Category Archives: MAGA hate crime

Attack of the Clones

As seen on Whatfinger.com

In the absence of reliable sources I have decided to add a humorous video from Whatfinger.com

This 13 minute video will leave you laughing and cheering if you are a Conservative.

If you are a Liberal…

your head will explode.


~ Traildust

Better than Drudge Report. Check out Whatfinger News, the Internet’s conservative frontpage founded by ex-military!

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George Floyd. 3 Minutes of resisting arrest. The video Fake News didn’t want you to see?

 

Video footage the MSM fake news conveniently kept out of their “breaking news story” has surfaced  of George Floyd resisting arrest for around three minutes .

Would this have stopped the riots? No. Fake news had made their minds up.  They were going do their part at destroying the country.  They were sticking to the plan.

*”One of the most obvious ways to tell I’f a event could be faked is paying attention to the news release. It’s  a dead giveaway when you see all the networks releasing the same exact story, at the same time.”

This video just adds to the long list  of events that fake news got caught at “faking news”.

There you have it.  Floyd did indeed resist arrest.  The entire fake news complex lied to you, again.  They specifically said Floyd didn’t resist arrest.

This is just another example why I quit believing everything the news media puts out..  Some might think that’s a little extreme.  No. It’s  the only logical, smart solution.  The days of me saying “they lie sometimes but usually they are pretty honest”  were gone long ago.  If you say you can tell the difference simply by using your best judgement, all you are really doing is selecting what you feel comfortable with. That does not make it true.

People saw the video.  They saw Floyd die.. Somebody mentioned in the comment section in a prior post of mine.  Something along the lines that “it’s  going to take more than different time stamps to change my mind”.

Five simple points, out of many.

  1. MSM lies all the time
  2. “Floyd is dead because the video shows it.”  Yes, the video looks like someone got killed or died of something. .. I get it, you’re convinced.  Now go turn on your TV or watch your favorite movie on the internet.   Why do you watch what you are watching?  It’s because the character’s seem real.  A block buster movie only becomes a hit if the movie is good.  This requires the actors  being skilled enough to convince you the roles the play are real..  Seeing is no longer believing.   If you believe Floyd is dead because it was captured on video, then you have to believe everything in all movies/videos  are true.
  3. If we wanted to use a video deposition in court, most states require the date/time to be burned into the video at the time of recording.  If the date is off/time is off, they cannot be used in court.  All the videos  times were different..  Floyd videos should not be legit evidence in court.  *Time/ date can be faked in any video.  Even when time of recording is hurned into video.
  4. To convict, there cannot be a reasonable doubt.   Time/date or  anything  else that’s  seemd wrong with this event causes reasonable doubt.  Innocent until proven guilty.
  5. Reliability of source of video.

I use the MSM as leads.  Then I investigate the story myself. But to each their own.

Fake ot not , some have come out ahead because of Floyd’s death.

  • Floyd family got millions in donations. Fame and fortune.
  • Black LIves Matter seemed to grow in numbers.  They assaulted and killed police officers which continues at this very moment.  They ignore   black on black deaths., or any other death in the black community..  They’ve actually got people giving in to their demands..  Some are actually kneeling for them, because BLM expects it.  .  Yes, they have been successful proving racism and bigotry exist in America.  BlM being perhaps the most openly racist group to ever exist in America..
  • Let’s not forget the 35 million and more BLM has received  in donations..  Unfortunate for them,  the people handling their money, the Minnesota Freedom Fund (MFF) has only spent  $200,000 of the money on bail money for protesters.  They haven’t  said where the rest of the money went.  MFF deleted the board members(which are almost all white) page on their site and they quit accepting donations.  They already admitted on Twitter that ” the donations are turned over to ACTBLUE.  ACTBLUE then give it to the democrats”.  That’s  because ACTBLUE is part of the Democrat party. Looks like the democrats hustled BLM.  Watch, BLM will still support democrats. Ok
  • Democrats have shown how much they love their voter base by allowing out of town rioters to destroy their cities, their  businesses, get assaulted, killed and have their whole lives destoyed.
  • Biden says Floyd is more important than MLK.
  • Science makes discovery that protesting will keep you safe from getting covid19 but attending church, working, etc, increases your chance to get the virus.
  • The first time in history that a transperson parent got to fight alongside their transchildren and transhgrandkids with their trans dog and trans bird. Take over American soil.  They did this through violence and   declared their own country.  Perhaps the #1 country of starving people because the homeless stole all the food the firds day.
  • The first time a unknown rapper declares himself the police after removing the police because they didn’t want police there.  He also declares himself to be leader of country by beating and who knows what.  Proving the people with guns win. Tupac  and biggie would be proud.
  • Floyd  so influential and important that he gets minute by minute coverage the day he is buried.  He gets second by second camera coverage from helicopter  of his car as it travels to his resting grounds. The man is treated like a Saint, even though he was a hardened thug who died while being arrested for committing a crime that is a violation of federal law , which can carry a sentence  of 20 years.
  • Police are getting replaced and now, just as I predicted, democrats are going after their weapons.
  • Muslims love the replacing the police with something like community police.  Perfect because to Muslims, community police is religion police or the morality police.  That gives them a chance to bring in Sharia  law.

Minneapolis is home to the largest population of Somali in the USA.  That means Muslim. You can be sure a Muslim controlled replacement for the police is ready to fill the spot.

I find it unusual that CUP FOODS is also the address of a Mosque.  Yes, they have a Mosque in the basement.  An “underground Mosque”. Now you know it’s  true.  They exist.

I mentioned earlier  about the video source being reliable. There is some evidence that the owner(from Palestine)of Cup Foods might have had some animosity toward the police.

That area of town is a hotspot for crime.  Cup Foods being a hotspot for drug trafficking.

The owners  son is a convicted felon who has been to prison. The business has been in trouble with the law in the past.  Both the owner and son have criminal records.

This document will explain the situation better than I.

 

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh, Relators, vs. City of Minneapolis, Respondent. C2-01-399, Court of Appeals Published, September 11, 2001.

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-01-399

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh,

Relators,

vs.

City of Minneapolis,

Respondent.

Filed September 11, 2001

Affirmed in part, reversed in part, and remanded

G. Barry Anderson, Judge

City of Minneapolis

Docket No. 9-2110-12612-3

Ronald I. Meshbesher, Jonathan M. Peck, Meshbesher & Spence, Ltd., 1616 Park Avenue, Minneapolis, MN  55404 (for relators)

Jay M. Heffern, Minneapolis City Attorney, Scott Reeves, Assistant Minneapolis City Attorney, 300 Metropolitan Centre, 333 South Seventh Street, Minneapolis, MN  55402 (for respondent)

Considered and decided by G. Barry Anderson, Presiding Judge, R.A. Randall, Judge, and Robert H. Schumacher, Judge.

S Y L L A B U S

If an agency adopts the findings and conclusions of an administrative law judge, but rejects or significantly deviates from the recommendations of that judge and does not make findings explaining the deviation, the decision is arbitrary and capricious, and the case should be remanded for the agency to make findings explaining its decision to deviate.

O P I N I O N

G. BARRY ANDERSON, Judge

Respondent city stayed revocation of relator’s business licenses subject to store closure for six months and compliance thereafter with several conditions.  Relator argues that respondent’s decision is not supported by substantial evidence and that the sanction was arbitrary and capricious.  Relator also argues that the administrative law judge (ALJ) abused her discretion by denying his motion to strike testimony concerning controlled drug buys.  We conclude that there is substantial evidence to support respondent city’s finding of good cause for adverse license action against relator.  In addition, because relator did not make a timely motion to strike, we conclude that the ALJ acted within her discretion by denying the motion.  But because respondent deviated from the ALJ’s recommendations when imposing its sanction, without making findings explaining the reasons for doing so, we reverse and remand.

FACTS

In 1989, relator Samir Abumayyaleh opened a convenience store at the northeast corner of 38th Street and Chicago Avenue South in Minneapolis.  The store sold groceries and the usual convenience items.  Eventually, relator added numerous goods and services to the store, including a delicatessen, cellular phone and pager sales, tobacco products, and off-sale 3.2 beer.

Respondent City of Minneapolis issued CUP Foods (Chicago Unbeatable Prices) four licenses: (1) grocery store; (2) food manufacturer; (3) tobacco dealer; and (4) off-sale 3.2 beer vendor.  Respondent first issued the licenses in 1989 and each is subject to annual renewal.  Relator’s family, including his father and two younger brothers, work at the store, but relator also employs other workers.  Relator’s younger brother Nabil, known as “Billy,” one of the store employees, has a prior felony conviction for auto theft.

CUP Foods is located in a high-crime area of Minneapolis and, not surprisingly, experienced problems with loitering and drug activity in and around the store.  In 1991, relator complained to respondent about the loitering problem, and at a city crime specialist’s recommendation, relator placed two yellow “no trespassing” signs outside his store.  Respondent conditioned relator’s licenses on reduced hours of operation.  On several occasions, however, the store remained open after the designated closing time.

In 1993, after receiving additional complaints about loitering and drug activity near CUP Foods, respondent scheduled a committee meeting to consider adverse license action.  As a result of the meeting, relator agreed to remove public pay phones, hire off-duty police officers for security, reduce hours of operation, hire older employees for evening shifts, report drug activity to police, and remove signs blocking store windows.  Relator understood that failure to comply with the agreed-on conditions could result in revocation, suspension, or non-renewal of his licenses.  Relator complied with the conditions, including the employment of off-duty police officers as security guards.  But approximately one-year later, relator discontinued their employment because of the cost and because “things got a lot better at the intersection.”

As time went on, however, the crime problem at 38th and Chicago became worse.  In 1996, neighborhood residents formed a task force to improve safety and reduce drug-dealing activity in the neighborhood.  In 1998, the number of complaints concerning CUP Foods prompted police community crime specialists to open a file on the store.  Crime-prevention specialists visited CUP Foods and relator signed a Minneapolis “no trespassing” affidavit and received two new “no trespassing” signs.  The specialists advised relator to call 911 to report trouble, and he and his employees did so.

On July 13, 1998, a shooting took place near CUP Foods.  Shortly thereafter, relator attended a task-force meeting and asked for a greater police presence at the intersection.  A few months later, two more shootings took place near CUP Foods.

Beginning in October 1998, police conducted surveillance of CUP Foods.  Police observed loitering and hand-to-hand exchanges outside the store and in the store entryway.  Using confidential informants, police made several “controlled buys” of either crack cocaine or apparent crack cocaine inside CUP Foods.

Based on the results of the controlled buys, police obtained a search warrant for CUP Foods and executed that warrant on November 18, 1998.  Police recovered: stolen cell phones; a bullet-proof vest; live ammunition; a stolen bicycle; ephedrine, an ingredient in methamphetamine; glass tubing; baggies of what appeared to be crack cocaine (but later proved to lack cocaine base); postal scales; and three firearms.  Police also observed bullet holes in a door.  The state charged Nabil Abumayyaleh with unlawful possession of a firearm, but later dismissed that charge.  Police did not link any of the stolen items to relator, and did not charge him with any crime.

Police continued to make controlled buys in CUP Foods during 1999.  On one occasion, the participants completed a transaction in plain view of Nabil Abumayyaleh as he worked as a cashier.  On November 9, 1999, a Minneapolis police officer recovered crack cocaine from a CUP Foods shelf during the course of answering a call reporting an armed man in the area.

In November 1999, the Hennepin County Attorney’s Office commenced a nuisance-abatement proceeding against CUP Foods.  That proceeding was stayed pending the city’s resolution of appellant’s licensing issues because, on November 19, 1999, respondent filed a notice of hearing concerning all CUP Foods licenses.  Respondent filed amended notices on February 25, 2000, and again on March 27, 2000.

An ALJ conducted evidentiary hearings on March 28, 30, and 31, and on May 5 and 15, 2000.  Respondent presented testimony from police and neighbors, and argued for revocation of relator’s licenses.  Relator presented favorable testimony from neighbors and customers, testified to his own compliance with recommendations, and explained that he, too, sought to end the criminal activity near the intersection.

The ALJ concluded that respondent had shown good cause for taking adverse action against CUP Foods, but recommended that the city council consider placing conditions on CUP Foods licenses, rather than revoking the licenses outright.  On December 29, 2000, the Minneapolis City Council adopted the ALJ’s report but, rather than placing conditions on relator’s business licenses, it revoked all the licenses, stayed on the conditions that CUP Foods (1) close for six months and (2) take additional specified crime-prevention measures upon re-opening.  The council, however, waived 90 days of the closure period, upon relator’s payment of a $10,000 administrative fine.  The mayor approved the decision on January 4, 2001.  Relator now proceeds by writ of certiorari.

ISSUES

I.                    Was respondent city’s decision to stay revocation of relator’s business licenses, subject to conditions, a denial of due process, arbitrary and capricious, or unsupported by substantial evidence?

II.                 Did the ALJ violate relator’s right to due process of law by denying relator the opportunity to cross-examine confidential informants who made controlled buys at CUP Foods?

ANALYSIS

I.

            Appellant first argues that respondent city’s decision to revoke his business licenses is arbitrary and capricious, is unreasonable, is irrational, and not supported by substantial evidence, and that it violates his due-process rights because neither relator nor his employees had direct knowledge that drug activity took place inside CUP Foods.

Generally, decisions of administrative agencies, including cities, enjoy a presumption of correctness and will be reversed only when they reflect an error of law or where the findings are arbitrary, capricious, or unsupported by substantial evidence.  Cable Communications Bd. v. Nor-West Cable Communications P’ship,356 N.W.2d 658, 668 (Minn. 1984); see alsoMinn. Stat. § 14.69 (2000) (setting forth the scope of judicial review).

 Where the evidence is conflicting or more than one inference may be drawn from the evidence, findings must be upheld.  City of Minneapolis v. Richardson,307 Minn. 80, 88, 239 N.W.2d 197, 202 (1976).  If the agency engaged in reasoned decision-making, a reviewing court will affirm its decision even though the court may have reached another conclusion. State by Khalifa v. Hennepin County,420 N.W.2d 634, 639 (Minn. App. 1988), review denied (Minn. May 4, 1988). 

A.         Due Process

            Relator argues that respondent’s decision denies him “due process of law.”  To determine what process is due, this court first determines whether a property interest is implicated.  Humenansky v. Minnesota Bd. of Med. Exam’rs,525 N.W.2d 559, 566 (Minn. App. 1994), review denied(Minn. Feb. 14, 1995).  Relator correctly points out that he has a property interest in his business licenses.  See Bird v. Dep’t of Pub. Safety,375 N.W.2d 36, 42 (Minn. App. 1985) (finding property interest in automobile dealer’s license).  Our second inquiry requires weighing the particular interests involved. Humenansky,525 N.W.2d at 566. 

Sufficient due process generally requires reasonable notice and a hearing.  In re License of W. Side Pawn,587 N.W.2d 521, 522 (Minn. App. 1998), review denied (Minn. Mar. 30, 1999).  Although relator argues that he was denied due process, he does not allege that he was denied either reasonable notice or an opportunity to be heard.  The record shows relator received initial notice of the hearings approximately four months before the license proceedings, a five-day trial-type hearing, representation by counsel, an impartial decision-maker, and a decision based solely on the record.  This is sufficient to satisfy the due-process requirement.  See Humenansky,525 N.W.2d at 565 (describing the process due when property interests are implicated).

B.         Substantial Evidence

Relator argues that respondent violated his due-process rights because revocation

extinguishes [relator’s] property interest and deprives [relator] from making a living without a factual finding that either [relator] or any of his employees permitted, encouraged, or had any direct knowledge of the alleged controlled buys.

In essence, relator alleges that respondent lacked substantial evidence of “good cause” to take adverse license action against relator’s business.

 Substantial evidence, for the purpose of appellate review of an administrative agency’s decision, is: (1) such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (2) more than a scintilla of evidence; (3) more than some evidence; (4) more than any evidence; and (5) evidence considered in its entirety.  In re Friedenson,574 N.W.2d 463, 467 (Minn. App. 1998) (citation omitted), review denied (Minn. Apr. 30, 1998).  We defer to the agency’s fact-finding process and it is the challenger’s burden to establish that the findings are not supported by the evidence.  In re Lakedale Tel. Co.,561 N.W.2d 550, 554 (Minn. App. 1997).  Unless manifestly unjust, inferences must be accepted even though it may appear that contrary inferences would be better supported by the record.  Id.  Thus, relator must show that the evidence, considered in its entirety, and drawing inferences in favor of the decision, is not substantial, and, therefore, does not adequately support respondent’s finding that good cause existed to take adverse action against his business licenses.

The Minneapolis Code of Ordinances provides that “[a]ny license granted under this chapter may be revoked by the mayor or the city council as in the city charter provided.”   Minneapolis, Minn., Code of Ordinances § 188.350 (1999).  The city charter provides:

Section 16.  Licenses May Be Revoked.  Any license issued by the authority of the City Council may be revoked by the City Council at any time upon proper notice and hearing for good cause * * * .

Minneapolis, Minn., City Charter ch. 4, § 16.

The ALJ’s memorandum explained that relator’s employment of his brother Nabil Abumayyaleh, a convicted felon, and the handguns found during the search of CUP Foods, did not warrant taking adverse license action against relator because relator legally employed his brother and legally possessed the handguns for protection.  Similarly, the ALJ found that, because respondent failed to link any of the stolen items recovered during execution of the 1998 search warrant to relator, that evidence alone did not support adverse license action.  Further, the ALJ found that the three shootings near CUP Foods had no connection to the store and were simply a “by-product of the gang violence that is prevalent in this south Minneapolis neighborhood.”

But respondent, through the testimony of police officers and neighbors, presented evidence of: (1) chronic loitering at CUP Foods; (2) numerous hand-to-hand exchanges, an indication of drug dealing, taking place in and outside the store; and (3) controlled drug buys inside the store.  Respondent also presented evidence that despite the earlier license conditions, the store’s windows remain obstructed by advertising, signs, and shelving, and that the lack of visibility inside the store hampers law-enforcement efforts.

For these reasons, the city council adopted the ALJ’s conclusion that

[respondent] has demonstrated by a preponderance of the evidence that drug dealing and loitering have occurred on a frequent basis on and near CUP Foods’ premises.  * * * [Relator’s] failure or inability to prevent or meaningfully control the sale of drugs occurring inside his store constitutes good cause for taking adverse action against CUP Foods’ licenses. While [relator] testified that he routinely asks loiterers to leave, substantial credible testimony from neighborhood residents and police officers established that there is an ongoing pattern of loitering and drug dealing both inside the store and outside the store’s front entrance.  And, despite some measures taken by [relator] to increase visibility in his store, the record established that the majority of the store’s windows remain obstructed by shelving, advertisements, and other signage.  The inability to see into the store’s windows encourages loitering and criminal activity in general at CUP Foods.

Although there is no direct evidence that relator or his employees observed drug transactions, there is ample evidence, including the evidence of the controlled buys, that such transactions took place in and around CUP Foods and that relator knew that crime in and near the store was an ongoing problem.  Although relator made efforts to improve security and reduce crime, he failed to decrease the height of store shelves or remove window advertisements, and, until very recently, relator had abandoned the use of security guards.

Drawing inferences in favor of respondent city’s decision, as we must, and viewing the record as a whole, we conclude that the evidence, though hardly overwhelming, is reasonable, “more than a scintilla,” “more than some,” and “more than any” evidence.  The evidence, therefore, is substantial and supports the conclusion that respondent had “good cause” to take adverse license action against relator.[1] 

C.        Arbitrary and capricious

Relator also argues that the adverse license action is arbitrary and capricious.  Reviewing courts may reverse an agency’s decision if the decision is arbitrary or capricious.  Minn. Stat. § 14.69(f) (2000).  An agency decision is arbitrary and capricious if it is an exercise of the agency’s will, rather than its judgment, or if the decision is based on whim or is devoid of articulated reasons. Friedenson,574 N.W.2d at 467;Mammenga v. State Dept. of Human Servs.,442 N.W.2d 786, 789 (Minn. 1989).  “Where there is room for two opinions on the matter, [an agency’s choice of one course of] action is not arbitrary and capricious * * * .”  Friedenson,574 N.W.2d at 467 (citing Brown v. Wells,288 Minn. 468, 472, 181 N.W.2d 708, 711 (1970)).     

The problems at CUP Foods illustrate the collision between two important principles of United States jurisprudence: the reasonable public safety expectations of citizens and the preservation of private property rights, which, in this case, take the form of business licenses.

A city council may affirm, reject, or modify an ALJ’s findings or conclusions.  See Hymanson v. City of St. Paul,329 N.W.2d 324, 326-27 (Minn. 1983) (a city council may make new findings or decide contrary to the hearing examiner’s recommendations).   Despite this authority, when an agency significantly deviates from a reviewing authority’s conclusions, it must explain the deviation.  Beaty v. Minnesota Bd. of Teaching,354 N.W.2d 466, 472 (Minn. App. 1984).  Failure to do so “evidences the agency’s desire to exercise its will and not its judgment.”  Id.see also Burnett v. Stearns County Welfare Bd.,370 N.W.2d 452, 455 (Minn. App. 1985) (holding county welfare board acted arbitrarily and capriciously by rejecting without comment merit system council recommendation to grant relator a merit increase).  But see Friedenson,574 N.W.2d at 467-68 (holding revocation of relator’s medical license not arbitrary and capricious, even though board failed to explain its reasons for deviating from ALJ’s findings of fact and conclusions of law, because reviewing court was satisfied penalty was the product of “careful and prudent judgment”).  

Respondent adopted the ALJ’s findings, as well as the conclusions supported by those findings.  But respondent did not adopt the ALJ’s recommendations to place conditions on relator’s business licenses, and instead stayed revocation on the conditions that CUP Foods close for six months and, upon re-opening, comply with numerous crime-prevention measures.  Respondent significantly deviated from the ALJ’s recommendations without explaining why the ALJ’s recommendations were rejected or making additional findings to support this disposition.  At a minimum, a business owner with property rights in the form of government licenses is entitled to know the reasons for adverse action by the city council.  We therefore hold that the absence of such findings renders the respondent city’s decision arbitrary and capricious, and we reverse and remand for additional proceedings and to permit respondent to make appropriate findings explaining its decision.

We caution respondent, however, that any additional findings or conclusions it may adopt on remand, to explain its reasons for significantly deviating from the ALJ’s recommendations, must be limited to the issues raised in the earlier proceedings.  See Interstate Power Co. v. Nobles County Bd. of Comm’rs, 617 N.W.2d 566, 580 (Minn. 2000); Earthburners, Inc. v. County of Carlton, 513 N.W.2d 460, 463 (Minn. 1994) (reviewing board “must confine its inquiry to those issues raised in [the] earlier proceedings”); White Bear Rod & Gun Club v. City of Hugo, 388 N.W.2d 739, 742 (Minn. 1986) (city council not required to make formal findings but, at a minimum, must “‘have the reasons for its decision recorded or reduced to writing and in more than just a conclusory fashion’” (quotation omitted)). 

II.

            Relator also argues that the ALJ abused her discretion by denying relator’s motion to strike testimony concerning the confidential informants who completed “controlled buys” inside CUP Foods, contending that by failing to strike that testimony the ALJ denied him his right to confront the informants.  Evidentiary rulings in administrative proceedings are subject to an abuse-of-discretion standard.  See Lee v. Lee,459 N.W.2d 365, 369 (Minn. App. 1990) (applying abuse-of-discretion standard to appeal of evidentiary ruling on hearsay evidence made during an administrative child-support hearing conducted under Minnesota Administrative Procedure Act rules), review denied(Minn. Oct. 18, 1990).

During the license hearings, respondent’s counsel questioned Sherry Appledorn, the police officer who arranged the controlled buys, about her conversations with the confidential informants.  Relator’s counsel objected on hearsay grounds.  The ALJ sustained the objection, but permitted the officer to testify concerning matters within her own knowledge.  At the close of the hearings, relator moved to strike all testimony concerning the controlled buys on the basis that he was denied the right to confront the informants.  The ALJ ruled that the request was untimely.  Respondent argues that this court need not reach the issue of confrontation because relator’s motion to strike was untimely.  We agree.

The rule that an objection to the admission of evidence must be made at the time the evidence is offered is well established.  Eilola v. Oliver Iron Mining Co.,201 Minn. 77, 79, 275 N.W. 408, 409 (1937); see also Minn. R. Evid. 103(a)(1) (providing that there is no error unless an evidentiary ruling affects a substantial right of a party and a timely objection or motion to strike is made).  Although relator objected to out-of-court statements made by the informants as hearsay, relator did not (1) bring any motion to compel respondent to disclose the informants’ identities, even though the initial notice of hearing indicated that the controlled buys would be part of respondent’s evidence, or (2) object to the admission of Appledorn’s testimony concerning her knowledge of the controlled buys until the close of the hearing in May 2000, more than one month after she testified.  We therefore conclude that the ALJ acted within her discretion by denying relator’s motion to strike, and we decline to further address relator’s confrontation claims.

D E C I S I O N

Respondent’s conclusion that there is good cause to take adverse license action against relator is supported by substantial evidence.  Respondent’s decision to deviate from the sanctions recommended by the ALJ, however, is arbitrary and capricious because the deviations are significant and respondent did not make findings explaining its decision to deviate.  Finally, the ALJ did not abuse her discretion by denying relator’s motion to strike testimony concerning controlled drug buys because the motion was untimely.

Affirmed in part, reversed in part, and remanded.

[1]Relator devotes more than three pages of his brief to a discussion of Saxon Coffee Shop, Inc. v. Boston Lic. Bd.,407 N.E.2d 311 (Mass. 1980).  In Saxon,a license-revocation action, criminal activity inside a store and the non-cooperation of the store’s management did not meet the substantial-evidence test.  Id at 319.  We reject Saxon’sreasoning because City of Mankato v. Mahony,542 N.W.2d 689 (Minn. App. 1996), suggests that a city may take adverse-license action in response to criminal activity if the licensee does not cooperate to prevent future violations.  Id. at 692 (reversing revocation of landlord’s license where landlord acted responsibly to prevent further violations of city noise codes). 

Source

Perhaps Floyd and the business was doing a drug deal.  When Floyd was on the ground, leaning against Dragon Wok, an officer leaned over and picked something up off the ground and put it in his pocket.  Maybe it was just a dime or something.

False Flag or not, the whole situation has the Democrats name written all over it.  It’s  only going to get worse until election  day.

Respectfully

Deplorable Patriot.

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Evidence points to CNN and Shaun King guilty of fabricating George Floyd video.

 

More  and more information related to this event becomes available daily.  In an effort to not be fake news. I will be updating this post often..  For example, The original version of this post was based on a video that lead  me to believe the event happened on one street.  Later on after posting, a new, more complete video became available.  Irregardless,  my opinion on this event will not change.  I believe this event was staged. The embedded recording times in the  videos iis the proof. That is the focus of this post/research.  If  the information was not related to the video time, chances are I didn’t  include it. Sometimes too much information can be confusing and unnecessary once you have proven your point.  I believe this is one of those situations.  Any information I include that does not support my point, I do so in the spirit of information  sharing.

 

Update- Body cam footage  worn by officer driving “Park Police” vehicle has different  embedded time  and  date in video.  That’s  3 different recording times  for 3 different  video’s  of the same event.

Given the obvious importance of accurate time and date in body cam videos. Real police officers would be sure time was correct.  

 

 

 

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Victory against fake news: CNN settles defamation lawsuit with Covington student Nick Sandmann

On January 18, 2019, a deceptively-edited video posted to social media ignited a media-driven public lynching of a group of teenage boys from the all-male Covington Catholic High School in Park Hills, Kentucky.

That day, the boys, wearing red Make America Great Again (MAGA) hats and sweatshirts, participated in the March for Life in Washington, DC. The video shows the boys surrounding, laughing and jeering at an elderly Native American man singing and playing a drum, who is identified as Nathan Phillips, an Omaha elder and Vietnam veteran.

Wiping away tears, Phillips said: “When I was there singing, I heard them [Covington boys] saying ‘Build that wall, build that wall’. This is indigenous lands. We’re not supposed to have walls here. We never did.” (WDBJ7.com)

The Covington boys were roundly denounced by media outlets and their hometown mayor. The Covington Catholic School, Diocese and Archdiocese issued abject apologies and condemnation of the students.

It turns out the full video of the incident shows an entirely different version of what happened.

Instead of the Covington boys harassing Phillips, it was Phillips and a group of fellow Native American activists who approached the boys who were doing school cheers. (The March for Life coincided with an Indigenous People’s Rally.)

As you can see in the video below, posted to YouTube on January 18, the day of the incident, Phillips tests several of the boys, then targets one of them (0:58 mark). Chanting, Phillips gets in the boy’s face with a metal drumstick and drum. Another Native American man tells one of the students, “White people go back to Europe. This is not your land.”

It got worse.

One of the Covington students told the Gateway Pundit that they were waiting for their school bus and doing school cheers when four Black Israelites got belligerent with them: “We were standing there when a group of four African Americans started calling us ‘crackers’ and ‘school shooters’” and told one of the Covington students, who is black, that “we will harvest his organs” when he gets older.

Although the full video of the incident was posted to Facebook on January 18, the truth didn’t stop the media lynching. Nor did the truth stop Jack Morrissey, a Hollywood producer of Disney’s Beauty and the Beast and two Twilight Saga movies that romanticize blood-sucking soul-less vampires, from calling for the murder of the Covington boys in a tweet on January 19, 2019, saying the boys should be put “screaming, hats first, into the woodchipper.”

Unlike too many conservatives and Christians who don’t fight back against the media’s bullying and defamation, the parents of one of the Covington boys, Nick Sandmann, decided to do something.

In March 2019, Sandmann’s attorney L. Lin Wood filed defamation lawsuits against CNN and the Washington Post for $250 million each, followed by a lawsuit in May against NBC Universal for $275 million.

Now, CNN has settled the lawsuit with Sandmann, which effectively is an admission of guilt from CNN.

Mike Brest reports for the Washington Examiner, Jan. 7, 2020, that the amount of CNN’s settlement remains unknown, but a CNN representative confirmed the suit’s resolution to the Washington Examiner.

The suit against CNN, which was filed last March, addressed four television broadcasts and nine articles specifically, claiming that they contain statements toward or about Sandmann that are defamatory. It sought $75 million for harm to Sandmann’s reputation and $200 million in punitive damages.

The suit read: “The CNN accusations are totally and unequivocally false and CNN would have known them to be untrue had it undertaken any reasonable efforts to verify their accuracy before publication of its false and defamatory accusations.”

Sandmann’s attorney, Lin Wood, told Fox News’s Mark Levin last year that CNN “was probably more vicious in its direct attacks on Nicholas than the Washington Post. And CNN goes into millions of individuals’ homes,” adding that the network “couldn’t resist the idea that here’s a guy with a young boy, that Make America Great Again cap on. So they go after him.”

I heard on Rush Limbaugh today that NBC and Washington Post will also settle their lawsuits.

See also:

~Eowyn

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Another TDS-infected fool: Florida man arrested after spitting on man wearing MAGA hat

How do people who are SO triggered by a hat get through real life?

From Yahoo: A 43-year-old man was arrested after allegedly spitting on a 67-year-old man wearing a “Make America Great Again” (MAGA) hat at a restaurant in Vero Beach, Florida, on October 25, local media and police said.

Surveillance footage released by the Indian River County Sheriff’s Office shows Robert Youngblood, wearing a red MAGA hat, sitting with two other men at a bar in a Hurricane Grill & Wings restaurant. The footage shows a man walk past the group and hit the brim of Youngblood’s hat. Police said the footage then shows the same man lean over a railing, spit on Youngblood, and leave.

Before the man slapped Youngblood’s hat, he told him, “You should go back to Russia, you f—-ing communist,” according to a police report.

The report said Youngblood took down the license plate of the car the suspect left in, leading police to a Vero Beach address for Laura Torres. When police visited the address, they said they spoke with Torres and her husband, 43-year-old Matthias Ajple.

Torres said she told Ajple to tell Youngblood to “go back to Russia as a joke,” and then told police she did not see the altercation, according to the police report.

Ajple told police he “supports” law enforcement and said Donald Trump supporters are “communist and racist,” according to the report.

“I don’t even care that I’m going to jail, this is actually exciting, plus I have more time on this earth than he does anyway, he probably feels so good about himself,” Ajple is quoted as saying in the report.

Ajple was charged with battery and taken to the Indian River County Jail, according to police.

DCG

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Antifa brute David Campbell pleads guilty to felony assault

David Campbell being arrested

Read about the back story of this Antifa thug, David Campbell, here.

From NY Post: An “Antifa” street thug can now look forward to continuing his fight — from jail.

David Campbell, 32, copped a plea for his role in a 2018 beatdown outside the Night for Freedom party in Manhattan organized by right-wing activist Mike Cernovich.

Campbell pleaded guilty to two counts of felony assault and will be sentenced on Oct. 23 to 18 months in the slammer, reps for Manhattan District Attorney Cy Vance Jr. told The Post.

Campbell was arrested near the venue, a nightclub at West 50th Street and 12th Avenue on Jan. 20 2018, after he punched and choked a 56-year-old man he had followed out of the event, police said. He was one of about 80 Antifa agitators protesting the gathering.

David Campbell’s victim

“When the Proud Boys [a far right fraternal organization] got into a street fight with Antifa members, it was a nationwide story. The Mayor and AG tweeted about the street fight. When Antifa attacked a 56-year-old man, silence from the press,” Cernovich told The Post.

“Now that the criminal case is closed, I will also be taking legal action against Mr. Campbell and his confederates. It is time to find out who is funding Antifa,” he said.

DCG

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14% of Americans favor a ban on all red hats because of Trump

This is insane.

The Left are so triggered by Trump-supporters wearing red MAGA (Make America Great Again) baseball caps that cap-wearers have been physically assaulted. See, for example:

Recently, a delicate snowflake named Rebecca Makkai, a 41-year-old novelist who’s a Pulitzer Prize and National Book Award finalist, tweeted that the red MAGA hat is a “hate symbol” and the equivalent of the Nazi swastika. Makkai doesn’t want people to wear “any kind of red baseball cap” — not just red MAGA hats — because her “heart does weird shit” when she sees a red cap and any red hats are “making everyone scared.”

In a series of tweets on August 31 and Sept. 1, 2019, Makkai (@rebeccamakkai) wrote:

Is anyone else made really uncomfortable these days by anyone wearing any kind of red baseball cap? Like, I see one and my heart does weird shit and then I finally realize it only says Titleist or whatever. Maybe don’t wear red caps anymore, normal people?

Also, for the love of God: The clever folks wearing “Make America Read Again” or whatever caps — NO. You’re making everyone scared. Don’t do it.

If you’re here to be contrary: an equivalent here would be western Hindus choosing not to use the swastika symbol in public despite it being sacred to their faith because it would offend/frighten people. The red hat has become a symbol of hate bc of how its wearers act.

Makkai is not alone.

A new Rasmussen poll found that as many as 14% of U.S. adults favor the banning of red caps in America.

The national telephone and online survey of a representative sample of 1,000 American adults was conducted on September 11-12, 2019 by Rasmussen Reports.

The question was: “A suggestion has been made to ban all red caps in America because pro-Trump Make American Great hats are red and cause anxiety among anti-Trump Americans. Do you favor or oppose the banning of red caps in America?”

A survey found that:

  • 14% support a ban on red caps.
  • 70% are opposed.
  • 17% are undecided.

The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

See also:

~Eowyn

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Oregon man and woman arrested for attacking MAGA hat-wearing President Trump supporter

Victim Lenzner

Remember folks, #LoveTrumpsHate!

From Daily Mail: A man and woman have been arrested accused of attacking a MAGA hat-wearing Trump supporter who was on a date night with his wife.

Luke Lenzner says he was ‘sucker punched’ outside an Oregon bar in the early hours of Saturday morning while wearing his ‘Make America Great Again’ cap.

Pictures show Lenzner in the red hat with Donald Trump’s 2016 campaign slogan emblazoned across it with cuts and bruises to his face.

Police say 23-year-old Adebisi A. Okuneye and Leopold A. Hauser, 22, were arrested and charged with third-degree assault following the incident in Portland.

Unhinged demorats in Portland/Multnomah County Sheriff’s Office photos

Lenzner told FOX 12 he was ‘mobbed’ outside the bar by people who ‘just circled me and my wife’.

Security footage shows the couple as they leave the bar. Lenzner appears to point at his hat and say something to other patrons before the altercation.

‘Surrounding me, like literally surrounding me, pushing me. I’m just trying to get through, trying to stop the person from hitting me, from taking my hat, and then I get sucker punched.’

Lenzner says he has been left with bruising and cut to his arms and face.

Hauser and Okuneye are said to have fled before police arrived but Lenzner was able to give officers a license plate. They were arrested a few blocks away and are expected to be arraigned Monday.

Witnesses are said to have accused Lenzner of provoking the attack by pointing to his hat but police say Lenzner was not involved physically in the incident.

See also:

Guys wearing MAGA hats offer free hugs in Seattle; ends up getting egged and “milkshaked”
MAGA hate crime: California woman abuses elderly man for MAGA hat; is fired
MAGA hate crime: 81 y.o. man assaulted for wearing MAGA hat
MAGA hate crime: Black student assaults white for MAGA hat
Kentucky man arrested for pulling gun on couple wearing MAGA hats

DCG

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Miss Michigan stripped of title for wearing MAGA hat and refusing to wear hijab

On July 18, 2019, Kathy Zhu, the Chinese-American winner of the Miss Michigan pageant had her title revoked for being politically incorrect.

Her big transgressions?

She is a Trump supporter who wears the MAGA hat but refuses to wear a hijab — a head, face, or body covering worn by Muslim women.

Kathy Zhu, 20, an immigrant from China and a political science major at the University of Michigan, committed the unpardonable sin of refusing to wear a hijab.

In 2018 at a Muslim Student Association booth celebrating World Hijab Day, Zhu politely declined a Muslim student’s offer to let Zhu try on a hijab headscarf. Zhu then tweeted:

There is a ‘try a hijab on’ booth at my college campus. So you’re telling me that it’s now just a fashion accessory and not a religious thing? Or are you just trying to get women used to being oppressed under Islam?

The Muslim student launched a Twitter campaign to have Zhu expelled:

Let’s get this girl expelled. Email [the office of student conduct] and send them Kathy’s [Zhu] tweet, including the photos in her thread. Ignorance will not be tolerated on my campus.

Zhu incurred more ire from the Left when she responded to a tweet blaming black homicide rates on “white privilege”. Referring to the 2016 FBI statistic that 89.5% of black homicide victims are murdered by other blacks, Zhu wrote:

Did you know the majority of black deaths are caused by other blacks? Fix problems within your own community before blaming others.

For this, Zhu was branded a “racist.”

The final straw for the Miss World America (MWA) pageant was a photo posted on Zhu’s Facebook page showing her wearing a MAGA hat.

Citing MWA’s requirement that pageant participants must be of “good character” and their “background” not bring “disrepute” to MWA, Laurie DeJack, state director of MWA Michigan, notified Zhu that her Miss Michigan title is revoked because “It has been brought to the attention of Miss World America that your social media accounts contain offensive, insensitive and inappropriate content.”

Zhu is an unabashed conservative who has been featured on CBC, RT News, The Rebel, InfoWars, and BBC as a political commentator.

On July 26, 2019, at a Women for Trump luncheon organized by the Michigan Conservative Coalition in Bloomfield Hills, Zhu was greeted with a standing ovation. One woman screamed: “We love you!”

Zhu recounted the sudden epiphany that made her switch her beliefs from liberal to conservative. She said she used to be a Democrat, but only because her friends told her so. It wasn’t until she did her own research that she decided to become a Trump supporter and conservative political commentator. Zhu said:

“I am so glad that the story got to light because conservative voices are being censored. They are being banned on social media for talking about their opinions. It seems harder to come out as a conservative than it does as being gay. People wanted to ridicule me. There were so many times that my account got hacked from the left.”

Zhu said she is committed to free speech and stands by both of her “racist” tweets: “I think that hate speech falls under free speech. If you are a hateful person you are going to get the criticism for it, but you should still be allowed to say such things.”

Sources: Catholic Vote; USA Today

~Eowyn

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After Portland mayhem, Antifa domestic terrorists plan to disrupt July 6 D.C. Free Speech Rally

In April 2016, the Obama administration had identified Antifa as domestic terrorists.

See “Obama administration’s DHS/FBI identified Antifa as domestic terrorists in April 2016”.

Strangely, the designation of Antifa as domestic terrorists is ignored by both the Trump DOJ and FBI, as well as by police departments across the U.S., especially the Portland PD.

Last Saturday, June 29, in Portland, Antifa terrorists doused independent journalist Andy Ngo with milkshake containing quick-drying cement, viciously assaulted an elderly man with a crowbar, then maced and hit another man (who tried to help the elderly man) with the crowbar.

New Video Shows Antifa Crowbar Attack, Macing of Elderly Man

Now, the violent and lawless Antifa DOMESTIC TERRORISTS are planning to disrupt the July 6 Free Speech Rally in Washington, D.C.

On June 29, 2019, Big League Politics reports that a pro-Antifa individual who calls himself “POUND ON YOUR BOY” threatened to attack attendees of the Demand Free Speech rally on July 6 in Washington, D.C. with “muriatic acid, wax, and balloons”:

“I just want to toss as many balloons of Muriatic acid in the faces as many Proud Boys I can [sic]. I just want to blind as many of you c**k suckers are possible [sic].”

The threats were made on a popular right-wing Telegram channel, which prompted the rally’s co-organizer and chairman of Proud Boys, Enrique Tarrio, to contact the FBI and DHS, who are now planning to provide additional security for the event.

On Tuesday, July 2, News2Share‘s Ford Fischer was invited to the “All Out DC” Antifa group’s “community gathering” on their plans to disrupt the Free Speech Rally. Fischer reported on the Antifa meeting in a series of tweets. He points out that “I believe myself, AP, and Washington Post were in the room but I’m the first/only one to report on this so far.”

Antifa DC began the meeting by highlighting individuals whom they label as “Nazis”, “white nationalists”, “Islamophobes” and “anti-Hispanic” racists: Roger Stone, Gavin McInnes, Laura Loomer, Milo Yiannopoulos, Enrique Tarrio, Jack Posobiec, Mike Cernovich, and Joey Salads.

Antifa DC concluded their “community meeting” with this plan (see below) for July 6.

On that day, Antifa DC will gather around Pershing Park, close to Freedom Plaza where the Free Speech Rally will take place, followed at 6 pm with a “protest” of Free Speech Rally’s after-party, wherever it occurs.

Here’s the video of the DC Antifa’s planning meeting:

H/t Big Lug

~Eowyn

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