Updated 21 August 2012
The recent arrest/detention of a decorated, honorably-discharged U.S. Marine is raising serious concerns about the federal government policing peoples’ thoughts and political speech – a right guaranteed to U.S. citizens in the Constitution.
According to a report by WTVR CBS Channel 6 news, attorneys from the Rutherford Institute, a nonprofit civil liberties group, are now representing former U.S. Marine Brandon Raub. The 26 year-old was detained on August 16, 2012, by Federal authorities – apparently solely for posting controversial opinions on Facebook.
The Rutherford Institute issued this statement on August 20:
The Rutherford Institute has come to the defense of a former Marine, 26-year-old Brandon Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page.
Although the FBI and Chesterfield County police have not charged Brandon Raub, a resident of Chesterfield County, Va., with committing any crime, they arrested Raub on Thursday, August 16, 2012, and transported him to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook (FB) posts were controversial and “terrorist in nature.”
In a hearing held at the hospital, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward.
In coming to Raub’s defense, Rutherford Institute attorneys are challenging Raub’s arrest and forcible detention, as well as the government’s overt Facebook surveillance and violation of Raub’s First Amendment rights.
“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. This should be a wake-up call to Americans that the police state is here,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”
Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months.
Like many Facebook users, Raub uses his FB page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users.
On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will.
Outraged onlookers filmed the arrest and posted the footage to YouTube. Law enforcement officials have stated in press reports that Raub was not arrested. However, as attorney John Whitehead points out, if the police have put handcuffs on you and you’re being held against your will, that qualifies as an arrest.
In a hearing before a judge on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration.
Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, the judge agreed that Raub should be incarcerated at a VA hospital for up to 30 more days.
Rutherford Institute attorneys are working to challenge Raub’s detention and the highly unconstitutional nature of the government’s actions.
The video linked here includes a segment from a recent broadcast on the Josh Tolley Show. In this August 17, 2012 clip, host Josh Tolley interviews Kathleen Thomas, the mother of honorably discharged U.S. Marine Sergeant Brandon Raub.
According to Thomas, her son served honorably in both Afghanistan and Iraq. Thomas alleges that her son was taken into custody by Federal Bureau of Investigation (FBI) and U.S. Secret Service agents, as well as Chesterfield County (Virginia) Sheriff’s deputies. She claims that law enforcement officers “questioned him about his Facebook posts.”
Thomas also states that Raub was not arrested, and was not informed of his Miranda rights. According to Thomas, her son was taken directly to John Randolph Medical Center in Hopewell, Virginia.
At the 10:15 mark, the radio show clip ends, and the viewer can see a man in handcuffs being put into a marked police car and driven away.
A brief search of Facebook seems to indicate that Raub created at least two accounts. His original profile, as Brandon J Raub:
His second profile, as Raub Brandon:
This second profile contains an interesting description:
In addition to Facebook activity, Raub has contributed several posts on a blog titled “Don’t Tread on Me.” His articles there include:
There must be more to this story. We will post updates as they become available.