Wednesday, October 28, 2009

one of my fellow political activists has been demonstrating recently because "[he] know[s] for a fact that it is the policy of [us district court of manhattan] to instruct the jurors that they must uphold the law as the judge gives it to them."

he has been passing out FIJA literature at the US District Court of Manhattan. he recently did this again on monday the 26th. here is how it went.

FIJA DEMONSTRATION OF 10/26/09

I arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, October 26, 2009. The weather was perfect: about 60*F and sunny. I stood in the middle of the plaza in front of the courthouse.

I started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” along with my handout (see below). Immediately the three Department of Homeland Security Officers of last week approached me and told me that I could not pass out that material. I informed them that I could. They said that I could not and that I had quoted the wrong law in my e-mail distribution of last week. They had checked the FBI records to find my identity and accessed my web page. They said that if I distributed the FIJA pamphlets, I would be put under arrest.

I asked for the statute that they use. They said 41 CFR Sec 102–74.415(c). I asked them to identify themselves and they did. The officer in charge was C. Barnes #245. The other two were Wong #213 and Roomnd #234. They work for the Federal Protection Service of he Department of Homeland Security.

I started to distribute a pamphlet, but they seized it and my sign which read JURY INFO and placed me under arrest. I fell to the ground and remained motionless for several minutes. Nothing happened, so I got up and started to distribute literature again. They had called the ambulance. They and the ambulance personnel approached me and I read to them the First Amendment of the U. S. Constitution. I asked them what part of “Congress shall make no law” they did not understand. They said that I should take it up with the judge. They were arresting me under the rule that they had stated.

I started to pass out literature again, but they seized all of my pamphlets and placed me under arrest again. I fell to the ground. Officer C. Barnes #245 gave me two citations, one for Unlawful Distribution of Fliers on Federal Property 410 CFR, sub C Section 102–74.415(c) and one for Impeding/Opposing Federal Officer, 18 U.S.C. §111(A). Officer C. Barnes also gave me a property receipt for my two signs and the pamphlets that they had seized.

I was placed on a gurney and put in the ambulance. I was taken to Bellevue Psychiatric Hospital. I did not talk to any of the personnel, including the psychiatrist. They left me alone for awhile. The police left. After awhile the psychiatrist returned and read a copy of my flyer. His comment was that this was a free speech case and he agreed with me. He ordered that I be discharged.

I was fed lunch and after some paper work was released at 3:10 pm.

Below are the citations that were given. 18 U.S.C §111(a) deals with forcible resistance. It does not apply to me. I used no force whatever. Title 41 C.F.R. §102 is not a law. It is a regulation that applies only to employees of the GSA, not to the public. Failure to comply with those provisions is a violation of these regulations. Big deal. It is not a violation of law. The GSA cannot make laws. Only Congress can do that.
he will be doing the same thing on monday Nov. 2 if anyone is interested in going. derek demarco was at the one on monday and had this to say.

I showed up a little late, at 12:10, and Julian was already limp on the ground and I started to shoot video. I was approached and questioned by several officials and was told I cannot shooot video on ferderal property. I was questioned further and asked what information I knew about the "unnamed" man laying on the ground. I procceeded to answer their questions with vauge answers and avoided naming Julian. I told them i heard about a jury nullification protest and voluniteer to video and be a witness to this protest. I was asked to show my ID, which i did, and they vertified I was no threat and was asked to leave, my battery died after about 7 minutes anfter i arrived and I left. What should I do with the video? I created a youtube account to post this video, but iI don't want to post it until I hear from Julian.

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