Ah, I see Declan has posted his impressions of Day 5 on Wired News. http://www.wired.com/news/politics/0,1283,42951,00.html
Jim Bell's Strange Day in Court by Declan McCullagh
Bell's lawyer, Robert Leen, twice asked U.S. District Judge Jack Tanner to halt the proceedings because his client had a "major mental disorder."
Gosh, don't you just love how federal public defenders "help" their clients, by calling them crazy in front of the jury. Reminds me of all those patronizing press conferences given by Tim McVeigh's lawyer during the trial, in which he coyly explained that even human refuse like McVeigh deserved the rubber stamp of due process, all the while holding his nose, and acting like it pained him greatly to even be near the guy. Until Leen gets his MD, and Bell is his patient, he's not qualified to diagnose anyone.
He said that his attorney "communicated a threat" against Bell and Bell's family during the meeting, and "threatened to cut me off after 30 minutes if I mentioned" accusations against fellow prisoners.
One wonders why the article describes Bell as "Agitated," "Embittered," and "Combative," rather than by a more value-neutral term like "Angry," unless the reporter is also playing the diagnosis game here.
During cross-examination, Bell invoked his Fifth Amendment right against self-incrimination when asked about $2,000 a month in trust fund income not reported on a statement that he signed in November 2000 to qualify for a court-appointed lawyer.
Why was this line of questioning even permitted? It is a meta-issue, has nothing to do with the charges, and seems only a shameless attempt to further poison the jury.
The Vancouver, Washington resident said he was coerced into taking a plea agreement on July 18, 1997, in which he admitted to obstructing IRS agents, writing "Assassination Politics" and stink-bombing the carpet outside an IRS office.
It would seem to me that since writing "Assassination Politics" was not illegal, it should not be mischaracterized as a crime confessed to on a plea agreement. The press does this all the time of course, reporting that defendants "admitted" things in their plea agreements, which were not the subject of any criminal charges, thus juxtiposing certain acts and illegality in the mind of the reader. Statements of fact in a plea agreement which are only background should not be deliberately confused with the crimes being confessed to. Would we say Bell "admitted" to having a chemistry diploma, or "admitted" to living at a certain address? I think not.
London suggested that there were two types of U.S. citizens: Those who were federal agents and those who are not.
Some animals are more equal than others, I guess.
Because Bell repeatedly said he would not violate the law, Leen had hoped to raise a First Amendment defense -- essentially saying that because the law protects advocacy of violent acts, the jury can find Bell to be not guilty as charged.
Of course, the point that is missed here is that "Assassination Politics" and Bell's attempt to document federal harrassment of him after his release, are two completely unrelated things. This is a big trend in prosecutions these days, so much so that if one is outspoken in ones beliefs, one cannot commit any acts that seem to support those beliefs, and vice versa. Someone who advocates government overthrow and plays paintball on the weekends, is looking at a long prison sentence. It is safe to do either, but not both. The "threats" and "acts in support of the threats" can be completely unrelated, and the government will still win the case.
Leen asked the judge to incorporate a First Amendment defense in instructions to the jury. But Tanner nixed that idea. He said he did not believe Bell was engaged in political speech.
Hmmmm. Is it "Congress shall make no law ... abridging the freedom of political speech...?" Obviously Judge Tanner has a different version of the US Constitution than I do.
Bell has complained that the media was "boycotting" his trial.
Well, at least what media is not manufacturing consent for his conviction is boycotting his trial. -- Eric Michael Cordian 0+ O:.T:.O:. Mathematical Munitions Division "Do What Thou Wilt Shall Be The Whole Of The Law"