You Broke the Law, But did you Know?

Before you even get out of your driveway or leave the parking lot, how many laws did you break?

You’ve probably broken the law, and you don’t even know it

FreedomWorks: April 1790, the first Congress passed the Crimes Act, a law that established a criminal code in the United States. The Constitution listed only three crimes — counterfeiting, piracy, and treason. The Crimes Act codified those crimes and added a little more than a dozen others, including murder, larceny, and perjury. The list of federal offenses was short and easily defined.

Today, however, there are more than 4,500 federal statutes that carry criminal penalties. That is, at least, the best estimate. There has not been a full accounting of the number of criminal penalties since 2008. In 2013, the House Over-Criminalization Task Force asked the Congressional Research Service to, once again, take on this task. “CRS’ initial response to our request was that they lack the manpower and resources to accomplish this task,” Rep. Jim Sensenbrenner (R-Wis.), co-chair of the task force, said at a June 2013 hearing. “And I think this confirms the point that all of us have been making on this issue and demonstrates the breadth of over-criminalization.”

This onslaught of federal criminal offenses is relatively recent in the United States’ history. The American Bar Association, in a 1998 report, noted that “[m]ore than 40% of the federal provisions enacted since the Civil War have been enacted since 1970.” If this explosive growth in the federal criminal code was not jaw-dropping enough, it pales in comparison to the number of federal regulatory crimes.

A 1991 study, Does ‘Unlawful’ Mean ‘Criminal’? Reflections on the Disappearing Tort/Crime Distinction in American Law, noted that “there are over 300,000 federal regulations that may be enforced criminally.” Twenty-four years later, some estimate that there are as many as 400,000 regulatory offenses, many of which are punishable by fines and prison sentences.

It has long been said that ignorance of the law is not a defense, but the laws and regulations on the books in the United States are so voluminous that it is impossible to know when they are being broken. This is why, if you ever find yourself in a situation where you broke the law but did not realise until it was too late, you should get yourself a lawyer. Maybe you should take a look at someone like these Raleigh criminal defense lawyers to give you a better idea of how they could help you. Harvey Silverglate, a civil liberties and criminal defense attorney, has, quite literally, written the book about the epidemic of over-criminalization. In his 2009 book, Three Felonies A Day, Silverglate, who offers several horror stories involving over-criminalization, theorizes that the average American commits, as the title suggests, a trio of felonies on a daily basis, often without ever knowing that a crime was committed.

These offenses can still be successfully prosecuted. Take the case of Alison Capo, for example. Her 11-year-old daughter, Skylar, saved a baby woodpecker from being eaten by a cat. Capo did not know that she ran afoul of the Migratory Bird Treaty Act, under which the woodpecker is protected. She was fined $535 and threatened with jail time. The US Fish and Wildlife Service dropped the citation only after the case received publicity in the news.

“Kids should be able to save a baby bird and not end up going home crying because their mom has to pay $535,” Skylar told a local reporter. “I just think that’s crazy.” Indeed, it is crazy. Sadly, there are many more egregious examples of over-criminalization. The Heritage Foundation highlighted 21 specific instances from across the country in a publication, USA vs. You: The Flood of Criminal Laws Threatening Your Liberty, where the purported “criminal” broke laws or regulations that they could not have possibly known about.

Unfortunately, federal law and regulations often lack mens rea, or guilty mind, a requirement that derives from the common law tradition. Essentially, with mens rea, prosecutors would have to prove that the accused had criminal intent for them to be culpable for a crime. The criminal intent requirement has, however, been eroded in American law as the number of criminal offenses passed by Congress and promulgated by unelected bureaucrats have exploded.

A May 2010 report, Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law, from the Heritage Foundation and the National Association of Criminal Defense Lawyers noted that of 57 percent of the 446 proposed criminal offenses in the 109th Congress (2005-2006) “lacked an adequate mens rea requirement.” Of the 36 proposed criminal offenses enacted by this particular Congress, almost 64 percent had a weak mens rea requirement or none at all.

Testifying before the House Over-Criminalization Task Force in July 2013, John Baker, a well respected and accomplished legal scholar who has written extensively on over-criminalization, explained how the American legal system came to such a perilous state that puts the liberty of the people at risk. “[W]hen we look at state criminal law, it is relatively easy, even though states have added many non-common law crimes, it is easy because the meat and potatoes of a local prosecutor, which I was, in murder, rape, robbery, theft, burglary, that is what we dealt with. And most juries do not have difficulty figuring out what those crimes are,” Baker told members of the task force. “Indeed, in most state prosecutions the issue is not whether there was a crime, the issue is whether the defendant is the person who did it.”

“In Federal law it is just the opposite. The issue is not whether the defendant did something; it is whether what he did was a crime. And we know with 4,500 statutes out there, there are plenty to pick from,” he said. “And it is easy to pick up one that has, if not a lack of mens rea entirely, a confused mens rea.” In his prepared testimony, Baker noted that the Migratory Bird Treaty Act, under which Alison Capo was unnecessarily harassed, does not have a mens rea requirement.

“You know, at the state level we know that we found many people who are innocent in jail because they were factually not guilty,” Baker explained. “The problem in federal criminal law is that we have innocent people being convicted not because we have the wrong person, but because they really did not commit a crime” because they did not intend to do so.

In Baker’s view — as well as the view of most conservative, libertarian, and even some progressive legal scholars — is a default mens rea requirement. This would be applied across the board in federal offenses, providing some necessary relief for people who may unwittingly break some arbitrary statute or regulation enacted by Congress or promulgated by a federal agency.

Much of the focus of justice reform efforts in Congress has been on overhauls of front-end sentencing and back-end reentry. These efforts are vital because of the high costs of incarceration and the current approach to corrections, which essentially warehouses offenders, rather than rehabilitate them. But the need for default mens rea is another aspect of justice reform that Congress must consider due to the epidemic of over-criminalization that represents a threat to virtually every American.

 

The Latest Planned Parenthood Video, the Beating Heart

States are investigating Planned Parenthood while others are moving to defund the organization. This is NOT an issue of abortion it is an issue of organ trafficking and illegal harvesting. Here is information on Title X.

Horrific Claim in New Planned Parenthood Video: Intact Brain Was Harvested From ‘Late-Term Male Fetus Whose Heart Was Still Beating’

A pro-life, medical ethics group has released the seventh video in an ongoing undercover and investigative series alleging that Planned Parenthood sells aborted fetal parts and tissue for profit.

The latest 10-minute clip from the Center for Medical Progress includes a shocking claim from Holly O’Donnell, a former blood and tissue procurement technician for StemExpress, that the heart of a baby was still beating after an abortion.

“The third episode in a new documentary web series and 7th video on Planned Parenthood’s supply of aborted fetal tissue tells a former procurement technician’s harrowing story of harvesting an intact brain from a late-term male fetus whose heart was still beating after the abortion,” a press release reads.

The majority of the video focuses on O’Donnell recounting how she was once asked to help procure brain tissue from the aforementioned fetus — an experience that she said shook her to her core.

The former technician recalled her coworker one day calling her over to “see something kind of cool.”

“So, I’m over here and this is the moment I see it. I’m just flabbergasted,” O’Donnell recalled of seeing the late-term aborted fetus. “This is the most gestated fetus and the closest thing to a baby I’ve seen.”

She said that her coworker then tapped the aborted baby’s heart and that it immediately started beating.

“I’m sitting here and I’m looking at this fetus and its heart is beating — and I don’t know what to think,” O’Donnell said. “I knew why it was happening, because the electrical current, the nodes were still firing, and I don’t know if that constitutes it’s technically dead or if it’s alive.”

O’Donnell went on to describe the fact that the baby had a face that included eyelids and a pronounced mouth and nose, but it’s what happened next that she said pushed her over the edge and showed her that working at StemExpress was no longer feasible.

“Since the fetus was so intact [my coworker] said, ‘This is a really good fetus, and it looks like we can procure a lot from it. We’re going to procure brain,’” O’Donnell recounted. ”She takes the scissors and she makes a small incision… and goes, I would say to maybe a little bit through the mouth, and she was like, ‘Okay, can you go the rest of the way?’”

While she didn’t want to do it, O’Donnell said that she complied, and that she immediately regretted her decision to do so.

“I’m just sitting there like, ‘What did I just do?’” she said. “That was the moment that I knew I couldn’t work for the company anymore.”

Terrorism Works, U.S. Chart Proves Vulnerability

Chart Lists Terrorists in U.S. Due to Lax Immigration Policies

The Obama administration’s lax immigration policies have allowed a large number of terrorists with documented ties to ISIS and other radical Islamic groups into the United States, including individuals from Yemen, Saudi Arabia, Somalia and Uzbekistan who have been criminally charged in recent years.

Examples include a naturalized U.S. citizen from Somalia (Hinda Osman Dhirane) charged with conspiracy to provide material support to a foreign terrorist organization, a lawful permanent resident (Akhror Saidakhmetov) from Kazakhstan charged with conspiracy to provide material support to Al Qaeda in Iraq, a Yemeni national named Mufid A. Elfgeeh who also supported a foreign terrorist organization, possessed illegal firearms and attempted to kill U.S. government officers and a Syrian national named Mohamad Saeed Kodaimati who knowingly made false, fraudulently and fictitious statements to the FBI.

That’s just a snippet of a long list of foreigners with terrorist ties who have been granted U.S. entry by the Obama administration. The document was provided this month by a pair of federal lawmakers attempting to pinpoint the tragic consequences of Obama’s negligent immigration policies. The legislators, both U.S. senators, are asking Attorney General Loretta Lynch and Secretary of State John Kerry to provide details on the immigration history of the individuals—as well as their family—that appear on the chart. The list features 72 people involved with or sentenced for terrorist activity in the last year alone.

They include individuals who have engaged in or attempted to engage in acts of terrorism; conspired or attempted to conspire to provide material support to a terrorist organization; engaged in criminal conduct inspired by terrorist ideology; or who have been sentenced for any of the foregoing, the senators, Jeff Sessions of Alabama and Ted Cruz of Texas, reveal. “We would like to understand more about these individuals, and others similarly situated in recent history, and the nexus between terrorism and our immigration system,” they write in a letter to Lynch and Kerry. Sessions chairs the Senate Judiciary Committee’s Subcommittee on Immigration and Cruz chairs the Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts.

They ask that the State Department and Department of Justice (DOJ) coordinate with other relevant agencies to provide answers to their questions by early next month. Among the senators’ inquires is an unredacted copy of each non-citizen or naturalized citizen’s alien file and a breakdown by immigration status of those who at any time after entering the U.S. got flagged as a member of a terrorist organization or political/social group that endorses or espouses terrorist activity. The lawmakers seek other information as well, including the identification of subjects with terrorist ties who have been deported from the U.S. and those who have been placed in removal proceedings but were allowed to remain inside the country.

As if it weren’t bad enough that terrorists are entering the U.S. legally thanks to our weak immigration policies, the Obama administration also has a terrorist “hands off” list that permits individuals with extremist ties to enter the country. The disturbing details of this secret list come from internal Department of Homeland Security (DHS) documents exposed last year by a U.S. senator. Specifically, an electronic email exchange between U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) asks whether to admit an individual with ties to various terrorist groups. The individual had scheduled an upcoming flight into the U.S. and was believed to be a member of the Muslim Brotherhood and a close associate and supporter of Hamas, Hezbollah and the Palestinian Islamic Jihad.

Islamic terrorists are also sneaking into the U.S. through the porous southern border. Judicial Watch has reported this for years and, more recently, published a series of stories documenting how Mexican drug cartels are smuggling foreigners with terrorist links into the El Paso, Texas region. The foreigners are classified as Special Interest Aliens (SIA) by the government and they are being transported to stash areas in Acala, a rural crossroads located around 54 miles from El Paso on a state road – Highway 20. Once in the U.S., the SIAs wait for pick-up in the area’s sand hills just across Highway 20. JW has also reported that Mexican smugglers are moving ISIS operatives through the desert and across the U.S.-Mexico border with tremendous ease.

America’s Dramatic Drop in Freedom, Shameful

Ronald Reagan is shuttering in his grave

Every person in the United States has a DUTY to be a watchdog of government and to protect the legacy of our Founding Fathers. As noted below, the failure belongs with us.

What are you ready to do and when do you start to remove this shame?

United States Drops In Overall Freedom Ranking 

Daily Caller: A new report on the freedom of countries around the world ranks the United States 20th, putting countries like Chile and the United Kingdom ahead of the U.S.

Last year, the U.S. was ranked 17th, but a steady decline of economic freedom and “rule of law” has dropped the level of freedom, according to the Cato Institute, Fraser Institute and the Swiss Liberales Institut, which created the study together.

Co-author of the report Ian Vasquez told The Daily Caller News Foundation that the steady growth of government and increased regulations of business and labor contribute to the U.S. low rating.

“Since the year 2000, the U.S. has been on a decline in terms of economic freedom,” Vasquez told TheDCNF.

The other main reason for the United States’ low rank comes from the “rule of law” measure. Vasquez told TheDCNF that increased invasions of privacy through the war on drugs and war on terror have contributed to the decline in freedom.

Also, the increased use of eminent domain is factored in as a violation of property rights.

The other indicators used to make the list were security and safety, movement, religion, association, assembly and civil society, expression, relationships, size of government, legal system and property rights, access to sound money, freedom to trade internationally, regulation of credit, labor and business.

Based on those measures, here are the top 25 countries.

 

1. Hong Kong

2. Switzerland

3. Finland

4. Denmark

5. New Zealand

6. Canada

7. Australia

8. Ireland

9. United Kingdom

10. Sweden

11. Norway

12. Austria

12. Germany

14. Iceland

14. Netherlands

16. Malta

17. Luxembourg

18. Chile

19. Mauritius

And then finally..

20. United States

Just after the U.S.,

21. Czech Republic

22. Estonia

22. Belgium

24. Taiwan

25. Portugal

“The U.S. performance is worrisome and shows that the United States can no longer claim to be the leading bastion of liberty in the world,” Vasquez wrote.”In addition to the expansion of the regulatory state and drop in economic freedom, the war on terror, the war on drugs, and the erosion of property rights due to greater use of eminent domain all likely have contributed to the U.S. decline.”

 

Amnesty director’s links to global network of Islamists

Amnesty International courtesy of financial support from George Soros:

In part from Discover the Networks:

During the Cold War, however, AI focused scant attention on the human rights abuses committed by the Soviet Union and its satellites via the Warsaw Pact. Only in 1975, fully 13 years after its formation, did the organization finally release a report — “Prisoners of Conscience in the USSR” — documenting the plight of political prisoners behind the Iron Curtain. In its own defense, AI maintained that its work was complicated by the lack of access to prisoners in the Communist world, and by the possibility that its activism might trigger retaliation against political prisoners by the ruling authorities.

The consequences of this approach were evident in AI’s assessment of human rights in Communist Cuba, where throughout the 1970s the organization underestimated the number of political prisoners while offering only mild criticism of the Castro regime’s persecution of political opponents. An AI annual report for 1976, for instance, noted that the “persistence of fear, real or imaginary, was primarily responsible for the early excesses in the treatment of political prisoners.” This cautiously diplomatic approach to the Castro dictatorship did not prevent AI from being awarded the Nobel Peace Prize the following year. In his acceptance lecture, Mumtaz Soysal, a little-known professor from Turkey, hailed what he called AI’s mission “to spotlight the victims in every society where imprisonment results from political or religious belief …”

A grossly disproportionate share of Amnesty International’s criticism is reserved for the United States. In the 1980s AI joined leftist non-governmental organizations like the Church World Service and Americas Watch in vocally opposing the Reagan administration’s support for the Contra resistance movement against Nicaragua’s Communist dictatorship.

In recent years, AI has emerged as a vocal critic of the U.S.-led war on terror, opposing especially the American-led invasions of Afghanistan and Iraq. AI’s University of Oklahoma chapter endorsed a May 1, 2003 document titled “10 Reasons Environmentalists Oppose an Attack on Iraq,” which was published by Environmentalists Against War.

AI has also condemned the U.S.-operated detention facilities in Guantanamo Bay, Cuba. In March 2005, Amnesty International-USA’s then-Executive Director William Schulz alleged that the United States had become “a leading purveyor and practitioner” of torture and urged that senior American officials — including President Bush, former Defense Secretary Donald Rumsfeld, former Undersecretary of Defense for Policy Douglas Feith, Attorney General Alberto Gonzales, former Central Intelligence Agency director George Tenet, and high-ranking officers at Guantanamo Bay — face prosecution by other governments for violations of the Geneva Conventions and the U.N. Convention Against Torture. On May 25, 2005, Schulz announced that his organization “calls on foreign governments to uphold their obligations under international law by investigating all senior U.S. officials involved in the torture scandal.” “The apparent high-level architects of torture,” he added, “should think twice before planning their next vacation to places like Acapulco or the French Riveria because they may find themselves under arrest as Augusto Pinochet famously did in London in 1998.” Schulz’s remarks were echoed in May of 2005 by Amnesty International’s Secretary General Irene Khan, who charged that “Guantanamo [Bay] has become the gulag of our times…”

An expose by a British paper has revealed that a senior Amnesty international official has links with Hamas and a wider secret global Islamist network, once again raising questions about the NGO’s alleged “impartiality.”

The report by The Times revealed that Amnesty’s director of faith and human rights, Yasmin Hussein, is linked to a British “aid agency” which helps finance Hamas, and held a private meeting with a senior Muslim Brotherhood official at his house in Egypt.

What’s more, Hussein’s husband Wael Musabbeh was named in documents released by the United Arab Emirates after a 2013 trial which saw 60 UAE citizens accused of conspiracy and sedition, over a plot to overthrow the government. While Musabbeh was not himself a defendant in that case, he and his wife were both directors of a Bradford-based charity “said by the authorities to be part of a complex financial and ideological network in which the UK and Ireland served as important hubs, linking the (Muslim) Brotherhood to its group in UAE,” the paper said.

Amnesty International director alleged to have links to Muslim Brotherhood & radical Islamists

Amnesty’s director of faith and human rights, Yasmin Hussein.

A senior Amnesty International official has been found to have private links with the Muslim Brotherhood in Egypt and revolutionary Islamists accused of plotting a coup in an Arab state.

Amnesty’s director of faith and human rights, Yasmin Hussein, stayed overnight at the residence of a Muslim Brotherhood advisor during an official visit to Egypt in direct contravention of Amnesty guidelines.

Her husband was also named as an alleged Islamist in documents relating to a 2013 sedition trial in the United Arab Emirates.

Hussein, who was until recently the charity’s director of international advocacy and among its leading voices at the UN, denies being an Islamist and has said she is “vehemently opposed” to raising money for “any organization that supports terrorism.

An investigation published by The Times claimed that Hussein, 51, held a private meeting with a Muslim Brotherhood government official during an Amnesty mission to Egypt in 2012.

After the private meeting with Adly al-Qazzaz, a ministerial education adviser, Hussein had dinner with his family and stayed overnight in their home.

Amnesty International was not informed of the visit, despite instructing its staff to declare any links that may generate a real or perceived conflict of interest with its independence and impartiality.

An Amnesty employee told The Times that the charity had strict rules on overseas trips, adding: “For an Amnesty delegate to accept an invitation to stay at the residence of a government official is a serious breach of protocol.”

The Muslim Brotherhood is considered a terrorist organization in Bahrain, Russia, Syria, Saudi Arabia and the UAE.

The transnational Sunni Islamist organization has been illegal in Egypt since 2013, when the Muslim Brotherhood was overthrown by the military in a coup d’état which has since led to a violent crackdown on the group.

According to The Times, Adly al-Qazzaz’s family was well connected within the party. His son, Khaled al-Qazzaz, was the Brotherhood’s presidential secretary for foreign affairs. His daughter was the official spokeswoman for the group in the UK.

Both Adly al-Qazzaz and his son were arrested and detained following the military coup in 2013, but the father has since been released.

Hussein said she did not know about the Muslim Brotherhood positions held by members of the family and that she met with al-Qazzaz to speak about “the synergies between human rights and educational planning.”

Amnesty said that, with the exception of the overnight stay, it “found no evidence to suggest any inappropriate links between Ms Hussein and the al-Qazzaz family.

In a separate incident, Hussein’s husband was identified in documents released after a criminal trial of Islamists accused of plotting a coup in the United Arab Emirates.

Wael Musabbeh was one of several alleged British Islamists, none of whom were charged, named in documents relating to a 2013 trial that ended with the jailing of more than 60 Emirati citizens for conspiracy and sedition.

Amnesty, which challenged the fairness of the trial at the time, said it was unaware of the connection because it did not realize Musabbeh was Hussein’s husband.

Musabbeh is also a director and trustee of Human Relief Foundation, a global Islamic charity banned in Israel for its alleged connecting to groups which finance Hamas.

The charity said Hussein denied being a supporter of the Brotherhood and has told Amnesty “any connections are purely circumstantial.” It said it did not believe any of her alleged connections with Islamists represented a conflict of interest.

It added: “Amnesty International does, however, take very seriously any allegations that would call into question our impartiality and is therefore investigating the issues raised.

The charity has also come under fire for a separate incident in which an employee defended the organization’s links with CAGE, an advocacy group which campaigns for victims of the “war on terror,” but which has been accused of acting as apologists for jihadists.

The Amnesty employee voiced sympathy for those whose “only crime is to be soft on Islamic militants.”

CAGE was condemned by Prime Minister David Cameron in February for suggesting the UK-born Islamic State (formerly ISIS/ISIL) executioner “Jihadi John” was turned into a brutal killer after coming into contact with UK intelligence services.

An Amnesty spokeswoman said the charity “believes that staff should feel free to discuss and debate issues and other topics which impact the organization.

[Amnesty] campaigns and calls for states to respect, protect and fulfill their international human rights obligations, including freedom of expression, freedom of religion and women’s rights,” the spokeswoman added.