The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old August 23, 2012, 04:21 PM   #1
pnac
Senior Member
 
Join Date: September 7, 2008
Posts: 550
Judge orders release of Marine veteran

The ex-Marine that was sent to a psychiatric hospital for posts on facebook is ordered released by a circuit court in Hopewell, VA. today. Judge says his civil rights were violated. I smell multiple lawsuits coming!

Putting someone in the psych ward for speaking out sounds like the Soviet Union, is this what "free speech" is supposed to be?

http://wtvr.com/2012/08/23/brandon-r...veteran-freed/
__________________
In my hour of darkness
In my time of need
Oh Lord grant me vision
Oh Lord grant me speed - Gram Parsons
pnac is offline  
Old August 23, 2012, 04:23 PM   #2
jmortimer
Junior member
 
Join Date: January 24, 2010
Location: South West Riverside County California
Posts: 2,763
Good news
jmortimer is offline  
Old August 23, 2012, 07:21 PM   #3
Eghad
Senior Member
 
Join Date: May 28, 2005
Location: Texas
Posts: 6,231
I quickly skimmed over the piece. I see nowhere where he advocated the use of force verbally to overthrow the government. He said take our republic back. From his blog he was implying by legal means not by use of arms. I don't agree with his 9/11 jibberjaba but saw no reason for the FBI to what it did just from the blog. Which leads to the question is there something we don't know about?
__________________
Have a nice day at the range

NRA Life Member
Eghad is offline  
Old August 23, 2012, 07:24 PM   #4
BGutzman
Senior Member
 
Join Date: December 4, 2009
Location: Frozen Tundra
Posts: 2,414
The fact that this occured at all is disturbing. We cant throw people we disagree with or even agree with in the looney bin for simple speech alone.
__________________
Molon Labe
BGutzman is offline  
Old August 23, 2012, 08:47 PM   #5
TheKlawMan
Junior member
 
Join Date: June 23, 2009
Location: Orange County, CA
Posts: 2,149
Without knowing what went on during he FBI interview, it is impossible to evaluate whether he should have been taken into custody and hauled off to the psych ward.
TheKlawMan is offline  
Old August 23, 2012, 08:53 PM   #6
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
Thought crime.

Take note, those of you who make fun of us tin-foil hat wearers.
Aguila Blanca is offline  
Old August 23, 2012, 09:03 PM   #7
pnac
Senior Member
 
Join Date: September 7, 2008
Posts: 550
Quote:
Without knowing what went on during he FBI interview, it is impossible to evaluate whether he should have been taken into custody and hauled off to the psych ward.
Apparently nothing worth documenting.

Here's an article about what has happened so far:

https://www.rutherford.org/publicati...t_who_could_be
__________________
In my hour of darkness
In my time of need
Oh Lord grant me vision
Oh Lord grant me speed - Gram Parsons
pnac is offline  
Old August 23, 2012, 09:35 PM   #8
CowTowner
Senior Member
 
Join Date: October 17, 2007
Location: Cowtown of course!
Posts: 1,747
Quote:
Take note, those of you who make fun of us tin-foil hat wearers.
Mine's aluminum foil with the shiny side out.
__________________
NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor
“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy
CowTowner is offline  
Old August 23, 2012, 10:07 PM   #9
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,057
Quote:
Thought crime.
We don't have enough information to say that. We have one side of the story, which may be selective or redacted.

I'll wait until court documents are released before jumping to conclusions.
__________________
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
Tom Servo is offline  
Old August 23, 2012, 10:28 PM   #10
TheKlawMan
Junior member
 
Join Date: June 23, 2009
Location: Orange County, CA
Posts: 2,149
Tom has it right. His visit to the looney bin may be under codes existing in every state for observation of persons deemed an imminent danger to themselves or others.

Last edited by TheKlawMan; August 24, 2012 at 12:23 AM.
TheKlawMan is offline  
Old August 23, 2012, 11:24 PM   #11
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
We seem to lack some information.

The judge, who theoretically has heard both sides, does not seem to believe the detention was justified, nor that the Feds nor state showed any reasonable cause whatsoever.
MLeake is offline  
Old August 24, 2012, 12:29 AM   #12
TheKlawMan
Junior member
 
Join Date: June 23, 2009
Location: Orange County, CA
Posts: 2,149
The judge did not rule that the detention was or was not justied per se, but that the affidavit was void of facts justifying the same.

Whether facts existed that would have justified the issuance of an arrest warrant was not before the court. They probably did not exist, else they would have been included but it could simply be a poorly drafted application for a warrant.

Added by edit: As I guessed, his arrest wasn't for a crime, per se, but for psychiatric evaluation. https://www.rutherford.org/publicati...t_who_could_be

The order involved wasn't an arrest warrant but an order committing him to 30 days for phsych eval. The problem was that he had been held for days based on probable cause before the order issued and the same law only permits 4 hours of incarceration for evaluation without such an order.

I agree that this is an awesome power that needs to be carefully regulated by the courts. Virginia's 4 hour limit is much better imo than states that permit observation without court authorization for as much as 3 days.

This has nothing to do with whether or not Raub commited a crime.

Last edited by TheKlawMan; August 24, 2012 at 02:03 AM.
TheKlawMan is offline  
Old August 24, 2012, 02:54 AM   #13
Ben Towe
Senior Member
 
Join Date: March 6, 2009
Location: Middle Tennessee
Posts: 1,128
Quote:
The ex-Marine
No such thing.



Sent from my DROID RAZR using Tapatalk 2
Ben Towe is offline  
Old August 24, 2012, 03:18 AM   #14
youngunz4life
Senior Member
 
Join Date: November 15, 2010
Location: United States of America
Posts: 1,877
once a marine always a marine

however, I believe he can be held up to 72hrs for health reasons(speaking of engaging in rebellions as an example if it is possible he can harm others to say the least). therefore, he might've been released, but his rights might not have been violated.
__________________
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864
youngunz4life is offline  
Old August 24, 2012, 09:58 AM   #15
PigFarmer
Member
 
Join Date: August 24, 2011
Location: Texas
Posts: 97
But have they now made it so that he falls into the "mentally ill" class of prohibited persons? Will he be able to obtain a fire arm if he walked into his local LGS and tried to purchase one today?

Even if he was able to be detained for evaluation, have they inadvertently stepped on some of his other rights? And if so is there any recourse?
__________________
I don't like when government decides to legislate good ideas -- Brian Pfleuger
PigFarmer is offline  
Old August 24, 2012, 10:05 AM   #16
ScottRiqui
Senior Member
 
Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
Reading the directions for ATF Form 4473, it sounds like he can still honestly answer "no" to question 11. The instructions specifically say that being remanded to a mental institution for observation isn't the same as being "committed", and there's even a specific exemption that says that being committed by an agency of the federal government (as opposed to being committed by the court system) doesn't make you a prohibited person after you've been released or the agency decides not to pursue the committal.

Last edited by ScottRiqui; August 24, 2012 at 10:08 AM. Reason: typo
ScottRiqui is offline  
Old August 24, 2012, 10:06 AM   #17
PigFarmer
Member
 
Join Date: August 24, 2011
Location: Texas
Posts: 97
Thanks Scott.
__________________
I don't like when government decides to legislate good ideas -- Brian Pfleuger
PigFarmer is offline  
Old August 24, 2012, 01:57 PM   #18
pnac
Senior Member
 
Join Date: September 7, 2008
Posts: 550
Quote:
Quote:
The ex-Marine
Quote:
No such thing.
I agree. I guess he was "a Marine no longer in uniform that dared to speak out". Anyway, he got the Soviet-style psych ward treatment for speaking his mind.
__________________
In my hour of darkness
In my time of need
Oh Lord grant me vision
Oh Lord grant me speed - Gram Parsons
pnac is offline  
Old August 24, 2012, 06:34 PM   #19
ltc444
Senior Member
 
Join Date: March 3, 2011
Location: Vernon AZ
Posts: 1,195
For those of you who do not know or do not remember, big Sis authored a memo stating that ex military were the greatest terrorist threat to the US.

http://americaswatchtower.com/2009/0...rorist-threat/

Not a big fan of the Watch Tower but it is a good read.

Apparently, Janet is not the only member of the administration that believes that we pose a threat.
ltc444 is offline  
Old August 24, 2012, 07:00 PM   #20
johnbt
Senior Member
 
Join Date: December 6, 1999
Location: Richmond, Virginia USA
Posts: 6,004
Iirc, the Virginia Supreme Court report I read a month ago said that the state issued about 6000 green warrants in 2011. That's the number of people picked up, not the number that had a hearing within 72 hours and were sent for more evaluation like Mr. Raub.

If you would like to know the regulations in your state, click on this link and then use the drop-down box on the right side to find your state.

http://www.treatmentadvocacycenter.o...-in-your-state

From a local tv station, a quote from someone who worked with him overseas:

"In a recent article, the Richmond-Times Dispatch quotes Sean Lawlor -- a vet who says he was Raub's platoon commander in Iraq, as saying quote:

"knowing the man that he is, I believe that he fully intended to act on the threats he was posting.""

http://www.nbc12.com/story/19347360/...aring-thursday
johnbt is offline  
Old August 24, 2012, 08:01 PM   #21
Patriot86
Senior Member
 
Join Date: December 23, 2010
Location: Chicagoland
Posts: 1,293
I have seen enough of the Psychiatric profession over the years to know they can and will commit anyone who they deem a "threat" no matter how shaky the grounds.

As a gun owner and someone who does not share the opinions of the current administration this is very chilling, expressing ones beliefs is now punishable by detainment.

All they need to do in some states is find some pencil neck bureaucrat with a grudge and WHAM your "detained". Thank god this guy got the attention of civil rights groups or he would probably be committed for a minimum of another 30 days.
But again, all that same bureaucrat needs to do is recommend that a detention continue and few judges will go against it.

Suddenly all those guys talking about FEMA camps don't seem so paranoid do they?
Patriot86 is offline  
Old August 24, 2012, 08:49 PM   #22
pnac
Senior Member
 
Join Date: September 7, 2008
Posts: 550
Quote:
From a local tv station, a quote from someone who worked with him overseas:

"In a recent article, the Richmond-Times Dispatch quotes Sean Lawlor -- a vet who says he was Raub's platoon commander in Iraq, as saying quote:

"knowing the man that he is, I believe that he fully intended to act on the threats he was posting.""

http://www.nbc12.com/story/19347360/...aring-thursday
Threats? I must have missed the part where he made threats.
__________________
In my hour of darkness
In my time of need
Oh Lord grant me vision
Oh Lord grant me speed - Gram Parsons
pnac is offline  
Old August 25, 2012, 07:22 PM   #23
Webleymkv
Senior Member
 
Join Date: July 20, 2005
Location: Indiana
Posts: 10,435
For those interested, this is what Mr. Raub posted that caused all the hubub:

http://wtvr.com/2012/08/21/full-text...republic-back/

I'm not seeing any "terroristic threats" in that, but as Tom Servo pointed out there may be more information yet to be revealed.
Webleymkv is offline  
Old August 25, 2012, 08:55 PM   #24
CowTowner
Senior Member
 
Join Date: October 17, 2007
Location: Cowtown of course!
Posts: 1,747
I too failed to find anything terroristic in nature in the text the link above goes to. Seems to me he was speaking the truth as he sees it. As in, exercising his 1st amendment right.
If there isn't more than this, somebody's on shaky ground. And I don't think it's Mr. Raub.
__________________
NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor
“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy
CowTowner is offline  
Old August 26, 2012, 10:01 PM   #25
Marred
Member
 
Join Date: December 7, 2008
Location: Los Angeles
Posts: 82
They can deprive you of Liberty without due process. The pursuit of happiness is something I'm not even gonna get into, but they can accomplish this without "due process" or better yet "corrupt process".

If this isn't stopped soon and the people that are guilty of depriving this young Marine his freedom are not brought to justice, then what's left? Life?
__________________
Guns don't kill people, the bullets do.
Marred is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 05:33 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.11618 seconds with 10 queries