This is edited to correct slight clerical
errors, and to remove the legalize typical of court filings.
The below incident raises the question of
whether the promotion of JAIL4Judges is a "crime." Some judges like to
think so. This incident certainly establishes that judges, even
appellate judges, are intimidated by the very existence of JAIL4Judges.
It is obvious that J.A.I.L. is throwing fear
into the judges of this nation by the prospects of drawing them into
accountability directly to the People.
Since the below incident took place some three years
ago, JAIL4Judges was involved in a public demonstration on or about February,
2002, outside the Ninth Circuit Court of Appeals in Pasadena California along
with the followers of AMOJ, in which the appellate judges came out personally
and brought us a tray of goodies, and explained that they
supported the First Amendment right to protest.
----- Original Message -----
Sent: Monday, July 12, 2004 12:55 PM
Subject: recusal of a judge
RE UNITED STATES COURT OF APPEALS, JUL 6, 2004
for The District of Alaska,
Rich Curtner, Federal Public
RE: Turney v. Pugh, No. 03 35165, scheduled for oral argument
before Judges Hall, Kleinfeld and Wardlaw on July 9, 2004, 9:00 a.m.
Dear Judge Kleinfeld,
I am writing on behalf of my client, Frank Turney, in the above referenced
matter. Mr. Turney is concerned that you have been assigned to serve on the
panel that will decide his habeas corpus appeal, and he asks that you consider a
recusal in his case.
Mr. Turney reports that he has had numerous contacts
with you over the last ten years during the course of his political activities
in Fairbanks. Mr. Turney has specifically mentioned an incident occurring two or
three years ago on the Cushman Street Bridge. Mr. Turney was wearing a
judge's robe and holding a sign advertising "JAIL4judges.org"
Mr. Turney reports that you had approached him on foot, and addressed him
by name, and advised him that he could be jailed for this activity. Mr.
Turney reports replying that he was merely exercising his First Amendment
rights. Following this exchange, you then crossed the street and continued on
your way, according to Mr. Turney.
Mr. Turney believes that this incident
reflects a predisposition regarding the legitimacy of his political expression
and his appeal. He is also concerned that your general awareness and personal
observations of his activities near the federal courthouse in Fairbanks may also
inform and influence your views in this matter.
Thank you for considering this request.
Mary C G2, Assist. Federal Defender
And what was the result of this motion
for recusal? It is as follows:
The panel has requested that
this case be reassigned to another panel.
Accordingly, it is removed from the
oral argument calendar for July 9, 2004.
FOR THE COURT
CATHY A. CATTERSON
CLERK OF COURT
J.A.I.L.- Judicial Accountability Initiative Law - href="../../index.html">www.jail4judges.org
JAIL is a unique
addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL
is dynamic! JAIL is America's ONLY hope!
JAIL is taking America like a
making inroads into Congress for federal accountability!
E-Groups sign on at
Get involved at JAIL_SALE_USAfirstname.lastname@example.org
offerings to J.A.I.L., P.O. Box 207, N. Hollywood, CA 91603
"Give me your
wealth, and I will give you America" - Ron Branson
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
"There are a thousand hacking at the branches of evil to one who
striking at the
-- Henry David Thoreau