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United States v. $35,131
Powerline ^ | Scott Johnson

Posted on 04/06/2012 4:06:04 AM PDT by Lonesome in Massachussets

Reader Rob Carty has directed our attention to this week’s opinion by Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas in the forfeiture case of The United States of America v. $35,131.00 in United States Currency. Mr Carty briefly summarizes the decision:

Judge Hughes spanked Homeland Security for tricking an American family into “evading” their duty to report how much cash they were taking out of the country. It contains some very choice words. My favorite quote: “In addition to overreaching the people whom they are to serve, three officers wasted one-half day watching four others embarrass themselves.”

Here is my favorite quote:

A lack of leadership at the agency allowed this. Its mission statement – which none of the officers could recall at the trial – is to serve the American public with vigilance, integrity, and professionalism. They displayed none of these. The agency says that integrity is its cornerstone; that its officers are guided by the highest ethical and moral principles. A gang of armed security officers bullied this family – a family who cooperated with the officers to their detriment. Our homeland will not be secure by these rascals. They played agency games, abused the people they are to serve, and violated their oaths to support the Constitution.


(Excerpt) Read more at powerlineblog.com ...


TOPICS: Chit/Chat; Society
KEYWORDS: homelandsecurity; tsa
Judge Hughes was appointed to the Federal Bench in 1985 by President Reagan.
1 posted on 04/06/2012 4:06:08 AM PDT by Lonesome in Massachussets
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To: Lonesome in Massachussets

May he have a long and healthy life.


2 posted on 04/06/2012 4:09:33 AM PDT by Pecos (O.K., joke's over. Time to bring back the Constitution.)
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To: Lonesome in Massachussets
Obama is an UNDOCUMENTED MOSLEM TYRANT.

Want proof:


3 posted on 04/06/2012 4:10:10 AM PDT by Diogenesis ("Freedom is never more than one generation away from extinction. " Pres. Ronald Reagan)
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To: Lonesome in Massachussets

if those are actual quotes... to be honest, the thought that there is someone in the judicial system that cares about such things ... brings a tear to my eye

glimmering hope where there was none... gets to me


4 posted on 04/06/2012 4:11:26 AM PDT by sten (fighting tyranny never goes out of style)
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To: Diogenesis

Photoshop? I think if that card was legit, it would be news, no?


5 posted on 04/06/2012 4:16:40 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Travis McGee

news? no.

we already have an official investigation proving 0bama has submitted forged federal documents... and there is no coverage.

we also have a person who is british by descent AND american at birth... therefore not a natural born citizen per SCOTUS ruling minor v happersett (1874)... and no one cares. actually, it’s worse then not caring... it’s an active cover up as they ridicule and deride any that point out the obvious discrepancy

and yes, it definitely looks photoshopped


6 posted on 04/06/2012 4:21:00 AM PDT by sten (fighting tyranny never goes out of style)
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To: sten
if those are actual quotes... to be honest, the thought that there is someone in the judicial system that cares about such things ... brings a tear to my eye

I first met Judge Hughes back in 1981-82 when he was a sitting state District Judge in Harris County. A real fine man. I can personally vouch for the integrity of Judge Lynn Hughes. He has always shined when making rulings of this nature best I can recall. A rare breed indeed.

7 posted on 04/06/2012 4:24:09 AM PDT by Ron H.
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To: Lonesome in Massachussets

$40,000 in walking around cash and guessed that they had half that amount. If I asked 99% how money they brought along for you vacation they would not be $20,000 off.

Not only this, but once they get their money confiscated, they still have enough to pay an additional $1,500 for a flight and continue their two month trip. I wonder how these refugees obtained their money? Even if they did so legally you can see why some red flags went off.


8 posted on 04/06/2012 4:33:21 AM PDT by BushCountry (I hope the Mayans are wrong!)
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To: BushCountry

Arg... clicked post twice before editing.


9 posted on 04/06/2012 4:34:33 AM PDT by BushCountry (I hope the Mayans are wrong!)
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To: Diogenesis

Sure looks like a forgery to me. It’s the “In the City of New York” part. I know Columbia used to be “Kings College”, but I am surprised they still the crown as a logo.

And the “card number” is way-way too big. Seven digits would be too many.


10 posted on 04/06/2012 4:45:13 AM PDT by Lonesome in Massachussets (Keith Olbermann: Ahh, but the strawberries that's... that's where I had them.)
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To: BushCountry

I kinda go along with Scott Johnson’s reasoning. They were not sure if travelers checks are currency for the purpose of declaration (I would not be sure either). Homeland Security Department rules apparently call for agents to assist people when making declarations. They said they were not sure. I am not sure whether or not travelers checks are currency, but I think I tell entrapment when I see it.

The family name was Jones, it may have been an American born man married to a Somali woman. It may have been a once in a lifetime visit for the kids to see their grandmother and to see their mother’s native country.


11 posted on 04/06/2012 4:51:43 AM PDT by Lonesome in Massachussets (Keith Olbermann: Ahh, but the strawberries that's... that's where I had them.)
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To: Lonesome in Massachussets
If a department lost a portion of their budget based upon how much the cost the government in a court case - crap like this would be stopped or else the departments would be half their size without a vote in Congress. The EPA has been losing cases left and right for a year. If they had to do more than pay attorney fees they would be a little easier on the citizens.

It might help a few cosnervative politicans to make departments PAY up by losing funding and positions everytime there is judical smack down.

12 posted on 04/06/2012 5:03:59 AM PDT by q_an_a (the more laws the less justice)
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To: Diogenesis

Ummm... that is so obviously a forgery that it is embarrassing. There were no UPC codes in public use in 1981. That particular code (39) began to be used only by the Department of Defense (and no one else) that very year.


13 posted on 04/06/2012 5:17:17 AM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: sten; Ron H.

“In a succinct one-page ruling, U.S. District Court Judge Lynn N. Hughes of the Southern District of Texas declared that the law authorizing the government to obtain cellphone records without a search warrant was unconstitutional.

“The records would show the date, time, called number, and location of the telephone when the call was made,” Judge Hughes wrote in the decision, dated Nov. 11. “These data are constitutionally protected from this intrusion.””

http://blogs.wsj.com/digits/2011/11/16/judge-declares-law-governing-warrantless-cellphone-tracking-unconstitutional/


14 posted on 04/06/2012 5:20:25 AM PDT by expat1000
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To: BushCountry

—If I asked 99% how money they brought along for you vacation they would not be $20,000 off.—

I just read the entire article.

Interestingly, they had $20,000 in cashiers checks and less than the $20,000 he guessed in actual money.

If they are gonna be literal about it, I think the best way to get money out of the country is in $25 gold pieces. 399 of those would be less than $10,000 face value. You’d be golden.

I suppose my junk silver would work well too. How about 9,000 morgan silver dollars?


15 posted on 04/06/2012 5:39:26 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: BushCountry

If I wanna put 40 grand in my pocket and walk around with it, what business is it of the federal governments??? I have a right to be secure in my person and papers, I think those words are somewhere in that pesky little document, the constitution. Another example of the slow creep of totaltarianism into our lives...


16 posted on 04/06/2012 5:44:25 AM PDT by joe fonebone (Project Gunwalker, this will make watergate look like the warm up band......)
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To: andy58-in-nh
http://inventors.about.com/od/bstartinventions/a/Bar-Codes.htm First "Modern looking" UPC system was installed for use at a Marsh grocery in 1973 ~ you are off about a decade.
17 posted on 04/06/2012 5:59:26 AM PDT by muawiyah
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To: joe fonebone

Exactly. If I want to insulate my long johns with c-notes, why is that anyone’s business but my own?


18 posted on 04/06/2012 6:01:56 AM PDT by IronJack (=)
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To: muawiyah
UPC bar codes of that type did not come into popular usage until the late 80s and early 90s, in supermarkets first, but certainly not ever on a college ID in 1981. They simply did not exist in such a form at that time because there were no commercially-available devices to read them (outside of a laboratory).

I went to a similarly-appointed college (graduated in '80) and I still have my ID (a small laminated Polaroid card). The Columbia ID in the photo is far too graphically modern to have been produced anywhere near the same time period.

19 posted on 04/06/2012 6:22:37 AM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: Lonesome in Massachussets

Travelers Checks count under the restrictions?


20 posted on 04/06/2012 6:25:36 AM PDT by G Larry (We are NOT obliged to carry the snake in our pocket and then dismiss the bites as natural behavior.)
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To: Travis McGee

I doubt they would put “foreign student” on a University ID. Using the word “foreign”in describing an “international” student would be politically incorrect.

This kind of false information is distributed in an attempt to discredit all questions about Obama’s background. It’s getting old.


21 posted on 04/06/2012 6:55:21 AM PDT by SaraJohnson
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To: andy58-in-nh; muawiyah
I did a MA in the mid-80s and strangely enough, I happen to have my student I.D. card in a box behind my desk.

In looking at it, there is a magnetic strip along the lower part of the back of the card.
There is no bar coding on the card.
It is a thick plastic photo ID. (I had a lot more hair back then)
Card is from a major mid-western University circa 1985.
22 posted on 04/06/2012 7:01:33 AM PDT by Tainan (Cogito, ergo conservatus sum)
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To: IronJack

That’s the fact, Jack... :) I am amazed at how many so called conservatives not only allow the creep of totaltarianism into their lives, but actually applaud it (the patriot act is a prime example).. I guess that is why I can no longer call myself conservative. As the gipper once said (paraphrased) I did not leave conservatism, conservatism left me....


23 posted on 04/06/2012 7:02:05 AM PDT by joe fonebone (Project Gunwalker, this will make watergate look like the warm up band......)
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To: Tainan

Scopes says it’s a rework of a 1998 student ID anyway.


24 posted on 04/06/2012 8:43:09 AM PDT by muawiyah
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To: Tainan

In recent years, I’ve discovered why people should never keep old ID cards: the damn picture keeps getting younger. ;-)


25 posted on 04/06/2012 9:11:33 AM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: G Larry

Apparently, they do.


26 posted on 04/06/2012 9:34:07 AM PDT by Lonesome in Massachussets (Queeg Olbermann: Ahh, but the strawberries that's... that's where I had them.)
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To: Lonesome in Massachussets

I would never declare Traveler’s Checks.

The law says “currency” and they are NOT currency.


27 posted on 04/06/2012 9:38:38 AM PDT by G Larry (We are NOT obliged to carry the snake in our pocket and then dismiss the bites as natural behavior.)
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To: G Larry

I don’t know what the law says, but apparently the Homeland Security form includes cash-like instruments. Regardless, I’m gratified with the judge’s ruling.


28 posted on 04/06/2012 9:54:41 AM PDT by Lonesome in Massachussets (Queeg Olbermann: Ahh, but the strawberries that's... that's where I had them.)
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