A 75 year old vet was acquitted of hanging napkin sized US flags at a VA center.

What needs to happen now is to fire all the sons of bitches responsible for charging him.

A 75-year-old military veteran was acquitted Tuesday of illegally hanging an American flag on the fence of a Veterans Affairs facility in West Los Angeles without permission.

The federal misdemeanor count against Robert Rosebrock stems from a VA statute that prohibits the posting of materials or “placards” on a VA property except when authorized by the head of the facility.

Rosebrock was cited on Memorial Day 2016 for allegedly displaying two napkin-sized American flags on a fence adjacent to the “Great Lawn Gate” entrance to the Veterans Park. He and fellow veterans have been assembling at the site nearly every Sunday and Memorial Day for the past nine years to protest what they believe is the VA’s failure to make full use of the expansive property for the benefit and care of veterans, particularly homeless veterans.

At the conclusion of a bench trial, U.S. Magistrate Judge Steve Kim found Rosebrock not guilty of the violation, which carries a maximum six-month prison sentence. The judge concluded that no evidence was presented showing Rosebrock lacked permission to post the flags or that Rosebrock had displayed them in the first place.

The U.S. Attorney’s Office declined comment.

Homeless activist Ted Hayes, dressed as Uncle Sam in a red, white and blue outfit, joined about two-dozen observers in Kim’s courtroom in downtown Los Angeles. Military veteran Gene Simes, national chairman of a Rochester, New York-based veterans advocacy group, stood in uniform at attention with a folded flag under his arm during the proceeding.

The gallery burst into applause at the judge’s ruling.

Rosebrock said outside court that he was “honored that the flag was exonerated — and for once the veterans got a victory.”

Rosebrock initially faced two additional counts for allegedly taking unauthorized photos of a VA police officer at the VA’s Great Lawn Gate without permission.

However, in a pretrial decision, Kim ruled that the regulation, as applied to the Great Lawn, was not reasonable under even the most lenient First Amendment standard.

The VA argued that the statute was necessary to guard against invasive and distracting media activities and to protect veterans’ privacy. But the court rejected that claim, finding that if the VA wanted to protect veterans’ privacy, it would ban all photography, not just photography for news, commercial or advertising purposes.

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  1. bogsidebunny says:

    A great victory for America. I expect to see it highlighted on tonight’s MSM news.

  2. dekare says:

    I worked at my local VA in the police division as an intern while finishing up my masters degree. I am a retire cop and a law school graduate, and so, I know a little bit about the law…not much…just a little. I was involved in reviewing the arrests and PC affidavits of all the officers. I can tell you this, the quality of arrests by many of the officers was that of barely above mall security grade. Sadly, most of them are former military, with little actual police training, and are given a gun and a badge, because vets are given priority job placement regardless of their actual experience. A ton of retired officers apply for this job, but are turned down and guys that have just got out of the military get the position instead. Guys with NO EXPERIENCE. And sadly, they will NEVER get the experience needed to become good police officers, as how to get this in a hospital where the worst crime that happens is smoking on campus. Very rarely is there any real theft, burglaries, muggings, car jacking, domestics and so on. The stuff that cops cut their teeth on while learning the trade. So, these guys get their stats by arresting people for silly offenses like jay walking, smoking on campus, no having their visitors badge displayed properly or the favorite parking issues. The average city meter maid has more experience at being a cop.

    But if the guys are to make arrests, that is what they have to work with. They learn that these are what you arrest for, as they never get to make real arrests like I did when I worked the hood. And boy do they take their jobs way too seriously.

    What makes it worse, is that these guys think they are real cops, when in fact, they are in name only. They don’t patrol a neighborhood with street thugs and drug dealers and real criminals, they patrol corridors of hospitals where the only people who are there are patients and employees. Nothing bad happens, and anything of note is quite rare. I worked there for just over a year, and only twice did anything happen where an arrest was actually justified. These guys are DESPERATE to make arrests so they can prove they are cops. However, their only pool of potential arrestees is vets and fellow employees, who are not there for evil purposes. And since very little happens in the name of evil, these over zelous cops end up arresting people for smoking, parking violations, or stupid crap like this….hanging flags.

    And let me tell you, I tried like hell to intervene on what determined an arresttable offense and how the PC affidavits were written, but the old goat in charge of this wouldn’t have it. He had be over seeing this for years, and that was how it was going to continue. No smarmy retired cop/lawyer was going to tell him how to do his job. The guy just plain had no clue as to what a proper PC looked like. I can only imagine the State Attorney’s Office laughing their asses off at every PC filed with them by our VA.

    But if the dept was going to justify its huge budget and existence, they needed to make arrests. Hell, ten years ago, the VA police didn’t even carry weapons, as they were mere security guards. But like every other federal entity, they grew, justified their need for more federal money, got themselves issues guns and the label of law enforcement, and we have what you see today. Many of these guys wouldn’t last a week in the real world. They love to bully elderly vets and meek employees as they have no other way to prove they can do real police work. It’s sad.

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