-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: August 9, 2007 2:31:07 PM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Are We Living in a Police State? Don't Ask the Police.
Rushing had just watched a video on the subject of America's
deterioration into a "police state," starring Texas Congressman Ron
Paul, aired by C-Span on national television. He made a copy of
the C-Span show and dropped that tape into the mailbox of his
neighbor, a State Trooper.
Soon after, Rushing was pulled over on his way from work by Trooper
Dobbs. Dobbs went through the usual procedure, asking for drivers
license, registration, etc., after which he slapped handcuffs on
him. Since there was no probable cause relating to traffic
violations, Rushing asked what he was being arrested for. Said
Dobbs: "You're being arrested for terrorist threats.”
http://www.infowars.com/print/ps/cw_rushing_update.htm
Disagreeing with Soviet-style police powers, a Lyon County KY Jury
found Kelly Rushing NOT GUILTY of terroristic threats. What's
incredible is that this even went to trial. The moral of the story
is: many police officers are willing, and way too eager, to put
citizens in jail just for holding unpopular political views.)
Mayfield KY Post Commander Should Tell His Troopers about
the First Amendment, Fourth Amendment, and Probable Cause
LYON COUNTY JURY SAYS NOT GUILTY
BY BOB FARLEY
April 13, 2004
COURTWATCHERS SENIOR REPORTER - COURTWATCHERS.ORG
Carpenter Kelly Rushing thought he was doing a good thing when he
bought some video tapes from Alex Jones Productions, a firm in
Austin , Texas that produces and markets what they call films
exposing “The New World Order.” Clearly Jones could be classified
as a Right Wing Conservative for his views on the deterioration of
the country under Bill Clinton and others like him. He has a right
to do that under our Constitution. Rushing also taped a C-Span show
in which Congressman. Ron Paul gave a talk titled Neo-Conned in
which he detailed governmental corruption at all levels..
Similarly, Kelly Rushing is no different than many Americans
concerned about the direction their country is going and a man who
wanted to do something about it if he could. So Rushing bought
several of the Jones tapes so he could pass them around to his
friends, a practice that Jones encourages on his web site
InfoWars.Com where Jones specifically encourages his customers to
make copies of his tapes and pass them along to others for “ non
profit educational purpose .” Mr. Jones is not greedy in his
selling of freedom and democracy and he is allowed to do be that way.
One of the films titled “ 9-1-1 , The Road to Tyranny ” describes a
potential Police State and the threat of such a state. Mr. Rushing
had already passed the Jones video along to several of his friends,
including the Lyon County Prosecuting Attorney, Wendell Chope. PA
Chope viewed the tape and returned it to Rushing with the comment
that it was “ it was interesting ” and he “ enjoyed it .”
There came a time when Rushing thought it would be nice to give the
911 tape as well as the C-Span tape to local Kentucky State Trooper
Lewis Dobbs. Mr. Dobbs is a young State Trooper working out of the
Mayfield Kentucky Post in western Kentucky south of Paducah . So
Rushing slipped the tape into the Dobbs mailbox one afternoon. Mr.
Rushing did not go out “stalking” the state trooper as the trooper
seems to believe. He drove past his house nearly everyday and it
was well known by many persons where Trooper Dobbs lived.
Rushing pointed out that there was another tape aired by C-Span on
national television on the same subject, with Texas Congressman Ron
Paul and a 45 minutes discussion on the subject of a police state.
Rushing had a copy of the C-Span show and he also put that tape
into Trooper Dobb's mailbox.
Within a week or two, Rushing was pulled over on his way from work,
by Trooper Lewis Dobbs. Dobbs went through the usual procedure,
asking for drivers license, registration, etc., after which Trooper
Dobbs slapped his handcuffs on him.
Since there was no probable cause as to his motor vehicle
operation, Kelly asked Dobbs what he was being arrested for, and
Dobbs said, you are being arrested for “giving me that tape. You
are being arrested for terroristic threatening.” The trooper also
asked Kelly, “Why did you threaten me? ” Kelly answered, “I never
threatened you.” In his zeal, Trooper Dobbs never got around to
reading the “tape desperado” his Rights.
Sitting in the patrol car, Rushing heard Trooper Dobbs call his
wife on his cellular phone to report , “I have captured the tape
delivery boy and I have him in my back seat.” Mr. Rushing has told
this reporter that a later reply of the troopers tape recorded
words during those minutes seems to have been altered in some
manner and is unintelligible . Wow! Celebration! Another dangerous
desperado is off the streets thanks to Kentucky 's Finest. Thus,
did Trooper Lewis Dobbs crush the First Amendment and Kentucky Law
that day.
In fact, Kentucky Statute 508.080, the law under which Trooper
Dobbs arrested citizen Rushing, has no language in it that even
vaguely describes the conduct of Kelly Rushing, passing out
patriotic tapes, or tape copies of national TV broadcasts such as
Congressman Ron Paul on C-Span. The statute is very short and is
copied verbatim as a footnote to this story.
At his first appearance in court, Rushing remained confused and
once again asked why he was arrested.
Judge William McCaslin said, “You are being charged with giving
trooper Dobbs a threatening video.” Obviously, the good Judge had
never read Kentucky law on the matter or he would have answered,
“Case Dismissed ” instead. The good judge does have a sworn
obligation to obey the laws of Kentucky , including the U. S.
Constitution. That day in court, he did neither. In fact, Rushing
had also been charged with two counts of menacing which were soon
dropped by the same prosecutor who had earlier told Rushing that he
had “ enjoyed ” the tape. Rushing was also asked to plead guilty to
harassment, an obvious attempt to get Trooper Dobbs out of the tar
baby he was stuck in, but Rushing refused to make such a plea and
elected to go to trial instead.
In fact, the United States Postal Service does have a regulation
that forbids putting uncanceled mail into postal boxes, but such an
offense is normally met with only a nasty letter from the Postal
Service telling the offender to stop doing that and do not do it
again in the future. Trooper Dobbs never reached for assistance
from the Post Office.
Kelly Rushing is going to trial Monday, April 12, 2004 at 1:00 PM
if the judge doesn't dismiss the case before then. Rushing's
attorney Luke Quertermous was unwilling to discuss the case with
this reporter except to say it was a First Amendment case and he
would give it his best shot.
If convicted, Rushing is faced with a $500 fine or One Year in
jail, or both. This
reporter thinks Judge McCaslin should dismiss this atrocity
immediately before he is reversed by the Appellate Court and
charged with a violation of the Judicial Code of
Conduct, as well. Jones Productions also markets a video titled
POLICE STATE 2000 . With these kinds of shenanigans going on, it
might be time to send that one to the trooper, the Prosecutor and
the Judge too. Everything fine in Amerika?
Footnote:
Kentucky Statute 508.080. Terroristic threatening in the third degree
• Except as provided in KRS 508.075 or 508.078, a person is guilty
of terroristic threatening in the third degree when:
• He threatens to commit any crime likely to result in death or
serious physical injury to another person; or
• He intentionally makes false statements for the purpose of
causing evacuation of a building, place of assembly, or facility of
public transportation.
• Terroristic threatening in the third degree is a Class A
misdemeanor.
RELATED STORY :
See InfoWars.Com and Courtwatchers.Org for the story of an Alabama
Judge who falsely arrested a man for erecting a sign in his front
yard.
It seems like an epidemic, breaking out all over -- police and
judges just arrest people they do not agree with, falsely charge
them with something (almost anything at all will do) and lock them up.
So much for probable cause, the First Amendment and The Fourth
Amendment.
The 1938 Waffen SS Legal Officers would swell with pride.
THIS STORY RELEASED TO INFOWARS.COM BY COURTWATCHERS ALLIANCE USA
Get a sneak peek of the all-new AOL.com.
www.ctrl.org
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