to punish the offenders. Of those who said they think rehabilitation is a prime consideration in a criminal sentence, the majority qualified their remark by saying that they feel rehabilitation is plumb off the table in the cases of offenders with previous multiple offenses.


That’s the chance you take with a jury. The defense made a motion to have the jurors assess punishment in case of a conviction. Winston went through two other defense attorneys before he settled for the court appointment of Steve Keithley, a Corsicana lawyer, who has entered an immediate notice of appeal.

Numerous handwritten notes that Winston wrote to 66th State Judicial District Judge F. “Bob” McGregor are bradded into the record of the trial, most of them requesting dismissal of his attorneys. In one, he wrote that he wanted to get a new lawyer “because the court appointed attorneys aren’t working in the defendant’s best interest, and I’ve got too much knowledge of the law to let one not defend me to the best of my knowledge…I’ve got more than enough proof to show any jury in the United States the DA is indicting people off the police reports only.”

Winston lost his chance for a pre-indictment examining trial on June 25, the day before his arrest in the case of the aggravated assault on a woman in her home, when the Grand Jury returned a true bill of indictment on June 21, four days prior to the date of the examining trial.

Asked about Winston’s record of numerous offenses, Justice of the Peace John Milburn shook his head and said in a resigned tone, “Well, I magistrate 9 out of 10 of the charges over at the jail.” Then he thought about his career of more than 4 decades, at least half of which he has served as Justice of the Peace. “Over the years, every time I look up, it seems, there stands Bravern Winston… And, yes, it’s true, I did once lower his bail.”

The motion Hillsboro attorney Dwight Carmichael filed to plead for Winston’s release on lowered bail described the figure of $120,000 as an amount both excessive and in contravention to the Texas Code of Criminal Procedure, which declares bail amounts may not be so high as to be punitive.

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