Freedom Outpost – by Tim Brown
While acting as if they are holier than the rest of us when it comes to gun control, the Obama administration defended agents of the Drug Enforcement Agency’s use of force against the 11-year-old and 14-year-old daughters of Thomas and Rosalie Avina. The “excessive” force included putting a gun to the youngest girl’s head. Attorney’s for the Obama administration defended the actions of the agents arguing that “the DEA agents’ conduct was plainly reasonable under the circumstances,” under the Bush administration in 2007.
What kind of circumstances would lead one to think it was “reasonable” to put a gun to an 11-year-old girl’s head?
According to Reason.com:
After subduing their parents, agents broke into the two girls’ bedrooms during a wrong-door raid in January, 2007. The oldest of the two girls dropped to the floor and was handcuffed by agents before being dragged into the living room and laid next to her mom and dad. The 11-year-old, however, was sleeping when agents came into her room. As they began to shout at her to “get on the fucking ground,” the girl woke up and “froze in fear.” Agents then dragged her from her bed to the floor. One agent handcuffed her while another aimed a gun at her head.
The Obama administration’s argument is based on the agents’ belief that the home they were preparing to raid on January 20, 2007, belonged to suspected drug trafficker Louis Alvarez, who “had a history of violence and resisting arrest.” The agents anticipated that Alvarez would be armed, and that the only way they could safely arrest him would be with an early morning raid. While agents would later learn that they had the wrong house, they didn’t know that when they battered down the Avinas’ front door, guns ready.
The Ninth Circuit Court of Appeals ruled in the matter that agents were acting within the law when it came to the parents, especially the father who resisted the orders barked out by the agents and was handcuffed at gunpoint. The Obama administration argued their case based on Muehler v. Mena, which established the right of law enforcement agents to detain residents during a raid for an unspecified amount of time (Notice that the term “rights” are being transferred from citizens to government officials).
Just how did the Obama administration attorneys handle their presentation of the agents handling of the little girls?
Agents also entered the bedrooms of plaintiffs B.F. and B.S. Avina, who were then fourteen and eleven years old, respectively. Both girls were in bed at the time, and B.S. was sleeping. B.F. complied with the agents’ instruction to get on the ground, and the agents thereafter handcuffed her. B.S. initially resisted the instruction, and agents responded by assisting her to the floor and handcuffing her. The agents did not use profanity in speaking to the girls.
They “assisted” her to the floor. Isn’t that a nice way to put things? Perhaps it was similar to the Elian Gonzalez raid. Remember that, where armed federal agents went in and took him from family to send him back to Cuba after his mother gave her life so that he could live in America?
At first the Obama attorneys said there was no profanity. Later they would simply play it down:
In response to plaintiffs’ contention that “the allegedly extensive use of profanity somehow contributes to a finding that the agents used unreasonable force,” the [lower] court noted that there was “no evidence that suggests any use of profanity was extensive.” To the contrary, the court observed that “the evidence demonstrates that the agents sparsely used profanity,” and “did so only in association with commands during entry directed solely at the adults.” Id. “Though B.F. Avina testified that she heard profanity used in the background during the agents’ entry, neither B.F. nor [B.S.] Avina testified that any of the agents used any profanity directed at them.” Id. (internal citation omitted).
Yet according to the Ninth Circuit Court’s Ruling, the daughters did testify to their use of profanity. Not only that but the Obama attorney omitted that one of the officers aimed his firearm at the 11-year-old’s head.
The Obama administration asked the Court to uphold a lower court’s ruling on the matter:
Having probable cause to believe that a drug-trafficker was living at plaintiffs’ residence, DEA agents obtained warrants to arrest the suspect and to search the residence for firearms and other evidence of illegal drug-trafficking. Plaintiffs were home when agents executed the warrants, and the agents reasonably detained plaintiffs, in handcuffs, while securing the premises. Finding no evidence that the agents used force beyond that necessary to handcuff the plaintiffs, and concluding that the agents’ use of strong language was not excessive, the district court granted summary judgment for the United States on plaintiffs’ claims of assault and battery and intentional infliction of emotional distress. This Court should affirm the district court’s judgment, as plaintiffs have adduced no evidence indicating that state law would impose liability in like circumstances.
In the end, DEA raided the wrong house. Surprise! Should they not be held accountable for their actions and lack of knowing where they should have raided? The Obama administration says “No”:
Plaintiffs [the Avinas] offer no argument or evidence suggesting that the agents did not in good faith act within the scope of the warrant in this case. As plaintiffs note, evidence exists that the affidavit supporting the warrant erroneously stated that Alvarez’s car was registered to plaintiffs’ address. But this deficiency was not apparent from the face of the warrant and therefore does not implicate the limited exception to Leon; there is no indication of any kind that the agents executing the warrant had reason to know of the error and acted other than in good faith. To the contrary, the statement in the affidavit regarding the registration would tend to confirm the existence of probable cause to search the residence.
Ladies and gentlemen, it appears that the Obama administration wants you and your children to be defenseless in order that none of their “officers” are hurt during a raid on your home, but that’s not all. They really do want to remove as many firearms from the American public as they can. They want you to think they care about “the children.” But you can see from this case, that they will go to all sorts of lengths to disregard the fact that their agents used excessive profanity, excessive force, and brought to bear extreme emotional trauma on the minds of both of these girls, including putting a gun to one of their heads. Do you really think Barack Obama cares what happens to kids at a school in Newtown, Connecticut?
Read more: http://freedomoutpost.com/2013/01/obama-admin-once-defended-agents-putting-gun-to-little-girls-head/#ixzz2HdM5BmAv
10 thoughts on “Obama Admin Defended Agents Putting Gun To Little Girl’s Head”
Yet, don’t worry people because old Mr. Malarkey himself, Joe Biden will fix that “moral” issue for us, won’t ya, Joey boy?
Oh wait! That only applies to us people with guns, not the government. My bad. Where are MY “morals”? Does little Joey even know the definition of the word “morals”? Apparently not.
I couldn`t even read this aticle. I have no kids but I have brothers that have some beautiful kids!! and if I ever saw any cop or some F`n punk do anything to those kids there would be major probs. !! AND I DON`T MEAN MAYBE!!!!!!!!!!!!!!!!!!!!!!!!!!!!
These DEA would make great IDF soldiers.
They may have received training in such tactics in Israel. The Anti-Defamation League and Southern Poverty Law Center have sponsored such training for many of our big cities’ police chiefs. DHS policies are greatly influenced by ADL and SPLC who have a seat at the DHS policy planning table.
The Trojan horses are well inside the gates.
Can we connect with those who have proof of massive government criminality in an alliance? ReDiscover911.com
I am wondering when they are going to realize that other countries see the u.s. as terrorist. Which honestly i dont blame them. But when this country gets attacked arr they gonna hide in their bunkers while we are left unarmed? We are expendable to the n.w.o. I am still wondering where the law is for the president. Bill Clinton got impeached for getting a blow job… WTF?
Collective Punishment has had volumes written on it’s innate unfairness.
There are numberless perverts trading tens of thousands of Kiddie-Porn photos,
But NO ONE demands all cameras and printing presses be banned.
Why COLLECTIVE PUNISHMENT for all gun owners, and not for all POSSIBLE PURVEYORS of KIDDIE PORN?
Where is our “hero” Obama as the mountains of KIDDIE PORN and CHILD SEX SLAVERY flourish?
How many CHILDREN are kidnapped, molested, photographed, and murdered in this country, and NOT A PEEP out of Opothead and his Moronic sidekick.
I can guarantee there are far more dead child victims of KIDDIE PORN Purveyors, then there are of shootings.
Where is the Obama/Biden PIOUS “search for answers” replete with FOREGONE CONCLUSIONS.
I hear ya… I’m sure they will get to that… Installing micro chips in kids so they know where they are at all times… Mark of the beast… Thats when shit is really gonna hit the fan!!!
The DEA can act like thug gangbangers but we cant have guns. Oh, by the way, if you shitbags would legalize marijuana and stop your so-called war on drugs, you would drastically reduce gun violence in this country. Why is it EVERYTHING they do is bass ackwards?
Also alot of jobs and money with green technology to pay off the debt and solve the economic collapse. Legalizing maryjuana would solve SOOO!!!! Many problems in this country its insane!!!!
Sorry, Shawn, but the only thing that will solve most of the problems in this country, and the world as well, would be the total annihilation of ALL Zionists.