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I haven't lost any of my civil rights.

This is what I hear from people. They say, go outside and look around. Nothing has changed. Cops are not pulling people over randomly, the air is beautiful and bright, we are free to come and go, we have our guns and ammunition. We are still going to work, we have electricity. Nothing has changed. They don't know that the Constitution is being eroded.

What civil liberties are being infringed upon that makes this not America any more? What list can we lay at their feet that is irrefutable?

I can come up with a lengthy one, but I'd rather it come from others than from me. How are we losing our rights, our civil liberties.

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get freed

YOU may not use your rights without personal approval from the authority you elect...You have placed your wellfare into the hands of authoritarians.....Who also VOTE to keep it this way...
weee

Every time I call my sister...

Who lives in Mexico - Our govenrment can listen in - without a warrant -without probable cause - simply because the other end of the line is in a foreign country. The same goes for ALL calls that either originate or terminate in any other country.

Oh, and how about the reason why I wont fly anymore - That pesky 4th Amendment gets violated Millions of times a day in this country -

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

When I came back from Iraq - I flew home to see family in Seattle, wearing my dress uniform - and I was made to take off my shoes and my jacket, and searched like I was a criminal who they had probable cause to search, only no crime had been commited and no warrant was served, and my lighter was taken. I was searched just as I had been searching Iraqi's - they had told me I was fighting for our freedoms......and I saw a grandmother made to stand up from her wheelchair to be searched....

I had a conversation with a man who told me he was willing to do this because it made him feel safe - when I reminded him of Benjamin Franklin's quote "Those who choose security over freedom deserve neither." He cast his eyes to the ground and shuffled away....

And dont get me started about my little brother, who lost his car to a county sherriffs department because it had the leaves of a plant in it.

When they took the 4th Amendment, I was quiet because I didn't deal drugs.
When they took the 6th Amendment, I was quiet because I am innocent.
When they took the 2nd Amendment, I was quiet because I don't own a gun.
Now they have taken the 1st Amendment, and I can only be quiet.-
Lyle Myhr

just stroooooling

AS long as they have a beer in the fridg & $1.00 left in their pay check, to get another beer, they are satisfied..
weee

Khrushchev said it

Ezra Taft Benson was Pres. Eisenhower's Secretary of Agriculture. He later became the president of the Mormon church. He was perhaps best known for being vocal in his denunciation of communism and socialism.

During his days in D.C., he once hosted the notorious Soviet boss, Nikita Khruschev, in a diplomatic visit discussing American agriculture.

During the visit, Khruschev told Benson that Americans were so arrogant that they would never accept communism outright, but that wouldn't stop communism from overtaking American capitalism. Khruschev said that they would just feed America little bits and pieces of communism over time, until one day Americans would awake and find themselves a communist country.

Anyone seriously want to suggest it has not happened exactly this way?

Here is a clip from almost 50 years ago, of Benson addressing an LDS audience, telling of this encounter:
http://www.greaterthings....

- -
Get your own "Ron Paul for Treasury Secretary" or "Nothing Changes 1-20-09 / Vote Third Party" sticker, designed by AlaskaRon, today!
http://www.cafepress.com/...

Great clip....

And how true for those who can see! I remember the old boy's quote when he was at the UN and stated whilst banging his shoe on the lecturn, that "we will destroy you".

I believe the destruction was not only limited to the financial aspect but to the social aspect as well as that's easy enough to see all around us!

The 1964 "civil rights act" which gave no new rights to the

HYDROMAN
people , it just transfered the rights of private property owners to the government. Many , many liberties have been taken buy the government since the 1950s ,and all taken unconstitutionaly.
Clickit or Ticket!!!

Jury Nullification - The final line of defence

Remember that being on a Jury is very important. You are not there just to judge whether the defendent is guilty or innocent. You are also there to judge the merits of the law and possible punishment. You are the last line of defense against a tyranical system. If you think the law is unconsitutional it is up to you as a jury to rule that way. The judge may threaten you or instruct you but he is just s servant of the people and is only there for procedural purposes. Otherwise why have a jury?

If I'm not mistaken, jurists

If I'm not mistaken, jurists cannot be subjected by any form of punishment due to their verdict. So any threats from the judge are nothing to worry about (as far as I know).

you need permission

you need permission for:
driver's license
Marriage license
license plates
income taxes
federal reserve / inflation
grand jury (atleast here in MN)
property taxes (alodial title)
social security
patriot act

i could continue, but im tired, I think this is enough to see how far our riggts have been eroded.

About the only thing we don't need "permission" for is breathing

They have everything else covered...

Want to drill a well to get water to drink... you need "permission."

Want to build a septic system or other method to get rid of "waste" -- you need "permission." (Do the bears need a permit before they can crap in the woods? Why not?)

Want to do just about anything else? Permit needed (plus fee).

Heck you really can't even DIE and be buried without a "permit."

We have essentially ZERO rights in this country... we can breathe (of course soon, with "carbon credits/taxes/permits" that may change too!)

A young man known to our neighborhood

showed up with borrowed equipment the morning after a storm. On his initiative (and all the neighbors who were out cooperating that morning), our neighborhood could have been cleared of debris that day. However, the radio announced local cities and townships would be sending out extra crews to pick up curbside branches.

If I had had the money, I would have hired him anyway. Of course, there will be a tax hike to pay for all the crews. It took weeks for our street to be addressed by the crews.

I didn't see him in our neighborhood after the radio announcement. He was an entrepreneur taking the opportunity to start one of those American dream stories we hear so much about, but he was elbowed out by the government before he could even start.

You notice I start my title line with "known to our neighborhood"? That's because, when I would tell this story to people, they would say, "yeah, but, there are unscrupulous individuals out there". I never saw one shred of evidence he was going to take people's money at gun point. That won't be the case for our upcoming tax hike.

The attitude where the public expects the government to do every little thing for them has been building up for a long time. What a blow to entrepreneurs.

Yup... government "squelches" and "inhibits" a LOT of things...

Even just the "uncertainty" of what the behemoth will do is enough to scare people away from risking their own capital and efforts.

I mean in any business plan, it is always key to do an analysis of "who/what is our competition" -- and when the government steps in with a "promise" or even a "hint" of entering the field; well what fool would want to risk competing with the government's "free" version?

Looks like you have a sharp & smart kid there -- not only did he see the opportunity and try to seize it (to the BENEFIT of the neighborhood), but he apparently had the brains to "fold his cards" and cut his losses as soon as it became non-viable. Sorry to see that initiative like his is being squelched... what this country needs is hundreds and thousands of kids like him.

I got a ticket from the county for messing with the storm drain

Every time we get a good rain, the drain clogs and floods my yard. So I get a rake and clear the debris so it can flow. The county says I should call them, they come two weeks later. I guess I'll just wait till night time from now on.

You should challenge that.

As long as you were only removing things from ABOVE the drain you were not actually messing with the "storm drain" itself, and therefore the ticket is invalid and should be dismissed.

But yup, yet another example of idiocy.

One small hope -- would be that the States & Counties will be facing bankruptcy and might actually have to start laying off some of these "piddlers" -- thus freeing us from the most intrusive idiocy.

But it will probably go the other way -- with 1,000's of drones paid for by some Federal Gummint program (WPA style -- aka "We Piddle Around") to do all kinds of "make-work" projects at the local level everywhere.

You're a drain terrorist!

Stay away from that drain!!!!!
- -
Get your own "Ron Paul for Treasury Secretary" or "Nothing Changes 1-20-09 / Vote Third Party" sticker, designed by AlaskaRon, today!
http://www.cafepress.com/...

"No one is as hopelessly enslaved..."

"...as the person who thinks he's free."...Johann Wolfgang von Goethe

"A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, because they love their servitude."...Aldous Huxley, Brave New World

http://groups.yahoo.com/g...

Go to this site, it has some

Go to this site, it has some great information on it concerning just what has been lost and how our rights are being eroded:

http://www.bordc.org/

http://www.1776solution.b...

Disappearing Rights

If all you do is sit on your couch and watch ESPN, you might not notice your missing rights.

Read "Lost Rights" by James Bovard

This is a great book detailing some of our lost rights. Of course there are more to be included and more since it was written, but it is a good summary of where we were about 10 years ago.

This is the main

reason people don't take us serious. It is sad because when they get angry and want to finally protest they are going to find out where they rights end.

Rights? What rights?

One cannot miss something they do not know they have/had. If you do not know your rights, therefore, you do not have any. So which rights are we "entitled" to and by what power? There are (among others) Constitutional rights, civil rights, statutory, equity and natural rights.

Most people simply wander around their lives getting properly indoctrinated by schools and churches and living out their lives the way they were conditioned to do. Some of us either missed out on all that brain-washing or it "didn't take" with us. We are the ones who paint outside the lines, bend rules, invent the impossible and generally don't/won't fit in the boxes and moulds. These ones encounter resistance to doing anything outside "that which is permitted and allowed" by authority figures. We are the ones who break down the calcification of our minds, hearts and souls. We are the ones who contest the status quo and cut our own paths with free-thinking and creativity.

http://www.youtube.com/wa...

Anyone can be a conformist to a system harnessed around their necks. It takes heart and courage and audacity to be a freethinker, a free soul and n individual of integrity (like RP). Here is a collection of articles illustrating "Rights" and what has been going on with/without them in our soul-destroying society.

http://svpvril.com/phpbb2...

The cold hard truth

They haven't technically "lost their civil rights".... only the constitutional protections from government abuse of them.. The rights are still there, government has just given themselves the power to violate them whenever they choose.

Fro the people you are talking to.... their name just hasn't come up when the wheel is spun yet. So long as they are not targeted, then they feel their rights are not in danger. But if one American can have their rights violated, then any American can. Rights are not arbitrary.... you can't have one person having some rights, and others having all their rights. We either all have them together, or we have none at all in my opinion. Unless a court has stripped someone of certain rights due to them comitting a felony.

This is one of those cases where as long as it's not happening to you.... then you don't worry about it.. all is fine. I don't think with these people, that will ever change. Not until the day the police state knocks on their door.

the police have changed

They now ask for forgiveness instead of asking for permission.

Basically they now error on the side of infringing rights, and say they are sorry later.

For example, A friends kid was arrested for the high crime of underage drinking. On an anonymous tip, about highschool kids having a drinking party ( which turned out to be from the mother of a kid that was not invited and was pissed off) police came to the door of a house (no noise or other disturbances were reported, and asked for entry claiming they would get a search warrant - while the other officer started looking in the windows. The kids ran out the back, and some werre chased down, detained threatened with tasing, and even handcuffed.

At the court hearing, the judge ruled that the police had no probable cause to approach the house, or to detain people leaving the house and threw the case out. So, after much vigilance on the Parents and attorney's part (not to mention all the other money and hassles associated with this) they have their rights, but sort of posthumously.

http://www.dailypaul.com/...

http://www.dailypaul.com/...

"I tremble for my country when I reflect that God is just, that His justice cannot sleep forever." - Thomas Jefferson

USING A DOG TO SEARCH IS STILL A SEARCH

and without a warrant...

I am one of the most powerful people on the planet.

If YOU piss me off, all I have to do is pick up a phone and make one call. It could be to the FBI,CIA,NSA or DHS. YOU will be arrested, taken to a secret location somewhere in the world. YOU will be interrogated, charged with crimes, put on trial. Even if found innoccent you may not be released. After finishing a sentence you may not be released. YOU will never hear any evidence, know who accused you, or even know what crimes you are being tried for. And, yes, this has happened to at least two American citizens (that we know of, at least two). Yes, people still have the arrogant ignorance to say the Constitution has NOT been eroded.(And the original statement? Any person in the world can make that phone call. You just have to mix a little truth in with the lies.)

I asked 12 people running some questions

I asked 12 people running for local election at a local political rally the other day about our constitutional rights. Among those asked were people running for Supervisor of Elections, Third Circuit Court Judge, 2 for States Attorney, 4 Sherifs, and 2 for State Representatives.

I asked each individually & privately(You can really get their ear when they are out campaigning) were... Do you think our Constitution is on solid ground ? Every one of them said ...YES!!!
Our Constitution is SOLID... no need to be concerned at all. We have lost no rights and when I replied it's been gutted & vascerated they looked at me like I was someone to be pittied.

:::Sigh:::... These people believe this, that's how pitiful we are as a Nation. Of course I challenged their answer & offered to speak to them in more depth if they were interested. They were all busy with the campaign, couldn't commit, but some promised to give me a call.

I'm not holding my breath...I'm going to Minneapolis to get more "Marching Orders".

Exactly

People look at me as if I have gone off the deep end and some say, "Boy they have really gotten to you, haven't they!"

General people do not know they have lost rights, natural, civil, constitutional or whatever you want to call them. They shop, go to work, watch what they want on tv and shows, go where they want, go to church, say what they want where they want, travel where they want--where are the lost rights, they say. Taxes are nothing new, they are not anti-government, like we supposedly are. They still think the Muslims are determined to kill the infidel and we have to handle them before they handle us. A State Trooper in the family says there are no martial law plans that he knows about and that cops do not have super powers but hardly any power because judges won't hold the criminals.

This business we are in of waking people up is slow and tedious.

This business we are in of

This business we are in of waking people up is slow and tedious.

I hear you on that. I tend to do a slow burn conversion. I work on only a few people, but when I'm done, they are permanently woken up.

It's damn hard though, because I choose my smartest, wisest friends and family, they put up a formidable challenge in that humans have an incredible capacity to rationalize. I'm doing my best just to answer questions rationally, and provide info without sounding like a crazy person to them.

I definitely started on those who leaned libertarian first. The ones that lean neocon or lean we're-all-in-together progressive/liberal are the hardest to wake up.

But I still try.

It was surreal....

I was being "Watched" by my Republican Party under their tent looking pretty much like that photo of "Catch the Excitement" except they were burning holes thru me as I wandered around talking to the campaigners and yeah, the democrats too. What a weird time this is. You try to fight for your country and you are considered an ememie combatant, a home grown terrorist or a yraiter and met w/suspician from your own party.

Slow & tedious ... uh huh It does "look" free out there doesn't it?
Till you try to walk upstream or against the flow.

Because you're operating in the Democracy

DEFENDERS OF THE CONSTITUTION NOW CONSIDERED TO BE TERRORISTS
http://www.dailypaul.com/...

Constitutional TERRORISM dates back to 1996. This is old News!

However, this is REAL. I believe the FBI only circulated it in the middle to late ‘90s’ in Arizona. The major circulators throughout the Nation were the Constitutional Militias, a group of all able bodied men in America (the unorganized Militia), see my comments link. After you read this comment on Constitutional TERRORISTS!!!
http://www.dailypaul.com/...
http://www.dailypaul.com/...
http://www.dailypaul.com/...

Another good topic, after you read all of this comment
http://www.dailypaul.com/...

The reason we/the people of America (the unorganized Militia) are Terrorists is because the ConstitutionS (State and Federal) were set aside in 1962 when JFK signed into law the Uniform Commercial Code (UCC). He hadn’t read it, because if he did he would have never signed it. He tried to correct his mistake and was assassinated Which proves that sometimes there is a good democrat, sometimes, but not vary often.
However it’s the same with the republicans now, e.g.“Ron Paul.”

Anyhow, before the UCC, governments if they declared bankruptcy could not be held Liable for the debt they owed the International Banksters. See FDR’s Bankruptcy of 1933. So the International Banksters created the UCC, had there agents in congress propose it, got it pasted and JFK signed it.

Now the UCC stipulates that when a government uses COMMERAIL PAPER (Federal Reserve Notes, or FRN’s) for trade or exchange instead of LAWFUL MONEY (Gold and Silver), they are LIABLE under bankruptcy law the same as a common corporation. BINGO! They (the creditors or receivers, “The International Banksters”) seized control of all the Federal and State agencies and set aside the ConstitutionS of the united States of America.

Now you are threatening there power by talking about a document/s that has no value to them. And thus you are a TERRORISTS!!!!

JFK tried to stop them by ordering $x number of United States Note (USN’s) Dollars and silver into circulation a short time after he signed the UCC. The amount of silver and USN’s Equaled the price needed to buy out the privately owned Bank known as the FEDRAL RESERVE BANK, see the book “The Creator form Jackal Island”.

Now you know the rest of the story.

JonQ.Publik

Live Free or Die! Because if you are not free you’re dead already!

</i>

.

</i>

Psst... You forgot to close your tag again. lol

"I tremble for my country when I reflect that God is just, that His justice cannot sleep forever." - Thomas Jefferson

thanks

thanks

Once Upon A Time

Now, not sure if this still applies. Are children still being bused, bussed?

Once Upon A Time you moved into a certain neighborhood so your children would attend "certain schools" near by and of better educational value. Busing infringes deeply into this great-once-liberty-freedom!
... ... ... ... ... ...
It's called "standard", we no longer have a "standard", thats why the mess. Families have gone by the wayside, lots 'n lots of folks on drugs including legal drugs. Government is uncontrolled!

People think that since "we're free" that we can do and or allow anything, regardless who it hurts, without taking personal responsibility.

Which means, there's a limit on all things including "freedom"! Freedom has a "standard"! Or, "freedom" is a, the, "standard", but it still demands limits.

Is "freedom" the greatest in the hierarchy of "things, all things", "LIFE" or "civil rights" or ? ?

Those that say, "freedom has no limits" are the ones looking for an excuse.

Carry On..

Live Free or Die!Because if you are not free you’re dead already

http://www.dailypaul.com/...

Live Free or Die! Because if you are not free you’re dead already!

JonQ.Publik

Sorry, but we don't want Constitutional Rights. Same as Civil.

Thanks for the spell check. I'm not an English major nor have I been to law school. But I have studied the Bible and it has helped me understand the founding documents and the common law of the land. I also know History and there by free by it and from it.

I have to correct you on the Constitutional rights. We have God given rights as spelled out in the Declaration of Independence, Articles of Confederation as will as the Northwest Ordinances, the Constitutions of the several states and the Federal Constitution. These all prohibit government from making laws that would abrogate our God given Rights.

You as well as the rest of this nation have signed away your Rights by Contract Law and volunteered into slavery.

I do not live in the Democracy nor does anyone else. It is only there by Contract, the creation of an artifice (a person). If you had no contracts in you name you would not be a person. You are a Soul and have a Spirit, but you would not be a person as defined by Black’s Law Dictionary. This is the beginning of understanding the TRAP they have put you all in.

“Study to show thyself approved...” Knowledge is Power!

Learn what the Republic is and you will know what the Democracy is not.

JonQ.Publik

Live Free or Die! Because if you are not free you’re dead already!

I don't know how

this whole column turned to bold print???

But anyway, Docholladay has a post elsewhere that includes this post and I thought it is very appropriate here. By the way, thanks for all the great opinions, lists and reminders. Very helpful:

There have been others who have warned us of living in the comfort of denial. J Edgar Hoover stated:
"We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. ... The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst."

He forgot to close his

He forgot to close his tag.

"I tremble for my country when I reflect that God is just, that His justice cannot sleep forever." - Thomas Jefferson

John Q. is right!!!.....

...(except it's "plain stupid" not "plane stupid"..sorry! LOL)
I live in a very rural section of the Blue Ridge Mountains. I was stopped by Highway Patrol checkpoints 3 times in 5 weeks back in April & May!!! The first time, I complied and handed the officer my license and was waved through quickly. The second time, I had just watched an Alex Jones film and was pretty fired-up already!! I was not polite nor compliant. I ended up refusing to show my lic., gave him an ear-full and just drove off...nope, they didn't chase me down! Keep in mind, this is a 2-lane, twisty rural road with nothing around but cows, mountains and delapitated old farm buildings. The third time, I was really plucked!! And it was the same officer as time #2...he remembered me, sadly....and again, I refused. I asked if I had commited any road infractions, and was I being detained for any reason. "No, our boss just wants us to come out here and meet the people". I suggested a chicken barbeque or something if they truely wanted to "meet the people"...then grumbled something about having things to do and I just drove away...again, no chase.
Civil Rights is NOT what we have...start whining about those and they'll break out the fire hoses...We the People have Constitutional Rights, just as Mr. Publik points out...and those spell out that you don't have to take this shit from Johnny Law.

------------------
BC
If you're not outraged, you're not paying attention!

Correction

I have Natural rights not Constitutional rights! I have more rights than can possibly be listed in the Constitution as expressed in the 10th Amendment. My rights are do to my very existence prior to and superior to any Constitution. By calling them Constitutional rights you limit yourself to just what is documented. That is why some of the founders did not like the Bill of Rights. They thought is would be used to narrow our rights to only those written into the Constitution and not the true infinite amount of rights we have.

I DON'T WAIT YOUR CIVIL RIGHTS!!!!

Some of you people are just plane stupid!! Civil rights come from government and they (government) can give and take what ever and when ever they wait. I'm only interested in my GOD given rights. Do some research people look at a Black's Law Dictionary or a Bouvier's Dictionary, if you can find one, and look up:

Left VS. Right
Legal VS. Lawful
Illegal VS. Unlawful
Transport VS. Travel
Civil Rights VS. God given Rights
Artificial Person VS. Natural Person
14th Amendment citizen (US citizen) VS. Citizen of the State

I doubt most of you people have the brains or the resources to find the meanings of this list

Only in the Republic are you ALIVE, in the democracy you’re just a commercially contracted slave.

13th amendment: No involuntary servitude…. You can volunteer!! And most likely you have!!!

'Hope this truth can open some eyes.

JonQ.Publik

JonQ.Publik, People don't tend to be open

to hearing "truth" from those who attack and call them stupid. If your purpose is to enlighten others by providing information they may not have known about, you don't insult them with a comment like"I doubt most of you people have the brains or the resources to..." It seems to me that you are a bit delusional with regards to your own self importance and intellect.

Anyone can present a bunch of facts, but no one will listen to a puffed up blowhard trying to massage his own ego. It's hysterical that your first attack sentence is "Some of you people are just plane stupid". Ha ha ha! Would that be Boeing 747 stupid? DC10 stupid? Learjet stupid?
Maybe it's just the pot calling the kettle black.

OPPS!

JonQ.Publik

</b>

Big "C" vs little "c" thing trips me out the most. Still don't know enough about it. Do you have any resource links?

"I tremble for my country when I reflect that God is just, that His justice cannot sleep forever." - Thomas Jefferson

No, but I'm more the happy to tell you what I know.

No, but I'm more the happy to tell you what I know.

JonQ.Publik

Live Free or Die! Because if you are not free you’re dead already!

free only if you're an unassuming compliant sheep

Tell them to get in an old jalopy, dressed in bermuda shorts and flipflops with a loaded 45 tucked in their waistband, and $8000 cash in their pockets, and drive across a few state lines.

They will be allowed to carry receipts for the car, money and gun.

Let's see how far that gets them. Let's see how free is free.

p.s. the game shall include one broken taillight. (evil grin)

anyone who starts to argue that "you look like a criminal" needs a swift kick in the balls.

What civil rights?

I received this in an email this evening. It's had me very upset but really isn't anything new these days. I'm sorry for the length of this post.

Wednesday, August 6, 2008

Bryan Fischer, Executive Director

IDAHO MAN GOES TO FEDERAL PRISION TODAY AT 2 P.M.

Lynn Moses, a Driggs, Idaho man, will enter the federal prison in Sheridan, Oregon today at 2 p.m. in an unfolding story of government tyranny.

Mr. Moses lost his wife to an unexpected heart attack 1 ½ years ago, and suspects that the stress created by this abuse of federal power is responsible. And yesterday he was forced to leave his 17-year-old daughter Whitney at home in tears, who will now have to experience her senior in high school without the companionship of either of her parents, both of them taken from her by the repressive power of the central government.

No mom or dad to host her and her friends on her 18th birthday, no mom or dad to take pictures of her and her date on the night of her senior prom, and no mom or dad to proudly watch her graduate from high school.

As I wrote last Friday, in a story also featured yesterday on WorldNetDaily, Moses is being locked up for maintaining an intermittent stream bed as a flood control channel, as he has been required to do by Teton County officials since 1980.

(Since the EPA stepped in, no maintenance has been done on the channel for the last three years. A 35-foot section of the bank recently washed away, threatening another subdivision in the area, erosion that Moses tells me could have been prevented if he'd been allowed to continue his work. The mitigating work that the developer did to stop that erosion is now causing erosion on the opposite bank.)

The EPA prosecuted him for violating the Clean Water Act, even though the EPA has no jurisdiction over intermittent streams and Teton Creek only has water in it for less than two months out of every year.

And the more you know, the worse things get. On the day Moses was sentenced to federal prison, the U.S. Supreme Court issued its Rapanos decision, in which the plurality opinion written by Antonin Scalia clearly prohibits the federal government's jurisdiction over intermittent streams under the Clean Water Act.

In fact, eight months after the Rapanos decision came out, the Corps of Engineers revised its written regulations regarding application of the Clean Water Act. The revised regulations authorize federal jurisdiction only over streams which have continuous flows for at least three months a year.

Teton Creek has never, even a single time since the diversion of irrigation water over 100 years ago, had flowing water for that long, and rarely has flowing water for as long as two months in any given year. This year, for example, despite significant snowpack and strong flows, the Creek had water in it for considerably less than two months.

If either the Corps or the EPA wants to exercise jurisdiction over an intermittent stream which has flowing water for less than three months a year, they must issue a "Jurisdictional Determination" produced by the Corp's District Engineer, who has to show that the stream bed, despite its intermittent flows, has some significant connection to the waters of the United States. No "Jurisdictional Determination" has ever been issued with regard to Teton Creek.

Bottom line: if these written regulations, done to conform to the reigning Supreme Court ruling, had been in place when this sorry saga began, it would have been abundantly clear that Mr. Moses was right every single time he refused to accept federal jurisdiction over the stream bed, and that the federal government had no legal right to prosecute him.

Moses has filed what is called a "2255" habeas corpus request with Federal Judge Lynn Winmill. A "2255" is authorized by a provision in federal law which enables a defendant to ask for reconsideration on the basis of new evidence, evidence which has emerged since his trial. These written regulations, produced eight months after the trial by the Corps' field technicians rather than the cubically-challenged bureaucrats at the EPA, make it evident that no charges should ever have been brought against Moses in the first place.

In Moses' appeal before a three judge panel of the notoriously liberal 9th Circuit Court of Appeals in Seattle, the EPA's attorney admitted to the Court that she had never seen a "Jurisdictional Determination" from the Corps with regard to Teton Creek.

The 9th Circuit had Scalia's plurality opinion (he wrote for four of the five justices in the majority) in hand when they denied Moses' appeal, but rejected it in favor of citing Justice Kennedy's concurring opinion because it - despite representing the view of just one of the nine Supreme Court justices - gave them the fodder they needed to make sure Moses went to prison.

One of the three judges was incensed that permission had even been granted in the first place to divert water for irrigation, and wanted to know who was responsible for that outrage so the court could hold the miscreants responsible. She was so unfamiliar with the facts of the case that she didn't even know that the irrigation diversion had been done over 100 years ago. (She apparently was sorely disappointed that she couldn't find anybody to punish for that.)

Moses occasionally hired others to help him with stream bed maintenance. The 9th Circuit's opinion is so disgraceful that the judges refer to Moses and his "minions," as if they were writing an Op-Ed piece for the San Francisco Chronicle.

So Moses will be deprived of one of the "unalienable rights" granted to him by his Creator - the right to liberty - at 2 p.m. this afternoon. We went to war with the Crown of England over abuses less egregious than this.

When I asked Lynn this morning, during his last few hours of freedom, what people could do to help, he said the most critical thing is to get the information about his case - especially the IVA's Friday Update (link below) into the hands of as many people as possible, including Congressmen, Senators and Governors. His point: if the guys who need votes to retain office begin hearing from enough of their own constituents, they might start to say, "What's going on here?"

And I can guarantee that if they start asking that question, they are not going to like the answer.

Can someone PLEASE attach

the thread that had the contact info, to call and express our thoughts on this? I cant find it. I really wanted to call and tell them what a bunch of nazis they were, for upholding a stupid draconian law. Thanks!

Stand Together

We should stop this,I think I know a way.If every one who cares ,would engage (commit ) to a phone calling campaign ,and stick with it until Mr. Moses is released, we could educate the powers that be about " blowback " and correct this wrong.We need a coordinater to get enough commitments,post a phone list then pick a time to launch the campaign.We can stand together or go down seperately, it's up to us.
Live for Liberty
www.patriotsadvocate.net