Federal Law Prohibits Conspiracy to to Prevent a Person from Exercising Rights

We live in a era when more and more people want to prevent Americans from exercising their right of free speech, their right to exercise their religion and other constitutional rights.  Federal law, i.e., 18 United States Code Section 241 provides:

“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both”

Federal law also provides that a person who is denied his or her rights may sue the people who are responsible for the denial.  42 United States Code Section 1985(3) states:

Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.”

Ousted Manager of Cave Creek Sues Town over Firing

Arizona Republic:  “A former Cave Creek town manager is suing the town over the manner in which he was fired from his position of more than 10 years.  Usama Abujbarah and his lawyer, Daniel Bonnett, filed a lawsuit in Maricopa County Superior Court last Wednesday, claiming that Cave Creek and its Town Council violated Arizona’s Open Meeting Law.”

President Obama on President’s Authority to Take Unilateral Military Action

In 2007 former constitutional law professor Barack Obama answered a question about the President’s authority to unilaterally cause the U.S. to take military action.

Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)

OBAMA:  The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

Obama was also asked about the ability of the federal government to conduct searches without a warrant.

Does the president have inherent powers under the Constitution to conduct surveillance for national security purposes without judicial warrants, regardless of federal statutes?

The Supreme Court has never held that the president has such powers. As president, I will follow existing law, and when it comes to U.S. citizens and residents, I will only authorize surveillance for national security purposes consistent with FISA and other federal statutes.

Income Tax Law Complicates Donations to Hotshot Families

Arizona Republic:  “Tax concerns could force the families of the 19 hotshots killed in the Yarnell Hill Fire to wait until next year to receive their share of $4.7million in donations collected in the wake of the tragedy.  Officials with two firefighters associations in Phoenix and Prescott, which have collected more in donations than any other groups, said Friday that they are worried the families could receive the cash only to be hit with a giant tax bill.”

Go to Top