Posts Tagged ‘free speech’

Brandon Raub, the 26-year-old Marine and Iraq war veteran who is currently being indefinitely detained because of inflammatory posts made on his Facebook page, faces yet another hurdle following a psychiatric “evaluation” on Monday.

Raub is being held against his will and without charges at John Randolph Psychiatric Hospital in Hopewell, Virginia, following an arrest (though some have challenged the technical accuracy of this word) by numerous FBI agents and the Chesterfield County Police Department on the 16th of August.

He was lead away in handcuffs without being read his rights, and it was only following his detainment that his mother received a call from FBI Agent Sherry Grainger, who informed her of the following:

“We have taken your son. He has been arrested by the Chesterfield County Police Dept because he assaulted an officer and resisted arrest. He has been arrested and taken to the Chesterfield Police Department.”

As was reported previously, the CCPD initially told  a different story, claiming that the arrest was spearheaded by the FBI, with Chesterfield officers only assisting the agents involved. Additionally, CCPD claims that Raub has not been charged with either resisting arrest or assaulting an officer, directly contradicting the claims of Agent Grainger.

Some have observed that one of the more disturbing aspects of this case is that neither the FBI, nor the CCPD, nor the Secret Service which assisted with Raub’s initial interview after he was taken into custody, seem to want to take responsibility for his detention. The Richmond spokesperson for the FBI stated unequivically:

“When we left we had not arrested him, we had not placed our hands on him, we did not detain him and we did not charge him.”

Brian Leary, Secret Service representative, released the following statement:

“The Secret Service assisted the FBI with the interview. He was not arrested by the Secret Service. The Secret Service will continue to monitor the situation. We have no further comment at this time.”

And the CCPD also effectively washed their hands of the matter, writing that:

“Raub was evaluated by a Chesterfield mental health official, who determined that he should be held under a temporary [detention] order and transported to John Randolph Medical Center for additional evaluation.

Raub was not arrested and he faces no criminal charges in Chesterfield.”

On Monday, Raub was forced to undergo a psychological “evaluation” at the psychiatric hospital where he is currently being held. According to his mother, the evaluation “was 15 minutes long, and basically the evaluator said that he was not ready to go back into society and he needed additional psychiatric treatment.” The evaluation resulted in Raub being sentenced to a minimum of 30 days in the mental hospital, despite the fact that no charges have been brought against him.

According to Russia Today, the government is utilizing state legislation (Virginia State Code §37.2-808) which states that authorities may indefinitely detain a person without charges in a mental institution upon obtaining a recommendation from a medic.

The Rutherford Insitute, a civil rights watchdog group, has begun to assemble a defense on behalf of Raub. A statement posted on their website from the executive director of the Institute, John Whitehead, reads as follows:

“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights [to freedom of speech], but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon.”

Rutherford Institute lawyers decried the government’s decision to hold Raub without charges for the next month, saying that “government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration.”

Raub himself, during a telephone interview with the Times-Dispatch, had the following to say:

“I really love America, and I think that idea that you can be detained and sent somewhere without due process and a lawyer … is crazy.”

Trespass Bill

The House just passed HR 347, a bill which basically criminalizes free protest.

The bill states that it is a federal offense “to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions.”

This is intentionally vague, of course, as most rights-stripping legislation has been (think NDAA), allowing federal enforcement agencies to claim justification based upon only a sliver of supporting evidence.

The bill also states that whosoever “knowingly enters or remains in any restricted building or grounds without lawful authority to do so” will be arrested, fined, and/or imprisoned. The bill goes on to define “restricted building or grounds” as “a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or…a building or grounds so restricted in conjunction with an event designated as a special event of national significance…”

Translation: anywhere they feel like. I know, that sounds flippant. And it’s amazing what passes for legislation these days. But the reality is, any event could be deemed to be of national significance, with the surrounding buildings or environment subsequently designated as “restricted”.

And protests would be dramatically lessened during presidential campaigns, as well, since everyone in the running is afforded Secret Service protection.

This is just one more step towards the edge.