Robb London writes:
Attorney General Ashcroft personally approved your subpoena, and that of another reporter who published admissions by James Dalton Bell.
I'm sure he did.
The Government is not seeking any source material, notes, or other unpublished material from you by virtue of this subpoena. The limited purpose of the subpo ena is to have you review two of your published articles, acknowledge your auth orship, review several of the statements which you attributed to Bell in your a rticles, and have you verify that he in fact told you those things.
What's always struck me as odd is that Declan, who I have said previously seems to be spending far too much time eating at the King's table these days, seems to delight in publishing outrageous self-incriminating quotes from Bell, in lieu of any factual discussion of the issues raised by the case. I guess Declan must feel that as long as it's James Dalton Bell, and his elderly parents, who are the only likely victims of the anal plungering such comments engender, that it's great journalistic fun to put "Cypherpunk Terrorist Vows Revenge" articles at the top of Wired News to celebrate Bell's release from coercive mistreatment at the hands of the state apparatus. It is hardly surprising that these ill-chosen quotations resulted in a subpoena, so that they may be presented as evidence of motive as the government fabricates yet another laundry list of charges to hurl at Mr. Bell, in its neverending quest to manufacture terrorists to frighten the public with. As I've also said in the past, absent the government's persecution of Mr. Bell, AP would have been discussed briefly, like numerous other things on the Cypherphnks list, and quickly forgotten. The points Declan leaves out of his articles, and which I think are the more germain ones, I listed briefly in an April, 1999 message after Bell's first state-sponsored screwing. John Gilmore also pointed out that a lot of things people think are protected speech on Cypherpunks, actually aren't when you examine the case law used against Bell and similar defendants. As I wrote... <<The other thing I find interesting in this brief is the citing of case law which seems to gut the First Amendment with regard to politically motivated satire which discusses hypothetical violence against public officials. Indeed, while the statutes cited seem relatively straightforward with regard to what constitutes a threat, cited case law apparently permits the interpretation of a threat even if the defendant had no means or intent to carry it out, it was not communicated to the person allegedly targeted, and the person allegedly targeted would not have regarded it as a threat. <<So apparently, a non-threat can land you in jail as long as a ficticious "reasonable person" invented by the court, completely unaware of the context of the remark, can be hypothesized to have found it threatening in some way, even if neither you nor the person alleged to be threatened would have interpreted it in such a context. <<Under such an interpretation, Bell's mock trials of public officials, clearly designed as political theatre, could be considered criminal in the complete absence any genuine intent to do harm to public officials, and in the complete absence of any apprehension on the part of public officials that they might be harmed, as long as some hypothetical non-existent "reasonable person" could be deemed to have found the performance "threatening." This seems to tread dangerously close to outlawing pure political speech, which, according to the government, we do not need anonymity for, because we live in a "free society.">> It's would be real nice if Declan would someday write a Jim Bell article which explored the above issues, and didn't just quote Jim on what he intended to do to the pigfuckers next. As for Treasury Agent Jeff Gordon using anti-stalking laws, originally invented to protect terrified wives and girlfriends against psychotic ex's intent on killing them, as his current excuse to drag Mr. Bell into court, let me just say that I believe that my prior characterization of Mr. Gordon as the "World's Biggest Pussy" is still both Constitutionally protected and accurate. -- Eric Michael Cordian 0+ O:.T:.O:. Mathematical Munitions Division "Do What Thou Wilt Shall Be The Whole Of The Law"
On Fri, Mar 09, 2001 at 04:47:37PM -0800, Eric Cordian wrote:
I guess Declan must feel that as long as it's James Dalton Bell, and his elderly parents, who are the only likely victims of the anal plungering such comments engender, that it's great journalistic fun to put "Cypherpunk Terrorist Vows Revenge" articles at the top of Wired News to celebrate Bell's release from coercive mistreatment at the hands of the state apparatus.
That wasn't the headline, and in any case I don't write headlines for my articles. If anyone was in a position to object to the article -- which you seem to think is unfair to Bell -- it was in fact Bell, and he did not. As you can tell from my published articles, I interviewed him after that time. -Declan
Declan McCullagh wrote:
I guess Declan must feel that as long as it's James Dalton Bell, and his elderly parents, who are the only likely victims of the anal plungering such comments engender, that it's great journalistic fun to put "Cypherpunk Terrorist Vows Revenge" articles at the top of Wired News to celebrate Bell's release from coercive mistreatment at the hands of the state apparatus.
That wasn't the headline, and in any case I don't write headlines for my articles.
Since I said "articles," which is plural, and each article has its own headline, I think it should be clear to the clueful reader that the single descriptive phrase "Cypherpunk Terrorist Vows Revenge" was an opinion of the tone of the articles, as opposed to their actual captions. My apologies if this was unclear.
If anyone was in a position to object to the article -- which you seem to think is unfair to Bell -- it was in fact Bell, and he did not.
I'm not sure Bell is the arbiter of how well the articles you wrote address the real issues of the case. Bell could very well be happy with endless articles talking about himself, and saying nothing about the issues, and this would not suggest that Bell was all-important and the issues were not. I quite frankly find it embarrassing that the US government's search for genuine terrorists has gone so poorly that it must manufacture them from tax protestors who live at home with their elderly parents, and itinerant musicians with Tourette's Syndrome. Add to this government shills screaming in mock horror that a chemist was actually found in possession of (gasp) Nitric Acid, and I think an article which doesn't at least question how much the taxpapers are being billed for this expensive continuing circus, and for what degree of protection against what probable terrorist acts, kind of misses its mark. Granted, your articles don't rise to the level of the US News and World Report distortion of the Bell case, which deliberately gave the impression that early concerns over Bell's rights being violated were misplaced, and that in retrospect, the government saved us all from destruction at Bell's hands in a massive terrorist attack by arresting him just in the nick of time. Nonetheless, I think you could have done a better job of shining light on the more sordid aspects of the government's case, the harmlessness of Bell, and pointing that the charges against Bell were place-holders for the real goal of intimidating him into not continuing to exercise his First Amendment rights in ways the government didn't like. The US Government claims it has no political prisoners, because the law books of the United States have no purely political crimes. Of course this is false, and political prisoners in the United States are simply convicted of non-political crimes, with evidence of their political acts being introduced to poison the outcome of their trials, after which exceptional sentences are imposed, again using their political acts as justification. Pulling such antics off is not particularly hard. You just need enough laws to ensure that everyone is guilty of something, in case they rock the boat and need to be dealt with. -- Eric Michael Cordian 0+ O:.T:.O:. Mathematical Munitions Division "Do What Thou Wilt Shall Be The Whole Of The Law"
participants (2)
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Declan McCullagh
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Eric Cordian