Posted on 07/29/2015 1:52:42 PM PDT by Robert Teesdale
Expect the Mongols Nation case to be dismissed by Judge David O. Carter next Monday afternoon. A hearing on the dismissal is scheduled for 2 p.m. in Carters courtroom in the Ronald Reagan Federal Building and Courthouse in Santa Ana, California.
The case has attracted national attention. At issue is the question of whether the government, or a couple of rogue federal prosecutors named Christopher Brunwin and Stephen R. Welk, can forbid members of the Mongols Motorcycle Club from wearing the clubs distinctive insignia. Brunwin and Welk have made careers of this. They attempted to seize the Mongols trademarks in a criminal case called U.S. versus Cavazos and others and again in a civil case named Ramon Rivera versus Kenneth E. Melson, Acting Director, Bureau of Alcohol, Tobacco, Firearms and Explosives and others. They lost both those cases. American Civil Liberties Union attorney David Loy who represented Rivera called the attempted seizure of the Mongols patch an outrageous violation of the First Amendment, and an absolute abuse of forfeiture and trademark laws.
But Brunwin and Welk continued with what Mongols attorneys Joseph A. Yanny and Elliot H. Min call a pointless prosecution. Monday Judge Carter, will probably, finally put a stop to this, preclude the government from trying to seize the patch of any other motorcycle club and tell Brunwin and Welk, or at least the Department of Justice, to pay Yanny and Mins legal fees.
Carter will rule on three key issues: The forfeitability of the Mongols patches; a legal principal rarely cited in criminal cases called Nonmutual Defensive Collateral Estoppel; and whether the government and the prosecutors acted unreasonably, vexatiously and recklessly in pursuing this case.
(Excerpt) Read more at agingrebel.com ...
From the article: "Carter will rule on three key issues: The forfeitability of the Mongols patches; a legal principal rarely cited in criminal cases called Nonmutual Defensive Collateral Estoppel; and whether the government and the prosecutors acted unreasonably, vexatiously and recklessly in pursuing this case."
In a nutshell - the Federal government harassed people by repeatedly bringing cases against them. Punishment by process, they call it. And it's quite possible that the prosecutors in question could be held individually liable for the conduct.
It will be interesting to see.
This is done all the time and no one stops it. I know a doctor who they did this to. Even though there were no complaints against him the state kept bringing actions against him. His lawyer finally told him to give up, because they could win ever action, but they’d keep doing it.
So....the doc wore a ‘Mongols’ patch? ‘splane’
The White “Homo-Bordello Mosque” House.
I know such patches are a thing of a particular ‘group’, and are usually not something one sees in the free market, but what a comeback if they went commercial with the patch!
A chopper with a ‘suicide shift’?? Not something you see anymore, these days.
yes, I knew some ‘folks’ that had choppers, and had a ‘group’ or two ride by the house in CT, on their way to or from a ‘gathering’, and one or two would actually stop and chat with my father and i. Dad was a ‘wild child Californian’ in his days, riding with a ‘group’ that rode Indians.
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dear robert,
re: “A chopper with a suicide shift?? Not something you see anymore, these days.
I’m sure there’s litigation just waiting for the next manufacturer. :)”
They have been made, are kept up-restored-classics, but yes, I don’t think that there are those that would make/buy them, with all the cars that do not have manual transmissions today, how many folks really know how to use a manual transmission.
Besides, that was a term my dad used, so it does go back-a-ways, as well as the old ‘brains-bucket’ helmets.
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