PDA

View Full Version : ZIMMERMAN CAN'T HAVE HIS GUN BACK




Weston White
07-18-2013, 09:57 PM
The U.S. Department of Justice, overseen by Attorney General Eric Holder, has ordered the Sanford, Florida police department to keep possession of all the evidence from George Zimmerman's second-degree murder trial - including the exonerated neighborhood watch volunteer's gun.

Sanford police confirmed on Thursday that the DOJ asked the agency not to return any pieces of evidence to their owners. Zimmerman was expected to get his firearm back by month's end.

The development is a sign that the criminal section of the Justice Department's Civil Rights Division is seriously investigating Zimmerman to determine if federal civil rights charges should be filed.

Zimmerman was acquitted of murder and manslaughter on Sunday in a Florida courtroom, but civil rights violations provide an exception to the U.S. Constitution's protection against double jeopardy after a defendant has been found 'not guilty' in a state or local jurisdiction.

That's because if Zimmerman were tried in federal court, he would be charged with violating Trayvon Martin's civil rights, not causing his death. . . .

Justice Department places 'hold' on Trayvon Martin trial evidence, including George Zimmerman's gun-which Florida law says must be returned to him (http://www.dailymail.co.uk/news/article-2369592/Justice-Department-places-hold-Trayvon-Martin-trial-evidence-including-George-Zimmermans-gun--Florida-law-says-returned-him.html)


The management at the DOJ has gone completely out of control. This is now beyond being absolutely idiotic. Eric Holder needs to be impeached and criminally tried for many things; that including his incessant inflaming and prodding of the Zimmerman incident, seriously.

I cannot wrap my head around how committing homicide, murder, or manslaughter upon an individual that happens to be another race or color within a Union state reaches the realm of federal jurisdiction.

If the DOJ is seriously looking to bring so-called “civil rights” violations against Zimmerman, then under the duties obliged upon them by our XIV Amendment protections they heretofore need to meet their now higher level of performance as well for all nationwide gang-crime that is very clearly RACIALLY motivated.

The following are factual:

1. While Zimmerman may have profiled Trayvon in his act of reporting him as a suspicious person to the police; his act of killing him was done as a means of preserving his own personal safety. The evidence infers so much, and as well a Florida jury has vindicated him on this point. For example, 18 USC Sec. 249(a)(1)—HATE CRIME ACTS: “…attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person”

2. The only racially biased evidence provided throughout the course of the Zimmerman trial was by Trayvon’s own comments, calling Zimmerman a “cracka” and a “n***a”. And contrary to the recent statements of Rachel Jeantel (who is now for all respects a secret-genius, having a 3.0 GPA and being gifted with trilingual abilities), “cracka” (when used with an “a” at the end) never means a security guard or a cop-want-to-be type person and the n-word (also when used with an “a” at the end), is never used without consideration to race or color.

3. Zimmerman is not white, he is a half breed, Hispanic and Caucasian. Are we next going to start calling “President Obama” white too (with his own—supposed—parents being black and white)?

4. Zimmerman had a reasonable suspicion that Trayvon was up to no good, being an unknown young black male walking along the yards of houses within a gated community at dusk in all dark clothing—especially when you take into consideration that a neighboring community located to the external rear of Zimmerman’s own gated residence mostly consisted of black residents, who were suspected in the fifty home burglaries and one home invasion that has blighted his gated community over the course of that last year alone.

5. Legally, the appropriate context for the lions-share of “civil rights” statutes, pertain to government employees, officers, and agencies, interstate businesses and activities, federal territories or possessions, and the like. The majority of these statutes have little to no legal relevance over the activities of private parties residing within a Union state.

6. The DOJ appears to be working very hard at usurping (i.e., mission creep) new sweeping powers by even looking into the Zimmerman case—let alone issuing commands to Stanford PD. Happen to of killed a person that does have the same skin pigmentation as you; is of an opposing gender; just so happened to be LGBT; or that did not go to the same church as your family? Well now homicide, murder, and manslaughter are to be the least of your worries.

7. This is part of a new judicial process that is being forged. Such as what is taking place within the James Holmes case, were he is facing dual counts of homicide. To Hades with double-jeopardy right?


18 USC Chapter 13 - CIVIL RIGHTS (http://www.law.cornell.edu/uscode/text/18/part-I/chapter-13)
42 USC Chapter 21 - CIVIL RIGHTS (http://www.law.cornell.edu/uscode/text/42/chapter-21)

Weston White
07-18-2013, 10:31 PM
I just came across a petition at www.change.org (Of course there would be at least one, right?), funny though it appears to actually negate its intended purpose (additionally the authors of it misconstrued a ton of issues concerning the entirety of the incident that took place, and conveniently left out the fact that Zimmerman was getting pummeled by Trayvon):


TRAYVON MARTIN LAW

1. Unless you are a member of Law enforcement you are not allowed to chase an unknown person while you’re in possession of a concealed weapon unless that person has harmed you or they are attempting to cause bodily harm to you or someone else. Following, chasing or confronting an unknown person who is in an authorized area or pubic area while you’re in possession of a concealed weapon just because you think they’re suspicious will waive your right to claim self-defense should said person end up dead. If you think said person is suspicious contact law enforcement instead of taking the law into your own hands.

2. Unless you're a member of Law Enforcement; following, chasing or confronting someone who has not caused you bodily harm or attempted to cause you or someone else bodily harm, while you are carrying a concealed or deadly weapon will be considered an aggressive act in itself; because that act alone automatically puts said person in fear of their life.

3. Following an unknown person while you're carrying a deadly weapon, should be seen as an aggressive or threatening act because you are putting that person in fear of their life. Also, you shouldn't be allowed to claim self-defense should that person end up dead as a result of the escalation of that act. Should that act lead to their death you should be charged with the highest degree of murder applicable to you or manslaughter.

4. An adult carrying a deadly weapon waives their right to claim self-defense if they follow, chase or confront an unknown minor, and that minor ends up dead or injured. Unless that minor has caused bodily harm to them or someone else or is attempting to cause bodily harm to them or someone else.


See: http://www.change.org/petitions/the-trayvon-martin-law-stop-this-from-happening-again

eduardo89
07-18-2013, 10:39 PM
merman was acquitted of murder and manslaughter on Sunday in a Florida courtroom, but civil rights violations provide an exception to the U.S. Constitution's protection against double jeopardy after a defendant has been found 'not guilty' in a state or local jurisdiction.

How is this bullshit even passed off as constitutional?

better-dead-than-fed
07-18-2013, 10:41 PM
... The following are factual:...

More facts: The DOJ refused to give me my medical records from when I was in their custody. When I wrote Senator McCain, he replied that he could not get involved, because of Separation of Powers. (?) When I wrote Senator Kyle, he ignored me. When I wrote President Obama, I received a reply promising follow up within a year. It never came. When I made another request, the DOJ sent me a bill for a $128 processing fee. I paid it immediately. They kept the money, but did not send me my medical records in return. I reported the theft to the Office of Inspector General, (https://docs.google.com/document/d/1ljYDwqudzrpX4X6IpOmrj9j-vLGrBjo4S5HtTieXUkw/pub) but he never replied.

They also threatened to re-imprison me if I contacted the media about their conduct. (https://docs.google.com/document/d/1NdMk5q08jnVT6rwic1tBJL960Jpf1fCPOaxo50NET_o/pub)

When I took them to court over the gag-order, their agent clearly testified falsely. When I reported if to the Office of Inspector General, he did not reply. (https://docs.google.com/document/d/19ftf3Dpi4JM5ZJ3iiAyCmPZV4S_TENZYHaCK0ouIvP4/pub)

None of these facts were newsworthy enough to be reported by anyone but myself, so you have to figure there are a lot more similar facts you will never hear about.


I cannot wrap my head around how ...

The DOJ has no incentive to stop, and self-defense is out of the question, because it would harm the liberty movement by disturbing GOP or Dems.


How is this bullshit even passed off as constitutional?

That does not matter; all that matters is that we do not disturb GOP or Dems.

Smart3
07-18-2013, 10:41 PM
Officially the worst law proposed ever.

Occam's Banana
07-18-2013, 11:14 PM
How is this bullshit even passed off as constitutional?

Is it passed off that way? As far as I can tell, they hardly ever even bother trying anymore ...

https://www.youtube.com/watch?v=wxXy-r7aatA


https://www.youtube.com/watch?v=wxXy-r7aatA

WhistlinDave
07-18-2013, 11:26 PM
Total play to circumvent double jeopardy. Major bullshit.

bunklocoempire
07-18-2013, 11:31 PM
So is Zimmerman's piece going to end up in Mexico?

eduardo89
07-18-2013, 11:46 PM
So is Zimmerman's piece going to end up in Mexico?

Anyone have Holder's email so I can send him my address?

satchelmcqueen
07-19-2013, 07:12 AM
well fuck! keep pushing folks.

jkr
07-19-2013, 07:15 AM
THEFT.

ronpaulfollower999
07-19-2013, 07:17 AM
I just came across a petition at www.change.org (Of course there would be at least one, right?), funny though it appears to actually negate its intended purpose (additionally the authors of it misconstrued a ton of issues concerning the entirety of the incident that took place, and conveniently left out the fact that Zimmerman was getting pummeled by Trayvon):



See: http://www.change.org/petitions/the-trayvon-martin-law-stop-this-from-happening-again

Do these people not pay attention to the facts?

CaptUSA
07-19-2013, 07:43 AM
THIS is what should cause rioting and civil unrest! Damn. I wanted to be over this whole mess, but then the Justice Dept wants to deprive a man of his means of self-defense?! When arugably, this is when he needs it most! How many people want to kill this man? And now they take away his means of defending himself?!

Understandably, he'd be able to purchase another weapon, but he shouldn't have to.

69360
07-19-2013, 07:47 AM
I just came across a petition at www.change.org (Of course there would be at least one, right?), funny though it appears to actually negate its intended purpose (additionally the authors of it misconstrued a ton of issues concerning the entirety of the incident that took place, and conveniently left out the fact that Zimmerman was getting pummeled by Trayvon):



See: http://www.change.org/petitions/the-trayvon-martin-law-stop-this-from-happening-again

Idiots, I'd rather have Zimmerman following me with a gun than the police.

sluggo
07-19-2013, 07:51 AM
Can Zimmerman sue the DOJ for violating his civil rights?

69360
07-19-2013, 07:55 AM
Can Zimmerman sue the DOJ for violating his civil rights?

No, but if they keep this up maybe malicious prosecution. Zimmerman is no angel, but there was no criminal case and there is no federal civil rights case.

presence
07-19-2013, 07:58 AM
civil rights violations
provide an exception
to the U.S. Constitution's protection
against double jeopardy


Huh? Are we talking like 1964 civil rights act provides exemption to double jeopardy? Can someone school me please.

fisharmor
07-19-2013, 08:02 AM
I guess nobody really remembers the Clinton years...
Women and children gassed and burned to death, evidence bulldozed.
A woman gunned down by a sniper while holding her infant.
Interns mysteriously showing up dead in the park.

And the president's response was taking time to get a blowjob.

That's how W got into power and kept it for so long. People remember this stuff. They know that the federal government is going to commit atrocities.
And they consciously decide to point those atrocities at other people in countries they've never heard of.

It's why I don't understand all the knockback statelessness advocates get here. Everyone knows the game, and there's only one way to keep these things from happening: don't play.

Weston White
07-19-2013, 08:24 AM
Huh? Are we talking like 1964 civil rights act provides exemption to double jeopardy? Can someone school me please.

Heh, actually double-jeopardy is specifically addressed in the miscellaneous provisions of the Title 42 portion (presuming that murder or homicide would meet the requirement of a 'specific crime').

42 USC § 2000h–1 - Double jeopardy; specific crimes and criminal contempts:

No person should be put twice in jeopardy under the laws of the United States for the same act or omission. For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.
http://www.law.cornell.edu/uscode/text/42/2000h-1

presence
07-19-2013, 08:24 AM
I know there are many of you that just want Zimmerman to go away, but I sense its still a hot issue, which has broader implications than one might suspect.



Dual Soverienty Doctrine and Petite Policy

The dual-sovereignty doctrine received national attention during the early 1990s, when two Los Angeles police officers were convicted in federal court for violating the Civil Rights (http://legal-dictionary.thefreedictionary.com/Civil+Rights) of rodney king during a brutal, videotaped beating, even though they previously had been acquitted in state court for excessive use of force (United States v. Koon, 833 F. Supp. 769 (C.D. Cal. 1993), aff'd, 34 F.3d 1416 (9th Cir. 1994), rehearing denied 45 F.3d 1303). Although many observers believed that the officers had been tried twice for the same offense, the convictions were upheld on appeal over double jeopardy objections.

Under the dual-sovereignty doctrine, the appellate court ruled,
a defendant who violates the laws of two sovereigns,
even if by a single act, has committed two distinct offenses,
punishable by both authorities.


The dual-sovereignty doctrine is designed to vindicate the interest that each sovereign claims in promoting peace and dignity within its forum, and permits state and federal governments to prosecute someone for the same behavior after either has already done so. A defendant also may be prosecuted successively by two states for the same act or omission. In Heath v. Alabama, 474 U.S. 82, 106 S. Ct. 433, 88 L. Ed. 2d 387 (1985), the U.S. Supreme Court held that successive prosecutions by the states of Georgia and Alabama based upon the same offense did not violate the Double Jeopardy Clause. In Heath, the defendant had committed murder in the state of Alabama but had taken the body to Georgia, where Georgia officials eventually found it. Both states prosecuted Heath and convicted him of murder for the same action, and the U.S. Supreme Court allowed the convictions to stand.


Some limitations apply to the dual-sovereignty doctrine. Successive prosecutions by a state and one of its political subdivisions (such as a county, city, or village) are not permitted, because these entities are deemed to be one sovereign. Moreover, federal and state authorities may not achieve a second prosecution by manipulating the criminal justice system, sometimes called a "sham prosecution." Although this exception to the dual sovereignty doctrine has been cited in several cases, it is seldom invoked.

The U.S. department of justice has developed an internal restriction on pursuing a prosecution after state prosecution has failed. Federal prosecutors under this restriction may only pursue a second prosecution for compelling reasons, and the prosecutor must obtain prior approval from the assistant attorney general prior to bringing the prosecution. This restriction is called the "Petite policy," named after the U.S. Supreme Court's decision in Petite v. United States, 361 U.S. 529, 80 S. Ct. 45, 4 L. Ed. 2d 490 (1960), which involved the prosecution of an individual in two federal district courts for what amounted to the same offense. Although the Petite policy appears in the Department of Justice's manual, criminal defendants may not rely upon this restriction if a federal prosecutor fails to adhere to the department's guidelines.





http://legal-dictionary.thefreedictionary.com/Double+Jeopardy

Weston White
07-19-2013, 08:27 AM
Understandably, he'd be able to purchase another weapon, but he shouldn't have to.

I was thinking about that and I highly doubt he will clear his background check/gun registration while being investigated by the DOJ. What is even more discerning is that he is receiving death threats from all across the nation. Perhaps he should demand a protective detail be assigned to him by the DOJ in the meantime. :D

Weston White
07-19-2013, 08:45 AM
In addition to the jurisdiction established by the wrongful act, that would seem to be a violation of Article IV, Section 2, Clause 2:


A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
http://www.hdv.defendindependence.us/index.phtml?document=us_constitution&query=article_IV

18 USC § 3236 - Murder or manslaughter:

In all cases of murder or manslaughter, the offense shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered or other means employed which caused the death, without regard to the place where the death occurs.
http://www.law.cornell.edu/uscode/text/18/3243

ETA:

Concerning the Rodney King incident, concurrent jurisdiction is what should have taken place, the federal government should have pulled the case under both civil rights and color of law conspiracy violations and also tacked felony battery, attempted manslaughter, or whatever along with it.

http://en.wikipedia.org/wiki/Concurrent_jurisdiction

libertarianMoney
07-19-2013, 09:07 AM
Perhaps he should demand a protective detail be assigned to him by the DOJ in the meantime. :D

HAHA I'm sure he'd prefer a protective detail from the KKK. (some of them wouldn't actually want him dead.)

I really hope this is just the government posturing and trying to make the rioters shut up. I doubt it though...

Contumacious
07-19-2013, 09:29 AM
The management at the DOJ has gone completely out of control. This is now beyond being absolutely idiotic. Eric Holder needs to be impeached and criminally tried for many things; that including his incessant inflaming and prodding of the Zimmerman incident, seriously.

]

Although he knows that he doesn't have a case he has to grandstand for his liberal base. They vote, early and often. He also knows that the scumbags in the SCOTUS have UNCONSTITUTIONALLY shielded him from lawsuits.

Maybe someday Americans will wake up from their deep stupor and demand that the Constitution be restored and enforced.

.

better-dead-than-fed
07-19-2013, 09:33 AM
Keep petitioning for redress, everyone. Sell your guns so you have more money for writing supplies to keep those petitions flowing.

CT4Liberty
07-19-2013, 09:37 AM
Wouldn't it take a Constitutional amendment, not just a law, in order to create an exception to the Constitution? Isnt that the whole point of the Constitution in the first place?

I think Mr. Zimmerman should sue teh DOJ and Holder for violating his 5th Amendment rights, which are quite clear:

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb

georgiaboy
07-19-2013, 10:30 AM
I figured Z-man to be a multi-gun owner.

Regardless, he should get his means of self-defense returned to him.

69360
07-19-2013, 10:31 AM
I figured Z-man to be a multi-gun owner.

Nothing is stopping him from buying another one now.

Dr.3D
07-19-2013, 10:35 AM
Do these people not pay attention to the facts?
No they are either stupid or selectively deaf and blind.

Pericles
07-19-2013, 10:35 AM
Nothing is stopping him from buying another one now.

The best time to buy is before you need one:

http://i623.photobucket.com/albums/tt317/Pericles-photo/c68d59ec-f7bd-48da-974f-7f8a2a90d2a0_zpsfbe9475f.jpg

AFPVet
07-19-2013, 10:50 AM
Too late... the judge ordered "evidence to be released". It would take a higher court order to stop the release. The DOJ only 'requested' the PD to hold the evidence (gun). They are not yet legally obligated to oblige.

Another issue raised... Zimmerman isn't white... he's half Latino and half Caucasian.

otherone
07-19-2013, 12:17 PM
Whoever proposed this law needs an editor:


confronting an unknown person who is in an authorized area or pubic area while you’re in possession of a concealed weapon

Oh yeah, baby....my pubic area's gotta concealed weapon....

TheTexan
07-19-2013, 12:57 PM
I just came across a petition at www.change.org (Of course there would be at least one, right?), funny though it appears to actually negate its intended purpose (additionally the authors of it misconstrued a ton of issues concerning the entirety of the incident that took place, and conveniently left out the fact that Zimmerman was getting pummeled by Trayvon):



See: http://www.change.org/petitions/the-trayvon-martin-law-stop-this-from-happening-again


1. Unless you are a member of Law enforcement

I stopped reading here

James Madison
07-19-2013, 01:09 PM
I stopped reading here

One set of laws for you and I...

...another set of laws for the King's enforcers.

Pericles
07-19-2013, 01:20 PM
One set of laws for you and I...

...another set of laws for the King's enforcers.

What laws for the King's enforcers?

James Madison
07-19-2013, 01:31 PM
What laws for the King's enforcers?

Touche...

madengr
07-19-2013, 05:24 PM
Nothing is stopping him from buying another one now.

Well maybe NICS. He ought to try and see if the feds have screwed him there.

AFPVet
07-19-2013, 06:20 PM
Well maybe NICS. He ought to try and see if the feds have screwed him there.

Private sale :)

Aratus
07-19-2013, 06:59 PM
:eek::toady::rolleyes::(:confused::mad::o:):cool:: toady: