IPFS Vin Suprynowicz

The Libertarian

Vin Suprynowicz

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SEXUAL ASSAULT VICTIM COULD GO TO PRISON FOR RESISTING

Out of Green Bay, Wisc., The Associated Press reported Tuesday “A woman who was upset over being searched bodily at an airport was convicted Tuesday of assaulting a security screener by grabbing the federal officer’s breasts.”

A federal jury heard the case against retired teacher Phyllis Dintenfass, who also allegedly shoved the screener during the search at the Outagamie County Regional Airport in Appleton, Wisc. in September, 2004.

Ms. Dintenfass, 62, faces up to a year in federal prison and $100,000 in fines. The judge set sentencing for Nov. 1.

On July 25, The AP reported, Transportation Security Administration screening supervisor Anita Gostisha testified that defendant Dintenfass activated metal detectors at a checkpoint.

Gostisha said she took the woman to another screening area, where she used a handheld wand. Gostisha said she was following protocol when she then further performed a “limited pat-down search,” which is apparently “limited” only in the sense that it would technically be defined under any other circumstances as a mere “sexual assault,” rather than a full-fledged “rape.”

Gostisha said she was using the back of her hands to search the area underneath Dintenfass’ breasts when the woman lashed out at her.

“She said ‘How would you like it if I did that to you?’ and slammed me against the wall,” Gostisha testified. “She came at me and grabbed my breasts and squeezed them.”

Distenfass responded that she acted in self-defense.

“I said, ‘What are you doing? No one’s done that to me before,’ ” the defendant testified. “And she kept going ... for what felt like an interminably long time. ...

“I was reacting to what felt like an absolute invasion of my body,” the defendant said.

Now, how much do you suppose we would be safe in wagering that said judge in this case lied to those jurors, telling them they had no right or power to throw out the case if they felt the law or its enforcement was absurd and unconstitutional -- and that the judge further refused to seat any juror who declined to perjure himself of his verdict in advance by swearing to “enforce the law as given to you by the court”?

Before the apologists for consolidated state tyranny limber up their keyboards, let us review:

1) The most vital precedent in establishing trial by jury as a vital safeguard against state usurpation was the Bushell case, which found William Penn (yes that William Penn) on trial in London in 1670 for preaching an illegal Quaker sermon. The judges ordered the jury to convict, but refused to let them read the actual statute. The jury refused to convict, since they couldn’t figure out why this should be a crime in the first place. The jurors themselves were fined and imprisoned without food, water, or bathroom facilities until they would relent.

Four refused, brave souls. And the English Court of Common Pleas finally came to their rescue, ruling that a jury could refuse to enforce a law if it offended their conscience or if they weren’t allowed to read it for themselves, and that no one could punish them for doing so.

2) Our own American freedom of the press is widely traced to the trial of colonial printer John Peter Zenger in New York in 1735. Zenger was accused of printing seditious libel against the king. He admitted to having done the printing, and truth was no defense under crown law. But defense attorney Andrew Hamilton cited the Bushell case, asking the jury to ignore the judge’s instructions and throw out a prosecution under an offensive law. The jury “judged the law” and acquitted, ignoring the facts of the case and the judge’s instructions.

3) John Jay, first chief justice of the United States Supreme Court, said in charging the jury in Georgia vs. Brailsford, 1794, “You (the jurors) have, nevertheless, a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”

4) U.S. Supreme Court Justice Samuel Chase agreed, stating in 1804 “The jury has the right to determine both the law and the facts.”

5) What’s that? All this magically changed at some point in the 20th century, when this safeguard of our other liberties quietly expired? Actually, the D.C. Court of Appeals held in U.S. vs. Dougherty in 1972: “The pages of history shine on instances of the jury’s exercise of its prerogative to disregard uncontradicted evidence and instructions from the judge. Most often commended are the 18th century acquittal of John Peter Zenger of seditious libel [the case that gave Americans our freedom of the press] and the 19th century acquittals in prosecutions under fugitive slave laws.”

Anyone who says otherwise is either ignorant or a liar, and should be promptly searched for a concealed law degree.

At the conclusion of the kangaroo trial of uppity groping victim Phyllis Dintenfass, U.S. Attorney Steven Biskupic said TSA officers perform a vital service and are entitled to protection from assault.

In fact, these traitorous scum, who daily violate their sacred oaths to protect and defend our Constitution, do not perform a vital service, or even a marginally useful one, unless it’s a “vital service” to condition an entire people to abandon our rights to privacy, dignity, and to be free of unreasonable, warrantless searches.

Most of this rigmarole was already in place on Sept. 11, 2001, and it stopped not a single intended hijacker -- not a one. It would not stop them today, since metal detectors do not pick up plastic box cutters. Federal audits consistently show this Fred & Ethel Mertz security system leaks like a sieve, and that’s before we even talk about the ease with which the minimum wage employees who vacuum and service the planes could sneak anything they want onto our aircraft. Shortly after Sept. 11 the manager of a large public airport in Texas famously compared this whole just-for-show jobs-creation program to “putting a steel door on a grass hut.”

What is going on is that the American populace is being conditioned with incredible speed to accept the conditions of a de facto police state with no regard to our privacy or dignity, let alone the solemn guarantees of the Fourth Amendment.

About the only criticism of Ms. Distenfass’ actions I can summon up is that it lacked a certain panache. Next time, dear, try moaning loudly, then breaking into uncontrollable sobs and panting, “Oh yes, baby. This is even better than at home with the baby powder. Can I crawl between your knees, now? Is it time for the anal probe? The whips! The whips!”


www.universityofreason.com/a/29887/KWADzukm