by Julian Heicklen

Delivered 1-15-11 to:

Libertarian Party of Manhattan Annual Convention

Random acts of violence
    The state of the nation is perilous.  The people are restless.  On February 18, 2010, Andrew Joseph Stack III, flying his Piper Dakota, crashed into Building I of the Echelon office complex in Austin, Texas, killing himself and Internal Revenue Service manager Vernon Hunter.  Thirteen others were injured.  This was a random act of violence against the U. S. government that I predicted was just the first of several to follow.

    The next such acts occurred on January 8 and 9, 2011.  I was surprised at how much time intervened between the airplane crashing and these events.  On Friday, January 7, 2011, a letter bomb addressed to Janet Napolitano, Head of the Department of Homeland Security, was discovered in a post office when it started to smoke.  The following day, a political mass murder occurred in Tucson, AZ, when,a federal judge, a 9-year old girl, and 4 others were murdered and Representative Gabrielle Giffords was critically wounded.

    These are only the beginning of the random acts of violence.  After the first act in February, the Department of Homeland Security introduced body scanners at U. S. airports, further angering the citizenry.  Nationwide protests and boycotts were initiated at the airports.  Political acrimony increased.

    After the most recent killings, the acrimony increased by both politicians and the media.  New gun restriction legislation is being considered in Congress.  It will have no effect on random acts of violence, but it will further aggravate the body politic.

    The random acts of killing will increase in frequency.  But they are only symptoms of a much worse problem.  The war in Afghanistan has gone poorly and everyone knows it.  President Obama now has committed us until 2014.  The soldiers are disillusioned.  They are now trained killers returning to an ungrateful nation, which is not providing adequate medical care for the wounded or opportunities for them to return to mainstream America. The families of the killed soldiers must be resentful because of the waste of their children.

    Our economy is on the verge of collapse because of irresponsible actions on the financial industry and the fiscal irresponsibility of the federal and state governments.  To fix this problem, the government has picked the people who destroyed the economy to fix it.  They are getting us further and further into debt. No-one understands economics, so perhaps this is the best economic solution.  But it is the worst political solution.  It only increases the anger and despair of the population to see the people hired to fix the problem they caused.

    In addition to, or perhaps because of, the unsustainable debt, our money is becoming worthless.  We went off the gold standard in 1971.  Since then our paper money has decreased in value by a factor of about 50 compared to gold.  We continue to borrow money to pay our bills.  the U. S. government is running the greatest Ponzi scheme in history.

    Our unemployed have reached dangerous levels.  Unemployed starving people get desperate quickly.  Our politics is likewise desperate.  In 2008, the Democrats increased the number of its representatives in Congress in the greatest sweep since 1932, only to be undone, by the greatest reversal in our history in 2010, when the Republican sweep was even bigger.  To complicate our political system, the Tea Party has now infiltrated the Republican Party.  Congress is now paralyzed.  That may be the good news.

    Our news media has become more acrimonious.  In some circles, anarchy is now considered the only solution.  The number of anarchists is increasing steadily and becoming more vocal.  According to the Southern Poverty Law Center, the number of militias in the U.S. increased from 149 in 2008 to 512 in 2009; nativist extremist groups, from 173 in 2009 to 309 in 2010.  Hate groups increased 54% during the last decade.

    Our judiciary would make Hitler and Stalin blush.  It no longer provides any pretense of justice.  It routinely violates its own rules, accepts obvious false information from police and prosecutors as fact, and has emasculated juries by misinforming them of the law.  Judges even refuse to read to jurors the law which they are erroneously told to uphold.  In our courts the judges act as prosecutors.  Our courts have become courts of inquisition.  That is why the so-called “land of the free” is the number one prison state in the world.  We have 25% of the world’s prisoners, but less than 5% of the world’s population.  

    Many of our families are poor and desperate because the fathers are in prison. 1.6 million children in the U. S. have a parent in prison.  Our courts have trampled on the Bill of Rights.  Amendments, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 no longer are operable in our courts.  

Our job
    Armed rebellion is imminent.  It is due to occur before the next national election, unless we do something about it.  Do not choose or participate in armed rebellion.  It does not work.  If the government prevails, it becomes more repressive.  If the insurgency is victorious, it establishes a dictatorship of the victors.  It will not function to the advantage of the general public.  The only revolution that I know that succeeded was the American revolution.  It worked because the people that ran the country after the revolution were the same ones who ran it before the revolution.  That is not the outcome we want now.

    We must avoid armed rebellion, but still reclaim our country, if we can.  This will require massive acts of civil disobedience.  At the moment we have been provided with a real opportunity to do so.  On January 11, 2011, I was served with a summons notifying me that I have been indicted for jury tampering, presumably for distributing Fully Informed Jury pamphlets in front of a U. S. District Courthouse.  Apparently this act, and similar ones by others, have effected the courts, or else it would have been ignored.

    We must win this case in order to transform the delivery of injustice by the courts to the delivery of justice by the juries.  This already has happened on December 23, 2010 in Missoula County, MT, when the potential jurors informed the judge that they would not convict a man for owning 1/16th of an ounce of marijuana.  The judge dismissed the case.

    I am compiling a group of legal experts to help me in my case.  I will remain as lead counsel, because I can and will say and do things that could get an attorney disbarred.  There is not much the court can do to me.  My future cannot be destroyed.  I do not have one.  I cannot lose my job.  I do not have one.  I cannot lose my house.  I do not own one.  I cannot lose my car.  I do not own one.  All that they can do is send me to prison to be provided with free room, board, medical care, and health club.  Also, I will receive something I could never afford, around the clock police protection.

    My wife and children want to put me into an old home anyway.  Prison is much cheaper.  It costs me nothing.  You will pay for my retirement if that happens.  Besides the people are more interesting in prison than in an old age home.  My family can visit me once a week, just like in the old age home.

    Of course winning the court case will not be easy.  Both the judge and U. S. Attorney will do everything, legal or not, to convict me.  Otherwise the government loses some control over you.  Your job is to provide eternal publicity.  Notify everyone on your E-mail lists.  Post the info on your blog.  Write letters to the editor and to the U. S. District Court addressed to the Clerk of Court, U. S. District Court, Southern District of New York, U. S. Courthouse, 500 Pearl Street, New York, NY 10007.  In particular, we want to swamp the courthouse with mail.

Also, if you can, attend the court hearings.  The more people that are present to report on events, the more careful will be the judge and prosecutor.  An empty courthouse is an inquisition cell.  

    The American Jury Institute/Fully Informed Jury Association is aiding in the defense.  George Donnelly, who is the publicity director for the “Do Not Fly” demonstrations against the TSA airport body scanners, is coordinating and directing publicity for the jury tampering trial.  Jim Babb, who coordinated the demonstrations against the TSA body scanners, will be organizing demonstrations at the courthouse, including packing the courtroom, and at other locations.

    My first hearing is scheduled for January 24 at 10:00 am in courtroom 15B.  I am notifying the court that I will not appear.  The court may continue the hearing without me.  In that case, it is essential that there be people there to report on what transpires.  Alternatively, the court may postpone the hearing.  Contact the Pro Se Clerk at 212-805-0136 on the morning of the hearing to find out if the hearing will take place or be postponed.

    Here is the letter of notification that I sent to the Court:

734 Rutland Avenue
Teaneck, NJ 07666
January 17, 2011

Pro Se Clerk
Room 230
U. S. District Court
Southern District of New York
U. S. Courthouse
500 Pearl Street
New York, NY 10007

Re: United States v. Julian Heicklen, Cr. 1154

Dear Clerk:

    According to U. S. C. 28 Part V §1861: “It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community...”  I have no evidence that there was compliance with this condition in the selection of the grand jury which, presumably, indicted me.  Therefore, I am challenging the indictment based on U. S. C. 28 Part V §1867(a).

    Furthermore U. S. C. 28 Part V §1862 specifies that no citizen shall be excluded from service as a juror based on religion.  However I am a somewhat religious Jew and a strong supporter of Israel.  My family has lived in Israel.  One of my daughters has married an Israeli and lived in Israel for 15 additional years.  Another daughter lived an additional year in Israel and is married to the son of Israelis. A third daughter owns a home in Jerusalem.  A niece lives in the West Bank, and a cousin lives in Tel Aviv.

    Islam preaches death to Jews and obliteration of Israel. This is openly acknowledged in the Koran and in many Islamic organization charters.  See “The Non-Trials” by Julian Heicklen, Ch. II, Ishi Press (2011). Therefore, I want members of the Islamic faith excluded from the jury. Trials are not equal opportunity events.  There are many valid reasons for excluding classes of people from jury duty, such as young or old age, inability to speak or understand English, certain physical disabilities, criminal record, etc.

    Religion is not an allowed reason for exclusion according to U. S. C. 28 Part V §1862.  However the desire to kill me is a reason.  Furthermore, Islam is not a religion.  It is a political movement masquerading as a religion.  Let me explain why this is so.  A religion tells its adherents what to believe and how to act.  A political movement tells non-adherents what to believe and how to act. Islam is a political party.

    I am requesting (demanding) that the current indictment be quashed.  A new grand jury should be impaneled according to U. S. C. 28 Part V §1863 in my, or one of my co-counsels, presence with the above-stated corrections.

    I will not be attending the hearing of January 24, 2011, or any other hearing, until the above is done.  Thank you for your cooperation.

Sincerely yours,

Julian Heicklen,
Counsel Pro Se

CC: Rebecca Mermelstein, Assistant United States Attorney, Southern District of New York, U. S. Department of Justice, United states Courthouse, 100 Quarropas Street, White Plains, NY 10601

    I am on trial, but this case is not about me.  I am an old man.  I soon will be gone from the scene.  This case is about you and the future of your country.  Your involvement can influence the way you live the rest of your life.

    If not you, then who?  If not now, then when?

    Yours in freedom.  Good night and God bless.