In Regards to Congressional inquiries into my case by Senator Charles Grassley

Date: 5/17/17 2:49 PM (GMT-06:00)

To: “Reinwart, Thomas J. (OM) (FBI)” <Thomas.Reinwart@ic.fbi.gov>, “Kaufmann, John (Grassley)” <John_Kaufmann@grassley.senate.gov>, National Crime Victim Law Institute <NCVLI@lclark.edu>, founders@equaljusticeunderlaw.org, investigative reporters and editors <mhorvit@ire.org>,and a few more.
Subject: In regards to two Congressional inquiries by Senator Grassley

I have repeatedly attempted to get an agent to physically review the evidence I have gathered during and extended period of time in which my civil rights were violated by my local government officials. To date no agent has reached out to me in an attempt to review my evidence. 

My contact with a Federal agent was on behalf of phone calls I made to my local division. One other agent who was not over the division covering my area did speak with me. This agent was referred to me by a local official who clearly has a conflict of interest with those who violated my civil rights. I am sure that his intent was to divert any serious investigation. I received two letters from Assistant Deputy Director J. C. Hacker stating the the Cedar Rapids, Iowa division found no violation of Federal law. I would like the opportunity to speak with Agent Hacker to inform him that there has never been a review of my evidence and would like an explanation as to how a decision could be made with no review of my evidence. My evidence is undeniable that Federal law has been violated. I have requested Agent Reinwart forward my emails to J. C. Hacker, however he does not seem interested in doing so. I am again requesting this email to be forwarded to Agent J.C. Hacker, recognizing the possibility that my allegation are correct and a conflict of interest caused the evidence initially given to the Agent from the Quad Cities to be tainted should be taken into consideration. I again want to stress this case is unprecedented and seemingly unbelievable, a review of the evidence will prove my allegation are justified.

I am writing this letter on behalf of the following excerpt from a FBI review which was presented to Senator Grassley.

Recognizing the FBI works closely with the local authorities with no review of my evidence justice cannot be served, the crimes committed against me were perpetrated by my local government officials. The FBI clearly has only heard one side of this case, apparently falsified, I have no clue what the agent from the Quad Cities was told. I do know what the evidence I have proves without a doubt.

sincerely,

Melody Boatner  

Author’s note: I have repeatedly been advised by Grassley staff to be patient, the FBI would contact me. That never happened. Negligence on the part of the FBI is unacceptable. Ten years I was patient. Ten years is an unreasonable amount of time to be patient when a citizen has been assaulted with chemicals and forced from their private property by local government officials. 

Eventually I did contact SA Thomas Reinwart. Not impressed with his enthusiasm. Not impressed with his investigative skills. Hearsay is what he used as evidence. He advised me that he came to my home for the purpose of reviewing the hard copy indisputable evidence. He never interviewed any of my witnesses, he never looked into financial records for bribes, he never interviewed my Drs. His opinion was based on what I verbally told him and what Sheriff Weber verbally told a third party. Had he reviewed the evidence he would have discovered whatever the Sheriff stated was false. How many cops tell the truth, 0. They are trained to lie. This sheriff was trained by a mentor that has repeatedly made false statements about me. I have requested evidence to support what he has said, but there is none.

Exposing public corrupt personnel at all levels.

Well this may be against my best interest but at this point what do I have to lose. I am publishing the email of the FBI SA who refused to review my hard copy evidence. Did not look into the financial record of the accused to see if perhaps a bribe has been paid. He accepted hearsay to be evidence. My case did not even get issued a case number. He did not recognize that private property rights are Federally protected rights. He continued to claim that no Federal law has been broken when anyone who has taken the time to review the evidence agrees with me that Federal laws have been violated on more than one occasion. tjreinwart@fbi.gov. He goes by the first name of Thomas.

The AUSA immediately advised me that he would not prosecute giving me three different reasons at three different times. The first three reasons I submitted evidence that he was incorrect as to what the evidence proved he was basing his decision on. Knowing he has been given false information or information based on hearsay by the above named FBI agent. The most recent decision not to prosecute was because he has the authority. I sent him guidelines suggested by the Attorney General but to no avail. The letter states that I am not supposed to contact this AUSA again. They will not put any more resources into my insignificant case. I explained that a civil court order early on in my favor was violated by the local government officials and he callously does not care. Kevin.VanderSchel@doj.gov. he of course goes by the name of Kevin.

There is no record of any citizen being forced to flee from their private property due to unlawful application of toxic chemicals being applied, ongoing for over 5 years. NONE. It seems to me that anyone who would continue an act that he knows is causing anyone else physical harm has some mental health issues. I know I would not do anything to anyone else’s property because it is illegal and immoral. It seems the Federal authorities feel that they can join in this figurative gang rape. I feel they need to be held accountable as well as the locals. There is nothing I have posted that is based on hearsay or based on fabricated information. There is much evidence that I have not posted. If these individuals are satisfied that they have upheld their duty and the oath they took to uphold the Constitution of the United States then they should be proud of their job performance in my unnumbered case. They never showed any real intent to defend my rights given by Federal law. They should be proud of their actions in this case that has multiple violations of Federal law. Anyone who reads my information and feels my Federally protected rights have been violated I urge you to email these individuals and let them know that private property rights are Federally protected rights and any other opinions you may have that Federal law has in fact been violated. Terrorism is not a violation of Federal law I have been told. Only supporters of terrorism are violating Federal law, so clearly the local officials who would not stop this neighbor from applying the chemicals to my property are supporters of terrorism. Yes herbicides and pesticides are considered chemical weapons. I have done all the research to know that violations of Federal law have occured.

If something happens to me it is well documented as to who may be involved. Just saying. Glyphosate is harmful to human beings when not applied as directed on the label. This is what is wrong with our Government today. Covering up and supporting corruption is not what the FBI has the duty to do. I want to know why I am exempt from the same rights that every other citizen takes for granted, as I did when I fled from my home, business and property. There is no justifiable reason any US citizen should have to suffer what I have suffered.

Letter from US Attorney based on misinformation.

Letter from Kevin VanderSchel claiming statute of limitations has expired.

I have never claimed my damages occurred in 2003-2005, that is when the illegal property redevelopment was going on. My allegations of conspiracy against rights and deprivation of rights under color of law began in 2005 with the most recent occurring in April 2017. If anyone actually felt they had a duty to actually read my complaint there would be no mistaking of timelines.  But in this case we rely on what someone who was not interested in the first place tell their version of the story to a third party. That is hearsay, which is not evidence that is allowed in court or in any reasonable investigation. Mr. VanderSchel, how about I send a copy of my complaint directly to you. You read the entire complaint and then you may be more able to base a decision on what the complaint states. Your information is incorrect. I should not have to continue to beg for justice based on people being misinformed as to that the evidence supports. 

I contacted Senator Grassley in 2007, he forwarded my information to the FBI. Are you telling me it has taken 11 years for my case to get from the Senator to the hands of the US attorney and the information is not based on the information in the written complaint I submitted to the local FBI agent. This local agent told me 3 different versions of what would happen after I submitted my complaint to him. I do not have any evidence that he even submitted my written complaint. I have evidence that the most recent act of conspiracy happened in April 2017 well within the statute of limitations. I have not been negligent in anyway of not submitting timely complaints. How in the hell does it take 11 years for a complaint to get from a Senator to a US Attorney.

Somebody has some splanin to do. Where is the written complaint I submitted to the local FBI?

652. STATUTE OF LIMITATIONS FOR CONSPIRACY

Conspiracy is a continuing offense. For statutes such as 18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846, the government must allege and prove that the conspiracy continued into the limitations period. The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).

An individual’s “withdrawal” from a conspiracy starts the statute of limitations running as to that individual. “Withdrawal” from a conspiracy for this purpose means that the conspirator must take affirmative action by making a clean breast to the authorities or communicating his or her disassociation to the other conspirators. See United States v. Gonzalez, 797 F.2d 915 (10th Cir. 1986).

FBI does not know property rights are Federally protected, he never responded.

songboat <songboat@gmail.com>Aug 19, 2018, 12:33 AM
to Thomas

https://www.fbi.gov/chicago/press-releases/2010/cg092310.htm
You have never looked into the financial records of Conlee and the County Attorney or my attorney or any of the rest of this criminal enterprise, have you? I told you that Mark Conlee’s personality disorder would not allow for him not to keep a record of who he payed off. It the linked case is Federal then why would my case be exempt? My case also falls into the guidelines of violation of international human rights crimes I have been told.So I would think there would be many allegations like mine. If there is no Federal law to hold City and Countys accountable for using chemicals to force you from your property and they happen to have a conflict of interest with the local officials, but the local officials instead of recognizing the conflict, they use the situation for personal gain. Hey, I read about conflict of interest on the FBI website. Why is my case not within the guidelines for Federal conspiracy against rights and deprivation of rights under color of law? By rights I mean my rights given by Amendments 4, 7,8, 14
The FBI is the primary federal agencyresponsible for investigating allegations regarding violations of federal civil rights statutes. These laws are designed to protect the civil rights of all persons—citizens and non-citizens alike—within U.S. territory. Using its full suite of investigative and intelligence capabilities, the Bureau today works closely with its partners to prevent and address hate crime, human trafficking, color of law violations, and Freedom of Access to Clinic Entrances (FACE) Act violations  

Color of Law Violations Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” to willfully deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law violations, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way. Those violations include the following acts: 

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.” chemical weapons would fall under this catagory

 False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur. Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority. This happened multiple times in my case, This is the most personally offensive action against me in my opinion.

 Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute. This one is a given. Did you look at the affects the chemicals had on my skin? The scars that I will carry with me on my arms the rest of my life. Nobody protected me from harm. You have the evidence that proves this without a doubt. 

Civil Applications  

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

  • Lack of supervision/monitoring of officers’ actions; City of Montrose and Lee County Ia
  • Lack of justification or reporting by officers on incidents involving the use of force; Lee County Sheriff’s Dept. and City of Montrose Police Dept.
  • Lack of, or improper training of, officers; and Lee County Sheriffs Dept. and City of Montrose Police Dept
  • Citizen complaint processes that treat complainants as adversaries. City of Montrose, Lee County sheriff dept, State of Iowa prosecuting attorney for Lee County

ADDRESSING POLICE MISCONDUCT LAWS ENFORCED BY THE DEPARTMENT OF JUSTICE

Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).  

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). “Color of law” simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts “under color of law” even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.  What remedies are available under these laws? Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own

Federal Civil Enforcement

“Police Misconduct Provision”

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a “pattern or practice” — it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency’s policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision. 

Title VI of the Civil Rights Act of 1964 
and the “OJP Program Statute”

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers. What remedies are available under these laws?DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute. 

Title II of the Americans with Disabilities Act of 1990 
and Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a “disability” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. 

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation. What remedies are available under these laws? If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first. It was the misconduct of these officers that causes my disability.

It seems it would be appropriate to bring a complaint in violation of fair housing act, I would need to speak with the US Attorney about this issue;

I have also been advised this case is one of environmental protection violations. This case has some elements of all Federal law violations. If you have read this reply “ok”

Attn: FBI Deputy Assistant Director. I have substantial relevant evidence that supports further investigation into my allegations.

Is this the standard procedure followed by the FBI in other cases?

I finally convinced the person who answered the phone at my local FBI division to come to my home and review my evidence to prove Federal law has been violated. He arrived and came in my home. I had previously put the evidence in separate piles each providing a different violation of Federal Law. He advised me that he did not need to review any more evidence. What he had access to before was what I have posted on the web. He advised me that he would just take notes from what I could orally tell him that took place.  As he got up to leave he advised me that my case is a civil case. He acknowledged he is not a lawyer and he had no intention of submitting my case to a US Attorney. I advised him that it is the duty of law enforcement to protect the rights of the people at any level, buddy. After he left the mailman came. In the mail was a letter from a Deputy Assistant Director for the FBI Washington DC. The letter claimed an investigation did not find any Federal law had been violated. Upon reading that I emailed this local agent and questioned him as to how a decision can be made when he had not had the opportunity to review the evidence. None of my witnesses have been interviewed. And I asked him if he notice the wooden stake that was on the table near the door. As he had not given me enough time to get to that part of the story. I was mad. He has never replied to that email or any other since that day. He did advise me on the day of our visit that he would get back to me about some questions I had in regard to the law. He has not followed up on what he said he would do. He is seemingly unqualified for his duty to protect the people.

So I have been sitting here everyday waiting for a follow up letter from the Assistant deputy director in regards to the in person meeting the local agent and I had. It just dawned on me that there is not going to be a follow up letter because this local agent had no more evidence to submit than he did when I spoke to him the day I called the local division over a year ago. I sent him another email today as I was advised to contact his supervisor at the local division. I requested the name of his supervisor. I advised him several weeks ago that the current county attorney and an officer for the Iowa Division of Criminal Investigation have both concurred that my case is one which falls within the guidelines of an FBI investigation. He had no response. Now that I figured out I am waiting for a letter that is never going to come. I am super pissed again. Feel as violated as I did when chemicals were used on my property with intent to cause serious injury or death.  I am telling everyone, there have been more than one violation of Federal Law. I was not given any contact information for the Assistant Deputy Director who penned the letter claiming there was no violation of Federal law. I has been my experience when telephoning the Washington DC office and requesting to speak with someone is not standard procedure. So this Assistant Deputy Director most likely doesn’t have a clue that there has never been an investigation into my evidence. I advised the local agent I am willing to go to Washington DC to provide access to my evidence. The crimes committed against me were unacceptable for any human being to be made to suffer through by anyone. For my local government officials to allow and participate if in itself a violation of Federal law. Anyone who thinks there is no justification in an individual going armed with intent to acquire vigilante justice let me tell you an investigation would most likely find that some are in fact justified. This makes me more determined to make the Feds do their job and root out public corruption. I am not going away. There is no reasonable person who would just allow this to happen and forget about it as if it were a common thing, it happens to everyone. When and if my Dr. tells me that the medication I have been prescribed to keep the chronic skin condition, caused by the chemical exposure, controlled has cause organ failure, a known side effect I may make a change of plans. I am not going away until the evidence I have in my possession is thoroughly reviewed and it is explained to me what is not a violation of Federal law.  The only evidence the local agent can possibly be going by is hearsay from the local law enforcement. What they have been alleging from the get go is based on fabricated evidence and false statements, I can prove this is a fact also. The given rights to property cannot be taken. Criminal trespassing a in contempt of a civil court order is a criminal offense. When local law enforcement violate a persons rights to equal protection of the law. I am formally requesting an investigation into the evidence I have in my possession. The local agent showed no indifference to the local authorities, hearsay from the opposing parties was taken as evidence. I have had copy evidence that leaves no doubt that my allegation a true and based on documented facts.  Is that a Federal law or is it not?