On August 15th former Marine Brandon Raub was arrested by the local police and FBI for comments he made on his Facebook page. Yes, he was arrested specifically, and only, for comments made on his Facebook page.
Let that sink in a minute.
He typed on a computer screen, into his social media platform, his opinion of the government, the President, the military and his opposition to various outcomes from political decision-making.
Now it could be interpreted that the above posts were “threatening“, and indeed if you wanted to interpret the “letter of the law” you could argue that he violated 18 U.S.C. § 875 which includes “Threatening (non-presidental) officials [ie “Generals”] as a federal felony, usually carrying maximum penalties of 5 or 10 years“…
But make no mistake, this was his only infraction. He had never been arrested before and the government itself admits it was the Facebook post, and only the Facebook post, that led to his arrest and detention.
The law enforcement agents, local and the FBI, did not provide Brandon Raub with a search warrant. Raub was cooperative and on his own volition agreed to speak with them.
Then without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.”
He was handcuffed, dragged out of his home, taken to prison against his will, questioned, and then transferred, all involuntarily, into a mental hospital for evaluation.
Even his panicked mother could not locate him, and all the law enforcement agents surrounding his initial arrest/detention denied their involvement or knowledge of his whereabouts. She wrote:
I was at the Chesterfield police dept inquiring on where my son was. I do have a video of the FBI and Chesterfield police dept taking my son away.
They told me last night, that yes, he is here and being “evaluated”. There was nothing I could do they said, but “await his phone call”.
No one has called, so I began to call. Called the chesterfield police jail and they told me that he was not there and they have NO RECORD of him being processed there or booked for any crime.
They gave me the number to the FBI which I already had because Agent Sherry Granger 804-241-4770 Called me upon his “arrest” and told me my son was being “evaluated” as a “potential terrorist” for his comments on face book AND that he was arrested by the Chesterfield Police Department.
So I called her back this morning since no one seems to know where my son is and she did not speak to me but a representative of the FBI told me he was taken to a Psychiatric Facility called Popluar Springs in Petersburg Va. So I called Popluar Springs and they have no record of his admittance.
How would you like this to happen to your child just because he exercised his constitutional right of FREE SPEECH?
Again, solely, and ONLY because of what he typed into a computer screen and posted to his private social media platform Facebook. You can read what he wrote HERE (I hope you do read it)
(via Examiner.Com) Today [yesterday], the Rutherford Institute in released statements stated that an unexpected ruling handed down today by Circuit Court Judge Allan Sharrett, the judge dismissed the government’s case against Brandon Raub, the former Marine who was arrested by local police and FBI agents, detained in a psychiatric ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages, and virtual card games which he posted to his private Facebook page.
The Paulding County Republican Examiner has been following this case since Raub’s detention.
They said that Judge Sharrett dismissed the petition for involuntary commitment on the grounds that the petition “is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.”
John W. Whitehead, president of The Rutherford Institute stated that Raub is expected to be released immediately.
“This is a great victory for the First Amendment and the rule of law,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub was arrested with no warning, targeted for doing nothing more than speaking out against the government, detained against his will, and isolated from his family, friends and attorneys. These are the kinds of things that take place in totalitarian societies. Today, at least, Judge Allan Sharrett proved that justice can still prevail in America.”
Whitehead stated that Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his Facebook page to post song lyrics and air his political opinions, as well as engage in virtual online games with other users.
On Thursday, August 16, 2012, as reported by the Paulding County Republican Examiner and other alternate media that police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts.
According to his mother and the Rutherford Institute and seen on Raub’s arrest video [Arrest video has been removed by YouTube with claims of copyright by a Jake Patterson], they did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.”
Those that were outraged of his arrest filmed the arrest and then posted the footage to YouTube and asked that it be spread to everyone.
According to reported news and the Rutherford Institute, in a hearing before Special Justice Walter Douglas Stokes on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, Stokes sentenced the former Marine to up to 30 days’ further confinement in a psychiatric ward and signed a court order for Raub’s involuntary admission to the Veterans Hospital in Salem.
In coming to Raub’s defense, and reported by the Paulding County Republican Examiner, attorneys for The Rutherford Institute challenged the actions of Chesterfield County, Va. as procedurally improper, legally unjustified, and in violation of Raub’s First Amendment rights. Institute attorneys appeared before the Circuit Court on August 23 to request that Raub be transferred back to John Randolph Medical Center while Institute attorneys attempted to secure his release said Attorney Whitehead.
However, Judge Allan Sharrett declared the government’s case to be lacking in factual allegations and ordered Raub immediately released.
The Rutherford Institute stated that Anthony Troy and Brian Fowler, attorneys with Troutman Sanders LLP, were instrumental in assisting The Rutherford Institute to secure Raub’s release. (full article)
TWO CONSIDERATIONS:
#1 – The First Amendment: The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. (Cornell Law)
#2 – The FBI falls under the jurisdiction and leadership of the Department of Justice. Eric Holder’s Department of Justice. So consider:
Which is more Threatening?
Did the FBI show up at Khalid Abdul Muhammad’s house?
Nuf’ said.