Main thread for Ed and Elaine Brown vs the evil IRS, Part 21

[LordBaltimore]

Did anyone know anything about this young Jason guy? 

Why would anyone who is so vehemently anti-Bush, anti-Iraq, and so into the "911 Truther" stuff join the army?  (He was arrested at boot camp.)

[LordBaltimore]

How do you know that the .50s are Serbus?  Is it in the pdfs?  (I can't get them to open).
Are all 3 of the .50s Serbus?

All three are Serbus.  The info is scattered among the various Investigative Reports. Whoever posted these links didn't include an Investigative Report for Jason which is where additional info might be found.

Do you know the models of Rugers involved?  Do you know which dealer in Alstead made the sales? 

No additional info on the Rugers is listed.

It looks like the purchases were split between an unknown number of gun dealers in Alstead and one dealer in Newport.

The dates of the various rifle purchases were spread out:

1/21/07 - Jason - Bushmaster - Alstead
4/2/07 - Jason - M44 - Alstead
5/23/07 - Reno - Serbu - Stoneagle Firearms Newport
5/23/07 - Danny - Serbu - Stoneagle Firearms Newport
7/20/07 - Jason - 2 Rugers - Alstead
7/25/07 - Jason - Serbu - Alstead
7/31/07 - Jason - Ruger - Alstead

[armlaw]

I think the hearings for bail were at 2:00 on Monday.

At which time perhaps some of what follows could be put into a motion for cross action 18 USC 241 and 18 USC 242 ?...HmmmmmmmUS Attorneys > USAM > Title 7 > Civil Rights Resource Manual
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134 Sample Jury Instructions -- 18 U.S.C. § 242
GOVERNMENT'S PROPOSED INSTRUCTION NO. 13

SECTION 242


Counts Two through Nineteen charge individual defendants violating Section 242 of Title 18, United States Code. The relevant part of Section 242 reads as follows:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States . . . [shall be guilty of an offense against the United States].
________________________

Authorities:


18 U.S.C. ????


UNITED STATES' PROPOSED INSTRUCTION NO. 14

ELEMENTS -- SECTION 242


The Government must prove four, and in some counts, five, elements to establish the offenses charged in Counts Two through Nineteen:
First: The person upon whom the alleged acts were

committed must have been an inhabitant of a state, district or territory of the United States, here, the State of California.

Second: The defendant must have been acting under color of law.

Third: The conduct of the defendant must have deprivedthe victim of some right secured or protected by the Constitution of the United States.

Fourth: The defendant must have acted willfully, that is, with a specific intent to violate the protected constitutional right. Fifth:In only the counts where it is charged, that is, Counts Two, Three, Five, Seven, Eight, Nine, and Eleven through Fourteen, the offense must have resulted in bodily injury to the victim.

________________________

Authorities:


Screws v. United States, 325 U.S. 91 (1945)(elements of

18 U.S.C. ???? offense).


United States v. Senak, 477 F.2d 304, 306 (7th Cir. 1973),

cert. denied, 414 U.S. 856 (1973) (lists the elements).


UNITED STATES' PROPOSED INSTRUCTION NO. 15

ELEMENT ONE: INHABITANCY


The first element of this offense requires that the victim be an inhabitant of a state or territory, here California. A person is an inhabitant under for these purposes if he or she is present within California at the time of the offense. If you find that the victim referred to in the specific count was in fact physically present in California at the time of the incident charged in that count, then he or she was then an inhabitant of a state within the meaning of the statute.
________________________

Authorities:

United States v. Otherson, 637 F.2d 1276 (9th Cir. 1980), cert. denied, 454 U.S. 840 (1981)(a review of the legislative history reveals Congress intended to include all persons present in the United States within the protection of ????).


UNITED STATES' PROPOSED INSTRUCTION NO. 16

ELEMENT TWO: COLOR OF LAW


The second element requires color of law. As I have previously instructed you, the term "color of law" means that the defendant acted in his official capacity or else claimed to do so, even if he misused or abused his power by violating the law himself. In order to convict a defendant under any of Counts Two through Nineteen, you must find that at the time the offense was committed the defendant or defendants were acting or purporting to act in their official capacities as police officers.
______________

Authorities:


United States v. Classic, 313 U.S. 299, 326 (1941)(misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority

of state law, is action taken under color of law).


Screws v. United States, 325 U.S. 91, 107-11 (1945)(officers performing official duties, whether they misuse their lawful authority, act under color of law).


Williams v. United States, 341 U.S. 97, 99-100 (1951)(misuse of lawful authority can constitute action taken under color of law).


Monroe v. Pape, 365 U.S. 167, 183-187 (1961)("under color of

state law" includes misuse of power possessed by virtue of state law and made possible because the wrongdoer is clothed with the authority of state law).


Griffin v. Maryland, 378 U.S. 130 (1964)("If an individual is possessed of state authority and purports to act under that authority, his action is state action. It is irrelevant that he might have taken the same action had he acted in a purely private capacity or that the particular action which he took was not authorized by state law.").


UNITED STATES' PROPOSED INSTRUCTION NO. 17

ELEMENT THREE: PROTECTED RIGHT


The third element to be proved is that the conduct of the defendant or defendants must have deprived the victim of a right secured or protected by the Constitution or laws of the United States.

Different Constitutional rights are involved in different counts. In Counts Two, Five, Eight, Nine and Eleven through Fourteen the indictment charges certain defendants with using unreasonable and unnecessary force. I have previously instructed you that the Fourth Amendment guarantees to all of us the right to be secure in our persons against unreasonable seizures by means of the unjustified use of force by public officials.

Counts Four, Six, and Ten charge certain defendants with making or aiding and abetting false arrests. An individual's Fourteenth Amendment right not to be deprived of liberty without due process of law also includes the right to be free from arrest by a police officer unless the arresting officer has sufficient reason, known as probable cause, to believe that the person has committed, is committing, or is about to commit a crime.

Counts Three and Seven charge defendant BROUSSARD with willfully failing to prevent other officers in his presence and under his supervision from willfully assaulting people who were in official custody or detention. The Fourteenth Amendment right be free from the deprivation of liberty without due process of law includes the right to be kept free from harm while in official custody or detention. In other words, a police officer has a duty to ensure that persons who are within his control or in the custody of officers under his supervision are not unnecessarily assaulted by those officers.

Counts Eighteen and Nineteen charge defendant REESE with willfully giving false evidence in a state court proceeding. The Fourteenth Amendment's protection against the deprivation of liberty without due process of law also includes the right not to have police officers knowingly present false evidence in official proceedings. The state court hearing charged is such an official proceeding.

Counts Fifteen through Seventeen charge specific various defendants with stealing money from persons who were either under arrest or detention. The Fourteenth Amendment also protects every person from the deprivation of property without due process of law. Consequently, a police officer, while acting under the color of his authority, may not steal money from individuals with whom he comes in contact. The individual from whom money or other property is taken is entitled to certain processes, such as a hearing, before money belonging to him can be permanently taken away from him by a state authority such as a police officer.

I instruct you that all of these rights are rights secured and protected by the Constitution of the United States.

_________________________

Authorities:

Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865 (1989)

(claims that law enforcement officials have used excessive

force in the course of a "seizure" of a person are more

properly characterized as invoking Fourth Amendment

protection and must be judged by reference to Fourth

Amendment "reasonableness standard").


Tennessee v. Garner, 471 U.S. 1 (1985)(to determine whether a seizure is reasonable, the extent of the intrusion on the suspect's rights under the Fourth Amendment must be balanced against the governmental interest in law enforcement).


Gerstein v. Pugh, 420 U.S. 103, 111 (1975)(probable cause standard of arrest).


United States v. Price, 383 U.S. 787, 800 (1966)(statute precludes interference with all rights protected by Constitution or federal statutes).


Monroe v. Pape, 365 U.S. 167, 171 (1961)(§ 242 is satisfied by allegation of facts constituting a deprivation under color of law of a right guaranteed by the Fourteenth Amendment by state agencies).


Williams v. United States, 341 U.S. 97, 101 (1951) ("[w]here police take matters in their own hands, seize victims, beat and pound them until they confess, there cannot be the slightest doubt that the police have deprived the victim of a right under the Constitution.").


Screws v. United States, 325 U.S. 91, 98 (1945)(Trial jury must be instructed that the defendant had the purpose to deprive the victim of constitutional rights; factors the jury can consider are malice, weapons, character and duration of the assault, and provocation, if any).


Logan v. United States, 144 U.S. 263 (1892)(right to be secure from unauthorized violence while in official custody).


United States v. Walker, 785 F.2d 1237 (5th Cir. 1986) (intentional arrest of victim by police officer without probable cause violates 18 U.S.C. ????).


United States v. McKenzie, 768 F.2d 602 (5th Cir. 1985)(Police officer's failure to keep victim from harm while in official custody violates 18 U.S.C. ????).


United States v. Alonso, 740 F.2d 862 (11th Cir. 1984)(theft of money from victim by police officers violates victim's constitutional right to be free from the deprivation of property without due process of law.).


United States v. McQueeney, 674 F.2d 109 (1st Cir. 1982)(false arrest).


United States v. Harrison, 671 F.2d 1159 (8th Cir. 1982)(excessive force by police officer).


United States v. McClean, 528 F.2d 1250 (2d Cir. 1976)(theft of money from victim by police officers violates victim's constitutional right to be free from the deprivation of property without due process of law.).


Lynch v. United States, 189 F.2d 476 (5th Cir. 1951)(sheriff and deputy sheriff convicted of violating 18 U.S.C. ???? for willful failure to keep people in their custody or control free from harm).


Catlette v. United States, 132 F.2d 902 (4th Cir. 1943) (deputy sheriff convicted of violating 18 U.S.C. ???? for willful failure to keep people in his custody or control free from harm).


UNITED STATES' PROPOSED INSTRUCTION NO. 18

ELEMENT FOUR: WILLFULNESS


The fourth element is that the defendant must have acted willfully. I instruct you that an act is done willfully if it is done voluntarily and intentionally, and with the specific intent to do something the law forbids; that is, with an intent to violate a specific protected right. The specific intent which a defendant must possess be found guilty on a given count depends on which right that count charges has been violated.

For the eight counts in which various defendants are charged with intentionally using unreasonable force, the requisite specific intent is the intent to use more force than is necessary under the circumstances.

For the three counts charging false arrests, the requisite specific intent is the intent to arrest the victim without having probable cause to believe he or she committed a crime for which he or she was arrested.

For the two counts in which defendant REESE is charged with willfully causing false evidence to be presented in an official criminal proceeding, the requisite specific intent is the intent to give false evidence against the victim.

For two counts in which defendant BROUSSARD is charged with willful failure to keep a detainee from harm, the requisite specific intent is the intent to deliberately not take action to prevent an officer from assaulting the detainee.

For the three counts in which certain defendants are charged with stealing money from individuals who were under arrest or detention, the requisite specific intent is the intent to take and keep for the defendants' own use the money which was in the possession of the detainee.

With regard to specific intent, you are instructed that intent is a state of mind and can be proven by circumstantial evidence. Indeed, it can rarely be established by any other means. In determining whether this element of specific intent was satisfied, you may consider all the attendant circumstances of the case.

You may infer that a person ordinarily intends all the natural and probable consequences of an act knowingly done. In other words, you may in this case infer and find that a defendant intended all the consequences that a person, standing in like circumstances and possessing like knowledge, should have expected to result from his acts knowingly done.

As noted before, it is not necessary for you to find that the defendants were thinking in constitutional or legal terms at the time of the incidents, because a reckless disregard for a person's constitutional rights is evidence of a specific intent to deprive that person of those rights. You may find that a defendant acted with the requisite specific intent even if you find that he had no real familiarity with the Constitution or with the particular constitutional right involved, provided that you find that the defendant willfully and consciously did the act which deprived the victim of his or her constitutional rights. Nor does it matter that the defendant may have also been motivated by hatred, anger or revenge or some other emotion, provided that the intent which I have described to you is present.

If you find that the defendant knew what he was doing and that he intended the consequences of his act, and if you find that that result constituted a deprivation of a constitutional right, then you may conclude that the defendant acted with the specific intent to deprive the victim of that constitutional right.
________________________

Authorities:

Ninth Circuit Pattern Jury Instructions, No. 5.05


1 Devitt and Blackmar, Federal Jury Practice and Instructions (3rd ed. 1977), § 14.06 at 384 (to act willfully).


Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865 (1989)

(elements of the Constitutional violation in the context

of 42 U.S.C. ?).


Tennessee v. Garner, 471 U.S. 1 (1985)(elements of the Constitutional violation in the context of 42 U.S.C. ?).


Sandstrom v. Montana, 442 U.S. 510 (1979)(an inference that a person normally intends the consequences of his voluntary acts is permissible).


Screws v. United States, 325 U.S. 91, 106 (1945)("[t]he fact that the defendants may not have been thinking in constitutional terms is not material where their aim was not to enforce local law but to deprive a citizen of a right and that right was protected by the Constitution. When they so act they at least act in reckless disregard of constitutional prohibitions or guarantees.").


United States v. Ragsdale, 438 F.2d 21, 23-26 (5th Cir.),

cert. denied, 403 U.S. 919 (1971)(an instruction regarding ordinary consequences of voluntary acts is appropriate).


United States v. Stokes, 506 F.2d 771, 776-77 (5th Cir. 1975)(to act willfully is to act with the intent to deprive another of his constitutional rights).


United States v. Love, 767 F.2d 1052, 1059-60 (4th Cir.

1985), cert. denied, 474 U.S. 1081 (1986)(upheld instruction regarding inference that one normally intends the consequences of voluntary acts).


United States v. O'Dell, 462 F.2d 224, 232 n. 10 (6th Cir.

1972)(the defendants need not have known specifically that they were violating constitutional rights).


United States v. Gwaltney, 790 F.2d 1378, 1386 (9th Cir. 1986) ("it is not necessary for the Government to prove that the defendant was thinking in constitutional terms at the time of the incident, for a reckless disregard for a person's constitutional rights is evidence of specific intent to deprive that person of those rights.")


UNITED STATES' PROPOSED INSTRUCTION NO. 19

ELEMENT FIVE -- BODILY INJURY


In Counts Two, Three, Five, Seven through Nine, and Eleven through Fourteen the indictment charges that the offense resulted in bodily injury to the victim. In these counts only, the Government must also prove that the defendant's acts or failure to act resulted in bodily injury. The government need not prove that the defendant intended to cause bodily injury to the victims; the government need only prove that bodily injury resulted from the defendant's actions or inactions.

"Bodily injury" means (a) a cut, abrasion, bruise or disfigurement; or (b) physical pain; or (c) illness; or (d) impairment of the function of a bodily member, organ, or mental faculty; or (e) any other injury to the body, no matter how temporary.
____________________________

Authorities:

18 U.S.C. ???? (as amended effective November 18, 1988).

18 U.S.C. §????(f)(3), 1365(g)(4), 1515(a)(5), 1864(d)(2) (bodily injury defined for purposes of another Congressional provision).


United States v. Marler, 756 F.2d 206, 216 (1st Cir. 1985) (interpreting "death results" clause of 18 U.S.C. ????).


UNITED STATES' PROPOSED INSTRUCTION NO. 20

USE OF FORCE


For the eight counts charging use of excessive force, another factor which you may consider in your determination of whether the defendant had the requisite specific intent to deprive a victim of the right is the nature and degree of force used by the defendant.

A police officer may use the amount of force necessary to conduct an investigatory stop, make an arrest, or to defend himself or another from bodily harm. He may not, however, use more force than is reasonably necessary to accomplish those purposes.

If you find that the defendant used force in a given incident, you may then consider whether the force used by the defendant was necessary in the first place or was greater than the force that would appear reasonably necessary to an ordinary, reasonable, and prudent person. To determine whether the defendants used excessive force, you should consider all of the circumstances from the point of view of a reasonable officer on the scene of the charged incident.

However, provocation by mere insulting or threatening words will not excuse a physical assault by a law enforcement officer. Mere words, without more, do not constitute provocation or aggression on the part of the person saying those words. No law enforcement officer is entitled to use force against someone based on that person's verbal statements alone.

If you determine that the force used was unnecessary and excessive, then you may consider that as evidence that the defendant acted with the requisite specific intent, that is, that he specifically intended to do that which the law forbids.
________________________

Authorities:

See 2 Devitt and Blackmar, Federal Jury Practice and

Instructions (3d ed. 1977), § 41.19 at 23l (mere words, without more, do not constitute provocation of aggression).


See also Lewis v. City of New Orleans, 415 U.S. 130, 135

(1974) (Powell, J.) (concurring opinion) (law enforcement officers are reasonably expected to exercise a higher degree of restraint than the average citizen when confronted with verbal abuse).


Williams v. United States, 341 U.S. 97, 102 note (1951)(in determining whether the requisite willful intent is present, the jury may consider attendant circumstances such as malice, the weapon used, the character and duration of the assault, and the time and manner in which the assault took place).


Screws v. United States, 325 U.S. 91, 106 (1945)(intent may be inferred from all of the attendant circumstances).


Houston v. Hill, 482 U.S. 451, 462-63 (1987)


UNITED STATES' PROPOSED INSTRUCTION NO. 21

INTENT AND MOTIVE


Intent and motive should never be confused. motive is what prompts a person to act. intent refers only to the state of mind with which the acts are done.

Personal advancement and financial gain are two well recognized motives for some of human conduct. These laudable motives may prompt one person to voluntary acts of good and another to voluntary acts of crime.

Good motive alone is never a defense where the act done is a crime. The motive of any defendant is immaterial except insofar as evidence of motive may aid in the determination of state of mind or intent.
_________________

Authorities:


Devitt and Blackmar, Federal Jury Practice and Instructions, (3rd Ed. 1977), ?.11.


UNITED STATES' PROPOSED INSTRUCTION NO. 22

FALSE ARREST


As I have stated, Counts Four, Six, and Ten charge that arrests were made without probable cause.

The term "probable cause" is used to define the degree of knowledge an officer must have before he may arrest someone for committing a crime. Probable cause to arrest means facts and circumstances which would warrant a person of reasonable prudence and caution in believing that all of the elements of an offense have been committed by the person to be arrested. If an officer does not have this level of knowledge that a crime has been committed, then he may not make a lawful arrest.

In Count Two you must determine whether defendant Houston had probable cause to believe that Jackie Dailey had committed the crime of loitering on or about Oakland Housing Authority property.

In Count Six you must determine whether defendant Houston had probable cause to arrest Rosie Verduzco for resisting arrest.In Count Ten, you must determine whether defendant Broussard aided and abetted, as I will define that term, an arrest of David McClendon for possession of crack cocaine without probable cause to believe he had done so.
_______________

Authorities:


Michigan v. DeFillipo, 443 U.S. 31, 37 (1979).


Gerstein v. Pugh, 420 U.S. 103, 111 (1975).


United States v. Walker, 785 F.2d 1237, 1239 (5th Cir. 1986)


United States v. McQueeney, 674 F.2d 109, 114 (1st Cir. 1982).


United States v. Harrison, 671 F.2d 1159, 1162 (8th Cir.),

cert. denied, 459 U.S. 847 (1982).


GOVERNMENT'S PROPOSED INSTRUCTION NO. ___23___

AIDING AND ABETTING


In Count Ten defendant Broussard is charged with aiding and abetting an unlawful arrest of David McClendon for possession of cocaine without probable cause to believe he had committed that crime. Further, in any of Counts Two through Nineteen, a defendant may be found guilty of willfully depriving the constitutional rights of another while acting under color of law, even if the defendant personally did not commit the act or acts constituting the crime, but aided and abetted in its commission.Title 18, United States Code, Section 2 provides:


"Whoever commits an offense against the United States, or aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal."
"Whoever willfully causes an act to be done, which if directly performed by him or another would be an offense against the United States, is punishable as a principal."

To prove a defendant guilty of aiding and abetting, the government must prove beyond a reasonable doubt:

First: the deprivation of constitutional rights under color of law was committed;

Second: the defendant knowingly and intentionally aided, counseled, commanded, induced or procured another person to commit the deprivation of constitutional rights under color of law; and

Third: the defendant acted before the crime was completed.


It is not enough that the defendant merely associated with the principal person who committed the offense, or was present at the scene of the crime, or unknowingly or unintentionally did things that were helpful to the principal.

The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping the principal commit the deprivation of constitutional rights while under color of law.

The government is not required to prove precisely which defendant actually committed the crime and which defendant aided and abetted.

You may not find any defendant guilty unless you find beyond a reasonable doubt that every element of the offense as defined in these instructions was committed by some person or persons, and that the defendant willfully participated in its commission.

____________________

Authority:


Pattern Jury Instruction - 9th Cir. No. 5.01, p. 68 (modified)


Pattern Jury Instruction - 5th Cir. No. 1 Special Instructions (modified)


United States v. Vines, 580 F.2d 850, 853 (5th Cir.), cert. denied, 439 U.S. 991 (1978) (aiding and abetting instruction proper even where the indictment does not specifically charge the offense).


United States v. Avila-Macias, 577 F.2d 1384, 1390 nn 4 & 5 (9th Cir. 1978).


Feldstein v. United States, 429 F.2d 1092 (9th Cir.) cert. denied, 400 U.S. 920 (1970).


United States v. Jones, 425 F.2d 1048. 1057 (9th Cir.), cert. denied, 400 U.S. 823 (1970).


United States v. Lester, 363 F.2d 68, 72 (6th Cir.1966), cert. denied, 385 U.S. 1002 (1967).


GOVERNMENT'S PROPOSED INSTRUCTION NO. ___24___

"ON OR ABOUT" -- PROOF OF


You will note that the indictment charges that the offenses were committed "on or about" a certain date. The proof need not establish with certainty the exact date of each alleged offense. It is sufficient if the evidence establishes beyond a reasonable doubt that each offense was committed on a date or dates reasonably near the date or dates alleged.

Devitt and Blackmar, Federal Jury Practice and Procedures, Section 13.05 (Third Edition 1977) (as modified)





--------------------------------------------------------------------------------
October 1997  Civil Rights Resource Manual 134 

[frosty]

They have never bothered anyone their whole lives.

Hmm, I guess "never bothered anyone" doesn't include "assault and armed robbery" in 1960 (http://www.unionleader.com/article.aspx?headline=Dukakis+granted+pardon+to+Brown&articleId=17623949-78af-47a6-961c-5ec9ae6dd813)

But hey, never let facts get in the way of a good story...

[LordBaltimore]

Ed and Elaine have four grown children between them.  Are any of their family members supporting their stand?

[CNHT]

Ed and Elaine have four grown children between them.  Are any of their family members supporting their stand?

http://www.wmur.com/news/14118100/detail.html

[CNHT]

They have never bothered anyone their whole lives.

Hmm, I guess "never bothered anyone" doesn't include "assault and armed robbery" in 1960 (http://www.unionleader.com/article.aspx?headline=Dukakis+granted+pardon+to+Brown&articleId=17623949-78af-47a6-961c-5ec9ae6dd813)

But hey, never let facts get in the way of a good story...

OK that was 47 years ago. I'd never heard of it, frankly. Ed would have been in his 20s?

And the link had comments on it that I could not read because it had expired, but part of one comment started to say that most do not know the people they know as the Brown family.

I know that people who live 3 miles from them, older people, told me they have always been good neighbors and they feel they are good people.

[LordBaltimore]

I know that people who live 3 miles from them, older people, told me they have always been good neighbors and they feel they are good people.

And all of the neighbors have signed a petition asking the Browns to not hold concerts, and the Browns, of course, mocked that request on their radio show.

[CNHT]

I know that people who live 3 miles from them, older people, told me they have always been good neighbors and they feel they are good people.

And all of the neighbors have signed a petition asking the Browns to not hold concerts, and the Browns, of course, mocked that request on their radio show.

Well I doubt anyone that goes up there, even tho I don't know most of them, is interested in hurting the neighbors, the kids on the bus, or anyone else. I actually listened to the B's on a radio show today and Elaine said THEY were not threatening that others would do anything, but if others were, that was not come from THEM.

So, people cannot control their supporters. The supporters have to think of the harm they might be doing with their actions.

[LordBaltimore]

I actually listened to the B's on a radio show today and Elaine said THEY were not threatening that others would do anything, but if others were, that was not come from THEM.

I heard that too.  It was, of course, an outright lie.  Ed's been repeatedly calling on the followers to engage in revenge violence since mid January.  Now that people are getting in trouble for joining in on his plan, he's trying to distance himself from it.

Instead of repeating that same tired offer to "cut a check to the IRS today if they'd just show him the law", he should consider helping the supporters by cutting a check for their legal fees.

[JosephSHaas]

Hello Everyone,

I'm Danny's Brother.  I wanted to thank everyone for coming out and showing support for Danny at the Concord court house!  It means so much to Danny!

I have spoken with Danny via phone from the Dover jail and he is doing fine considering the circumstances.  The bail hearing is currently scheduled for Monday at 2pm and we will be traveling over to Concord for this.  I'm in the process of building Danny's legal defense team and we are currently discussing the possibility of setting up a legal defense fund so that we will be able to put together an effective team to fight these charges.

I will keep the community updated via this board as the legal effort proceeds.

Again, thank you all so very much for all your support!

best regards,
Bill Riley

Welcome Bill, and please include me in as a financial contributor to his legal defense team too, in addition to my volunteer work today that I can deliver a copy of to the Strafford County Superior Court in Dover on Monday morning when they open up at 8:00 o'clock a.m. if you'd like.  I do not want to be too assertive in the 2nd degree, but now report of what I did file this afternoon to the receptionist who was locking the door early at Robert Lynn's Office.

Here's a re-type:

"STATE OF NEW HAMPSHIRE  _________________ County Superior Court
Daniel Riley (by Joseph S. Haas) v. _________________, Superintendent

PETITION FOR A WRIT OF HABEAS CORPUS

--NOW COMES the Petitioner, Mr. Haas and files this Petition with Robert Lynn's Office, as Chief of the Superior Courts to please process this to the appropriate Superior Court in: __________, N.H. in accordance with the 'UNIFIED Court System' (emphasis ADDed) by finding out thru the reporting requirements officer(s) in each of the ten (10) counties withIN this state that you get a monthly sheet from under Rule #___ for WHERE this victim of federal aggression is being kept, so that a court hearing by Art. 91 can be held sometime on Monday morning, as spelled out in detail in my first draft on the internet page, copied and attached hereto to please incorporate this into this Petition.

--I met with the U.S. Marshal, Stephen R. Monier @ exactly 3:40 p.m. this afternoon in his office and that for security reasons he would NOT divulge the location of either defendant Riley, or Wolffe, whose wife is being contacted this weekend to file a seperate action with or without her federally appointed court attorney, or none at all.

Yours truly,  - - - - - - - - - - Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, 603: 848-6059 JosephSHaas at hotmail.com

Friday, September 14th, 2007 @ 4:21 o'clock p.m.

pc: The Office of Attorney General @ 4:02 p.m.

and Gov. John H. Lynch (Art. 41) @ 4:45 p.m."

note: the first draft is at the bottom of my Reply #5583 on page 373 above, that was posted at exactly 9:31 a.m. this morning. I have a photocopy of the Jan. 11, 2007 certificate that can be entered in as evidence.  Ed has the original with the gold seal that I gave to him back in January.  The cost for another one is only ten bucks, and can prove that the Feds have NOT filed any papers by RSA 123:1 in the meantime! thus proving they had and have NO jurisdiction!

[Jim Johnson]

Article published Sep 14, 2007
Loudon

   
Couple arrested on tax evasion charges 

By MARGOT SANGER-KATZ
Monitor staff


--------------------------------------------------------------------------------

Sep 14, 2007


A Loudon couple were arrested on Wednesday and charged with multiple counts of tax evasion, according to court documents and the U.S. Attorney's office.

According to their grand jury indictments, Deborah and Anthony Carder, of Loudon, reported to the IRS that they had earned no income in each of the tax years from 2000 to 2003, when they had earned more than $100,000 each of those years. The couple's total taxable income totaled $516,000 for those years, and they should have paid more than $116,000 in taxes, the U.S. attorney's office said.

Each Carder was charged with four counts of tax evasion and four counts of filing false federal income tax returns.

During the time of the alleged evasion, the Carders lived in Manchester and Campton, the U.S. Attorney said. Anthony Carder is 53 and Deborah Carder is 58.

They pleaded not guilty yesterday and were released until their trial. The Carders are scheduled for trial Nov. 6.

Margot Sanger-Katz This article is: 1 days old. 

[CNHT]

 

[JosephSHaas]

http://hosted.ap.org/dynamic/stories/T/TAX_EVADERS_RAID?SITE=FLTAM&SECTION=US

Thanks S.F.W.,

...
--*That might be better IF Reno (Cirino Ganzales) can assert his rights AGAINST extradition by presenting the evidence Ed has (and should have given a copy to all four defendants) of that certificate from Bill Gardner's Office of Secretary of State that the Feds are in violation of N.H. RSA Ch. 123:1 from 1-8-17 U.S. Constitution(*).  Hopefully the judge in the U.S. District Court in WHERE? "West of Corpus Christi" tomorrow(**) can ORDER that he will look into this procedural due process in NOT ordering that Reno be "extradited" that they like to call "removed" now, until AFTER the N.H. jurisdiction is proved in the Texas court and for Jason Gerhard in Missouri too, the "Show Me" state! And hopefully both Texas and Missouri in compliance with their statutes as over at http://www.constitution.org/juris/fjur/1fj-ba.htm so that they, also by the governor's office, as some states require his signature too,  can say to New Hampshire to get its act together BEFORE they send anybody into such an unlawful and illegal quagmire!

Yours truly, Joe H.

(**) 1.) "tomorrow" was yesterday now; how did Reno's extradition(***) hearing go? 

Plus 2.) I did read in one of the websites through one of the links here that Jason Gerhard in Missouri waived his extradition!?

- - Joe H.

(***) The Feds like to call these "removal" hearings.  Either way, the judge there ought to check out N.H.'s quagmire first before sending anybody here, UNTIL the Feds here comply with the law!  To do otherwise is hypocrisy!

[error]

Your right to remain silent applies even before you're arrested. Telling the government anything they might disagree with in the future is a very bad idea.