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Federal lawsuit filed against Homeland Security Secretary Napolitano

April 20, 6:31 AMLaw Enforcement ExaminerJim Kouri
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 (The following information was delivered to the National Association of Chiefs of Police by the Thomas More Law Center.)

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced Friday evening that it filed a federal lawsuit against Homeland Security Secretary Janet Napolitano. 
 
The lawsuit claims that her Department's "Right-wing Extremism Policy," as reflected in the recently publicized Intelligence Assessment, "Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment," violates the civil liberties of combat veterans as well as American citizens by targeting them for disfavored treatment on account of their political beliefs. 
 
According to the Law Center, Napolitano tried to blunt the public furor over the Report by a half-hearted apology to veterans, but she left out of her apology all of the other Americans her Department has targeted because of their political beliefs.
 
According to the lawsuit, officials at the Department of Homeland Security admitted that their internal office of civil liberties objected to the language in the "extremism" report, but the Department issued it anyway.

Richard Thompson, President and Chief Counsel of the Law Center stated, "Janet Napolitano is lying to the American people when she says the Report is not based on ideology or political beliefs. In fact, her report would have the admiration of the Gestapo and any current or past dictator in the way it targets political opponents.  This incompetently written intelligence assessment, which directs law enforcement officials across the country to target and report on American citizens who have the political beliefs mentioned in the report, will be used as a tool to stifle political opposition and opinions.  It will give a pretext for opponents of those Americans to report them to police as right-wing extremists and terrorists.  You can imagine what happens then."

The Report specifically mentions the following political beliefs that law enforcement should use to determine whether someone is a "right-wing extremist":

* Opposes restrictions on firearms
 
* Opposes lax immigration
 
* Opposes the policies of President Obama regarding immigration, citizenship, and the expansion of social programs
 
* Opposes continuation of free trade agreements
 
* Opposes same-sex marriage
 
* Has paranoia of foreign regimes
 
* Fear of Communist regimes
 
* Opposes one world government
 
* Bemoans the decline of US stature in the world.
 
* Upset with loss of US manufacturing jobs to China and India  

The lawsuit was filed in the U.S. District Court for the Eastern District of Michigan on behalf of nationally syndicated conservative radio talk show host, Michael Savage, Gregg Cunningham (President of the pro-life organization Center for Bio-Ethical Reform, Inc (CBR)), and Iraqi War Marine veteran Kevin Murray.  The Law Center claims that Napolitano's Department (DHS) has violated the First and Fifth Amendment Constitutional rights of these three plaintiffs by attempting to chill their free speech, expressive association, and equal protection rights.  The lawsuit further claims that the Department of Homeland Security encourages law enforcement officers throughout the nation to target and report citizens to federal officials as suspicious rightwing extremists and potential terrorists because of their political beliefs. 

Thompson added, "The Obama Administration has declared war on American patriots and our Constitution.  The Report even admits that the Department has no specific information on any plans of violence by so-called ‘rightwing extremists.'  Rather, what they do have is the expression of political opinions by certain individuals and organizations that oppose the Obama administration's policies, and this expression is protected speech under the First Amendment." 

The Law Center is asking the court to declare that the DHS policy violates the First and Fifth Amendments, to permanently enjoin the Policy and its application to the plaintiffs' speech and other activities, and to award the plaintiffs their reasonable attorney's fees and costs for having to bring the lawsuit.

The Thomas More Law Center defends and promotes America's Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services. 

To read the Thomas More Law Center lawsuit, visits this web site:http://www.thomasmore.org/downloads/sb_thomasmore/ComplaintAgainstDepartmentofHomelandSecurity.pdf

 


Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police and he's a staff writer for the New Media Alliance (thenma.org).  In addition, he's the former blog editor for the House Conservatives Fund's weblog.  Recently, the editors at Examiner.com appointed him as their Law Enforcement Examiner. Kouri also serves as political advisor for Emmy and Golden Globe winning actor Michael Moriarty.

He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations.  He's also served on the National Drug Task Force and trained police and security officers throughout the country.   Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He's a news writer for NewswithViews.com and PHXnews.com.  He's also a columnist for AmericanDailyReview.Com, MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com.   He's appeared as on-air commentator for over 300 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc.  If you wish to receive Kouri's emailed law enforcement and intelligence reports, write to him at COPmagazine@aol.com. Simply write "Free Subscription" on the subject line.

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