Want to charge Northam with a Felony? Here's How.

[MK20]

He deprived tens of thousands of folks of their 2nd Ammendment rights which are specifically protected by both Federal and State constitutions, and he also explicitly violated a law which stated that he was not allowed to use the emergency declaration to restrict the carrying of arms.

Under 18 USC he can be charged with a felony, and if I am not mistaken, it would be a felony for every person he deprived who wished to become a plaintiff.

Please read the following which is straight from the Justice Department's website:

• Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
  For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
  The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242​

• Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Deprivation Of Rights Under Color Of Law

www.justice.gov

 

[W54/XM-388]

I would bet the same "court system" that refused to block his illegal actions in the first place will be happy to "excuse" him from any blame for violating people's rights.

It seems the courts only care about rights if they are "SJW friendly" rights.

 

[Blutroop]

To you have to be Virginian? Did you have to actually attend the rally or actually make it into the kill zone I mean uh fenced area? Asking for a friend

 

[pmclaine]

Yep, just like David Gregory for his felonious possession of a "high capacity magazine" on national TV they will both being do the specified time.........wait whats that you say about guilty as hell Dave?

 

[MK20]

To you have to be Virginian? Did you have to actually attend the rally or actually make it into the kill zone I mean uh fenced area? Asking for a friend

You would have to have standing, yes.
ETA, I would imagine that you MAY be able to make a case that you were not able to go into the cage because you were armed, and thus deprived of your right to petition the government for redress of grievances.

 

[NCLR224]

Wondering if the “state of emergency” declaration overrides this rule? Those are usually used to cut through red tape when needed. Anyone know about this?

 

[MK20]

VA law specifically states that he is not allowed to use the emergency declaration in this manner.

 

[ewoaf]

VA law specifically states that he is not allowed to use the emergency declaration in this manner.

Virginia courts also said he did.

 

[j-huskey]

If, and seriously if, you study the restrictions on the First Amendment, as it applies to peaceful assembly,

and the acceptable places to restrict the potentials for violence or disruption of governmental function,

blackface'z setting out of the fenced area as restricted and weapons free,

while not restricting all areas adjacent to the fence... or any other areas surrounding it, all within gov control and under gov function,
(Precedent example: legal to restrict arms in the court room, but not the parking lot of the court house.)

Is within the 1st Amendment, and by precedent, does not violate the 2nd.

Because, it's 1st Amendment legal to restrict the small fenced area, while not restricting the larger outer area under gov function-business-legal activity etc, out to private property ownership lines.

AND if you choose to enter it for peaceful assembly, you are subject to accepting said legal restrictions.

If you do not want to disarm, you can stand touching the fence, armed, outside.... as did 16ish k people.

The courts followed previous legal precedent going back many years.

His use of the many on-line threats, recorded phone calls, and mailed letters were sufficient probable cause to restrict the fenced area.

The gray area is whether the threats reached the level of declaring an emergency.
Under previous precedent, the threats were sufficient to restrict the fence, imho, the emergency declaration was overkill.

Time will tell and historians will write the next chapter on this part years from now.

 

[Not a Clue]

I would bet the same "court system" that refused to block his illegal actions in the first place will be happy to "excuse" him from any blame for violating people's rights.

It seems the courts only care about rights if they are "SJW friendly" rights.

In all fairness, the court didn't refuse to block his illegal actions, they said the information provided to them was incomplete and they could not hear it. It will be heard once the proper paper work has been submitted, is my understanding, at which point, they will hear it.

 

[BullGear]

At this point, the only to change VA back to good old southern beliefs is to vote ever Dem out of office. However, I've heard that t here have been a few Bills introduced to make it much more difficult to do that.

 

[W54/XM-388]

In all fairness, the court didn't refuse to block his illegal actions, they said the information provided to them was incomplete and they could not hear it. It will be heard once the proper paper work has been submitted, is my understanding, at which point, they will hear it.

Sure... Sure.....

But when it's some SJW friendly "right" OMG they will issue an "emergency injunction" pretty much with a paper that just says please because we don't like it....

They of course agreed to hear it, long after it would be done and not matter anymore.

Don't kid yourself.

 

[HeavyAssault]

Hasn't anyone figured this out yet?? You are asking people who wrote the laws to follow the laws, yet they write the laws to be able to not follow the laws since they feel they are above the law. Maybe when we start passing laws that effect the politicians we will get it right. Take their retirement pensions, their "protective details", any sort of benefits, make 10 year term limits

OH....that's the problem.....they will NEVER write a law for term limits, they will always have a retirement plan, they will always be "protected"........they will never allow a law to be used against them......There's your problem..... So your rights are going to be tramped on until you get it together.

Sorry, we had a good showing at the capitol.....but it's not enough.

 

[MK20]

If, and seriously if, you study the restrictions on the First Amendment, as it applies to peaceful assembly,

and the acceptable places to restrict the potentials for violence or disruption of governmental function,

blackface'z setting out of the fenced area as restricted and weapons free,

while not restricting all areas adjacent to the fence... or any other areas surrounding it, all within gov control and under gov function,
(Precedent example: legal to restrict arms in the court room, but not the parking lot of the court house.)

Is within the 1st Amendment, and by precedent, does not violate the 2nd.

Because, it's 1st Amendment legal to restrict the small fenced area, while not restricting the larger outer area under gov function-business-legal activity etc, out to private property ownership lines.

AND if you choose to enter it for peaceful assembly, you are subject to accepting said legal restrictions.

If you do not want to disarm, you can stand touching the fence, armed, outside.... as did 16ish k people.

The courts followed previous legal precedent going back many years.

His use of the many on-line threats, recorded phone calls, and mailed letters were sufficient probable cause to restrict the fenced area.

The gray area is whether the threats reached the level of declaring an emergency.
Under previous precedent, the threats were sufficient to restrict the fence, imho, the emergency declaration was overkill.

Time will tell and historians will write the next chapter on this part years from now.

I understand what you are saying, but there is a VA law from 2012 that SPECIFICALLY forbids the governor from doing this.

 

[HeavyAssault]

I understand what you are saying, but there is a VA law from 2012 that SPECIFICALLY forbids the governor from doing this.

What VA Law are you talking about??

 

[j-huskey]

I understand what you are saying, but there is a VA law from 2012 that SPECIFICALLY forbids the governor from doing this.

Roger that.

What VA Law are you talking about??

Next post shows complete text..

 

[j-huskey]

From LE Today

VA Governor just banned guns from state Capitol - but it's illegal.

VA Governor just banned guns from state Capitol - but it's illegal. So he's declaring it an "emergency shelter".

“No one wants another incident like the one we saw in Charlottesville. We will not allow that mayhem and violence to happen here.”

www.lawenforcementtoday.com

 

[HeavyAssault]

OH you want to argue this part doesn't hold water:

"except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons."

So how are you going to prove that those areas are not designated or used as an emergency shelter????

 

[HeavyAssault]

You would be best to argue abuse under: § 44-146.17. Powers and duties of Governor.

 

[HeavyAssault]

Let's break a few things down:

"State of emergency" means the condition declared by the Governor when in his judgment, the threat or actual occurrence of an emergency or a disaster in any part of the Commonwealth is of sufficient severity and magnitude to warrant disaster assistance by the Commonwealth to supplement the efforts and available resources of the several localities, and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him.

His collection of "on-line threats" can be enough to muster coverage there.

"Disaster" means (i) any man-made disaster including any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life;

Well.....that covers that part....Terrorism in domestic fashion < see the on-line threats> is equal to a Disaster.


My law experience runs only as far as you can read. I'm not trying to bust your chops but they WROTE the damn laws.

 

[HeavyAssault]

Maybe bird dog this section and see about getting the documents he's required to submit: § 44-146.28. Authority of Governor and agencies under his control in declared state of emergency.

The Governor shall report to the Chairmen of the Senate Finance Committee, the House Appropriations Committee, and the House Finance Committee within 30 days of authorizing the sum sufficient pursuant to this section.

 

[TACC]

In all fairness, the court didn't refuse to block his illegal actions, they said the information provided to them was incomplete and they could not hear it. It will be heard once the proper paper work has been submitted, is my understanding, at which point, they will hear it.

But at that point the case and point will be moot.

 

[quietmike]

18 USC 242 is about deprivation of rights based on ethnic or racial reasons.

 

[MK20]

No. It specifically states in the statute that racial or ethnic bias is NOT needed.
Read before you comment.

 

[Aries256]

He deprived tens of thousands of folks of their 2nd Ammendment rights which are specifically protected by both Federal and State constitutions, and he also explicitly violated a law which stated that he was not allowed to use the emergency declaration to restrict the carrying of arms.

Under 18 USC he can be charged with a felony, and if I am not mistaken, it would be a felony for every person he deprived who wished to become a plaintiff.

Please read the following which is straight from the Justice Department's website:

• Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
  For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
  The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242​

• Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Deprivation Of Rights Under Color Of Law

www.justice.gov

Theres hundreds of gun grabbers that should be charged with felonies.

 

[Not a Clue]

Sure... Sure.....

But when it's some SJW friendly "right" OMG they will issue an "emergency injunction" pretty much with a paper that just says please because we don't like it....

They of course agreed to hear it, long after it would be done and not matter anymore.

Don't kid yourself.

I don't doubt their motives, just trying to make sure the facts are out there. The VCDL didn't lose the case, it wasn't decided from a legal standpoint at all. Big difference in losing and being postponed. The end result for the Lobby Day was the same either way, but in no way was this a legal loss.

 

[OldSalty]

OH you want to argue this part doesn't hold water:

"except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons."

So how are you going to prove that those areas are not designated or used as an emergency shelter????

This. Credible threats.

Case closed.

 

[ewoaf]

Entire county board arrested following citizens arrest by 2 military veterans | Take Back Your Power

Clark County, Illinois — Sometimes citizens can be so frustrated with county board members they wish someone could just place them under arrest. Well, that is exactly what citizens in Clark County, Illinois did.

www.takebackyourpower.net

 

[LawnMM]

Kinda implies politicians in power play by the same set of rules we do, doesn't it?

But, then that's not how it works in the real world.

 

[Rthur]

Entire county board arrested following citizens arrest by 2 military veterans | Take Back Your Power

Clark County, Illinois — Sometimes citizens can be so frustrated with county board members they wish someone could just place them under arrest. Well, that is exactly what citizens in Clark County, Illinois did.

www.takebackyourpower.net

While I applaud their efforts they'll have to live as long as Mathuselah to make a dent in Illinois.

R

 

[105gr]

Illinois Leaks

Edgar County Watchdogs

edgarcountywatchdogs.com

Isn't this what the police are supposed to be doing?