Habeas Corpus Stands Firm in El Paso County, Colorado!

coachisright.com ^ | JANUARY 17TH, 2012 | Helen Sabin , staff writer

[jmaroneps37]

Utah had its Sheriff Mack. Maricopa County, Arizona has Sheriff Joe Arpaio. But Colorado Springs, Colorado has Terry Maketa.

In November 2011, Sheriff Maketa of El Paso County, Colorado, along with its five County Commissioners struck a blow for freedom and the Constitutional rights of citizens.

These six signed a proclamation affirming the right to Habeas Corpus which the National Defense Authorization Bill or Senate Bill 1867 removed when it was signed into law by President Obama.

The proclamation which has gone viral, affirms that the local sheriff, who is any county’s top cop, can override actions taken by the military or the Feds to arrest someone without notification to the Sheriff.

Under this proclamation, the Sheriff will make sure that a Miranda warning is given, the right to see a judge and the right to NOT be taken out of the county or held incommunicado without permission is upheld.

“Habeas corpus …is a writ, or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to their aid. … It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. It is a writ requiring a person to be brought before a judge. …One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.”

The Sheriff and Commissioners were outraged over the habeas corpus removal and rightly so because the recent FBI definition of a “terrorist” is anyone who has 7 day’s worth of food and a gun in their home and this definition describes most all of the population of El Paso County….

[jmaroneps37]

Asong as we have local law enforcers like this we have a chanceof surviving Obama.

[jmaroneps37]

Oops That’s “As long as we have local law enforcers like this we have a chance of surviving Obama.”

[Sea Parrot]

Elected county sheriffs as per the constitution, are the most powerful LEOs in the nation.

[MeganC]

Now let’s hope those local law enforcers have a chance of surviving Obama. No doubt any of them who stand up to totalitarianism will face immediate IRS audits, EPA enforcement actions, and no other end of Federal harrassment.

A relevant work of fiction is found here:

http://www.amazon.com/State-Disobedience-Tom-Kratman/dp/0743499204/ref=sr_1_8?s=books&ie=UTF8&qid=1326826868&sr=1-8

[libertyhoundusnr]

All it takes is the civilian posse to level the playing field.

[patriot preacher]

The NDAA does not suspend the Writ of Habeas Corpus for U.S. citizens. It does Constitutionally suspend the Writ of Habeas Corpus per Article 1 Section 9 Clause 2 of the U.S. Constitution for only those groups defined as “Covered Persons” in Section 1021 which include anyone involved in the 9/11/01 attacks, anyone who supported those involved, al-qaeda and the Taliban. They are all enemy combatants not afforded the same Constitutional rights as U.S. citizens, including the Writ of Habeas Corpus.

---

You are incorrect. Clever wording and fine print will serve the Federal Government, lawyers and bureaucrats well. The Feds most certainly CAN indefinitely detain US Citizens on US Soil. Why else would Obama say, “I have the power, but I won’t use it”? I would suggest you read sources other than mainstream media (even “mainstream ‘Conservative’ sources).

www.theblaze.com/stories/can-the-indefinite-detention-bill-send-americans-to-military-prison-without-trial/

[backwoods-engineer]

Now let’s hope those local law enforcers have a chance of surviving Obama. No doubt any of them who stand up to totalitarianism will face immediate IRS audits, EPA enforcement actions, and no other end of Federal harrassment. A relevant work of fiction is found here:

Great point.

Thomas Sherry's Deep Winter/Shatter/Remnant series covers some of the same ground, especially in the third book Remnant (free read), in which the civil war between the State of America (think blue counties) and the United States (red counties) takes place. The State of America harasses (and eventually outright murders) sheriffs and local LEOs who are opposed to its statist policies and who stand up for the Constitution.

[G Larry]

“...anyone who has 7 day’s worth of food and a gun in their home and this definition describes most all of the population of El Paso County….”

And Douglas County where we live.

El Paso is the most conservative County in Colorado and Douglas is a close 2nd.

[LucyT]

Elected County Sheriffs as per the Constitution, are the most powerful LEOs in the Nation.

. . . . Check out article, also # 7.

Related:

U.S. Sheriffs Rise Up Against Federal Government: Sheriff Threatens Feds With SWAT Team ~ Grass Roots Take Charge

As more people became dissatisfied with federal government controls and land grabs, it was inevitable that local law enforcement would eventually see the bigger picture. At the northern California fairgrounds of Yreka last month, seven California sheriffs and another from Oregon gathered with a large group of citizens to say that they are finally going to do something about it.

“A giant has been awakened,” said Plumas County, Calif. Sheriff Greg Hagwood, “and they didn’t count on that,” speaking of the federal bureaucracy.

Read More:

http://politicalvelcraft.org/2011/11/14/u-s-sheriffs-rise-up-against-federal-government-sheriff-threatens-feds-with-swat-team/

[Art in Idaho]

Is this the beginning?

[TheOldLady]

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[yefragetuwrabrumuy]

“They are all enemy combatants not afforded the same Constitutional rights as U.S. citizens...”.

But this only exists until the The Enemy Expatriation Act (HR 3166 and S. 1698) is passed. This allows the government to strip citizens of their citizenship without trial, so they can be treated as non-citizens.

The devil is in the details, in both cases, nebulous standards are applied to determine first, if a citizen’s citizenship can be taken away from them, likely by decree of the Attorney General; and then, that they can be detained indefinitely, without indictment, trial or conviction, or habeus corpus, by the US military.

And it is even indeterminate who would order the military to conduct such a detention within the United States.

The bottom line is that this is not directed at all at foreign nationals, either in other countries, or who have come to the US, but *solely* at US citizens.

Before you discount this, it is important to point out that the vast majority of Patriot Act authorizations are *not*, and *never have been* used to any great extent against either foreign terrorists or Americans believed to be involved in domestic terrorism.

Instead they are used in some cases exclusively against American citizens suspected of non-terrorist related crimes, *and* American citizens not suspected of anything, but selected near randomly for government examination.

In other words, the Patriot Act is a lie. It is an American Control Act, stripping American citizens of many or even most of their even basic legal civil rights.

[GregNH]

The NDAA does not suspend the Writ of Habeas Corpus for U.S. citizens. It does Constitutionally suspend the Writ of Habeas Corpus per Article 1 Section 9 Clause 2 of the U.S. Constitution for only those groups defined as “Covered Persons” in Section 1021 which include anyone involved in the 9/11/01 attacks, anyone who supported those involved, al-qaeda and the Taliban. They are all ,b>enemy combatants not afforded the same Constitutional rights as U.S. citizens, including the Writ of Habeas Corpus.

So we need a law to take away rights that they do not have to begin with? Right...

[MamaDearest]

....seven California sheriffs and another from Oregon gathered with a large group of citizens to say that they are finally going to do something about it....

This is NOT going to make the corruptocracy happy. Their obedient democrat/liberal/progressive judges will make certain of it.

[who_would_fardels_bear]

"we have a chance of surviving Obama"

You're dreaming if you think it's only Obama, or only the Democrat Party, we have to fear.

[who_would_fardels_bear]

This reeks so much of 1984. Ever since 9/11 we have been told that we are at war, and will always be at war.

We are all potential terrorists in the eyes of a paranoid, or corrupt, government.

The fact that Obama had to write himself an executive order to "not" use the NDAA is reason enough for me to worry.