US Port of Entry, Photojournalist recommended for Prosecution, 41CFR 102-74.420, First Amendment Right to Photograph

555 Lukeville Port of Entry, US-Mexico Border First Amendment Rights, Photojournalist Recommended for Federal Prosecution at Tucson District Office for violating 41CFR 102-74.420, Photojournalist: Another ACLU Speed Bump. Ops, another one. Stops at the stop sign. Da, dah. Another one stops at the Stop sign dah dah dah dah. Another one stops at the Stop sign. CBP Agent: What are you taking back? Photojournalist: What's that? CBP Agent: What are you taking back? Photojournalist:Uh, a carton of cigarettes and a, uh CBP Agent: Uh huh. Photojournalist: And a, a bottle of, uh, something, let's see CBP Agent: A bottle of what? Photojournalist: Some kind of whiskey or something. CBP Agen: Some kind of whiskey? Photojournalist: Yeah. Or something. CBP Agent: Uh, why are you trying to record me? Photojournalist: I'm not trying to record you, I just record everything. CBP Agent: You record everything? Photojournalist: Yeah. CBP Agent: I'm going to show you something real quick. I want you to point your camera at it. Photojournalist: Uh huh. CBP Agent: See right here? Photojournalist: Yeah. CBP Agent: What does it say? Photojournalist: Yeah, well I don't, uh CBP Agent: No cameras. No cameras. Photojournalist: I'm a Journalist and this is my, my uh, First Amendment Right to record. CBP Agent: Yes it is. This is what I need you to do, okay. Photojournalist: Uh huh. CBP Agent: Pull up on the first booth over here, Photojournalist: Uh, huh CBP Agent: and we'll be with you, okay? Photojournalist: Uh huh. CBP Agent: Pull over right here, okay, please. Photojournalist: If you'd like, you could call my lawyer at the ACLU CBP Agent: See right here, no cameras. Photojournalist: Uh, huh. Talk to my lawyer at the ACLU. Her name is Mitra Ebadolahi. CBP Agent: Okay, pull up on the first booth. And David Loy, call David Loy and, and Mitra Ebadolahi. Major Agent: Hello. Photojournalist: Howdy. Major Agent: How you doing? Photojournalist: Good. Major Agent: What can I help you with? Photojournalist: I don't know, I was looking, I was looking for a Daniel Shaver. Have you seen him around here? Major Agent: Does he work here? Photojournalist: Hm? I don't know, Major Agent: Are you Photojournalist: the Mesa Police Department, The Mesa Police Major Agent: Are you recording me with that camera right now Photojournalist: The Mesa Police Department, like staged his death and I was just kind of looking around the uh, Country. What's that? Major Agent: Can you answer my question? Photojournalist: What's that? Major Agent: Are you recording right now? Photojournalist: Yes, I'm, I'm uh, declaring my First Amendment Right to record and I'd also like, if you'd like to call my lawyers, David Loy, and Mitra Ebadolahi, at the ACLU in San Diego, you can. Major Agent: Your First Amendment Right, let me tell you something, you have a First Amendment Right along with all the other Rights Photojournalist: Uh huh Major Agent: But here, Photojournalist: The ACLU's willing to challenge that, your, your, uh, interpretation of the law, here, and I'm doing that. Major Agent: Well, that's fine and they can do that in the proper, in the proper Photojournalist: And they need, they need somebody to do it before they can do that. They had somebody trying already that didn't follow through and I'm here to follow through. Major Agent: Okay. Photojournalist: So, if, if, Major Agent: Our determination is Photojournalist: Huh? Major Agent: you cannot record. Photojournalist: I've, I've already been told I can record here. Major Agent: or, or Photojournalist: I've had your, uh, the Supervisor, here, tell me I could record right here on the outside of this building. Major Agent: Okay, would you like me to show you the law? Photojournalist: I've seen it. I've read it. I've studied it. Major Agent: Okay, then well you, Photojournalist: I'm here to challenge I'm here to change your interpretation of the law. Which I don't think applies here. Major Agent: That, what does, this is not the proceeding that you can do that in. This is where it has to be done. No, you do it in the Federal Court System. Photojournalist: No, well, they tried to do it in the Federal Court System and somebody didn't follow through. I'm here to follow through. Major Agent: You have to have patience, all right? Photojournalist: I've got, I've got patience. Major Agent: But you can't come down here and violate existing law Photojournalist: It is not violating law. Major Agent: It is violating law. Photojournalist: No, you, you think it's violating law. I don't think it is. I, I,... The ACLU says it isn't, and I am here to change that. Major Agent: I will present you with copies of the law. Photojournalist: I've got the law. Major Agent: Alright then Photojournalist: I've read it. Major Agent: Okay, then I'm telling you Photojournalist: I'm telling you, that you, you interpreted the law incorrectly and your boss said... That you, that it's okay to film out here. He already told me this. Major Agent: No. Photojournalist: I'll give you my, let me give you my card. Major Agent: Okay, give me your card, let me have a look at your ID. Photojournalist: Okay. Major Agent: Okay. Photojournalist: He's got my, uh Major Agent: When you are in a, Photojournalist: He's got my Passport. Major Agent: in a member of ISIS, it's not a point of contention. When you are in this Area Photojournalist: I know it's being contended and I'm contending it. Major Agent: a Federal Inspection Area Photojournalist: Here. Major Agent: Okay, let me see your ID. When you're in the Federal Inspection Area. Alright? Photojournalist: Well that's... that, that Major Agent: So basically.. Basically it says, Constitutional Rights, alright, you have an exception to them. Now once you are in Photojournalist: Just because you make a sign, just because you make a sign does not make your interpretation correct. Major Agent: Once you are admitted and beyond that Stop sign Major Agent: Okay. Okay, the only place in the United States, Photojournalist: Where idiots interpret the law the way they want to interpret it and try to make me believe your interpretation. I don't believe it. The ACLU doesn't believe it. Your boss doesn't believe it. He came out here and told me I could film out here. Major Agent: It is not my interpretation. Photojournalist: It is. Major Agent: I, nor you have the Authority, to to interpret law. Photojournalist: Okay, your boss said I can film out here. Major Agent: That is the Courts that, my boss does not have the authority to make that decision. Photojournalist: Well, I, I... The law, the law says I can come out here and film if I have permission, and I've been given permission. Major Agent: Federal Law says you can't. Long and short of it, if you Photojournalist: I've been given permission to film here. I'm filming here right now. Major Agent: Well, okay. What I'm going to do for you, is I'm going to remand you for Prosecution with Office Chief Counsel in Tucson. Photojournalist: I'm ready. Major Agent: Okay. Good. That's what we're going to do. Because you are in violation of Federal Law. I enforce Federal Law. Okay. Photojournalist: Mm hm. Major Agent: I understand your feelings about it. I have my own feelings. Photojournalist: I don't care about my feelings. I'm just, I'm just challenging the, that law. Major Agent: I don't disagree with your feelings, but I disagree with the law. You, nor I Photojournalist: Right, I disagree with the law too. Major Agent: But you don't have the right to interpret the law. Photojournalist: Right. Major Agent: I as a sworn officer Photojournalist: Mm, hm. Major Agent: Right. I have to enforce the law. Submit you for Federal Prosecution with the Photojournalist: That's be great. Major Agent: with the Office of Chief Counsel. Photojournalist: That's be great. Thank you. Major Agent: But, so right now, you're telling me, let me see if this is correct, I, you stating exactly that you refuse, to, cease, to cease recording. Photojournalist: I am. Major Agent: Then I'm advising you that you are in violation of law. Photojournalist: And I'm saying, I'm not. Major Agent: Well there's Photojournalist: And I and your boss said I'm not, and, and the ACLU said I'm not. Major Agent: Which, which boss was it that told you that? Photojournalist: Hm? I don't know, he's kind of a geeky looking guy with a short, uh, hair and a, I've got a video of him saying that I, it's okay to film out here. Major Agent: But you don't know his name? Photojournalist: I don't remember his name. Major Agent: Do you have any recollection of when, when this information was given to you? Photojournalist: I could pull it up and tell, show you Major Agent: Do you have any recollection? Photojournalist: Huh? I don't, I don't recall, I can give you, I could pull it up right now and on my iPod and show you, him telling me I could film out here. Major Agent: The thing that is important right now is that you understand that you are in violation of Federal Law. Major Agent: Okay. Photojournalist: No, I don't understand. I understand you interpret I am. I, I say, I'm not violating it. Major Agent: I'm just saying I don't interpret law. I enforce law. Photojournalist: Okay, that's fine. That's fine, I'm willing to others interpret it. Major Agent: The Courts. Photojournalist: Yeah, that's fine. That's fine. Major Agent: But until your opinion prevails, if it does, Photojournalist: This is none of my, it's, it's, a, just what other people say. I'm just, I'm just here to, uh Major Agent: Till that point in time, Federal Law exists, existing Federal Law. Is what we actually enforce Photojournalist: I'm, I'm just here to, to challenge it for, for the other people, for the lawyers to say it's okay. Major Agent: Perhaps you're an Attorney, I don't know Photojournalist: I'm not. But I, I... I don't know law at all, hardly. Okay, I'm just, I'm just going by what other people told me, other lawyers, and Major Agent: I'm talking about Federal Law Photojournalist: at this Port of Entry Major Agent: Yeah. No. Federal Law, you can neither record audio or Photojournalist: No, that's been what you've been told to enforce. And that's what you've read the signs and believe it Major Agent: I can show you the United States Code. Photojournalist: I've seen it, I've read it, I've read it a hundred times. Major Agent: It's better than having seen it. I can give you Photojournalist: Okay, you can give me another copy if, I'd like to get your copy, it would be great. It's 41 CFR something, Major Agent: Now there you go Photojournalist: Oh 42 or 18 or suh Major Agent: Okay. Like I say, you, you've, uh you've researched the law yourself. Photojournalist: Yes. Major Agent: Here's a little handout here. Photojournalist: Okay, thank you. Major Agent: Is this your correct mailing address? Photojournalist: Which one? Major Agent: Right here on the 945 N Jefferson? Photojournalist: Yes, that's correct. Major Agent: Is there a number that we can have to give to the Office of Chief Counsel to make contact with you? Photojournalist: 480- Major Agent: 480 Photojournalist: 2 Major Agent: Here's your Passport. Photojournalist: 256 Major Agent: 256 Photojournalist: 2673. Major Agent: Alright, we'll have them get a hold of you and uh, uh, let, you know, like we say, it's not between you and I. Photojournalist: Right. Major Agent: It is the actual, the actual law, Photojournalist: Yeah. Major Agent: The actual law in the Court's jurisdiction. So we'll see what happens. Photojournalist: Okay. Major Agent: What I'll be doing is making a recommendation of Prosecution. Photojournalist: Okay. Major Agent: Of that section of law. Photojournalist: Okay. Thank you, sir. Major Agent: Alright, have a good one. Be careful. Photojournalist: Okay.US Congress Petition: http://ift.tt/29bM2J7 Petitioning US Congress First Amendment Rights at the Gates of the United States of America Robert Trudell Ajo, AZUS Customs and Border Protection bans Photojournalists from filming and photographing at US Ports of Entry claiming a Constitutional exemption using their interpretation of 41 CFR 102-74.420 SS 102-74.420 What is the policy concerning photographs for news, advertising or commercial purposes? Except where security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it, persons entering in or on Federal property may take photographs of- (a) Space occupied by a tenant agency for non-commercial purposes only with the permission of the occupying agency concerned; (b) Space occupied by a tenant agency for commercial purposes only with written permission of an authorized official of the occupying agency concerned; and (c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes. The time is now to stand for the 1st Amendment to the US Constitution rather than letting it lie like a flag burning at the gates to our Country as if we don't own it. We the people of the United States of America in service to all countries and to ourselves deserve a welcome mat at the doorstep to our homeland rather than a stop sign to turn stomachs off to the true beliefs we fight for around the world. I beg, I command, I order all to rise with the United States of America in support of the First Amendment to the US Constitution and allow photojournalists to conduct business at every port of entry to our land without prior written permission.Whitehouse Petition: http://ift.tt/296AkNh We the people ask the federal government to Take or explain a position on an issue or policy: US Customs and Border Protection bans Photojournalists from filming and photographing at US Ports of Entry Created by R.T. on June 19, 2016 Sign This Petition Needs 99,996 signatures by July 19, 2016 to get a response from the White House 4 signed 100,000 goal US Ports of Entry claim a Constitutional exemption using their interpretation of 41 CFR 102-74.420 to implement a photojournalism ban without prior written permission. The time is now to stand for the 1st Amendment to the US Constitution rather than letting it lie like a flag burning at the gates to our Country as if we don't own it. We the people of the United States of America in service to all countries and to ourselves deserve a welcome mat at the doorstep to our homeland rather than a stop sign to turn stomachs off to the true beliefs we fight for around the world. I beg the United States of America's support for the First Amendment to the US Constitution and allow photojournalists to conduct business at every port of entry to our land without written approval. Civil Rights & Equality Government & Regulatory ReformReddit Legal Advice: http://ift.tt/29bM2sF Previous 14 March 2015 US-Mexico Border Crossing at Lukeville Port of Entry: https://www.youtube.com/watch?v=ehhvp6bFggA

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