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ObamaCare Violates Anti-Trust Act - 2nd Article

Posted 31 Mar 2010 at 22:26 PM by spanner

Prosecutor: Agent infiltrated Christian militia (They do this with all groups even the tea party, 9-12er's etc...,)
March 31, 2010
1 hr 49 mins ago
DETROIT An undercover federal agent infiltrated a Christian militia group that authorities say plotted to incite violent revolt, and the agent built explosives under the direction of the group's suspected ringleader, a prosecutor said Wednesday. Arguing for the detention of alleged Hutaree leader David Brian Stone, 44, and six other members, Assistant U.S. Attorney Ronald Waterstreet said the agent accompanied Stone and others in a van as they tried to attend a Feb. 6 meeting of militias in Kentucky. They turned back in Indianapolis because of bad weather, but the agent recorded Stone reading a speech, Waterstreet said. In the recording, played in U.S. District Court in Detroit, a speaker identified as Stone says "now it's time to strike and take our nation back so we will be free of tyranny." Prosecutors say the group planned to make a false 911 call, kill responding police officers, then set off a bomb at the funeral to kill many more. An indictment said that after the attacks, the group planned to retreat to "rally points" protected by trip-wired explosives for a violent standoff with law enforcement personnel. Several defense attorneys objected to Waterstreet's testimony Wednesday. "All they're saying is my client has an opinion and knows how to use his mouth," Stone's lawyer William Swor said before Waterstreet played the tape. Later on the drive back to Michigan, Waterstreet said the van carrying the militia members passed a car on the side of the road with a Hudson, Mich. Police car behind it, and Stone said "We're going to pop him guaranteed." Nine suspected members of Hutaree, self-proclaimed "Christian warriors" who trained themselves in paramilitary techniques in preparation for a battle against the Antichrist, were arrested after a series of raids across the Midwest. All have been charged with seditious conspiracy, or plotting to levy war against the U.S. Federal officials said they began monitoring the militia last summer and believed an attack was planned for April. Waterstreet said Hutaree was planning training that month where they would kill people that "came upon them." Court documents said the undercover FBI agent and a cooperating witness were part of the federal probe. Eight suspects were arraigned Wednesday in Detroit. U.S. District Court Magistrate Judge Donald A. Scheer entered not guilty pleas on behalf of seven who stood mute to the charges, including David Brian Stone. Stone's eldest son, 21-year-old Joshua Matthew Stone, was the only one who spoke up. He pleaded not guilty. Detention hearings for six defendants followed, but the judge didn't issue a ruling. Two more are scheduled for Thursday. The ninth suspect appeared in court in Indiana but no plea was entered. In arguing for detention, Waterstreet told the court the suspects' conduct was at issue. "It's not about a religious group," Waterstreet said. "It's not about the militia. It's about a group who decided to oppose by force the U.S. By using violence and weapons." Waterstreet described the hierarchy of Hutaree, saying David Brian Stone led the militia and Joshua Matthew Stone was a squad leader. He said David Brian Stone Jr., the elder Stone's 19-year-old son, was in charge of detonations and explosives. He said Kristopher Sickles, 27, of Sandusky, Ohio led the militia in that state and others charged in the case had responsibilities including communications and recruitment. He said Michael David Meeks, 40, and Thomas W. Piatek, 46, of Whiting, Ind. Were "heavy gunners" in charge of "laying down heavy fire" in encounters with the enemy. Meeks was one of those expected to face a detention hearing Thursday. A lawyer for Meeks said evidence would be presented that distinguishes him from the other defendants, and that he denied involvement in any plot to overthrow the government. In Indiana, Judge Paul Cherry ordered Piatek held without bond and that he be transferred to Michigan to face weapons and conspiracy charges with the other defendants. A federal prosecutor testified that FBI agents found 46 guns and 13,000 rounds of ammunition in Piatek's home in Whiting, Indiana. Defense attorney Jerry Flynn said Piatek denies he planned to participate in the alleged plot.

According to the anti-trust act ObamaCare is to remove the "free" commerce from state to state which is illegal, and if these in this group believed that Obama was trying to setup a new system of Government such as Socialism, it would be in direct violation of the Constitution and punishable under the "Treason and Sedition" act. They (the citizens) are called to protect the Constitution against all enemies foreign and domestic.

Violation of Anti-Trust Act
The combination is, within the meaning of the act of Congress of July 2, 1890, known as the Anti-Trust Act, a "trust"; but if not, it is a combination in restraint of interstate and international commerce, and that is enough to bring it under the condemnation of the act. From prior cases in this court, the following propositions are deducible, and embrace this case: Although the act of Congress known as the Anti-Trust Act has no reference to the mere manufacture or production of articles or commodities within the limits of the several States, it embraces and declares to be illegal every contract, combination or conspiracy, in whatever form, of whatever nature, and whoever may be parties to it, which directly or necessarily operates in restraint of trade or commerce among the several States or with foreign nations. The act is not limited to restraints of interstate and international trade or commerce that are unreasonable in their nature, but embraces all direct restraints, reasonable or unreasonable, imposed by any combination, conspiracy or monopoly upon such trade or commerce. Railroad carriers engaged in interstate or international trade or commerce are embraced by the act. Combinations, even among private manufacturers or dealers, whereby interstate or international commerce is restrained are equally embraced by the act Congress has the power to establish rules by which interstate and international commerce shall be governed, and, by the Anti-Trust Act, has prescribed the rule of free competition among those engaged in such commerce. Every combination or conspiracy which would extinguish competition between otherwise competing railroads, engaged in interstate trade or commerce, and which would in that way restrain such trade or commerce, is made illegal by the act. The natural effect of competition is to increase commerce, and an agreement whose direct effect is to prevent this play of competition restrains, instead of promotes, trade and commerce. To vitiate a combination such as the act of Congress condemns, it need not [p199] be shown that such combination, in fact, results, or will result, in a total suppression of trade or in a complete monopoly, but it is only essential to show that, by its necessary operation, it tends to restrain interstate or international trade or commerce, or tends to create a monopoly in such trade or commerce, and to deprive the public of the advantages that flow from free competition. The constitutional guarantee of liberty of contract does not prevent Congress from prescribing the rule of free competition for those engaged in interstate and international commerce.

News For The View - Evil is Abounding As Christ Stated

Bush wiretapping program takes hit in Calif ruling

March 31, 2010
SAN FRANCISCO - In a repudiation of the Bush administration's now-defunct Terrorist Surveillance Program, a federal judge ruled Wednesday that government investigators illegally wiretapped the phone conversations of an Islamic charity and two American lawyers without a search warrant. U.S. District Court Judge Vaughn Walker said the plaintiffs provided enough evidence to show "they were subjected to warrantless electronic surveillance." The judge's 45-page ruling focused narrowly on Al-Haramain case, touching vaguely on the larger question of the program's legality. Nonetheless, Al-Haramain lawyer Jon Eisenberg said the ruling had larger implications. "By virtue of finding what the Bush administration did to our clients was illegal, he found that the Terrorist Surveillance Program was unlawful," Eisenberg said. At issue was a 2006 lawsuit filed by the Ashland, Ore., branch of the Saudi-based Al-Haramain Islamic Foundation and two American lawyers Wendell Belew and Asim Ghafoor. Belew and Ghafoor claimed their 2004 phone conversations with foundation official Soliman al-Buthi were wiretapped without warrants soon after the Treasury Department had declared the Oregon branch a supporter of terrorism. They argued that wiretaps installed without a judge's authorization are illegal. It was the last active case pending before a trial judge challenging the wiretapping program that ended in 2007. "The ruling ends the case, but without the fireworks everyone expected," George Washington University law professor Orin Kerr said. "It ended with a whimper." The plaintiffs were seeking $1 million each, plus attorney fees in the case. Walker ordered more legal arguments before deciding on possible damages. The ruling came after U.S. Attorney General Eric Holder said the lawsuit threatened to expose ongoing intelligence work and must be thrown out. In making the argument, the Obama administration agreed with the Bush administration's position on the case but insisted it came to the decision differently. Holder's effort to stop the lawsuit marked the first time the administration has tried to invoke the state secrets privilege. Under the strategy, the government can have a lawsuit dismissed if hearing the case would jeopardize national security. Holder said Judge Walker had been given a classified description of why the case must be dismissed so the court could "conduct its own independent assessment of our claim." That was a departure from the Bush administration, which resisted providing specifics to judges handling such cases about what the national security concerns were. Holder previously said the administration would respect the outcome of Walker's review. Eisenberg called on the Obama administration to accept Wednesday's ruling and forgo any appeals. "We are reviewing it," Department of Justice spokeswoman Tracy Schmaler said. President Bush authorized the surveillance program shortly after 9/11, allowing National Security Agency officials to bypass the courts and intercept electronic communications believed connected to al-Qaida. Generally, government investigators are required to obtain search warrants signed by judges to eavesdrop on domestic phone calls, e-mail traffic and other electronic communications. In June, Judge Walker tossed out more than three dozen lawsuits against the nation's telecommunications companies for allegedly taking part in the program. Congress in 2008 agreed on new surveillance rules that included protection from legal liability for telecommunications companies that allegedly helped the U.S. Spy on Americans without warrants. Walker previously upheld the constitutionality of the new surveillance rules. His ruling is being appealed. Anthony Coppolino, the U.S. Department of Justice lawyer who has been in charge of the Islamic Foundation case under both administrations, has never addressed the legality of the wiretap program. Coppolino has always argued the case should be tossed out in the name of national security and said the government risked exposing ongoing intelligence work if the lawsuit were allowed to proceed. The government argued that its "state secret privilege" trumped the Foreign Intelligence Surveillance Act, known as FISA, which requires investigators to seek wiretap approval from a special court that convenes behind closed doors. Coppolino refused to even discuss whether such a secret warrant existed, arguing that to confirm or deny would threaten national security. On Wednesday, the judge said the government was wrong and ruled that it should be assumed investigators lacked a warrant. "FISA takes precedence over the state secrets privilege in this case," Walker wrote. The Bush administration invoked the secrets privilege numerous times in lawsuits over various post-9/11 programs. In another wiretap case targeting the Bush tactics, the Center for Constitutional Rights asked the U.S. Supreme Court Tuesday to order government officials to disclose if officials eavesdropped without warrants on electronic conversations between 23 attorneys and their clients held at Guantanamo. Lower courts had tossed out that request.

Phila. Attorney charged in int'l child-sex case

Philadelphia Daily News
March 31, 2010
hinkelm@phillynews.com 215-854-2656
Authorities unsealed an indictment yesterday charging a Philadelphia international attorney with traveling overseas to have sex with an underage boy. Kenneth Schneider, 45, was arrested by Interpol in Laranca, Cyprus, on Saturday. Schneider founded the Apogee Foundation in New York in 2004. It provides scholarships and assistance to children around the world with aptitude in fine arts. He's also president and chief executive officer of a London-based media and technology-consulting group. But the indictment said Schneider had a secret life and a fondness for a Russian boy. In 1998, in Moscow, Schneider became acquainted with a husband and wife who were ballet instructors at the Moscow State Academy of Choreography and told them he would provide "assistance" to students at the academy, the indictment said. That summer the instructors introduced Schneider to a boy, identified as R.Z., a 12-year-old who had been removed from the academy because his parents could not afford it, the indictment said. Schneider offered to pay R.Z.'s board at the academy and later convinced his parents to let him live with Schneider at his apartment, only a few blocks from the academy, the indictment alleged. The indictment said Schneider engaged in a sexual relationship with R.Z. Beginning in fall 1998 and continuing until 2004. Authorities said the illicit relationship began when Schneider "groomed" R.Z. For sexual contact by touching him, kissing him and buying him gifts. They said he also pressured the boy to keep the sexual relationship secret. The relationship progressed to the point that Schneider had oral and anal sex with R.Z., according to the indictment. In summer 2001, when R.Z. Was 15, the indictment alleged, Schneider arranged for the boy to travel with him to Philadelphia to attend a summer program for ballet study at the Rock School. They returned to Moscow in August 2001 and the relationship continued, the indictment said.

Police: NJ teen sold stepsister, 7, for party sex

March 31, 2010

TRENTON, N.J. It started with a party invitation to a 15-year-old girl from some young men she knew. She took her 7-year-old stepsister to an apartment down the street from their home near the New Jersey Statehouse, where the girls had been hanging around outside on a Sunday afternoon. For the younger girl, police say it quickly descended into a horrifying ordeal in which she was gang-raped by as many as seven men as her sister not only watched, but got paid by those who did it. Their parents, none the wiser, thought maybe they had run away. "We're talking about a kid who told her sister to go into an apartment and let people rape her," said Trenton police Capt. Joseph Juniak. "It's unfathomable." The teen has been charged with aggravated sexual assault, promoting prostitution and other crimes. Her name was not released because of her age, but the county prosecutor plans to ask the court to try her as an adult. In the meantime, she is being held at the Mercer County Youth Detention Center. When the girls didn't return home by 4:30 Sunday afternoon, their parents called police, believing the older one had run away from home and taken her younger sister with her. In fact, they were down the street inside a 13th floor apartment at Rowan Towers, a nearby high-rise complex so dangerous that Trenton police are hired as security guards at night. "They keep it clean on the outside, but it's what's on the inside that you have to worry about," said neighbor William Johnson, who says police are coming out of the building all the time. Inside apartment 13-C, police said the 7-year-old was soon left alone as her sister headed to a back bedroom to sell sex to several men. When she came out into the living room, she handed her 7-year-old sister money and encouraged her to let the men touch her. "It went from touching to straight out assault and rape," Juniak said. "They threatened to kill her if she screamed or told anyone." Afterward, the child put on her clothes and left. Her sister stayed behind with the men. Two women found the child crying outside the apartment and walked her home, where police were waiting. The child told them what happened and was treated at a hospital. When police located the 15-year-old later that night, she also told them what happened and was arrested. Trenton Mayor Doug Palmer said the crimes are among the worst he's seen in 20 years as mayor. "It's sickening," he said. "The police are taking this personal. I know there's a place in hell for all the people that participated in this and I'm sure they will get there." "Personally, as a father with a 7-year-old daughter, I can't imagine the horror," Palmer added. Lauren Kidd, a spokeswoman for New Jersey's Children and Families department, said state and federal confidentiality laws prohibit the agency from commenting about possible prior involvement with the family. But Juniak indicated the department may have had previous contact with the older girl. Police are now scouring video surveillance from lobby and elevator cameras to try to identify everyone at the party. They believe there were about a dozen people in the apartment, mostly teenage boys and young men who police say likely broke in a fairly common occurrence in the crime-plagued neighborhood that sits in the shadow of the Statehouse's golden dome. Last week, police responded to a home invasion there and a shooting just outside the lobby. Police Director Irving Bradley Jr. Said the building's management company, Interstate Realty Management Company, has been working with police to curb the violence. "This is incredibly disturbing," said Laura Zaner, a spokeswoman for IRM. Two private security guards man the lobby doors during the day. At 5 p.m., two Trenton police officers take over. Bradley said the company is in the process of installing more cameras and had just hired a third officer to work the night shift to allow two officers to do hourly hallway patrols. He said Sunday may have been the first day they were supposed to have started the patrols. Chalia Johnkins, who lives around the corner from the Towers, said gatherings of young men are commonplace, and that police should have known something unsavory was happening. "The police who were supposed to be on patrol should be held responsible," she said. "They could have prevented this. These weren't regular guards. They were police and they still didn't see the baby crying?" Annette Lartique, the city councilwoman who represents the area where the crime occurred, said the community would expect nothing less than the prosecution of everyone involved to the fullest extent of the law. "I know we are going to send a message on this one," she said. "Everybody will pay a price from the person who opened the door to the person who pushed the elevator button."

Lawmakers push states to speed taxpayer refunds
March 31, 2010
JEFFERSON CITY, Mo. Give people their money. It's the rallying cry of lawmakers around the country pushing back against states that are delaying tax refunds to shore up their budgets. Holding on to the refunds allows states to use the money for other purposes, earn interest on it or simply wait until there's enough cash to cover the checks. But the cost can be an unhappy public. "It's not the state's money, it's the people's money," said Missouri Rep. Jason Smith, R-Salem. "It's money they've overpaid to the state, and they deserve to get their money back in a prompt time." Hawaii, North Carolina and New York are delaying refunds this year. Minnesota delayed some business tax refunds last year and may do so again. Alabama is waiting to send out millions of dollars in refunds until it has the cash. Some lawmakers want to force money to be returned faster even as their states face budget deficits and falling revenue. Missouri delayed sending refunds last year to beef up its cash reserves. But a backlash from taxpayers has led Republican lawmakers to push legislation to stop it from happening again. Right now, the state can hold tax refunds up to four months or until mid-August without paying interest. Legislation that has cleared the Missouri House would slice the grace period to a month and a half. The Hawaii House also has endorsed a tighter deadline, which would require refunds to be issued three months after taxpayers file returns, rather than within three months of April 20, the state's filing deadline. A bill already filed in the New York Assembly is aimed at preventing refund delays. Lawmakers justify it by pointing out that taxpayers usually don't get more time to pay the money they owe. Creg Maroney of Pleasant Valley, N.Y., said he and his wife filed state tax returns more than a month ago and have not received the $1,600 they planned to put toward property taxes. "I feel taken advantage of," said Maroney, a 40-year-old excavator and member of the anti-tax We The People Foundation. "I feel robbed." Refunds are not legally due until June 1 in New York, so the state won't pay interest to taxpayers on delayed refunds, even though taxpayers face interest costs if they miss their April 15 filing deadline. State officials say budget troubles have left them no choice. The Pew Center on the States estimated states have filled more than $300 billion in budget holes through a variety of methods since December 2007. Matt Anderson, a spokesman for the New York governor's budget office, said the state lowered the maximum amount of refunds it would issue during the first three months of the year from $1.75 billion to $1.25 billion. The remaining $500 million is to be released when the state's new budget year starts Thursday. New York plans to roll about $2 billion worth of expenses into next year's budget to make up its deficit. "Clearly there are some taxpayers who view this as an inconvenience, and they're certainly correct," Anderson said. "The reason we have to take action like this is we are in dire circumstances." In Hawaii, which faces a projected $721 million budget hole, Gov. Linda Lingle plans to hold on to $275 million by waiting to issue tax refunds for personal, corporate and fiduciary income taxes. State officials say by law they can hold refunds until July for those who file their returns on time and even longer for those who are late. North Carolina stalled refunds last year and plans to do so again because tax collections remain weak. "It's very much like the way a family manages their checkbook at the end of the month," Revenue Secretary Kenneth Lay said in February. "When you're writing those checks to pay your bills, you want to make sure that you have enough in the account to pay each one of them." Even without proposed new deadlines from lawmakers, some states are adopting new strategies to avoid delays. Missouri Gov. Jay Nixon plans to borrow $200 million from a pool of federal stimulus money. So far this year, Missourians who filed electronically have been issued refunds in an average of less than six business days. For paper filers, it has been less than nine days, though the averages are expected to rise, said Revenue Department spokesman Ted Farnen. Kansas, meanwhile, has delayed state payments for public schools over the last five months to keep tax refund checks moving quickly.

Study suggests toads can detect coming earthquakes
LONDON When it comes to predicting earthquakes, toads warts and all may be an asset. British researchers said Wednesday that they observed a mass exodus of toads from a breeding site in Italy five days before a major tremor struck, suggesting the amphibians may be able to sense environmental changes, imperceptible to humans, that foretell a coming quake. Since ancient times, anecdotes and folklore have linked unusual animal behavior to cataclysmic events like earthquakes, but hard evidence has been scarce. A new study by researchers from the Open University is one of the first to document animal behavior before, during and after an earthquake. The scientists were studying the common toad bufo bufo at a breeding colony in central Italy when they noticed a sharp decline in the number of animals at the site. Days later, a 6.3-magnitude earthquake hit, killing hundreds of people and badly damaging the town of L'Aquila. Researcher Rachel Grant said the findings suggested "that toads are able to detect pre-seismic cues such as the release of gases and charged particles, and use these as a form of earthquake early warning system." Initially puzzled by the toads' disappearance in the middle of the breeding season, the scientists tracked the population in the days that followed. They found that 96 percent of males who vastly outnumber females at breeding spots abandoned the site, 46 miles (74 kilometers) from the quake's epicenter, five days before it struck on April 6, 2009. The number of toads at the site fell to zero three days before the quake, according to the study, published in the Zoological Society of London's Journal of Zoology. "A day after the earthquake, they all started coming back," said Grant, the report's lead author. "The numbers were still lower than normal and remained low until after the last aftershock." She said one possibility is that the animals sensed a change in the amount of radon gas emitted by the Earth because of the buildup of pressure prior to a quake. Scientists also have surmised that animals may be able to detect minor tremors imperceptible to humans, or that they sense electrical signals emitted by rocks under stress before an earthquake. Grant said the sense may be the result of millions of years of evolution, a trigger that tells the toads to move to safer ground. "An earthquake could wipe out a population in that area," she said. "A landslide or flood could wipe out virtually 100 percent of the males, and quite a lot of the females." Several countries have sought to use changes in nature mostly animal behavior as an early warning sign, without much success. The city of Tokyo spent years in the 1990s researching whether catfish behavior could be used to predict earthquakes, but abandoned the study as inconclusive. Roger Musson, a seismologist with the British Geological Survey, said the problem studies like the Italian toad research lay in proving the connection between the animal behavior and the quake. "What happens is somebody observes some strange animal behavior then there is an earthquake, so they link the two," said Musson. "There are probably plenty of cases in which there is strange animal behavior and no earthquake." He said the new study was "another bit of data in the large pile that has been accumulating over the years. But it's not in any shape or form a breakthrough."
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