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How We Lost the Un-Losable Case - Panagacos v. Towery

Today the Ninth Circuit Court ruled against the American People in favor of the Federal Government in the case of Panagacos v. Towery. This is the case that opposed the spying by the JBLM Force Protection Division against the Port Militarization Resistance and many violations of our civil rights.
The crimes of the JBLM Force Protection Division go unpunished and the violations of our civil rights remain un-redressed. But how could we lose what should have been an un-losable case? From the mountains of evidence we presented, and even by the admission of Thomas R. Rudd, there can be no doubt that the JBLM Force Protection Division engaged in on-going illegal activity over many years (and is still engaged in illegal spying even today). It is however very difficult to fight the US Army's unlimited funds and numerous attorneys who were able to bury the truth under a never-ending series of motions to dismiss, suppress, and restrain. Simply put the government outspent us and buried the courts in so much confusing paperwork that the judges were unable to see the truth through the blinding flurry of motions.

Ok, so we lost this battle but the war is far from over. There can always be a new lawsuit filed against the JBLM Force Protection Division. Their crimes never stopped and this "win" before the court will only serve to embolden them. But things are different now for us as well. Over the years, we have gained friends and sources of information on JBLM. We receive much of the information published be the JBLM Force Protection Division through public records requests, and frequently from our friends on JBLM. We have copies of their email distribution lists and telephone rosters, and we have friends who are ready to report on their crimes.

So how can you help?

* Continue to build relationships and develop friends on JBLM.

* Find every piece of information that you can about the JBLM Force Protection Division so that it can be included in our own intelligence databases.

* Make detailed notes of every violation of law, regulation, and policy committed by any member of the JBLM Force Protection Division.

* Send whatever information you find to our intelligence officer (make it known that you have evidence of crimes being committed by Thomas Rudd and Daniel Vessels and we will contact you).

Soon we will have enough evidence to *Rise Up* and head back to court - this time for the win!

( https://crabgrass.riseup.net/)

Ninth Circuit Boots Anti-War Groupís Appeal 03.May.2017 21:23


Olympia police are entitled to qualified immunity for arresting and pepper-spraying the plaintiffs because they plaintiffs did not present sufficient evidence that a constitutional right was violated.

The Tacoma police did not violate the protesters' privacy rights by infiltrating their listserv, which was never established as private or protected by attorney-client privilege, nor did they violate one protester's privacy by setting up a camera two blocks from his home.

Towery and Rudd also are entitled to qualified immunity. "Undercover operations, in which the agent is a so-called 'invited informer,' are not 'searches' under the Fourth Amendment," the panel held.

The judges also denied the plaintiffs' request to unseal confidential documents.


Most everyone who viewed this case and read the evidence we presented thought that there was no way that we could lose this appeal. But the government had a trick up its sleeve. Just before oral arguments were heard, and continuing until this decision was made - a decision coming very quickly indeed we might add - Andrew C Hendricks began posting all sorts of rants and conspiracy theories on-line. As we said in a comment on April 5th, "The government needs a distraction, something to draw the court's attention away from the facts of our case. Regardless of the decision of the court, we want to make the entire case public, while the government wants to keep most of the case sealed. Drew's crazy posts, rants, and conspiracy theories gives the government its distraction and a reason to ask the court to keep the records of this case sealed. Drew Hendricks has done more damage to our case in the past week with his inane ramblings and wild conspiracy theories than the government and its army of attorneys have been able to do in years. If the court rules against us on Friday [April 7th 2017], the fault lands squarely in the lap of Drew Hendricks."

Well the court did rule against us, and the court kept documents in this case sealed.

So, we didn't lose on the merits of our case, rather we lost because the government found the distraction it needed - Drew Hendricks the government's "useful idiot".

No Legal Fees for Towery or Rudd 06.May.2017 09:00


Neither John Towery nor Thomas Rudd will be paying any legal fees in this case. All of their legal fees - 100% - were covered by the Army.

Towery has moved on from JBLM, but Rudd remains in the same job he had when he committed his original crimes. The spying by the JBLM Force Protection Division never stopped, and now with this bad decision by the court, will only get worse.

We have seen that we can't get a fair judgment against the government in the courts. The corruption and crimes in the JBLM Force Protection Division will never stop, Rudd is laughing about how he got away with everything, and Daniel Vessels (Towery's replacement in the Force Protection Division) is demanding even greater targeting and collection against local political organizations and activists.

Gather every piece of information that you can about the JBLM Force Protection Division. Infiltrate their meetings and get on their distribution lists. Collect their email and phone rosters. Find friends on JBLM who will inform on these criminals and make public their crimes.

No Justice - No Peace. As long as the JBLM Force Protection Division continues to exist, the war against injustice continues.