The Constitution In Waco

June 10, 2015

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The Constitution In Waco

The First Amendment to the Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Waco Police Department and other police departments blatantly tried to prevent a peaceful assembly and public officials have slandered the attendees ever since.

The majority of the 176 people arrested after the Waco Massacre were arrested because they were wearing motorcycle club indicia, or insignia, and such insignia is a constitutionally protected form of expression – even in Texas. Current case law can be succinctly summarized as: “Implicit in the right to engage in activities protected by the First Amendment is a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends. This right is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas. Clothing identifying one’s association with an organization is generally considered expressive conduct entitled to First Amendment protection.”

The Fourth And Fifth

The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

One hundred and seventy-sex persons were seized by Waco and other police forces on May 17 and in virtually all of those cases the arresting officer had no idea who that person was or what he had done. In most cases the seized person had done nothing illegal.

The Fifth Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

All of the Waco arrestees were in fact charged with the capital crime of murder and to date not a single case has been presented to a grand jury. They have all been deprived of their liberty and their property. Numerous citizens who were not arrested have been deprived of their property and McClennan County, Texas has successively argued in the court of public opinion that it would unreasonably inconvenience the county and the state to allow this unknown number of people due process. Waco officials have also brazenly stated that defendants in the case were being held until “they cooperated.” The context of those public statements implies that “cooperate” means making statements the police want the defendants to make.

Six, Eight And Fourteen

The Sixth Amendment demands on behalf of the people that: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Numerous defendants have been denied the assistance of effective council. They have mostly been left to rot in jail and the charges against them are vague.

The Eighth Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

One hundred seventy-six people were arrested and held on bail of $1 million each. In order to meet that bail amount, each of the defendants would be required to pay a bail bondsman a fee of $100,000. So effectively, police were able to impose a punishment of a $100,000 fine by fiat. As of June 3, the average listing price of all homes in Waco was $170,181.

The Fourteenth Amendment, passed after the abolition of slavery, states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Officials in Waco have made it clear that the arrestees are being treated differently from other accused criminals because of their associations with fraternal, social and political organizations that are centered around recreational motorcycle riding. Waco has sent the message that bikers pose a greater danger to society than child molesters.


The Constitutional issues that resulted from public overreaction to the Waco Massacre trouble many Americans who are also outraged by the lethargy of those who advertise themselves as defenders of law and individual liberty. Mutliple lawyers from Dallas and Fort Worth have publically stated that they are not professionally interested in what is happening in Waco because the cases will not pay well and Waco is too far to drive.

The American Civil Liberties Union of Texas did not even react to this astounding crime against civil liberties until June 7 when Terri Burke who is the executive director of the Union issued a cowardly, 182 word press release which was more about “minorities” and roundups of undocumented immigrants than the bikers in Waco.

The ACLU did react a day faster than the National Coalition Of Motorcyclists. NCOM actually had the chutzpah to say it had “reserved its reaction waiting for Waco Authorities to sort through the details about what happened that tragic afternoon.” (Chutzpah is usually defined as killing your mother and father and then demanding mercy from the court because you’re an orphan.) NCOM announced it was “hiring a former Texas Ranger to learn the truth as to who was responsible for the violence at our Texas Region 1 COC&I meeting and expose the many violations of basic human rights of those arrested and who continue to be held.” NCOM seems unfazed by numerous anecdotes by eyewitnesses that strongly suggest that most of the dead and wounded were shot by Texas Rangers armed with machine guns.

The press response to the aftermath of the Waco Massacre has also been timid. Just today, 23 days after the arrests, the New York Times managed to choke out the words, “some of the men and women caught up in the largest mass arrest of bikers in recent decades believe the justice system broke down in Waco and officials delayed and mishandled their cases.”

It is a fatuous and sloppy think piece that substitutes generalizations for specifics and that is careful to give equal time to the local police propagandist. “’We don’t have a reaction to the opinion of people who we believe we have probable cause to arrest,’ said Sgt. W. Patrick Swanton, a spokesman for the Waco Police Department. ‘It’s commonplace for arrestees to complain about being arrested. Our investigation is ongoing and continuing, and the justice system is working in the way that it should.’”

The Times reporter, Manny Fernandez, also allows Swanton to lie that, “the autopsies of the nine dead were not yet complete and the investigation was continuing.”

Yo, Manny! Know how you can tell when Swanton is lying? His lips are moving.

Ernest Hemingway. who early in his writing career worked for newspapers in Kansas City and Toronto, once told George Plimpton, “The most essential gift for a good writer is a built-in, shockproof, shit detector.” It’s a shame that Hemmingway didn’t live to see Waco. The look on the old guy’s face would have been priceless.


62 Responses to “The Constitution In Waco”

  1. Wolfenlover Says:

    Grimey. USED to be

  2. Wolfenlover Says:

    It’s really starting to look like KANSAS is going to be a bastion for defense.
    They not only leave us out of the weather channel BS, so do the fuckin’ newsies.
    I have given invites to folk. UO ain’t established here. THIS may be the last
    bastion of freedom.Gotta get started SOON! CONTACT.
    Just sayin’

    RESPECTS Rebel & to the regulars

  3. Grimey Says:

    This used to be America right?

  4. Sieg Says:

    OS, the UK is NOT an isolated example. Sweden has been hit particularly badly by the mudslim raping White women phenomena. Get ready, it’s on the way. Only reason you haven’t heard about it before is that the Statist media don’t want it known. Or commented on.


  5. Jujube Says:

    SteveO: I’m a Joe Public who is interested in this. I don’t ride a bike. I’m a liberal Democrat (who likes Obama and doesn’t believe this is a federal plot against bikers). I’m a journalist so I’m very interested in First Amendment issues. I’ve also known a lot of bikers over the years and I don’t have a negative opinion of them. I don’t live in Texas. I’ve been reading everything since this happened.

    I fully expect the ACLU to get into this after the police decide who they are going to charge with what and after some of the cases are dismissed. We need to have patience and let the Waco PD/McLennan County justice system totally screw this up. So far, they are doing a really good job of that.

  6. Rebel Fan Says:

    We can preach to the choir (each other) about constitutional rights being violated and talk to each other about solutions. Or, we can attempt to get our voices heard by those who can demand solutions. There are a few different petitions out there on line but this one doesn’t pussy foot around the criminal acts of Leo at Waco.
    “Create an oversight committee above reproach. Investigate the loss of Civil Liberties and the possible criminal actions of the Waco PD during the May “Twin Peaks” mass arrest of American Law Abiding Citizens and the murder of a decorated war Veteran.”

  7. oldskewl Says:

    Stevo Says:
    June 11, 2015 at 5:34 am

    It’s the same here in the UK where muslims have been committing mass rape of white children while the law stood and watched and in some cases actively covered it up in the name of ‘social cohesion’. Tens of thousands of white children are victims.


    Stevo, after reading your post I had to do some searching…. low and behold your right!! In the UK, Pakistani men are raping white girls (by the thousands) and the government turns a blind eye for fear of being called racist.
    What in the holy fuck!!!
    I’ll take a Mexican and his family jumping the fucking fence over those slimy pieces of muslim shit any day of the week. In fact, here in the US, outside of Detroit we despise those cock suckers. They keep a low fucking profile here.

    For fuck sake!!! I wouldn’t last a hot minute in the UK, I’d go on a fucking killing spree and eliminate as many of those mother fuckers as possible.. like killing cock roaches, I wouldn’t have a second thought about it.
    I’ve never heard of this and can’t believe it’s not part of our news cycle here. When I googled it, 4,560,000 (that’s 4 Million!!) pages came up.
    I’m sickened and heart broken to think this is going on.

    Respects to you and yours


  8. Says:

    LBB, are you a member of Vice Grips? Has their lawyer released any statement as to what they heard or saw that day in Waco? For instance, did they see anyone shooting guns?

    The link is the last post made on

  9. Says:

    Bikers Rights My Ass, Not defending Lester, I do not know him. But in a act of fairness, I just called his law office and asked them for a response to accusations they were not representing bikers interests in Waco. They asked if I was a club member, I am not, then asked for a phone number which I gave them, then said someone would be calling me back.

    As soon as he or his office has a updated comment, response, I will post it here.

  10. Sieg Says:

    Paladin, found out I am on one of their “special handling” lists years ago, and again, during my last fed trial, there were unexplained “guests” in the courtroom for all my appearances. My shonskie tried to get names and affiliations, but was told that they were “representatives of a federal agency and as such would not divulge their names”. And it flew. Judge wouldn’t touch ’em.

    Well, when the time comes, see what I remember.


  11. Says:

    AVAGOVFFV, Yea, thats exactly what i read too. Readers who are not cops are not supposed to see comments but sometimes hot links will give you access. Did you catch the part where cops were hitting the like button on that comment? These motherfuckers think were a bunch of iraqis in falujua. Ive been seeing it down here where I’m at, guys who have never been overseas on a two way shooting range overcompensating on civilians.

    One cop getting shot sends them on the fucking warpath! Most likely it was some local mafia or cheating spouse crap, yet these guys are set to tee off on soccer moms and motorcycle daddy’s.


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