Case Dismissed: Government Had No Grounds to Indefinitely Detain Marine Vet Without Charge or Trial
After the FBI, Secret Service and local police swarmed Brandon Raub’s home because of Facebook posts that were deemed by officials as “terrorist threats” and investigated under the auspices of domestic terrorism, the outcry from proponents of free speech were loud and undeniable.
As many warned when the National Defense Authorization Act was approved by both Houses of Congress, law enforcement officials now have the power to arrest and detain American citizens without cause, without charge and without trial. Despite arguments to the contrary, the NDAA coupled with the Patriot Act allows those who are detained under allegations of domestic terrorism or for alleged hostilities against the United States, either through speech or action, to be held indefinitely.
In the case of Brandon Raub, he was originally ordered to appear before a state psychiatrist a few days after his illegal detainment. It was then pushed to thirty days in a psychiatric evaluation facility. Given how the government has treated military whistleblower Bradley Manning, who has been held in solitary confinement without charges or a trial for over 800 days, the government could have potentially held Raub for weeks, months or years.
In this particular instance we have good news. The pressure from outraged Americans and a focused effort by Raub’s defense team has reportedly led to his release this afternoon.
A Hopewell circuit court judge has ordered that a Marine veteran detained over anti-government Facebook posts be released from a psychiatric hospital.
The judge said the original petition for Raub’s detention contained no facts. In other words, there was no information on why Raub was being held — and the judge deemed this violated his civil liberties.
As a result, the judge ruled the government had no grounds to hold Raub.
Beck said the judge is in the process of writing an order for Raub’s release. He is expected to be released from a the hospital in Salem, Virginia Thursday afternoon.
How is it even possible for an individual in America to be detained against their will with no facts having been presented?
The right thing to do here is to criminally charge those who detained him – every single law enforcement officer, prosecutor and judge involved in this case – with kidnapping, abduction, violation of the 4th amendment which is supposed to protect free men against unreasonable search and seizure, and violation of 5th Amendment protections that denied Brandon Raub his liberty and right to due process.
Where are the charges against those who would have sent this man to a hole for the rest of his life without any justification whatsoever?
Without the national exposure this case received, it’s completely plausible to suggest that Raub could have been left to rot in a government prison cell like Bradley Manning.
But no one in government will be held accountable. No one.
And, what of other Americans, namely veterans, who are being detained by the government based on manufactured allegations or the overt attacks against individuals expressing their personal views in a non-violent manner, such as Jason Egroff who was recently detained, forced to undergo psychiatric evaluation, and stripped of his guns for no other reason than a call to police from a “friend” who disagreed with him and thought Egroff was a danger to himself or others.
Under the guidelines being set forth by the Department of Homeland Security, the Department of Justice and Congress, are we not all psychotics in need of mental health evaluations and re-education?
Is every American citizen now guilty of subversion and hostilities against government interests?
Brandon Raub’s release is a victory for liberty, but the road ahead will be paved with more tyranny and injustice as the government police state steps up its crackdown on dissent.
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Date: August 23rd, 2012
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