Flip a cop on the Dragon

You can flip off a cop and file a lawsuit, or flip off a cop and lure him to his doom on the Dragon

Flipping Off Police Officers Constitutional, Federal Court Affirms

WASHINGTON -- A police officer can't pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York's disorderly conduct statute, but the charges were dismissed on speedy trial grounds.

A federal judge in the Northern District of New York granted summary judgement to the officers in July 2011, but the Court of Appeals on Thursday erased that decision and ordered the lower court to take up the case again.

Richard Insogna, the officer who stopped Swartz and his wife when they arrived at their destination, claimed he pulled the couple over because he believed Swartz was "trying to get my attention for some reason." The appeals court didn't buy that explanation, ruling that the "nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness."

FULL TEXT OPINION - UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, John Swartz, Judy Mayton-Swartz v. Richard Insogna, Kevin Collins, Docket No. 11-2846-cv, Decided: January 3, 2013

69 Comments

Finally we can do something, small though it may be, to counter the spreading phash ism.

Cops get paid way too much for what they do, the local sheriffs where I live are paid 300 percent of the national individual median average wage. In addition to getting a whopping three times more than the average Joe they harrass and bother, they have platinum benefits. All paid for by the taxpayer, in the service of enforcing inequality and laws increasingly benefitting the oppression of the ruling One Percenters. Cops jobs are not even in the top ten of the most dangerous jobs, and they choose to accept the dangers inherent with their work.

it's a good ruling but i still wouldn't recommend doing it since the cop will use his "BlueCode" buddies to get back at you. Only difference between cops and gangs are the uniforms

Cops are the worst criminals. You love criminality? This is the second post I noticed that appears to come from one of the 6 people in the US who've never been wrongly accused by a cop who doesn't care whether he's right or not. Keep the faith. They'll get you sooner or later, and you'll be shocked. Repeat after me: I can't believe they would purposely lie. You'll be saying it soon.

I have in my own lifetime and personal experienced actually witnessed at least five police officers lie under color of authority, two falsified a police report and three lied in front of a judge regarding a traffic violation they trumped up against me. (My lawyer succeeded in using their own conflicting lies to exonerate me!) Anyone who defends law enforcement today is really willfully blind to their criminal actions.

Funny, because I was arrested for that in 1984. A bit different then the story above. I had already been harassed by the same officer a few hours earlier. He was a real piece of work. He actually called in reinforcements. Within 10 minutes, not less than six cars had arrived, including state police and DEA. The DEA guy was also a payload. I eventually told him he could leave his weapon with his colleague if he wanted to boogie. I was released after 5~minutes behind bars, after the Sherriff's department realized that one of the charges was NOT GROUNDS TO ARREST ON. Simple as that. All charges then were dropped. I was told I had a good civil case but never pursued it. Anyway, I am now good friends with a few police but they are decent people. My closest police buddy is a chief and is the closest thing that exists to 'Andy of Mayberry'. Which brings me to primary the reason why I wrote this post. He (the chief) has been victimized by his own officers. He is too strait for them and they prefer to jack around. Since he is also a kind-heart, he lets them get away with it and that only emboldens them. A group of officers signed false a complaint against the chief and when he beat the charges, two apologized. A couple of months later, the same two did it AGAIN. Moral of story: This country is going down the toilet~~PLENTY.

When I was a law enforcement officer I can say that I never saw anyone flip me off. Maybe because I treated them with respect and tried not to give them a reason to act or display themselves in a foul manner. Sad to say that there are many officers that don't deserve the respect that their badge promotes. " Protect and serve" to some means nothing. I respect them for what they have to go through but also believe they should not mar the authority given to them.

So the court ruled the cop lied under oath, correct? And in an official capacity? I suppose he gets a pass for perjury. We need a national three-strikes law for police: falsify an arrest report, attack a suspect without cause, violate the public trust in any way, go directly to jail, be banned from law enforcement for life, and lose the right to bear arms. Really sould be a one-strike law, but hey. But I'm glad to see a court show some sense for a change.

Whaddaya call 800,000 cops at the bottom of the sea? Freedom.

So if it's Constitutional with the police, it's surely Constitutional to give the sign to a member of Congress. After all, all 535 of them have given us the finger for years....

You hit that out of the park, however your wrong about them giving us the finger, they insert the finger, its also called rape in some circles

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Wow, we can now starting Flipping Obama the bird and get away with it. This is going to be great

Best motorcycle Xmas gift

Merry Christmas

Photo copyright The Dragonater

Photo copyright The Dragonater

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Thanks to First United Methodist Church of Knoxville TN

A Pirate News Production 2012

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Proof that ETR is censored by the Police State (How to Beat Redlight Camera Tickets)

RE: ETR Forum - Traffic Cameras

"Last month, the New Jersey Department of Transportation released its report on 24 red-light camera intersections in the state and found that rather than preventing accidents, the cameras seemed to increase accident rates. In the year before the cameras were installed there were 577 accidents at those locations, versus 582 accidents in the 12 months after the cameras were installed, thanks in large part to an increase in rear-end collisions. One thing some drivers have pointed to is the seeming shortness of yellow lights at intersections outfitted with cameras. In some instances, such as in June in New Jersey, subsequent examination by local DOTs found that indeed some yellow lights were dangerously short. Now a class action lawsuit in New York is claiming that lights in the city are rigged with short yellows in order to hand out $50 tickets. States are required to adhere to the Federal DOT Manual on Uniform Traffic Control Devices for Streets and Highways, which states that yellow-light timing should meet engineering standards. Most take that to mean a minimum of 3 seconds or longer according to a formula based on posted speed limit, reaction times, and stopping distances. The yellow timing formula actually recommends a 4.3-second yellow for a intersection on a road with posted 45 mph speed limit. Practically speaking, if the purpose is safety, then many intersections need longer yellows since drivers don't travel at exactly the speed limit (say 40 mph in a 35 mph zone). Furthermore, many intersections are located in less than ideal locations, on hills or curves and set up decades before red light cameras were conceived. So a 3-second yellow may not be sufficient to prevent accidents where panicked drivers are trying to avoid tickets. In fact, in New Jersey the DOT sets such lights on 45-mph roads at 5 seconds (6 seconds is the recommended maximum).

"I personally hate the entire idea of the cameras installed/run by contractors for the sole purpose of issuing tickets and making money. I think if the municipality really thinks the cameras are a necessity, they should install them and use them for accident investigation, not as a means to make money for doing nothing."

"My big issue with the traffic cameras is even if you think you're innocent it will cost you more to contest it then it does to go ahead and pay it. The one camera ticket I got I knew the intersection was a camera intersection. When the light turned yellow as I was coming to it I goosed the throttle just a bit to make sure I cleared it. I didn't realize it was a speed camera as well. The throttle goose got me a ticket where I probably would have not gotten one for the light. Ah well. Gotta love Oak Ridge's back roads, lol."

"Yall remember the Kville hero with the high powered rifle...."

CORRECT Answers:

1. Correct in every jurisdiction including Knoxville and Oak Ridge. No jurisidiction obeys the UMTCD, TDOT or TN Code which requires a traffic engineering survey before installing any traffic control device thus all traffic tickets are illegal. According to the attorney for TDOT, after a public records request filed by the Dragonater, the mandatory traffic engineerign survey speed audit was never performed on US129 "The Dragon" at Deals Gap, thus the posted 30 mph "speed limit" defaults to 65 mph under TN Code, according to the Blount County public defender's office and Blount County district attorney general.

Tennessee Code 55-8-153 Establishment of Speed Zones.
(a) The department of transportation is empowered to lower the speed limits prescribed in § 55-8-152 in business, urban or residential districts, or at any congested area, dangerous intersection or whenever and wherever the department shall determine, upon the basis of an engineering and traffic investigation, that the public safety requires a lower speed limit.

"No traffic or engineering study had been performed as required in order to establish a thirty-mile-per-hour speed limit. The judgment of the trial court is hereby vacated, and this case is remanded to the court below for further proceedings in accordance with this opinion. Costs on appeal are taxed to the City of Oak Ridge." -COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, CITY OF OAK RIDGE v. DIANA RUTH BROWN, No. E2008-02219-COA-R3-CV, MAY 8, 2009

"Dear Mr. Lee (a/k/a "The Dragonater"): Please find enclosed the Road Safety Audit Review of U. S. 129 from North Carolina State Line to Tabcat Bridge in Blount County, dated July 25, 2007. We have no record of a Traffic Engineering Survey and/or Speed Audit for this location."
-Marion E. Hilt, Staff Attorney, TDOT, Tennessee Open Records Act Request, February 23, 2011

2. These are FOREIGN military contractors in Australia, England and Communist China that keep over 50% of all ticket revenue = TREASON to outsource US police services, US court system and US govt, and TREASON to pay tax revenue to a foreign nation.

"Lasercraft is a member of the Public Safety Equipment PSE group of companies. Public Safety Equipment (Intl) Ltd, Registered Office, Yeadon, Leeds, England. Beijing Mag Science & Technology Development Corp, Beijing, China." -lasercraftinc.com, pse-intl.com, maggroup.org

"Redflex Group is based in South Melbourne, Victoria, Australia. Redflex Holdings Limited was listed on the Australian Stock Exchange in January 1997. Redflex Traffic Systems Inc has contracts with more then 130 USA cities, and is the largest provider of digital red light and speed enforcement services in North America." —Redflex.com

$500,000 Knoxville Redflex invoice paid to National Australia Bank - Obtained during discovery by defendant Clifford Clark, the accused redlight camera shooter (who won dismissal of his case)

3. Best defense is FREE -- ignore the ticket and never appear in court. Recognize a bluff when you see one. I love red-light camera tickets. I think all police should be replaced with traffic cameras.

"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket." -Norman G. Fernandez, attorney, How to Beat a Speeding Ticket - Photo RADAR

"When you receive a general post letter advising you of your photo radar citation, you have the option of just ignoring it. All states have guidelines on how the citation must be served. In effect, your payment or appearance at the courthouse is your acceptance of service. By not responding to the letter, you are refusing acceptance of service. In addition, none of the departments are making personal service to anyone that lists a PO Box as their mailing address on their vehicle registrations."
-Lt "Radar" Roy Reyer, Maricopa County Sheriff Office, Phoenix, Arizona, Your Photo Radar Defense - Ignoring The Letter

"The civilian board that oversees the Los Angeles Police Department has put the brakes on the city’s red-light traffic camera program. An audit last year questioned the effectiveness of the program, finding that a majority of citations have gone uncollected. Commissioner Alan Skobin says that since the courts don’t pursue drivers who refuse to pay the tickets, the camera program lacks enforcement power. The problems for red light cameras go back to 2009 when CBS2/KCAL9 Investigative Reporter David Goldstein found there is no evidence the cameras reduced accidents, deaths or injuries at the intersections where they were placed and in fact, found those numbers actually increased at some intersections."
-CBS News, LAPD Commission Puts Brakes On Red-Light Cameras, June 7, 2011

"Defendants-appellants appeal from a superior court judgment vacating an order of civil sanction entered by the Paradise Valley Magistrate's Court on a civil traffic complaint issued to plaintiff-appellee Jeffrey Tonner. Appellee filed a special action in superior court to vacate the order of civil sanction, arguing that the Paradise Valley Magistrate's Court lacked personal jurisdiction when it entered a default judgment against him. The superior court judge found that service by mail under Rule 4.1(c) of the Arizona Rules of Civil Procedure (formerly Rule 4(e)(7)) was not completed prior to entry of judgment and that the judgment entered was void. On February 11, 1990, the photo radar device operated by the Town of Paradise Valley detected a vehicle registered to General Motors Acceptance Corporation ("GMAC") traveling at an alleged speed of fifty-six miles per hour in a forty mile per hour zone. A summons and Arizona traffic ticket and complaint were mailed to GMAC alleging a violation of Ariz.Rev.Stat.Ann. ("A.R.S.") @ 28-701 (1989), driving at a speed greater than is reasonable and prudent. GMAC forwarded the summons and complaint to appellee and his wife, the lessees of the vehicle. GMAC also sent the Paradise Valley Magistrate's Court a copy of its transmittal letter to appellee. The summons and Arizona traffic ticket and complaint were reissued, naming Tonner as defendant and the vehicle's driver at the time of the alleged violation of section 28-701. On March 7, 1990, a copy of the summons and Arizona traffic ticket and complaint and two copies of the notice and acknowledgment of receipt of summons and complaint were sent by first-class mail to appellee with a return, postage-paid envelope. The summons directed appellee to appear on March 22, 1990, in the Paradise Valley Magistrate's Court. Appellee never signed and returned the notice and acknowledgment of receipt of summons and complaint nor did he appear on March 22, 1990. On that date, based on appellee's failure to appear, the allegations of the complaint were deemed admitted, and an order of civil sanction was entered against him. The Town of Paradise Valley argues on appeal that use of first-class mail for delivery of a summons and complaint is sufficient for service and to obtain personal jurisdiction over defendants in civil traffic matters. We disagree. The requirements for service under Rule 4.1(c) are clear. We agree with the superior court judge that the order of civil sanction entered against appellee by the Paradise Valley Magistrate's Court is void for lack of personal jurisdiction. We affirm the judgment of the superior court."
-Judge Bolton, Court of Appeals of Arizona, Division One, Department C, Jeffrey J. TONNER v. PARADISE VALLEY MAGISTRATE'S COURT, 1 CA-CV 90-429, 171 Ariz. 449; 831 P.2d 448; 1992 Ariz. App., May 12, 1992

TN Rules of Civil Procedure
RULE 4. PROCESS
Rule 4.01: Summons; Issuance; By Whom Served; Sanction for Delay.
(1) Upon the filing of the complaint the clerk of the court wherein the complaint is filed shall forthwith issue the required summons and cause it, with necessary copies of the complaint and summons, to be delivered for service to any person authorized to serve process. This person shall serve the summons, and the return endorsed thereon shall be proof of the time and manner of service. A summons may be issued for service in any county against any defendant, and separate or additional summonses may be issued against any defendant upon request of plaintiff. Nothing in this rule shall affect existing laws with respect to venue.
(2) A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.
(3) If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective. [Amended by order filed December 10, 2003; effective July 1, 2004.]
Rule 4.03: Summons; Return.
(1) The person serving the summons shall promptly make proof of service to the court and shall identify the person served and shall describe the manner of service. If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve. The plaintiff may obtain new summonses from time to time, as provided in Rule 3, if any prior summons has been returned unserved or if any prior summons has not been served within 90 days of issuance.
(2) When process is served by mail, the original summons, endorsed as below; an affidavit of the person making service setting forth the person's compliance with the requirements of this rule; and, the return receipt shall be sent to and filed by the clerk. The person making service shall endorse over his or her signature on the original summons the date of mailing a certified copy of the summons and a copy of the complaint to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant, or by person designated by Rule 4.04 or by statute, service on the defendant shall be complete. If not, service by mail may be attempted again or other methods authorized by these rules or by statute may be used.

Knoxville Code, Section 8-1, Issuance of process.
The city judge shall issue process on the complaint of any person when it appears to the city judge that any provision of this Code or other ordinance of the city has been violated. He shall try no case until process has been regularly sued out, served and returned.

75% of AZ Drivers Refuse to Pay Photo Traffic Tickets

85% of TX Drivers Refuse to Pay Photo Traffic Tickets

4. All charges were dismissed against Cliff Clark after a Knox County deputy sheriff confessed to shooting a redlight camera.

"I originally saw this on Pirate news dot org! John Lee (a/k/a "The Dragonater") is the best journalist in the South!"
-ljrow49, youtube comments, Cliff Clark Wins Redlight Camera Case Flying Heavy Metal Guitar Into Sunset

"You've got all these speed cameras here. In L.A. people would say, 'Why don't you just shoot them out?'" -Jay Leno, BBC Top Gear (crowd cheers wildly)

Green Hornet shoots redlight scamera (theater crowd cheers wildly)"

State Trooper Christmas Wish

CHRISTMAS FAMILY DIARY 2013: FEMA CAMP #291

By Trooper Greg Evensen, Kansas State Police
NewsWithViews.com
December 11, 2012

We had no choice, really. The weather this year has been exceptionally odd with cold spells and drought. Raising a garden was unsuccessful and feeding the livestock almost impossible as hay bales were nearly $15 each. Our cash reserves, which we thought we had plenty of, were down to just enough to pay property taxes with dollars worth nothing on land worth nothing and hardly any income left to save anyway. What electricity was available you could not afford and gasoline was just under $10 per gallon. Family trips and shopping malls were both nearing extinction.

What really angered me the most though, were those “patriots,” sanctimonious Christians, and so called “preppers” that were quiet now that most people blamed then for the unstable government and the sudden shut off of government checks and commodities. Most state governments had nothing left, and the feds were holed up in guarded retreats conducting endless meetings on how to deal with the panic.

In looking back, I should have been a bit more up with what was going on. The job, kid’s sports, and trips to the casino were so much fun and you know, got my mind off all of the bad news. We used to cook out, but the UN Agenda 21 agreements at the county level had pretty much done away with that. Cops were on “sniff” patrol driving slowly through streets looking for old timers who would just not obey the law. They said city hall and the state had everything under control as things heated up, but then it seemed that the constant road blocks, checks for weapons and “terrorists” kept you from being able to get things done on schedule. I mean, you just couldn’t let people run around with guns in their trunks and just inside the door of their homes for God’s sake! What with break-ins so common, think of all those dangerous types with even more guns that the defense nut thought he had to have.

So when the cops got their “final authority” through that UN gun treaty, we finally thought that the insanity with guns would be over. They came on TV and said there were places you could turn them in and you would get two full cases of MRE meals that would last TWO WEEKS! Lines at the cop shop were long and it was cold, but it was worth it for sure to get rid of a gun and get food. Besides, the really over the edge crowd that hung on to their guns didn’t have any ammunition for them anyway. The plants had been told to stop supplying sporting goods stores and all ammo was being shipped to government storage facilities for safety reasons anyway.

Things got really tough though when we decided to start stocking up when we went to the grocery store. $5 a can tuna and $4 a box for mac and cheese were beyond our reach. So, we grabbed a few packs of GMO vegetable seeds and felt like we could really do better feeding our families naturally with good stuff anyway.

Over the months since the horrific war in Syria and Israel, nothing seemed to go well, and the president just kept assuring the public that as quickly as the fighting was under control, the government would divert money and resources back to the states for relief. With the loss of 25,000 sailors and airmen during the surprise Iranian attack on our aircraft carrier task force, many of our most advanced fighters ran into flight problems with systems failures caused by imported flight system computer chips. The marines were left to fight on with no air cover to speak of and for the first time, hundreds of our troops were captured when the Pentagon would not “risk” any more losses in trying to assist those on the ground. One general was shot by security forces assigned to him when he told the Pentagon to “go to hell” and had units ready to send in for a breakout attempt. One military man from our area who returned said it was utter chaos. No one seemed to know what was going on or what to do. Confusion reined. He said if Russia began an offensive, it was over for the US unless it went nuclear. If we had to, nuclear weapons seemed to be a safety net for us.

Our daughter was REALLY sick that fall and we had no pharmaceuticals left. They had just started a program where you had to take a government issued “smart” card to be able to pick up anything that needed a prescription. This was going to expand to just about everything else as well, so we decided right then and there that it was time to stock up a bit more. An “underground” trading system using real silver and some gold for big things was getting to be fairly common. It was a lot easier to swap some things than go through four forms just to get a shovel. You see, shovels were classified as dangerous weapons now since a few home invaders had been killed by residents who tried to defend their homes when that UN gun bill was signed, and the BATFE was checking shovel sales against a list of domestic terrorists which now included highway workers, farmers, and gardeners.

A spade was in the same category as an “assault weapon.” You could be shot on sight for carrying a spade in a school zone or restricted urban neighborhood. You can see why raising a garden has become so difficult and frankly hardly worth it.

One of the most egregious issues though was those damn goats, horses, cows and pets. The loud mouths who insisted on their “right” to raise animals without RFID chips had risked us all with the high probability of disease spreading, since those rogue farmers would not inoculate their stock with the government’s required—and entirely understandable--- mandate to prove all tagged animals had received the 19 injections against any virus that could infect the population. We really wanted clean, safe meat to eat. Some farmers were actually imprisoned and a few died resisting this effort to stabilize the economy and for the USDA to do its job. I just don’t understand that kind of stupidity.

Just before the whole thing kind of unraveled, we realized that maybe we should try to seek some spiritual insight and participate with others who felt the same way. My wife had a couple of friends who convinced us to join them and so we did. Two former regular church types, a priest, a rabbi and some other “different” alternative gay fellowship guy had a natural service in the woods where everyone could come dressed or undressed and express their thanks to each other for the closeness they felt to their friends and the relationship they craved with the trees and the fireflies. It was very uplifting watching those branches sway and enlightening to see those little bugs light up their butts to show us the way, I can tell you for sure. We knew we would rest one day in the loving arms of the tree roots.

Well, as fate would have it, I counted myself so fortunate to be among millions who had believed in the government’s leadership and preparation for those of us caught up in the national difficulties. When the “Yahweh” crowd got together with other wingnuts, we could see why the police and military warned them not to hoard supplies. I mean, how fair is that? They had it and we didn’t. Soon raids started and all their stuff was confiscated and trucked into the cities for the poor folks who had nothing, finally had something. I felt really bad that they had to wait several weeks for relief, since the government could not give them what they had been getting for several years due to the chaos around the country.

Since the weather is forecast to be really bad this winter, I finally made the decision to walk my family TEN MILES to FEMA camp #291 just outside the city. We heard that they had heat, regular meals, shared bedding, TV video games, and the guards were really nice people. We looked at it like finally; we could relax and not be bothered with all the hell outside the camp. I guess a few in the camp who like to “celebrate” Christmas are the same ones who will be sent on soon to meet their god as a result of their crimes against society. I hope this Jesus is worth all their trouble, because at the end of it, they are sure going to find out just how wrong they were. Oh well, life is tough some times.

In the meantime, we will be thinking of you and wishing you were here with us this “Christmas” time. Under the circumstances, it could be far worse. So until next year, we send greetings, one progressive liberal to another, from our little government resort. Thanks President Obama for looking out for us, and as the old saying goes, sleep tight, and don’t let the bed bugs bite!

See also:

Trooper Greg Evensen's former radio show Voices from the Heartland

Deals Gap Dragon on STEROIDS

Irish blokes go insane at Ulster GP 2012, North West 200 in Northern Ireland.

What Deals Gap and Isle of Men should be when they grow up, without the martial law.

Ultimate Triumph BMW KTM Ducati Victory Polaris closed in Knoxville

Love those Ultimate Destination bikini girls!

Ultimate Toys is closed

Ultimate Motorsports Now Closed In Knoxville TN

Another BMW Dealer Gone - Knoxville, TN

Victory Dealer close in Knoxville

Last time I got my Triumph Daytona 600 hangerqueen worked on at Ultimate Motorsports my bike caught on fire on the ride home, during a bogus traffic stop by THP for "no headlight" (not a law in TN Code), which I had switched off due to the electrical problem. Stator connector was smoking under the fuel tank when I got home. They also failed to notice the Rats nest under the passenger seat. Stators and voltage regulators are defective from the factory, Jap upgrade required.

This is the third store closed by that Triumph dealer in Kville. Crossville next?

Good to know the economy is "recovering" from that "recession" thanks to of Commie dictator. Experts agree its going to get much much worse in the next 4 years. USA RIP no joke.