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Janet Napolitano Hit with Federal Law Suit

The Thomas More Law Center has filed a federal law suit against DHS Secretary Janet Napolitano for the DHS report on right wing extremism:

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced that yesterday evening it filed a federal lawsuit against Homeland Security Secretary Janet Napolitano. The lawsuit claims that her Department's "Rightwing Extremism Policy," as reflected in the recently publicized Intelligence Assessment, "Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment," violates the civil liberties of combat veterans as well as American citizens by targeting them for disfavored treatment on account of their political beliefs.

Napolitano tried to blunt the public furor over the Report by a half-hearted apology to veterans, but she left out of her apology all of the other Americans her Department has targeted because of their political beliefs. In fact, officials in DHS now admit that their internal office of civil liberties objected to the language in the extremism report, but the Department issued it anyway.

The law suit was filed in the US District Court for the Eastern District of Michigan, I assume in Ann Arbor, on behalf of radio talk show host Michael Savage, Gregg Cunningham, President of the pro-life organization Center for Bio-Ethical Reform, and Iraqi War Marine veteran Kevin Murray. Each of these men feels his first and fifth amendments rights have been violated by the US government because it is, according to the TMLC, "attempting to chill their free speech, expressive association, and equal protection rights."

Richard Thompson, president and chief council of TMLC, argues the DHS report on the extreme right wing was politically motivated to silence those who disagree with the Obama administration:

Janet Napolitano is lying to the American people when she says the Report is not based on ideology or political beliefs. In fact, her report would have the admiration of the Gestapo and any current or past dictator in the way it targets political opponents. This incompetently written intelligence assessment, which directs law enforcement officials across the country to target and report on American citizens who have the political beliefs mentioned in the report, will be used as a tool to stifle political opposition and opinions. It will give a pretext for opponents of those Americans to report them to police as rightwing extremists and terrorists. You can imagine what happens then.

I don't know how far this law suit will go, but it will be very interesting to watch, nonetheless. I'm sure other groups such as National Right to Life, the NRA, and other right wing organizations will be watching closely, too.


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Comments (26)

The entire Department of Ho... (Below threshold)
bryanD:

The entire Department of Homeland Security needs to be abolished and Bushbots are the worst chess playaz evah!

Expound? George Bush himself was not shy in publicly branding certain law-abiding American citizens as "vigilantes" and by implication racist economic saboteurs. Then Bush hands the keys to DHS off to MysteryPresident2008. Are you "getting it"* now?

*pun intended.

"I don't know how... (Below threshold)
Jake:


"I don't know how far this law suit will go..."

Let me give you the fast track to your answer: It will be thrown out of court.

"...but it will be very interesting to watch, nonetheless."

No, it really won't. This is the very definition of "frivolousness law suit".

Add abuse of power to the s... (Below threshold)
914:

Add abuse of power to the suit and sue Her uggly ass.

Wasn't this report started ... (Below threshold)
jp2:

Wasn't this report started long before she got into office?

Uggly? Is that a derivation... (Below threshold)
hyperbolist:

Uggly? Is that a derivation of Uggla?

Uggly: adj.; def: 1) a disposition towards being a power-hitting National League second baseman; 2) committing multiple errors in an All-Star game; 3) one or both of 1 & 2, combined with a teal uniform with a fish on it.

Hooray! I hope that more s... (Below threshold)
TOhio:

Hooray! I hope that more suits are filed because we need to fight back every time Obama and his people do this stuff.

This DHS report was no accident. If they got away with this report, then they knew that they could get away with more.

I say EXPOSE everything they're doing as much as possible because it will hopefully wake people up to the treachery of the left. These people are extreme socialists and they intend to take away our liberties and destroy capitalism.

No thats latin for butt ugg... (Below threshold)
914:

No thats latin for butt uggly. with an extra oomph on the uggly part.

It was just 14 years ago th... (Below threshold)
Paul Hooson:

It was just 14 years ago that right wing extremists Timothy McVeigh and others conspired to blow up Social Security offices in Oklahoma, killing many people. The DHS cannot have it's hands tied to not investigate all potential forms of terrorism, whether they be Al Qaeda, anarchists, Maoists, the far right, or any other potential threat. Any groups that act out of the mainstream in that they advocate violence, no matter who they are deserve investigation by DHS. Any group that advocates buying huge amounts of fertilizer to build bombs rather than a civil public discussion deserves the full weight of law enforcement to protect the public. Terrorism and political violence are wholly unacceptable. It's sad that any legitimate persons would even sue to protect potential terrorists. But likely, such a foolish lawsuit will go nowhere.

Paul and you other extreme ... (Below threshold)
WildWillie:

Paul and you other extreme left wing believers, first the FBI targeted a man at Ruby Ridge that resulted in the shooting of his son and wife. A very poor decision. Then we had Clinton and staff turn American tanks on its citizens. I don't care how nutty they are, the FBI, Reno and Clinton have the blood of all those people in Waco. McVeigh said it was what happened at Waco, where he was for a time watching from the road, that set into motion his bombing of the federal building. All poor choices, but it wasn't "right wing" belief or a disgruntled war veteran that caused McVeigh to do what he did. It was the federal government itself that set him off. Of course extremism is not good on either side. I believe Hyper, Paul Hooson, and Bruce are extremist thinkers. Heaven forbid what the government can do to stifle your thought process. I would think the liberal thinker would very much support this action. ww

So can we conclude based on... (Below threshold)
mantis:

So can we conclude based on his defense of the motives of McVeigh that WildWillie is a terrorist supporter then? After all, if anyone on this site were to offer reasons for Islamic terrorist attacks on America based on our actions, that person would be called a "Blame America First" dhimmi, a terrorist appeaser, etc.

Oh, I forgot. It's ok when you're blaming Clinton.

it wasn't "right wing" b... (Below threshold)
Brian:

it wasn't "right wing" belief or a disgruntled war veteran that caused McVeigh to do what he did. It was the federal government itself that set him off.

Wow, willie. You sound just like those who say the terrorists didn't cause 9/11, but rather it was the US government that set them off. Interesting to see you take that position.

It is true left wingers lov... (Below threshold)
WorldCitizen:

It is true left wingers love to follow careers in law enforcement. My local police force are a bunch of tree hugging hippies that give out tickets for violations of the "law", if you can believe that. And the FBI and CIA are staffed and run by former Weathermen and Greenpeace wackos.

WildWillie, I'm a mainstrea... (Below threshold)
Paul Hooson:

WildWillie, I'm a mainstream liberal businessman and hardly any more extreme in my views than some liberal businessman like Michael Bloomberg. A DHS report that merely identifies some elements that may be prone to domestic terrorism of some sort only seems reasonable to me, and is hardly an infringement on a free press or free assembly. In the case of Ruby Ridge, Waco and other situations, fugitives from warrants always had the opportunity to surrender to justice rather than involve others, or use women and children as human shields to avoid arrest. Creating hostage situations such as this don't always turn out well and often kill innocent persons.

Randy Weaver had involvement with the radical Aryan Nations movement, a big stockpile of illegal weapons such as sawed off shotguns, often used for bank robberies or other crimes, and made violence threats against the president. Government prosecutors had offered Weaver a deal to act as an informant on his fellow radicals, but instead chose a shootout with federal agents that killed a federal agent, as well two Weaver family members.

In the case of the Waco gun-battle at the David Koresh, Branch Davidian Cult, complex, Koresh refused to summit to a government search warrant largely aimed at looking for evidence of child sex abuse at the complex. Koresh and his supporters stockpiled live handgrenades, armor piercing ammunition, grenade launchers and many other forms of highly dangerous and illegal weapons.

In which of these two cases, Wildwillie, do you believe that the government had no legitimate role to act with warrants? In both cases, radical suspected criminals stockpiled huge amounts of illegal dangerous arms and in the case of Waco endangered young children. In either case, these guys could have simply behaved like normal citizens and not engaged in their outrageous arms hoarding or other behavior. I don't understand defending these sorts of people.

At any rate, I've very sick with the flu or something today. So I'm not going to debate all day with some persons who want to justify hoarding illegals arms like grenade launchers or child sex abuse today. If some people such as Timothy McVeigh and others like him fail to understand that such behaviors are very wrong, then it's pointless trying to use logic to discuss this here today.

Paul, if you have what's go... (Below threshold)
epador:

Paul, if you have what's going around here, it will last 2-3 days. If you have bad lungs, be especially careful - I had to manage 5 admissions last week with this.

As far as you and WW duking it out over April 19th, there's plenty of blame to spread around on all sides, this has been dissected by many for years and still a point of controversy for many.

As far as the topic of the post, the INTENT of the memo was to alert agencies about recruiting tactics of dangerous extremist groups. It was very provocative to the right and veterans groups. In this polarized atmosphere, the current back and forth is sadly predictable. And a sad waste of time for everyone.

I wouldn't read too much in... (Below threshold)
hyperbolist:

I wouldn't read too much into what Willie has to say. It's not like he thought about it before clicking "Submit". It's not like he read what he had just typed, realized that he had just placed himself squarely in the 'Blame America First' camp, and then said "Suck on this little tidbit of geniusness, self-loathing America-loathers!"

Paul, I am with you. I just... (Below threshold)
WildWillie:

Paul, I am with you. I just returned from the doc cause of this "bug".

Nowhere did I defend Ruby Ridge, Waco or McVeigh. I am lumping Janet the DHS wizard who said McVeigh was a war veteran. She equated with his serving to what he did, but in fact McVeigh himself said what he observed at Waco is when he turned against the government. So, you Hyper and the rest of the extreme left take my words as you will, have your fun, it is so grown up.

Get well and we will fight another day. ww

Napolitano should be sued a... (Below threshold)
Alan:

Napolitano should be sued and by more people! Because i am a tax-payer/voter, i believe i

jp2 - "Wasn't this repo... (Below threshold)
marc:

jp2 - "Wasn't this report started long before she got into office?

And that matters how? She signed off on the report, she owns it.

As for the suit itself....

Horseshit, the first judge that hears it tosses it in the wastebin based on the the Government having sovereign immunity.

28 U.S.C. S 2680(h) provides that the government is not liable when any of its agents commits the torts of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. However, it also provides an exception. The government is liable if a law enforcement officer commits assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. The government is not liable if the claim against law enforcement officers is for libel, slander, misrepresentation, deceit, or interference with contract. Congress has not waived the government's sovereign immunity against all law enforcement acts or omissions.

Hello Wildwillie, you know ... (Below threshold)
Paul Hooson:

Hello Wildwillie, you know I respect and like you. Nowhere did I mean to infer that you supported the justifications that Timothy McVeigh himself used to bomb the Oklahoma City Social Security offices which dispense aid to retired or handicapped persons. It was McVeigh's own warped reasoning that promoted this violence.

Get feeling better WildWillie. I'm sick as a dog today with this virus stuff myself, and my lungs hurt really bad. A nice phone call by my 29 year old blonde girlfriend helped to cheer me a little. 53 year old guys need cheer sometimes. Especially when they don't feel so good.

Dr. Epador's warning that he had to admit 5 into the hospital last week because of this virus stuff is a pretty good warning that this isn't very good stuff to fool with. You apparently did right according to Dr. Epador's warning to get yourself checked out, WildWillie. Get well. God bless you, guy.

"A DHS report that merely i... (Below threshold)
JB:

"A DHS report that merely identifies some elements that may be prone to domestic terrorism of some sort only seems reasonable to me"

Some elements? Quite an understatement.

"Conservative" is the new "witch".

paulref post 8.</p... (Below threshold)
retired military:

paul

ref post 8.

So wiretaps for possible terrorists out of the country is bad but investigating folks as long as they are on the extreme right and american citizens is fine correct?

I don't think you were defe... (Below threshold)
hyperbolist:

I don't think you were defending McVeigh, Willie. However, someone could make the same statements you made about rightwing kooks but instead apply them to 9/11 hijackers and the argument would have the same form.

Just because we can sometimes empathize a tiny little bit with people who do awful things, doesn't mean we're making excuses for them.

hyperbolist, weren't you be... (Below threshold)
SMaria:

hyperbolist, weren't you beclowned recently over the number of violent nuts on the right vs the left?


It's not this report itself... (Below threshold)
Lord Ben:

It's not this report itself that offends me, but the fact that they're completely willing to paint domestic terrorists as anti-abortion, republican, small government types (IE, me) but completely unwilling to point out that other terrorists are radical Muslims from the Mideast...

If we're going to profile, at least do it right.

Yeah, I did concede that th... (Below threshold)
hyperbolist:

Yeah, I did concede that there are some violent leftists, perhaps even as many as there are conservative ones. What does that have to do with what I said to Willie?

Actually, Hyper, you came u... (Below threshold)
SCSIwuzzy:

Actually, Hyper, you came up with what? You conceded nothing, just slinked off.
I'll spot you McVeigh and Eric Rudoplh, even throw in Dr Anthrax (evidence points to him being more nuts than politically motivated, but I'll give him to you).
Now, make your list of violent right wing nuts in America that exceeds my list of left wing nuts.
As I said before, put up, or shut up. My offer still stands: scotch vs beer.




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