Category Archives: Terrorism

The video the MSM doesn’t want you to see, RITTENHOUSE

Kyle Rittenhouse cleaning graffiti left by vandals

Only the fascist left domestic terrorist supporting democrat controlled propaganda fake news would stoop so low to attack a law abiding 17 year old American patriot.  Instead of being truthful and saying Kyle Rittenhouse defended himself, they chose to blow smoke up everyone on this planet’s  a$%’s.

 

“The teenager with the long gun scuffled with people near a car dealership and opened fire, allegedly killing two people and wounding a third, a criminal complaint says. Even as police and emergency vehicles raced to the scene and chaotic videos of the fatal encounter appeared on social media, the armed suspect walked past a group of officers unnoticed. He was arrested 30 miles awayin Antioch, Illinois.”

Faith Karimi, CNN

That’s how fake news CNN is spinning a Kenosha shooting where 3 democrat supported adult fascist left domestic terrorist were shot when they attacked a minor, 17 year old Kyle Rittenhouse.

Rittenhouse was 1 of many volunteers that were cleared by law enforcement and were protecting  businesses from being destoyed by democrat supported fascists left domestic terrorist Black Lives Matter(BLM)/Antifa, Muslim Extremists and foreign nationals that have entered the country illegally and are working with BLM causing discourse,  attacking Americans and trying to influence our elections.

 

The defenders stopped the terrorist from burning down a gas station.  They also stopped the terrorist from attacking the police with a flaming dumpster.

The terrorist next move was to set the car lot on fire where Rittenhouse was standing guard.

Video shows convicted felon sex offender terrorist Joseph Rosenbaum, 36, chasing Rittenhouse through the car lot.  Rosenbaum can be seen throwing a molotov(claims eyewitness) at Rittenhouse. We hear a gunshot from unknown source .Rittonhouse turns and shoots seconds before Rosenbaum could grab him.  Rosenbaum goes down and we hear more gunfire from unknown source again.

Rittonhouse goes over to where Rosenbaum is laying and offers help. He calls the police.

A person then decides to use his shirt instead of the first aid kit Rittenhouse was carrying.  The same person tells Rittenhouse to go.away.

Rittenhouse starts making his way to the police line and a mob of domestic terrorist start chasing him.   He trips an falls.  While on the ground a unidentified terrorist runs up and kicks him in the head.  While still on the ground, he gets hit in the head with a skateboard carried by convicted felon and domestic terrorist,  26 year old, Anthony Huber.  Rittenhouse takes the skateboard hit and shoots Huber.

Then convicted felon and domestic  terrorist, 26 year old

Gaige Grosskreutz, armed with a handgun goes after Rittenhouse.  Grosskreutz raises his gun and Rittenhoust shoots him in the arm.

Rittenhouse makes his way to the police where he turns himself in.

Police let him go.

Currently charges have been filed on Rittenhouse which if convicted, could give him a life sentence.

Charges were filed before any sort of criminal investigation took place.  At the time there wasn’t  a crime scene investigation, no ballistic data, meaning they don’t  know if Rittenhouse was the only shooter. Video clearly shows he shot in self defense.

Besides the fact that these were convicted felons attacking a minor, they were terrorist in the act of committing crimes. They had already helped burn and destroy other buildings in the city.

CNN and other fake news outlets are lying about what really happened.

So you can decide for yourself, I found as many videos of that night that I could find.  I placed them in order creating a visual timeline of events.  Keep in mind that these are the actual videos captured by reporters on the scene. I haven’t  blurred anything out so you will be seeing shooting, blood and bodies.  That’s your warning.

This is for educational  purposes only.

 

Rittenhouse doesn’t look like the mass shooter that some media outlets describe him.

Really makes you wonder why they are lying.

The person that interviewed Rittenhouse was 10 feet away from Rosenbaum when he got shot.  He also helped carry Rosenbaum to the car.  He was also at the hospital with Rosenbaum.  You would think that being a reporter he would have some video from the hospital.  They covered every other part of the event.  This is the reporter,

 

This is a short video of the day after.

Is Rittenhouse a Patriot or not?  I going with Patriot.

I have to be honest.  I feel like I just watched a poorly scripted reality show.  But what do I know.

Sources

Photos and video captured by the following people:

Andy Ngo

Drew Hernandez

Brendan Gutenschwager

RichieMcGinniss

Julio_Rosas11

Elijah Schaffer

ShelbyTalcott

FromKalen

 

Apologies if I missed anyone.

“Rittenhouse” and “The next day” are unlisted videos.  They are not monetized.  I made them to share information to the public, free as charged.  For educational purposes only. Fair use.

Respectfully,

Deplorable Patriot

Correction- Rittenhouse did not call police after first shooting.  He actually called a friend of his.

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The real story: It’s not just a few big Democrat cities that are burning

Demorats have generally ignored rioting in the streets and have suggested that President Trump is the cause of any social disruption. Mainstream media have suggested that the rioting is confined to half a dozen big cities. Republicans have blamed Demorat mayors and governors for not bringing the riots under control.

But fact is, none of us are getting the true picture of what is happening to this country. Protests and riots have occurred in all 50 states. The Army National Guard has been deployed to at least 23 states and the District of Columbia to combat rioters and looters. More than 350 cities and towns have been wracked with unrest—all this while left-wing socialist/communist government officials sit in complacent approval of the mayhem.

Our country is coming apart at the seams. Nero fiddles while Rome burns.

What follows is research published on June 2, 2020 by Mohammed Haddad, writing for Aljazeera. These data are more than two months old.

I have to wonder, how much worse is it now?

https://www.aljazeera.com/indepth/interactive/2020/06/mapping-cities-george-floyd-protests-erupted-200601081654119.html

~ Grif

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Epidemic of random black-on-white violence: 3 recent cases

As America remains in the grips of the COVID-19 pandemic, the Democrat MSM are ignoring a real epidemic going on.

The Medical Dictionary defines “epidemic” as:

occuring suddenly in numbers clearly in excess of normal expectancy…. The term is used especially of infectious diseases but is also applied to any disease, injury, or other health-related event occurring in such outbreaks.”

Being brutally assaulted and killed certainly is an “injury or other health-related event”.

Below are three recent black-on-white assaults and murder:

(1) Black man shoots white boy, 5, in head

A black man, Darius Sessoms, 25, randomly went up to a white 5-year-old boy, Cannon Hinnant, who was riding a bicycle in his dad’s front yard in Wilson, North Carolina. Sessoms shot the boy point-blank in his head. (See DCG’s post: “Say his name: Cannon Hinnant, young white boy executed by black man“)

Cannon Hinnant (l): Darius Sessoms (r)

(2) Black kicks white man unconscious, Portland, OR

BLM-Antifa have been rioting every night in Portland, Oregon, for months. (On July 31, 2020, Fox News said there had been “more than 60 nights of protests”. The “protests” riots have continued since July 31, which means Portland has had more than 78 nights of riots.)

On Sunday night, August 16, 2020, driving through a riot in downtown Portland, a white young man crashed his Ford truck, after trying to help a “transgender” woman being robbed by rioters. Rioters surround the man when he got out of his truck and knock him to the ground. (See the video taken by Andy Ngo here.)

After the white man finally sits up, a young black man runs up to and savagely kicks the white man in his head, knocking him onto the ground, unconscious.

More details of the violent assault at GlobIntel and Nationalist Review.

Tweeters and Nationalist Review identify the perp as Marquise Lee Love, aka Keese Love:

TruthFinder, a people search engine, says Marquise Lee Love, 25, has a criminal history: criminal trespass in 2012; Brl driving while suspended/revoke in 2019.

From Keese Love’s Facebook page (archived here):

Marquise Lee Love claims to be security guard at Portland International Airport. But according to Nationalist Review, Love is not currently employed by Star Protection Agency and is not licensed in the State of Oregon to provide security.”

The victim’s name is Adam Haner. A GoFundMe has been set up to assist his recovery. Here is Haner’s LinkedIn page.

(3) Black man assaults elderly white man in nursing home

A young black male, a “caregiver”, repeatedly hits the face of a very frail, 89-year-old white man in a nursing home.

Warning: The video below is hard to watch, but you must. (H/t @MarkACollett)

All we hear is crickets from Democrats and their complicit MSM.

Meanwhile, George Floyd’s family was invited to speak last night at the 2020 Democratic National Convention, where he was eulogized as selfless and generous to complete strangers, never mind the fact that he home-invaded and robbed a pregnant woman.  (H/t @ScottMGreer)

See also “Seattle: BLM mob demands White people move out of neighborhood & give their homes to black people

~Eowyn

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Venezuelan Warns US: Socialism Starts by Destroying Monuments and Censoring Everything

The left’s socialist/communist’s playbook never changes. The reason is simple. It generally achieves its goal of turning free and democratic countries into totalitarian cesspools where a dictatorial government subjugates its citizens and destroys a vibrant capitalist economy all in the name of “equality.” Venezuela is one such socialist utopia.

Venezuela was once the richest and most promising country in Latin America. It has the largest oil reserves in the world, and for a long time it had a growing democracy. But today, its economic and democratic institutions have failed. While inflation skyrockets, food and medicine have become so expensive that for the country’s poor, who now make up a staggering 82 percent of the population, cannot afford to buy them. Many are reduced to eating out of garbage dumps. Theft and murder are endemic, and the ruling Maduro government keeps an iron grip on the people.

Now, Elizabeth Rogliani, an activist who was among the more than two million Venezuelans who have fled their country since dits economy collapsed, has a warning for us.

Andrés Guilarte, who remains in Venezuela, describes his perspective on what socialism will do to the United States if Americans ignore the current turmoil that is dividing the country.

~ Grif

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General Michael Flynn’s Letter to America

From The Western Journal, August 5, 2020:

We are witnessing a vicious assault by enemies of all that is good, and our president is having to act in ways unprecedented in decades, maybe centuries.

The biblical nature of good versus evil cannot be discounted as we examine what is happening on the streets of America.

It’s Marxism in the form of antifa and the Black Lives Matter movement versus our very capable and very underappreciated law enforcement professionals, the vast majority of whom are fighting to provide us safe and secure homes, streets and communities.

When the destiny of the United States is at stake, and it is, the very future of the entire world is threatened.

As Christians, shouldn’t we act? We recognize that divine Providence is the ultimate judge of our destiny. Achieving our destiny as a freedom-loving nation, Providence compels us to do our part in our communities.

It encourages us in this battle against the forces of evil to face our fears head-on. No enemy on earth is stronger than the united forces of God-fearing, freedom-loving people.

We can no longer pretend that these dark forces are going to go away by mere prayer alone. Prayers matter, but action is required.

This action is needed at the local, state and federal levels. Action is also required in the economic, media, clerical and ecclesiastical realms.

Decide how you can act within your abilities. Stand up and state your beliefs. Be proud of who you are and what you stand for. And face, head-on, those community “leaders” who are willing to allow dark forces to go beyond peaceful protests and destroy and violate your safety and security.

Churches and houses of worship must return to normal. We invite everyone of goodwill to not shirk their responsibilities and instead act in a fraternal fashion. If for no other reason or with no other ability, act in a spirit of charity.

We cannot disrespect or disregard natural law along with our own religious liberties and freedoms.

I am witnessing elderly people lose their connection to all that is good in their lives: connections to their faith, their families and their individual freedoms, especially the simple act of attending church, something they’ve been doing for decades.

Let us not be intimidated or fear those who cry out that we are in the minority; we are not.

Good is always more powerful and will prevail over evil.

However, evil will succeed for a time when good people are divided from each other and their personal lives — children away from their teachers, preachers from their congregations, customers from their local businesses.

America will never give in to evil. Americans work together to solve problems.

We do not and should not ever allow anarchy and the evil forces behind it to operate on any street in our nation.

No one should have to fear for their very life because some dark, disturbed force is challenged by the very essence of what America stands for.

We are “one nation under God” and it is our individual liberties that make us strong, not liberties given to our government. Our government has no liberty unless and until “we the people” say so.

God bless America and let’s stand by everything that was and is good in our lives, in our communities and in our country.

Otherwise, America as the true North Star for humanity will cease to exist as we know it.

See also:

~Eowyn

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#BlackLivesMatter isn’t about racial justice. Here’s the proof

#BlackLivesMatter protests are not about racism, “racial justice” (whatever that means), “social justice” (whatever that means), anti-slavery, anti-Confederacy, or anti-“white supremacy” (whatever that means).

#BlackLivesMatter protests are chaos for chaos’ sake, destruction for destruction’s sake — like Heath Ledger’s portrayal of the devilish Joker, cackling with glee at the mayhem he wrought around him, in the 2008 Batman movie, The Dark Knight. Ledger’s portrayal of the demonic figure sent him to the dark side and took his life.

#BlackLivesMatter protests are acts of terrorism inflicted on the American people.

Here’s the definitive proof that #BlackLivesMatter is not about race or “racial justice”.

On Wednesday (July 1, 2020) night, #BlackLivesMatter “protesters” set fire to a statue of an elk in Portland, Oregon.

This video of the burning of the elk statue was tweeted by a “protester” who calls itself Tuck Woodstock (@tuckwoodstock), with this comment (Note: N.W.A. is a hip hop group):

Elk fire keeping me warm. N.W.A. playing in the background.

Tuck Woodstock, who has more than 13,000 Twitter followers, describes itself as:

host. Gender & equity educator (sylveon.co). Journalist reporting on PDX protests. Gay songs

. Biracial. They/them. DMs open.

~Eowyn

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1 in 3 Americans believe civil war is likely in 5 years

BlackLivesMatter riots continue to blaze across America.

Mobs in paroxysms of blind rage and demonic glee topple statues of our Founding Fathers, presidents, and historical figures Confederate or not, which belie the rioters’ ostensible cause of anti-racism.

Tbis is no longer about racism.

What we are witnessing is not just anarchism, it is chaos for chaos’ sake, destruction for the sake of destruction. Like the Taliban in Afghanistan who tore down and defaced Buddhist statues, the rioters today are tearing down historical symbols to obliterate American history itself.

If they could, they would topple the Statue of Liberty.

Amidst all the statue-untoppling, rioting, looting, burning, and occupation of city blocks, mayors and governors do nothing.

Democrats in Congress, especially their leader House Speaker Nancy Pelosi, not only do nothing, they are silent — their silence an unspoken acquiescence and approval. The Republicans are little better.

The only public figure who is vocal in his condemnation of all the anarchy and mayhem is President Trump, but he receives little to no support from his own party.

It is no wonder that the latest Rasmussen poll found that as many as 34% of U.S. likely voters, i.e., one in three, think that civil war is likely sometime in the next five years. 9% believe civil war is “very likely”.

Last year, 31% of Americans thought civil war was likely; the year before, in 2018, it was 11%.

The national phone and online survey of 1,000 likely voters was conducted one June 11 and 14, 2020 by Rasmussen Reports. The margin of sampling error is ± 3 percentage points with a 95% level of confidence.

Other findings:

  • 40% of Republicans, 38% of nonpartisan or unaffiliated, and only 28% of Democrats see a second war on the horizon. 
  • 39% of all likely voters believe the removal of Confederate symbols, names and monuments throughout the country honoring those who fought in the first civil war will help race relations. 27% disagree and think it will hurt race relations instead; 28% think removing public traces of the Confederacy will have no impact.
  • 37% of likely voters think the current protests over the killing of George Floyd by Minneapolis police officers will lead to long-term, meaningful racial change in America. 31% disagree; 32% are not sure.
  • Race: Just 29% of blacks believe the current protests will lead to long-term, meaningful racial change in America, compared to 35% of whites and 48% of other minority voters. Blacks (54%) are far more confident than whites (36%) and other minorities (40%), however, that the removal of Confederate symbols, names and monuments will help race relations.
  • Gender and age: Women and those under 40 are more supportive of the current anti-police protests and the anti-Confederacy drive than men and older voters. Younger voters worry most about another civil war.
  • Political party: 64% of Democrats think getting rid of all traces of the Confederacy will help race relations, a view shared by only 19% of Republicans and 31% of unaffiliated voters.

~Eowyn

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Police dismantle Antifa’s autonomous zone in Portland, OR

Yesterday morning, Portland police dismantled the city’s copycat Antifa “autonomous zone”.

The Antifa thugs had occupied what they called their zone overnight.

The chatter on Twitter is that Portland mayor Ed Wheeler, a Demonrat, had the police dismantle the autonomous zone only because the Antifa thugs had set up the zone in the city’s Pearl District right in front of his condo.

Pearl District is Portland’s central business district.

This is confirmed by Oregon.live, as well as KOIN morning reporter Elise Haas.

Another Demonrat mayor also did a 180° (I refuse to call it a “change of heart” because it’s not) on the thugs who were vandalizing businesses in downtown Olympia, WA, because her own home was vandalized.

Sean Hannity reports yesterday that Mayor Cheryl Selby “had a change of heart this week regarding the anti-police protests sweeping the nation; labeling the demonstrators ‘domestic terrorists’ after they vandalized her home.”

Mayor Cheryl Selby plaintively whined: “I’m really trying to process this. It’s like domestic terrorism. It’s unfair. It hurts when you’re giving so much to your community.”

Blah, blah, blah.

Meanwhile, Antifa’s “autonomous zone” in Seattle is still there. See:

~Eowyn

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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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Seattle mayor Jenny Durkan defends Antifa occupation of 6 city blocks as ‘peaceful’ expression of ‘community’

Last weekend, Antifa — the radical left group whom the Obama administration  had identified as domestic terrorists four years ago — took over, barricaded and occupied six city blocks in the Capitol Hill region of Seattle, WA, and declared the territory as their “autonomous zone” — Capitol Hill Autonomous Zone (CHAZ).

Antifa then proceeded to act like the terrorists that they are by declaring local rapper Raz Simone as their first warlord, “defending” CHAZ with armed guards and homemade chemical weapons (chlorine gas), and terrorizing the hapless owners of businesses within those six blocks, demanding they pay for “security” and “protection” to the tune of, in one case, as much as $500.

President Trump immediately issued a warning to Demonrat Washington governor Jay Inslee and Seattle mayor Jenny Durkan that if they did nothing, he will stop the occupation — a warning that Inslee and Durkan blithely ignored.

It gets worse.

Cristina Laila reports for The Gateway Pundit that instead of dispatching the police or calling the National Guard to dispel the Antifa occupiers, Mayor Durkan, 62, is coddling the occupiers.

Denouncing calling Antifa “terrorists,” Durkan declared her solidarity with the occupiers, insisting that their takeover and occupation of six city blocks to be a “lawful,” constitutional (“first amendment”) and “peace[ful]” “self-expression” of “patriotism,” “free speech” and “community”.

Durkan even oh so thoughtfully provided the terrorist occupiers with port-a-potties.

Durkan also directly defies President Trump’s authority by declaring she will not “allow” the military into Seattle to dispel the occupiers.

The next move is yours, President Trump.

If you do nothing to stop this, this will be the beginning of civil war and the long-predicted break up of the no-longer United States of America.

~Eowyn

Drudge Report has gone to the dark side. Check out Whatfinger News, the Internet’s conservative frontpage founded by a military veteran!

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