FIJA Activist Julian Heicklen's PROGRESS REPORT 7/12/10

Here it is in its entirety:

PROGRESS REPORT 7/12/10

1. Court action

I still have not been able to recover all of my property from the arrest of May 25, 2010 when I was imprisoned in Riker’s Island prison. I have sent requests to judges of both the Criminal Court of Manhattan and the District Magistrate Office of the the U. S. District Court of the Southern District of New York to issue orders to their respective property control offices to release my property. The Criminal court of Manhattan has informed me that the $210.00 and psychiatric report are available for me to claim at my convenience in the Clerk of Court’s office.

I have a hearing on July 20, 2010, in front of a magistrate in the U. S. District Court S. D. N. Y. to plead in the case involving the arrest by federal marshals for failing to pay previous fines. I have submitted a brief pointing out that the citations are for unconstitutional arrests and supported the claim with three U. S. Supreme Court decisions. Hopefully, but not likely, the magistrate will dismiss the complaints at this time.

In the Homeland Security civil suit in the U. S. District Court S. D. N. Y. all the named defendants have been served with summons. Lawyers for most of the defendants have filed an appearance with the court. The lawyers defending the various defendants are:

1. U. S. Attorney for all U. S. government actors (Homeland Security, Central Violations Bureau).
2. Corporation Counsel for the City of New York for the NY City Fire Department.
3. Kaufman Borgeest & Ryan LLP for St. Vincent’s Catholic Hospital.
4. MARTIN CLEARWATER & BELL for the NY Downtown Hospital.
5. No-one has made an appearance for Bellevue Hospital, but it may be a city hospital and be represented by the Corporation Counsel for the City of New York.

Both of the represented hospitals have claimed that they cannot be sued: St. Vincent’s, because it has filed for bankruptcy; and NY Downtown Hospital, because it claims it is not a state actor and therefore immune from suit under 42 U. S. C. 1983. I have challenged both claims.

1. Publicity

I have had long radio interviews with “Freedom Frenzy” on Republic Broadcasting Network July 5 and “Liberty News Radio” on July 8. The “American Juror,” published by the American Jury Institute (FIJA) published my Progress Report of the Riker’s Island arrest in full. I am sure that there were many other reports of our activities on the web, but they did not include personal interviews. Thanks to everyone for the publicity. Publicity is the name of the game. It is true. I am a publicity hound.

Many of you on the BCC Tyranny Fighters list are news outlets. I suggest that you would have higher input if you were listed on the open list. For those of you that wish to be on the open list, please notify me, and I will make the change.

1. Report from George Donnelly

George Donnelly was arrested at the U. S. District Courthouse in Allentown, PA on May 11, 2010. He was charged with assault and placed under house arrest waiting for trial. George sent the following report on July 9, 2010:

“Since June 22 I no longer have the ankle monitor and can travel the lower 48 states without requesting permission.

Paul Hetznecker is representing me. The charges are violations of 18 U.S.C. 113 (a)(5) AND 41 C.F.R. 102-74.385 AND 41 C.F.R. 102-74.390. You can google me and there is an article on libertapedia.org with the full/formal charges. The trial is scheduled for Aug 26, a bench trial in front of the same magistrate again. No jury. Just today Paul received their discovery. I will examine it soon with him.

I think around 150 people have raised a little over $6,000. I am very grateful for contributions as this as been a financial disaster for my family. Not only the costs of defending myself have been highly inconvenient, but also the fact that I had to make arrangements for us to continue renting a house here, instead of moving up to New Hampshire as we planned. There is no rent cost for us to live on our own land in New Hampshire.

I am very grateful for any donations or pitches.

I have a lot to say but am not supposed to be talking at all really. The most important thing is to remain firm in our convictions, to not feel anger, to not seek retribution but to continue righteously on.”

1. Future schedule

I will be in Portland, OR, with my wife from July 14–19. I had hoped to distribute FIJA literature at the U. S. District Courthouse in Portland, but my wife said no because we are on vacation. She is more persuasive than the United States courts. Therefore, I will not be demonstrating in Portland. Sigh!

I will be distributing FIJA literature at the following locations:

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

Wednesday, July 28, 2010, at 8:00 am–9:30 am at the U. S. District Courthouse, 400 Cooper Street, Camden NJ 08102-1570

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

Friday, July 30, 2010, at 11:45 am–1:15 pm at the U. S. District Courthouse, 5601 Market Street, Philadelphia PA 19106-1729

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

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.

5. Other activities

George Donnelly 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

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.

The American Jury Institute could also use financial aid. You can become a member or just send a donation. You also can purchase and distribute pamphlets at appropriate places. The web page is www.fija.org.

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.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Yours in freedom—Julian

Tell Me Again, Who Can’t Film on Federal Property?

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.

The Nightmare Financial Regulatory Scheme

I thought I was having a nightmare, but unfortunately it was reality. Senator Dodd (D- CT) revealed his plan for financial reform. All quotes below are from "Summary: Restoring American Financial Stability".

Lucky us, we get some new bureaucracies to protect us! Starting with the Consumer Financial Protection Bureau. Here are some of its powers:

 Independent Rule Writing: Able to autonomously write rules for consumer protections governing all entities – banks and non-banks – offering consumer financial services or products.

 Examination and Enforcement: Authority to examine and enforce regulations for banks and credit unions with assets of over $10 billion and all mortgage-related businesses (lenders, servicers, mortgage brokers, and foreclosure scam operators) and large non-bank financial companies, such as large payday lenders, debt collectors, and consumer reporting agencies. Banks with assets of $10 billion or less will be examined by the appropriate bank regulator.

 Consumer Protections: Consolidates and strengthens consumer protection responsibilities currently handled by the Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Corporation, Federal Reserve, National Credit Union Administration, and Federal Trade Commission.

 Able to Act Fast: With this bureau on the lookout for bad deals and schemes, consumers won’t have to wait for Congress to pass a law to be protected from bad business practices.

Not only that, it gets a propaganda arm, the new Office of Financial Literacy.

Hold on, because they're not done protecting us yet. To oversee the overall financial situation we get the Financial Stability Oversight Council. It will be comprised of regulators from various agencies. Its powers include:

 Tough to Get Too Big: Makes recommendations to the Federal Reserve for increasingly strict rules for capital, leverage, liquidity, risk management and other requirements as companies grow in size and complexity, with significant requirements on companies that pose risks to the financial system.

 Regulates Nonbank Financial Companies: Authorized to require, with a 2/3 vote, nonbank financial companies that would pose a risk to the financial stability of the US if they failed be regulated by the Federal Reserve. With this provision the next AIG would be regulated by the Federal Reserve.

 Break Up Large, Complex Companies: Able to approve, with a 2/3 vote, a Federal Reserve decision to require a large, complex company, to divest some of its holdings if it poses a grave threat to the financial stability of the United States – but only as a last resort.

 Orderly Shutdown: Creates an orderly liquidation mechanism for the FDIC to unwind failing systemically significant financial companies. Shareholders and unsecured creditors will bear losses and management will be removed.

 Liquidation Procedure: Requires Treasury, FDIC and the Federal Reserve all agree to put a company into the orderly liquidation process. A panel of 3 bankruptcy judges must convene and agree - within 24 hours - that a company is insolvent.

 Costs to Financial Firms, Not Taxpayers: Charges the largest financial firms $50 billion for an upfront fund, built up over time, that will be used if needed for any liquidation. Industry, not the taxpayers, will take a hit for liquidating large, interconnected financial companies. Allows FDIC to borrow from the Treasury only for working capital that it expects to be repaid from the assets of the company being liquidated. The government will be first in line for repayment.

That last one's a good one. $50 billion in new pork to pass around.

Part of this deal is that the Treasury Department gets a new Office of Financial Research which will:

 Make Risks Transparent: Through the Office of Financial Research and member agencies the council will collect and analyze data to identify and monitor emerging risks to the economy and make this information public in periodic reports and testimony to Congress every year.

Of course, we have to be protected from the insurance industry too:

Office of National Insurance: Creates a new office within the Treasury Department to monitor the insurance industry, coordinate international insurance issues, and requires a study on ways to modernize insurance regulation and provide Congress with recommendations.

Those evil credit rating agencies need watching. The Securities and Exchange Commission gets a new Office of Credit Rating Agencies "with its own compliance staff and the authority to fine agencies" and "the authority to deregister an agency for providing bad ratings over time".

Last, and perhaps most evil, is the granting of new powers to the Board of Governors of the Federal Reserve. They will "have a formal responsibility to identify, measure, monitor, and mitigate risks to U.S. financial stability" this through a newly created office the Vice Chairman for Supervision.

This is a great time to look back at the warnings put forth by this author about financial reform. On April 16, 2009 in "How Dare You Want To Know What "Your" Government Is Doing!" I wrote about Sen. Schumer's (D-NY) plans for financial reform. At that time he advocated the kind of regulatory dictatorship that Sen. Dodd is now proposing.

The nightmare is now close to becoming reality.

George Donnelly’s Initial Appearance Hearing 6/22/2010

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.

Police State New York: Video of Heicklen’s Arrest 6/14/2010

The place just isn’t the same. Going near the courts in lower Manhattan, New York City seems under siege. Streets are blocked off with mechanized metal barriers. Police from all levels of government, local, state, and federal, abound. Some are busy inspecting under cars with mirrors. Some aren’t so busy standing in little guard houses keeping an eye on their surroundings. Others just milling about. This is the surreal world we walked into.

It was obvious they knew that Julian Heicklen was coming, then again we made enough noise on the Internet about it. As soon as they spotted him in the park near the federal courthouse they were watching. They watched and followed as we approached the court. Julian walked right into the middle of the bunch of them. He was arrested before he could even hand out one pamphlet.

See it for yourself:





During this sad event a female officer came by yelling at the others that people were filming and that that was not allowed. Always a day late and a dollar short, none of the federal thugs tried to stop my filming until after Julian was in the sinister black van.

After we regrouped in Foley Square across from the courts about 250
Fully Informed Jury Association pamphlets were passed out. Everything went smoothly, though the pamphleteers were questioned by two NYPD officers who soon moved along.

Reflecting on that day I’m surprised at Julian’s tenacity, though very glad to see it. At the same time I’m saddened to think of what the US government has become. How far they are from Jefferson’s immortal words in the Declaration of Independence telling us that government is "to secure these rights" not violate them.

***********************************************************
Below is the email Julian Heicklen sent out after his release:

Hi Tyranny Fighters:

1. FIJA demonstration of June 14, 2010
I arrived at Foley Square in Manhattan at about 11:20 am. It was a warm, but cloudy day. Soon thereafter I was met by four activists from the Philadelphia, PA, area; one activist from New Jersey; and one activist from Suffolk County at the end of Long Island.

At 11:55 am we proceeded to the U. S. District Courtyard. I was met by several Homeland Security police officers. Before, I even took a pamphlet or the JURY INFO sign from my tote bag, Deputy Federal Marshal Hernando (or something like that) placed me under arrest. I immediately fell to the ground.

I was cuffed very tightly behind my back and dragged into the courthouse. It was painful, and the capillaries in my wrists were broken. I was continually handcuffed, mostly in front. Sometimes when I was in a cell (always alone), the cuffs were removed.

My property in the tote bag and in my pockets , as well as my glasses, sweater, cap, belt, and shoelaces, were taken away.

During this time, I did not move a muscle or make a sound, except once when they really inflicted pain, I moaned. The guards asked a lot of questions, including if they could take my picture of get fingerprints. I never answered. The guards considered this a refusal.

I was moved from cell to cell, since the guards kept changing their minds as to wether I should see a judge or go to Bellevue Hospital for evaluation. My pants kept falling down, since I had no belt. Finally, I was put into a wheel chair and taken to a paddy wagon to be delivered to Bellevue Hospital. While there the nurse took my blood pressure, my temperature, and blood to test for sugar. She then discharged me, and I was returned to the federal court house and put into a small cell facing the wall. By then, I had to urinate badly, so I urinated on the floor. The guard came rushing in, said that if I did that again, he would beat me into shit and break my bones. He then wheeled me into the urine.

The federal guards were more articulate than those in the New York police and correctional system. They had a 3-word, rather than a 2-word vocabulary. They said, "fuck, shit, and faggot" in all sequences and meanings.

While I was in the urinated cell, Robert Baum, an Assistant Federal Defender, and Lindsey, his assistant, came to see me. He agreed to be my temporary stand-by counsel. After talking to me, he talked to the prosecuting attorney. She agreed to let me be released on my own recognizance without bail, if I would have my fingerprints and picture taken. I agreed. This was done, and I went to court handcuffed. The magistrate set a court date for July 20, 2010. Mr. Baum had all of my property. I was taken to the Judge Magistrate Clerk’s office to sign and receive some papers. I was released at 5:20 pm.

Not until I was about to enter the court room, was I given my Miranda warning that I could remain silent. Until that time, the guards tried to get all sorts of information from me, but I was mute.


The court date of July 20, 2010, is just to set the conditions for trial. I will plead not guilty and ask for a jury trial. It is not clear that I will be able to get a jury trial.

After I was released I went to the NY City police headquarters at 1 Plaza place to reclaim the property seized from me on May 25, 2010. The property office was closed, and I was told to come back tomorrow.

I left for home and arrived home at 7:45 pm.

Thanks for the support today of my associates in freedom. They inquired about me at the courthouse, and called my wife to tell her that I had been arrested.

2. Facebook

I can no longer access Facebook nor receive Emails from Facebook. I requested an explanation from Facebook and received the message that follows.

"The website you are visiting appears to contain Malware. Malware is malicious software that may harm your computer or otherwise operate without your consent. Your computer can be infected just by browsing to a site with Malware, without any further action on your part."

This is your federal government at work. I cannot be contacted through Facebook. Please notify all your contacts that they can only reach me through my email at jph13@psu.edu (until our government shuts that down).
3. 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 following web page 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/

The US District Court in San Diego (I presume) has issued an order to foreclose on Mike Benoit's home without his right to a jury trial preserved. He feels great sadness for all of us including his brothers and sisters in liberty who suffer at the hands of the IRS and who are in prision due to this tyranny. He needs your help. Please dont wait until it is too late. Email him for information on what you can do to help win the battle. His e-mail address is in the header of this E-mail.

4. Pending actions

Because of circumstances beyond my control, I had to cancel my Las Vegas trip. I also have canceled my visit to the Burlington, VT courthouse on Tuesday, June 22, 2010. However I will be distributing FIJA Literature at the following courthouses on the following dates. Please join me to observe, take pictures, or participate.

Monday, June 21 at 11:45 am: Albany, NY, James T. Foley United States Courthouse, 445 Broadway, Room 509
Tuesday, June 22 at 8:45 am: Hartford, CT, Abraham Ribicoff Federal Building and, United States Courthouse, 450 Main Street, Room A-12, Hartford , 06103-3022
Tuesday, June 22 at 11:45 am: Springfield, MA, 300 State Street, Room 1-120
Wednesday, June 23 at 11:45 am: Concord, NH, Warren B. Rudman US Courthouse, 55 Pleasant Street, Room 110
Thursday, June 24 at 11:45 am: Boston, MA, John Joseph Moakley United States Courthouse, One Courthouse Way, Suite 2300

Friday, June 25, I will be a participant in the FIJA forum at the PorcFest in Lancaster, NH

Monday, June 28: I report for jury selection in the Bergen County, NJ courthouse.

You are welcome (encouraged) to join me to observe, take pictures, or distribute literature. I will provide the literature.

My cell phone is still in the possession of the NY city police. I can neither make, receive, not respond to telephone calls. I still have 211 E-mails to read. If your E-mail requires a response, I will answer, but do not hold your breath.

From Wednesday, June 16–Sunday, June 20, I will be at a bridge tournament in Saratoga Springs, NY. So I will not receive or send e-mail from June 16–June 25.
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.

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.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Yours in freedom—Julian

http://fija.org/