Mongols Nation Case Goes On

July 13, 2016

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Mongols Nation Case Goes On

The Mongols Nation Case lurched back to life Monday.

In a gasping, mendacious, 44-page appeal Eileen M. Decker, the United States Attorney for the Central District of California – which is to say the federal district with jurisdiction over 22 million American citizens and some great number of alien residents in Southern and Central California including Los Angeles – sought to reverse a ruling by District Court Judge David O. Carter in September 2015 that prevented the incipient American police state from effectively ripping the patches off the backs of every motorcycle club member in America.

Sinister or very stupid, or maybe both, managers in the Department of Justice have been trying to reckon a way to outlaw the kinds of motorcycle clubs that wear patches cut into three pieces since October 2008. On October 21 of that year, then U.S. Attorney Thomas P. O’Brien – who soon resigned under a cloud of scandal and now grows rich defending white collar criminals – promised America that “if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.”

The Patch Did It

The supposed premise of this radical notion is that members of motorcycle clubs are more criminal than other Americans; that they are more criminal because they belong to motorcycle clubs; and that society may be saved from their criminality by banning the display of the insignia that identifies men, women and children as members or supporters of those clubs.

Or, maybe the idea is just to give the Mongols a really hard time.

American law enforcement officials have lobbied for and helped write laws that effectively ban membership in motorcycle clubs in Australia and in Europe. Federal law enforcement agencies have lobbied for “gang enhancement” laws in most states that mandate that members of motorcycle clubs who are found guilty of crimes be punished more severely than people who commit the same crimes but who are not members of motorcycle clubs. Federal police also encourage and bribe local police departments to intimidate hotel, restaurant and bar owners into banning motorcycle club patches from their premises. After the deadly brawl in the parking lot of the Twin Peaks restaurant in Waco, Texas, for example, the restaurant was blamed for the violence and driven out of business because it had tolerated motorcycle club members on its premises.

Ironically, the display of motorcycle club insignia is a form of constitutionally protected expression. The Christian Cross and the Star of David are also protected expressions. So is the Moslem Crescent, the hammer and sickle and the burning cross. Unless the display of a Mongols patch can somehow be “reasonably” construed as an “imminent threat” there is no legal way the government can forbid its display. So far, it is a free country. But there many powerful voices who argue that America will be much safer if it becomes just a little less free and if the police are less restrained by law and are given greater “freedom to do their jobs.”

Goodbye Reality

The government’s eight-year long fight over the Mongols insignia abandoned reality long ago.

Monday’s appeal to the Ninth Circuit Court begins: “The Mongols Outlaw Motorcycle Gang (‘Mongols Gang’) is a violent and highly structured criminal enterprise based in the Central District of California. In an audacious, novel move, a select group of the
Gang – so-called ‘full-patched’ members – federally registered two marks used by the gang to identify members and to terrorize enemies. In filings with the United States Patent and Trademark Office (‘USPTO’), these full-patched members identified themselves as an unincorporated association, defendant Mongol Nation. Mongol Nation has a distinct legal and practical role within the gang enterprise. It includes only a subset of the enterprise’s members and associates, it identifies itself as a separate entity, it registered and holds the gang’s intellectual property, and it controls use of the gang’s marks.”

And none of that paragraph is even remotely true. It is a knot of lies and it is tedious to deconstruct it let alone the rest of this motion. “The Mongols Outlaw Motorcycle Gang” is an epithet invented by policemen and prosecutors. It has never been proven to be “a violent and highly structured criminal enterprise.” “So-called ‘full-patched’ members” are not a “a select group of the Gang.” They constitute the membership of the club. The Mongols marks in question, the word mark “Mongols” and picture mark which depicts Genghis Khan sitting on a rigid framed Harley wearing bell bottom jeans and smoking a joint, are not trademarks in the usual sense. They are “collective membership marks” which are owned by members of the club collectively. There is nothing particularly “audacious” or “novel” about registering the marks. That’s why the United States Patent and Trademark Office exists.  Mongol Nation is a turn of phrase. Over the last eight years, using unlimited resources, the United State Department of Justice has never been able to prove that the Mongols Motorcycle Club is a “gang enterprise” let alone what part the turn of phrase “Mongols Nation” might play in its criminality.

Beat Goes On

The entire appeal goes on in that vein. It is a turgid document full of references to disparate cases that have nothing to do with the underlying issue, which is: Can a new exception be found in Constitutional law that would allow policemen to rip off people’s clothes?

Much of the appeal, after ten months of reconsideration, tries to refute the legal arguments raised in open court by Mongols’ attorneys Joe Yanny and Elliot Min last year. The appeal is full of specious assumptions. It describes every tree from the least obvious angle without mentioning the forest once.

It is a horror to consider what this appeal must have cost to produce. It is a horror to calculate how much the government has spent on this lost cause since 2005 when the federal investigation that was the foundation of this case began: At this point it must amount to at least $200 million. America is disgraced by this. The never ending crusade against the Mongols looks more and more every year like a self perpetuating boondoggle.

And there is no way to tell how the appeals court will see it.

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43 Responses to “Mongols Nation Case Goes On”

  1. SLED TRAMP Says:

    To my friends in Boyle Heights….
    Condolences to your community on the loss of 14-year-old Jesse James Romero.A tragedy all too common these days.
    Sled Tramp

  2. Lengoveia Says:

    Complete waste of time….feds could reduce their staff by 90% if it were not for frivolous lawsuits like this one…absolutely no chance of winning this suit, zero,none…..nothing but harassment,an job security for a bunch of useless Yahoos….

  3. 605 Reaper Says:

    Oh,oh here we go again.

  4. Mike 184 Says:

    I can help but theorize… there is a lot of odd, strange, nonsense going down on the East Coast. Is it possible that they feds are keeping this in the courts because of some fed law and using the patch?

    I am not talking about any one here (Especially the left coast that I dont know) and respect given where due, but there is a lot of strange CI, rat, gag order bullshit that has been seen this way as of late. It is a valid comment to the article.

  5. david Says:

    @ Christina; yeah, with this control-freak gov., it IS all about the control and beat down, of every individual doing what they want to do, for any reason, real or imagined, which the Fascists can dream up.

  6. Big Evil Says:

    Just more BS from an inflated BS government.

    SYLM – Save the Patch

  7. RVN69 Says:

    @J, Not sure about how things work in Cali, here in Georgia any homicide committed in the course of a felony is murder. How that would play out in court is that tha cops say Martinez fired from inside the house, causing a member of the SWAT team to accidentally shot the other cop therefore Martinez is responsible for his death. I think in the actual case they are claiming that Martinez actually miraculously shot the cop from the front in the back. WTF. The felony murder statute will likely be their fall back position.

    Lex Talionis

  8. Jonny Sumo Says:

    @RVN69 I’ve read about Mr Martinez on here, from what I read it looked like just what you described; an accidental discharge by one of the raiding party.
    My question would be; how can they charge the guy in his house with the killing? I know in the UK we had a famous case where a young man shot and killed a policeman but wasn’t executed due to his age at the time, but his accomplice who was actually under arrest when the shot was fired, was found guilty of murder and was hanged.
    Is this the same sort of thing? They’re accusing Mr Martinez because its ‘his fault’?…’His fault’ because someone’s fat fingers didn’t know how to work a shotgun?
    If that’s how it works then that really sucks…but I’ve read AGs books…I should know how the ‘law’ works…
    Peace, Love n respect, J

  9. Christina hepler Says:

    At this point I doubt it’s about the patch. I think it’s about hurting the club, 1%ers all together. I think the gov just want to feel like they’re in control. Who cares about the 1st amendment, and one’s right to express oneself, or supporting these guys (who many of em served) , it’s all about control. If they (the gov) , can’t control you then they get sand in their vagina, and try anyway they can to come at you.

  10. Bone Head Says:

    Point taken; I was in error.


  11. RVN69 Says:

    @Bone Head,
    I wasn’t clear in what I was trying to say. I know clubs exist for motorcycles and brotherhood, but in order to provide for their unjustly incarcerated brothers and their families they need money. Think of the case of David Martinez, accused of being a magician, who somehow acquired a police breaching round and from inside his house he managed to shoot a member of the swat team breaking in in the back of the head after the round, allegedly fired from the front passed 2 other cops, then did a u-turn and hit the third below his protective helmet. That defense takes money. Bankrupt the club, then harass it out of existence thru bullshit arrests until the members are all destitute, out of work, or in jail.

    Lex Talionis

  12. Bone Head Says:

    RVN69 Says:
    “The amount of money spent pursuing fantasies doesn’t bother the fed beast, they just confiscate more from us. If they can’t succeed in confiscating the Mongols colors, maybe they can succeed in bankrupting the club.”
    I’ll respectfully disagree. The clubs I’ve been in contact with are not financial institutions. They’re founded on an idea and love of motorcycles. Taking their clubhouses, land they might own would suck. If that was all there was to it, any club could be shut down easily.

    T’ain’t so…

  13. RVN69 Says:

    The extent the Feds are going to harassing the Mongols M/C and the fantasy claims they are making to support further court actions is a perfect example of what Rebel has described as the Sadistic State. The amount of money spent pursuing fantasies doesn’t bother the fed beast, they just confiscate more from us. If they can’t succeed in confiscating the Mongols colors, maybe they can succeed in bankrupting the club.

    Best wishes to the Mongols in their fight against this ongoing persecution.


    Lex Talionis

  14. Archer801 Says:

    America will be much safer if it becomes just a little less free and if the police are less restrained by law and are given greater “freedom to do their jobs.”

    Those are the words of every single tyrant who has every lived… Simple translation, give up your freedom so we (The State) can make you safe, and Freedom to do their jobs, translation get rid of the rule of law, starting with those who “enforce” it… millions have been slaughtered because they made the choice of a “loving Master” over that of being a free man, and looking what ever is coming at them strait in the eyes.

  15. Gandalf Says:

    I remember a saying, “You don’t find them, they find you.” I thought it came from one of my Italian friends long ago but I also heard it said about 1% Clubs here on AR.(I think) All I am saying is “I believe” that a Club is more than a Patch. The Denver Broncos are still The Denver Broncos even in a Eagles Jersey. Of course The Eagles are still the Iron Disorder of the NFL in any Jersey. (ie:”Posers”)LOL

  16. Elwood Green Says:

    “America will be much safer if it becomes just a little less free and if the police are less restrained by law and are given greater “freedom to do their jobs.”

    ^^ Did they just say this?? ^^

    “Anyone who would sacrifice liberty for security deserves neither!”

  17. Elwood Green Says:

    “America will be much safer if it becomes just a little less free and if the police are less restrained by law and are given greater “freedom to do their jobs.”

  18. AOA Nation Says:

    Maybe me and my buddies should start showing up to Quaker state bike nights so we can be real bikers. Respects to the Mongols, hope they win the fight that will affect all of us

  19. Gandalf Says:

    I’m not a smart man but I know this. A Patch doesn’t make the Man. The Man makes the Patch. No matter what team you are on. “Good for nothing. Posers. Make room for real men. Cheering for the “cuts” ..or homeless jackets to be taken away. All u got left then is boys on bikes.” Shows Stupidity and shows the “author” to be a person who thinks that the book cover is more important than the content. A person who might think that the IO Patch on His back makes HIM a “Man”. I was raised in SE Pa. in the 70-80s when Patches were everywhere. Now it’s rare that I see them in Pa. when I visit. I’m thinking those guys don’t need Patches to be “Men”. I’m thinking they know that. Only a real “poser” might think a Patch makes Him a “Man”. If I had a patch I would be proud of it and I respect those who do because I know they worked for it. I “fear” no Patch but respect the guys under them.
    NoneUneed2know obviously thinks that without the Patch Y’all won’t stomp Him for talking smack in a bar… LOL Good Luck with that Dude.

  20. Mr. Robot Says:

    @ NoneUneed2know

    I see you Steve Cook.

  21. IronRider Says:

    @ NoneUneed2know

    Awww did you get kicked out of the Urine Order and are upset cause they made you give back your iron on patch set?

    Now, now don’t be all upset, I am sure if you wash enough patrol cars and kiss some ass that the Urine Order boys will take you back. You run along now and watch those COPS re-run you like so much.

  22. Phuquehed Says:

    Seems somebody lost his OL to a patched biker. What a fucking pussy. STFU, NoneU, you’re polluting the planets good air.

  23. Nihilist Says:

    Somebody wants attention!

  24. Paladin Says:

    @ NoneUneed2know,

    Please report back when and if you ever come across any “REAL BIKERS”.


  25. Bone Head Says:

    Say,NoneUneed2know…why do I have a mental image of you holding your breath and turning blue while jumping up and down in your mom’s basement?

  26. Brenton Says:

    What a fucking waste of tax payer funds. Meanwhile, Clinton gets off with shit that should have her ass charged and not eligible to run for office.

  27. Jackie Treehorn Says:

    The White House on Friday projected the federal government’s budget deficit will reach $600 billion by the end of the year, growing about $162 billion from 2015.

  28. NoneUneed2know Says:

    Hope the mongoloids get dealt with. Hope ALL 1%ersd and their little asskissing bitches and bitch-clubs get dealt with. They have long enough abused americans and have long enough sold drugs and intimidated (or tried to) other REAL BIKERS. Scum like these 1% criminals and their fanboys needs to leave these United States. They are all anti-american scumbags. Good for nothing. Posers. Make room for real men. Cheering for the “cuts” ..or homeless jackets to be taken away. All u got left then is boys on bikes.

  29. James Says:

    Well, the government spent $12 million busting, (and I say that loosley cuz of the way they set him up), Tommy Chong shipping bongs to a state where they were illegal and after all the time and money he only did 9 months. I don’t want to go into all the details of his arrest but if you got time you should look up the way they set him up and try to figure out how it cost $12 million and then figure out if it was really worth all the $$ and effort just to put em away for less than a year. After all that it became painfully clear to me more than ever that our government knows no bounds when it comes to spending money and trying to skrew people over.

  30. IronRider Says:

    Seriously how much money has the US DOJ spent already trying to get a ‘win” on this? Talk about beating a dead horse, this would fit that.

    Really this just smacks of desperation. The only way the US DOJ gets a win here is if they do some judge shopping and get a hearing in front of a judge who will give them a decision based on want and not the rule of law.

  31. Phuquehed Says:

    Hey, Eileen M. Decker…fuck off and step off a curb into fast-moving oncoming traffic, you stupid, useless, air-wasting, Stalin-wannabe cunt.

  32. Steel Says:

    For US attorneys who are supposed to uphold the Constitution, they put a lot of effort in trashing the first amendment. Our nation is being taken over piece by piece by totalitarian leftists that want to control our lives and this case is an example of that. A waste of taxpayer money too.



  33. Shyster Says:

    Stupid Federal Fucken N words man. Stupid Federal Fucken N words.


  34. Mercyful Fate Says:

    Dear Ms. Decker,


  35. Paladin Says:

    david said:
    July 13, 2016 at 5:12 pm

    “U.S. attorney Decker, as well as many other office-holders, is obsessed with “law and order”, and is a supporter of a strong po-Lice force to keep law and order. Possibly has some religious convictions to support her obsession.”


    This case has absolutely nothing to do with law and order and has everything to do with the federal government trying to fashion an end run around the First Amendment of this Country’s constitution. Unfortunately, the retarded children that make up the majority of this Country’s citizenry are too obsessed with their Pokemon Go to be concerned with much of anything else.

    Long May You Ride,


  36. david Says:

    U.S. attorney Decker, as well as many other office-holders, is obsessed with “law and order”, and is a supporter of a strong po-Lice force to keep law and order. Possibly has some religious convictions to support her obsession.

    Individuals comprising clubs will never be absorbed into the organic whole which is the State. Fascism is a totalitarian type of government which glorifies the state and nation, CONTROLS every aspect of national life, and SEEKS to subject the individual to total governmental control.

    For this reason, the Fascist pricks like Decker, never stop their calculated bull-shit.

  37. Jackie Treehorn Says:

    $200 MILLION MOTHERFUCKING DOLLARS!! Eileen M. Decker you evil fucking bitch!

  38. Punisher Keeper Says:

    All in the name of power and control…..

  39. ipsick Says:

    You still can’t wear an American flag shirt to high school on Cinco de Mayo for fear of offending the Mexicans here in The Peoples Republic of California.

    I have a sticker on my helmet that reads, “Leave me the Fuck alone”…..why can’t they?

  40. Whitepride Says:

    It turns my fucking stomach that these cocksuckers are wasting my hard earned tax money on this bullshit! Take the money and spend it on something useful like taking care of our veterans!

  41. panamaa Says:


    I concur…


  42. Meh Says:

    If in the unlikely event the case goes wrong there’s an old football solution:

    Modern shirt printers can print a shirt in under two minutes, so there would be no bulk supply to confiscate.

    The lawyers here can weigh in on Constitutional protections of garments used as protected acts of political protest. If a garment has a tiny header reading something like “Free the” with the Mongols patch as the subject does that become protected speech? If not what wording would be unassailable?

    This kid did his civic duty and created a precedent:

  43. Nihilist Says:

    I’ll take Mongols and their clubhouse in my neighborhood any day over Christians (or any other persons of faith) and a church.

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