Mongols Nation Conclusion Nears

The Aging Rebel ^ | 7/28/2015 | Donald Charles Davis

[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 Carter’s 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 club’s 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 Min’s 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.

[Robert Teesdale]

There has been some interesting opportunities uncovered here on the part of the attorney David Loy from the ACLU. The judge is expected to rule on Monday on a dismissal motion of the case.

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.

[nickcarraway]

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.

[Vaquero]

So....the doc wore a ‘Mongols’ patch? ‘splane’

[ImJustAnotherOkie]

I thought they were flying these colors.

[Robert Teesdale]

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.

Punishment by Process is alive and well, and certainly a standard aspect of the American judicial system. And that is, ultimately, not the result of evil or its banality but rather the simple settling of systems into procedural simplicity.

But it's one when when a system settles into homeostasis and another when a human being determines to exploit that system attribute to break the system of justice and law, and do what was never intended: punish people without due process, while all the time claiming the mantle of righteousness and correct process.

That is evil.

It incurs karma.

Karma is bigger than its creator.

Karma is a bitch.

$.02.

[Robert Teesdale]

I thought they were flying these colors.

Naw, you got the teams backwards. Department of Justice works for these guys:

[StormEye]

The White “Homo-Bordello Mosque” House.

[Terry L Smith]

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.

[Robert Teesdale]

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!

The Hells Angels have been very successful with formally and commercially protecting their winged death's head emblem, albeit not as a mass market product. It will be interesting to see if this case produces any kind of fundamental shift in intellectual property v. membership marks in this area.

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. :)

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.

I'm sure there are some treasured memories there. I saw an absolutely gorgeous Indian a few weeks ago on the way to Glenwood Springs. Even the wife was impressed. Tan, white and maroon with russet leather. Guy was from several states away, on the way through Colorado because "he had nothing better to do" which is a great reason to ride hundreds and hundreds of miles. Indians can be some nice motorcycles.

[Robert Teesdale]

The White “Homo-Bordello Mosque” House.

At least, you know that there was a discussion in the highest levels of government, and some sanity did prevail on selection of national landmark for the lighting effects. Could have been the Washington Monument.

You just know someone had to have suggested it.

[Ethan Clive Osgoode]

HELP OPPRESSED CRIMINAL GANGS.

You CAN make a difference!

DONATE TO THE CRIMINAL GANG RELIEF FUND.

[Terry L Smith]

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.