Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Things that are not part of politics happening presently and how we approach or address it as Anabaptists.
JohnHurt

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by JohnHurt »

Ken wrote: ↑Sat Aug 27, 2022 3:44 pm
Szdfan wrote: ↑Sat Aug 27, 2022 3:16 pm
Ernie wrote: ↑Sat Aug 27, 2022 8:27 am If this is true, he isn't the first one to do this...
It certainly sounds like he’s trying to drag it out.

https://www.foodsafetynews.com/2022/05/ ... -and-fsis/
After a court telephone conference this past week where Amos Miller agreed to comply with a court’s order, the judge then ordered him to make a “good faith” payments totaling $105,065.

Miller has responded with a blizzard of court filings, usually signing them as “Amos Miller, living man.” In one submission, he asks the court to dismiss his counsel of record, Steven Lafuente.

The court has refused to dismiss Lafuente from the case since Miller last year “fired” the Dallas attorney. Miller wants to replace him with a “sovereign citizens” group out of Washington State. This time, Miller’s dismissal request involved a claim that bar association membership voids citizenship.
That’s pretty bonkers.
I hear Rudy Giuliani is out of work and needs money since his last client never paid him. He was also stripped of his bar membership and had is license suspended so he should be good to go as far as "citizenship" is concerned. Maybe he is available :lol:
I would not trust "foodsafetynews.com" for an unbiased opinion.
Since 1993, the contaminated food lawyers of Marler Clark have represented thousands of clients in litigation against restaurants and companies whose food was identified as the source of illness.

Our food poisoning lawyers have represented victims of nearly every major E. coli, Salmonella, Listeria, or other foodborne illness outbreak across the country. For those who suffered illness from contaminated food, attorneys at Marler Clark provide expert, caring counsel.
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Ken
Posts: 21863
Joined: Thu Jun 13, 2019 12:02 am
Location: Washington State
Affiliation: former MCUSA

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Ken »

JohnHurt wrote: ↑Sun Aug 28, 2022 10:56 am
mike wrote: ↑Sat Aug 27, 2022 8:11 pm
Szdfan wrote: ↑Sat Aug 27, 2022 7:29 am
Someone correct me if I’m wrong, but isn’t this standard with all meat packing facilities —USDA inspectors are supposed to have access and can show up anytime? Miller isn’t being targeted, he’s facing the sane requirements as everyone else.
I think so. The USDA inspector for a local butcher shop that I do business with has his own office in the building, even though it is a fairly small operation. I don't know if he is actually there every minute of the time when they are butchering, but he certainly can be.
The difference is, your local butcher shop is selling to the public. Miller is selling to his private club.
Have you even looked at his web site? He has "food clubs" in 12 different states. Which makes him a wholesaler conducting commerce across state lines. Selling products from a farm in Pennsylvania to a "food club" in Alabama is no different from selling products to a private school in Alabama, a hospital in Alabama, a restaurant in Alabama, or a person in Alabama. It is all interstate commerce and makes no difference whether the entity you sell to is "private" or "public". The type of entity that you sell to doesn't determine whether or not commerce is occurring. The fact that you are SELLING does.
Last edited by Ken on Sun Aug 28, 2022 12:29 pm, edited 1 time in total.
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A fool can throw out more questions than a wise man can answer. -RZehr
temporal1

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by temporal1 »

JohnHurt:
I would not trust "foodsafetynews.com" for an unbiased opinion.
Nor should this forum’s google copy+paste champions be confused with interpretation of law, or legal counsel.
Or scriptural interpretation, or most anything else.
Image
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Valerie

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Valerie »

https://thehighwire.com/videos/man-heal ... -raw-food/

This guy interviewed buys meat from Amos Miller- he has an incredible story about his own health recovery
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ohio jones

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by ohio jones »

Valerie wrote: ↑Sun Aug 28, 2022 12:29 pm https://thehighwire.com/videos/man-heal ... -raw-food/

This guy interviewed buys meat from Amos Miller- he has an incredible story about his own health recovery
The guy interviewed is from Wisconsin, in case there are any lingering doubts about interstate commerce. And no, Amos does not hitch up his buggy for a delivery to Max; probably sends it UPS in a styrofoam cooler with dry ice if it's a small enough order.
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Ken
Posts: 21863
Joined: Thu Jun 13, 2019 12:02 am
Location: Washington State
Affiliation: former MCUSA

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Ken »

ohio jones wrote: ↑Sun Aug 28, 2022 1:29 pm
Valerie wrote: ↑Sun Aug 28, 2022 12:29 pm https://thehighwire.com/videos/man-heal ... -raw-food/

This guy interviewed buys meat from Amos Miller- he has an incredible story about his own health recovery
The guy interviewed is from Wisconsin, in case there are any lingering doubts about interstate commerce. And no, Amos does not hitch up his buggy for a delivery to Max; probably sends it UPS in a styrofoam cooler with dry ice if it's a small enough order.
There never were any doubts about interstate commerce. He runs his private food clubs in 10 different states. Look at his web site: https://www.millersorganicfarm.com/Food ... ep_72.html

Let's pick one at random. His club in North Carolina which has a separate web site: https://www.ncfarmfreshfood.com/

Lest you think this is some "independent" club that is not affiliated with Miller, scroll down to the membership application in which it tells you that the food will be shipped from Pennsylvania to North Carolina: https://www.ncfarmfreshfood.com/club-membership/ under shipping charges:
Shipping and Handling charges are billed on a per box basis and are determined based upon the quantity of products ordered each month. The first box is $18.00 and each additional box is $5.00. So if you order 3 boxes full of products, the total shipping will be $28.00 ($18 + $5 + $5). Roughly 4 gallons of milk will fit in one box. This fee covers the cost of the truck that carries the food from the farm in Pennsylvania to North Carolina and the labor to pack the orders at the farm.
And if you scroll all they way down to the bottom and click on the "Become a Member" link on his North Carolina page it brings up the same exact Miller Farm Membership form word for word as is on his main PA web site compete with all the sovereign citizen constitutional nonsense. https://www.ncfarmfreshfood.com/custome ... nt/create/

So his North Carolina food club is nothing more than just an extension of his PA farm and prima facia evidence that he is conducting business and commerce across state lines. The notion that these are "independent" clubs that formed up "organically" so to speak is just a scam. They are all formed and controlled by Miller for the purpose of marketing his products across state lines.
Last edited by Ken on Sun Aug 28, 2022 2:16 pm, edited 1 time in total.
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A fool can throw out more questions than a wise man can answer. -RZehr
Szdfan

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Szdfan »

temporal1 wrote: ↑Sun Aug 28, 2022 12:23 pm
JohnHurt:
I would not trust "foodsafetynews.com" for an unbiased opinion.
Nor should this forum’s google copy+paste champions be confused with interpretation of law, or legal counsel.
Or scriptural interpretation, or most anything else.
Neither should pulling nonsense out of your bodonkadonk.
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temporal1

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by temporal1 »

Szdfan wrote: ↑Sun Aug 28, 2022 2:08 pm
temporal1 wrote: ↑Sun Aug 28, 2022 12:23 pm
JohnHurt:
I would not trust "foodsafetynews.com" for an unbiased opinion.
Nor should this forum’s google copy+paste champions be confused with interpretation of law, or legal counsel.
Or scriptural interpretation, or most anything else.
Neither should pulling nonsense out of your bodonkadonk.
i have no idea about your word, did you author it?
i agree with you when you sometimes describe how you (to paraphrase) prefer not to rely on internet opinions/advice, this forum is an opinion forum, no one’s certificate or diploma or career is hedging on it ..

my words were intended to be a reminder. that’s pretty much it. i don’t believe there are any members present who are practicing attorneys - actual attorneys are unlikely to weigh in with legal advice - without retainers.

“look! i found it on (biased) google,” is not legal counsel.
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Judas Maccabeus

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Judas Maccabeus »

JohnHurt wrote: ↑Sun Aug 28, 2022 10:56 am
mike wrote: ↑Sat Aug 27, 2022 8:11 pm
Szdfan wrote: ↑Sat Aug 27, 2022 7:29 am
Someone correct me if I’m wrong, but isn’t this standard with all meat packing facilities —USDA inspectors are supposed to have access and can show up anytime? Miller isn’t being targeted, he’s facing the sane requirements as everyone else.
I think so. The USDA inspector for a local butcher shop that I do business with has his own office in the building, even though it is a fairly small operation. I don't know if he is actually there every minute of the time when they are butchering, but he certainly can be.
The difference is, your local butcher shop is selling to the public. Miller is selling to his private club.
Which is clearly involved in interstate commerce.
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Judas Maccabeus

Re: Amish farm under threat from U.S. federal govt for refusal to abandon traditional farming practices

Post by Judas Maccabeus »

JohnHurt wrote: ↑Sun Aug 28, 2022 10:52 am
Judas Maccabeus wrote: ↑Fri Aug 26, 2022 11:34 pm
JohnHurt wrote: ↑Fri Aug 26, 2022 9:02 pm

Because of WWII, Congress created the Dept of Defense without changing the Constitution, and then created the other "3 letter" agencies at the Federal level, all of which violate the 10th Amendment. The 1968 Gun Control Act and 1968 Controlled Substances act - no one ever even thought they would have to pass these as amendment to the Constitution, as they did in the early part of the 20th century for Prohibition.

Although some of these laws are needed, when they are administered at the State level, the average person can object to the law through the State Legislature, or move to another State. At the Federal level, you have very little recourse.
Have you ever actually read the constitution? Executive departments are mentioned in article 2, section 2 and have been in existence since Washington’s administration. Defense department was a renaming of the War department. There is no need to amend the constitution to create, eliminate or rename departments. It simply can be done through an act of congress. The power to create these agencies derive from Article 1, section 8.

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The fact that this farmer is involved in interstate commerce is almost a certainty. Courts have held if anything used there in came across state lines, it is interstate commerce. The case that held that involved a restaurant that claimed it was not involved in interstate commerce, and behold, the ketchup on his tables were from out of state. In the present world, it is unavoidable.

Sovereign Citizen arguments stem from an ignorance of how courts have historically decided these cases, and understood the Constitution. Presenting a novel argument seldom works. There is 200 years of history there, and these arguments simply ignore all of it.
Here is a list of the "enumerated powers" granted to Congress by the US Constitution:

https://en.wikipedia.org/wiki/Enumerate ... ed_States)

You won't find USDA in this list at all. The only relevant enumerated power is this one:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
That is, if Miller is selling his products across State lines, you could make an argument that the US-Duh has jurisdiction over Miller's farm by regulating interstate commerce - but only for the products Miller has sold across State lines.

But it does not make sense.

I find it hilariously funny to even think that an Amish farmer would need to drive his horse and buggy going "clip clop, clip clop" down the highway to engage in interstate commerce. It is not even plausible! His horse would wear out.

I looked at Google maps, and the distance from Bird in Hand PA to the nearest out of state city (Rising Sun MD), is 32 miles, down a busy Hwy. If Miller went the back roads in his buggy, it is even further. You need to prove that Miller actually travelled out of state before you can make your point.

From what I understand, you are trying to tell us that Miller is travelling 64 miles round trip to another State to sell his meat products. I suppose Miller's meat products are thrown in the back of his Amish carriage, maybe in a "Amish cooler" or something (how do the Amish make ice without electricity?) How much meat could Miller carry, and why bother, when you already have 4,000 customers coming to your door. I really cannot see Interstate Commerce as even a remote possibility.

The "Sovereign Citizen" argument is also a hoot. This is a convenient label the US-Duh, and other Federal agencies attach to anyone that stands up to them.

So how did Miller learn about the "Sovereign Citizen" movement? Did he learn about it on the internet? No, he does not have electricity, so no internet.

Maybe Miller has joined some sort of Militia? No, he is Amish and therefore does not engage in war or killing other people.

None of the arguments the US-Duh makes any sense in this case. They are obviously hassling an Amish farmer because he is successful. And if more people copy Miller and his techniques become widespread, it will hurt the bottom line of Big Agriculture.

That is the only reason for the $300,000 fine - to "send a message" to everyone else. No one is complaining except the US-Duh.

I have had several different types of jobs, one of which where I had to go to a few large slaughterhouses. The stench was incredible, just like the smell of a large feedlot - where the most inhumane methods of food production are used. That cannot be healthy. Mr. Miller has a much better solution.
Courts have rightly ruled that if ANY of your business is interstate commerce,!all of it is,

Congress has power to regulate interstate commerce, and can do so by creating agencies and cabinet departments. Been this way since the Washington administration. These novel legal arguments will never stand up in court.

If you really want to understand how government work, go down to your local community college and sign up for a course like “American National Government “, I used to tutor struggling students from such a course. Than likely you will realize what nonsense you are spouting.
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