Gary Raney, Oath Breaker
“I have been asked many times in the past couple of weeks whether I will uphold my oath to defend the Constitution and proclaim an intolerance of federal action against the Second Amendment,” Raney wrote in a January 2013 Idaho Statesman op-ed column. “Many others have indulged that pressure and now we see Oregon sheriffs, Wyoming legislators and others making hollow promises to protect you from the intrusions of the federal government.”
“I did not swear to uphold just part of the Constitution,” Raney continued, before tacitly promising to do precisely that. Although the Constitution “includes the right to keep and bear arms … it also includes the `supremacy clause’ that says that every state shall abide by the laws passed by our Congress.” On this construction, if the federal government imposes measures nullifying the innate right to armed self-defense – which exists independent of any constitution or legislative enactment – it is the duty of law enforcement officers to secure compliance, and to imprison or liquidate those who refuse to submit.
Despite his personal opposition to “some of the gun control measures currently under consideration, my oath requires me to uphold the laws that are passed by our federal and state representatives,” concluded Raney, thereby demonstrating that for him the “supremacy clause” is the only part of the Constitution that matters.
Raney’s invocation of the supposed duty to execute the will of the central government, however odious, brought to mind an editorial published a while ago by the Telegraph and Democrat Review of Alton, Illinois:
“The law in question may be defective – it may, in some particulars, be unnecessarily severe; its operation may, in a few cases, prove oppressive, perhaps unjust. But so long as it shall remain on the statute book of the United States, it will be the bounden duty of every good citizen to interpose no resistance to its execution.”
That editorial was published on November 22, 1850, and the law to which it referred was the Fugitive Slave Act, under which local sheriffs and constables of Gary Raney’s ilk tracked down human beings who had fled from chattel slavery – or free black men who were falsely described as “escaped slaves” — and delivered them into the hands of others who claimed to own them.
If Idaho had been part of the Union in 1850, and Gary Raney had been Sheriff of Ada County, he would have enforced the Fugitive Slave Law with the same avidity he has displayed in enforcing the federal narcotics laws that are distant but undeniable kindred to that repellent measure.
Shortly before Raney published his paean to federal supremacy, the Idaho State Legislature passed HB 219, which would have made it a misdemeanor offense for any peace officer in the state to participate in federal civilian disarmament initiatives. That measure, astoundingly, enjoyed the support of the rank-and-file of Idaho’s Fraternal Order of Police and nearly every member of the Idaho Sheriffs Association. Raney’s anti-gun perspective was very much a minority view within the organization over which he presided, but this didn’t deter him from setting out to scuttle the bill.
Killeen.
Raney deployed ISA Executive Director Vaughn Killeen – the former Ada County Sheriff who had mentored him – and Mike Kane to lobby the senate against HB 219. Killeen and Kane cornered key senators and rehearsed the litany of supposed horrors that would descend if the legislature offended the Feds – such as curtailment of Justice Department grants and perhaps even an end to the officially sanctioned plunder called “civil asset forfeiture.”
Raney’s lobbyists succeeded in killing the bill in the senate – and they did so without filing the proper lobbyist disclosure forms.
In May of 1974, Florida Circuit Judge Harry Lee Coe, who had been given the sobriquet “Hangin’ Harry” as a tribute to his severity, accepted Patterson’s plea and placed him on five years of supervised probation. Because Judge Lee retained jurisdiction, the conviction would be expunged from Patterson’s record after probation was concluded. At that time, according to Florida law, Patterson would not be considered “a convicted person” and would be legally entitled to “deny having a conviction, even when subject to deposition or while testifying in court.”
As it turned out, Patterson didn’t have to wait five years. His conviction was vacated by Coe – who, once again, was not well-acquainted with the concept of leniency – in July 1976, after a private investigator hired by Patterson’s family provided evidence that the alleged victim had recanted her accusation.
Rape and attempted rape are vile, horrendous crimes, irrespective of the background or character of the victim. Mark Patterson never committed that offense, or anything akin to it. His qualified guilty plea was wrung from him following a period of pre-trial detention during which he was beaten and threatened with sexual assault.
Mark Patterson and his family.
After Judge Coe released him from probation three years early, Patterson was an innocent man, both in law and in fact. Over the intervening decades, Patterson built a career in the productive sector, creating a hugely successful business in Boise. After he was financially secure, he married — somewhat later in life than most Idaho residents — and started a family. He was elected to the Idaho Legislature as a “Tea Party”-aligned conservative in 2012.
His long-resolved legal proceedings left a residue in an FBI database, however, which offered an ethically deprived sheriff the means to retaliate against him decades later, with the help of a reporter who was similarly unhindered by scruples.
In a November 1, 2013 conversation with Rep. Boyle, Popkey reportedly said that “somebody, simply out of a sense of duty … called Sheriff Raney and told him that he knew Mark Patterson had lied on his CWL [application] and directed Raney to this specific 40-year-old case in Florida.”
The fact that Patterson had a CWL was not public knowledge. His personal information in the NCIC database was confidential and protected by federal and state law. The only people who would have known about these matters are Raney and a few of his subordinates. In response to an inquiry Raney insisted to me that “the actions by the Sheriff’s Office followed the law, including protecting personal information relevant to concealed weapons permits.”
Yet somehow, according to the story both Raney and Popkey have told, some still-unnamed person, burdened with pious purpose and propelled by civic resolve, provided Raney with this crucial and long-ignored intelligence on the precise day that he could use it to retaliate against a state legislator who was investigating the sheriff’s misconduct.
Whoever leaked that material to Popkey committed a criminal offense, but on this occasion Raney’s zeal for enforcing the law failed him. Once Patterson had been traduced as a “rapist” in the local and global media, Raney insisted that the matter was “closed” – without explaining what he had done to plug this leak of protected information, or identifying those responsible for granting and renewing Patterson’s CWL despite his supposed omissions.
Smeared and threatened: Rep. Boyle.
Rather than cleaning up affairs in his own office, Raney expanded the compass of his retaliation to include Rep. Boyle.
In an October 31, 2013 letter to Idaho House Speaker Scott Bedke, Raney claimed that Boyle’s letter to the Attorney General inquiring about the CWL conferred a personal benefit on Patterson in “violation of the Ethics in Government Act.” He also suggested that Boyle had committed “theft through diversion,” and demanded that she face an ethics investigation.
Forcedout of the legislature and driven from the state after his reputation was ruined, Patterson filed notice of an impending lawsuit against Raney and Popkey. Shortly after that tort claim was filed, Popkey resigned from the Statesman and took a new position with Republican Congressman Raul Labrador. Now Raney is making an unexpected career change of his own. There are indications that in his new federal position Raney will continue to indulge his well-established appetite for retaliation against critics.
In 2010, Raney was appointed by Attorney General Eric Holder to serve as one of two sheriffs on the Advisory Board of the National Institute of Corrections. (The other sheriff on that board, interestingly, is Tulsa County Sheriff Stanley Glantz, whose corrupt departmenthas been the focus of a great deal of recent media attention.) More recently he was appointed chair of the Washington-based Pretrial Justice Institute (PJI), a public-private partnership within the prison-industrial complex.
During a recent online exchange, former Justice Department official Dennis Bartlett, Executive Director of the American Bail Coalition (ABC), suggested that Raney’s new federal job would require that he resign from his position at the PJI.
“No, Dennis, [I] won’t be leaving PJI,” Raney replied. “In fact, I will be investigating the widespread corruption in the commercial bail industry and your unethical blood-sucking practices. I’ll be in touch.”
That investigation would be an exercise in turf warfare, rather than an effort to serve the public interest. The PJI and ABC lobby on behalf of competing cliques of prison industry profiteers.
Raney’s smug threat reflects the fact that as a Justice Department employee, he will have the advantage of enforcement “authority” and “qualified immunity” in pursuing the interests of his corporatist tribe. He will also be able to make use of a professional network he has built over four decades of employment as part of the enforcement caste.
During his teenage years, Raney was recruited by the Police Explorers, which is sort of a Komsomolfor American youths who want to make a career in the state’s punitive apparatus. Five years later he became a reserve officer, and he has never had a job in the productive sector.
As sheriff, Raney never gave the Feds cause to worry that he would interpose against them on behalf of the rights and interests of his constituents. The Feds appreciate a sheriff who knows the length of his leash and licks the hand that fills his dish. Raney’s canine subservience explains why the Feds are taking such good care of him now.
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Dum spiro, pugno!
Source: http://freedominourtime.blogspot.com/2015/04/gary-raney-oath-breaker.html
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You know, in the end, it is the voter who actually has the power to NOT PUT SOMEONE in office, and simultaneously, it is THE VOTER who can call for an OFFICE RECALL if that elected official isn’t doing his ELECTED JOB.
That this obviously didn’t happen, then it is THE VOTER who is going to pay this person their LEGALLY PRESCRIBED PENSION. Stop crying about evil, when the majority of your fellow man elected it, tolerated it, didn’t recall it, and waved it ‘goodbye’ when it retired.