TESTING IN A SINGLE PERFECT CASE

THE CHECKS ON FEDERAL JUDICIAL MISCONDUCT

TOUTED BY THE 1993 REPORT OF

THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE & REMOVAL

— and documenting their complete worthlessness

 * * * *

A public interest lawsuit to protect

judicial whistle-blowing attorneys from judicial retaliation

DORIS L. SASSOWER,

                                - against -    

HON. GUY MANGANO, PRESIDING JUSTICE OF THE APPELLATE DIVISION, SECOND DEPARTMENT OF THE SUPREME COURT OF

THE STATE OF NEW YORK, and the ASSOCIATE JUSTICES THEREOF,

GARY CASELLA and EDWARD SUMBER, Chief Counsel and Chairman, respectively, of the GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, Does 1-20, being present members thereof, MAX GALFUNT, being a Special Referee, and G. OLIVER KOPPELL, Attorney General of the State of New York, all in their official and personal capacities,

DISTRICT COURT/SOUTHERN DISTRICT OF NEW YORK

(S.D.N.Y. #94 Civ. 4514 (JES))

PLAINTIFF’S VERIFIED COMPLAINT

June 20, 1994

Exhibit B:  Written Three-Year Deal between Republican and Democratic Parties of New York’s Ninth Judicial District, cross-endorsing judicial candidates, commencing in 1989.


PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR DISMISSAL ON THE PLEADING AND REQUEST FOR SUMMARY JUDGMENT IN HER FAVOR, WITH SANCTIONS AGAINST DEFENDANTS

June 23, 1995

Plaintiff's Affidavit

Exhibit 1:  Plaintiff’s 5/25/95 letter to Asst. Attorney General Amy Abramowitz, advising of her liability for sanctions if Defendants’ false and fraudulent dismissal motion and Answer were not withdrawn

Ex. B:  Plaintiff’s annotated “Chronology”, cross-referenced to disciplinary file

Ex. C:  Plaintiff’s 3/8/94 letter to Defendant Attorney General Koppell, transmitting disciplinary file, with annotated Inventory

Ex. D:   Plaintiff’s “Critique” of Defendants’ Answer, documenting that over 150 responses were false and in bad faith

Exhibit 2a: Plaintiff's petition for a writ of certiorari to the U.S. Supreme Court in her state Article 78 proceeding, Sassower v. Mangano.

Plantiff's Rule 3(g) Statement

Plantiff's Memorandum of Law
 

PLAINTIFF’S ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER, which Judge Sprizzo refused to sign

Filed September 25, 1995

Unsigned Order to Show Cause

Moving Affidavit

Memorandum of Law
 

PLAINTIFF’S ORDER TO SHOW CAUSE FOR JUDGE SPRIZZO’S RECUSAL, PURSUANT TO 28 USC §§144 AND 455, which Judge Sprizzo refused to sign

Filed October 26, 1995

Unsigned Order to Show Cause

Moving Affidavit

Memorandum of Law

 
PLAINTIFF'S AFFIDAVIT IN FURTHER SUPPORT OF TEMPORARY INJUNCTION AND SANCTIONS, October 27, 1996
 

PLAINTIFF’S NOTICE OF MOTION FOR REARGUMENT, RECONSIDERATION, AND RENEWAL OF ORDER TO SHOW CAUSE FOR RECUSAL AND FOR OTHER RELIEF

March 8, 1996

Notice of Motion

Moving Affidavit

 

SECOND CIRCUIT COURT OF APPEALS

(#96-7805)

 

PLAINTIFF-APPELLANT'S NOTICE OF APPEAL, June 27, 1996

 

 

PLAINTIFF-APPELLANT’S BRIEF

January 10, 1997

Cover

Questions Presented for Review

Table of Contents

Table of Authorities

Brief

Attached Appendix: Line-by-line analysis of the appealed-from 5/21/96 decision/order of  District Court Judge Sprizzo, compared with record

RECORD ON APPEAL

January 10, 1997

Cover

Table of Contents

• Plaintiff’s statement, presented at the 11/28/95 public hearing of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts

• Plaintiff’s March 8, 1996 handwritten letter to Chief Judge Griesa/Southern District Court

• Plaintiff’s May 3, 1996 letter to Chief Judge Griesa

 

 

PLAINTIFF-APPELLANT’S REPLY BRIEF

April 1, 1997

Cover

Table of Contents   

Table of Authorities

Reply Brief

 

 

PLAINTIFF-APPELLANT’S RECUSAL/SANCTIONS MOTION

April 1, 1997

Notice of Motion

Moving Affidavit

Exhibit D: Plaintiff's January 14, 1997 letter to Attorney General Vacco

Supplemental Affidavit, April 28, 1997

Exhibit A:   Statement of CJA’s Coordinator, Elena Ruth Sassower, presented at the November 28, 1995 public hearing of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts

 PLAINTIFF-APPELLANT’S PETITON FOR REHEARING WITH SUGGESTION FOR REHEARING IN BANC

October 6, 1997

Cover

Table of Contents

Table of Authorities

Rehearing Petition

 

 PLAINTIFF-APPELLANT’S RECUSAL/RULE 60(b) VACATUR FOR FRAUD MOTION

October 10, 1997

Notice of Motion

Moving Affidavit

Table of Exhibits

Exhibit A:  “Without Merit: The Empty Promise of Judicial Discipline”

Exhibit B:  “Restraining ‘Liars in the Courtroom’ and on the Public Payroll”

Exhibit C: Plaintiff-Appellant’s March 4, 1996 judicial misconduct complaint against Jon Newman, Chief Judge, Second Circuit Court of Appeals

Exhibit E: Plaintiff-Appellant’s May 30, 1996 petition for review of Acting Chief Judge Amalya Kearse’s dismissal of the March 4, 1996 complaint against Chief Judge Newman

Exhibit L: Plaintiff-Appellant’s written statement for presentment at the 8/29/97 oral argument

Exhibit M: Plaintiff-Appellant’s 8/27/97 letter to NYS Attorney General Dennis Vacco

Exhibit N: Plaintiff-Appellant’s line-by-line analysis of the Second Circuit’s 9/10/97 summary order

 PLAINTIFF-APPELLANT’S §372(c) JUDICIAL MISCONDUCT COMPLAINT AGAINST DISTRICT COURT JUDGE

October 28, 1997

§372(c) Judicial Misconduct Complaint against District Judge Sprizzo

Exhibit A: Line-by-line analysis of Judge Sprizzo’s appealed-from 5/21/9696 decision/order, compared with record

Exhibit B:  “Without Merit: The Empty Promise of Judicial Discipline”

 

PLAINTIFF-APPELLANT’S §372(c) JUDICIAL MISCONDUCT COMPLAINT AGAINST THREE-JUDGE APPELLATE PANEL

November 6, 1997

§372(c) Judicial Misconduct Complaint against Appellate Panel Judges Jacobs, Meskill, Korman

Exhibit A:   Line-by-line analysis of appellate panel’s 9/10/97 summary order, compared with record

Exhibit B-1:  “Restraining ‘Liars in the Courtroom’ and on the Public Payroll”

Exhibit B-2: “Where Do You Go When Judges Break the Law?”     

Exhibit C: “Without Merit: The Empty Promise of Judicial Discipline”   

 


 

UNITED STATES SUPREME COURT

(#98-106)

 

PETITIONER’S PETITION FOR A WRIT OF CERTIORARI

May 18, 1998

Cover

Questions Presented

Table of Contents, Including to Appendix

Table of Authorities

Petition   

 

PERTINENT DOCUMENTS IN APPENDIX TO CERT PETITION

Petitioner’s April 3, 1998 Petition for Review to the Second Circuit Judicial Council of Chief Judge Winter’s 2/9/98 dismissal of her §372(c) judicial misconduct complaints against appellate panel and district judge

Exhibit A: CJA’s march 10, 1998 memorandum to House Judiciary Committee

Exhibit B: CJA’s March 23, 1998 memorandum to House Judiciary Committee

 

PETITIONER’S SUPPLEMENTAL BRIEF

September 2, 1998

Cover

Table of Contents, Including to Supplemental Appendix [SA-]

Table of Authorities

Supplemental Brief

 

PERTINENT DOCUMENTS IN SUPPLEMENTAL APPENDIX

• Petitioner’s July 20, 1998 letter to U.S. Solicitor General Seth Waxman

• CJA’s statement for the record of the House Judiciary Committee’s June 11, 1998 “oversight hearing of the administration and operation of the federal judiciary” 

• CJA’s statement at the April 24, 1998 public hearing of the Commission on Structural Alternatives for the Federal Courts of Appeals

• Petitioner’s July 27, 1998 letter to Lee Radek, Chief of the Public Integrity Section of the U.S. Justice Department’s Criminal Division

• CJA’s November 24, 1997 letter to Jeffrey Barr, Deputy General Counsel, Administrative Office of the U.S. Courts

• Petitioner’s January 26, 1998 letter to ABA President Jerome Shestack

• Petitioner’s August 11, 1998 letter to ABA President Philip Anderson

 

 

PETITIONER’S SEPTEMBER 23, 1998 LETTER-APPLICATION TO THE SUPREME COURT JUSTICES FOR DISCLOSURE AND DISQUALIFICATION, PURSUANT TO 28 U.S.C §455

Exhibit B-1: Petitioner’s 9/2/98 letter to Chief Deputy Clerk

Exhibit B-2: Petitioner’s 9/17/98 letter to Chief Deputy Clerk

Exhibit C: CJA’s 9/4/98 memo to governmental & bar recipients of supplemental brief

— August 12, 1998 letter to the Association of the Bar of the City of New York   

Exhibit D:    USC Law School Announcement of Symposium on Judicial Independence & Accountability, 11/20/98-11/21/98

Exhibit E:   Speech by Justice Anthony Kennedy: “Judicial Ethics and the Rule of Law”, summer 1996

 

PETITIONER’S SEPTEMBER 29, 1998 LETTER TO DEPUTY CLERK FRANCIS LORSON

 

PETITIONER’S OCTOBER 14, 1998 LETTER TO CHIEF CLERK WILLIAM SUTER

(improvised judicial misconduct complaint against the Justices)

 

PETITIONER’S OCTOBER 26, 1998 LETTER TO DEPUTY CLERK LORSON

 

 

PETITIONER’S OCTOBER 26, 1998 LETTER TO CHIEF CLERK SUTER

 

 

PETITIONER’S PETITION FOR REHEARING

October 30, 1998

Cover

Table of Contents, Including to Rehearing Appendix [RA-]

Table of Authorities

Petition for Rehearing

  

 

PETITIONER’S NOVEMBER 6, 1998 LETTER TO CHIEF DEPUTY CLERK LORSON

• CJA’s November 6, 1998 Impeachment Complaint against the Justices, filed with the House Judiciary Committee

• Exhibit A: CJA's May 29, 1998 letter to William Burchill and Jeffrey Barr, General Counsel, and Assistant General Counsel to the Administrative Office of the U.S. Courts, to which Chief Judge Rehnquist was indicated recipient in his capacity as head of the Judicial Conference of the United States

• Exhibit B: Report of the National Commission on Judicial Disicpline and Removal, pp. 121-123

"... any publicly made (non-frivolous) allegation of

serious misconduct ... against a Supreme Court Justice

would receive intense scrutiny in the press..."

—The 1993 Report of the National Commission

on Judicial Discipline and Removal (at p. 122)

 

ILLUSTRATIVE PRESS RELEASES

relating to CJA’s November 6, 1998 Impeachment Complaint against Chief Judge Rehnquist — and the House Judiciary Committee’s “Cover-Up” of the Hundreds of Judicial Impeachment Complaints it Receives

CJA’s January 7, 1999 press release

CJA’s January 13, 1999 press release

CJA’s January 20, 1999 press release,

“House Judiciary Committee Ignores Hundreds of Impeachment Complaints”

CJA’s January 23, 1999 press release,

“House Judiciary Committee Ignores Hundreds of Impeachment Complaints”

CJA’s January 23, 1999 press release,

“Impeachment Complaint against Chief Judge Rehnquist”

CJA’s February 18, 1999 press release, 

“House Judiciary Committee Ignores and Conceals Hundreds of Judicial Impeachment Complaints”

CJA’s February 18, 1999 press release,

“Coming Up Next: The Impeachment of Chief Judge Rehnquist”

SOLICITING THE MEDIA

The Associated Press

CJA’s January 12, 1999 letter to John Solomon, Special Assignments Editor


Baltimore Sun

CJA’s January 12, 1999 letter to Lyle Dennison, S.Ct. Correspondent
CJA’s January 12, 1999 letter to Jonathan Weisman, Congressional Correspondent
CJA’s February 18, 1999 letter to Lyle Dennison


The Boston Globe

CJA’s January 11, 1999 letter to Louise Palmer
CJA’s January 12, 1999 letter to Louise Palmer


The Chicago Tribune
CJA’s January 6, 1999 letter to Terry Atlas, News Editor
CJA’s January 14, 1999 letter to Jan Crawford Greenburg, Supreme Court Correspondent


Houston Chronicle
CJA’s January 21, 1999 letter to Steve Lash, S.Ct. Correspondent
CJA’s January 21, 1999 letter to Steve Lash


Jet
CJA’s January 19, 1999 letter to Simeon S. Booker, Bureau Chief


Kansas City Star
CJA’s January 6, 1999 letter to Joe Stephens
CJA’s January 8, 1999 letter to Joe Stephens


Knight-Ridder
CJA’s January 21, 1999 letter to Aaron Epstein, S.Ct. Correspondent
CJA’s January 21, 1999 letter to Aaron Epstein


Los Angeles Times
CJA’s January 11, 1999 letter to Mark Lacey
CJA’s January 15, 1999 letter to David Savage, S.Ct. Correspondent


Mother Jones
CJA’s January 12, 1999 letter


The Nation
CJA’s January 19, 1999 letter to David Corn
CJA’s January 29, 1999 letter to Bruce Shapiro
CJA’s February 8, 1999 letter to Bruce Shapiro
CJA’s February 8, 1999 letter to Katrina vanden Heuvel, Managing Editor
Katrina vanden Heuvel’s February 8, 1999 e-mail
CJA’s February 9, 1999 letter to Katrina vanden Heuval


National Journal/Newsday
CJA’s January 6, 1999 letter to Stuart Taylor, Jr.
CJA’s January 8, 1999 letter to Stuart Taylor, Jr.


The New Republic/The New Yorker
CJA’s January 22, 1999 letter to Jeffrey Rosen
Jeffrey Rosen’s May 3, 1999 letter


New York Observer
CJA’s January 9, 1999 letter to Matt Fleischer
CJA’s January 11, 1999 letter to Matt Fleischer
CJA’s January 13, 1999 letter to Matt Fleischer


The New York Times
CJA’s November 11, 1999 letter to Adam Liptak
February 18, 1999 press releases, given, in-hand, to Linda Greenhouse, S.Ct. Correspondent

(on February 18, 1999, National Press Club, at a program titled “Impeachment: Changing the Constitutinoal Landscape”, sponsored by the Century Foundation, Constitution Project)


Newsday
CJA’s October 8, 1998 fax to Knut Royce
CJA’s October 8, 1998 fax to Knut Royce
CJA’s October 8, 1998 letter to Knut Royce
CJA’s October 16, 1998 letter to Knut Royce
CJA’s November 2, 1998 letter to Knut Royce
CJA’s November 9, 1998 letter to Knut Royce
CJA’s December 8, 19! 98 letter to Knut Royce
CJA’s February 18, 1999 letter to Knut Royce


Newsweek
CJA’s January 19, 1999 letter to Eleanor Clift


The Progressive
CJA’s January 20, 1999 letter to Ruth Conniff, Washington Editor
CJA’s February 2, 1999 letter to Ruth Conniff


Salon
CJA’s September 28, 1998 e-mail
CJA’s October 1, 1998 e-mail
CJA’s October 7, 1998 letter

Jonathan Broder
CJA’s December 28, 1998 fax
CJA’s December 23, 1998 letter
CJA’s December 24, 1998 fax
CJA’s December 28, 1998 letter
CJA’s January 8, 1999 letter
CJA’s February 18, 1999 letter


Time Magazine
CJA’s January 8, 1999 letter to Brian Doyle
CJA’s January 8, 1999 letter to Brian Doyle


USA Today
January 21, 1999 letter to Tony Mauro, S.Ct. Correspondent
January 29, 1999 letter to Tony Mauro
January 29, 1999 letter to Tony Mauro
February 18, 1999 letter to Tony Mauro


U.S. News & World Report
CJA’s January 21, 1999 letter to Ted Gest, National News Editor & S.Ct. Correspondent
CJA’s January 21, 1999 letter to Ted Gest


The Village Voice
CJA’s January 6, 1999 letter to James Ridgeway
CJA’s January 8, 1999 letter to James Ridgeway
CJA’s January 11, 1999 fax to fact-checker
CJA’s January 18, 1999 proposed Letter to the Editor


The Wall Street Journal
CJA’s January 8, 1999 letter to Max Boot
Max Boot’s January 11, 1999 letter


Washington Post
CJA’s January 5, 1999 letter to Joan Biskupic, S.Ct. Correspondent
CJA’s January 8, 1999 letter to Joan Biskupic
CJA’s February 18, 1999 letter to Joan Biskupic


Washington Times
CJA’s January 5, 1999 letter to Dave Boyer, Assistant Editor/National Desk
CJA’s January 5, 1999 letter to Dave Boyer


ABC
CJA’s January 5, 1999 fax to Lois Neufeld
CJA’s January 7, 1999 letter to Lois Neufeld
CJA’s January 8, 1999 letter to News/Assignment Desk-National/Impeachment

CBS
CJA’s January 8, 1999 letter to Planning Editor
CJA’s January 14, 1999 letter to Stephanie Lambidakis
CJA’s January 14, 1999 letter to Stephanie Lambidakis
CJA’s February 4, 1999 letter to Stephanie Lambidakis
Ms. Lambidakis’ March 19, 1999 letter


CNN
CJA’s January 5, 1999 letter to Charles Bierbauer, S.Ct. Correspondent
CJA’s January 8, 1999 letter to Charles Bierbauer
CJA’s January 13, 1999 letter to Assignment Desk


FOX
CJA’s January 8, 1999 letter to Assignment Desk — National News/Impeachment
CJA’s January 11, 1999 letter for Drudge Report, Hannity & Colmes, etc.
CJA’s January 19, 1999 letter to Assistant to Brit Hume
Fox Invitation Letter to Drudge Show
CJA’s January 22, 1999 letter
CJA’s January 25, 1999 e-mail to Matt Drudge


NBC
CJA’s January 8, 1999 letter to Washington Desk/National News


David Broder
CJA’s January 18, 1998 letter


Jack MacKenzie
CJA’s November 17, 1998 letter to Jack MacKenzie, Author, The Appearance of Injustice,

formerly Supreme Court correspondent for The Washington Post and Editorial Board member of The New York Times. 


If passion drives you, let reason hold the reins - Benjamin Franklin
 
Please note the contents contained in this email are opinion only and are not to be construed as legal advice in any way. If there is any doubt about the contents of this email, please seek the advice of an  attorney licensed in your state.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In Liberty,

Martin H. Smith, Jr.
stjoesapr@...

Spreading the Truth to
Help Inform America!!

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands ... may justly be pronounced the very definition of tyranny." -- James Madison, Federalist 47

"We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force." --  Ayn Rand, The Nature of Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

In His Own Case

 

 

 

 

 

(By Harsha Sankar, freedom@...)

 

From: Harsha Sankar

Sent: Friday, April 02, 2004 8:31 PM

Subject: Black Robed Despots

 

Dear Citizens,

With judges now making law, the American republic is being torn apart, and democratic institutions are being pushed into extinctions.

 

The judiciary has now decided the reference to God in the pledge of allegiance, that Floridian parental notification about minors' abortion, that the passed referendum calling for the increase of legislature votes needed to raise Nevadan taxes, that Michigan laws treating students (regardless of race) the same, that laws prohibiting same-sex marriages, are all unconstitutional.

 

These are just a few examples of the lunacy Americans experience. Do the other branches check the unlimited powers of the judicial oligarchy? Of course not, simply because they are manned by the same people.

 

The new repressive theocracy, the legal profession, have converted lawmakers into lawbreakers, America's [Republic -Ed] into their kleptocracy.

 

This permeation will polarize our nation into the co-operative exploiters and the voiceless exploited. Irrespective of who wins or loses, the ruling class will have its mandates and pound of flesh.

 

The people, no longer answered to by its own government, are now compelled to answer to the capricious decrees of these black robed despots.

 

The notion the court has the final say on the meaning of the law and Constitution, is nowhere to be found in the thoughts of the Framers or the text of the Founding document. ....

 

Lincoln cited people would cease to rule themselves and would resign their government into the hands of judges. Now judges are trying to internationalize our law, which threatens American independence at its core.

 

The fiction of judicial supremacy, often cloaked as high-minded, though self-serving assertion of "judicial independence," caters to rogue behavior. This is not compatible in a progressive and merit-based society. It will make jurists into demigods with celebrity status and will turn simple court cases into drama and entertainment for the masses. ....

 

Either Americans purge this tyranny or this tyranny will purge America.

 

Very Truly Yours,

Harsha Sankar

freedom@...

201 Interstate Drive Covington,

Virginia 24426

 

"The more corrupt the state, the more numerous the laws"  -- Tacitus

 

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.."

- Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root." -- Henry David Thoreau    <><

 

Hypocrisy of Supreme

Court Justice

 

Scalia's Tape Tactics at Issue

Los Angeles Times, April 9, 2004

Page A18

 

Experts question legal basis for confiscation--

apparently on justice's orders-- of recordings.

By David G. Savage

Times Staff Writer

 

WASHINGTON--  First Amendment experts on Thursday questioned the legal basis for a deputy U.S. marshal-- apparently acting on the orders of Supreme Court Justice Antonin Scalia-- to confiscate and erase recordings made by two reporters invited to hear the justice speak at a high school gym.

 

The experts questioned not only Scalia's practice of barring recordings of remarks made in public, but also whether the seizure may have violated a federal law intended to shield journalists from having notes or records confiscated by officials.

 

"I don't think any public official-- and I don't care whether you are a Supreme Court justice or the president of the United States-- has a right to speak in public and then say, 'you can't record what I have said,' " said Burt Neuborne, a law professor at New York University and former legal director of the American Civil Liberties Union. "A marshal is there for security, not to censor what a justice has said." .....

 

"This was our first effort at having a national speaker on campus. We assumed the public and reporters would want to be here," said Barrett Mosbacker, the headmaster.

 

Antoinette Konz, a school reporter for the Hattiesburg American, said she received a written invitation to cover the event. "They called back to make sure we would be there Wednesday," she recalled. "And when we arrived, they gave us a place to sit in the front row."  ....

 

Near the end of the talk, Deputy U.S. Marshal Melanie Rube, who works in the Hattiesburg area, confronted two reporters who were recording Scalia's comments.

 

"She came up and demanded the tapes," Konz said. "She told us that Scalia did not want the speech to be taped-recorded."

 

When Associated Press reporter Denise Grones balked, "The marshal grabbed the tape recorder," Konz said, and erased the digital recording.

 

Konz said the marshal then removed the tape from her recorder and walked away with it. "I said, 'I need that tape,' she said. I tried to explain there was stuff on the other side that I needed." After the event, the marshal agreed to return the tape, but only after taping over the 40 minutes that covered the time of Scalia's appearance.

 

Konz said she was surprised by Scalia's actions, since she had met him four years ago when he gave a speech at a local college where she was a student.

 

"I had my picture taken with him," she said. "I certainly wasn't expecting something like this. What was this about? Why was he so upset?"

 

Experts in 1st Amendment law say it is generally understood that officials-- including judges-- cannot confiscate or destroy notes or records that journalists obtain in public events.

 

"This is a major embarrassment. And it is unsupportable as a matter of law," said Jane Kirtley, a law professor at the University of Minnesota and an expert on press law. "They could have said 'No Press Allowed.' But if they let the reporters in, and there are no ground rules in advance, they can't then say you can't report that or you can't use that."

 

She said that that principle was invoked recently in Mississippi when a judge tried to punish a reporter for writing a newspaper article about a defendant's juvenile record, which had been described in an open court hearing.  The state Supreme Court ruled that the information, once made public, could not be declared confidential afterward.

 

Kirtley also said the action by Scalia and the marshal appeared to violate the Privacy Protection Act of 1980, which says: "It shall be unlawful for a government officer or employee... to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast or other similar form of public communication." The law also says victims of such official confiscations may sue the violators.

 

Neuborne said he was disappointed by Scalia's action in light of his past decisions upholding the 1st Amendment. "This is very surprising coming from him, since he has a good grasp of the 1st Amendment," Neuborne said. "This doesn't live up to the ideals of the 1st Amendment. He should know he can't use a U.S. marshal as a private police force to enforce his will."  ....

 

Last year, Scalia's aversion of the press made headlines in Cleveland. He was given the annual Citadel of Free Speech award by the City Club of Cleveland in honor of his efforts on behalf of the "preservation of the 1st Amendment."  ....

 

---

Well spoken were the words of Lord Acton, "Power tends to corrupt, and absolute power corrupts absolutely." The actions of U.S. Supreme Court Justice Antonin Scalia is indicative of the entire judiciary in the United States, to wit, the law is for peons to obey, not for judges, and certainly not for U.S. Supreme Court Justices. After all, the words come forth out of their mouths "Is the Law of the Land! They spoke, and it was so! And they saw that it was good! And the evening and the morning was the first day!"

 

What does it take to convince all American's that only through the passage of J.A.I.L shall integrity reign in this nation, and without the passage of J.A.I.L. there shall be no integrity?   - Ron Branson

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

 

 

 

Court to decide who will judge state judges

Concord Monitor Online By KATHARINE WEBSTER The Associated Press May 12, 2004

Who will judge the judges? For three years, both the Legislature and the judiciary have claimed the right. Now, the state Supreme Court must decide whether its own Judicial Conduct Committee or the rival Judicial Conduct Commission established by the Legislature is legitimate. Supporters of the former say the Legislature is trespassing on essential court powers, violating the state constitution's separation of powers. They also say the rival committee was set up three years ago partly as payback for the court's unpopular Claremont decision, which required the state to pay for schools. But critics of the court committee, which disciplined unethical judges for more than two decades, say it performed so poorly it needs to be replaced. They cite ethical breaches at the Supreme Court that led to the resignation of one justice and the impeachment of the chief justice in 2000, as well as the committee's failure to stop part-time Judge John Fairbanks from stealing millions of dollars from his private law clients a dozen years ago. Concern about judicial ethics came to a head in 2000 when Justice Stephen Thayer resigned over accusations he interfered in his own divorce case and then-Chief Justice David Brock was impeached (and later acquitted) over allegations that such conflicts of interest were routine. In the aftermath, a task force recommended making the Judicial Conduct Committee independent of the court, with its own staff and funding, and making the court share the power to appoint the committee's members with the governor, the Bar Association and leaders of the House and Senate. The court endorsed the plan in 2001 and tried to carry it out. But the Legislature refused to pay for it. Instead, it passed a law setting up the virtually identical Judicial Conduct Commission. The law said the commission should adopt its own code of conduct, a direct challenge to the court's rule-making authority. The court responded by keeping its committee in place. Both boards accepted and resolved complaints for two years. Then, last year, the Legislature decreed that all complaints go to the commission starting Jan. 1. The Supreme Court is scheduled to hear oral arguments today on which committee is legitimate. "Somewhere along the way, (the independent commission) got hijacked by the Legislature," said Anthony McManus, executive secretary of the court committee. "It was during the period of time when there was a lot of butting heads between the Legislature and the courts." The committee claims the law creating the commission violated the court's constitutional power to administer lower courts and make court rules with the force of law. Associate Attorney General Ann Larney, who will defend the law, argues that disciplining judges is a shared responsibility among the branches. The commission set up by the Legislature can recommend censure or reprimand for unethical judges, but judges can appeal to the Supreme Court. The commission must refer possible crimes to prosecutors and ethics violations to an administrative judge. And nothing prevents the Supreme Court from suspending or otherwise disciplining judges, she said. "There is no seizure of the judiciary's power of general superintendence over the courts," she wrote in a court filing. "There is some overlapping of power among all three branches." Scherr is skeptical. When both committees operated, the Legislature could argue it wasn't usurping court authority, he said. But when they cut off complaints to the court committee, legislators effectively said, "We're going to take exclusive control of this," Scherr said. http://www.cmonitor.com/apps/pbcs.dll/artikkel?SearchID=73171428770835&Avis=CM&Dato=20040512&Kategori= REPOSITORY&Lopenr=405120339&Ref=AR The case is one of three to be heard this year involving legislative authority over the courts. Material posted to this site retains copyright. See the User's Guide for details. Concord Monitor Online, P.O. Box 1177, Concord NH 03302 Phone: 603-224-5301 E-mail: Webmaster@...

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
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"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

Randy Gaumond, Sui Juris       

 

 

 

 

 

 

 

 

 

 

 

 

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

----- Original Message -----

 

 

 

 

	Fun For All				Family Fun
				A Hog Roast - Dakota style *advance tickets must be purchased by June 9th You are invited to An old fashion county fair style, get-together for American Small Businessmen, their families, and the public. A Hog Roast – South Dakota style, with all the fixings, will take place June 12, from noon until after the fireworks. Join us for a fun-filled family day where small businesses can mix and mingle, exchange ideas, and discuss issues. Three cash prizes of $50.00 each will be drawn, so please register for them @ the Freedom Roast Tent.  Drawing will be held @ 9:00pm. And if the kids get bored watching the air show, listening to live music or can’t sit still for the fireworks; we have activities, inflatable play areas and not to mention – Wild Water West is just outside the gate! Scheduled events and attractions include: • Guest speakers from across the country will address some of the key issues small American Business are facing today. • Master of Ceremonies - To be announced... • Independent on site food venders.   (for those who did not advance purchase roast tickets) • A tentative fly-over by the South Dakota Air National Guard. • A Air Show featuring the Vanguard Squadron out of Tea, South Dakota.  • Live music by The Neo Johnsons from Noon to 7:00pm. • Dakota Karaoke from 7:00pm - 9:30pm • A Professional fireworks grand finale at dusk   Freedom Roast 2004 is the first of what promises to be an annual event. Where: A grassy knoll next to Wild Water West, Sioux Falls, South Dakota 5 miles west of the Sioux Falls Empire Mall on 41st Street, 4 miles south on Highway 17, Exit 77.    (Click here for a Map to the site) When: June 12, 2004 Cost: Free admission • $5 dinner tickets must be purchased in advance.  Print this form and mail or call 605-498-0500 from 8:30am - 5:00pm cst for more info.  (You must pick up your arm band at the Freedom Roast tent to obtain a plate for the hog roast.) * (the "Hardball Question" session has been postponed for this year)
					Friends Fireworks
					Let the kid play on The Titanic Slide!   Vendor Booths +
	Guest Speakers: About Your Host Contact Freedom Roast @ 605-498-0500 email Get Your Hog Roast Advanced Tickets @ Get N' Go Current Conditions in Sioux Falls

 

 

 

 

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----- Original Message -----

Dear Ron,

 

    In FEB. I was released from prison after serving 21 months for civil resistance regarding federal income taxes. My saga is far from over and I hope that you can, and will, give me your opinion on judicial immunity.

 

    On the surface it appears that a US District Court Judge cannot be sued in a Bivens action, or other civil action, but I find this most difficult to accept. (Truth is often hard to accept, but accept it you must, and here with and exclamation.  It is for this reason that J.A.I.L. has come into existence.)

 

 

If that judge were involved in a conspiracy to deny a defendant their Sixth Amendment right to the assistance of counsel (and the defendant went to prison for 21 months) would he still have immunity?  (Absolutely!) His involvement would certainly be outside the scope of his judicial functions. (That does not matter. The result would be the same on most anything short of a felony such murder or rape.)

http://blogs.salon.com/0001282/2004/05/28.html#a207

America the Gulag Nation

Friday, May 28, 2004

The U.S. Dept. of Justice just released the latest figures on
American prisons.  Currently, there are 2.1 million people
incarcerated.

Any time you hear America is a democracy, where citizens have rights, remember that prisons represent our 35th largest state.

We have more people in prison than live in Nevada, West Virginia, New Mexico, Nebraska, Maine, Idaho, New Hampshire, Hawaii, Rhode Island, Montana, Delaware, South Dakota, North Dakota, Alaska, Vermont, or Wyoming.

According to a report by the Sentencing project, crime rates have
been declining since 1990, but the prison population has risen by 49% during this time.

America now is the greatest jailer on earth. .... Our rate of imprisoning our citizens is approximately 600% higher than either China or Canada.

Racially, things are even worse.  In historical perspective, the
899,000 African Americans incarcerated today are nine times the
number of 98,000 in 1954, the year of the Brown v. Board of Education decision.  So there are now 900% more blacks in prison today than there were 50 years ago, while the black population has only doubled, or increased 100%.

Put another way, you can say that a black person is nine times more likely to be held a prisoner today in the U.S. than they were in 1954.

The huge surge in incarcerations are almost all due to punitive and racist laws that criminalize behavior that is considered to be minor in other countries.  Among this are non-violent drug offenses, and the notorious three strikes laws.  For example, again using info from the sentencing project, in California, which has a three strikes law, "the third "strike" of more than half (57%) of these persons is for a non-violent offense.

In one recent case, Santo Reyes was sentenced to 26 years to life for trying to take the written portion of a driver's license test for his illiterate cousin. Reyes had previously had a juvenile burglary
conviction in 1981 and an adult robbery conviction in 1987.

In America we have imprisoned for life a man who committed two robberies in 24 years, and then tried to take a written license test for his illiterate cousin. ....

---

 

Aside from General Motors, America's most thriving economy is its  Prison Industry. Just like General Motors, the judges, prosecutors, clerks, attorneys, law enforcement officers, food & transportation industries, prison guards, gun manufacturers, construction contractors make untold billions and billions of dollars annually catering to this Industry.

 

Yes. the Prison Industry is a very lucrative business upon which millions profit and depend. The more prisons built, the more people they can thrown in prison. Every prison must be kept to overflow. The objective is to make sure there are no empty beds, for empty beds are indicative of lost revenue to the Prison Industry. Of all things, they must keep that turn$tyle turning. The faster the better, racking up billion$ for more construction for prisons, more guards, more lawyers, more judges, more police, etc., etc.

 

This is why, left to its own conclusion, there shall never be a conclusion to crime on the streets, for crime is so very profitable and important to the existence of government. Without it, people would start questioning the need for so much government. Crime gives the politicians the ammunition needed to sing their re-election hymn, "Vote For Me," with its first stanzas, "I'm Tough On Crime!" And so goes the American Prison Industry until it exceeds the size of that of General Motors.

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

 

 

 

 

 

----- Original Message -----

 

 

 

 

 

 

 

 

 

 

 

----- Original Message -----

 

 

FIGHTING TYRANNY REQURIES AN EFFECTIVE WEAPON

 

By: Devvy

June 17, 2004

NewsWithViews.com

"Law, as I have come to know it, is the best reasoned argument. Sadly, the courts in America have only become a cash and carry business. I've been to many court proceedings, mostly my own, and from my observations, the courts should just put a cash register at the door and as you come in, give your name and they will just assess you a bill. Courts, no longer have anything to do with the law." Don Schwarz, citizen of Massachusetts on the condition of his state's court system.

"Courts no longer have anything to do with the law." What a profound statement and a state of affairs that the people must correct before these black robed judges completely destroy our freedoms and finish ripping the U.S. Constitution to shreds.

Millions and millions of Americans are fed up with the condition of America's court systems, both state and federal. The outrage over judicial activism grows louder as unconstitutional decisions continue to be issued from benches across the Union. What has been the response from our paid public servants in Congress regarding federal judges? Nothing but phony political rhetoric, silly hand wringing and more excuses like blame the other party.

These unconstitutional decisions in turn are used against citizens charged with alleged crimes, i.e. a federal circuit rules that the right to own and carry a gun isn't an individual right. Along comes Miss Jane Q. Public charged with carrying a hand gun for protection against two legged predators and a county or state government will use the prior unconstitutional decision to prosecute Miss Public even though she is exercising her Second Amendment right that no government or court can take away. The prosecutor will tell the jury that other 'Gods on the High Bench' have already ruled that Miss Public doesn't have this individual right and most juries will simply convict because they are instructed not to think.

One of the ten greatest failures of the U.S. Senate over the past 100 years has been the utter and complete dereliction of their duty to remove bad federal judges from the bench. Members of the Democrat and Republican parties have sat back on their corrupt backsides allowing gross injustices to be heaped upon Americans by activist judges and yet, the party faithful continue to run to the polls every six years to elect the same counterfeit senators who allow this travesty to continue for the sole purpose of making their "party" the majority. It truly is insane and it's killing this Republic.

Unless and until people are willing to recognize the enemy, they will never win the war. With the exception of Ron Paul, Congress is not your friend and neither is the federal bench. They have evolved into enemies of freedom. Federal judges today are twisting the law to sanction everything from immoral perversions to furthering the totalitarian agenda of the world masters who jerk the strings of the White House and the U.S. Congress.

Bringing judicial tyranny to a halt

Having said all that, what can the American people do about judicial tyranny destroying the rights of Americans and tearing apart the Constitution? At the state level, many remedies are available depending on how your state judges get to the bench, i.e. elected vs. appointed. The organization J.A.I.L., fondly referred to as "Jail for Judges," has been attempting to get a judicial accountability act passed in the states of the Union for almost a decade.

This effort deserves everyone's participation because of the impact it can have in curbing bad decisions from state and county judges. Naturally, the efforts of all the fine Americans involved with J.A.I.L. have been met with rock solid resistance from judges, the media and other special interest groups who no longer care about the law, only power. However, the real power still lies with the American people if they will just get off the dime and work towards a cure instead of more treatments.

Since the U.S. Senate refuses to do anything about removing arrogant, corrupt federal judges, it is up to the people to stop the insanity. There is one single weapon the American people have at their finger tips that few know little about, but that can stop judicial tyranny at both the county, state and federal levels: jury nullification. All over this nation, every day of the week, average Americans are selected for jury duty to decide the fate of their fellow citizen. They are instructed by judges, in collusion with unscrupulous prosecutors, to do what they're told. In other words, check their brain at the door and convict. Little do these individual jurors realize the power they have and they must find the courage to exercise it in the name of real justice.

Jury nullification costs nothing to learn about except some time. It's power is awesome.

 

Jury nullification occurs when a jury returns a verdict of "Not Guilty" even though they believe the defendant is guilty of the violation charged. In effect, the jury nullifies a law it believes is either immoral or wrongly applied to the defendant whose fate and freedom they are charged with deciding. According to the popular 'Jurors Handbook':

A Jury's Rights, Powers, and Duties:

"But does the jury's power to veto bad laws exist under our Constitution? It certainly does! At the time the Constitution was written, the definition of the term "jury" referred to a group of citizens empowered to judge both the law and the evidence in the case before it. Then, in the February term of 1794, the Supreme Court conducted a jury trial in the case of the State of Georgia vs. Brailsford (3 Dall 1). The instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." (emphasis added) "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy". /! FONT>

"So you see, in an American courtroom there are in a sense twelve judges in attendance, not just one. And they are there with the power to review the "law" as well as the "facts"! Actually, the "judge" is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.

"As recently as 1972, the U.S. Court of Appeals for the District of Columbia said that the jury has an " unreviewable and irreversible power... to acquit in disregard of the instructions on the law given by the trial judge.... (US vs Dougherty, 473 F 2d 1113, 1139 (1972)

"Or as this same truth was stated in a earlier decision by the United States Court of Appeals for the District of Maryland: "We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision." (US vs Moylan, 417 F 2d 1002, 1006 (1969)."

How to use this powerful tool

The answer is to educate tens of millions of Americans about their power as a juror. Whether they sit on a jury for someone accused of a crime under the income tax laws, an American exercising their God given right to carry a gun, an employer charged for refusing to withhold taxes from his employees paychecks, a farmer charged by the EPA for killing a bug on his farm, - you name it: if you're a juror sitting on a jury, you have the power to nullify and set the individual free. Tyranny gets checked at the door and if enough Americans begin to exercise this tremendous power, both at the county, state and federal level, prosecutors will stop prosecuting because they know they can't convict. Think about it.

How do you reach tens of millions of people? Not difficult. Add up the memberships of organizations like the NRA, GOA, The Heritage Foundation, Eagle Forum, Christian Coalition of American, the Southern Baptist Association, political parties, i.e. Constitution Party, organizations headed up by Patrick Buchanan, Dr. Alan Keyes, pro private property protection rights and the list goes on. You're talking tens of millions of members.

If all of these advocacy groups and organizations would just take the time to post a special section to their web sites on jury nullification (FIJA's web site is best) and mail out a one page flyer directing their memberships not on line to excellent publications, just think of the impact those tens of millions of Americans would have! Tens of millions of Americans who know they have the power to derail judicial tyranny whether it involves a defendant being charged with willful failure to file an income tax return to the beleaguered farmer being turned into a con over a dinosaur rat! Acquit!

If you belong to any group or organization in this country, please write, call or meet with their decision makers. Tell them that we the people still have the power to stop the destruction of our God given rights by using this powerful weapon called jury nullification. Tell the organization's leadership that it's their duty and obligation to make an all out, very public effort to educate their membership on jury nullification. Obtain some of the FIJA brochures and give them out to your friends, neighbors, family, business colleagues and customers. Put a stack of them on the counter at your business.

If Americans really want to have an impact, if they really want to stop these out of control judges, we can do it if everyone will just take the time to learn about jury nullification and spread the word across this country like a tidal wave. Continuing to elect the same do-nothing politicians or writing letters to a career politician will not and has not accomplished one single reform in this area. Stop doing what doesn't work and begin using the one tool that will work. You have the power.

© 2004 Devvy Kidd - All Rights Reserved

Sign Up For Free E-Mail Alerts

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Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty, which sold close to 2,000,000 copies. Has been a guest more than 1600 times on radio shows, ran for Congress twice and is a highly sought after public speaker. Devvy is a contributing writer for www.NewsWithViews.com Devvy's web site is: www.devvy.com; is sponsored by El Dorado Gold; e-mail is: devvyk@...

---

 

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

Grassroots Win Shootout In The West
June 30, 2004 by Phyllis Schlafly

Nevada just witnessed the political equivalent of Shootout at the OK
Corral. On one side was the full power of the Nevada government, and
on the other side was a grandmother armed with a pen, a petition and
a clipboard.

Janine Hansen is one of the leaders of a grassroots effort to require
public officials to obey the Nevada state constitution. Their petition
drive has struck fear in Nevada public officials seeking higher taxes.

Imagine that - forcing public officials to obey the constitution! In
1996, Nevada voters amended their constitution to require a
two-thirds vote of the legislature before a tax increase could become
law.

The legislators and the governor tried to ignore this requirement, and
the governor secretly obtained prior assurances from the Nevada
supreme court that it would give judicial blessing to the deal to
bypass the constitution.

Janine Hansen began gathering signatures on petitions to put the tax
issue on the ballot so voters could have the last word. She took her
effort to a large public bus station in downtown Reno known as the
CitiCenter.

Built with taxpayers' money, CitiCenter is open to all except,
apparently, those collecting signatures to hold government
accountable to voters. Despite a 2001 law mandating that the facility
allow petition drives for properly registered initiatives, the agency in
charge had other plans.

"High noon" occurred during rush hour on Thursday, May 6th. Janine
Hansen and her son were collecting signatures for a referendum to
overturn the tax increase, and CitiCenter managers set out to stop
her.

Less than two weeks earlier, officials had stopped the collection of
signatures for this referendum at a Department of Motor Vehicles
office in Reno while allowing petition gathering for a public school
initiative. The governor's office later admitted it was improper to
interfere with the tax referendum effort there.

But the Regional Transportation Commission, which runs CitiCenter,
was determined to stop Mrs. Hansen at the bus station. Officers
approached her and demanded that she cease and desist.

"They told us to stop gathering signatures," Mrs. Hansen said. "I told
them their policy was a violation of state law."

Nevada Secretary of State Dean Heller had issued a letter explaining
that petition signatures may be collected without notice at public
facilities in accordance with state law. Mrs. Hansen explained, "We
said we could, and weren't going to stop, so they arrested us. We
weren't going to follow some illegal edict by a petty bureaucrat."

Photographers snapped pictures of an armed policeman handcuffing
Mrs. Hansen's wrists behind her back. After all, if her hands were
free, she might have been able to gather more names on her petition.

Next came the ride to the local jail, where Mrs. Hansen and her son
were incarcerated with unsavory types in a community cell until one
o'clock a.m. Mrs. Hansen was sustained during this demoralizing
experience by knowing she was in the right.

The transportation center remained unapologetic, demanding the
power to arrest all those who gather signatures unless they fill out a
detailed government form, specify future dates for the petition activity,
and obtain prior approval from a bureaucrat.

The Las Vegas Review-Journal asked, "Why are these people being
harassed, and even jailed? ... You remember the Constitution, don't
you, officers? It's that faded old document that charges you with
protecting our liberties -- the reason citizens fund your paychecks."

The battleground then shifted to the courthouse. Finally on a level
playing field, the grandmother routed her more powerful opponents.

After hearing exhaustive testimony and working late into the night,
state district judge Kenneth C. Cory handed Mrs. Hansen total
victory. He enjoined the transportation center, the director of Motor
Vehicles and other public entities from "intimidating or preventing"
Mrs. Hansen and her associates "from the full enjoyment of their
constitutional rights to free speech and to obtain signatures of
individuals on initiative and referendum petitions."

Judge Cory also extended the deadline for collecting signatures to
qualify for the ballot. It now appears likely that the voters will be able
to repudiate the massive tax increase that was rammed through the
legislature.

A second referendum supported by Mrs. Hansen may also be put to
the voters. Recognizing the problem of legislators who are also
employed by state or local government, she seeks an independent
legislature free from government bias.

When government employees also serve in the legislature or other
elective office, that provides a powerful incentive to continue the cycle
of tax-and-spend. Thanks to the valiant efforts of Janine Hansen, it
looks like Nevadans will have the opportunity both to roll back a tax
increase and to improve their system of government.

Eagle Forum
www.eagleforum.org
PO Box 618
Alton, IL 62002

Phone: 618-462-5415
Fax: 618-462-8909
E-mail: eagle@...

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

 

 

 

 

 

 

 

 

 

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a wildfire! AddRemove@...
JAIL is making inroads into Congress for federal accountability!
E-Groups sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
Donate offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your wealth, and I will give you America"  - Ron Branson

 

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

 

----- Original Message -----

Whistle B. Currier:

For the past three years I have been active in informing the public about JAIL4JUDGES.ORG. Radio talk show every week and allot of demonstrations with my (Black Robe) and Big Sign or around my neck JAIL4JUDGES.ORG.

For the past two years I have been in the Parade dressed up my black robe, locked up in the JAIL4JUDGES.ORG Wagon.

My jury tampering case is all about the 1-800-tel-jury number, and in my case, I not only have the fox guarding the hen house, I have
the whole herd of foxes, and they're wearing black robes.

I believe Judge Kleinfeld was intimidated by the black robe and
JAIL4judges.org, and what Ron Branson, and this national group, are doing by exposing the on-going corruption in our courts. God bless him and his movement. I would hope FIJA.ORG can work hand and hand together to bring some common sense justice, instead of the on-going injustice by our local, state and federal courts.

 

Take Care,

Activist, Frank Turney

Alaska JIC