Category Archives: National

New Mexico legislature passes civil asset forfeiture reforms

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nm-sealNEW MEXICO — The unconstitutional procedure of civil forfeiture is being given special attention these days thanks to the Land of Enchantment. The New Mexico legislature passed H.B. 560 to limit civil forfeitures in their State. Governor Susana Martinez, however, has yet to sign it into law. The organization Freedom Works is concerned about the delay.

Recently Eric Holder announced new rules actually restricting civil forfeiture.

According to the End Forfeiture web site, there is a distinct difference between civil and criminal forfeiture.

In a criminal forfeiture, as the name implies, forfeiture of assets occurs when one is convicted of a crime. The action is taken against a person which means the person is given all rights to a criminal trial and a lawyer if one can not be afforded. The burden of evidence is on the government.

In a civil asset forfeiture, “Civil forfeiture cases are in rem proceedings—meaning that they are technically brought against the property itself rather than its owner. This legal fiction means that police and prosecutors can take and sell your cash, cars, homes or other property without having to convict you or even charge you with any wrongdoing. Fighting back means having to pay for a lawyer yourself or go it alone. And instead of the government having to prove your guilt, under civil forfeiture you must prove your innocence. It is an upside-down world that where the government holds all the cards and has the financial incentive to play them to the hilt.”

The classic example used is the IRS. If you deposit $10,000 or more regularly, that is reported to the IRS. If one starts depositing just less than that amount, the IRS assumes that you are guilty of attempting to hide something and acts to seize all of your assets. There may be no criminal charges brought against the person, but the burden of evidence is on the person to to prove their innocence. That may require lawyers fees more than the assets are worth, thus allowing the government to keep the seized assets.

The new rules by Eric Holder would require government authorities to act only on probable cause that the funds were generated by illegal activity or planned to be used in future criminal activity. In addition, if the activity does not prove to rise to the level to bring either civil or criminal trial, the agency must return assets in full.

This is a policy change, however, and can be changed by subsequent nominations to the position of Attorney General. This is just one example of why it is important for the Senate to select wisely. Freedom Works is not impressed with the civil asset forfeiture record of Loretta Lynch.

Action at the national level is not restricted to the office of the Attorney General. Senator Rand Paul (R-KY) has submitted S. 255 Senator Rand Paul (R-KY), the Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act [H.R. 540 in the House submitted by Rep. Tim Walberg (R-MI-7)].

The Senate bill would ensure that a person contesting civil forfeiture has legal representation and increase the burden of proof by the federal government to clear and convincing evidence of a criminal activity.

The act of civil access forfeiture violates not only the due process of the Fifth Amendment, but the Fourth Amendment protection against unreasonable searches and seizures and to be secure in their effects.

Civil asset forfeiture is not restricted to federal abuse. State and local law enforcement agencies have been known to seize assets without due process. The Institute for Justice gave Arizona a grade of D in 2010 for the civil forfeiture procedures in the State.

The New Mexico legislation is being hailed as the most sweeping reform of civil asset forfeiture in the history of the practice.

See Also:
1. New Mexico Nixes Civil Asset Forfeiture: Leviathan Can Be Defeated — Forbes
2. Arizona Earns “D” In “Policing for Profit” Report — Institute for Justice

Bill introduced to prevent President Obama from renaming McKinley by executive order

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Denali_Mt_McKinley

Photo by a NPS employee from Wikipedia.

WASHINGTON — was submitted by the congressional delegation of Ohio fearful that President Obama will rename McKinley to Mount Obama by executive order.

Representative Bob Gibbs of Ohio submitted H.R. 437, the text which reads:

Notwithstanding any other authority of law, the mountain located 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall continue to be named and referred to for all purposes as Mount McKinley.

Okay, that is the April Fools part of the article.

Verily, the name given to the highest mountain in North America has been in dispute for some time. The Alaska Board of Geographic Names lists the mountain as Denali—meaning “the great one” in the Athabaskan language. The United States Board on Geographic Names lists it as Mount McKinley.

William_McKinley1896Efforts by Alaskan authorities have always been thwarted by the congressional delegation from Ohio—such as with this bill H.R. 437. Since being introduced in January, it moved from the House Committee on Natural Resources to the Subcommittee on Federal Lands March 2. The bill has no cosponsors.

Mount McKinley was named after William McKinley—the 25th President of the United States, serving from March 4, 1897, until his assassination in September 1901, six months into his second term. He was born in Ohio and this bill was submitted on January 21—eight days before the date of his birth in 1843.

It is rather interesting that this debate has not been given the same coverage by the media as the name of a football team.

Is Jade Helm operation a casual exercise or prelude to martial law?

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OPINION
Updated: 4/2/2015, 9:10 a.m.

300-jade-helm

But in republics there is more vitality, greater hatred, and more desire for vengeance, which will never permit them to allow the memory of their former liberty to rest; so that the safest way is to destroy them or to reside there.—The Prince, Nicolo Machiavelli CHAPTER V

Since the Daily Mail news story on Operation Jade Helm (PDF), the blogosphere has exploded with every possibility of conspiracy.

Concerns in the southwest are not totally unfounded; particularly in light of the Bundy Ranch episode last year on March 27. One communist web site, relying heavily on reports from the Southern Enriched-By-Taxpayer-Dollars Law Center, was stressed that the militia was actually doing what it is supposed to do. Stopping national government encroachment. The government-approved Federalist papers as, well as those Federalist Papers not so well-known, make that clear.

One can certainly question the premise of “Master the Human Domain.”

According to the Mail, the operation scheduled from July 15 to September 15 will feature:

  • Operation Jade Helm will see 1,200 service members including Green Berets and SEALs and special forces from the Air Force and Marines in July
  • Soldiers armed with blank rounds will operate in and around towns in Texas, New Mexico, Arizona, California, Nevada, Utah and Colorado for 8 weeks
  • The so-called Realistic Military Training has some residents fearful the drill is a preparation for martial law

The premise of this operation is that Texas has been invaded by a “hostile force” and has to be retaken.

Lieutenant Colonel Mark Lastoria denounced this as a prelude to martial law in Stars and Stripes.

Army Lt. Col. Mark Lastoria, a USASOC spokesman, confirmed that there is an upcoming exercise called Jade Helm 15 which is scheduled to take place this summer at locations in Texas, Arizona, New Mexico, Utah, Colorado, California and Nevada. But he denied the event is preparation for some sort of military takeover.

A judge in Texas apparently agrees.
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IC Wounded Warrior Outreach Fair Comes to NGA

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DASD-at-OWF-IC-Fair-at-NGA-2015.03.24-214x300National Geospatial-Intelligence Agency (NGA) opened its doors to wounded warriors as part of the Department of Defense internship program, Operation Warfighter, at the Intelligence Community Wounded Warrior Outreach Fair, March 24.

These Service members, many of whom had traveled from treatment centers in the National Capital Region, Virginia Beach and North Carolina, came to the event to network and learn more about the internship opportunities available to them.

In attendance were recruiting and outreach personnel from sister agencies and other IC stakeholders, including the Office of the Director of National Intelligence, the Department of Homeland Security and the Naval Criminal Investigative Service.

Read more at DOD Warrior Care Blog

Coconino County Board of Supervisors meet tomorrow in support of illegal immigration

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300-illegal-alienFLAGSTAFF — The Coconino County Board of Supervisors will be conducting a special executive session (PDF) tomorrow at 10 a.m. on the first floor board room in Flagstaff. The location is 219 E. Cherry Avenue.

In this session the Board of Supervisors will discuss the possibility of filing an amicus brief in support of President Obama and the defendants in Texas v. United States, No. 1:14-cv-254 (PDF). This is case in which a Texas federal judge ordered a cease to executive orders stopping deportation of illegal aliens. The case is in the 5th Circuit Court while Arizona is part of the 9th Circuit Court.

The session is an executive session, which means there will be no discussion allowed by the public.

Texas and 13 other States and several governors have filed suit against the United States representatives who have decided not to enforce the immigration laws passed by Congress.

Congressman introduced Life at Conception Act

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Alex X. Mooney, West Virginia

Alex X. Mooney, West Virginia

WASHINGTON — Rep. Mooney, Alexander X. [R-WV-2] has introduced H.R. 816—the Life at Conception act. The act would use the 14th Amendment to guarantee the right to life at all stages of life. The bill would also prevent prosecution of a woman for the death of her unborn child.

The bill defines a human person or human being as:

…every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.

The bill provides:

However, nothing in this Act shall be construed to authorize the prosecution of any woman for the death of her unborn child.

The bill is broadly defined to include cloning or any other method of fertilization which results in an embryo.

The bill, which was introduced February 9, has 82 co-sponsors and was referred to the Subcommittee on the Constitution and Civil Justice on March 16. Only one Democrat has co-sponsored the bill.

Congressional proposal formally extends I-11 to Southern Arizona

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PHOENIX –– As planning for the Interstate 11 and Intermountain West Corridor advances, Arizona Department of Transportation Director John Halikowski today expressed appreciation for the efforts of U.S. Senator John McCain and U.S. Senator Jeff Flake for their work to introduce the Intermountain West Corridor Development Act of 2015 to Congress.

The bill formally extends Interstate 11 from Wickenburg south through the Tucson area to Nogales, Arizona. Interstate 11 had previously received a congressional designation from Phoenix to Las Vegas. The Intermountain West Corridor Development Act would not only formally designate I-11 across Arizona from border to border by establishing a new international trade corridor, but would also extend the interstate north through Nevada as well, with plans to ultimately connect with existing high-priority corridors to the Canadian border.

This act formalizes and reinforces ADOT’s overall concept for Interstate 11 in Arizona. ADOT, through its two-year feasibility study, which was completed last fall, focused on and supported the concept of Interstate 11 that runs border to border throughout Arizona, beginning at the Hoover Dam Bypass Bridge and ending at the Arizona-Mexico border.

“I applaud the efforts of Senators McCain and Flake for their continued support to make Interstate 11 a reality,” said Halikowski. “As a part of ADOT’s Key Commerce Corridor plan, investment in corridors like Interstate 11 provides tremendous opportunities for Arizona to connect to other economic centers and up our game through increased trade, tourism, commerce, job growth and economic development throughout Arizona and the Intermountain West.”

The Intermountain West Corridor Development Act is also supported by Senators Harry Reid (D-Nev.) and Dean Heller (R-Nev.).

Other benefits of Interstate 11 include connections to major trade hubs and transcontinental roadways and railroad corridors, while improving safety and travel time along the north-south corridors of the western United States.

Last fall, the Arizona and Nevada departments of transportation completed an initial two-year feasibility study as the first step in the Interstate 11 process. In December, the Arizona State Transportation Board took action to approve $15 million for the Tier 1 Environmental Impact Statement, which will allow ADOT to begin an environmental study in the area between Nogales and Wickenburg. The Tier 1 EIS is expected to begin later this year and is estimated to take three years to complete.

Saving America’s Pollinators Act to ban neonicotinoids

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Beautiful flowers attract bees, butterflies and other insects.

Is CCD the result of neonicotinoids?

WASHINGTON — Representative John Conyers Jr. [D-MI-13] introduced a bill which should have Monsanto lobbyists working overtime. H.R. 1284, titled Saving America’s Pollinators Act, would ban neonicotinoids—A strain of pesticides said to be the cause of colony collapse disorder (CCD).

CCD is the decline of honeybee colonies which may be the result of neonicotinoids. It is tempting to use the famed Einstein quote about bees, but it is uncertain that he ever related bees to the decline and fall of man.

The “Findings” of the Congress in the bill says that

Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health.

A 2014 Forbes article apparently disagrees that there is a problem in a September 9, 2014 article. It contends that even if all of the honeybees were killed off, there are other pollinating insects—including other bees. In addition, some plants, such as corn, are pollinated by the air.

The text of the bill, however, claims:

Native pollinators, such as bumble bees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally-listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent.

Europe banned the pesticide in 2013 drawing the ire of a Forbes opinion piece. reported in an article that:

Neonicotinoids are extremely effective. Applied to the soil, sprayed on the crop or used as a seed treatment, they are taken up in the plant, discouraging pests from wrecking havoc on crops.

This, of course, begs the question that if these pesticides are drawn into the plant, are consumers eating the pesticides, as well. They obviously cannot be “washed off.” That issue is beyond the scope of this article.

While Forbes contends that it is no big deal if a few honeybees give their lives to save a few acres of crops (assuming that we are not ingesting the pesticide), the bill claims:

A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013–2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate.

If true, beekeepers probably do not agree with Forbes.

The bill, however, would not be permanent. The bill allows:

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) …

until the EPA determines whether or not these insecticides are actually causing harm to pollinators in general and honeybees specific.

While other bees, and even wasps, do produce honey, none do on the scale necessary to provide a food source. Their honey is also different and not as nutritious as that of the honeybee.

It seems that farmers and beekeepers are finding themselves in the situation of ranchers and sheep herders in the days of yore.

Oregon Congressman submits bill limiting the ability of Forest Service and BLM to create travel management plans

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Representative Walden of Oregon. (House Photo)

Representative Walden of Oregon. (House Photo)

WASHINGTON — Greg Walden of Oregon (R-2 district) introduced H.R. 1555, yesterday, which purports to require the Forest Service and Bureau of Land Management to obtain the consent of the local affected communities prior to implementing any travel management plans affecting access to National Forest System lands.

The Summary and Text of the bill is currently not posted so it is unclear how much limitiation will actually be included.

Congressman Walden wrote a letter earlier this month to Randy Moore and Jim Pena, U.S. Forest service Foresters for Region Five and Six, respectively. The letter was signed by all members of the Oregon delegation, five members from Washington State and one from California.

The letter complained about the manner in which the Forest Service holds their input sessions. The letter complains that the input sessions were urban focused and limited access to rural dwellers who would have difficulty traveling to the site to give their input. The letter stated:

For over 30 years, the Northwest Forest Plan has profoundly impacted the communities within our districts and any revisions to the plan will have a similar effect. Holding only three listening sessions disadvantages our constituents in these rural communities. Many of our constituents would have to travel several hours and hundreds of miles to participate. The cost and time commitments involved would likely present an unacceptable hardship for many residents who would otherwise participate in these sessions.

Forest Service notices usually include electronic and mailing addresses for input, as well.

The current title of the bill is:

To stop implementation and enforcement of the Forest Service travel management rule and require the Forest Service and the Bureau of Land Management to incorporate the needs, uses, and input of affected communities, and to obtain their consent, before taking any travel management action affecting access to National Forest System lands derived from the public domain or public lands, and for other purposes.

Aurora Products, Inc. Recalls Certain Walnuts and Trail Mixes Due to Possible Health Risk

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Orange, CT — Aurora Products, Inc. is conducting a voluntary nationwide recall of certain lots of NATURAL WALNUTS and TRAIL MIXES CONTAINING WALNUTS because they have the potential to contain Salmonella which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Product was distributed nationwide through retail stores. Product was also distributed in Canada and Bermuda.

No illnesses have been reported to date.

Aurora is communicating with stores that have received the affected product. Stores have been instructed to cease distribution of these products and to remove the affected product from store shelves.

The affected products were produced by Aurora Products, Inc. The potential for contamination was noted after routine testing by an outside company contracted by the FDA revealed the presence of Salmonella in one container of natural walnuts product. Organic walnuts are not affected.

Consumers that have the products listed below are urged to not eat it and destroy the product or return it to the point of purchase. Customers with questions can contact Aurora Products, Inc. for further information at (800)-898-1048 between the hours of 9:00AM to 5:00 PM EST Monday – Friday.
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