IL-Remember the 75 years in prison for filming cops case that was dismissed?

[Anti Federalist]

Poor Mundane ain't out of the woods yet:


State to appeal Allision decision

By SARAH RUHOLL
Daily News

http://www.robdailynews.com/main.asp?SectionID=2&SubSectionID=2&ArticleID=9114&TM=71929.82

The judge who dismissed Michael Allison's case last week won't have the final word.

An appeal by prosecutors is likely in the works, Crawford County State's Attorney Tom Wiseman said Wednesday.

On Sept. 15, Second Illinois Judicial Circuit Judge David K. Frankland accepted Allison's motion to dismiss the case on the grounds that eavesdropping law he is charged under is unconstitutional.

Allison's defense filed the motion on April 29, citing three ways in which the law violates constitutional protections. Frankland granted two of the motions, rejecting the third.

Wiseman said the prosecutors - the Illinois Attorney General's Office was brought in earlier this summer to assist with the case - have 30 days to appeal. They'll take their time in making the next move in a case that has brought national attention to the county.

"We're still considering all of our options at this time," Wiseman said. "We've got a little time here."

Michael D. Allison, 42, Bridgeport, was charged with five felony counts of eavesdropping for five separate incidents of audio recording conversations without consent after he tried to record a Jan. 13, 2009, court proceeding with Judge Kimbara G. Harrell.

Allison also faces two other counts of recording an officer performing official duties without consent that occurred on Nov. 26 and Dec. 6, 2008, and two charges of recording conversations without consent that took place in the Crawford County Courthouse on Dec. 19 and Dec. 31, 2008.

If convicted, Allison could face up to 75 years in prison.

Frankland's ruling left room for charges stemming from the court room incident, writing that while the law is unconstitutional because it prohibits recordings without reasonable time, place and manner restrictions, Allison should not have been permitted to record his court proceeding because it is disruptive.

In early September, Allison's story went viral. He was mentioned by the likes of Glenn Beck, the Drudge Report and the Huffington Post, prompting a flood of angry calls to local city and county offices from across the country.

[amy31416]

That old method. People in gov't use it all the time--the people get involved heavily in order to effect change, and they won't take no for an answer! They do the right thing, stand up, call their reps, protest, get out the word, etc. And the gov't does the right thing....whew! All that hard work paid off!

People go back home, thankful they don't have to waste hours on the phone with idiot politicians, out protesting or writing letters to the editor. They can relax and watch some TV, eat dinner, play ball with the kids.

Later that week, the politicians (or judges, cops, whomever) "revisit" the issue--and it's quietly reversed on a Friday night. And the few folks who are paying attention can't possibly get the activist folks to repeat their actions.

We saw something akin to this with the Audit the Fed bill, and so many other "victories" in the last several years. Quite sickening.

[Anti Federalist]

That old method. People in gov't use it all the time--the people get involved heavily in order to effect change, and they won't take no for an answer! They do the right thing, stand up, call their reps, protest, get out the word, etc. And the gov't does the right thing....whew! All that hard work paid off!

People go back home, thankful they don't have to waste hours on the phone with idiot politicians, out protesting or writing letters to the editor. They can relax and watch some TV, eat dinner, play ball with the kids.

Later that week, the politicians (or judges, cops, whomever) "revisit" the issue--and it's quietly reversed on a Friday night. And the few folks who are paying attention can't possibly get the activist folks to repeat their actions.

We saw something akin to this with the Audit the Fed bill, and so many other "victories" in the last several years. Quite sickening.

And the TSA pushback, and the PATRIOT Act refusals and the REAL ID outrage...

The machine just draws back and bides its' time, only to come at us from a new direction.

It never stops, it never ends, it's a constant battle, night and day.

[jmdrake]

Well this is good and bad. It's bad because he's still facing the charges. Had this gone to trial and been acquitted he wouldn't have to face trial again, but the legal issue still would have been out there. The state's decision to appeal means that it will be heard at the federal level and may go all the way to the Supreme Court. There either the law will be struck down, or the government will be forced to show to an even greater extent how tyrannical it is. That's why Ron Paul must when the GOP primary. Imagine if Eric Holder was weighing in on the state's side of this stupid law and Ron Paul got to ask Obama "So president Obama. Do you really think that the people who video recorded a white cop shooting a black man in the back on the Oakland subway shooting committed a crime worthy of life in prison?" Play the race card in double reverse and see Obama choke on his own arrogance.

[Anti Federalist]

You have given out too much Reputation in the last 24 hours, try again later.


Well this is good and bad. It's bad because he's still facing the charges. Had this gone to trial and been acquitted he wouldn't have to face trial again, but the legal issue still would have been out there. The state's decision to appeal means that it will be heard at the federal level and may go all the way to the Supreme Court. There either the law will be struck down, or the government will be forced to show to an even greater extent how tyrannical it is. That's why Ron Paul must when the GOP primary. Imagine if Eric Holder was weighing in on the state's side of this stupid law and Ron Paul got to ask Obama "So president Obama. Do you really think that the people who video recorded a white cop shooting a black man in the back on the Oakland subway shooting committed a crime worthy of life in prison?" Play the race card in double reverse and see Obama choke on his own arrogance.

[amy31416]

And the TSA pushback, and the PATRIOT Act refusals and the REAL ID outrage...

The machine just draws back and bides its' time, only to come at us from a new direction.

It never stops, it never ends, it's a constant battle, night and day.

Yes--prime examples. Ever been so tired that most everything you know goes from being easily accessible to a point where it's kind of a nebulous cloud of disjointed information and specifics are just out of your grasp?

Blahhhhhh.

[Pericles]

You have given out too much Reputation in the last 24 hours, try again later.

I got a different error: You must spread some Reputation around before giving it to jmdrake again.

[AuH20]

And the TSA pushback, and the PATRIOT Act refusals and the REAL ID outrage...

The machine just draws back and bides its' time, only to come at us from a new direction.

It never stops, it never ends, it's a constant battle, night and day.

They use the same strategy with school budgets which are voted down. The local districts and it's teachers have contingency plans to work around these "obstacles." Dealing with the government at all levels amounts to being locked up in a casino. You can't win.

[Anti Federalist]

Yes--prime examples. Ever been so tired that most everything you know goes from being easily accessible to a point where it's kind of a nebulous cloud of disjointed information and specifics are just out of your grasp?

Blahhhhhh.

All the time.

You know, the safety geeks in my industry have a saying, "Safety is like holding onto a snake, you can't ever lose focus or you'll get bit".

The way we are currently dealing with all this shit is much the same.

How about not doing something so stupid as holding a snake in the first place?

Throw the fucker to the ground and smash it's head with your boot .

[Pericles]

That is one of the things i miss about the military. You can solve a large number of problems with automatic weapons, and the problems don't come back.

[AuH20]

All the time.

You know, the safety geeks in my industry have a saying, "Safety is like holding onto a snake, you can't ever lose focus or you'll get bit".

The way we are currently dealing with all this shit is much the same.

How about not doing something so stupid as holding a snake in the first place?

Throw the fucker to the ground and smash it's head with your boot .

Exactly. None of this Mitch Daniels "we need to make government more efficient" rhetoric. Take out your enemy or in the end it will systematically eliminate your personal sovereignty.

[AuH20]

That is one of the things i miss about the military. You can solve a large number of problems with automatic weapons, and the problems don't come back.

There was a renowned investigative journalist (name escapes me atm) on Coast to Coast AM who was asked how we could save this country and he basically stated what you're inferring. No jails. No fines. No rehabilitation. No reconciliation. Set up the gallows and then you'd see how quickly these snakes would fall in line.

[Anti Federalist]

They use the same strategy with school budgets which are voted down. The local districts and it's teachers have contingency plans to work around these "obstacles." Dealing with the government at all levels amounts to being locked up in a casino. You can't win.

And that's why the ana-caps have a point that I concede to them about the general theory of government.

It really is just what you said, a rigged game, where the house always wins. Any laws you write or constitutions you pass, limiting how bad the casino can rob you, are all contingent on Tony Soprano enforcing on himself. We know how that works out.

At some point in time in our development, we're gonna have to shut the crooks down.

[anaconda]

And the TSA pushback, and the PATRIOT Act refusals and the REAL ID outrage...

The machine just draws back and bides its' time, only to come at us from a new direction.

It never stops, it never ends, it's a constant battle, night and day.

Perhaps the Constitution is flawed. Our elected officials should preserve our liberty, and allow us to be economically productive. It is not efficient for the citizenry to have to spend so much time and effort pushing back against tyranny.

[Anti Federalist]

Perhaps the Constitution is flawed. Our elected officials should preserve our liberty, and allow us to be economically productive. It is not efficient for the citizenry to have to spend so much time and effort pushing back against tyranny.

Clearly it is, otherwise, what we are suffering through right now wouldn't happen.

And that's not heresy, it's just plain fact.

Not saying it should be abandoned, of course, it still is the law, and much of the tyranny that is coming down the pike would be stopped if it were to be followed.

[Dr.3D]

Yep, government has been just a little pregnant for quite some time.

[anaconda]

Clearly it is, otherwise, what we are suffering through right now wouldn't happen.

And that's not heresy, it's just plain fact.

Not saying it should be abandoned, of course, it still is the law, and much of the tyranny that is coming down the pike would be stopped if it were to be followed.

The other possibility is that no document would be sufficient. So the content of the Constitution may not be flawed. But rather, the concept of a Constitution may be flawed. Still, one must wonder if there were provisions against a central bank and borrowing, and a tighter clarification of the commerce clause, how different things might have looked. Or not.