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** Two Basic Myths Being Spread About J.A.I.L. **

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  • victoryusa@jail4judges.org
    J.A.I.L. News Journal ______________________________________________________ Los Angeles, California November 7, 2005
    Message 1 of 1 , Nov 7, 2005
      J.A.I.L. News Journal
      Los Angeles, California                                          November 7, 2005
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      Two Basic Myths Being Spread About J.A.I.L.
      Tom Barnett Now Spreading Propaganda Over National Radio
      This morning, Monday November 7th, Tom Barnett, Executive Director of the South Dakota Bar Association, was a guest on the Al Franken Show of Air America, broadcasting over KTLK 1150 AM in Los Angeles and heard across the country.
      Al Franken is doing a program called "Fifty States in Fifty Days" and he announced that today's state is South Dakota where he laughingly said that they have a "crazy, crazy, crazy initiative in South Dakota regarding the judiciary, and we will be discussing it after the break."
      After the break, at about 9:45 a.m. Pacific time, Mr. Franken introduced his guest as none other than "Thomas Barnett, the Executive Director of the South Dakota Bar Association." He asked Mr. Barnett if he was speaking from South Dakota, and he said "No, I'm actually in Austin, Texas." Mr. Franken asked him "What are you doing down there?" to which Thomas Barnett responded that he was there campaigning against J.A.I.L.-- which immediately brought to mind the question of whether he is making a 
      speaking tour throughout the fifty states bashing the South Dakota J.A.I.L. Initiative. He apparently realizes that J.A.I.L. is a nationwide effort, and that South Dakota is just the first step in the J.A.I.L. campaign. So, possibly be on the lookout for Tom Barnett of the South Dakota State Bar appearing in your state peddling his propaganda about J.A.I.L.
      Mr. Barnett has not improved upon his propaganda message; he is still touting the same two myths about J.A.I.L. that he reported in several South Dakota newspapers, to which J.A.I.L.'s rebuttals were also published. But our rebuttals haven't fazed Mr. Barnett in the least. He didn't even attempt to offer some kind of reply to our rebuttal to his original tripe, but merely repeated it.
      In his first newspaper article, he titled it "Read Before You Sign," but what he wrote indicated clearly that he didn't read the initiative; or else, having read it, he deliberately misrepresented it to the people, thinking that the people wouldn't read it for themselves and would simply take his word for it. Being a lawyer, and Director of the S.D. Bar Association, there is no doubt that Mr. Barnett did read the J.A.I.L. Initiative, and read it very carefully-- not missing one dotted "i" or crossed "t".
      The nature of lawyers is to scrutinize any written document, looking for any flaws or arguable principles before speaking or acting on it. Lawyers generally check through a document to gain an understanding of it and to present evidence of the points he chooses to cover in exposing it. Even if he has a misunderstanding of what the document presents in writing, a lawyer generally starts from the wording of the document in any event.  There is no doubt that Mr. Barnett has practically memorized the South Dakota J.A.I.L. Initiative by now. Nevertheless, he continues to spread the following two myths about the Initiative:
      1. J.A.I.L. is about suing judges if you don't like their decisions.
      2. J.A.I.L. will allow convicted criminals to be released from prison to serve on the Special Grand Jury.
      Regarding Myth No. 1, J.A.I.L. has nothing to do with court decisions on the merits of a case. It deals only with procedural actions that violate constitutional requirements. If a decision is arrived at based on procedural violations that fail to comport with the 1787 Constitution and laws in pursuance thereof, it is null and void as repugnant to the Constitution. A decision in that instance is no more valid than the procedures used to derive it.
      Mr. Barnett used the illustration to Mr. Franken: "Suppose you were visiting Mount Rushmore and you were arrested, and at trial you were denied the use of hearsay evidence and was found guilty. You could then sue the judge because you didn't like his decision. After three times, it's three strikes and he's off the bench."  Mr. Franken responded "Sounds like it would interfere with the independence of the judiciary" to which Mr. Barnett agreed.
      In ¶2, the specific violations stated in the Initiative are:
      -- Any deliberate violation of law
      -- Fraud or conspiracy
      -- Intentional violation of due process of law
      -- Deliberate disregard of material facts
      -- Judicial acts without jurisdiction
      -- Blocking of a lawful conclusion of a case
      -- Any deliberate violation of the Constitutions of [the state] or the United States, notwithstanding Common Law or any other contrary statute.
      Regarding Myth No. 2, it is absurd on its face. ¶12 of the Initiative states, in pertinent part:  "Those not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious crime against persons." [Emphasis added]
      According to what the Initiative sets forth, "imprisonment" is another exclusion to Special Grand Jury eligibility. Therefore, unlike the propaganda of Mr. Barnett, no imprisoned inmates are qualified. I'm sure he knows that, but chooses to alarm the public with this absurdity, hoping the people won't read it for themselves.
      We were surprised that Al Franken didn't ask Mr. Barnett for a website where people could read the Initiative and get other information about J.A.I.L. We were even more surprised that he didn't give out a phone number for people to call in regarding this issue. Air America claims to be talk radio, and yet no opportunity for the public to discuss this issue was provided by the Al Franken Show.
      Ron went to the local studio of Air America, identified himself, and requested an opportunity to call in to the Al Franken Show to rebut Mr. Barnett's propaganda. Ron was given a phone number to call and the man (name given as "Dan") answering said that he was screening calls and didn't have time to take Ron's call, and HUNG UP ON HIM --three times!
      It is our understanding that Attorney Gary Zerman will attempt to call in tomorrow on the Al Franken Show. It remains to be seen whether J.A.I.L. will be given equal time to oppose the disinformation by Mr. Barnett.

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