---------- Forwarded message ----------
From: Julian P Heicklen <jph13@psu.edu>
From: Julian P Heicklen <jph13@psu.edu>
Hi Tyranny Fighters:
A number of you replied to my last Tyranny Fighters report stating that you could not open the 3 attachments.
Below I am resending them in their original written type:
734 Rutland Avenue
Teaneck, NJ 07666
October 13, 2016
The Honorable Jeh Johnson
Secretary of Homeland Security
Washington, D. C. 20528
Dear Secretary Johnson:
Department of Homeland Security Regulation 41 C. F. R. §102–74.415. of the Department of Homeland Security forbids distribution of literature on federal property without a permit. From 2009-2011 I was arrested 5 times committing such a violation at the U. S. District Court in Manhattan, NY. Each time I was sent to a hospital after I collapsed onto the ground. At the hospitals I was beaten and violated by other methods, some of them quite painful. I was also arrested at the U. S. District Courthouses in Newark, NJ; Santa Ana, CA; and Springfield, MA. I did not pay any of the fines.
Also I was arrested for jury tampering at the Manhattan District Courthouse. I was found not guilty of all the arrests by Judge Kimba Wood of the U. S. District Court in Manhattan. Her decision can be found at:
http://fija.org/docs/Judge_Wood_opinion_Heicklen.pdf . It negated the Homeland Security regulation against distributing literature on federal court property without a permit.
After 4 years respite, I repeated the distributions at federal courthouses in 2016. I was threatened with arrest by Homeland Security guards at the federal district courts in Palo Alto and San Jose, CA, Manhattan, NY, and Fort Lauderdale, FL Fortunately, in each event, the guards contacted a judge before placing me under arrest. In each case they were advised (ordered) not to make the arrest and to leave me alone.
I am requesting that you notify all your security officers that Homeland Security regulations against distributing literature or taking photographs (result of another case by my photographer) without permits are not valid. These regulations must be removed from your regulation list.
I distribute literature at courthouse several times each month. If I am further molested by Homeland Security officers for distributing literature or taking pictures on federal property without a permit, I shall file a law suit against the Department of Homeland Security and demand financial remuneration. I will drag these cases on for as long as I can to obtain as much publicity as possible to degrade the Department of Homeland Security.
Please do not make me do this, as I think the Department of Homeland Security plays an important role to keep America safe, but do not overstep your duty. One of your duties is to see that the Bill of Rights is not violated. One of those rights is freedom of speech. If you do not protect that, there is no point bothering with the others.
I distribute Nullification by Jury flyers at federal and state courthouses around the country. Above I have discussed the problem at federal courthouses. There is also one state court house that requires correction.
At the municipal courthouse in Orlando, FL, previous Chief Judge Belvin Perry issued a court order prohibiting distributing our pamphlets on the public sidewalk connecting the parking lot to the courthouse entrance. He established free speech zones elsewhere on the courthouse property at locations where there were few or no pedestrians.
This indicated that he had no objection to the contents of our flyers, but only the location of distribution. However at the forbidden location other pedestrians were permitted to share our literature, to share newspapers, to exchange business cards, and to have court guards distribute notices to us.
Mark Schmidter, a citizen of Orlando challenged this order by continuing distribution of our information. He was arrested, and tried for contempt of court. The presiding judge was the same Judge Perry, who also acted as the prosecuting attorney. There was no jury. Mark was found guilty and served almost 5 months in the Orlando jail after the appellate court upheld the verdict.
I challenged the court order in the same way as Mark did. Also with Judge Perry acting as judge, prosecutor, and no jury after I had been kept in jail for 2 weeks I was found guilty and sentenced to over 140 days in jail. On appeal the appellate court overturned the conviction, because the jail would not allow me to use the jail law libary. I petitioned judge Perry 3 times to do so, but he ignored my requests.
More recently, in year 2016, Robert Landen repeated the distribution, was arrested, and found guilty by another judge, since Judge Perry has retired. I do not have the details of the trial, but you can contact Robert Landen at his cell phone by dialing 407-520-1303.
I will return to the Orlando courthouse and distribute flyers regarding the duties of jurors and witnesses at criminal trials during December 5-9, 2016. I am requesting that Homeland Security officers be present to uphold my right to free speech. I am also requesting from Florida State Governor Rick Scott that the Florida state militia also be there to help in this regard.
I expect to hear from you agreeing to grant my request before November 23, 2016. If I do not have a positive reply from either or both of you by then, I will hire armed private security guards to join and protect me. The job from either you and/or them requires that no court employee, county or state police, sheriffs, attorneys, or other officers of the court approach within 15 feet of me during these days, or cite me.
Yours in freedom and justice,
Julian Heicklen
Founder
Tyranny Fighters
Encl: "Nullification by Jury" and " Duty of a Juror" flyers
Letter to Florida governor Rick Scott
CC: U. S. President Barak Obama, The White House,
1600 Pennsylvania Ave NW, Washington, DC 20500
Florida Governor Rick Scott, The Capitol, 400 S. Monroe St. Tallahassee, FL 32399-0001; (850) 488-7146
Clerk Of The Court, 425 N. Orange Avenue, Orlando, Fl, 32801; 407-836-2000
Tyranny Fighters distribution list, legal advisors, and news outlets
734 Rutland Avenue
Teaneck, NJ 07666
October 13, 2016
Florida Governor Rick Scott
The Capitol,
400 S. Monroe St.
Tallahassee, FL 32399-0001; (850) 488-7146
Dear Governor Scott:
I distribute Nullification by Jury flyers at federal and state courthouses around the country. These include state courthouses in Orlando, Fl; Fort Lauderdale, FL; Newark, NJ; Manhattan, NY; Binghamton, NY; Erie, OH; San Francisco, CA; San Jose, CA; Concord, NH, and Big Rapids, MI; I never have been abused at a state courthouse except in Orlando, FL.
At the municipal courthouse in Orlando, FL, previous Chief Judge Belvin Perry issued a court order prohibiting distributing our pamphlets on the public sidewalk connecting the parking lot to the courthouse entrance. He established free speech zones elsewhere on the courthouse property at locations where there were few or no pedestrians.
This indicated that he had no objection to the contents of our flyers, but only the location of distribution. However at the forbidden location other pedestrians were permitted to share our literature, to share newspapers, to exchange business cards, and to have court guards distribute notices to us.
Mark Schmidter, a citizen of Orlando, challenged this order by continuing distribution of our information. He was arrested, and tried for contempt of court. The presiding judge was the same Judge Perry, who issued he order and who also acted as the prosecuting attorney. There was no jury. Mark was found guilty and served about 5 months in the Orlando jail after the appellate court upheld the verdict.
I challenged the court order in the same way as Mark did. Also with Judge Perry acting as judge, prosecutor, and no jury. After I had been kept in jail for 2 weeks before trial I was found guilty and sentenced to over 4 months in jail. On appeal the appellate court overturned the conviction, because the jail would not allow me to use the jail law libary. I petitioned judge Perry 3 times to do so, but my requests were ignored.
More recently, in year 2016, Robert Landen repeated the distribution, was arrested, and found guilty by another judge, since Judge Perry has retired. I do not have the details of the trial, but you can contact Robert Landen at his cell phone by dialing 407-520-1303.
I will return to the Orlando courthouse and distribute flyers regarding the duties of jurors and witnesses at criminal trials during December 5-9. I am requesting that the Florida state militia be present to uphold my right to free speech. I am also requesting from the Department of Homeland Security that their police guards also be there to help in this regard.
I expect to hear from you agreeing to grant my request before November 23, 2016. If I do not have a positive reply from either or both of you by then, I will hire armed private security guards to join and protect me. The job from either you and/or them requires that no court employee, county or state police, sheriffs, attorneys, or other officers of the court approach within 15 feet of me during these days, or cite me.
Yours in freedom and justice,
Julian Heicklen
Founder
Tyranny Fighters
Encl: "Nullification by Jury" and " Duty of a Juror" flyers
Letter to Department of Homeland Secretary Jeh Johnson
CC: The Honorable Jeh Johnson, Secretary of Homeland Security,
Washington, D. C. 20528
Clerk Of The Court, 425 N. Orange Avenue, Orlando, Fl, 32801; 407-836-2000
Tyranny Fighters distribution list, legal advisors, and news outlets
734 Rutland Avenue
Teaneck, NJ 07666
October 13, 2016
Honorable Ruth Bader Ginsburg
Justice of the U. S. Supreme Court
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Dear Ruth:
I address you by your first name since that is the way we knew each other when we were students at Cornell University. You and my sister Lillian were sorority sisters. This letter is addressed to you because there is no chief justice currently at the Supreme Court. I hope that you share it with the other court justices.
CLIVEN BUNDY CASE
On February 10, 2016, Cliven Bundy was arrested by the Federal Bureau of Investigation (FBI) at the Portland International Airport while he was on his way to support the Malheur Standoff. He is currently in federal custody, facing federal charges related to his own standoff with the Bureau of Land Management in 2014.[7] His trial is scheduled for February 6, 2017 for grazing on federal land without paying the tax for doing so. He has been held in prison without allowance of bail, contrary to Amendment VIII of the U. S. Constitution, until at least his court hearing on February 6, 2017. Amendments VI and VII of the U. S. Constitution require that a trial be commenced before 90 days after arrest. Apparently the judge is unaware of the Bill of Rights.
SIXTH AMENDMENT
RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
I had always been under the impression that punishment before trial only occurred in Alice in Wonderland. Apparently I was mistaken.
FURTHER GUARANTEES IN CRIMINAL CASES
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
EXCESSIVE BAIL
"This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. . . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning."1 "The bail clause was lifted with slight changes from the English Bill of Rights Act. In England that clause has never been thought to accord a right to bail in all cases, but merely to provide that bail shall not be excessive in those cases where it is proper to grant bail. When this clause was carried over into our Bill of Rights, nothing was said that indicated any different concept."2 These two contrasting views of the "excessive bail" provision, uttered by the Court in the same Term, reflect the ambiguity inherent in the phrase and the absence of evidence regarding the intent of those who drafted and who ratified the Eighth Amendment.3
The point of requiring bail is to see that the accused shows up for trial. Otherwise he may flee Nevada and never return. However the point of the trial is to see that he leave Nevada and never returns. It seems to me that the court could encourage this result more cheaply and efficiently by releasing him without bail and hoping he never does return.
.
I am requesting that you and your colleagues see that Mr Bundy is released immediately, that the charge be dismissed without trial, and perhaps with some recompense. I also suggest that Chief Judge Gloria Navarro, who is presiding on this case, be removed for life from this or any other court.
Criminal Law
Also you are now incorrectly instructing judges to avoid doing their duty: Your requirement that judges inform jurors as follows is illegal. These are:
200. Duties of Judge and Jury
"Members of the jury, I will now instruct you on the law that applies to this case. [I will give you a copy of the instructions to use in the jury room.] [Each of you has a copy of these instructions to use in the jury room.]
You must follow the law as I explain it to you, even if you disagree with it. If you believe that the attorneys' comments on the law conflict with my instructions, you must follow my instructions."
You must stop requiring the above and so notify all judges in the federal courts. I have distributed the correct laws on Nullification by Jury at the following federal district courthouses:
California: San Diego, Riverside, Santa Ana, Los Angeles, San Jose, Palo Alto,
Connecticut: Hartford
Delaware: Wilmington
District of Columbia: Washington
Florida: Miami, Fort Lauderdale, Tampa
Maryland: Baltimore
Massachusetts: Boston, Springfield
Nevada: Las Vegas, Reno
New Hampshire: Concord
New Jersey: Newark, TrentoN
New York: Manhattan, Brooklyn, Westchester County, Albany. Buffalo, Syracuse, and Binghamton
Ohio: Cleveland
Pennsylavania: Philadelphia, Allentown, Reading, Harrisburg, Pittsburgh, Johnstown
Vermont: Montpelier
Virginia: Alexandria
Also I have just started distributing Duty of the Witness flyers (copy enclosed) at the U. S. District Court in Fort Lauderdale, FL
The above list is just what I have done. Many other Tyranny Fighters, as well as the Fully Informed Jury Association, are doing the same thing. My nullification by jury law case at the U. S. District Court in Manhattan is now being taught at the Yale Law School. Also I have given a lecture on nullification by jury at Harvard University Law School. My suggestion to you and your colleagues is that you discontinue requiring trial judges to misinform jurors of their duty. You are losing the confidence of the public. However that is your decision to make. In any event my colleagues and I will continue correctly informing jurors and witnesses of their duties.
Yours in freedom and justice,
Julian Heicklen, jph13@psu.edu
Founder, Tyranny Fighters
Enclosed: "Nullificaion by Jury" & "Duty of the Witness"
CC: U. S. Attorney General Loretta E. Lynch, U.S. Department of Justice,
950 Pennsylvania Avenue, NW, Washington, DC 20530-0001
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