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-Caveat Lector-
Since I am facing a similar situation, with the same lack of legal protections, I am passing this on to allow you to learn what is happening legally with this recent high profile case which made the front page yesterday in Portland's "Oregonian". The Sheeple are being conditioned to turn in anybody by the large Heading on yesterday's Oregonian paper. The Heading to the front page story takes up a 1/4 of the page(!!) and says, "A parking lot attendant. A bagel-maker. A devoted mother. A student of international affairs. A restaurant manager. And a guy who used to sell Mary Kay cosmetics. As new details emerge, they look more like amateurs than terrorists... IS IT POSSIBLE THEY ARE BOTH? "  (That's a long heading.)  
 
A woman in Washington who called the FBI because some of the people who were arrested asked her for directions. I listened to her interview. They were wearing Moslem clothes so she said they were suspicious looking and she didn't feel good about them so she called the FBI. And this lady is being treated as a hero.(!!) Obviously the controlled establishment media wants to encourage America to be a snitch society. Stalinist Russia here we come.
 
While all the coverage of me has been totally one sided, and I too have been labelled a terrorist; I have not had the widespread attention the following big case is getting. While I know nothing of the guilt or innocence of the following people, what our attention should be drawn to is that people like this no longer have legitimate legal protection, and it is sincerely questionable whether real guilt will ever be determined when any snitch and any rumor can be paraded as fact.  It was not that long ago that people who lived behind the Iron Curtain had to live in constant fear of everyone else. Everyone ratted on everyone else. No one could enjoy life.
 
----- Original Message -----
Sent: Monday, October 14, 2002 12:41 AM
Subject: FEDS CREATING CHAOS IN OREGON TO EXPLOIT FEAR, PROTECT FROM TERRORISTS......

 
Today: October 13, 2002 at 11:00:14 PDT
 
Feds Creating "Terror" to enforce agenda in Oregon
No Evidence - no standard of law necessary in Fed Court Exploiting FEAR
 
(note after AP Release)
Hearsay Allowed in Conspiracy Cases
 
By WILLIAM McCALL
ASSOCIATED PRESS
 
PORTLAND, Ore.- Two key exceptions to general criminal law may allow prosecutors to use even weak evidence to build a case against a dozen suspected terrorists charged in Oregon and New York, legal scholars say.
 
Unlike most crimes, proof of conspiracy does not require an actual crime and hearsay is allowed.
 
"In the legal world, conspiracy is called the 'darling' of prosecutors," said Robert Precht, a University of Michigan law professor and a defense attorney in the 1993 World Trade Center bombing.
 
"It's the closest American law comes to a 'thought crime' because the paradox of conspiracy law is there need not be any crime at all," he said.
 
Instead, all that is needed is evidence that two or more people agreed to commit a crime and took at least one step called an "overt act" - however trivial and even perfectly legal - toward planning that crime or carrying it out.
 
"There have to be overt acts in pursuance of the conspiracy but those overt acts can be perfectly innocuous things, like getting on a plane at JFK, so you don't need a lot," said Abraham Sofaer, a
Stanford law professor, senior fellow at the Hoover Institution and former legal adviser to the U.S. State Department.
 
Also, the nearly ironclad legal principle that bars hearsay - testimony by one person who was merely told what another person said - does not apply to coconspirators, said Phil Heymann, a Harvard law professor.
 
"Any statement by any conspirator is treated as a statement by all of them and is an exception to
hearsay," said Heymann, a former deputy U.S. attorney general.
 
The six people indicted earlier this month in a terrorism investigation in Oregon faces charges of
conspiracy to levy war against the United States, conspiracy to provide support to al-Qaida, and
conspiracy to contribute services to al-Qaida and the Taliban.
 
In New York, the five suspects arrested last month in the steel town of Lackawanna and a sixth arrested in Bahrain - all U.S. citizens of Yemeni descent - are awaiting indictment under the same conspiracy law, according to the FBI.
 
Attorney General John Ashcroft called the Oregon arrests "a defining day in America's war against terrorism," claiming the government has "neutralized a suspected terrorist cell within our borders." 
 
But Heymann argued that facts disclosed so far show a group of disenfranchised young people, mostly black Americans who have converted to Islam. Some in the group went target shooting at a gravel pit in Washington state, then tried to go to Afghanistan but failed to get into the country, and exchanged some e-mail about their travels and some cash.
 
"They look like very small potatoes, like full-time losers," Heymann said. "That doesn't mean that losers can't do damage, but to claim this is a defining moment?"
 
An attorney for one of the Oregon suspects says the government has no case. Defense lawyers say the men arrested in New York days after the Sept. 11 anniversary are victims of misinformation who pose no danger.
 
The New York case may have more serious implications because all six are accused of training at a terrorist camp in Afghanistan, said Todd Gaziano, director of the Heritage Foundation center for legal and judicial studies in Washington.
 
Even though all the suspects may have traveled legally and committed no actual crimes or violence along the way, the group mentality is considered the greatest threat under conspiracy law, Gaziano said.
 
"The reason the criminal law makes an exception for conspiracy is that once the conspiracy is formed, the participants aren't free to back out," Gaziano said.  "Normally, you're not guilty of a crime until you attempt it, but in a conspiracy, once you've formed the agreement, you've taken that step."
 
Gaziano said prosecutors may be withholding much stronger evidence in the Oregon case at this point for fear of harming other anti-terrorism efforts.
 
"It's a special dilemma that prosecutors face in conspiracy cases with intelligence sources," he said.
 
If convicted, all 12 in Oregon and New York could feel the full weight of federal criminal sentencing guidelines even though no actual violence may have been committed, said Frank Zimring, a University of California at Berkeley law professor.
 
"It's not a question of whether we're going to lock them up," he said. "The question is, are we going to lock them up and toss away the key,"
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Spinning Oregon Media
Exploiting the FEAR factor
 
It is apparent that intentional efforts are being made in Oregon by the government to create chaos, to give the TV bite we saw with Congressman running-for-re-election Gordon Smith, with US Attorney in Oregon and Ashcroft saying "THIS IS OUR DEFINING MOMENT' and Smith saying "COORDINATION OF STATE AND FEDERAL AGENCIES WORKING TOGETHER FIGHTING TERRORISM".
 
If there be evidence against these defendants, let it be brought out and fully and openly disclosed as is their right that the Public Right to Know is upheld and we watch and see as their rights are violated in the court.
 
The AUDACITY of the elitists at the BAR to openly state that hearsay is "legal".  This violates the Oregon Rules of Civil Procedure and Criminal Standard of Clear and Certain in a Courtroom, as well as all the Federal  Codes and standards of law in a trial in America (or we thought).  We have made the case for years that the children are being removed without standard of law, also with "rules" that "allow" hearsay and seizure without judicial due process.   We have seen in the last year they have stopped saying "under penalty of perjury" in the courtroom, nor do they say "the truth, the whole truth and nothing but the truth so help me God"  .....   they give lip service now in Oregon, one judge saying "do you promise to tell the truth?" that was it.
 
The standard of truth is compromised as they are openly admitting.  The Law, the ONLY Law, is the Constitution and these individuals in the court have no authority to make "new rules".   Specifically Ancer Haggerty, the federal judge put on this case and the presiding judge in the District Couthouse in Portland, is a CRIMINAL.  We have in our own case a jury verdict of GUILTY OF CONSPIRACY against many agents and officers in Marion County, and Ancer Haggerty since l999 has deprived our redress in the federal court.  Haggerty, upon review of the evidence and after six other federal judges threw the case for a year to each other, said the typical :failed to state a claim" and denied all rights for us in the court.  We have a case open at this time with this man, and he is protecting criminals, while at the same time appearing to be the "judge who is fighting terrorism for Bush in Oregon".
 
I am glad that these people have a support group and that they all pay close attention to the exploitation that is going on.   The "terrorist caught at the airport" with TNT then there was no TNT.   The "terrorist cells in oregon", the "anthrax at the capital" last month that did not pan out.  The giant fires that they tried to make in to an emegency but did not really devastate the state...... Last year the Klamath mismanagement for electricity prices - now catastrophic fish kills, while farmers and fish have cohabited there since l9l0 before now.   Each of these events have been breaking in the news like calamities - the dock strike, first agreed on by the workers and when that did not flash point out, the owners stepped in to create chaos, for Bush, the using of an old legal maneuver that was not necesary, and to create headlines about the National Guard taking over the docks, now apparently settled without too much disruption of the US Economy....... but then they feel more like schemes that did not foment enough fear to pull  them off credibly.  From here it looks like some real experimentation to see what works and find any way possible to compromise the People, just as we are waking up to extreme fraud that has been perpetrated on us for a long time.  We see now we have been plundered,  to the profit of a few and the exploitation of the rest of our rights.
 
All this while the REAL economic news is that the FRAUD that has been being conducted is nowhere more outrageous than in our own government.  It is TIME to clean house and start excercising our Inhernet Rights that these courts and officials have only been giving lip service to.
 
The Federal  court is openly admitting that there is no standard of Law in the courts.  We and others have seen this for some years now, deteriorating rapidly in the last two years with the implementation of the Justice 2020 Scheme, the Administrative Corporate Courts now in place.   Justice, if found, is at a price.
 
The Justice Dept. has been set on an agenda in Oregon specifically since March 2000, and agressively since November 2001, to bring Oregon in line with the federal compromise of state authority, as constitutionally is required for state intervention by the federal government. 
 
In the legal papers in USA v Oregon Bar, 2001, (on our website www.avoiceforchildren.com, also called the Lie Cheat and Steal lawsuits) the government attorneys state that it is "imperative" that Oregon be brought into the "Patriot Act" new rules being enforced.  Oregon Police refused to participate in interviews where the people had not commited any crime.
 
Lawfully, the feds are to come into the state through the state offices and then they go to someones home and with a lawful warrant arrest the person.  The feds are constitutionally not allowed to attach to the freeborn natural people in their states/Republics, without a crime, evidence of a crime as set forth in a lawful warrant DISCLOSED to the defendant, Bill of Rights protections of judicial due process in place.
 
We are watching this closely, and since the court has openly stated that they are using hearsay and no crime is even necessary  to convict people now, we have more than enough evidence, ALREADY HAVING A JURY VERDICT OF CONSPIRACY, credible evidence - NOT HEARSAY - in our case that will send a whole racketeering network to jail including this judge Ancer Haggerty, for treason and other capitol offenses.   This is all in the same court at this time, as well as the case of Hartford VanDyke and John Nolan, questioning the jurisdiction of the unconstitutional court sending people to prison without a standard of judicial due process of Law.
 
It is ALL in the Process, how the courts allow themselves to operate on one set of rules,  yet convict people of lesser "crimes", even jail for contempt for asserting that you have any rights at all.  We see now how they manipulate their outcomes, usually settling to avoid jury trials, and then the facts don't come out, and the fraud of the government stays protected by fellow BAR members for the defendants as well as the state who protect the system.
 
pamela gaston, a voice for children
 
 
 
 
 
 
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Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A>

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