US Marine Detained In A Psychiatric Hospital Over Anti-Government Facebook Posts

The US Goverment Is Using Techniques of Represion Copied From the Communists and The Fascists

UPDATE: A circuit court judge has dismissed  the government’s case against Brandon Raub and ordered that the Marine  veteran, detained over anti-government Facebook  posts, be released from a state psychiatric hospital because authorities had no  grounds to detain him, Catie Beck of CBS  6 News reports.“This is a great victory for the First Amendment and the  rule of law,” Rutherford Institute president John W. Whitehead said in a press  release.

ORIGINAL: Brandon Raub’s attorneys have filed a  motion to suspend the August 20 ruling that ordered Raub to be involuntarily admitted to a psychiatric ward.

On August 20 the 26-year-old Marine veteran was committed  to a psych ward for up to 30 days after he was detained on August 16 in  connection to Facebook  posts that are critical of the official story regarding 9/11 and refer to  “starting a revolution.”

Raub’s lead attorney, John  Whitehead of the Rutherford Institute, told BI that the August  20 order was “rubber-stamped” and indicative of the corrupt system in  Virginia.

“The special justice is very old,” Whitehead said. “He had trouble  hearing Brandon. He brought into the courtroom a personal cassette player – we  tried to listen to it and you can hardly hear what’s being said. This is the  so-called judge – he’s a lawyer, not a real judge – it’s like what you  would see in a bad movie.”

Whitehead said that every year in Virginia more than  20,000 people are committed under similar circumstances and “that  means a lot of people are disappearing” under the pretext of  mental illness.

“I’m friends with the local police; I could call them right now  and probably get you committed if you were in Virginia,” Whitehead said. “They  can arrive at your door based on somebody’s testimony or your Facebook page and  take you away to a mental hospital… There’s a system here that is  corrupt. And this guy is caught in it.”

In  the motion Raub’s lawyers argue that since the initial orders to detain Raub  did not follow the Virginia law that the Chesterfield PD cited, Raub’s initial  and continued detention is unlawful.

“If they’re honest, he’ll be out early,” Whitehead said.

Chesterfield police stated  that they “took Raub into custody for evaluation in accordance with  Virginia State Code § 37.2-808 Emergency custody.”

But according to Va.  Code§ 37.2-808, a person in emergency custody  may only be held for four hours unless a magistrate enters a temporary detention  order (TDO)  during that time.

Raub’s lawyers argue that since the magistrate entered the  order more than eight hours after he was taken into custody, the  District Court “lacked any basis (much less  clear and convincing evidence) to conclude that Raub (i) has a mental  illness, and (ii) that there was a substantial likelihood that, as a  result of such mental illness, Raub will, in the near future, cause serious  physical harm to others, as Va. Code 37.2-817 specifically requires.”

From  the motion:

“The government’s power to  involuntarily admit an individual for evaluation of a mental illness is a  creation of statute. Because an order providing for such admission deprives a  citizen of his liberty, to protect citizens from an overreaching government the  Virginia legislature has created a specific, detailed procedure, set forth in  Virginia Code § 37.2-800, that must be followed before an individual can be  involuntarily admitted. In the present case, that procedure was not  followed. As such, the District Court’s August 20, 2012 order is  void.”

When asked about the motion directly contradicting the  statement made by Chesterfield police, Chesterfield  PD public information coordinator Elizabeth  Caroon told us “As this is not a criminal matter, we have no further  comment.”

Beyond the “fatal procedural deficiencies,” Raub’s lawyers argue  that the evaluations of Raub “utterly fail” to provide evidence that Raub is  mentally ill and potentially violent, adding that any mention of Raub’s Facebook  posts in the orders violates his First Amendment right to freedom of speech.

Whitehead said that the posts cited as “terrorist in nature” were  part of a private Facebook game called Illuminati that  Brandon was playing with his brother and sister, which the government spied  on.

The motion states that at the very least Raub should be  transferred from Salem to John Randolph until the appeal is heard because Raub  is from the Richmond area, Salem is 188 miles away from Richmond and Raub’s  lawyers need regular face-to-face access to Raub so that Raub can provide  information and participate in his own defense.

Whitehead said that Brandon is “very calculated, very  intelligent, very lucid” and that Brandon said his social worker is nice  and doesn’t ask him much as they “chit-chat and drink coffee.”

In  an interview earlier this week, Raub – who served in Iraq and  Afghanistan as a sergeant with the 1st Platoon, Charlie  Co., 4th Combat Engineer Battalion – said he found the situation  “extremely ironic” because he was considering reenlisting in the Marine  Corps.

“The best thing they can do now is say ‘We’re not going to charge  this guy, we’re going away.’ But we’re not going to let this go away,” Whitehead  said.