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Dearborn video footage--egregious violations of constitutional rights

The Acts 17 missionaries have finally gotten back their video footage from the Dearborn police. (Hey, it only took 25 days.) The lies in the police reports are shocking and are revealed by the footage.

It's really a toss-up which of the two arrest videos now available on-line is the most infuriating. I'm going to post first the one that I, personally, was most struck by, but they are both in this entry.

First, the arrest of Nabeel Qureshi for having a good conversation about Christianity with a group of Muslims. The video also contains quotations from the utterly lying police report.

Let's just start counting the lies and misrepresentations here: The police report claims that Nabeel was screaming and yelling at Muslims. False. The police report claims that there was an imminent riot. False, unless the police have ESP and/or are in cahoots with the Muslims who had secretly agreed to start a riot if desired! The video indicates no imminent, spontaneous riot but rather a mere conversation. The mayor has claimed (see video here) that Nabeel and Paul were asked to stop by the police because of a dangerous crowd and that they refused and were arrested because of their refusal. False. Numerous news outlets have inaccurately reported that they were passing out literature contrary to festival rules and were arrested in consequence. This may be the result of a confusion with another video from the next day, but at least in some cases it has been used as an actual excuse for the arrest. False. (See, Ma? No literature! Just a conversation.)

What else is disturbing about the police report? Well, how about the implication that if the crowd was yelling profanities at the missionaries (which the video does not bear out anyway) this was evidence that they were doing something wrong! Say what? Wouldn't shouting profanities be possible grounds for charging the people shouting the profanities with breach of the peace? Instead, the police report implies that if someone else is shouting profanities at you, this is evidence that you need to be arrested for breach of the peace! Welcome to the Looking-glass world of sharia.

Then there is the police report's implication that the mere fact of complaints to the police about whatever it was that the missionaries were doing is itself grounds for treating them as peace-breakers. How's that, then? If I am doing something entirely peaceful and legal and malicious people call up the police and complain about my doing it, does it automatically become illegal, as if by magic? That's pretty convenient, especially in a Muslim town. "Stop them! They're talking about Jesus on the street!"

This last point reminds me of what a friend once told me about what it was like in Poland under the Communists. He was explaining why his parents, who worked for Solidarity, had never been convicted: "You see," he said, "There was still the form of due process. You had to be convicted of working for Solidarity, and they couldn't prove it in this case. The problem was just that the things that you could get put in prison for were things that should not have been illegal." That puts it pretty well. Apparently in Dearborn, one of those things that is now de facto illegal is talking with people and answering their questions about Christianity!

And that, to me, is the thing that really brings a sense of shock when I watch this video. There is Nabeel--intelligent, articulate, calm under fire, well-prepared, utterly peaceful--talking with the Muslims around him, deflecting their hostility, keeping his good humor, and answering their questions like some experienced, top-notch college professor. This is just a conversation going on--yes, with a somewhat hostile audience, but just a conversation--on a public street, in which Nabeel is calmly explaining Christian doctrine. And the police walk up and summarily put the cuffs on him for that. If you are a Christian, this should make your hair stand on end. If you are not a Christian but you have any regard at all for American freedoms, maybe your hair should be standing on end, too. The arrest in Scotland and in England of street preachers for saying that homosexual acts are wrong is bad enough. The arrest of Christian missionaries in America for calmly discussing the deity of Jesus Christ ought to be, to an American, even more shocking.

Next up, video of the arrest of Negeen. Here are some things to notice: Notice that Negeen really is quite a ways away from David and Nabeel. Speaking for myself, I find it hard even to identify them in the video at the beginning. So anyone who was talking about discreet taping--well, she didn't have a hidden camera, but she was being pretty doggoned discreet. So much so, that Nabeel and David did not even hear what was going on and did not even know she had been arrested. The police had to seek her out, and they allege a criminal complaint against her even before she refuses to turn off the camera, apparently simply on the basis of the fact that she is videotaping and is known to be a friend and associate of David and Nabeel. That should get your blood up.

Let's count the lies in the police report: Crowd, what crowd? There certainly isn't any crowd around Negeen to be "incited" by her "yelling." Riot, what riot? What imminent riot? Nothing is happening. It's just her and the policeman freaking her out by making physical contact and trying to take her camera. (Negeen, poor girl, had evidently been taught in some course on female self-defense to "get loud" while not physically resisting if someone is touching you against your will. Or so I infer. What nobody told her is that this doesn't work if the person doing it is a cop.) How is Negeen "inciting a crowd" by her cries? You mean there is a crowd around there that is going to start attacking her because of her terribly inciting cries of, "Don't touch me! You're touching me!" and "Don't take the camera!" Wow. That sounds infuriating! The police report also implies that she was being asked to move for her own safety, but in actuality, the policeman asks her to stop taping and says that there has been a criminal complaint against her, which he does not explain. Why would she need to stop taping if they needed to move her out of the area for her safety? Think of the headlines: "Dearborn police rescue female missionary from Muslim crowd. Video at 11." They should have welcomed the video; if there was danger, they should have explained the danger to her and asked her to allow herself to be escorted away for her safety. But nothing like that happens, does it?

I find it difficult to understand why the Dearborn police and officials are continuing to prosecute this case. In my opinion, they are (in web parlance) pwned by the evidence. They don't have a leg to stand on. The smartest thing they could do would be to drop the charges and hope the Dearborn Four don't press a lawsuit in the other direction. Instead they are circling the wagons. I just hope they take more and more rope and hang themselves with it. That would be highly satisfactory.

The e-mail address for the Mayor of Dearborn is:

mayor@ci.dearborn.mi.us

The e-mail address for the Michigan Attorney General (to urge him to investigate these false arrests, violation of U.S. and Michigan civil rights, and possible corruption in the Dearborn police force):

miag@michigan.gov

(Hint: Attorney General Cox is in a primary race for the Republican gubernatorial nomination. The Michigan primary is August 3, which happens to be the date for putting in evidence in this case.)

See also this page from the FBI on color of law violations of U.S. Constitutional rights. Some useful quotations with emphasis added:

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person's civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure.

Shouldn't the Thomas More lawyers be sending a complaint to the FBI for color of law violations in Dearborn?

Question: Anybody know how false arrest charges get filed? Does local law enforcement (haha) have to cooperate? How about the local prosecutor? Or is it a "do-it-yourself" process similar to filing a civil lawsuit?

Update: Thanks to reader Haecceitas for the link to the following new video. This is almost beyond belief. The police are being nice to Nabeel and David, reassuring them that they're "fine," telling them they don't need to move, even making positive physical contact with them (handshake, hand on the shoulder), when they have already arrested Negeen after claiming that there is a "criminal complaint." The mayor claims in a letter that David Wood deliberately blocked a tent entrance, knowing that he was "violating the laws" and hoping to get arrested! The video utterly contradicts this. (Notice that this video is just a few minutes before the arrest. I observe that the young man with whom Nabeel is talking here about his future plans appears to be the same Christian--presumably, a convert--for whom he is praying aloud at the beginning of the video above.)

How can the city possibly hope to get away with this?

Comments (13)

First rate reporting Lydia, a model of how to cover an issue like this on a blog. The Dearborn city government, for the most transparent of political reasons, is setting itself up for a massive 1983 civil rights violation suit.

This video adds a few more nails to the Dearborn officials' coffin: http://www.youtube.com/watch?v=BhUJ7ujOWBA

It's interesting how all of this happens after Negeen was already arrested. Not the slightest indication by the police officers at that point that there is a criminal complaint against them. Looks like the reason for Negeen's arrest was to minimize the video footage of the other peoples' arrest.

Thanks, Haecceitas, I'm going to update with this now. It's just astonishing! The police are so calm and reassuring, saying, "You're fine" over and over, that I would have believed that they received orders to arrest them only _after_ that. Except we know that this wasn't true; they had already arrested Negeen. And when they arrested her, the officer said to her that he would also be "talking with this other gentleman over here" presumably meaning Nabeel and/or David! So they _knew_. They _knew_ that they weren't "fine," yet they verbally and physically reassured them and then walked up and summarily arrested them. This is just...unbelievable. How can they possibly think they are going to get away with this?

Why don't they just go the next step in their efforts to help the police be re-trained and properly educated on our Constitutional laws and get a big youtube video to boot?

Go back out there and do the exact same things except of course, have the "aggressor" talking to a couple of plant "victimes" and everyone talking about baseball and how great the governor is, have the sound turned off on the obvious two cameras and the sound turned on on a "bystander"'s camera. When the police arrest and charge you.....got to court and be convicted for taking the 5th. Then suit for city retraining. Have the video already viral on youtube.

Obviously, they'll read this - but absolute power just can't help themselves and they'll overstep all the same, sadly. But after retraining, they'll have learned to look at the situation with common sense and do their job - serve the people and protect our rights to life and liberty.

I'm also wondering as to why the Dearborn police did this in spite of a federal judge's order allowing this group to distribute literature...

Dave, the federal order was in response to a different group's suit. Mind you, it's silly for them to pretend that it therefore applies only to that group. Imagine how that would play out with abortionists: "Okay, the judge said we can't arrest _that_ abortionist because the law is unconstitutional, but we'll still arrest all the _others_."

But in any event, the use of a "breach of the peace" charge is clearly intended to be used regardless of any ruling of any kind concerning literature, as is evident from the fact that the Acts 17 guys weren't passing out literature. The intent is clearly to chill all evangelistic conversations that don't take place at a rented booth. This is blatantly unconstitutional, as even the Supreme Court precedents in place expressly protect the right to mingle with the crowd and share one's views. So instead of making a _rule_ that Christians can't mingle with the crowd and share their views (which would immediately be challenged on constitutional grounds) the police--obviously, to my mind, working with the Muslim community--are chilling such free speech on an ad hoc basis by making false arrests and fabricating claims of "breach of the peace" against anyone who violates this unwritten rule--no Christian conversations outside of booths. It's convenient for the Muslims to have the Christians corralled in that way for many reasons. For one thing, they can keep an eye on their own young people and either keep them away from such areas or monitor their conversations in such areas closely in case they show signs of converting. If the Christians can just wander around freely it's harder to keep tabs on the Muslims who might be influenced by them.

Thanks for the clarification.

I think I gave this link at the Answering Muslims blog but I'm not sure if you noticed it and listened to the interview: http://openaudiovideo.moody.edu/OSAM/OSAM/ASX/Audio/wma/Radio/WMBI-TMR/2010-06/McDowellDearbornArabFestivalEdited.asx

Sorry, I intended to post that link on your post about McDowell.

Thanks, I'm going to post it over there Haecceitas, and respond there.

Question: Anybody know how false arrest charges get filed? Does local law enforcement (haha) have to cooperate? How about the local prosecutor? Or is it a "do-it-yourself" process similar to filing a civil lawsuit?

First of all I am not a lawyer but I did stay in a Holiday Inn last night!

Seriously, I am preparing a lawsuit to file in federal court.(I graduated from UCONN School of Law)
A judge denied me due process and deprived me of a constitutionally protected property right. I am filing under 42 U.S.C. 1983. Look at cases that cite 42 U.S.C. 1983. Start with google/scholar. Go after them hard!!

I can tell you what I am doing but I cannot advise you on matters of the law.

Thanks. The trial starts on Monday, btw. I'm planning to include this news in a new post today or tomorrow.

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Color of Law Violations BY Justice Employees and Elected Officials - T42CFR417.1 Grievance Appeals Procedure, alternate T18CFR1518CRIME dispute resolution - adverse determination - systematic denial of Civil and Criminal Rights for Due Process regarding Federal Contractor HOSPITAL Dumping to force illegal State Medicaid kickback conversion - racketeering against the elderly in HCFA Region 5 MICHIGAN.
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Subj: Re: Health Alliance ( Hospital ) Insurance Fraud - HHS|OIG|HMO T42CFR417.1 anti-dumping and anti-kickback violation
Date: 2/21/2003 5:07:41 PM Eastern Standard Time
From: senator@stabenow.senate.gov ( Senator Debbie Stabenow ) alternate T18CFR1518CRIME dispute resolution - grievance procedure T18CFR371CRIME color of law T18CFR242CRIME.
To: kstbylite1@aol.com
February 21, 2003
Thank you . . .
. . for contacting me about ( OPM FEHBP Hospital Dumping $25,000 Felony ) insurance & Medicaid ( HCFA|OFIS Kickback $50,000 Felony ) fraud committed by ( Federal OPM FEHB|HMO ) Health Alliance Plan [ enactment of T42CFR417.1 grievance procedure: systematic denial of covered T42CFR409.33 Hospital & Nursing Home Service Claims, adverse determination resulting in physical injury and death ]. I appreciate that you have taken the time to communicate your views and concerns with me. I understand your concern about this issue. ( T18CFR1518CRIME Obstruction of justice ). Should related legislation ( Nov 2003 Medicare Drug Plan - 2004 lawsuite abuse reduction act - 2010 Health Care Reform ) come before the U.S. Senate for a vote, I will keep your views in mind, and share your thoughts on [ OPM FEHB T5CFR890.105 - systematic denial T42CFR417.1 of covered T42CFR409.33 Post HOSPITAL Extended Care NURSING HOME Service Claims - racketeering ] this Issue with my colleagues who serve on the Health, Education, Labor and Pensions Committee. Thank you again for contacting me. Please feel free to contact me whenever I can be of assistance to you or your family.
Sincerely,
Debbie Stabenow - D-Michigan T42CFR417.1 alternate T18CFR1518CRIME dispute resolution
DISHONEST United States Senator - Federal Budget Committee
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Title 42, U.S.C., Section 14141 makes it Unlawful for STATE or Local LAW ENFORCEMENT Agencies to ALLOW officers to engage in a pattern or PRACTICE [ 1998 DOJ - HCFA and HHS|HMO T42CFR417.1 grievance procedure - Anti Trust - DOJ alternate T18CFR1518CRIME dispute resolution: systematic denial of Existing -Covered- Federal Hospital Insurance T42CFR409.33 Claims - Failure to keep from harm, to force, fraud by fright & illegal billing - illegal HCFA State OFIS Medicaid T42CFR409.33 Kickback $50,000 felony conversion ] of conduct that deprives persons of rights protected by the Constitution or U.S. laws.
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U.S. Constitution: Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection Amendment Text |Annotations
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
.
MICHIGAN INSURANCE BUREAU
611 West Ottawa Street 2nd Floor North
Lansing, Michigan 48933
(517) 373-0220 (Voice)
(517) 335-4978 (Fax)
.
The Office of Financial and Insurance Services (OFIS) provides information regarding financial institutions, insurance, and securities. OFIS is part of the Department of Labor & Economic Growth (DLEG) and is primarily fee-funded, requiring minimal public tax dollars for its regulatory and consumer assistance activities.
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1999 still pending 2010 -- RACKETEERING -- MICHIGAN law requires YOU [ Federally Entitled T42CFR409.33 Hospitalized INDIVIDUAL ] to complete an internal review with your health plan [ HAPCORP.ORG - HHS|OIG|HMO T42CFR417.1 Alternate Dispute Resolution - grievance procedure - Adverse Determination - $25,000 anti-dumping violation ] prior to using the external review. The health plan [ HMO ] will give you a final decision within 45 days and will provide an Office of Financial and Insurance Services ( OFIS ) Health Care Request for external review form. If your health plan does NOT Provide a decision within the Required Time Frame, you may file for External Review Without the Notice of [ DANGEROUS PROVIDER - 1998 Volentary Disclousure Program - HHS|OIG|HMO T42CFR417.1 grievance procedure - Adverse Determination, T18CFR242CRIME $25,000 Anti-dumping violation, to force, fraud by fright, illegal HCFA State OFIS Medicaid T42CFR409.33 Kickback $50,000 felony Conversion ] Final Adverse Determination 42CFR438.704.
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Subj: Re: Health Alliance Hospital Insurance Fraud
Date: 4/15/2003 12:44:25 PM Eastern Daylight Time
From: MIAG@michigan.gov (Michigan Attorney General)
To: Kstbylite1@aol.com
Thank you for your email to the Attorney General.
Due to the large volume of email and surface mail we receive, we may not
be able to respond right away. This automated response has been
established to let you know that we have received your message, and it
has been forwarded to the correct Attorney General division for review.
Once we have researched your question, we will reply by email.
.
State of Michigan
Department of Attorney General - T18CFR242CRIME
P.O.Box 30212
Lansing, MI 48909
Mike Cox Attorney General - INTIMIDATION - T18CFR1518CRIME
June 10, 2003
Dear Mrs. Kimball:
This is to acknowledge your e-mail of April 15,2003, reguarding your ( Criminal ) complaint against [ OFIS T18CFR286CRIME and ] Health Alliance. [ HAPCORP.ORG 42CFR438.704 systematic denial of T42CFR409.33 post-hospital extended care services $25,000 Anti-dumping violation, to force - fraud by fright, illegal HCFA State OFIS Medicaid Kickback T42CFR409.33 $50,000 felony Conversion T18CFR286CRIME ]
The Office of Financial and Insurance Services ( OFIS ) is the State Agency Responsible for regulating insurance companies doing business in the State of Michigan and investigating matters involving insurance companies and policy holders. I am, therefore, sending your letter to OFIS [ intimidation T18CFR242CRIME - T18CFR1518CRIME - T18CFR286CRIME ] so they can investigate the matter, and I am requesting them to contact YOU directly [ intimidation ] regarding their findings.
Thank you for bringing this matter [ Public Corruption ] to my attention.
Sincerely yours,
Mike Cox
Attorney General - willfully failed to keep Individuals from harm | criminal and financial misconduct against the Citizens of Michigan Allowing domestic terrorism against the elderly, by systematic denial of post-hospital extended care services resulting in bodily injury and death. T18CFR242CRIME.
c: Consumer Services
Office of Financial and Insurance Services - 1998 illegal agreement with HCFA Region 5 and U.S. Attorneys - to allow HAPCORP.ORG to harm 42CFR438.704 their Covered Individuals | Citizens of Michigan for Medicaid kickbacks - 1998 DOJ - HCFA and HHS|OIG Volentary Disclousure Program RICO
P.O.Box 30220
Lansing, MI 48909
( 517) 373-0220
.
Failure to keep from harm [ T42CFR438.704 ]: The public counts on its LAW ENFORCEMENT OFFICIALS to PROTECT local communities. If it's shown that an official willfully failed to keep an INDIVIDUAL [ Retired Federal OPM FEHB|HMO et al ] from HARM [ HHS|OIG|HMO T42CFR417.1 Anti-Dumping and Anti-Kickback Violation ], that official could be in violation of the color of law statute
.
Subj: MI Civil Rights Dept. 285032
Date: 12/2/2003 10:42:57 AM Eastern Standard Time
From: BlairJ@michigan.gov - INTIMIDATION
To: manifestdreams aol.com
Sent from the Internet (Details)
Dear Ms. Kimball,
Thank you for your e-mail correspondence on November 18, 2003.
As YOU [ Individual ] WERE NOTIFIED in April and August 2002, this department is unable to assist you [ T18CFR242CRIME OPM FEHB T6CFR900.401 ] with your concern. If you have not already done so, I encourage you to contact the Michigan [ OFIS - RACKETEERING ] Insurance Bureau.
Sincerely, Joan Blair, Reconsideration Team Manager 313/456-3827
.
MICHIGAN Racketeering - According to the Detroit News, Between 1999 & 2001 Michigan's Medicaid clientele ballooned [ HHS|OIG|HMO T42CFR417.1 systematic denial of Existing Federal T42CFR409.33 Insurance - induced forfiture | $25,000 Anti-Dumping Violation, to force - fraud by fright - illegal HCFA State OFIS Medicaid kickback T42CFR409.33 conversion ] to 1.25 million from 1 million, AT A COST [ T42CFR417.1 failed to provide existing federal insurance - T42CFR438.704 ] of approximately $6,000 on - Each [ Defrauded Federal Beneficiary - INDIVIDUAL ] Medicaid [ KICKBACK ] Reciepent.
The Detroit News stated according to Paul Rienhart a Medicaid Expert in The State Budget Office of Michigan, says
HCFA | OFIS Medicaid consumed 8% of Michigan's General Funds in 1998.
HCFA | OFIS Medicaid will [ HHS|OIG|HMO T42CFR417.1 alternate dispute resolution - Volentary Disclousure Program for Dishonest Providers T18CFR242CRIME ] consume 32 % of the General Fund budget by 2004
.

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