*** Federal Appellate Judges Intimidated by JAIL4Judges ***
- J.A.I.L. News Journal
Los Angeles, California July 14, 2004
Federal Appellate JudgesIntimidated by JAIL4Judges(By Frank Turney, Alaska JIC, fturney@...)This is edited to correct slight clerical errors, and to remove the legalize typical of court filings. The below incident raises the question of whether the promotion of JAIL4Judges is a "crime." Some judges like to think so. This incident certainly establishes that judges, even appellate judges, are intimidated by the very existence of JAIL4Judges.It is obvious that J.A.I.L. is throwing fear into the judges of this nation by the prospects of drawing them into accountability directly to the People.Since the below incident took place some three years ago, JAIL4Judges was involved in a public demonstration on or about February, 2002, outside the Ninth Circuit Court of Appeals in Pasadena California along with the followers of AMOJ, in which the appellate judges came out personally and brought us a tray of goodies, and explained that they supported the First Amendment right to protest.-Ron Branson----- Original Message -----From: fturney@...To: victoryusa@...Sent: Monday, July 12, 2004 12:55 PMSubject: recusal of a judgeRE UNITED STATES COURT OF APPEALS, JUL 6, 2004
Federal Public Defender
for The District of Alaska,
Rich Curtner, Federal Public Defender
RE: Turney v. Pugh, No. 03 35165, scheduled for oral argument before Judges Hall, Kleinfeld and Wardlaw on July 9, 2004, 9:00 a.m.Dear Judge Kleinfeld,I am writing on behalf of my client, Frank Turney, in the above referenced matter. Mr. Turney is concerned that you have been assigned to serve on the panel that will decide his habeas corpus appeal, and he asks that you consider a recusal in his case.
Mr. Turney reports that he has had numerous contacts with you over the last ten years during the course of his political activities in Fairbanks. Mr. Turney has specifically mentioned an incident occurring two or three years ago on the Cushman Street Bridge. Mr. Turney was wearing a judge's
robe and holding a sign advertising "JAIL4judges.org"Mr. Turney reports that you had approached him on foot, and addressed him by name, and advised him that he could be jailed for this activity.
Mr. Turney reports replying that he was merely exercising his First Amendment rights. Following this exchange, you then crossed the street and continued on your way, according to Mr. Turney.
Mr. Turney believes that this incident reflects a predisposition regarding the legitimacy of his political expression and his appeal. He is also concerned that your general awareness and personal observations of his activities near the federal courthouse in Fairbanks may also inform and influence your views in this matter.Thank you for considering this request.Sincerely yours,Mary C G2, Assist. Federal DefenderAnd what was the result of this motion for recusal? It is as follows:ORDER
The panel has requested that this case be reassigned to another panel.
Accordingly, it is removed from the oral argument calendar for July 9, 2004.
FOR THE COURT
CATHY A. CATTERSON
CLERK OF COURT
By: Howard Hom,
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
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striking at the root." -- Henry David Thoreau <><