Showing posts with label legal issues. Show all posts
Showing posts with label legal issues. Show all posts

Friday, May 11, 2012

Help Restore Our Civil Liberties


Friends-

We can put an end to a shocking assault on our civil liberties: Last year's National Defense Authorization Act included language that could allow the military to detain civilian suspects INDEFINITELY without charge or trial.

This year's NDAA could come up for a vote as soon as next week and we have a prime opportunity to reverse this travesty of justice.

Click here to fight back: Email your member of Congress right away:

Congressmen Adam Smith and Justin Amash will put forth an amendment to make it clear that the military does not have the power to arrest and indefinitely detain civilians without charging or trying them. Please urge your lawmakers to support their efforts and help us spread word far and wide.

Just click here to email your member of Congress right away.

Thanks!

Sunday, January 22, 2012

It's a case of "kill the messenger"


Guest editorial
            Few people will deny the U.S. faces a serious economic crisis, an economic
Waterloo if you will. Yet I'm astonished where our letter writers and columnists place the blame.  One thing is certain: if the only advice a noted Ph.D. in economics has to offer Congress, the president, and the public is a silly, asinine fairy tale about 10 beer drinkers, then we as a nation are in serious trouble. No less a personage than Warren Buffet -- the oracle of Omaha and the second wealthiest capitalist in the U.S. -- has bluntly told Congress, "The rich should pay more." He used himself and his own employees as an example, clearly showing how he paid a lower percentage rate on his millions of income than his employees do on their monthly salary. If Congress and Ph.D. economic professors ignore Warren Buffett, don't blame beer drinkers.
            In the November 17 issue of Western Ag Reporter, every other letter writer or columnist gave environmentalists or the Occupy Wall Street movement a whack. Why? Was it tree huggers or was it Paul Volker, chairman of the Federal Reserve, who raised interest rates to 21% in the 1980s, resulting in an economic crisis in rural America?  Who was President of the U.S. when the E.P.A. was created and the clean air and clean water acts passed... socialist Adolph Hitler or Republican Richard Nixon?  Was it the Occupiers or the Banksters that created the housing bubble that ultimately crashed, creating a global crisis?
            After the 1929 crash and depression, numerous restrictions were placed on Wall Street to prevent a re-occurrence. Who removed those public safe guards.. the occupiers or Congress? The power of eminent domain to take private property was granted to corporations. Who changed the rules and constitution? Occupiers or Supreme Court?
Who robbed the Social Security trust fund and left only IOUs and a pending crisis? Occupiers or Congress?  Was it the Occupiers or Congress that negotiated the Free Trade agreements that gutted U.S. manufacturing and exported 10 million jobs to third-world slave labor? Was it a tree hugger or a federal judge who voided a billion-dollar jury verdict in favor of U.S. cattlemen? The ceaseless flow of 35 million illegals have overwhelmed our schools, hospitals, and welfare agencies and spawned unprecedented drug violence. Who condones and even encourages and exploits this illegal flow? Corporate hogs, dairy, poultry, meat packers, and fruit and vegetable growers or the Occupy Wall Street protesters?
            I haven't made a personal inspection of the Occupiers so I can't speak with authority on their lack of cleanliness as some have, but I view them as analogous to canaries in the coalmine. I do know that something is vitally wrong with our nation and that neither Congress nor our President is willing to take other than divisive political actions.
            When 30 major corporations can avoid paying taxes for seven years, when innumerable corporate CEOs like Lowell McAdam of Verizon draw pay of $55,000 per day (yes, per day!), when we have thousands of soldiers stationed in Germany and Japan 65 years after the end of WW II, then something is wrong. Turn off your TV and learn what our real problems are and who's causing them. By the way, what book commanded us to feed the hungry, clothe the naked, care for the widows and orphans, and love our neighbor as ourselves? The left wing, socialist Occupiers handbook or the Holy Bible?
                                                                   Stephen Anderson
                                                                   Alma, KS

Thursday, January 19, 2012

Occupy Rapid City joins national protest of Citizens United ruling

Guest Post
For immediate release
On Friday January 20, 2012, Occupy Rapid City will participate in a national protest: 
Occupy the Federal Courthouse: 

On the second anniversary of the Citizens United Supreme Court decision allowing unlimited undisclosed amounts of corporate money in political campaigns there will be occupations of Courthouses around the country. This effort is being promoted by the national group Move to Amend, which is organizing for an amendment to the US Constitution denying person hood to corporations. The effect of so-called "Super-PACS" may already be seen in the current election cycle. Our country continues to have the best politicians that money can buy. This is a concern in South Dakota as well as in national elections. We believe that when the voices of the 99% of the American population are ignored in favor of the 1%, then it is past time to implement public financing of elections.

We will meet locally at the Rapid City Federal Courthouse (9th and Main and St. Joe) at 4:30 pm. All are welcome. This is not solely an "Occupy" event. It is an open citizen protest against the Supreme Court Citizens United ruling.

Occupy Rapid City shows no signs of slowing. With weekly consensus-based meetings continuing, the activists are still reaching out for new ways to support the nation-wide effort for the promotion of social, economic and political change. On January 15th a candlelight vigil has held in honor of Martin Luther King, Jr. in downtown Rapid City.
The next ORC teach-in will be January 31 at 5:30 pm at the RC Public Library Room B. Lilias Jarding will present on corporate energy–coal, oil, nuclear–with emphasis on uranium mining in and around the Black Hills. Karen Hall will talk about how to lobby the SD Legislature effectively and the online tools available.

Group participants still show enthusiasm for continuing their weekly Saturday demonstrations in downtown Rapid City, in support of the greater movement.

For further information on Occupy Rapid City please see:
http://occupyrapidcity.org/

Contact:
Clay Uptain
605-341-0724
dcu777@rushmore.com

Tuesday, January 10, 2012

Indefinite detention without charges

Dear Friend,

Osama bid Laden may be dead, but the War on Terror is still being used as an excuse to sacrifice our values and our rights.

On New Year's Eve, President Obama signed a bill into law that gives him and future presidents the power to use the U.S. military to pick up and indefinitely detain civilians accused of supporting terrorism -- including American citizens -- anywhere in the world without charges and without a trial.

This represents a further entrenchment of the Guantanamo mindset that jettisons our most cherished values and our constitutional rights all in the name of national security.

I just signed a petition telling President Obama and Congress to close Guantanamo and end indefinite detention. I hope you sign it, too.

You can find out more information and sign the petition at the link below.

http://act.credoaction.com/campaign/gitmo/?r_by=33280-3451380-E_TjpKx&rc=confemail

Indefinite detention without charges or trial is fundamentally contrary to the democratic values that our system of government rests upon.

The worst thing we can do in the face of this is remain silent.

Saturday, May 15, 2010

Protest for Marc Wisecarver May 14, 2010

A protest in support of Marc Wisecarver was held in front of the federal building in Rapid City, South Dakota, on May 14, 2010. Members of the news media were invited and there were almost as many reporters present as there were protestors. Mitch Wisecarver and his mother spoke to the reporters and they gave out information packets to help inform the reporters and observers about Marc’s situation.

Video clips, pictures, and short articles about the protest appeared on news casts and in the local papers. However, as it is with most news reports, the whole story is still a mystery to the general public. The protesters displayed signs that called for an investigation of the judiciary in west river South Dakota area. Other signs called for the release from incarceration of Wisecarver. At least one placard implied that racism could be a cause for the injustice the protesters were trying to bring to light. The reality of the situation is that the protesters don’t know why this situation has evolved the way it has and they are asking for an answer to that question as well as the release of Marc Wisecarver.

The protesters and the Wisecarver family point out the constitutional issues of Marc’s legal case. The incident that the case is based on occurred on Wisecarver’s horse ranch. Wisecarver does not dispute the facts of the incident, but stands fast in his assertion that he was protecting himself and his property, as allowed by tribal, state, and federal law. The case was dismissed from tribal court on the basis of self defense. In federal court, Wisecarver was found not guilty of an assault charge levied against him for this incident. Apparently, on an additional charge the court instructed the jury to find Marc guilty of depredation of government property if the jury agreed that he had used justifiable force. The conviction based on that instruction was reversed on appeal and the case has been remanded back to the lower court.

This is the third attempt to convict Marc of an alleged crime associated with his act that it appears the jury agrees was self defense, using justifiable force. Marc has been incarcerated for fifteen months. In the meantime, the BIA agent that Marc says was trespassing has not been charged or investigated. The situation inspires more questions than it provides answers for. Currently, there are numerous groups that assert that certain portions of our United States Constitutional rights are under attack, one specifically, the right to bear arms in defense of our persons and our property. Equal justice under the law is also hard to identify in certain elements of this case.

Thursday, May 13, 2010

Wisecarver case is a Constitutional issue

More people seem to agree that Marc Wisecarver's case is an injustice and affront to the Constitution. Check out this article at the Decorum Forum.

Monday, May 10, 2010

An Update on the Wisecarver Case

May 10, 2010

We encourage ALL who believe we have the right to defend ourselves and the U.S. Constitution to attend this Press event. The effects of this case affect everyone, not just Native Americans. Your presence will help get the word out. Please come at 11:30 AM as the event begins at noon. Please send this on to others who might be interested.

Thank you.

Charmaine White Face


-------------------------------------------------------------------------------------


Notice to the Press

Two years ago, on April 29, 2008, Marc Wisecarver was working on his vehicle at his place in the country on the Pine Ridge Indian Reservation when a pickup truck roared past his house, ignoring 'No Trespass" signs, went into the lower pasture, and began chasing his horses. Wisecarver ran after the pickup shouting for it to stop. When he couldn't get the driver's attention, he retreived his rifle and fired it into the air. The driver of the truck finally quit chasing the horses, and turned his vehicle on Wisecarver. After a shouting match, the driver appeared ready to run over Wisecarver who fired a shot toward the ground through the radiator. Finally, the driver stopped the vehicle.

The driver is a black South African who works for the Bureau of Indian Affairs. Wisecarver is a member of the Oglala Sioux Tribe. On Jan. 29, 2009, an all white jury in federal court in Rapid City acquitted Wisecarver of Assaulting a Federal Official by reason of self-defense. However, because of faulty jury instructions, and after asking for clarification three times, the jury was ordered to find Wisecarver guilty of Depredation of Government Property. Judge Richard Battey then sentenced Wisecarver to three years in prison and three years probation.

In February, 2010, the judges of the 8th Circuit Court of Appeals in St. Paul, MN, said that Wisecarver would have been acquitted of all charges had the jury received proper instructions. They redirected the local federal court to dismiss all charges. However, the US Attorney has recharged Wisecarver, again, with Depredation of Government Property and a Hearing will be held on May 18th at 9:00 in the Federal Building.

This is the third hearing on this charge. As it is not a major crime, and because of the self-defense issue, the charge was dismissed in Oglala Sioux Tribal Court. Wisecarver is currently being held in the Pennington County Jail and has been imprisoned for more than 15 months.

A Press Conference will be held on Friday, May 14th, 2010, at 12:00 Noon in front of the federal building on Ninth Street between Main and St. Joseph Street in Rapid City.


For more information contact Charmaine White Face at bhdefenders@msn.com, or call 605-343-5387.

Sunday, March 28, 2010

Pipeline Fee Legislation, 2010

Once again a bill to impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill was up for a vote in the South Dakota Legislature this year. The same or very similar bills have been presented for consideration and passage during the previous two legislative sessions. Earlier postings relate to the previous legislation.

This year, Senator Rhoden identified that he had come full circle with his opinion on this proposed legislation. When the bill was presented to the Senate State Affairs committee and on the Senate floor, Senator Rhoden voted in favor of the bill. His stated reason for supporting the bill was to protect property owners from financial ruin resulting from the liability for an oil spill on their property.

Thank you for your votes in favor of this legislation, Senator Rhoden. Senator Rhoden also mentioned that his neighbors and others in his district were influential in changing his opinion on this legislation. Unfortunately, once again a one vote margin stopped the passage of this legislation.

This is a disappointing outcome. Hopefully, this issue will be successfully revisited again in the next legislative session. Support for new business is important to the strength of the state’s economy. However, the desire to make accommodation to attract new business to our state should not outweigh our consideration for existing business. This is especially true with regard to the oil pipeline companies. The pipelines need to cross our state in order for the pipeline companies to conduct their business and existing land owners/businesses have been required to make concessions. The full impact of these concessions was not necessarily apparent to everyone concerned when the project was first proposed to or considered by the legislature.

Saturday, March 27, 2010

Something Less Than Complete Agreement

South Dakota’s governor and the state attorney general have committed South Dakota to a lawsuit that disputes the Constitutionality of the recently passed healthcare reform bill. They believe that the federal government has infringed on state’s rights with a mandate requiring individuals to purchase health insurance. Further, they imply that the federal government should not force individuals to participate in this plan without their consent. Yet the governmental mandate requiring the purchase of health insurance was previously promoted several times by Republican Party elected officials and election candidates.

I do not care to participate in this lawsuit, but apparently the Governor and the state attorney general aren’t actually concerned with this contradiction of governmental perception on personal rights infringements. It isn’t the first time they have acted in this manner. South Dakota’s majority party’s agenda has been pursued through state government with regard to the abortion issue also. Most likely, this is not a situation unique to South Dakota or to just one ruling political party.

An article from the Dakota Today blog site identified Senator Thune’s one sided view of political partisanship. Many people seem to be unable to conceive the possibility that there is than one way to view political issues and that complete agreement is not possible. Compromise appears to be the only way to achieve some level of fairness on many issues, but this concept appears lost on the ears of members of the Republican Party.

Apparently, according to Senator Thune, partisanship is something that Democrats engage in. Republicans participate in strong political opposition. When the Democrats were the minority party in Congress, they were described as partisan obstructionists when they strongly opposed Republican sponsored legislation. Interestingly, it is extremely rare that the Democrats ever act with complete unity in opposition to legislation. The Republicans appear to be able to pull that theoretically amazing unified opposition quite easily. How is it that a political party can be structure such that all of its millions of members are in complete agreement? Is it possible that all those millions are not incomplete agreement with their elected representatives?

Children often form informal groups that appear to share ideas that aren’t necessarily based on facts. Long ago, most of our ancestors were ignorant of the actual shape of the earth and the workings of the Universe. Cosmological ignorance took a long time to overcome and before it was, the incorrect concept of a flat earth was the common and unquestioned view of the majority of mankind. Isn’t it possible that simple ignorance, as well as intentional self-imposed ignorance help to unify the Republican members of Congress?

If it isn’t ignorance that results in what I view as an incorrect or an improbable degree of party unity, then what is it? Is it possible that health care reform is not actually the issue that is being resisted? Is it possible that one party political control is really the reason for the completely unified front presented by the Republican Congressional Minority?

Friday, May 1, 2009

The Cost of Self Defense in South Dakota

A demonstration in support of Marc Wisecarver identified several issues that affect us all, even though it appears that the general facts concerning the case are not in dispute. It is not clear that justice has been served in this case by the sentence. According to the Sunday, April 26, 2009 Rapid City Journal article, Mr. Wisecarver was found not guilty of assault, but in his sentencing statement for the second charge conviction, the judge referred to the seriousness of the charge the defendant was found not guilty of. The comparison was made that in Indian Country, “this is just another example of what I see on a day-to-day basis.” Apparently, no mitigation by reason of self defense was considered by the judge or reference to the trespass that caused the confrontation that resulted in charges against Mr. Wisecarver.

The court takes into account other circumstances when imposing a sentence. This is reasonable, but what does “not guilty” mean when the charges an individual was acquitted from are still referred to in the sentencing for conviction on a separate charge? This becomes an important question for those of us who would like to defend ourselves and our property from trespass.

For more insights, information, and comments about this case visit the following websites:

http://www.lakota-aid.co.uk/lakotanews.htm

http://www.rapidcityjournal.com/articles/2009/04/27/news/local/doc49f61d46d8245096828837.txt
http://www.rapidcityjournal.com/articles/2009/04/25/news/top/doc49f327cdf4234810537299.txt?show_comments=true#commentdiv