[UPDATE] New video embedded from YouTube.
Second UPDATE In response to comments that the woman may be the focus of a criminal investigation, I am more than willing to accept that in light of the statement by the DOE. However, there was no reason to smash down the door to serve that search warrant, or to detain the individual in question, who in any event was not the subject of the investigation. I've seen search warrants served and unless there is a belief that the individual is armed and dangerous (no indication of that here) the federal officers in question should have knocked and identified themselves.
I also note that the story on the ABC News 10 Website has been taken down and the video disabled. That is extremely odd to say the least. I do not know how long the YouTube video I have posted will remain up.
Here is a link to the story at Yahoo.com which includes the DOE's statement.
I have changed the language of the story to include the limited information about this case by the DOE. The changed language will be italicized.
Update 3 -The DOE statement states they do not collect on defaulted loans. They make no further comment on the raid on Mr. Wright's home. Their statement is inadequate. It leaves us to infer that the search warrant issued against Mrs. Wright was related to an "investigation" regarding "bribery, fraud, and embezzlement of federal student aid funds" though they do not specifically say so.
Regardless of the basis for the warrant issued for Mr. Wright's estranged wife on behalf of the DOE, that does not justify the actions taken by DOE officials and police as described by Mr. Wright in the ABC 10 Video, in damaging his property and detaining him. The DOE could have issued a statement that Mr. Wright was not detained as he claims but they chose not to do so. Nothing they said contradicted his statements about what happened to him. The physical evidence shown on the video supports his version of events. The Stockton Police statement as reported by ABC 10 that Wright's door was not knocked down strains credulity in light of the video clearly showing the damage to the door.
Update 4: Changed title based on DOE claims it was not collecting on the wife's student loan default, though they refuse to inform us of the the basis for their "criminal investigation" other than to tell us they only obtain warrants for "bribery, fraud, and embezzlement of federal student aid funds." In any event, the actions taken against the innocent husband, Mr. Wright, were over the top and in my mind abusive and egregious. Obviously, since he wasn't charged with anything, not even resisting arrest, it would appear at the least the DOE owes him the apology he seeks and restitution for the damage they caused to his home.
UPDATE 5 -- Here is the link to the search warrant. The most relevant part of the warrant is the affidavit of Howard Nance which states that the authorities executing the warrant are to search for evidence related to Financial Aid Fraud, Conspiracy, Theft of Government Funds, Making a False Statement to Government Agency and Wire Fraud. The affiant (i.e., Mr Nance) states that he has reason to believe that [name not indicated, but presumably Mr. Wright's estranged wife] is present at Mr. Wright's home which is described in the affidavit on Attachment A-1. One page of the affidavit, page 4 of Attachment B is not included. That page was stated to include the names of people for whom evidence of contacts with Mr. Wright's wife was sought. Presumably they are her alleged conspirators.
I have also changed the title to indicate that DOE officials executed the warrant. Mr. Wright might very well have felt that these officials of the DOE were a SWAT team, but there is no information indicating that they were so designated.
Here is a link to the DOE Office of the Inspector General describing the DOE's law enforcement authority and capability.
Section 6(e) of the Act provides that the Attorney General may authorize covered individuals to:
1. carry a firearm while engaged in official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney General;
2. make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such individual, or for any felony cognizable under the laws of the United States if such individual has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and
3. upon probable cause to believe that a violation has been committed, seek and execute warrants for arrest, search of a premises, or seizure or evidence issued under the authority of the United States.
That link also describes the law enforcement training OIG Special Agents (That's what they are called) receive.
Here is a link to a Washington Post Article regarding the purchase of 27 shotguns for the DOE office of the Inspector General last year.
Here’s a statement from the office in response to a question about why need 27 shotguns with a 14-inch barrels:
“The Office of Inspector General is the law enforcement arm of the U.S. Department of Education and is responsible for the detection of waste, fraud, abuse, and other criminal activity involving Federal education funds, programs, and operations. As such, OIG operates with full statutory law enforcement authority, which includes conducting search warrants, making arrests, and carrying firearms. The acquisition of these firearms is necessary to replace older and mechanically malfunctioning firearms, and in compliance with Federal procurement requirements. For more information on OIG’s law enforcement authority, please visit their Web site at : www.ed.gov/oig”
Apparently a number of right wing conspiracies have suggested there was something nefarious about the purchase, but it seems to meet with the OIG's legal authority as the investigative and enforcement arm of the DOE.
* * *
We are all terrorists now, apparently. All that is required for you to be labeled a dangerous threat requiring a SWAT team intervention and be subjected to the treatment described in the video below is to have a relative or spouse allegedly be the subject of a search warrant regarding a potential crime in connection with a government student aid.
From Raw Story:
Kenneth Wright of the city of Stockton was grabbed by the neck by handcuffed before he and his three young children were put in a police car as the officers searched his house, he told ABC News10. He said he was in his underwear the whole time.
“They busted down my door for this. It wasn’t even me,” Wright told the local news station. “All I want is an apology for me and my kids and for them to get me a new door.”
So, let me get this straight. A SWAT team of DOE Office of the Inspector General's Special Agents is necessary to break into a home in Stockton California in search of a woman who is alleged by the DOE to possibly be involved in Financial Aid Fraud defaulted on her student loan and/or may have been involved in some criminal activity regarding said loan and said SWAT team of Special Agents physically abuses her estranged husband, handcuffs him and detains him and his children for 6 hours.
Is anyone Okay with that?
I didn't think so.