PC Silliness from San Angelo Standard Times: One World War II Dictator

by Kurt Schulzke on August 17, 2008

There’s no shortage of phoney political correctness these days in San Angelo as Standard-Times reporter Paul reports on blogs, including I Perceive, that have covered the Texas CPS debacle.  Excerpts and commentary:

There is no shortage of controversy swirling around the FLDS case - and that may be the understatement of the year. . .

Some [blogs] go a bit further than others - going the sadly predictable routes that include either comparing officials in the case to one World War II dictator or another or repeating the most sensationalistic of the unproven rumors that have floated out of Eldorado over the past four years.

“One World War II dictator”?  Hah.  Does Anthony not know the dictator’s name? It’s not just the blogs that have (accurately) compared Rick Perry, Angie Voss and Judge Walther to Nazi war criminals.  As we’ve previously noted, attempting to take the children of an entire religious group is defined — under U.S. law — as genocide.  The dictator’s name was Hitler.  More:

Here are five blogs that have dedicated quite a bit of “ink” to the debate since April.

  • I Perceive, by Kurt Schulzke (iperceive.net)

Schulzke, who describes himself as an Atlanta attorney-accountant, says on his blog he wants to promote a “civil dialog among adherents of competing schools of thought.” For the most part, he does that. I Perceive is decidedly opposed to the actions taken by the state’s Child Protective Services agency, and he’s not above taking some cheap shots in his arguments, but overall he succeeds in keep things civil.

While I appreciate the plug, it’s fair to note that I Perceive is a “we,” not a “he”.   I Perceive contributors include at least six different authors, four of whom have written on the CPS controversy.  And I’d like Anthony — or any reader — to point out any “cheap shots”.

More from Anthony at San Ang Standard Times.

{ 43 comments… read them below or add one }

Thomas Forguson 08.17.08 at 9:54 am

I have just commented on Anthony’s blog. I have pointed out the reasons for comparing the oppressors of the FLDS to certain followers of a certian dictator.

kbp 08.17.08 at 11:35 am

Overall, Anthony has been closer to reporting in a balanced manner than many others in the media.

There are a few investigative reporters in this nation I admire, whether I agree with them or not. The problem is that the media has found itself to be a tough market to serve and fewer investigative reports are produced today.

It’s a bit ironic that any reporter writes of blogs, as that seems to be one of the many factors that have decreased the hold the big media players had on the market.

Anything like what Anthony wrote keeps the topic in the media AND directs readers to the blogs. Personally, I see it as a win-win here.

On his “unproven rumors that have floated out of Eldorado over the past four years”, I’m not sure WHAT he is referring to, except facts Sheriff (violate your rights” Doran has told ALL of.

Help on any topics I may be overlooking that fit in that group would be appreciated.

kbp 08.17.08 at 11:40 am

I should add that many reporters who write of local & state matters have to keep the door open to those that are their source for the overwhelming majority of the information they report on; The local & state authorities!

The budgets seldom leave them open to digging every place for information to write in their daily reports, so they need those sources, and at times those sources need them!!

Thomas Forguson 08.17.08 at 12:29 pm

KBP the unproven rumors are those that have spread by Flora Jessop and company. these are the rumors that led to the raid.

kbp 08.17.08 at 2:40 pm

Thanks

Look Out! 08.17.08 at 5:19 pm

There is only one direct assumption one must make of the criticisms of Mr. Anthony in this article is that any one that defends the FLDS are blinded and uneducated. Again, the lies are propped up and supported by the claims of those that see the FLDS as a culture not worthy of defense or rights to freedom. An erring press can do more damage to the innocence and freedoms of any citizen. I Perceive has only countered the main stream press and given food for thought that provokes the inward thoughts to a love of freedom and the love to allow all the freedoms they should enjoy. Wrong can never be condoned, but hold the tongue to condemn lest we call wrong right and right wrong and find ourselves the same as wicked Judge Walthers in our judgement. The sad perception that many prophets and apostles of ancient scriptures would have met their doom in nowaday America. America would have sent many of them to the grave and to the prisons with the present judical system that is rife with injustice. Stay it I Percieve, the truth is a fresh drink of water.

TxBluesMan 08.17.08 at 10:12 pm

Kurt,

I thought the article was right on the target. You do present a generally civil place, but some of your posters do resort to cheap shots. I’ve noted that you try to control that, and I think Anthony noticed that too.

jj 08.17.08 at 11:04 pm

TBM

It is no cheap shot that brings fredom from oppression! I faced more hell than most of you imagine through cheap shots from New Phoenix Times supposed investigative reporter, with out-right lies,saying privately that no one listens when you only tell the truth; and news conferences by the AZ AG, to abuse the public mind to give them more lattitude for “Public Opinion” justification for their tricks. Utah’s AG not doing any better than that. Calling the FLDS “Organized Crime” and imposing a chane in the definitions of common words through this abuse, such as “insolvancy”, “Pedophile” “Forced Marraige” “Sex Offender” when the reality is not even close.

Then to have the legislatures change the laws to create new ways to make offenders of them!

I see the cheap shots! Do you???

Xorphshire 08.17.08 at 11:57 pm

jj,

Isn’t it weird how that works? The FLDS can be joked about, persecuted and flat out lied about, but if anyone defends them by pointing out the reckless lawlessness of individuals responsible for their persecution, then it’s called “cheap shots” — or you just don’t see things as they really are.

Unfortunately, as each of those anti-FLDS cheap shots become known for the lies they are, new ones are gonna take their place. We can all count on Texas tweaking and changing any and everything they possibly can to save face.

TxBluesMan 08.18.08 at 8:09 am

jj/Xorphshire ,

I would imagine that Anthony (although I can’t speak for his reasoning) is speaking more of the bigot/fascist labels that some tend to label anyone that states the FLDS emperor has no clothes. For the most part, Kurt tries to limit this to civil discussion, which is what Anthony noted.

In any event, Kurt and his co-writers/bloggers have a good blog here, although I believe that he is on the wrong side of the issue. Regardless, the open discussion of the issues that he has here provides a way to get all of the positions out in the public view, and that in and of itself should be commended.

Thomas Forguson 08.18.08 at 8:47 am

Txbluesman, I am not interested in a civil discussion. I write to protest a horrible act of injustice. I have little patience for those who excuse it.
I call the police officers involved in this raid storm troopers for the following reasons. !. Heavily armed police uints invaded a virtually unarmed community 2. They exceeded the limits of their warrants and searched anything and everything. 3. They seized every child irregardless of age or gender
The words concentratiion camp are accuratley applied to the FLDS confinement to Fort Concho and the coliseum. The only reason for confinement was to be a FLDS woman or child. There is enormous testimony that these people were treated in the manner of prisoners.
Lastly, one of the defintions of genocide is the forced transfer of children from one group to another group. At the end of the 14 day hearing, the judge threatened to put these children up for adoption. If she had followed up on this threat, she would have been committing genocide.

kbp 08.18.08 at 9:31 am

A problem with any worrying about what the emperor is wearing is that we know what the emperor was wearing April 3rd - an outfit assigned him by a prison in another state.

Addressing what part he plays, while discussing how rights may have been violated in the raid, is only of benefit to those that condemn beliefs or assign guilt through association.

Anthony tells us he is addressing FOUR blogs that write on issues “in a case with such wide-ranging ramifications for individual rights and child safety”.

It is obvious which of those he identified as holding discussion on “rights”. On the TWO added for balance, evidently, Anthony ignores what is posted there.

Ron tells us of a higher teen pregnancy ratio that justifies ignoring it as evidence of crimes any where but within the ranch residents, shows his readers how marriage age within the FLDS is barrier for the young to reach goals established by those outside of the religion, various posts to condemn the FLDS through association with the actions of ONE not living with them… and much more that clearly indicates an objective of “bringing down the ultimate leadership of the organization”.

As for the “cheap shots”, Anthony needs to pay better attention to a few posts by Ron and about half of them lately on your blog.

It has clearly transformed from one discussing the case and how the facts of it relate to the laws that may be involved, into a private board to concentrate on targeting individuals not at all a part of the case. Your own little private efforts to humiliate people for giving their opinions.

A few cheap shots here & there in comments is expected, sometimes laughed at by all reading them, especially if posted in a somewhat joking manner. I do not even mind being the target of a civil joke, but…

…posts on a blog pointed ONLY at individuals whose involvement in the case is merely commenting and/or blogging themselves shows any that read them where you’re heading TBM.

Xorphshire 08.18.08 at 10:10 am

Amen, TBM.

Although we may disagree on Kurt’s position on the issue, this blog is one of a very, very few worth following.

Pliggy 08.18.08 at 10:31 am

jj would you write a history about that school fiasco so I can put it up on my blog? Or write up your own blog?

There needs to be a place we can point people to it.

(and cheap shots? I am neither innocent, nor the least shot at)
I apologize for responding in kind Jimmy.

pixel105 08.18.08 at 10:54 am

If you want to know the inside story of the polygamous cult lead by Warren Jeffs (who live at the YFZ Ranch in TX and in Colorado City, AZ.), check out the recent documentary BANKING ON HEAVEN. http://www.bankingonheaven.com

Thomas Forguson 08.18.08 at 11:05 am

Pixel 105 this documantary is the king of all cheap shots. I dont know why you have chosen to believe liars. Some of us require more than unstantiated lies. That film was made in 2006 and none of its predictions have come true. Its hard to believe that people are still the target of irrational hatred by people like pixel 105

Xorphshire 08.18.08 at 12:46 pm

pixel105,

Good joke there. That’s like saying:

If you want know the inside story of what’s going on inside the Combustion Research Facility at Sandia National Laboratories, then check out the latest info here at: http://yellowhousefarmnh.com/content/896

TxBluesMan 08.18.08 at 11:39 pm

Thomas,

I am only responding to one of your points, because the points are subjective opinion.

The officers did not exceed the scope of the warrant, and I believe that you could ask both Kurt and Doran that question and they would confirm that.

They may argue that that warrant was overbroad, or lacked probable cause (both points that I would debate with them), but there is no way to look at the warrant and what the officers searched and seized and claim that they exceeded the scope.

TxBluesMan 08.18.08 at 11:40 pm

**because the other points…**

Sorry about the omitted word in the original post.

marttie 08.19.08 at 10:43 am

Can we see the original warrent?

Thomas Forguson 08.19.08 at 11:10 am

Txbluesman they searched everything.

TxBluesMan 08.19.08 at 3:01 pm

Marttie - it’s available on the web somewhere…

Thomas - what’s your point? Of course they searched everything - they had a warrant to search the entire 1,691.11 acre ranch property that was owned by the FLDS, including “all buildings, medical facilities, structures, places and vehicles…”

If the warrant tells them to search everything, and they do in fact search everything, how, pray tell, did they exceed the scope of the warrant?

TxBluesMan 08.19.08 at 3:01 pm

Marttie - it’s at gosanangelo.com

Thomas Forguson 08.19.08 at 3:47 pm

Txbluesman, It have read the affdavits and i doubt the search warrant was to search everything. The point, hard head, is that if the constitution forbids anything it is an indiscriminate search. A warrant must list those things that are to be searched and anything that goes beyond that and searches anything and everything is forbidden. A horrible act of injustice has been perpetrated against these people and I lose patience with people like you who escuse it.

TxBluesMan 08.19.08 at 4:54 pm

Thomas, again, specifically, what did they search that was not mentioned in the warrant?

Unless you can show that they searched something that was not listed on the warrant, or that they seized something that was not listed, they did not exceed the scope of the warrant.

I lose patience with people like you who make allegations that are not supportable by facts.

The point, hard head, is that when you allege a specific violation of the law on search warrants (exceeding the scope, for example), it helps if you know what makes up the violation.

So once again - what did they search (specifically) that was not listed on the warrant?

Thomas Forguson 08.19.08 at 7:44 pm

LOOK HARD HEAD! This is not a court of law. This an opinion and it is not an indictment. My opinion reflects the terror experienced by a peaceful population invaded by heavily armed police units.
I have been fairer than any kangaroo court conducted by your Judge. Does this reflect a gulty conscience? They searched EVERYTHING. while i dont have a list of everything they searched, it did not include EVERYTHING. Commonsense says that you could not be authorized to search everything out there. They ransacked the place. Dont accuse me of unsubtantiated charges. The storm troopers who invaded the XYZ ranch didnt bother to substantiate the charges leveled by Rozita Swinton and Flora Jessop.

marttie 08.19.08 at 8:27 pm

I still can’t believe that none of those calls were recorded. I believe from what I have just read that the warrant was ment to cover EVERYTHING. The dispute is that it was issued without enough evidence to support such a catastrophic measure. They should have looked in to Dale Barlow before doing anything since he was suposto be on probation. How easy it would have been to establish where he was arrest him and question him.
Why did they take the children before they finished searching? Because the mothers LOOKED young. They found a hair in the temple that was a womans because it was “long?” This proved that there was underage sex taken place in the Temple thus justifying their desecration it. From all the calls they got the only responsible thing would have been to look in to it. NOT by jumping to stupid conclusions that all the FLDS are exactly the same. Or that they all lived in the same house. come on common sense would have been a great help.BUT (sarcasm) SAVING the children is more important than commonsense especialy when you know you are right.

Thomas Forguson 08.19.08 at 8:34 pm

One thing that occured to me was family photos. While the police were justified in taking photos that appear to depict underage relationships. The police appear to have gone too far in seizing every photo they possibly could.They could have shown more disgression. When the mothers returned from captivity, many of them were stunned to discover that their family photographs had disappeared. How would you like to have someone take away your family photographs? While some of this material may be returned, some precious are lost forever.

marttie 08.19.08 at 9:26 pm

They were looking for “Sarah’s” children. Some of the other families MAY be hiding them. OR have their photos. I’ve never heard anything so stupid in my life. It was all a big sham to get something to use against them.

TxBluesMan 08.20.08 at 1:04 pm

Thomas,

I quoted the scope of the search as to the premises or place to be searched from the first warrant already. The second warrant was even more specific, including: “all buildings, temples, temple annexes, places of worship, vaults, lockboxes, locked drawers, medical facilities, structures, places and vehicle on said premises,” premises having previously been described as the 1691.11 acre ranch. As for the seizure of the family portrait you mention, photographs were listed as items to be seized under the warrant, and specifically included family photographs.

You state that you do not want to be accused of making unsubstantiated charges.

There is simple solution to that - don’t make them. Your charge, opinion, or whatever you wish to call it, of the authorities exceeding the scope of the warrant is just that, an unsubstantiated charge, and is a misstatement of facts.

You are correct - they searched everything. Of course, everything that they searched was listed on the warrant. That means that they were within its scope as to the premises. They seized a whole lot of documents, photos, etc, all of which were listed on the warrant.

To support a charge of exceeding the scope, one needs facts that show that either something was searched that was not listed as part of the premises, or that something was seized that was not listed. You can’t show either, which is what unsubstantiated means.

The Rangers and other law enforcement officers did not exceed the scope of the warrant.

I will give you a hint - try arguing that the warrant was overbroad. You’ll be able to at least make a coherent argument for that charge. If you ask nice, maybe Kurt or Doran will help you.

P.S. - try spell checking your posts, it doesn’t help your case when you misspell words, as Doran kindly pointed out to me…

Thomas Forguson 08.20.08 at 3:43 pm

Doesnt help when I misppel words? Your outrage shows that I am getting my point across. On April 3 heavily armed police units invaded and terrorized a peaceful community. The police and their CPS collaborators seized every child irregardless of age or gender. They threw women and children into the Fort Concho concentration camp. Your lack of sensitivity on the problem of family photographs is appalling. They lacked discretion in what they searched. Like I have said before, I think that your outrage reflects a guilty conscience. If you had more confidence in what you are saying, I would not bother you so much. These people have been and still are the target of a horrible act of injustice. I dont care if I miss a few details. I will continue to protest this terrible act of injustice. Do I mispell words? That is not important.

Kurt Schulzke 08.20.08 at 4:03 pm

Thomas, Dude! It’s clear you have strong feelings. But you don’t win the argument politically or legally with outrage alone. And the entire case will turn on details, though certainly not spelling.

I’ll give you a case to read here soon that might spark some productive thought. But hounding TBM on this won’t get you or your friends anywhere.

K

Kurt Schulzke 08.20.08 at 4:04 pm

BTW, I think TBM is right as to the futility of disputing whether the officers’ went beyond the scope of the warrant. You gotta make your best argument if you’re going to win. And this ain’t your best argument.

Thomas Forguson 08.20.08 at 4:09 pm

Txbluesman. The real point is that neither the search warrant not the arrest warrant was rightfully granted. A small amount of investigation would have uncovered the fact that Sara Barlow was in fact a nut case named Rozita Swinton. Also, they would have discovered the fact that Dale Barlow had never left the state of Arizona. These people have been and continue to be the victims of some horrible acts of injustice. If you dont like I have to say about it, that’s too bad. Did I misppel anything?

Kurt Schulzke 08.20.08 at 4:21 pm

Thomas –

Now you are starting to get back to possibly productive territory. But to get relief within the legal system, you need to frame your appeal within a legal theory that allows a judge to grant relief. “Horrible acts of injustice” don’t meet the test.

But you might argue that the judge should not have issued the warrant to begin with (for lack of probable cause) or that the warrant as signed was overbroad (as TBM has suggested).

You seem to be nibbling at the first of these theories in your last message. But you can’t just wipe out the warrant because Swinton was a nut case. The rules are more nuanced than that.

K

Thomas Forguson 08.20.08 at 6:12 pm

Lack of probable cause is what I’m getting at. Swinton is a nut case and that she is why she made her phony calls. If the police had discovered a nut case was making the calls, they would have discovered that they didnt have probable cause. They would have known the alleged victim and her abuse didnt exist. I realize that horrible acts of injustice doesnt interest our highly conservative judicial system. But it is what grabs my attention and why I keep right on blogging. Saying that the police searched anything and everything reflects the outrage felt by the victims of this raid.

TxBluesMan 08.20.08 at 6:23 pm

Thomas,

What outrage? I’m having too much fun to be outraged…plus, that would make my blood pressure go up, I’d have to adjust my BP meds, etc.

Now (finally) you have a real issue, which is whether the warrant was granted correctly (insufficient probable cause). I believe that you are incorrect, but at some point there will be an answer to the issue, since it will be ruled on by the court and appealed by the losing side…

I personally would have argued the overbroad angle, but hey, go for insufficient P.C. if you want. Of course, you have to remember that the courts won’t consider the fact that Rozita Swinton was determined to have made the calls, as that information was not known to the officers at the time that the warrant was issued. Only the facts that are known by the officers at the time can be considered, and only the information within the four corners of the P.C. affidavit matter….

BTW, irregardless is a redundant word - it is much better to use the word regardless… (from post 31).

Kurt,

I would suggest that you have him read Stanford v. Texas, 379 U.S. 476 (1965) and go for the overbroad approach. I don’t think it will work, but it’s a good start. The P.C. is too nuanced for him to argue effectively…

Kurt Schulzke 08.20.08 at 6:29 pm

TBM —

You are assuming that the officers didn’t know Rozita or another hoaxster made the calls. I’m not convinced, especially since Johnny Griffin wasn’t convinced, either, before Walther signed the darned thing. But overbroad is another possible avenue.

Thomas Forguson 08.20.08 at 6:41 pm

Horrible acts of injustice are what motivate my interest. I am certian that the residents of the XYZ Ranch didnt enjoy the mass kidnapping of their children. I am having to repeat myself, but the officers should have known that the calls were hoaxes and that their victim did not exist. TBM are you having fun? You sounded angry or at least annoyed.

Bob 08.20.08 at 9:33 pm

You should not argue one or the other (lack of probable cause/overbroad), but argue in the alternative.

In addition, it might be wise to at least raise issues of abuse of process and malicious prosecution as well as a constitutional issue or two. Cite newspaper statements by the local sheriff.

May not work in the lower court, but the record will reflect that you did raise these issues. This should strengthen your hand on appeal, where the matter will become less a matter of black letter law and more an issue of public policy.

It will be relevant on appeal that the warrants were served not on, say, Joe’s Hamburger Stand, but on a minority religious institution.

TxBluesMan 08.21.08 at 3:50 pm

Bob,

If I were defending the FLDS, that is the way I would argue (in the alternative), but I didn’t think that Thomas would understand that legal gambit.

Either way, there is almost no chance that the warrants will be tossed at the trial court level - it will all be determined by appeal, after conviction.

Thomas Forguson 08.21.08 at 4:57 pm

Texasbluesman I dont understand what you are talking about. It seems to be that lack of probable cause is the opposite of overlybroad and vice versa. What I undestand is justice and the lack of it.

TxBluesMan 08.21.08 at 6:57 pm

Thomas,

To argue in the alternative is to make more than one argument, some of which may be mutually exclusive. The best example is by Richard “Racehorse” Haynes, one of the best criminal defense lawyers in the country (or at least one with a good press agent), who gave this example:

“Say you sue me because you say my dog bit you. Well, now this is my defense:

1. My dog doesn’t bite.
2. And second, in the alternative, my dog was tied up that night.
3. And third, I don’t believe you really got bit.
4. And fourth, I don’t have a dog.”

Lack of PC and an overbroad warrant are not necessarily mutually exclusive.

Leave a Comment

You can use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>