Green New Deal Reveals the Naked Truth of Agenda 21, by Tom DeWeese

eagle

apclogo600
https://americanpolicy.org/2019/02/25/green-new-deal-reveals-the-naked-truth-of-agenda-21/

25 Feb
Green New Deal Reveals the Naked Truth of Agenda 21
Posted at 13:59h
Environment, Featured, Property Rights, Sustainable Development
by Tom DeWeese

h-15151184-ocasio-1542147296-e1542147448245

Sometimes if you fight hard enough and refuse to back down, no matter the odds, your truth is vindicated and prevails!

For twenty years I have been labeled a conspiracy theorist, scaremonger, extremist, dangerous, nut case. I’ve been denied access to stages, major news programs, and awarded tin foil hats. All because I have worked to expose Agenda 21 and its policy of sustainable development as a danger to our property rights, economic system, and culture of freedom.

From its inception in 1992 at the United Nation’s Earth Summit, 50,000 delegates, heads of state, diplomats and Non-governmental organizations (NGOs) hailed Agenda 21 as the “comprehensive blueprint for the reorganization of human society.” The 350-page, 40 chapter, Agenda 21 document was quite detailed and explicit in its purpose and goals. They warned us that the reorganization would be dictated through all-encompassing policies affecting every aspect of our lives, using environmental protection simply as the excuse to pull at our emotions and get us to voluntarily surrender our liberties.

Section I details “Social and Economic Dimensions” of the plan, including redistribution of wealth to eradicate poverty, maintain health through vaccinations and modern medicine, and population control.

105767748-1551385404955preview-1-150x150

To introduce the plan, the Earth Summit Chairman, Maurice Strong boldly proclaimed, “Current lifestyles and consumption patterns of the affluent middle class – involving meat intake, use of fossil fuels, appliances, air-conditioning, and suburban housing – are not sustainable.” Of course, according to the plan, if it’s not “sustainable” it must be stopped.

In support of the plan, David Brower of the Sierra Club (one of the NGO authors of the agenda) said, “Childbearing should be a punishable crime against society, unless the parents hold a government license.” Leading environmental groups advocated that the Earth could only support a maximum of one billion people, leading famed Dr. Jacques Cousteau to declare, “In order to stabilize world populations, we must eliminate 350,000 people per day.”

Section II provides the “Conservation and Management of Resources for Development” by outlining how environmental protection was to be the main weapon, including global protection of the atmosphere, land, mountains, oceans, and fresh waters – all under the control of the United Nations.

To achieve such global control to save the planet, it is necessary to eliminate national sovereignty and independent nations. Eliminating national borders quickly led to the excuse for openly allowing the “natural migration” of peoples. The UN Commission on Global Governance clearly outlined the goal for global control stating, “The concept of national sovereignty has been immutable, indeed a sacred principle of international relations. It is a principle which will yield only slowly and reluctantly to the new imperatives of global environmental cooperation.” That pretty much explains why the supporters of such a goal go a little off the rails when a presidential candidate makes his campaign slogan “Make America Great Again.”

rep-alexandria-ocasio-cortez-speaks-as-other-house-news-photo-11

The main weapon for the Agenda was the threat of Environmental Armageddon, particularly manifested through the charge of man-made global warming, later to conveniently become “climate change.” It didn’t matter if true science refused to cooperate in this scheme as actual global temperatures really are not rising and there continues to be no evidence of any man-made affect on the climate. Truth hasn’t been important to the scare mongers. Timothy Wirth, President of the UN Foundation said, “We’ve got to ride this global warming issue. Even if the theory of global warming is wrong, we will be doing the right thing in terms of economic and environmental policy.” To further drive home their complete lack of concern for truth, Paul Watson of Green Peace declared, “It doesn’t matter what is true, it only matters what people believe is true.”

So in their zealotry to enforce the grand agenda, social justice became the “moral force” over the rule of law as free enterprise, private property, rural communities and individual consumption habits became the targets, labeled as racist and a social injustice. Such established institutions and free market economics were seen as obstructions to the plan, as were traditional family units, religion, and those who were able to live independently in rural areas.

Finally, Agenda 21 was summed up in supporting documents this way: “Effective execution of Agenda 21 will require a profound reorientation of all human society, unlike anything the world has ever experienced. It requires a major shift in the priorities of both governments and individuals, and an unprecedented redeployment of human and financial resources. This shift will demand that a concern for the environmental consequences of every human action be integrated into individual and collective decision-making at every level.”

Of course, such harsh terms had to be hidden from the American people if the plan was to be successfully imposed. They called it a “suggestion” for “voluntary” action – just in case a nation or community wanted to do something positive for mankind! However, while using such innocent-sounding language, the Agenda 21 shock troops lost no time pushing it into government policy. In 1992, just after its introduction at the Earth Summit, Nancy Pelosi introduced a resolution of support for the plan into Congress. It’s interesting to note that she boldly called it a “comprehensive blueprint for the reorganization of human society.” In 1993, new President, Bill Clinton ordered the establishment of the President’s Council for Sustainable Development, with the express purpose of enforcing the Agenda 21 blueprint into nearly every agency of the federal government to assure it became the law of the land. Then the American Planning Association issued a newsletter in 1994, supporting Agenda 21’s ideas as a “comprehensive blueprint” for local planning. So much for a voluntary idea!

However, as we, the opponents started to gain some ground in exposing its true purpose and citizens began to storm city halls protesting local implementation, suddenly the once proud proponents lost their collective memories about Agenda 21. Never heard of it! “There are no blue-helmeted troops at city hall,” said one proponent, meaning policies being used to impose it were not UN driven, but just “local, local, local”. “Oh, you mean that innocuous 20 year-old document that has no enforcement capability? This isn’t that!” These were the excuses that rained down on us from the planners, NGOs and government agents as they scrambled to hide their true intentions.

I was attacked on the front page of the New York Times Sunday paper under the headline, “Activists Fight Green Projects, Seeing U.N. Plot.” The Southern Poverty Law Center (SPLC) produced four separate reports on my efforts to stop it, calling our efforts an “Antigovernment Right-Wing Conspiracy Theory.” The Atlantic magazine ran a story entitled, “Is the UN Using Bike Paths to Achieve World Domination?” Attack articles appeared in the Washington Post, Esquire magazine, Wingnut Watch, Mother Jones, and Tree Hugger.com to name a few. All focused on labeling our opposition as tin-foil-hat-wearing nut jobs. Meanwhile, an alarmed American Planning Association (APA) created an “Agenda 21: Myths and Facts page on its web site to supposedly counter our claims. APA then organized a “Boot Camp” to retrain its planners to deal with us, using a “Glossary for the Public,” teaching them new ways to talk about planning. Said the opening line of the Glossary, “Given the heightened scrutiny of planners by some members of the public, what is said – or not said – is especially important in building support for planning.” The Glossary went on to list words not to use like “Public Visioning,” “Stakeholders,” “Density,” and “Smart Growth,” because such words make the “Critics see red”.

Local elected officials, backed by NGO groups and planners, began to deride local activists – sometimes denying them access to speak at public meetings, telling them that Agenda 21 conspiracy theory has “been debunked”. Most recently an irate city councilman answered a citizen who claimed local planning was part of Agenda 21 by saying “this is what’s “trending.” So, of course, if everyone is doing it is must be right!

Such has been our fight to stop this assault on our culture and Constitutional rights.

Over the years, since the introduction of Agenda 21 in 1992, the United Nations has created several companion updates to the original documents. This practice serves two purposes. One is to provide more detail on how the plan is to be implemented. The second is to excite its global activists with a new rallying cry. In 2000, the UN held the Millennium Summit, launching the Millennium Project featuring eight goals for global sustainability to be reached by 2015. Then, when those goals were not achieved, the UN held another summit in New York City in September of 2015, this time outlining 17 goals to be reached by 2030. This document became known as the 2030 Agenda, containing the exact same goals as were first outlined in Agenda 21in 1992, and then again in 2000, only with each new incarnation offering more explicit direction for completion.

Enter the Green New Deal, representing the boldest tactic yet. The origins and the purpose of the Green New Deal couldn’t be more transparent. The forces behind Agenda 21 and its goal of reorganizing human society have become both impatient and scared. Impatient that 27 years after Agenda 21 was introduced, and after hundreds of meetings, planning sessions, massive propaganda, and billions of dollars spent, the plan still is not fully in place. Scared because people around the world are starting to learn its true purpose and opposition is beginning to grow.

So the forces behind the Agenda have boldly thrown off their cloaking devices and their innocent sounding arguments that they just want to protect the environment and make a better life for us all. Instead, they are now openly revealing that their goal is socialism and global control, just as I’ve been warning about for these past twenty years. Now they are determined to take congressional action to finally make it the law of the land.

Take a good look, those of you who have heard my warnings about Agenda 21 over the years. Do you see the plan I have warned about being fully in place in this Green New Deal?

I warned that Agenda 21 would control every aspect of our lives, including how and were we live, the jobs we have, the mode of transportation available to us, and even what we eat. The Green New Deal is a tax on everything we do, make, wear, eat, drink, drive, import, export and even breathe.
In opposing Smart Growth plans in your local community, I said the main goal was to eliminate cars, to be replaced with bikes, walking, and light rail trains. The Green New Deal calls for the elimination of the internal combustion engine. Stay alert. The next step will be to put a ban on the sale of new combustion engines by a specific date and then limiting the number of new vehicles to be sold. Bans on commercial truck shipping will follow. Then they will turn to airplanes, reducing their use. Always higher and higher taxes will be used to get the public to “voluntarily” reduce their use of such personal transportation choices. That’s how it works, slowly but steadily towards the goal.
I warned that under Smart Growth programs now taking over every city in the nation that single-family homes are a target for elimination, to be replaced by high-rise stack and pack apartments in the name of reducing energy use. That will include curfews on carbon heating systems, mandating they be turned off during certain hours. Heating oil devises will become illegal. Gradually, energy use of any kind will be continually reduced. The Green New Deal calls for government control of every single home, office and factory to tear down or retrofit them to comply with massive environmental energy regulations.
I warned that Agenda 21 Sustainable policy sought to drive those in rural areas off the farms and into the cities where they could be better controlled. Those in the cities will be ordered to convert their gardens into food producers. Most recently I warned that the beef industry is a direct target for elimination. It will start with mandatory decreases in meat consumption until it disappears form our daily diet. The consumption of dairy will follow. Since the revelation of the Green New Deal the national debate is now over cattle emissions of methane and the drive to eliminate them from the planet. Controlling what we eat is a major part of the Green New Deal.
I warned that part of the plan for Agenda 2030 was “Zero Economic Growth.” The Green New Deal calls for a massive welfare plan where no one earns more than anyone else. Incentive to get ahead is dead. New inventions would disrupt their plan for a well-organized, controlled society. So, where will jobs come from after we have banned most manufacturing, shut down most stores, stopped single-family home construction, closed the airline industry, and severely regulated farms and the entire food industry? This is their answer to the hated free markets and individual choice.

The Green New Deal will destroy the very concept of our Constitutional Republic, eliminating private property, locally elected representative government, free markets and individual freedom. All decisions in our lives will be made for us by the government – just to protect the environment of course. They haven’t forgotten how well that scheme works to keep the masses under control.

Cortez

Though the label “Green New Deal” has been passing around globalist circles for a while, it’s interesting that its leaders have now handed it to a naïve, inexperienced little girl from New York who suddenly found herself rise from bartending to a national media sensation, almost over night. That doesn’t just happen and there is no miracle here. Alexandria Ocasio-Cortez is a created product. They probably needed her inexperienced enthusiasm to deliver the Green New Deal because no established politician would touch it. Now that it’s been introduced and she is set up to take the heat, the gates have swung open allowing forty-five members of Congress to co-sponsor it in the House of Representatives as established Senator Ed. Markey (D-MA) has sponsored it in the Senate. That doesn’t just happen either. Nothing has been left to chance.

Behind the sudden excitement and rush to support it are three radical groups each having direct ties to George Soros, including the Sunrise Movement – which markets itself as an “army of young people” seeking to make climate change a major priority. Justice Democrats – which finds and recruits progressive candidates, and New Consensus – organized to change how we think about issues. Leaders of these groups have connections with other Soros-backed movements including Black Lives Matter and Occupy Wall Street. According to The New Yorker magazine, the plan was written over a single weekend in December, 2018. Ocasio-Cortez was included in the effort, chosen to introduce it. This may be the single reason why she was able to appear out of nowhere to become the new darling of the radical left.

So there you have it — Agenda 21, the Millennium Project, Agenda 2030, the Green New Deal. Progress in the world of Progressives! They warned us from the beginning that their plan was the “comprehensive blueprint for the reorganization of human society”. And so it is to be the total destruction of our way of life.

To all of those elected officials, local, state and federal, who have smirked at we who have tried to sound the alarm, look around you now, hot shots! You have denied, ignored, and yet, helped put these very plans into place. Are you prepared to accept what you have done? Will you allow your own homes and offices to be torn down – or will you be exempt as part of the elite or just useful idiots? Will you have to give up your car and ride your bike to work? Or is that just for we peasants?

Over these years you have listened to the Sierra Club, the Nature Conservancy, the World Wildlife Fund, ICLEI, the American Planning Association, and many more, as they assured you their plans were just environmental protection, just good policy for future generations. They have been lying to you to fulfill their own agenda! Well, now the truth is right in front of you. There is no question of who and what is behind this. And no doubt as to what the final result will be.

Now, our elected leaders have to ask real questions. As the Green New Deal is implemented, and all energy except worthless, unworkable wind and solar are put into place, are you ready for the energy curfews that you will be forced to impose, perhaps each night as the sun fades, forcing factories, restaurants, hospitals, and stores to close at dusk? How about all those folks forced to live in the stack and pack high-rises when the elevators don’t operate? What if they have an emergency?

How much energy will it take to rebuild those buildings that must be destroyed or retrofitted to maker them environmentally correct for your brave new world? Where will it come from after you have banned and destroyed all the workable sources of real energy? What are you counting on to provide you with food, shelter, and the ability to travel so you can continue to push this poison? Because – this is what’s trending — now! And how is it going to be financed when the entire economy crashes under its weight? Is it really the future you want for you, your family, and your constituents who elected you?

Every industry under attack by this lunacy should now join our efforts to stop it. Cattlemen, farmers, airlines, the auto industry, realtors, tourist industry, and many more, all will be put out of business – all should now take bold action to immediately kill this plan before it kills your industry. Stomp it so deeply into the ground that no politician will ever dare think about resurrecting it.

For years I’ve watched politicians smirk, roll their eyes, and sigh whenever the words Agenda 21 were uttered. As George Orwell said, “The further a society drifts from the truth the more it will hate those who speak it”. Today I stand vindicated in my warnings of where Agenda 21 was truly headed, because it’s not longer me having to reveal the threat. They are telling you themselves. Here’s the naked truth – Socialism is for the stupid. The Green New Deal is pure Socialism. How far its perpetrators get in enforcing it depends entirely on how hard you are willing to fight for freedom. Kill it now or watch freedom die.
Share

Pay Attention! Look at the money trail AFTER the foreclosure sale, by Neil Garfield

Pay Attention! Look at the money trail AFTER the foreclosure sale
Posted on July 3, 2018 by Neil Garfield
https://livinglies.wordpress.com/2018/07/03/pay-attention-look-at-the-money-trail-after-the-foreclosure-sale/

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt.

It has long been obvious to me that the money trail is separated from the paper trail practically “at birth” (origination). It is an obvious fact that the owner of the debt is always someone different than the party seeking foreclosure, the alleged servicer of the debt, the alleged trust, and the alleged trustee for a nonexistent trust. When you peek beneath the hood of this scam, you can see it for yourself.

Real case in point: BONY appears as purported trustee of a purported trust. Who did that? The lawyers, not BONY. The foreclosure is allowed and the foreclosure sale takes place. The winning “bid” for the property is $230k.

Here is where it gets real interesting. The check is sent to BONY who supposedly is acting on behalf of the trust, right. Wrong. BONY is acting on behalf of Chase and Bayview loan servicing. How do we know? Because physical possession of the check made payable to BONY was forwarded to Chase, Bayview or both of them. How do we know that? Because Chase and Bayview both endorsed the check made out to BONY depositing the check for credit in a bank account probably at Chase in the name of Bayview.

OK so we have the check made out to BONY and TWO endorsements — one by Chase and one by Bayview supposedly — and then an account number that might be a Chase account and might be a Bayview account — or, it might be some other account altogether. So the question who actually received the $230k in an account controlled by them and then, what did they do with it. I suspect that even after the check was deposited “somewhere” that money was forwarded to still other entities or even people.

The bid was $230k and the check was made payable to BONY. But the fact that it wasn’t deposited into any BONY account much less a BONY trust account corroborates what I have been saying for 12 years — that there is no bank account for the trust and the trust does not exist. If the trust existed the handling of the money would look very different OR the participants would be going to jail.

And that means NOW you have evidence that this is the case since BONY obviously refused to do anything with the check, financially, and instead just forwarded it to either Chase or Bayview or perhaps both, using copies and processing through Check 21.

What does this mean? It means that the use of the BONY name was a sham, since the trust didn’t exist, no trust account existed, no assets had ever been entrusted to BONY as trustee and when they received the check they forwarded it to the parties who were pulling the strings even if they too were neither servicers nor owners of the debt.

Even if the trust did exist and there really was a trust officer and there really was a bank account in the name of the trust, BONY failed to treat it as a trust asset.

So either BONY was directly committing breach of fiduciary duty and theft against the alleged trust and the alleged trust beneficiaries OR BONY was complying with the terms of their contract with Chase to rent the BONY name to facilitate the illusion of a trust and to have their name used in foreclosures (as long as they were protected by indemnification by Chase who would pay for any sanctions or judgments against BONY if the case went sideways for them).

That means the foreclosure judgment and sale should be vacated. A nonexistent party cannot receive a remedy, judicially or non-judicially. The assertions made on behalf of the named foreclosing party (the trust represented by BONY “As trustee”) were patently false — unless these entities come up with more fabricated paperwork showing a last minute transfer “from the trust” to Chase, Bayview or both.

The foreclosure is ripe for attack.

Spread the word

Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment, Upholds Pleading The Fifth

May 30, 2018 @ 02:02 PM 23,367
2 Free Issues of Forbes
Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment, Upholds Pleading The Fifth
https://www.forbes.com/sites/instituteforjustice/2018/05/30/iowa-supreme-court-rules-civil-forfeiture-laws-violate-fifth-amendment-upholds-pleading-the-fifth/#3d1978161655

Institute For Justice
We are the national law firm for liberty.
Opinions expressed by Forbes Contributors are their own.
Nick Sibilla Nick Sibilla , Contributor

The Iowa Supreme Court struck a blow on Friday against the state’s civil forfeiture laws, which allow the government to permanently confiscate property without ever filing criminal charges. In a unanimous, 33-page ruling, the court strengthened the constitutional protection against self-incrimination for owners fighting civil forfeiture, revived a motion to suppress evidence, and rejected a tactic commonly used by prosecutors to prevent owners from being awarded thousands of dollars in attorney’s fees.

Iowa has been a surprising hot spot for civil forfeiture, ensnaring motorists, professional poker players, and an entrepreneur who ran a Mexican restaurant for almost four decades. The state even rewards the aggressive pursuit of forfeiture cases: Police and prosecutors can keep up to 100 percent of the proceeds from forfeited property. Little wonder then that forfeiture has become quite profitable for law enforcement. An investigation by the Des Moines Register revealed that Iowa law enforcement agencies had taken over $55 million in cash and more than 4,200 vehicles since 1985.

Spurred by these abuses, last year, Iowa legislators strengthened due process protections for innocent owners, and required a criminal conviction to forfeit property valued at under $5,000. Although Iowa’s conviction threshold is the lowest of the 15 states with a conviction requirement, in 2015, data analysis by the Institute for Justice found that only 14 percent of Iowa’s cash forfeitures topped $5,000. Friday’s ruling should further curtail civil forfeiture.

The case began when Jean Carlos Herrera was driving from New York City to Los Angeles in September 2015. While Herrera was passing through Pottawattamie County, Iowa on Interstate 80, he was pulled over by Sergeant Kevin Killpack for going four miles over the speed limit. During the stop, a drug dog alerted to the car. Without Herrera’s consent, Killpack searched the Expedition, but only found some tools, a cell phone, a hollowed-out ice cream machine, and a Pelican case that “contained drug paraphernalia and remnants of marijuana.” No other drugs were found.

Killpack cited Herrera for speeding but never charged him with a crime. Yet that didn’t stop the sergeant from seizing the car, a 1999 Ford Expedition registered to Herrera’s friend, Fernando Rodriguez, and all the equipment inside.

Less than a week after the Expedition was seized, Rodriguez hired an attorney, who promptly emailed Pottawattamie County that Rodriguez was fighting back as an “innocent owner.” Rodriguez’s attorney also noted that under Iowa law, the government must pay attorney’s fees to property owners who win their civil forfeiture cases. He also noted that “the fees are going to be greater than the vehicle value, so this might be one to let go.”

Soon after, Sergeant Killpack applied for a warrant to search possible hidden compartments within the vehicle, based on the fact that Rodriguez had hired an attorney. According to Killpack, “it does not make financial sense to spend a significant amount of money, in attorney fees, in an attempt to reclaim a vehicle worth $2,132,” which in his mind meant that “there is something much more valuable still inside the vehicle that has not been found by law enforcement in the initial search.”

A district court granted the warrant, though, as the Iowa Supreme Court noted on Friday, Killpack’s warrant application “failed to mention that Rodriguez had argued he was entitled to attorney fees from the State as an innocent owner.” On his second search, Killpack found and seized almost $45,000 in cash hidden inside a false compartment.

In October, prosecutors filed a complaint to forfeit the cash, the car, and the rest of the property taken during the traffic stop, claiming that the property was “drug proceeds” or “used in the transport of drugs.”

The two men (who were now represented by the same lawyer) filed an answer together that stated they had an interest in the seized properties and demanded their return. Herrera also invoked the Fifth Amendment and refused to completely comply with the state’s disclosure requirements.

Under state law, property owners who want to reclaim their seized property must fully disclose “the nature and extent” of their interest in the property, as well as “the date, the identity of the transferor, the circumstances of the claimant’s acquisition.” Refusing to comply can result in the property forfeited to the state. Yet those forced disclosures may reveal information that could incriminate the owner or trigger a perjury trap, which would violate the Fifth Amendment.

Writing for the majority, Justice Thomas Waterman noted that Iowa’s forfeiture laws burden owners with a “difficult choice between asserting [their] privilege against self-incrimination or foregoing [their] claim for return of the contested property.”

As Waterman recounted, Herrera omitting that information was “fatal to his claim:” The district court ruled that Herrera’s reply was not a proper answer and so he was not entitled to a forfeiture hearing.

But on appeal, the Iowa Supreme Court overturned that ruling, and held that “assertion of the Fifth Amendment privilege against self-incrimination excuses compliance” from Iowa’s disclosure requirements for civil forfeiture claims. “The court may not enforce the specific disclosure requirements…over the claimant’s Fifth Amendment objection,” Waterman ruled.

Friday’s ruling also revived Herrera’s motion to suppress evidence, which the district court had dismissed as well. Both the Iowa Supreme Court and U.S. Supreme Court have ruled that the “exclusionary rule,” which prohibits the government from using evidence that was not lawfully obtained, applies to criminal prosecutions and civil forfeiture proceedings.

In this case, Herrera claimed that the stop, search, and seizure of the car violated the Fourth Amendment and should be suppressed accordingly. Justice Waterman ruled that “the district court must first rule on motions to suppress evidence before resolving forfeiture claims,” since that ruling “determines what evidence the state can rely on during the forfeiture proceeding.”

The court’s ruling should strengthen safeguards for property owners facing civil forfeiture. According to Dean Stowers, who represented Herrera and Rodriguez, “this decision will require the state to establish the legality of the seizure” before the state can attempt “to forfeit property or to compel persons to answer questions about their property.”

A representative from the Iowa Attorney General’s Office said they were “still looking at the possible impact of the ruling” and declined to comment further.

“It appears that we followed the forfeiture rules as they existed at the time, and we argued that the claimants did not follow the rules,” said Pottawattamie County Attorney Matt Wilber. ”The District Court and Court of Appeals agreed with our position. The Iowa Supreme Court has now ordered that they are changing the rules, so we’ll all follow the new rules.”

As for Rodriguez, five months after the state filed its forfeiture complaint, prosecutors decided Rodriguez could get back his Ford Expedition. His attorney then filed to recover nearly $9,000 in attorney’s fees and expenses, which, under Iowa law, are owed to prevailing parties. But because the state dropped its forfeiture case just before a court hearing, the district court ruled that Rodriguez didn’t actually prevail because he didn’t technically win on the merits in court.

Justice Waterman rejected this argument wholesale:

“Rodriguez sought to prevent the State from taking permanent possession of his vehicle. He fulfilled his primary objective of getting his vehicle back after months of contested litigation against the State. On this record, we hold that Rodriguez is a prevailing party even though the district court did not expressly find that he was an ‘innocent owner.’”

Moreover, Waterman noted that fee awards “help level the playing field for persons contesting government seizures,” as they “incentivize attorneys to represent citizens seeking return of their property from the government.”

The Iowa Supreme Court’s ruling contrasts starkly with the U.S. Eighth Circuit Court of Appeals, which covers Iowa. In 2016, the Eighth Circuit considered the case of Carole Hinders, who ran Mrs. Lady’s, a cash-only Mexican restaurant in Arnolds Park, Iowa. Based simply on the way she deposited her cash, in spring 2013, the IRS raided Carole’s entire business checking account—almost $33,000. The IRS accused Carole of “structuring” her deposits, or deliberately keeping her deposits under $10,000 to circumvent a reporting requirement. She was never indicted.

Institute for Justice

Carole Hinders.

With help from the Institute for Justice, Carole fought back. In October 2014, The New York Times ran a front-page story on her case. That prompted the IRS to announce it would “no longer pursue the seizure and forfeiture of funds associated solely with ‘legal source’ structuring cases.” Less than two months after the Times article was published, federal prosecutors dropped the case against Carole’s cash.

Under the federal Civil Asset Forfeiture Reform Act, property owners who “substantially prevail” in their civil forfeiture cases are entitled to interest as well as attorney’s fees and costs. Considering that she recovered her cash and even sparked a policy shift at the IRS, Carole believed she had “substantially prevailed.” Unfortunately, in 2016, the Eighth Circuit ruled that she did not, and instead held that “a voluntary change on the part of a defendant, even if it resulted in the outcome sought by the plaintiff, ‘lack[ed] the necessary judicial imprimatur’ to authorize a fee award.” With this ruling, the Eighth Circuit upheld a loophole for the government to skip out on paying hefty attorney’s fees to innocent property owners.

But with the Iowa Supreme Court’s decision, owners fighting forfeiture in state court now have an easier time to be made whole than if their exact same case were in federal court. One Des Moines-based forfeiture attorney told the Des Moines Register that the new decision should deter the government from seizing property, since prosecutors “risk not only the return of the property but a significant attorney fee as well.”

“The Iowa Supreme Court’s ruling is another potent reminder that the best way to prevent abusive seizures is to end civil forfeiture once and for all,” said Institute for Justice Senior Legislative Counsel Lee McGrath. “Iowa legislators should follow the lead of counterparts in North Carolina, New Mexico and Nebraska and replace it with criminal forfeiture.”

This post has been updated to include comment from the Pottawattamie County Attorney.

Well, ShitFire! It Can’t Be the Radiation from Hanford Causing Anencephaly, to Be 2500% Higher Here Than Anywhere Else on Earth! Hell, There Ain’t Been No Change In Radiation Releases, Can’t Be Cause of Hanford! (Sarcasm Supplied, Mine)

New data shows babies missing brains at 2,500% national rate in county by nuclear site — Mother: Officials “shut me down the minute I mentioned Hanford!… WE NEED ANSWERS!” — Experts: No birth defect is more extreme; It’s the most significant impact of radiation on developing embryos (AUDIO)

Published: November 30th, 2014 at 4:58 pm ET
By

http://enenews.com/79334?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29

“Nothing [is] more extreme than anencephaly” –Dr Michael Grodin, Boston U. School of Medicine

‘Fatal Birth Defects Surge’Dr. Kathy Lofy, Washington Dept.of Health (emphasis added): Anencephaly is a rare birth defect in which the brain and the skull of the baby do not fully form [and is] not compatible with life… The most well known risk factor… is a deficiency in folic acid… that’s one of the possibilities we’re looking into [note that mothers in the birth defect cluster had much higher rates of folic acid consumption than the control group chosen by officials]…Hanford nuclear facility has been one concern of the community. We worked really closely with our radiation experts… who work closely with… Hanford. There have been no recent releases [note how she rephrases this] — no recent CHANGE in radiation releases. We can’t really determine any pathway by which radiation could affect all the women in the 3-county area [note all 3 counties surround Hanford]… We’re working with the doctors to make sure we’re identifying all the cases… It’s very important to figure out the rates.

Dr. Wladimir Wertelecki, MD, (Chair of Medical Genetics at U. of S. Alabama), Dr. Helen Caldicott’s Crisis Without End, Oct 2014: “The most significant negative impact of radiation on a developing embryo includes anencephaly… Two US studiessponsored by the[CDC and published in 1988] sought to determine the… impact of ionizing radiation nearHanfordOne study detected higher neural tube defect rates [e.g. Anencephaly, Spina Bifida] in two counties near the nuclear complex and the other demonstrated higher rates of neural tube defects in parents exposed… to low levels of radiation.”

tricounty

Physicians for Social Responsibility: Hanford documents [reveal] incredible contamination of the environment and exposure of large numbers of citizens to dangerous amountsEight plutonium production reactors dumped a daily average of 50,000 curies of radioactive material into the Columbia... [In 1949] 8,000 curies of iodine-131 were [secretly] released [over] an area o 200 by 40 miles, no warnings were given…  [`400 times TMI’s release of] 15 -24 curiesPSR: Contamination has not and will not stay inside Hanford’s boundaries… Over 300 miles of the Columbia… are threatened… [Fires in] 2000… burned three radioactive waste sites [and] plutonium was detected in nearby communities. — PSR: Hanford is the most contaminated site in the Western Hemisphere… At least 200-square miles of groundwater… is contaminated and migrating to the Columbia.

Nuclear engineer Arnie Gundersen on Nuclear Hotseat, Nov. 12, 2014 (at 34:00 in): Birth defect issues occur in the 2nd [generation after radiation exposure]  — especially the 3rd and 4th.

Washington Anencephaly Investigation, Oct 2014:

CDC 2010 statistics, released 2013: Anencephaly 313 cases; RATE: 0.73 per 10,000 births.

Instead of using the 0.73 rate, officials claim the national rate is 2.1, nearly 3 times  higher. The rate of 2.1 is from a study using data from 2004-2006 that estimates the anencephaly rate, andonly uses data from less than 15 states — unlike the CDC report above which is based on the most current data, uses data from all 50 states, and is not an ‘estimate’.

Nikki Shelton, mother of baby w/ neural tube defect (e.g. Anencephaly, Spina Bifida) 13 mi. from Hanford, Nov 6, 2014: This is not something that is going away… the numbers are increasing. The last teleconference I was in shut me down the minute I mentioned Hanford! … let’s not let the department of health just sweep this under the rug…WE NEED ANSWERS!

Interview with Gundersen here | KUOW broadcast here

Published: November 30th, 2014 at 4:58 pm ET
By
Email Article Email Article
103 comments

Related Posts

  1. Birth defect deaths in West Coast state hit record levels during 2011 — Spiked 60% statewide, then returned to normal in 2012 — New gov’t document lists ‘Fukushima release along west coast of US’ as possible factor in birth defect cluster June 24, 2014
  2. “Worrisome” spike in deadly birth defects around leaking U.S. nuclear site — Officials claim “it could be a complete coincidence” — No news reports mention it’s by the most contaminated area in Western Hemisphere #Hanford July 22, 2013
  3. NBC: ‘Bizarre’ cluster of severe birth defects haunts experts in Pacific Northwest — “I definitely believe something is going on… Maybe it just hit once and blew through” — Officials refused to say how many new cases in 2013 — County on border of most polluted nuclear site in Hemisphere February 18, 2014
  4. Gov’t Report: Over 1,750 navy sailors suffer from ‘ill-defined conditions’ after exposure to Fukushima radiation while aboard USS Reagan — ‘Significant increases’ in male infertility and child birth complications — Dozens have thyroid disorders, many spontaneous abortions — Veteran: ‘Extreme measures’ used to cover this up (AUDIO) August 3, 2014
  5. CNN: “Horrible medical mystery… alarming rate of birth defects” in Washington — Babies missing parts of brain, skull — Mother outraged at gov’t — Nurse: “It’s very scary… absolutely something going on” — Cluster surrounds most polluted US nuclear site, yet never mentioned by media or officials (VIDEO) March 1, 2014

“It Ain’t as Bad As You Think” . ? . It Is As Bad As I Think, and Probably Even Worse

I keep thinking about that.  Being told that it really isn’t as bad as I think.  Hell if it ain’t!

When I was a little girl, we walked to school.  We would get there in the morning, and there would be the morning prayer.  Right after that, we all said I Pledge Allegiance to the Flag, and they played the National Anthem.  I started to school when I was four (4).  By the time I was in fourth grade, it was like the second elementary school.  They did not say the morning prayer, or play the anthem, but by golly, the whole time I was in school, we Pledged Allegiance to the Flag.  We were proud to be Americans.

Now, you get suspended for wearing anything with a flag on it.  The Ten Commandments, Pledge of Allegiance, and anything having to do with our natural heritage is bad.  Christians are bad.  Americans are bad.  Christian Americans must be very, very bad.  And who the hell decided all that?  That is bullshit.  Plain and simple, bullshit.  Since when have other people gone to live in another country, and was allowed to claim they were offended by the customs of that country, and the country changed for the outsiders?  Someone tell me when.  That is bullshit!  Plain and simple bullshit.

Seems like it began several years ago… SuperTarget in our area, told the GoodWill people at Christmas, not to come there any more.  Of course, after that, we never went back to that store, and it closed shortly thereafter.  For some reason, outsiders that had moved to the United States, were offended by Christmas, Nativity scenes, and GoodWill ringing their little bells at Christmas.  Those dedicated, hardworking GoodWill employees, trying to make a difference to others at a very hard time of year.  They never asked anyone for anything.  Just stood, ringing the bell and smiling.  It was tradition.  Christmas trees, nativity scenes, GoodWill.

So, in order to not to offend those, who are not from here, America changed? Bullshit.  I say, if our traditions offends you, you came into this country, you know you can leave the same damned way!  Every time I turn around, someone is explaining that such and such offends them.  Screw it!  I am offended by what people do in other countries, but I don’t move there, then expect them to change their country for me.  That is bullshit.  Plain and simple bullshit.

Now, they tell us that our forefathers were terrorists.  Do what?  So what kind of History lessons are they giving kids now a days?  Speaking of kids.  Since when does the govt. have balls enough to tell parents what they are or not going to feed their kids for lunch during school?  The other thing about kids, is that they belong to the community, not their parents?  Bullshit!  Plain and simple bullshit!  And these idiots put up with that?  I sure as hell am glad that my Mama was who she was.  She would have not only told them what horse to get on, she would have had them direct that horse, on out of the country.  And my Daddy, lo and behold, I am glad that he is not here to see this shit.  Daddy was gung-ho Marine.  He is probably rolling in his grave right now.

And someone wants to tell me, that it ain’t as bad as I think it is?  Bullshit!  Plain and simple bullshit!!!

US Fukushima Victims, Our Navy, Told to be Quiet? That is Unfair to our Men and Women of the Navy!

Emotional interview with Navy sailor suffering after Fukushima exposure: Others with same symptoms “told to be quiet… nobody’s heard from them” — Health is worsening, worried I’m going to die — Can’t really use legs or arms, hands ‘barely functional’ — Rashes all over body, spasms, shaking — Doctors tell us “it’s all psychological” (AUDIO)

 
http://enenews.com/emotional-interview-navy-sailor-suffering-serious-illness-after-fukushima-exposure-others-same-symptoms-told-be-quiet-nobodys-heard-worry-about-dying-health-keeps-worsening-really-legs-arms-h?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29
Published: July 15th, 2014 at 10:00 pm ET 
By  
Email Article Email Article 
195 comments

 
 

Interview with Navy Lt. Steve Simmons who served on the USS Ronald Reagan for 3/11 relief mission, Nuclear Hotseat hosted by Libbe HaLevy, July 8, 2014 (emphasis added):

  • 21:30 in — November 2011 I noticed something was wrong… The black-out was the first thing… I started dealing with gastrointestinal issues, at first I thought I was coming down with a stomach bug… Fevers as high as 102.9°F… January 2012 was the first time I was hospitalized… [They] sent me home with a sinus infection. Three days later I was readmitted to the hospital because my lymph nodes were swelling… that’s when my legs buckled and the muscle weakness started to onset… it’s been ascending from legs, trunk, arms, hands… I can’t really use the muscles much at all. I’m down to about 20 lbs. of grip strength in my hands, which is barely functional… I do have to catheterize every 4 hours in order to empty the bladder. The migraines still get worse. The fevers still come and go, and they keep calling it a fever of unknown origin. My vitamin D is in the gutter, they just keep calling it an unspecified vitamin D deficiency… 2nd degree burns on my legs just from being out in the sun for 3 or 4 hours… that had never been a concern. Nobody can figure it out. I’ve been getting these rashes that come and go; they’ll go up my arms, my neck, around my eyes, back, stomach, legs. I deal with tremors and spasms… I am [in a wheelchair]… There’s days I don’t even get out of bed… for a long time I thought I was the only one. I had no idea there were other individuals that were even sick or dealing with ailments… Doctors wouldn’t tell us anything… I’ve had doctors tell me maybe you’re better off not knowing what you’re dealing with… You can’t have over 100 or 200 people sick, and one who has died last April, and say there is absolutely no health risk.
  • 35:00 in — Finding out that there’s more people that are sick, finding out there were some other individuals at Walter Reed [Hospital]… almost identical symptoms to what I was dealing with… they we’re told to be quiet, and next thing I know they’re, who knows where they’re at, nobody’s heard from them, nobody has seen them. I have a buddy at Walter Reed right now, whose going through the same exact thing, very similar to what I’m dealing with — maybe 6 months to a year behind on the symptoms… His wife would call my wife and my wife would explain what he could expect next and sure as anything that happens next… Him and I both had doctors who have actively tried to convince us that there’s physically nothing wrong and it’s all psychological… This is ridiculous… He’s also in a wheelchair and when he went to the clinic to get fitted for a wheelchair, this doctor told him that it’s all in his head, and he doesn’t need a wheelchair… This is uncalled for.
  • 46:00 in — We now realize how bad it was… the worst disaster in history, then it’s time to acknowledge the fact that, yeah there is a problem, and there are going to be some effects on human life… If the worst case happens, and some more folks pass — I would have to be naive to think that nobody else is going to pass away from this — it’s only a matter of time before there’s more lives lost. I would be lying if I don’t think every day that I’m going to be next because of how bad my health keeps going downhill.

Full interview available here

Published: July 15th, 2014 at 10:00 pm ET
By 
Email Article Email Article
195 comments

Related Posts

  1. Navy Sailor after Fukushima: I’m in a wheelchair, now it’s spreading to my arms and hands — Photo of skin with intense red burns after being in sun, suspects radiation intensified impact (AUDIO) January 20, 2014
  2. U.S. Navy Sailor: They had to remove three layers of skin off my hands and arms after Fukushima exposure — Treated almost as if I had the plague (AUDIO) March 11, 2013
  3. Wife of Navy Sailor: Our 1-year-old has brain cancer and spinal cancer resulting from Fukushima exposure — Wheelchair-bound Navy Sailor: It’s now affecting my arms and my hands, everything is still progressing (AUDIO) March 19, 2014
  4. Paper: Navy sailor’s health melted down after exposure to Fukushima fallout — Now a shaking, withering patient unable to walk by himself — Lives of younger service members “at stake as well” — Doctors won’t give a diagnosis (PHOTOS) August 15, 2013
  5. LA Times: Experts suggest bald eagle deaths are related to Fukushima radiation — Idaho officials reporting similar sickness — “It’s hard to have your national bird in your arms, going through seizures” (AUDIO) December 30, 2013

Dangerous Meltdown? I wonder what FOX News considered the Meltdowns That Have Already Occurred?

 

Fox News: “Leak at Fukushima nuclear plant threatens dangerous meltdown… Trouble is looming” — Officials: “No idea when it can resume cooling system for spent fuel pool” (PHOTOS)

 
http://enenews.com/fox-news-leak-at-fukushima-nuclear-plant-threatens-dangerous-meltdown-trouble-is-looming-officials-no-idea-when-it-can-resume-cooling-system-for-spent-fuel-pool-photos?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29
Published: July 7th, 2014 at 5:33 pm ET 
By  
Email Article Email Article 
26 comments

 
 

NHK WORLD, Jul. 7, 2014: No prospect to resume cooling No.5 fuel pool — The operator of the Fukushima Daiichi nuclear power plant says it has no idea when it can resume the cooling system for one of the spent fuel pools. [TEPCO] halted the cooling system at the No.5 reactor on Sunday after workers found seawater leaking from a pipe. Seawater is used to lower the temperature ofcoolant water […] they are still considering how to repair the pipe. […] TEPCO says the temperature will reach the company’s safety limit of 65 degrees in a little over a week. The operator plans to channel seawater into the pool to curb the rise in temperature.

Fox News, Jul. 7, 2014: Leak at Fukushima nuclear plant threatens dangerous meltdown — Trouble is looming at Japan’s Fukushima nuclear plant, as a leak has forced the shutdown of a cooling system that could cause temperatures to exceed dangerous levels. […] If the system is not repaired within the next nine days, temperatures are expected to soar […] Sunday, the temperature in the pool that holds the rods was about 73 degrees Fahrenheit but started increasing by 0.193 degrees per hour, TEPCO says. If no new cold water is pumped in at this rate, it will reach the dangerous threshold of 149 degrees (F) in roughly the next week. Such temperatures would increase the possibility of dangerous reactions and more radiation leaks in the plant.

See photos of the leak here

 
Published: July 7th, 2014 at 5:33 pm ET 
By  
Email Article Email Article 
26 comments

Related Posts

  1. Tepco: Frozen water ruptures pipes at Fukushima plant — Cooling system stops at Spent Fuel Pool No. 4 January 29, 2012
  2. NHK: Another fuel pool loses cooling system at Fukushima Daiichi — CBC: May take days to repair March 18, 2013
  3. NHK: Unexplained water leak at Fukushima reactor immediately after 3/11 quake — Crucial cooling system disabled? May 2, 2013
  4. Power still not restored at Fukushima Unit 3 fuel pool and Common Fuel Pool — No fresh cooling water for over a day — Tepco: Extremely sorry it took so long to announce blackout March 19, 2013
  5. NYT: Rat Chase Again Bedevils Fukushima Nuclear Plant — Power lost to spent fuel pool for hours April 5, 2013