RUTHERFORD INSTITUTE DEFENDS MARINE ARRESTED: Statement on Hearing

**BREAKING NEWS** Virginia Cop Block just received this statement from The Rutherford Institute on Brandon Raub’s incarceration/ hearing.
“FOR IMMEDIATE RELEASE: August 20, 2012
Contact:  Nisha N. Whitehead, Ph: (434) 978-3888; Cell: (434) 466-6168[email protected]

RUTHERFORD INSTITUTE DEFENDS MARINE ARRESTED, INCARCERATED IN PSYCH WARD & DETAINED INDEFINITELY FOR POSTING POLITICAL VIEWS, SONG LYRICS TO FACEBOOK

CHESTERFIELD, VA— The Rutherford Institute has come to the defense of a former Marine, 26-year-old Brandon Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page. Although the FBI and Chesterfield County police have not charged Brandon Raub, a resident of Chesterfield County, Va., with committing any crime, they arrested Raub on Thursday, August 16, 2012, and transported him to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook (FB) posts were controversial and “terrorist in nature.” In a hearing held at the hospital, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward. In coming to Raub’s defense, Rutherford Institute attorneys are challenging Raub’s arrest and forcible detention, as well as the government’s overt Facebook surveillance and violation of Raub’s First Amendment rights.

“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. This should be a wake-up call to Americans that the police state is here,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”

Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his FB page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will. Outraged onlookers filmed the arrest and posted the footage to YouTube. Law enforcement officials have stated in press reports that Raub was not arrested. However, as attorney John Whitehead points out, if the police have put handcuffs on you and you’re being held against your will, that qualifies as an arrest. In a hearing before a judge on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, the judge agreed that Raub should be incarcerated at a VA hospital for up to 30 more days. Rutherford Institute attorneys are working to challenge Raub’s detention and the highly unconstitutional nature of the government’s actions.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated.”

  • Pingback: Why was Marine Vet, Raub Brandon, Arrested? ((Updates)) « Cedar Rapids Activist

  • JA Logan

    So when is being incarcerated not the same as being arrested!?

    The police state has its first victim under NDAA, who is next? Me, you? our kids, our parents? People who bleed and die for this country in some form or another are who this law was made to be applied to.

    “to defend against all threats foreign, and DOMESTIC” this includes the government becoming tyrannical.

    • PS

      That’s exactly what I said. :)

    • F all freemasons

      “first victim” no just the first you heard of

    • Marc Weers

      by their definition the peole in office right now are terrorists and should be prosecuted under their own “laws” . they have worked against the best wishes of the American people by starting wars for no reason aside from weapons manufacturers and control of world…they are paranoid and kill anyone that dont agree with them. they use torture and terror and stage FAKE TERRORIST ATTACKS and kill innocents around the world….that wiould qualify as an enemy to the American people under my definition….and theirs….im ready to march

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  • Dana

    Tis is a DIRECT violation of the first Amendment! Since when do we arrest people for what we think they might do? This is not Minority Report, this is real life. And if we allow them to do this, we might as well let them cuff us all and lock us away.

    • JaneDoe

      Dana, it is but not under the new Obama regime. Mitt should come to his defense also and the actuall lib media should take note of this and let the country know what their beloved puppet is doing. Amazing how the Pink Panthers get away with death threats to white people daily…but thats ok.

      • Stone

        JaneDoe, you really think Mitt wouldn’t condone the same action against Mr. Raub or any other dissenter?

        Mitt and Obama are just two gloves on opposing hands of the same puppet.

      • Clayton

        JaneDoe If you think anything will change under Romney you are in for a rude awaking. Google: 40 points that prove mitt Romney is just like Obama!!

    • Ian MacLeod

      They’ve been shutting down our First Amendment “rights” for some time. From Jose Padilla to occupy, It’s been unhealthy to speak your mind in this country for a long time now. It’s just getting worse, more overt. They’re going to be pushing the envelope now I think, to find out just how hard they CAN push people they get pushback.

      Ian

  • Big Gov

    surprise surprise government employee in robe with the ‘authority of law’ sides with the government whom they get their checks from… mwahahaha my evil plan is working …. the police state is afoot and the people don’t care … mwahahaha

    • Linwood Young

      yep, bought and paid for.

  • Pingback: BRANDON RAUB UPDATE: Rutherford Institute Defends Marine Arrested, Incarcerated in Psych Ward & Detained Indefinitely for Posting Political Views, Song Lyrics to Facebook | THE JEENYUS CORNER « The Jeenyus Corner

  • http://fb Jeff Horrocks

    Why wasn’t the leader of the New Black Panthers Arrested for what he said and posted? Serious Double Standards going on here.

  • Linwood Young

    I Agree This is probably no where near the first unconstitutional arrest, or “Detainment”, but just the first we have heard of. Not even all the local news chanels covered this and I am sure even less that are not local, because the media is 96% owned by the scum that controll, “OWN” our government, and they do not want us to know what is going on. They still fear us as a Whole, but not as small groups of knowledgeable people. To them we are terrorists and they have fema camps already in place to “Detain” us.

  • Tom

    State sponsored terrorism to squelch dissent.

    It has worked on me. I will keep my opinions to myself until SHTF.

    • Rizzo

      Me too. Then I’ll load my hardware.

  • George Archers

    Fact no fiction–USA per person has the most guns in the world. One problem–Americans are whimps. Their guns are mantel pieces–collecting cobwebs and rust.
    This arrest is nothing of a government crime–sad part is it is an American who served his country. When 3000 Americans Sept 11 2001 were blasted to kingdom hall by the Israel Firsters–not a whimper from the tough acting Americans. Wake-up Americans, whole government is infested with American/Israel fanantic Joos. All these draconany laws are passed by these freaks of Nature. Take your country back before it is to FKN late. Support Manning and Raub Brandon, call your local politician and demand to see them{:^(

  • fucklebuckle

    For crying out loud .. will ya all stop quoting the constitution, It no longer exists.

    Were beyond the point of no return. Cant you all see this?

    channel your energies in either prepping for your family or getting the fukc out.

  • stewie

    did they recieve a complaint or just didn’t like his style?

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  • Some Girl

    you have to remember that facebook is often all talk no action it’s just a venting social site people don’t necessarily mean to act on anything posted…

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  • Matt Connerson

    The First Amendment does not protect your right threaten harm or violent activity, particularly if you also demonstrate the ability or willingness to carry out that threat. That crosses the line into the crime of assault. It doesn’t matter if you use facebook, text message, courier pigeon or actual spoken words.

    Here, Mr. Raub made a threat and demonstrated his ability/willingness to carry it out (i.e. “sharpening the blades….”). The police responded by speaking to him, not kicking his door down and carting him off. During the course of that conversation, the police made the assessment that Mr. Raub was indeed a legitimate threat. The discretion exercised by the police officers was questioned in a court of law 48 hours later where Mr. Raub was represented by counsel. That judge clearly agreed that a potential threat existed.

    This sequence of events is extremely rare, if not completely unprecedented. Before we know the whole story, I believe a degree of deference is owed to our justice system. There is no reason to believe that the federal government, local law enforcement and the judicial system are all conspiring against Mr. Raub. A far more plausible explanation is these extraordinary steps were taken in response to an extraordinary situation.

    At best, Mr. Raub was angry, unstable and exercising poor judgment. For the public to blindly exonerate him and accuse the police of misconduct is shameful.

    If Mr. Raub chose to say these things out loud at a busy mall, or in a crowded classroom, I suspect the vigilant citizens in his proximity would have dealt with the matter first, followed by the police. Why should posting the same threats to Facebook invoke a different response?

    What if the Columbine or Virginia Tech shooters posted their plans on Facebook the night before? Is that protected speech? Did 32 people really die at Virginia Tech in order to protect someone from being questioned by police when they post threats on Facebook?

    The Facebook/First Amendment debate misses the point. Whether or not a person has the right to post those threats on Facebook is not a constitutional question, but a sociological one. The constitutional line of when speech is protected or not is fairly black and white. The real question here is about our priorities. Who are we trying to protect?

    • http://virginiacopblock.org T Man

      Bravo Mr. Connerson,
      I applaud your thorough and logical read of this situation. The voice of reason among the sky is falling, paranoid young is very refreshing. Of course, I see all things through my 71 year old eyes, and logic & reason are the tools which I use daily to evaluate all that life brings to me.
      Thank you, Darryl Erickson

    • Wayne

      You are wrong. And there is a circuit court judge that released him. That judge also gave a scathing condemnation of the magistrate that orderd mr. Raub be held for thirty more days.

      • http://virginiacopblock.org Virginia CopBlock

        I think you are misunderstood about something.

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  • Poopdick

    First amendments and rights and what not, amirite?

    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-340

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