denniscomments

political and social commentary about the flat earthers and other ridiculous subjects

Why Marijuana Won’t be Legalized.It is essential to the Police shakedowndlblewitt,JDIt has been over four decades since I took my first graduate course in criminology. Not much has changed since then, except that facts accepted by social scientists have been denied by people in power who find the science inconvenient.. The biggest change is the increase the in ignorance of the general population, followed by the corruption of the government. No one but a village idiot could have studied the drug situation and still believed in the gateway drug theory as expounded by BNDD director, Henry J. Anslinger, propagandist extraordinary. He maintained that because most heroin addicts stated they smoked marijuana first, it was a gateway drug to addiction. He persisted in his fictitious version of reefer madness into the sixties, pushing his toxic bull shit to the newly formed Drug Enforcement Agency, who for political rather than logical or factual reasons bought it lock, stock and barrel. Restated, the public is conned into believing that heroin can be controlled by arresting pot offenders.The theory goes something like this, and I recall from four decades ago. 95% of all heroin addicts stated that they tried marijuana before becoming addicted. Therefore, marijuana is the gateway drug to heroin addiction, which causes your daughters to enter prostitution to support their habit. One could also state that 100% of all heroin addicts breathed before taking heroin. Or, one could say that every biker gang member started out on bicycles. The logic is about the same. There is no assertion of causality, but it plays well to the PTA, Lions, Legionnaires, MADD and other cheerleaders for the lies and fear-mongering of the power structure to subjugate the people and keep them policed.The gateway theory has been cited by “experts” who obviously failed logic but passed rhetoric and are intellectually challenged. Additionally, the demonization of the gateway product is in full force, blaming marijuana on auto accidents, pregnancies, sterility, stupidity and all other kinds of ailments. It has become a key ingredient in the Theocrats’ attack on science. Image and message trumps science. Superstition, prejudice and ignorance trumps science. Science is demonic, ungodly, heathen and bad for the country (at least the 1 per-centers). Over the decades, theory and study of crime causality has taken a back seat to punitive measures and mass incarceration. The country has become statistically challenged.When I first studied criminology many decades ago, the concerns were organized crime, price fixing by the big electrical companies of hydroelectric generators, extortion, robbery, murder, predatory behavior of the con-artists and the like. I spent hours pouring over the records of the McClellan and Keafauver committees. Causality of crime was studied, not paranoid dreamt up scenarios from someone’s imagination. Greedy corporate executives had slightly higher status than garbage collectors and lawyers. There was a movement to stop predatory practices of the corporations and have truth in lending for consumers. The new Uniform Commercial Code was being adapted and there was change in the winds. The people were not fair game for the rich and powerful. The common person had some recourse and were protected by the law against exploitation. Black people had a trial before they were lynched and some even got to vote and lived to tell about it. There was a sense of community and cohesion. Taverns and bars were looked at as community centers where consensus and opinion were created, not dens of evil. The corporations answered this cohesion with well funded diversions focusing union corruption and patriotism.Then came the civil unrest of the Nixon years and things changed. The saying “give them an inch and they will take a mile” was the favorite saying of the radical whites in the country. Civil rights were here, but the blacks weren’t satisfied. They wanted more than rights. They wanted equality. When it didn’t come fast enough, the blacks got restless and rioted in some cities. Of course, the disoriented nervous whites got anxious and even scared. The Viet Nam war gearing up, which was not too popular. The rulers were fearful of a public they could not control or manipulate. TV showed Buddhists monks engaging in self-emoliation and Black Panthers brandishing assault rifles and bandoliers at the Reagan Capital in Sacramento. Reagan walked around with a load in his pants that day. Law and order became the mantra of the fearful and confused., This was code for “stop the blacks.” And both races knew it. So, after a spectacular convention in Chicago which decimated the Democrats, the Republicans elected Richard Nixon.The marijuana war intensified rather than gearing down. The country became preoccupied with drugs, causing the US to have the highest incarceration rate in the world. Although crime rates listed by the FBI remained somewhat static, incarcerations increased. Law enforcement was becoming the “rogue elephant.” When Denver passed an ordinance making enforcement of Marijuana law the lowest of police priorities, marijuana arrests almost doubled the next year. This isn’t the result of a few rogue elephants, it is a stampede, the result of institutionalized behavior. The same phenomenon has been reported in New York. President Obama promised drug law reform, yet the justice department is loudly protesting and waging fear campaigns on the marijuana users. To the uninitiated, this seems confusing.Why all the enforcement activity? Doesn’t the government realize how much money in taxes the marijuana industry generates? Why are they killing the goose laying the golden egg? The Denver Post’s John Ingold reported $2.2 million in sales tax for marijuana tax revenue in November 2010. This was only for part of the year. The Attorney General of Colorado responded that “…the new revenue stream doesn’t change his opinion of dispensaries.” (said through a spokesman) The revenue stream from medicinal marijuana comes from fees charged dispensaries, caregivers and patients and sales tax on the substance sold in dispensaries. The tax revenues go mainly to cities and the state to fund their projects. The fees go to the Department of Revenue. So, with that kind of revenue, “why are the cops whining”, ask the naive and innocent?I ask in return, “Didn’t you see the videos of the Occupy Wall Street protests in New York, Las Angeles, Oakland, and Berkeley? If not go look at them. Look at the police. Look at their equipment. They are all dressed in expensive riot gear.” That shit costs money. Compare this with the dress of the Chicago Police at the 1968 Democratic convention. The difference in equipment is due to the drug war. The money comes from the drug war budget, which is bloated by confiscations and forfeitures. With legalization, the cops are left out, and the gravy train grinds to a halt. Instead, the proceeds are going to such things as roads, schools, health care, assistance to the poor and disabled, and infrastructure, things that used to be a priority before the advent of the police state. Additionally, the corruption J. Edgar Hoover referred to when he forbade FBI agents to engage in drug enforcement, would cease. Cops would afford fewer donuts, planes and condominiums.For years, I believed that the police were ignorant dunderheads. They followed orders like good martinets and did not question things. They were true believers, not confused by facts or evidence. Concepts such as fairness, justice, due process and the Constitution were for bleeding hearts. They would not let ideology or justice interfere with their duty. These simple people believed they were just doing their jobs. They would blindly follow because they were brainwashed. Then, I conquered my prejudice and ignorance. Cops actually were not stupid. Most detectives had attended college. How then, could they then ignore all the reports and recommendations of experts since the Eisenhower report in the ‘50’s? Some were unaware of the existence of reports. Some didn’t care, because they believed in what they were doing. And, some were just sadistic bastards, drunk with power fueled by their bigotry and ignorance. And, some were in it for the money. So, I started examining the curriculum of the courses offered by police. I didn’t expect them to have the same education as I for many reasons. However, most colleges or universities teach the same facts, discuss the same research and theories. Then, a friend in the political science department provided me with some government publications regarding grants and research proposals. None dealt with causality. They dealt with mechanics of arrest, trial, and confinement. Some dealt with procedures that streamlined the assembly line to incarcerate more persons efficiently. Management by objective ruled and political policies were geared toward punishment and revenge. Police action was calculated to make the public feel good or secure, not to be effective. The image was everything. There was always enough fear from the police to insure generous budgets. This worked like the mafia protection racket. Theoretical criminology was ignored. It was inconvenient and contradicted what the politicians wanted. The criminal justice area was almost void of any intellectual content. If the students aren’t taught anything, they can’t be expected to act intelligently. They also don’t rock the boat and agitate for change. Causality didn’t matter, only public perception of protection counted. Image was all.There is also a more insidious side to the drug war policy. Several would be cops joined vice and narcotics to get rich. The opportunity for bribes and extra money is almost boundless. Additionally, oversight is sloppy or negligible. I was involved in several cases where the evidence confiscated from the defendants ended back into the market place, placed there by police or Government. Courts and prosecutors turned a blind eye to the evidence. If that weren’t enough, the police state became self funding through fines and forfeitures, perpetuating corruption on a massive scale. Crime enforcement has become the new aphrodisiac for the perverts and bullies. Several abuse cases have been reported such as the broom handle rape in New York, the killing of arrestees, and other atrocities that may or may not have made the papers. Instead of constraints, sanctions and oversight, things are concealed or covered up. Judges, coming from the police establishment conspire with the officers and prosecutors to encourage perjury, sadism and other misconduct, imbued with a belief that the ends justifies the means. They identify with the imaginary problems of the police in following the rules, which might result in a less than desired result. Judges don’t view their purpose as protecting the citizenry. They believe they should expedite convictions to help fill the jails, and reward their police constituency. The Constitution is no longer the law of the land, but an impediment to efficient enforcement of assembly line justice, where any judge can rationalize ignoring the citizens for the sake of exigency. Get the guilty has replaced the idea of protecting the innocent. We have a post-legal society.Presently, close to 75 % of drug arrests are for marijuana1. It is an easily identifiable commodity with a distinct smell, look, and fan base. As long as the police and public buy in to the gateway fiction, the police can justify their budgets by claiming they are preventing heroin addiction by enforcing the draconian marijuana laws. They are protecting the public with the crusade against marijuana. Not so. They are perpetuating a bureaucracy. They are protecting their status and budgets.Drug enforcement policy has nothing to do with protecting the public, preventing harm to the youth, and other bullshit reasons given for the drug war by the cynical enforcement cabal. Instead, it has everything to do with money. Look how the additional funding for police enforcement is utilized. It is used for surveillance and riot equipment and other means of repression, not to solve crime. Marijuana arrests justify the drug budget. Heroin and cocaine are hard to detect and therefore the case numbers won’t justify the budget. But as long as we have a fearful population and lying, corrupt police and officials, we will have marijuana prohibition to perpetuate the fiction of good policing. The officials know better. They aren’t stupid (no matter how hard they try to look that way). They want to control us in order to be able to exploit us. That is why they now are proposing domestic surveillance drones. Fear equates to greater budgets and more toys.It is time for the citizenry to wake up and smell the weeds. They are in the police agencies and greedy politicians, fed by greedy corporate predators. They are perpetuating a fearful society. They are destroying the societal fabric with suspicion and jealousy and no end is in sight. They are relying on ignorance and lack of interest. They count on a docile population, just as a King of France and his wife Marie once did. It is time for the people to be heard. It is time for dialogue and discussion. It is time for action. You can’t fool all the people all the time! (Hopefully). We have to make officials and politicians know that we want safe roads, bridges, water, hospitals, sanitation, and the rest of the infrastructure. Show them we value education over-incarceration. We want to lead the world in freedom, not in repression and incarceration. We were a democratic republic, not a totalitarian police state. Show them we no longer tremble in fear of your imaginary bogey man. It is time they fear us–the people, not the press and public relations consultants. Start writing your council, legislature, commissioner, governor, congress, senate, and president. Let them hear people rather than money. If they don’t listen, shun them. Embarrass them, berate them and expose their greed and ignorance to others. Stand up and be counted. Destroy a prison, build a bridge. Be courageous. Be free.1 Of those charged with marijuana violations, approximately 88 percent (758,593 Americans) was charged with possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses. Crime in America: FBI Uniform Crime Reports 2008 (Washington, DC: US Dept. of Justice, 2008),Incarceration in the United States is one of the main forms of punishment and/or rehabilitation for the commission of felony and other offenses. The United States has the highest documented incarceration rate in the world. At year-end 2009 it was 743 adults incarcerated per 100,000 populationAccording to the U.S. Bureau of Justice Statistics (BJS) 2,266,800 adults were incarcerated in U.S. federal and state prisons, and county jails at year-end 2010 — about .7% of adults in the U.S. resident population. [5] Additionally, 4,933,667 adults at year-end 2009 were on probation or on parole.[4] In total, 7,225,800 adults were under correctional supervision (probation, parole, jail, or prison) in 2009 — about 3.1% of adults in the U.S. resident population.In addition, there were 86,927 juveniles in juvenile detention in 2007Perhaps the single greatest force behind the growth of the prison population has been the national “war on drugs.” The number of incarcerated drug offenders has increased twelvefold since 1980. In 2000, 22 percent of those in federal and state prisons were convicted on drug charges.Incarceration in America, Human Rights Watch (April 2003)

 Fifty Years as a Drug Warrior

Dennis L. Blewitt, J. D.    (Spring, 2014)

            I got drafted for the drug war 50 years ago.  Most warriors in most armies can retire after 3 or 3 decades, but those of us in the guerilla movement don’t have that luxury.  I will comment on common issues, policies and activities in the drug war and try to put them in historical perspective.  I will try to be factual, when convenient, but remember, this is commentary and my perspective only.  My hope is that the modern drug war freedom fighter can be more effective and better serve as a result of this.  I will write from point of view of 50 years of NLG participation and activity.  I welcome feedback, criticism and hate mail.  I view the day a total loss if I don’t piss off at least one person.  But it does no good if it doesn’t result in action.  So, enjoy.

            I first was introduced to the NLG in the 60’s through its “Fair Play for Cuba” activities centered on the activities of Bay of Pigs.  The lawyer for them was Harry Nier, veteran of the Army McCarthy hearings..  The guild activities concerning Cuba ceased with the assassination of John F. Kennedy.  His alleged assassin was publicly connected with Fair Play, which was later discredited as a false flag.   However, there were new playgrounds in which to play.  I chose the Civil Rights movement.  Getting stung with cattle prods and beaten by cops seemed like a good way to meet people.  As outside agitators, we all ran the risk of having weed planted on us as a roust and to discredit the movement.  Weed wasn’t recognized as a societal threat then and was not illegal per se.  The offense was tax evasion, so one could say that I started out as a tax lawyer.  Intelligence divissions of the police soon learned that planting marijuana was good press and could justify an occasional swing by the billie club.

            By the mid 60’s, the draft was breathing down the necks of my cohorts and it seemed like fertile ground for an activist.  This is where encountered “Red Squads.”  The anti-Communist spies started looking at draft protesters and civil rights activists.These people would infiltrate and report back to the FBI’s cointel program or to local police.  One favorite trick of the squad was to plant marijuana on marchers.  It was an fun and was totally effective in destroying the legitimacy of a movement.  So, one could say that the great value of marijuana prohibition was to disturb the public and discredit activists by branding them as drug crazed lunatics.  This soon became associated with long hair, draft resistance, and protest.  Protesters started wearing masks in defense to avoid being identified.

            However, associating marijuana with hippies, war protesters, civil rights activists and the like backfired.  The emerging police state relied upon the propaganda espressed by “Reefer Madness” and other bad press.  This fear mongering was only effective with conservatives, WWII veterend, bikers, unions and other conservative or patriotic groups.  However, the yound knew better.  Soldiers were returning from Viet Nam, totally immersed in cannabis knowledge, learned from their officers and CIA agents among them.  They were in a good position to compare the effects of weed to that of napalm, mines and agent orange, the more accepted toys of their masters.  The weed kept them from “fragging” their officers and was actually relied upon as a safety device by the commanders.  It could also be used for barter at the brothels and trinkets.         

            When I started my law practice in Boulder, I thought I was ready.  Most people would have thought I was on acid, but it wasn’t around then.  I went with a tax firm and started doing tax cases, possessing marijuana without paying $100 per oz. tax.   I did marijuana cases and my clientele were mostly hippies and draft resisters. I had no idea where it would lead, but it has been a real adventure, exposing me to Black Tunas, Fuchs, the Company, CIA, Mafia and lots of other groups and interesting people.  I had clients who smuggled for Ruby, supplying Castro and Batista involved in the drug and gun trade, smugglers working for intelligence agencies and assorted clients fed to the fodder mill of “justice” to divert attention to the real issues and dangers.  The whole area is political.

            Consequently, I view the drug war totally in a political context along the lines of Weber and C. Wright Mills, not in a partisan sense.  It is a war against the people and an instrument of oppression.  It is the subject of much propaganda and very little knowledge.  The drug war and the media induced propaganda has been the implement of destruction to the Constitution.  It has encouraged, funded and established a police state, turning our country into an oligarchy, albeit not as crude as Russia’s.  Government inspired or induced fear dictates our policy making us the country with the highest incarceration rate in the world.  It has been used to destroy cohesiveness between the people and turn everyone into an enemy, justifying turning the police into an occupation army.  Unlike Europe, we do not have evidence based policy.  Ours is propaganda based policy.  This is what I will address my future articles.  I will try not to be provincial, but since I grew up in a small town rural environment and went to college 40 miles away.  I attended a public school that had grades 7 through 12 in the same building.  I practice in Boulder Colorado and will refer to that city occasionally because it is all I know.  I ask your indulgence.

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dlb

 Fifty Years as a Drug Warrior

Dennis L. Blewitt, J. D.    (Spring, 2014)

            I got drafted for the drug war 50 years ago.  Most warriors in most armies can retire after 3 or 3 decades, but those of us in the guerilla movement don’t have that luxury.  I will comment on common issues, policies and activities in the drug war and try to put them in historical perspective.  I will try to be factual, when convenient, but remember, this is commentary and my perspective only.  My hope is that the modern drug war freedom fighter can be more effective and better serve as a result of this.  I will write from point of view of 50 years of NLG participation and activity.  I welcome feedback, criticism and hate mail.  I view the day a total loss if I don’t piss off at least one person.  But it does no good if it doesn’t result in action.  So, enjoy.

            I first was introduced to the NLG in the 60’s through its “Fair Play for Cuba” activities centered on the activities of Bay of Pigs.  The lawyer for them was Harry Nier, veteran of the Army McCarthy hearings..  The guild activities concerning Cuba ceased with the assassination of John F. Kennedy.  His alleged assassin was publicly connected with Fair Play, which was later discredited as a false flag.   However, there were new playgrounds in which to play.  I chose the Civil Rights movement.  Getting stung with cattle prods and beaten by cops seemed like a good way to meet people.  As outside agitators, we all ran the risk of having weed planted on us as a roust and to discredit the movement.  Weed wasn’t recognized as a societal threat then and was not illegal per se.  The offense was tax evasion, so one could say that I started out as a tax lawyer.  Intelligence divissions of the police soon learned that planting marijuana was good press and could justify an occasional swing by the billie club.

            By the mid 60’s, the draft was breathing down the necks of my cohorts and it seemed like fertile ground for an activist.  This is where encountered “Red Squads.”  The anti-Communist spies started looking at draft protesters and civil rights activists.These people would infiltrate and report back to the FBI’s cointel program or to local police.  One favorite trick of the squad was to plant marijuana on marchers.  It was an fun and was totally effective in destroying the legitimacy of a movement.  So, one could say that the great value of marijuana prohibition was to disturb the public and discredit activists by branding them as drug crazed lunatics.  This soon became associated with long hair, draft resistance, and protest.  Protesters started wearing masks in defense to avoid being identified.

            However, associating marijuana with hippies, war protesters, civil rights activists and the like backfired.  The emerging police state relied upon the propaganda espressed by “Reefer Madness” and other bad press.  This fear mongering was only effective with conservatives, WWII veterend, bikers, unions and other conservative or patriotic groups.  However, the yound knew better.  Soldiers were returning from Viet Nam, totally immersed in cannabis knowledge, learned from their officers and CIA agents among them.  They were in a good position to compare the effects of weed to that of napalm, mines and agent orange, the more accepted toys of their masters.  The weed kept them from “fragging” their officers and was actually relied upon as a safety device by the commanders.  It could also be used for barter at the brothels and trinkets.         

            When I started my law practice in Boulder, I thought I was ready.  Most people would have thought I was on acid, but it wasn’t around then.  I went with a tax firm and started doing tax cases, possessing marijuana without paying $100 per oz. tax.   I did marijuana cases and my clientele were mostly hippies and draft resisters. I had no idea where it would lead, but it has been a real adventure, exposing me to Black Tunas, Fuchs, the Company, CIA, Mafia and lots of other groups and interesting people.  I had clients who smuggled for Ruby, supplying Castro and Batista involved in the drug and gun trade, smugglers working for intelligence agencies and assorted clients fed to the fodder mill of “justice” to divert attention to the real issues and dangers.  The whole area is political.

            Consequently, I view the drug war totally in a political context along the lines of Weber and C. Wright Mills, not in a partisan sense.  It is a war against the people and an instrument of oppression.  It is the subject of much propaganda and very little knowledge.  The drug war and the media induced propaganda has been the implement of destruction to the Constitution.  It has encouraged, funded and established a police state, turning our country into an oligarchy, albeit not as crude as Russia’s.  Government inspired or induced fear dictates our policy making us the country with the highest incarceration rate in the world.  It has been used to destroy cohesiveness between the people and turn everyone into an enemy, justifying turning the police into an occupation army.  Unlike Europe, we do not have evidence based policy.  Ours is propaganda based policy.  This is what I will address my future articles.  I will try not to be provincial, but since I grew up in a small town rural environment and went to college 40 miles away.  I attended a public school that had grades 7 through 12 in the same building.  I practice in Boulder Colorado and will refer to that city occasionally because it is all I know.  I ask your indulgence.

                        #                      #                      #                      #                      #

dlb

BRING IN THE CLOWNS (GREEDY, SELFISH, IGNORANT, AND CLUELESS POLITICIANS) HOW IT HAPPENED

Springtime—Roundup, Time for Making Steers
Police and Press Castrate Lawyer-Politicians
Dennis L. Blewitt, Esq


I have been a criminal defense lawyer for over 4 decades and am proud of that fact. I have battled my whole career to defend the Constitution and the rights of the citizenry. I am also a teacher and proud of that fact. What I am not proud of is the way in which some lawyers abandon principles and integrity to gain public office, or have absolute no courage to stand up for what’s right, going along with the herd, rather than leading it and still claiming to be a lawyer.
When I grew up, we had cattle. We had no bulls, just steers. Steers were docile and intended for slaughter. Bulls were for breeding and maintaining the species and were anything but docile. Every spring, cattle were rounded up and males were made steers by a simple procedure called castration. When I was young, I played with the steers. They were gentle and some followed me like a puppy. My father would admonish me not to play with the food, but I generally ignored him. However, I didn’t ignore his warnings about getting into a bull pen. That was dangerous, because bulls could not be led around like puppies and led to the slaughter.
I conjured up these images after reading about the utter lack of principles in the US Senate when voting down lawyer Debo Adegbile, the nominee for the appointment of the head of the Civil Rights Division of the Department of Justice. The attorney worked on a case involving activist Abu-Jamal, a long time prisoner who recently moved from death row. Jamal was convicted of shooting and killing a police officer in Philadelphia. The case was controversial and an example of either police and prosecutorial incompetence or worse. Amnesty International, an organization dedicated to maintain fairness in judicial proceedings said the following,
Mumia Abu-Jamal was sentenced to death for the murder of a police officer in 1982 after a trial that failed to meet international standards. In this report Amnesty International conducts a full analysis of the trial of Mumia Abu-Jamal including the background and atmosphere prevailing in the city of Philadelphia in 1982 and the possible political influences that may have prevented him from receiving an impartial and fair hearing.
However, the actors don’t seem to care. Jamal became a symbol. The police took any challenge as a direct affront to their conspiratorial brotherhood. The shameless opposition to the nomination put the widow of the murdered cop on display exhibiting ignorant prejudice to the max. Police claimed that to vote for the attorney who was involved in the case was bad. It was a slap in the face to all the jack-booted thugs in uniform. The press didn’t mention that the case of Abu-Jamal came after the repression of ex Philadelphia police commissioner turned mayor, Frank Rizzo.
Ironically, the candidate wasn’t the trial lawyer in the case. He just worked on it. But no matter. He didn’t participate in the lynching of the Black Panther reporter. Therefore, he is undeserving of any appointment to the “Justice Department.” Does that sound crazy to anyone other than me? Apparently not. I haven’t seen outrage from the citizenry, who also seems to be cowed by the cops. Maybe, to be head of the Civil Rights Division, a lawyer has to be anti-civil-rights like Jerris Leonard, administrator of the Law Enforcement Assistance Agency, famed for finding (some say planting) evidence and took a dive in the Grand Jury investigation of District Attorney of Chicago Hanrahan and the Black Panthers so that the FBI could keep Cointel Pro shenanigans a secret.
What infuriates me is that most of these Senators were trained as lawyers, steeped in the traditions of our Anglo-American court system. Law trained members are almost 60% of the body. One Senator claimed that Adegbile’s nomination was a “thumb in the eye of our law enforcement officers” (Senate Minority Leader Mitch McConnell (R-Ky.) Well, what about the insult to those of us who work hard for the Constitution and human rights, actively resisting the police state. We remember the antics of the Philadelphia police under mayor Rizzo. We all have seen u-tube examples of police running roughshod over the citizens. The only group standing in the way of the police state is lawyers. And the Senate thinks they can slap us in the face without any consequences. They believe that they have been so successful selling fear that the public hates lawyers and still worships corrupt cops. Bullshit!!
Lawyers have a noble tradition of helping the poor, downtrodden and oppressed. Some of our predecessors held an English king at sword point in 1215, 800 years ago, and had him sign a civil rights guaranteeing, among other things, that the king would appoint judges “learned in the law” Clause 45 said that the King should only appoint as “justices, constables, sheriffs, or bailiffs” those who knew the law and would keep it well. So what was so special about someone trained in the law 800years ago? Why is that relevant now? Tradition!
Lawyers have taken oaths since Charlemagne. There were serious penalties for violating the oaths, including ex-communication. The custom came to the United States from England before the revolution. Lawyers owed an obligation to the law and to their clients. They don’t owe any obligation to whiney cops, especially those sanctioned by international watchdog organizations. It is not that the Senators are ignorant. They just don’t feel that the oaths taken mean anything, especially to them. Oaths are a means to power and can be discarded when power is attained. At least, that is what they appear to believe.
Now I can hear the cattle lowing, ignorant of the slaughter that awaits them. Had they kept the anatomical part that made them a steer, they probably would not be in a herd on the way to the market. They would be free on the range, not worrying about the next meal (or election). The real tragedy is that these congressional steers are too damned stupid to tell that they are cowards. They pay lip service to the Constitution. What a laugh. The only lip service they know is performed on the perturbing part above the subject matter of castration attached to the rich and powerful that promise them they won’t soil them. Well, I got to figure that the above arrangement is the only way they can get sperm since they are incapable of producing any.
Curiously, I noticed a change public attitude during the Reagan years. Until then, I was never challenged as a defense attorney. Most people knew that defense attorneys were an integral part of the American way of government. We were admired for taking unpopular stands against the powerful. We stood up for the little guy and we were respected. We worked with police and prosecutors and were not considered an enemy. That is, until the non-practicing lawyers of the Nixon Administration. These people had law degrees, but weren’t practicing lawyers. Lawyer jokes ran rampant and stereotyping was the rule of the day.
Ignorance prevailed and very few cared about the Constitution or other theoretical niceties. The public was fearful and the power structure nurtured that fear to feeding frenzy. There was a push toward law and order. The government sold protection just like the mafia. The powerful lied, cheated and swindled, robbing the people of their money, future and pride. The wolves gathered and the citizens were the prey. Scapegoating was the norm. Zero tolerance became the mantra of the fearful and ignorant. Zero tolerance precludes any debate and allows those with power to exercise it without restraint. The checks and balances were gone. Business minds and management by objective took over. If you weren’t with them, you were against them. The social and political world became dichotomized, with the rich setting the narrative. They controlled the propaganda machine and was able to terrorize the people into giving up; rights for protection.
Those who knew better were curiously absent. They were dead, exhausted or indifferent. A machine of corruption was constructed where science, logic, justice and fairness were all abolished. The press said that the people wanted protection and sold the people on that idea. The rulers manufactured enemies and threats to keep the people afraid. The powerful then took away any tools of resistance by wrecking the economy and limiting discretionary income. The average citizen was nervous and the middle class was decimated. This was done by the gutless politicians and officials who hadn’t the courage or intelligence to resist.
When I go to Severance Colorado to an oyster fry, I will think of all the people in Washington whose testicles wouldn’t even make a decent meal. The rich and powerful have castrated any who might be a threat and the public has been dumb-downed to not understand. They are concerned about non-issues involving different life-styles rather than concerned about whether or not we will even have a life. They would rather judge than think.
I lament the profession of which I used to be a proud member. I can no longer be proud. I can no longer believe that our Country is the best or its people the finest. I have watched something noble and admirable destroyed by bad public relations and divisiveness. I believe that if we lawyers, as a group, were to speak out, there would be some change. But, we can’t blame congress for everything. Lawyers are trained to lead and to give advice.
We have abdicated that role to the uneducated police and simple minded reporter who will say anything to sell copy. We can no longer stand up for our clients, how can we stand for anything else. We should collectively file grievances against the Senators who were trained as lawyers and took an oath to support the constitution and the law. It is about time that we made officials accountable and responsible to the citizenry, not the power elite and their minions. We should shun those that ignore the cannons of their profession for the sake of largess. We should embarrass and humiliate those in Government who are too embarrassed to do right. These people all deserve to be made into food and fed to the people upon whom they prey. I suggest that the citizens call the conduct of their law licensed Senators to the local bar qualifications authority. Let the Senators know that we want real civil rights in the Justice Department, not the police version the same. Do something. Show outrage. Show you care.
As I eat in Severance, I hope you ingest and like this food for thought.

REMEMBERANCES

Of Defense Attorneys And Dinosaurs


Dennis L. Blewitt, JD
There was a time when defense attorneys were considered an integral part of the criminal justice system. They were viewed as a resource for the Courts, Distract Attorneys, and people. We were essential to a fair system of justice and protection of the poor, downtrodden, disabled, feeble, infirmed and stupid. Now, defense attorneys are viewed as an impediment to the orderly administration of “justice,” or the assembly line processing of cases through the system.
We were never asked inane questions like “how in good conscious can you represent a guilty person?” or “how can you live with yourself?” We became the butt of lawyer jokes and were equated with the segment of the public which we represent. Nothing was mentioned of the corrupt business executive that looted their companies, stockholders and public, robbed pension plans, and destroyed little old ladies. The Watergate characters were lawyers, as was Nixon. Therefore, all lawyers must be bad. Today, this has carried over and is combined with the military training of police. Defense attorneys challenge the assertions of police that a murder by a police officer is justified by self-defense. In one case, a man reported his pickup as stolen when his son took it to buy cigarettes. No more problems. The 18 year old is dead. Similarly, knife wielding man shot 60 times by police was called into question by lawyers.
District Attorneys whitewash the military response of the police to youthfulness, mental illness and misbehavior as justifiable because the officer was in fear of his life or was following protocols or training. DA’s don’t question the necessity of death, defense attorneys do. So it is better to rid the Courts of defense attorneys than to de-militarize the police. Since we generally oppose this form of martial law, we have to be silenced. That is much easier to do than a decade or two ago. We no longer are view as one problem solving resource. We are viewed as obstructionist, impeding police action, and not affording the police the proper amount of respect.
There used to be three separate and equal branches of government which acted as checks and balances of power. That no longer is the case. It used to be that legislators and attorneys were exempt from service of process while in court or in transit. No longer. We are now third wheels. Judges, prosecutors, police and public defenders, all state paid, are not searched and humiliated by armed guards and metal detectors while going to work. Scumbag defense attorneys are. The courts were once our place of employment, where we could talk to clerks, court recorders an judges regarding court business. Now the presence of an attorney in the court chambers is arrested for obstructing the business of the court and trespass like a common criminal. Of course, this adds to the poor image of lawyers perceived by the public, when they see lawyers treated as criminals by the court personnel. We no longer meet with prosecutors regarding cases to discuss a case. Instead, people are herded into a hallway, see a deputy district attorney in a broom closet sized room, where we are given an ultimatum by an under 30 prosecutor who has determined a fair resolution based upon the written reports of the officer. In such a case a defense attorney is superfluous. Having to perform a charade of fairness takes time which could be more effectively used to fill the corporate programs with the mass of defendants in the building.
In England, the lawyers went on strike because of injustices in the system. In the U.S., lawyers go along and do not make waves in their scramble to make money. I guess that’s justice.

Why Marijuana Legalization is Difficult.

It is essential to the Police shakedown, part of the radical racket.

D l blewitt,JD

                It has been over four decades since I took my first graduate course in criminology.  Not much has changed since then, except that facts accepted by social scientists have been denied by people in power who find the science inconvenient.  The biggest change is the increase the in ignorance of the general population, followed by the corruption of the government.  No one but a village idiot could have studied the drug situation and still believed in the gateway drug theory as expounded by BNDD director, Henry J. Anslinger, propagandist extraordinary.  He maintained that because most heroin addicts stated they smoked marijuana first, it was a gateway drug to addiction.  He persisted in his fictitious version of reefer madness into the sixties, pushing his toxic bull shit to the newly formed Drug Enforcement Agency, who for political rather than logical or factual reasons bought it lock, stock and barrel.  Restated, the public is conned into believing that heroin can be controlled by arresting pot offenders.

                The theory goes something like this, and I recall from four decades ago.  95% of all heroin addicts stated that they tried marijuana before becoming addicted.  Therefore, marijuana is the gateway drug to heroin addiction, which causes your daughters to enter prostitution to support their habit.   One could also state that 100% of all heroin addicts breathed before taking heroin.  Or, one could say that every biker gang member started out on bicycles.  The logic is about the same.  There is no assertion of causality, but it plays well to the PTA, Lions, Legionnaires, MADD, and other cheerleaders for the lies and fear-mongering of the power structure to subjugate the people and keep them policed. 

                The gateway theory has been cited by “experts” who obviously failed logic but passed rhetoric and are intellectually challenged.  Additionally, the demonization of the gateway product is in full force, blaming marijuana on auto accidents, pregnancies, sterility, stupidity, and all other kinds of ailments.  It has become a key ingredient in the Theocrats’ attack on science.  Image and message trumps science.  Superstition, prejudice, and ignorance trumps science.  Science is demonic, ungodly, heathen, and bad for the country (at least the 1 per-centers).  Over the decades, theory and study of crime causality has taken a back seat to punitive measures and mass incarceration.  The country has become statistically challenged.

                When I first studied criminology many decades ago, the concerns were organized crime, price fixing by the big electrical companies of hydroelectric generators, extortion, robbery, murder, predatory behavior of the con-artists and the like.  I spent hours poring over the records of the McClellan and Kefauver committees. Causality of crime was studied, not paranoid dreamt up scenarios from someone’s imagination.  Greedy corporate executives had slightly higher status than garbage collectors and lawyers.  There was a movement to stop predatory practices of the corporations and have truth in lending for consumers.  The new Uniform Commercial Code was being adapted and there was change in the winds.  The people were not fair game for the rich and powerful.  The common person had some recourse and were protected by the law against exploitation.  Black people had a trial before they were lynched and some even got to vote and lived to tell about it.  There was a sense of community and cohesion.  Taverns and bars were looked at as community centers where consensus and opinion were created, not dens of evil.  The corporations answered this cohesion with well-funded diversions focusing union corruption and patriotism.

                Then came the civil unrest of the Nixon years and things changed.  The saying “give them an inch and they will take a mile” was the favorite saying of the radical whites in the country.  Civil rights were here, but the blacks weren’t satisfied.  They wanted more than rights.  They wanted equality.  When it didn’t come fast enough, the blacks got restless and rioted in some cities.  Of course, the disoriented nervous whites got anxious and even scared.  The Viet Nam war gearing up, which was not too popular.  The rulers were fearful of a public they could not control or manipulate.  TV showed Buddhist’s monks engaging in self-immolation and Black Panthers brandishing assault rifles and bandoliers at the Reagan Capital in Sacramento.  Reagan walked around with a load in his pants that day.  Law and order became the mantra of the fearful and confused., This was code for “stop the blacks.”  And both races knew it.  So, after a spectacular convention in Chicago which decimated the Democrats, the Republicans elected Richard Nixon.

                The marijuana war intensified rather than gearing down.  The country became preoccupied with drugs, causing the US to have the highest incarceration rate in the world.  Although crime rates listed by the FBI remained somewhat static, incarcerations increased.  Law enforcement was becoming the “rogue elephant.” When Denver passed an ordinance making enforcement of Marijuana law the lowest of police priorities, marijuana arrests almost doubled the next year.  This isn’t the result of a few rogue elephants, it is a stampede, the result of institutionalized behavior.  The same phenomenon has been reported in New York.  President Obama promised drug law reform, yet the justice department is loudly protesting and waging fear campaigns on the marijuana users.  To the uninitiated, this seems confusing. 

                Why all the enforcement activity?  Doesn’t the government realize how much money in taxes the marijuana industry generates?  Why are they killing the goose laying the golden egg?  The Denver Post’s John Ingold reported $2.2 million in sales tax for marijuana tax revenue in November 2010.  This was only for part of the year.  The Attorney General of Colorado responded that “…the new revenue stream doesn’t change his opinion of dispensaries.”  (Said through a spokesman)   The revenue stream from medicinal marijuana comes from fees charged dispensaries, caregivers and patients and sales tax on the substance sold in dispensaries.  The tax revenues go mainly to cities and the state to fund their projects.  The fees go to the Department of Revenue.  So, with that kind of revenue, “why are the cops whining”, ask the naive and innocent?

                I ask in return, “Didn’t you see the videos of the Occupy Wall Street protests in New York, Las Angeles, Oakland, and Berkeley?  If not go look at them.  Look at the police.  Look at their equipment.  They are all dressed in expensive riot gear.”  That shit costs money.  Compare this with the dress of the Chicago Police at the 1968 Democratic convention.  The difference in equipment is due to the drug war. The money comes from the drug war budget, which is bloated by confiscations and forfeitures.  With legalization, the cops are left out, and the gravy train grinds to a halt.  Instead, the proceeds are going to such things as roads, schools, health care, assistance to the poor and disabled, and infrastructure, things that used to be a priority before the advent of the police state.  Additionally, the corruption J. Edgar Hoover referred to when he forbade FBI agents to engage in drug enforcement, would cease.  Cops would afford fewer donuts, planes, and condominiums.

                For years, I believed that the police were ignorant dunderheads.  They followed orders like good martinets and did not question things.  They were true believers, not confused by facts or evidence.  Concepts such as fairness, justice, due process, and the Constitution were for bleeding hearts.  They would not let ideology or justice interfere with their duty.  These simple people believed they were just doing their jobs.  They would blindly follow because they were brainwashed.  Then, I conquered my prejudice and ignorance.  Cops actually were not stupid.  Most detectives had attended college.  How then,  could they then ignore all the reports and recommendations of experts since the Eisenhower report in the ‘50’s?  Some were unaware of the existence of reports. Some didn’t care because they believed in what they were doing.  And, some were just sadistic bastards, drunk with power fueled by their bigotry and ignorance.  And some were in it for the money.         So, I started examining the curriculum of the courses offered by police.  I didn’t expect them to have the same education as I for many reasons.  However, most colleges or universities teach the same facts, discuss the same research and theories.  Then, a friend in the political science department provided me with some government publications regarding grants and research proposals.  None dealt with causality.  They dealt with mechanics of arrest, trial, and confinement.  Some dealt with procedures that streamlined the assembly line to incarcerate more persons efficiently.  Management by objective ruled and political policies were geared toward punishment and revenge.  Police action was calculated to make the public feel good or secure, not to be effective.  The image was everything.  There was always enough fear from the police to insure generous budgets.  This worked like the mafia protection racket.  Theoretical criminology was ignored.  It was inconvenient and contradicted what the politicians wanted.  The criminal justice area was almost void of any intellectual content.  If the students aren’t taught anything, they can’t be expected to act intelligently.  They also don’t rock the boat and agitate for change.  Causality didn’t matter, only public perception of protection counted.   Image was all.

                There is also a more insidious side to the drug war policy.   Several would be cops joined vice and narcotics to get rich.  The opportunity for bribes and extra money is almost boundless.  Additionally, oversight is sloppy or negligible.  I was involved in several cases where the evidence confiscated from the defendants ended back into the marketplace, placed there by police or Government.  Courts and prosecutors turned a blind eye to the evidence.  If that weren’t enough, the police state became self-funding through fines and forfeitures, perpetuating corruption on a massive scale.  Crime enforcement has become the new aphrodisiac for the perverts and bullies.  Several abuse cases have been reported such as the broom handle rape in New York, the killing of arrestees, and other atrocities that may or may not have made the papers.  Instead of constraints, sanctions and oversight, things are concealed or covered up.  Judges, coming from the police establishment conspire with the officers and prosecutors to encourage perjury, sadism, and other misconduct, imbued with a belief that the ends justify the means.  They identify with the imaginary problems of the police in following the rules, which might result in a less than desired result.  Judges don’t view their purpose as protecting the citizenry.  They believe they should expedite convictions to help fill the jails and reward their police constituency.  The Constitution is no longer the law of the land, but an impediment to efficient enforcement of assembly line justice, where any judge can rationalize ignoring the citizens for the sake of exigency.  Get the guilty has replaced the idea of protecting the innocent.  We have a post-legal society.

                Presently, close to 75 % of drug arrests are for marijuana1.  It is an easily identifiable commodity with a distinct smell, look, and fan base.  As long as the police and public buy in to the gateway fiction, the police can justify their budgets by claiming they are preventing heroin addiction by enforcing the draconian marijuana laws.  They are protecting the public with the crusade against marijuana.  Not so.  They are perpetuating a bureaucracy.  They are protecting their status and budgets. 

                Drug enforcement policy has nothing to do with protecting the public, preventing harm to the youth, and other bullshit reasons given for the drug war by the cynical enforcement cabal.  Instead, it has everything to do with money.  Look how the additional funding for police enforcement is utilized.  It is used for surveillance and riot equipment and other means of repression,  not to solve crime.  Marijuana arrests justify the drug budget.  Heroin and cocaine are hard to detect and therefore the case numbers won’t justify the budget.  But as long as we have a fearful population and lying, corrupt police and officials, we will have marijuana prohibition to perpetuate the fiction of good policing.  The officials know better.  They aren’t stupid (no matter how hard they try to look that way).  They want to control us in order to be able to exploit us.  That is why they now are proposing domestic surveillance drones.  Fear equates to greater budgets and more toys.

                It is time for the citizenry to wake up and smell the weeds.  They are in the police agencies and greedy politicians, fed by greedy corporate predators.  They are perpetuating a fearful society.  They are destroying the societal fabric with suspicion and jealousy and no end is in sight.  They are relying on ignorance and lack of interest.  They count on a docile population, just as a King of France and his wife Marie once did.  It is time for the people to be heard.  It is time for dialogue and discussion.  It is time for action.  You can’t fool all the people all the time!  (Hopefully).  We have to make officials and politicians know that we want safe roads, bridges, water, hospitals, sanitation, and the rest of the infrastructure.  Show them we value education over-incarceration.  We want to lead the world in freedom, not in repression and incarceration.  We were a democratic republic, not a totalitarian police state.  Show them we no longer tremble in fear of your imaginary bogey man.  It is time they fear us–the people, not the press and public relations consultants.  Start writing your council, legislature, commissioner, governor, congress, senate, and president.  Let them hear people rather than money.  If they don’t listen, shun them.  Embarrass them, berate them, and expose their greed and ignorance to others.  Stand up and be counted.  Destroy a prison, build a bridge.  Be courageous.  Be free.

1 Of those charged with marijuana violations, approximately 88 percent (758,593 Americans) was charged with possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses. Crime in America: FBI Uniform Crime Reports 2008 (Washington, DC: US Dept. of Justice, 2008),

Incarceration in the United States is one of the main forms of punishment and/or rehabilitation for the commission of felony and other offenses. The United States has the highest documented incarceration rate in the world. At year-end 2009 it was 743 adults incarcerated per 100,000 population

According to the U.S. Bureau of Justice Statistics (BJS) 2,266,800 adults were incarcerated in U.S. federal and state prisons, and county jails at year-end 2010 — about .7% of adults in the U.S. resident population. [5] Additionally, 4,933,667 adults at year-end 2009 were on probation or on parole.[4] In total, 7,225,800 adults were under correctional supervision (probation, parole, jail, or prison) in 2009 — about 3.1% of adults in the U.S. resident population.

In addition, there were 86,927 juveniles in juvenile detention in 2007

Perhaps the single greatest force behind the growth of the prison population has been the national “war on drugs.” The number of incarcerated drug offenders has increased twelvefold since 1980. In 2000, 22 percent of those in federal and state prisons were convicted on drug charges.

Incarceration in America, Human Rights Watch (April 2003)

WINNING ELECTIONS MORE IMPORTANT THAN INTEGRITY

JOHN MITCHELL LIVES! FEAR AND LOATHING IN BOULDER.

Truth disappears with war on drugs. D.L.Blewitt, J. D.
Claire Levy was a newly elected state representative from Boulder. Posing as a liberal progressive, show introduced a police sponsored bill to make driving under the influence of pot a crime because the police asked her too. Such a move gives additional revenue to police power to discriminate, power to lie and profile and is contrary to current scientific evidence. We have propaganda-based policy rather than evidence based policy which allows elected officials to pander to interest groups, rather than educate and stand up for the people and our rights.
I can’t believe Claire Levy is from Boulder. Or should I say I can’t believe that Claire Levy was conscious while living in Boulder. If she were conscious, she wouldn’t have sponsored the marijuana driving bill. Her proposal for the war on marijuana is that anyone who operates a motor vehicle with a certain amount of nanoliters of THC per milliliter of blood is guilty of driving under the influence of drugs. Note that the proscription does not apply to prescription drugs. It only applies to the drug of choice of the peasantry. She even posted some stale research on her website to justify her fascist position.
Why, one might wonder is there a problem all the sudden. It is obvious. The law enforcement-prison industry created by Nixon and Mitchel, artfully disguising class and racial warfare and oppression under the rubric of “law and order,” needs more oppressive legislation to keep up its revenue stream. No one but a “neo-liberal” would consider such a move against the people, particularly when there is no noticeable problem or any evidence-based reasoning to do so. Many medications have a warning that a driver may become drowsy or unco-ordinated and warn people to adjust to the medicine before driving or operating machinery.
Why is marijuana so different? Because there is so much ignorance and prejudice out there in addition to propaganda to keep the privatization feeding frenzy going. Clearly, the ignorant and prejudiced do not accept the medical model of drug policy. They prefer the fascist policy of oppression to keep the peasantry and “the other” in their place. Scare them into compliance is the motto. It is a form of terrorism that has been applied by some agencies of the Government such as the IRS very successfully during the last few decades. Fear is a powerful weapon on the ignorant. Hitler found that out.
For years, Dr. G has been against ignorance and prejudice. Claire Levy exemplifies both traits. It is inconceivable how any person could have lived in Boulder unaware of the numerous drivers that drive after tasting their favorite drug of choice. Maybe she was too stoned herself to be aware of it, although she stated to the press that she had tried marijuana only once. Kind of like our former president who, while at Oxford University in England smoked but did not inhale. However, she is throwing stones from her glass house. Why? Because she has total disdain for the law, and as a member of the ruling class is above it. If she had any regard for the law, she would have abstained from the weed . However, she, like others tried it, and now sees its evil potential. Never mind that the proposal would require drivers to give blood and possibly expose themselves to aids, hepatitis, or other diseases. After all, there are over 100,000 cases of MRSA, the antibiotic resistant bacterial infection, reported every year. Policy makers have ignored that for years, why should public health and constitutional awareness interfere with the States oppression engine to make money. Never mind, that there are no reported cases of emergency room admissions for smoking pot, while there are 10,000 crib injury admittances reported each year. Her aim is not to protect, but to grab headlines and curry favor from ignorant and bigoted. Like a wolf in sheep’s clothing, she claims to be a progressive. Anyone believing that is a good candidate to buy a bridge in Brooklyn. Enlightened people should contact her and tell her we are not as stupid as she would believe. Nor are we falling for the scare tactics of the police state anymore.
Years ago, there was a defense attorney’s conference at Caesar’s Palace in Las Vegas. This was era where ponytails, sideburns, beads, and colored shirts set the tonsorial standard for lawyers. Almost all defense attorneys had long hair of various lengths and there wasn’t a crew-cut or flat-top in the group. The convention discussions were about the upcoming fight for the Constitution against the prosecutors, Nixon, and Attorney General John Mitchel, all of whom were advocating preventive detention, involuntary extraction of body fluids, mass arrests, and other fascist-like laws to keep the blacks and anti-war protesters in line and to show the public how patriotic they were. It was bad enough these weird people were voting but demonstrating was another matter. The issue that the right wing was using to show patriotism and conformity was the drug war. Henry Anslinger had softened the minds of the people with reefer madness stories about wild pot parties descriptive of Sodom and Gomorra. People were afraid because there was no unity in the country, and Nixon-Mitchell knew how to capitalize on that fear. They changed the medical model of the drug laws proposed by President Johnson to a law enforcement model, demonizing anyone who even thought of taking drugs. These were the topics of the Defense bar. When the defense attorneys left, the prosecutors checked in. Not a long hair in the bunch.
The convention’s contrast was vividly described by Hunter Thompson in a book describing those times. He took literary license to show the contrast in the two dichotomous views. Hollywood later took up Thompson’s description, portraying the drug, sex and rock and roll and totally ignoring the political-social theme of the writing. The non-thinking readers and the non-reading viewers missed the point totally. There was no comprehension of the cultural war in process or the wholesale attack on the Constitution and the traditional freedoms in either of the movies. Ask someone today about the book and they will not even mention the John Mitchel symbolism or official oppression. They didn’t read the book, they saw the movie
So, some fascist, posing as a democrat proposed a bill to extract blood from a driver, analyze it for THC and use the results to convict the driver and take away his license. After all, pot is bad. But I have to wonder why other drugs such as Xanax, Nembutal, Ephedrine’s, other relaxation, and calming drugs. Or for that matter, cough syrup, that have warnings on them about operating machinery are not getting the same treatment. Well, the answer is complicated and has little to do with health, safety, or welfare. It is entirely about sustaining the Police State under which we are now living and the modern politician’s contempt for the public and the law. Ms. Levy told the press that she had used illegal drugs. She was not punished and there were no consequences. Now, she has seen the light and wants to put others in jail. Talk about hypocrisy!
So, let us look at the dynamics or driving while stoned. First, you can’t smell dangerous pharmaceuticals on drivers, but you can smell marijuana. Secondly, if a legislator pulled this inane shit on Merck, Ciba-Geigi, Merck, or some other big Pharma, there would be a contract put out on the legislator. However, the potheads don’t have that kind of power or resources. Only large industrialists and the CIA have any access to organized crime figures, especially hit men. Additionally, there is not the opprobrium attached to barbiturates and other drugs hyped by the big companies and prescribed by physicians. Finally, pot smokers don’t have billions to sell their position to the public.
But the main reason for such a law, is that someone can show disapproval, while at the same time court the police state and the bankrupt policies of privatization. The system is running out of cannon fodder. DUI clinics are folding (and can be replaced by marijuana treatment clinics). They have lowered the permissible limit of alcohol to the point of prohibition. Additionally, the fodder cannot continue the financing for the privatized alcohol therapy and counseling. So, private enterprise must look at new markets and new revenues. What better than marijuana.
It seems more that coincidental that a law was originally passed aimed at Hispanics, is being revitalized while all the vigilante activity against Hispanics is increasing and various states are demonizing “illegals,” who just happen to be predominately Hispanic. Of course, years ago, the Boulder “liberals” outlawed lunch pails in the city, and engaged in urban renewal by tearing down shanties and building a wide highway that dead ended into a shopping center. In any event, the proposal should greatly increase the county coffers and help support privatization of government.
When a driver who has smoked marijuana in the last week is pulled over, the odor lingers. Police can then use this as probable cause to insist on a “voluntary roadside” test to assure the officer that the motorist is safe to continue to drive. The roadside test is performed without any way to verify the results. The officers, who we are repeatedly being seen on YouTube beating citizens, have the motorist perform tests. There is no record of the test, and the tests cannot be repeated by an independent researcher. There is a test of the eyes, one of balance, and one of speech. The honorable Brutus like police officer reports that the behavior is inconsistent with sobriety and can then demand those fluids be drawn under the express consent law to be used to convict a driver. Because driving is so dangerous, the legislatures have seen fit to disregard the Fourth, Fifth and Sixth Amendments to the Constitution. The Constitution is supposed to give powers to the Government. However, if a motorist is involved, the Government just grabs the power anyway. Since the officials view driving as a privilege, the Constitution does not apply. Just to ensure a conviction, and thus revenues, arbitrary blood percentages are set which are then supposed to be conclusive of intoxication.
Although the Constitution was intended to curtail State action, the totalitarian advocates have devised a con-voluted circumvention. The Anti-constitution position is that when a driver applies for a Driver’s license, he waives his forfeits his right to be protected by the Constitution. If a driver believes in the Constitution, he cannot drive. The case of Schmerber v. California, which initially held that fluids were not covered by the Fourth and Fifth Amendments became the law of the land, upsetting centuries of precedent, mocking the Magna Charta. This is easy for the modern politicians to do because they have no ideology or beliefs. What really matters is getting elected and staying in office so the People can worship and adore their legislator. Principal means nothing. Results are what matters. Just look at Guantanamo, extraordinary renditions, and CIA assassinations.
Any fascist claiming to be progressive can stay in office so long as the image can be maintained. Of course, the “me too’s” have it even easier. They can listen to what their Public is saying and then, conveniently say “me too.” In that manner, they don’t risk their position. I have no doubt that Claire Levi has no idea that she is a fascist. She believes she is doing good by protecting people from stoned drivers. She even put some articles on her website to justify her position. Never mind that real scientist have discredited most of those articles. She can claim balance, and because she sites some articles, she is good and righteous. This reminds me of the Chad Mitchel Trio song, “I Was Not a Nazi Polka.” So, we are targeted by potential legislation that is based upon fear and ignorance, calculated to appeal to the Chicken Littles and distract the public from real problems such as the homeless, the sick, the unemployed, and others.
The legislators must realize that four decades of drug war with extremely high casualties has tired the public. The public realize that reefer will not turn their daughters into prostitutes and their sons into fiends. They have started to realize that, compared to MRSA, crib deaths, and other calamities of the Industrial multinational State, the drug war is insignificant. The only real thing it does is provide an excuse for the police to bully people, beat them up or kill them with the blessings of the Courts. After all, we privatized much of government, and we need to keep the idea alive and well fed. This can only be accomplished with the help of the ignorant and prejudiced. I wonder how Ms. Levy would react if the rationale for Constitutional contempt were rephrased from “it is worth it if we can save one life,” to “it is worth it if we can increase the profits of Intervention, BPI, or Correctional Corporation of America.” After all, we cannot let something like the Constitution and freedom interfere with the exploitation and incarceration of the peasantry.
I hope everyone writes their legislators and tells them to vote the marijuana driving down. Tell them to support the Constitution or resign. The legislators can sponsor a voter’s initiative, rather than passing legislation. In the meantime, send copies of the Constitution to your legislators and express your position. Tell them that we are tired of the drug war in all forms and that we want our roads, bridges, health facilities, and other infrastructures fixed before being shaken down for protection.
Gonzo slays the dragon

Many of you are disturbed at the condition of my ramblings. More specifically, you are disturbed about the spelling, malapropism’s, wrong words, and other errors that appear in my writing.
Therefore, I have decided that I need more deviance in my approach. For years, I have dictated everything that I have done. That is, until my assistant, who put up with me for over 30 years developed carpal tunnel syndrome and decided to retire. Until she was gone, I never fully appreciated what she did for me. She would take a tape of dictation, which was nearly illiterate, in comprehensible and sometimes downright stupid and and turn it into something which made new a good. Of course, my ego would allow me to admit that the product was a mine, but in fact it wasn’t like to dictate something like, “tell this guy to go screw himself,” which would turn into a one page letter explaining why is there my client or I would not comply with his request or any further request. I could see to the tape recorder, “do a motion to suppress,” and their lengthy motion reciting the facts in my most recent case and reasons why evidence should be admissible turned up on my desk for signature. Not only would not occur, but at times, I would say one thing when I meant another. Still, my documents turned out to way that I wanted them to.
When I closedown my office, I still dictated everything. But, instead of having a live person process what I had said, I bought an awfully expensive of dictation software package called the dragon NaturallySpeaking. Argues the program in the past, however it was in conjunction with a live person translating my ramblings and incoherent mutterings somehow turning of a product which are recognized. I used several generations of this software in the past, but always had somebody taking the result either from the tape or from Iraq draft. Well, the salespeople said the new software was 99% accurate and did not need to be trained. That might be, but I needed to be trained. You have seen the result of plain dictatorship and in my prior writings. These were done in the fashion of the last 40 years arising. I would talk into a machine, a product would be printed and appear on my desk, and I sent it out. Simple. No problem. However, the product is of the same. The voice recognition software not only does not always recognize the voice, but never makes the voice seam other than stupid, alert, and hallucinogenic. It is for this reason that I have decided to slay the dragon. Time permitting, I will attempt to proofread, reorganize, correct the spelling, and do other things to the words and the page. Hopefully, this will not interfere with the free association of the thoughts. I thought the mistakes made by the translation or dictation software could simulate those hallucinogenic past which we are all nostalgic for. Like Lieut. Kiji, the dragon must die, but won’t be immortalized by Prokofiev.
Years ago, in what seems like another lifetime and in a different Country, I was a judge. Not much of a judge in status or duties, but a judge, nonetheless. Every week, I would drive to my municipality and judge. However, the experience was not like I thought it was going to be.
Colorado had Justices of the Peace or J.P.’s previously, which had been replaced by municipal judge. For some reason, the JP system was unpopular. Probably because no one was found not guilty. It was immensely popular with the JP’s and the policemen, however. The way it worked was that 1) a motorist was stopped almost at random; 2) the motorist was issued a summons to appear in Court or could be taken in front of the JP; 3) the motorist was found guilty and fined, which went to the municipality, and 4) the motorist was assessed “court costs” which the JP got to keep. Everyone liked the system except for the poor unfortunate driver who happened to get ensnared.
Colorado was just recovering from the Denver Police scandal, where many officers were sent to prison for burglary. Additionally, the press would bring up the matter of the Klan, which existed openly until 1959, even producing a Mayor in Denver. To top things off, many cities were put on a list of places to avoid by AAA motor club because they were known speed traps. So, the JP’s went and salaried municipal judges were created. They did not have to find people guilty to get paid, they could find people guilty for the hell of it. At least that is what the police seemed to believe.
To compound matters, “hippies” were invading the county, making the natives restless. It was like a perpetual costume ball. With the creation of Law Enforcement Assistance Agency, police could submit a dream list to the Government and receive lots of toys to play with. My municipality wanted a water canon vehicle or a converted tank. It would serve dual purposes. It could quell hippie riots if such occurred and, at the same time, give the hippies baths, washing the smell of ganja or patchouli oil off their clothing. They already had some old mechanical sheep shears to cut the hippie’s long hair.
To make sure there was enough revenue, the speed limit was posted at 15 miles per hour through the town, which was a major tourist route in the summer and ski season. On a good day, they could ticket every 20 minutes or so. At $40.00 per, that was significant revenue, especially since the average worker made approximately $350 per month. They also used to double the fines for drivers with out of state licenses. What could they do but pay?
However, there was a fly in the ointment, so to speak. That was me. I just couldn’t see it the way the police did. I actually thought that I should judge the cases rather than put a rubber stamp of approval on the officer’s decision. Particularly irksome was the treatment of drivers who drove over 15 miles per hour. I was sensitive to the fact that municipal judges were created to change the corrupt judicial system that existed in traffic courts before then.
Speeding was particularly problematic. The posted limits were mere guidelines. The offense of speeding actually occurred when the speed of the driver was not reasonable and proper. To convict a motorist, there had to be some testimony that the speed was improper and constituted some danger to the public. I ruled that a reasonable and proper speed through the town was 30 miles per hour, which immediately cut out about 70 percent of the Town’s revenue. Talk about a hostile work environment. I had one. Needless to say, that I was young then and proud of my fairness. I had not a clue how unpopular I was. Motorists who had appeared in front of me would introduce themselves on the streets and tell me how much they liked my Court and my appearance of fairness. In the municipality, no one would speak to me, especially after the police didn’t get its water canon because it could not fund the co-payment required to buy old military equipment.
Years ago, in what seems like another lifetime and definitely in a different Country, I was a judge. Not much of a judge in status or duties, but a judge, nonetheless. Every week, I would drive to my municipality and judge. However, the experience was not like I thought it was going to be.
Colorado had Justices of the Peace or J.P.’s previously, which had been replaced by municipal judge. For some reason, the JP system was unpopular. Probably because no one was found not guilty. It was extremely popular with the JP’s and the policemen, however. The way it worked was that 1) a motorist was stopped almost at random; 2) the motorist was issued a summons to appear in Court or could be taken in front of the JP; 3) the motorist was found guilty and fined, which went to the municipality, and 4) the motorist was assessed “court costs” which the JP got to keep. Everyone liked the system except for the poor unfortunate driver who happened to get ensnared.
Colorado was just recovering from the Denver Police scandal, where many officers were sent to prison for burglary. Additionally, the press would bring up the matter of the Klan, which existed openly until 1959, even producing a Mayor in Denver. To top things off, many cities were put on a list of places to avoid by AAA motor club because they were known speed traps. So, the JP’s went and salaried municipal judges were created. They did not have to find people guilty to get paid, they could find people guilty for the hell of it. At least that is what the police seemed to believe.
To compound matters, “hippies” were invading the county, making the natives restless. It was like a perpetual costume ball. With the creation of Law Enforcement Assistance Agency, police could submit a dream list to the Government and receive lots of toys to play with. My municipality wanted a water canon vehicle or a converted tank. It would serve dual purposes. It could quell hippie riots if such occurred and, at the same time, give the hippies baths, washing the smell of ganja or patchouli oil off of their clothing. They already had some old mechanical sheep shears to cut the hippie’s long hair.
To make sure there was enough revenue, the speed limit was posted at 15 miles per hour through the town, which was a major tourist route in the summer and ski season. On a good day, they could ticket every 20 minutes or so. At $40.00 per, that was significant revenue, especially since the average worker made approximately $350 per month. They also used to double the fines for drivers with out of state licenses. What could they do but pay?
However, there was a fly in the ointment, so to speak. That was me. I just couldn’t see it the way the police did. I actually thought that I should judge the cases rather than put a rubber stamp of approval on the officer’s decision. Particularly irksome was the treatment of drivers who drove over 15 miles per hour. I was sensitive to the fact that municipal judges were created to change the corrupt judicial system that existed in traffic courts before then.
Speeding was particularly problematic. The posted limits were mere guidelines. The offense of speeding actually occurred when the speed of the driver was not reasonable and proper. To convict a motorist, there had to be some testimony that the speed was improper and constituted some danger to the public. I ruled that a reasonable and proper speed through the town was 30 miles per hour, which immediately cut out about 70 percent of the Town’s revenue. Talk about a hostile work environment. I had one. Needless to say, that I was young then and proud of my fairness. I had not a clue how unpopular I was. Motorists who had appeared in front of me would introduce themselves on the streets and tell me how much they liked my Court and my appearance of fairness. In the municipality, no one would speak to me, especially after the police didn’t get its water canon because it could not fund the co-payment required to buy old military equipment.
JOHN MITCHELL LIVES! FEAR AND LOATHING IN BOULDER
I can’t believe Claire Levy is from Boulder. Or should I say I can’t believe that Claire Levy was conscious while living in Boulder. If she were conscious, she wouldn’t have sponsored the marijuana driving bill. Her proposal for the war on marijuana is that anyone who operates a motor vehicle with a certain number of nano-liters of THC per milliliter of blood is guilty of driving under the influence of drugs. Note that the proscription does not apply to prescription drugs. It only applies to the drug of choice of the peasantry. She even posted some stale research on her website to justify her fascist position.
For years, Dr. G has been against ignorance and prejudice. Claire Levy exemplifies both of these traits. It is inconceivable how any could have lived in Boulder unaware of the numerous drivers that drive after tasting their favorite drug of choice. Maybe she was too stoned herself to be aware of it, although she stated to the press that she had tried marijuana only once. Kind of like our former president who, while at Oxford University in England smoked but did not inhale. However, she is throwing stones from her glass house. Why? Because she has total disdain for the law, and as a member of the ruling class is above it. If she had any regard for the law, she would have abstained from the weed . However, she, like others tried it, and now sees its evil potential. Never mind that the proposal would require drivers to give blood and possibly expose themselves to aids, hepatitis or other diseases. After all, there are over 100,000 cases of MRSA, the antibiotic resistant bacterial infection, reported every year. Never mind, that there are no reported cases of emergency room admissions for smoking pot, while there are 10,000 crib injury admittances reported each year. Her aim is not to protect, but to grab headlines and curry favor from ignorant and bigoted. Like a wolf in sheep’s clothing, she claims to be a progressive. Anyone believing that is a good candidate to buy a bridge in Brooklyn. Everyone should contact her and tell her we are not as stupid as she would believe. Nor are we falling for the scare tactics of the police state anymore.
Years ago, there was a defense attorney’s conference at Caesar’s Palace in Las Vegas. This was when lawyers with ponytails, sideburns, beads, and colored shirts set the tonsorial standard. Almost all defense attorneys had long hair of various lengths and there wasn’t a crew-cut or flat-top in the group. The convention discussions were about the upcoming fight for the Constitution against the prosecutors, Nixon, and Attorney General John Mitchel, all of whom were advocating preventive detention, involuntary extraction of body fluids, mass arrests, and other fascist-like laws to keep the blacks and anti-war protesters in line. It was bad enough these people were voting but demonstrating was another matter. The issue that the right wing was using was the drug war. Henry Anslinger had softened the minds of the people with reefer madness stories about wild pot parties descriptive of Sodom and Gomorra. People were scared, and Nixon-Mitchell knew how to capitalize on that fear. They changed the medical model of the drug laws proposed by President Johnson to a law enforcement model, demonizing anyone who even thought of taking drugs.
The convention’s contrast was vividly described by Hunter Thompson in a book describing those times. He took literary license in order to show the contrast in the two dichotomous views. Hollywood later took up Thompson’s description, portraying the drug, sex and rock and roll and totally ignoring the political-social theme of the writing. The non-thinking readers and the non-reading viewers missed the point totally. There was no comprehension of the cultural war in process or the wholesale attack on the Constitution and the traditional freedoms in either of the movies. Ask someone today about the book and they won’t even mention the John Mitchel symbolism. They didn’t read the book, they saw the movie
So, some fascist, posing as a democrat proposed a bill to extract blood from a driver, analyze it for THC and use the results to convict the driver and take away his license. After all, pot is bad. But I have to wonder why other drugs such as Xanax, Nembutal, Ephedrine’s, other relaxation and calming drugs. Or for that matter, cough syrup, that have warnings on them about operating machinery are not getting the same treatment. Well, the answer is complicated and has little to do with health, safety, or welfare. It is entirely about sustaining the Police State under which we are now living and the modern politician’s contempt for the public and the law. Ms. Levy told the press that she had used illegal drugs. She was not punished and there were no consequences. Now, she has seen the light and wants to put others in jail. Talk about hypocrisy!
So, let’s look at the dynamics or driving while stoned. First, you can not smell dangerous pharmaceuticals on drivers, but you can smell marijuana. Secondly, if a legislator pulled this inane shit on Merck, Ciba-Geigi or some other big Pharma, there would be a contract put out on the legislator. However, the potheads don’t have that kind of power or resources. Only large industrialists and the CIA have any access to organized crime figures, especially hit men. Additionally, there is not the opprobrium attached to barbiturates and other drugs hyped by the big companies and prescribed by physicians.
But, the main reason, is that someone can show disapproval, while at the same time court the police state and the bankrupt policies of privatization. The system is running out of cannon fodder. DUI clinics are folding (and being replaced by marijuana treatment clinics). They have lowered the permissible limit of alcohol to the point of prohibition. Additionally, the fodder can not continue the financing for the privatized alcohol therapy and counseling. So, private enterprise has to look at new markets and new revenues. What better than marijuana.
It seems more that coincidental that a law was originally passed aimed at Hispanics, is being revitalized while all the vigilante activity against Hispanics is increasing and various states are demonizing “illegals,” who just happen to be predominately Hispanic. Of course, years ago, the Boulder “liberals” outlawed lunch pails in the city and engaged in urban renewal by tearing down shanties and building a wide highway that dead ended into a shopping center. In any event, the proposal should greatly increase the county coffers and help support privatization of government.
When a driver who has smoked marijuana in the last week is pulled over, the odor lingers. Police can then use this as probable cause to insist on a “voluntary roadside” test to assure the officer that the motorist is safe to continue to drive. The roadside test is performed without any way to verify the results. The officers, who we are repeatedly being seen on YouTube beating citizens, have the motorist perform tests. There is no record of the test, and the tests cannot be repeated by an independent researcher. There is a test of the eyes, one of balance, and one of speech. The honorable Brutus like police officer reports that the behavior is inconsistent with sobriety and can then demand those fluids be drawn under the express consent law to be used to convict a driver. Because driving is so dangerous, the legislatures have seen fit to disregard the Fourth, Fifth and Sixth Amendments to the Constitution. The Constitution is supposed to give powers to the Government. However, if a motorist is involved, the Government just grabs the power anyway. Since the officials view driving as a privilege, the Constitution does not apply. Just to ensure a conviction, and thus revenues, arbitrary blood percentages are set which are then supposed to be conclusive of intoxication.
Although the Constitution was intended to curtail State action, the totalitarian advocates have devised a con-voluted circumvention. The Anti-constitution position is that when a driver applies for a Driver’s license, he waives his forfeits his right to be protected by the Constitution. If a driver believes in the Constitution, he can’t drive. The case of Schmerber v. California, which initially held that fluids were not covered by the Fourth and Fifth Amendments became the law of the land, upsetting centuries of precedent, mocking the Magna Carta. This is easy for the modern politicians to do because they have no ideology or beliefs. What really matters is getting elected and staying in office so the People can worship and adore their legislator.
Any fascist claiming to be progressive can stay in office so long as the image can be maintained. Of course, the “me too’s” have it even easier. They can listen to what their Public is saying and then, conveniently say “me too.” In that manner, they don’t risk their position. I have no doubt that Claire Levi has no idea that she is really a fascist. She believes she is doing good by protecting people from stoned drivers. She even put some articles on her website to justify her position. Never mind that real scientist have discredited most of those articles. She can claim balance, and because she sites some articles, she is good and righteous. This reminds me of the Chad Mitchel song, “I Was Not a Nazi Polka.” So, we have some potential legislation that is based upon fear and ignorance, calculated to appeal to the Chicken Littles and distract the public from real problems such as the homeless, the sick, the unemployed, and others.
The legislators have to realize that four decades of drug war with extremely high casualties has tired the public. The public realize that reefer won’t turn their daughters into prostitutes and their sons into fiends. They have started to realize that, compared to MRSA, crib deaths, and other calamities of the Industrial multinational State, the drug war is insignificant. The only real thing it does is provide an excuse for the police to bully people, beat them up or kill them with the blessings of the Courts. After all, we privatized much of government, and we need to keep the idea alive and well fed. This can only be accomplished with the help of the ignorant and prejudiced. I wonder how Ms. Levy would react if the rationale for Constitutional contempt were rephrased from “it is worth it if we can save one life,” to “it is worth it if we can increase the profits of Intervention, BPI, or Correctional Corporation of America.” After all, we can’t let something like the Constitution and freedom interfere with the exploitation and incarceration of the peasantry.
I hope everyone writes their legislators and tells them to vote the marijuana driving down. Tell them to support the Constitution or resign. The legislators can sponsor a voter’s initiative, rather than passing legislation. In the meantime, send copies of the Constitution to your legislators and express your position. Tell them that we are tired of the drug war in all forms and that we want our roads, bridges, health facilities, and other infrastructures fixed before being shaken down for protection.

WHEN YOU HAVE POWER AND AN IGNORANT CITIZENRY, WHO NEEDS TRADITION AND LAW?

COMMENTARY by Dennis L. Blewitt, J.D.

It has been almost 50 years since I was first introduced to the Magna Carta.  And here was I, viewing one of four remaining copies of the document penned in 1215.  It wasn’t until I finished law school that I was able to appreciate the significance and impact that it has had on Western civilization since its signature.  It challenged the divine right of kings and was signed by a king of England at sword point.  It eventually caused a schism in the Church, ending in the founding of the Anglican religion, with the King as the head of the church.  It was a rebellion of the Barons which was quickly repudiated by the King.  The signatory barons were promptly  ex-communicated by the Pope and the document repudiated by the King.  However, approximately 10 years later, another king agreed to the conditions and it has been part of our Anglo-American law since then.  Next year, Salisbury will celebrate its 800th anniversary.

            While England prepares to celebrate the 800th year celebration of the document that established right to jury trial, judges learned in the law, right of women to inherit, due process, trial by peers, etc., the United States is participating in an Orgy of destruction of the document.

            Many of the provisions of the charter had been put in place by the Saxons, before the Norman invasion.  When the Normans conquered the land, Norman or Roman law was foisted upon the people, and not without resentment.  Saxon law had worked for centuries and had different basic assumptions than Roman law.  Roman Law was the law of conquest since before Caesar and the people were considered a threat.  As expressed in the Saxon spiel, accused were entitled to a trial, to have bond and their house, no matter how humble was inviolate.

            Under Roman law, the conquered were considered potentially dangerous, their homes may contain weapons used against the Normans, and the conqueror should control all property in its descent and distribution, including the Droit du seigneur, the Lord’s right to try out the bride before the husband.  This caused much friction between the Anglo-Saxons and the Normans. 

            With King Richard playing in the Holy Land, and John raping and pillaging the land, the conquered people exhibited their frustrations by holding King John at sword point and making him sign a Charter of Rights, which the pope promptly nullified and John promptly repudiated.  However, the thoughts and ideas have existed since that time and were enshrined in the first ten amendments of the Constitution of the United States.  These rules and ideals have existed for centuries and are quickly being destroyed by our corporate masters, through turning the nation’s police into a conquering army.

            Granted, employers don’t demand the right to try out their subjects before marriage, but the droit Seigneur has often been manifested with power over employees (Sexual harassment).   However, there are still many ways in which the Government and corporate masters have destroyed or attempted to destroy the social contract.

            Bail was an absolute right, as was the presumption of innocence.  No longer is this the case.  In 1980, fearful lawmakers.  For centuries, the idea of preventive detention was something associated with the inquisition.  The right to seize homes and property became tenuous, with confiscation laws.  The people began to be viewed as the enemy by the rulers and viewed each other with suspicion.  The mantra became protect us and fear reigned over reason.  Younger judges and prosecutors thought the Constitution a cute anachronism, to be ignored or side-stepped.  The conventional wisdom was that people were innately evil and should be watched and locked up if there were any POSSIBLE threat.  To prove the evil nature of people, sting operations were invented.  Informers were recruited and fears were manufactured.  No more Brave New World.  Instead there was a fearful old world reminiscent of the ages of the Black Death.  However, instead of blaming witches for an epidemic of death, we blame drugs, hippies, non-whites and workers.

            Consequently, we lock up more people per capita than any other country.  We have inferior education, health care, housing and a massive wealth grab by the powerful.  And the press inflames the fear.  A controlled press indoctrinates us and a military police keeps people in line.  Citizens killed by police outnumber the casualties in the Afghan and Iran wars.  The only prosecutor with integrity and courage enough to charge a policeman, was Stan Garnett of Boulder, who prosecuted a cop for shooting an Elk in the city, obviously more important to the citizenry than a minority teenager.

            It is obvious that the people believe a teenager is dangerous and should be killed if there is any doubt in the mind of the policeman, or even if he is pissed off.  An elk, however, is an entirely different manner.  The elk won’t rob or harm you like the teenager could.  If the teenager is a minority, he is even more dangerous because of the way he has been treated over the years and everyone in the Anglo community knows that they are just looking for an excuse to get even.

            Even though John Mitchel thought that the people would never accept preventive detention, we have it.  Better safe than sorry.  Except, they can’t be locked up forever.  Even though illogical, this shift reflects a completely different mindset in the thinking and actions of America. 

            We traditionally had a Common Law system.  That is no longer the case.  At common law, people were presumed innocent.  They were given the benefit of the doubt.  There was a certain degree of trust that bound the people.  Common Law was common to the citizenry.  Not all the citizenry, but a consensus did exist concerning what was right and wrong.  There were shared folkways, mores, rules, taboos, conventions, etc.  There was agreement in principle, interpretations varied.

            With a power shift, Common Law was abolished, along with the presumption of innocence and other protections of the citizens.  One must realize that it is unlikely a dictatorship or totalitarian government can exist in a common law system.  Not so under Roman Law (Napoleonic Code or Civil Law).  This was law imposed upon a conquered people.  Rulers suspected the citizenry, because they were the “other.”  They had a different cultural generally as well as linguistic variances.        

            When the Normans tried to impose strict Roman Code on the Islanders, they rebelled.  They refused to fulfill their duties as liegemen for a despotic and unfair king.  The notion of social contract was in the infancy and would flourish in later centuries only to be imperiled in modern times.

            For over seven centuries, bail was an absolute right.  There were not any bond conditions outside of appearing in court when ordered.  People were considered law abiding and viewed as straying from the path of righteousness and given the benefit of the doubt.  Then came Ronald Reagan.  Everyone was a suspect.  Offenders must be locked up to protect the community, even if not convicted of a crime.  This preventive prevention was a scam to make the people feel safe and transfer wealth to corporations without accountability.

            People on bond now have to report to supervisors, just as if they had been convicted.  Not only do they have their right to bail abridged, they get to pay some private company for the privilege of taking their Constitution away.  Since corporations have no consciousness, they can’t take an oath to abide by, defend and protect the Constitution.  Their only duty is to increase corporate profits.

            Since most judges have had little experience outside the prosecutor’s office and have isolated themselves from the commoners, they have no idea what impact they have on the people.  They ignorantly assume that the only things that the people care about are personal safety and material gain.  Since they have very limited conscious or interaction with the poor people, they have no way of understanding.  They brag how they are attuned to the needs of minorities and women, but see things in an upper-class bias.  Their circle that influences their views are officials, politicians, businessmen and police.  They are like the white southerner in the 60s who believed that the blacks were all contented and happy and stirred up by “outside agitators.” 

            As the people become more insular, they are more resistant to change.  For years the police complained about “how they worked their asses off to put bad guys in jail, and the Courts just let them go.  Many of us believed that they thought judges were soft on sentencing.  This was logical because the police felt that probation was devaluating their worth as police.  However, the police weren’t talking about sentencing, they were pissed off at the fact that the arrestees were being admitted to bail.  Most of us couldn’t imagine that to be the position of the police because, they, like lawyers took an oath to support the Constitution and right to bail was an absolute constitutional right. After years of bitching and fear mongering, the prosecutors, judges and legislators capitulated and defacto abolished the common law right to bail, substituting a Roman Code variant.  This policy impacted the poor the most, forcing them to plead guilty to charges in order to be released.  The number of trials diminished and the number of guilty pleas skyrocketed.  This lead to a ratcheting up of sentencing and loss of power to judges and defense attorneys.  Plea bargaining became a matter of accepting an offer by a prosecutor, generally an under thirty law novice trying to make a name for himself on the backs of the poor.  These then are appointed to a lower judge position, and depending upon how supportive they are of the police state, get advanced in the judicial system.

            Run like any business, the goal of the system is to process as many cases as possible with the fewest obstacles.  The main impediment this goal is the Constitution.  The next is any awareness of individual rights.  Fairness and justice only interferes with the efficient running of the assembly line in the Courts.  So, the poor are jailed and not bailed.  They are forced to consider obscenely long mandatory minimum sentences, calculated to extort guilty pleas.

            The police are aware of the assembly line nature of the courts.  Not one judge evaluation questionnaire asks about fairness or justice.  The pollsters are concerned with docket or case management. However, the poor do communicate and realized how badly they are exploited and victimized.  The rulers all consider them ignorant peasants.  Not so.  That is why the simultaneous demonstrations in Ferguson MO after a youth is assassinated by a policeman.  The cops know they can get away with it.  So do the citizens.  However, like PT Barnum said, in paraphrase, “you can’t screw all the public all the time.”  It is somewhat encouraging that the outside agitator moniker isn’t selling and that the people are exhibiting their displeasure.  Some bemoan the damage by fire and the looting.  They don’t seem to realize that this is a moderate response to the frustration and abuse of the poor compared the Guillotine. 

            But all this begs the question of “Why?”  For that I need to go back into history before we in the US became apocalyptic paranoids.  When I started out, there was a bond schedule.  Accused were arrested, bondsmen notified and accused posted bond and was released.  The whole procedure took about 3 hours.  This was the procedure for the first 20 years of my practice.  Since people were constitutionally deemed innocent, and there was the common law requirement that officials have probable cause to detain a suspect.  The world didn’t end with this procedure.  When preventive detention was instituted, this all changed.  The danger to the public didn’t change.  The religion of privatization replaced reason and logic.  Government was bad.  The government wasted money and private industry could do it better.  But of course, private industry must be compensated and there must be incentives.  Governments started giving guarantees to prison builders, probation providers and others in the private sector.  Government saved money, Corporations made money and the public got screwed.

            One of the scariest aspects of religion of privatization is that it has to exist in an atmosphere of apocalyptic thinking and competition has to be on a war footing. Darwin enters the picture and social Darwinism thrives.  To make the police state more efficient, forfeiture laws, contrary to Magna Carta, were enacted and the Wiccan belief that the object of harm should be punished thrived in this environment.  So, we arrive at the present situation, where police have become defacto lynch mobs and the poor he object of a scared society’s fear and loathing.

            We not have the benefit of procedures which has in many cases replaced justice, common sense, fairness and Constitutional governance.  Fair or just doesn’t count.  We hold accused until a judge can decide if the accused MIGHT be dangerous.  The absolute right to bail has been replaced with the Napoleonic concept of “peace bond.”  In order to be admitted to bond an accused is then given bail conditions and is ordered to report to a private fee collector to make sure there are no violations.  Typically, there is an order to have no drugs or alcohol, whether or not such was involved in the case.  There are other restrictions that performa pre-printed orders required, all flying in the face of Magna Carta for the sake of safety.  We have been conditioned to believe that everyone is a potential threat. 

            So, when a paranoid policeman is faced with a decision and is “dissed,” like my criminal clients, he has to strike out in anger.  As an early Criminologist, Edwin Sutherland, commented, to correct criminals, one has to teach them that murder is a worse crime than running a stop sign.  With apocalyptic thinking, this can’t happen.  When this type of thinking is combined with zero-tolerance and “broken window” policy, a perfect storm brews disaster.  Order takes precedent over peace, law rules.  To the newly indoctrinated policemen, a violation is a violation, no matter what.  There is no prioritization.  There can be no oversight.  Enforcement is the most important thing and those that disagree do so at their own peril.  When citizens are murdered by police, the police rationalize by saying that “the citizen should not have resisted or he should have followed orders.”  When confronted, officials excuse the murder by telling the public that the murderous officer was just following training.  No one on the numb nut journalist core thinks to examine that training.

            Training is just part of the problem.  There needs to be a whole new mindset.  A human life should be valued.  If there is a law breaker, the violation must be put in perspective.  The question asked, “Is this act so dastardly that it is worth taking a life?  Is property worth more than life?  How much harm will occur if a perpetrator is arrested later, rather than killed or even injured now?

            So far, the flat earthers are winning.  They are turning the issue into one of race, not religious or faith attitudes of the new religion of free enterprise coupled with apocalyptic thinking.  I don’t know if this is a function of dumbing down America, but I suspect it is more a function of lazy journalism and corporate control.  Analysis doesn’t sell papers.  Most people are too impatient to understand.  Most don’t care as long as they aren’t affected.  I wonder how many see the storm clouds gathering over the injustices caused by the new Paradigm.  I have a notion we will soon find out.

DON’T TAKE ANY SHIT FROM ANYONE

A recent you tube video reminded me of one time I was searched.  If you are squeamish or lack sugar coat or not use my usual vocabulary in this piece.  It will not be politically correct, fit for innocent minds, have a modicum of sensitivity or any special consideration for the reader.  A story like this can’t be censored or edited. The story is true.  Only the vocabulary has been changed to amuse the reader.  This is your last chance.

DANGERS OF A SEARCH,  If offensive language bothers you then GO NO FURTHER

            This memory was the result of watching a cavity search of a motorist in Texas after a citizen had been stopped.  The officer stated he stopped the car because the driver tossed a cigarette but out the window.  After the lecture, he inquired about drugs.  When the two women in the car expressed ignorance about marijuana, he informed them that his old infallible trooper nose smelled marijuana and they would have to be searched.  The video then showed a front and back cavity search of the two women in the car, resulting in nothing being found.  I just had to relate my tale of my trip to Canada.

The trip to Vancouver Island started out inauspiciously.  I had just acquired another car and was set for a road trip.  However, although the car performed marvelously, I can’t say the same for myself.  I was in need of massive doses of Kaopectate.  Between Sinclair, Wyoming and Little America, I changed shorts 2 times.  The afternoon of the second day, the situation abated and the shorts were tightly packaged in triple plastic shopping bags and packed in a trash bag in the trunk, to be dealt with at our destination where there was there were laundry facilities.  Because I felt better and the underwear was well packaged, I forgot about it in the trunk.

            We proceeded to Annacortes, Washington and spent the night after parking our car in the ferry line, ensuring our passage first thing the next morning to Victoria.  It was a great trip, whales in sight, no clouds or wind.  We stopped at Orca Island and two other small towns before approaching Victoria.

            There was a customs inspection point and most cars were waived on through after showing identification.  However, I had to toy with the customs agent.

            “You’re an American?

            “Yes, that’s what it says on the passport.”

            “Have you ever been in Court on a Driving Under the Influence charge?”

            “Yes, several times.”

            “Were you convicted?”

            “No but many of my clients were.  I’m a defense attorney.”

            For some reason the Mounty wasn’t amused.  “Over there, smartass” he commanded.

He informed his comrades in red

“We have a smart-ass defense attorney here.  Be thorough with him.  You know how tricky they are.”

So, I was going to be subjected to summary punishment by the Royal Canadian Mounted Police for being a smart-ass attorney.  I watched while the 7 or so officers climbed all over my car, taking out suitcases and rummaging through them.  They were thorough indeed.  The Mounties were having fun joking with each other as they rummaged through the car.

“Open the trunk!”

I complied and watched as more suitcases were taken and opened.  Nothing.  Then he came to a plastic garbage bag.  Inside were some white plastic bags from grocery stores.  He lifted the bag out of the trunk. And the Mounties gathered around.

“What’s in there,” he demanded.

“That’s our laundry.” 

He started taking clothes out and examining our dirty laundry.  He then came to the white grocery plastic bag. 

“What’s in this one,”

“You really don’t want to know, I wouldn’t open that if I were you,” I emphasized, shaking my head no.  However, curiosity got the best of him.  They gathered around the garbage bag as the Mounty reached down into the bag, bringing out my excrement saturated underwear.

“Shit!!!” shouted the Mounty, while his comrades laughed hysterically.  His face matched the crimson of his uniform and his fury was hard to conceal.  He wielded his authority in a retaliatory way and had paid the price.  I suppose it was a shitty thing to do, but what the hell. The delay was annoying and his retaliatory show of authority was over the top.  But his surprise and humiliation in front of his crew was well worth it.  I didn’t plan to return to Victoria in the near future

LIES MY GOVERNMENT AND POLITICIANS TOLD. FORFEITURE FOR LYING OFFICIALS!!

TIME TO STOP THE LIES Commentary by DL Blewitt, Esq., J.D.

            My first criminal case involved lies told by the Denver police.  They testified that they smelled marijuana smoke emanating from a third floor of an apartment house while walking down an alley.  I told the judge that I wasn’t upset that the cops thought I was dumb enough to believe their absurd story when they lied, because I was a small town bumpkin, but if I were the judge, I would be pretty insulted that they would think the judge was dumb enough to believe their story.  The judge took note that smoke rises and suppressed the illegal search of the police.   He told officers that he resented their assumption that he would ratify such blatantly stupid testimony.  He did not cite them for contempt or perjury though.

            That’s how my career as a defense lawyer started. I believe that after all these years, I have a pretty good idea of the police sub-culture.  I tutored young lawyers at one time.  I remember an incident, after an officer’s testimony in a suppression hearing, when a young lawyer requested a brief recess.  “What for,” asked the judge.  “Well,” answered the lawyer, “the officer told the truth and I  don’t  know what to do next.”

            The amused  judge asked me if I wanted a moment to talk to the lawyer, during which I told him we won and the judge was going to rule in our favor and to keep quiet.  That is what happened.  I admit, I was mildly surprised, but things like that did happen, especially with older police officers- the ones who prided themselves with making it to retirement without ever drawing their guns and older judges.  However, such candidness is rare.  Most cops are more concerned with convictions than with the truth, particularly when both the primary and secondary reward systems are predicated on prevarication.

            In another instance, a judge gave his court seal to a detective sergeant so that he would not have to be bothered reading affidavits and warrants.  The norm was for the judiciary to support every cock and bull story concocted by the police.  It was as though there was a contest among the cops to see who could tell the biggest whopper.  This was a time of  showing of patriotism.  There were un-American anti-war protesters out there who had to be punished.  Cops, sporting flags on their uniform sleeves to show their patriotism, became militarized, and freaked out over the presence of hippies.  It was them or us.  The stories became more and more ridiculous as the judges kept countenancing the culture of lying.  People first believe, then they see.  Judges, as former prosecutors,  rarely interact with the citizenry.  Their social circle is law enforcement related.  And their belief system is the paranoid one of John Mitchel.  The Hippies are coming, the hippies are coming became the greatest fear, more than the potential black revolution.  They perceive and interpret as they were conditioned to, and they condition themselves identifying with good short hair Americans.  That is their constituency.  They bathe and cut their hair.

A good example of the permeation of the police sub-culture in the judiciary  is recent exposure of the two judges in Ft. Collins, who, while prosecutors, framed an innocent man for murder.  As a reward, they were given judgeships.  When the `perjury and frame-up came to light and the county had to pay off millions of dollars, the citizens revolted and voted them both out of office.  An historical moment.  It is too bad that I takes $8,000,000 to open the public eye.  That could put a lot of students through CSU without burdensome student loans.

            On the opposite side of the coin, there is legislation, both Federal and State, that make it a felony for a person to lie to an officer of the law.  The Federal law appears below

TITLE 18 > PART I > CHAPTER 47 > § 1001

 § 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

 (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

 (2) makes any materially false, fictitious, or fraudulent statement or representation; or

 (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

                There is a similar law in most states.  Additionally, the Government can classify documents and records under the cloak of national security, which generally means disclosure will be embarrassing to some agency or employee. Classifying information rarely has anything to do with national security Thus, we are continually deceived.  One cannot run a free democratic nation that way.  However, it does make it hard to criticize officials and public employees.

            After watching recent videos taken in New York, Denver, Boston and Oakland, I have decided that it is time to dust off one of my old proposals for the regulation of officials and governments.  The concept is simple.  After all, what’s good for the goose is good for the gander. Under the basis of equal protection or fairness, I drafted a state Constitutional amendment following section 1001.  I calls for felony prosecution of any government employee to lie to a citizen.  If he is a sworn employee, then his sentence is increased and he must forfeit his pension.  A liar is not entitled to benefit by his lies.  This is particularly true for elected officials.  Imagine a politician trying to justify his inherent right to lie to the people during a campaign.  Fantasize about forfeiture happy law enforcement officers having to worry about jeopardizing their own pensions.  What about entrapment?  Testimony about down drifting smoke might result in an pension forfeiture.  Predatory cops could not man speed traps without jeopardizing their retirement.  The “drop piece” that the police carry to plant on crime scenes when they murder someone would disappear.   An epidemic of truth might break out.

            Politicians would  have to tell why they voted for or against things, or keep quiet, which, for a politician is a virtual impossibility.  Newspapers would have to change their scandalous priorities because the mud-slinging would diminish.  Science could no longer be denied.  Green tongue disease would disappear.

            There was a time when driver sobriety tests were recorded on video.  The cop would testify.  Then the jury would see the video.  Inevitably, the video conflicted with the testimony.  So, the cops and district attorneys, rather than risking the quota problems that occur with acquittals,  abolished videos of suspected drunks and elected to batter the public with needles, trashing the 4th, 5th , and 6th amendments to the Constitution in the process.  This was much more fun for the police and less embarrassing when their exaggerations were exposed on video.

A look at the footage from the various occupy encampments show why videos of suspected drunk drivers were abolished.  It is much easier to get a conviction on prejudice than it is with reality.  The system needs cannon fodder to support all those predatory privatized programs supported by the law-enforcement complex with which the executive and judicial branches are so enamored.  Acquittals are bad for business.  However, the oppressors still  don’t yet get it.  Lies are churned out wholesale the police and reinforced  by police chiefs, mayors, and other city officials who believe we are stupid and can’t see and believe it is their sworn duty to perjury themselves to get criminals or other bad guys.  IT IS TIME THEY FORFEITED PAY AND PENSIONS.  If the oppressors want to serve the 1%, then let the 1% pay them and give them pensions.  Then maybe they will appreciate the term “fat chance.”  At least they might begin to see how corrupt the system is.

            They can’t describe the occupy scene as a bunch or long haired radical hippies, smoking dope, dancing and fornicating on the lawns.  Many of the participants are beyond Viagra.  The only thing hard is the riot baton used on them.  If the cops had any sense of humor, they would shoot laughing gas at the demonstrators and make them exhausted from laughter.  Maybe the protesters should get some and shoot it back at the cops.  The lies the police tell which is vomited by the press, is contradicted by the video record.  Only the blind and ignorant can now believe the police or officials.  Note the vet put into a coma by a teargas canister.  When people tried to help him, they were bombarded with flash bang grenades. 

            Look at the numerous photographs of the people shot with rubber bullets.  They look awful.  Additionally, what kind of person would fire a weapon at their neighbors or fellow citizens.  What were they not thinking.  A psychological barrier has been breached in demonizing the people.  The cops are out of control.  The establishment rewards their brutality and dishonesty.  Cops thrive on their deceit.  To paraphrase the hawks of the Viet Nam days, “if we don’t stop them here and now, we will have to stop them at the doors of our wives bedrooms.”  It is the modern version of the domino theory.

            How could officials honestly justify shooting at fellow citizens, gassing them and beating the shit out of them?  They could not claim that the non-violent demonstrators threw something at them without risking their future.  They could not say that they showed up in riot gear to observe and not start a riot.  They could not say that jobs trickle down like urine from  a man’s member at the latrine.  They have to perpetuate the myth or they could not extort money out of us for imaginary boogey men.  They could not say that their toys were non-lethal.  Governors could not cook crime statistics to support the private prison industry.  Ankle monitors would have to be explained in terms of effectiveness rather than used as a foil to convince the public that something is being done in order to satisfy the MADD advocates.

            Imagine what would  happen if the Government had to justify its drug laws and its involvement in drug trafficking to support off budget clandestine activities.  The oppressors would lose their toys.  The 1% should support this.  The amount collected from the liars’ forfeitures  will greatly exceed the proposed tax increase on the super-rich. 

            Recently, the press has reported that police have planted drug evidence on people to make their arrest quotas.  Police have given immunity to murders like Whitey Bolger so he could do their bidding.  Police have assaulted citizens brutally as though they have a license.  The CIA has controlled the drug trade to fund covert operations, some of which are against us.  The government has effectively repealed the posse commitatis act by allowing guardsman to augment police forces nationwide and collect intelligence data on us.  Police consistently lie.  Politicians consistently lie.  Officials consistently lie.  Judges let them get away with it.  IT IS TIME FOR THIS TO STOP.  ENOUGH. 

            In France, the fed up people used the Guillotine when they weren’t fed.  Worthless, stupid, unthinking heads were removed from the people who weren’t using them.  I say to use the Constitution and the power of the people.  Make our public servants serve us, not enslave us.  The rulers have tried to take away our pensions, healthcare, homes, and freedom to pander to the rich and garner campaign funds.  This modest change of forcing truth and, if lying, taking such funds would them at risk.  The contributors could be charged as accessories and their property confiscated.  The present mess could not have been created and maintained without the complicity of state and Federal workers, paid by us.  Our government has become punitive and predatory.  They have created an occupation force to keep us enslaved and docile.  Tell them to stop.  Make them tell us the situation honestly, not  using propaganda, lies, misstatements or other deceptions.  Don’t commit us to war to enrich the powerful and corporate America.  Don’t  let the oligarchs tell us that multimillion dollar “compensation” checks are for any other purpose than to buy influence of politicians and policy makers.  Demand that the lies stop now.   End the corruption.  Stand up and be counted.  Make them be truthful.  Make them serve rather than enslave us.  Circulate this among as many as you can and see if we can start something.  Make this message go viral.

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