Dada in Federal Court 7/17 .... leads to 4 days in jail

[Spencer]

He is not (apparently) charged with disrupting business; he is apparently accused of unlawfully handing out flyers on public property.

But, to answer your question: it depends.  The federal courts aren't going to give much credence to that sort of argument, and there is no right to a jury trial in this type of prosecution in federal court.  However, it might be about time that the Supreme Court took a look at such adminstrative regulations that violate separation of powers, and I'd wager that Scalia and Thomas would love to grant cert.

[Michael Fisher]

I'm claiming that the "law" itself is not valid in that it was created by the executive branch via adminstrative "regulations."  The executive branch is supposed to enforce (execute) the laws, not create them.

As one who frequently enjoys quoting Justice Scalia, allow me to offer the following regarding the separation of powers, contained in his dissent in Morrison v. Olson, 487 U.S. 654, 697-699 (1988) (Scalia was the sole dissenter against the Court's decision upholding the constitutionality of the Independent Counsel Act):

That pesky Constitution will be dealt with in due time, I'm sure. You wouldn't want to limit anyone's power these days!

[Dave Ridley]

I didn't exactly rush to get this done but I have crafted a note for the DHS guys which I plan to send shortly.  Any suggestions before I mail it?  Actually i haven't even spell checked it yet...

------

     U.S. Constitution
     Amendment I [1791]

     Congress shall make no law respecting an establishment of religion, or
     prohibiting the free exercise thereof; or abridging the freedom of speech, or of
     the press; or the right of the people peaceably to assemble, and to petition the
     Government for a redress of grievances.


Dear Federal folks in New Hampshire:

Last month you sent one of your officers to cite me.  I stand accused of peaceably petitioning the government for a redress of grievances.   Specifically, you're unhappy that I entered the Nashua, N.H. IRS office in September and handed employees a flyer which asks: "Is it right to work for the Internal Robbery Squadron?"

I am told that I have two choices.  I may pay a $125 fine for exercising this Constitutionally-endorsed right of petition, or I may appeal to courts which have themselves proven less than eager to obey that Constitution.

With regard to the idea of paying a penalty, would that be right or honorable for me to do?   If a people can't petition agents of the government at their offices, where can they?  If I were to pay this tribute, would I not be endorsing your attempted nullification of Amendment I?

As far as appealing, is that any more right or honorable?   Would not taxpayers be forced to underwrite such an appeal process, without their consent?  Any taxpayer expense thus far in this matter has been ordered by you, not me.  Shouldn't I do all I can to keep it that way?

Is it right for Federal authorities to levy this fine?   Is it right for you the individual empoyee to play even the smallest role in helping others to levy it?  When you signed on, did you take an oath to uphold the Constitution?   If so, could that mean you have a responsibility to question your office's activities in this matter and others like it?

Do you feel comfortable attempting to punish harmless citizens for doing the right thing?  Your officer, surely a braver man than me, did not seem comfortable handing me the citation.   Maybe he takes founding documents more seriously than those of you who ordered him to do it.

What happened the last time you came after a New Hampshire citizen for trying to exercise the right of petition at an IRS outpost?  Did your August imprisonment of Russell Kanning harm or help his cause?  Did protests inside and outside your Keene office cease or intensify as a result of your actions against him?   

Would Russell have petitioned your Keene office if you had not overreacted in your handling of Plainfield tax resister Ed Brown?  Would I have petitioned your Nashua office if you had not overreacted in your handling of Russell?  Would there have been an article in the Keene Free Press about my Nashua visit, if IRS workers there had not overracted?  Would there have been two articles in the Union Leader about the same incident, and your efforts to cite me, if Homeland Security had not overreacted?   Would tens of thousands of people have heard our message, if the lot of you had ignored it or responded in a measured way, as state and local officials do when we demonstrate at their offices?

What's the most effective way to curtail demonstrations?   Does it involve hurting the petitioners?  Or is ignoring them more effective (assuming they do not cause disruption or harm)?   Is it possible that the most impressive way to get all these libertarian protesters out of your hair is to stop throwing your weight around so much in New Hampshire?

I look forward to the day when it is again possible to think of our Federal government as a protector and ally of New Hampshire citizens, instead of a wasteful, torture-enabling threat to our liberties.   I will work toward that day for as long as I have breath and do nothing that would push it further away.  I remain ever eager to interact with your agents and officials, that I may remind them:  so much of what they are doing is wrong, but there are still ways they can help make it right.

In the meantime, please: Lighten your heavy hand in New Hampshire, not necessarily toward me but toward her other peaceful citizens.  Do this, and - to paraphrase Yoda - "multiply, your allies will."

Respectfully,


Dave Ridley
NHfree.com

[Russell Kanning]

When you are done, we will have to stick it in the Keene Free Press.

I met a man today who thinks I was wrong in attacking the government by handing them notes. He thinks the government is evil, but that the IRS employees are just following the law. I think that our tactics are working.

[d_goddard]

This is excellent.
I suggest you chop it down to a few hundred words and submit it as an open letter/LTE to the Telegraph, Monitor, AND Union Leader.

[cathleeninnh]

I think I would leave out the Yoda quote.

Cathleen

[d_goddard]

I think I would leave out the Yoda quote.

Agreed.
Not because it's cute, but because (believe it or not) it may come off as threatening.

[Dreepa]

Wow and I was thinking I like the Yoda quote.  Anytime you can quote a small green humanoid one should.

Yoda
Gazoo
Kermit

[Dave Ridley]

I almost forgot to mention I did another microdemonstration, out on the right of way on Amherst st. in front of Nashua IRS.   This was around thursday the 5th I think.  Just me and my sign with the huge "IRS" and an X on top of it.  it has the NHfree.com url at the bottom. Did maybe 2 hours.  Got about 20 responses of one type or another not counting waves. around 17 favorable , 3 unfavorable.

I guess if they come down on me like a bag of bricks, the thing we can do next is bigger demos in the same area. 

If they come down on me like a bag of *automobiles* then I guess I would have to go back inside and get arrested

[Russell Kanning]

I like the simple anti-irs sign ..... not hard to understand.

[Dave Ridley]

i'm having trouble figuring out where to send this...all I can find is an email that goes to the national HQ.

The ice site does list a division which looks into complaints about officers handling a case altho obviously I don't have any major gripes about Schmitt himself.

[Spencer]

i'm having trouble figuring out where to send this...all I can find is an email that goes to the national HQ.

The ice site does list a division which looks into complaints about officers handling a case altho obviously I don't have any major gripes about Schmitt himself.

I've waded my way through the Department of Homeland Security's website and believe that the following contact info is correct:

ICE Federal Protective Service (FPS) Contacts
Region 1-Boston, Massachusetts
10 Causeway Street
Room 935
Boston, MA 02222
Phone: 617-565-5772
Area of Responsibility: Massachusetts, Vermont, New Hampshire, Maine, Rhode Island, and Connecticut

You may want to cc it to this guy, who is the Acting Director of the FPS.

[Russell Kanning]

all the fed offices don't want to be contacted .... try finding out who is in those fed buildings .... it is a chore.

[Dave Ridley]

Authorities have scheduled a court date related to my citation for handing out "handbills" at the Nashua, NH IRS office.  As most of you probably already know, I entered that office in mid September and did a silent demonstration in support of Russell Kanning.   This involved handing leaflets to IRS workers.

The date is currently set for 11/13 at Fed. Court in Concord

I am given the choice to pay a $125 fine, appear in court or face arrest.  I intend to appear in court.  It would be a great honor to me if a respectable number of you were to join me outside the building that day, to demonstrate against whatever you want to demonstrate against!  Hope to see you at:

9:00 a.m.
November 13
55 Pleasant St.
Concord, NH

My appearance inside is set for an hour and a half later.  Maybe after court we (or depending on how things go  just *you* guys - LOL) can do some more demonstrating and then get together for lunch.  Maybe we can eat at the same restaurant as our rulers. 

We should not worry too much about whether they change the date of the appearance.  If the change is far in advance then maybe we'll reschedule the protest.   If they make a last minute change we can still demonstrate just as happily.

For some background visit

http://www.keenefreepress.com/mambo/index.php?option=com_content&task=view&id=314&Itemid=36
http://www.keenefreepress.com/mambo/index.php?option=com_content&task=view&id=268&Itemid=36

If you'd like to discuss this, please head to:

http://forum.soulawakenings.com/index.php?topic=5464.0

[Dave Ridley]

Is anyone here in a position to make or order some t shirts on the fly?   I'm wanting one with a lot of fairly small lettering on the front that I think may be of use.