China May Have Accidentally Revealed New Supersonic Cruise Missile In Now-Deleted Footage

newrocket-chi-a
Profile picture for user Tyler Durden

China May Have Accidentally Revealed New Supersonic Cruise Missile In Now-Deleted Footage
by Tyler Durden
Sun, 09/29/2019 – 07:35
https://www.zerohedge.com/geopolitical/china-may-have-accidentally-revealed-new-supersonic-cruise-missile-now-deleted-footage

A now-deleted video clip published by China’s military on Wedensday containe what appears to be the launch of a new type of supersonic cruise missile, according to SCMP.

The original footage which ran just over one minute in length was released on Chinese social media by the People’s Liberation Army Rocket Force in connection with the 70th anniversary of the founding of the People’s Republic of China next Tuesday.

Within the film is a two-second clip featuring an unusual missile being fired from a mobile launcher. In the new version, the scene is replaced with footage of two different missile launches in a desert environment, according to the report.

In the clip the missile appears to have slim dorsal fins, foldable tail fins and additional propellant, all of which, according to one expert who asked not to be identified, suggests it is designed to fly long distances and faster than the speed of sound.

“The new missile would probably have a range of more than 1,000km [680 miles],” the person said. -SCMP

Sound and seizure warning:

The PLA currently possesses the Changjian-10 land-attack subsonic missile which has an operation range of approximately 932 miles.

Ballistic and cruise missiles differ in a number of ways but the latter tend to fly at lower altitudes and at slower speeds, making them more vulnerable to defence systems.

However, the Rocket Force has made significant progress in the development of glider vehicles for its ballistic missiles, like the Dongfeng-17 (DF-17), which is now capable of gliding in outer atmosphere at upwards of five times the speed of sound, making it more able to evade missile defence systems. -SCMP

“Now that the DF-17’s glider technology is becoming more mature it could be used elsewhere. Other missiles, like this cruise missile [in the video clip], could also adopt similar vehicles to carry the warhead,” according to SCMP’s source.

The missile seen in the original footage also appeared to have several unidentified items – which may be jamming and anti-jamming devices.

“These would enhance the missile’s ability to avoid electronic interference or guided interception by enemy missile defence systems, and therefore increase its chances of penetration,” he said.

America Is Changing Rick Sapp – 09/27/2019

Rick-CCR-Featured-9-27-19

America Is Changing
Rick Sapp – 09/27/2019

America Is Changing

In 13 months, we will defeat and send into well-deserved obscurity most of the violently anti-gun, anti-American candidates who are monopolizing the airways with whining. And good riddance.

But all of the “issues,” real or invented, that O’Rourke, Booker, Klobuchar, Castro, Harris and the rest are blathering about today will remain with us for many years. The vehemence of their attacks on America has, I believe, begun to change and divide this democratic republic permanently.

* How do we stop Planned Parenthood and find good homes for the 330,000 babies the organization murders every year?
* How do we end the “my-way-or-the-highway” attitude that has brought our government to a halt?
* How do we convince millennials that without viable borders, we will have chaos?
* How do we remind everyone who is not already a millionaire that capitalism offers a chance — the only chance in the world — to join that exclusive club?
* How, with the study of history dropped in favor of STEM studies, do we show that differences between rich and poor are part of every civilized society … and that this is a good thing?
* How do we address the basic issues that cause individuals to pick up a weapon and indiscriminately harm others?

The Use of Weapons in Society

We in the concealed carry community may be interested in all of the above issues, but we have a special concern about the use of weapons in our society.
Two banned novels with colorfully illustrated book covers: The Man Who Would be King by Rudyard Kipling and Robinson Crusoe by Daniel Defoe

Banned-300x248

Because they present history at variance with the lens of political correctness, many classic books and writers are now banned from school and public libraries. (Rick Sapp photo)

Whether we find ways to reduce violence in America or not, whether there is an “epidemic of gun violence” as the buffoon candidates screech or not, if the Socialist left wins elections, we will find our firearms options severely limited. Should the screechers come to power and dominate politics in America (as they do the mass media now), the Second Amendment will not stand.

The fact that these “leaders” do not understand the difference between a semi-automatic and a tank or between a hair clip and a semi-auto magazine won’t stop them from implementing anti-gun agendas. Neither will their anti-gun agendas, if fulfilled, put a dent in violence in America.

What’s to Be Done?

We must address two factors to make a dent in America’s “epidemic of gun violence.” First, we must strengthen our mental health community and insurance support for counseling and intervention. Second, inner-city communities with high rates of gangs and violence must recognize that violence is a cultural issue and can only be solved within the culture. The imposition of programs, outreach and activism of all sorts will fail unless communities accept the responsibility to teach their children that the “culture of violence” is unacceptable.

The concealed carry community is part of the great silent majority who live in “fly-over land” between the coasts. But we can ill afford to be silent as the Socialist left reshapes our country. In the end, the attack on guns, religious faith and fundamental American principles is an attack on us. It’s personal. America may very well be changing, but this is a culture war. And we cannot afford to lose.

About Rick Sapp

Richard “Rick” Sapp was a U.S. Army infantry platoon leader until recruited to the 66th Military Intelligence Group. There, he worked with the West German KRIPO (Criminal Police) at Czechoslovakian border stations during the Soviet invasion of 1968.

Returning to the U.S., he earned a Ph.D. in social anthropology after studies at the U.S. Air Force Academy, Catholic University of America and the University of Florida, following which he moved to Paris, France, for a year.

After four years with the U.S. Fish & Wildlife Service, he turned to journalism and freelance writing, specializing in outdoor features. His journalism experience includes newspapers and magazines. He has authored more than 50 books for a variety of international publishers.

Rick is married and lives in Florida.

New This Week
Amber Guyger: Right Intentions, Wrong Door?
Amber Guyger: Right Intentions, Wrong Door?
John Caile — September 27, 2019
A Motel Break-In: Should I Shoot?
A Motel Break-In: Should I Shoot?
Kevin Michalowski — September 26, 2019
Crimson Trace CMR-206 Rail Master: Universal Green Laser Sight
Crimson Trace CMR-206 Rail Master: Universal Green Laser Sight
Scott W. Wagner — September 26, 2019
USCCA Carry Confidence
USCCA

Welcome to Disqus! Discover more great discussions just like this one. We’re a lot more than comments.Get Started
Dismiss ×

USCCA Comment Policy

We welcome relevant and respectful comments. Vulgarity, Profanity, Name Calling etc. will be deleted.

8 comments
USCCA
Janet McDonald
Avatar
If there is enough tinkering with the voting booths, Trump may not be re-elected. That is what fears me. Last elections showed that it is not that hard for “them” to screw with the voting machines. “They” did not think that Trump would get so many votes, and “they” were very ill prepared. This time “they” know that Trump is going to get the votes, so if they cannot destroy him before elections, I feel “they” will see he don’t get elected, at any cost.

Avatar
Extremely Handsome Herb • 4 hours ago
Does no $hyt ring a bell in regard to the title of the article? And yes, people are very stupid, in fact, the more stupid you are the more likely you are to get into politics, Mr. Trump excepted.

For all of the do gooders we have in this Country facts make no difference, crime is down with the exception of about 4 Cities, and no they will never understand, because they do not want to understand. If they every bother to learn what they are talking about then they will think like us, and us is who they are against, so why would they ever want to be like us?

You have to keep in mind that the best job these people will ever have is to be elected to some office. And the only better job is to run for a higher office, these people will do anything to keep their job and will set their own mother on fire for a better job. There is no lie too great, no trick too dirty, whatever they can get away with is just fine. Every other person on the planet is expendable as long as they get elected.

Why would you spend $1 Billion to get a job which pays less than $450.000.00, it does not make any sense, but take a look at Uncle Joe, his whole family has been enriched by his being elected to every office which he has ever held and he cannot even find his way home all by himself.

We had better hope things change, but I mean for the American People to actually wake up to the facts which are very simple to find, you only have to be willing to learn and that my friends is why change is so very hard!

Semper Fie

Avatar
Steve H. • 6 hours ago • edited
They won’t just stop at the 2nd amendment, that is just the beginning. When that falls we will be unarmed, then they will take the 1st then the 4th………. Not on my watch!

Avatar
Frederick Davison • 7 hours ago
It isn’t the guns that they are after. It’s control! Plain and simple they want total control over the people of this great nation.

Avatar
John Kaline Frederick Davison • 5 hours ago
I’ve said it several times before, but those FEMA camps were put in place for some particular purpose, and it’s never been satisfactorily explained or proved to the general public who may soon become those camp occupants. If you just look around, I believe the state and federal governments already have all power they believe they need to exercise martial law and simply collect all the firearms the FFLs were required to keep records on about who and where they are presently located. Label me paranoid, but I still believe it.s better to be prepared than not.

Avatar
Juke 1751 John Kaline • 4 hours ago
NM has a large FEMA camp under the quise of holding illegal aliens.

Avatar
Frederick Davison John Kaline • 5 hours ago
That’s why it’s nice that I had a boating accident and lost ALL of my firearms

Avatar
GuitarsNguns • 8 hours ago
Just two years ago these same Dems were saying “nobody wants to take your guns we just want common sense gun laws”. Today they want to take our guns. We all know that this was their plan all along but now they are not hiding it and much to the chagrin of the establishment Democrats, they are saying it. We need to teach these little socialists a lesson by soundly defeating their sorry butts in the upcoming. I don’t worry much about Mr Trump getting re-elected but we all need to work to take back the House and increase our lead in the Senate where there are a half dozen RINOs we just can’t trust. If we can do this we will set the progressive movement back 20 years.

Avatar
Clark Kent • 8 hours ago
HOORAY for the ‘my way or the highway’ attitude that has brought our government to a halt! ‘Be thankful we’re not getting all the government we’re paying for’ – Will Rogers.

The Democrat debate was terrifying. Who are these people? | American Thinker Blog

216013
Photo credit: YouTube screen grab

from Truth2Freedom
Truth2Freedom’s Blog
1,692 followers
https://wordpress.com/read/feeds/410412/posts/2413266034

The fact that there have been no American flags on the stage at any of the Democrat debates says it all.

Trump had long been friends with nearly all high-profile African-Americans from all walks of life in New York. He has helped countless African-American individuals, schools, and charitable organizations. The man has never demonstrated an iota of racism or even race consciousness. But as we all know by now, the truth is not a left-wing value as Dennis Prager often reminds. They don’t like Trump, so any slur, any fabricated indictment of his character is A-OK, a sanctioned furtherance of the agenda to transform America into their dystopian utopia.

White supremacy? Sounds like a plan. Let’s go with it. No made-up accusation is over the line. No plan to eviscerate the Constitution is a bridge too far. The left loathes the limits our Constitution places on our government. Thank God for the genius of our Founders. Without them, we would not have prevailed to this day. As for the loathsome Beto’s vow to “take our guns,” he has no idea the power of the sleeping giant he has awakened. Americans who revere the Constitution are filled with a terrible resolve.

Will we survive the socialist plan our Left has for us? Only time will tell. Given the Left’s promulgation of homelessness, (they pass out needles and ban straws), their commitment to the further dumbing down of education and their disdain for Judeo-Christian values, to open borders and all that entails, and their fidelity to Marxist socialism, if they take the White House, the House and the Senate, America as we know it will be over. The US will become a class-stratified society like that of old Europe, France before their Revolution. Our elites will see to it that their lives are not impacted in any way by the legislation they mean to impose on the rest of us. That is not part of their plan.

The American Revolution was fought to free the American colonies from the tyranny of and taxation by England. That same liberty-loving spirit led to the Civil War; freedom-loving Americans fought to end slavery. The Republican Party was founded to do exactly that. Any faux historian that says different is lying. America was founded in 1776, its nationhood cemented with the ratification of the Constitution in 1788.

Legitimate historians are rare these days; nearly all have been politicized by academia and its power to persuade, and by its love of Howard Zinn’s slanderous and wholly inaccurate version of US history. The NYT’s silly claim that we have been a nation since 1619 when, according to them, the first slave arrived in the New World is utter nonsense. Academia is now, with a few exceptions, thoroughly corrupt, committed only to the leftist indoctrination of the unsuspecting young.

Only the perceived crimes of America matter now. We are all to be indicted for being born here. We are to be condemned and punished if born Caucasian, as if we had a hand in the nature of our birth. And yet it is those of us who love America and are familiar with our history who care nothing about the color of anyone’s skin. It is the Left that defines people and judges people by their race and not their character. How else to explain their affection for illegal migrant criminals like those terrorizing Montgomery County, Maryland, one example that is being replicated across the country.

The debate of Thursday night should be a huge wake-up call for all freedom-loving Americans. Every one of the Democrat candidates wants to curb nearly all of the freedoms guaranteed by the Bill of Rights — speech, assembly, the right to bear arms. They mean to restrict our access to health care, fuel, food, electricity, mobility by car or air, goods in markets.

In short, they well and truly intend to transform the country beyond what Obama did on his watch and not in a good way. They mean to punish all of us who support Trump because, like Hillary, we are to them deplorable for loving our country. They are not alone. The DNC debate audience in Houston were mind-numbed clapping seals. The more punitively race-conscious and socialist the candidates’ promises, the more they applauded.

The fact that there have been no American flags on the stage at any of the Democrat debates says it all. One thing is certain: This election season is going to be a bumpy ride. Like the colonists of 1776, we are looking at the choice between freedom and tyranny. All Americans need to be cognizant of the deadly seriousness of their vote in 2020. Trump’s style and his tweets may offend some but his dedication to the preservation of America is boundless. He has pledged his life and fortune to the cause. Gratitude is in order

Source: The Democrat debate was terrifying. Who are these people?

Treason? Is Former Secretary Of State John Kerry Advising Iran Against US & Trump On Current Hostilities In The Straits Of Hormuz?

0000000000
Treason? Is Former Secretary Of State John Kerry Advising Iran Against US & Trump On Current Hostilities In The Straits Of Hormuz? [Opinion]
POSTED BY: DEAN JAMES JULY 20, 2019
Posted by Dean James at Right Wing Tribune

Treason? Is Former Secretary of State John Kerry Advising Iran Against US & Trump On Current Hostilities in the Straits of Hormuz? [Opinion]

Remember back to last year. On multiple occasions it could be said that Obama’s former Secretary of State, John Kerry was “colluding” (meeting) with the world’s leading funder of state-sponsored terrorism, Iran.

Democrats have spent three years expressing outrage over claims of collusion with a foreign power to undermine our democracy.

Not so much when its a member of the Big Club.

In May of 2018, Kerry was outed for engaging in multiple secret meetings with Iran’s foreign minister to strategize over how to undermine President Trump’s plans to withdraw from the Iran nuclear deal.

By mid-September, Kerry blatantly admitted he was serving as an agent for a hostile foreign power:
Former Secretary of State John Kerry admitted Wednesday that he’s met with top Iranian officials in hopes of salvaging the scrapped nuclear deal — as he slammed the Trump administration for trying to further “isolate” Iran.

The one-time presidential candidate said he’s sat down with Iranian Foreign Minister Javad Zarif “three or four times” in places including Norway and Munich since leaving office last year.

As evidence of these ongoing meetings mounted, it became clear that Kerry was intent on undermining President Trump’s policies with regard to Iran.

Remember too, Obama’s plan for a strategic alliance with Iran throughout the Middle East and North Africa that had been in the works since he was candidate Obama.

For leftists, the struggle never ends.

No former president had ever assembled an army of more than 30,000 agitators to fight his successor at every turn of their presidency. Until Obama did. And no president remained in Washington to cast a shadow over his successor. Until Obama.

Now consider Iran’s recent aggression towards Western interests in the Straits of Hormuz.

Here’s Secretary of State Mike Pompeo expressing his anger towards Kerry’s meddling with Iran in September of 2018:

In May of this year Trump told reporters at the White House that Kerry’s actions were “a violation of the Logan Act and frankly he should be prosecuted on that, but my people don’t want to do anything on that.”

Has the reluctance to prosecute Kerry emboldened him?

All of this raises the likelihood of a direct connection between former President Obama and former Secretary of State Kerry and the current spate of Iranian hostilities.

Keep in mind that Deep State overlords consider Donald Trump an existential threat. Most of us would like to know what he’s a threat to aside from preventing the further diminishment of America and the continued exfiltration of the wealth of America’s workers.

Still, Deep State approved Joe Biden was the most recent figure to invoke the “existential threat’ label on Trump

Biden, aka the dumbest man in Washington, is only where he’s at right now because he aligns with both the Never Trump neocons and the Obama/Kerry wing of the same globalist cabal, all of whom are united in wanting to remove Trump.

President Trump has been consistent about the folly of past Mid-East wars for more than three decades:
TRUMP-NEWSPAPER-AD-WHY-ARE-WE-DEFENDING-THE-GULF-OF-HORMUZ-1

Does the Obama/Kerry/Iran alignment view this as Trump’s Achilles heel? Forcing Trump’s hand towards war in the Middle East would likely be one strategy they’d employ to damage his chances of being re-elected in 2020.

Predictably, the media wants to investigate Trump for the fifth time.
MSM-HYPOCRISY-SILENT-ON-CLINTON-BIDEN-FOREIGN-MONEY

Join us at SPREELY if you want REAL NEWS without the leftist censorship!

Dean James at Right Wing Tribune

God Bless.

Please take a moment and consider sharing this article with your friends and family. Thank you, we appreciate it!
FACEBOOK HAS

MadMedic’s Post Venezuelans Now Regret Letting Government Take Their Guns Away: https://wordpress.com/read/feeds/347470/posts/2310497637

n-maduro-venezuela-1200x630
Venezuelans Now Regret Letting Government Take Their Guns Away
Not long ago, millions of Venezuelans decided to become loved by the left and voted away their right to keep and bear arms. Now they regret it.

Published 3 days ago on June 11, 2019 By Warner Todd Huston

Venezuelans Now Regret Letting Government Take Their Guns Away

Not long ago, millions of Venezuelans decided to become loved by the left and voted away their right to keep and bear arms. But now that their government has descended into a socialist nightmare where everyone is starving to death, these same people are now regretting their votes to give away their right to self-defense.

venezuela-violence-1200x630

It is an object lesson for the folks here in the U.S. who want to travel down the same path as Venezuela; gun-free, socialism and all.

Venezuela implemented its gun ban six years ago before their world took its last steps into the living hell it has become. Now they have no defense against the junta and the socialist criminals controlling their nation.

“Hollywood’s favorite strongman banned arms for citizens. It has not ended well for those starving to death under a socialist dictatorship,” actor James Woods noted on Twitter.

https://pbs.twimg.com/card_img/1136824484391006208/X8kUWQbF?format=jpg&name=600×314
James Woods

@RealJamesWoods
Hollywood’s favorite strongman banned arms for citizens. It has not ended well for those starving to death under a socialist dictatorship… #DemocratsAreDangerous https://www.foxnews.com/world/venezuelans-regret-gun-prohibition-we-could-have-defended-ourselves

14.5K
2:38 PM – Dec 14, 2018
Twitter Ads info and privacy

Venezuelans regret gun ban, ‘a declaration of war against an unarmed population’
As Venezuela continues to crumble under the socialist dictatorship of President Nicolas Maduro, some are expressing words of warning – and resentment –regarding the country’s earlier gun control bill…

And boy is he right.

As Fox News reported on Friday:
“Guns would have served as a vital pillar to remaining a free people, or at least able to put up a fight,” Javier Vanegas, 28, a Venezuelan teacher of English now exiled in Ecuador, told Fox News. “The government security forces, at the beginning of this debacle, knew they had no real opposition to their force. Once things were this bad, it was a clear declaration of war against an unarmed population.”

Under the direction of then-President Hugo Chavez, the Venezuelan National Assembly in 2012 enacted the “Control of Arms, Munitions and Disarmament Law,” with the explicit aim to “disarm all citizens.” The law took effect in 2013, with only minimal pushback from some pro-democracy opposition figures, banned the legal commercial sale of guns and munitions to all – except government entities.

Naturally, Chavez sponsored a “gun buy-back” program before implementing his confiscation. Few Venezuelans were much interested in the government’s cash. So, by the end of the year, Chavez forcefully seized 12,500 guns. But that was just the start

And when Chavez mercifully died, the country’s next president, Maduro, continued the confiscation policies…

In 2014, with Nicolás Maduro at the helm following Chavez’s death but carrying through his socialist “Chavista” policies, the government invested more than $47 million enforcing the gun ban – which has since included grandiose displays of public weapons demolitions in the town square.

And since then? Well, the government has become despotic and has run roughshod over the Venezuelan people, jailing and shooting them at will. And the people now have no defense to stop Maduro from subjugating them.

“Venezuela shows the deadly peril when citizens are deprived of the means of resisting the depredations of a criminal government,” said David Kopel, a policy analyst, and research director at the Independence Institute and adjunct professor of Advanced Constitutional Law at Denver University. “The Venezuelan rulers – like their Cuban masters – apparently viewed citizen possession of arms as a potential danger to a permanent communist monopoly of power.”

No doubt.

Make no mistake, America. This is what Democrats want to happen here, America. They want the American people disarmed so that there is no resistance to their authoritarian reign. Democrats are fascists at heart but they know that your privately held firearms are the biggest threat to their power. Don’t give away your protection willingly.

Amazon employees not only listen to your private conversations captured by Alexa; they also know your home address

Amazon-Echo-Bezos-Laugh

Amazon employees not only listen to your private conversations captured by Alexa; they also know your home address
05/01/2019 / By Ethan Huff
https://www.newstarget.com/2019-05-01-amazon-employees-listen-to-your-private-conversations-captured-by-alexa.html

Not long after it was confirmed that Amazon employees have been secretly listening to the user commands given to its artificial intelligence (AI) “Alexa” devices, without the knowledge or permission of these users, new reports have come out to show that Amazon employees are also abusing Alexa users’ location data, giving themselves illicit access to customers’ home addresses.

At least five supposedly former Amazon employees recently came forward as whistleblowers to admit that Amazon maintains a covert “Alexa team” of employees, the job of whom is to transcribe, annotate, and analyze the voice recordings captured by Alexa spy devices. This Alexa team is reportedly comprised of employees spanning three different continents.

Since Alexa apparently doesn’t always understand what users are saying or implying, the purpose of this Alexa team is “to help Amazon’s digital voice assistant get better at understanding and responding to commands,” these five individuals claim. But along with this comes secret access to Alexa users’ geographic coordinates, which can easily be plugged into third-party mapping software to identify people’s locations.

Amazon had never intended for the truth about this secret spying program to become public, as the company forced employees who knew about it to sign non-disclosure agreements barring them from discussing it publicly. But they were apparently comfortable speaking anonymously and off the record to Bloomberg, which was the first to blow the lid on it.

“Anytime someone is collecting where you are, that means it could go to someone else who could find you when you don’t want to be found,” says Lindsey Barrett, a staff attorney and teaching fellow at Georgetown Law‘s Communications and Technology Clinic.

Sponsored solution from the Health Ranger Store: Lab-verified Nascent Iodine solution is a dietary supplement that provides your body with supplemental iodine to help protect your thyroid during radiation exposure. Nuclear accidents such as Fukushima (or nuclear war) can expose your body to radioactive iodine-131, a dangerous radioisotope. Pre-loading your system with stable iodine occupies the iodine receptor sites on your organs, causing your body to naturally expel radioactive iodine you may have been exposed to through air, food, water or milk products. This defensive strategy is recommended by nearly all health authorities, worldwide, including the Nuclear Regulatory Commission. Discover more at this link.

According to Barrett, location data is far more sensitive than most other categories of user information. And the fact that it can potentially be retrieved alongside Alexa user recordings sets up “a big red flag” for Barrett, especially since Amazon has already been caught lying about its technology’s spying capabilities.

For more related news, be sure to check out Surveillance.news.

Just prior to this spying program being exposed, Amazon lied in an official statement, claiming its employees do not have “direct access” to Alexa users’ location data
One of Amazon’s lies was proclaimed on April 10, when the company issued an official statement claiming that members of its Alexa auditing program “do not have direct access to information that can identify the person or account as part of this workflow.”

But this claim has since been disproven as false, and Amazon has also since issued a more recent conflicting statement claiming that “access to internal tools is highly controlled” – meaning that at least some Amazon employees do have access to private information linking Alexa recordings to specific users and those users’ locations, which could potentially be used for blackmail purposes.

According to Amazon, employee access to these internal tools “is only granted to a limited number of employees who require these tools to train and improve the service by processing an extremely small sample of interactions.”

“Our policies strictly prohibit employee access to or use of customer data for any other reason, and we have a zero tolerance policy for abuse of our systems. We regularly audit employee access to internal tools and limit access whenever and wherever possible,” the company has further claimed.

It has also since come out that Amazon’s covert Alexa team isn’t just a few employees, but rather thousands spread all across the world. News of this appears to have prompted Amazons CEO Jeff Bezos to further restrict the level of access that Amazon employees have to the system – “perhaps anticipating a fresh Congressional kangaroo court where Jeff Bezos is grilled to explain why Amazon is the new NSA,” to quote ZeroHedge.com.

Sources for this article include:

ZeroHedge.com

NaturalNews.com

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.