Tag Archives: police state and civil rights

FAU Police Sued For Illegally Accessing Professor’s DMV Records

Officers Repeatedly Filched Targeted Faculty Member’s Personal Information

Florida Civil Rights Coalition
(August 23, 2019)

West Palm Beach—The Florida Civil Rights Coalition, P.L.L.C. has initiated civil actions on behalf of former Florida Atlantic University (“FAU”) Professor James Tracy against four FAU law enforcement officers for illegally accessing Tracy’s driver’s license information in 2015 and 2016.

The lawsuits allege that FAU’s current and former law enforcement personnel, Rickey Leon Bethel Jr. [Case No. 9:19-cv-81189], Tracy Clark Haynie [Case No. 9:19-cv-81190], Amy Grande [Case No. 9:19-cv- 81191] and Gia Shaw [Case No. 9:19-cv-81193] violated the Drivers License Privacy Protection Act (“DPPA”), a federal law with criminal and civil penalties against individuals who obtain, disclose or use drivers’ license information without an authorized purpose or consent.

Public records show Bethel, Haynie, Grande and Shaw accessed Tracy’s confidential personal information using the Florida Department of Highway Safety and Motor Vehicles’ Driver and Vehicle Information Database, also known as “DAVID.” The inquiries began the morning of December 17, 2015, less than two days after FAU officials announced termination proceedings against the tenured communications professor. The records reveal Bethel, Haynie, Grande and Shaw combined for twenty six (26) unlawful DAVID inquiries to obtain Tracy’s confidential personal information.

Record of searches on Florida Highway Safety and Motor Vehicles “DAVID” database conducted by FAU Police for then-FAU Professor James Tracy.

The four lawsuits demand jury trials and request liquidated damages under the DPPA, compensatory and punitive damages, attorneys’ fees, court costs and injunctions against Bethel, Haynie, Grande and Shaw and anyone acting in concert with them.

Dr. Tracy was hired by FAU as a tenure-track faculty member in 2002 and awarded tenure in 2008. Following Tracy’s unlawful termination in 2016, the Florida Civil Rights Coalition filed a civil rights lawsuit [Case No. 9:16-cv-80655] on Tracy’s behalf against FAU and various officials who conspired to terminate Tracy in retaliation for his constitutionally protected speech. After a federal jury returned a verdict favoring FAU in 2017, Tracy appealed. The case [Case No. 18-10173] is presently scheduled for oral argument before the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia on September 19, 2019.

Inquires may be directed to info (at) floridacivilrights.org.

Initial pleadings/exhibits are viewable here.

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15-Year-Old Charged With Felony for Internet post On mass shooting

5th Florida Precrime ‘Threat Arrest’ This Month

“He’s a child … He didn’t cause, or act, or do anything though.”

Daniel Figueroa IV
TampaBayTimes

A Seabreeze High School student Friday became the fifth Floridian charged with threatening to commit a mass shooting after deadly shootings in El Paso and Dayton earlier this month.

According to the Volusia County Sheriff’s Office, 15-year-old Adam Guzzetti was charged with a felony after authorities learned he threatened to shoot and kill people at his school, Seabreeze High School in Daytona Beach.

Using the username FalconWarrior920 on the gaming platform Discord, deputies said Guzzetti on Thursday used a fake name and stated “I Dalton Barnhart vow to bring my fathers (sic) m15 to school and kill 7 people at minimum.”

Another user alerted the FBI to the threat, which was then passed on to the sheriff’s office. Members of the FBI Joint Terrorism Task Force were able to track the FalconWarrior920 IP address to an address in Holly Hills, where Guzzetti lives with his mother, Amethy Organ, according to an arrest report.

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The TAPS Act: ‘Red Flag Laws on Steroids’

Editor’s Note: While this article was published two months ago it ably covers the basics of state and federal efforts at Red Flag “precrime” laws designed to preempt citizens’ due process before depriving them of their Second Amendment rights. After the Dayton and El Paso mass shooting events Congressional leaders are effectively in competition to outdo each other in gun control legislation. 

[Senator Marco] Rubio’s TAPS Act would encourage law enforcement to give EVERYONE a personal threat assessment (adults and children) and single out those they deem as future threats. That information would then be used as a kind of Precog substitute to “stop dangerous individuals before they can commit an act of violence.

David Leach
The Strident Conservative
(June 10, 2019)

A little over a year ago, I wrote a satirical piece entitled The Minority Report Act of 2018: a Law Guaranteed to End Gun Violence. Using the Minority Report movie as a basis, I demonstrated the extremes Republicans and Democrats are willing to go to find ways to deny us our Second Amendment rights in the name of “preventing” acts of terrorism.

The inspiration for the article came to me after witnessing the overreaction by Trump and the GOP to the shooting at Marjory Stoneman Douglas High School in Parkland, FL, and a bill presented in 2016 by House Minority Leader Kevin McCarthy (H.R. 5611). McCarthy’s bill allowed the government to deny gun rights without charges being filed, a trial, or a conviction based merely on a prediction that you’ll someday be a terrorist.

In the Minority Report movie, murders are predicted using three mutated humans called “Precogs” who “previsualize” crimes before they happen, thus allowing would-be murderers to be imprisoned before they kill. And while Precogs are science fiction, Republicans are working to create the next best thing in reality.

For example, under Washington’s guidance, more and more states are passing Extreme Risk Protection Order laws (aka ERPOs or red flag laws). Red flag laws allow the government to seize weapons from law-abiding citizens without due process.

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An Open Invitation to Tyranny

Paul Craig Roberts
paulcraigroberts.org
(August 7, 2019)

The FBI has published a document that concludes that “conspiracy theories” can motivate believers to commit crimes.  https://www.scribd.com/document/420379775/FBI-Conspiracy-Theory-Redacted#download 

Considering the growing acceptance of pre-emptive arrest, that is, arresting someone before they can commit a crime that they are suspected of planning to commit, challenging official explanations, such as those offered for the assassinations of John F. Kennedy, Robert Kennedy, and Martin Luther King or the official explanation for 9/11, can now result in monitoring by authorities with a view to finding a reason for pre-emptive arrest.  Presidents George W. Bush and Obama created the police state precedents of suspension of habeas corpus and assassination of citizens on suspicion alone without due process.  If Americans can be preemptively detained indefinitely and preemptively assassinated,  Americans can expect to be preemptively imprisoned for crimes that they did not commit.  

As Lawrence Stratton and I explained in our book, The Tyranny of Good Intentions, the historic achievement of forging law into a shield of the people is being reversed in our time as law is being reforged into a weapon in the hands of the government.  https://www.penguinrandomhouse.com/books/155833/the-tyranny-of-good-intentions-by-paul-craig-roberts-and-lawrence-m-stratton/ 

The FBI document says that conspiracy theories “are usually at odds with official or prevailing explanations of events.”  Note the use of “official” and “prevailing.”  Official explanations are explanations provided by governments.  Prevailing explanations are the explanations that the media repeats.  Examples of official and prevailing explanations are: Saddam Hussein’s weapons of mass destruction, Assad’s use of chemical weapons, Iranian nukes, Russian invasion of Ukraine, and the official explanation by the US government for the destruction of Libya.  If a person doubts official explanations such as these, that person is a “conspiracy theorist.”  

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FBI To Step Up Monitoring of Social Media

In Wake of El Paso, Dayton Agency to “US-Based Domestic Violent Extremists, Perpetrators of Hate Crimes”

In the aftermath of the Dayton and El Paso mass shootings the Federal Bureau of Investigation will be looking to social media more and more in what it claims is a drive to prevent mass shootings before they occur.

“Authorities are looking at social media channels like 8chan in an effort to stop future mass shootings,” CBS News reports.

They said many attackers are inspired online with message boards and social media giving attackers the platform they seek.

“The attack in El Paso, Texas, underscores the continued threat posed by domestic violent extremists and perpetrators of hate crimes,” the FBI states in an August 4 press release, requesting the

American public to report to law enforcement any suspicious activity that is observed either in person or online.

“Many shooters spend almost two years planning their attack … Usually it’s a desire for some omnipotent control, even if its just momentary,” FBI agent Andres Simmons tells CBS News. “And there’s also a degree of desire for infamy and notoriety.”

The FBI’s announcement comes less than one week after Yahoo News reported on a Phoenix FBI Field Office Memo stating that those circulating “anti-government, identity-based and fringe political conspiracy theories” online are worthy of intensified law enforcement scrutiny because they “very likely motivate some domestic extremists to commit criminal, sometimes violent activity.”

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FBI: Conspiracy Theories Are Now A Domestic Terrorism Threat

Tyler Durden
Zerohedge
(August 1, 2019)

Do you believe in an elite cabal of untouchable oligarchs guiding the course of history via false flags, perpetual war, and covertly funded militant groups? Do you share these beliefs online?

You might just be engaging in domestic terrorism according to the FBI.

A May 30 intelligence bulletin posted by the bureau’s Phoenix field office describes “conspiracy theory-driven domestic extremists” as a growing threat, reports Yahoo News.

Does the Trump-Russia conspiracy theory peddled by leading Democrats and amplified by the MSM for over two straight years count?

Apparently not, as the document singles out QAnon – “a shadowy network that believes in a deep state conspiracy against President Trump, and Pizzagate, the theory that a pedophile ring including Clinton associates was being run out of the basement of a Washington, D.C., pizza restaurant (which didn’t actually have a basement),” according to the report.

(Except they do according to a quote from the owner, James Alefantis, in this 2015 Metro Weekly article)

The report points to the case of Edgar Maddison Welch, who opened fire in the Comet Ping Pong pizza restaurant at the center of Pizzagate. Welch, who worked for his father’s film company – “Forever Young Productions” – walked through the door with an AR-15, “shot off the lock to an inside door, sending a bullet into a computer tower,” and told authorities he was there to ‘rescue children‘ (by shooting at a door they might be behind) according to the Washington Post.

“The FBI assesses these conspiracy theories very likely will emerge, spread, and evolve in the modern information marketplace, occasionally driving both groups and individual extremists to carry out criminal or violent acts,” reads the FBI document, which adds that conspiracy theory-driven extremism is likely to increase during the 2020 presidential election cycle.

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Thank You For Helping to Defend the First Amendment

We Need Your Continued Support

In 2016 James Tracy and the Florida Civil Rights Coalition (FCRC) filed a federal lawsuit against Florida Atlantic University (FAU) for its unlawful termination of Tracy’s tenured professorship of 14 years.

Professor James Tracy Florida Atlantic University 2015 Faculty Profile. Source: WebArchive

The essence of the case revolves around the fact that FAU trustees and administrators disapproved of Tracy’s political views, expressed on his personal blog. They therefore utilized an unconstitutional prior restraint (“Outside Employment Policy”) barring Professor Tracy’s right to free speech as the basis for his dismissal. Moreover, to this day these very officials continue to use the same policy to limit university faculty and employee expression.

In 2017 a hostile court dismissed most of TracyvFAU’s First Amendment claims, ruling in favor of FAU and its administrators, and barring crucial evidence in advance of the case ever going to a jury.

Anticipating such a setback, the FCRC successfully engaged a prominent national law firm which, recognizing the case’s  significance, brought the lower court ruling before the Eleventh Circuit Court of Appeals.

In June 2019 the Eleventh Circuit’s panel of judges granted the case oral argument. Such a hearing is less-than-common at the federal appellate level. TracyvFAU is scheduled to be heard the morning of September 19, 2019 at the Elbert P. Tuttle US Court of Appeals Building in Atlanta Georgia. We are uncertain of the judicial outcome, but are grateful that the case is under review at this momentous level.

The James Tracy Legal Defense Fund wants to thank all of you for your moral and/or monetary support along the way. Because we have taken on a state agency with unlimited resources, there is no way we could have endured this fight for over three long years without you.

Yet our work is not finished.

Continue reading Thank You For Helping to Defend the First Amendment

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