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"I'll take your silence as consent" — judge as he sent Adam Kokesh back in wheelchair to holding cell without bail - UPDATE

Here's the update:

During a Thursday morning arraignment hearing outside of Washington, DC, jailed activist Adam Kokesh refused to answer questions from a judge and was told that he’ll continue to be locked up without bond.

Kokesh, 31, will likely now stay in a northern Virginia detention facility until a preliminary hearing scheduled for October 2 is held. He was arrested Tuesday evening at his Herndon, Virginia home and charged with drug and gun felonies.

Kokesh was scheduled to be arraigned Wednesday, but reportedly refused to leave his holding cell. He finally made his appearance before a judge the following morning, but had to be carted in on a wheelchair because he refused to cooperate.

"He happened to be in a wheeled chair because he did not want to walk," First Lieutenant Steve Elbert of the Fairfax County Sheriff's Office told WTOP News.

When he was wheeled before a judge to be arraigned, Kokesh reportedly refused to speak.

"I'll take your silence as your consent," a Fairfax County judge told him, according to WJLA News.


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Why didn't he want to get out on BAIL??

I do not understand that part of this whole thing.

If the drugs were planted, that would make more sense, because I can't imagine anyone doing a video like he did (which he had to have known would prompt some kind arrest) and not having removed any kind of drugs (if he had them at all) prior to any "event" coming down.

I mean, THAT would make NO SENSE AT ALL.

So, I hope he wasn't careless, because if he was, I would think he wanted to go to jail. And, the idea he's sitting "mum" is amazing to me. That's not something most of us would do. I know I wouldn't.

I doubt someone like him who

I doubt someone like him who did a video like he did would care about the extra charges from having some drugs around. Also, to him, I doubt he considers them drugs, since they are a plant.

Please come join my forum if you're not a trendy and agree with my points of view.

Maybe an activist will pursue

Maybe an activist will pursue an issue to make a point. Did he end up making one?

I believe he really wants to be a martyr!

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts.
-Patrick Henry

Anyone have the address

I think we should all send Adam a card giving him our support.
A POST CARD..so we can make it easier for everyone that comes in contact with it..to read it.

I believe in Hope & Change..I Hope the government will Change
Spindale-Rutherford County-North Carolina


10520 Judicial Dr Fairfax, VA 22030

I would have told the judge only a fool would interpret silence

as consent as there is zero rational basis for doing so.

Consent MUST be active. It cannot be passive. Other than fools, perhaps tyrants manufacture excuses for consent to their thuggery via "consent by silence."

Its instances like this that

Its instances like this that make people give up if they feel nobody tried or cared to help them, show adam some support because when he's done with this one he'll be pretty bummed out

:( poor Adam. This sucks but

:( poor Adam.

This sucks but to be expected.


Let's make it trend on Twitter all over the world.

LL on Twitter: http://twitter.com/LibertyPoet
sometimes LL can suck & sometimes LL rocks!
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

Was he conscious during all of this?

Was he conscious during all of this?

Ask for speedy trial

30 days from arrest or charges dropped.

Patriot News
Stand up For your Civil Rights


Just proving that the entire Bill of Rights is damn important. The 4th, the 6th, and the 5th are all directly applicable here. His rights may well be trodded upon.

Under the 5th amendment

Kokesh has the right to remain silent. No judge can interpret this as consent.

What's this about illegal guns?

Federal law regarding gun possession and drug use

Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms,ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a
$250,000 fine. Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:
(3) a person who is an unlawful user of or who is addicted to a controlled substance

I would assume

someone has to be convicted first?


He screwed himself blue with the drugs! I cant help but to feel sorry for him but he should have known better and done his homework! Trying to create a national debate over the second amendment and having drugs at the same time is like trying to move two different directions at the same time. Now he is stuck up sh*t creek without a paddle..all for nothing...

"If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin."
Samuel Adams


while it is too bad he had drugs on him, the law is still complete BS.


it could have been something stashed away in the past, as things sometimes are,(innocent face) and forgotten about until the cops "found" it while searching the house?

Daughter of 1776 American Revolutionists

Magic Mushrooms?


Knowing how the state works

Knowing how the state works against their enemies, it was probably portabella mushrooms from the fridge!

Probably with

a little green mold on them...

Watch and see if the government seizes his house and bank accounts for magic mushrooms...this is insane.

Yes, judges can.

It just makes the interpretation appealable.

This was only a prelim hearing though not a hearing so there's no basis for appeal for that reason.

Taking the 5th amendment,

to remain silent, is the right not to say anything that might incriminate yourself...it has nothing to do with a judge determining it means consent. This is the first time I've heard of a judge making this claim.


I doubt he'll be locked up until oct.

"If this mischievous financial policy [greenbacks], which has its origin in North America, should become endurated down to a fixture, then that government will furnish its own money without cost. It will pay off its debts and be without debts. It will hav

wolfe's picture

This is good news.

Maybe someone finally gets it.

The second your defiance turns to grovelling, they win.

Stay -defiant-, regardless of outcome and you will have people at your back. The second you cower before them, you lose the support of the people.


They could have made a stand that meant something. In the end, they begged for their freedom and lost it.

The day you beg, you lose. Perhaps people never made it to the end of 1984? Once you beg, they own you, and once they own you, they don't need you anymore.

But if you cannot be owned, you cannot lose.

I'm proud of him, despite my thoughts on the benefit of his course of action, he is holding true.

And to those who think this is over a "court challenge" to existing law. The courts are just as corrupt and we will find no slavation there. This is a -pure- act of defiance, I hope.

The garbage the courts throw out to avoid ruling against the Executive or congress is disgusting! No standing? They can effect every person in the US, but no one can sure because standing can't be proved? Ridiculous! Interstate Commerce? Ridiculous! Obamacare=taxation so it's all good? Ridiculous!

Defiance! Disobedience! Victory.

The Philosophy Of Liberty -




Wolfe, thank you for your insight, exhortation, and example. ;-)

“In the end, it is our defiance that redeems us. If wolves had a religion – if there was a religion of the wolf – that it is what it would tell us.”
― Mark Rowlands, The Philosopher and the Wolf: Lessons from the Wild on Love, Death, and Happiness

Defy !!

“Ransack the history of revolutions, and it will be found that every fall of a regime has been presaged by a defiance which went unpunished. It is as true today as it was ten thousand years ago that a Power from which the magic virtue has gone out, falls.”
― Bertrand De Jouvenel, On Power

wolfe's picture

Thank you for that...

Two quotes I had never seen.

And now I have a book to read. :)

The Philosophy Of Liberty -


[Worth another bump]

“Shall I tell you what the real evil is? To cringe to the things that are called evils, to surrender to them our freedom, in defiance of which we ought to face any suffering.”

 --Seneca (Roman philosopher, mid-1st century AD)

Adam is strong enough to inspire by example. It won't be easy. It's not meant to be. Do it anyway ... And with a skip in your step (from a wheel chair, if need be).


I wanted to chime in and post

I wanted to chime in and post Hank Rearden's trail speech in reply to this, but apparently there aren't any videos on YouTube of it. Why they are so possessive of their little low budget films is beside me but oh well.

wolfe's picture

Here you go:


The extra explanations take some of the force out of it...

Thank you for the comment. :)

The Philosophy Of Liberty -