Governmental Overreach Stops with You

On March 4th, 2020, during a divorce hearing in Raleigh County (WV) Family Court, Judge Louise Goldston halted the proceeding and ordered that it should resume minutes later at the house of litigant Michael Gibson. Though already highly irregular, Judge Goldston then threatened Gibson with arrest unless he admitted the judge into his house to search it personally, along with bailiffs, the ex-wife and her attorney.

During the search, Judge Goldston helped herself to an armchair in Gibson's home and instructed the ex-wife to remove any items she wanted. Gibson protested that warrants need to be issued for such searches, specifying the items to be seized, but Judge Goldston proceeded undeterred, and even ordered a bailiff to confiscate Gibson's smartphone, on which he attempted to record the extrajudicial search of his home.

Most readers will have heard of this case by now, and thankfully we can report the happy ending of Goldston being censured, fined and impeached by West Virginia Supreme Court over this incident, and stripped of judicial immunity by U.S. district court in a federal lawsuit. One small detail, however, has been overlooked in this nasty business.

Michael Gibson had worked in law enforcement for twenty-two years prior to this incident. That is, he himself was an agent of the State for over two decades... yet it did not stop the State from trampling on him and his home's sanctity the moment his rights proved inconvenient.

 

To government's agents (undoubtedly) reading this now, personally I hope that you never suffer the indignity and injustice which befell your colleague Michael Gibson. That said, please realize that YOU are in the best position to stop government from exceeding its authority by refusing unlawful orders. Someday it could be your neck under the State's boot!

Daniel Donnelly, Amenia, Representative
January 18th, 2023

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