Author Archives: Charles Edward Lincoln III

Government Terror Alert: City-Authorized Secret Prosecutions coming in New Orleans? A dangerous new ordinance….the Potential to Cover up Illegal Surveillance?

Charles Edward Lincoln III 1215 Prytania Street, #333 New Orleans, Louisiana 70130

June 22, 2017

Re:     Calendar Number 31,899
            Proposed Ordinance to amend City Code

“to clarify that certain records of the New Orleans Police Department are exempt from disclosure to the public if being utilized in an ongoing criminal investigation or prosecution”

To the Honorable Members of the New Orleans City Council:

            I strenuously object to the proposed ordinance on the grounds both that it appears to allow a discretionary exemption from the requirements of Article 12, Section 3, of the Louisiana Constitution far broader than currently allowed under La. R.S. 44:1 et seq..  

3 Page Excerpt from In Re Matter Under Investigation 15 So.3d 972 (Supreme Court of Louisiana 1 July 2009)

I submit that even the exemption allowed under current Louisiana Law is too broad, and note that it exceeds the breadth of the Federal Exemption to Disclosure under the Freedom of Information Act, Title 5 U.S.C. §552(b)(7), a copy of which I am attaching for the Council’s convenience.

Exemptions to FOIA—5 USC Section 552(b)(7) FOIA–Public information agency rules opinions orders records and proceedings

At best, the proposed ordinance is vague and imprecise and allows malicious and improper investigations to be hidden forever. At worst, we are creating an atmosphere favorable to secret prosecutions and secret systems of injustice for political gain and private aggression.  

It is a sham to say that secret investigations protect the innocent. Secret investigations only permit the Police to maximize their power to engage in improper surveillance and illegally terrorize the people who can never know where they stand.   In America, people SHOULD have a right to know immediately when they are suspected or accused of any crime.   We don’t need to perpetuate the heritage of “secret dossiers” inherited from J. Edgar Hoover or the KGB/NKVD.

            The United States of America suffers today from too much governmental secrecy, too many privileges and too much immunity for government officials. I was a teenager during the Watergate Era and its aftermath, and I learned to abhor all aspects of government secrecy, at home and abroad. When I was turning thirty, I spent the year of 1989-1990 in the Federal Republic of Germany and not only watched the Berlin wall come down but helped tear it down with my own hands.   I ask the members of this City Council to remember the secret investigations of the East German STASI and whether we really need secret police investigations in the United States at all.

            If criminal conduct is suspected, both the public and the people who might be accused have a right to know. Maybe the best way to prevent crime is to expose it during the planning stage, did you ever think of that? Don’t let the prosecutor who knows of a possible murder for hire allow the crime to get organized and take place before he makes it public and makes headlines with a big arrest.

Either scare or shame potential defendants who’re out “casing joints” for potential burglaries by letting them know they’re being watched or maybe LET THEM EXPLAIN that they had some innocent purpose in mind.   Why should we ever have to wait until crimes are complete to expose the possibility that crimes will be committed to the public?

            I submit that secret investigations are anathema to the genuine pursuit of truth, justice and the American Way of Life. Public investigations offer the potential to stop inchoate crimes from being completed, for potential “criminals” to mend their ways and walk the straight-and-narrow.   Or again, if people are wrongfully accused or suspected of an inchoate or incomplete crime, the cost of correcting an inaccurate suspicion is much less devastating to the individual than trying to defend against a false and malicious prosecution. And don’t tell me we don’t have any of those in our system, because we do.

            Furthermore, the proposed Ordinance is too broad and too easily misapplied to protect the guilty INSIDE the system who use surveillance for completely illegal and illegitimate purposes. I submit that the proposed ordinance is illegal, unconstitutional, and I for one plan on filing a complaint for declaratory judgment against it if it is enacted. New Orleans deserves better than this. The visitors whose tourism dollars are this cities’ lifeblood do not need to feel like they’re entering a police state where they are constantly under secret police surveillance.   The residents of this city need to know exactly where they stand with their government, and if the Police legitimately think something is wrong, the potential suspects have a right to know.

            It is simply reprehensible that this City Council would even consider an ordinance that would allow records to remain sealed, effectively, FOREVER, on thze grounds that a completely groundless and frivolous murder investigation was opened…. And never brought to trial…. But it might be since there’s no statute of limitations on murder… when the REAL purpose of such an investigation was to compile politically useful blackmail material on one or more targets.

            Are we so naïve to think that such abuses do not happen? I certainly hope not…

            The proposed ordinance’s phrase “until after such original records have been used in open court or the criminal charge or investigation has been finally disposed of” is simply TOO vague and indefinite and clearly invites abuse.

            I propose and submit that there should be NO special New Orleans Ordinance for secrecy from public information disclosure requests in any police work—NONE WHATSOEVER, but if there must be secrecy, it should be no broader than that authorized by Federal FOIA, Title 5 U.S.C. §552(b)(7).

“The Damnation of Confederate Memory”

Of course, the real reasons for the removal of all traces of competing views of history is Orwellian:
“Every record has been destroyed or falsified, every book rewritten, every picture has been repainted, every statue and street building has been renamed, every date has been altered. And the process is continuing day by day and minute by minute. History has stopped. Nothing exists except an endless present in which the Party is always right.”

A specific example of propaganda with genocidal and repressive intent:

this utterly despicable May 22 New York Times article, which Brother Nathanael mentions, exemplifies the conspiracy to falsify both the past and the present history of the United States of America and the South:

I say we have to fight back— Kirk David Lyons has established the Southern Legal Resource Center an “Antithesis” to the SPLC, which I completely endorse:

https://slrc-csa.org/

https://www.facebook.com/SOUTHERN-LEGAL-RESOURCE-CENTER-INC-162676542868/

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Jeff Sessions’ War on Personal Freedom

May 31, 2017Jeff Sessions’ War on Personal Freedom Replyby Keith Preston • Police State/Civil LibertiesBy James C. WilsonCenter for a Stateless SocietyAt a recent press conference, Attorney General Jeff Sessions said: “If you want to collect a drug debt you can’t file a lawsuit in court.” This was an attempt to justify his May 12th memo instructing federal prosecutors to pursue the strongest possible sentences for drug offenders, including non-violent ones. It should be obvious to Sessions that legalizing drugs would solve the above mentioned problem, without the ugly side effect of locking more people into America’s nightmarish prison system for trivial “crimes.”Then again, perhaps this ugly side effect is a feature rather than a bug for Sessions, who has openly supported the private prison industry throughout his career. Two of his top aides have recently moved on to lobby for GEO Group, the scandal-ridden private prison behemoth that donated just under a half-million dollars to Trump’s presidential campaign. Private prison stock has risen sharply as Sessions made his support for federal private prisons and draconian drug policies known. This is also reflected in his orders to increase the prosecutions of undocumented laborers, who undoubtedly will pass through GEO Group’s detention centers.One cannot escape the irony of the self-proclaimed party of small, limited government behaving as monstrously and intrusively as it can when it’s in power, and in a way that unambiguously benefits its donors. To add further irony to the situation, this comes at a time when support for the legalization of cannabis is at all time high. More and more Americans are realizing that prohibition does not work and never has. The link between drugs and crime, which Sessions complains of, exists only because drug users are forced into a black market where none of the standard legal protections apply. Liquor store owners do not enter turf wars, but prohibition-era mobsters did. The same logic applies to other prohibited activities as well. Laws making non-violent drug activity more risky will make the black markets more violent, not less.Growing numbers of Americans understand this, but our politics is always behind the times, as the state never manages to shake this “Reefer Madness” mentality, which has no basis in reality. This is also reflected in Trump and Sessions’ rhetoric about crime rates being unprecedentedly high when in fact the opposite is the case, and they have been continuously falling since the 1990’s.This is not to mention the monstrosity of sending non-violent people into the US prison system, a notoriously violent place, to begin with. Many otherwise peaceful people will be made more violent as a result of their time in prison and this can hardly be seen as a positive outcome.Millions of Americans use various illegal drugs as means of relaxation, a catalyst for creativity, and as a business opportunity: often in places where they are shut off from other means of making money. The majority of drug users do so peacefully, without causing harm to others. While negative consequences do exist, they are only made worse by prohibitionist policies. Full decriminalization is the only drug policy consistent with a free society.Reinvigorating the drug war is another instance of our expansive government’s war on personal freedom. It is time to free ourselves from outdated authoritarian thinking and create a future with marijuana in every corner shop and a taco truck on every street.

Source: Jeff Sessions’ War on Personal Freedom

Although a fight currently waged against metal and mortar, the glee attending the left’s dismantling of New Orleans’s Confederate statuary has taken on the stink of bloodlust.  Down go the statues of Beauregard, Davis, and Lee; up come&n…

Source: Although a fight currently waged against metal and mortar, the glee attending the left’s dismantling of New Orleans’s Confederate statuary has taken on the stink of bloodlust.  Down go the statues of Beauregard, Davis, and Lee; up come&n…

Requiem for Pierre Gustave-Toutant Beauregard

Sundown We Remember

The nation and your state might have forgotten
Their favorite Son of New Orleans

As True Southerners, we will
Never teach our children to admit that their fathers’ were wrong in their efforts to maintain the sovereignty, freedom, and independence which was their birthright

As True Southerners, we will not forget the honorable American Veteran standing here
PTG Beauregard
Not only a Soldier and Son but
A bridge maker of diversity

Last Tribute”
“Oh! Of him, we can say with all frankness,
At all time we found a truly beautiful judgment
For the humble veteran, for the widow subjected
To the blows of hard destiny, striking without regard!
Noble, great, generous: during his long life
Never the fatal venom of any dark suspicion
Could even caress his glory, his genius,
That gave him a divine prestige.
Tender husband, good soldier, and Creole knight,
His name, saintly balm to the hearts of Louisianans,
Will always shine, as the sun’s halo
That left a pure sky shine and never die
In the grave where rests a magnanimous warrior,
Near his dead companions the brave soldiers,
I come her to deposit for all a pledge of esteem
A modest laurel to your noble passing

Rest easy Nobel Son we will carry on

On Thursday, September 17, 2015—I spoke to the New Orleans City Council….

in my ideas: I spoke (for a whopping three minutes) at the City Council on Thursday morning and stated that the monuments should be protected by Federal Law under the 1969 National Environmental Policy and Protection Act, especially its “Cultural Resource Management” provisions and the National Historic Preservation Act.
 
I suggested to Councilwoman-at-Large Stacy Head, and the Council that an initial Environmental Assessment (E.A.) and Environmental Impact Statement (E.I.S.) should prepared concerning the physical and social environment of New Orleans. I would go so far as to suggest that the French Quarter and Garden District, at the very least, should be declared part of a UNESCO World Heritage Site.
 
So, I agree in principal that the monuments should be protected under Federal Law, but I do believe that all the monuments themselves rest on New Orleans Corporate (i.e. City owned) or Parish Property rather than Federal Property. I know of only one “National Park” within the City of New Orleans, namely the Jean Lafitte National Park…. If you know differently, please private message me and we can talk.
 
I met and introduced Tim Shea Carroll to the Archivist of the Clerk of Court, and I know he inquired about deed restrictions on the Beauregard Monument. If anything, there may be private servitudes under Louisiana Civil Code Law that control or should control the disposition of these monuments.
 
Landrieu has raised all this under New Orleans “Nuissance” Law, and “Nuissance Law” is fundamentally about land use and public policy—-I strongly contend that NEPA and NHSPA federally PREEMPT State and Local Nuissance Ordinances, but even just applying the Civil Code Law of Nuissance, I don’t think Landrieu’s position has any validity.

Wrap the Bonnie Flag ‘Round Me, Boys

Source: Wrap the Bonnie Flag ‘Round Me, Boys