Posted on 05/30/2008 2:00:59 PM PDT by Utah Girl
You don't think the FLDS could just claim that the same CPS that illegally took their kids simply delivered an extra kid that the CPS took illegally from somewhere else?
Two courts in Texas have agreed that the CPS has taken children illegally. How many courts in Texas have found FLDS members guilty of anything?
Otherwise they'd have to send checks for clearance through the mail to the clearing house banks rather than via special couriers, and at a price roughly that of what you pay for the lowest price express letter sent via Fed Ex.
All of which means that all checks, even bad checks, are actually "sent through the mail" even if they never get placed in the mail.
A bad check fits several of those points in the definitioin.
In fact, if you were to write a perfectly good check to a politician in payment for a bribe you'd offered her, that'd be covered - probably under "theft" since you are not supposed to "buy" the services of government officials - which makes a purchase (or bribe) a theft!
In reality just about all mail fraud charges involve checks, both good ones and bad ones, but most particularly those uttered in the commission of another crime.
Mailfraud is an easy charge to make and prove, and, most importantly, to get a conviction on.
Remmember, the cult that hangs together hangs together!
Can you imagine this machine in a plot for the Andy Griffin show? What a good time they would have with that. :)
BTW, addressing systems are a federal, not a state, matter. The Board on Geographic Names governs them. The CIA chairs the board.
CPS seems to be trying to get away from having to produce any evidence. Those are matters for the Court, although CPS can request the Court to issue orders requiring the parents to keep the kids in Texas, parently classes are so much equine feces. Funny, CPS wouldn't accept valid ID before, will they now?
The biggest vulnerability CPS has, and any law enforcement that helped them, is their little problem of taking adults into custody with no charges and no warrants, even some who showed such valid ID. That's false arrest or false imprisonment, or maybe kidnapping. I wouldn't think the statute would protect them against that.
The FLDS were like Zombies
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Did the moms, dads, and kids seem emotionally exhausted and/or suffering from PTSD? Did they seem wary and fearful of the CPS thugs?
Sort of. What it really did was concur with the Appeals court, which in turn *ordered* the district court to vacate (rescind) it's order granting CPS custody. This means the parents *have* custody, or will have as soon as the judge complies with the Writ of Mandamus issued by the appeals court. Thus CPS has no authority, whatsoever, to hold any child held under that order. None. If they keep them, it's kidnapping.
That said, CPS could try to get a judge, probably the same judge, to issue a new order, limiting the movement of the children and/or the parents. The Supreme Court said that much, but they can't condition the return of the children on the parents agreeing to that condition absent such a new court order.
IOW, CPS must give the children back ASAP after the judge rescinds her illegal order.
As long as they operating within the law.. but they weren't. Unless there is a "good faith" exemption in that statute, they could indeed be sued. This is especially true if they try to hold any child, for any reason, longer than it takes to bus them back to the YFZ ranch, once the order given CPS custody is rescinded.
Interesting info in this article:
http://news.yahoo.com/s/nm/20080530/ts_nm/usa_polygamists_dc_2
As part of that investigation, Texas officials on Friday obtained a DNA sample from Warren Jeffs, the leader of the breakaway Mormon sect.
Jeffs is in Arizona serving a prison sentence of 10 years to life for being an accomplice to rape by forcing a 14-year-old to marry her cousin.
“In the search warrant you will see that evidence was collected that Jeffs married four young girls,” said Jerry Strickland of the Texas Attorney General’s Office. “Two 12-year-olds, a 14-year-old and a 15-year-old. All of these marriages took place at the Yearning For Zion Ranch in Texas.”
Texas law provides that the parents may be ordered to stay in a particular geographic region. However that must be ordered by a Court, not just by CPS. CPS can request such an order, but in this case they'd better have some credible evidence of potential short term harm to a child for each person they wish to so restrain. That's going to be awfully hard to do, except perhaps for the pubescent girls, which constitute only a small fraction of the children taken from their homes.
Since CPS has very recently refused to accept birth certificates and driver licenses showing that the people they took into custody were adults, I would argue that demanding those same documents now is acting in bad faith. (Very bad from a legal standpoint.)
I don't know what other document you want them to show to identify themselves? It is not illegal to never apply for a passport.
I have a SS number, but the card disappeared many long years ago.
Will it teach these parents that it’s okay to have “Two Mommies”
__________________________________________
Only Two Mommies ????
Well that would be a step in the right direction...
An improvement on the conditions the children were living in when they were rescued..
Tell it to the Texas Supreme Court and the Texas 3rd Court of Appeals. They disagree with you.
Guess whose opinion counts?
“The FLDS were like Zombies, shuffling around with dead eyes. Even the men would not speak. The kids were brought to the adults, and they just shuffled towards them like blonde headed zombies. There was no joy, no love expressed, no running to momma. They just shuffled up to the adults and stood there. Something is all wrong there yet.”
Something is very wrong with these people!
I fervently hope that the lawyers for the parents are resisting this, just refusing to accept it.
Oh, the court can impose it involuntarily, but then it becomes a matter for a hearing and due process.
Right now the parents have the upper hand. The judge has been ordered to release the children, and the parents should insist that she do just that — without any conditions.
As far as not leaving Texas goes, if any state tried to kidnap my children, I would take them as far away as possible.
I am really hoping the reason this is taking so long is that the lawyers for the parents are not going to agree to anything under than unconditional release.
Evidence that muawiyah "Jumped the Shark" some (large) number of posts ago.
I thought the courts should have worked over Memorial Day to resolve this issue. I do like your idea of CPS working over the weekend to return the kids. I just hope CPS can find all the kids...
I tell you what. You be the subject of a huge, unjustified police raid, have your children stolen from you at gunpoint, have a bunch of lawyers spouting incomprehensible garbage, and then have someone come up and stick a camera in your face.
I bet you would look & act like a zombie too...
P.S. Have you ever thought that the TV station has a lot of discretion as to what footage they air. If they don't like the FLDS, they could get interview four people, three of whom can spout rhetoric that would put Ronald Reagan to shame, and one complete doofus. Of course they would broadcast the doofus.
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