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Local sheriff defends farmer from FDA intrusion
American Vision News ^ | 12/08/2011 | Joel McDurmon

Posted on 12/09/2011 8:34:45 AM PST by SeekAndFind

Brad Rogers, Sheriff of Elkhart County, Indiana, is withstanding FDA bureaucrats who are harassing citizens in his county. The Complete Patient reports,

The U.S. Justice Department has withdrawn its subpoena of Indiana raw dairy farmer Richard Hochstetler to appear before a federal grand jury.

He was scheduled to testify tomorrow in Detroit, in connection with an outbreak of illnesses linked by public health officials, including the U.S. Food and Drug Administration, to the milk of his Forest Grove Dairy. But yesterday he received a certified letter saying that his subpoena was being withdrawn.

The withdrawal came after Roger’s Sheriff’s Department told the FDA to back off:

He wrote two letters to the Justice Department warning it not to conduct inspections of Hochstetler’s farm without a warrant from a local judge. In the process, he got into a debate over the limits of federal power and the U.S. Constitution with the Justice Department’s Goldstein.

Earlier this month, Rogers emailed Goldstein that there had been “a number of inspections and attempted inspections on (Hochstetler’s) farm…” He warned that “any further attempts to inspect this farm without a warrant signed by a local judge, based on probable cause, will result in Federal inspectors’ removal or arrest for trespassing by my officers or I.”

Finding itself losing battles on local food control lately, the FDA has been itching to make a public example of someone, and it appears Hochstetler is such a target. Yet its allegations of illness fly in the face of the evidence as “extensive testing of Hochstetler’s milk in 2010 had shown no signs of campylobacter.” Nevertheless, “FDA officials had targeted Hochstetler and another farmer, Richard Hebron, of Family Farms Co-op, in meetings in 2009.” It’s clear the FDA is just trying to create a publicity case—a not-uncommon tactic in Federal history.

But now not only its evidence but its tactics are being withstood. A Kentucky Food Freedom blog explains the inspiration behind men like Rogers:

Sheriff Brad Rogers is member of the County Sheriff Project, a project that Richard Mack (one of the five Sheriffs that stood against the Brady Bill) and others began as an effort to educate its members on their oath to uphold the Constitution and stand up for the citizens against federal tyranny.

Elkhart County Sheriff Brad Rogers was well informed on the rights of his citizens and took action to protect them against the overreaching arms of the DOJ, the FDA, and the USDA.

When asked about the legal attacks, the Amish Hochstetler responded in faith: “I never got too excited about it. It is spiritual warfare between good and evil and if we have God on our side, we will win.”

Having God on your side means having His righteous law on your side, and it’s good to have a local sheriff with the knowledge and courage to stand against unnecessary Federal intrusions into their local jurisdictions. If we are to restore freedom in America, it must begin with God, and it must begin locally. For more on restoring local sovereignty, read here.

For those farmers already tied up in the court process, there is the Farm-to-Consumer Legal Defense Fund ready to help. Check to see how your state views raw milk sales and learn what you can do to further the cause of food freedom.

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TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: constitution; fda; sheriff

1 posted on 12/09/2011 8:34:54 AM PST by SeekAndFind
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To: SeekAndFind

Hooray for sheriff Brad! I’ve developed such a disdain for government agencies such as the FDA, TSA...


2 posted on 12/09/2011 8:42:16 AM PST by ransacked
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To: SeekAndFind

Good post. We need more officers like this.


3 posted on 12/09/2011 8:43:17 AM PST by aimhigh
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To: SeekAndFind

It’s interesting that your local Sheriff (based in English common law?) could be one of the major ways of combating the onslaught of the 0bamaNation.


4 posted on 12/09/2011 8:43:31 AM PST by Paladin2
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To: SeekAndFind

I wonder if County Sheriffs can stand up to Agenda 21 incursions?


5 posted on 12/09/2011 8:46:39 AM PST by E. Pluribus Unum (Holding our flawed politicians to higher standards than the enemy’s politicians guarantees they win)
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To: Paladin2
It’s interesting that your local Sheriff (based in English common law?) could be one of the major ways of combating the onslaught of the 0bamaNation.

Didn't Joe Arpiao say something like that right after the imaculation?

6 posted on 12/09/2011 8:50:41 AM PST by Cowman (How can the IRS seize property without a warrant if the 4th amendment still stands?)
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To: ransacked
He warned that “any further attempts to inspect this farm without a warrant signed by a local judge, based on probable cause, will result in Federal inspectors’ removal or arrest for trespassing by my officers or I.”

this is quite amazing, and impressive.

I work in an industry regulated by the FDA, and they are a bureaucratic nightmare. They will seize millions of dollars for testing, with no replies on when they might release it, reasons for doing so, without explanation. In my view, they have basically unlimited power and could bankrupt any business overnight if they chose to do so.

7 posted on 12/09/2011 8:51:01 AM PST by PGR88
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To: SeekAndFind
Earlier this month, Rogers emailed Goldstein that there had been “a number of inspections and attempted inspections on (Hochstetler’s) farm…” He warned that “any further attempts to inspect this farm without a warrant signed by a local judge, based on probable cause, will result in Federal inspectors’ removal or arrest for trespassing by my officers or I.”

Well done, Sheriff. Well done indeed. The only thing that would have topped this off nicely would have been including a copy of the Indiana law covering the use of deadly force against armed trespassers by private citizens.

L

8 posted on 12/09/2011 8:53:57 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: SeekAndFind

As I recall, federal officials are required to get the permission of a local Sheriff before they can do anything within a county. In the hierarchy of law enforcement protocol, a County Sheriff trumps everyone. This law is virtually never enforced though, but it is on the books.


9 posted on 12/09/2011 8:54:01 AM PST by BuffaloJack (Defeat Obama. End Obama's War On Freedom.)
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To: SeekAndFind

This could be the line in the sand we’ve been looking for.


10 posted on 12/09/2011 8:55:21 AM PST by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: SeekAndFind

Never underestimate the constitutional authority of the local sheriff.


11 posted on 12/09/2011 9:08:29 AM PST by capt. norm (Blessed are they who can laugh at themselves for they shall never run out of material. c)
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To: SeekAndFind

It’s easy for me to imagine the FDA meeting where they decide to specifically target an Amish guy, figuring that he’d be the least likely to have sophisticated legal defenses available.


12 posted on 12/09/2011 9:13:52 AM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: SeekAndFind

Nice Work Autobots..destroy those punk-bi#$h Decepticons!!


13 posted on 12/09/2011 9:18:25 AM PST by rwoodward ("god, guns and more ammo")
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To: Paladin2

It was my understanding for years that the Sheriff was the highest elected official in a county. And as such, any Federal law enforcement activity in his county had to have his approval. Am I correct? Does anyone know?


14 posted on 12/09/2011 9:28:07 AM PST by Citizen Tom Paine (An old sailor sends)
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To: SeekAndFind; Mr. Silverback; cripplecreek; NoLibZone; Lucky9teen; Pete; bicyclerepair; apillar; ...

Pinging the Agenda21 folks!

This is about the FDA interference of Farmers selling fresh products directly to the public...and a local sheriff stood up to them.

For other information on this subject, I just received this email regarding the efforts of sheriffs on behalf of our Constitution:

Sheriff’s Stand To Help Save America - Following Our Founding Fathers:

Please consider donating $1.00 (more is better!) It would be ‘something’ to give encouragement to the courageous action of dedicated sheriffs who need to meet on Jan. 30, 2012 for the saving of America. With the betrayal of our federal government, if the military/police follow their orders...our sheriffs who stand with the constitution are a great hope for America. They need our support and prayers:

http://www.cspoa.org/
http://www.countysheriffproject.org/
http://www.sheriffmack.com/
http://www.defendruralamerica.com/DRA/Home.html

~~~~~~~~~~~~~

However, if you feel uncomfortable with sending any personal info over the net, I’m sure that you as a FReeper have other ways to support this worthy effort. Some of the sites give snail mail addresses for those who have the concern about using credit cards online, etc.

If you want to be on or off the Agenda 21 ping list, please notify me by Freepmail. It is a relatively low volume list in which we have been exploring the UN Agenda21 and related topics. We have collected our studies with threads, links, and discussions on the Agenda 21 thread which can be found here:

http://www.freerepublic.com/focus/f-news/2738418/posts?q=1&;page=509#509


15 posted on 12/09/2011 9:36:12 AM PST by TEXOKIE (... and Merry Christmas to all FREEPERS EVERYWHERE!)
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To: SeekAndFind

Historically, the Sheriff is the only true deputy of the people. Elected locally, his authority is granted from the people’s own, natural and God given right to self defense. Town Cops traditionally were not agents of the law but administrative citizen arrests. This is why the Jails were run by the Sheriffs. Town or City cops had to take those they arrested to “County”, to the “Count”. If he or the Sheriff did not agree to retain them in custody, they were and had to be lawfully released, as it was ONLY the Sheriff who could detain a citizen.

We need to return to this principle. Local cops, nor the Feds, can cross that line, except, in the case of fraud or abuse. In which case it should first be the State Governor who steps in before the Feds. Leaving the Feds as a means of last resort should the entire state be corrupt or turning a blind eye, as in the cases of racism in the South.


16 posted on 12/09/2011 9:44:08 AM PST by Waywardson (Carry on! Nothing equals the splendor!)
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To: Citizen Tom Paine

Largely myth. The power of the office is defined by the states. Some states grant considerable authority to sheriffs, others much less.

In my state, Texas, the County Sheriff lives in mortal fear of the Texas Rangers who have statewide authority, and the commissioner’s court that holds the purse strings. Want to see a Texas sheriff sweat bullets, let the rangers drive up to inspect the jail, or catch him/her (Dallas county sheriff is female) waiting to testify before the commisioner’s court to beg for overtime money.


17 posted on 12/09/2011 10:07:34 AM PST by Melas (u)
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To: Paladin2

hillsborough County, Florida’s Sheriff[Davidn Gee] would be too afraid of losing his Federal Grants to stand up to them.


18 posted on 12/09/2011 10:13:34 AM PST by sport
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To: Paladin2

Hillsborough County, Florida’s Sheriff[Davidn Gee] would be too afraid of losing his Federal Grants to stand up to them.


19 posted on 12/09/2011 10:14:22 AM PST by sport
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To: BuffaloJack

It’s not enforced because it’s not true. I defy anyone to show me this anywhere on the books. The truth is that the power of the County Sheriff varies wildly from state to state.

Some states like Massachusetts, the sheriff isn’t even involved in law enforcement. The sheriff’s department there is relegated solely to running the jail, and acting as badged process servers.

Other places like New York and parts of Colorado, the sheriff isn’t even an elected official. It’s a largely ceremonial position, and the sheriff is appointed by, and serves at the pleasure of the mayor.

Other states like Alaska and Connecticut have done away with the position altogether and it simply does not exist in those states.

Reading this thread, it’s obvious that many FReepers have confused tradition with codified law.


20 posted on 12/09/2011 10:29:11 AM PST by Melas (u)
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To: Melas

“Other places like New York and parts of Colorado, the sheriff isn’t even an elected official.”

Where do you get your information? You have been misinformed.

I live in NY. Our County Sheriff is an elected official. He is the head of the County Sheriff Department which is our primary law enforcement agency. He is the top law enforcement officer in the county.

His role is most certainly not “largely ceremonial”.


21 posted on 12/09/2011 10:50:34 AM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: Nik Naym

My bad. It’s honestly a typo. I meant to type New York City. If you have doubts about the NYC sheriff, look it up.


22 posted on 12/09/2011 10:55:47 AM PST by Melas (u)
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To: Citizen Tom Paine
It was my understanding for years that the Sheriff was the highest elected official in a county.

Correct

And as such, any Federal law enforcement activity in his county had to have his approval.

No one answer can fit all here. In some counties, the Sheriff is busy enough and doesn't need the distraction of worrying about Federal Agencies. Federal Agencies carry out law enforcement activities all the time without notifying a given County Sheriff. BUT, as chief law enforcement officer in the County, a Sheriff is within the law to demand that other law enforcement agencies have a search warrant if something about what they're doing is suspicious.

My belief also, is that if a Governor of a State has evidence of Federal malfeasance, he can withdraw the peace officer status of Federal officers in his State. You can see the problems with this though. If a search warrant is to be served, Deputy Sheriff's will have to serve it, thus dragging the local Sheriff's Department into cases in which they have no real interest.

Democrat Governors might revoke the peace officer status of Federal officers during a Republican administration, and Republican Governors might revoke the peace officer status of Federal officers of a Democrat Administration. Presently both sides generally leave well enough alone.

23 posted on 12/09/2011 10:56:27 AM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise
It was my understanding for years that the Sheriff was the highest elected official in a county.

Correct

Incorrect. The sheriff is the highest elected official, chief law enforcement officer in the county in which he resides etc, etc, in those states where the state constitution declares it so. Some do, some don't. It is not uniform from state to state.

24 posted on 12/09/2011 11:03:27 AM PST by Melas (u)
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To: TEXOKIE

Thanks for the ping!


25 posted on 12/09/2011 11:04:39 AM PST by Alamo-Girl
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To: Nik Naym

Totally off topic, but if a resident of NYC is a New Yorker, what do you call residents of the state who don’t reside in NYC?


26 posted on 12/09/2011 11:04:52 AM PST by Melas (u)
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To: Melas

Well ok. One size doesn’t fit all.


27 posted on 12/09/2011 11:05:26 AM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: JustaDumbBlonde

You might be interested in this thread.


28 posted on 12/09/2011 1:14:14 PM PST by afraidfortherepublic
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To: Melas

Totally off topic, but if a resident of NYC is a New Yorker, what do you call residents of the state who don’t reside in NYC?

_______________________

Overtaxed


29 posted on 12/09/2011 1:41:22 PM PST by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: TEXOKIE; Amityschild; AngieGal; AnimalLover; Ann de IL; aposiopetic; aragorn; auggy; autumnraine; ..

ABSOLUTELY INDEED:


PING TO END TIMES LIST. PLEASE SEE REFERENT POST AT #15

Pinging the Agenda21 folks!

This is about the FDA interference of Farmers selling fresh products directly to the public...and a local sheriff stood up to them.

For other information on this subject, I just received this email regarding the efforts of sheriffs on behalf of our Constitution:

Sheriff’s Stand To Help Save America - Following Our Founding Fathers:

Please consider donating $1.00 (more is better!) It would be ‘something’ to give encouragement to the courageous action of dedicated sheriffs who need to meet on Jan. 30, 2012 for the saving of America. With the betrayal of our federal government, if the military/police follow their orders...our sheriffs who stand with the constitution are a great hope for America. They need our support and prayers:

http://www.cspoa.org/
http://www.countysheriffproject.org/
http://www.sheriffmack.com/
http://www.defendruralamerica.com/DRA/Home.html

~~~~~~~~~~~~~

However, if you feel uncomfortable with sending any personal info over the net, I’m sure that you as a FReeper have other ways to support this worthy effort. Some of the sites give snail mail addresses for those who have the concern about using credit cards online, etc.

If you want to be on or off the Agenda 21 ping list, please notify me by Freepmail. It is a relatively low volume list in which we have been exploring the UN Agenda21 and related topics. We have collected our studies with threads, links, and discussions on the Agenda 21 thread which can be found here:

http://www.freerepublic.com/focus/f-news/2738418/posts?q=1&;page=509#509


30 posted on 12/09/2011 2:24:10 PM PST by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: SeekAndFind

Federal law officers have zero power outside of federal territories and federally owned land which is why they always get atleast 1 local officer to accompany them on an arrest...

This sherrif is smart enough to know the law which is why the FDA backed down.

It doesn’t want people learning the law...


31 posted on 12/09/2011 2:37:18 PM PST by phockthis
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To: Melas; Citizen Tom Paine

It was unfortunate the Rangers didn’t exercise their authority back in 1993 in the Waco-Branch Davidian debacle. Might have saved a lot of lives. Of course, Ann Richards was Governor then.


32 posted on 12/09/2011 2:45:38 PM PST by tarheelswamprat
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To: BuffaloJack
As I recall, federal officials are required to get the permission of a local Sheriff before they can do anything within a county. In the hierarchy of law enforcement protocol, a County Sheriff trumps everyone.

You are correct, the Sheriff is THE CHIEF LAW ENFORCEMENT OFFICER for his County (or Parish). As such he can tell the FBI to take a hike. He also has the authority to authorize (or veto) possession of Class III firearms by a private citizen w/in his domain. Class III being fully automatic firearms, short barreled shotguns and rifles, suppressors, and sundry "destructive devices". Make a friend in the Sheriff and you too can play with "big boy toys".

There are several legal ways around needing his sign off on your form 4 if he should prove reluctant to sign, however they will cost more then just the $200 excise tax.

Regards,
GtG

33 posted on 12/09/2011 3:13:46 PM PST by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: TEXOKIE; Alamo-Girl; Amityschild; AngieGal; AnimalLover; Ann de IL; aposiopetic; aragorn; auggy; ...

MORE SUCH MARXIST/GLOBALIST UNCONSTITUTIONAL HIDEOUSNESS:

Federal Agents Demand Customer Lists From Mormon Food Storage Facility

http://oathkeepers.org/oath/

http://www.abovetopsecret.com/forum/thread784305/pg1


Where’s that Goldwater title . . .

NONE DARE CALL IT TREASON . . .

or conspiracy.


34 posted on 12/09/2011 4:28:43 PM PST by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: SeekAndFind

Good for the Sheriff. Now they need to leave the legitimate Marijuana farms in California, Oregon, Washington, Hawaii, Nevada and Colorado alone!


35 posted on 12/09/2011 4:34:18 PM PST by Daniyel
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To: Melas

“what do you call residents of the state who don’t reside in NYC?”

The smart ones.


36 posted on 12/09/2011 6:27:22 PM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: SeekAndFind

Encouraging to see Sheriff Mack’s education of Sheriff’s across the country is taking hold.

Sheriff’s are the ultimate law in any county. They CAN, legally, Tell feds to get out...

We can help by getting Mack’s booklet that educates Sheriff’s on the law and the responsibility of local Sheriffs to stop the unlawful intrusion of the fed on it’s citizens.

This is how we restore State’s Right - which is a crucial part of restoring our rights.

Sheriff Mack was ordered by the feds to crack down on guns in his county - he fought them back - all the way to The Supreme Court - and WON,

http://www.sheriffmack.com/

get his booklet and hand deliver it to YOUR sheriff - that way, they will not be able to say they don’t know the law...


37 posted on 12/09/2011 6:29:14 PM PST by maine-iac7 (A prudent man foreseeth the evil,... but the simple pass on, and are punished. Prov 23:3 KJV)
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To: E. Pluribus Unum

The only candidate who even knows what Agenda 21 is

http://www.youtube.com/watch?v=lVD_R2WQOVw


38 posted on 12/09/2011 6:51:05 PM PST by maine-iac7 (A prudent man foreseeth the evil,... but the simple pass on, and are punished. Prov 23:3 KJV)
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To: SeekAndFind

http://www.sheriffmack.com/

He’s teaching them!


39 posted on 12/09/2011 6:52:21 PM PST by maine-iac7 (A prudent man foreseeth the evil,... but the simple pass on, and are punished. Prov 23:3 KJV)
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To: SeekAndFind

This harassment of small farmers unfortunately goes unnoticed by most Americans.

But it is the front line in the fight between an all powerful Big Government with its big business allies, versus the little people, regular Americans, who just want to be left alone to live their lives in peace.

It is these small battles that will determine whether we survive as a free people, or a controlled mass obedient to the likes of Barack Obama.


40 posted on 12/09/2011 7:03:32 PM PST by Pelham (Islam. The original Evil Empire)
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To: ransacked
I’ve developed such a disdain for government agencies such as the FDA, TSA...

The good sheriff is going a long way to overcoming my disdain for local law enforcement. I'm guessing there are very few dogs killed by his deputies while children watch.

41 posted on 12/11/2011 7:11:53 AM PST by j_tull (I may make you feel, but I can't make you think.)
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