blog of bile » Manhattan

Julian Heicklen’s 2010-02-08 Progress Report

bile — Mon, 08 Feb 2010 20:01:57 +0000

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.

On April 17, 2007, I was arrested for protesting across the street from the UN building in Manhattan when the President of Iran was speaking. I was not committed at arraignment, but agreed to attend a court hearing. When the court did not respond to any of my queries, I did not appear at the hearing. A bench arrest warrant was issued. There is no intent of the court to prosecute the case. The purpose of the arrest warrant is to make it difficult to sue the police. I tried to get this warrant quashed in the NY Supreme Courts, but failed. As a result I filed two civil complaints in the U. S. District Court. In one of these cases, I sued several NY judges, the DA, and the NY City Comptroller. In the other complaint, I sued the NY City police. I intend to file criminal complaints against the NY City police.

The complaint against the judges et al has been dismissed by the U. S. District Court based on immunity arguments. I have filed an appeal with the U.S . Court of Appeals: 2nd Circuit. I have been awaiting a hearing for oral argument for 6 months. I have written to U. S. Supreme Court Ruth Bader Ginsburg asking her to get the Circuit Court to proceed. No response yet. Judge Ginsburg is the Supreme Court judge who oversees the 2nd circuit appeals court.

The complaint against the police was accepted by the District Court, and a judge was appointed in January, 2009. So far there has been no movement, though there has been an extensive exchange of correspondence. I have asked the judge three times to recuse himself, but he refuses to do so. Recently I have filed a complaint of judicial misconduct against the judge with the Court of Appeals: 2nd Circuit.

2. My web page

Now, with the help of my webmaster, I am in the process of updating my web site at http://www.personal.psu.edu/jph13/. There are 5 new links on my home page. These are:

a. Fully Informed Jury Demonstrations Already posted are the e-mail summaries of the six events at which I was cited last fall.
b. NY City Police Crimes as of 10-19-09. This has just been posted. It lists 23 crimes committed by the NY Police in the last few years.
c. Judicial Failure. This has just been posted. It shows the pertinent documents in my current lawsuit against the NY State judiciary.
d. NY City Police Civil Lawsuit as of 01-24-10. This is just being posted. About 10 of the 20 links have been posted. I hope to get the other links posted in the next week. It shows the pertinent documents in my current lawsuit against the NY City Police.
e. “Homeland Security: The U. S. Gestapo” This has not been posted yet, but will be by the end of February. It will show the pertinent documents in my current lawsuit against Homeland Security et al.

3. My current plans

a. The rest of February will be dedicated to updating my web page.
b. In March, I hope to get the three new criminal complaints submitted, prepare and deliver speeches, and prepare my income taxes (ugh).
c. In April, it is back to passing out FIJA literature at U. S. courthouses. Some of you have indicated an interest in joining in this activity. I particularly encourage the retired elderly to participate for 2 reasons:
i. You have nothing to lose if arrested. You cannot lose your job. You do not have one. Your future cannot be destroyed. You do not have one. You will not be sent to jail. It is too costly to keep old people in jail and provide their medicines and nursing care. The worst that can happen is a fine of less than $200 and parole. Your parole officer will not have any interest in you, so that this would be a formality.
ii. Our generation of oldtimers caused the problem. It is only appropriate that we attempt to fix it.

3. Courthouse action

Beginning In April, I will return to the US. District courthouses to distribute FIJA material. There are ten such courthouse within reasonable driving distance for me. These are in Manhattan, Brooklyn, and White Plains in NY; Newark, Trenton, and Camden in NJ; and Philadelphia, Reading, Allentown, and Easton in eastern PA. I will need your help in targeting all of these places.

Targeting the U. S. district courts is a trifecta:
a. We inform the jurors of their obligation to deliver justice.
b. We will stop Homeland security from infringing on our first amendment rights.
c. Hopefully, the courts will get the picture that they must stop being in collusion with the police and start delivering rapid justice. If not we will have to shut them down by massive acts of civil disobedience.

4. Tyranny Fighters E-mail list

There now are 132 names on my E-mail Tyranny fighters list. However some of these are E-mail lists. In addition two of you have informed me that you are forwarding the progress reports to your own lists of more than 400 people each. Also our publicity team is spreading the word Almost certainly we are reaching over 1000 people now. This is a group that can have some influence if we all participate.

5. Your assignment

Your assignments are threefold:
a. publicity, publicity, publicitly
b. Get new members for the Tyranny Fghters E-mail list.
c. Plan actions of of your own. Keep me informed of these, so that I can pass the information to the E-mail list.
d. Let me know if you will participate at any of the above-named courthouses.

6. My schedule & availability

Currently I am slated to give talks on March 8 to the NY Libertarian Party (The State of the Union) in Manhattan, on March 13, to the NJ Libertarian Party (The State of the Union) at Rutgers University, on March 27 to the Libertarian Party of PA state convention (Judicial Collapse), and deliver the sermon (Who are the Jews) on May 8 at Congregation Beth Shalom in Teaneck, NJ. I will be in Cromwell, CT from February 10-13, the Silicon Valley, CA area from February 25-30, and in Las Vegas, Nevada from March 1-5.

I travel around the country a lot. I am available to participate in actions or give talks in your area when I am in your vicinity for no fee. It is worth the price. If I have to make a special trip to get there, I will need travel and lodging expenses.

7. Talks I can give

1. The State of the Union
2. Police malpractice
3. NY City police crimes
4. Government Misonduct
5. American Justice
6. Jury Selection in Centre County, PA
7. Truth about Marijuana
8. Marijuana Smokeouts
9. Fully Informed Jury
10. Prison State & Life in Prison
11. Annulment of Bill of Rights
12. How Bin Laden won the war

These are all variations of the same speech. I just change the titles so that you think that you will hear something new if you come for another talk. Actually, you will learn something new, because you will have forgotten what I said the previous time.

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.

Mike Benoit has written a book entitled “Sham and Shame of the Federal Income Tax.” You can purchase it directly from him for five dollars. His E-mail address is in the header of this E-mail.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Julian Heicklen’s 2010-01-26 Progress Report

bile — Wed, 27 Jan 2010 03:14:32 +0000

from an email sent out to supporters

Hi Tyranny Fighters:

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

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.

I have two legal advocates that help prepare legal briefs.

One of you has agreed to be my webmaster. Stuff will appear on my web page shortly.

One of you has offered to write an article about the arrests for publication in a mainstream magazine.

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.

Iloilo Jones of FIJA has been very helpful and supportive.

Some of you are forwarding my e-mails to your e-mail lists.

One of you makes my signs.

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

My day in court 2010-01-19

bile — Tue, 19 Jan 2010 23:59:45 +0000

Arrived at 500 Pearl St at approximately 9:55AM. Met NYCLU representatives in front of building.
Approximately 10:00AM we entered the building and stood in line for a security scan.
At 10:20AM we got to the appropriate floor / counter. I let them know I’m present and we wait.
10:40AM two officers arrive. Neither is the arresting officer, C. Barnes #245.
10:45AM I overhear the officers say to the clerk that C. Barnes #245 is not going to show up. He’s apparently in training in Washington DC for the next 2 weeks. Later we learn that the Assistant US Attorney only learned he was going to be absent that morning.
10:48AM Officers notify two women that their meeting with the AUSA has been rescheduled due to C. Barnes #245’s absence. They are both obviously upset. The taller, Hispanic officer attempts to get them to just pay the tickets. Asking several times if they would be paying it. As they go to leave a gentleman in his 60’s asks one of the women if she was contacted in any way. She responds in the negative. He, obviously upset by that, says something to the effect: “They could have at least let you know he wasn’t going to be here. It’s the courteous thing to do. It’s *your* government. They should issue a warrant for him. They would have done that to you had you not shown up.” At least 5 people, including myself, are affected by C. Barnes #245 not showing. Each person spoken to by the Hispanic officer he tries to get them to pay the ticket.
10:50AM The Hispanic officer says to the other: “I say we just reschedule all of them.”
10:52AM The Hispanic officer speaking of Julian Heicklen’s 5 tickets, which he did not appear to contest: “They should just issue a warrant for this guy. He’s got five tickets.”
10:53AM The Hispanic officer starts checking out his cell phone. Perhaps reading text messages. There are several signs posted in the room saying that absolutely no one is to use cellphones.
10:55AM The officers leave to meet with the AUSA with the paper work for all those present.
11:00AM they start calling people in.
11:15AM I’m called and told C. Barnes #245 will not be showing up and therefore the appearance is rescheduled to February 9th, 2010. We ask to talk with the AUSA anyway.
12:05PM we are told to stand out in front of the conference room where the AUSA is meeting with people. He is in with the 60ish y/o who commented that Barnes should have a bench warrant issued for him. I missed the lead up to the incident but the gentleman was arrested and charged with disorderly conduct. Prior to the arrest apparently the officer stepped on his foot so hard that he broke at least one toe and caused the nail to come loose. He was wearing a cast. I was unable to gather any specifics otherwise.
About 12:55PM the man leaves the room with the AUSA and we knock and walk in. The AUSA says that we need to reschedule due to C. Barnes #245’s absence. My NYCLU reps inform him we are not fighting the description of events but feel the regulation does not apply. We are told that he would likely drop it down to deferred with a 60 day period in which I would not be able to record otherwise I’d they’d bring the issue to trial. We indicate we want full dismissal and he tells us that he will talk with C. Barnes #245 when he gets back and if he’s OK with a dismissal so be it otherwise we will have to talk again in February.

An account of the November 9th, 2009 arrest of Julian Heicklen and myself as well as a video can be found here.

Julian Heicklen’s 2010-01-15 Progress Report

bile — Fri, 15 Jan 2010 17:15:07 +0000

From an email received around noon, 2010-01-15:

Hi Tyranny Fighters:

I received 4 summons from the District Magistrate of the U. S. District Court in Manhattan. These were 3 citations and one misdemeanor criminal charge that I received while distributing FIJA literature in front of the courthouse. The fine for each of the citations was $100.00, which I could pay by mail or appear in court on January 19, 2010. I was ordered to appear on January 19, 2010 in court for the misdemeanor charge of forcibly resisting arrest.

I notified the magistrate by mail that I would not pay the fines nor appear in court. Four reasons were given in my letter. The complete letter is posted at:

http://www.personal.psu.edu/jph13/…

From the above you can see that I have resuscitated my web page, which has been idle for over seven years. I completely forgot how to use the web. I have spent 5 full days relearning how to do this. Much more material will be appearing there in the near future concerning the court cases. If any of you have freedom pages on your websites, let me know. I would be interested in looking at them and linking any appropriate sites.

I am adding a section to my periodic E-mails to inform you of freedom activities of other tyranny fighters. If their activities are of interest to you, please contact them. Their E-mail addresses will be in my E-mail open addresses at the top of my E-mails. There are at least 3 people who would be delighted to hear from you. They are listed below. If you would like to be added to the list, let me know in what activities you are involved.

Contacts

Iloilo Jones is Executive Director of the Fully Informed Jury Association (FIJA). You can purchase jury information and pamphlets from her. I encourage you to do so and distribute them at courthouses on jury selection days. The FIJA website is www.fija.org.

Mike Benoit is a libertarian activist in the San Diego, CA area. He founded and operates the Freedom Library. He runs a radio program called Tyranny Busters on Liberty Works Radio Network, Monday thru Friday 7 to 8 pm PT www.lwrn.net, www.blogtalkradio.com Call in number 646 721 9122. Recently he has written a book entitled “Sham and Shame of the Federal Income Tax,” which can be purchased for five dollars by contacting Mike directly. He is very knowledgeable about income tax law.

Garry Reed writes regularly for the Libertarian News Examiner. He is eager to get news about liberty issues that he can publicize. He has been great in publicizing my activities.

I am sure that there are others of you who should be on the list. Let me know.

Warning: You should know that the Federal Protective Service, and possibly the FBI, is intercepting my E-mails. Be prudent in what you write to me.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

In related news the NYCLU is representing me next Tuesday with regard to my November 9th, 2009 arrest for filming on federal property.

Julian Heicklen’s 2009-11-23 FIJA outreach and arrest

bile — Tue, 24 Nov 2009 01:43:41 +0000

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 23, 2009. The weather was cold and windy. I stood in the middle of the plaza in front of the courthouse.

I passed out 10 of the FIJA pamphlet entitled “True or False: Factual Information about Jury Service” along with my flyer (see below). At 12:10 pm three Homeland Security police officers approached me. I asked them to identify themselves, but they did not. Instead they asked me who I was. I responded that I did not have to identify myself, but that they did. One of them grabbed my arm and placed me under arrest. I fell to the ground and lay still on the cold ground for about 1/2 hour and said nothing. I was not handcuffed.

The police confiscated my ‘JURY INFO” sign and my pen, but not my remaining pamphlets. I was not issued a property receipt or a citation.

While on the ground, some individuals were taking pictures of me. They were informed by the police that they could not take pictures on federal property, but at least one of them continued. I do not know what happened to them. I overheard one of the police officers say that he saw my web site and himself on youtube.

Medics from the fire department arrived. They asked me questions, but I did not respond. They pounded on my chest and shoulders to try to get me to respond, but to no avail. Then they searched me for identification, which I do not carry. While doing this they put a 3-inch rip in my pants.

Soon an ambulance arrived, I was lifted onto a gurney, and placed in the ambulance. The ambulance attendants also punched me in the chest and shoulders to get me to talk, which did not work. They also gave me a medical exam.

I arrived at New York Downtown Hospital and was treated by 4 nurses, who stripped me naked and gave me the most thorough medical exam of my life. This included two intravenous injection, blood withdrawal, an electrocardiogram, stethoscope, blood pressure, pulse, eyes, and temperature. I was found to be in excellent health. However they did not give me a colorectal exam. Fortunately, my urologist had done that on November 11, 2009.

The nurses called two people listed in my cell phone to identify me, but they refused to identify me or themselves, as I had instructed them. Finally Dr. Cho came to see me at about 2:15 pm. I asked her if I was still under arrest. She said no and did not know why I asked. The hospital was told that the police found a man lying unconscious in the street. I talked to her, which greatly relieved everyone else. She tried to learn my identity, but I would not give it to her. I asked to be released, and she agreed.

The hospital wanted my name, address, and medical insurance information. I refused to give any information. I was released at 2:35 pm and signed the release form “John Galt.”

I was unable to make it today to record the event. I’m not sure if anyone else did but should it surface I will post it.

Julian Heicklen: Courthouse event of 11/16/09

bile — Tue, 17 Nov 2009 03:26:56 +0000

Hi Freedom Fighters:

Here is my report from the incident at the U. S. District Courthouse for the Southern District of New York on November 16, 2009:

FIJA DEMONSTRATION OF 11/16/09

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 16, 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). Two photographers, whom I do not know, were present At 11:48 am, I was approached by two federal marshals, who informed me that I had to leave. I demurred. They said that they would have to report me and left.

I passed out about 8 flyers, when three police officers from the Department of Homeland Security approached me at about 11:58 am. The leader was my friend Officer Barnes from previous encounters. After we exchanged the usual pleasantries, he placed me under arrest, and I fell to the ground. He confiscated my remaining 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 previously (see below). He unarrested me at 12:05 pm, and the police left the scene.

The Homeland Security Police also approached the photographers. Apparently one left, but the other would not. He was taking pictures of my arrest. He was placed under arrest. However, he apparently had a permit to photograph a trial, which was the reason he was there. He identified himself as a photographer for the “Post.” He was not cited nor any of his property confiscated.

Another pedestrian was standing about 20 feet away observing events. The police approached him nd told him that he had to leave. Apparently standing on federal property is also an offense. However, apparently he left and was not cited.

Police harass FIJA activist, arrest videographer by Garry Reed

bile — Tue, 10 Nov 2009 21:11:20 +0000

Original story at: http://www.examiner.com/…

Julian Heicklen is confronted by police for apparently committing the
crime of free speech on public property (screenshot from spycam
video by bile)

Police arrested a freelance videographer and confiscated the memory card from his camera while he was recording FIJA activist Julian Heicklen Monday.

The videographer, who goes by the name of “bile,” was standing on public property at the time.

Heicklen, for the fourth Monday (jury selection day) in a row, was passing out the Fully Informed Jury Association (FIJA) pamphlets, “A Primer for Prospective Jurors” at the federal courthouse in New York City.

After police briefly spoke to Heicklen and left, bile approached him and conducted a short interview.

As he explained on the Free Talk Live radio call-in show that evening, bile had heard about Julian’s previous activism and arrests and decided to support him by acting as a witness.

The police, with additional officers, returned and asked Heicklen to leave. He declined, so they announced he was under arrest. As Heicklen always does, he dropped to the ground and went limp and silent.

It was then that Police confronted bile with his digital camcorder. When bile informed them that, “I was working for Free Talk Live,” they said he was under arrest for breaking a federal statute that regulates what people on federal property may photograph.

Bile was told he was guilty of photographing “without permission.”

After convincing the police to take only his memory card “for evidence” rather than his camera, and accepting a receipt for it and a citation for his offense, bile was released.

Meanwhile, police confiscated Heicklen’s remaining FIJA brochures, his JURY INFO sign, and left him a receipt and a citation.

Joel Kupferman, a lawyer and Executive Director of the New York Environmental Law & Justice Project, appeared at the scene and observed the events. An NBC reporter was also noted to be present.

For the first time in four trips to the courthouse to hand out FIJA fliers, Heicklen was released rather than arrested and then transported to a psychiatric hospital.

When he’s not fighting for everyone’s civil
liberties, Julian Heicklen is a Diamond Life
Master bridge player with over 5000 master
points. Last May he competed at the
Richmond Memorial Day Weekend Regional
in Richmond VA. (photo courtesy of Jonathan
Steinberg)

Articles covering Heicklen’s previous efforts can be read at the Libertarian News Examiner. Also, Heicklen always writes his own reports on the day’s events and Len Flynn always posts them in their entirety on the New Jersey Libertarian Party homepage.

Bile also wrote and posted his own detailed account of his encounter with the American police state, “Arrested for filming the arrest of Julian Heicklen on federal property.”

But bile was one step ahead of the police. As he revealed in his report on Free Talk Live (he’s in the second half of the broadcast), “I had a little spycam that I had tucked in my belt that was recording the whole time just in case something happened with my camcorder.”

Bile’s spycam video can be seen at blog of bile. Bile also escaped with his audio interview of Heicklen and it is posted on the same blog page just below the video.

In an email to his growing number of supporters nationwide, Heicklen explained the motivation behind his actions.

“Originally, I went to the US District Court in Manhattan to inform juries of their rights. For me this is now the secondary issue. The primary issue has become freedom of speech. Jury nullification has become the vehicle to reclaim this right.”

Heicklen ends his reports on this ominous note:

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

However, a growing number of supporters have been responding to Heicklen’s call to action. The presence of bile, Joel Kupferman and the NBC reporter are part of that response.

To become part of the freedom of speech movement, contact Julian Heicklen at jph13@psu.edu.

FIJA Demonstration of November 9, 2009 by Julian Heicklen

bile — Tue, 10 Nov 2009 13:00:02 +0000

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/

Arrested for filming the arrest of Julian Heicklen on federal property

bile — Tue, 10 Nov 2009 04:21:36 +0000

Code of Federal Regulations
- Title 41
  - Subpart C — Conduct on Federal Property
    - Photographs for News, Advertising or Commercial Purposes
      - § 102-74.420 What is the policy concerning photographs for news, advertising or commercial purposes?
        Except where security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it, persons entering in or on Federal property may take photographs of–
        
        (a) Space occupied by a tenant agency for non-commercial purposes only with the permission of the occupying agency concerned;
        
        (b) Space occupied by a tenant agency for commercial purposes only with written permission of an authorized official of the occupying agency concerned; and
        
        (c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes.

This is the code under which I was arrested for this afternoon (2009-11-09) at approximately 12:30PM for saying that I do freelance work (for free, though I didn’t make that as clear as I could have) for Free Talk Live while filming the arrest of activist Julian Heicklen. Julian has been arrested the past three Monday’s for refusing to stop handing out FIJA information and brought to a mental hospital each time for unexplained reasons.

I was relaxing near a large stone statue perhaps 100 feet away when Mr. Heicklen entered into a rather large public area in front of the court house at 500 Pearl St. in Manhattan. After he was approached by police I walked up with my primary camera to record the conversation between the two officers (Sullivan and Musumeci) and Julian. I was asked by officer Sullivan (@2009.11.09 00:46:23 in the footage) “You got something to do?” which I replied that I was just observing. The officers ask Julian to leave, Julian offers me jury information and then refuses to leave or give officer Musumeci, who was doing the talking, his name. Musumeci then says “OK, lets call the boss.” and walks away. I took the information Julian handed me and then walked 20 to 30 feet away to the side of the area near a lamp post and read through the pamphlet.

After done reading the information (2009.11.09 01:10:19) I approached Mr. Heicklen again and performed a brief interview.

Right after the interview and a brief chat with Julian the officers approached us and I was asked by the arresting officer, C. Barnes #245, who I worked for and Julian informed them and me that I didn’t need to tell them. I step back from the immediate area of the arrest while filming.

After going through Julian’s belongings and then removing some of them from his person officer C. Barnes #245 approaches me and asks who I work for. Not aware of the statute above I said a news agency referring to Free Talk Live (which it’s not but “radio talk show” didn’t mediately come to mind) who informs it’s listeners to use them if questioned in such a manner. I’m then told of the statute and that I’m now under arrest for breaking it. I knew better. I should have stayed quiet. Never talk to the police. C. Barnes #245 gave me no real ability to explain my relationship with FTL and interrupted me as I attempted to explain. Officer Sullivan also spoke at the same time making it difficult to figure out what was going on or who to listen to especially when both had their hands on me. I was accused of not having a press card without them actually checking or asking for one.

My hands are placed behind my back, my camera taken by a plain clothed officer and officer C. Barnes #245 asks if I need to be cuffed. I say no and he tells me to sit on the flowerbed edge. He asks for a state ID. I tell him I don’t have one and ask if I’m required to carry one. He states that on federal property I must (can someone confirm or deny this?) and then threatens to take me to jail so to obtain fingerprints. Telling me that I’d be free in a few days when the results came back. Not wanting to sit in jail I offer him my Free Talk Live press badge which he accepts.

I sit down and check my cell phone to see the time. The plain clothed officer gives me grief for doing so asking to see the phone and to tell him what I just did with it. I inform him I just checked the time and he allows me to put it away. He then tells me I should have just stopped recording when I was asked. Officer C. Barnes #245 and I inform him that I was never asked to stop recording. After a moment I try to break the tension by commenting on the quality of the camera after seeing the plain clothed officer checking it out.

The citation is filled out and I am asked to sign the ticket but told I may refuse to do so. I should have asked the consequences for not doing so but it slipped my mind. After reading the ticket over I signed adding “under duress” at the end.

Then on to the camera. It’s being kept as evidence that I filmed and broke the above rule. At no time during this event was I asked to stop recording or was asked to show that I had in fact recorded anything. I also did not see the arresting officer confirm I had recorded anything. He was processing me and the plain clothed officer had the camera. At one point (@2009.11.09 01:20:00) the plain clothed officer opens the camera, turns it on and starts meddling with it. I ask what he’s looking for and he tells me I’m not permitted to record on federal property without permission which was obvious given I was just arrested for that. He then shuts the camera and tells me I couldn’t film the arrest and officers. I make the claim that there is nothing wrong with doing so and he gets snippy with me sarcastically asking me if I know the law. I ask him if he knows the law, the exact statutes, and he tells me not to worry about it and to sit down.

A man who noticed the going on stopped to witness what was going on and is asked to step back but otherwise left un-harassed.

At 2009.11.09 01:26:36 I ask C. Barnes #245 about the expected length of time between now and when I should expect a court date. After telling me 60 to 90 days I repeat in surprise the length and he says “It’s the federal government. What do you expect?”

A receipt is retrieved for C. Barnes #245 by the plain clothed officer for my camera and when told the camera is going to be held for evidence I ask if only the memory card could be since it’s a purely external flash based devices with no internal memory. C. Barnes #245 accepts that and the plain clothed officer starts to take out the card but then C. Barnes #245 instructs him to have me do it instead. C. Barnes #245 takes the chip and copies down the serial number on it’s back, gives me a copy of the receipt. He never had me sign it and it slipped my mind.

I ask the plain clothed officer for his information but he deflects the questions telling me he’s not really involved and I don’t need it. Given his snarky attitude I didn’t want to push it and left it be. I’m told at some point by C. Barnes #245 that had I been on the sidewalk I would have been fine though I’m not sure that’s true given my understanding of the statute above.

After everything was done regarding my arrest I walked over to Julian and the observer (later identified as Joel Kupferman, a lawyer and Executive Director of the New York Environmental & Justice Project.) We chatted about the situation for a few minutes and then parted ways.

Footage will be posted shortly. Note that the timestamps are incorrect. I was released by police and walked over to Julian and Joel at about 12:35PM meaning the arrests took place about 12:20PM.

Update:

Julian Heicklen’s account can be found here: http://blogofbile.com/2009/11/10/fija-demonstration-of-november-9-2009-by-julian-heicklen/

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

Police cracking down on NYC subway musicians

bile — Mon, 09 Nov 2009 12:54:13 +0000

http://amny.com/…

Are the strings attached to subway strumming getting tighter?

Veteran transit musicians say police harassment has grown to disturbing levels in recent months, leading some to fear that independent performers could be driven out of the subways.

“It’s a game to drive you crazy,” said Mark “Shakerleg” Nicosia, 34, a subway drummer who has been ticketed repeatedly this year.

The musicians, also known as buskers, report they have been banned from certain areas of the platforms and have been ushered out of the subways even before setting up their equipment. While anyone can legally play in the subway, artists suspect police are targeting musicians who have not been officially sanctioned by the MTA under its Music Under New York program.

“It’s a blitz. I’ve been written up in so many ways,” said Ron Wingate, 43, a guitarist who has performed in the subways for eight years.

Playing in the subways was illegal for decades, but a judge reversed the ban in 1985. NYC Transit allows performers to play acoustic on subway platforms and with amps on mezzanines. Volumes can’t be “excessive” and artists must not block pedestrians or play near construction, according to transit rules.

More often then not these musicians are harmless. I walk past at least 3 a day. There are some I really enjoy like the accordion player in the tunnel between Port Authority and Times Square. Others are awfully annoying… but what are you going to do? It’s a public area. Well it’s government owned/subsidized… often you will be told by the NYPD and PAPD that it’s in fact private property. No real owner means clear and fast rules are impossible without conflict.

I wish the musicians luck in combating this crackdown and will try to film any ticketing events I come across. I’ve been harassed by the PAPD for supposedly creating a disturbance before in Grand Central yet musicians can blast arbitrary music and Christians and Jews for Jesus can hand out literature which mostly ends up on the ground and yell about “the Lord” and the end times. Due to that difference I always used them as examples of the ridiculousness of the claim we were causing an out of the ordinary disturbance. Should the NYPD/PAPD/MTA continue to crack down on musicians and others my counter example will be lost… though I will likely gain allies.