[UPDATE: Folks, it looks like they just updated the story and changed the URL. Here you go with the new one.]
Apparently, there was this woman who had skipped out on her student loans, so the feds sent a SWAT team to her house to deliver a search warrant. That is to say, the SWAT team stormed the house, broke down the door, handcuffed her husband, and stuck around for six hours until it finally was successfully pointed out that not only was the woman not there; she had in point of fact skipped out on her family, too. [UPDATE: The government is now claiming that the Education/SWAT raid wasn't due to student loan defaults; which doesn't actually resolve any of the questions below.]
Now, you’re probably asking yourself the following questions:
- Since when did the Department of Education get to do what sounds awfully like no-knock raids? Answer: I’m not sure. Perhaps this question should be presented to Secretary of Education Arne Duncan (Democrat), who is of course appointed by President Barack Obama (Democrat).
- Since when does a search warrant for student loan defaults [UPDATE: or fraud, really] permit the same tactics that one would use to secure a crystal meth lab that has a sideline in illegal automatic weapons? Answer: there is no way that I can match the righteously outraged fury of Reason.com on this one, and I will not even try.
- Wasn’t there some kind of student loan relief program signed into law? Answer: HAHAHA! No. The closest thing to that is that students in the future who paid their loans all along will get forgiven the balance five years early – which means, in twenty years instead of twenty-five. Yup, I know that the President promised otherwise. The President makes a lot of promises that he doesn’t keep. He lies a lot, too*.
- Should I be paying off my student loans, then? Answer: YES. Or else the SWAT teams may come for you. And, presumably, shoot you if you freak out about it.
Moe Lane (crosspost)
*Hey, I didn’t vote for him.
Victoria Coates
Daniel Horowitz
My Lord, what is our country coming to.
gekster (Diary) Wednesday, June 8th at 11:54AM EST (link)What is the cost of the swat team compared to sending a deputy to find out she wasn’t there.
Waco started over one check kiter.
What can we expect next from these morons.
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
So glad the dems took over the student loan business
earlgrey (Diary) Wednesday, June 8th at 12:00PM EST (link)nt.
I know plenty of student loan "deferees" who voted for BO
frankieb (Diary) Wednesday, June 8th at 12:16PM EST (link)They honestly thought their loans would be forgiven. Guess I’ll send them a link to this article. LOL
Books … the most exotic, least expensive vacation: www.DelphiBooks.us
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Claire McCaskill goes in so many directions, it’s amazing she hasn’t drawn and quartered herself. www.TruthAboutClaire.com
Please do send it to them.
earlgrey (Diary) Wednesday, June 8th at 12:24PM EST (link)My husband has a fortune in student loans, and i never thought for a second that we would get out of paying them. Of course, I wouldn’t have cast my vote for the O even if I was 100% sure his loans would be forgiven. I am a pretty rabid conservative.
You can always tell when a democrat is lying:
rickbull Wednesday, June 8th at 10:09PM EST (link)his lips are moving.
WE ARE THE 53% (who actually pay taxes).
What was the reason behind the search?
powertothepeople (Diary) Wednesday, June 8th at 12:24PM EST (link)Last time I checked, debt alone is not a reason for a search or incarceration. Regardless of this woman’s personal life, if all she did was default on some loans, hope she and especially her husband sue the hell out of these idiots.
If she committed some kind of fraud, still hope her husband sues the hell out of these idiots for causing him and his children harm. Even if fraud was involved, police have to make sure the person they are looking for is at the home. Just because they have some previous address does not give them the right to bust in. What if the person moved as is in this case. Poor smuk who is now in the home may fire and get killed all over poor police work.
Does it matter what the reason for the search was?
aesthete (Diary) Wednesday, June 8th at 2:48PM EST (link)Unless there was substantive proof there that the suspect was dangerous and that violence was already present, what reason was there to introduce violence into the situation, potentially putting the homeowner, his children and the police at risk (and certainly putting all of them in harms’ way)?
This is the problem with the increased use of no-knocks in cases where non-violent crimes are suspected and in other cases where danger to the officer serving the warrant is not imminent: it introduces violence into a situation where there was previously none, and forces the suspected (and likely innocent) homeowner to react to said violence.
This situation ended “well”; that is to say, without physical harm to any of those involved. But what if the homeowner had been armed and intent on defending his household? As he himself said, he didn’t know who these people were. What if the cops had gone trigger happy? It happened no less than a month ago here in Tucson to a Marine vet who was defending his house and family (including a 5-year old son) from SWAT members who dropped in unannounced and riddled his corpse with 70ish bullets. What if the homeowner had fired on one of the cops? That would have been a somewhat less terrible outcome than the homeowner’s death, given that the cop had signed up with the knowledge that he might die in the line of duty. Nonetheless, it would have also been an unnecessary death that could have been easily prevented by having an officer knock on the door and serve a warrant.
In short, I see no reason for which to have a no-knock warrant served with extreme prejudice in this manner: it goes against rule of law, our traditional protections from agents of the state transgressing on our property and even just plain common sense.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
Slow down
powertothepeople (Diary) Wednesday, June 8th at 4:36PM EST (link)Aesthete. Never stated there was a good reason for the raid, simply stated that debt alone is no reason for any type of search. And I stated that she should sue, but more importantly, her husband should sue. I also stated that the police have an obligation to make sure they know the person still lives at the address they have, not just assume so and bust in.
Thanks for the clarification
aesthete (Diary) Wednesday, June 8th at 4:43PM EST (link)Let the record show that aesthete’s rant, while righteous and awe-inspiring in its indignation, was directed towards the wrong party.
BTW, the warrant was for embezzlement of FAFSA funds, which doesn’t really change anything for me.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
Mapp v Ohio, anybody?
BillM (Diary) Wednesday, June 8th at 9:34PM EST (link)http://www.slate.com/id/2296453/
Not exactly apples to apples, but worth a read. Expanded power/less liability for government of all types (inc. law enforcement) and at all levels has all sorts of unintended consequences. There is a <1% chance for Mr Wright to recover the cost of his door, IMO.
And what sort of Keystone Kops needed SIX FREAKING HOURS to search the house? For a deadbeat mother of three with no apparent history of crime, violent or otherwise?
It also goes without saying that not abolishing the Departments of non-Education and ultraexpensive-Energy goes on President Reagan’s Mount Rushmore of mistakes, right next to Justice O’Connor, Justice Kennedy & amnesty, but that’s a topic for another day.
STEVENS, J., filed a dissenting opinion, in which SCALIA, J., joined.
55555: I was indignant the whole way with ya, bubba.
rickbull Wednesday, June 8th at 10:14PM EST (link)You weren’t ranting at powertothepeople, you were just on a rant–and it was a darn good one!
WE ARE THE 53% (who actually pay taxes).
What I found interesting...
Jim Tomasik (Diary) Wednesday, June 8th at 12:37PM EST (link)was the total denial at the end of the video. I guess the guy tore up his own door and is lying about being handcuffed and kept in the car for 6 hours. They say he was never handcuffed or held against his will.
Note, though: that was the Stockton cops...
Moe Lane (Diary) Wednesday, June 8th at 12:41PM EST (link)…saying that they didn’t kick in the door or handcuff the guy. Because the Stockton cops don’t want any part of this particular rain of excrement.
The Kim Kardashian of blogging.
Check out my blog at http://moelane.com/.
http://moelane.com/filthy-lucre-filthy-lucre/
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My (combined) wish list.
this seems to be the modus
steve010 (Diary) Wednesday, June 8th at 6:11PM EST (link)operandi of the fed agencies that need locals to help them with enforcing their stupid actions. They get the locals to do the dirty work and when the crap hits the fan, the federal agency blames the locals.
this happened at a Border Patrol checkpoint in AZ when an activist asserted his constitutional rights. It happens at checkpoints in the airports. Locals and state police should tell the fed agencies to go take a hike.
And let's not forget the Elian Gonzalez raid under the Clinton administration:
rickbull Wednesday, June 8th at 10:20PM EST (link)WE ARE THE 53% (who actually pay taxes).
Article seems to be gone.
Charles Cianfrocca (Diary) Wednesday, June 8th at 12:43PM EST (link)It is no longer there. Anyone got the original article?
“Get your hand out of my pocket. Ain’t nothin’ there that belongs to you.”
- Sonny Boy Williamson
Check again.
Bill S (Diary) Wednesday, June 8th at 12:45PM EST (link)All of Moe’s links are live from my laptop.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
Yeah, I think that it may be...
Moe Lane (Diary) Wednesday, June 8th at 12:46PM EST (link)…a browser issue: I just checked the link and it works, but other people have had issues.
http://www.news10.net/news/article/141072/2/Dept-of-Education-breaks-down-Stockton-mans-door
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Check out my blog at http://moelane.com/.
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My (combined) wish list.
Hmmm
randy streu (Diary) Wednesday, June 8th at 12:58PM EST (link)I don’t think it IS a browser issue. When I first checked this story this morning, the page was there. Now it’s not.
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ditto, it's gone.
gekster (Diary) Wednesday, June 8th at 1:06PM EST (link)I read it from drudge this morning, and now it says page not found, and goes to the news 10 home page.
When I go to local news, it is not listed.
Internet regulation anyone?
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
I did a search for
gekster (Diary) Wednesday, June 8th at 1:22PM EST (link)Dept-of-Education-breaks-down-Stockton-mans-door
I went to at least 5 different sites, and they all were scrubbed.
I finally found some of it here. The link to the news gives “page not found”.
http://www.jimtraber.net/forum/forum_posts.asp?TID=70121&PID=1428723
I don’t know how long it will last, but I got a copy of the article if any one desires.
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
Yeah... doing a google news search on it...
randy streu (Diary) Wednesday, June 8th at 1:26PM EST (link)pretty much links you to news blogs. Fox has it, as does (strangely enough) AlterNet and some others.
Blogging also at
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The Minority Report
Ditto here as well
Finrod (Diary) Wednesday, June 8th at 1:26PM EST (link)That url now 404s for me. Maybe the Department of Education got to news10.net, heh.
Let’s get down to brass tacks here. How much for the ape?
I'm watching it again right now... nt
Jim Tomasik (Diary) Wednesday, June 8th at 1:06PM EST (link)nt
The video is available on other sites...
randy streu (Diary) Wednesday, June 8th at 1:15PM EST (link)but I’m unable to get to the story at the original link.
Blogging also at
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The Minority Report
Hope this link to the video works.
Melody Warbington (rwm52) (Diary) Wednesday, June 8th at 1:29PM EST (link)The woman saith unto him, I know that Messiah cometh (he that is called Christ): when he is come, he will declare unto us all things. (John 4:25)
I
runner12 (Diary) Wednesday, June 8th at 3:42PM EST (link)This is an outrage. This poor man was probably scared half to death. He needs to get a lawyer and sue the federal agents and the Dept. Of Ed. for this one.
Sorry, ipad troubles.
runner12 (Diary) Wednesday, June 8th at 3:43PM EST (link)I was going go say that your video worked in the comment title.
As I recall
patryott Wednesday, June 8th at 12:52PM EST (link)more than half of the admin, staff, and czars have defaulted on their student loans, including the pres and first lady, I want SWAT to start with them. This wasn’t shoddy police work, it was a calculated attack on a political enemy by a foreign agent occupying the office of the presidency, YOU may be next.
Are You Pat-Ryott.com
She probably went to a "for-profit" vocational school.
NightTwister (Diary) Wednesday, June 8th at 12:53PM EST (link)The Obama Administration has decided they just aren’t going to tolerate those.
The best argument against democracy is a five-minute conversation with the average voter. – Winston Churchill
Burn the Department of Education to the ground.
Finrod (Diary) Wednesday, June 8th at 1:22PM EST (link)Or defund it, whichever.
Let’s get down to brass tacks here. How much for the ape?
I wonder if the DoE knows of this.
gekster (Diary) Wednesday, June 8th at 1:51PM EST (link)from:
http://en.wikipedia.org/wiki/Unreasonable_search_and_seizure#Searches_and_seizures_without_warrants
the 4th amendment:
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 persons or things to be seized.
I would like to know the name of the judge who signed off on this.
I would to send them a letter.
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
It Will Make For A Fun Press Conference
Repair_Man_Jack (Diary) Wednesday, June 8th at 2:14PM EST (link)if (or when) a SWAT Team on a DofEd warrant, shoots and kills a high school drop-out in a case of mistaken identity.
Mr. Obama is pretending that an economic “recovery” is underway when he knows damn well that the banking system is just blowing smoke up the shredded *** of what’s left of that economy – James Howard Kunstler
Depends, gekster.
Moe Lane (Diary) Wednesday, June 8th at 3:52PM EST (link)What’s the literacy rate for that Cabinet department?
The Kim Kardashian of blogging.
Check out my blog at http://moelane.com/.
http://moelane.com/filthy-lucre-filthy-lucre/
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My (combined) wish list.
In English? Nearly nonexistent
aesthete (Diary) Wednesday, June 8th at 3:58PM EST (link)judging by their “successes” at imparting said knowledge to the pupils under their care.
In Russian and German? Sehr gut, mein guter Mann.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
Is that German or Austrian? nt
Tbone (Diary) Wednesday, June 8th at 5:54PM EST (link)Envisioning when all that is Left is the Right.
You'd have to ask Obama
aesthete (Diary) Thursday, June 9th at 5:12AM EST (link)He’s fluent in at least one of those two.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
5 lol
gekster (Diary) Wednesday, June 8th at 5:44PM EST (link)didn’t cross my mind, but you are right.
DoE, literacy rate, oxymorons?
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
This is even more insane
aesthete (Diary) Wednesday, June 8th at 2:24PM EST (link)than the typical inanity that expanded use of no-knock warrants has brought us. It would be nice to see no-knocks used for the purposes that they were originally intended for, rather than for the enforcement every law under heaven.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
Historical irony - the more we permit this stuff...
acat (Diary) Wednesday, June 8th at 2:33PM EST (link)the closer we get to being the country the colonists ran away from!
(at least they had the reading of the riot act)
Mew
——

Caveat Suffragator
Irony alright
Glaucon (Diary) Wednesday, June 8th at 4:29PM EST (link)Another couple of countries also come to mind. A Department of Education with a SWAT wing? It can hardly get more Police State than that. Will they raid houses and take away children who don’t do their homework next?
Only if their parents give to the wrong candidates and/or charities... [nt]
acat (Diary) Wednesday, June 8th at 6:13PM EST (link)——

Caveat Suffragator
If you're looking for fraud, waste, and abuse...
ja_ak Wednesday, June 8th at 2:37PM EST (link)It seems that the Department of (Re)Education’s SWAT team would be an ideal place to start.
DOE SWAT team. Since when did The Onion become reality? Can this really be true? How in the hell do they get away with this?????
I'd say...
Charles Cianfrocca (Diary) Wednesday, June 8th at 3:14PM EST (link)They get away with it because in a sane world, there would be 1 million people outside the WH as soon as they could get there calling for the head of whoever signed the warrant, or the president, whichever the people inside prefer, but make it fast because tomorrow it becomes both.
They get away with it because we don’t show them that they’ve really stepped in it this time. And it will get worse until we do.
Sorry, but that’s the correct answer to your question.
“Get your hand out of my pocket. Ain’t nothin’ there that belongs to you.”
- Sonny Boy Williamson
That's a good idea
Glaucon (Diary) Wednesday, June 8th at 4:37PM EST (link)We need to demand some accountability over this blatant and flagrant abuse of power, violation of the Constitution, and waste of taxpayer money.
Cut the entire Department
Glaucon (Diary) Wednesday, June 8th at 4:34PM EST (link)Jimmy Carter created the Department of Education, and Ronald Reagan promised to cut it. Education can and should be done at the State and Local level. There is no need for a Federal, centrally controlled Department of Education (or re-education?), with it’s own military-style troops (SWAT).
Can anyone capture a still
randy streu (Diary) Wednesday, June 8th at 3:28PM EST (link)of the warrant? I’m very curious to know exactly what the justification is for the warrant itself — which, unless I’m mistaken, ought to be detailed on the document (lawyers… am I wrong on this?).
Further question — is there a way to LOOK UP a search warrant, or are they sealed for the duration of the investigation?
Call it a curiosity.
Blogging also at
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The Minority Report
Warrants are generally at least accessible
aesthete (Diary) Wednesday, June 8th at 3:52PM EST (link)by the legal parties involved, and I have seen them (or at least summaries of them) released by PDs when controversy is afoot (such as in the shameful case of the recent Tucson shooting of a Marine combat vet). I would also like to see helmet-cam footage of the raid, if it is available. It should at the very least dispel idiotic conjecture that the homeowner, with his Hulk-like strength and aggressiveness, broke through his own door.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
Raw video of the interview with Kenneth Wright should be
Jim Tomasik (Diary) Wednesday, June 8th at 4:37PM EST (link)going up on the News10 site shortly.
Apparently, the search warrant did not say what the search was about.
However, Everything I'm seeing (and again, perhaps one of our many legal experts can say for certain)
randy streu (Diary) Wednesday, June 8th at 5:38PM EST (link)suggests that a warrant MUST at least detail the kinds of items for which the police may search. So, if they’re looking for evidence of fraud or abuse, they warrant should specify that THAT’s what they’re looking for.
Yes? No?
At this juncture, yes, it’s pretty much beside the main point of the completely unnecessary force used, the alleged false imprisonment and, frankly (if the homeowner’s story is accurate) assault.
That said, we have the just as important issue of authority, which should also be considered.
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From what I'm gathering,
Jim Tomasik (Diary) Wednesday, June 8th at 6:53PM EST (link)the intruders probably told him it was about the school loans when it was all happening but it was about something else. It is still no excuse for what they did. If the warrant does not say what it was all about, that may explain why the news station had to end up with a third version of events in lest than a day and a half.
The gent is consulting a lawyer now so he probably will be told to stay quite about it.
If the police TOLD him it was about loans
randy streu (Diary) Wednesday, June 8th at 9:07PM EST (link)then they entered under false pretenses, which I’m pretty sure is a violation of the warrant.
I HOPE he’s consulting a lawyer, and frankly I hope the lawyer smells blood.
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Randy,
Jim Tomasik (Diary) Thursday, June 9th at 7:44AM EST (link)I talked to the lawyer for a little while last night. He has rightfully put a muzzle on his client. He told me he has argued 4th Amendment cases before the Supreme Court in the past. (At least one…)
After listening to what the lawyer had to say and thinking further on it later and if what he says is right, I’m not sure the 4th Amendment currently means a damn thing.
In any way you're at liberty to talk about...
randy streu (Diary) Thursday, June 9th at 8:31AM EST (link)or is this a wait and see kinda thing?
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Not just yet.
Jim Tomasik (Diary) Thursday, June 9th at 8:47AM EST (link)He suggested that he and I talk some more tonight.
Randy,
Jim Tomasik (Diary) Friday, June 10th at 1:47PM EST (link)He is going to be on our radio show tomorrow. Do you have any specific questions you want me to ask him?
Who, the victim or the attorney?
randy streu (Diary) Friday, June 10th at 9:07PM EST (link)I’d like to know what the warrant was for, whether there were specifics listed in the warrant…
mostly, are they ONLY looking to recover the damages to the door, or are they actually going to go after them for the false imprisonment and unnecessary force?
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I hope we get at least that much covered.
Jim Tomasik (Diary) Friday, June 10th at 10:06PM EST (link)Meanwhile, check what I just found:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-1414
Partial quote from that link:
Thats good. But...
gekster (Diary) Friday, June 10th at 10:16PM EST (link)can ya break it down to english.
Thje Readers Digest@ version.
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
huh...
Jim Tomasik (Diary) Friday, June 10th at 10:28PM EST (link)(I’m not a lawyer but) this lawyer is telling me SCOTUS says the law officers don’t actually have to serve a defined search warrant they have before executing it.
I would think this lawyer would know what he is talking about because he is the lawyer who argued it before SCOTUS back in 2006 and lost the decision.
Thanks.
gekster (Diary) Friday, June 10th at 10:45PM EST (link)That’s what it looked like to me.
I don’t speak legalese, so I don’t see the inherent tricks in the law speak.
Like most people, I get my law interpretation off tv.
They always manage to show an officer shoving a warrent in the home owners face before they start.
In the fact that a girls name was on the warrent,
and he obviously was not, why the dragging him out and handcuffing him.
Why 15? swat members for someone who didn’t pay a bill to the Government.
As far as I know, this woman doesn’t have any past offences.
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
Just another brick in the wall. nt.
Tbone (Diary) Wednesday, June 8th at 5:57PM EST (link)Envisioning when all that is Left is the Right.
How can you have any pudding if you don't eat your meat? (n/t)
Finrod (Diary) Thursday, June 9th at 2:34AM EST (link).
Let’s get down to brass tacks here. How much for the ape?
If the Fed govt wants to collect money
steve010 (Diary) Thursday, June 9th at 11:29AM EST (link), I think that they should look at a little history. Debtors’ prison was abolished by the VA House of Burgesses in 1622. Maybe the feds could just bring back the stocks and the pillories and put the debtors in the public squares for the public to throw rotten vegetables at.
Swat raids are too dangerous. Innocent people and children can get killed.