Yesterday, I spoke to the board in favor of creating an ordinance against the offensive sections 1021 and 1022 of the NDAA.
Please forgive my attempts to correct the county attorney in his explanation of culpable mental states, during the commissioner comments. I felt compelled to set the record straight at the moment but later realized it was not the appropriate time to do so.
As I mentioned I am a retired Oregon peace officer. My experience and training encompasses two police academies and seventeen years in the business. I am a former police instructor and field training officer, having previously testified as an expert.
I am not an attorney, but part of my job was to train new officers in all aspects of law enforcement including criminal and civil law. Please allow me to explain what culpable mental states are and how they're applied legally.
There are four culpable mental states. Intentionally, Recklessly, Knowingly and Criminal Negligence.
Either one or more culpable mental states must be present in order for a crime to have been committed. This only applies in criminal law, not civil. Since the "laws of war" do not apply under the NDAA, neither does procedural law as to due process for arrested persons.
In the very least, arrests will be made with little or no "reasonable suspicion" based only on an accusation without merit, instead of the required "probable cause."
Suspected enemy combatants/detainees will be turned over to federal authorities/military for processing, thus opening the door to civil litigation against those participating.
The police will in effect be acting as agents of the federal government's tyranny against the American people, authorized by the Lane County Board of Commissioners.
The attorney also mentioned the use of federal grants and how or if to use the funds. The answer is quite simple. Don't apply for them.
Would you rather the few individual police officers benefit financially by working for overtime pay, or that every person in the county be tumultuously stripped of their constitutional rights by threat of deadly force for pretended offenses?
Please note that when these grants are ongoing such as a traffic safety campaign, all law enforcement agencies in the county generally apply for and use the same grant.
The county attorney was making the same old NDAA arguments as have countless others on the subject long before it's before passage. Regardless the complexity in legalese, local governments across the nation are doing what the federal government is refusing to do. Protecting their citizens and Constitutions as is their primary representative duty.
He stated that Hedges ~V~ Obama, has yet to be determined unconstitutional by a judge of competent standing. You would think that Appeals Court Judge Katherine Forest, would qualify to opine federal law.
How could he come to this moot conclusion when judicial competency was never an issue? If it was most or all of her decisions would be scrutinized.
By passing a stronger enforceable ordinance, you will be sending a clear message that Lane County protects her citizens from tyranny. Be that guiding light for other counties to follow. Thank you for your time.
Southern Oregon Coordinator
"Not On Our Watch"
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THE U.N. & LOCAL AGENDA 21
THE U.N. & AGENDA 21: