In this interview, the subject of the Kansas Newspaper raid speculates that the motive comes from "a confluence of personal animus from the mayor, a personal attempt to intimidate us from the police chief, and basic incompetence from the judge and the county attorney." Judges and county attorneys/district attorneys being rubber stamps for corrupt cops have caused needless deaths and trampled on folks rights plenty in the past.
this post was submitted on 22 Aug 2023
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It's a weird headline seeing as in the actual interview they offer their speculation which seems like they have a pretty good idea.
Props for adding it here as I was just commenting to complain about the headline!
The 98 year old editor of that newspaper died the day after the raid.
I understand that 98 is a bit of an extreme age, but I guarantee you that the stress of watching you constitutional rights being violated was the tipping point for this person's health. Imagine living for 98 years and some shit cop pushes you to your grave.
all the cops should be charged with felony murder for the illegal armed home invasion resulting in death
There probably is no way to actually legally prove that they're at fault. But if I was one of those cops, I'd have trouble sleeping at night.
The type of person who wants to be a cop doesn't have trouble sleeping after this.
I'd change that to "The kind of person who successfully becomes a cop...".
I think a lot of people want to be a force for good, and the intent behind police as a concept is to reduce crime, and crime is generally bad. So a lot of people want to be cops to make the world better. But that's like wanting to be an honest politician. Most people already playing the game are there for personal power, and if you don't lie and cheat you won't have as much power as those already in place.
If a person in America doesn't already know that all cops are bastards and that there have been constant protests and reporting about it over the past couple of decades then they are choosing to be a type. I'm no longer willing to pretend that everybody has good intentions. This isn't the case for police and the FBI.
That's probably why you're not a cop
That's the thing about felony murder. If her death occurred as a result of their commission of a felony, then they should be on the hook for felony murder. It doesn't matter that they didn't directly kill her.
Felony murder isn't a phrase to disambiguate between a murder that's a felony and some kind of nonexistent misdemeanor murder. It refers to a very specific type of "murder" where somebody dies as a result of somebody else committing a felony. The commission of the felony is enough to make the person liable - they don't have to have intended to kill anybody in the process or be directly involved in the death.
Four unarmed teenagers break into a house. The homeowner shoots and kills one of them. The three survivors are all liable for felony murder for the fourth's death, and can face life in prison or even a death sentence.
A group of criminals break into a house. One stays outside as a lookout, completely unaware of what is happening in the house. The elderly homeowner tries to stop the criminals in the house, but slips and falls and hits his head and dies from a brain hemorrhage. The lookout is liable for felony murder.
Two cops are having a disagreement at work. They get a call of a burglary in progress and drive out there and start chasing the suspect. One of the cops shoots at the suspect, but "accidentally" misses and fatally wounds the other cop they were fighting with back at the station. The burglar is liable for felony murder for the cop's death.
If the same standards were applied to the criminals who raided the journalist's house, then they'd all be charged with felony murder.
Imagine living for 98 years and some shit cop pushes you to your grave.
This whole thing is shitty. The restaurant owner had a DUI years ago, which she was hiding because she really wanted her restaurant to get a (very lucrative) alcohol license. She was also repeatedly driving on a suspended license due to the DUI, something that the the local cops knew and completely ignored. Possibly because the DA's brother owns the hotel the restaurant is in, and once they have an alcohol license he can raise the rent, maybe by an indecent amount. Oh, and multiple people have alleged that the police chief left his previous paid-twice-as-much job in Kansas City due to multiple serious accusations of sexual assault.
The Marion Record had investigated both the DUI and the sexual assault allegations, but had decided not to print either story due to journalistic concerns (they suspected the divorcing husband may have illegally accessed his wife's accounts to send them copies of the DUI information, and none of the people bringing up the police chief's alleged history would go on the record and the KC police personnel department wouldn't give any information either).
Some locals says that the Record is "too aggressive" in it's reporting, while others think that revealing this kind of thing is what newspapers are supposed to do. And in the meantime, the restaurant owner has gotten her liquor license, the hotel owner can (presumably) raise the rent, and the police chief got to keep the newspaper's computers for five days - including (just ever-so-conveniently) the computer that contained the information the paper had on the people who were saying the police chief had left because of the sexual assault allegations. But I'm sure he never tried to find that information in the five days they had the computers because that would've been unethical, wouldn't it ....
The good news is that apparently the newspaper's insurance is going to cover most of the costs of getting their equipment back, and they have a really nice lawsuit they're going to go ahead with. I'm not sure how the lawsuit will go, what with qualified immunity:
Qualified immunity is a judge-made legal protection that shields government officials from claims of unconstitutional conduct. It is a unique and specialized defense available only to government actors and can, if applied, allow those actors to avoid responsibility for constitutional violations.
But who knows? Hopefully the town (the sheriff) and county (the judge) get hit with a really nice large fine, maybe even an actual punishment. There's also a chance that the town/county's insurance won't cover the payout, which will suck for the residents.
The judge and county attorney would likely be shielded by qualified immunity, in my opinion. The police chief who wrote the affidavit, executed the warrant, and ran his mouth on Facebook (he hasn't run his mouth since the county attorney withdrew the warrant for insufficient evidence btw) while having potentially ulterior motives might not find it so easy, however. Qualified immunity generally shields incompetence, but not malice.
Edit: I will note as an aside that the hotel already had a liquor license, the owner just didn't want to keep it under his name when the restaurant was the one running the bar.
Legal theory is nice but we really have to examine how America works. I was arrested protesting the Clint border station. I was peaceful. After I was cuffed I was booked and taken into the back and assaulted. The government granted the person who assaulted me immunity. They also didn't preserve the tapes from their security footage.
This is America. I will give you the case information which includes information that doxes me. Google: "Gilson v Alvarez IV"
I am a veteran. I love my country. The government has soured though.
Speaking of the Judge that signed the warrant:
In another development, news emerged that Magistrate Judge Laura Viar, who signed the search warrant allowing police to seize the equipment, was arrested at least twice for driving under the influence. Those 2012 arrests came months apart in two counties — and it's not clear how much information was shared between officials at the time, The Wichita Eagle reports.
...
In the first arrest, Viar "was charged and entered a diversion agreement — which was extended six months because she refused to get an alcohol and drug evaluation and stopped communicating with her lawyer,"
She was arrested again months later, this time in her home county.
"Officials say she was driving Morris County Magistrate Judge Thomas Ball's vehicle, when she ran off the road and hit a shed near the Council Grove football field," TV station WIBW reported in 2012, adding that at the time, the prosecutor was on the Morris County Anti-Drug Task Force.
"She was charged with DUI, reckless driving and refusal to take a preliminary breathalyzer," the Emporia Gazette reported at the time.
Despite those issues, Viar was reelected as county prosecutor several times. In late 2022, she was chosen to fill a slot as a magistrate judge in the 8th Judicial District after the sitting judge retired.
Thanks for the clarification! My understanding was that the liquor license could not be transferred, and that it was due to expire this week anyway, thus the rush for the new one.
Do you think the judge would/should be censured in some way? She apparently signed off without an affidavit of probable cause, and there was no actual urgency to the search warrant. Plus she should have (theoretically, at least) known that you can't (generally) use search warrantss on newspapers.
I'm not sure how much the DA (CA) was involved. With the county apparently being run this unofficially, it's possible the sheriff went straight to the judge. I will note that the DA is the brother of the hotel owner, though whether that figured into his/her calculations (if indeed they were involved) I don't know.
I wonder if someone in her office rubber stamped it, literally.
Thanks for the summary of the whole story! I didn't get the whole picture from the article. Appreciate it.
Would this technically be the Streisand effect? Trying to cover some shit up for it national attention. The irony is always great.
No one outside of that community would have heard about the Police Chief's dirty laundry, or that restaurant owner's DUI. Now it's national news, and all eyes are on it. It's not technically the Streisand Effect, it's EXACTLY the Streisand Effect.
I hope they bankrupt the town.
While there's inevitably going to be a lot of finger-pointing, the main "villains" seem to be the sheriff (who seems to be retaliating against what he perceives as "newspaper overreach", and maybe because it might give him the opportunity to find out who was passing along the sexual misconduct allegations), the judge (who seems to have just rubber-stamped the search warrant, with good ol' boy network assurances that the paperwork would follow later on), and maybe the DA - I'm not sure if s/he was involved in this clusterfuck.
But the thing is, all three of them are public officials. And they're going to claim qualified immunity:
Qualified immunity is a judge-made legal protection that shields government officials from claims of unconstitutional conduct. It is a unique and specialized defense available only to government actors and can, if applied, allow those actors to avoid responsibility for constitutional violations.
Qualified Immunity has been thrust into the spotlight in cases of misconduct by law enforcement. When sued for constitutional violations, police officers frequently claim qualified immunity applies and therefore the case should be dismissed. [per the Kansas ACLU]
But does that actually hurt the ones responsible?
The town is responsible for the employees they hire and the behaviors they allow.
I think you vastly overestimate the amount of control the average citizen has in keeping those people there, especially in small towns like that
Yet another case of the taxpayer getting fucked by corrupt cops.
My question is when is the criminal investigation happening? Even if the paper gets a huge payday from the city, it doesn't change anything unless the police, judge and DA end up in court for this blatantly illegal act.
Kobach said the KBI isn't investigating the police there, so it's not coming from the state level.
What is the legal justification for this raid?
That’s the thing! There is none!
There was a sworn warrant application from an officer and it was signed off by a prosecutor and judge.
That is paperwork, not an actual justification.
This is America. That's all you need.
Umm, okay. The paperwork is a sworn statement and contains the written justification.
Are you saying the written justification which formed the basis of the warrant application was pretextual, and that the actual motive for the raid was something else?
It itself IS NOT justification.
What is written on it? Why can you not say their justification for signing it?
Oh, I haven't read the warrant application. I will if someone links it. I'm not sure it's public yet. It will be.
E: They are and here they are: https://kansasreflector.com/2023/08/21/affidavits-bolstering-siege-on-marion-paper-read-like-bad-jokes-at-expense-of-the-first-amendment/
E2: Okay I've read the affidavit for the search of the newspaper. Seems like good probable cause. Here's my TLDR:
An employee of the newspaper obtained a restaurant owner's confidential income tax records. The affidavit lists the reasons one can certify they have a legal right to access the records; news publication isn't one of them. Looks like the same list I have to certify as an attorney when searching personal records for investigations of legal rights and remedies. Indeed, the list comes from a federal statute, 18 U.S .C. § 2721.
The newspaper claims the records reveals police misconduct and emailed the record to police. The investigating officer agreed, and referred the matter for an internal affairs investigation. Not sure what the allegation is; that the chief (?) was stealing or embezzling money somehow with or through the restaurant (?).
The newspaper admits its employee accessed the record. None of the rights of access apply. The investigating officer concluded that the newspaper employee either impersonated the restauranteur and/or falsely certified as to a right of access, either of which are crimes. Identify theft and/or hacking (accessing a system without valid authorization).
Not sure what context I may be missing, but I'm questioning if this warrant is actually as offensive as I had previously believed.
Good, so we know who all the defendants are!
In my state judges and prosecutors have absolute immunity to acts done in the scope of their employment.
An act such as this might be so egregious as to fall outside the scope, doubtful though. Would have to prove the prosecutor and judge knew the grounds alleged in the warrant were false or obviously lacking in probable cause.
That's unfortunate, is getting disbarred even an option in this case?
There needs to be large scale protests for citizens to demand protection of their civil rights.
I don’t know anything about small US towns but these stories always remind me of stories from Jack Reacher involving small town corruption. Pretty incredible.