July 31, 2006: Russell arrested

[earthhaven]

An action alert will be great. I would have called out of work and made my way up to concord but I just found out about this . We're behind you Russell!!!!!

[Dave Ridley]

I have some questions I'll need answered before I can even finish a news release:

Who was it that arrests russell...DHS?  How did they comport themselves?  Did they arrest him inside or outside ?  Did they tackle him without warning ?  Did he refuse to go with them is that why they tackled him?  Is tackle a good word for it?    Is it an exagerration to say they stormed the house?   How did they get in, if in fact they were inside?   How long will he be held, where is he being held, and on what charges?  Who are the best people to call and complain to? 

[Dave Ridley]

guys how old is russell?

[d_goddard]

I'm surprised nobody else posted about this. I have only a few moments, so this is just going to be random notes, but I'm sure others will have more details. Worst-case scenario, I'll type up something better later today or tomorrow when I can.
SHAME ON ME for not bringing a notebook and pen! Irena is on strict orders not to let me out of the house without a pad of paper and pen from this point forward, any time I am bound for a Court House or the State House! Kudos to ravelkinbow for bringing a pen & paper, she had to leave early, but at least she had proper notes.

I got to Concord District Court just after 2:00 PM EST.
About half a dozen pro-freedom people that I recognized were there, including of course Kat and Kira.
In the courtroom was the court secretary, judge, Prosecution, and (I think) 3 bailiff-type guys.
Russ didn't have is glasses on and was having to squint to see anything.

The Prosecution laid out the carges -- 5 of them, each with a maximum 30 day sentence and a medium-sized fine. The Judge told Russ the case could be heard any time in the next 30 days. Russ said he didn't care when they did it. He said that if they let him go, he would not return. After a little back and forth the judge asked if it was OK to do the hearing right now, and Russ said sure.

Note -- they were recording the first 20-30 minutes onto a laptop. The lattop ran into some kind of battery problem, so they held for about 5 minutes while they fetched cassette tapes as a secondary measure. The Judge said that the recording could be obtained for a small copying fee. Russ asked if he could put the recordings up on his website, the judge said once you buy them you can do anything you want with them. I'm happy to buy the recordings if someone has the equipment to copy them from cassette into MP3 and post them. PM me.

Government prosecutor was totally playing softball. He did not question Russell directly and stuck 100% to the "what, where, who, when" questions. Nothing leading, nothing harsh. Just the facts.

Two witnesses: First witness, Inspector Palmer. He went through the step-by-step events of July 27th. Second witness, ICE guy, name begins with a "Ther-" something, sorry, I didn't catch it. He also went through the events, from his perspective. Again, all focused on what time each even happened, who was with Russ, how was he dressed, what was he carrying, etc.

I would say both Palmer and the ICE guy seemed to like Russ. I know that will sound crass, since they did arrest him. But, for example, when the Gov't prosecutor asked what Russ was carrying, Palmer replied "a pitchfork", he got a grin and you could tell he was affected by the symbolism, the theater of it. Similarly, when the Fed ICE agent was aksed "if he had encountered Mr. Kanning prior to July 27th", he got a smile and said yes, that he'd met Russ when he was demonstrating on the 17th at the Browns' trial.

The Gov't prosecutor dropped one of the charges, the one about passing out pamphlets, because Russ hadn't actually given a pamphlet to anyone (nobody accepted them; then again, looks like he only tried to give them to plainclothes and uniformed cops anyway).

At each phase, the judge told Russ he could have a laywer if he wanted one, Russ declined. After each witness, the judge told Russ he had a constitutional right to question the witness. Russ asked Palmer if he'd quit his job, which was a nice touch. Didn't ask that of the ICE agent.

I got the impression that the basic issue was that there was expected to be a "disruption" of the business that day. Apparently if the flyers had been handed out outside, there would have been no foul, it was the handing them out inside that was the problem, on the notion that this was disruptive of the other people who were there.

The officers stated that they do monitor NHFree.com, and that they were prepared & had extra officers present on that day because they had read that there would be a disruption. They had copies of the letter that they'd downloaded, and also some pictures.

The witnesses (police/ICE agent) said that Russ was acting alone. They said they saw him talking to "the press". At one point the officer volunteered that the badge read "Keene Free Press". So, if you want to be at a CD event to observe, take pics, or whatever, I suggest you get a KFP press pass printed up and bring a camera.

At the end, the judge asked Russ when would be a good day for Russ to come in for the sentencing. Russ again basically said that he wouldn't come back on his own. The judge informed Russ that missing a trial date at this point would be a federal offence with a minimum 1-2 year (?) sentence. Russ basically said that he didn't agree with any part of the system, and asked wh the judge was being an aggressor here. That's about when the judge lost his cool, he was a bit emotional (all before he'd had a total stony pokerface on), and said that he (the judge) was the person who was standing between Russ and the enforcement of the State's Executive branch, that if he wanted to play games with the court, he could do so, but there would be ramifications, and that he was "informing, not threatening" that Russ would be back on the sentencing date.

At that point it went to the gov't prosecutor. That's when he formally dropped the "distributing pamphlets" charge. He said a few times that the charges against Russ were really very minor -- like, he hated what he was having to do -- but since Russ indicated he was a flight risk, that he had to recommend he be held without bail.\

Boom, there it was. Gavel, all rise, judge leaves, we shuffle out.

Afterward, Roger weas outside talking to the ICE agent. He was actually a nice guy. He said he has problems with the fact that Russ had to be prosecuted, he wished it had been a "standard protest" because then Russ could have avoided jail (he really did seem to prefer that Russ not be imprisoned), and he and his agents could have been going after "real Bad Guys that try to hurt people", instead of a nonviolent protester.
He also said they do indeed read the Forum, and he wishes like hell that he could post sometimes. Come on, we'd love to hear from you!! Anyway, he seemed sympathetic to the idea of bringing the US back to the Constitution, and he really just wished Russell had done a few small things differently. For example, at two points Russ physically pushed past the agents who were blocking his way (first up the stairs, then to the building), and that's when they "had" to arrest him, is what they said in court. Or so I gathered. Anyway, Roger asked him pointblank about what other nefarious agencies might be monitoring this site and what they'd do, and the ICE guy said that would be Intel, and his group doesn't work in Intel, they are just supposed to protect the Fed buildings & offices, and only get involved when there'll be a likelihood of damage.

Other random notes...
* Russ was folding a paper airplane for about half the hearing, till one of the bailiffs pointedly took it away from him.
* They arrested Russ inside the first time, and as he was trying to enter the second time (to answer Dada's post)

That's it for now.
I really do want that recording, please let me know if you have the tools to convert analog cassette to MP3.

[Kat Kanning]

Russell is 36.

I'm so proud of him.  He refused to cooperate, even under terrible duress.  He told them honestly he wouldn't show up at their court willingly.  They held the trial and he was convicted on 4 of the 5 charges.  The one not conviced on they basically dropped...it was the actual distributing a flyer one.  They dropped it because no one would take one from him.  The 4 charges convicted on:  each max sentence 30 days, $5000 fine + misc. extra little fines.  Since he said he wouldn't show up for the sentencing hearing, they're holding him until Sept. 6, when the hearing is supposed to happen.

He said he'd fast if put in jail, so I assume he's now starting a fast until Sept 6th.

He will be held in Strafford County Jail in Dover:  742-3310.

Russell willingly has taken the full brunt of the wrath of the state.  I sure love him.

[vanguardist]

Russell is 36.

I'm so proud of him.  He refused to cooperate, even under terrible duress.  He told them honestly he wouldn't show up at their court willingly.  They held the trial and he was convicted on 4 of the 5 charges.  The one not conviced on they basically dropped...it was the actual distributing a flyer one.  They dropped it because no one would take one from him.  The 4 charges convicted on:  each max sentence 30 days, $5000 fine + misc. extra little fines.  Since he said he wouldn't show up for the sentencing hearing, they're holding him until Sept. 6, when the hearing is supposed to happen.

He said he'd fast if put in jail, so I assume he's now starting a fast until Sept 6th.

He will be held in Strafford County Jail in Dover:  742-3310.

Russell willingly has taken the full brunt of the wrath of the state.  I sure love him.

All hail Russell! A hero and example.

[Pat K]

Wow holding him till sept 6 
I don't know what to say at this point, my best to you all.

[Revmar]

Amazing.  Russell is a hero.  Kat, is there anything those of us not in NH yet can do to help?

[slim]

Kat, has Russell been practicing fasting? and if there is anything us from outside NH can do to help please let us know.

Russell is a hero!!!!!!!!!!!!! I can only hope I have his resolve.

[Mrs. Concious]

Can Russell be visited in jail and if so when?

[Jitgos]

So all the charges were b/c he charged or pushed his way through the guys or was there something else?

Denis I'm PM'ing you about the recording stuff. I do it all the time.

Jeremy

[Dave Ridley]

Press release below is for distribution to local media, national version to follow.  Plz distribute as best you can.

----

Homeland Security nabs Keene resident from home
  Leafleting campaign triggers forced court appearance

From NHfree.com
Keene, New Hampshire
July 31, 6:45 P.M.

For the third time in the last four days, Keene resident Russell Kanning finds himself in Federal custody.  The 36-year-old libertarian activist isn't in trouble for selling drugs, threatening officials or endangering anyone.  Instead, he's the target of Federal wrath because he attempted to enter the Keene IRS office with?a piece of paper.

Last Thursday, after announcing his intentions publicly, Kanning appeared in front of Keene's IRS branch wearing overalls and a straw hat, clutching a pitchfork in one hand and a leaflet in the other.   His intent was to enter the IRS office - sans pitchfork - and hand the leaflet to any government employees working there.   

"I want them to quit their jobs," he said, referring to the one or two IRS agents who staff this part-time office on Keene's Main Street. His flyers contain a form which he is asking IRS agents to sign, pledging they will stop working for the agency because of what he considers the evil things it funds.  Kanning listed the Iraq occupation and arrest of Plainfield tax resister Ed Brown as events that drove him to action.

But Homeland Security agents, as well as some from Immigration and Customs Enforcement, stood ready to defend this tiny office from the dangerous flyer.  They told Kanning if he attempted to enter the office (situated above Keene's main postal facility) they would arrest him.  Kanning chatted with them briefly, then informed them he would not be able to comply with their orders and slowly moved forward toward the IRS section of the building.  Agents then gently cuffed him, transported him to Keene Police Department and released him.   

Kanning then immediately went back to the IRS office, got arrested again, released again, and vowed to return for a third visit at noon on August 3.  He also declined to appear in court.

So on Monday, July 31 around 10:30 a.m., Federal agent seized him again, this time inside his home, this time not so gently.

"They just came in and threw Russell to the ground and took him," says Kanning?s wife Kat Dillon in a hastily composed web forum message on NHfree.com.   

Dillon says Kanning was transported to the Federal Building in Concord and forced to appear in court at around 2 p.m.  But she says other than the initial roughhousing on the living room floor, agents have been fairly polite so far

"The guy who was in charge on Thursday came by...apparently just to chat with me," she writes from a friend's computer near the courthouse.  "He wanted to convince me that they weren't the bad guys."

However Dillon says she is angry that her husband could be arrested simply for trying to hand a leaflet to a public official on public property.

"In case it isn't clear," she writes, "the issue is that the federal government has gone bad...It's imperitive that good people refuse to cooperate with it."

Details, currently sketchy, are still coming in, and you can read them at
http://forum.soulawakenings.com/index.php?topic=4640.0

Copies of the Dangerous Leaflet are at
http://www.republicofnh.org/brochure.pdf

Photographs of today's arrest (7/31):
http://forum.soulawakenings.com/index.php?topic=4640.0

Photographs of the July 27 arrest are at
http://www.soulawakenings.com/underground/tikiwiki/tiki-browse_gallery.php?galleryId=74

Permission is granted to publish them at will.

Contacts:  Dave Ridley 603.721.1490,  Kat Dillon/Russell Kanning (better sources of info than me if freed and available)  603.357.2049

[yamnuska]

   This is all rather shocking. If the LEO's monitor this board then I have a few questions to ask.

       1.) Why do you enforce a law if you do not agree with it?
       2.) If every LEO in America decided not to enforce silly laws what could the government do? Fire all of them?
       3.) If cases such as Russells should not go to trial then why participate in them? Why not make a decision that going after people like Russell is a waste of time, especially when people are murdering others and assaulting others?
       4.) If every LEO stood up and said this is just getting ridiculous we are going to stop and instead focus on real criminals what could happen? As a LEO you have the choice of enforcing certain laws more so than others, you could have made an executive decision that wasting your time monitoring this board is not as important as solving a murder case or finding a rapist who is at large. As a LEO you are responsible for Russell being in jail, it is your fault, you decided to make Russell a bigger bad guy than a child perv or a murderer, congratulations, I hope you feel proud.


        If a LEO wants to post here they can, what is stopping them from using their home computer, a computer at the library or an internet cafe? Use a fake name and your all set.

[Dave Ridley]

Union Leader called me and interviewed me around 5:30PM.  I've sent them links to this thread and to the photos.

[Kat Kanning]

That's great dave, thanks.

I don't know about visiting yet.  I think the way it works is that if you fast, they lock you up in solitary and don't let anyone see you.

If you're in state or nearby, we'll be protesting outside the jail at some point...multiple times I'm sure.  You're welcome to join us.

Out of state, if you'd like to write letters to NH newspapers, that would be wonderful.   

In case it isn't clear, the issue is that the federal government has gone bad.  It tortures and kills innocent people.  It's imperitive that good people refuse to cooperate with it.  "All it takes for evil to flourish is for good men to do nothing."