https://www.wired.com/2001/04/jim-bells-strange-day-in-court/ Declan McCullagh Apr 10, 2001 6:30 AM Jim Bell's Strange Day in Court The cypherpunk accused of threatening federal agents accuses his attorney of making death threats, admits stealing mail and then takes the Fifth. His attorney asks for a mistrial. Declan McCullagh reports from Tacoma, Washington. TACOMA, Washington – The trial of an Internet essayist accused of stalking federal agents took a bizarre turn after the defendant admitted to stealing U.S. mail and accused his attorney of delivering death threats. An increasingly agitated Jim Bell, author of the controversial "Assassination Politics" essay, told a jury on Monday that he was unfairly barred from presenting "six hours of testimony" about a campaign against him by IRS agents and he wanted to fire his court-appointed defense attorney. 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." Tanner, who had previously ruled that Bell was fit to stand trial, denied the requests. The 43-year-old chemist and entrepreneur took the witness stand on Friday to argue he had been conducting a lawful investigation into official corruption while compiling names and home addresses of government agents. Bell is charged with five counts of interstate stalking, and jury deliberations are scheduled to begin Tuesday morning. On Sunday, Leen visited his client at the nearby SeaTac prison, which apparently prompted Bell's accusations in open court. Bell testified calmly on Friday, regaling jurors with tales of how public key encryption and anonymous remailers worked, but by Monday had become embittered and combative. 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. Bell also acknowledged under oath that he had raided the mailbox of a person he mistakenly believed to be a Treasury Department agent, recorded personal information from those letters, then discarded them during dinner at a nearby McDonald's. Although Bell is not charged with that crime, a conviction would carry a fine and a sentence of up to five years in prison. 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. Because of that document, Assistant U.S. Attorney Robb London said, Bell "is in peril of being charged with perjury." "You weren't aware of the trust account that is maintained by you?" London asked about the Bell's shares of the Templeton Emerging Markets Fund. "Have you no shame?" Bell replied. "I'm taking the Fifth Amendment, which even innocent people are entitled to do." Bell said since he was no longer represented by counsel, the prosecutor's continued questions were inappropriate. "I'm concerned about your tactics," he said. "I don't believe I should be questioned under these circumstances.... I've been denied 15 defense witnesses. This is not a fair trial." Tanner has quashed all of Bell's subpoenas aimed at U.S. Marshals, prosecutors, defense attorneys and former and current prisoners, saying they were not relevant. Tanner has denied repeated motions for a mistrial from Bell's lawyer, in addition to motions to withdraw as counsel. Most Popular culture Why Adam Levine's Cringe DMs Are Perfect for the Meme Machine Chris Stokel-Walker gear Put a Little Power Cube Under Your Couch Eric Ravenscraft security The Ungodly Surveillance of Anti-Porn ‘Shameware’ Apps Dhruv Mehrotra gear Give Your Back a Break With Our Favorite Office Chairs Julian Chokkattu "Mr. Leen does not represent me," Bell said. "I wonder if it's legally proper for them to question me without counsel present." 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. "Much of that plea was basically fictional," Bell said. He said he was "given a pill the previous day. "I was groggy and sleepy." Upon questioning from London, the prosecutor, Bell said he never filed a motion to withdraw his guilty plea. London suggested that there were two types of U.S. citizens: Those who were federal agents and those who are not. He said that Treasury Department agent Jeff Gordon was authorized to investigate Bell, but that Bell inappropriately researched information on Gordon. "Do you understand that (Jeff Gordon) is given authority (as a) duly authorized law enforcement officer?" London asked. This case raises the question of what actions are protected by the First Amendment's guarantees of free expression and what crosses the line and becomes illegal harassment. 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. 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. "Are the IRS laws political?" Tanner asked. "I thought they were passed by Congress and signed by the president." Tanner suggested the IRS was as apolitical as a highway "speed limit." "I'm going to deny those instructions," Tanner said, which means the jury will not consider the First Amendment implications of the charges against Bell. Bell has complained that the media was "boycotting" his trial. On Sunday, his mother, Lou Bell, sent e-mail to members of the cypherpunks list saying: "Please send messages to the following newspapers and ask them why they haven't been following the trial of James Bell in federal court in Tacoma. There will be extremely important testimony by James Bell on Monday."