From the December 2002 Idaho Observer:

Pre-dawn raid foreshadows Brave New America

Many Americans are reeling from congressional assent to Homeland Security and the loss of freedom and dignity it was born to steal from ordinary Americans. However, at this time it is only 500 pages of paper with ink characters arranged into words that represent the thoughts of politicians through whom the real tyrants speak. It requires live bodies to animate such Orwellian agencies as the Department of Homeland Security. The truth is that actions Homeland Security agents will take under the authority of their new charter will be no different than thousands of actions, including the one below, that predate Homeland Security's January 1, 2003 grand debut. Those who govern have been lawless, discompassionate monsters for decades. The only difference since the passage of Homeland Security is that, instead of running the police state from a closet in the White House, the police state now has an address and its own letterhead.

GRANGEVILLE -- At 5:45 a.m. November 21, 2002, Dave Hinkson, 46, was startled out of a sound sleep by screams. “I looked over at the door and saw approximately eight men storming into the room dressed in black and holding machine guns. I heard over and over, “Freeze, mother****er.” Then I heard someone say, “Where is your gun?” as I was being held down. All of the machine guns were pointed at me. I was still partially asleep when the only agent not in SWAT or military dress dragged me out of bed.”

This type of pre-dawn raid is becoming more common in the land of the free as government agents attempt to silence those who are determined to hold them accountable when they use their official capacity to behave unlawfully. Hinkson found out later why he was raided in such an unnecessarily violent manner.

“On April 16, 2002, I filed a lawsuit in the U.S. District Court in the State of Idaho (CIV02-0171) Case. I alleged that IRS Agent Steven Hines and U.S. prosecutor Nancy Cook had orchestrated over 12 grand jury tribunals in an attempt to indict me,” Hinkson explained.

The plainclothes agent that dragged him out of bed was Steven Hines -- the IRS agent he was suing.

Hinkson, president and CEO of WaterOz, has spent the last several years making enemies in high places as he fearlessly defies county, state and federal attempts to make him comply with unconstitutional regulatory schemes. Hinkson, originally from Las Vegas, is also the one who broke the story about radio personality Art Bell's relationship with Abe Foxman of the Anti-Defamation League.

Hinkson's suit alleges that Hines and Cook violated a number of U.S. laws and committed grand jury tampering while attempting to indict him on income tax-related charges. “In this lawsuit I also accused Grangeville Attorney Dennis Albers of starting a bogus civil case to sue me while (he was) in collusion with Hines and Cook,” Hinkson said.

According to Hinkson, since filing his civil action against Hines and Cook seven months ago, they have not been forthcoming with answers to legal presentments that must be answered in a timely fashion as prescribed by law. “I have attempted to bring my grievance to the arena of the U.S. Court in order to seek redress and it is my opinion at this time that agents Hines and Cook are losing the lawsuit and that may be what triggered the early morning raid on my house,” Hinkson stated.

More eerie than the raid itself is that Hinkson believes the purpose of the raid was not to arrest him.

Hinkson claims that, after he had been roused out of bed, Hines asked, “Didn't you hear us outside? We were using bullhorns. How could anyone sleep through that?”

“He acted as if he was upset that I hadn't awakened,” Hinkson remembers and added, “I actually am a very light sleeper and had put earplugs in my ears because the dogs were barking at the moon that night.”

Hines helped Hinkson put on his pants and then pulled a shirt over his head but did not allow Hinkson to put his arms in the sleeves. Hines then handcuffed Hinkson's hands in front and escorted him out of the house. “Hines literally shoved me into a gray Suburban,” Hinkson said.

“It was very cold outside. I was extremely thirsty and asked if I could have a drink of water. I was told I could not. About an hour later I was given a bottle of water. I asked if my dogs were okay. I asked if I could make a phone call and this request was denied.

“I noticed that the agents were damaging things and I told Hines that I would like to unlock everything and help him get whatever it was he needed (I later counted 10 doors kicked in). I also told Hines that the keys for everything were in my Subaru car, and if he would allow me to place a phone call, I could get some people here and they would give him the computer passwords and help him get what he needed to get so that there wouldn't be so much destruction of property. I was told that he did not need my help.”

It was at this time that Hinkson was “served” with what appeared to be legal documents. Being familiar with the law, Hinkson noticed that the “search warrant” which he had just been given did not have a court seal on it, nor was an oath and affirmation attached to it.

He then studied the “Indictment” document that had also been served upon him and noticed it was dated July 17, 2002, and was signed by “Nancy Cook as Prosecutor.”

“I thought at the time this was very strange. The indictment did not have an oath or affirmation attached to it, either,” Hinkson said.

Hinkson claims that he was never read his Miranda rights, nor was the raid videotaped or audiotaped as is customary these days.

Handcuffed, Hinkson was taken before Federal Judge Mikel H. Williams in Moscow some 60 miles away. “I informed Judge Williams that I felt I had been kidnapped. I explained to him that I was suing Nancy Cook and Steven Hines and that it was these two people who had orchestrated my arrest. I felt it was strange that two of the defendants in my lawsuit were kidnapping me and did not feel this was a fair offer of settlement.

“Judge Williams assured me that he knew nothing about the other case; then I stated that Judge Boyle, who works across the hall from him, was handling my civil case,” Hinkson said.

After having had several days to think about what happened that morning and his entire civil action, Hinkson made the following observation: “I believe that defendants Nancy Cook and Steven Hines orchestrated the raid on WaterOz and my home for the sole purpose of killing me and ending the lawsuit that was filed against them by me in the amount of $50 million.

“When they were screaming on their bullhorns, it appeared obvious to me that Hines wanted me to wake up and show forceful resistance as validation and justification for my murder. Hines was noticeably upset that there were witnesses when he led the charge into my bedroom by kicking my door open while holding his handgun.

“Was the handgun supposed to be placed in my hand after I was shot? Why did they want this confrontation with bullhorns and battering rams at 5:45 in the morning? Usually when agents come for a predawn raid they put in the affidavit why they feel excessive force is needed; again, I state there were no affidavits given or shown to me at any time during this demonstration of force.

“All this came as a surprise to me because I have never been arrested or charged with a crime in my life. Also, I was concerned because often I have small children in my home and I fear what trauma this could have caused them. The behavior of the men who were involved in this 'exercise' is inexcusable.

In light of the fact that I have always made myself available and accessible to the court and Defendants Hines and Cook, I do not understand why a summons and request to appear was not served upon me rather than having my 10 doors kicked in and my property damaged. I was not and am not planning on going anywhere. I have been after Defendants Hines and Cook for quite a while and am filing papers on a daily/weekly basis in Moscow against them.”

Though Hinkson generally represents himself in legal matters, he has the counsel of some of the nation's most knowledgeable and experienced legal minds. The list of improprieties that have surfaced under intense legal scrutiny of the Cook/Hines raid on Hinkson continues to grow.

A hearing is scheduled to be heard by Idaho District Federal Judge Edward Lodge in Coeur d'Alene Dec. 17.

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