FERGUSON, MISSOURI, MICHAEL BROWN SITUATION--EAT YOUR HEART OUT--YOU HAD A CHANCE TO SHOW THE WORLD, CONSTITUTIONALLY, HOW TO HANDLE PROTESTS, DEMONSTRATORS, WHITE COP ON BLACK SHOOTING, YOU FAILED! TODAY, IN HELENA, MONTANA, LAND OF THE SLEEPING GIANT, POLICE & SHERIFF ASSOCIATIONS, PART OF THE EXECUTIVE BRANCH WHO ENFORCES LAWS, TEAMED WITH THE LEGISLATIVE BRANCH, THROUGH SENATOR, JENNIFER FIELDER, TO PASS LEGISLATION, ADDING TRAINING ON THE CONSTITUTION, BILL OF RIGHTS, AND MONTANA ARTICLE II, EXTENDED RIGHTS FOR STATE CITIZENS, TO THEIR P.O.S.T.--PEACE OFFICER STANDARDS & TRAINING, CIRRICULUM, CERTIFYING NEW POLICE OFFICERS! THE TRAINING WAS INTERMITTENT, AT BEST, BUT THIS NEW LEGISLATION, MAKES THE EMPAHSIS COME THROUGH LOUD AND CLEAR, FROM A CITIZEN'S PERSPECTIVE, WHAT IS EXPECTED OF THOSE WHO SERVE AND PROTECT! WE ARE A LAND OF LAW AND ORDER, AND TO HAVE AN ORDERED SOCIETY, THERE MUST BE AN AGREED UPON SET OF LAWS, THAT WE ALL BUY INTO, AND THAT IS THE UNITED STATES CONSTITUTION, FOLLOWED BY OUR STATE CONSTITUTIONS, WHICH CAN GIVE CITIZENS MORE PROTECTIONS, BUT THEY CANNOT DEPRIVE THEIR CITIZENS OF THE BOTTOM LINE PROTECTIONS, CONTAINED IN THE BILL OF RIGHTS . . . GOOD DAY TO RE-LEGALIZE THE CONSTITUTION! SOME INTERESTING COP STORIES, AND THE HISTORY OF SWAT. SHIFTING GEARS TO THE CSKT WATER COMPACT--KEEP THAT SAME MIND SET, LEGISLATORS, THIS AFTERNOON, ON THE NEXT READING OF THE WATER COMPACT BILL, REMEMBERING (I BELIEVE DANNY REHBERG LOST THE SENATE SEAT TO SENATOR TESTER, BECAUSE HE VOTED FOR THE PATRIOT ACT, AND TESTER VOITED AGAINST IT--BEWARE--I THINK THAT CLOSE RACE, CAME DOWN TO THAT ISSUE, SERIOUSLY!) WHAT THE PATRIOT ACT DID TO COPS AND CITIZENS, TO MESS THINGS UP, DEVIATING FROM THE SUPREME LAW OF THE LAND, FOR THE LAST 240 YEARS, THE PROPOSED WATER COMPACT DOES TO PROPERTY AND WATER RIGHTS, BOTH ON AND OFF THE RESERVATION, AND I PROPOSE THAT, WILL LEAD US, FAR FROM THE MARK, VIOLATING THE U.S. AND MONTANA CONSTITUTIONS, MONTANA CODE, WATER LAW AND COURTS, INDIAN LAW, AND TREATY LAWS . . . NOT TO MENTION, FOUL UP STATUTORY CONSTRUCTION, VIOLATING THE PLAIN LANGUAGE OF THE CONTROLLING DOCUMENTS, CONSTITUTIONS--REWRITING HISTORY AND INTENT OF THE FOUNDING FATHERS OF THIS NATION, OUR WONDERFUL STATE, AND OUR TRIBAL FATHERS TOO! ANY LAW, OR TREATY, COMPACT, THAT ARE REPUGNANT, AS THIS ONE IS, TO THE CONSTITUTIONS, IS VOID--AND ANY LAW THAT IS CONSISTENT WITH THE "LETTER" AND "SPIRIT" OF THE CONSTITUTION IS CONSTITUTIONAL. A DISTRICT COURT JUDGE HAS ALREADY HELD THAT THE COMPACT IS BLATANTLY UNCONSTITUTIONAL, AND THE SAME WOULD BE TRUE FOR THE NEWLY REVISED COMPACT--ARTICLE I, SECTION 10, [3] POWERS DENIED TO STATES . . . STATES CANNOT WITHOUT CONGRESS . . . ENTER INTO ANY AGREEMENT OR COMPACT WITH ANOTHER STATE, NOR A FOREIGN COUNTRY . . . THE INDIAN NATION, IS A SOVEREIGN NATION, WHEN IT COMES TO DEALING WITH STATES, AND THEY ARE THE SOLE JURISDICTION OF THE FEDERAL GOVERNMENT, MONTANA CONSTITUTION, ARTICLE I, THE ENABLING ACT, OR CONTRACT BETWEEN MONTANA AND THE UNITED STATES. DO THE RIGHT THING! AND GOOD LUCK, MANY DECISIONS TO MAKE! YOU DO IT WELL.

Did You Have To Read the Constitution, In Its Entirety, in Law School?  NO!

About 10 years after I had been practicing law, and running into law enforcement, other attorneys, even an attorney general, who seemed so far removed from the document, someone asked me, point blank, if I had ever been made or required to read the United States Constitution, from start to finish, while I was actually in law school.  And to be frank and honest, and to my complete amazement, I had to say, NO!  They were not shocked, and I, in retrospect, started to understand, just how some of the battles, with other attorneys and law enforcement, had actually happened . . . we were not starting from common ground, had no lowest common denominator, and didn't even have a level playing field, for which to entertain, discussions and debate, with such a lack of understanding, from and by the very people, who, as I did, had taken an oath, to protect, defend and preserve the United States Constitution, and the Utah State Constitution, where I was first sworn in as a member of the Utah State Bar Association, and as a new attorney, practicing law in the state.

As I have squared off, with both law enforcement, other attorneys, in and out of the government, judges, legislators, and citizens, I have often wondered, how, we could ever be on opposing sides, on particular issues.  Some, Son of Anarchy, or member of a militia group, told me, that was an easy one, all of these guys had taken an oath to the Masonic Order, which they considered a higher oath?  Really.  Just a month ago, as me and the Chief of Police from Kalispell, talked, again, I said, I just can't see how, you and I are not on the same team?  I pointed to the flag, standing, next to both of us, and said, we took and oath, to that, not a boss, not a mayor, not a governor, not a judge, or not a president . . . he quickly buttoned up his brief case, and stormed from the conference room!  That kind of says it all . . . and it is shocking.  So when the Montana, Senate, read for the 2nd reading a bill, to incorporate training on the Constitutions, Bill of Rights, and taking it from a citizen's perspective, I was beyond pleased, on this first day, first session, first bill reading, at least in person . . . I have commented on my blog far from Helena, Montana . . . so, what a great surprise, when Ms. Jennifer Fielder, got up and read that great addition to law enforcement training . . . I was beyond thrilled, after a 20 year battle of butting of heads, both in Utah and Montana!

Helena, Land of the Sleeping Giant--Washington, Leads to the State Capitol Building, Between Montana and Russell Streets--Very Symbolic!

Last summer, or the summer before, I was walking from my favorite Greek eating establishment, Planet Gyro a street or two below the state Capitol Building, and as I walked, now this is from memory, so I hope that I was not delusional, when some of you verify, my credibility on this, not being in Helena, for a while, until arriving in town, late last night . . . but, I remember, noticing that the half street, between the other two main arteries, and streets, Montana and Russell, there was a street called, Washington, now, many cities, especially capital cities, name their streets after former presidents, or in this case, states, or in my symbolic, and critically trained to analyze literature, through use of words, symbols, and placement of a particular word, I thought, how appropriate, that rather than Montana, looking to Washington . . . D.C., was on my mind, 2012 election cycle, and the thought, came to mind, that Washington, D.C. should look to Montana, the legislature, the way they protect tax payers, use tax payers' monies, sparingly, and they are always in the black, or have a large surplus of cash on hand for emergencies . . . coal trust fund, or something like that.

But the action, taken by the Senate, after the second reading, really empowering, law enforcement and the public, by re-instituting the United States Constitution, Bill of Rights, and the Montana Constitution, Article II, if like Utah's state constitution, there is a Cadillac version of rights, that goes beyond the bare minimum of the federal Constitution.  My specialty in law, is, through, this eternal ideological battle with the world, over the law, for God, sakes, knowing full well the power of the U.S. Constitution and the state constitutions, not to mention the protections, freedoms, liberties, and concepts, that are power packed by terms like privileges, immunities, through due process and equal protection of the law!  A citizen's best tool, against the government, is the 14th amendment, with encapsulates, due process and equal protection of law.

All Men Are Created Equal In the Law . . . Status, NO, but LAW, YES!

The law is what guarantees, that people, in this particular sense are treated equal, given equal rights, protected by the law equally, and can't be deprived, by any state, state official, state officer, or anyone acting under color of law, cops, prosecutors, judges, state officials, city and county elected officials, etc., because those rights are set in stone in the documents, that control the actions of state officials, and their local counterparts, on all levels, and in all capacities . . . similar requirements, are more and more being applied to the private sector and corporations, in both civil and criminal trials and cases.  We are starting to recover from the economic down turn, things are getting back to normal, and life is getting better and better each day . . . and bills like this, will not only make officers, more comfortable in their jobs, but more trusted and respected by citizens, and they will have a common ground with the people they deal with in the communities.

And the big plus, is government immunity from lawsuits, covers officers, if they follow, well established law, like the 240 some odd years the U.S. Constitution has been around, and also, on non-constitutional issues, like policy issues, if they follow those, they are safe from suit!  And that protects, city, county, state and national coffers and tax payers money!  When I take a case, the very first thing I look for, is there some type of constitutional law principle, that has been violated . . . and I start from there.  That is the power play, but it is also, for the other side, usually law enforcement or state official, the power protection, if the higher road was taken and followed.  If you do follow, all of that, there is nothing, a bad ass con law chick like me, can do to you.  I get pissed, when the officer, did everything he/she needed to do, protected all rights, didn't detain longer, search beyond the mark, and followed all their mandates, as officers of the law . . . and it is so impressive, when they do!  How do all the cops, who have hated me for years, pay me back for my lawsuits, against them?  Follow the Constitution and department policy . . . regardless of if your police chief or sheriff are numb nuts, and put together crazy ass policies, YOU ARE PROTECTED, JUST FOR FOLLOWING THEM . . . they may be called on the carpet, but you will be fine!

Sophisticated, Smart Law Enforcement Is the Envy of Any City!

In defense of, Police Chief Curry . . . I think that is his name, of Kalispell, don't stay anywhere, due to law enforcement, not wanting me in their jurisdiction, long, but, after the Sandy Hook, Connecticut 21 school children and teachers were gunned down, Flathead Valley Community College, held a seminar, with law enforcement, mental health--a component, not widely looked at, meds, and such, in school shootings, and the schools, met with the public, to discuss new policies and procedures, working together as a community, to make sure these things don't happen here in River City or Kalispell, Montana.  I believe, that now, legislator, Frank Garner, was the moderator, and the former police chief, then, over security for the Kalispell Regional Medical Center, but there were 4 police officers, who presented, and took questions after the presentations, and I remember, being particularly impressed, not only with the level of skill they presented, but their honest and educated answers.  Garner, got a bit pissed, because, I asked a question, that the presenting officer, either didn't want to answer, can-of-worms question, loaded question and double loaded shot gun possibilities, answered a certain way, but, as the younger officer, failed to answer, smart move, I believe, Chief Curry, was brave enough, to come to his former bosses, aid, and calm him down, and gave a very sensible, lawyer like answer . . . well under this situation, I would like a citizen's help, until back up came, in a rural area, but if backup was close, and readily available, no!  Good answer.

But, given my history with law enforcement, judges, prosecutors, there have been occasions, that feds have been brought in a planted, in courts, and other places, to keep this bad ass, under control, and for awhile, during the presentations, and the professional level of the presentations, I thought, these have to be feds!  I have never seen, your local-yocal cops, be this good!  LOL!  That is either a huge compliment to your local cops, because, today, so many feds are law trained, or have law degrees, almost a requirement for being recruited, now days, or the Montana cops, are so much better, more professional, and just come across better, as evidenced by law enforcement signing on to this bill, than they did in Utah!  Which, with the Mormon church, is the largest contributor of feds, 70%, so great job, if you were the locals, I was beyond impressed, and I should have complimented you two years ago!  But, better late, than never . . . excellent officers, just ditch your allegiance to the Patriot Act, and get back to the basics and you will be doing or making a huge step in the right direction!  Patriot Act, is governed by the lack of guiding principles, based on expediency, no limits and no exceptions, just get the job done, and do whatever it takes, including killing someone!  NO, we, the people, will never, never, never, stand for that!

Did I kiss and make up with you, Chief Curry?  Now, I have to work on the Mayor, Mark Johnson, or I can't come back to Kalispell!  LOL!  I am sorry, I just can't help myself.  My son, oldest, tells me I am as bad as the cops, and keep this battle going, but, I inform him, everything I do, like taking the high road, is constitutional and lawful, theirs, under the Patriot Act, is unlawful, unconstitutional and down right criminal!

A Bit of History . . . How SWAT Teams Got Started!

The other night, I was watching a true crime series, episode of 48 Hours . . . They, the producers, did a documentary on Charles Whitman, the University of Texas, or Texas A & M, University student, that went ape-shit, climbed a tower, being I believe, a Marine Sniper, one sunny afternoon, mid-day, just started shooting people on campus, in 1968, didn't realize that it was that early, injuring about 39 people and killing something like 4, before, two police officers and a local citizen, vigilante, who joined the officers, in climbing the clock tower, that has since been closed off, and were able to apprehend the shooter . . . who strangely enough, was the youngest boy in America, to get his Eagle Scout Badge or Duty to God Award!  Gotta watch those Boy Scouts!

Just as in the Sandy Hook, school, shootings and other shootings, we find a person, messed up on prescription drugs, as Charles Whitman was.  He had a terrible relationship with his father, other than their common passion for hunting and guns.  But he was chosen in the military, for stellar performances, and was given a free ride scholarship to the Texas University.  Drugs, school, gambling, drinking, not getting along with his father, killing both his wife, and mother, to spare them the trauma, of what he was planning to do, did both of them in first.  But, he wanted his father to get all the press questions and be humiliated by his son, who had been abused by him, his whole life, never good enough, and never as successful as his father!  But, the key elements were all there, but, prescription meds, were a huge factor, taking them, so he could stay up and study, after playing or gambling, the nights away . . . plus handle the pressure of family life!

After the helplessness of that day, SWAT teams were born, and cops are trained to take on a loony student, or someone that is a threat to the community.  Just today, after lunch, I came over to the Montana Law Library, to get on the computers, because, my three day old computer, after, I guess, I put my IP address and serial number on my blog, to try to deter these butt wipes, who steal my blog, stopped me from writing over at the Capitol Building, in the cafeteria, they erased several titles, they have been up at the session, pretending to be me, and have been for years, since I first testified or started to come to Montana, March of 2012!  I am like a ghost, and nobody sees me, so the 6 or 7 other government doubles, who are being trained to take my place, when they kill me, see why I hate the fucking Patriot Act . . . killing me has no consequences; simply put, I am a pain in the ass to law enforcement of all levels, and they have been training my replacements . . . REMEMBER, ATTITUDE, ATTITUDE, ATTITUDE . . . distinquishes me from them! 

I always use the power kicker, the higher law, the supreme law, and there in lies the power, get some!

7 Sisters & the Warrior (Me)!