Peanut the Squirrel is back . . . at least in court.
The rodent has achieved fame in the last couple of months, which few animals short of Rin Tin Tin have reached. He is certainly the most famous of his genus since Rocket “Rocky” J. Squirrel. After Mark Longo and Daniela Bittner posted cute pictures of Peanut on social media as their companion and friend, New York officials from the Department of Environmental Conservation (DEC) raided their home on Oct. 30 and seized both Peanut and a raccoon pet named Fred. They proceeded to euthanize both animals. Now the family is lawyering up.
Peanut’s killing outraged the nation and even became part of the presidential campaign as an example of out-of-control bureaucrats and thoughtless enforcement actions. Some defended the action. Washington Post columnist and MSNBC contributor Jen Rubin even posted that “The Maga squirrel deserved to die.”
Many even joked that Peanut’s ghost taunted Vice President Kamala Harris at her concession speech at Howard University. To protect such families in the future, a new law called the P’Nut Law has been introduced.
Many in the public saw the state’s action as unnecessary and excessive. Longo said he had taken the squirrel in after witnessing Peanut’s mother being hit by a car. When the squirrel refused to return to the wild, they adopted him as a pet in their home in rural Pine City, near the Pennsylvania border.
Peanut then became an internet sensation. Later, an Instagram page dedicated to him gained more than one million followers.
Longo and his wife established the animal sanctuary, called “P’Nut’s Freedom Farm,” last year, inspired by the squirrel.
Peanut even appeared in my torts class this term, posthumously, of course. He was part of a lesson on the classification of wild versus domestic animals for the purpose of animal liability. Domesticated animals like dogs are generally subject to a negligence standard absent a known vicious propensity. Wild animals are subject to a strict liability standard for any bites or injuries.
Even though Peanut was a pet, he was still considered a wild animal in New York, both by statute and common law.
The family, however, still believes that killing Peanut and Fred was unnecessary. They have now filed a notice of claim against the state for violating the couple’s rights by taking the animals, invasion of privacy, and trespass, among other claims.
The state will have the advantage on all of these claims despite the general condemnation for its actions or methods. The state insists that Peanut was killed to test it for rabies after it bit an officer, according to the New York Post. It has also previously stated the policy against such pet ownership on the website of the New York Department of Environmental Conservation:
“Inappropriate care given to young wildlife often results in abnormal attachment to humans. After release, some return to places where people live, only to be attacked by domestic animals or to be hit by cars. Some become nuisances getting into stored food, trash cans or dwellings. And some may be thrust as unwelcome intruders into the home range of another member of their species.”
Under Section 11-0512 of New York’s Environmental Conservation Law,
1. It shall be prohibited for any person to:
a. knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except as provided in subdivision three of this section; or
b. intentionally release or set at-large any wild animal, authorized by this section for use as a pet, from the location where the animal is permitted to be possessed or harbored.
Section 2 does have exceptions for zoos, research centers, and other categories, but none would fit this family. They would not qualify as a “wildlife sanctuary” under subdivision thirty-two of section 11-0103.
The family is expressing doubts over that account and accusing the government of the “fabrication of evidence.” They note that trained officers should have been able to handle such animals safely and that none of this was necessary in the first place. Nora Constance Marino told Fox
“[i]t appears as though there were multiple constitutional law violations here — or at the very least, there are many questions as to why the government chose the actions that they chose. Entering someone’s house and searching it is such an extreme violation of that person’s right to privacy, and that’s why we have a Fourth Amendment, to protect us from unreasonable searches and seizures.
Likewise, there are many questions as to why Peanut and Fred were killed. There was no reason, whatsoever, to believe that either animal had rabies, and killing the animals was outside the scope of the warrant. My clients have suffered greatly and continue to suffer, from what appears to be egregious government conduct. Government wields great power, and if left unchecked, can have disastrous results for citizens. That’s what makes our United States Constitution so precious, and it needs to be honored.”
I appreciate the effort, but Marino has what Peanut would call a tough nut to crack legally. The state will argue that the housing of wild animals presents a threat to not just the family but any visitors of bites and even disease. The courts will be reluctant to make an exception for individual pets like Peanut.
Marino, however, is wisely focusing on more technical issues on the scope of the warrant and the means used for the seizure. Again, however, there is an ample level of discretion afforded to public officials in carrying out such tasks if the warrant is valid. One question is whether the family can make any proprietary or personal claim to ownership of the squirrel. Most states prohibit the possession of wild animals as pets absent a permit or special status.
Of course, if they can make it through a motion to dismiss, the family might be able to get discovery on what occurred behind the scenes that led up to the killing of both animals. It is not clear why Fred was also euthanized, but the state may claim that it was precautionary given the fear of rabies in Peanut. However, Peanut did not appear to have rabies, and the state law allows for quarantine and observation as an alternative to euthanasia in some circumstances.
Obviously, the cost of litigation is unlikely to be small peanuts. However, there is a GoFundMe site in the memory of Peanut and Fred.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Let us all be thankful on this wonderful Thanksgiving Day.
We should all be thankful for the many undocumented workers willing to take the dangerous and dirty jobs in slaughter houses and meat packing plants that Americans are unwilling to do. They make it possible for us to enjoy our dinners of turkey, pot roast and ham.
We should all be thankful for the many undocumented workers willing to take the back-breaking jobs of harvesting the pumpkins, sweet potatoes, green beans and other fruits and vegetables that we will enjoy today.
We should all be thankful for the many undocumented workers willing to work on our dairy farms. They are willing to get up at 4am when it is snowing and below zero to milk the cows and shovel the poop out of the milking sheds. They provide the milk, cream and butter that we need to enjoy our many desserts today.
Every true American should give thanks to these tireless undocumented workers willing to do the jobs that we are not willing to do.
We should all be thankful for the many undocumented workers willing to take the dangerous and dirty jobs in slaughter houses
Ahhh… the ol’ commie alternate language, telling the ol’ commie lies. Where criminal Illegal Aliens are suddenly “irreplaceable undocumented workers”; Pelosi redux, again claiming that only Illegal Aliens pick lettuce. Where the dirty jobs of America are all Illegal Alien Guest Democrat Voters.
There’s some very big ticket items missing in this Anonymous Democrat coward’s list of what it is willing to give thanks for.
We should begin by remembering that Soviet Democrats care so much about “undocumented workers” aka Guest Democrat Voters that they don’t care in the slightest that about 80% of the women and girls who accepted the invitation of Obama and Biden to come here illegally as criminals will be raped at least once on their way here. Raped by the drug cartels Obama and Biden are colluding with to import Guest Democrat Voters.
Some will be murdered; others will arrive to work the rest of their life as a sex slave. Border Czar Harris has decreed that, as the world’s leading champion of women’s rights and ideologue for the Soviet Democrat party, she has announced that these MILLIONS of foreign girls and women are willing to make that sacrifice. That special tree of Marxism just south of the border will continue to grow as long as it can be decorated with the blood stained panty’s of the girls and women that Border Czar Harris has proclaimed to be martyrs for the cause.
And so Anonymous Soviet Democrat cowards give thanks every year to these Illegal Alien women making this magnificent sacrifice to aid them in their Great Leap Forward towards totalitarian rule. A sacrifice that their leader Border Czar Harris and their women and daughters would not in a million years make themselves.
There’s a good reason we never see these Anonymous Democrat cowards presenting statistical data from Bribery Biden’s U.S. Bureau of Labor Statistics. If their lies about the workforce were truth instead, they would be beating Americans over the head with those statistics – rather than their best effort being spinning lie after lie.
Let’s be thankful that these totalitarian Soviet Democrats have been stopped in their attempt to gain permanent totalitarian power by inviting millions of ILLEGAL ALIENS to our country with their promises that Democrat presidents would renege on their oath of office to enforce the existing immigration laws. The promises of a life of being a leech on American citizens and legal immigrants, protected by Democrat presidents has brought 30+ MILLION Illegal Aliens to our country.
Every single one of them a criminal, not just when they crossed the border while Democrat presidents told Border Patrol not to enforce existing law, but to act as the Soviet Democrats’ version of a WalMart greeter when they arrived.
Let’s give thanks that the slaughter committed by the Democrats’ Illegal Aliens (the majority of it committed against their fellow Illegal Aliens the Democrats care so much about) will now be abated to some degree.
Let’s give thanks that it wasn’t our daughters raped and murdered by these Illegal Alien Guest Democrat voters. We’ve merely had to sacrifice by reaching into our pocket to pay taxes to fund the $400 billion bill ran up by Bribery Biden working with the Mexican drug cartels getting them here to live here.
Let’s give thanks if none of our family members were among the 400,000 who have been killed during Biden and Border Czar Harris’s four years of Fentanyl importation as a product of working with Mexican Drug Cartels to facilitate getting their Guest Democrat Voters to and across the border.
Border Czar Harris is not going to be inaugurated in a few weeks to oppress Americans and LEGAL immigrants with Obama’s Fourth Term. That alone is sufficient to be giving thanks for.
Thank you, Old Airborne Dog.
Thank you, Anonymous.
“Happy Thanksgiving to all, including to the Radical Left Lunatics who have worked so hard to destroy our Country, but who have miserably failed, and will always fail, because their ideas and policies are so hopelessly bad that the great people of our Nation just gave a landslide victory to those who want to MAKE AMERICA GREAT AGAIN!” __DJT
Happy Thanksgiving, Dr. Turley and family!
The New York Department of Environmental Conservation should have just released the animals back to the wild after negative rabies tests. But to a hammer, everything looks like a nail.
The only way to test an animal for rabies is to take a full section of its brain including the cerebellum, hippocampus and brain stem. This tissue is then tested with a direct fluorescent antibody test.
There is no way to “test” a squirrel without removing its brain.
Of course, you can’t release an animal into the wild after it has become dependent on humans. But there should’ve been a Deferred Action on Childhood Arrivals policy until the pet owners could obtain the necessary paperwork.
While everything the state did regarding Peanut the Squirrel may have been within its legal rights, the public’s reaction tells a different story. This disconnect reveals that the state’s lawful actions might not align with broader societal values. It’s a reminder that governance is about more than just adhering to the letter of the law; it requires sensitivity to public sentiment and a recognition of the moral and emotional dimensions at play. Ignoring these aspects risks eroding trust and legitimacy. That is what we saw throughout the Biden administration.
Crush these tyrants! OUTRAGEOUS OVERREACH! The principle here is simple. We can raid your house for 5 hours, harass, bully and intimidate you. We can kill your pets, take your children and kill you.
We the People are taking our country back.
Bankrupt New York, and the do gooder snitch. Mine your own damn business. I’m dead serious.
Read the room, MARXIST DEMOCRAT TYRANTS!!! We will brutally crush the resistance!
Say When
Justice for Peanut!
I think the good professor is right, the case weighs heavily with the state.
However, this case will also be one in the public domain as it already has to a degree. It could attract attention of the deep state at the local and state level, put the NY governor in a uncomfortable position and only strengthen the drain the swamp mentality, making Democrats even less popular than they are today.
How marvelous!
And a Happy and safe Thanksgiving to the good professor, his family, and to all the good people and their families of Res ipsa loquitur!
The lesson is that the government has the power . . . And, a governmental act against one (plain and simple) is intended to keep the masses in line.
Today is a day of Thanksgiving….it is in the word itself folks.
Give Thanks….thanks for all of your blessings.
Mine begin with I am thankful I do not live in New York, California, Washington, Oregon, New Jersey, Illinois, and other Blue States and Sanctuary Cities run by Democrats.
I choose to be thankful…by exercising my freedom to not to live in places that see no wrong in killing of animals like the Squirrel and Fred and actually go out of their way to do so.
New York is a terrible place if one evaluates it on “Justice” standards.
Just thank your lucky stars if you are a Republican and do not live there….especially if you are only a human squirrel and not the four legged variety.
I too shall offer some money for the Go Fund Me account in the hopes some justice can be found for that poor innocent Squirrel and Raccoon….and with luck some punishment for the over zealous and corrupt State of New York.
I so pray there are some upright citizens on the Jury hearing the case who shall exercise some wisdom and find for the Plaintiffs no matter what the Law has to say…..just as should happen in a certain Court in New York City.
“Washington Post columnist and MSNBC contributor Jen Rubin even posted that “The Maga squirrel deserved to die.””
Rubin is the perfect example of the application of a contraction I made up a couple of years ago: “st’unt”…
Number 6,
Without a doubt, her comment puts on full display of the sickness that they are.
I can see the sleazy lawyers lining up to get their hands on that pot of gold, aka gofundme.
NY state is going to waster a couple hundred 000 to fight this suit, all to protect an out-of-control bureaucracy. What bureaucracy isn’t out-of-control.
Is there a non-legal alternative? NY admits “my bad” and not learn a lesson from their despicable actions. Bureaucracies never learn or adapt, it’s all about their policy and damn the citizenry. Common sense doesn’t exist in their world.
Also, how often does one nowadays read about cops killing pet dogs just for barking, being too close. Or recently one story about a blind dog (can’t recall where) that was killed by cops.
I’m an animal lover, cats, dogs, birds, horses, donkeys, raccoons, coyotes, bears, butterflies, bees, foxes etc. – all Gods’ creatures for us to share and enjoy life . I look out my window and see nature. That I truly love. Can’t imagine my life without those animals around. Even squirrls.
“Is there a non-legal alternative?”
Well, someone who is offended by this kind of abuse could drag a couple of NYDEC officials out into the street and publicly execute them, but that remedy might be frowned upon in some circles… I had close-up and personal experiences with NYS’ insane bureaucracies a few decades ago (different departments, same mindset); I guarantee that nothing much less dramatic than my facetious suggestion could get the attention of those total boneheads. As the saying goes, “they aren’t conceited, they’re convinced”…
Back the Blue while they kill your dogs. Where do they find the psycho jackbooted THUGS?
“Where do they find the psycho jackbooted THUGS?”
The sad truth is that we (probably along with every other society that has ever existed) are infested with a self-hating, possibly psychotic, minority who, given the opportunity, will gladly abuse their fellow citizens in order to feel superior to them. Unfortunately, our society has chosen to confer nearly absolute immunity on large numbers of those thugs.
I suppose the (all) state(s) should implement a citizen oversight committee (unlikely in this day and age of overbearing politicians and their armed bureaucrats) that could, maybe, prevent their brutal tendencies of bureaucrats with guns.
But didn’t those animal killers have a judge’s warrant? Why didn’t they just send the guy a “notice to appear”, explain himself, them explain the law and work out a compromise. But na, fagit, the law is the law.
Would like to see this case make it to discovery to expose the bureaucracy for their overbrearing attitude.
Still can’t understand why bureaucracies needs weapons… IRS, Fish & Game .. as soon as a gun is interjected, someone gets hurt.
“Would like to see this case make it to discovery to expose the bureaucracy for their overbrearing attitude.”
Unfortunately, everyone who resides in NYS who isn’t totally and permanently brainwashed by the intrusive state bureaucracy there is already aware that abuses of this kind occur. Most of them probably think that this is not really their problem (“I don’t keep wild animals as pets”) and are unable or unwilling to imagine anything analogous happening to them. They couldn’t be more wrong about that, but I don’t know how you could publicize this in such a away as to shake their misplaced confidence that incidents like this have no personal applicability.
It makes No Sense why State of NY stepped in. Then they killed them. The cost to make the raid and etc.? NY needs to elect a Republican or Independent who can bring the state back to the middle and rational thinking etc.
Not in your lifetime. The commies have control.
Crush them, by any means.
Jen Rubin’s comment says it all.
“[T]hey adopted [Peanut] as a pet in their home . . .” (JT)
Can anyone explain this?
A squirrel is a type of rodent. As are mice, rats, guinea pigs, hamsters. Those can be pets. Why not a squirrel?
“Can anyone explain this?”
Are you familiar with Doug Adams’ SF novels? NYS officials *are* Vogons (every bit as much as the British officials Adams satirized), exact same rudimentary mental capacity and function. None of them give a damn about equity, only fulfilling their mindless dedication to “discharge of duty”.
Well the first test will be getting a venue where you can be assured of a pro-squirrel jury. I would also guess that the squirrel would have found no reason to bite anyone if the aforementioned squirrel had not been manhandled.
Rightly brought up was the ability to watch and observe the squirrel before there was any need to assassinate the squirrel and perform a necropsy.
The only rabid actions I observed was the state’s overweening desire to get their murdering hands on the innocent squirrel. Was the squirrel told of his rights to not be assassinated prior to a period of observation. The record seems somewhat thin on that matter.
Out here in Indiana we live amount wild animals all the time. Squirrels, chipmunks, raccoons, deer, hawks , doves, cats, dogs and one neighbor who had a well behaved wolf.
The wolf was somewhat unnerving since he never barked and moved without sound, but he was carrying on an illicit relationship with our female border collie, even though he was 3 times her size. It truly was a deep seated love. So we just looked the other way.
The only times we brought out the guns was when dog-coyote packs would accost our other varmits and critters.
No right thinking Hoosier would call the state to grab a family’s squirrel. Have they no shame.
If the defendant’s attorneys notice one Boris Badinov being voir dired for the jury I suggest using a challenge. I’m no jury expert, but c’mon.
On this Thanksgiving we should remember the meaning of this holiday.
Centuries ago illegal immigrants (our ancestors) invaded North America and were treated humanely by the Native Americans. Your family members (illegal immigrants) were prevented from starvation by the native population.
What made the immigration of our ancestors “illegal”? Citation please. And a citation for the claim that the “native population” treated our ancestors “humanely” would be appreciated. Who fired the first arrow/shot? And don’t cite Howard Zinn. He has been soundly debunked.
The meaning of this holiday is to be thankful for good friends, good family, for what you have and not what you may want.
My family migrated to this country, legally, in the early 1900s.
True story: when I attended college, I was the only Cuban on campus. Students (whites & blacks) asked me often how it was that I arrived from Cuba to USA: car, airplane or train. I answered: “it depended on which way the current of the Gulf of Mexico flowed, but otherwise, by using the backstroke”. Not one of them said a word. It was other immigrants (e.g. Polish) that busted out loud laughing, and later thanked me for my humor.
Your family members (illegal immigrants) were prevented from starvation by the native population.
Who else but a cowardly Anonymous Woke Democrat Useful Idiot to jump up and down eager to be the first one today wanting to put it’s ignorance on display. What a weird way of giving thanks Trump has at least temporarily rescued America from the rabid grip of Marxist totalitarianism.
It’s pretty clear that this idiot isn’t speaking about the Vikings who had settlements in North America like L’Anse aux Meadows, also on the East Coast, but up in Canada, circa 1,000 AD. Predating the Pilgrims by only about six centuries or so.
Oh to to weep for the halcyon days when only the Heritage Folks were here on our east coast (well, as far as we know). Wouldn’t it be wonderful if the Democrat Borg Blue Bubble all be transported back in time to live back then in that Heritage Folks utopia, before they were polluted with all things European!
Back to when the Heritage Folks lifespan was sometime in their early 30’s? Where they raided neighboring tribes to take women for a lifetime as a domestic drudge and sex slave? Taking men and children to work to death as slaves? Wars of conquest and extermination. And that old favorite: human sacrifices and in some instances cannibalism! What valuable lessons for those religious British ex-pats to learn!
A wonderful time where the wheel didn’t exist to complicate things. Technologies like the ferrous metals of Europe for knives and cookware hadn’t contaminated the culture, etc.
However, just like these Democrat Marxist Useful Idiots love communism but would never think of immigrating to a communist country like Cuba, Communist China, or North Korea, the Woke Democrat Borg will fantasize about the days of Heritage Folks utopia. But if somebody ever invents a time travel machine, they are never actually going to immigrate back to that time.
For one thing: Heritage Folks didn’t have systems of government that had taxes collected to support Marxist minded individuals sitting on their asses doing nothing but complain that the rich Heritage Folks weren’t Paying Their Fair Share.
Centuries ago illegal immigrants (our ancestors) invaded North America and were treated humanely by the Native Americans.
That’s the Woke communist version. The one that skips over the Pilgrams arrived as the guinea pigs of a communist pact, where their sponsors had decreed that they and all the guinea pigs on the Mayflower would all get an equitable share of everything built or produced. A communist pact that William Bradford was forced to dissolve when some of the settlers barely bothered to show up to do the work, but were first in line to Get Their Fair Share.
Our cowardly Anonymous Soviet Democrat trolls should give thanks today that this is what Obama would call “a teachable moment”. That is, if he was ever willing to tell the real story of how his beloved communism always fails.
Faith, Gratitude, And Perseverance: Americans Have Much To Learn From The Pilgrim Story
“The Pilgrims complied with their sponsoring Virginia Company charter that called for settlement farmland to be owned and worked communally and for harvests to be equally shared. This socialist common property approach created disincentives to work. William Bradford recorded in his memoirs that while “slackers showed up late for work … everybody was happy to claim their equal share … and production only shrank.””
https://thefederalist.com/2022/11/22/pilgrim-storyfaith-gratitude-and-perseverance-americans-have-much-to-learn-from-the-pilgrim-story/
Say, “thanks for the history lesson”, you Anonymous commies.
“. . . were treated humanely by the Native Americans.”
During the holidays, it’s good to revisit myths.
That one is called the myth of the “noble savage.”
I actually did not know the story behind this incident and why all the squirrel memes. You have got to be kidding me! This is what the taxpayers are paying for? I stay away from GoFundMe usually but am making an exception this time.
Perhaps the State of New York will hire famed DOJ attorney Jack Smith for the defense. I hear he is available.
Perhaps Jack Smith should be tested for rabies first.
*my pet raccoon makes more sense than he does.
Screw the squirrel, Happy Thanksgiving everybody!
No, screw the overreaching, intrusive government for even having this on their radar.
Dont give Dennis any ideas!