Opening with Kasabian’s “Days Are Forgotten”, we delve into the forgotten principle of JURY NULLIFICATION, which stems from the ancient Common Law, and which is not mentioned by most judges in contemporary courts. It’s an important power that the people have to negate bad laws! Check out the news story and our analysis. Then, listen as El G Grande explains why both Arizona and the gubment cats in DC are wrong in their immigration arguments in the Supreme Court! We go into some valuable information for liberty lovers, and stress the economic benefits of unlimited immigration!

With music by Kasabian, The Fatima Mansions, Girls Against Boys (“Rockets Are Red” and “In Like flynn”), The Sex Pistols (“Bodies” and “Holidays in the Sun” – LIVE!), Steely Dan (“Black Friday”), Morphine (“Super Sex”), Massive Attack (“Man Next Door”), Iggy and the Stooges (“I Wanna Be your Dog”) blending into The Cult’s homage, (“Phoenix”)! Be Seeing You!

A federal judge ordered the dismissal on Thursday of an indictment against a retired chemistry professor who had been charged with jury tampering for advocating the controversial position known as jury nullification while standing on a plaza outside the United States Courthouse in Manhattan.

The former professor, Julian P. Heicklen, had stood outside the courthouse holding a “Jury Info” sign and handing out brochures that advocated nullification, in which jurors who disagree with a law ignore their oaths and vote to acquit a defendant accused of violating it.

The judge, Kimba M. Wood of Federal District Court, wrote in a 27-page opinion that a person violated the jury tampering statute only when he knowingly tried to influence a juror’s action or decision by means of a written communication made in relation to “a specific case pending before that juror.”

The judge wrote that she would not “stretch the interpretation” of the statute to cover speech that was “not meant to influence” a juror’s actions in a specific case.

As a catalyst for an inclusive, tolerant, liberal America, it is a pleasure to note this important civil rights victory, and express our entire global defense team’s proud appreciation for the noble decision of the United States Attorney to in effect nolle prosecui the improvident indictment.

NDAA Demonstation of February 3, 2012

I arrived at the office building of Steven Rothman, Congressman for the 9th Congressional District of NJ, at 25 Main Street, Hackensack, NJ at 12:09 pm on Friday, February 3, 2012 at 12:09 pm. The office building is across the street from the county courthouse. Congress Rothman voted in favor of the National Defense Authorization Act of 2012, which permits the President to confine any persons, including American citizens, on U. S. or foreign soils indefinitely without charges or a trial.

I held a sign which read:

NOW
DESTROYING
AMERICA
AGAIN

The first letter of each word was colored red and stood for National Defense Authorization Act. I distributed Bill of rights pamphlets. There was not much pedestrian traffic, so I only passed out about 20 pamphlets. However, I did sign up a new Tyranny Fighter.

The office building was on a street with heavy vehicle traffic. I stood near a traffic light, so the vehicles had a good opportunity to read the sign when the traffic light was red. I left the area at 1:30 pm.

Demonstrations against the NDAA are nationwide and occur every Friday from noon to 7:00 pm in front of offices of congressmen and senators who voted for the act (the vast majority of them). I intend to be in front of Congressman Steve Rothman’s office at 25 Main Street, Hackensack, NJ across from the Bergen County Courthouse from noon to 1:00 pm. Please join me or go to your own Congressperson’s or Senator’s office.

Federal Censorship

Censorship by the federal government has increased dramatically in recent years. Protesters hoping to hold a rally on Friday, January 13, 2012 at the U. S. District Court at 500 Pearl Street in Manhattan, NY against a Supreme Court decision that removed a ban on corporate political spending sought a permit. The request was denied by the General Services Administration. The group filed a lawsuit. Judge Lewis A. Kaplan ruled that the plaza surrounding the courthouse was not a public forum and upheld the decision to deny the permit.

Of course the judge’s decision was wrong, since the plaza is the sidewalk connecting Pearl and Centre Streets. Higher courts have ruled and dictionaries have defined that sidewalks are public forums. But the group got what it deserved. Why would anyone request a permit to exercise his First Amendment rights? By doing so, the protesters admitted that they did not possess those rights.

Federal agencies routinely deny” freedom of information” requests. The U. S. Government now is in the process of censoring Google and Wikipedia. The New York Times of February 2, 2012 reports on page A27 that : “…the National Science Advisory board for Biosecurity made an unprecedented request: it asked the editors of the journals Nature and Science not to publish certain details in two papers describing experiments in which scientists created a highly transmissible form of the deadly H5N1 influenza virus in ferrets.”

For years the President and the Democratic Party have been trying to outlaw guns. However they have failed because of the protection of Amendment II of the U. S. Constitution and the vociferous objection of the gun lobby. Now the administration has shifted its attempt to outlawing gun ammunition, which is not explicitly mentioned in Amendment II. If successful, Americans will no longer be able to protect themselves legally against criminals and the U. S. government. The result will be the same as it has been for outlawing narcotics: an increase in crime, prison population, and use through illegal distributions.

Story of John Thompson (reported by the Innocence Project)

In 1984, John Thompson, a 22-year-old father of two, was wrongfully convicted of two separate crimes, a robbery and murder. While facing his seventh execution date, a private investigator discovered scientific evidence of Thompson’s innocence that had been concealed for 15 years by the New Orleans Parish District Attorney’s Office. Thompson was eventually exonerated of both crimes and a jury awarded him $14 million, one million for each year he spent on death row. The state appealed and eventually the Supreme Court in a 5-4 decision in Connick v. Thompson ruled that the prosecutor’s office could not be held liable for their misdeeds.

Adam Heicklen & Occupy Wall Street

Adam Heicklen was arrested for filming at the occupy Wall street protest in downtown New York for the crime of “Disorderly conduct” for carrying a 16 mm film camera. During the mass arrest, an NYPD cop took the liberty of attempting to expose his film to light. He does not consider humself an “occupier,” but rather a filmmaker who once believed that this country does permit freedom of the speech and would not put over 700 innocent people into a jail cell for committing no crime. Now his opinions have altered, and he is looking to get even more involved in restoring common sense to this nation.

Although the police claimed to have imprisoned all of them for being on the Brooklyn bridge, he has unedited 16mm film proving it was a line of police who led people from the back of the organized line onto the Brooklyn bridge. He does not wish to sound like a conspiracy theorist, because the film proves beyond a doubt that his claims are true. Until now the public has only been exposed to the lies and well-edited NYPD video tape of that day. Since the trial for many of the protesters and bystanders is going to begin shortly, he is looking to get this evidence out into the public in a worthwhile manner.

At the episode Mayor Bloomberg remarked that the police were protecting the identities of protesters by forbidding pictures by a NY Times photographer.

Catherine Jordan

Catherine Jordan has Lou Gehrig’s Disease (ALS). While most people die from ALS, Cathy discovered cannabis stopped the progress of her disease. For over twenty-five years she has used cannabis to stay alive. She is advocating a Florida Medical Cannabis Bill. Her presentation at the Florida capitol is in the following website:

http://www.youtube.com/watchv=KkA7QrPETXM&list=UUGuhLqPn3W0Ru9pSn3MYR9g&index=1&feature=plcp

Medical Marijuana Rally

The Committee for Medical Marijuana in New Jersey (CMMNJ) will hold a rally at the Trenton Federal Building,Trenton, NJ from noon to 1:00 Th Feb 16.

Lawless America:

http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=649:lawless-america-online-tv-show-saturday-february-4-2012-5-7-pm-et-&catid=108:lawless-america-online-tv-show&Itemid=105

Bill Windsor is hosting internet shows exposing the corruption of U. S. Courts at 10–11 pm every Thursday and 5–7 pm every other Sunday at Lawless America.

New Hampshire Liberty Forum 2012

Thursday–Sunday, February 23–26
Location: Crown Plaza, Nashua, NH

http://freestateproject.org/libertyforum

Freedom Law School’s 2012 Freedom Rally

http://www.freedomlawconference.org/downloads/Conference_Brochure.pdf

The Freedom Law School 2012 Freedom Rally will be held Friday–Monday, March 16–19, Crowne Plaza Hotel, Orange County Airport, 17941 Von Karman Avenue, Irvine, CA 92614.

Tyranny Fighters Participants

The Tyranny Fighter mailing list now has 840 names on the BCC list and 61 names on the open list. We are now sufficiently large that there are three subcommittees. These are:

Legal Advisors: 30 names

Freedom Helpers: 18 names

Horror Stories: 23 names

Fund Raising

As you know, both Mark Schmidter and I are involved in legal battles. We need more money to fight these battles. Since my arrest in Orlando last August, I have received about $1000 in donations to Tyranny Fighters. Thank you donors. This money will help pay the expenses. However , we can use plenty more for both legal and travel expenses.

Suggested Books

“The Non-Trials” by Julian Heicklen, Ishi Press (2011) discusses his arrest at the Isaiah Wall in Manhattan, NY, in 2007 and the subsequent legal activity. It is now available for $25.95 at Barnes and Noble, amazon.com, and

probably other booksellers. Chapter V is a discussion of jury nullification. You should read it and also the Regas brief at: http://1215.org/lawnotes/lawnotes/jurytamp.htm. I am planning on a book tour for 2011 and am available for book sales and/or speeches at any conventions. Let me know if your organization is interested.

“Actual Innocence” by Barry Scheck, Peter Neufeld (co-founders of The Innocence Project), and Jim Dwyer (a writer for the New York times), a Signet book (2001).

“Ordinary Injustice” by Amy Bach, Henry Holt and Co. (2009). Amy Bach is an attorney and journalist who spent eight years investigating the widespread courtroom failures that each day upend lives across America.

Let’s Get Free by Paul Butler, The New Press, New York (2009)

Michael Badnarik gives a course about the U. S. Constitution using his book “Good to be King.”

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.

At some unspecified future date each of you will have a quiz by the U. S. courts on the material in these books. Failing that quiz will lead to a long prison sentence.

WARNING

The U. S. Congress has just passed a law by overwhelming majorities of both houses that gives the President the authority to have the military arrest and detain indefinitely, without trial, any person suspected of intention to harm the country. The FEMA camps are being reopened as concentration camps. When they are overloaded, the genocide will start.

Also, 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.

However a U. S. court recently has ruled that: If the government wants to see your emails stored by an Internet service provider, they first will have to get a warrant. See: http://www.allgov.com/Top_Stories/ViewNews/US_Court_Rules_Warrants_Needed_to_Spy_on_Emails_101216

THE PRICE OF LIBERTY IS IMMEDIATE VIGILANCE

THE PRICE OF JUSTICE IS IMMEDIATE PUBLICITY

The time is now. Tomorrow will be too late. Yours in freedom, justice, and desperation—Julian

1. He would not have given seven times as much foreign aid to Israel’s enemies.
2. He would not have forbidden the State Department to move the U. S. embassy from Tel Aviv to Jerusalem as ordered by Congress.
3. He would not forbid U. S. citizens born in Jerusalem to list their place of birth as Jerusalem, Israel on U. S. passports and other legal documents.
4. He would not have tried to prohibit Israel from building 10,000 new housing units in East Jerusalem.
5. He would not have prohibited Israel from expanding existing or building new settlements in the West Bank.
6. He would not have forced Israel to end its invasion of Lebanon before wiping out Hezbollah.
7. He would not have forced Israel to stop Operation Cast Lead in Gaza before wiping out Hamas.
8. He would not have alienated Prime Minister Benjamin Natanyahu, or probably even met with him.
9. He would not have sucked-up to Israel’s enemies.

You see, Ron Paul does not give a damn about Israel. He believes that is not our business.

Julian Heicklen
January 27, 2011

PROGRESS REPORT, 12–9–11

We are now Living in Stalin’s Soviet Union.

The Congress has just passed a bill by overwhelming margins to permit the President to arrest and detain any person indefinitely without a trial whom he deems to be a threat to the country.

1. Already it is the illegal immigrants and the presumed terrorists.
2. Next it will be the militias and gun owners.
3. Then the opposing press and intellectuals.
4. Then a Democrat President will dispose of the far right.
5. Then a Republican President will dispose of the far left.
6. Then come the atheists, Zoroastrians, and Rastafarians.
7. Then the Muslims, Jews, Hindus, Sikhs, Shintos, and Mormons.
8. Then the dissenting Christian clergy.

They will all be used as slave laborers until they die. If they do not die fast enough, then comes the gas chambers. Already the U. S. government is reopening the FEMA camps to house all of the new prisoners.

It only took about 15 years for Stalin and Hitler to accomplish this.

The good news is that I may die before they come for me.

Jury Tampering Case

As many of you know, I am being tried for jury tampering. On Monday, December 12, 2011, at 10:00 am, I was supposed to have a court hearing in front of Judge Kimba Wood at the U. S. District Courthouse, 500 Pearl Street, New York , NY 10007. Presumably the only issue to be discussed was the Constitutionality of the indictment. However the hearing has been postponed, until when or why I do not know.

The U. S. Attorney’s position is that:

Jury nullification is legal, but that jurors are not to be informed of this.

It is permissible to distribute my literature in a public forum.

The plaza in front of the courthouse is not a public forum.

All of my pertinent submissions to the Court are posted on my web page at:

http://www.personal.psu.edu/faculty/j/p/jph13/U._S._v._JPH_in_Manhattan_NY_12_08_11.html

To make sense of this you need two other documents which are attached. They are:

1. Memorandum of Law submitted by Sabrina Shroff
2. Response to her Memorandum by the U. S. Attorney

Chronologically, they precede my letter to Judge Wood and Reply Memorandum of November 29, 2011.

I have prepared a new flyer to distribute at federal courthouses. It appears at the end of this E-mail for your comments.

Another View

Stroock & Stroock & Lavan LLP (c.k.a. Stroock) is an American law firm based in New York City with approximately 350 lawyers in three offices, the other two being in Miami and Los Angeles. Stroock, founded in 1876, maintained an office in Boston from 1996 to 2000 and briefly maintained an office in Budapest as well.

Stroock was named “Law Firm of the Year” by Securitization News in 2005.

http://en.wikipedia.org/wiki/Stroock_%26_Stroock_%26_Lavan

Joel Cohen, a lawyer at Strroock & Stroock and Katherine A. Helm have written an article about jury nullification

(http://www.law.com/jsp/article.jsp?id=1202535168513&slreturn=1)

much of which attacks me as a person. Of more concern is their ignorance of the law. They state that: “It is a doctrine that encourages jurors to decide cases irrespective of the law given to jurors during trial.” Actually jury nullification does not encourage jurors to decide cases irrespective of the law unless justice is not being served.

They also state “Runaway jury verdicts would amount to little more than a random 12-person vote, where each person could vote their conscience, their pocketbook, a flip of their coin, or what have you.” This is a deliberate falsehood. Jury nullification only requires that the issue of justice be predominant. They do not seem to be equally concerned that a judge, prosecuting attorney, the President, or a police officer can dismiss for any reason whatsoever.

They further write: “But, for the U.S. Attorney’s Office prosecuting him, on a misdemeanor charge, for violating Title 18, U.S. Code, Section 1504 (“Influencing Juror By Writing”), Heicklen was intentionally, and very directly, seeking to impede the legal process by stopping jurors in their tracks.” This statement is incorrect for two reasons:

1. The statement in the code says: “influencing juror by writing or sending to him.” I do not send stuff to jurors.
2. I do not stop jurors in their tracks. I do not even know who jurors are. I only distribute literature to people that approach me.

They go on to state: “The truth is: That’s not the law. Our justice system is based on jurors following the law as instructed by judges. As the 2nd Circuit made exquisitely clear in U.S. v. Thomas, 116 F.3d 606, 614 (2d Cir. 1997):” Actually the Constitutions of both New York and New Jersey require the jury to judge the law as well as the fact. Several U. S. Supreme Court decisions and opinions have upheld this view.

This article is interesting for several reasons. Much of it attacks me as a person, which is irrelevant. The authors are completely ignorant of the Constitutional requirements for the Jury. They incompletely quote a statement in a statute to alter its meaning. They are willing to permit me to discuss my ideas where no jurors are present, in what are often called free speech zones. That is a euphemism which means where no-one interested in the information will be present.

The article was written by a lawyer in the “Law Firm of the Year,” a law firm with 350 lawyers and branches in several U. S. cities, presumably with the sanction of that firm. Is this the best that the legal profession can provide?

The Free Dictionary defines judiciary as “A system of courts of law for the administration of justice.” Most lawyers and all judges consider the purpose of a judicial system is to uphold the law, when its real purpose is to deliver justice. Law is only the means to that end, not the end in itself.

Michael Allison

Michael Allison was charged with five counts of eavesdropping in Illinois because he took pictures of police making arrests. Each charge carries a 15-year sentence, so Allison could have spent 75 years in prison. Subsequently the charges have been dropped. In 12 states it is a crime to photograph police making arrests.

(http://www.youtube.com/watch?v=mNlJYSIzjoU)

THE PRICE OF LIBERTY IS IMMEDIATE VIGILANCE

THE PRICE OF JUSTICE IS IMMEDIATE PUBLICITY

The time is now. Tomorrow will be too late. Yours in desperation—Julian

Late last year, federal prosecutors indicted a 78-year-old retired chemistry professor named Julian Heicklen for jury tampering, a misdemeanour that carried a fine and potential jail time of up to six months. They do not allege he influenced any specific juror on any specific case. Instead, his crime was passing out pamphlets in front of the federal courthouse in downtown Manhattan. The pamphlets contained information about jury nullification: which is a juror’s right or ability, depending on which side you ask, to vote not guilty regardless of whether the prosecution proved its case if that juror believes the law to be unjust (about which see my post of five months ago; I am still proud of having written what one commenter called “the stupidest, most socially irresponsible, morally and legally indefensible notion ever to grace the pages of The Economist”). Now, Mr Heicklen seems something of a crank: he’s smoked marijuana in order to get arrested but does not otherwise smoke; he asked that Muslims be excluded from any jury that tries him because he is Jewish and believes that “Islam preaches death to the Jews”; he has been fined for unlicensed pamphleteering half a dozen times in Manhattan and has also distributed nullification materials elsewhere. But of course, one man’s crank is another man’s hero, and, anyway, if the odious Fred Phelps has the right to disrupt the funerals of fallen soldiers (and he does), then a thoughtful, harmless guy like Mr Heicklen ought to be able to pass out fliers on the courthouse steps. Again, not in New York. Here he discusses being whisked away without citation four times; by far the creepiest part of which is his having been taken to psychiatric hospitals. There certainly have been regimes that abuse psychiatry and brand anti-government activists crazy, but I did not think I lived in one.

Apparently the brief (unsurprisingly) mentions this blog as well as my personal political blog: blog of bile. Before I created this site for Julian I had posted his and our updates there. If anyone gets a digital copy of the brief please send it my way.

But now prosecutors are offering their first detailed explanation for why they charged Mr. Heicklen, arguing in a brief that his “advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred.”

 “His speech is not protected by the First Amendment,” prosecutors wrote.

 “No legal system could long survive,” they added, “if it gave every individual the option of disregarding with impunity any law which by his personal standard was judged morally untenable.”

Hello Tyranny Fighters and Others:

Free! Free! Free at last! I am free at last!

I was arrested on August 22, 2011, for violating 2 court orders by passing out pamphlets at the the Orange County (Orlando, FL) Courthouse. I was brought before Chief Judge Belvin Perry where I was charged with indirect criminal contempt. I exercised my 5th Amendment right to remain silent. Judge Perry plead not guilty on my behalf, appointed me counsel to represent myself, but set no bond amount. I spent the next 3 weeks in the Orange County jail.

On September 1, 2011, I had my trial before Judge Perry. He acted as both judge and prosecutor, as well as being a litigant. He found me guilty and sentenced me to 141 days in jail. I notified him that I would appeal, so he set a bond hearing date on September 12, 2011.

I hired Adam Sudbury, a criminal defense lawyer in Orange County, as my lawyer. He represented me at the bond hearing. I was released for $12,000 bail.

A more detailed report of the incident, court appearances, and stay in the Orange County jail will be sent in the next couple of weeks. Meanwhile, I am swamped with about 4000 unread E-mails. Furthermore I am swamped with a backlog of other matters. I am involved in 3 law suits, of which I am my own counsel in 2 of them. I also am the Libertarian Party candidate for the NJ 37th assembly district, so I will devote most of my time to this. I will not be engaged in any more Tyranny Fighter activities until after the election on November 8, 2011. However, I am not going away. Like General MacArthur, I shall return.

However, you will not receive rapid replies to your e-mails. It may take until the first of the year to process and respond, as necessary, to all of these. Keep up the struggle without me for a few months.

Yours in freedom and justice—Julian