City of Charlottesville Sues “Militia” Screwballs
Remember our reporting about the “militia” group American Freedom Keepers who waltzed into Little Cambodia last month with a racist motorcycle club, running out FEMA and other workers and declaring themselves in charge? Remember how we wrote about how gun crazies often try to recast themselves as dewy-eyed do-gooders when their gun-slinging gets them into a world of trouble?
Welp, things are not going well for AFK, as they’ve been named in a lawsuit filed by the City of Charlottesville and others for the riots that they made worse by their gun toting presence in August. AFK was named among other groups, especially the one that calls themselves the Pennsylvania Light Foot Militia, a bunch of gun nuts from Latrobe Pennsylvania led by “Colonel” Christian Yingling (yeah, sure), whose image was all over the media that weekend declaring himself and his crowd in charge.
The filing is pretty clear and certainly damning of the actions of our friends and the other private militia groups who decided to take over “peacekeeping” (translation: protecting violent racists) at the time. NOW, instead of begging for money to burnish their image for their “charity” work in Texas, they get to beg for money for lawyers. They’re calling themselves the Charlotte 32 as if they’re some poor persecuted group of innocents. They also love themselves some Latin. Their new motto copied from Wikipedia is Si vis pacem, para bellum, which translates roughly to “If you want peace, prepare for war”. It seems like a pretty silly motto, being that they started the war in Charlottesville by showing up and trying to take over.
You can bet they’re pretty worried, too. The lawsuit states:
“In language that dates back to the Virginia Declaration of Rights of 1776, Article I, Section 13 of the Virginia Constitution provides that “in all cases the military should be under strict subordination to, and governed by, the civil power.” A section of the Virginia Code is dedicated to prohibiting “unlawful paramilitary activity,” as specified therein. See Va. Code Ann. § 18.2-433.2. And another state statute forbids falsely assuming the functions of any peace officer or law-enforcement officer. See id. § 18.2-174.”
Oh, and it gets better:
“As the United States Supreme Court has long recognized, ‘Military organization and military drill . . . are subjects especially under the control of the government of every country. They cannot be claimed as a right independent of law.’ And for good reason: ‘[T]he proliferation of private military organizations threatens to result in lawlessness and destructive chaos.'”
That lawlessness certainly happened in Charlottesville with one death and many injured. This suit makes for pretty juicy reading for 79 pages. Among other things, the City of Charlottesville seeks injunctive relief to keep these dangerous screwballs out of Charlottesville in an effort to take their city back from racists and weirdos.
And it’s not a moment too soon.
A “Yingling” from Latrobe? Yeah, sounds about as legit as I’d expect. 😉
FYI, Latrobe, PA is the long time home of Rolling Rock (or at least it was until a corporate buy/sell -out).
Yuengling beer is actually brewed in Pottsville, PA. Heh heh.
Screwballs indeed.
1;-D
Yep, all these clowns call themselves by fake names. Christian Yingling, Francis Marion, etc. etc. They think they’re fooling people.
2While I realize they present a real and present danger, I’m wondering whether the city has standing in terms of what might happen in the future. Might it be a little difficult to litigate future bad acts?
3The “Charlotte 32” – how droll and appropriate in an ironic way. These wannabe militias so want to play military without an invitation, it’s only fair that we accord them a military style Article 32 hearing. They should like that. Make them feel special; no ordinary preliminary hearings for these fine electronic scooter commandos.
How the ‘properly equipped’ squirrel goes squirrel hunting: http://www.rentittoday.com/rental-blog/wp-content/uploads/2013/07/TERMINATOR-WHEELCHAIR.jpg
4Why don’t militia members use fake Russian names? Too obvious?
5It’s about time someone took on these wingnuts. Private militia groups are dangerous (see the Posse Comitatus). The continued weakening of the term “militia” seems to indicate nowadays any group of chowderheads with guns and cast offs from the Army-Navy store, dressed in tacticool gear.
Unfortunately for Charlottesville (or anyone else), Federal law was changed to define “the militia”: 10 U.S. Code § 246 – Militia: composition and classes
Under the law, all able bodied males between 17 and 45, and any woman part of the National Guard. The militia has two classes:
a) The organised militia: National Guard and Naval Militia
b) The unorganised militia (everyone else). The unorganised militia is those people not under training and command by the Government.
The City of Charlottesville is going to have to get around that law which has been on the books since 1956 (as in overturn it).
While I am not a lawyer nor play one on television, a law older than I am would be difficult to get struck down.
6I disagree. Even the “unorganized militia” can be called up by state (or authorized local) government. You can’t just organize and call yourself a militia. This concept is enshrined in the Constitution. All military are under the authority of civil government.
7This will certainly be an interesting case. With the courts stacked against us I’m not hopeful, but anything can happen. That being said, the bleed over to the second amendment might be too much for the conservative justices no matter the case law or historical precedent. Still, we can’t sit idly by and allow these groups to frighten us into submission.
8James, overturning this McCarthy-clone scare law certainly would not possible unless we elect Northam and Herring. The “other” side, Gillespie and Adams are focusing on the terrible depredations of MS-13 in order to keep people shaking in their shoes, instead of paying attention to the zombie apocalypse under their noses.
9This gives me a smiley face! I am even more determined to move to Charlottesville. While it is well known as the seat of old Tom Jefferson and his school, it is also chock a block with lawyers! Am hoping that somewhere along the way someone more literate than I with a really good historical and legal background will make note that a long time ago in certain areas of the country the militia existed for only one reason: to maintain slavery by preventing insurrections from that sector as well as overcoming the same.
10“The “other” side, Gillespie and Adams are focusing on the terrible depredations of MS-13 in order to keep people shaking in their shoes, instead of paying attention to the zombie apocalypse under their noses.”
Linda, you are correct. I’ve seen multiple Adams ads referencing MS-13, as a major danger to our way of life. The problem is, I would guess 98% of the viewing audience hasn’t the foggiest idea what the hell he’s going on about. it’s possible there’s a presence in NVA (Prince William & Fairfax), but even there I doubt it’s a major issue.
11cpinva, I recently discovered that about half or maybe even a little more of the MS 13 gang members are actually American citizens. I would bet that Gillespie and Adams do not know that! There are clumps of them in New Jersey, New York ad California. I don’t know if law enforcement is all that harried, but they seem to use MS 13 as a generic term for whatever.
12As El Jefe says, those of us who have actually read the Holy Constitution will recall Article II, Section 2 where it says “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States”.
Those militianeers should be unhappy that our current quasi-President didn’t endorse them more strongly. Are they acting under his orders, or are they really just rogue warlord-wannabes?
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