City plan to snuff socialist infiltration hearing blows up in courtroom’s face

Posted on October 17, 2017 by Eric Verlo

COLORADO SPRINGS, COLORADO– If you attended today’s evidentiary hearing about the police infiltration of a local student group, you are no doubt left wondering what happened. Where were the defendants and why was the judge so angry? The outcome was not what either side wanted, but still it was a huge false step for the city. The defense was not provided the police witnesses it requested, but the prosecution was prevented from quashing those subpoenas outright. As a truant co-defendant, I had a unique vantage point on today’s anticlimax and I apologize I was unable to explain it in person.

Today’s hearing, it turns out, was supposed to exclude the defendants. The review of evidence relating to the police infiltration operation was intended to happen outside of public view. The lawyers signed the setting slips, not the defendants, who were kept uninformed of the October 17 hearing. The judge had specified lawyers only, to keep the details and identities of the undercovers confidential.

Can courts exclude defendants from their own hearings? Not really, but anyway.

It turns out the judge wanted privacy because she had no intention of conducting the hearing at all. Without an audience to offend, this judge planned to summarily quash the defense motions to make police administrators testify and that would be the end of it. Objections be damned, let the lawyers take it up on appeal. Push this hot potato off a year or two.

However, through documents obtained directly from the courthouse, the defendants did learn about the hearing. So the defendants made plans to attend the hearing regardless of a judge’s preferences, and they publicized the event for what it promised to be, a scandalous exposé of CSPD intelligence overreach. Subpoenaed to testify were El Paso County Sheriff Bill Elder, Colorado Springs Police Chief Peter Carey, Lieutenant Mark Comte of the CSPD Intelligence Divison, and Sergeant Clayton Blackwell, among others.

Colorado Springs prosecutors did not inform the defense team that they had no intention of honoring those subpoenas. Instead they planned to motion to quash the subpoenas and truncate the hearing. The city attorneys did not file those motions beforehand nor give the defense any indication they were contesting the subpoenas.

I can only surmise that the city prosecutors began receiving calls from the media about the anticipated testimony of the sheriff and chief of police, because it wasn’t until late morning on the day of the hearing, after our press release went out, that the city emailed the defense team to say that “Sgt Blackwell is on vacation.” Blackwell wouldn’t be attending the hearing, they said, and by the way, his was the only subpoena delivered.

To which I imagine our legal team said: WTF?! Now we needed a hearing to learn why the city thought it could unilaterally decide to whom to deliver our subpoenas.

It’s one thing to disrespect the rights of defendants. Our municipal court does it ALL THE TIME. Everyday, sadly. In fact, it’s done it repeatedly to the very defendants in this case, before we got lawyers. But it’s quite another thing to trample on our rights when a civil rights attorney is involved.

If Blackwell was on vacation, the case needed a continuance. And if subpoenas were going to be quashed, we needed a motions hearing. Oddly, the judge was demanding our defense attorneys show up in person. To arrange a continuance?! Riiiiiight.

Our lawyers quickly let us know there was to be no hearing. Since the defendants weren’t supposed to attend today’s hearing anyway, we deemed it prudent not to attend the prosecution’s switcheroo. Without defendants, whatever the prosecution planned couldn’t proceed. Meanwhile the defense lawyers weren’t going to abide a Podunk Springs Judge Roy Bean throwing the law book out the window. If subpoenas aren’t going to be honored, you have to present the legal basis beforehand. Them’s the rules, Hayseeds.

So the courtroom audience, including journalists and media crews who had to leave their television cameras outside, were left to witness a Colorado Springs judge fuming at being out-thunk. The defense lawyers weren’t there to let her quash away with her gavel, without regard for the Colorado Rules of Proceedure, and the judge’s original scheme excluded the defendants so as a result there were no defendants present to accept her rulings. The judge could do nothing but seethe and lecture the audience about big lawyers disrespecting municipal courts. Nevermind that our courts are corrupt mechanisms that trample rights for breakfast. (The ACLU recently released a report damning Alamosa’s city courts: Justice Derailed. Believe me, the identical abuses of power occur in Colorado Springs.)

Nevermind too, what today’s court hearing was supposed to be about: Outrageous Conduct on the part of CSPD and EPCSO, and violations of the Code of Federal Conduct. Today’s defendants were arrested on March 26, 2017, but not for walking in the street. The socialists were arrested because the Intelligence Division wanted to “arrest” an undercover officer, maybe two, in order to give them deeper cover as they infiltrated a student-led group just formed in Colorado Springs. The CSPD body-cam video released to the defendants already proves this. We wanted the decision makers responsible to explain it.

Instead of a comedy of errors spotlighting local law enforcement ignoring the people’s Bill of Rights, the courtroom audience today saw another facet of our corrupt judicial system. They witnessed a judge prepared to ride roughshod over further rights that protect citizens from authoritarian zeal. You may not care how police abuse “socialists” but the whims of a municipal court despot affect everyone caught in their dragnet, be it a ticket or a zoning dispute. Even with an expensive lawyer, you are powerless to object when a judge pretends there are no rules.

What the judge saw today was a courtroom filled with supporters of the defendants and a media interested in their story. She saw that she and her gavel are not going to make this story go away.

Why should you attend the Denver Nalty-Byfield ENTERPRISE TRIAL?

Posted on September 25, 2017 by Eric Verlo

Why support the “We The People” public-oath sticklers who the state is prosecuting like a criminal enterprise? A few reasons: Solidarity. Because as hardheaded as they might be, defendants Stephen Nalty and Steve Byfield are still JUDICIAL REFORM ACTIVISTS. Sense of fair play. Half the courtroom gallery is filled with Colorado Attorney General staffers and FBI special agents chumming it up with jurors and briefing their THREE FBI UNDERCOVER WITNESSES while the defendant pariah side of the audience is warned by the judge that even a whisper will result in ejection. Thrills. Where else are you going to see this many federal agents pushing their weight around, barking at you in the hallways, swaggering gleefully about how much smarter they are than the defendants? Pathos. Come watch the Assistant Fucking Colorado Attorney General, Robert Shapiro himself, lead a team of prosecutors against the unrepresented defendants, watch Shapiro belittle them, lecture them, trivialize their difficulties defending themselves in jail, and pretend they can review “tens of thousands” of pages of evidence and “hours and hours” of undercover surveillance tapes in a single day. Because you can make a difference. Come push the FBI-guys’ buttons. Come witness and document the abuses of the overbearing prosecution team. Come lend public pressure on the judge, whose conscience is already bothering him about how unfair this sham trial has become.

Liens
You don’t have to agree with how Nalty and Byfield went about trying to reform the judicial system, but aren’t they mostly right? Judges ARE corrupt. Local officials ARE NOT accountable to the people. Law enforcement WON’T pursue charges of their own corruption and the media certainly won’t side with the reformers. When Nalty, Byfield and Co, served commercial liens valued at billions and trillions of dollar against officials who hadn’t filed oaths of office, it was an effort of last resort to get someone’s attention. No one was thinking, hey, maybe this eleven-figure dollar demand will slip through the cracks and the billions will be ours!

Each lien was calculated to represent the sum defrauded from and owed to the American People. Prosecutors can tap these defendants for conspiring and racketeering and extorting and attempting to influence public officials, but they can’t say the defendants aimed to obscond with one single penny. Throwing three undercover infiltrators at a twenty member judicial reform group, putting thousands of manpower hours into locking these defendants away, is gross abuse of authority and it’s hubris.

Authentic transgressions
As the sham trial goes on, the pieces are coming together on the cases of Nalty and crew. It turns out federal investigators labeled them “sovereigns” because they’ve held themselves not responsible for paying traffic tickets, property taxes, and the like. In the end I’ll grant you Nalty’s group may be guilty of those. I say “may” because such citations may have been retaliatory for their political beliefs.

As to the punishment, I believe adjudicators should take into account that the defendants acted not to enrich themselves, nor to flaunt the law per se, but to assert political rights about which they may have been misguided. Again I say may because the defendants are being tried, after all, according to a set of laws, which enforce a social contract, the terms of which the parties do not agree.

I use the word misguided as a nod to those who think the Nalty gang have acted like idiots. That’s easy to say, and easy to laugh, but no one’s yet figured out how to emancipate labor from the yoke of capital. You may regard interest and rent as your inherent debts. These sovereigns don’t and they’re trying to say so.

Economic slavery
Ours is a system of peonage to which this crew feels they never indentured themselves. The ersatz writs and liens they spammed to every official they encountered were the legal loopholes they thought could break the bank and liberate everyone from financial tyranny. While Nalty’s scheme intended insurrection, it wasn’t against democracy or the republic, it was against taxation without representation, the same beast Americans pretend to have overthrown with the Declaration of Independance.

Instead of tea into Boston Harbor, this crew dumped a bunch of junk paper unto the reception counters of Colorado public offices. Charge Nalty’s crew with littering maybe, at most, vandalism, though it’s hard to say these vandals caused even a scratch. Every public official who testified as a victim said they didn’t take the ersatz documents seriously.

The writs and liens looked officious, but weren’t attributed to known government or banking institutions. Likewise signatures were signed in red. Red was chosen to represent the signer’s blood, even though red is a color which automated banking systems reject as unreadable, therefore invalid.

Not one witness expressed confusion about the validity of the papers. They mentioned too the rambling diatribes in the text block.

To call the defendants “paper terrorists” wildly overstates the effect they achieved. They didn’t terrorize anyone. Governments like to accuse rebellious insurgents of “terrorism”, but that’s another paralegal threshold with which most common citizens, and certainly these “sovereigns”, disagree.

Real funny money
These guys did the equivalent of feed Monopoly Money into ATMs. No bank balances were changed and no real money came out. Counterfeit currency is one thing, but denominations of your own handywork pretending to be only that does not qualify as funny money in the illegal sense. I’m guessing forms submitted in a language foreign to bank clerks would be rejected out of hand. How are these any different? Irregular submissions, as one witness called them, need not generate calls to the FBI or the Colorado Joint Terrorism Task Force. I’ll bet that ATMs know to reject Monopoly Money. If they don’t, whose problem is that?

The trial of defendants Stephen Nalty and Steve Byfield is due to wrap up Friday. The prosecution will have taken seven days to present its case and Assistant Attorney General Robert Shapiro intends to object if the defense rebuttal takes more than a half day, maybe a whole. This trial is meant to intimidate the other defendants to convince them to take pleas.

Next in the pipeline is Bruce Doucette whose trial starts October 16. Defendants Harlan Smith and Dave Coffelt have hearings on October 18. If they do not take deals, Shapiro intends to enjoin their cases, to save time and money. He’s already convinced defendant Brian Baylog to take a deal and turn state’s evidence. Baylog is scheduled to testify against Nalty and Byfield shortly.

By now the condemnation of Nalty’s commercial lien scheme will have cost Colorado millions in man hours and legal expenses. You can fine a graffiti artist for having to restore an edifice to its original lustre, but you can’t expect him to bear the full cost if you chose a cleanup crew that wears Gucci loafers, most of whose jobs is to pat the other on the back.

Colorado’s overkill with federal agents and counter-terrorism experts is a problem of its own making.

The Nalty-Byfield trial continues through this week 8:30am – 5pm, at Denver’s Lindsey Flanigan Courthouse, in Division 2H, ironically, “Juvenile Court”.

FBI undercover rats on sovereign pals, says they planned to seize small county jails, except he was their lone soldier.

Posted on September 25, 2017 by Eric Verlo

DENVER, COLORADO- Very interesting testimony Friday at the trial of sovereigns Stephen Nalty and Steve Byfield. The prosecution’s latest witness was FBI INFORMER Marshall Ringer. Not a sovereign citizen type turned by government agents, Ringer is a disgraced police officer hired by the FBI and inserted into the so-called “enterprise” to report its activities and propose courses of action conducive to arrests. Ringer calls himself a “self-employed security expert.” His handler FBI Special Agent Ryan English calls him an “embedded confidencial human source”. His targets gave him the title “Continental U.S. Marshall”. They hoped he would recruit like-minded sovereigns to the cause of correcting what they saw as a corrupt judicial system. Ringer’s FBI codename was “Earp”.

The accusations corruption hinged on the understanding that according to Article VI of the US Constitution, positions of public authority must take an oath secured by a bond. The “enterprise” had discovered that many Colorado judges and prosecutors and sheriffs and other elected officials didn’t have oaths or bonds on file. If this expectation was indeed a misconception, and Article VI is inapplicable, you’d think the remedy might be to tell the would-be reformers, “no, that is not a requirement, here’s why, etc.” Strangely that was never done. Neither to their person, in a handout, or to reporters looking into this sad case. An undercover would present an excellent opportunity to huddle with the enterprise and say “hey guys, I was looking into this oath stuff and discovered that according to such and such law, or ruling or whatnot, oaths and bonds are no longer mandatory, end of story!”

But “Earp” didn’t. Nobody did. Nobody has yet to spell it out, even in this courtroom. When the defendants have tried to put Article VI into the trial record, they’ve been refused. So the issue is certainly a curious one.

Instead of using an undercover to diffuse the oath-seekers by presenting the incontrovertible truth of their error, the FBI and the state prosecutors instead gathered evidence to ridicule their character. We’re told they met in trailerhomes, they struggled to cobble enough money together to give their marshall a pair of handcuffs. They dreamed of putting together a network of De Jure judges to replace the corrupt ones currently alas De Facto.

Tapes
You might think the taped conversations of the sovereigns would be damning. The defendants certainly seem to be embarassed by them, but they’re less incriminating than disarming. When “Earp” asked what was he to do with the officials he arrested, he was told, nothing, for now. Do not take any action on your own. Wait for instructions from the People’s Grand Jury. Every time “Earp” goaded his colleagues about what he could do, they’d tell him to wait until matters could be addressed democratically and judicially.

The most interesting information to come from the undercover testimony was about how the FBI wires up its informants. Colorado law requires that at least on person in a conversation consents to being recorded. As a result, every recording presented to the court begins with the person wearing the wire dictating this preamble: “This is confidential human source X, on such and such date, etc” before that informant gets out of his car or enters a meeting area.

This offers potential targets a remedy for how to avoid intrusive surveillance by authoritarian law enforcement agencies IN COLORADO. Before every meeting, have everyone say out loud: “I do not consent to being recorded.” In unison is fine. Then a leader can then ask: “Was that everyone?” To which everyone can answer in unison: “Yes.” Provided that everyone said it, that meeting cannot be recorded. Such a method not only invalidates a recording being used as evidence later, it makes the recording a crime and the agency undertaking it and in possession of it, cupabe. If an undercover continues with the recording, he’s committing a crime.

In the case of te sovereigns, and likely your scenario as well, the government’s criminal act will far exceed in severity what they thought they were recording you doing.

We’ve yet to learn how, but apparently this undercover was discovered by the defendants early in 2017. They outed him by accusing him of making recordings and giving them to the FBI. That’s when he extracted himself and the indictments and arrests happened immediately thereafter.

The Enterprise
However you may feel about these perhaps misguided judicial reformers, their adversaries are behaving every bit the corrupt villains they pretend not to be.

The accused called themselves the People’s Grand Jury, the Indestructible People’s Trust, The Colorado Supreme Court, the Continental US Marshalls, the De Jure whatnot, or simply We The People. There seems to be no end to the permutations but they never called themselves “The Enterprise”. Yet that is what their accusers call them. In fact, for the duration of the prosecution’s case, a posterboard has been left in the center of the courtroom, beneath the judge’s dias, from which the jury cannot look away, it’s titled The Enterprise, with photos of ten member now-defendants, like employees of the month, except with mugshots, ranked in order of their title or prominence. Another ten members didn’t warrant photos or arrest, yet are listed as culpable parties, guilty by association and without the chance to . You wonder if that is legal. It certainly is prejudicial. Never mind if the witness testimonies don’t add up, there is The Enterprise, like it’s a thing instead of a characterization fashioned by frame-up artists.

MONDAY UPDATE:
On Monday defendants were given one day’s recess to review the evidence for their defense, which being incarcerated has impeded. So FBI informer Marshall Springs will resume his testimony tomorrow. But the courtroom also heard that the prosecution plans to bring TWO MORE UNDERCOVERS to testify, plus two cooperative witnesses, one of whom is a co-defendant who’s taken a plea to turn STATE’S EVIDENCE.

So that makes THREE undercover officers infiltrating “the enterprise” of not much more than a dozen conspirators, two of whom have become so intimidated they’ve changed their minds about what they were trying to achieve.

The next few days should prove enlightening and heartbreaking because although prosecutors have been documenting what the defendants did, they haven’t demonstrated the acts were crimes,. As much as defendants conspired, organized and racketeered, they didn’t aim to make one cent profit, illicit or otherwise. To what offenses did the cooperative witnesses plead guilty and what accusations do they make toward their friends?

So Nalty and Byfield have the rest of the day to study the evidence against them. The jail has not provided the paper and pencils ordered by the judge. The jail hasn’t afforded the defendants access to the case evidence either. Nalty indicated today that he’d spent a sum total of 45 minutes with the electronic files. He asked for a break of four days to prepare for the rest of the trial.

Both are in Denver jail, though their legal papers were not transferred with them when the defendants are on loan from Adams and Arapahoe Counties respectively. All the defendants being charged with conspiracy are being detained in different jails to prevent them talking to each other. But the problem is they don’t have their case papers or filings, and are in Denver’s customary 22 hour lockdown in their cells, which inhibits using the jail computers which are confined to the jail law library.

Prosecutor Shapiro responded to the defendant’s complaints of the jail not providing paper and pencils by cavalierly handing them writing pads, which they grasped with handcuffed hands, with polite thankyous. Though Shapiro no doubt know they won’t be allowed to take these into the jail. Then he condescendingly bragged that he’d resolved that complaint by providing “brand new” pads to each defendant. Defendant Byfield’s pad had a couple sheets missing, so he immediately pointed out that his pad wasn’t new. I couldn’t help but burst out with a laugh.

The judge thought there was merit to Nalty’s complaint Both defendants have scant access to the jail computers necessary to see the evidence. By the prosecutor’s own admission, the “tens of thousands of pages” would have been prohibitive to provide on paper, and the “hours and hours of taped testimony” likewise can only be provided electronically.

Prosecutor Shapiro acquiesced to allowing the defendants one day to catch up, though it sounds like he is well aware that analyzing tens of thousands of pages and hours and hours of evidence would take longer than that. Shapiro told the judge he calculated the state had wiggle room to allow a one day delay and still finish with the case by Friday. Here’s what he calculated: The state figures to rest its case by Thursday afternoon. That should leave a day and a half, less closing arguments and jury instructions and jury deliberations, to finish the trial on Friday. The prosecutors’s case will have taken six and a half days, but Shapiro thought the extra day needed to look over the evidence could come out of the defense’s day planned for defense.

To help the defendants prepare, Shapiro volunteered a preview of the witnesses to expect to testify to close out their case. Coming up we have four Gilpin County administrators, but we have also two more government undercovers, and the two cooperating witnesses. One of them co-defendant Bryan Baylog.

Radiolab episode on jury nullification is less bothered by state abuse of power than public desperation to fight back.

Posted on May 15, 2017 by Eric Verlo

It should come as no surprise that public radio’s RADIOLAB would take government’s side against the growing grassroots effort to awaken citizens to the repressed potential of jury nullification. Any attention to the subject helps inform ordinary jurors of the power they have to stand up to the regular abuses of our judicial system. The benefit is tempered of course when liberal gatekeepers lean in with theatrics to fearmonger about anarchistic challenges to law and order and security. That’s exactly what Radiolab achieved though given plenty of material with which to have taken a more honest tack. Their program “Null and Void” aired May 12 and painted nullifiers as irrational extremists, giving a pass to the judges who purge juries and break the law by having nullifiers arrested.

I had high hopes when contacted by a producer for Radiolab in March. Our federal injunction protecting Denver jury nullification outreach efforts against an order by the Second Judicial District’s Chief Judge Michael Martinez was coming to trial in April. I imagined reporters would be sympathetic to our predicted success making our injunction permanent and the similar likeliness of our prevailing on contempt charges in a hearing which was to follow. I faciliated Radiolab’s access to Mark Iannicelli, who Denver arrested in violation of our injunction, and whose dismissed charges of felony tampering continue to be appealed by our legal adversaries. Thus far it’s a simple story of hoisting a chief justice on his own petard, using the justice system against itself, in defense of the people’s historical power as jurors.

Heicklen
But Radiolab had an alternate narrative in mind. Their story would center on a jury nullification champion who they could characterize as coming off the rails, the celebrated frequent arrestee Julian Heicklen. Septegenarian Heicklen became tired of judges warning him of arrest, despite his continued legal victories. By November 2016, Heicklen issued a manifesto of sorts, asking for armed backup to preempt a judge from making good on his renewed threat to arrest him. Heicklen posted this warning online and called it to everyone’s attention. Presumably it’s what drew Radiolab’s attention. Heicklen had put it out there, hoping to spark a John Brown-esque conflagration, I’d call it a bluff, meant to curtail the court’s continued abuse of power. It’s obvious from Heicklan’s hyperbole. I attach the significant excerpt in the notes below.

Radiolab didn’t reference this tract, nor mention their and the court’s foreknowledge of it. As they interviewed Heicklen, they asked him about his cause and even brought him to tears as he explained his distress about the injustice of the system, which continues to reinforce inequity and deny jurors their prerogative to step in its way. Then Radiolab prodded Heicklen to explain what he anticipated would happen when he showed up at the courthouse in defiance of the judge’s threat. On cue, Heicklen repeated his entreaty that supporters show up with guns to enforce his right to pass out fliers and avert the judge’s illegal threat to arrest him.

Many of us might share the elderly activist’s frustration with being habitually arrested then exhonerated, each time without apparent progress being made. Radiolab’s pretend reaction was to cue ominous silence, let the pin drop, cue indignant alarm, ostracize Heicklen, cue a spontaneous meting of Radiolab minds to elect to call the cops on Heicklen lest law enforcement personnel be shot.

Radiolab didn’t call the Chief Judge Frederick J. Lauten to question the irregularity of his repeating an illegal threat. How absolutely insane for a judge, already proven to be in the wrong, to keep asserting his authority to have a citizen falsely arrested?

When Heicklen showed up to the courthouse, with a friend, both without weapons of any kind, and without the backup support of “Tyranny Fighters” he’d hoped to mobilize, Heicklen was arrested for the more serious charges involving threats.

Radiolab may or may to have exacerbated Heicklen’s arrest. They certainly took credit for it, which is the least they could do for having exploited Heicklen as their straw man extremist.

Because Radiolab makes little effort to conceal their liberal bourgeois elitism. FIJA, the Fully Informed Jury Association was founded, according to Radiolab, in a Montana “bunghole”, which they qualify, they are entitled to call Helena, the capitol of Montana, because one of the show’s producers is from Montana.

Wolverine
You might ask, what’s Wolverine got to do with this? Anyone who’s read Ariel Dorfman knows better than to bring superheroes into political discourse. Radiolab didn’t know how better to distinguish between a citizen’s right, as proscribed by the Bill of Rights, and a power, something grown from common law. Whatever, they’re wrong. Juries are guaranteed by the sixth amendment, now commonly understood to be “a jury of your peers.”

Radiolab never uses that phrase, it’s too everyman. But they do riff ad nauseum on Wolverine, who’s a superhero with superpowers, namely CLAWS, which for Radiolab described this aberrant power that jury nullification advocates are promoting. The public as beast, and mutant power threatening elitists like a werewolf’s claws. Someone adds, as a further irrelevance, that Wolverine’s real superpower is regenerative, the power to heal but nevermind. They say that, and it’s the only trivia that actually does apply to jury nullification. Radiolab autistic savants.

They recorded Mark Iannicelli in front of the Denver courthouse, that was our single consolation!

It’s no surprise that Radiolab takes the government’s side against the public’s growing inclination to “burn it down.” Radiolab got great quotes from Mark, but chose to demonize other jury nullification pamphleteers who were so frustrated with being arrested that wanted to deter future arrests with guns.

By the show’s end, the white privileged NPR broadcasters feel more comfortable with the law in the hands of “unelected, white” judges over inexpert jurors described as “twelve random jerk-offs from the street.” They’re taking about your constitutionally protected jury of your peers.

Hopefully listeners will glean the great information offered by this piece and nullify Radiolabs’s privileged condescension.

NOTES:
1. Julian Heicklen’s post of November 24:

Hi Tyranny Fighters:

Orlando Courthouse: I plan to be at the Orange County Courthouse in Orlando, FL distributing Fully Informed Jury information from 10:30 am – 1:30 pm, unless arrested earlier, on Monday-Wednesday, December 5-8, 2016. All of you are invited (urged) to join me. Bring your guns. I have requested protection from the Florida Militia, the Department of Homeland Security, and the Governor of Florida. None of them responded to my requests. Copies of the letters to the Department of Homeland Security and the governor were sent to the Clerk of the Orange County Court and to you in my previous report.

I have not received replies from any of these people. However I have received a letter from Frederick J. Lauten, Chief Judge, Ninth Judicial Cicuit of Georgia. Here is his letter:

Dear Mr. Heicklen:

A copy of your letter to Rick Scott dated October 13, 2016, was given to me. In your letter, you stateit is your intent to “distribute flyers regarding the duties of jurors and witnesses at criminal trials” at the Orange County Courthouse during th first week of December.” This letter is a reminder that such conduct continues to be proscribed on courthouse grounds under Administrative Order 2011-03 which governs expressive conduct taward summoned jurors. Enclosed is a copy of Adminiustrative Order 2011-03 for your perusal.

As you know, this Administrative Order is constituional as the Fifth District Court of appeal had “no difficulry upholding Administrative Order No. 2011–03 as reasonable, viewpoint neutral regulation….” Schmidter & Heicklen v. State, 103 So. 3d 2663,270 (Fla. 5th DCA 2012)(a copy of which is enclosed). This Court, as well as the Orange Cpounty Sheriff, qill enforce the provisions of Admionistrative Order No. 2011-03 to ensure the fair and orderly conduct of jury trials and to prevent dissruptions or interference with that basic right.

Based on the Administrative Order’s continuing validity, you may wish to reconsider your intended course of action and find alternative means in which to disseminate your message. If you intend on distributing materials to jurors, you will be issued a trespass notice and if you then remain on courthouse grounds, you could be arrested for trespass.

Sincerely,

Frederick J. Lauten

Chief Judge

____________________________________

Unfortunately there seems to be a disagreement between the Florida court and the United States Federal Court. I was one of the appellants in the Florida case. The decision was based on lies and incorrect information introduced by the state attorneys. The judges should have know this, since I carefully pointed out the errors, but they did not care. They had made up their minds before hearing the case.

Previously I was arrested 5 times for distributing this literature at the the U. S. District Court in Manhattan, NY. I was arrested and charged with jury tampering. After 17 months of trial, Judge Kimba Wood declared that distributing this literature was not jury tampering because I did not discuss any case with a juror sitting on that trial. She dismissed my case. Her decision is at: http://constitution.org/jury/pj/10-cr-01154-KMW_order.pdf This decision was published in many journals. The NY Times publication is at: http://www.nytimes.com/2012/04/20/nyregion/indictment-against-julian-heicklen-jury-nullification-advocate-is-dismissed.html

Other publications can be found at: http://search.myway.com/search/GGmain.jhtml?p2=%5EC73%5Exdm007%5ETTAB02%5Eus&ptb=304CD70B-562C-491B-9E0F-EEEA96D81532&n=782b17fd&ind=&tpr=hpsb&trs=wtt&cn=us&ln=en&si=CJSjz-LK7s4CFdgQgQodEmkJvA&brwsid=343148da-648b-46c2-8171-a9e312ac5776&searchfor=Jury%20nullification%20case%20of%20Julian%20Heicklen&st=tab

I was invited to Harvard University Law School to give a lecture on my case. Also I have been informed that my case is being taught to all students at Yale Law School. Presumably it is being taught elsewhere as well.

Currently I distribute the same flyers at both state and federal courthouses around the country. None of them arrest me. Three of these courthouses are state courthouses. They are in Fort Lauderdale, Fl; Pittsburgh, PA (last week); and Newark, NJ. The federal courthouses this year have been in Fort Lauderdale, FL; Newark, NJ; Manhattan, NY; Palo Alto, CA; Pittsburgh, PA (last week) and San Jose, CA; The state courthouses do not approach me. The federal courthouse Homeland Security officers at federal courts all threatened to arrest me until I told them to check it with a judge. They did, and none of them made an arrest.

December 5, 2016 will be a critical day in the history of the United States. I will appear at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL and distribute “Nullification by Jury” flyers on the public sidewalk leading from the parking lot to the courthouse. I am asking all Tyranny fighters and anyone else to join me armed with loaded guns to shoot any courthouse employee or officer of the court (i.e. guards, Orlando police, State police, Sheriffs, or lawyers) that approach within 15 feet of me. One of 4 things can happen:

Neither the court personnel, the Tyranny Fighters, nor the press will appear. That will be the smoothest, but dullest, situation.

The Court officers only will appear and arrest me.

The Tyranny Fighters only will appear and protect me.

Both the Court officers and the Tyranny Fighters will appear. The gun battle for the return of a free country with a democratic republic will occur.

I am irrelevant. The future of the United States will be determined by the others or by you. Either we will continue the route to the gas chambers as described in the attached document, or we shall backtrack to a democratic republic. In either case I will have died by then.

The choice is yours—Julian

Argonaut Liquor helped city of Denver jail Caryn Sodaro, the DPD’s most vocal critic of police brutality.

Posted on July 31, 2015 by Eric Verlo

DENVER, COLORADO- On Thursday July 30 in Denver Municipal Court, Argonaut Liquor succeeded with what the City of Denver and its violent policemen have been trying to do for years: take down Occupy Denver activist Caryn Sodaro. Earlier this year, Caryn was attempting to film the DPD as they brutalized a handcuffed detainee in the parking lot of the liquor store on Colfax Ave. When store managers couldn’t block her camera phone with their hands, they authorized officers to arrest Caryn for trespassing. Of course they had to pretend she’d been warned once before.

Yesterday a jury found Caryn Sodaro guilty of trespass, though they heard scant mention of the crime she was trying to document and prevent. It didn’t come up and video evidence was snipped to exclude it. Videos from multiple vantage points were excluded and witnesses were not questioned about the brutality they saw. Protesters were characterized as protesting the police, not police VIOLENCE and not protesting to PREVENT IT.

In one of the trial’s most surreal moments, the city attorneys were trying to admit officer body cam evidence taken of Caryn after her arrest, angrily describing the brutality she witnessed. The prosecutors hoped her coarse language would displease the jury. The defense attorney objected for that reason, even though it would have been the only evidence to explain why Caryn risked arrest, if indeed she knew she was not allowed on the Argonaut lot. The judge disallowed that video in the only ruling she made in favor of the defense.

Caryn’s protesting activity has been given area restrictions before and friends know how strictly she adhered to them, unconstitutional as they were. Drivers giving her rides had to take detours to keep Caryn geographically safe. When a defense witness tried to add this detail, or that he’d returned often to the Argonaut even while the managers had testified that he too had been “trespassed”, the defense attorney cut him off, stopping his own friendly witness with “I ask the questions here.”

I’ve seen valiant public defenders, but this free public servant was determined to give Caryn her money’s worth. No character witnesses, no context of Caryn’s activism, nor even sympathy for her altruism. The argument was restricted to: did Caryn trespass or not, and Argonaut employees perjured themselves claiming that Caryn had been instructed twenty days before that she was “trespassed” from Argonaut’s property. That incident was provoked by Caryn being harassed and humiliated by an in-store Argonaut rent-a-cop who followed her to the checkout stand and told her she was “too drunk” to purchase a bottle of wine. He initiated a shouting match, not she, and that’s another detail the PD declined to exploit.

Did I mention Caryn’s public defender opted to forgo his opening statement! The jury was let to assume the case was about a retailer’s property rights versus a group of protesters’ whim for trespassing.

Even when public defenders are brighter than you expect, it’s important to remember they don’t work for you. Public defenders serve the judicial system, this one determined to preserve law and order even when it is demonstrably racist and violent. Mr. DiPetro, the Judge and the city attorneys colluded to frame Caryn’s prosecution as independent of the DPD’s agenda to target her and bring her down. At moments of the two day trial, the audience was equal parts fellow activists, armed sheriff deputes, and DA attorneys gathered to oversee the exploitation of charges pressed by Argonaut Liquor. The only laugh the audience was allowed was when officer descended on Caryn, eager to put her in handcuffs, before she even had time to sign the paperwork required to imprison her.

Occupier Mark Iannicelli charged with jury tampering for distributing fliers about jury nullification at courthouse

Posted on July 27, 2015 by Eric Verlo

DENVER, COLORADO- Soft-spoken activist Mark Iannicelli sits in the Denver County Detention Center tonight, wrongfully arrested for passing out fliers in front of the Lindsey-Flanigan Courthouse on Monday. Though he and an accomplice had no personal interest in any trial at the municipal courthouse, Mark was charged with JURY TAMPERING, a felony with a minimum bond of $5,000. Mark was disseminating information about JURY NULLIFICATION, technically “know your rights” material, to people entering the courthouse. Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discretion. As Mark was being handcuffed, a passing attorney tried to intervene. Asked if he was Mark’s counsel, the lawyer volunteered that he very well might be. Video of the arrest has already been filed with appropriate law offices and as a result Mark has representation. Though he was arrested before noon, as of 11:30pm Mark’s fingerprints have not yet “cleared”, until which time a bond cannot be posted. Meanwhile Mark’s inmate status has changed to “no bond allowed.” If these capricious abuses of authority persist beyond 7am, Mark will appear before a judge at 10am Tuesday.

Amanda Knox wishes Italy was like US where a black man in jail means whites go free

Posted on January 31, 2014 by Eric Verlo

Amanda Knox is disappointed with the Italian judicial system. In America of course, if you can pin the crime on a black guy, white perpetrators go free. For the 2007 murder of Meredith Kerchner, African male Rudy Guede is serving 16 years, but Italian judges are convinced he was an accessory. And remember, first Knox tried to give them ANOTHER. Knox is appealing her slander conviction for falsely naming Patrick Lumumba, and now, instead of speaking appreciatively of her two year respite from prison after political pressure muddled an appeals court reversal, Knox says she “expected more”. Not just that, she reminds us “this isn’t going to bring Meredith Kercher back.”

Post-Zimmerman, post Troy Davis, post Goddamn Iraq War, torture and war crimes, it could easily be argued that any nation has better courts than the US. Italy’s in fact convicted CIA agents who kidnapped an unconvicted suspect in Italy and rendered him for torture. In what other Western courts have today’s most grotesque perps been brought to justice? Italy has called for the agents’ extradiction but the US is not complying. Now American yahoos are cheering about resisting Knox’s extradiction. Both Knox and the CIA gents have been convicted and sentenced. Meanwhile the US is insisting that Julian Assange comply with extradiction and he’s not even charged with the crime.

I don’t care if Knox is extradited, or goes to prison. I’d rather no one did, she’s probably learned her lesson. How likely is it she’ll kill another roommate or follow another drunken murderous impulse. A psychotherapist ought to be able to assure us whether know is tapped out. Inequal justice isn’t rectified by punishing one side more.

What upsets me more is the pageant of Knox’s contempt and dishonesty to which the media offers no critique. It’s become the familiar meme of the 21st century, unblinking denial. There were psychopaths before George W. Bush, but I believe he pioneered the role as foil to modern media’s knave. There is no honor, there is no accountability, and on TV it isn’t even missing.

The guard towers of Camp Amache, CO, Japanese-American internment camp

Posted on August 22, 2011 by Eric Verlo

Visitors to what remains of the WWII-era Granada Relocation Center located on Highway 50 past Lamar, are tempted to conclude that the remote location was isolation enough to restrict the movement of its 7,000 Japanese-American internees. Gone are all 560 buildings except their concrete foundations; the few remaining photographs depict a vast layout of spartan barracks, playing host to ordinary civilian lives, minus the atmosphere of incarceration. Were there cyclone fences and watch towers? The answer should not surprise you. Of course. Camp Amache was ringed by the usual multiple perimeters of prison fences, including six watch towers manned by military police, who were there, it was explained, for the internees’ protection. I think plans to further restore Amache need to begin with the security fortifications. If such blights on American history as these race-based detention centers are memorialized in the hope that our nation not do it again, it dishonors our victims, and blunts the lesson, not to illustrate our heavy hand.

I attended a recent screening of a documentary made of Camp Amache, attended by its producers, who expressed the usual motivation: in remembrance, never again. Special emphasis was placed on the contributions made by Japanese-Americans during the war, and on the magnanimity with which the internees accepted their lot. Survivors were not to receive an official apology until 45 years later, given $20,000 restitution for their livelihoods and families destroyed. It would be safe to say the audience felt well beyond the prejudice that had motivated their parents. Against Japanese-Americans.

Unfortunately both the documentary and the filmmakers’ commentary left the impression that “never again” describes a successful holding pattern. Of course, America has been at it again and as usual, its citizens have been obliviously complicit.

Look at the War on Islam, which has necessitated the internment of Muslim-Americans and Muslims worldwide. Guantanamo is not much different from the Wartime Relocation Authority (WRA) special Isolation Centers such as Dalton Wells, near Moab, where the WRA sent internees profiled as potential insurgency threats.

America has been building a network of fresh detention facilities to house Hispanic-Americans who run afoul of the country’s illegal labor market. Most of the detainees are promptly deported, but many languish while immigration issues and family ties are sorted out. While ICE pretends to protect the American people from the security-threatening unlawfulness of illegal aliens, in reality its detention centers enforce the successful abuse of a Hispanic-American slave labor pool.

You need only visit a traditional prison or jail to see that an overwhelming disproportion of its inmates are African-American and Hispanic-American, far exceeding what can be excused as representative of America’s poor. The American judicial system is still stacked against non-whites, and motivated by the same racist premise of protecting the security of white Americans.

And of course there are the open air prisons which still incarcerate the Native-Americans, the internment camps we call reservations, the original Wartime Relocation Centers.

Temporarily embarrassed millionaires cursing guilty Casey Anthony, as theft of Social Security and Medicare begins

Posted on July 5, 2011 by Eric Verlo

Thinking about the Tea Party Poor:
“Socialism never took root in America because the poor see themselves not as an exploited proletariat but as temporarily embarrassed millionaires.” — John Steinbeck

Think our judicial system is broke? It is, but not because it gave young Bad Mom Casey Anthony a chasmic benefit of the doubt. It’s broken because of Walmart, Citizens United, and all the corporatist, anti-democratic rulings that guarantee that ordinary Americans no longer have recourse in the courts.

Someone please tell Mrs. Al-Ghizzawi that her husband is cleared for release

Posted on November 27, 2009 by Eric Verlo

…if that means anything. It’s a long story, but after waiting eight years locked in Guantanamo, Abdul Hamid Al-Ghizzawi has a tale that could bear listeners. But his lawyer H. Candace Gorman is not allowed to tell it, she’s under court orders to keep mum. Even after details came through the foreign press, a judge ordered that Gorman remove two subsequent posts from The Guantanamo Blog which offered clarification. NMT learned from the Supreme Court Of the United States Blog (SCOTUSBLOG) that Gorman’s articles are still cached. Naturally we have reprinted them here.

Read them and become a state secret yourself.

Just kidding– the information is not ruled to be a state secret, only “protected,” whatever that means. Regardless that the information is already public, Ms. Gorman herself is not permitted to propagate it. You and I can divulge what we wish.

And divulge we must, I’m sure you’ll agree. Whether or not internet mirrors can be penalized, what is this sham of “protected” information? The concept defiles President Obama’s expressed objective of transparent government. This particular information shames our judicial system. Read it and judge for yourself.

You can keep up on Guantanamo attorney Candace Gorman’s latest efforts at gtmoblog.bogspot.com, but you won’t find these two posts: THE MUZZLE IS OFF, and THE MUZZLE IS BACK ON. I’ve also included the text of Judge John Bates’ gag order, and Ms. Gorman’s latest filing. Halfway down I will offer a summary, if you’re in a hurry.

November 17, 2009
THE MUZZLE IS OFF

In June of this year I received a call from a foreign reporter who asked if I could give her a profile of my client Al-Ghizzawi as he was on a list of men whom the US was looking for a new home and her country was considering accepting him. This was the first I had learned that Al-Ghizzawi had been “cleared” by the Obama review team for release. I gave her information about my client and for all I know a story was published about the plight of al-Ghizzawi at Guantanamo, his status as “cleared” and why he needed a country in Europe to take him.

A few days later an attorney from the justice department called to tell me that Al-Ghizzawi was cleared for release and we laughed about the fact that I already knew the information. However the laughing stopped when the attorney told me that the justice department had designated the information as “protected” and I could not tell anyone except my client and those people who had signed on to the protective order (a court document that outlines the procedures for the Guantanamo cases) about his status as “cleared for release.” I told the attorney that he could not declare something “protected” that was already in the public domain. To make a long story short we were not in agreement and the attorney filed an emergency motion with the judge to muzzle me. Despite the fact that the information was in the public domain I was muzzled by the good judge who apparently doesn’t believe that the constitution applies to me. I couldn’t even tell Mr. Al-Ghizzawi’s brother what I thought was good news (I didn’t know then that this was just another stall tactic by the justice department).

Not only was I muzzled but Mr. Al-Ghizzawi’s case was put on hold. The habeas hearing that we had been fighting to obtain literally for years was stayed by the judge despite the fact that the US Supreme Court held in June of 2008 that the men were entitled to swift hearings…. So much for the Supreme Court! The president asked the judges to stop the hearings for those men who were “cleared” for release and the judges have fallen into lockstep, shamefully abandoning their duties as judges.

A few months later when I visited Al-Ghizzawi (at the end of August) he had just received word from his wife that she could no longer wait for his release and she asked him if she would sign papers for a divorce. Bad news is an every day occurrence for Al-Ghizzawi and he was holding up well despite this latest blow.

When I returned from the base I asked the justice department to allow me to contact Al-Ghizzawi’s wife and tell her that he had been cleared for release. I hoped that if she knew he was to be released she would hang in there and not go through with the divorce. I was told they would get back to me. When they didn’t I asked again but they still would not give me the ok. In Court papers I pleaded with the judge to let me tell Al-Ghizzawi’s brother and wife, telling the judge about the wife’s request for a divorce, but the Judge, the same Judge who has apparently decided to ignore the supreme court’s directive for quick habeas hearings, ignored this plea as well.

I seriously thought about disobeying the order and trying to get word to Al-Ghizzawis’ wife and then taking whatever lumps were thrown my way….however, despite the fact that the judicial system has failed Al-Ghizzawi and most of the men at Guantanamo I could not bring myself to blatantly disobey a court order. For five months I have kept this information confidential despite the injustice to both my client, Mr. Al-Ghizzawi, and to what was our rule of law…. until yesterday, when the muzzle was lifted.

This is only part of the story. I will be writing more about this in the future and our friend the talking dog has more to say on this.

Click on the title for his take.

Meanwhile, if you hear from a habeas attorney that his or her case has been stayed you will know about the injustice that their client is continuing to suffer, you will know that the client has been cleared for release, that the attorney cannot discuss that fact and that the judge in that case has abandoned his or her duty to be a judge. You will also know that being cleared for release is just as meaningless as everything else that has been happening to these unfortunate men…. because being cleared for release means nothing.

And the follow-up:

Saturday, November 21, 2009
THE MUZZLE IS BACK ON

Fortunately for all of you….the muzzle only applies to me.

On Tuesday I reported that the Government finally allowed me to discuss matters that had previously been “protected” in regards to my client Al-Ghizzawi. In fact the Government unclassified and allowed for public release a Petition for Original Habeas Corpus that I filed in the U.S. Supreme Court. I released that Petition to the Public in accordance with the Government’s designation of “unclassified.” On Friday the Department of Justice (DOJ) told me that it had made a mistake and that it had apparently violated the Protective Order (an Order that sets out the rules for the DOJ and Habeas counsel in regards to the Guantanamo cases) entered in the case when it “unclassified” and allowed for public release information in the Petition that it wanted to “protect” and that therefore I must remove my post of November 17 because of the DOJ’s mistake. I explained to the DOJ attorneys that the Petition and my Post of November 17th were widely distributed and are available at various sites on the web… they do not seem to care about that ….they only care that I not report about what they are now trying to declare “protected information”…. 5 days after they unclassified the material and made it available for public release.

This is of course outrageous conduct by the DOJ…. in trying to declare something as “protected” after being clearly designated and distributed to the public but what else is new? For those of you who either remember my November 17th post or have it available on your website…. I originally learned of the so called “Protected” information from a public source and the Judge in Al-Ghizzawi’s case still ruled that I could not discuss it. Anyway, later this weekend I will try to provide all of the links that I can find from other sources who properly reported on the petition and my saga regarding it…. for now I am leaving you with these two links…. here and here as I happen to have these easily available.

I also expect several websites and other media outlets to be reporting on this and making the petition available at their websites because they received it from me back when I was allowed to distribute it or otherwise obtained it on the internet. I also provided interviews earlier this week and I expect that those will soon be available too. If any of you have time out there to find some of the websites where this story and petition are published please feel free to provide a link…or if you see it pop up on websites in the coming weeks please provide those links as well.

This is not the end of this story. Under the Protective Order the Government must actually get the Judge’s permission to retroactively keep me (and only me) from publishing and discussion the information that the Government now seeks to “Protect.” The DOJ will have to file a document with the Court explaining why this now very public information should be “protected.” Ultimately it will be the Judge’s decision. If you do not see my post back up that will mean that the Judge agreed with the Government, that I alone cannot talk about those things that you are privy to discuss.

I will just add…. this is just another day in the life of being a habeas counsel.

Are you looking for a summary? Mr. Al-Ghizzawi is among the Guantanamo inmates who have been “cleared for release.” Foreign governments know this, as well as the foreign press. But officially the status is “protected information.” Meanwhile, probably among other tragic developments, Al-Ghizzawi’s wife is seeking a divorce based on her impression that her husband will never be released. And attorney Gorman is forbidden to tell her she knows otherwise.

Except, that being “cleared for release” now has turned out to mean a worse limbo than before. It means all legal motions are suspended, pending a government action that is not forthcoming. Thus Mrs. Al-Ghizzawi’s prediction may be more accurate than the lawyer’s, that her husband is nowhere closer to being released.

And Judge Bates may understand this too.

Below is the Judge’s gag order:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ABDUL HAMID AL-GHIZZAWI,
Petitioner,
v.
GEORGE W. BUSH, et al.,
Respondents.

Civil Action No. 05-2378 (JDB)

ORDER

Before the Court is [277] respondents’ emergency motion to enforce the protective orders in this case, which was filed yesterday. Respondents ask the Court to order petitioner’s counsel to remove an article from her website that respondents contend reveals protected information. See Resp’ts’ Mot. to Enforce the Protective Orders [Docket Entry 273], at 1. They also request that the Court direct petitioner’s counsel “not to further disseminate ‘protected’ information.” Id. For her part, petitioner’s counsel asserts that the information she posted on her website and used in the article was disclosed by the government before the present dispute. See Pet’r’s Opp’n to Respt’ts’ Mot. [Docket Entry 274], at 5. Accordingly, she offers, “it is an extraordinarily odd situation to permit everyone else in the world to discuss this matter except counsel.” Id. She also suggests that this Court has no jurisdiction to address a filing made in the Supreme Court in petitioner’s original habeas corpus proceeding. See Pet’r’s Supplemental Resp. to Resp’ts’ Mot. [Docket Entry 276], at 2-3.

Petitioner’s counsel is bound by the various protective orders in this case, whether or not any “protected” information is now available on the internet. Here, despite its apparent inadvertent disclosure, the disputed information remains “protected” material. And accordingly, petitioner’s counsel is precluded from disclosing it. Therefore, it is hereby

ORDERED that respondents’ motion is GRANTED pending further order of the Court; it is further

ORDERED that petitioner’s counsel shall remove the article entitled “The Muzzle is Back On” from her website because it contains “protected” information and derivative material; it is further

ORDERED that petitioner’s counsel shall not disclose “protected” information and information or documents derived from “protected” information as defined by the protective orders in this case; and it is further

ORDERED that the parties may file supplemental memoranda, limited to fifteen (15) pages, addressing this matter by not later than December 7, 2009.

SO ORDERED.

/s/
JOHN D. BATES
United States District Judge

Dated: November 25, 2009

And Gorman’s filing of Nov 25:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ABDUL HAMID AL-GHIZZAWI
Prisoner, Guantanamo Bay Naval Station, Guantánamo Bay, Cuba;
Petitioner,

v.

Barack Obama, et. al.
Respondents.
)

RESPONSE
motion to
No. 05 cv 2378 (JDB)

PETITIONERS SUPPLEMENTAL RESPONSE IN OPPOSITION TO THE GOVERNMENT’S MOTION FILED UNDER SEAL

Petitioner Abdul Hamid Al-Ghizzawi (“Petitioner” or “Al-Ghizzawi”) hereby supplements her Response to the Governments Motion under seal as follows:

On November 24th, 2009 Counsel for Petitioner filed a Response to a Motion by the Government despite the fact that she had not actually seen the Motion. Counsel did this because of her well reasoned concern that the Government would wait as long as possible to send Counsel the actual Motion (it was emailed to her 1 ½ hours after the notice went out and one hour after she emailed counsel for a copy) and that it would not fully address all of the facts (as is shown by the Motion). Counsel was preparing and did leave for a family gathering prior to receiving the actual Motion by email. After Filing that Response the Government filed a subsequent “notice of classified filing” and according to an email from the Court Security Office that Motion is entitled “Supplemental Memorandum.” Counsel for Petitioner does not have access to that document, which awaits her at the Secure Facility, has no idea of its contents and is therefore not addressing anything that might be in that supplemental memorandum related to the issues herein.

The issue that Counsel seeks to address herein is surprisingly not addressed by the Government in its Motion and that is the jurisdiction of the District Court to address issues raised in Petitioner’s Supreme Court filing. Counsel does not have the answer to this question although she spent some time on the question over the past few days and had hoped that the Government would explain in its Motion how the District Court could provide a remedy to an issue that occurred in a Supreme Court filing. In essence what the Government is asking this Court to do is to apply district court orders to a Supreme Court case. The Government should have the burden of establishing the District Court’s jurisdiction in this uniquely extraordinary circumstance of attempting to have the District Court enjoin the Supreme Court- As it – as it was the in the United States Supreme Court itself where this document was unsealed. As the Government noted in its Motion, the Petition for Original Habeas Corpus was filed in the Supreme Court on October 2, 2009. Petitioner filed the document under seal. The Government then reviewed the Petition and notified counsel and the Supreme Court that the Petition was declassified for public release. A copy of the Petition was attached to the notice by the Government that noted on each and every page that the document was “declassified for public release.” The history of that document after it was cleared is fully set out in Petitioner’s Response. When the Government later decided that it did not want certain of the information in the Petition released to the public instead of seeking relief from the Supreme Court, where the now declassified petition was filed, it instead has come back to the District Court for relief.

When Counsel for Petitioner filed her original habeas case she simultaneously filed a motion with the Supreme Court to ask that the Petition be filed under seal and it was the Supreme Court that sought a declassified version of the Petition for public filing. Counsel for Petitioner believes that the proper course of action that the Government should have taken would have been to file a Motion with the Supreme Court asking to retroactively “protect” certain information that it “declassified for public release” and which it then later determined it wanted to protect.

Wherefore, for the reasons stated in Petitioners original response and this Supplement Counsel asks this Court to deny the Government’s “emergency” Motion.

Respectfully Submitted,

November 25, 2009

/s/
H. Candace Gorman
Counsel for Petitioner

Law Office of H. Candace Gorman
H. Candace Gorman (IL Bar #6184278)

Judge Larry Naves mocks justice in Ward Churchill ruling

Posted on July 8, 2009 by Marie Walden

Judge Larry Naves Ward Churchill ruling Yesterday Judge Larry Naves vacated the jury verdict in the Ward Churchill trial and refused to compel CU to reinstate Churchill saying that to do so would send a message to students that the University of Colorado “tolerates academic misconduct.” This, despite the fact that the jury found that charges of academic misconduct were made in order to silence Churchill without appearing to violate his free speech rights and wrongly fired him based on the trumped up charges.

The judge also failed to award any damages to Churchill, nor did he rule that CU must pay his legal fees. Further, Judge Naves’ 42-page ruling indicated that CU was a quasi-governmental body and, as such, should have been shielded from litigation to begin with.

Of course, Churchill attorney David Lane will appeal the ruling to a higher court, hopefully one that has more respect for the judicial system and the Constitution. This isn’t over, but how unfortunate that the bastard Judge Naves has prolonged the charade.

Judicial delinquents

Posted on February 12, 2009 by Tony Logan

illegal justice In a country where the politicians appoint judge- ships, this story stands out about how totally corrupted our US Legal System actually is. Pennsylvania judges accused of jailing kids for cash. An aberration, or par for The System? I think PAR myself.

Magna Carta one-ply tissue unscented

Posted on December 18, 2007 by Eric Verlo

When I heard the Magna Carta described today as the basis for democratic freedom, in particular, as it set forth that no man is above the law, I worried about the symbolism. Someone will pay $21 million expressly to wipe their ass with it. Can I call it or what?

The Magna Carta at Sotheby’s is one of only 17 copies drafted in the 13th Century by William Wallace’s oppressor. The other copies reside mostly at universities in the UK. The Smithsonian Institution, or the US National Archives, would like to have it in the name of the freedom loving American People. But I couldn’t help think of the aristocrats lined up in Francis Ford Coppola’s The Freshman, each eager to be the last man on earth to shoot, or eat, the last of whatever endangered species was on the menu.

The Magna Carta may be symbolic of common man’s hard won struggle, it launched the basis for our judicial system and English Common Law. But this document, certainly now, might hold special meaning to the better-than-thou sort. The entire Western world is seeing an eclipse of the commoner’s leverage over his rulers. We’re losing our rights and our rule of law. Having seen Habeas Corpus go the way of the Dodo, what could be next but the Magna Carta? “No man is above the law?” I’ll bet there is someone willing to pay 21 million dollars to use the Magna Carta as toilet tissue suitable for his noble ass. It will probably become a Skull and Bones requirement. Lo and behold, the buyer is David Rubenstein, the founder of the single most powerful, privately held, oligarch-only warlord club, The Carlyle Group.

Why?

Posted on November 17, 2007 by Tony Logan

Black Americans are getting sick and fed up with the entire racist criminal injustice system of the US. Still fresh in memory is the picture of White cops with guns turning back Blacks trying to cross the Mississippi Bridge to get out of New Orleans. In mind, too, is the new blatantly open use of torture not only of American military held POWs, but also of Black common folk held in US prisons around the country.

Thousands marched against racial profiling this week In D.C., their protest fed by the movement to defend the Jena Six. Why?

Why? is the question that was asked in Miami this week, too, and got a young man shot down by the police there. Why? too another taser death, not just in Canada, but in Miami that same week, this time of a Black man? Why? Black Agenda Report reports these stories of the Miami events. Executed ‘Walking While Black’ in Miami

Why? The answer is simple. We live in a world ruled by corporations run by Whites of privilege. They control and run a police and judicial system run and controlled by Whites of privilege, too. We live in a US privleged White world where a White privileged and dominated system arrests and tortures prisoners of color without any sense of the human indecency of their actions, fed by an even larger White community that cheers this on. We live in a racist US society.

Nothing that much has changed from the past. MLK’s ‘dream’ is still a dream and not any reality. That is the answer to Why?

For Black Americans especially there is no national security under the so-called national security state. Instead, it is a state of criminal injustice Blacks live under and promises of change for the better cannot be fed when all the recent changes have been for the worse. Racial injustice cannot be disappeared, when class injustice is the norm.

D.C. Capitol police versus Colorado Springs police

Posted on October 3, 2007 by Tony Logan

Charges Dismissed Against African-American Minister Targeted and Tackled by Capitol Police

Meanwhile, here in Colorado Springs the city continues to go after a woman with multiple medical problems needing multiple hospitalizations since the day they roughed her up at the annual city’s Saint Patrick’s Day Parade, even though she was not found guilty of any wrong doing at her first trial! Why?

The amazing thing about this effort to get Elizabeth Fineron convicted of something (this will be the third set of different charges the city has accused her of) is that the Colorado Springs police didn’t want to arrest her in the first place, they just wanted to rough her up, which they did by hauling her fast across the pavement. When she finally managed to struggle back up she was outraged and wanted to know if she was under arrest? The answer from the police was NO.

However, Elizabeth had just been deliberately humiliated by this police brutality in front of a large public crowd, and like the Reverend Yearwood Jr. in Washington D.C. had gotten upset by his rough treatment, Ms. Fineron was also upset, as any normal person would have been at that point. She did not feel that the police should just be allowed to treat her as if she was nothing more than a big bundle of trash to haul around at their free will, and demanded ‘to have her day in court’.

Still, the police refused to arrest her, at that time perhaps feeling some shame at what they had done to her? Elizabeth though, went from policeman to policeman stating that they had manhandled her for no cause at all, and that she wanted to be arrested alongside the other people being roughed up. They kept saying that she was not under arrest at all.

At last, one cop reluctantly told Elizabeth that if she tapped them with a finger they would call it assault and arrest her, though they wished she would just go away. Elizabeth’s response was simply to say NO… You guys beat me up, an elderly lady in poor health for no real reason at all, and now you want to act as if that was all right????… and she touched a cop with her finger tip… softly. Some arrest, huh? A real dangerous lady that the cops are now wasting our city tax money on for the umpteenth time to get her in the press… It is all very sad.

The city has decided not to retry 5 of the others their police roughed up, but goes after Elizabeth still, and Eric Verlo? As amazing as that seems?! Who can begin to try to understand their reasoning there? And all this time the Colorado Springs head cop, Richard Myers, has been playing with the Justice and Peace people as if the police is out to protect everybody? It just is not convincing at all, Police Chief.

At this point, not even the pro-war, Far-Out Right Wing Gazette editorial staff wants this idiotic attempt at prosecution to go on. Today, they came out with an opinion piece asking that no retrial of either Verlo or Fineron be launched. It was couched in their usual vile rhetoric, but still they thought it insanity to go through a trail again. They had the courage to take a position.

But where is the city council and mayor on this one? They like to talk nice, but have refused to speak out against city prosecution of the folk that police under their managerial direction roughed up. They are mum.

Shortly after St. Pat’s Day, the police had a riot in Los Angeles and beat up on people there, and even that notorious city not known for having their police under control disciplined some police for their actions. And now, the Capitol police admitted that they had gone wild taking down the Reverend Lennox Yearwood, Jr. as they did. What’s wrong with the city government and its officials here in Colorado Springs? It’s certainly not for lack of other municipal areas’ more positive examples that they act as they do.

The sad thing about this, is that the city council and mayor have expressed a desire that the city not be put in a bad light but they are completely unwilling to do the things necessary so that the city does not stand out and be seen as being a more intolerant and disrespectful place nationally than is the norm. They want to have their cake and eat it, too. That’s certainly the message they are giving out by wasting tax monies on yet another trial. Or, actually it will be two trials this time, as both the prosecution of Eric Verlo and Elizabeth Fineron will have two separate trials. It’s all very crazy…

Stop wasting our city tax monies on this nonsense, and come up with some legislation that would demilitarize the annual city St Pat’s Day Parade. By continuing this prosecution with yet another trial, you are using tax money to promote the idea that marching soldiers, Hooter girls, and politicians downtown is A-OK And city monies are to be allowed to promote such, yet city monies will stamp down hard on any counter social message trying to come out alongside the business as usual stuff.

Not all this city is made up of intolerant people who want liberal ideas censored using city tax monies. Not all this city wants its police to be used to rough people up and then to harass them using the judicial system afterwards. Get with the times, for they have changed since you in the city council used our tax monies to pay John O’Donnell to organize your march of squads of soldiers in a supposed Iraqi War ‘victory’ parade through downtown from the same spot your police assaulted Elizabeth Fineron for expressing a counter social message.

Prison nation neighborhood

Posted on August 29, 2007 by Eric Verlo

El Paso County correctional facilities I took a detour to meander along Las Vegas Road today, and got to see a Prison Nation.

Las Vegas is a notorious turn off to the middle of nowhere, but smack in the middle. It’s possible to take major roads on every side and never know what you missed. It runs along Fountain Creek, home of the water treatment plant, car part junkyards, used tire stores, piles of construction aggregate, and the county jail.

(On this satellite picture, the vehicle impound lot is at 11, juveniles are kept at 3, the half-way facility is at 5, and the County Jail is at 8 and 9.)

I’d forgotten about the jail until I saw the peaks of a big white circus tent in front of the main jail. I remembered that the El Paso Sheriff had taken the controversial step to house his surplus detainees in a tented extension, of dubious comfort during the summer and winter temperature extremes.

I drove on but it began to appear that the chain link and concertina wire kept on and on. To the right, a building even taller than the jail. At first you notice the pedestrian areas are fenced in, completely, like a polar bear requires at the zoo. Then you see that the windows are only slits, if they’re real at all. The buildings are almost always brick. Then on the other side of the street is something else again, behind wire, then this side again.

Finally I saw, at the edge of this development, what looked to be an ordinary townhouse complex but with each yard chained to batting cage height. Were these residents trying to keep potential escapees out of their yards? Then I observed a designation as a halfway program. I could see heads congregating, several to a room. I thought if I pulled over to watch it would look like I was a getaway car.

My friend Wade told me some time back, “Eric, they’re expanding the jail. I’ve got to get out of Dodge.”

“Why?” I asked, thinking his paranoia was in jest.

“Because when there’s more room in the jail, guys like me know nothing good is going to come of it.”

Wade, not his real name, suffers mental health difficulties and gets caught occasionally in drug enforcement and loitering sweeps. He was arrested once at 7-11 during their Voice Off promotion. He wouldn’t stop.

What are guys -not like Wade- to make of a detention facility system whose capacity has been outpacing the regional population rise in general? Can any of us ignore the implication to the judicial system posed by available beds, in need of fee paying inmates?

Jena 6 Update

Posted on August 28, 2007 by Tony Logan

Those who support the Saint Patrick’s Day Seven here in Colorado Springs are not making a fetish out of this case. There are many other worthy causes out there we support, too. Everywhere the US Judicial System is miscarrying justice. Below is an appeal from supporters of The Jena Six of the lousy state of Louisiana.
…………………………………………………………………………………………………………..
Dear Supporter,

On September 20th, Mychal Bell–the first of the Jena 6 to be convicted–is scheduled for sentencing. If the District Attorney has his way, Mychal will face 22 years in prison. It’s a horrifying moment for Mychal, his parents, and the rest of the Jena 6 families. It’s also a perfect time for those who can to come to Jena, in person, and stand with them. We know it’s a serious time and financial commitment, but we wanted to give you the opportunity to join the hundreds of people who have already emailed us to say that they will come. If you can join us, please click on the link below to RSVP:

http://colorofchange.org/jena/rsvp.html

Our presence in Jena–in large numbers–will help focus media attention on the situation in Jena, escalate pressure on Louisiana public officials, and most importantly, show the families of the Jena 6, especially Mychal Bell and his parents, that we will stand with them in the face of this injustice.

On July 31st, with only a few days to prepare, 300 people from across the country rallied at the Jena Courthouse. We delivered a petition signed by 43,000 ColorOfChange.org members to the District Attorney demanding that he drop the charges against the Jena 6. It was a powerful day that made it clear that the Jena 6 and their families won’t have to fight on their own. Since then, more than 100,000 people have taken action and contacted the Governor, media attention to the case has grown, and we have an even bigger opportunity to make a profound impact.

As we plan for this event, we want to get a sense of how many people can commit to coming to Jena. Below are some details about getting there, so you can figure out if you’ll be able to join us.

Details

If you’re flying to Louisiana, the closest airports to Jena are Alexandria (45 minute drive) and Monroe (1.5 hour drive). You can also fly to Lafayette (2.25 hour drive), Shreveport (2.75 hour drive), Baton Rouge (3 hour drive), New Orleans (4.25 hour drive), or Houston (about a 5 hour drive). The closest hotels are in Pineville and Alexandria. As they fill up, we’d recommend staying at hotels near the airports above.

If travelling from out of town, you’ll want to get to Louisiana the night before, as things will start early in the morning, probably by 8am or 9am. Organizers will meet you when you arrive at a central location in Jena and get you situated for the day. We will be providing maps, organizers’ cell phone numbers, and other information closer to the day-of; you will be able to reach someone in case you have any problems, need directions, or have questions along the way.

RSVP

Once you’re confident you can come, please rsvp at the following:

http://colorofchange.org/jena/rsvp.html

If you have questions, you can send them to [email protected].

If you can’t come, don’t worry. We’ll be sending emails soon with more ways to take action between now and the 20th. Whatever your participation, we thank you for your ongoing commitment to justice for the Jena 6. It continues to be our privilege to be part of such a powerful community of support for these young men.

Thanks and Peace,

— James Rucker
Executive Director, ColorOfChange.org
August 28th, 2007

The Jena 6

Posted on May 10, 2007 by Tony Logan

Nooses were hung from this tree The Jena 6 are a group of black High School kids who got into a fight with a White kid in a racist public school in a racist little town called Jena, Louisiana. Now they are receiving national attention since the police and the city government there decided to use the judicial system against these Black kids and charged them with attempted murder. Exaggerated criminal charges for a school yard brawl provoked by the racist actions of the ‘victim’.

We also live in a city here in Colorado Springs where the police, too, also have the approval of the city government to use the judicial system falsely and punitively against its own citizens. The fat cats at The editorial board of The Gazette think it aggressive and rude for us to point this out to other folk, and have sarcastically asked us ‘brutal’ local peaceniks (in their editorial today) to ‘Give Peace a Chance’.

Like the cheerleaders(The Gazette editorial staff) of a US war machine that has killed millions around the globe are at all convincing about any political issues they take up! Not hardly. They are warmongers instead. And they are just as insincere as have been the cops and their supporters on the Colorado Springs city council up to now.

Sorry, but it is the city government that has to control its police to make peace happen in this city. Instead, it seems that many amongst the powers to be like using the police as attack dogs against the pro-peace groups of our city? That’s why The Gazette fuels this sort of witch hunt mentality by feeding false information to the public and uses quotes both out of context and also minus portions of the actual content of what was said to their reporter. But back to the problems of Jena, Louisiana…..

Check out the local yokel paper there especially in the comments section after the article. Here is Znet’s article on the issue

Justice Now in Jena and Colorado Springs! Stop using the judicial system in a partisan manner that supports racism and war. Drop the false charges. Oh, and restore habeas Corpus and end the use of torture, too. Got that, Gazette? (If I had sent that in to their letters column they would have chopped it all up into incoherence. I know from my experience with them.)

St Patricks Day duplicity

Posted on March 29, 2007 by Eric Verlo

The duplicity accusation is excusable for people who have never faced trying to voice dissent with urgency. You want to play the game by the rules? Go apply for a permit to march with a message of peace in a pro-war parade. Have the organizer tell you no. Hire a lawyer to write him a letter, threatening to sue if you are not permitted to join the parade. Receive his lawyer’s response. No. It’s a private affair, you are not invited. Have your lawyer write another letter, citing the legal precedence in parades in other cities that were sued successfully for discriminating against minority views. Receive another formal reply calling your bluff.

Okay. File papers with a court and sue the organizer. Six months, a year. Maybe win, maybe with a conservative judge, you lose. Take it all the way to the Supreme Court even. That used to mean that the nation’s best minds would apply themselves to serve justice. These days it can mean that George Bush is declared winner of an election he stole.

Meanwhile the war in Iraq, the cause in dire need of your message, rages on.

The courts do not favor the voice of dissent. Anyone who wants to run the battle for freedom of expression through the court system has money to burn, has a delirious notion of the nobility of our judicial system, and is completely out of touch with what the dissenting voices are raised against: injustice and bloody-murder.

The helpful citizen who wants to tell the eyewitness to a mugging that he must regulate his cries for help according to local noise ordinances is very plainly a jerk, and quite possibly a criminal.

Were we trying on St Patrick’s Day to call attention to the crime of war-making? Absolutely. Were we trying to change anyone’s opinion? Naw. We were crying out to the 70% of Americans who want peace and may be timid about expressing it. If you are among those who don’t think a crime is being committed, get out of the way unless you want to be counted an accessory to mass murder.

	LL on Owl City writes lyrics most fo…
	lizzie on The ‘success maker…
	gary cummings on Common Dreams? Or is it censor…
	kennetha on The Stiles Unit of Beaumont
	Cristian on Shlomo Sand and shattering a n…
	Vic Currier on Why should you attend the Denv…
	Vic Currier on Sovereign constitutional oath…
	Robyn KenyaStar Prui… on White Native Americans
	Debra Gill on The Stiles Unit of Beaumont
	Xaldyn on The ‘success maker…

Not My Tribe

The Myth of Middle Ground

Tag Archives: judicial system