Time: Sun Aug 17 12:55:52 1997 Date: Sun, 17 Aug 1997 12:51:36 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in toolbar] Subject: SLL:CC:GILBERTS.ZIP Cc: [address in toolbar] compressed with -ex option (use extra compression) and encoded with BinHex (I can also encode with MIME and Uuencode) /s/ Paul Mitchell http://www.supremelaw.com Legend: SLL = Supreme Law Library CC = Court Cases GILBERTS = U.S.A. v. Gilbertson, Gilbertson v. U.S. et al. .DIR = DOS directory suffix (user convention) Attachment Converted: "C:\ATTACH\GILBERTS.zip" ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in toolbar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]From ???@??? Sun Aug 17 15:26:33 1997 by usr01.primenet.com (8.8.5/8.8.5) with SMTP id OAA03940; Sun, 17 Aug 1997 14:34:26 -0700 (MST) Date: Sun, 17 Aug 1997 14:33:04 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Hawks v. County of Butte (attacks judicial immunity) >Date: Sun, 17 Aug 1997 15:59:00 -0700 >To: (Recipient list suppressed) >From: Paul Andrew Mitchell [address in toolbar] >Subject: SLS: Hawks v. County of Butte (attacks judicial immunity) > >Dear Friends, > >I have just finished editing the >OPENING BRIEF by Dixianne Hawks >to the Ninth Circuit Court of >Appeals. I worked on this case >for about 4 months. It makes for >some very stirring reading in >places. > >There is another file set to follow -- >the failed Petition to the U.S. >Supreme Court for a Writ of Mandamus >to the Ninth Circuit. > >/s/ Paul Mitchell >http://www.supremelaw.com > >p.s. My .ASC suffix means ASCII with >line breaks at the end of each line. >Attached .ASC file is encoded in BinHex. Attachment Converted: "C:\ATTACH\APPEAL9C.ASC" ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]From ???@??? Sun Aug 17 15:30:01 1997 by usr01.primenet.com (8.8.5/8.8.5) with SMTP id OAA04464; Sun, 17 Aug 1997 14:40:12 -0700 (MST) Date: Sun, 17 Aug 1997 14:38:57 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: SAFAN NO. 621. Justice Dept. Closes Probe of Ruby Ridge (fwd) <snip> > >JUSTICE DEPT. CLOSES PROBE OF RUBY RIDGE: >Evidence Found to be "Insufficient" to Charge FBI Officials >Involved in '92 Siege > >by George Lardner Jr., Washington Post Staff Writer > Saturday, August 16, 1997; Page A08 The Washington Post > >[Posted by Carl Klang (carl@klang.com) > >See SAFAN 622 - "Ballad of Randy Weaver" ...NO!!! We will NOT forget!!! > >The Justice Department said yesterday it has failed to find sufficient >evidence to support further prosecutions of FBI officials for the fatal 1992 >siege at Ruby Ridge, Idaho, or for a subsequent coverup of the bureau's >mistakes in the mountainside standoff. > >Closing down what it called an "exhaustive" two-year criminal investi- >gation, the department announced in a statement that disciplinary >actions against four high FBI officials and perhaps others unnamed still >were possible, but it shut the door on any indictments. "While the >prosecutors conducted a thorough, nationwide investigation," the >department's statement said, "the evidence was insufficient to warrant >a criminal prosecution." > >The eight-page announcement was worded cautiously and markedly >mild in comparison with a 1995 Senate report on the tragedy, and even >with pronouncements by FBI Director Louis J. Freeh, who called the >bureau's performance during and after the standoff "terribly flawed." > >On Capitol Hill, there were immediate expressions of dissatisfaction with >the Justice Department announcement and quick calls for an oversight hearing >to review the matter. > >"We had our [Ruby Ridge] hearings two years ago," said Sen. Arlen >Specter (R-Pa.), who directed the congressional probe. "This is no way >to run the Justice Department. You've really got to wonder what's going >on over there." > >Gerry Spence, the lawyer who successfully defended Randy Weaver, >the white separatist [!!!] who was the target of the Idaho siege, was >harsher in his assessment. "All people, law enforcement or citizens, are >bound by the same rules, unless, of course, you are a federal official," >Spence said in a statement. "Then you can kill at will? Kill at random? >. . . Who will protect us? Who can cage the beast?" > >During the siege, which began five years ago this month, an FBI sniper, >Lon Horiuchi, killed Weaver's wife, Vicki, while she was holding her >baby daughter at the doorway of their cabin in northern Idaho. Horiuchi >said he did not see Vicki Weaver, and said he was aiming at a Weaver >family friend, Kevin Harris. FBI snipers at Ruby Ridge were acting under >unprecedented, shoot-to-kill "rules of engagement" covering any adult >male seen in the vicinity of the Weaver cabin. > >The Justice Department's criminal investigation began three years >after the siege and was spurred by lengthy administrative probes that >indicated at least one high-ranking FBI official, E. Michael Kahoe, had >taken part in a coverup by destroying an internal critique that might >have altered the official account of what happened at Ruby Ridge. > >Freeh suspended Kahoe and the FBI's deputy director, Larry Potts, >along with several other FBI headquarters officials, including Danny >Coulson, then-deputy assistant director for the criminal division, and >Gale Richard Evans, a chief of the violent crimes unit under Kahoe. > >All had been in the chain of command when the Ruby Ridge crisis >started Aug. 21, 1992, with a gunfight involving federal marshals about >half a mile below Weaver's cabin. A federal marshal, William Degan, >and Weaver's 14-year-old son, Sammy, were killed in the shootout. > >While the FBI officials suspended by Freeh remained on paid adminis- >trative leave, U.S. Attorney Michael R. Stiles of Philadelphia was >assigned to conduct the criminal probe of a possible FBI coverup. >Stiles was the main author of yesterday's Justice Department statement >released in Washington. > >Stiles said he and his team, which included Postal Service inspectors >and FBI agents, "examined events both during and after the [Ruby >Ridge] crisis to determine whether there was evidence sufficient to >support the criminal prosecution of any federal law enforcement >officers." He said "the available evidence" would not justify charges >against anyone but Kahoe, who pleaded guilty last October to >obstructing justice by destroying an "after-action" report on the 1992 >siege and ordering Evans to wipe out all traces of it. Kahoe is scheduled >to be sentenced Sept. 11. > >Stiles recommended against prosecuting Evans because of his >"significant cooperation, from the outset of this investigation; the nature >of his subordinate role in the criminal conduct; and the availability of >administrative sanctions." > >Potts and Coulson had been suspected of having known about and >approved the rules of engagement that told the FBI snipers they can and >should" use deadly force. But Stiles said "a successful prosecution of >Potts or Coulson would have necessitated proof beyond a reasonable >doubt that they knew of or approved the specific word "should." > >"Despite intensive efforts, the investigation did not uncover that proof," >the Justice Department said. "There was also insufficient evidence to >prove other criminal violations by Potts or Coulson relating to either the >shooting or its aftermath." > >On the question of whether any federal law enforcement officers at Ruby >Ridge, in particular sniper Horiuchi, could be prosecuted for civil rights >violations, Stiles said, "the critical element of willfulness . . . cannot be > >established beyond a reasonable doubt." > >Horiuchi's shots "were within the guidelines set forth by his superiors in >the controversial rules of engagement," Stiles said. "There was also no >evidence from which it could be concluded beyond a reasonable doubt >that Horiuchi actually saw Vicki Weaver at the time he fired the shot that >killed her." > >One witness at a 1995 reenactment of the shooting by Stiles's team said >he looked through Horiuchi's rifle scope and could see through the >curtained windows of the doorway clearly, even spotting a wedding ring >of an investigator standing where Vicki Weaver stood. > >In a telephone interview yesterday, Stiles said such observations were >not probative enough. "We don't have evidence that could convince a >court beyond a reasonable doubt," he said. > >Stiles also wrote there was "substantial evidence" FBI officials on the >scene at Ruby Ridge had "the actual, although not completely accurate >belief, that Randall Weaver and Kevin Harris posed a severe threat to >law enforcement officers requiring the use of deadly force." > >The mild remark about the "not completely accurate" view of Weaver's >supposed dangerousness contrasted sharply with Freeh's 1995 testimony >that "one misstatement of fact [about Weaver] exaggerated to another >one, into a huge pile of information that was just dead wrong." > >The Justice Department statement yesterday dealt only briefly with the >gunfight involving the federal marshals. Most members of the federal >jury that acquitted Weaver and Harris of murder charges stemming from >Degan's death were convinced that the government was the culprit and >that the marshals fired first, killing the Weavers' dog and provoking the >gun battle. > >Stiles said "it could not be conclusively determined" who fired the first >shot, but no matter who did, "there is no basis for a prosecution of U.S. >marshals for their conduct relating to Ruby Ridge." > >Asked who killed Sammy Weaver, who was shot in the back -- a matter >not covered in yesterday's announcement -- Stiles said, "That's not >something I can comment on." > >Five separate reports, the thickest being a 92-page rundown on Potts >and Coulson, were sent to Attorney General Janet Reno and will be >submitted to the Justice Department's Office of Professional >Responsibility for possible administrative sanctions. > >Specter complained that the reports will not be available to Senate >investigators until OPR finishes its work. He said he has "little >confidence" in OPR. > ©Copyright 1997 The Washington Post Company >_______________________________________________ > WashingtonPost.com > [ISMAP]-Navigation image map [INLINE] [LINK] >-- >Carl Klang, Music http://www.klang.com >New Release from Carl Klang "The News Behind The News" >Check it out! http://www.klang.com/newsbehindnew.html > > \\\\|//// > ( o o ) > --oO0o------U------oO0o--- > "Resistance to tyrants is obedience to God." Thomas Jefferson > +++++++++++++++++++++++++++++++++++++++++++++++++++++++ > SAFAN %Dot Bibee (SafanNews@aol.com) Ph/FAX (423) 577-7011 > SAFAN Internet Newsletters are archived on http://feustel.mixi.net > and http://members.aol.com/Safan1 > Index of Newsletters are available upon Request > +++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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