Guest Post: Obamacare and Other Threats to Liberty, by "CaliforniaLawyer"

238
Sat, Jul 6, 2013 - 11:56am

Our string of guest posts concludes today with this excellent piece submitted by The Attorney General of The Great Nation of Royal Turdistan, CALawyer esq. etc. etc.

Obamacare and Other Threats to Liberty

by, "CaliforniaLawyer"

Let’s connect some dots. Let’s examine some facts, draw some conclusions, and make some predictions.
First, the facts:
(1) Obamacare was enacted, and has or will soon be fully implemented;
(2) Pursuant to the comprehensive scheme of Obamacare, the federal government will now have complete and total access to all medical records of the people [I am not sure, because I have not studied, whether Obamacare grants the federal government access to the healthcare records of illegal aliens, but I assume so, so I make no distinction here between citizens and non-citizens of the United States];
(3) Existing state law, at least in California, prohibits a person from possession of firearm, including ammunition, where such person has been detained under California Welfare and Institutions Code § 5150, which law provides for detention and a 72 hour mental health evaluation of a person considered a danger to himself/herself or others. Such a person detained under section 5150 is subject to a five-year ban on firearms possession and is disqualified from possession, including no use of firearms at the range, no hunting, no ammunition; such person can petition the court for an early termination of the firearm possession prohibition per Welfare and Institutions Code § 8103;
(4) Additionally, there is a long-standing rule in California that any person at any time may petition any state court in California for a temporary restraining order based solely upon a signed declaration from that person claiming that a person has threatened immediate harm. This is a GREAT rule for lots of reasons but there are unintended consequences and ramifications that become chilling in the context of Obamacare. So long as the declaration, which is sworn testimony under oath, contains a bare minimum of facts describing some immediate threat of harm whether true or not, the temporary restraining order will be issued by the court.
(5) Once a temporary restraining order is issued by the court, the restrained person is required to surrender any and all firearms to a local law enforcement agency. If not, the restrained person is now subject to criminal penalties for contempt and possibly worse, including potential felony possession of firearms.
(6) A temporary restraining order automatically terminates after 10 days, unless thereafter, the person who obtained the initial temporary restraining order goes back to the court on the tenth day, and presents sufficient testimony convincing a judge that the temporary restraining order should be turned into a permanent restraining order.
(7) If the temporary restraining order becomes permanent, the restrained person is barred from possession of firearms pursuant to the terms of the court order. The only judicial remedy for the restrained person is for the restrained person to appeal the ruling, which takes time and money obviously, but in the meanwhile, the restrained person is prohibited from possessing firearms.
(8) Similarly, a person arrested for a crime of violence, is required to turn over all firearms to law enforcement. Remember, an arrested person is presumed innocent; yet, upon an arrest, the presumed innocent person suffers an actual loss, which is possession of any firearms.
(9) Both a person arrested for a crime of violence, and a person subject to a temporary/permanent restraining order must surrender firearms to a local law enforcement agency. Such firearms held by law enforcement incur a “storage fee.” In one case I did, storage fees by a local law enforcement agency were $50 per firearm per month. A “firearm” was broadly defined, and included with respect to a shotgun, different barrels for the same lower receiver. In that case, the restrained person had three heirlooms: two pistols and shotgun with multiple barrels, which were all surrendered to law enforcement after an arrest on bogus charges [two juveniles smoking pot behind a dumpster accused a sixty year old man of threatening them]. Months later, after all charges were dropped, and after successfully obtaining a court order mandating the return of the weapons to the client, the storage fees ended up exceeding the value of the firearms dramatically. The court would not reduce the “storage fees” and the firearms would not be released unless the storage fees were paid to the local police department. Naturally, the client refused to pay the extortionate storage fees. The firearms remain in custody pursuant to the court order, have been destroyed or who knows? True story.
(10) But wait, there's more. Existing federal law prohibits persons who have “been adjudicated as a mental defective or who [have] been committed to a mental institution” from ever owning a firearm. 18 U.S.C. § 922. A California §5150 hold is within the purview of 18 U.S.C. § 922.
(11) Meanwhile, back at the SCOTUS, the Justices delivered up another crushing blow to freedom, https://www.scotusblog.com/case-files/cases/salinas-v-texas/ . From the blog: “When petitioner [the criminal suspect] had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilt at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer’s question.” From another blog (https://www.deathandtaxesmag.com/200761/what-the-hell-did-the-supreme-co... “ On Monday, the court ruled on Salinas v. Texas, in which it was determined that although you have the right to remain silent, you do so at your own peril.
Here’s what happened: Genovevo Salinas had attended a party at a house in Houston the night before the two brothers that lived there had been shot. He was called in for questioning, and was not read his Miranda rights because at the time he was just considered a possible witness. When he was asked about whether or not the bullets from the shotgun he owned might match the ones found at the house, he refused to say anything. When he was eventually put on trial for the murder, prosecutors brought up his remaining silent as “evidence” that he was covering something up. Which pretty much defeats the entire purpose of the 5th Amendment. Prosecutors are never allowed to use an exercise of the the right to remain silent against someone.
However, the Supreme Court ruled that because Salinas had not been arrested and did come right out and invoke the 5th Amendment while being questioned, his silence didn’t count as part and parcel of that right. This is total bullshit. What this means is that if you are not a suspect in a crime and thus not read your Miranda Rights but you are questioned by police nonetheless, you now have to “formally” invoke your right to remain silent or your silence can be used against you in a court of law.
(12) Wow. See how it works? A criminal suspect is arrested, questioned, but does not specifically invoke his right to remain silent. At the later criminal trial, the prosecutor can say to the jury: “the criminal defendant did not say anything to offer an explanation, therefore, he must be guilty.” This decision has been roundly criticized, and rightly so. (https://www.slate.com/articles/news_and_politics/jurisprudence/2013/06/s...). Do a google search for “supreme court 5th amendment” and you will find many articles. Look for yourself and see what is happening.

Connecting the Dots:
Having now identified the facts, let’s draw some conclusions and make predictions.
(1) Freedom and liberty are eroding, marginally but inexorably. Ignore this obvious reality at your peril.
(2) Both the federal and state governments continue to expand their reach into what has traditionally been completely private and off-limits, such as one’s personal medical information.
(3) Recent federal scandals involving federal government agencies such as the NSA and IRS, such scandals coming to light by whistle blowers, leave no room to argue that such federal intrusion is benign.
(4) The federal government has or will soon have pursuant to Obamacare, complete knowledge over everyone and, from there, as shown above regarding Second Amendment and Fifth Amendment rights, there is no logical limitation to the federal government’s power at all. Is anyone concerned yet?

In light of all recent events, is it not imperative to prepare accordingly?

CAL esq etc etc

About the Author

  238 Comments

zman
Jul 6, 2013 - 12:57pm

People think Obamacare is a

People think Obamacare is a "socialist" healthcare program, it isn't, it's a corporate takeover of the healthcare system, behind the government.

Who wrote Obamacare? Not Obama, not the Democrats (or Repubs), it was the healthcare corporate powers, the Chief writer was a J J executive.

When corporate interests takeover the government, this is what we end up with, is this any different than the Too Big To Fail banks?

agNau
Jul 6, 2013 - 1:24pm

we have...

an amazing demand for dollars....globally....as seen in the recent surge higher.... we have rates rising and NO demand for bonds(which looks to be entering a next wave of selling)..... Pay attention as the rats scramble from one market to another.....all orchestrated..... What will be the effects going forward....what is the desired outcome? Is it possible to put the bond genie back in the bottle at a desired time with growing demand for dollars? Who could possibly supply those dollars....and what effect will that supply have on other countries economies? Is a "Rinse & Repeat" possible? Regrip...as it were.

Strongsidejedi Katie Rose
Jul 6, 2013 - 1:36pm

@KATIE ROSE - OXYCONTIN OPIATES

@Katie Rose-

Thank you for sharing that information on Oxycontin and Oxycodone. I want to agree with what you are saying.

I also want to substantiate your comments by noting that public health experts can map the number of restraining orders per geographic area.

The public health sector is NOT being used to address these types of issues.

I recently met a person who was on a 5150 hold and had been prescribed innumerable mind altering drugs by her HMO in this area. The medication list was astonishing and included Ritalin (ADHD) (stimulants), multiple anti-depressants, multiple anti-anxiety medications. PLUS, she was given the controlled opiates you are discussing. She was a wreck DUE TO lazy physicians who never sat down and helped her get rid of these medications.

Her life was totally ruined by the HMO healthcare delivery system that supports this type of prescription by computer.

And, yes, you are correct about the mind-altering effects of pain medications. The brain is very delicate. You MUST EAT RIGHT to keep your brain functioning normally. If you do not eat correctly and instead fill on caffeine, high-fructose corn syrup, and trans fats; you will basically petrify your own brain. No amount of pain killing medications will help the brain of a person so damaged.

Instead, those pain killers alter the function and firing of the brain's cells (neurons) and you end up with a person who's personality and thinking process is permanently disabled.

I would add to your list of HMO medical abuses the management of ADHD and anxiety in our teens. I see so many of these HMO doctors that order by computer for their prescription renewals. I also have seen many families where the parents are literally crying about their children who are addicted to the amphetamines in the prescription drugs. When the child hits late teens and early 20's, the changes in the brain chemistry manifest to a much greater extent. It is those neurological and mental changes that CAUSE irrationality and psychoses in the 20 year olds. Ritalin and amphetamine derivative drugs are not a solution for these patients. But, for the parent needing a short-term fix in their ADD child's school years, the amphetamine is literally the "fix" they need.

Do not believe that the Obamacare contracted HMO's will help you. The managers of those groups are only looking out for their own million dollar pension and retirement. They don't give a damn about your life or even their own employees!

DeaconBenjamin
Jul 6, 2013 - 1:38pm

5th amendment

Prosecutors are never allowed to use an exercise of the the right to remain silent against someone.

I heard a judge (former prosecutor) and current prosecutor discussing this case, and they said that, so long as the Defendant was not yet in custody, they had been using the silence of the Defendant in criminal cases for at least 20 years. IIRC, they cited some precedent for this view; I do not recall their argument for this view.

Gold Dog
Jul 6, 2013 - 1:40pm

Thanks Turdville Mouthpiece!

It occurs to me that the old Soviet Union used the mental health excuse to deal with political dissenters. They dissented ergo they were mentally ill.

Many of these poor people emerged greatly brain damaged from a combination of "Health Care" including drugs in massive quantities, electricity and general beatings until they were more "stable". I think they were single payer too.

On opiates- I have had approximately 10 knee surgeries*, all from skiing accidents and finally had a fake knee installed. Needless to say I have been through the whole gamut of dope. I still gobble about five Vicodins a week and probably will till I go on to my final reward. (Punishment?)

What I have discovered is that there is an amazing range of effects on different people from this stuff. Some people feel no effect, some get sick, some go total euphoria. I lucked out in that it cures my pain quite effectively and while it makes me dumber than usual I find the trade off worth it. I have never had a problem tapering off even the heaviest of dosages. <----I expected to feel a bit fluish each time I stepped down and did. Never enough to step back up, just a body withdrawal. I am quite fortunate.

I do have friends that ended up in drug rehab after going immediate junkie on the stuff after a month of usage.

On a brighter note, this weekend has more parties than any I remember since college....next up, a pig roast at Cary and Dan's. (Does Obummer care cover liver transplants?)

Your friend,

Dog

* When you hit double digits over forty years you don't know if a good old scoping out even counts as an operation....hell, the pain only lasts six months!

PS- Don't forget-----Live Free or Die!!!!!

EDIT- RED ALERT- SEE BELOW!!!! Jedi says that I should be getting disability checks, my neurons are jacked! Where do I sign up? I promise I will only use the extra fiat to gamble with, unless I run into friends, then some of it may be used to gambol!

DeaconBenjamin zman
Jul 6, 2013 - 1:43pm

Who wrote Obamacare?

My sister, who is a supervisor with Kaiser Permanente, keeps telling me how much her employer loves Obamacare. I've been tempted to respond: no kidding -- they wrote it!

murphy
Jul 6, 2013 - 2:46pm

CL

Not surprisingly, nicely done as usual.

@GL- Did you have something to do with this?

Chinese beach covered with green algae.

https://www.weather.com/video/beach-covered-with-algae-37694

Safety Dan
Jul 6, 2013 - 2:47pm

Thanks Cailfornia Lawyer

Great article on our rights eroding away. Scares me to think what it will be like for our children's children. Hope the shiny stuff I've stacked isn't needed by them, but suspect it will be. Well, they can find it in the lake I had the boating accident, bet it will still be there.

Gold dog - you are a lucky man not to be addicted. I'm one of those recovering junkies from Vico, and other narcotic pain killers. I've been blessed to learn more about my own body and weaknesses. Party hard... while you can..

Mad5hatter - thank you for your posts. I, like so many others, enjoy Turdsville and the hard work Turd and others put in creating this site with great posts like yours. Please be considerate of Turd's request to keep the site out of jeapardy and infringing copyrights. A short paragraph and link will keep us all happy and informed.

From the land of sand in Afghanistan - safety dan. Thanks all - hope you had a nice 4th.

agNau
Jul 6, 2013 - 2:55pm

Everyone must really pay more attention.....

what was everyone screaming? It's not about the guns!!!!...... It's those CRAZY people !!!!!!! Remember? Also remember.......the NRA agreed......?????? SO......solution is about to be applied.... warning: we will have gun control by the end of the year. Joe Biden You better believe something big is coming.......I believe on multiple fronts. * the second has NO exceptions "shall not be infringed" THIS makes all gun laws unconstitutional. They say it does have exceptions.

maravich44 Safety Dan
Jul 6, 2013 - 3:01pm

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