20,000 People Detained Each Year Without Warrant Or Probable Cause…
The Blaze 8-23-12
The Marine veteran who was detained over anti-government Facebook posts is headed home after a circuit court judge ordered he be released from a psychiatric facility on Thursday, WWBT in Richmond reports.
The judge ruled that the government had no legal grounds to detain Brandon J. Raub, a 26-year-old former U.S. Marine, and Virginia resident.
On August 20, Raub was sentenced to up to 30 days in a psychiatric facility after he was detained by federal law enforcement on August 16 over some Facebook posts that criticized the U.S. government and questioned the official story behind the 9/11 terrorist attacks. He also referred to “starting a revolution.”
John Whitehead, Raub’s lead attorney, will appear on Glenn Beck’s show tonight on GBTV, soon-to-become TheBlazeTV — watch it LIVE tonight at 5:15 ET or stream it later here.
Whitehead told Business Insider that the August 20 detention order was “rubber-stamped” and represents the corrupt system in Virginia.
“The special justice is very old,” Whitehead said. “He had trouble hearing Brandon. He brought into the courtroom a personal cassette player – we tried to listen to it and you can hardly hear what’s being said. This is the so-called judge – he’s a lawyer, not a real judge – it’s like what you would see in a bad movie.”
So, as many of you are probably wondering, under what grounds could you be detained by the federal government without a warrant or probable cause?
Well, according to Whitehead, more than 20,000 people are “committed” under similar circumstances each year — in Virginia alone. “That means a lot of people are disappearing,” accused of having a so-called mental illness.
“I’m friends with the local police; I could call them right now and probably get you committed if you were in Virginia,” Whitehead added. “They can arrive at your door based on somebody’s testimony or your Facebook page and take you away to a mental hospital… There’s a system here that is corrupt. And this guy is caught in it.”
In his defense motion, Raub’s lawyers argued that the initial detention orders did not follow Virginia state law that the Chesterfield Police Department cited, making Raub’s indefinite detention illegal.
Chesterfield police claimed they “took Raub into custody for evaluation in accordance with Virginia State Code § 37.2-808 Emergency custody.”
But as Business Insider points out, “Va. Code§ 37.2-808 states that a person in emergency custody may only be held for four hours unless a magistrate enters a temporary detention order (TDO).” Raub was held for days.
“The government’s power to involuntarily admit an individual for evaluation of a mental illness is a creation of statute. Because an order providing for such admission deprives a citizen of his liberty, to protect citizens from an overreaching government the Virginia legislature has created a specific, detailed procedure, set forth in Virginia Code § 37.2-800, that must be followed before an individual can be involuntarily admitted. In the present case, that procedure was not followed. As such, the District Court’s August 20, 2012 order is void.”
“The best thing they can do now is say ‘We’re not going to charge this guy, we’re going away.‘ But we’re not going to let this go away,” Whitehead said.
This is from Raub’s Facebook page:
America has lost itself. We have lost who we truly are. This is the land of the free and the home of the brave. This is the land of Thomas Jefferson. This is the land of Benjamin Franklin. This is the land of Fredrick Douglas. This is the land of Smedley Butler. This is the land John F. Kennedy. This is the land of Martin Luther King. This is the land where the cowboy wins. This is the land where you can start from the bottom and get to the top. This is the land where regardless of you race and ethnicity you can suceed and build a better life for you and your family. This is the land where every race coexists peacefully. This is the land where justice wins. This is the land where liberty dwells. This is the land where freedom reigns. This is the land where we help the poor, and people help eachother. This is land where people beat racism.
The incident raises the possibility that the government may be monitoring what you say via social media. It is already compiling your tweets and this shows it could be monitoring your Facebook posts as well.
FBI spokeswoman Dee Rybiski argues federal agents did not monitor Raub’s Facebook page, but were sent “a few complaints about what were perceived as threatening posts.” But Whitehead argues the Facebook page in question was recently created and set to private and that he doubts the FBI’s official story. What may be more alarming is that “a few complaints” could result in an American citizen being placed in a psych ward.