Scott Walker should commute Brendan Dassey’s sentence

posted at 10:01 pm on January 6, 2016 by Allahpundit

High time we had a “Making a Murderer” thread. If you haven’t watched the series yet on Netflix, you should skip this post. There’d be too much to explain to catch you up.

To those who have watched it, make the case to me that justice was served in sending Dassey away for life. If I’m remembering correctly, there’s not a scrap of physical evidence against him. His blood isn’t in Steve Avery’s trailer or garage or in Teresa Halbach’s car. Halbach’s blood isn’t anywhere on Dassey’s clothes or shoes or any other possession he owns. The sum total of the case against him, a 16-year-old with an IQ of 70 or so, is two cops leaning on him for hours to “be honest” with them as he seemingly tried to guess his way through the details of Halbach’s murder. (It was one of the cops, remember, not Dassey himself who introduced the critical detail that Halbach was shot in the head.) At the end of the interrogation, having just confessed to rape and murder, Dassey asked them if he’d make it back to school for class at 1:30 because he had a project that was due. The kid obviously didn’t understand the consequences of what he was saying, which makes it more probable that he was just telling them what they wanted to hear in order to end the interrogation ASAP. (So, of course, does Dassey telling his mother minutes after the interrogation ended, “They got to my head.”) His lawyer, who later let him be re-interviewed by the cops without counsel present, did a sufficiently horrible job that the court saw fit to remove him. Before he was removed, the lawyer’s own investigator also leaned on Dassey to confess to the crime thinking that was his best chance at a lighter sentence once Dassey’s confession to the police had been ruled admissible. The most memorable sequence of the whole series, I think, was Dassey being urged by the investigator to tell the truth and then writing out an account of what he did that day — and it’s nothing but mundane details about watching TV, playing video games, and then helping Uncle Steve burn some trash around the property. It’s very hard to believe that wasn’t Dassey’s honest recollection of what happened. But the confession to the cops came in and somehow that was enough to convince the jury that a timid, mentally disabled kid helped his svengali uncle rape, kill, and then burn the body of a helpless woman.

I’m ambivalent about Avery’s guilt. I realize there’s evidence against him that didn’t make it into the documentary. His blood in Halbach’s car is difficult to explain, despite the fact that someone clearly did tamper with the blood evidence collected from him in the previous rape prosecution. If he is guilty, though, I don’t understand how he could have had a leisurely, casual 15-minute phone call with his girlfriend right in the middle of the time when the crime was supposedly committed. If he killed Halbach right there on the premises and disposed of the body behind his trailer, I don’t understand why Halbach’s blood is in the back of her own car. Why would Avery have needed to put her in there? And if he was in the car and bleeding from a cut on his hand, where are his fingerprints? I don’t understand how Avery supposedly murdered Halbach in his garage and yet didn’t leave a speck of blood spatter on the floor, the ceiling, the walls, or any of the objects cluttering up the area. If he was that supernaturally diligent in cleaning up the blood at the murder scene, why wasn’t he equally diligent in cleaning up (or crushing) Halbach’s car? And why couldn’t the cops find any of Halbach’s blood anywhere in the trailer or the garage? That must have been one messy crime scene if you believe the state’s account of how she was killed, but not a drop remains outside of the car itself. I think there’s enough reasonable doubt to support a not-guilty verdict under those circumstances, especially given how shady some of the police activity seems to have been (don’t get me started on Colburn running Halbach’s plates days before she was found), but Avery really might be guilty. And it’s a lot to ask a sitting governor to put a guy back on the street who might have tortured, raped, and killed someone.

Is it a lot to ask Walker to commute Dassey’s sentence, though? Dassey’s the most sympathetic figure in the series; even Dean Strang, Avery’s lawyer, has said he’s more troubled by what happened to Dassey than by what happened to Avery. I’ve read various things online arguing for or against Avery’s guilt but no one seems to think Dassey got what he deserved. The political risk, given the public outcry on Dassey’s behalf, is small, especially now that Walker’s ambitions for higher office are behind him. If he finds the idea of a full pardon squeamish because it absolves Dassey too thoroughly of a horrible crime for which he was convicted, he could, I assume, commute his sentence instead. Let him out with time served on the theory that Dassey might have helped Avery dispose of Halbach’s body as an accessory after the fact but it beggars belief to think he was a full participant in whatever happened (or didn’t happen) that day. In light of his exploitation by the police and the ineffective assistance of his counsel, he’s been punished enough. To cover his bases, Walker could send psychiatrists to interview Dassey and assess what sort of threat he is to re-offend. If they give him the all-clear, Walker’s got cover to let Dassey out. People who’ve watched the series will applaud, and those who haven’t and demand to know why the governor’s freeing a murderer will be warned by friends to watch the series and you’ll see. It’s a low-risk way for Walker to correct an injustice and earn some goodwill in the process. Tell me why I’m wrong. And if I’m not wrong, tell the well-meaning dopes who are petitioning Obama to pardon Avery and Dassey that they’re barking up the wrong tree. They were convicted by the state of Wisconsin. Only Walker, as governor, can pardon them. And given how reluctant he is to do so, it’s going to take a lot of petitioning.

If you missed it last night, here’s Megyn Kelly interviewing the prosecutor and lead defense attorney in the Avery case.


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Comments

It’s really hard to get a case reversed after it’s been decided. It’s like getting a blogger to admit he’s wrong. You’d think after you lay out the case, step by step, and show him he’s wrong, that would be it. But no.

/not referring to any particular blogger, or any particular thing written about Trump, for example

LashRambo on January 6, 2016 at 10:07 PM

I’m going to watch it Allah.

Rush agrees with you . At least he thinks there was tampering or something. Ima binge watch it this weekend.

BoxHead1 on January 6, 2016 at 10:11 PM

I’m glad Walker won’t do it…

OmahaConservative on January 6, 2016 at 10:11 PM

I’m going to – not Ima

BoxHead1 on January 6, 2016 at 10:11 PM

Immunity for police and prosecutors needs to be ended. There has to be lines that they cannot cross without consequence.

Constitutionalist on January 6, 2016 at 10:14 PM

This is why I’m against the death penalty.

unclesmrgol on January 6, 2016 at 10:15 PM

So, Walker should commute a sentence based on a documentary put together by a group with an agenda?

xblade on January 6, 2016 at 10:18 PM

I doubt anyone even remembers, but just in case someone does… A year ago I wanted to see Walker/Rubio in 2016.

I thought Walker was ready for the national stage. I thought Rubio had changed his ways on immigration. I thought Rubio was needed to win Florida.

I was wrong on all three counts.

Magicjava on January 6, 2016 at 10:21 PM

The series is an excellent piece of propaganda that is doing what excellent pieces of propaganda do: inflame the feelings and passions of the masses without requiring them to do much critical thinking.

Dukeboy01 on January 6, 2016 at 10:22 PM

no matter how manipulative the documentary is, it’s very hard to watch those interviews with Dassey and think he got a fair shake

commodore on January 6, 2016 at 10:24 PM

Just watched the episode on the 16 year old. Its actually quite heart breaking how he was used. Oddly enough speaking of abusive law enforcement, out here on Long Island the former chief was arrested for turning the police department into his own private fiefdom.

rob verdi on January 6, 2016 at 10:24 PM

I have to say when they found the blood vile, my jaw did drop.

rob verdi on January 6, 2016 at 10:26 PM

If he is guilty, though, I don’t understand how he could have had a leisurely, casual 15-minute phone call with his girlfriend right in the middle of the time when the crime was supposedly committed.

That’s what struck me, Steve Avery is hardly Hannibal Lecter.

rob verdi on January 6, 2016 at 10:27 PM

Here is what’s going on out in Suffolk. It’s a frightening read.

http://www.nytimes.com/2016/01/04/nyregion/ex-suffolk-county-police-chiefs-arrest-hints-at-broader-federal-inquiry.html

rob verdi on January 6, 2016 at 10:29 PM

Let’s see, Steven Avery, wrongfully convicted of and served 18 year sentence for a sexual assault he did not commit, filed a $36 million lawsuit against Manitowoc County and several county officials and is promptly arrested and convicted of first degree murder.

If you don’t know how they do things in Wisconsin, look up the John Doe political criminal conspiracy.

This is exactly why I keep saying, the police are not your friends, they exist to protect the government, not you. Steve Avery about to cost Manitowoc County $36 million dollars and get a bunch of court, law enforcement and county official fired and prosecuted… then Tada, just like magic, all of their problems suddenly disappear.

Nothing to see here folks, move along…

oscarwilde on January 6, 2016 at 10:32 PM

Can’t believe that supposed “conservatives” here are falling for a propaganda series made by a couple lefties with an agenda.

warriorgreg on January 6, 2016 at 10:32 PM

Is there going to be a QotD? Or is that passé?

Magicjava on January 6, 2016 at 10:35 PM

Can’t believe that supposed “conservatives” here are falling for a propaganda series made by a couple lefties with an agenda.

warriorgreg on January 6, 2016 at 10:32 PM

Actual conservatives are interested in JUSTICE, not government tyranny.

“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be “cured” against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.”

― C.S. Lewis, God in the Dock: Essays on Theology (Making of Modern Theology)

oscarwilde on January 6, 2016 at 10:36 PM

Can’t believe that supposed “conservatives” here are falling for a propaganda series made by a couple lefties with an agenda.

warriorgreg on January 6, 2016 at 10:32 PM

I haven’t watched it, nor am I going to, but experienced cops can get very many if not most teenagers to admit to anything over a period of a multi-hour interrogation. Many individual cases come to mind. The “wilding” case of the rape and assault of the Central Park jogger is probably the most conspicuous case. There, four black kids all admitted to doing something it was shown later they didn’t do.

LashRambo on January 6, 2016 at 10:38 PM

I like it when Allah stakes out a clear opinion on something.

cynccook on January 6, 2016 at 10:39 PM

Is there going to be a QotD? Or is that passé?

Magicjava on January 6, 2016 at 10:35 PM

Probably not, we have been very naughty and failed to support the GOP Establishment agenda and candidates, therefore we must be punished.

oscarwilde on January 6, 2016 at 10:39 PM

Who?

Indiana Jim on January 6, 2016 at 10:40 PM

Walker waiting to hear from his big money donors to tell him what to do.

Indiana Jim on January 6, 2016 at 10:41 PM

There is no way you can watch this, even acknowledging the bias of the filmmakers, and not have some reasonable doubt about either of their guilt. If that is the standard, than these guys shouldn’t have been convicted.

I agree with Allah though. The moral case to release the boy (now a man) is very clear to anyone who watched those interrogations.

On a side note, what I find really amazing about the reaction to this film, is the cognitive disconnect of those people I know on social media, who are progressive and/or support Bernie Sanders. How can you be outraged about this injustice by the government, yet be rallying to have the same government control even more of our lives?

I think the film is the best advertisement for libertarianism I’ve ever seen.

gaijinpundit on January 6, 2016 at 10:47 PM

A little off the point here, but I would like to hear exactly how DNA evidence “proved” he was innocent of rape.

Many such claims are made when what really happens is new DNA evidence is found that justifies a new trial and after (in this case) 18 years, the prosecution drops the case

halfbaked on January 6, 2016 at 10:50 PM

This my first post here but since I was in Wisconsin during the time of this trial and the Avery’s release I give you my reasons why he should not be pardoned.
1. The part of the interview that was shown in the video was only a small part of the 3 1/2 hour detailed confession he gave to the police. He described the crime where she was raped and killed.
2. They found his jeans with bleach stains on them from cleaning the garage after the murder.
3. He described her has being shackled with chains at her wrists and feet. That was found in the burning pile and burning barrel.
4. Her phone was found burned in the burning barrel.
5. He confessed to his mother when he described how Avery had touched him.
To believe that Avery and Dassey didn’t do it means that you have to believe the police killed her. How would they have gotten her key, put her blood on a bullet that was fired by his gun that was mounted on his bedroom wall until No. 5th. They would have had to driven her Rav 4 to Avery’s salvage yard, how could anyone besides the killers have access to the vehicle. How did Avery’s non blood DNA get under the hood of her car. They also would have had to burn her and move the bones to his home.
It is easier for me to believe that Avery talked the slow teen to help him with the crime. Maybe Dassey, when he brought the mail to Avery stumbled on to the crime and Avery talked him into helping him. If Dassey was a victim, he was a victim of Avery and not the police.

Eddie on January 6, 2016 at 10:58 PM

This is why I’m against the death penalty.
unclesmrgol on January 6, 2016 at 10:15 PM

This is why I’m not.

Killary's Server on January 6, 2016 at 10:59 PM

The DNA they found in the rape case was matched to a rapist named Greg Allen with better testing techniques in 2002. There was rumor there was a connection between Avery and Allen but nothing was ever proven. The film was right about Avery not having the best reputation in that area. Robberies, he dosed a cat with oil and burned it, and did state to a fellow inmate that the best way to get rid of a body was to burn it. It destroys the DNA he said.

Eddie on January 6, 2016 at 11:03 PM

There, four black kids all admitted to doing something it was shown later they didn’t do.

LashRambo

Uh, no it wasn’t shown to be something they didn’t do. All that was shown is that some propagandists are good at what they do.

xblade on January 6, 2016 at 11:13 PM

I got the impression Dassey was involved in it but he’s like a child and thinks that if he doesn’t admit what really happened, to both himself and everyone else, that he can somehow detach himself from it. That it’s not real, it didn’t happen.

lowandslow on January 6, 2016 at 11:46 PM

IMO

Making a Murderer = Blackfish

socalcon on January 7, 2016 at 12:03 AM

I watched the entire series Monday while I had a 24 hour flu. I wanted to throw myself off a bridge after. You won’t find a more depressing story any time soon.

Chuck Schick on January 7, 2016 at 12:06 AM

His DNA was found on the hood release latch on her car and there was no reason for it to be there. The car was found near his business. DNA was found on a bullit found embedded in the floor of his garage and on her car key. The boys jeans had bleach stains all over them, which is what he said they used to clean up the blood.. Alł of these theories were raised by the defense, police plot, mystery vial of blood etc. and rejected by the jury.

Nevertheless, the guy should get credit for the 18 years he already wrongly served. Find out his parents and grand parents life span, subtract 18 years from that number and let him out then. If he would be expected to live to 88, let him out when he is 70.

ArthurMachado on January 7, 2016 at 12:09 AM

I am reluctant to remark because I have no plans to watch or advocate for either side of the argument. That said, isn’t the person AP mentions a young challenged kid that was treated unfairly by the police. A pardon might teach them a lesson, if the video of their misdeed hasn’t already. Although I’m still waiting for the John Doe prosecutor to be charged.

Cindy Munford on January 7, 2016 at 12:37 AM

Propaganda or not, unless you are willing to watch all ten episodes, you have zero credibility in my eye posting your comments.

CharlieCA on January 7, 2016 at 12:47 AM

CharlieCA on January 7, 2016 at 12:47 AM

Lucky for the blog world, you don’t get to decided who can and can’t comment.

Cindy Munford on January 7, 2016 at 1:05 AM

He only gets commuted sentence if the guy in California, Marquez, gets some of his charges knocked down.

If there’s a case for either intimidation or misplaced trust, that guys continued “confession” in interviews by the FBI is it.

He told them stuff they didn’t know about, things that went on just between Farook and him and then charged him with a crime for those statements. (that’s all the evidence they have).

Marquez is obviously either very naive or retarded and although they did repeat Miranda, they knew this kid would confess and I suspect they did the old “Mr. Friendly the Cop on the Corner act” with Marquez.

The kid doesn’t deserve to be facing 50 years for what he actually did.

He’s a patsy and the FBI added themselves to the list of those who’ve taken advantage of him.

jake1246 on January 7, 2016 at 2:04 AM

Cindy Munford on January 7, 2016 at 1:05 AM

Reading comprehension is a strong point too?

I didn’t say you (or others who haven’t watched the series) couldn’t comment.

CharlieCA on January 7, 2016 at 2:07 AM

I’m not going to comment on Dassey, but there is no doubt in my mind Avery did this from what I have read concerning the case. The documentary is a PR piece for the defense.

NotCoach on January 7, 2016 at 3:41 AM

Propaganda or not, unless you are willing to watch all ten episodes, you have zero credibility in my eye posting your comments.

CharlieCA on January 7, 2016 at 12:47 AM

I will never watch a single second of any episode, but I can read. So shove it up your a$$?

NotCoach on January 7, 2016 at 3:43 AM

If there’s a worthy appeal, file it. My Governor, Scott Walker, made it very clear he isn’t in the pardon business.

M240H on January 7, 2016 at 3:53 AM

Propaganda or not, unless you are willing to watch all ten episodes, you have zero credibility in my eye posting your comments.

CharlieCA on January 7, 2016 at 12:47 AM

What has “zero credibility”, champ, is the sh*t on television. And I’m not going to “watch all ten episodes”.

But I am going to publicly wonder, if there is such compelling contrary evidence in this case, why so much money was spent on ten slanted episodes of television instead of lawyers. Riddle me that, Batboy.

M240H on January 7, 2016 at 4:11 AM

So I’m only on episode two and let me get this straight. After spending 18 years in prison for something he didn’t do and on the verge of getting 36 million dollars. He decides to kill a woman whose visited him numerous times before (for no reason) and then he hides her car and body on his property and then just drops her car keys in his bed room?! Lol…get the F outta here!!!!

Politricks on January 7, 2016 at 4:55 AM

This is so typical. You get one side if story and you run with it. You should of done a little research. Two guest on The Fox’s Kelly File clears it up. Netflix ran this thing and you bought it hook line and sinker

KBird on January 7, 2016 at 5:48 AM

I’m going to – not Ima

BoxHead1 on January 6, 2016 at 10:11 PM

Aww man! Why’d you change it. First draft was gangsta!

Arnold Yabenson on January 7, 2016 at 6:23 AM

Propaganda or not, unless you are willing to watch all ten episodes, you have zero credibility in my eye posting your comments.

CharlieCA on January 7, 2016 at 12:47 AM

Not interested to have credibility in your eye. I could manage to pinch a loaf there though.

Younggod on January 7, 2016 at 6:23 AM

So, to paraphrase AP:

It’s OK to commit rape and murder if you’re stupid.

Wino on January 7, 2016 at 6:52 AM

So, to paraphrase AP:

It’s OK to commit rape and murder if you’re stupid.

Wino

Speaking of which, the average IQ in Jamaica is 71. I guess no one in Jamaica should go to prison for murder.

xblade on January 7, 2016 at 9:14 AM

Propaganda or not, unless you are willing to read every chapter of Mein Kampf, you have zero credibility in my eye posting your comments.

CharlieCA on January 7, 2016 at 12:47 AM

FIFY

corona79 on January 7, 2016 at 9:24 AM

So, to paraphrase AP:

It’s OK to commit rape and murder if you’re stupid.

Wino on January 7, 2016 at 6:52 AM

Let’s ask George what he should do with Lennie.

LoganSix on January 7, 2016 at 9:25 AM

CharlieCA on January 7, 2016 at 2:07 AM

Exactly what did you say and why? Just throwing stuff out there to see what sticks?

Cindy Munford on January 7, 2016 at 9:39 AM

Wino on January 7, 2016 at 6:52 AM

Sometimes I think stupid is the only thing the police have going for them.

Cindy Munford on January 7, 2016 at 9:40 AM

If you’ve watched any of the crime programs like Dateline, you quickly realize that they can make anyone look guilty or innocent. I’ll go with the jury’s decision. If this case warrants a retrial then let the system work it out. There’s WAY too much opportunity for producers and editors to control the “facts” in a TV program to base our justice system on a TV show.

jnelchef on January 7, 2016 at 9:43 AM

Man I tell ya the ignorance on this thread is incredible. The people that haven’t watched it and call it propaganda are unbelievable. This documentary was done over 10 years by film students, not funded by the Defense or defendants. I have read the other evidence and I think AP laid it out pretty clearly the issues here. NO ONE can look at the evidence and the case the prosecution laid out and NOT have REASONABLE DOUBT. The whole affair is just a condemnation of the entire justice system, the judges are just as complicit as the cops planting the evidence. The facts support that there was no evidence to support what the kid “confessed” to and what the prosecution claimed happened.

saltydogg14 on January 7, 2016 at 10:38 AM

saltydogg14 on January 7, 2016 at 10:38 AM

Since he was convicted I think you can say that at least twelve people didn’t have any reasonable doubt.

Cindy Munford on January 7, 2016 at 10:55 AM

NO ONE can look at the evidence and the case the prosecution laid out and NOT have REASONABLE DOUBT.

I’m guessing you think OJ was framed too, and Ken Burns put together an honest documentary on the Central Park 5, lol.

xblade on January 7, 2016 at 11:16 AM

Let me do a paraphrase of saltydogg14 on January 7, 2016 at 10:38 AM:

It was on the internet TV, so it must be true.

Wino on January 7, 2016 at 11:20 AM

Agreed. All the faux tough guys on this thread are pathetic. The kid lacked capacity. Even if he were guilty it would be the equivalent of sending a 10 year old away for life for obeying an intimidating father. Buy he didn’t even do it. Another gut wrenching moment not mentioned in the blog is when his mother asked him why he confessed, he tells mother “I’m really stupid mom”.

swamp_yankee on January 7, 2016 at 12:49 PM

Many, many years ago there was a tv movie called “Dummy” starring LeVar Burton as a mentally handicapped individual charged with rape. We don’t see the rape happen. We are made to feel sympathetic to him as the case against him mounts, but eventually he is found not guilty. The movie ends with him about to commit another rape. This is not to say Dassey really is guilty, but it does bring point, even though the Burton movie was fictional, that his IQ shouldn’t necessarily mean he’s not guilty.

hadsil on January 7, 2016 at 1:04 PM

Allah, you fell for a cleverly done piece of propaganda. As other posters have noted, there was plenty of physical evidence against him, but Netflix chose to hide that from its viewers since it would have hurt the ratings.

A fake piece that’s honest won’t earn nearly as much money as a faux outrage piece that is sensationalistic, but based on a fraud. Why did they do it? Follow the Money. Look at what you’re talking about. Netflix won big on this one, and they won big by getting people with an outlet like you to talk about them like you’re doing.

Sucker.

Tom Servo on January 7, 2016 at 1:27 PM

That documentary is no more manipulative than HA. As an example; the recent post on Ted Cruz supposedly flip flopping on ethanol. The headline is an out of context lie.

This is exactly the same as the rest of the LSM only publishing photos of Trump that show him angry or whatever to give people a negative view of him. It is the same thing they do with their edited videos of Trump to try and show him as a petty bully. It is all lies – propaganda. HA does it too, and the HA faithful (grubers) suck it up like it is true.

earlgrey on January 7, 2016 at 1:35 PM

halfbaked on January 6, 2016 at 10:50 PM

Simple, his DNA was not found on her, in her, anywhere, BUT the DNA of a KNOWN sexual offender WAS – the same offender who was AT THE TIME OF THE OFFENSE pointed out to the Sheriff himself by the local police and years later (covered up, but exposed by the documentary) CONFIRMED to be the attacker by another investigatory source.

PJ Emeritus on January 7, 2016 at 3:27 PM

If the victim was killed in the home, the way the prosecution told it in that farce of a press conference then where was the blood?

If she was killed in the garage with a gunshot to the head, are they really asserting that Avery was able to clean every inch of the cluttered garage but failed to notice a blood-stained bullet?

His blood and DNA were in the car, but hers wasn’t. Really?

The keys that were missed in 3 previous searches of that tiny bedroom were miraculously found by a cop that wasn’t supposed to be there because of the massive conflict of interest. Avery was sueing them for his wrongful conviction. Oh and they found his DNA on those keys too, but not the victim’s DNA, you know, the person that used the key for years….

Those same cops were barred from the investigation because of the conflict of interest, yet they were all involved in the investigation from the beginning. Why?

There is way too much of this to not have a reasonable doubt.

Hank_Scorpio on January 7, 2016 at 4:43 PM

Although the chances of it happening are near impossible now, I think we need a constitutional amendment forbidding the election of sheriffs, judges, and any other executives in law enforcement and the justice system. We’ve lost our way in pursuing justice and due process, with too many innocent people getting locked up because some judge, sheriff or prosecutor needs more convictions for them to look good when re-election comes up. When politics motivate these guys more than true justice, we’ve effectively turned our country into a police state.

TMOverbeck on January 8, 2016 at 9:36 AM