If anyone has a good contact with the ACLU, this is a time to use it! Date: Sun, 10 Jul 94 16:49:03 PD Lines: 83 DRAFT MOTION (Note this is not a motion, but an early draft by a non-lawyer -- -me- about one aspect of the AA BBS case. I have been very concerned with what I have found about the performance of the courts. It has turned out to be a lot worse than I thought. Keith Henson) On July 8, 1994 Judge Julia Smith-Gibbons, United States District Court for the Western District of Tennessee in Memphis TN, verbally ruled that defendant's motion to dismiss (improper venue based on the North American Free Trade Agreement and others) was denied. Her words were that her order denying the motion was "in the typewriter." Defendants and defendant's attorney expect (on the basis of her previous judicial conduct) to be handed the written order at the time of trial, precluding any interlocutory appellate remedies. Defendants Robert and Carleen Thomas are therefore forced to appeal Judge Gibbon's ruling without an order reduced to writing and signed by the court. However, her verbal ruling is "final" with respect to this issue. If this interlocutory appeal were delayed until after trial the Thomases' would be irreparably harmed, even if acquitted. Not only would they lose the cost of trial, which could not be recovered civilly, but they would have to shutdown their business as it requires part time physical presence. (Trial in this area would not be as onerous in that the business could continue to be operated with a few hours attention each night.) These motions are being filed in both the Sixth and Ninth Cir- cuits because the underlying case involves an *assault* on the authority of the Circuit Courts, and therefore upon the entire court system. When the Courts lose their capacity to function normally it is termed insurrection. The case at hand may be close to this state. As is made clear by attached documents, a *district* court in the Sixth Circuit is attempting to enforce authority over persons and property in the Ninth Circuit on the basis of a manufactured "crime". The gross inequity performed by law enforcement agents in manufacturing the child pornography charge could be proved at trial, but the *law* on which the "crime" is based (Title 18, Section 2252 of the Federal Code) has been ruled "unconstitutio- nal on its face" in the Ninth Circuit (US vs X-citement Video, Inc., 982 Federal Reporter Second Edition, page 1285, Dec. 16, 1992). At the time of the search of the Thomas's home and business, (January 10, 1994) this statute *could not* be used to prosecute *any* person in the Ninth Circuit because it is an unconstitutional law, and unenforceable. (Judge Gibbons was notified on June 22, 1994 of these facts.) On January 26, 1994 a Federal Grand Jury in Memphis Tennessee returned an indictment against Robert Thomas citing section 2252, a section which *could not be applied* by any Ninth Circuit District Court to a citizen in that circuit or any other Circuit. (There were other sections cited including section 2256 calling for forfeiture of tens of thousands of dollars of computer hardware to the Tennessee authorities, and possibly the sysops home, car, etc.) The effect--if a district court in one section of the country is allowed to charge citizens on laws ruled unconstitutional in the Circuit where they live--is to completely undermine the authority of all the Circuit courts in the country. This case is about liberty and property, but taken to the extreme, a person could be removed from his home by a District Court operating in another part of the country and executed. This appeal is about nothing less than the authority of *any* Federal court to protect the life, liberty and property of any citizen of the United States. If this appeal is not granted, it will show that the District courts can ignore another Circuit's laws and do anything they want with a citizen's life, liberty and property. It will show that the Circuit courts do not have the authority to protect life, liberty, or property for the people within their circuit, and ultimately will undermine the courts ability to protect any inhabitant of the United States. (Net.folks--please comment!)