(fwd) USA / Australia - Civil Liberty
Path: news.aus.world.net!news.us.world.net!usenet From: tomk@world.net Newsgroups: aus.legal Subject: USA / Australia - Civil Liberty Date: Sun, 03 Mar 96 01:59:02 PDT Organization: (none) Lines: 78 Message-ID: <4hbcu6$jco@news.i.net> NNTP-Posting-Host: portland04.world.net Mime-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII X-Newsreader: NEWTNews & Chameleon -- TCP/IP for MS Windows from NetManage 1 March, 1996 At 1:50 pm today PST in the Federal Court of the USA in the State of Oregon, an Australian national Ms. Amanda Wilson was unfairly incarcerated by Justice Haggerty of the US Federal Court. During her incaceration, she was denied legal counsel, her request to have her embassy contacted was refused and she was informed by the Sherrif of Oregon, that she had no rights until she was transferred to a Federal Jail. This individual was a witness in a civil case and was neither named as the plaintiff nor the defendant. Work that she had performed for the plaintiff under contract was not being paid for by the Plaintiff and Ms. Wilson was not inclined to provide the information without her agreed remuneration. Justice Haggerty then claimed that Ms. Wilson was an agent of Koltai Inc and Thomas P. Kotlai and that her work was not Intellectual Property owned by herself until remunerated. Ms. Wilson claimed that she had evidence that she was acting as an independent agent. Justice Haggertys' response was that "I'm not interested in your evidence". Justice Haggerty ordered the Sherriff to detain Ms. Wilson for Contempt of court. Ms. Wilson then informed the court that she had done nothing wrong and that she was an Australian resident. The sherriff and his assistant then handcuffed and removed Ms. Wilson to the holding cells on level four of the Federal Courthouse in Portland. She requested leave to contact her embassy. This was refused. She requested the right to counsel, this also was refused. She then requested that the sherriffs office contact her parents in Australia to notify them of her arrest. The sherriff refused this request. She was then photographed, finger printed and informed that she would be removed to a jail later that afternoon if she did not comply with the courts order to divulge the passwords giving Ausnet Services Pty. Ltd. free access to her Intelectual Property. Justice Haggerty then visited Ms. Wilson in the holding cells to counsel her. Ms. Wilson requested from Judge Haggerty that she be allowed to contact her father and/or the Australian Embassy. Justice Haggerty declined this request. Ms. Wilson then gave into the pressure applied and gave the passwords required by Justice Haggerty. During her three hours and fifteen minutes of incarceration Ms. Wilson was humiliated with a personal body search. Threatened with transport to a jail in California. Informed that she had no rights and was generally verbally and mentally abused. Under USC 28, 1603, (B)(3) Ms. Wilson is an alien and the US Federal court has no jurisdiction over her. It is the opinion of this individual that the US Federal Court has exceeded its authority and has failed to recognise the civil rights of an Australian National. This file was posted by: Thomas P. Koltai Ex Managing Director of Ausnet Services Pty. Ltd. (http://www/world.net) Mobile: 1-503-260-3666 -- "I mean, after all; you have to consider we're only made out of dust. That's admittedly not much to go on and we shouldn't forget that. But even considering, I mean it's sort of a bad beginning, we're not doing too bad. So I personally have faith that even in this lousy situation we're faced with we can make it. You get me?" - Leo Burlero/PKD +---------------------+--------------------+----------------------------------+ |Julian Assange RSO | PO Box 2031 BARKER | Secret Analytic Guy Union | |proff@suburbia.net | VIC 3122 AUSTRALIA | finger for PGP key hash ID = | |proff@gnu.ai.mit.edu | FAX +61-3-98199066 | 0619737CCC143F6DEA73E27378933690 | +---------------------+--------------------+----------------------------------+
The following concerns a fragment from a message that seems to have been posted to "aus.legal" and to c'punx. Please feel free to forward to aus.legal if you have access to that group. On Sun, 3 Mar 1996, Julian Assange wrote:
Under USC 28, 1603, (B)(3) Ms. Wilson is an alien and the US Federal court has no jurisdiction over her.
Highly dubious. The court has full jurisdiction over all non-ambassadors in its jurisidiction. Whatever passport they may hold. The cited text relates to the immunity of foreign states and their ambassadors and their political subdvisions. It is not an exemption for all tourists, foreign workers or the like. A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's not warm here today.
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Michael Froomkin