Bryan DuBois, editor of erievoices.com, was arrested last month in retaliation for exercising his First Amendment rights to free speech and to petition the government for a redress of grievances when he wrote about judicial corruption. Also charged was Elsebeth Baumgartner, who wrote on the site. DuBois has filed a petition for a writ of habeas corpus:
Petitioner asserts the indictment of Exhibit B is void due lack of jurisdiction for criminalizing speech critical of government in violation of the First Amendment, and or reporting a crime of attorney Charles Burns to wit: perjury and theft in office under the petition laws of the First Amendment and Noerr Pennington immunity doctrine. (See New York Times v. Sullivan, 376 US 967; and Craig et al v. Harney, 331 US 367)
An Empire Journal article on the case covers the story well. You can read excerpts of it at Hammer of Truth. If you have a copy of the supposed indictment, send it in.
Judges are running amok, engaging in a rape and pillage of the U.S. Constitution, abusing the laws, their gavel and their black robe to terrorize, retaliate and intimidate members of the citizenry who have the courage to stand up to their arbitrary and wrongful rulings, to the cover-ups of abuse and corruption in the justice system and to their abuse of parties whom appear before them seeking justice and redress of grievances. — The Empire Journal
The prosecutor in this case, Daniel Kasaris, allegedly offered DuBois a deal where he would receive misdemeanor charges in exchange for no longer blogging and no longer maintaining contact with Baumgartner.
Apparently the corruption in Ohio runs even deeper than DuBois and Baumgartner ever realized.
Given that government attacks on innocent citizens are on the rise, you may well need to protect yourself. I’ve posted before on blogging safely and anonymously. Consider using Invisiblog or a similar service for anonymous whistleblowing. See also the EFF’s guide to blogging anonymously.
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cw
Aug 02, 2005
http://erievoices.com/blog/static.php?page=static050731-204649
DuBois secret indictment
Will Spencer
Aug 21, 2005
A grand jury, which is a group of citizens, handed down 19 indictments.
Perhaps these two folks are not quite as innocent as they claim.
It it the job of the judicial system to determine that, up to the legislative branch to keep the judicial branch in check, and up to the voters to keep the Legislative branch in check.
If we don’t want folks indicted for harassing civil servants, we should cause the laws against harassing civil servants to be repealed.
Michael Hampton
Aug 21, 2005
I don’t want folks indicted for exposing corruption in government.
And keep in mind that grand juries tend to hear whatever the prosecutors want them to hear.
Elsebeth Baumgartner
Aug 23, 2005
The point is that isn’t a grand jury indictment..it’s a forgery. The document is not sealed by the court, does not bear the required language TRUE BILL nor does it bear the necessary language attesting to the fact that it is a True Bill returned by the grand jury and singned by the Grand Jury Foreman. This case was never presented to a grand jury and that means Mr Kasaris committed federal crimes.
Moreover, it has never been lawful to criminalize speech critical of the government in this country and that includes judges. (See series of US Supreme Court cases strating in the 1940’s dealing with speech critical of the judiciray and public officials (Bridegs v California; Pennekamp et al v Flroida, Craig V Harney; NY Times v Sullivan; Garrison v Lousiana) If one cannot be charged with a crime for burning the flag, one certainly can not be charged with a crime for reporting and commenting on corruption in the judicial system.
Nov 14, 2005
Death of liberty: Judge revokes bond in Baumgartner blogging case - IO ERROR
marinao
Jan 05, 2006
Yes , there is many mthods to making anonymous bloggin , u do to ciber and use proxies and anonymous blogging , 000000001% yo get caugth , 99.999999% you dont get caugth ,
A Patriot
Jun 12, 2006
Call me stupid, but isn’t the 2nd Ammendment for if they try to take the 1st one away?
ny3074@aol.com
Jul 21, 2006
my indication show that the united state can’t stop terrorism boeder crossing just like pakistan and india by the collective groups that have link t o al-qeada and these member committed crime against american citizen and other countries citizen around the world .the united state government deny the vihe victims a fear hear and i was victim that i why know …ny3074@aol.com
joe
Sep 07, 2006
The proper response to denial of First Amendment Rights is active use of Second Second Amendment Rights. That’s what it was made for.
Not American
Sep 13, 2006
Thank God I don’t live in that crappy country of yours, and tell those dipstick Judges that in my country we are ENCOURAGED to speak out against corrupt judges.
What is wrong with you all? Don’t you know WANT freedom and liberty?
From
Not American (thank God)
Barb
Nov 30, 2006
This is unbelieveable! Is there nothing we can do to protest on her behalf? What’s happening to our rights?
Wake up America!!!!
FTG
Oct 30, 2007
This is a load of crap! People have said for many years that big brother is on the horizon in the US. This, to me only shows that this is probably more true than false.
Not to be taken as a conspiracy theorist, but being able to say what you want, when and whereever about who is the whole reason behind having a “free” country.
Wow, were the United States of Berlin now.