It would appear that a judge in Orlando, Florida, Belvin Perry, Jr. , likes his juries not to know that they have the option to nullify the law. He has put out an administrative order "GOVERNING EXPRESSIVE CONDUCT TOWARD SUMMONED JURORS". The order may be read in its entirety here.
Fully Informed Jury Association (FIJA) activists have been tireless in their efforts to educate Florida juries of their power to nullify the law if they disagree with it or its application. Otherwise juries would be reduced to mere rubber stamps with the government able to convict anyone of anything they choose to make illegal. This is an established principle of law.
The judge is claiming that FIJA activists are trying "to influence summoned jurors as they enter the courthouse" by handing them brochures. (Actually, the brochures are handed out to all who enter or leave the courthouse.) The brochures don’t tell jurors how to vote on specific cases they merely inform them of one of their options. Sadly, the judge’s view is that "Such occurrences severely impact the court’s ability to conduct the efficient, prompt, and proper administration of justice…". Therefore, stopping the FIJA activists’ exercise of free speech "…is necessary to serve the State’s compelling interest in protecting the integrity of the jury system…". With this Orwellian statement judge Perry has given himself away. What could possibly be more conducive to "…protecting the integrity of the jury system…" than informing juries of one of their powers? Does the judge not want to see the jury system working as it should, as a check on tyrannical government? It would seem not, otherwise he would welcome the FIJA activists educational efforts at his court. Obviously, the judge likes his juries obedient and easily manipulated.
The national leadership is calling on all Florida FIJA activists to stop their outreach efforts until this repressive administrative order is set aside. (The full FIJA response to this outrage can be read here.) This is a sad time for liberty and one that activists of all political persuasions must take note of. There are many demonstrations at courthouses across the USA, especially anti war ones. If they can shut down the FIJA activists they can shut down all activists. We all need to stand together to restore free speech at the Florida courthouses before it is too late.
The federal government is charging FIJA activist Julian Heicklen with jury tampering. Professor Heicklen is a long time activist and leader in educating juries. He has been harassed and arrested many times for handing out FIJA literature at federal courthouses, especially the one at 500 Pearl Street in New York City where he has to appear for a hearing on January 24, 2011. The video uses a call this author made to a radio talk show in addition to much footage of Julian Heicklen in action:
The US government really wants Wikileaks founder Julian Assange. They’re mad at him for releasing video of the military’s murder of civilians in Iraq and more recently a list of sensitive diplomatic cables too long to get into here. A grand jury has been empaneled in Alexandria, VA to consider criminal charges against Assange. He may never be extradited to the US for trial, but what if he is?
He has many supporters here in the peace community. This includes the Fully Informed Jury Association (FIJA ) activists who started a campaign, Julian Assange's Fully Informed Jury, at the website The Point. The campaign’s objective is "If Julian Assange is extradited to the United States, I will do my best to fully inform his jury." Inform them of what you may ask? Of the right of the jury to nullify the law regardless of the facts of a case. From FIJA’s website:
The FIJA mission is to educate Americans regarding their full powers as jurors, including their ability to rely on personal conscience, to judge the merit of the law and its application, and to nullify bad law, when necessary for justice, by finding for the defendant.
Given that we live in an age when it has been said that "A good prosecutor could get a grand jury to indict a ham sandwich." It is sadly very likely that indictments will follow. If this is the case jury nullification may be these activists only salvation.
The prospect of not being able to convict opponents of its tyranny must be terrifying to the government. There is no better way to stop FIJA activists from educating jurors and, therefore, keeping dissidents free than to start charging them with felonies for their activism. This may be why they are now charging FIJA activist Julian Heicklen with jury tampering. Professor Heicklen is a long time activist and leader in educating juries. He has been harassed and arrested many times for handing out FIJA literature at federal courthouses, especially the one at 500 Pearl Street in New York City where he has to appear for a hearing on January 24, 2011.
According to Professor Heicklen’s website the summons he received was short on details as to when and where he committed the alleged tampering:
…the summons does not include any deposition from the accuser, so that I do not know the specific incident that is involved. The summons states that there is only one charge, but gives no particulars, including a date, time, location of the incident, names & dates of jurors tampered, & how tampered.
Having been to several of these FIJA outreach events with Julian Heicklen myself I’m quite suspicious of these charges. Not once have I seen him tell a juror how to vote on a case. He merely hands out fliers to all passersby. His prosecution can be seen as nothing more than an attempt to squash our efforts to educate juries on how they can check tyranny with jury nullification. No doubt the government will be most upset if they try Assange or the anti war activists only to have them set free by a jury bent on justice. To make sure that happens we have to make sure that first Julian Heicklen is found not guilty. Whatever your political views, show your support for him. Come to his hearing on the 24th if you can. Together we can defeat this tyranny.
"…law is often but the tyrant's will, and always so when it violates the rights of the individual."
--Thomas Jefferson
The Supreme Court's decision in Holder v. Humanitarian Law Project to uphold the "material support" of terrorism statute (18 U. S. C. §2339B(a)(1)) has truly turned the law into the tyrant’s weapon. In their June 21, 2010 decision they wrote, "Congress and the Executive are uniquely positioned to make principled distinctions between activities that will further terrorist conduct and undermine United States foreign policy, and those that will not." With these words the Supreme Court made a criminal of anyone that has had any contact with an organization on the State Department’s list of foreign terrorist organizations. This author is astounded at the court’s naiveté in proclaiming that the government is able to make such "principled distinctions". They’ve abdicated their role as guardians of our liberties by rubber stamping this repressive law.
Additionally, for an organization to be placed on the State Department’s list of foreign terrorist organizations it need only threaten the "economic interests" of the USA. This criteria is way too vague to have any other meaning than to allow them to designate almost anyone as a terrorist. Had the British had this law on their books they could have labeled Gandhi as one!
Enter the FBI raids on antiwar activists of September 24, 2010. Search warrants were executed in Minneapolis, Chicago, Michigan, and North Carolina against members of left wing groups that had visited with or advocated for either Colombia’s FARC or Israel/Palestine’s Hammas and Lebanon’s Hezbollah. Subpoenas to appear before federal grand juries were served to up to thirteen people. The individuals and organizations involved maintain that these raids are merely a fishing expedition and that they have done nothing wrong. As of this writing the first of the grand jury proceedings had only just started. Given that we live in an age when it has been said that "A good prosecutor could get a grand jury to indict a ham sandwich." It is sadly very likely that indictments will follow. If this is the case jury nullification may be these activists only salvation.
Jury nullification is a well established legal doctrine that allows a jury to find a defendant not guilty despite the fact that they may have broken the law. (This is not to say that the above mentioned activists have done so.) As stated on the Fully Informed Jury Association’s (FIJA) website:
The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by government. The Constitution guarantees you the right to trial by jury. This means that government must bring its case before a jury of The People if government wants to deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict.
Since many judges instruct juries that they are required to follow what he or she says is the law, most jurors are ignorant of the real powers they have. This, of course, negates the real purpose of a jury, which is to protect their fellow citizens from unjust law and prosecution.
While we may disagree about many things with the victims of the FBI raids of September 24 and their colleagues, most libertarians stand with them in opposing this oppression and are with them in opposing the US government’s imperial wars. These raids have only one purpose, to silence dissent. We can’t let them succeed. Now is the time to put our differences aside to speak for liberty with one voice, for as they do to the left now they may one day try to do to all dissidents.
The particular cause is not the issue, the principle is. This libertarian is not in agreement with supporting the FARC, for example. However, if private citizens want to use their own resources to support such causes overseas they are doing exactly what we have advocated for many years. Libertarians have said that we should not be taxed and, therefore, forced to fund foreign groups or governments. If someone wants to support something they should voluntarily give their support or money. This is their right and that is all these antiwar activists have done.
We all need to join forces to spread the word to potential jurors if the antiwar activists are taken to trial. Jury nullification may be their only hope against this government’s tyranny.
Finally, a legal travesty is over. It all started on May 11, 2010 with three activists handing out Fully Informed Jury Association literature in front of the federal courthouse in Allentown, PA. It ended on September 1, 2010 with George Donnelly being sentenced to time served and paying a $525.00 fine. All of his property was returned though the video he took of the incident was deleted from his camera.
George, while filming the outreach event, was originally arrested and charged with felony assault on a female Court Security Officer (CSO) which, according to witnesses, he didn’t do. This charge carries an eight year sentence. The conditions of his release after two days in federal custody included house arrest, wearing an ankle bracelet, turning in his passport, and his firearms. By the time of his initial appearance hearing on June 22, 2010 the charges had been reduced to misdemeanor simple assault and two Code of Federal Regulations (CFR) violations . (Legally, CFRs are somewhat equivalent to parking tickets.) In the end George was forced to "voluntarily" agree to a plea bargain in which he plead guilty to a CFR concerning disobeying a federal law enforcement officer on federal property. All other charges were dropped.
This was a travesty on many levels. The three activists were merely exercising their right to inform juries that they can judge the law as well as the facts of a case. This is commonly known as jury nullification and is a clearly established legal principle. A jury may find a defendant not guilty even though the law has been broken for whatever reason, including not agreeing that what the defendant did should be illegal. Naturally, the government doesn’t like this fact and apparently doesn’t like the information about it getting out.
During the trial several strange things were claimed. One of the oddest would have to be the government asserting that the CSOs saw George filming so they went out to investigate. Once out, they claim, he had an unknown object he was hiding in his hands held between his legs. The contradiction there needs no further comment. (It is my understanding that George did later place the camera against his body to prevent the CSOs from taking it from him.)
Continuing, George’s attorney, Paul Hetznecker, stated that they were acceding to "modification of the facts" to arrive at the agreed upon version of the event. Which brings up the question, why do the facts need to be modified in court proceedings? The naïve may think that courts seek the truth, experience teaches us the opposite.
Ignored during this whole process was the fact that the government’s story kept changing. There were two complaints filed with differing sworn statements made by the same CSO, Enrique Trevino. Both alleged that George assaulted a CSO. The final "agreed to" version of the incident makes no mention of any assault. In a rational court these facts alone would have gotten the case dismissed. After all, the prosecution presented no evidence. They deleted George’s video of the incident and even though there are surveillance cameras outside the courthouse they presented none of their own.
Later in the proceedings, the judge, Henry S. Perkin, cited the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, OK as a justification for the CSOs aggression. Saying that the right of the employees and visitors in the federal courthouse in Allentown, PA to be safe trumps the right to free speech. It may have been a slip of the tongue, but the judge said "The system is not sensitive to your rights". Thanks for clearing that up, judge.
On a lighter note, Jim Babb, who was present in front of the courthouse when George was arrested, confronted Trevino after the trial calling him a liar. This lead to threats of arrest for harassment and got us all evicted from the fourth floor, where the courtroom is located.
We regrouped in the lobby to wait for George who was in a conference with his lawyer. As we waited our friend Trevino walked by. Jim began loudly speaking about the immorality of their lies and actions, questioning whether they had consciences, and asking how can they sleep at night. Trevino sarcastically answered "very comfortably".
After a while George appeared with his lawyer and the two of them accompanied by Jim Babb and myself went into the back room to recover his, George’s, stolen property. Raw footage of the taking out of the guns can be seen here.
George left immediately after the trial to attend to family matters. The rest of us went to a nearby restaurant to eat, drink, and go over the events of the day:
An observation about the whole affair. The people involved in the federal legal system may truly believe themselves to be standing up for what’s right. To be defending themselves, and therefore us, from evildoers. This is pure rationalization on their part. The system serves itself and those that are part of it at the expense of the rest of the world. They are driven by fear to create a situation in which they rule only by force and lies. They, not some foreign fanatics, are the true enemies of liberty.
Some insightful protester modified a sign outside the courthouse to better reflect their priorities. Your became our:
Philadelphia, PA - At the end of their week in Philadelphia Liberty on Tour's Adam Mueller and Pete Eyre joined local activists to do Fully Informed Jury Association outreach. All went well, no one was arrested or questioned by authorities.
The purpose of the outreach is to distribute pamphlets explaining that juries should not only judge the facts of the case but the merits of the law in question too. If they find the law objectionable they should acquit. Of course, judges often instruct juries to follow the law as they interpret it, but this is not correct.
As you can see in the videos a good time was had by all:
Earlier in their stay in Philadelphia Liberty on Tour's Adam Mueller and Pete Eyre had a run in with park rangers in, of all places, Independence Hall while filming "Is the Constitution Really So Great?" Incredible, not even in Independence Hall does the elected dictatorship that rules us allow freedom of speech!
This time it started out differently. Adam Mueller and Pete Eyre from Liberty on Tour were there with Antonio Musumeci (otherwise known as "Bile" for his blog, Blog of Bile) and, of course, Julian Heicklen.
As you will see in the videos things started out peacefully with the feds studiously ignoring us as Julian started handing out the Fully Informed Jury Association pamphlets. We did an interview with Pete Eyre. I even started to speculate that maybe they were done trying to arrest Julian. No such luck. One of the officers, as he walked past me while the camera was off, said, "get the camera rolling things are about to start".
In a telephone conversation later Julian stated that he was released from the hospital unharmed. He also said that technically he wasn't arrested, just shipped off in the ambulance.
The video of the same event filmed by Pete Eyre can be seen here.
Julian's latest progress report on the day:
Hi Tyranny Fighters:
1. FIJA demonstration of 8–4-10
I arrived at the U. S. District Courthouse in Manhattan at 11:30 am. It was a warm and sunny day. At the outskirts of federal property I met Adam Mueller and Peter Eyre from Liberty on Tour. Also there were bile and Darren Wolfe. All four were there to videotape the proceedings.
After some preliminary discussion we moved to the courtyard of the District Courthouse at 11:45 am. I distributed the American Jury Institute pamphlet “True or False: Factual Information about Jury Service” along with my flyer. Peter Eyre also distributed some of these. Officers Sargent Sullivan and another Federal Service Marshall were there when we arrived. Altogether we distributed about 35 pamphlets.
At 12:06 pm, there were 3 police officers present. At 12:15 pm Sargeant Sullivan and officer Valentin approached me and asked me to move off federal property. I refused. Each of them grabbed one of my arms and took my Jury Info sign and remaining pamphlets. I was not placed under arrest nor given a citation. It was an undisguised assault and robbery. I fell to the ground. I lay still, did not move a muscle, nor utter a sound. None of the other of my four accomplices were forced off the property, and none were given citations. One police officer encouraged Darren to start rolling his camera when the action was about to start.
The police called Emergency Medical Service of the NY City Fire Department to send an ambulance. I was placed on a stretcher at 12:25 pm and put into the ambulance. On the way to the hospital, two medics examined me, but I gave no response. We arrived at the NY City Downtown Hospital at 12:35 pm, and I was carried on a stretcher into the emergency ward.
I still uttered no sound nor moved a muscle. The hospital staff applied painful pressure to my chest in order to get me talk. Also a large object was place in my mouth with the intention of forcing it down my throat, but it was too large to get into my jaw. Then I was tickled by a small fine brush on my lips, nostrils, and left cornea. Still I did not move or talk.
Finally Dr. Rubinstein, an intern, begged me to talk, so I did at 1:10 pm. I said that I was all right and wanted to be discharged. He said that I would have to answer some questions, but I informed him that I was exercising my Fifth Amendment right to remain silent. He asked for my name, but I refused to divulge it.
He left me and talked with some other staff. He said that I would be discharged. He filled out some paperwork authorized by the attending Physician Antonio Dajer. Dr. Rubinstein admonished me that the Emergency Medical Service was intended only for sick people. I responded that he should so inform the Federal Protective Service. I signed the discharge paper as John Galt and left at 1:30 pm. 2. George Donnelly Trial, August 26, 2010
The response to my query about what activity to plan for the trial of George Donnelly was sparse. However those that did respond said that any of my proposals would be acceptabe to them. I will be out of town from August 6–25, so will not be involved directly in the planning. However Jim Babb has agreed to plan and coordinate activities. If you have any idea or questions contact him.
3. LWRN Radio Program I have been invited to host a weekly 1-hour show on web radio station LWRN. Starting sometime in September, we will have a Tyranny Busters broadcast. Actual air time is 45 minutes, because of LWRN announcements and advertising. bile has agreed to be the producer and I will start as the host. We have been given a free hand to cover freedom issues. However there are some FCC restrictions on political candidates appearing alone free for 45 days before the election.
Now we have to decide on content. I am suggesting a number of possibilities and asking for your opinions on each of them or some not mentioned below:
1. A 15-minute segment on one of our constitutional freedom issues: jury nullification, free speech and assembly, freedom to own firearms, constitutional trials, privacy rights, legalizing drugs and other consensual acts involving mentally-competent adults, income tax abolition, reduction of prison population, reform the prisons. 2. A 15-minute segment involving important but controversial issues such as abortion, the death penalty, foreign policy, regulating interstate commerce, environmental problems, private vs. public schools, eminent domain, etc. Debate between to opposing individuals. 3. 15 minutes devoted to freedom activities and movements around the county and suggestion for additional activities. Strategy and policy reports. 4. The structure of these segments. Possibilities are: 1. one host alone 2. one host interviewing 1 or 2 guests 3. one guest being interviewed by 1 or 2 hosts 4. suggestions for hosts and guests
4. Future Plans
Friday, August 6, 2010, at 8:00 am at the Tampa Federal Courthouse, 801 N. Florida Avenue. Tampa, FL 3362–3800
Thursday, August 19, 2010 at 6:30 pm, Jury Nullification Conference, Piccadilly Meeting Facility, 5950 Ramona Boulevard, Jacksonville, FL
Monday, August 23, 2010 at 11:45 am–1:15 pm at the U. S. District Courthouse, 101 West Lombard Street, Baltimore MD 21201-2605.
Tuesday, August 24, 2010, at 8:00 am–9:30 am at the U. S. District Courthouse, 401 Courthouse Square, Alexandria VA 22314-5704
Tuesday, August 24, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 333 Constitution Avenue, N.W., Washington DC 20001
Wednesday, August 25, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 50 Walnut Street, Newark NJ 07102
Thursday, August 26, 2010, George Donnelly trial at the U. S. District Courthouse in Allentown, PA
5. Financial needs Our FIJA outreach program has ballooned beyond my wildest expectations. One problem that this poses is financial. The costs are now exceeding our financial capabilities. You can help alleviate this problem by making donations to the following:
George Donnelly legal defense fund. George was arrested in Allentown and charged with misdemeanor assault, even though he was the victim of the assault. (Your federal government at work) He faces a possible extensive prison sentence. He is trying to raise $15,000 for anticipated legal fees to defend himself. Please send him a donation. Go to the web page below to make a donation through PayPal at http://donnelly.chipin.com/donnelly-legal-defense
Also the American Jury Institute (FIJA) expenses will be mounting. You can help by joining the American Jury Institute, or just making a donation. Its web page is at http://fija.org/support-fija/
Mike Benoit has written a book entitled “Sham and Shame of the Federal Income Tax.” You can purchase it directly from him for five dollars. His E-mail address is in the header of this E-mail.
Warning: You should know that The Federal Protective Service, and possibly the FBI, is intercepting my e-mails. Another violation of our civil liberties. Be prudent if you write to me.
This post is to encourage all those who care about liberty to help with Julian Heicklen's efforts in NJ, PA, MD, VA, and DC during July and August. Attend and tell all you know about them. Thank you.
Tuesday, July 27, 2010 at 11:45 am–1:15 pm at the U. S. District Courthouse, 402 East State Street, Trenton NJ 08608-1507 http://www.facebook.c...
Wednesday, July 28, 2010, at 8:00 am–9:30 am at the U. S. District Courthouse, 400 Cooper Street, Camden NJ 08102-1570 http://www.facebook.c...
Thursday, July 29, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 504 West Hamilton Street, Allentown PA 18101-1502 http://www.facebook.c...
Friday, July 30, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 5601 Market Street, Philadelphia PA 19106-1729 http://www.facebook.c...
Monday, August 23, 2010 at 11:45 am–1:15 pm at the U. S. District Courthouse, 101 West Lombard Street, Baltimore MD 21201-2605. http://www.facebook.c...
Tuesday, August 24, 2010, at 8:00 am–9:30 am at the U. S. District Courthouse, 401 Courthouse Square, Alexandria VA 22314-5704 http://www.facebook.c...
Tuesday, August 24, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 333 Constitution Avenue, N.W., Washington DC 20001 http://www.facebook.c...
Wednesday, August 25, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 50 Walnut Street, Newark NJ 07102 http://www.facebook.c...
Note from Julian: Please join at any or all of these demonstrations, if you can. It would be nice if we could have a large group in Allentown, where George was arrested.
Many times liberty activists handing out information for the Fully Informed Jury Association have been told that they can’t film federal property by the US Marshals and other law enforcement officers at the US District courthouse in lower Manhattan, New York City. Here are some examples of this federal anti-liberty behavior:
In Philadelphia, PA there have been attempts to shut down filming of the pamphleteering too:
Allentown, PA is where the worst incident happened. The US Marshals actually arrested and charged George Donnelly. I’d show you the video but the feds kept it. (I wonder what they’re hiding.)
Things sure are different at the US District courthouse at 500 Pearl St in NYC when they want the public to see a juicy criminal coming or going. There was plenty of filming when con artist extraordinaire Bernard Madoff was there:
When Faisal Shahzad, the suspect in the failed Times Square bombing plot, was there there were many cameras rolling:
Look at all those cameras at the courthouse in the last two videos. Isn’t it interesting how the federal government is happy to allow filming there when they want coverage? When liberty activists show up, handing out jury nullification information, suddenly, there’s no filming allowed.
This is clearly a case of the federal agents wanting to shut down activists handing out information they don’t want people to know about. They also may not want us filming Julian Heicklen’s arrests in case something goes wrong we won’t have evidence of their abuse. Additionally, they may realize that they look pretty thuggish busting Julian for pamphleteering. Whatever their reasons this double standard has got to stop. Liberty activists have the same rights as the main stream media to cover events happening at this courthouse. The next time a US Marshal says "no filming on federal property" we’ll all know he’s lying. Even Department of Homeland Security policy allows filming of federal buildings. Let the cameras roll!
I invite readers to put links in the comments section to other examples of filming on federal property. Thank you.
Those who aren’t familiar with the Donnelly case please click here and here to get the details.
The hearing started at 10:30am in Allentown, PA. Attending the hearing were George's wife, his son, and myself. He was represented by Paul Hetznecker, the attorney that won the acquittal of the protesters arrested at the Army Experience Center at the Franklin Mills Mall in Philadelphia, PA. Things went well with the judge describing the charges that he is now facing as "petty offenses".
The good news is that George is no longer under house arrest. He is free to travel throughout the forty-eight contiguous states. The ankle bracelet is to be removed, something George said he would get done today, of course. His driver's license was also returned to him. Lastly, no more drug testing is required.
The ordeal isn’t over yet, George still has to stand trial. The judge, prosecutor, and defense attorney had difficulty coordinating their schedules so no date was set. They were looking at the end of July going into August.
Some restrictions are still in force. George may not move out of his present residence, have a passport, or publicly identify any US Marshals or court officers associated with the case.
To conclude, things are definitely looking up for George, but it’s not over yet. One big issue is that his attorney still needs to get paid. Please contribute whatever you can to his legal defense fund at the ChipIn button at the top right hand side of this page. Even if you can only give $5 or $10 every donation counts. Thank you.
May 10, 2010 — This week Julian Heicklen is expanding his jury rights pamphleteering tour to New Jersey, and multiple locations in Pennsylvania and Delaware. Today Jim Babb and George Donnelly joined him at the federal district courthouse in Trenton, New Jersey. They were only minimally hassled and managed to hand out 200 pamphlets before retiring to lunch. Tomorrow they'll be in Reading and Allentown, PA. More at: http://georgedonnelly.com/libertarian...
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