by Julian Heicklen
LWRN program of September 18, 2010

The law is the whore of the government. The law was intended to protect your body and property.  Instead it seduces you into enslavement.  Tyranny Fighters intends to return the country to Constitutional law.  Tyranny Fighters was found by mistakes—mistakes of law enforcement agencies.

The seeds were planted on April 17, 2007, across the street from the United Nations building in New York City. President Mahmoud Ahmadinejad of Iran was addressing the United Nations that day.  Rabbi Avi Weiss, a highly respected orthodox rabbi, planned a demonstration to protest President Ahmadinejad’s appearance at the United Nations.  Rabbi Weiss and a few other rabbis gave speeches across the street from the United Nations building in front of the Isaiah Wall.  Then 25 rabbis, dressed in religious garb, sat on the steps in front of the wall and blocked pedestrian traffic.  Behind then stood 50–100 other demonstrators holding signs, blowing rams’ horns, and singing protest songs.  

After several warnings by the New York City police, the standing protesters were ordered back about 35 feet, so that the police could arrest the sitting protesters who were blocking pedestrian traffic.  However the Isaiah Wall is curved, so that the standing demonstrators could no longer be seen from the street.  I alone moved forward 22 feet, but still 13 feet behind the sitting rabbis.

The rabbis were arrested one by one.  Then the police came for me and ordered me to move back with the other standing demonstrators.  I was holding two signs, both of which read “STOP HATING JEWS.”  I refused based on my First Amendment right to stand in a public passageway.  I was alone, making no noise or body motions.  

The police placed me under arrest.  I asked for what reason, and was told for disobeying a police order.  I fell to the ground, was hauled away by several police officers, put into a police wagon, and sent to a jail cell at police headquarters.  I was held overnight.

Arraignment was the next day.  Neither the magistrate nor the prosecuting assistant district attorney were identified, in keeping with a court of inquisition.  Several others were arraigned before me.  The prosecuting assistant district attorney had plea bargains for everyone, so they all plead guilty, except for one man.  He insisted that he was not guilty.  The assistant district attorney and the presiding magistrate argued with him, trying to get him to plead guilty.  But he refused over and over again.  Finally one of the court stenographers yelled:  “Plead guilty.  You know that you are guilty.”  At this point, the man’s court-appointed attorney plead guilty on his behalf.  So much for the presumption of innocence.

 In another case, a young black woman was having dinner at a restaurant when she was arrested and strip searched.  Cocaine was found in her brassiere.  The assistant district attorney said that he would not send her to prison, but to a rehabilitation center.  The young lady burst into tears and said: “I am a 19-year old single mother with no job and no money.  Who will take care of my baby?”  the court was not interested.  The other arrestees gave her money.  I was stunned that no-one asked if the police had a search warrant.  Apparently search warrants are an ancient English custom that has been discarded.

When my turn came, the assistant district attorney offered to let me go for time served (1 day), if I plead guilty.  I responded: “If I were willing to do that, I would not have bothered to get arrested.”  The magistrate asked if I was pleading not guilty and warned me that I could go to prison.  

I responded that I was pleading not guilty, wanted a Grand Jury hearing, and a jury trial if indicted.  The magistrate was so stunned that she forgot to sign the commitment papers.  I was instructed to appear at a court hearing on June 20, 2007, and to submit all my informations before May 17, 2007.  I asked for the purpose of the court hearing, but received no reply.

A few days later, I received a telephone call from an intermediary saying that the assistant district attorney has agreed to drop the charges and dismiss the case, if I would promise not to get arrested for 6 months nor to sue the police.  I declined.

I submitted many informations to the court, but received no reply.  In fact, neither a judge nor a prosecutor submitted an appearance.  Since I received no reply, I informed the court that I would not appear.  The Clerk of Court informed me by telephone that a bench warrant would be issued for my arrest.

I filed a request for judicial intervention (RJI) with the New York Supreme Court: Civil Division.  In it I submitted 15 reasons with supporting documents.  However Judge Lehner denied my appeal on grounds that no cause had been given.    When I had delivered my RJI in person to the Clerk of the Supreme Court, I informed him that a warrant had been issued for my arrest.  He advised me to stay out of New York State.
I filed a leave to appeal to the New York State Supreme Court: Appellate Division, but it was refused without a reason given.

Then I decided to sue the various parties.  However New York City has a policy that before it can be sued, a complaint must be filed with the Comptroller for adjudication. I filed separate complaints against the Criminal Court of Manhattan, the New York City District Attorney, the New York State Supreme Court: Civil Division, and the New York State Supreme Court: Appellate Division.

The complaint against the New York state Supreme Court: Appellate Division was dismissed ob the grounds that the appellate division was not a city agency.  The other three complaints were given case numbers.  Several months later, I was notified that the complaint against the police was being dropped, because they did not respond.  Perhaps I should use that line of defense when I am a defendant.  I never heard further about the other two complaints.

I filed a civil complaint with the U. S. District Court of the Southern District of New York against the New York City Police, the Criminal Court of Manhattan, the New York City District Attorney, the New York City Comptroller, both divisions of the New York State Supreme Court, and several of their employees in January 2008.  On March 11, 2008, Judge Kimba Wood issued her Opinion and Order to dismiss the charges against the Courts, district Attorney, Comptroller, and all their employees on the grounds of immunity to prosecution.  She allowed the claim against the New York City Police and its employees to proceed.  She warned me that : “...any appeal from this order would not be taken in good faith.”  Isn’t strange that the people responsible for and most knowledgeable about the law are immune from prosecution for failure to comply with the law?

I filed an amended complaint against the New York City Police Department and some employees.  The case was assigned to Judge Koeltl.  Because of the warning from Judge Wood, I filed a separate complaint against the courts, district attorney, the comptroller, and some of their employees.  Judge Baer dismissed this case and stated in his decision that an appeal by Appellant would be in bad faith.  

I filed an appeal to the U. S. Court of Appeals: Second Circuit in which I stated that it was outrageous for a judge in a court of law to threaten a litigant for exercising his legal rights.  The appellate court upheld Judge Baer’s rejection of the case.

Meanwhile the civil case against the police was proceeding very slowly.  The Corporation Counsel for the City of New York was defending the police.  His strategy was delay, delay, delay.  The first part of a trial is discovery.  The defense kept asking over and over again for information about the criminal trial.  I sent them everything that I had, which was not much.  I also gave them my permission to get anything they wanted from the criminal court of Manhattan or the district attorney.  But they were not satisfied.  Finally they convinced the judge to order me to supply information that I did not possess.

On the other hand, I requested information from them of the identities of the three John Doe Defendants.  They would not provide this information.  Finally I sent a motion (3 times) to Judge Koeltl to order them to produce the information, but he refused to do so.  It became clear early on that he was cooperating with the delaying tactics.

After several months, the Defendants submitted a video of the arrest, which they claimed showed irrefutable evidence of my guilt and asked for judgment in their favor.  I pointed out that the tape had been tampered.  Part of the sound was missing.  The part of the video where I was place under arrest was missing.  In the tampered video, I was never placed under arrest.  It only showed me being dragged away after all the rabbis were arrested.  However the time listed for my arrest on the police deposition placed me as the first person arrested according to the video time.

I asked the judge to disregard the tampered evidence and find the defendants in contempt of court.  The judge ignore me.  I filed a disciplinary complaint against Judge Koeltl with the U. S. Court of appeals: Second Circuit.  It dismissed my complaint.  Finally Judge Koeltl refused to give me a trial.  Instead he ordered judgment against me based on irrefutable video evidence and police immunity to prosecution for carrying out a lawful arrest.  I was ordered to pay the Defendants’ court costs.

I filed an appeal and paid the $465.00 filing fee with the District Court.  The Court of Appeals: Second Circuit assigned a docket number to the case.  I submitted the required 10 copies of my brief by United Parcel Service, which verified the delivery.  The Court of appeals never acknowledged receipt nor set a date for appellee to respond.  It has not answered my follow up inquiries.

Midway through the district court trial, it became apparent that the judge was in collusion with the police, and I so accused him.  At that time, I was still convinced that he could not deny me a jury trial or any trial at all.  However he kept ignoring or misinterpreting the law.  When my case was filed, I received notice from the Clerk of Court that the Court rules required the judge to inform the jury that it must uphold the law as he gives it to them.  It was certain that if we reached this point, the judge would so inform the jury.  I realized that if I were to have any chance in a jury trial, I would need the jury to ignore Judge Keoltl’s charge.

I started a jury nullification campaign at the district courthouse.  I notifies some people by E-mail that I would appear at the courthouse on October 19, 2009, and asked them to be sure a photographer was there.  Without intending it, I had started Tyranny Fighters.  An E-mail list or Tyranny Fighters was compiled to keep everyone informed of the fully informed jury association (FIJA) demonstrations.

Much to my surprise, federal marshals informed me that it was against the law to distribute literature on federal property without a permit.  I informed them hat I had a permit and showed them my pocket U. S. Constitution.  They informed me that was not pertinent and asked me to leave.  I refused and continued to distribute the American Jury Institute pamphlets entitled “A Primer for Prospective Jurors.” Department of Homeland Security officers and told me to leave or be arrested..  I ignored them.  They arrested me and dragged me off to an ambulance which took me to a hospital.  They also arrested bile for photographing me.

Since then we have been to 20 U. S. District Courthouses at least once.  Sometimes I have been alone.  Sometimes there is an additional person taking pictures, and sometimes we have several participants.  At only 4 of these courthouses has there been arrests.  George Donnelly was arrested in Allentown.  A plea bargain was made and George was sentenced to time served and a $500 fine.  We have returned to the Allentown courthouse 3 more times and have not been bothered by law enforcement officials.

Once I was arrested in Springfield, MA, and once, in Newark, NJ.  We have not returned to those courthouses yet.  The criminal cases against me in those locations and Manhattan have just started.  I have plead not guilty and asked for jury trials.  The criminal case against me for the arrest in 2007 across the street from the United Nations building has been dismissed in the interest of justice.

I have made 12 appearances at the district court in Manhattan, NY, been arrested ten times, and robbed on one of the other visits.  I have filed NY State and U. S. criminal complaints for the Manhattan arrests, but nothing has happened.  Also I have filed a civil complaint against the Department of Homeland Security, the New York Fire Department, three hospitals, the U. S. Citation Center, and many of their employees for the Manhattan arrests.  This case is just starting.  None of the named defendants have yet sent reply briefs.

There have been many other FIJA demonstrations at courthouses around the country.  Next week’s program will be devoted to those demonstrations and a discussion of the rational for FIJA generally.  The main speaker next Saturday will be Ilo Jones, the Executive Director of the American Jury Institute, or one of her staff.

The jury is the last line of legal defense for the citizens of this country.  It is our hope to get juries to restore the Bill of Rights, which includes First Amendment rights to free speech, freedom of religion and assembly; Second Amendment rights to keep and bear arms; 4-8th Amendment rights to fair and speedy trials, and Ninth Amendment rights to privacy.  In addition, we have just extended our mission to end the income tax, reduce the prison population, and reform the prisons.

If we cannot get the juries to restore appropriate law and get the government off of our backs, the only alternatives left will be riots and armed rebellion.  They will surely occur unless we can succeed in getting the juries to return the country to sanity.  Currently, the number of non-government armed militias is between 70 and 420, depending on how militias are counted.

Government officials at all levels have demonstrated that they will not return the country to sanity.  It appears that in 2011, unemployment and underemployment may increase.  Unemployment benefits will be exhausted for more and more of the unemployed; income tax rates will increase; and we still will be bogged down in at least one foreign war.

For more information go to my website at http://www.personal.psu.edu/jph13.  Now I am going to give you bile, the backbone of Tyranny Fighters and the producer of this program, to tell you how he got involved in our activity.