Wednesday, August 22, 2012

While You Were Sleeping

A Chesterfield man and Marine veteran is being held for evaluation in a local hospital after posting questionable messages to his Facebook wall.

26-year-old Brandon J. Raub was confronted at his home by FBI agents on Thursday. According to Richmond FBI spokeswoman Dee Rybiski, the agency did not arrest Raub, but took him to John Randolph Medical Center for evaluation.

Raub posted a series of controversial messages to his Facebook wall, including this one, dated August 5: "If you are unaware of the great amount of evil perpetrated by the American Government I suggest you take … your head out of the sand. The day of reckoning is almost at hand."

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At a hearing Monday morning, Raub's defense attorneys argued that Raub's First Amendment rights had been violated when he was removed by his home by federal agents without being arrested. The judge determined that Raub will remain detained for up to 30 days, in conjunction with a mental evaluation.
  WRIC
Brandon J. Raub, a 26-year-old pro-liberty activist, former U.S. Marine, and Virginia resident, was arrested after authorities deemed his Facebook posts threatening. Citing an obscure statute allowing the involuntary detainment of a citizen for psychiatric evaluation, the FBI, Secret Service, and local authorities swarmed Raub’s property to question and then seize him. Without a warrant or recitation of his Miranda rights, Raub was handcuffed and taken into custody. After a quick hearing, government officials confirmed that Raub’s Facebook posts necessitated his detention, refusing to acknowledge legal objections that the words were wrongly interpreted. The former Marine will undergo 30 days of evaluation at Salem VA Medical Center.

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So what did he post? A Facebook note titled “The Truth” lists grievances against the American ruling establishment. Raub expresses his belief that the American principles of limited government and personal liberty are expiring and that corporations and international bankers run the state, not the people. Raub has directly called for the arrest of bankers and politicians who consistently defy their oath to the United States Constitution.

According to his supporters, Raub also believes the Iraq and Afghanistan wars were sold to the American people under false pretenses to benefit the powerful at the expense of military families, American treasure, and domestic security. Raub served in Iraq and Afghanistan with the Marine Corps from 2005 to 2011.

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Though his defenders claim he is a patriot meaning no harm, the former Marine directly encouraged a popular revolution against tyrannical and un-constitutional government, claiming he would “kickstart” resistance. No direct threats were posted, and posts of this darker nature were a mixture of statements authorities construed as incitements to violence and song lyrics from heavy rock music.

Undoubtedly, these expressions concerned federal authorities, but was detainment for “psychological evaluation” without respect for Raub’s rights to Due Process warranted? Raub has no history of mental illness and a reputation for organizing peaceful political demonstrations.

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Officials insist the seizure was not an arrest because there are no criminal charges, but an ACLU investigator disagrees, “I have reviewed the video of Mr. Raub's arrest. According to federal statute, when the police restrained the subject with handcuffs and stopped him from moving about under his own free will, at that point the subject was, in fact, under arrest. The fact that he was not read his Miranda Rights is another violation."

A lawyer in Dallas is more concerned the incident is a harbinger of things to come after recent constitutional abuses by the federal government concerning due-process rights and domestic spying.

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Unless the Obama administration abandons the NDAA, it is reasonable to assume that if Raub (or any other dissident) were deemed a “terrorist”, even before manifesting intent to act, federal authorities could skip the entire judicial process and imprison him at the pleasure of the President. Very few civilized nations allow unchecked power of this magnitude in the 21st century.

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For John Whitehead, Director of the Rutherford Institute, a Virginia-based civil liberties organization defending Raub, the larger concern is whether government officials are monitoring citizens' private Facebook pages for dissent.

"For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. This is a scary new chapter in this nation’s history.”

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According to FBI Spokeswoman Dee Rybiski, federal agents did not monitor Raub’s Facebook page, but received “a few complaints about what were perceived as threatening posts”. Whitehead doubts the FBI’s honesty, stating the page in question was recently created and private.

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Though the extent of snooping program remains classified, a Freedom of Information Act release revealed that General Dynamics was awarded the $11.3 million dollar tax-payer funded contract to stalk social media traffic. Keyword-generated status reports “capturing public reaction” and opinions that “reflect adversely” on the federal government were produced weekly for the Department of Homeland Security.

Senior officials insist the government can be trusted and that citizens are not tracked by their political views at this time, but Ginger McCall, director of the EPIC’s open government program points out, “The language in the documents makes it quite clear that they are looking for media reports that are critical of the agency and the U.S. government more broadly. This [monitoring] could have a substantial chilling effect on legitimate dissent and freedom of speech.”
  Washington Times

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