Mongols Win Tyranny Loses

February 28, 2019

All Posts, News

Mongols Win Tyranny Loses

This morning at 9 a.m. Pacific district judge David O. Carter denied a preliminary order of forfeiture that was transparently intended to turn the Mongols Motorcycle Club’s various indicators of membership, or club only patches and tattoos, into contraband.

The government has been pursuing this cause through two major criminal cases and a civil case spanning more than ten years. In October 2008 Thomas P. O’Brien, who was then United States Attorney for the Central District of California, gloated about the first of those cases:

“In addition to pursuing the criminal charges set forth in the indictment, for the first time ever, we are seeking to forfeit the intellectual property of a gang. The name ‘Mongols,’ which is part of the gang’s ‘patch’ that members wear on their motorcycle jackets, was trademarked by the gang. The indictment alleges that this trademark is subject to forfeiture. We have filed papers seeking a court order that will prevent gang members from using or displaying the name ‘Mongols.’ If the court grants our request for this order, then 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.”

Mongol Problem

And, for the next seven months local and federal policemen did that and more. They broke into cars to seize patches that said “MFFM,” for “Mongols Forever Forever Mongols.” They raided bike rallys to seize Mongols tee-shirts. They used Swat to execute search warrants on people’s homes in search of Mongols calendars, posters, bandannas and coffee mugs.

A federal judge named Florence Marie Cooper put a stop to that but the prosecutors running the government’s case, Steven Welk and Christopher Brunwin refused to give up the notions that: First, there is a “motorcycle gang problem;” and second, that the motorcycle gang problem may be solved by outlawing motorcycle gang symbols.

Eventually the crusade to end the “motorcycle gang problem,” or at least the “Mongol problem,” became a federal racketeering case titled United States versus Mongol Nation: An Unincorporated Association.
It was always a ridiculous case. It was the child of a conspiracy to solve the Mongol problem between the prosecutors at play today, Welk and Brunwin and a mortifying district judge named Otis Dalino Wright II. Wright is an ex-Sheriff who saw his duty as helping Welk and Brunwin solve the Mongol problem. Mongol Nation was his idea. He quit the case because he was afraid that if he did not remove himself from Mongol Nation he would end up being publicly shamed for his despicable conduct of it.

Indicia

That was how the case wound up in Carter’s court.

Today Carter put a stop to the final solution to the motorcycle gang problem.

What the government has always hoped to accomplish has been to rip symbols off people’s backs. To break into people cars to confiscate contraband symbols. To raid the homes of “known Mongols” in the middle of the night, to kill their pets, terrorize their children, bully their wives and parents, steal their cash, smash their momentos, confiscate their electronics and blow their houses off their foundations – all under the pretense of searching for contraband symbols.

Brunwin and Welk have denied this. They have denied it to Carter. Neither Brunwin nor Welk have told the truth in any of these cases in the last decade. They have lied repeatedly in Carter’s court and there seems to be some possibility that he has noticed.

Near the beginning of the 51-page ruling he released this morning, Carter wrote:

“For more than a decade the United States has expended resources in seeking forfeiture of the Mongol Nation’s collective membership marks. Why? It is beyond question that the Government has a legitimate interest in attacking the economic roots of a criminal organization like the Mongol Nation. But what does the United States accomplish by seizing control of the intellectual property associated with a motorcycle club’s symbols? The Government’s own prior admissions shed light on the objectives underlying more than ten years of these effort: The collective membership marks are ‘potent emblems’ use to ‘generate fear among the general public’ and the Government has sought orders to prevent use of ‘the trademark to create an atmosphere of fear through public display.’ The Government has stated publicly that it has sought to ‘stop a gang member and literally take a jacket right off his back.’ The Government is not merely seeking forfeiture of a ship’s sails. In this prosecution the United States is attempting to use RICO to change the meaning of a ship’s flag”

“Now that preliminary order of forfeiture is before the Court, the Government contends that its request is limited; the Government argues at length about what the requested preliminary order of forfeiture does not authorize.”

“But the First Amendment ‘protects against the Government; it does not leave us at the mercy or noblesse oblige’ or any promise to use power ‘responsibly.’”

Trusting The ATF

“The Government has included language in its proposed POF stating that the order ‘standing alone’ does not authorize seizure of property bearing symbols and that the Government ‘shall not apply to any Court (other than this Court) requesting seizure or enforcement authority based upon this Order.’ This is not enough to remedy the chilling effect the forced transfer of a symbol to the United States government has on Mongol Nation, its members and society at large. The Government has not been forthright with the Court and the public regarding whether the United States can feasibly use the Mongol Nation’s collective membership marks or transfer the marks to a third party for their exclusive use. These statements to the Court have been accompanied by public threats made by the United States Attorney regarding the Government’s intention to strip vests off members’ backs. More recently, the special agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Los Angeles Field Division, stated that the Government has successfully seized a ‘unity symbol.” Because the forced transfer of symbols to the United States immediately chills the Mongol Nation’s and its members’ continued rights to display or otherwise use the collective membership marks without fear of retaliation or payment of a licensing fee at any point following forfeiture, the forced transfer of the collective membership marks to the United States violates the First Amendment.”

“The Government’s request also violated the Eighth Amendment’s Excessive Fines Clause and must be denied on this basis alone. The Mongol Nation is a convicted criminal entity, and its members have pleaded guilty to heinous acts of murder, attempted murder, drug trafficking and other crimes. But in this case the jury found the Government did not prove the requisite nexus between the collective membership marks and the substantive RICO offense; the jury found the collective membership marks fofeitable as to RICO conspiracy alone. The forfeiture of rights associated with a symbol that has been in continuous use by an organization since 1969 is unjustified and grossly disproportionate to the offense.”

Yanny

After Carter made his ruling, Mongols attorney Joe Yanny said, “It’s been a long hard road and this is a major victory for motorcycle clubs.”

“The case was a product of the brains of some government employees who were trying to justify their existences and shows not just a complete lack of understanding of the intellectual property laws but a complete ignorance of and disregard for the Constitution and the rights of citizens.”

“We can only hope the government gets the message that they don’t have free reign to spend tens of millions of taxpayer dollars to abuse people they don’t like or don’t understand.”

At first glance, it does not seem likely that Brunwin and Welk will appeal Carter’s order. The appeal would go to the Ninth Circuit which has already ruled, in a case titled Sammartano v. First Judicial District Court, in and for the County of Carson City, that symbols like the Mongols are Constitutionally protected expression.

And, their appeal would have to be approved by the Solicitor General of the United States. It would probably boil down to a political decision. The current Solicitor General is Noel Francisco. He was appointed by President Trump after his Washington law firm, Jones Day, worked on behalf of the Trump campaign. It is anybody’s guess how much political capital may still be made by waving the motorcycle menace in the public’s faces.

Probably, the government’s long crusade to strip motorcycle clubs of their symbols is finally over.

Share

44 Responses to “Mongols Win Tyranny Loses”

  1. commonsense Says:

    I would like to here judge Napolitano’s take on this. I have read all his books and he is a full on constitutional lawyer.No left or right politics….he has a great book out on explaining the bill of rights.

  2. white witch Says:

    @ Gandalf Man you are something. Trump has appointed 2 supreme court judges who will probably affect your life, if not now, in the future.
    Then again maybe not since you probably have no life outside of the basement.
    The Mongols won a battle but it is going to be a long war ahead. The feds do not like to lose and will not give up.

    ride free
    white witch

  3. david Says:

    @ Miller, If the Bill of Rights is a “slippery slope”,instead of bedrock protection of inalienable rights, why did reps from the 13 original states REFUSE to ratify the Constitution, UNLESS the Bill Of Rights was included?

  4. Dave Miller Says:

    Paladins words are wise as always. Beware the slippery slope that is the Constitution, it was originally written for us, but is often reversed as need be to come at us. Be vigilant or pay the price.

    Respect to all

  5. Paladin Says:

    @ DVOUS;

    The truth takes no sides.

    Paladin

  6. Penguin Says:

    @ David. I agree. It does indeed. Judges, Cops…and of course every judge and cop is sworn to the USC – I had not noticed that this effects their behavior… Mumia has not noticed either. Nor had Darrow (see my previous).

    However this does not change the objective reality – as we see ourselves, and as the non-canonical but factual history of British meddling inside the US, which continues today sub-rosa. Essentially after the Brits lost the war of 1812, they went underground curating an “Atlanticist” 5th column. Like I said, if you knew more about it… Somebody once said that what’s new is the history you don’t know (yet). The US “civil war” was largely a product of Brit efforts, as was the murder of Lincoln. (Lincoln was chartering ship to repatriate the Negro slaves – and that had to be prevented, divide to rule is a British standard, it worked. Look.

    Bush 41 was an Atlanticist, (JFK was not) so were Dulles and Dean Acheson. NATO itself is a manifestation of deep Atlanticist power. Not, mind you, that the ordinary Brit or Yank benefits, rather the other way… Look Acheson up. Read his bios, and read “The Devil’s Chessboard, for starters.

  7. DVOUS Says:

    Paladin, you’re a wet fucking blanket.

  8. david Says:

    @ Penquin, Art. 6, U.S. Constitution (1787), binds every judge to the inalienable rights protections inherent in the Bill of Rights.

  9. Penguin Says:

    @ David. If you knew more about it you would have another view. The objective reality does not align with the comfortable fairy-tales of the several States under the thumb of Atlanticists. Essentially nothing is as people believe.

    They believe what they feel comfortable with.

    https://www.youtube.com/watch?v=np_ylvc8Zj8&feature=youtu.be

    Even matters like the Lincoln assassination, and FDR’s, were without doubt, curated by British finance.

    “up to half of global offshore wealth is hidden in British jurisdictions and Britain and its dependencies are the largest global players in the world of international finance.” (have you noticed how the US is being looted?)

  10. Gandalf Says:

    You “regulars” are funny… “Special” Fake (IMHO). It must be difficult to be so weak and afraid in real life to resort to Cyber Fronting.

  11. Paladin Says:

    @ David;

    I guess that’s going to have to be your little secret.

    Paladin

  12. david Says:

    @ Paladin, Mar.3rd.:

    If, money(British monopolistic wealth), and time(7 years of underpaid,cold and underclothed, and smaller in number colonists, fighting against the British Army),
    were the determining factors of who wins a contest, we would still be singing “God Save The Queen” when she comes over for a visit.

  13. david Says:

    @ Gandalf: Carter as the dutiful public servant he is, APPLIED the Bill Of Rights, with it’s protection of Creator granted unalienable rights, to the case before him.

    Liberal or conservative sentiments being irrelevant to the application of constitutional law to the instant case. He not only applied the law to the case, he recognized it, and then did what every other public servant is required to do.

    If the framers of the Bill of Rights were here today, would love to hear what they say to you when you tell THEM, there is no law.

  14. freebird Says:

    One could almost say the Govt is guilty of attempted murder by paper cuts….

  15. panamaa Says:

    Lmao….Phuquehed, always a pleasure to read your point of view injected onto the comments……

    Regards….

  16. Penguin Says:

    Paladin and I seem to agree. I am surprised when a cop and I agree, that said, it’s not new – the club perhaps won a brief stalemate at considerable expense, that’s a loss in the strategic arena…

    Here’s a bit Clarence Darrow said, and a url from jail..”…The laws are really organized for the protection of the men who rule the world. They were never organized or enforced for justice. We have no system for doing justice. Not the slightest in the world.” https://www.globalresearch.ca/mumias-speech-to-yale-rebel-law-students-conference/5670343

  17. Paladin Says:

    It is true that the Mongols won in court the other day. The other truth is that the Mongols’ victory was hollow. The feds knew from the very beginning that the First Amendment would protect the Mongols’ marks. There is an abundance of case law that supports the fact that First Amendment protections extend to service marks, trademarks as well as identity marks. The feds didn’t and still don’t care. The cost of this case didn’t come out of the DOJs budget. This case was pursued and if appealed will continue to be pursued at the taxpayers’ expense. The feds real goal from the very beginning was to financially hurt the Mongols. Unless Yanny and Stubbs were or are working pro bono, the feds have succeeded.

    The feds aren’t going to pay the Mongols’ legal fees. No one is going to lose their job, be demoted or re-assigned because the prosecution wasn’t successful in taking the Mongols’ marks. The reality is that it was just another day in the lives of federal prosecutors. Money and especially time are always on the side of the “house”. To illustrate my point, below is a conversation I had with a former client that is a motorcycle enthusiast. And yes; I have posted what follows in a prior thread.

    As we left the courthouse, our client turned to me and exclaimed, “We beat those fuckers!” I replied, “You won the hand you played. You beat no one.” He looked at me and asked, “What are you talking about?” It was then that I told him the following story.

    A salesman was traveling a country road when he happened upon a farmer in the front yard of his home. The farmer was slowly walking around a huge apple tree with a pig under each arm, allowing the pigs to eat the apples off the tree.

    After watching this for a few minutes, the thoughtful salesman said to the farmer, “If you were to shake the tree, the apples would fall to the ground. Then, the pigs could eat the apples whenever they wanted. It would save a lot of time.” The farmer looked at the salesman, smiled then said, “Shit son, time don’t mean nothin’ to the pigs.”

    Paladin

  18. Phuquehed Says:

    STFU Gandalf you ‘tard. You’re one of those dolts who could fuck up a wet dream.

  19. Gandalf Says:

    Judge David O Carter was appointed by Bill Clinton and considered a “Libtard”. I always find it curious why some people hate the very ones who make rulings that effect them. As an example I know a guy who spent 35+ years in prison and was set free by a Liberal SCOTUS…. Dude gets out and hates Libs. Had that SCOTUS not been made liberal by Obama this guy would STILL be in Prison. People are just strange thinkers… I can assure you if Trump passed a law or appointed a Judge that directly impacted my life I would support him 100%. I fully believe if Mr. Trump could deflect from (or end) his troubles by hanging 1%ers on every light pole he would. R’s support “Law and Order” by any means necessary. Unless it’s them on the block. 1%ers reject “Law and Order” by definition. (Example) The Egyptian (16) is arrested for Witness Tampering but the Congressman isn’t. Imagine if Mr. Pike tweeted every day of his trial “Witch Hunt” and slammed the FBI and Prosecutors at every turn… “They” would have shut down his “Free Speech” in 1 second. “Good vs Bad” is all there is and “They” decide who is who. There are no rules (Laws) in reality… so why bother following any.

  20. Meh Says:

    Superb defense of the First Amendment by people neither political party will ever give credit! Victory under adverse circumstances is truly earned.

    The prosecution get paid win or lose so expect perpetual appeals, but all that will do is reinforce the free speech rights of patch holders and everyone else.

    There seems no limit on what the blue gang will do to set up bikers. Somehow this cretin got caught. Then imagine a sane motive (I can’t) for doing what he’s charged with were it not backed up by others.

    “Marinelli allegedly made the so-called “ghost guns” without serial numbers at his Ulster County home and delivered them to motorcycle gangs in his marked police car.”

    https://newyork.cbslocal.com/2019/03/01/department-of-environmental-protection-police-handmade-guns/

  21. stroker Says:

    Thanks to Yanny and Judge Carter. Thanks to the Mongols for staying the course on this one, and not rolling over. Thanks to all those who wrote in here, and on other forums with their opinions, especially as Judge Carter asked for them.
    But most of all, thanks to our very own Donald Davis, who spend un-told hours of research, wrote volumes of candid news and observations, and spend his own time and money going to court, and being on the stand. We love ya Rebel……so from all us crumby bikers everywhere, Thank You from the bottom of our grease-encrusted hearts.

    CTL

  22. BigV Says:

    The 1%er World is the 1%er. It ain’t perfect by no means. No club of patches is perfect.

    The Mongols Motorcycle Club, Mongol Lil’ Dave 1%er, the Right and Honorable Jurist Joe Yanny, and Donald Charles “Rebel” Davis: you’re fucking legends.

    I will say one more thing Judge David O. Carter will find repugnant but no illegal: I would draw near sexual pleasure at seeing the tantrums and faces of Brunwin, Welk, and their little team of asshole law clerks after they got back to the office and lost their shit. Cause you know what ? They did. To have been the fly on the wall.

  23. jj solari Says:

    gee, this case has been financing bureaucrat house payments for ten years. NOW what will they do.

  24. TX_Biker Says:

    Good news for a change! Now let’s put aside our differences and continue the fight, together we can do more than separately.

  25. david Says:

    Carter’s statement shows his complete comprehension of the Constitution(Bill Of Rights) being negative AGAINST the gov. It’s prohibitive, and negative. The Bill of Rights, by LAW, states what pin-head gov. agents CANNOT, do. Notice, many g-men are always stating to the public, “it’s the law”, when in fact they don’t know what the fuck “the law”, IS.

    “But the First Amendment protects against the government.”

    And Yanny, on the brainlessness of the prosecutors was great. Ignorant, and clueless.

    Congrats to the Mongols.

  26. Phuquehed Says:

    Hot damn this is good news! Let’s hope this time it actually is the baseball bat to the head of those two fucktarded communists Welk and Brunwin, to tell them to do their jobs properly and quit being the fucking cunts they are and the corrupt shit-stains they’ve been.

    Thanks to Rebel for keeping up on all this and his time on the stand and everything he’s done.

    Thanks to the Mongols for fighting this and not giving up and for the lawyers who fought for the Mongols. You guys all deserve to have one fuck of a big party now!

  27. Gooch Says:

    Is that a gleaming light at the end of the tunnel, or just a freight train coming our way.

  28. scorpion Says:

    that was a well deserved victory for all motorcycle clubs !!!!

  29. Stevo Says:

    A win is a win. Thanks for the part you played Don.

    Stevo

  30. Trebor Says:

    As the Mongols Motorcycle club has proven,Freedom aint Free.The battles not over but neither is the fortitude of those who continue to fight for their rights as Proud Americans.

  31. Big,Ugly Mother Says:

    Before we pat ourselves on the back for escaping another threat to our freedom, let us honor our brothers who are dead or in prison because of their desire to be free to fly a patch, to be a brother and to feel the wind in our face.
    Remember, we get what we vote for.

  32. Big Bry Says:

    Congrats to the Mongols. It may have taken a long time, but at least Judge Carter finally got it right. Although I expect an appeal, the odds are that the decision will be affirmed.

  33. Kato Says:

    Yay! The government can’t confiscate an mc’s patch. For now. One and only one, judge has said that the first and fourteenth amendments protect the Mongols. The fact that our government thinks that it is ok to do that is what’s really scary. I have told folks for years that the threat to bikers is from faux conservatives and law enforcement and yet so many bikers support these tiny tyrants because their favorite colors are red white and blue. When ms 13 and ghetto gangsters are are no longer a useful distraction for the masses, guess who will become public enemy number one? Will it be all the corrupt politicians who will say and do anything to get elected? Will it be the the school yard bullies with badges we pay to protect us by taking our bikes, our money or anything they else they want? Or maybe those guys who say they are brothers and swear loyalty to each other instead of to a government that is trying to eradicate this menace to society?
    It will be the kids, now grown up, who our parents wouldn’t let us play with because they were “troublemakers”.
    And now to show the world that the government of the people, by the people, has really become a marketing slogan, all SWAT teams will wear leather vests with the patches of clubs they have conquered prominently displayed.

  34. Penguin Says:

    They may have lost a battle, but they’re still there. No traitor to the constitution lost his job or his pension, or the budget for busting clubs. This particular game ended, but does not end the Policy of liquidating the clubs, what’s next? (5th generation copwar, manipulate the pliable public mind)

    Tongue in cheek…

    Cop looking serious on TV: “Outlaw 1% clubs carry the deadly chemical agent dihydrogenoxide. Thousands of children die every year year from dihydrogenoxide exposure…” (bake and repeat with lurid video of limp blond kiddies in the arms of scary patch-holders and scooters, while ominous tones of organ music sounds raise audience tension – ete etc etc…)

    The point being that bs comes in in several forms. And the audience is credulous and technically ignorant. Essentially they’re “marks”.

    A lawyer/judge I once knew went to cop radar school – and learned, he said that they taught them to ignore cop radar returns from motorcycles. I did some reading on cop electronics and cop radars, just from curiosity.

    (yeah, off topic, but some may enjoy this stuff, I did)>

    https://www.wb6nvh.com/CHP2001.htm
    http://www.wb6nvh.com/CHPcycle.htm (cool old bikes and well-nourished cops)
    cop radar > https://radartest.com/DriversGuideToRadar_Ch2_draft_reduced.pdf

    (I was looking for the CA CHP radarschool syllabus…which I didn’t find.)

  35. RLG Says:

    Holy shit, civil rights in America!

    (ps this was posted through a vpn)

  36. SlickBack Civilian Says:

    Congratulations to the Nation as well..I always thought the gummim’t was trying to spend the Mongols into oblivion.

    Thank [insert deity here] there’s a tiny piece of ‘fuck you’ left in this digital, monitored, sterile, shallow insane world.

  37. Not Surprised Says:

    My guess is the gov’t will not appeal. Ninth Circuit is a goat rope.

  38. Old & Jaded Says:

    It’s refreshing to read about a truly independent jurist that objectively analyzes facts and reaches a logical legal conclusion. In addition to the tattoo confiscation issue, what would have been done if post confiscation, a club just changed their name/patch ever so slightly? Go through all of this again? A bad idea from the gate and a long term Waco-style waste of tax payer money. Hopefully this nonsense is now over. Thanks Rebel for attending this trial and the hard work you did preparing these articles.

  39. Paladin Says:

    judge Carter stated in part of his ruling: “And what does the government plan to do with the tattoos of the (Mongols’ insignia and patch) on members’ backs, arms and other body parts? …”

    I had raised this same question at the outset of this fiasco.

    Paladin

  40. freebird Says:

    Welk will land on his feet and keep that job security gig he has going on

    There is always Operation Co2

    These gangs are producing dangerous levels of Carbon Dioxide and we must protect the general public from this emerging threat to the ice cap at the North Pole…..

  41. Dinosaur Says:

    Fuck yes!!!!! Congratulations to the Mongol brotherhood!!!!! And thank you for fighting for all the 1% clubs

  42. Backwards Bob1%er Says:

    Lets hope this ends it.But bein a skeptic

  43. Bird Dog Mutt Says:

    WHAT DID I TALL’YA I KNEW IN MY HEART WE WOULD WIN THE JUDGE GOT IT RIGHT! MONGOL ON

  44. JMacK Says:

    Congratulations Mongols. And America. There is some form of intelligence in the justice system somewhere.

    Respects
    JMacK

Leave a Reply