Obscure Law Trump Lawsuit Cites Suggests Staff Can Kill Journalists For Asking a Question.

Obscure Law Trump Lawsuit Cites Suggests Staff Can Kill Journalists For Asking a Question.

Rod Webber thrown into table by Police and Trump Staff (photo by Kevin Bowe)

The New Hampshire Primaries — Where hopeful MCs come to test their skills on the mic, and their willingness to shed their dignity to become lapdogs to the power elite, so they too can be a puppet for a conglomerate of Wall Street Bankers for four to eight years.

Well, if you’re a humble citizen journalist like myself, without anyone handing you a script — you might make the mistake of asking a real question at one of the many political “town halls” during the primaries… And there’s the rub… If you’ve got any kind of question that is worth asking, then freedom of the press is no longer permitted as part of the New Hampshire primaries — and the Manchester Police have pretty much said so to me in a legal document (filed June 14), as part of my lawsuit against them and the Trump Campaign. This comes on the heels of a June 5th filing by the Trump Campaign which cites, RSA 106-F:4, XIII allows unlicensed and unaccountable yahoos from out of state, traveling with national candidates to legally be called “security.” This is coupled with RSA 627:5, III. It reads:

A private person who has been directed by a law enforcement officer to assist him in effecting an arrest or preventing an escape from custody is justified in using: (a) Non-deadly force when and to the extent that he reasonably believes such to be necessary to carry out the officer’s direction, unless he believes the arrest is illegal; or (b) Deadly force only when he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the imminent use of deadly force, or when the law enforcement officer directs him to use deadly force and he believes such officer himself is authorized to use deadly force under the circumstances.

And RSA 627:6 V which reads:

“A person authorized by law to maintain decorum or safety in a vessel, aircraft, vehicle, train or other carrier, in a hospital or other health care facility, or in a place where others are assembled may use non-deadly force when and to the extent that he or she reasonably believes it necessary for such purposes, but the person may use deadly force only when he or she reasonably believes it necessary to prevent death or serious bodily injury.”

(**UPDATE: July 26th, they doubled down on this argument.)

So… Deadly force? Okay. So are we okay with this?

It’s bad enough that indie journalists have been mostly demonetized on YouTube since late 2016, while bigger outlets like the New York Times steal our material and profit off of it, (notice my name in the credits) — but now the powers-that-be are making it clear that if you ask a real question of a candidate, you will be beaten and jailed, and there is nothing you can do about it. Recently, journalists like Ford Fischer have been making headlines for being demonetized, and deprived of their ability to make a living. While that is a big concern, they pulled the rug out on some of us years ago, and more draconian measures are being taken which severely limit the ability of non-corporate journalists to do their jobs.

The backstory is that I was roughed up at a Sept, 2015 Trump rally in Rochester. (Start at 22:48) Trump asked me to quote scripture. I paraphrased from memory: First Timothy 3, 1–7. “It is noble to seek the office of overseer, but he who does, should be above reproach, sober-minded, married only once, and not a lover of money.”

At a non-Trump rally at the Radisson Hotel in Manchester, (Oct 2015), there was some dead air during the Q&A, so I asked him if I he knew about me being roughed up at the Rochester Rally. He responded, “you look healthy to me.” Trump staff and Manchester Police didn’t take kindly to that — so, they grabbed me and threw me into a table, for the “crime” of asking a question. (Start at 24:25) It was NOT Trump’s event. It was a scheduled Q&A. I had applied for press credentials. After I was thrown around a little more, I was detained. And since they could dream up any crime which I had actually committed, they were forced to tell me I was “free to go.”

A little bit later, in a public park, (which was not a part of the Radisson Hotel), I spoke to Officer Allen Aldenberg and asked for charges to be brought against the officers who had attacked me, and Trump staffer Edward Deck, as well as the unnamed John Does involved. For making this request, the Manchester Police performed a retaliatory arrest, and I was forced to hire a lawyer to prove my innocence. After three years of searching for a lawyer to take my case, the only one I could find was a Republican… so in October, I sued the Trump Campaign and the Police (and others related) without an attorney.

So far, two judges have recused themselves, and I have spent thousands on private detectives and process servers to get people, entities and officials to take the paperwork. I have gotten the runaround from Manchester Mayor Joyce Craig, the Manchester Police, and Mr. Trump has had the US mail re-routed (a federal crime) in order to avoid being served in this lawsuit. This is what is known as “obstruction of process” which is obstruction of justice. I had to dig through nearly 4000 pages of emails from the Whitehouse dug up by American Oversight FOIAs in order to prove what Trump had done. After three years of trying to find a lawyer, then eight months of shenanigans with The Trump Organization, Inc, and Trump Organization, LLC, I filed a default judgment — and suddenly their lawyers made appearances at the court. Almost every word they have written to me or the court is a lie.

In order to successfully sue a police department, it is important to establish a policy of bad behavior and abuse — so I dug up internal documents via a MuckRock FOIA request. The City of Manchester did not file a motion to dismiss. They replied with an “answer.” Most of it was 30 pages filled with the phrase, “Manchester Defendants lack sufficient information to admit or deny the allegations.”

Here’s one of the more interesting points they made:

The Manchester Police admit:

There were at least 96 claims of rudeness/ conduct unbecoming (21 substantiated), 35 allegations of ineffective service (22 substantiated), 41 claims of unnecessary/ excessive force (2 substantiated), 62 allegations of Improper police action/ Improper conduct/ unlawful conduct (46 substantiated), and 56 claims of Neglect of Duty, (45 substantiated). Other claims of misconduct included (but is not limited to illegal activity, unlawful conduct, unlawful arrest, threatening behavior, Police Harassment, Untruthfulness, theft, evidence tampering, ineffective police service, and racial bias.

Again — these things are separate from my case, but they are mentioned in the lawsuit to establish custom, policy and practice. They just don’t like that I call it that. Notice, they’re also fine with the fact that four police officers got in a massive bar brawl at Strange Brew — they just don’t like me calling it “a bar brawl.” They don’t see the problem with Officer Steven Coco running over two pedestrians. Totally fine. They admit it happened — and admit that they have not properly trained its officers…but deny there is any pattern of abuse.

MY ALLEGATION:
164. Defendant City of Manchester violated Plaintiff’s civil rights because it has established and maintained policies, practices, and customs that resulted in the violations to the Plaintiff. Manchester Police Internal Affairs Investigation reports indicate a pattern of misconduct by Defendant City of Manchester. Based upon information and belief, this pattern of misconduct, (and sometimes unlawful behavior), is the result of custom, policy or practice. Of the documented years, available to the public, (2008–2017), there were at least 96 claims of rudeness/ conduct unbecoming (21 substantiated), 35 allegations of ineffective service (22 substantiated), 41 claims of unnecessary/ excessive force (2 substantiated), 62 allegations of Improper police action/ Improper conduct/ unlawful conduct (46 substantiated), and 56 claims of Neglect of Duty, (45 substantiated). Other claims of misconduct included (but is not limited to illegal activity, unlawful conduct, unlawful arrest, threatening behavior, Police Harassment, Untruthfulness, theft, evidence tampering, ineffective police service, and racial bias.

Defendant City of Manchester has permitted its subordinates to make retaliatory arrests as in the cases of Kean v Manchester and Valentin v Manchester. Defendant City of Manchester has permitted its subordinates to commit multiple acts of assault, and even hit-and-runs, indicating it has not properly trained its officers in protecting citizen’s civil rights. There was the 2010 bar brawl at Strange Brew, involving Officer Michael Buckley, Officer Jonathan Duchesne, Officer Matt Jajuga and Lt. Ernie Goodno. Officer Ryan Nardone was found guilty of assault in 2010. In 2013 Officer Steven Coco was found guilty of hitting two pedestrians with his Police SUV and leaving the scene. Manchester Officer Christian Horn was charged with felony assault in 2014. Officer William Soucy was charged with assault in 2013. Officer Nathan Robert Linstad was charged with assault in 2012.
SEE APPENDIX 4: POLICE TRACK RECORD, APPENDIX 5: RETALIATORY ARREST

THEIR RESPONSE:
164. Manchester Defendants deny the allegations in the first, second, and third sentences of the first paragraph of Paragraph 164. The fourth and fifth sentences of the first paragraph of Paragraph 164 cite to Manchester Police Internal Affairs Investigation reports which speak for themselves.
Manchester Defendants deny the allegations contained in the first two sentences of the second paragraph of Paragraph 164. Manchester Defendants admit that the incidents listed in the remainder of the paragraph took place, but deny Plaintiff’s characterization of the Strange Brew incident as a “bar brawl.”

Since the time of this incident, I have been twice arrested for my journalistic endeavors. I have been raided by the FBI, ICE and Homeland security. (Start at 37:50) Far right groups attempted to have me swatted, resulting in dozens of death threats and more visits from the FBI. I was falsely accused of having a bomb and detained at the inauguration for journalism. I was beaten and briefly kidnapped at Standing Rock, again for journalism. The worst part, is everyone will just keep watching the TV, and no one will bat an eye.

There will be more updates as the case develops. Check out new videos from the 2020 Primaries at YouTube.com/RodWebber.

Twitter: @RodWebber

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