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

[Kat Kanning]

it's posted in all the post offices, I bet.

[LordBaltimore]

The docket for Ridley's case, in its entirety:

U.S. District Court
District of New Hampshire (Concord)
CRIMINAL DOCKET FOR CASE #: 1:07-mj-00022-JM-1

Case title: USA v. Ridley
Date Filed: 11/13/2006
Date Terminated: 12/08/2006

--------------------------------------------------------------------------------
Assigned to: Magistrate Judge James R. Muirhead

Defendant
David K. Ridley (1)
TERMINATED: 12/08/2006  represented by David K. Ridley
88 Sparrow St
Keene, NH 03431
721-1490
PRO SE

Pending Counts 
Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts 
Disposition
None

Highest Offense Level (Terminated)
None

Complaints 
Disposition
41 CFR 102-74.415(C)DISTRIBUTION OF HANDBILLS ON GOVERNMENT PROPERTY   Fine: $100.00; Special Assessment $25.00 Total due: $125.00

--------------------------------------------------------------------------------

Plaintiff
USA  represented by Donald A. Feith
US Attorney's Office (NH)
53 Pleasant St, 4th Flr
Concord, NH 03301-0001
603 225-1552
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark A. Irish
US Attorney's Office (NH)
53 Pleasant St, 4th Flr
Concord, NH 03301-0001
603 225-1552
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
11/13/2006 1 VIOLATION NOTICE (NH40 H5000901) as to David K. Ridley (1). (jgb, ) (Entered: 03/29/2007)
11/13/2006   Minute Entry for proceedings held before Judge James R. Muirhead : BENCH TRIAL - begun on 11/13/2006 as to David K. Ridley (1) Count Complaint. Witnesses Appearing: Margaret Post; David K. Ridley. Plea of Not Guilty entered by the court for the defendant; trial held; Defendant found guilty; Fine: $100.00 and Special Assessment $25.00; total due: $125.00. Defendant advised of appeal rights. (Tape #10:40) (Govt Atty: Donald Feith) (Defts Atty: pro se)(Total Hearing Time: :20) (jgb, ) (Entered: 03/29/2007)
11/13/2006 3 EXHIBIT LIST by USA as to David K. Ridley. Exhibit returned to Government 12/7/06. (jgb, ) (Entered: 03/29/2007)
12/08/2006 4 Redacted Petty Offense Docket; as to David K. Ridley (1), Fine: $100.00; Special Assessment $25.00 Total due: $125.00 So Ordered by Judge James R. Muirhead. (jgb, ) (Entered: 03/29/2007)
12/12/2006 8 ORDER as to David K. Ridley [7] Letter. Matter referred to US Attorney for his consideration/action. So Ordered by Judge James R. Muirhead. (jgb, ) (Entered: 03/29/2007)
01/12/2007 9 MOTION for Order to Show Cause re failure to pay fine and special assessment.by USA as to David K. Ridley (jgb, ) (Entered: 03/29/2007)
01/16/2007   ENDORSED ORDER granting 9 Motion for Order to Show Cause as to David K. Ridley (1). Text of Order: Motion granted. So Ordered by Judge Paul Barbadoro. Show Cause Hearing set for 3/12/2007 10:30 AM before Magistrate Judge James R. Muirhead. (jgb, ) (Entered: 03/29/2007)
03/12/2007   Minute Entry for proceedings held before Judge James R. Muirhead : SHOW CAUSE HEARING as to David K. Ridley held on 3/12/2007. Government to file a further motion. Further hearing to be scheduled. Defendant may file a financial affidavit for appointment of counsel if he decides to. (Tape #1:11) (Govt Atty: Arnold Huftalen) (Defts Atty: pro se)(Total Hearing Time: :11) (jgb, ) (Entered: 03/29/2007)
05/22/2007 10 FILED IN ERROR: see document #11; MOTION for Contempt - Failure to Pay Fine by USA as to David K. Ridley Follow up on Objection on 6/11/2007 (Irish, Mark) Modified on 5/23/2007 to add: "FILED IN ERROR, see document #11" (jgb). (Entered: 05/22/2007)
05/23/2007 11 Amended MOTION for Contempt - Failure to Pay Fine by USA as to David K. Ridley Follow up on Objection on 6/11/2007 (Irish, Mark) (Entered: 05/23/2007)
05/23/2007   Terminate Motions PUBLIC 10 MOTION for Contempt - Failure to Pay Fine filed by USA. (jgb) (Entered: 05/23/2007)
06/18/2007 12 ORDER TO SHOW CAUSE. Show Cause Hearing - Evidentiary/Trial set for 7/17/2007 10:00 AM before Magistrate Judge James R. Muirhead. So Ordered by Judge James R. Muirhead. (jgb) (Entered: 06/18/2007)
06/18/2007   Summons Issued as to David K. Ridley for Show Cause Hearing 7/17/07 10:00 AM (jgb) (Entered: 06/18/2007)
07/11/2007 13 Summons Returned Executed on 07/02/07 as to David K. Ridley. (kad) (Entered: 07/12/2007)
07/17/2007   Minute Entry for proceedings held before Judge James R. Muirhead : EVIDENTIARY HEARING as to David K. Ridley re: Amended MOTION for Contempt - Failure to Pay Fine held on 7/17/2007. Witnesses Appearing: Michael Therrien. (Court Reporter: D. Churas) (Govt Atty: Mark Irish) (Defts Atty: David Ridley)(Total Hearing Time: 15 min) (amm) (Entered: 07/17/2007)

[LordBaltimore]

The text of 41 CFR 102-74.415(c):

Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in § 102-71.20 of this chapter. However, any person or organization proposing to distribute materials in a public area under this section must first obtain a permit from the building manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.

[Kat Kanning]

thanks richardr, that's interesting.  Useful to have a fedguy on the forum, I guess.  on this:

07/11/2007 13 Summons Returned Executed on 07/02/07 as to David K. Ridley. (kad) (Entered: 07/12/2007)

is the (kad) the initials of the person receiving the summons?  cause I never gave them my name

[LordBaltimore]

The authority for this regulation comes from 40 U.S.C. 121:

TITLE 40. PUBLIC BUILDINGS, PROPERTY, AND WORKS  
SUBTITLE I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES  
CHAPTER 1. GENERAL  
SUBCHAPTER III. ADMINISTRATIVE AND GENERAL
§ 121.  Administrative
(c) Regulations by Administrator.
  (1) General authority. The Administrator may prescribe regulations to carry out this subtitle.
  (2) Required regulations and orders. The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator's functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations.

[LordBaltimore]

thanks richardr, that's interesting.  Useful to have a fedguy on the forum, I guess. 

I'm not a federal employee.  Never have been, never will be.  Repeating the false accusation over and over does not make it true.

[LordBaltimore]

is the (kad) the initials of the person receiving the summons?  cause I never gave them my name

That's likely the initials of the court clerk who put that entry into the docket.

Anyone can look up dockets on PACER, but before you sign up, be aware they charge 8 cents a page.

[Tom Sawyer]

I think the term is "Uncle Tom".

[Russell Kanning]

Local talk show host Dan Belforti has agreed to focus on Ridley's trial for his show this Friday.
The show "Right, Left, and Correct" runs from Noon till 1PM in the Seacoast area.
Show site: http://leftrightandcorrect.com/
Station: WCSA 106.1FM http://www.wscafm.org  ; live streams

Dan would like to put on the air any other Free-Staters that have been imprisoned for acts of Civ Dis.
Contact him at: dan (at) belforti.com

I can do that.

[KBCraig]

41 CFR 102-74.415(C)DISTRIBUTION OF HANDBILLS ON GOVERNMENT PROPERTY   Fine: $100.00; Special Assessment $25.00 Total due: $125.00

§102-74.415—What is the policy for posting and distributing materials?

All persons entering in or on Federal property are prohibited from—

(a) Distributing free samples of tobacco products in or around Federal buildings, as mandated by Section 636 of Public Law 104-52;

(b) Posting or affixing materials, such as pamphlets, handbills, or flyers, on bulletin boards or elsewhere on GSA-controlled property, except as authorized in 102-74.410, or when these displays are conducted as part of authorized Government activities; and

(c) Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in 102-71.20 of this chapter. However, any person or organization proposing to distribute materials in a public area under this section must first obtain a permit from the building manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.


The definition of "public areas" as supplied in 102.71.210:

"Public area" means any area of a building under the control and custody of GSA that is ordinarily open to members of the public, including lobbies, courtyards, auditoriums, meeting rooms, and other such areas not assigned to a lessee or occupant agency.


And while I can't find a fine schedule for the New Hampshire district, the fine for the Vermont district is only $40.

[d_goddard]

My LTE to the Keene Sentinel
[...]
Young men are being asked to fight overseas and die for "freedom", but what sort of freedom is this that jails a man for petitioning for redress of grievance? I don't recognize America anymore.

Damn fine wordsmithing. +1 to you, Caleb.


For the record (and Dave is well aware of this), I have my own opinions about how Dave's principled bravery could have been much more effectively used to strike down a piece of The Beast (as Reagan called it).

When I was a young lad, my father was a judo instructor. Judo literally translates to "gentle way" -- using an attacker's own momentum to bring him down. It is clear to me that it is orders of magnitude more effective to use the tools of the legal system against the legal system: indeed, it was intentionally set up to be used that way.

Dave is partially acknowledging validity, by voluntarily showing up to the hearings, and attempting to argue the Constitution to the judge. Seems to me that if you start playing by the rules, your best bet is to play a masterful game, not play a half-assed amateur one. You don't pitch softballs to a pro player and expect to strike him out. As such, it seems to me that Russel's approach of granting ZERO validity, and not playing the game at all, has more effectiveness.

That said, it's Dave's own ass that's sitting in jail, and not mine. While his tactics in this specific case leave ZERO chance that the unconstitutional statutes will be nullified, he can and is demonstrating a more poignant fundamental point, and that is "the gun in the room" -- the ultimately violent nature of all laws, no matter how ostensibly "inconsequential" the initial levied fine may be.

Get out of jail, free Dave Ridley.

[Kat Kanning]

The point is not to overturn stupid statutes about distribution of handbills, it was to draw attention to the fact that the IRS does evil things to fund evil government programs.

[Ogre]

Thanks so much for the details about the "law" that was broken.  They had to search deep to find that one, I'm sure.

Two things:
1.  There's literally no way to get rid of the "law."  It wasn't passed by a legislative body, so you cannot ask any representative at any level to get rid of the law.  I'm sure most people here realize that, but it's damn scary to me.  We have people making rules that send people to jail and they are literally completely unaccountable to voters in any way.  Once again, strong evidence that freedom will not be easily attained, even with voters and saying within the system.

2.  The way I read those laws, they only apply to people who physically enter the buliding.  So I can send as many damn letters that say exactly the same thing to them as I want.  And I shall.

[LordBaltimore]

1.  There's literally no way to get rid of the "law."  It wasn't passed by a legislative body, so you cannot ask any representative at any level to get rid of the law. 

Nonsense.  Congress can overwrite any regulation they don't like in a heartbeat.   They gave the authority to the agency to write the reg.  They can take that authority back any time they want.  I doubt you'll get much traction, though, in changing a law that effectively protects receptionists and low level front office staff from bearing the brunt of the anger that should have been aimed at their boss' boss' boss' boss.

2.  The way I read those laws, they only apply to people who physically enter the buliding.  So I can send as many damn letters that say exactly the same thing to them as I want.  And I shall.

Quite true.

[David]

The point is not to overturn stupid statutes about distribution of handbills, it was to draw attention to the fact that the IRS does evil things to fund evil government programs.

Agree.

Two things:
1.  There's literally no way to get rid of the "law."  It wasn't passed by a legislative body, so you cannot ask any representative at any level to get rid of the law.  I'm sure most people here realize that, but it's damn scary to me.  We have people making rules that send people to jail and they are literally completely unaccountable to voters in any way.  Once again, strong evidence that freedom will not be easily attained, even with voters and saying within the system.

In my opinion, the most effective thing to do, is to 'push back' the enforcers of the laws.  In this case that would be the federal protective service.  They can 'Arrest you or Ignore you'.  As routine, law enforcement ignores 'crimes' all the time.  They will likely never admit it, but they are very selective about what they decide to pursue.  If we can convince law enforcement to ignore us, then it does not matter what law is made, or weather the dems or gop is in office.  Dave attempted to do this exact thing.