On Thu, 28 Apr 2005 08:34:48 -0700, "John Smith"
wrote: Open your eyes, if you haven't noticed MANY don't seem to have any respect for the law--pay attention. If it isn't the same in your city I am happy for you--but here it is just getting damn dangerous!!! The downright silly decisions the judges are making is ONE MAJOR cause, the youngsters are laughing behind judges backs... Would you even begin to attempt to convince me that you get anything more than the justice you can afford? Those lawyers are not going to be bothered with freebanders/CB'ers--they simply don't have the type of money the lawyers need to fill their pockets.... Get real... Regards, John anyone that makes a response to post and doesn't quote the original post so that we know who the hell you are responding to, is dumber than a ****ing ice cube!!!! |
On Thu, 28 Apr 2005 08:40:49 -0700, "John Smith"
wrote: Those hams are just about to get one BIG surprise... Those export radios are ending up in Mexico, with BIG Liinears! I hope all those hams can speak Spanish. And, furthere south, the South American skip should just get better and better! grin Regards, John anyone that makes a response to post and doesn't quote the original post so that we know who the hell you are responding to, is dumber than a ****ing ice cube!!!! |
On Thu, 28 Apr 2005 08:47:04 -0700, "John Smith"
wrote: You waste your time, attempting to show logic to Dave, he is obivously a ham or "ham groupie." He is just here to stop any progressive changes--write your congressmen!!! Anyway, whether he does what he does or not--the winds of change begin to blow.... Regards, John anyone that makes a response to post and doesn't quote the original post so that we know who the hell you are responding to, is dumber than a ****ing ice cube!!!! |
On Thu, 28 Apr 2005 10:10:55 -0700, "John Smith"
wrote: Your arguments ALL would call for a CHANGE!--I am simply stating what IS... GET REAL! Regards, John anyone that makes a response to post and doesn't quote the original post so that we know who the hell you are responding to, is dumber than a ****ing ice cube!!!! |
On Thu, 28 Apr 2005 10:56:45 -0400, Dave Hall
wrote in : On Thu, 28 Apr 2005 05:19:51 -0700, Frank Gilliland wrote: On Thu, 28 Apr 2005 07:24:02 -0400, Dave Hall wrote in : the commission usually sends a warning to an alleged violator prior to issuing an NAL. If the warning is ignored then the subsequent NAL is prosecuted as a violation that was done both willingly and -intentionally-. Ok, you win that one. That is usually the case. The facts are that there ARE illegal intruders on 10 meters. The how's and why's are irrelevant. Intent is -very- relevant because some of those dopes don't know that they are operating illegally. (and there are those who think we should open up the whole spectrum to dopes like that. A perfect example of why there are licenses and rules) Ignorance of the law is no excuse. At least it didn't used to be. With all the liberals running around looking to paint every lawbreaker as a victim, I guess ignorance might be a legitimate excuse now. I see it a little differently: When we the people are subject to mountains of laws that can be fully understood only by an army of lawyers, ignorance can be a very reasonable excuse in many cases. It's simply impractical (and nearly impossible) for the average citizen to know and understand all the laws that apply to every circumstance. I agree, the law was never intended to be so complicated that only a legal expert can comprehend all the nuances of it. I tend to believe that lawyers do this deliberately to justify and continue their existence. Maybe a few think that way, but I think it's mostly to protect against the ambulance-chasing opportunists that force court interpretation of every little flaw, as you stated with the following: Even worse is when a seemingly cut and dry law get's "what-if'd" to death in a courtroom battle of hypotheticals which may never occur. This is why you are required to sign dozens of forms for what should be a simple transaction in many cases. snip It's true that the FCC usually sends out warning notices first, but they don't have to. That's called discretion (the better part of valor). Actually, they do need to send out those notices in almost all cases. The reason behind it is the FCC's pseudo-constitutional system of law enforcement and the need to establish "willful and malicious" conduct of the violator. This bypasses the criminal court system, forwards the forfeiture order directly to the DOJ for collection, and pre-empts evasion of payment if the violator files for bankruptcy -- an NAL is a debt that cannot be discharged under any chapter of bankruptcy law. If the debt -was- dischargeable then the FCC would be forced to file an adversarial complaint and subsequently defend their law enforcement practices in Federal court, which is something they have no intention of doing because they would lose. This is interesting. The FCC has in the past taken certain violators to criminal court. In the vast majority of cases though, you are correct. There would seem to be some threshold which determines their course of action. What I am especially curious about is your assertion that if the FCC took a clear violator to federal court that they would lose. Why do you feel that way? I would presume that once the FCC decided to act upon a violator that they would have enough evidence to prove their case. It's not a matter of taking someone to court on criminal charges, it's about the NAL system of enforcement. The evidence may be overwhelming and uncontested, but the procedure is probably unconstitutional as the Supreme Court has suggested in at least one opinion. So the FCC avoids any constitutional challenge to the NAL, even to the point of settling before it goes to court. You suggested that there is some threshold they use to decide which actions to take, and I would suggest that you are right -- a critera based on the willingness and resourcefulness of the accused to mount a legal challenge against the FCC's NAL system. ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups ----= East and West-Coast Server Farms - Total Privacy via Encryption =---- |
On Thu, 28 Apr 2005 11:42:39 -0700, "John Smith"
wrote: Yeah, we know that is YOUR opinion... big deal... John you are just an ignorant freebander, still dumber than an ice cube. Hams Rule!! |
On Thu, 28 Apr 2005 11:43:17 -0700, "John Smith"
wrote: Read my above post, it is still valid here... Regards, John read my post above still valid here. down with freedand!!!! |
On Thu, 28 Apr 2005 11:44:21 -0700, "John Smith"
wrote: Read my top, new, post, still valid here... John more proof that you are dumber than dog **** Hams Rule the world!!!! |
On Thu, 28 Apr 2005 11:49:34 -0700, "John Smith"
wrote: Uh, from now on, just refer to my first post on this subject, or attempt to memorize it--it is only ONE LINE FOR CRISSAKES!!! John your posts make no sense,ice cube mentality!!! |
On Thu, 28 Apr 2005 12:10:23 -0700, "John Smith"
wrote: Forget that! Just write this down on a piece of paper, "REMEMBER! Next doctors visit, ask him about a medication for Alzheimers." And, pin it on your chest! John quote text, than you won't look so ignorant Hams Rules the world!!! freebanders are ignorant wanna be hams |
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