The term is acting “under color of law.” It means, “When a person acts or purports to act in the performance of official duties under any law, ordinance, or regulation.” Source
Source: http://law.freeadvice.com/government_law/civil_rights_law_ada/government_color_law.htm
There are penalties for impersonating that authority, and/or abusing the level of authority one may possess.
He sounds like a scumbag. The militrary doesn’t need him. Neither does law enforcement. IMHO, turn him in.
Let me further state, that I have no idea what he said on the forms when he applied to West Point. I don’t know if he was asked about past criminal behavior directly (though I’d think so) and I don’t know if he lied directly on the forms if he was asked so. I do know for fact that he’s been convicted of shoplifting more than once.
If he is physically threatening you or your spouse, call the police.
This security stuff is bullshit and you know it is, so it is simply not possible he is using this lie to intimidate YOU into anything. He may be trying to, but if he is succeeding in intimidatung you it is not because of this lie.
Let me restate my question. Knowing that this kid isn’t even out of school yet, who do you expect would believe this crap? How is it that this claim of securiy clearance works into these threats? What does he threaten to tell who?
WTF? He hasn’t even completed basic training and your letting him intimidate you? He has NO Pull, No Power, No Authority, in fact he ain’t got jack diddly squat. Find out where he is going to basic training at, and write his Drill Sergeant a letter. His security rating doesn’t mean a thing.
Your initial post was, indeed, too vague to give a useful answer. However, now that you’ve elaborated somewhat on this person’s behavior, my suggestion is to document every instance in which you have personal knowledge of such misbehavior. The military does not really like people “borrowing” their authority for unofficial business. Since he’s just a recruit, I don’t believe the military has jurisdiction over his misbehavior, but if they were made aware of it, they might decide to disallow his enlistment. Part of the “getting a security clearance” process includes interviews with people the guy has known for a while, like relatives.
IANAL, but it sounds as if he is engaging in illegal activity (intimidation and threats, veiled or not). This sounds almost like someone you might wish to get a restraining order against. If this behavior continues once he’s in the military, it is certain to result in a discharge under less-than-honorable circumstances.
I have a very strong distaste for people who get drunk on “power” the same way some folks get plowed on a sip of sherry. The military doesn’t need this guy. He sounds like an abusive personality. (Yeah, IANAPsychologist, either, JMO).
–SSgtBaloo
If his behavior is really outrageous, you might want to talk to his recruiter so he can take the poor, deluded lad aside, and explain the facts to him about the military and their desire (not!) for jerks like that.
My concern is with his peers. Of course his “bullshit” didn’t fly with me, I know better. What got me, is the “habitual” attitude he had as he made these claims, as if this had become his recent habit. His way of getting what he wanted. The kids in this area aren’t very bright at ALL, and they’d buy into his claims. He IS however, over a foot taller than I am, and probably over 100 pounds heavier easily too. He used his size to intimidate me, along with threats of sabotaging the vehicle but slipped into his habitual mein also. I think it very likely that he’s been “talking shit” to people his own age to make personal gains. Do you see where I’m going with this?
I’d much rather report him to the millitary, than the police. They’d have less bias. This is because his parents have also been around as he’s threatened us, and it would deteriorate into a “her word versus ours” situation. His parents are “respectable” solid citizens. His parents cleaned up his messes after him as much as they possibly could, instead of letting him take the consequences of his actions. They couldn’t do much but boycott the stores that prosecuted him when he was blatently caught shoplifting though.
SSgtBaloo On preview, he’s a slick charmer. He’s snowed the recruiting officer. He’s a chameleon, able to seem like just the kind of person you’d trust, until things aren’t going his way. I’d like to see the reactions of the military officers who veiwed extensive psych tests on him. I don’t think he’s had more than the usual psych test, because I’d like to think that if he had he’d have been “found out”. Is there any way we can ensure that Mr. Clawbane (and I) get interveiwed if he is being considered? What channels do we go through?
(Hee-hee-hee!)
Bonovox, you said it better than I did, and with fewer words. I’ll take my hat off to you as soon as I can find it. 
–SSgtBaloo
It sounds like this guy has serious problems with being an adult. If he is actually under review for a TS clearance, I’d say this intimidation and threatening behavior should be known to the folks who are doing his background checks. I think we already have too many knuckleheads who are privy to national secrets.
If this guy really is a loose cannon, and he is indeed applying for a security clearance, perhaps you want to let the Defense Security Service know of his hijinx in a signed letter with your contact information.
What is their contact info? I have some clues, but not every one, so I don’t know where to begin, who to contact, or how. I know his recruiting officer by sight, but not name for example. We weren’t introduced, wonder why that was. sarcastic smile
I covered the first part of this qoute in my previous posts, I’m going to answer the bolded parts. As Mr. Clawbane and I were trying to obtain the keys to the vehicle, he began threatening us, saying things like “I’ve got top security clearance, don’t fuck with me, I’ll fuck your world up!” and “Next time you want the truck, it won’t work.” and “I’ll kick your ass!” Fists were clenched, his voice was raised, and his whole demeanor was very menacing. The father (the relative who owned the car) of this person was there, and witnessed this. The father did nothing. We did eventually get the keys, because he knew we had just as much right to use that vehicle as he did, since he didn’t own it, and we DID have permission to use it, and were on the insurance.
Because his father was there, and has a history of “covering up” this person’s misdeeds, I’d much rather go to an unbiased place to make my complaint. It’s a valid concern, the parents and kid are friends with a local judge, who’s also a Boy Scout Master. (Ironically the kid also has an Eagle Scout award recently acquired.) Their word has more weight than ours does.
So, now you know why I’d like to find out how to report this to the millitary. They “own” him now anyway. Maybe they’ll uncover other instances of him using his apparent authority against his peers to make a personal gain. It would not suprise me a bit.
Here is my best advice, and remember I am not a lawyer. There is no point to complaining to the military. At the very worst, they will decide he is unsuitable for service, and this guy will stay in the neighborhood rather than leaving for boot camp. You lose. I’m sorry, I see my answers are perhaps going beyond answering questions to expressing opinions, but I don’t see your idea of a complaint to the military as anything other than a pointless waste of time for everyone involved. You may have grounds for an assault charge in civilian courts, but I doubt it.
I’m going to stop now as I have no more factual information to add.
Remember, too, that he will be going to a place where NO ONE will cover up for him, or clean up his messes, or put up with his BS. One’s fellow recruits have a way of figuring these guys out right away. There was one of these in my boot camp platoon; it took about ten minutes to reveal his actual status to him. He graduated as a changed man. God help him if he tries that crap on his DI (might be kinda funny, actually).
Or, you could point at him, and fall to the ground laughing hysterically.
Especially if his father is watching.
Then, whenever you see him, in the future, you can put your hands over your ears, and say, “Oh, God, no! Don’t tell me any secret stuff!”
If you really feel threatened by this looser, you need to file a police report. If not, you need to lighten up.
Tris
The recruitment process isn’t final until you raise your right hand the day you leave for basic training. Unless this kid is arrested and the case is adjudicated, the Army could give two shits.
That said, if he’s using physical threats to appropriate your property, that is a crime and you need to contact the civil authorities (i.e. your local police). The Army has nothing to do with it. Until he leaves for basic training, he is still a civilian, and subject to the laws of wherever he’s living.
Robin
http://www.dss.mil/aboutdss/directorate_psi.htm
Keep in mind that this has nothing to do with levelling criminal charges against him. It is only of use if the guy is actually undergoing an investigation for a security clearance, which, I must say, I rather doubt, since apparently he hasn’t been sworn in yet.