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

[error]

I still haven't heard from Dave though. If he's just not interested in having the fine paid, then why should we be passing around the hat?

[KBCraig]

I still haven't heard from Dave though. If he's just not interested in having the fine paid, then why should we be passing around the hat?

Just a token of appreciation, if nothing else. It's the "donationware" model of political action.

[Russell Kanning]

he has not said either way

[Dave Ridley]

if someone is eager to underwrite my activities, that is a real honor and I am sure not going to stop them!  However I am not saying that I would or would not use donations to pay fines.

[Kat Kanning]

Photos from John  :cowboy2::

[Recumbent ReCycler]

Today after the Brown trial was done for the day, I was upstairs chatting with DadaOrwell when Officer Therrien and another officer walked up and Officer Therien tried to hand a folded paper to DadaOrwell.  Since DadaOrwell didn't put out his hand and take it, Officer Therrien placed it on his lap.  Officer Therrien told him that it was a summons for not paying his $125 fine for "distributing handbills" (giving petitions for redress of grievances to federal employees).  DadaOrwell tried to explain to the officers that what they were participating in was unconstitutional, violating both the 1st and 10th amendments.  He asked them how they felt about the fact that they were violating their oaths of office.  The officers implied that they had no idea what he was talking about.  DadaOrwell cited the 10th amendment and explained how it applied to the case.  One of the officers tried to make an analogy between DadaOrwell's silent protest and someone running into a building and yelling "fire!".  They obviously didn't want to argue about the law, and left.  The summons stated that DadaOrwell didn't pay his fine, wrote a letter to the judge stating that he wouldn't pay the fine, and that his new trial will be in March.

[lordmetroid]

He should have filed a lawsuit for fraud(against him through the oath) against the officers and the one that ordered the summon.

[d_goddard]

He should have filed a lawsuit for fraud(against him through the oath) against the officers and the one that ordered the summon.

That would go over like a led zeppelin

[John]

I may be mistaken here but, I'm thinking:
This would be the same fed ICEman whom Dave politly greeted and had a conversation with on the steps of the fedcourt in the morning.  The ICEman acted all nice and friendly but didn't seem to even understand Dave not giving him a yes-or-no answer to his question as to weather Dave had ever payed that fine.  I became a bit distracted at the moment, but ICEman was telling Dave how he (ICEman) had traveled all over and ... bla, bla, bla ... ain't we the balls haveing been brainwashed that we are sooo free.

Anyway, I later was relating the story to someone at work about that interaction, and how (some of) the fedthugs (sometimes) act all nice, but would probably look forward to busting your skull if they were given the chance ...

[John]

Oh.  So it looks like we all could have yet another opertunity, in March, to let the (awakening) general public know what "their" fedgov is doing here in NH.

[Dave Ridley]

Thanks Tim, I really appreciate this account.

Here's a mostly pre-written note that I prepared last month for publication in the event our rulers decided to push this issue.  As you can see, I was keeping my defiance secret from everyone except judge Muirhead himself, in hopes of leaving him a graceful line of retreat which would not cause him to lose face.  Now that he and his have chosen a different course, it is appropriate to tell the whole story.

---

Last year, as you may recall from previous KFP articles, I went on trial before a Federal magistrate in Concord...charged with an interesting "crime."

In September I had entered a local IRS office and performed a "silent demonstration."

I held a sign and handed flyers to IRS workers, both respectfully questioning the morality of working for an institution which funds waste and torture.  The flyers were, in the purest sense, petitions for a redress of grievances.

I left the office (slowly) after being ordered to.  But subsequently Homeland Security officers came looking for me and issued me a sort of Federal traffic ticket.  It charged me, essentially, with...petitioning the government for a redress of grievances!  Specifically the charge was "Distribution of Handbills."

When I did not immediately pay the $125 fine, officials summoned me to court on November 13, judged me guilty and ordered me to pay up or file an appeal.

Subsequently I took a course of action which, until now, has remained essentially secret.   In fact, the only person I informed of it was Judge Muirhead himself....the Federal Magistrate who had pronounced guilt and ordered me to pay.    On December 6 I composed him a private note.

Until now, I did not consider it honest or appropriate to broadcast the letter's contents.   As we shall see, subsequent Federal actions have intervened, causing their publication to become both honorable and necessary.    Here is the (formerly) secret note.

-----

"I knew someone had to take the first step, and I made up my mind not to move."
- Rosa Parks


                     Dec. 6, 2006                  

Judge James R. Muirhead
U.S. District Court
Concord, NH

Dear Judge Muirhead:

I wanted to let you know I enjoyed exchanging philosophies with you Nov. 13 during "United States of America vs. David K. Ridley."  I did appreciate the polite and professional demeanor you and nearly all the personnel of the court displayed.   

I will admit your actions, though not surprising, saddened me and were probably twice as unconstitutional as I was able to represent them.  It is wrong to fine anyone for merely handing a list of grievances to a government officer.  But I was glad to leave court thinking of you as an opponent rather than a malicious enemy.  Gandhi showed us how important it is to oppose bad institutions and actions, without being against individuals.   

I've avoided making many representations regarding what I would or wouldn't do in relation to this case...however you may be aware that the promises I've made, I've kept.  I told your citing officer I'd meet him at a specific time and place.   I kept this promise, to the minute.   I later pledged I would attend your hearing and kept that promise as well, arriving at your opulent building rather early and answering honestly your prosecutor's questions, perhaps to my own detriment. 

Now I have another representation to make, to which I will remain true regardless of how much your institution tries to hurt me.

I can not in good conscience pay this fine.

Unless you can show me *something* in the Constitution that at least vaguely authorizes your government to levy it, I will never pay it.  Doing so would be wrong; it would directly underwrite Federal violations of the First and Tenth Amendments.  Appealing also strikes me as inappropriate, for other reasons.

Despite the lighthearted approach, I realize this respectful disobedience could mean humiliation, imprisonment, confiscation of my possessions...maybe even an outside chance of death itself.   There was a guy last month who died in jail because he didn't have car insurance. 

But this is what I'm willing to sacrifice over a small fine, related to a right I only occasionally exercise.   Perhaps when Washington begins to inflict more vexatious ills upon citizens of New Hampshire (good folks like Ed Brown and Russell Kanning, for instance) it will be appropriate to take greater risks, as the Mahatma did.   

It seems most fair to you that I be candid with you regarding this minor act of noncooperation, but not necessarily with the public.  Having kept thousands of people up-to-date on this case, I suppose I could always inspire a couple of them to civil disobedience of their own by announcing mine.  Perhaps at some point, robbed, threatened or driven to desperation by such torments as you may loose upon me, I will feel the need to do so.  If you are hell-bent on turning me into the next Russell Kanning, I won't in good conscience be able to stop you.

But for now, I just want to be able to look at the mirror without guilt.  For now, this act of refusal is my proud secret. 

It is sufficient reward that *you* know what I and other Free Staters are prepared to sacrifice...for a document not one in three of us ever swore to uphold, and fewer still would have voted to ratify had it come before us in 1788.

Yours with best wishes,


Dave Ridley
NHfree.com


-----

I hoped this correspondence would provide our Federal rulers with some maneuvering room, a graceful exit from this situation.  They could, if they wished, merely do nothing.   If it were a loss on their part, no one would know it had happened.  The mass of their small problem would go away with no loss of face on their part, no public defiance, but no payment of the fine.

Since composing the note, I've told no one of its contents or existence and, to a much greater extent than promised, kept secret this act of noncooperation.

Initially not much happened.  I got a quick note back from Judge Muirhead simply informing me he'd received the note and passed it on to the prosecutor.    Then, on January 16 I was at U.S. District Court to support the Browns.  I ran into Federal Protective Services big wig Therian while demonstrating and introduced myself.

He said he knew who I was.   We had a cordial give and take about various liberty-related issues.  Then he asked me if I had paid my $125 fine.  I gave him the same answer I have been giving all of you:

"Maybe."

He became stern and, while remaining professional, threatened me with potential arrest in the form of a bench warrant.  He said "Maybe I already know whether you've paid the fine."

Later during a recess, while Tim and I were the only activists remaining in the building, he approached me with another officer and said "we have something for you."  The second officer handed me a note, which as usual I didn't reach out and take.  So he put it in my lap.   It is a summons to appear in court at 10:30 a.m. March 13 and face, again, charges of petitioning the government for a redress of grievances.

Now that the Federals have "robbed, threatened or driven to desperation," (in this case just threatened) I consider myself relieved of the provisional promises I made to keep this defiance secret.   They have certainly solved a problem for me.  I now place these matters before you for your consideration and intend to at least briefly visit the federal building again today in continued support of Ed, House hearings and fate permitting.

[error]

Obviously it isn't just the appeals court that's bored and doing nothing.

[slim]

I like the idea you had of letting the judge just forget about the fine. Gives them the choice of going after you or not and it does not back them in to a corner. I guess the judge thinks he is above every other person because he wears a funny robe in public. Dada I think that no one can complain about how you handled this interaction with the feds.

[error]

The feds could complain about it. After all, Dave didn't bow and scrape at their feet, which is all they really want.

[John]

Then, on January 16 I was at U.S. District Court to support the Browns.  I ran into Federal Protective Services big wig Therian while demonstrating and introduced myself.

He said he knew who I was.   We had a cordial give and take about various liberty-related issues.  Then he asked me if I had paid my $125 fine.  I gave him the same answer I have been giving all of you:

"Maybe."

He became stern and, while remaining professional, threatened me with potential arrest in the form of a bench warrant.  He said "Maybe I already know whether you've paid the fine."

That is what I saw and heard.  



In this: "Maybe I already know whether you've paid the fine." I found what came across to me as an INABILITY on ICEman's part to remain civil - i.e. he was willing wanting to use violence.  It was said with a slight - and dangerous - smile/grin.  I knew what it meant.