PROGRESS REPORT FOR FEBRUARY 8, 2010
1. Legal cases

I have three legal cases active at present. You are aware of the case against Homeland Security et al. The civil complaint has been mailed to the U. S. District Court in Manhattan. A criminal complaint has been mailed to the JURY ADMINISTRATION OFFICE NEW YORK COUNTY SUPREME COURT, DA OFFICE OF SPECIAL PROSECUTOR, and CIVILIAN COMPLAINT REVIEW BOARD COMPLAINT UNIT for consideration by a NY Grand Jury. One of my legal advocates has agreed to write the criminal complaint to be submitted for consideration by a U. S. Grand Jury.

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from an email sent out to supporters

Hi Tyranny Fighters:

We now are getting organized. The following organizational help has materialized:

1. Four photographers have taken videos of the FIJA demonstrations. Two of them I do not know. One photographer has provided the critical video of October 26, 2009, when I was charged with forcibly resisting arrest. Antonio Musumeci, a photographer who received a citation, has agreed to be a co-plaintiff on the civil case.
2. I have two legal advocates that help prepare legal briefs.
3. One of you has agreed to be my webmaster.  Stuff will appear on my web page shortly.
4. One of you has offered to write an article about the arrests  for publication in a mainstream magazine.
5. At least 3 of you are regularly providing publicity.  These are Garry Reed, Mike Benoit, and Antonio Musumeci. There are others also, but I am unaware of names or details.
6. Iloilo Jones of FIJA has been very helpful and supportive.
7. Some of you are forwarding my e-mails to your e-mail lists.
8. One of you makes my signs.
9. Staples has been very helpful in copying, binding and delivery of manuscripts.

Future activities include two speeches that I will give: on March 13 at the NJ Libertarian Party Convention at Rutgers; and on May 8, I will deliver the sermon at Congregation Beth Shalom in Teaneck. NJ.  When the weather gets warmer (March or April), I will return to the Monday appearances at the U. S. District Courthouse in Manhattan.

Court cases: Today the civil complaint against Homeland Security and others went to Staples for copying and binding.  It will be mailed to the court on Wednesday hopefully (or Thursday).  Next will be the criminal complaint to the grand Jury of New York County (Manhattan). The criminal complaint is nearly in final form and should be submitted the first week in February.  Copies of these complaints will be posted on my web page.

In regard to the Homeland Security action, both Musumeci and I were summoned to magistrate court  for January 19.  I notified the court that I would not appear or pay the fines. Musumeci appeared with a lawyer from the NY Civil Liberties Union, which has agreed to represent him. However Officer Barnes, who wrote the citations did not appear. The cases should have been dismissed, because the citing officer did not appear. However, the magistrate postponed the hearing for a month.  I assure you that if Barnes had appeared, but we did not, judgment would have been rendered against us. That is what equal justice means in the U.S.

Right now what I need from the rest of you is publicity, publicity, publicity.  Notify your e-mail lists and write letters-to-the editor. Also ask others to join us.  At the moment we have over 100 people on this e-mail list, but we will need 1000 in order to spread the actions accordingly.  I expect to go to the District Courthouse in Newark, NJ, as well as in Manhattan, in the spring.

Warning: You should know that The Federal Protective Service is intercepting my e-mails. Another violation of our civil liberties.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Yours in Freedom —Julian

learn more at http://blogofbile.com/tag/julian-heicklen/?order=ASC

I arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 9, 2009.  The weather was perfect: warm and sunny.  I stood in the middle of the plaza in front of the courthouse.

I started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” along with my handout  (see below). A freelance reporter form Free Talk Live was present.  At 11:48, I was approached by two federal marshals, who identified themselves as Musumeci and
Sullivan.  They would not give first names and said that they had no badge numbers.  They informed me that I had to leave.  I demurred.  They said that they would have to report me and left.

I passed out about 15 flyers, when three police from the Department of Homeland Security approached me at about 12:20 pm.  The leader was my friend Officer Barnes from two weeks ago.  After we exchanged the usual pleasantries, he placed me under arrest, and I fell to the ground.  He confiscated my remaining five brochures and my JURY INFO sign.  He left a receipt and a citation 41 CFR, Sub C Section 102 #74.415(c), the same as two weeks earlier.

During the exchange with the police, the Free Talk Live reporter videotaped the event and interviewed me until he was stopped and cited by the police under 41 CFR, Subsection C,  §102–74.420 for photographing without a permit.  They confiscated his film.

At about 12:30 pm, while I was still on the ground, Joel Kupferman, a lawyer and Executive Director of the New York Environmental & Justice Project appeared and observed.  Then the police left at 12:35 pm.  I stood up and the event was over.

We noticed that an NBC reporter was present, but we did not interact with him.  Joel and I went to a Chinese soup shop and had hot and sour soup.  I arrived home at about 3:15 pm.

Warning: You should know that The Federal Protective Service, and possibly the FBI,  is intercepting my e-mails.  Another violation of our civil liberties.  Be prudent if you write to me.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

TITLE 41 C. F. R. Public Contracts and Property Management Subtitle C–FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM

§ 102-74.415(c)

(c) Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in §102–71.20 of this chapter. However, any person or organization
proposing to distribute materials in a public area under this section must first obtain a permit from the building manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.

§ 102-71.25   Who must comply with GSA’s real property policies?

Federal agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with these policies.
______________________________________________________________

THE JUDGE WILL INSTRUCT THE JURY THAT IT MUST UPHOLD THE LAW AS HE GIVES IT.

HE WILL BE LYING. THE JURY MUST JUDGE THE LAW AS WELL AS THE FACTS.

JURIES WERE INSTITUTED TO PROTECT CITIZENS FROM THE TYRANNY OF GOVERNMENT.

IT IS NOT THE DUTY OF THE JURY TO UPHOLD THE LAW.

IT IS THE JURY’S DUTY TO SEE THAT JUSTICE IS DONE.

UPDATE:

bile’s account can be found here: http://blogofbile.com/2009/11/09/arrested-for-filming-the-arrest-of-julian-heicklen-on-federal-property/

Footage here: http://blogofbile.com/2009/11/10/julian-heicklens-fija-outreach-2009-11-09-arrest-video/

http://www.eweek.com/…

Two software industry groups, along with free and open-source software community leader Richard Stallman, said Oct. 19 they are opposed to Oracle’s planned acquisition of Sun Microsystems and urged European Commission regulators to block the $7.4 billion deal.

If the transaction, which was announced April 20 and approved Aug. 20 by the U.S. Department of Justice as not being against federal antitrust laws, is sanctioned by the EC, Oracle—through ownership of Sun—will have control of the key maintainers of the popular MySQL database, who work at Sun.

The Open Rights Group, a digital civil liberties organization, Knowledge Ecology International and Stallman told the EC’s Competition Commissioner Neelie Kroes in a co-written letter dated Oct. 19 that they are concerned about Oracle’s possible squashing of competition in the database market.

“If Oracle is allowed to acquire MySQL, it will predictably limit the development of the functionality and performance of the MySQL software platform, leading to profound harm to those who use MySQL software to power applications,” they wrote.

Stallman and the other open-source community activists contend that Oracle’s ownership will hinder development of the popular open-source database, which relies heavily on volunteer contributions of time and talent.

1) How could forcing a failing company to stay independent help an open source product they own? It’s open source. They aren’t needed. Even if Oracle drops all support and development of MySQL… how is that different from Sun going under?

2) By stopping the acquisition they are by definition limiting competition. Sun is a failed company. They lost. They couldn’t compete. Allowing a successful firm to buy up the good parts of a failed firm is part of what makes the market work.

3) As mentioned many times before… if RMS wants real freedom he’d be opposed to copyleft which relies on copyright and government enforced monopoly privileges on non-scarce, non-tangible, fully fungible, unalienable concepts.

4) The means to freedom is not increased tyranny.

http://www.google.com/…

In its search for fugitives, the FBI has begun using facial-recognition technology on millions of motorists, comparing driver’s license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

The project in North Carolina has already helped nab at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong.

“Everybody’s participating, essentially, in a virtual lineup by getting a driver’s license,” said Christopher Calabrese, an attorney who focuses on privacy issues at the American Civil Liberties Union.

Facial-recognition software is not entirely new, but the North Carolina project is the first major step for the FBI as it considers expanding use of the technology to find fugitives nationwide.

And what happens to those aggressors when they come waste your time and possibly arrest an innocent person who happened to look like a known criminal? Absolutely nothing.

Additionally… no one has a right to privacy but the government has no legitimate authority to change the terms in which the information is utilized.

Well I finally finishing Healing Our World in an Age of Aggression by Dr. Mary Ruwart.  Incidentally you can find an older version of this text for free online.  You have to give this book a lot of credit for being well organized.  There is a full index in the back as well as an appendix of citations.  Each chapter is broken into small sections with a one page chapter summary at the end.  In that respect, it kind of reads like a textbook.  I know I’ll use it in the future if I need to look up information on a particular topic.  The book also deserves credit for covering everything.  I mean that in the Cleveland quoting Peter Griffin, “Eeeeeevvvverythaaaang” sense.  I’ve never seen a libertarian book do such a good job of covering so many topics in three hundred some pages.

Most importantly it is writen from a compassionate perspective, which has caused me to by a few extra copies for my friends and parents.  No vulgar libertarianism here, just genuine concern for other people.  Dr. Ruwart cites numerous examples of how aggression hurts everyone, from the playground all the way up to wallstreet.  The language is simple, direct and quotes are included in the margins pertaining to the topics being addressed.

Now, this review isn’t just going to be a Ruwart love-fest.  There are a few things wrong with the book as well.  Let’s start with the most readily apparent, the cover.  It’s terrible and it’s turned a decent amount of people off from the book.  People I recommend the book to look at me like, “You want me to read that?  With the twin towers and the dove?”  I’ve considered putting a brown paper bag dust cover on it before I give it to people.  As much as it goes against conventional wisdom, people do judge a book by its cover.  I’m sure this book’s cover has hurt its sales.

As I stated earlier, it reads like a textbook.  Textbooks are usually packed with information, but not particularly engaging.  I could knock this book for not grabbing the reader, but I don’t really think that’s what it’s about.  I’d recommend that people read it slowly and pick topics they are already interested in to research.  Treat it like a textbook and it will serve you well.  Just don’t go thinking that it’s going to be riveting.

So to sum things up, I’d say this is a book you definitely have to own.  In time you’ll probably read all of it.  You may disagree with parts and you may find yourself quoting other parts.  It’s very well researched and organized so you’ll probably use it as a reference.