Help me Help others……
SPECIAL ANNOUNCEMENT: TITLE 18 USC LAWSUIT – TONY DAVIS
A MOST IMPORTANT CALL
www.FreedomsRadio.com
9pm EST / 6pm Pacific Tuesday
M A R K Y O U R C A L E N D A R
The following is an eMail exchange between Mrs. Edgar j. Steele and Michael Edward with commentary from another eMail exchange between Tony Davis and Patty Levy. IT IS VERY IMPORTANT YOU UNDERSTAND THIS SIGNIFICANCE.
Dear Mrs. Steele
I am Michael Edward.
We’ve communicated in the past where I offered to work with you for Edgar’s release utilizing the power of Statewide Communications found at www.AmericansWithPitchforks.com. [AWP]
Under that umbrella you will find www.PoliticalPrisonersOfAmerica.com.
This is where I thought I may be the most help.
It occurred to me, when I received this eMail below that ES may very well be interested in seeing what Pro Se’s do ‘outside the box’.
One of the web sites under AWP is www.YourRemedyIsInTheLaw.com and this is the type of work that flows from that assembly.
The following very well pertains to anyone who is presently incarcerated under federal 18 USC.
Frankly, I wouldn’t normally think to share this with an attorney, however, giving Edgar’s situation, he may wish to take a look at it, regardless.
Attached is the email from Levy's wife. His attorney screwed up on the grand jury argument. You never ask for grand jury records. You show the court why the grand jury proceedings were invalid.
If I had know he was going to use an affidavit from me, I would have told him not to. It is hearsay.
The rest of the exhibits are government records and are self-authenticating. Loraine Miller statement is easily fixable. We can talk about that tomorrow night.
----- Forwarded Message -----
From: Patty Levy
To: Abogado Ray
Sent: Sunday, October 30, 2011 5:39 AM
Subject: Raphael Levy777
Good News and Bad News, the bad news is I am still here. The judge Denied the Motion that Mr. Perez put in for the Grand Jury Transcripts...in open court today...The Good News is that the Judge took everything very seriously - He accepted the Reply and all of the Exhibits, with the exception of your Affidavit....The judge drilled me on the predecessor of title 18 (1948) the 1909. My respond was the Fair Warning Doctrine...which prevents any district court from obtaining jurisdiction pursuant to the 1909 codification of Title 18. He also drilled me and Title 28 Public Law 80-773 of June 25, 1948.The judge hit me hard with exhibit D the last paragraph.... "HR 3190 was passed by the House and Senate on June 18 1948, and became Public Law 80-772 on June 25 , 1948......" perhaps we can get some clarification from Lorraine Miller. The last thing was that the Judge order the government to respond and address all of the Exhibit by Nov. 23 , 2011 and gave me one more chance to reply to the government by Dec 10. 2011.Please let me know what you recommend I do for now.....thank youRRL-777
CLASS ACTION
A. Class Action Being Filed
The most significant challenge to federal court jurisdiction is being
filed shortly as a class action challenging the jurisdiction of the DOJ to incarcerate federal prisoners. LAW is a group dedicated to the preservation of Constitutional and Human Rights. The lawsuit, in D.C., seeks expungement plus $3,000/day/person. Cost is $2,000 to cover expenses.[1]
B. The Challenge
Our group has obtained and verified the evidence directly from
Congress that Public Law 80-772 was never passed by Congress, the only statute which gives the court jurisdiction to indict and convict on any crime (Title 18, Title 21, Title 26). No court has addressed the challenge as presented properly[2], nor the evidence obtained by us directly from Congress. Over 3 years, all administrative and court remedies have been exhausted.
C. Bond Opens the Door
One of the most significant cases in recent history related to jurisdiction and the right to challenge a federal statute was ruled on by the Supreme Court on June 16, 2011. In Bond v. United States, No. 09-1227, the Supreme Court, in a 9-0 decision, ruled that Bond had “standing to challenge a federal statute on grounds that the measure interferes with the powers reserved to States”, pg. 3-14. “Anything in repugnance to the Constitution is invalid or unlawful”. Bond, supra.
Bond now opens the door for us to challenge 18 USC section 3231, part of the enactment of Title 18, which states: “The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.” Without the validity of 18 USC § 3231 a federal court must revert the powers of the federal courts back to the states. The Bond ruling provides standing for anyone to challenge 18 USC § 3231 and any crime that could have been tried by the state where you would have received less time (in many cases the state decided not to prosecute at all). See U.S. v. Sharpnack, 355 US 286 (1957). " It further specifies that "Whoever . . . is guilty of any act or omission which . . . would be punishable if committed or omitted within the jurisdiction of the State . . . in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like [federal] offense and subject to a like punishment."
D. Services Provided By LAW
Class action challenging jurisdiction
Bond v. U.S. petitions for a reduction or elimination of sentence.
3582 crack motions.
28 USC § 2255 motions
28 USC § 2241 petitions
Complete case investigations
WHAT PEOPLE SAY
“I heard your show last night. You were awesome!!” Joe F. Cal., 9/28.11. (LAW has been on radio talk shows 6 times in the last few weeks explaining the class action.)
Over 50 wins!
Only research group accepted directly 5 times on habeas into Supreme Court!
“What you wrote is awesome!” Habeas, NDCal, 8/25/11. Karen F.
Massive Grand Jury Fraud uncovered! C.D.Cal., 6/1/11.
“You’re known for not quitting until you get results.” G. Spry, S.D.W.Va., 6/10/11.
Revised 10/22/11
WHY THE BOP DOES NOT WANT YOU TO JOIN THE CLASS ACTION
After 9 years of research, we have established conclusively by fact and law that Public Law 80-772 was never enacted by Congress, which contains 18 USC § 3231, the only statute allowing a court criminal jurisdiction, making illegal any charge or conviction.
The BOP admitted that in an internal memo from Harley Lappin, BOP Director (below). The facts in the memo have been verified. Thus any court has no jurisdiction to sentence. The BOP Budget for FY 2011 is $6.8 Billion, a 10% increase from 2010.[3] We have already caught one warden giving legal advise.[4] “Trust me, I am from the government.” Or is it about money? Below is memo:
From: "Harley G. Lappin"
“Attention all Department Heads, there has been a large volume of inmate Requests for Administrative Remedies questioning the validity of the Bureau's authority to hold or classify them under 18 U.S,C, §§ 4081, et seq., (1948). On the claim that Public Law 80-772 was never passed or signed In the presence of a Quorum or Majority of both Houses of Congress as required by Article I, § 5, Clause 1 of the Constitution, Although most courts have, thus far, retied on Field v. Clark, 143 U.S. 649(1892) to avoid ruling on the moots of these claims, however, there have been some which have stated that they were not bound by the Field case, but those cases did not involve any Quorum Clause challenge. So out of an abundance of caution, I contacted the Office of Legal . Counsel, the National Archives and the Clerk of the House of Representatives to learn that there is no record of any quorum being present during the May 12, 1947 vote on the H.R. 3190 Bill in the House (See 93 Cong.Rec. 5049), and the record is not clear as to whether there was any Senate vote on the H,R. 3190 Bill during any session of the 80th Congress, There is only one Supreme Court case that says in order for any bill to be valid the Journals of both Houses must show that it was passed In the presence of a Quorum. See United States v. Ballin, Joseph & Co., 144 U.S. 1, 3 (1892). The Clerk of the House states that the May 12, 1947 vote was a 'voice vote,' but the Parliamentarian of the House states that a voice vote is only valid when the Journal shows that a quorum is present and that it's unlawful for the Speaker of the House to sign any enrolled bill in the absence of a quorum. On May 12, 1947, a presence of 218 members in the hall of the House was required to be entered on the Journal in order for the 44 Member 38 to 6 voice vote to be legal. It appears that the 1909 version of the Federal Criminal Code has never been repealed. Therefore, in essence, our only true authority is derived from the 1948 predecessor to Public Law 80-772. "Although adjudication of the constitutionality of congressional enactments has generally been thought to be beyond the jurisdiction of federal administrative agencies, this rule is not mandatory," according to the Supreme Court in the case of Thunder Basin Coal Co. v. Reich, 510 U,S, 200,215 (1994), Therefore, the Bureau under the advise of the Legal Counsel feels that it is in the best interest of public safety to continue addressing all of these Administrative Remedy Requests by stating ,that only the Congress or courts can repeal or declare a federal statute unconstitutional.”
Revised 10/11/11 ©2011
[1] The BOP receives about $100+ per day for each day a person is in prison. Funding comes from Congress. Lappin knew about the problem at the latest in 2009, exercised his “discretion” to leave people in prison, then the BOP submitted their FY2011 budget for $6.8Billion without advising Congress of the problem.
[1] It is understandable that the BOP is concerned. BOP was required to notify Congress re 2011 budget they had a major problem, and ask Congress to address it. Instead, concealment. Obstruction of Congress???
UPDATE ON CLASS ACTION LAWSUIT
A. All administrative remedies have been exhausted
LAW specializes in the preservation of Constitutional and Human Rights. As of August 31, 2011, LAW had exhausted all administrative remedies related to the class action lawsuit as well as all court remedies, thus freeing up LAW to file the class action.
B. Number of People on the Lawsuit
We currently have about 250 people on the class action. We anticipate having approximately 500 prior to filing. The brief has already been written and will be filed in the next few weeks. Anyone wishing to join should contact us immediately.
C. The Bond Case has Opened the Door
In their 9-0 ruling in Carol Ann Bond v. United States, 09-1227, the Supreme Court stated that any act of Congress repugnant to the Constitution is void. Lower courts are required to follow Supreme Court rulings, and we have seen an improved attitude in district courts after the Bond ruling regarding jurisdictional challenges. We currently have filed an amicus curaie brief in a case in Denver, a case in New Jersey, the government has waived argument on a habeas case in Houston, and the district judge in Miami has stated on the record that if the facts could be proven, the person would be released. One of the members of LAW has been interviewed on 6 radio talk shows regarding the petition.
D. Request for Declatory Judgment
As part of the class action lawsuit, LAW will also file a request for Declatory Judgment pursuant to 28 USC § 2201, et seq., in order to force the court to research the Congressional records and declare the statute invalid.
E. Who Is Eligible
Anyone charged with a federal crime since 1948, pretrial, post-trial, or released.
From: Edgar J. Steele
Sent: Monday, October 31, 2011 7:04 PM
To: Thee Scotsman
Subject: Announcement and two messages from Edgar Steele, 10/31/2011
Our message today contains an announcement and two documents.
ANNOUNCEMENT: North Idaho TV station KXLY will air an interview with Mr. Steele, in prison on Thursday, Nov. 3rd at 6:00 pm. It is likely that the interview will be accessible via their web site http://www.kxly.com, if you wish to watch.
The first document is a Press Release which highlights the submission by Mr. Steele of his petitions to the US Supreme Court. Said petition is available to view on the Free Edgar Steele web site. The second document is Mr. Steele's latest installment for chapter 7 of his planned book, "Evil Edgar".
A heart-felt thanks goes out to all of Mr. Steele's supporters who helped so eagerly with the letter-sending campaign in recent weeks. The campaign has not ended; if you'd like to send letters to the USSC, check out our web site! Thank you.
============================================
POLITICAL PRISONER EDGAR J. STEELE PETITIONS U.S. SUPREME COURT
Moscow, Idaho, October 31, 2011 - Convicted in another U.S. government show trial this year, author and attorney Edgar Steele will ask the highest court in the land to address non-written rules that allow unlawful and unconstitutional intrusions into what should be completely private attorney-client communications. In the Petition, U.S. Supreme Court Case Number 11-7108, filed today, Mr. Steele champions the rights of all federal detainees whose confidential letters and discussions are regularly recorded, intercepted and passed on to prosecutors and judges in spite of well-established court regulations to the contrary.
Mr. Steele was arrested June 11, 2010 based on an FBI-manufactured informant's report that Steele wanted his wife of 25 years – as well as his wife's mother – killed. Steele's long-time handyman Larry Fairfax was enlisted by the FBI to entrap him, through the use of hidden microphone recordings which supposedly the two men had just prior to his arrest. Many who watched the trial, which ended May 5, 2011, observed that it was a ‘kangaroo court' proceeding with the judge excluding all evidence favorable to Mr. Steele.
In an Affidavit filed with the trial court in August, former attorney, Mr. Robert McAllister, once a U.S. prosecutor, admitted that he was wholly ineffective as Mr. Steele’s counsel and failed to offer even a fraction of the available proof of innocence. Mr. McAllister, who declared bankruptcy in March, was disbarred in Colorado shortly after the Steele trial because of embezzlement of client funds. His Affidavit cited his anxiety over the pending disbarment as the reason for non-performance at the Steele trial.
The U.S. Supreme Court Petition filed today by Mr. Steele does not address ineffectiveness of counsel, rather it seeks dismissal because the judge, the US Marshals Service and the prosecutor colluded to enforce new “rules” of procedure that were not pre-approved by the high court. These new rules allowed recording of Mr. Steele’s conversations with his attorneys, so that the prosecution team could anticipate and counter his every move.
Supposed murder-for-hire target, Cyndi Steele (Edgar's wife), has asserted unwavering confidence in her husband's complete innocence. She has publicly denounced as fabricated the recording “evidence” of her husband supposedly directing handyman Fairfax to arrange her demise. This case gained national notoriety when a pipe bomb planted by the government informant was found attached to Mrs. Steele’s car during an oil change the day of her husband’s first hearing, June 15, 2010, in Coeur d’Alene, Idaho.
A 40-page combined Petition for Writs of Mandamus and Prohibition, plus 194 pages of supporting documents in an Appendix were submitted to the U.S. Supreme Court. This could be a landmark case. But, if the USSC refuses to hear the Petition, it sends a message to lower courts and prosecutors that they can, without restriction, make up their own rules and function outside the Constitution; especially when they seek conviction of the innocent who have proven to be politically incorrect. Steele says that prosecuting him was “pay-back” for his years of defending those who had been attacked by an oppressive government.
Mr. Steele's sentencing hearing on mandatory prison terms totaling sixty or more years, is set for November 9th. In approaching the Supreme Court, he requests dismissal of the 4-count conviction, or a new trial where the old “tainted” files are sealed and a new prosecutor and judge are restricted from gaining defense strategy through eavesdropping. A new trial would also allow
introduction of audio forensic analysis by experts, showing the Fairfax hidden microphone recordings are unreliable and have been manipulated (or even manufactured) by the FBI.
For more information, visit the FES web site or contact Robert Magnuson, Vice-President of the Edgar Steele Defense Fund, at: 208-304-6608
============================================
You Only Think You’ve Got Rights
No Attorney-Client Privilege (Part VIII)
by Edgar J. Steele
October 31, 2011
I like to say that, while we never want to repeat boot camp, always we are glad to have had the experience. Jail is (way) different. Never will I say that I am glad I spent this time in jail. Perhaps a week or two in jail, at most, would be instructive for many of us, but extended imprisonment simply exacts too great a personal toll to justify the lessons it teaches.
The Real Cost of Imprisonment
Don’t Do the Crime if you Can’t Do the Time?
No. Don’t do the crime, to be sure, but “serving” time simply makes no sense for, perhaps, 95% of all current prisoners in America. Serving time creates massive unemployment (ex-convicts are unemployable), turns ordinary people into “nothing to lose” criminals, hardens petty truants and mischief-makers into genuinely dangerous criminals, fuels the exploding use of drugs throughout America and costs an ever-exploding share of federal, state and local budgets (America’s prison population has tripled during the last two decades).
Nor is the cost restricted to government. The War on Drugs inexorably becomes a war on Americans, with drug users criminally seeking money for their habits and law enforcement officers desperately trying to advance themselves and their departmental funding. America’s prison industry (yes, that is exactly what American jails and prisons have become) now is a huge slavering, self-sustaining beast, out of control and growing ever-faster as its product (discontent, resentment, rebellion and hopelessness) increasingly provide its own raw material (ordinary people-cum-criminals).
The Criminalization of Innocence
Worse, even ignoring those jailed for victimless “crimes” (drug users, tax avoiders/evaders, etc.), a huge and growing segment of America’s prison population consists of people who are innocent! How could it be otherwise, after all, with the Feds’ 97% conviction rate and a tripling of American prisoners in just 20 years?
I have been telling you how they’re doing it to me. I face 60 years, minimum, for a crime I did not commit; a crime with no victim, no damage and the self-confessed perp already serving his 2-year sentence (a slap on the wrist in exchange for his false testimony against me). No – actually, there was some damage: $45,000 in silver bullion stolen by the perp from my wife (the victim) and myself.
From the beginning, my wife (the “victim,” don’t forget) resolutely has stood by my side, proclaiming my innocence to the world, despite the massive federal effort to put me away for the rest of my life.
60 Years!
Murderers routinely are released from prison after serving 6-8 years, but no less than 60 years is what our government says I deserve for the (non) “crime” I committed against nobody, least of all my biggest supporter: my wife. 60 years! Think about it for a moment.
What’s more, the government repeatedly has lied, cheated and stolen during its scorched-earth campaign against me, a genuine American political dissident. There are so many stories of government treachery in my case that I could tell you (not to mention many other cases I have handled, mostly pro bono, during my 30-year career as a trial lawyer).
How They Do It
In the last 7 weekly installments, I have been serializing part of a chapter from my upcoming book, Evil Edgar. I have told you precisely how the feds and the judge illegally, unethically and unconstitutionally have denied me the right to confidential communications with my attorneys, while using the information they illegally obtained by eavesdropping against me – before, during and after my trial.
Of All Things, a Writ Petition
With the deck totally stacked against me, I feel like a drowning man, going down for the third time. Desperate times call for desperate measures, so I have just unleashed the “Hail Mary” of all legal maneuvers. This past week, I filed a Petition for Writ with the U.S. Supreme Court, highest court in America.
U.S. Supreme Court Writ petitions almost never are granted, I was taught over 30 years ago in law school. I recall the image conjured by my law professor then, of a mail-room clerk stamping “Rejected” on all the just-opened envelopes holding Writ petitions.
What else can I do? The very same Federal District Court judge who refused to allow me to put on any sort of defense at trial now is bent upon denying me confidential access to any appellate attorneys to help me with my appeal, due out in 3 weeks.
My combined Petition for Writs of Mandamus (tell ‘em to do something, Supremes) and Prohibition (tell ‘em to stop doing something else) concerns only the topic of the last seven installments: the illegal invasion and denial of my 5th and 6th Amendment right to confidential “assistance of counsel.”
Predictably, my petition for writ is a substantial legal filing. Go here for a copy of the Writ petition. Go here for a 23-page, plain language, synopsis of the governmental wrongdoing that led me to file this petition.
What I Want
Here, in brief, are what I ask from the U.S. Supreme Court via my just-filed petition:
1. Writ of Prohibition – Order this trial court (others, too) to stop enforcing the unwritten U.S. Marshals Service policy that allows the Feds to eavesdrop, record and copy all communications (written, telephonic and in-person) between federal detainees and their private (as well as “of record”) lawyers.
2. Writ of Mandamus – Order the outright dismissal of my case or, in the alternative, a new (and, hopefully this time a fair) trial, because of the extensive governmental and judicial misconduct that has taken place.
You Can Help
Please help in drawing attention to my Petition for Writs, thereby enhancing the chance that the Supremes will agree to schedule it for hearing. Go here for a letter to supporters describing how to join our letter-writing campaign to the Supreme Court justices, Presidential candidates, congressional leaders and mass media outlets.
Let’s face it – since they have eliminated virtually all of the “Movement” leaders and now are imprisoning Movement lawyers, too, just who do you suppose will be there to help when the Feds come for you?
If we can just get the U.S. Supreme Court to hear my Petition, then it certainly will grant it. That would make a huge difference to thousands of federal detainees, both now and going forward. We would strike a genuinely history-making blow for liberty in our time.
I still wouldn’t be able to say I am glad to have spent all this time in jail, but I would be proud of the outcome. Very proud.
Together
Together, we can do this.
Together, we can make a difference.
Together, we can strike a blow that, just maybe, will begin America’s march back from the very precipice of outright, full-blown tyranny.
Join us.
Copyright ©2011, Edgar J. Steele
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[1] A Major federal judge has agreed to hear the issue on October 28, 2011and release person upon evidence. A second major federal judge issued a show cause order to government; government waived argument.
[2] The Enrolled Bill Rule, Field v. Clark, 143 U.S. 649 does not apply to a proper challenge, because Munos Flores, Clinton v. N.Y., and Bond v. United States, all S.Ct. overturned Field v. Clark.
[3] The BOP receives about $100+ per day for each day a person is in prison. Funding comes from Congress. Lappin knew about the problem at the latest in 2009, exercised his “discretion” to leave people in prison, then the BOP submitted their FY2011 budget for $6.8Billion without advising Congress of the problem.
[4] It is understandable that the BOP is concerned. BOP was required to notify Congress re 2011 budget they had a major problem, and ask Congress to address it. Instead, concealment. Obstruction of Congress???
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