Jailed for not sitting fast enough

The Ridley Report brought to light an interesting situation that has just recently occurred here in NH that I think deserves the attention of the front page on this website.

Ian Bernard was brought to court because he refused to force a tenant of his to move a couch they had in the font lawn of a building he owned during the trial he was jailed for not sitting fast enough.  Some of the transpiring letters between the city of Keen and Ian can be found copied onto THIS blog site.

Dave Ridley, being a supporter of Ian's radio show Free Talk Live, went to court to video the proceedings.  What transpired is something just too shocking to actually believe without actually seeing it. Here's the link to the video.

To sum it up, here's what happened...

  • The judge enters the room and everyone rises.
  • Ian can be seen prepared to sit down.  He reaches back and positions his chain and begins to sit.
  • The judge calls his name, at this point he is required to stand while address the judge so he turns back to the judge and remains standing.
  • The judge hollers at Ian to sit down. 
  • Ian responds with a question to which the judge yells again for him to have a seat.
  • Ian states for the record he will be sitting under duress and immediately sits as ordered.  No sooner then he has complied and is seated the judge immediately orders Ian to be placed in custody. 
  • Ian was ordered to be jailed in contempt of court.

I don't even know what to say about this.  First off the fact that town governments can take someone to court over their own property is in itself an out right travesty of liberty.

Constitutional provisions for the security of person and property should be liberally construed. It is the duty of the courts to be watchful of constitutional rights against any stealthy encroachments thereon. — Boyd v. U.S., 116 U.S. 635.

Congress has given power to courts to create their own rules (28 U.S.C. §2071) but clearly in the video you can see that this judge goes beyond enforcing reasonable rules into out right tyranny.

I will try to keep readers informed of any updates.  Last I was able to find out is that Ian has been given 90 days for "contempt of court".