Marine in phych-ward for Facebook comments, Free speech in danger

Author: Brian D. Hill

A 26 year old Virginia marine, Brandon J. Raub was thrown in the John Randolph Medical Center psych-ward in Hopewell to be evaluated by a psychiatric mental health professional, even a court judge ordered Raub detained for another month over Facebook posts he made calling for a peaceful revolution and that 9/11 was an inside job. Even if he called for a violent revolution which has happened in world history, would that be enough to just throw somebody in a mental institution. We don’t condone violence but if you can’t even call for a peaceful revolution without being thrown in a mental hospital then the Constitution is no more as the USSR used to throw Dissidents in mental hospitals. If somebody is even mentally unstable and too dangerous to be released out in public then is a different story but simply posting a Facebook post calling for Revolution does not signify mental instability, especially if the US Attorney General Eric Holder and other government employees knowingly shipped guns to the Mexican drug cartels to blame the 2nd Amendment and ban the right to own a firearm.

A civil liberties organization called The Rutherford Institute (TRI), based in Charlottesville, has “sent one of its attorneys to the hospital to represent Raub at a hearing Monday,” according to the Associated Press. A Press Release was put out by TRI that the marine was “detained indefinitely” without charges or trial in a psychiatric ward and that ” Special Justice Walter Douglass Stokes for the General District Court for the City of Hopewell, Va., has denied an emergency motion filed by attorneys for The Rutherford Institute to stop former Marine Brandon Raub from being forcibly transferred to a psychiatric facility more than three hours away from his family, friends and legal team.”

The reason he was held against his will was due to the alleged concerns that his Facebook posts were controversial and “terrorist in nature.” Those that heard this story at first glance may believe this has something to do with the National Defense Authorization Act for Fiscal Year 2012 (NDAA 2012) where an American citizen and lawful resident can be detained indefinitely without charge and without trial by any suspicion of terrorism or even supporting terrorism including Al-Qaeda, even though a writer from the CFR supports the actions of Al-Qaeda and doesn’t get in trouble. The truth is it wasn’t the NDAA since the Virginia Commonwealth legislature passed HB1160 into law prohibiting state authorities from cooperating with any federal authorities whom try to detain their citizens without charge and without trial in violation of both the U.S. and Virginia Constitution. Instead the marine was thrown in a mental institute with help of a too-vague and over-broad Virginia statute just as with the NDAA, citing Virginia State Code §37.2-808 “Emergency custody, under which it is permitted to detain a person in a mental institution without presenting any charges against him, only upon a medic’s recommendation,” information released by RussiaToday and mirrored by TRI.

The quoted text right from the statute is as follows:

A. Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion, an emergency custody order when he has probable cause to believe that any person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (ii) is in need of hospitalization or treatment, and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. Any emergency custody order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.

You can read the rest on the Virginia Commonwealth Legislative Information System.

The problem is that the marine only posted Facebook posts about the coming people’s revolution where if the Government usually goes too far and starts damaging their tax paying citizens and uses a Police State to enforce the hurting of the people, long trail of abuses began, and that the government begins unlawfully usurping power pursuant to verifiability the same object to reduce the common people under absolute despotism, to destroy the family. When peaceful revolution becomes impossible then the only other recourse is Revolution, even though I hate to say it.

Also years ago I even confirmed that a “Psychiatric Manual DSM-IV-TR Labels free Thinkers, non conformers as Mentally Ill” which even made Infowars. This means that free thinks and people that do not conform can also be detained indefinitely in Virginia according to Virginia State Code §37.2-808. People may not just be detained in Virginia but also other states that have similar statutes.

Not so fast as the Virginia Commonwealth Constitution and other state Constitutions not to mention the 1st Amendment under the Bill of Rights under the U.S. Constitution protects Raub from being punished by the government or even thrown in a psychiatric ward.

According to Article I Bill of Rights of the Virginia Constitution, Section 8. Criminal prosecutions, Section 8-A. Rights of victims of crime., and other sections of the Commonwealth Constitution, it is unlawful even under the state code to detain Raub without giving him the right of a court trial. The court cannot just keep detaining Raub indefinitely as this violates his due process rights making the public believe that simply because the court is ordering his detainment, that he is being given his due process rights which is a misrepresentation and miscarriage of justice.

In fact I will quote some sections of the Virginia Constitution.

Section 8. Criminal prosecutions.

That in criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, and to call for evidence in his favor, and he shall enjoy the right to a speedy and public trial, by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty. He shall not be deprived of life or liberty, except by the law of the land or the judgment of his peers, nor be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offense.

Laws may be enacted providing for the trial of offenses not felonious by a court not of record without a jury, preserving the right of the accused to an appeal to and a trial by jury in some court of record having original criminal jurisdiction. Laws may also provide for juries consisting of less than twelve, but not less than five, for the trial of offenses not felonious, and may classify such cases, and prescribe the number of jurors for each class.

In criminal cases, the accused may plead guilty. If the accused plead not guilty, he may, with his consent and the concurrence of the Commonwealth’s Attorney and of the court entered of record, be tried by a smaller number of jurors, or waive a jury. In case of such waiver or plea of guilty, the court shall try the case.

The provisions of this section shall be self-executing.

Section 8-A. Rights of victims of crime.

That in criminal prosecutions, the victim shall be accorded fairness, dignity and respect by the officers, employees and agents of the Commonwealth and its political subdivisions and officers of the courts and, as the General Assembly may define and provide by law, may be accorded rights to reasonable and appropriate notice, information, restitution, protection, and access to a meaningful role in the criminal justice process. These rights may include, but not be limited to, the following:

1. The right to protection from further harm or reprisal through the imposition of appropriate bail and conditions of release;
2. The right to be treated with respect, dignity and fairness at all stages of the criminal justice system;
3. The right to address the circuit court at the time sentence is imposed;
4. The right to receive timely notification of judicial proceedings;
5. The right to restitution;
6. The right to be advised of release from custody or escape of the offender, whether before or after disposition; and
7. The right to confer with the prosecution.

This section does not confer upon any person a right to appeal or modify any decision in a criminal proceeding, does not abridge any other right guaranteed by the Constitution of the United States or this Constitution, and does not create any cause of action for compensation or damages against the Commonwealth or any of its political subdivisions, any officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.

The amendment ratified November 5, 1996 and effective January 1, 1997—Added a new section (8-A).

Section 9. Prohibition of excessive bail and fines, cruel and unusual punishment, suspension of habeas corpus, bills of attainder, and ex post facto laws.

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and that the General Assembly shall not pass any bill of attainder, or any ex post facto law.

So this means that the whole detainment is illegal and Raub has to be let go under Constitutional grounds under a model government but under a tyrannical government, run by criminals, Raub will never be let go and can even be tortured at will of the state or Federal Government.