News
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- Written by: John Paff
- Category: Open Government Advocacy Project
On November 2, 2010, the Borough of Seaside Heights (Ocean County) agreed to pay $50,000 to a Bloomingdale man who sued members of the Seaside Heights Police Department for falsely arresting him after he photographed the officers arresting another man.
In his suit, George W. Kramer said that on July 29, 2007 he was returning to his friend's car after a night on the town when he observed police "in the process of assaulting and/or arresting a number of individuals, including one individual who was on the ground, handcuffed, and being 'Maced.'" Since he had a camera on him, he snapped a couple photos of the encounter from across the street.
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- Written by: Jay Edgar
- Category: Latest News
I keep getting anti-immigration emails from right wing groups claiming all sorts of things about The Dream Act. As someone who supports a free market and free people, I think this is a good bill. It still has too much bureaucracy and doesn't apply to enough immigrants however.
Most of the right wing groups emails that I am getting claim that this is a give away of student aid and provides free college tuition. The bill has none of that in it. In fact it limits financial aid to loans only, work study, and Title IV aid. This is all subject to the same rules as any other student and does not provide for any special aid for illegal immigrants.
Immigrants who take advantage of the Dream Act are given a 10 year conditional non-immigrant status. They are no longer eligible if they "become a public charge" (i.e. become dependent on the state). Eligibility is removed for a list of other reasons.
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- Written by: Jay Edgar
- Category: Latest News
Examples of individuals using guns to defend themselves abound. A simple Google search has turned up the following:
- This past Thursday in Houston, a store owner shot three robbers who had tied up his wife.
- On Saturday a business owner shot and killed a robber at her Fresno, CA video game store.
- Also on Saturday in Georgia, a man shot a knife wielding robber in a parking lot.
- On Monday, a man in Kansas shot a would be robber in his apartment.
- Earlier this month in Georgia, a liquor store clerk shot and killed one of the two men attempting to rob him.
- In Tennessee a pizza delivery driver used a handgun to defend himself against three robbers, killing one of them.
- Just after Thanksgiving, a homeowner defended his family against a home intruder in Arkansas.
- This past summer an 11 year old girl defended herself with her mother's rifle in her Albuquerque home.
Meanwhile here in New Jersey Brian Aitken sits in jail merely for having weapons and ammunition locked in the trunk of his car. Law abiding New Jersey residents are left with little options for self defense.
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- Written by: Alex Pugliese
- Category: Selected Blogs
In 1964, at the Republican National Convention in San Francisco, Republican Presidential Candidate Barry Goldwater stated in his acceptance speech that “Extremism in the defense of liberty is no Vice” and that “Moderation in the pursuit of justice is no virtue.” When it comes to defending freedom, liberty and supporting the causes that I believe in, I must confess that I am an extremist. However, one thing that I am not, nor will I ever be, is a fanatic. There is a big difference.
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- Written by: Bob Ingle
- Category: Selected Blogs
New Jersey has unusually strong — some say stupid — gun laws, and while it's debatable how much safer it makes us, in the case of one young man the way the law was applied is a disgrace to the legal system and the state.
Brian Aitken, a native New Jerseyan and Rutgers grad, moved to Colorado, where he purchased two handguns legally. When his marriage broke up, his ex-wife and son moved to Toms River. To be closer to his boy, Aitken sold his house and returned to the Garden State.
In January 2009, when he was visiting his parents' house, his mom became concerned about Aitken's mental state after he had been denied a visit with his son three times in two weeks. His mom, Sue, told Dennis Malloy of 101.5 FM radio she had been trained to call police in such cases. She hung up after dialing 911 without talking to anyone but the cops showed up anyway. She told them her concerns and the police called Brian en route to his Hoboken apartment and asked that he return to his parents' house. He did.
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- Written by: Chris Wuestefeld
- Category: Latest News
There's been a lot going on for the past week or two surrounding the WikiLeaks release of a number of secret diplomatic cables. The release of the leaked cables must be considered separately from what's been going on in its wake.
We've got the right to know what our government is doing. In fact, since our society is "government of the people, by the people, for the people", I'd argue that we have an obligation to keep an eye on the government. But that is in tension with the government's own responsibility to defend us: some things, like military strategy or, yes, diplomatic proceedings, need to be held close to the vest to be effective at all. This leads to a sort of Catch-22. We need to police the government, but we can't know what it's doing.
I think the only way to resolve the paradox is on a case-by-case basis. Given our current environment, it seems to me that we must come out in favor of disclosure. There is just too much evidence of the government lying to us, with politicians doing what's in their own interest rather than the nation's.
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- Written by: Jay Edgar
- Category: Latest News
Included in the Obamacare bill was a provision titled: Section 2711, "No Lifetime or Annual Limits". Insurance providers will need to drastically increase rates in order achieve a no limits policy. Health and Human services have provided a method for opting out of this provision. As of December 3rd, 222 providers have had their applications approved. This has allowed for over 1.5 million people to opt out of the one of the more expensive aspects of Obamacare.
I do not yet know how many applications have been submitted or rejected. Today I submitted a Freedom of Information Act request to the federal Health and Human Services agency requesting the list of rejected applications and the reasons for each rejection. I'll update this article when I hear back.
UPDATE: On December 23rd, I got a letter back saying that my request was denied based on 41 U.S.C 253b(m) of the National Defense Authorization Act for 1997, Public Law No. 104-201b. (FOIA exemption (b)(3) permits denials based on statutes other than FOIA.)
Furthermore they are denying my request because of FOIA exemption (b)(4) which permits the withholding of trade secrets and commercial or financial information. They claim the release of the info would cause harm to the organizations.
I have 30 days to appeal. I may either appeal or I may somehow reword my request.
One thing the letter does say is that the data I requested consists of approximately 50 pages of records.
So how does publishing the list of the 222 companies who were approved not cause them harm?
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- Written by: Jay Edgar
- Category: Police Accountability Project
As reported previously, during our visit to Camden, we found that the residents are living in a police state. The residents we interviewed described how they were constantly harassed by the police merely for hanging out. Earlier this year the Camden police were accused of terrorizing the neighborhood and were found to have been conducting illegal searches and planting drugs on innocent people.
In Newark, allegations of police brutality have abounded for the past few years. Officers have been accused of shaking down drug dealers, The ACLU has made the charge that police misconduct is rampant in Newark.
The NJLP Open Government Advocacy Project has uncovered confidential payments to settle police misconduct claims in both Camden and Newark.
This past week Camden has announced plans to lay off 213 police officers, leaving 162 officers still on the force. After the layoff, this equates to 18.4 officers per square mile of land and 2.1 officers for every 1,000 residents.
Newark is laying off 167 officers, leaving 1,098 officers on the force. After the layoff, this equates to 46.1 officers per square mile of land and 3.9 officers for every 1,000 residents.
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- Written by: Wes Benedict
- Category: Latest News
FOR IMMEDIATE RELEASE
December 3, 2010
Contact: Wes Benedict, Executive Director
E-mail:
Phone: 202-333-0008 ext. 222
Wes for Wesley Snipes
Why men can't jump on Wesley Snipes
WASHINGTON - Wes Benedict, Executive Director of the Libertarian Party, issued the following statement today:
"The federal government's recent demand for tax protester Wesley Snipes to report to prison brings attention to how horrible the federal income tax system is.
"The three-year federal prison sentence for Snipes's failure to file tax returns is absurd. Snipes is not a threat to anyone, and the judge who sentenced him clearly just wanted to scare others who might think about resisting federal taxes.
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- Written by: Alex Pugliese
- Category: Selected Blogs
In 1920, the U.S. was facing an economic depression. It came in the aftermath of World War I and after the progressive administration of Democrat Woodrow Wilson. Republican Warren G. Harding replaced Wilson in the Oval Office.
To fight the depression, Harding and members of Congress supported a policy that would usher in the Roaring 1920s. The policy was to cut taxes by 50% and cut spending by the same amount. The policy brought about more revenues to the government and brought about 10 years of economic prosperity.
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- Written by: Alex Pugliese
- Category: Selected Blogs
After September 11, 2001, there has been this argument put forth by political pundits, politicians, attorneys and others that claim that in order to win the War on Terror, the rethinking of civil liberties must be done. That Americans, in order to win, must give up some freedoms in order to obtain protections. Even some civil-libertarians such as Alan Dershowitz agree with this argument. I personally find it faulty.
Let’s say for argument’s sake that this is done. When the war is over, will our liberties be restored? The answer is “no.” When government obtains a power it rarely relinquishes it. Not without a fight. Therefore, when anyone says that Americans must surrender some liberties to get the protection of the government, I get very weary.
Ben Franklin had it right when he stated that those who give up essential liberty in order to obtain security deserve neither.
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- Written by: Webmaster
- Category: Latest News
The NJ Libertarian Party is joining We Won't Fly by organizing the National Opt Out Day demonstration at Newark Airport. On Wednesday, November 24th we urge all travelers who are "selected" to undergo the intrusive full body scanning to Opt Out. Instead they will be forced to participate in the more time consuming and humiliating enhanced "pat downs". The pat downs include moving hands up legs until contact pressure is made with genitals.
We are meeting on November 24th at 6:00 PM at the bar of Chile's Too in terminal B. Demonstrations will start at 6:30.
Our goal is to raise awareness among travelers over this new TSA procedure.
For more info see our meetup page or the We Won't Fly website.
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- Written by: Jay Edgar
- Category: Latest News
The following resolution was approved by the Libertarian Party of Florida on November 14th, 2010 in response to several unlibertarian comments made by Wayne Root.
Resolution regarding Wayne Allen Root
WHEREAS, the Libertarian Party of Florida Executive Committee is committed to the platform of the Libertarian Party; and
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- Written by: Jay Edgar
- Category: Latest News
A New Jersey man gets seven years for being a responsible gun owner.
Sue Aitken called the police because she was worried about her son, Brian. She now lives with the guilt of knowing that her phone call is the reason Brian spent his 27th birthday in a New Jersey prison last month. If the state gets its way, he will be there for the next seven years.
Aitken was sentenced in August after he was convicted of felony possession of a handgun. Before his arrest, Aitken, an entrepreneur and owner of a media consulting business, had no criminal record, and it appears he made a good-faith effort to comply with New Jersey's stringent gun laws. Even the jurors who convicted him seem to have been looking for a reason to acquit him. But the judge gave them little choice.
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- Written by: Alex Pugliese
- Category: Selected Blogs
The forrth amendment to the U.S. Constitution states the following: “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue but upon probable cause supported by Oath or affirmation, and particularly describing the place to be searched and the person to be seized.”
Since 2001, with the passage of laws like the Patriot Act and with new and intrusive technologies like body scanners at airports making its way in to the light, one must wonder if the forth amendment is still applicable today. Sadly, there are many politicians, judges and political pundits (Progressives, “moderates,” liberals and conservatives) that are saying that it does not. These people, all of them, state because of the war on terror, because of safety and because of the need of government to generate revenue, all this trumps the Bill Of Rights. I find this to be very much wrong.
If the Constitution is the law of the land, then it must be treated as such. There can be no digression, no cutting of corners and no setting aside of the law for any purpose, noble or evil. Therefore, the choice is clear to me: follow the law or be ruled by fiat. I choose to follow the Constitution which is and always will be law.
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- Written by: Alex Pugliese
- Category: Selected Blogs
I am a strong supporter of the Tea Party movement. I believe the movement is correct when it says that the federal deficit and the astronomical spending done by the government are both unsustainable. I agree with the movement when it calls for cutting government down to constitutional size. Where I part company with the Tea Party movement, is when the movement says that entitlement programs such as Social Security, Medicare and Medicaid should be left alone. Considering that these programs are facing financial difficulties and are unsustainable under their present forms, and the fact that these programs are 39% of the U.S. Budget, to not reform them and ignore the problems that these programs face would be wrong and dangerous to the fiscal health of this republic.
Cutting the deficit and cutting spending will require tough and painful choices. It will require the United States to make tough decisions to get back on the road to solvency. These decisions cannot be put off for another day or for another generation. To do that, would be nothing more than passing the buck and taking the easy way out. No man, woman and no politician likes to make tough choices, but if it is for the better, it must be done to ensure better futures.
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- Written by: John Paff
- Category: Open Government Advocacy Project
Judge to hear request for Brigantine records
Open Public Records advocate John Paff's complaint against Brigantine is expected to be heard in state Superior Court in December, Paff said Wednesday.
In his suit, Paff seeks records related to the "investigative report and a municipal settlement agreement" involving former Police Chief Jim Frugoli.
Paff, a state Libertarian Party official from Somerset County who has sued multiple municipalities over public records, had sought information about the city investigation conducted in March by the law firm of Archer and Greiner.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
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Activists Joe Denise, Jay Edgar, Julian Heicklen, John Paff, and Nena Carroll loiter next to a "No Loitering" sign while protesting the abuse of Loitering Laws in Camden. |
On election day several libertarian activists visited the city of Camden to protest the police use of the state loitering with intent laws.
The NJ Libertarian Party's battle against loitering laws started some time ago. In 1979 the state enacted a uniform code of criminal conduct. Prior to 1979 much criminal law in NJ consisted of a patchwork of municipal regulations. The 1979 law was intended to have uniformity in law across the state. The 1970 Uniform Code of Conduct specifically excluded loitering as a valid offense. In 1982 in the case of State V. Crawley the courts found that local loitering ordinances are indeed invalid. So sometime in 2007 we formed a committee to identify invalid local loitering and nuisance laws and to have them overturned.
Mostly due to the hard work of the chairman of the Preempted Ordinance Project, John Paff, we have had loitering ordinances overturned in 32 towns. Most often we accomplish this with a simple letter to the township attorney noting the illegality of their ordinance. (they can be read about at http://njlp.org/loitering)
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- Written by: Jay Edgar
- Category: Selected Blogs
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Marjorie Cohn blogs at http://www.marjoriecohn.com. She is the immediate past president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law. She is the author of Rules of Disengagement, and the editor of The United States and Torture. |
In their Rally to Restore Sanity and/or Fear, Jon Stewart and Stephen Colbert effectively demonstrated how the media hypes fear. They brought out Kareem Abdul Jabbar to show that not all Muslims are terrorists. A couple of musical numbers dealt with the wars we are fighting. But neither Stewart nor Colbert mentioned Iraq or Afghanistan and how those wars are allowed to continue by the hyping of fear.
Like his predecessor, President Obama also hypes fear - by connecting his war in Afghanistan to keeping us safe, even though CIA director Leon Panetta recently admitted that only 50 to 100 al Qaeda fighters are there. Hoping to put the unpopular Iraq war behind him, Obama declared combat operations over, although 50,000 U.S. troops and some 100,000 mercenaries remain.
Tragically, both wars have largely disappeared from the national discourse. On October 22, Wikileaks released nearly 400,000 previously classified U.S. military documents about the Iraq war. They contain startling evidence of more than 1,300 incidents of torture, rape, abuse and murder by Iraqi security forces while the U.S. government looked the other way. During this time the Bush administration issued a “fragmentary order” called “Frago 242” not to investigate detainee abuse unless coalition troops were directly involved. U.S. authorities failed to investigate hundreds of reports of torture, rape, abuse and murder by Iraqi soldiers and police. Manfred Nowak, the United Nation’s Special Rapporteur on Torture, called on Obama to order a complete investigation of U.S. forces’ involvement in human rights abuses.