Joe Smith was arrested, processed, and arraigned in the summer of 2020. His week went from normal to something out of a Franz Kafka novel after he entered the state prison system.
It was at the height of the Covid pandemic and although Smith could make his nominal bail of $2,500 without any trouble, he was instead thrown into a medical segregation ward of the Alaska prison system, told that he may have come into contact with someone who had Covid, and thus was denied any ability to make bail.
Smith, whose name has been changed because his case is still pending, said he was in a prison cell designed for two men, but which had eight men crowded into it. They were in the same situation — medical isolation because they may have been in contact with someone who had Covid. Some had even been released by the judge on their own recognizance but were imprisoned anyway by the Department of Corrections.
Smith was held for four days, and when his personal attorney called to find out what happened to him, the prison system, run by then Commissioner Nancy Dahlstrom, said they didn’t have him and they didn’t know where he was.
One of his best friends called the Anchorage detention facility, ready to post the bail for him, and asked where he was. He was told the same thing: The Department of Corrections simply didn’t know. Must Read Alaska verified this information with the friend, who is known to the author.
While in that crowded cell, Smith, a successful businessman, wrote a habeas corpus — a legal demand that he be brought before a judge or into court to secure his release or show what lawful grounds the Department of Corrections had for his detention. He gave it to a prison guard … but the Alaska Court System never received it. It went into the black hole of the prison system.
Smith gave Must Read Alaska permission to tell his story. He was prompted to reach out after reading about how then-Commissioner Dahlstrom forced prisoners in 2021 to get Covid shots, or she would deny them the right to see their family members or their lawyers.
Smith, a leading figure known to many in Alaska, said he would sign an affidavit to back up his claims that his constitutional rights were violated by the Department of Corrections.
Smith said it wasn’t just him; at least 20 other men he met during those four days also had their constitutional rights violated by the Department of Corrections in the same manner.
Smith has no other prior violations except a couple of speeding tickets, and this has also been verified by this author. The experience was eye-opening for him. During four days of being “disappeared” by the Department of Corrections, he had no way of knowing if he’d ever see freedom again.
While Smith, who says he is confident he will be exonerated once his case is heard, was shocked at how quickly life can become Kafkaesque in the prison system.
Dahlstrom, meanwhile, has since become lieutenant governor and is now running for Congress on a conservative platform.
Way to go Dunleavy/Dahlstrom, more excellence as usual.
Fighting the tough battles, like cleaning up the voter roll…or maybe not.
Hmmm…put her in the same system, lose the paperwork.
Nancy belongs on the hot seat right next to Ann Zink and the “Mastermind” mad scientist Anthony Fauci who is untouchable by Biden’s corrupt DOJ
Bravo Andy!!
Tell me again this is a conservative state.
Nancy needs to be investigated for this.
As usual, when poop hits fan the Cowardly Lion is hiding under someone’s desk.
When I think of Dunleavy, I’m reminded of a derogatory term from the movie the Cain Mutiny. Dunleavy is Old Yellowstain.
If anyone can find him, give him a white feather.
Haha. Very true.
While I will most definitely vote for Trump. His endorsement was a major mistake.
What crap! If the system of justice ever worked in this state it’s long gone but current ” players” that swear an oath needs to be investigated by a Grand Jury NOW . The right to petition our government should never be lost in any system of government, much less a ” human citizen ” of this country or state! Mr. Smith never give up!
You said:
AI Under what conditions like ( covid ) can an US citizen be denied bail & his ” rite of habeas ” corpus be ever lost in the American justice system ?
ChatGPT said:
ChatGPT
In the U.S. legal system, the right to habeas corpus, which allows individuals to challenge unlawful detention, is a fundamental protection. However, there are specific conditions and scenarios where bail might be denied and habeas corpus could be affected. Here are some conditions and situations where this could happen:
Serious Charges: If a person is charged with a very serious crime, such as murder or terrorism, bail can be denied based on the severity of the offense and the potential danger to the community.
Flight Risk: If the court determines that the accused is a significant flight risk—that is, they might attempt to flee to avoid prosecution—bail may be denied to ensure the individual remains available for trial.
Risk to Public Safety: If there is substantial evidence that the individual poses a risk to public safety or the safety of specific individuals, bail may be denied.
Previous Violations of Bail Conditions: If the individual has a history of violating bail conditions in previous cases, the court may decide to deny bail.
Certain Statutory Restrictions: Some jurisdictions have specific laws that might restrict bail in certain types of cases or under certain conditions. For instance, federal law has specific guidelines for bail in certain serious offenses.
Emergency Situations: In extraordinary circumstances, such as during a severe public health crisis (e.g., the COVID-19 pandemic), there may be temporary modifications to how bail and detention are handled. However, this does not mean that the right to habeas corpus is completely lost. Courts may adapt procedures to balance public health concerns with individual rights.
Civil Commitment: In certain cases involving mental health issues, individuals might be held under civil commitment laws. This is different from criminal detention and might not involve traditional bail procedures, though habeas corpus rights still apply.
National Security: In some exceptional cases involving national security, such as during periods of wartime or terrorism threats, certain detentions might be handled differently. However, even in these cases, habeas corpus rights are a fundamental protection and are not completely abrogated.
It’s important to note that while bail can be denied under these conditions, the right to challenge detention through habeas corpus remains a critical part of the justice system. If someone believes their detention is unlawful or their rights are being violated, they can petition the court to review their case.
Excellent information.
It matters not what side of the aisle the misdeed is done by. Exposure is best.
When MRAk reports even on conservatives’ critical failings, it is in sharp contrast to the mainstream Left reporting that consistently offers a pass to those on “their” team.
There does need to be an investigation into this issue and any similar issues of prison problems due to the exceeding number of inmate deaths in the past couple of years.
A lot of people think that prisoners get a free ride and life is cushy. Not so. I had a family member who spent four years in the system and you would be shocked. When he entered he was given a set of scrubs-like clothing and a pair of cheap slip-on sneakers. The type of coat they each had depended on what someone donated. Families are not allowed to bring in extra clothing or better footwear. At one point, permission was given to order boots and a coat from their ‘approved’ vendor. A pair of sneakers cost 81 bucks and fell apart very quickly. The order itself came to the prison quickly but sat in a storage trailer for weeks before being handed out. Anything that the families are allowed to order must come from their approved vendors which are really expensive. Only non-profit organizations can donate clothing, etc. Our family member broke a bone in his foot while there and it took months to convince the prison to do an xray even though the handbook for the facility states their medical care must be comparable to care outside the system. Once the xray was done, he was told it was too late for anything to be done about the fracture. This was at Goose Creek. The only thing that kept us from losing our minds was his eventual transfer to the Correctional Farm. We had a good experience with the staff there. They were thoughtful and most appeared to care that they did a good job. Kudos to them. But Goose Creek? We weren’t expecting anything except adequate clothing and care. We offered to take care of any costs. No dice. It is just wrong for there to be snow on the ground and prisoners to be out there with nothing but scrubs, a flimsy jacket and slip on sneakers. Want a worthy cause? The correctional system is a good start.
This is like something out of the third world.
It debatable if we have joined the 3rd world.
This is BAD really bad! How could I ever trust her to not lock down Alaska unnecessarily! This is not what conservatives stand for! Choose your fighter now!
From another article – this explains everything.
It’s Nancy Dahlstrom’s job, but she’s too busy trying to get Alaska’s congressional seat. Here’s how this year’s Alaska election is supposed to unfold, according to the secret, willfully conduct of Mike Dunleavy:
Trump wants Dunleavy as his Secretary of Interior in order to open up oil and gas lands in Alaska and other states. That would elevate Nancy Dahlstrom to the Governor’s Office. But Dunleavy thinks Nancy is better in Congress, so he gets Trump to campaign for Dahlstrom in the hopes that Dahlstrom can beat Nick Begich in the Primary, then Nick signs out from the General as he promised. Then, Dahlstrom has a fair shot at taking out Mary Peltola with Begich out of the way.
If Trump wins, and Dahlstrom wins,
Dunleavy will first appoint a new Lt. Governor,
much like Bill Walker did when Byron Mallott resigned in 2018. Valerie Davidson, who was Walker’s Commissioner of Health and Social services became Lt. Governor for a few short weeks.
Dunleavy would appoint his little known Alaska Transportation Commissioner Ryan Anderson to the Lt. Governor’s seat. After Dunleavy departs for his new job as Secretary of Interior, Ryan Anderson moves quickly into the Governor’s seat.
That’s the Dunleavy game plan. And that’s the reason Nancy Dahlstrom is still going to hang in there without agreeing to drop out of the Primary. Nancy gets access to Trump, and money, for her campaign, Dunleavy moves to DC, and a virtual nobody named Ryan Anderson, who is Mike Dunleavy’s best friend, becomes governor.
So, who can stop Dunleavy’s scheme?
Nick Begich III, and all of his supporters.
A good example of a mediocre person who has stayed around long enough to make it almost to the top but never excelled at anything. Time for retirement from State Office and employment.
this is horrible! why did dunleavy pick her as lt gov?
this is the worst gov/lt gov team alaska has ever had
Nancy is untouchable and she knows it. Sad to think she is going to pull a Palin simply to keep Peltola in office to sustain the demographic shift with the people in-charge. Good night Irene.
I can’t name a single thing Dunleavy has achieved in 6 years or Dahlstrom in 2 years. Can you?
donald trump and his team did not vet his endorsement of nancy dahlstrom, they took the word of gov dunleavy who lied to them.
trump should endorse nick begich iii
You nailed it right on the head!
Big Mike has a close relationship with DJT which enabled him to get Dahlstrom the endorsement she needed to foil our election.
We all need to stand together to fight this tyrannical fool from going anywhere.
NB3 all the way only!
No rigged choice!
Thank you for this reporting, Suzanne.
I knew there were “problems” with Nancy Dahlstrom’s decisions and behavior at Corrections, but I did not have direct evidence. For her the U.S. and Alaska Constitutions mean nothing. Dahlstrom is the last person in this race who should represent Alaska and Alaskans in Congress.
VOTE FOR NICK BEGICH!
Suzanne , AI may not be human but truth isn’t judged in a vacuum & neither is one’s Liberty! Liberty Ed
AI ” However, even in these cases, habeas corpus rights are a fundamental protection and are not completely abrogated.” & ” If someone believes their detention is unlawful or their rights are being violated, they can petition the court to review their case. ” Please write me an argument to defend those rights?
ChatGPT said:
ChatGPT
Certainly! Here’s an argument defending the fundamental right to habeas corpus, even in challenging circumstances such as those involving national security, public health emergencies, or other extraordinary conditions:
Argument for Defending the Right to Habeas Corpus
The right to habeas corpus is a cornerstone of the American legal system, enshrined in the U.S. Constitution and deeply rooted in the principles of justice and liberty. This right ensures that no individual can be detained without just cause, and it provides a critical safeguard against unlawful detention and abuse of power. Even in extraordinary circumstances, such as national security threats or public health emergencies, the fundamental nature of habeas corpus must be preserved for the following reasons:
Constitutional Foundation: The right to habeas corpus is guaranteed by Article I, Section 9 of the U.S. Constitution. It represents a fundamental protection against arbitrary detention and is a key element of the rule of law. The framers of the Constitution recognized the importance of this right as a bulwark against tyranny and injustice. Abrogating or significantly limiting this right undermines the very principles upon which the Constitution is based.
Prevention of Abuse of Power: Habeas corpus serves as a critical check on executive and judicial power. Without this safeguard, there is a risk that authorities could detain individuals without proper justification, leading to potential abuses and violations of civil liberties. The availability of habeas corpus ensures that there is judicial oversight of detention decisions, preventing arbitrary or unjust confinement.
Judicial Review and Accountability: The right to challenge detention through habeas corpus provides an essential mechanism for individuals to seek redress and ensure that their detention is lawful. It allows for judicial review of the conditions and legality of detention, thereby upholding accountability and transparency within the justice system. Even in times of crisis, this review process is crucial for maintaining public trust and adherence to legal standards.
Protection of Individual Rights: Fundamental rights, including habeas corpus, are not contingent upon the circumstances of a particular moment. The principle of equal protection under the law requires that these rights be upheld consistently, regardless of the situation. Individuals must be able to challenge their detention to ensure that their rights are not being violated, thereby preserving the integrity of the legal system.
Historical Precedents: Historical examples demonstrate that suspending or undermining habeas corpus rights can lead to grave injustices. For instance, during the Civil War, the suspension of habeas corpus led to widespread abuses and unlawful detentions. These historical lessons underscore the importance of maintaining this right even in difficult times to prevent recurrence of such abuses.
Emergency Powers and Limits: While it is important to adapt legal frameworks to address urgent circumstances, emergency powers must be exercised within the bounds of constitutional protections. The right to habeas corpus can coexist with necessary emergency measures if properly balanced. For instance, during the COVID-19 pandemic, adaptations were made to ensure public health, but these did not eliminate the right to challenge detention. This balance is crucial to maintaining both security and civil liberties.
In conclusion, the right to habeas corpus is a fundamental protection that must be upheld in all circumstances. It serves as a critical check on governmental power, a safeguard for individual liberties, and a mechanism for judicial review and accountability. Preserving this right ensures that the principles of justice and rule of law are maintained, even during times of crisis.
This argument highlights the essential nature of habeas corpus in protecting individual rights and maintaining the integrity of the legal system, emphasizing that it should not be compromised even in challenging situations.
Stay strong everyone & believe . God is watching!
Strange this story has a bad smell .
I know this site is trying to promote Begich over Dahlstrom. I think both candidates are not the best choice. My biggest concern about Begich is that there should never had been a reason for Begich to vote for Berkowitz. I understand the reasoning on why someone might vote for their family member but there was nothing Berkowitz offered that would make a conservative vote for him over Demboski. I was luck to be able to interview both when they were running for Mayor and Ethan had no specifics. You could tell he really was using the Mayor position as a stepping stone It is that one fact of voting for a liberal for no reason that makes me question how conservative he is. Dahlstrom on the other hand on not dropping out if she loses smells of the same problem. Is she doing this for Mary.
Terrible Terrible choices
Amy Demboski is supporting Nick Begich though. That says a lot.
To step on our civil rights like this when given an opportunity to stand up for them. Can’t go there with Nancy.
Alaska’s top jailer sounds like a piece of work. But here’s the question: Was Dahlstrom even paying attention back then? She’s known for phoning it all in, super lazy, just wants to be at ribbon cuttings. So maybe she was on vacation in Hawaii. A couple of weeks ago in Ketchikan she told all of us attending the candidate forum that she’d rather be in Hawaii than in Alaska. Then we all voted to endorse Nick.
Before we point all the fingers at Dahlstrom, let’s look at the big picture. Covid is/was the biggest scam ever perpetuated on the American people. Possible future VP Walz jailed people for not conforming to the ever changing Covid rules. The CDC was changing guidelines daily and we all know about Dr Fauci and his web of lies. We can never again allow the government to treat us like they did during Covid.
On a final note, prisons are not hotels and they aren’t hospitals. Many of those brought in suffer a myriad of mental and health issues. An offender can become a “hot potato” where no one wants to touch them, the police, hospitals, shelters, etc., so they get dumped in the prisons. Add to this very weakened bodies due to years of substance abuse and yes, we have a real problem.
True. But none of that overrides their constitutional rights. There probably was another way to handle this, but she didn’t bother to look.
You need to realize she faced the wrath of the CDC, the rulings of Lord Fauci, and a rabid mainstream media.
Lock-up Nancy Dahlstrom and let her sleep and eat with the inmates. And if her husband wants a quick conjugal visit, make him take the jab each time.
I bet he skips the jab and heads home. The internet has more selection. G’night, Nancy. Hope the meal was good.😂
Why wasn’t this info available and in voters faces from day one immediately after it took place?
I’m going with whoever is not part of the current Pro Abortion. Morals people….. If your candidate has to encourage those from outside Alaska (dark money) to push your Abortion loving ways, then YOU my friend are the problem. This election isn’t about your feelings!
If you people think Nancy Dahlstrom has a heart, you better think again. This old woman is a witch who is trying to get pulled up the political system before her body runs out on her. She’s a liar, and a deceitful person. She will do nothing as either a congresswoman or a governor. She has done nothing as a Lt. governor. She destroyed the Corrections Department as Commissioner. Learn about her now.
Thank you, Suzanne, for your truthful reporting.
And believe us, Nancy reads MRAK all day long.
Nancy Dahlstrom is a no. I’m with Begich.
Dahlstrom should be running as a Democrat. She’s pulling the same sh*t against citizens than Democrat prosecutors and judges pulled on Trump.
Wow! The Donald really got hoodwinked by Dahlstrom. What a piece of garbage Dahlstrom really is.
This story woke me up to the facts. Thanks, MRAK.
I wonder if a couple two or three Writs of Mandamus would be helpful. It would be nice not to break the republic form of government.
Someone in DC really made a mistake – all we see and hear are ads on TV and radio for Dahlstrom. What a waste of money.
THANK YOU FOR YOUR INTEGRITY TO WE THE PEOPLE MA’AM, NANCY REMEMBER WE THE PEOPLE HAVE YOUR BACK LIKE YOU HAVE HAD OURS. ITS FUNNY HOW THE GOOD ONES GET ATTACHED JESUS NANCY PRESIDENT TRUMP OUR GOVERNOR ALL ATTACKED. FOR DOING GOOD WE THE PEOPLE ARE TAKING IT BACK. SCAT evil FAKE BOOOOOOO. MAGA
Nancy Dahlstrom could give a damn about ‘we the people.’ She wants the best deal for herself. Otherwise, she would step aside and let Nick Begich bump off Mary Peltola. Dahlstrom already has a job ……Lt. Governor…..which she hasn’t performed at.
Per the article, “Smith gave Must Read Alaska permission to tell his story.” So then why the fake name?
Because he still is embroiled in his legal pleadings?
Did you read the story?
Okay, but definitionally, when one uses a fake name, that is not “giving permission to tell his story.”
And if all this Dahlstrom stuff isn’t bad enough we have troopers beating up innocent citizens!
The basis for denying bail, “may have come into contact with someone who had Covid” is classic. Most people have no idea just how corrupt this state government is. Joe Smith is likely a white businessman, Alaska treats Natives completely different. It is really bad, far worse for the majority of individuals Alaska incarcerates. The prison industry is very lucrative for the contractors who provide services, just the Secrus phone contract tacks $3.50 per call. The corrections officer state workers are truly the bottom of the barrel, a barrel at best with low standards.
You are clueless. No have no idea what goes on inside the walls. How we have forgotten in just a few years how draconian the Covid restrictions were. CDC, Lord Fauci, and the rabid mainstream media ruled us. How can you call me bottom of the barrel when you’ve never met nor know me?
And why aren’t the charges against him revealed?
You may want to remember and consider this when you go to the polls this year.
Everyone in the chain of command, from Dahlstrom to the people in charge at the facilities in this particular instance, needs to spend a lot of time in jail over this. Justice needs to be served, no matter how long it takes, for the covid scam and the assault on our liberties.
False accusations. The if one did not obey the CDC and Lord Fauci you were done. Ms. Zink I believe her name was at the time, was in charge of the state health dept. She followed the narrative and created all this.
Following illegal orders is no excuse. Remember Nuremberg?
Lock her up. Four days of no contact with her family or lawyer. It would be a good experience for her.
How about four months? It would be a good experience for all Alaskans.
False accusations. The if one did not obey the CDC and Lord Fauci you were done. Ms. Zink I believe her name was at the time, was in charge of the state health dept. She followed the narrative and created all this.
Nancy Dahlstrom’s performance at her last two high profile state jobs have been less than stellar. For a trifecta of failure, Nancy will refuse to withdraw from the Congressional seat race when Nick smokes her in the primary. Too much money from national Republican sources. Don’t will another ‘Lucy and the football’ moment in 2022 where a Republican didn’t drop out from the primary and handed Peltola the seat.
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