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Title: You're (Probably) a Federal Criminal
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URL Source: http://www.foxnews.com/opinion/2009/07/21/heritage-house-law/
Published: Jul 25, 2009
Author: Brian Walsh
Post Date: 2009-07-25 20:36:59 by christine
Keywords: None
Views: 256
Comments: 24
Federal law now criminalizes activities that the average person would never dream would land him in prison. Consequently, every year, thousands of upstanding, responsible Americans run afoul of some incomprehensible federal law and end up serving time in federal prison. With all the attention that's been paid lately to long federal sentences for drug offenders, it's surprising that a far more troubling phenomenon has barely hit the media's radar screen. Every year, thousands of upstanding, responsible Americans run afoul of some incomprehensible federal law or regulation and end up serving time in federal prison. What is especially disturbing is that it could happen to anyone at all -- and it has. We should applaud Reps. Bobby Scott (D-Va.) and Louie Gohmert (R-Texas), then, for holding a bipartisan hearing today to examine how federal law can make a criminal out of anyone, for even the most mundane conduct. Federal law in particular now criminalizes entire categories of activities that the average person would never dream would land him in prison. This is an inevitable result of the fact that the criminal law is no longer restricted to punishing inherently wrongful conduct -- such as murder, rape, robbery, and the like. Moreover, under these new laws, the government can often secure a conviction without having to prove that the person accused even intended to commit a bad act, historically a protection against wrongful conviction. Laws like this are dangerous in the hands of social engineers and ambitious lawmakers -- not to mention overzealous prosecutors -- bent on using government's greatest civilian power to punish any activity they dislike. So many thousands of criminal offenses are now in federal law that a prominent federal appeals court judge titled his recent essay on this overcriminalization problem, "You're (Probably) a Federal Criminal." Consider small-time inventor and entrepreneur Krister Evertson, who will testify at today's hearing. Krister never had so much as a traffic ticket before he was run off the road near his mother's home in Wasilla, Alaska, by SWAT-armored federal agents in large black SUVs training automatic weapons on him. Evertson, who had been working on clean-energy fuel cells since he was in high school, had no idea what he'd done wrong. It turned out that when he legally sold some sodium (part of his fuel-cell materials) to raise cash, he forgot to put a federally mandated safety sticker on the UPS package he sent to the lawful purchaser. Krister's lack of a criminal record did nothing to prevent federal agents from ransacking his mother's home in their search for evidence on this oh-so-dangerous criminal. The good news is that a federal jury in Alaska acquitted Krister of all charges. The jurors saw through the charges and realized that Krister had done nothing wrong. The bad news, however, is that the feds apparently had it in for Krister. Federal criminal law is so broad that it gave prosecutors a convenient vehicle to use to get their man. Two years after arresting him, the feds brought an entirely new criminal prosecution against Krister on entirely new grounds. They used the fact that before Krister moved back to Wasilla to care for his 80-year-old mother, he had safely and securely stored all of his fuel-cell materials in Salmon, Idaho. According to the government, when Krister was in jail in Alaska due to the first unjust charges, he had "abandoned" his fuel-cell materials in Idaho. Unfortunately for Krister, federal lawmakers had included in the Resource Recovery and Conservation Act a provision making it a crime to abandon "hazardous waste." According to the trial judge, the law didn't require prosecutors to prove that Krister had intended to abandon the materials (he hadn't) or that they were waste at all -- in reality, they were quite valuable and properly stored away for future use. With such a broad law, the second jury didn't have much of a choice, and it convicted him. He spent almost two years locked up with real criminals in a federal prison. After he testifies today, he will have to return to his halfway house in Idaho and serve another week before he is released. The other hardened criminal whose story members of Congress will hear today is retiree George Norris. A longtime resident of Spring, Texas, Norris made the mistake of not knowing and keeping track of all of the details of federal and international law on endangered species -- mostly paperwork requirements -- before he decided to turn his orchid hobby into a small business. What was Norris's goal? To earn a little investment income while his wife neared retirement. The Lacey Act is an example of the dangerous overbreadth of federal criminal law. Incredibly, Congress has made it a federal crime to violate any fish or wildlife law or regulation of any nation on earth. Facing 10 years in federal prison, Norris pled guilty and served almost two. His wife, Kathy, describes the pain of losing their life savings to pay for attorneys and trying to explain to grandchildren why for so long Poppa George couldn't see them. Federal criminal law did not get so badly broken overnight, and it will take hard work to get it fixed. It is encouraging that members of Congress such as Reps. Scott and Gohmert are now paying attention to the toll overcriminalization takes on ordinary Americans. Congress needs to begin fixing the damage it has done by starting to restore a more reasonable, limited and just federal criminal law. Today's hearing is an excellent first step.
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#1. To: christine (#0)
My favorite question to ask police officers is "Assuming that ignorance of the law is no excuse, would you please be so kind as to tell me precisely how many laws there are that I have no right to be ignorant of?"
 | Gold and silver are REAL money, paper is but a promise. |
#2. To: christine (#0)
Laws currently on the books in Texas...better watch out! Up to a felony charge can be levied for promoting the use of, or owning more than six dildos. It’s illegal to possess realistic dildos. It is illegal to take more than three sips of beer at a time while standing. It is illegal to milk another person’s cow. A recently passed anticrime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed. Wire cutters can not be carried in your pocket. It is against the law to throw confetti, rubber balls, feather dusters, whips or quirts (riding crop), and explosive firecrackers of any kind. Any person who sits on a sidewalk may be fined up to $500. No person amy disturb a church service by swearing. Obnoxious odors may not be emitted while in an elevator. It is now illegal to place a “for sale” sign on a car if it visible from the street.
#3. To: christine (#0)
If you dont break the law of their choice, they will set you up so that you do.
#4. To: Elliott Jackalope (#1)
what do they answer? ;)
#5. To: robnoel (#2)
i was ignorant of all of those.
#6. To: christine, Elliott Jackalope, Cynicom (#0)
Audio: "You're (Probably) A Federal Criminal" Jim Copland, director of the Center for Legal Policy, interviews Ninth Circuit Judge Alex Kozinski and attorney Misha Tseytlin about their essay on overcriminalization entitled "You're (Probably) A Federal Criminal". You can listen to the podcast here. So many thousands of criminal offenses are now in federal law that a prominent federal appeals court judge titled his recent essay on this overcriminalization problem, "You're (Probably) a Federal Criminal."
#7. To: Cynicom (#3)
yes, i know personally of several incidents where that was done.
#8. To: Refinersfire (#6)
thanks, j!
#9. To: christine (#0)
I do NOT recognize the ILLEGAL SHADOW GOVERNMENT in what is now ameriKa and consider them enemies occupying MY nation. The feral pigs that wipe their asses with our Constitution and BoR must be destroyed to the last man/woman that is willing to stand for it. IMO
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams 
#10. To: christine (#0)
George Washington's Proclamation calling Out The Militia To Occupy the Western Counties of Pennsylvania As It Appears In the August 11, 1794 issue of Claypoole's Daily Advertiser Angered by an excise tax imposed on whiskey in 1791 by the federal government, farmers in the western counties of Pennsylvania engaged in a series of attacks on excise agents. The tariff effectively eliminated any profit by the farmers from the sale or barter of an important cash crop, and became the lightning rod for a wide variety of grievances by the settlers of the region against the federal government. While citizens in the east did not find it difficult to abide by the concept that individual states were "subservient to the country," people west of the mountains were less accepting of decisions made by the central government. The rebel farmers continued their attacks, rioting in river towns and roughing up tax collectors until the so-called "insurrection" flared into the open in July of 1794 when a federal marshal was attacked in Allegheny County, Pennsylvania. Almost at the same time several hundred men attacked the residence of the regional inspector, burning his home, barn and several outbuildings. Pittsburgh was another scene of disorder by enraged mobs. On August 7, 1794, President Washington issued a proclamation, calling out the militia and ordering the disaffected westerners to return to their homes. Washington's order mobilized an army of approximately 13,000 — as large as the one that had defeated the British — under the command of General Harry Lee, the then-Governor of Virginia and father of Robert E. Lee. Washington himself, in a show of presidential authority, set out at the head of the troops to suppress the uprising. This was the first use of the Militia Law of 1792 setting a precedent for the use of the militia to "execute the laws of the union, (and) suppress insurrections," asserting the right of the national government to enforce order in one state with troops raised in other states. Even more importantly, it was the first test of power of the new federal government, establishing its primacy in disputes with individual states. In the end, a dozen or so men were arrested, sent to Philadelphia to trial and released after pardons by Washington. The Whiskey Rebellion
Harassment of Americans by DC has been in the works since the beginning of the nation.
#11. To: Rotara (#9) (Edited)
Cliff High's webbot predicts the demise of the PTB. I hope it's accurate. I have the report, a fascinating read, I can email to you.
#12. To: christine (#0) (Edited)
Laws people should be aware of if they decide to visit Phoenix, AZ so they don't end up in jail. Hunting camels is prohibited. Any misdemeanor committed while wearing a red mask is considered a felony. There is a possible 25 years in prison for cutting down a cactus. Donkeys cannot sleep in bathtubs A class 2 misdemeanor occurs if one places a mark upon a flag which is “likely to provoke physical retaliation”. It is illegal to manufacture imitation cocaine. When being attacked by a criminal or burglar, you may only protect yourself with the same weapon that the other person posseses. It is unlawful to refuse a person a glass of water. You may not have more than two dildos in a house Cards may not be played in the street with a Native American. If you bother the cottontails or bullfrogs, you will be fined. An ordinance prohibits the wearing of suspenders. Women may not wear pants. It is illegal to drive a car down Central Avenue because you might scare the horses. I now understand why Bush never visited South Bend Indiana... there it is against the law for monkeys to smoke cigarettes.
#13. To: buckeroo (#10)
hmmmm. arghhhhh. that seems a misuse of the militia by washington, doesn't it. so much for the spirit of the Declaration of Independence.
This was the first use of the Militia Law of 1792 setting a precedent for the use of the militia to "execute the laws of the union, (and) suppress insurrections," asserting the right of the national government to enforce order in one state with troops raised in other states. Even more importantly, it was the first test of power of the new federal government, establishing its primacy in disputes with individual states. In the end, a dozen or so men were arrested, sent to Philadelphia to trial and released after pardons by Washington.
#14. To: bush_is_a_moonie (#12)
these are for real? or are you pulling my leg?
#15. To: christine (#13)
A nasty nation we live in, indeed. And those longing for the good ol' days re-establishing the constitutional framework of this nation do not understand the power of executive fiat. The power is now so broad that I doubt you can use modern conveniences, such as a cell phone while driving an automobile on a publick highway.
#16. To: christine, bush_is_a_moonie (#14)
It is illegal to ride an elephant faster than 5mph down the main street of Grass Valley.
Mirrors on the ceiling, The pink champagne on ice, And she said 'We are all just prisoners here, of our own device', And in the master's chambers, They gathered for the feast, They stab it with their steely knives, But they just can't kill the beast - Hotel California, The Eagles
#17. To: farmfriend. anyone (#16)
Is it against the law to have sex while operating a motor vehicle? In Texas.
#18. To: christine (#11)
I predict so much blood will run in ameriKa such that it will be of biblical proportions. I don't like it, but that's what I see. Too many f**king sheeple are too damned braindead.
Please send it
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams
#19. To: christine (#13)
Washington effed up. IIRC, it was Hamilton (PISSbuh) that was behind it. Hamilton should have been disposed of LONG before he was. IMO
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams
#20. To: christine (#4)
They don't answer, they just glare at me and nervously fondle their Tazer, at which point I just smile and say "Have a nice day" and move on...
| Gold and silver are REAL money, paper is but a promise. |
#21. To: christine, bush_is_a_moonie (#14)
In Kansas it is against the law to eat Rattlesnake meat on Sunday. In Portland, Oregon it is illegal for a man to precede a woman through a door if she is within 50 feet of the door. Violators are subject to a $2 fine. In South Carolina it is illegal to sell women's underwear on Sunday.
these are for real? or are you pulling my leg?
"I think the subject which will be of most importance politically is Mass Psychology...It's importance has been enormously increased by the growth of modern methods of propaganda...Although this science will be diligently studied, it will be rigidly confined to the governing class. The populace will not be allowed to know how its convictions were generated." Bertrand Russel, Eugenicist and Logician
#22. To: christine, Rotara, TwentyTwelve (#11) (Edited)
They will fail in their attempt to take over the world. I think though that it has been a close thing. I think Oh'bummer will be their downfall. In their arrogance and stupidity they pushed in a candidate who cannot legally hold the office and I think that will come out and start the tumbling of the house of cards. I think I predicted elsewhere that Oh'bummer would not make it through the second year in Office and I think we are on track for that to hold up. The problem with psychotics, besides being psychotic, is that they are brittle and while they will keep coming at you maniacally once they have been convinced that you are not going to tumble they just sort of shatter.
Cliff High's webbot predicts the demise of the PTB. I hope it's accurate. I have the report, a fascinating read, I can email to you.
"I think the subject which will be of most importance politically is Mass Psychology...It's importance has been enormously increased by the growth of modern methods of propaganda...Although this science will be diligently studied, it will be rigidly confined to the governing class. The populace will not be allowed to know how its convictions were generated." Bertrand Russel, Eugenicist and Logician
#23. To: Original_Intent, christine, Rotara (#22)
They will fail in their attempt to take over the world. I think though that it has been a close thing. I think Oh'bummer will be their downfall. In their arogance and stupidity they pushed in a candidate who cannot legally hold the office and I think that will come out and start the tumbling of the house of cards. I think I predicted elsewhere that Oh'bummer would not make it through the second year in Office and I think we are on track for that to hold up. The problem with psychotics, besides being psychotic, is thatt they are brittle and while they will keep coming at you maiacally once they have been convinced that you are not going to tumble they just sort of shatter. I hope that you are correct!
Cliff High's webbot predicts the demise of the PTB. I hope it's accurate. I have the report, a fascinating read, I can email to you.
#24. To: TwentyTwelve (#23)
Me too. I think I am - and I've got Nostradamus to back me up as he predicted what has come to pass - and that it will pass.
"I think the subject which will be of most importance politically is Mass Psychology...It's importance has been enormously increased by the growth of modern methods of propaganda...Although this science will be diligently studied, it will be rigidly confined to the governing class. The populace will not be allowed to know how its convictions were generated." Bertrand Russel, Eugenicist and Logician
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