Alert! Roger Barnett Threatened With Arrest

americanpatrol.com ^ | 11 October 2002 | The American Border Patrol

[Spiff]

Special Alert! Roger Barnett Threatened With Arrest

According to reliable sources, it is expected that the FBI will arrest Roger Barnett in the near future, possibly today. The charge will be kidnapping. Please watch this special video message. Click Here for Video

Roger Barnett is a Cochise County rancher who, the year alone, as apprehended and turned over to the U.S. Border Patrol over 2000 illegal border intruders.

He's been all over the papers and even in Time magazine and is consistently demonized by the leftist Reconquista types for protecting his property and turning the criminals over to the Border Patrol.

I know Roger Barnett - he is a good person - a great Republican - and a great American. The thought that our own government will arrest this man for non-violently protecting his own property is beyond alarming.

We need FReeper help in getting the word out about this and in, possibly, protecting Roger Barnett - or at least being there watching, video-taping when he is arrested. And then protesting like crazy once he is arrested.

This is intolerable! Instead of protecting our borders the Justice Department and the federal government is going after the guys that have to do it for themselves to protect their own property and livelihood.

Watch video and get involved. Please reply here if you want to help out with this situation. I'm going to get in touch with Roger Barnett and see if I can get an update on this situation and will keep everyone posted.

Don't sit and do nothing while a good American is persecuted for upholding the law. Let's roll.

[WRhine]

I believe Mr. Barnett was interviewed on O'Reilly. If this really happens, I hope O'Reilly is notified.

This is how you MAXIMIZE pressure on the treasonous Open Borders Club in DC. If Barnett's story and possible impending arrest is aired on O'Reilly and Sean Hannity's show it will make the empty suits at the FBI think twice about arresting a TRUE AMERICAN that is just trying to protect his family and property from hordes of INVADING illegal aliens that don't take our borders or laws seriously.

Last I heard, we had two FBI agents beaten half to death by Mexican Bandits that were robbing one of our trains near the border. I guess we can see what the priorities are in our nation's capitol. Gotta keep that river of illegal immigration going no matter what.

[Spiff]

From Arizona Revised Statutes:

13-3884. Arrest by private person

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

[WRhine]

Bush. This is probably a personal request from Fox; "Ju don't get no oil, Whore-Hay, unless you take down that impudent subject of yours, who keeps interfering con mi companeros on their way to Wendy Gramm's meat plants".

LOL...This does seem to be the case. Our government today is more interested in advancing the interests of Mexico and their Illegal Aliens than protecting the rights and safety of American Citizens. How did this ever happen?

[kstewskis]

Wish there was some way we could protect him, hide him, whatever. This is insane! Fox News will hear about this if it carries out.

[HiJinx]

Roger won't be hidden, or take to hiding.
Just ain't his way.

[mvpel]

Here's the ARS on Kidnapping:

13-1304. Kidnapping; classification; consecutive sentence

A. A person commits kidnapping by knowingly restraining another person with the intent to:

1. Hold the victim for ransom, as a shield or hostage; or

2. Hold the victim for involuntary servitude; or

3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or

4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.

5. Interfere with the performance of a governmental or political function.

6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

---

The only elements that are plausable in this situation are #4 and #5, #4 in the case of threatening physical harm in order to effect the arrest and #5 with respect to the border patrol's governmental function.

The Federal kidnapping statute, due to Constitutional limits, only obtains in certain jurisdictions - if the victim is "transported in interstate or foreign commerce," in the special maritime and territorial or special aircraft jurisdictions of the United States, or if the victim is a foreign official.

[aeronca]

Please Keep me posted, thanks.

[aeronca]

"Well, now that I've got everyone's attention - does anyone have any ideas?

Freep this poll? Visit link and see poll on left side bar. http://www.svherald.com/

[healey22]

Please keep me posted as well. I am all the way in Virginia, but I will come down and help in any way that I can if federal authorites even think of arresting this man.

[Boot Hill]

"shall...take the person arrested...or deliver him to..."

Thanks for cross-checking the reference I provided, against the actual Arizona statutes involved. Looks like it says the same thing. You not only are allowed to transport the prisoner, you "shall" (must). In other words, you were required to transport the prisoner as a matter of law.

Be sure to keep us posted (using your new ping list) as to the disposition of this case. Freepmail me if you have any private questions about the things I posted here tonight.

Regards,

Boot Hill

[Boot Hill]

brat asks:   "Does anyone have a connection to the American Center for Law and Justice?

The ACLJ is primarily concerned with Church/State issues. While they do take on other civil rights cases, this one may be a bit of a stretch for them. However, check with them anyway and even if they are not interested, they sure would know what organization/person to refer you to. Click on the link above to get to their home page and then click on "contact the ACLJ" link at the top of their page. That will give you the name, phone numbers, email addresses, etc., that you need.

Probably a better source of help for you, and the one I would be inclined to contact, would be the Pacific Legal Foundation in Sacramento, California. Don't let their location in California discourage you, they take cases nation-wide. Click on the link above to get to their home page and then on the left side of the page, click "Offices, Headquarters" for contact info. Again (and just like with the ACLJ), if they can't help you, they will refer you.

Good luck,

Boot Hill

[Boot Hill]

mvpel,

mvpel says:   "The only elements that are plausable in this situation are #4 and #5"

Or, if Roger Barnett stops them while they're being transported by truck, then #6 ("...or other vehicle").

Also, I would be concerned about the "transported in interstate or foreign commerce" portion of 18 USC §1201(a)(1) (Federal kidnapping statute). Transported could include the foot traffic across the AM/MEX border onto Barnett's property and commerce can include illegal commerce.

Notice too, that the Federal statute is not worded as a specific intent crime as is the Arizona statute.

Regards,

Boot Hill

[FreedomFriend]

Absolutely outrageous. If this doesn't remove any bit of doubt that this is not our government in charge, then you need to wake up.

Like I've said, the "powers that be" are pushing forth a globalist agenda. While votes and campaign contributions have something to do with it on a congressional level, there are others who are actively seeking to erase our border and merge us with our "neighbor to the south" and our "neighbor to the north".

This is a statement of "if you get in the way, we'll come after you". This, even if you're helping to enforce the law against lawbreakers on your very own property. However, what are private property rights to the agenda 21 crowd.

[FreedomFriend]

Bush is a Globalist, and an anti-American. At least, that's what his actions reveal.

[FreedomFriend]

It's looking like it's a war on our rights and the promotion and pushing forth of a globalist agenda. Wide-Open Borders, "Free Trade", amnesty, and the free flow of goods and peoples across boundaries.

Bush is NO conservative. The guy is a left-winger.

[FreedomFriend]

The government is now very corrupt. This isn't the America that it once was. This is some nightmarish America.

[FreedomFriend]

ping

[RIGHT IN SEATTLE]

mexico=TRASH!!!!!!!!!!!!!!!

I HAVEN'T SEEN ANY DONATION FROM MEXICO EQUAL MY DONATION!!

[CWRWinger]

I know Roger Barnett - he is a good person - a great Republican -

Yes, and look how this administration is treating him. Presidente Bush is not interested in securing the borders and fulfilling his obligation to the Constitution.

[Lion's Cub]

Appreciate the ping on this.

If they plan to arrest him, I'd guess they might choose the weekend when the press is "off duty".

OTOH, waiting for the next day the sniper kills someone would ensure little coverage, too.

If this happens before the elections, it shouldn't be hard to undo--pubbies DON'T want to lose the border states. AFTER the elections, it'll be a whole 'nuther ballgame.