Supreme Court, Hawaii, Sir Sherie discussed on The Michael Berry Show
That Never seems to rise to being the top news story because there's always a sex scandal or something going on. There's always some stupid statement by some stupid person. It is is good for a few clicks but one of those issues. It's always eighth or ninth or tenth story. Unless you're a real libertarian. You don't even notice but it's a problem encroachments on our liberties. A creep a steady creep into our personal liberties is the civil asset forfeiture procedures in this country. The taking of that which person has without due process and then refusing to give it back or giving back after a long period of time without any sense of explanation. It's wrong it's as wrong as it can be. And we have a fourth amendment for this very purpose. There is an entire piece of american jurisprudence against it. Well that leads us to our guest who has a civil forfeiture case. It's currently on a petition. For cert to the supreme court remember a petition for cert. A supreme court issues. A rid of sir sherie. Which is they will agree to hear a case. Which by the way. I keep hearing from folks that The the lawsuit by the attorney general of texas. Ken paxton That that the supreme court is going to hear it. They're not going to hear it yet. It's on the docket which is just an acknowledgement that it has been Filed that it is an official record. They've not granted cert if he'd here i hope they do. But they haven't so our guest's name is a bidwell not birdwell on your bidwell. And she has a case on petition for cert. The supreme court about prompt hearings property seizures onions that fair. That's absolutely fair. hi how you doing. I'm fine why does this. Where does the anya come from. It's a russian name. oh like what. Part of russia former soviet union country actually called kurdistan. Colonel i clean and you know how cool were you were born. I was born and raised it. Yes were you when you came here. I came here on a university scholarship when i was sixteen years old. And where did you go to university. My undergraduate was actually in a small private college in hawaii. Hawaii university hawaii pacific one of our producers executive produce. Actually chad nakanishi is from hawaii. And he knows everything about hawaii. When the hawaiian government has a question. They call us and ask him so he'll know it is bidwell married name. Yes yes what was your maiden name Oh god ready for it. Casa khansa chad cosso by kosova. You're doing really well. Even my wife's maiden name is van kitchen years prepared absolutely so so you speak kurdish russian. And what else. I understand ukrainian. It's actually funny to hear me talk to my aunt. She still lives in ukraine so she talks to me in ukrainians and i respond to her in russian. Though it's it's very funny. Yep so my wife is from india and win one when her father would call her sister or one of the relatives call from india. Mom goes from being. This woman who lives in texas with the southeast texan accent. A very thick indian english accent but in hindi or telugu depending on which language. They're speaking and we'll be sitting down and having dinner and then she talks very loud because indians are very loud and boisterous over the phone. Like you have to. You know you talk through can't and they'll look and go mom just becomes a different person okay on you. Can you do me a favor. Can you say in russian and pause because winning this later. Can you say you're listening to the michael berry. Show lucy michael berry show. Okay and can you do that in. Kurdish now That actually i do. Because i haven't spoken curtis language in Something like twenty years. So how did he get you some lessons. Because we don't have that in our repertoire. We don't have that encourages. We haven't in russia. Oh yeah that's too bad. I can Maybe look it up and say so. Why is this case that you're bringing. Why is it. Why should people care. Because this is you know as you said in the introduction to this segment dishes is really about our most one-dimensional rights as americans that our property can not be taken from us without due process of law and this case at the end of the day is very much about this and every american should be outraged About the way gerardo surrounded was treated when he was When his truck was taken and not given to him without any hearing for two years okay. So let's talk about the facts of that case we've got about two minutes before this break and then we'll keep talking but lay out the fact pattern in this case sure In two thousand fifteen september. Two thousand fifteen gerardo. was traveling from kentucky And trying to cross the border. Us mexico border in eagle. Pass texas to go see his relatives and he hasn't seen them in ages right so he was very excited. I'm trying to commemorate it by Videoing the crossing of the border so the customs and border protection guards stuck cam and demanded a password found. She said i will delete the videos and did it before. But i'm not gonna give me give you my password. I'm an american You can't just force me to give you a password. So they got really annoyed. They said we're tired of hearing about your rights around here. So they basically forced him out of his brand new f to fifty truck and started just searching through it and then after a while one of the customs and border protection agents yelled out. We got him right and what they found in the truck. Were five low caliber bullets and the magazine right no gun. He also had a concealed carry permit but they found those low caliber bullets. And they call them munitions of war right munitions of war and they took his truck because they said that he was scaring munitions of war at the end of the day. They didn't file charges. There was nothing. They just took his truck. They forced him to walk home on foot and Two years later they were not providing him with hearing. she said at least. Give me a hearing to contest the seizure and they told him that because he asked to see a judge. He's going to take a while so when gerardo got tired of waiting after two years of not having his truck. He filed this very lawsuit. That's going to be before the supreme court on petition for sure. All right on hold with us right there and we're going to talk about cases like this why this is important. And what precedent you hope to establish coming up on. Your bidwell is our guest. This case is on petition. Before.