Category Archives: The Courts

SCOTUS Legalizes ID Theft (While Gun Owner Is Nabbed)

Crime, Criminal Injustice, IMMIGRATION, Individual Rights, Justice, Law, The Courts, The State

The Supreme Court has “ruled in favor of an illegal alien convicted of using false social security numbers, reports BILL TUCKER for CNN’s Lou Dobbs.

“The court said an individual using a false identity cannot be charged unless prosecutors can prove that the individual knew in advance that the identity belonged to a real person. … Do you feel better knowing that it is now legal for an illegal alien to steal your identity if he or she doesn’t know it’s yours?”

“The courts ruled differently in the case of a Wisconsin gun owner, David Olofson remains in prison for something he didn’t know that his malfunctioning rifle would be classified as a machine gun by federal authorities.”

BILL TUCKER, CNN CORRESPONDENT: David Olofson will remain in the federal penitentiary where he’s been for 10 months. He must complete his 10 to 30 month sentence for illegally transferring a machine gun. Olofson lent his AR15 rifle to a neighbor to shoot on a target range, the semiautomatic gun fired a couple of multi-round bursts after firing hundreds of rounds of single shots.
Instead of simply seizing the gun or ordering its repair, Olofson was put on trial, convicted and given a jail sentence. The judge at his trial said he had shown he was ignoring the law and had considerable knowledge of machine guns. The seventh circuit court heard his appeal in January and now has affirmed his conviction. It’s a ruling that gun rights advocates call chilling.

DAVID KOPEL, INDEPENDENCE INSTITUTE: The taking away if the Bureau of Alcohol and Tobacco Firearms wants to enforce the gun laws against you with the utmost stringency the courts are not going to provide any protection.

TUCKER: Part of Olofson’s appeal rested on the argument that his gun malfunctioned, therefore it didn’t fit the definition of a machine gun, but the jury, following the judge’s instructions, convicted Olofson.

PROF. MICHAEL O’HEAR, MARQUETTE UNIV. LAW SCHOOL: There is a very high degree of deference to jury decisions.

TUCKER: The court did not accept Olofson’s argument that he did not know he had a machine gun.

“On the same day, the Supreme Court threw out an illegal immigrant’s conviction for identity theft saying the government had not proved that the man knew the documents he received were false.”

KRIS KOBACH, IMMIGRATION ATTORNEY: It is interesting that the two opinions come down on the same day. The Supreme Court said in the case of the immigration identity theft statute, knowingly means knowingly and you have to know you stole a specific person’s identity.

[SNIP]

As I’ve said, “I know I can always rely on America’s deracinated elites to elevate the interests of the enemy above those of the people. In other words, I trust the government’s untrustworthiness. When it comes to breaching the public’s interests, the government’s track record is better than good.”

Still, the American state takes treason to new heights.

‘Sex, God & Greed’

Christianity, Criminal Injustice, Journalism, Media, Pseudoscience, Psychiatry, Psychology & Pop-Psychology, The Courts

In 2003, Daniel Lyons, in Forbes, hashed out all there is to say about the sexual-abuse shakedown to which the Catholic Church has been subjected. It’s worth revisiting this exceptional exposé, now that the Roman Catholic Archdiocese of Los Angeles, lamentably, has decided to capitulate, rather than fight a racket facilitated by courts that are conduits to theft. Writes Lyons:

“….The focal point of this tort battle is the Catholic Church. The Church’s legal problems are worse even than most people realize: $1 billion in damages already paid out for the victims of pedophile priests, indications that the total will approach $5 billion before the crisis is over… The lawyers are lobbying states to lift the statute of limitations on sex abuse cases, letting them dredge up complaints that date back decades. Last year California, responding to the outcry over the rash of priest cases, suspended its statute of limitations on child sex abuse crimes for one year, opening the way for a deluge of new claims. A dozen other states are being pushed to loosen their laws.”

“’There is an absolute explosion of sexual abuse litigation, and there will continue to be. This is going to be a huge business,’ MacLeish, age 50, says. A Boston-based partner of the Miami law firm of GREENBERG TRAURIG (2002 billings: $465 million)…”

Lyons and Dorothy Rabinowitz of the Wall Street Journal are the only writers I know of to have pointed out how many of these class-action claims are, if not bogus, backed by the discredited excavation of false memories. (See my “Repressed Memory Ruse”):

The repressed memory hoax “…. relies on a controversial theory that has split the world of psychology into bitterly opposing camps for more than a decade: the notion that people can wipe out memories of severe trauma, then recover these repressed memories years later…
Richard McNally, a Harvard psychology professor…. thinks recovered memories of trauma are questionable. He has conducted numerous studies on memory, particularly with sexual abuse victims. He says people don’t forget a trauma like anal rape. They might forget something like being fondled as a child, but that’s because the fondling was not traumatic, he argues. ‘It might be disgusting, upsetting—but not terrifying, not traumatic.’”

“McNally’s take on this subject has set off a hometown feud with Daniel Brown, an assistant clinical professor at Harvard Medical School who is a leading proponent of recovered memory. The two archrivals have never met, engaging instead in a ‘battle of the books.’
In 1998, when Brown won an award for his 786-page tome, Memory, Trauma Treatment & the Law, McNally wrote a scathing review that criticized Brown’s methodology. In March of this year McNally published his own book, Remembering Trauma, in which he bashes repressed-memory theory and criticizes Brown’s work yet again.

‘Sex, God & Greed’

Christianity, Criminal Injustice, Journalism, Media, Pseudoscience, Psychiatry, Psychology & Pop-Psychology, The Courts

In 2003, Daniel Lyons, in Forbes, hashed out all there is to say about the sexual-abuse shakedown to which the Catholic Church has been subjected. It’s worth revisiting this exceptional exposé, now that the Roman Catholic Archdiocese of Los Angeles, lamentably, has decided to capitulate, rather than fight a racket facilitated by courts that are conduits to theft. Writes Lyons:

“….The focal point of this tort battle is the Catholic Church. The Church’s legal problems are worse even than most people realize: $1 billion in damages already paid out for the victims of pedophile priests, indications that the total will approach $5 billion before the crisis is over… The lawyers are lobbying states to lift the statute of limitations on sex abuse cases, letting them dredge up complaints that date back decades. Last year California, responding to the outcry over the rash of priest cases, suspended its statute of limitations on child sex abuse crimes for one year, opening the way for a deluge of new claims. A dozen other states are being pushed to loosen their laws.”

“’There is an absolute explosion of sexual abuse litigation, and there will continue to be. This is going to be a huge business,’ MacLeish, age 50, says. A Boston-based partner of the Miami law firm of GREENBERG TRAURIG (2002 billings: $465 million)…”

Lyons and Dorothy Rabinowitz of the Wall Street Journal are the only writers I know of to have pointed out how many of these class-action claims are, if not bogus, backed by the discredited excavation of false memories. (See my “Repressed Memory Ruse”):

The repressed memory hoax “…. relies on a controversial theory that has split the world of psychology into bitterly opposing camps for more than a decade: the notion that people can wipe out memories of severe trauma, then recover these repressed memories years later…
Richard McNally, a Harvard psychology professor…. thinks recovered memories of trauma are questionable. He has conducted numerous studies on memory, particularly with sexual abuse victims. He says people don’t forget a trauma like anal rape. They might forget something like being fondled as a child, but that’s because the fondling was not traumatic, he argues. ‘It might be disgusting, upsetting—but not terrifying, not traumatic.’”

“McNally’s take on this subject has set off a hometown feud with Daniel Brown, an assistant clinical professor at Harvard Medical School who is a leading proponent of recovered memory. The two archrivals have never met, engaging instead in a ‘battle of the books.’
In 1998, when Brown won an award for his 786-page tome, Memory, Trauma Treatment & the Law, McNally wrote a scathing review that criticized Brown’s methodology. In March of this year McNally published his own book, Remembering Trauma, in which he bashes repressed-memory theory and criticizes Brown’s work yet again.

Reversing Reality in the Yates Case

Crime, Criminal Injustice, The Courts

In the legal system, a shambles really, truth is often dismissed if petty procedural rules have been violated. If a defense lawyer can prove that an arresting officer skipped a word while mirandazing a murderer, the entire case ‘DNA evidence and all’ may be retried or worse: reality might even be reversed. The murderer, caught mid-act, could be found innocent. The exclusionary rule is another legal trick by which this can be achieved.

The modern day Medea, Andreas Pia Yates, methodically drowned her children aged six months to seven years. I won’t go into the tiresome details, but thanks to a legal technicality, she’s gone from guilty of murder to innocent by reason of insanity.

Even if the stellar jury that first convicted her overlooked her alleged psychosis, as I’ve written, “An individual’s essential nature does not change because he suffers behavioral or mood problems. Most ‘mentally-ill’ people choose never to commit murder. Why? Because mental peculiarities don’t rob people of their moral nature. Texas law concurs by implying that even under extreme mental duress, a person is not bereft of the capacity to reflect on his actions and thoughts and make choices. In every situation, no matter the constraints, one can exercise some free will, even if it’s only to decide how to respond to a hopeless predicament.

The insanity plea is bad enough as it is:

“ It capitulates to the mistaken ‘and corrosive’ notion that, when crimes are too horrible to comprehend, medical concepts must replace moral concepts. The insanity plea further performs a very odd exercise: It says that to find her not guilty by reason of insanity, the jurors would have had to accept that it was not Yates, but her ‘disease’ or some alter ego, that tortured those children to death. According to the new, reality-reversing verdict, Yates is no longer a victimizer, but an innocent victim of her ‘disease.’

This nonsensical bifurcation flouts the Law of Identity: A person can’t have done the deed, yet simultaneously be innocent of it! The great 19th-century American philosopher Lysander Spooner put it this way: ‘Guilt is an intrinsic quality of actions, and can neither be created, destroyed or changed by legislation.’

* In addition to the hyperlinks in the text, you can read more about so-called mental disease in “Broken Brains?”