Main thread for Ed and Elaine Brown vs the evil IRS, Part 25

[JosephSHaas]

joe is it possible for someone to file a friend of the court brief in support of dannys motions and position on issues? i know corporations and non profits do it all the time. can individuals? it would be nice for the judge to receive a bunch in support of danny?

Keith:  Danny showed me his #___-page Memorandum of Law, on Sunday, that I presume has been copied and is going out in today's mail to: (1) The N.H. Supreme Court, (2) his brother Bill for the http://danrileyld.blogspot.com , (3) and me, to re-copy #__ sets, since there are five judges there, and needing the original in the file, and so #__ in total, so that #__ law clerks each have a copy too to work from.  Donna Nadeau, the window clerk saying that the initial filing of the Art. 91 petition was O.K. for one set to be copied 8x I think it is by them, but that any further documents have to be supplied according to the rules like for anybody else, and so me to help get them there for distribution. He could have had the jail copy him eight sets, and add an additional postage of $_____ in not a #10 envelope, but in a 9x12-inch one, and so since I'm in Concord anyway, I did offer to save them the additional $expenses, and can verify that they actually have it and them.

-- Joe

P.S. When the Legislature takes questions to the Supremes by Art. 74, they usually print a public notice in the newspaper(s) inviting public opinion, that I've done in the past, and so might be O.K. for an Amicus Curiae/ Friend of the Court Brief, but that I think you've got to get permission from the judges first, otherwise, just to send to either party to use in their own Brief, that's usually due within 30 days (light blue cover) and another 30 days for the Opposition Brief (with red cover), and any Reply Brief (with gray color cover). So the entire process might take 30+30+15 days = 75 days to Feb. __, '08 before any decision.

[LordBaltimore]

Joe, did Danny mention when his psych evaluation is going to take place?

[keith in RI]

joe this is what im talking about:


Amicus Curiae

Definition:  Latin term meaning "friend of the court".  The name for a brief filed with the court by someone who is not a party to the case.

"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest."  William H. Rehnquist, The Supreme Court, page 89.

Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits. Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari.  Some friend of the court briefs provide valuable information about legal arguments, or how a case might affect people other than the parties to the case.  Some organizations file friend of the court briefs in an attempt to "lobby" the Supreme Court, obtain media attention, or impress members.

"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court.  An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored." Rule 37(1), Rules of the Supreme Court of the U.S.

"FRAP 29. BRIEF OF AN AMICUS CURIAE A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for a later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." Rule 29. Federal Rules of Appellate Procedure.


doesnt dannys filings affect all of us as citizens? dont i have an interest in seeing that he is fairly treated as a sovereign? im not a party to the suit. there are currently tons of friend of the court briefs pending for the parker vs dc gun ban case getting ready to go before the us supreme court. why cant we file for dannys sake? how would we?

the article says: Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari. so what would happen if 1000 of us filed in support of danny? is this possible?

[JosephSHaas]

...except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth....

Or: by an officer of the State, like a N.H. State Representative to the General court?  From what committee?  Maybe Rep. Lars T. Christiansen of Hudson*, on the State-Federal Relations Committee, with the help of former State Rep. Dick Marple of Hooksett, might like to present one on the jurisdiction angle?

* P.O. Box 171, Zip 03051-0171 Tel. 889-0481, Dist. 27
http://www.gencourt.state.nh.us/ns/billstatus/legdetails.asp?txten=376105

JSH

[JosephSHaas]

Joe, did Danny mention when his psych evaluation is going to take place?

I think you mean: Bill Miller? That was requested and the newspaper reported it, but that the judge didn't order it, but he landed up over there at the State Hospital anyway in Concord.

And so: no, if for Danny, is that some Order #___ in his file over at PACER? for what?  calling the judge Captain? 

JSH

[JosephSHaas]

Reference: two letters from Jason today, of 11/8 + 9, the last one in which he mentions:

"They offered me their excellent 30 year deal, but I'd rather go down fighting."

Sort of like what Randy Weaver said up at Ed's: of a fight to the death if need be, instead of having to live under their tyranny.

JSH

Modification: in reference to mail deliveries, Jason also wrote in his 11-9-07 letter to me that "Today 2 envelopes came in the mail for me.  One postmarked Oct. 30 and the other Nov. 7.  Odd right?  What's weirder is that I had to go to Booking to get them. -- The officer said that the Oct. 30 envelope was opened because an officer thought he felt a sharp object inside." When I saw Jason on Sunday, we talked about this 10/30 one with the Halloween card inside too, in the orange envelope, but that has been swiped by one of the C.O.'s, as in stolen: thief! because Jason never got it.  I sent two separate Halloween cards to Ed & Elaine before that, and unsigned ones to the Four Freedom Keepers, so that they could use to mail out to one of their friends or relatives of at least postmarked on Oct. 31st. - Joe

[JosephSHaas]

Thanks Kat.  I picked up the latest issue of The "Keene Free Press" at "Hannaford Brother's" today in Concord, for November 2007, and see on page 7 of 8 the re-type of "Letter from Ed Brown to Joe Haas", that I sent you the scans from the original 2-side letter, and that you sent a copy to Elaine she wrote me on 11/7 that I received in the mail last Friday, but is she talking about "Ed's letter was hand written"? or the typed version? her getting the newspaper right away?  She seems a bit confused by writing that "He could have had no access to a computer." When the fact is that I wrote it out on MY computer!

She also questions of HOW Ed could have written the Habeas Corpus "if he has been in isolation". And she asks for a copy, but that I've already sent her a copy, so some mail not getting through to her? Also "He said he has received no mail other than yours, but I know several people have written him" , but like they say: proof of mailing, is not proof of delivery.  It looks that they're keeping back certain letters from others to Ed too, as well has some of mine? so Ed & Elaine not getting the full picture here? So we need to visit them to verbally tell them what's going on.

Elaine also asks "Did you complete + mail the Habeas like he asked you?" Answer: yes, she should have gotten that information too, as reported about in my Reply #____ above on page #___ when I sent it in certified mail, with a copy by regular mail to the court too, plus the U.S. Attorney in Youngstown, Ohio, and then my call to the court there, with the woman telling me that she sent it back directly to Ed to re-file with the proper cover-sheet or whatever.

And get this: "we still do not have permission to write to each other." Permission!? for a husband and wife, to have to get approval to communicate in writing!?  Again I ask: what religion are these government goons practicing on our friends!?

JSH

[Kat Kanning]

I've written to both Ed and Elaine.  Got one reply from Elaine, but none from Ed.  So don't know how much of my mail is getting through.  I've also sent the KFP to all 6.  Jails tend to reject the paper at times, though.

[JosephSHaas]

I've written to both Ed and Elaine.  Got one reply from Elaine, but none from Ed.  So don't know how much of my mail is getting through.  I've also sent the KFP to all 6.  Jails tend to reject the paper at times, though.

They say when it is sent by the publisher, it's accepted.  Like to use your rubber stamp address in the return address section in the upper left corner of the front side of the envelope.

Jason told me on Sunday that they thought I was sending the entire http://www.weirs.com for "The Weirs Times" and so they rejected it, by what? confiscation? or put into his personals? Actually it was not the whole paper but only pieces thereof including the front page story and nice centerfold of the Red Sox Players, as a collector's item, so my guess is that one of the guards took it for his own collection of souvenirs. It seems that they're targeting him, but not Danny? I don't know about the others as they've never written on getting these "tear-sheets". I remember sending that hunting dog one too a few weeks ago. So I guess from now on only one article therefrom each current issue is the way to go.  I get them free at the supermarket.  Plus it cost me 30-cents extra for postage to send the last bunch with the extra newspaper clippings. None wrote back that they liked it so much that they might like a subscription, so that's all I'm going to do in this department. Ed & Elaine to get their "Reader's Digest".  Also I get free paperback books at the book cart at the State Hospital in Concord that's swamped with books from the over-storage at the State Library "Book Bag" and so try to take about a dozen westerns, and others to the Dover jail every trip as they advertise for on their website, as wanting Louie L'Amour westerns, finding just a few every now and then.  -- JSH

P.S. I presume that Reno and Bob have enough reading books in Concord? And Ed gets books from the book cart man he wrote about. It was Jason who, if you remember, wrote that he reads about 100 pages a day, re: that Lexington & Concord one, and so what? The guards punish him more by telling him to stare at the walls!? They do have two TV sets up high off the ground at Dover with headsets, and I see them in the pod through the visitor window, but only an in-the-shade basketball court, no stepping on soil like at the State Hospital baseball diamond, nor sunshine.  What type of crap is this!?  Whoever designed these places in the "new" jails in Dover and Boscawen did a "lousy" job, as far as I'm concerned, their brothers must be in the health field to take care of the inmates when they get rickets or scurvy from lack of vitamin-D from sunshine! or maybe in the undertaker/ funeral business! What a racket! Crooked bastards! And this is supposed to be a government of "We the People".  It's more like them against us. Them meaning a type of sub-human form of creature!

note: did whoever here with the extra FTF CD's ever send one to the Dover Jail? The plan was to have the guards view it before placing on the video list, to get the other inmates educated to this corruption.

[LordBaltimore]

Joe, did Danny mention when his psych evaluation is going to take place?

I think you mean: Bill Miller? That was requested and the newspaper reported it, but that the judge didn't order it, but he landed up over there at the State Hospital anyway in Concord.

And so: no, if for Danny, is that some Order #___ in his file over at PACER? for what?  calling the judge Captain? 

JSH

The judge read Danny's latest filings and ordered a psych evaluation.

ORDER REQUESTING POSITION ON COMPETENCY EXAMINATION
On October 26, 2007, the Court held a hearing on Defendant Daniel Riley's Attorney's Assented-To Motion to Withdraw and Defendant Riley's request to represent himself. As a result of Defendant Riley's responses to a number questions posed at the hearing and recent filings in his case (Docket Item No. 47), the Court is concerned that Defendant Riley may be suffering from a mental disease or defect rendering him mentally incompetent to stand trial. The Court is considering ordering that a competency examination be conducted of Defendant Riley. See 18 U.S.C. § 4241. Before ordering such examination, the Court would like the benefit of hearing the positions of the government and defense counsel on the issue whether an evaluation of Defendant Riley's competency is appropriate at this time. See Daniel Riley's letter dated October 29, 2007 (Docket Item No. 47). Accordingly, it is ORDERED that the government and defense counsel state their positions in writing to the Court on or before November 15, 2007.

George Z. Singal
Chief United States District Judge

Having read Danny's Filing #47, I can't really fault the judge.  Maybe Danny's defense plan is to look like he's crazy as a loon.

[coffeeseven]

Also I get free paperback books at the book cart at the State Hospital in Concord that's swamped with books from the over-storage at the State Library "Book Bag" and so try to take about a dozen westerns, and others to the Dover jail every trip as they advertise for on their website, as wanting Louie L'Amour westerns, finding just a few every now and then.

I see they also want yarn? Are they going to rehabilitate with knitting? Very Demolition Man.

note: did whoever here with the extra FTF CD's ever send one to the Dover Jail? The plan was to have the guards view it before placing on the video list, to get the other inmates educated to this corruption.

I just got them. I will send three copies to each inmate with a cover letter asking the guards to review for inclusion in the library and keep a couple for themselves to pass around.

[keith in RI]

note: did whoever here with the extra FTF CD's ever send one to the Dover Jail? The plan was to have the guards view it before placing on the video list, to get the other inmates educated to this corruption.



joe i have a bunch and am also sending them to the inmates with a letter to review for inclusion .... i think it would be good if a LOT of people do this........

[Kat Kanning]

Prisoners get to watch videos?

[keith in RI]

Prisoners get to watch videos?

in some prisons yes there is a list of approved. but thats not the point the point is to get the staff to watch the vids and hopefully build sympathy for them. coffee, me, my friend al, thats three sending copies to all six so far. i have two copies to each inmate already addressed and ready to go. how many more can we get sent? theyll have to watch it eventually how many can they throw away before curiosity kicks in?

[keith in RI]

Also "He said he has received no mail other than yours, but I know several people have written him" , but like they say: proof of mailing, is not proof of delivery.  It looks that they're keeping back certain letters from others to Ed too, as well has some of mine? so Ed & Elaine not getting the full picture here? So we need to visit them to verbally tell them what's going on.

i have sent ed letters and pictures and still have not heard from him. it has been about 2 weeks. yesterday i sent him and elaine packages with soduku books and crosswords. i wonder if hell get them. i wonder can we prosecute for theft if not? should we send everything certified mail? i feel like elaine isnt getting every letter of mine either. i can kinda tell by her letters to me. in some letters to her i have asked certain questions and never get a response but do from other letters. one time was 2 weeks between her letters then this week like 5 days.... hhmmmm i wonder. all questions ill ask when i see elaine in a couple weeks.