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Magistrate throws the book at Gov. Haslam & TN Reublicans

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Tippy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 09:28 AM
Original message
Magistrate throws the book at Gov. Haslam & TN Reublicans
"It's not every day you get to see a night court magistrate smack down the governor of Tennessee," a legal observer said outside the Metro Courthouse at 2:30 a.m. today, as fog shrouded downtown in mist.

Yet that's what happened in the early morning hours, as Metro Night Court Judge Tom Nelson told the troopers who arrested 25 peaceful Occupy Nashville protesters at midnight on Legislative Plaza — along with Scene reporter Jonathan Meador, who was attempting to get off the plaza when he was cuffed and hauled off — that the curfew being enforced at the Capitol had no constitutional grounds whatsoever.

"I have reviewed the regulations of the state of Tennessee, and I can find no authority anywhere for anyone to authorize a curfew anywhere on Legislative Plaza," Judge Nelson told a grimacing trooper, before ordering the immediate release of everyone arrested.

http://www.nashvillescene.com/blogs/pitw/

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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 09:33 AM
Response to Original message
1. Did he call the trooper sir as he delivered the smackdown?
Magistrates tend to do that ;)
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Tippy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 10:16 AM
Response to Reply #1
3. I am sure he did...
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 09:34 AM
Response to Original message
2. Nice!
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starroute Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 11:47 AM
Response to Original message
4. This was the second time round -- no wonder the judge was angry
Nashville rushed through a new regulation just to criminalize overnight protests, then arrested a bunch of occupiers 14 hours later. That was at 3 am in the early hours of Friday. The same judge refused to sign the warrants on grounds of insufficient notice, ordered everyone released, and issued a dressing-down to the police.

So the cops went out and did the same thing all over again last night -- and the judge did *his* same thing all over again this morning. Only now he's not just talking about insufficient notice but is saying that the curfew itself is unconstitutional.

Marvelous.

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socialist_n_TN Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 12:47 PM
Response to Reply #4
7. I might be wrong, but I think that the state rushed through
the new regulation. If the city did it it was under state pressure. And it wasn't the Nashville cops, it was the Tennessee State Troopers.

That's really the point. The Nashville city administration and the Nashville cops were probably deemed too "unreliable" to enforce the new regulation. So the governor (R) pushed it through and sent in State Troopers.
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starroute Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 02:30 PM
Response to Reply #7
10. You're right -- I was using "cops" loosely
But this is about the state and not the city.

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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 11:49 AM
Response to Original message
5. zing!
:woohoo:
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Hotler Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 11:49 AM
Response to Original message
6. k&r n/t
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 01:10 PM
Response to Original message
8. Let this be but the first of whatever barrage of rockets is needed to be shot up the asses of
Haslam, Gibbons, et al. :patriot:
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 01:17 PM
Response to Original message
9. they delayed the release by hours
kept them in a garage, among other venues before relase that next morning, according to a victim of this outrage on Countdown last night.
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