The government already stated the reason he was detained was because of his facebook page, what don't you get. Even if he was a truther how does his opinions make him mentally ill, all he did was ask questions, he never threatened anyone or himself.
"In the beginning of a change, the Patriot is a scarce man, brave, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a Patriot."
The government already stated the reason he was detained was because of his facebook page, what don't you get. Even if he was a truther how does his opinions make him mentally ill, all he did was ask questions, he never threatened anyone or himself.
THE GOVERNMENT SAID THAT? Some official or law enforcement officer is NOT the GOVERNMENT.
Threats in some instances do constitute a crime. Did these FB statements constitute a crime? I don't know. Do you? Were there other actions that led the police to this person other than his FB page? I don't know. Do you? Are the police contemplating charging him with a crime pending the outcome of his psych evaluation? I don't know. Do you?
The one thing missing from this story is the F A C T S. But lack of facts don't seem to be a problem for a good conspiracy story!
The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. John Kenneth Galbraith
First PP/abortion will NEVER be abolished in any way shape or form. It is here to stay. It is embedded in the fabric of american society.
Second, obamacare will NEVER be abolished!! It is already embedded into the ENTIRE medical system.
Third, medicare, either as it is, or it's new version, will NEVER be abolished! It too is already embedded into the fabric of american society..........and it don't matter if obama or romney gets elected or what they promise....they are one in the same!!!
As far as this vet being arrested........the government is really pushing the envelope with this one!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
THE GOVERNMENT SAID THAT? Some official or law enforcement officer is NOT the GOVERNMENT.
Threats in some instances do constitute a crime. Did these FB statements constitute a crime? I don't know. Do you? Were there other actions that led the police to this person other than his FB page? I don't know. Do you? Are the police contemplating charging him with a crime pending the outcome of his psych evaluation? I don't know. Do you?
The one thing missing from this story is the F A C T S. But lack of facts don't seem to be a problem for a good conspiracy story!
So you can now be detained by a doctors orders based on the evidence of Facebook postings?
Like usual box misses the point in his blind defense of state authority. The lack of facts and transparency is what is causing the outrage. They have detained what appears to be a dissident without charging him with a crime. This isn't "conspiracy", it is concern for an American citizen being detained for 30 days against his will without given the probable cause.
I've never seen a person defend government secrecy like you box.
So you can now be detained by a doctors orders based on the evidence of Facebook postings?
Yes you can be detained as stated in their STATE LAW. You know... power from the Fed, and towards the states to make up their own laws. They have a law that allows dangerous people to be detained, not arrested, and held for psych evaluation... as per their STATE LAW. States Rights... the issue you are always whining like a baby about... well now you got it and are still whining.
The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. John Kenneth Galbraith
Yes you can be detained as stated in their STATE LAW. You know... power from the Fed, and towards the states to make up their own laws. They have a law that allows dangerous people to be detained, not arrested, and held for psych evaluation... as per their STATE LAW. States Rights... the issue you are always whining like a baby about... well now you got it and are still whining.
THE FBI AND SECRET SERVICE WAS PRESENT, THEY DID QUESTIONING!! THEY ARE FEDERAL OFFICIALS!!
§ 37.2-809. Involuntary temporary detention; issuance and execution of order.
A. For the purposes of this section:
"Designee of the local community services board" means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department.
"Investment interest" means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.
B. A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or a designee of the local community services board to determine whether the person meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician or clinical psychologist treating the person, that the person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (ii) is in need of hospitalization or treatment, and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. The magistrate shall also consider the recommendations of any treating or examining physician licensed in Virginia if available either verbally or in writing prior to rendering a decision. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.
C. When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.
D. A magistrate may issue a temporary detention order without an emergency custody order proceeding. A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation.
E. An employee or a designee of the local community services board shall determine the facility of temporary detention for all individuals detained pursuant to this section. The facility of temporary detention shall be one that has been approved pursuant to regulations of the Board. The facility shall be identified on the preadmission screening report and indicated on the temporary detention order. Except as provided in § 37.2-811 for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6, the person shall not be detained in a jail or other place of confinement for persons charged with criminal offenses and shall remain in the custody of law enforcement until the person is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by the facility identified in the temporary detention order.
F. Any facility caring for a person placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the person within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.
G. The employee or the designee of the local community services board who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order, the insurance status of the person. Where coverage by a third party payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third party payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.
H. The duration of temporary detention shall be sufficient to allow for completion of the examination required by § 37.2-815, preparation of the preadmission screening report required by § 37.2-816, and initiation of mental health treatment to stabilize the person's psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 48 hours prior to a hearing. If the 48-hour period herein specified terminates on a Saturday, Sunday, or legal holiday, the person may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, or legal holiday. The person may be released, pursuant to § 37.2-813, before the 48-hour period herein specified has run.
I. If a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court. Subsequent orders may be issued upon the original petition within 96 hours after the petition is filed. However, a magistrate must again obtain the advice of an employee or a designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no temporary detention order or other process in connection therewith is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court.
J. The chief judge of each general district court shall establish and require that a magistrate, as provided by this section, be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this section. Each community services board shall provide to each general district court and magistrate's office within its service area a list of its employees and designees who are available to perform the evaluations required herein.
K. For purposes of this section a healthcare provider or designee of a local community services board or behavioral health authority shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.
L. The employee or designee of the community services board who is conducting the evaluation pursuant to this section shall, if he recommends that the person should not be subject to a temporary detention order, inform the petitioner and an on-site treating physician of his recommendation.
District Court Refuses to Stop Transfer of Marine Brandon Raub to Salem Psych Ward, 3 Hrs. Away, for Posting Political Views, Song Lyrics to Facebook
August 21, 2012
CHESTERFIELD, VA— Special Justice Walter Douglass Stokes for the General District Court for the City of Hopewell, Va., has denied an emergency motion filed by attorneys for The Rutherford Institute to stop former Marine Brandon Raub from being forcibly transferred to a psychiatric facility more than three hours away from his family, friends and legal team. Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page, is being transferred from John Randolph Psychiatric Medical Hospital in Hopewell to the Veterans Hospital in Salem, Va., on the other side of the state. Raub was arrested on August 16, 2012, and has since been detained against his will due to alleged concerns by government officials that his Facebook posts are controversial and “terrorist in nature.” Rutherford Institute attorneys are challenging Raub’s arrest and detention on the grounds that the detainment order was procedurally improper, the result of an unlawful detention, and was based entirely on statements made by Raub that constitute protected free speech under the First Amendment.
“This is not how justice in America is supposed to work—with Americans being arrested for doing nothing more than exercising their First Amendment rights, forced to undergo psychological evaluations, detained against their will and isolated from their family, friends and attorneys. This is a scary new chapter in our history,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”
Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his FB page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he has been held against his will. Outraged onlookers filmed the arrest and posted the footage to YouTube.
In a hearing before Special Justice Walter Douglass Stokes on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, Stokes sentenced the former Marine to up to 30 days’ further confinement in a psych ward and signed a court order for Raub’s involuntary admission to the Veterans Hospital in Salem. Rutherford Institute attorneys are in the process of filing various emergency motions and procedural appeals to challenge Raub’s detention.
“This is not how justice in America is supposed to work—with Americans being arrested for doing nothing more than exercising their First Amendment rights, forced to undergo psychological evaluations, detained against their will and isolated from their family, friends and attorneys. This is a scary new chapter in our history,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”
EVERYONE should start posting on facebook as this vet did. What are they gonna do........arrest us ALL??????
this is some scary sh!t!!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
When I first saw this thread I was skeptical that this was some corporate right wing BS to F the Obama administration. I wish I was right. The libertarians on this board seem to be right on point with their outrage over this detention. I have looked at lots of this guys Facebook posts and haven't seen anything that even remotely equates a crime! If the government has something they should arrest this guy, if not let him go. This detention really is scary in so many ways. When we don't need to provide proof to take away freedom we are really in trouble. FYI I don't give a crap that this guy is a marine, I only care that he is an American! By saying he's a marine it almost justifies the government to do this to non military citizens.
...The libertarians on this board seem to be right on point with their outrage over this detention. I have looked at lots of this guys Facebook posts and haven't seen anything that even remotely equates a crime! If the government has something they should arrest this guy, if not let him go. This detention really is scary in so many ways. When we don't need to provide proof to take away freedom we are really in trouble. FYI I don't give a crap that this guy is a marine, I only care that he is an American! By saying he's a marine it almost justifies the government to do this to non military citizens.
The government, through its actions of detaining someone, for speaking out against the government overstepping it's authority, has in fact, proven him right.
Logged
He has a good support system, can't
