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

[tracysaboe]

Is this law ever used to prevent someone from handing their representative a flyer about their organization?

yes - you have no right to petition for redress of grievances in a collectively owned building not designated for that purpose.

If Dada was a mute should he be arrested for communicating via the written word?

you have no freedom of speech right in a collectively owned building not designated for that purpose - but you do wherever you have a common right of way...like on a sidewalk.

it would be interesting to test the case by wearing a t-shirt with information on it...

I suspect Dada will get arrested carrying a sign before wearing a t-shirt.

How does this make sense? What's the difference between a "collectively owned" building and a public sidewalk that is also "collectively owned?"

DOn't feed the troll.
TRacy

[FrankChodorov]

why did you delete my post?

[tracysaboe]

I didn't.

Tracy

[tracysaboe]

Any update on this?

Tracy

[Pat McCotter]

Any update on this?

Tracy

Date is 3/12 vice 3/13
http://forum.soulawakenings.com/index.php?topic=7397.msg130314#msg130314

[Transition Force]

Which silent protest are they fining you for?

[Dave Ridley]

the mid september protest inside nashua's irs office.

[Dave Ridley]

Why I'm refusing to pay a Federal fine
By Dave Ridley
1/18/07

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 12 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. 

Dave Ridley
NHfree.com

[Dave Ridley]

Some folks are wondering what they can do to help me in the context of my March 12 appearance in Federal court.   I have a list of suggested action items below, some of which you can do even if you're outside NH.  If you are willing to do one or two of them, that will make my minor act of civil disobedience all the more worthwhile.

As you probably already know, I am charged with "Distribution of Handbills" because I briefly entered a Nashua IRS office last year to petition the government for a redress of grievances.   I have also declined to pay the $125 fine Washington has levied against me as punishment for petitioning on "their" turf.  I've promised that I will never pay it unless perhaps they can demonstrate for me that they are Constitutionally authorized to levy it.

1) First, and maybe easiest, I hope some of you will consider just doing something on your own initiative to support this endeavor.  I have no idea what that would be.  All I care is that it's constructive and peaceful.

2) If you like, drop by our demonstration at 8:30 a.m., Monday March 12, 55 Pleasant Street, Concord NH.

3) Come to the trial itself two hours later, same day, same place....or continue outside if you like. 

4) Call folks you know who are in or near New Hampshire and invite them to the demonstration or trial.

5) Make a sign or two for it, or bring a flag.  I have some signs, and NH and Gadsden flags I can lend out or sell if need be.  But let me know in advance if you're wanting to buy one or I will not have enough with me.

6) As you may know, my original "crime" was an imitation of Russell Kanning's attempted distribution of flyers at the Keene IRS office.  It would mean a lot to me if one or more of you were willing to imitate him as I did.   This would remind our Federal rulers our movement is growing. It would deliver on my suggestion to Judge Muirhead that their continued attacks on people like us tend to generate more opposition. 

7) If you aren't in a position to commit "civil dis," consider setting your life on a course that will allow you to do so in the future.  This is what Mike Fisher and Russell Kanning inspired me to do. It may take a long time to prepare for that sort of thing, so if you ever want to do it the time to start preparing is now.

  Check out the latest article about this trial:
http://forum.soulawakenings.com/index.php?&topic=7495.0 

...and post it to other web forums.   Here's a list of forums where it might be appropriate:
http://forum.soulawakenings.com/index.php?&topic=2613.0

Leverage this minor sacrifice as an opportunity to spread the word about the Free State Project. 

9) Write a letter to the editor 
For those in-state here is a somewhat dated list of local newspapers that print LTEs:  http://www.freestateproject.org/about/essay_archive/BeTheMedia.php
But the short story on that is the best places to write LTEs appear to be the Keene Free Press, the Union Leader, the Keene Sentinel and Concord Monitor.  I've found all of the above to be good about printing LTEs.

10) Call Free Talk Live about it and update them: (800) 259-9231   7p-10p Eastern, Mon-Sat.  You can change the topic they are on, no problem.  Average hold time is 20 minutes, average actively-listening audience is perhaps around 200,000

11) Join some of the Ed Brown blogs/forums and keep them up to date on this:
http://questforfairtrialinconcordnh.blogspot.com/
http://www.edbrown.org
http://www.myspace.com/time2makeastand

I could also use someone to hold onto my cell phone as the morning unfolds and take incoming calls.
Other people may need someone to hold their cell phones as well, or other court-banned items while they are inside.
We'll need someone to stash our signs in one or more vehicles as we go in.
It would be great if someone who attends could submit an article to the Keene Free Press
If you want to contact other media folks and invite them along that would be great too.

That is all I can think of for now, but may have more ideas later.  as always I come back to the "do what you feel like doing" approach...sometimes the things you do on your own initiative are best, but if you were at a loss as to what I need...now at least you have some ideas.

Bear in mind the Feds could for all we know switch the court date, but we're planning to demonstrate regardless.

[Kat Kanning]

Would "I support the Browns" t-shirts be good?  Or save for another time?

[Tom Sawyer]

Dada Orwell
vs
IRS

Petition of
Grievances

NHFREE.com

[Kat Kanning]

Is this double jeopardy?  Trying you again for the same offense?

[Russell Kanning]

maybe I will stay on the outside and can grab the signs and stuff.
Should you hand them an additional grievance for dragging you into court?

[Dave Ridley]

Couple Sign ideas:

Obey
Tenth
Amendment
NHfree.com

Is it Right to work 4 IRS?
NHfree.com

Remember the lettering needs to be pretty big and thick or passing cars can't read it.

Best place to get materials is Staples

the i support the browns tshirts don't bother me since I have a sign that says that!
i think the demonstration will probably be a little multi messaged but we'll just let it say what it says.

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TAXES =
TERROR