Friday, October 18, 2019

 

First, they came for the guns of the "neo-Nazis" ...


Police in Arlington, WA, recently seized the legally possessed firearms of Kaleb J. Cole, reportedly a "neo-Nazi" member of Atomwaffen. The weapons were seized pursuant to an Extreme Risk Protection Order (ERPO) issued by a King County judge at the request of the Seattle Police Department (SPD). Arlington, where Cole apparently lives, is in Snohomish County, WA. The long reach of the SPD, via RCW 7.94, across county lines is notable here.

Under Section 9 (see below) of the ERPO petition, "Violence and Threats", you may notice that it is indicated that Cole has "recently committed or threatened violence" and "shown ... a pattern of acts or threats of violence".


Yet, the SPD produces no conclusive evidence of any of that in its petition. The SPD's evidence consists of the decision by the Canadian government to exclude Cole along with two reports of an "Unknown suspect" placing Atomwaffen decals and two reports of people being offended by Cole engaging in protected First Amendment activities. The videos cited, which I have not seen, are offered in support of the allegation that Cole attended "ORGANIZED FIREARMS TRAINING/HATE CAMPS", neither of which are threats or acts of violence in any meaningful sense. Remarks in a KING 5 report are telling in regard to the lack of evidence of anything but thoughtcrimes here:
King County Prosecutor Dan Satterberg, whose deputy prosecutor Kim Wyatt argued the ERPO case before the judge, said the order to surrender guns is the right tool when law enforcement does not have enough evidence to file a criminal charge.
"In this case, the [FBI] joint terrorism task force had assessed Mr. Cole and said he was somebody who was doing more than thinking and talking about his extremist, violent beliefs, but that he was actually acting on it," Satterberg said.
Yet, if he were "actually acting" on his beliefs in any criminal manner then he would be rightly subject to arrest. The KING 5 report also makes it clear that federal authorities, including the FBI and CBP, were instrumental in bringing this action forward.

The CBP report (Exhibit 3 of the ERPO petition) says: "COLE also stated that he discourages people (other members) from things that are illegal and he stated that his group is not interested in overthrowing the U.S. Government." The ERPO petition also included material about Atomwaffen from the disreputable ADL and SPLC.

If Cole and his associates were carrying out actual criminal activities such as harassment, assault, or homicide or conspiring to do so then I would be the first to say arrest and try them. What we, evidently, have here is a case of someone being deprived of their rights as guaranteed under the 1st, 2nd, 4th, and 14th Amendments to the US Constitution because of his objectionable ideas and his lawful activities in support of those ideas.

The rule of law and civil liberties are only as secure for members of any given majority as they are for a despised minority or individual. Unfortunately, this country has a long history of officials betraying those purported values when it is politically expedient or technically feasible.

In this case federal, state, county, and local authorities have all violated their oaths to uphold the U.S. Constitution and I am hoping civil libertarians will put aside their distaste for Cole's ideas long enough to mount a vigorous legal defense of the state and federal constitutions. It would be nice, too, to see some of the oath breakers—including, but not limited to, Seattle Police Chief Carmen Best, Seattle Police Sergeant Dorothy Kim, Seattle City Attorney Pete Holmes, Kim Wyatt, and Dan Satterberg—held accountable at the ballot box and/or in civil court.

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