My husband (D1kTater) has been kidnapped by the coweta county sheriffs office, with an outrageous charge of terroristic threats and acts. All for a Facebook comment talking about the punishment for treason in the constitution. (See below) They arrested him at his jobβ, have broken many civil rights of his, intimated him in his "interview", have been mishandling paperwork, giving multiple case numbers to my lawyer, also jerking her around and prolonging getting anything filed, or talking to anyone. They denied him bond because they consider him "a threat to society, afraid of his Marine Corp training, and I kid you not that "they've seen big groups of Marines go after one guy" my husband was a helicopter mechanic in the Marine Corp, not a grunt. They also admitted to not having a bond denial order when my lawyer asked for it. My husband was the sole provider of our family for five years straight (more years in the Marine Corp) and now we're fucked. My husband doesn't have any violent criminal histories, his ties to the community was strong, and what he said wasn't a textbook threat in the state of Georgia. Our two children are confused and crying everyday/night for their father. They're trying to say that preliminary won't be until April 4th, and in articles it says Dec 25th for a trial. They haven't even excepted our bond motion yet, and it's been days. I need support from everyone! This isn't right, and we need him home! I've turned my walls to gold to bring him home again. If I remember anything else, I will post more in the comment thread of this. My husband really needs the support of all of us! The real threat has been from coweta county and the sheriffs against our family physically, mentally, emotionally, and financially. I have NOT been personally contacted by anyone in the county, nor any of the articles that have thrown his name in the dirt.
Always state that they should be executed for treason if and only if they are convicted of said crime after being afforded due process, including notice of the charges against them, the ability to be present at trail and to present a defense, and a right to a jury.
Alternatively, state that the federal and state constitutions should be amended in accordance with the procedures provided there in such as to allow for summary execution.
@pressesctogobackthis is horrible. Iβm so sorry to hear this. School boards are out of control and he was right. Treasonous snakes. Praying for a resolution that heals your family.
"The guy that killed my sister is guilty of murder and deserves the punishment for the crime, which is death"
"The guy that stole my truck is guilty of grand theft auto and deserves the punishment for the crime, which is restitution and imprisonment"
"The guy that committed treason against the American people is guilty of treason and deserved the punishment for the crime, which is death"
The death penalty is legitimate and should be used where appropriate. Advocating for its use within our legal framework is expressly protected speech. Advocating for laws to change to apply the penalty to other crimes is protected speech.
I maintain the position that a reasonable person would infer due process when reading that statement and not interpret it as vigilantism, as prefacing every statement advocating punishment with a summary of due process is not the common manner of speech, much like the "in Minecraft" suffix for a similar exculpatory purpose.
The assumption that vagueness in speech should be interpreted in a way that' makes an expression illegal is an extremely unreasonable one, as it potentially makes all expressions criminal due to what may have been omitted.
It can and has, as we have witnessed, taken plain expressions such as "i hate jews" which on its face is not criminal, and apply unfair context of what people THINK it means, not what was actually intended - being a simple complaint.
Even so, advocating for criminal behavior is protected speech under the ruling of Brandenburg vs Ohio. Even if he was advocating for vigilantism, which is statements on their face is not doing, it is still protected speech.
Unfortunately, we live in a time when process is used as punishment. Thus, I'd just be extra careful, so as to avoid such maneuvers by the state or to have clear recourse if they use prosecution as a pretext to violate civil rights.
What I've discovered fighting the state on numerous occasions is that courts tend to back the state, however ridiculous. The seminal cases on civil rights cases are generally the exception to this rule. They are very rare, and take a lot of process to be rendered.
Ehh fedposting is something I'm not cool with especially in today's political climate but in my own interpretation of the law in this regard, he absolutely passes Brandenburg vs Ohio. I expect this to go absolutely nowhere, but if it does, it spells big problems for the future of free speech.
@tyler@freddie_the_fed@pressesctogoback A lesson that can learned here is that the sheriff should be installed by all the good ole boys in the county. If I lived on the mainland, I would control who became the sheriff of my county.
All these people saying "uh uh distrust the government, uh uh they love niggers and faggots and le jooz more than Whites, uh uh the government is evil" need to act like it and stop acting like the government's going to play fairly against them if they actually believe the actual facts that they're spewing. The response to "we're being persecuted" is not "guess I need to talk about how we need to execute people on Facebook."
Whether or not it's criminal, whether or not he's right or wrong, really not interested in that debate. If you know your government hates you and wants to crack down on people with your beliefs, why in the ever-loving name of Hell would you do something so stupid? Why would you endanger your family like that when you know that the government that plays unfairly does shit like this all the time? Where's the disconnect in the guy's brain?
He overplayed a boring, repetitive, internet tough guy hand, and the house came to collect. This is a matter of stupidity. Just like it was back with the assholes on Gab.
The main issue as I see it is there is loads of these remnants from the Obiden era. The school board and state has direct contact with the police to enforce tyranny. They used that force to throw dads in jail who had some complaints about their children being abused in the schools. All those people still exist and are even more hysterical after the election. They want to maintain their little kingdoms and will become ever more irrational and tyrannical as they fear losing power. Best to not stand out too much for the time being
Hope he makes it through it, if lucky someone on here might know someone to get it more attention. The system is going to lie about him to drag his name.
I think it's all very nuanced. I think in these times, and truly public political expression from this side needs to be made in a sophisticated fashion, so as to bring light upon the problem, including making the problem bring itself into the light, and in the eyes of those who don't already see it.
Shitposting is fine within a closed community and to humor each other, but when you're targeting an audience beyond the periphery of fraternization, you gotta sell it subtly with a pile of shoes.
I completely agree. Like i told owl, i wasnt talking about wisdom, just an extension from my personal experience on the topic.
My primary reason for even having a take is to prevent the "well he broke the law so he deserved it" reaction from the defeatists among us from poisoning support for someone who simply was unwise.
@tyler@Humpleupagus@freddie_the_fed@pressesctogoback My favorite mexican jew lawyer can correct me if I'm wrong but part of the "two prong test" the star chamber dreamed up for themselves relies on the imminence of the statement, which I don't read here. Like Tyler, I believe referencing "treason" implies a trial, as treason is a Constitutionally defined crime against the state (where the punishment is explicitly death).
Regardless, I cannot pass on any presented opportunity to post this:
I agree, but the problem is that we are in the era where process is the punishment. You can win at trial and still lose everything. Thus, I think any statements made should be so clear that the judge will be obligated to dismiss the charges on their face, i.e. don't leave any questions of fact for the court to decide.
@Humpleupagus@tyler@freddie_the_fed@pressesctogoback Of course. The locality of this particular instance is also probably of consequence. The process will most definitely be his/their punishment, but he wins on merit IMO.
As a retard who makes inflammatory posts online using his real name, I agree that articulate phrasing is key.
Hopefully he didn't talk to the police during the "interview".
@tyler@Humpleupagus@freddie_the_fed@pressesctogoback Every year or so I spend a few days playing interrogation footage as background noise. Crazy how often cops and lawyers talk to cops despite being intimately aware of how the game is played.
In many cases it probably isn't a bad idea to communicate with cops, but an attorney needs to be the one doing that, lest you misspeak and give them ammunition to build a case against you (citing your own words).
In every case with two sides and a resolution, there's usually one side that wins and one side that loses, and the guys who lost often thought they had a chance at winning, so the world is just messy sometimes.
I do a lot of corporare / business practice. Often times things settle well before anything is even filed. Good counsel can assess the risks and value settlement, and good clients are pragmatic and take risks into account and cut their losses.
If I go to court one of three things are typically true, (1) there's a serious dispute on which liability turns, (2) my client's an idiot, (3) the other guy or his counsel are idiots.
I read these sentiments all the time in articles about self defense from attorneys. The cops want to catch you immediately after the incident, while you are still in an emotional state and not thinking. You simply tell the cops you are willing to speak to them after you have spoken to an attorney and SHUT UP.
When I get arrested for wrongthink, I'm telling 'em I ain't talkin until they get me my mexican jew fediverse elephant lawyer, and if he doth protest "I don't do criminal defense" that they are to arrest him for the crime of being a lawyer.
To avoid given away specifics, so as to not doxx myself, I once had a case where I was 100% correct on the statutory interpretation on a state statute and had state precedent within the same code establishing it. The appellate court ignored the precedent, used out of state "persuasive" cases, and then depublished the opinion. The court knew if they adopted the correct interpretation, there'd be a plethora of suits to follow across the state and probably $100,000,000 + in illegal penalties reversed Absolute black pill moment.
Several years later, I actually had a big firm attorney from so cal contact me for my work product, because he thought my theory was 100% correct and wanted to bring it before a different appellate court. I gave him what I had that didn't breach client confidences. I never heard further and never looked tbh. But that felt good.
In another statutory case, the trial court relied on a comma in a separate statute to interpret the challenged statute for the state. Before I could appeal, the state settled and took nothing, and then the legislature amended the statute so it did what they alleged it did from the start.
There's actually a trick in California that very few attorneys know.
Under the rules of court, you're really not supposed to cite unpublished opinions, but under our state constitution, the evidence code is superior to the rules of court. The evidence code allows for judicial notice of court records. The unpublished opinion is a record of the court. So what you do is request the court take judicial notice of the opinion and then cite it in your brief.
There is no law here. Our appellate jurisdiction is all fucked up re precedent.
In the federal system, the district courts must follow the decisions in their direct appellate line.
In state court, the trial courts can choose to follow any appellate court, even if contrary to the direct appellate court, so judges can make monsters from nearly whole cloth.
But to be honest, for the common person, litigation is rarely worth it. It's expensive, heart wrenching, and time consuming.
Thus, I prefer the client who comes to me before he has a problem, so we can plan and navigate, compared to the client that expects me to play cleanup.
In all seriousness though, would you rather work with people who look ahead and want to strategize, or the people who wait until an avoidable problem is at their door step and then run to you for solutions. I'd rather work with the former. I actually enjoy moving pieces around the board, and not cleaning up chicken shit.
My problem with litigating on principle isn't litigating on principle. It's just that most people who want to do that don't actually listen and then decide to proceed. They're usually emotional, or stupid, think they're lawyers, and are a risk to me personally βthey're generally the type of people who will sue for malpractice or report an attorney to the bar for bullshit reasons and waste a lot of time. I've actually been sued once by such a party, so I counter-sued for fees, and won. It still cost me 40+ hours of time.
On the other hand, and rare, are the people that pay money to sweep the competition or make a point with full knowledge of their decision. I don't mind those guys, but again, that's rare.
I'll litigate a contract all day long. That's not principled, that's just an agreement. If you didn't pay for the widgets, pay up or get fucked. It's really that simple. The only time it isn't worth it is if the debtor is broke and there's no expedition he'll ever have money, or if there's no attorneys fees clause and the amount in dispute is less than expected fees (yes, people have come to me with such contracts).