[We The People] Simkanin Back in Jail (fwd)

J.A. Terranson measl at mfn.org
Sun Jun 29 20:41:40 PDT 2003


Echoes of Jim Bell here: 

"(Note: Although apparently not mentioned in Friday's oral arguments, the DOJ
has reportedly asserted that language that appeared briefly on Simkanin's
website some time ago referring to "heavenly fires" that would strike at
government agents that illegally moved against him constituted a direct
threat justifying incarceration.)"


-- 
Yours, 
J.A. Terranson
sysadmin at mfn.org

"We have folded in on ourselves; we have severely weakened the delicate
international coalitions and alliances that are vital in maintaining and
promoting peace, and we are part now of a dubious troika in the war against
terror with Vladimir Putin and Ariel Sharon, two leaders who do not shrink in
Palestine or Chechnya from carrying out acts of gratuitous and senseless acts
of violence. We have become the company we keep."

Christopher Hedges
15-year veteran of foreign war coverage for the New York Times


---------- Forwarded message ----------
Date: Sun, 29 Jun 2003 22:34:41 -0500
From: "Bob Schulz (DO NOT REPLY - Unmonitored Mailbox)"
    <LMM-1-116-50433 at givemeliberty.org>
To: measl at mfn.org
Subject: [We The People] Simkanin Back in Jail

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6-30-03

Employer Simkanin Sent Back To Jail

Federal Judge Openly Ignores Due Process
Government Attacks Simkanin's Company


Dick Simkanin, owner of Dallas based Arrow Custom Plastics, was remanded
back to a federal detention facility following a hearing Friday that was
described by an eye-witness as a legal sham.

Simkanin, facing 27 counts of violating federal tax laws related to
failing to withhold wage taxes on his employees, had previously been
arrested and subsequently released following a detention/bail hearing
before a federal Magistrate on Wednesday.  At that hearing, DOJ failed
to produce any evidence that established that Simkanin was either a
"danger to the community" or a "flight risk." 

During a scheduled arraignment related hearing Friday, US District Court
Judge John H. McBryde dismissed, without any consideration, several
motions filed earlier in the week by Simkanin on a "pro se" basis,
ruling that they were completely "frivolous."  One of these motions
requested a legal "Bill of Particulars" (which cites the exact statutes
violated and circumstances of the alleged crimes) and other required
legal documents which verify the indictment process. 

Judge McBryde then proceeded to take notice that the DOJ had filed a
"motion to reconsider" federal Magistrate Erma Ramirez's ruling from
Wednesday that had freed Simkanin on his own recognizance.  Over the
extensive and repeated objections of Simkanin's legal counsel Weuster,
the judge began to address the DOJ motion for reconsideration during the
arraignment hearing.  

Weuster objected that the motion to reconsider had only been filed on
Thursday, and that they had not had any time respond to it, much less be
prepared to argue the motion in court.  Weuster strenuously objected
that a hearing on that matter could not take place without prior public
notice as is required by law and proper due process.  Judge McBryde
ignored Weuster's objections.

According to reports from witnesses, Simkanin and his attorney were then
given several minutes to confer on the side of the courtroom. Simkanin
then took the stand, answering questions from his own attorney and then
from the US Attorney regarding Simkanin's beliefs regarding the
jurisdiction of the court, the jurisdiction of the US inside Texas, etc.
and about a letter he had apparently sent to the US Attorney as part of
his earlier grand jury appearances over the last two years.  

(Note: Although apparently not mentioned in Friday's oral arguments, the
DOJ has reportedly asserted that language that appeared briefly on
Simkanin's website some time ago referring to "heavenly fires" that
would strike at government agents that illegally moved against him
constituted a direct threat justifying incarceration.) 

At some point during the questioning of Simkanin, Judge McBryde simply
stopped the discussion and summarily remanded Simkanin to be held by the
federal authorities, remarking that a further detention hearing would be
scheduled following McBryde's review of the transcript of the original
detention hearing from Wednesday.

According to legal documents, Judge McBryde has a significant history of
aberrant and improper behavior from the bench.  Judge McBryde was
effectively suspended from the federal court in 2000 for over a year as
a result of special, several year judicial investigation that documented
a long history of McBryde's flagrant abuses of judicial power and
courtroom practices that negatively affected the judicial process, i.e.,
denied due process.  The following quote comes from the 5th Circuit
appellate court decision
<http://pacer.cadc.uscourts.gov/common/opinions/200109/00-5016b.txt>  of
the case Judge McBryde brought to challenge the suspension and
additional sanctions imposed on him following his refusal to resign from
his lifetime appointment to the federal bench: 

Based on all of this evidence, the Report concludes (1) that "many of
these individual instances,
together with the patterns demonstrated over the years surveyed,"
indicate that Judge McBryde 
had "engaged in conduct prejudicial to the effective administration of
the business of the courts," 
and (2) that Judge McBryde's "pattern of abusive behavior ...  has
brought disrepute upon the 
federal judiciary."  Report at 150.  The Report recommends that the
Council ask Judge McBryde
to resign, and if he refused, that it impose the three sanctions--a
reprimand and two 
suspensions--described in the court's opinion.  Maj. Op. at 3.  The
recommended reprimand 
states that Judge McBryde's "intemperate, abusive and intimidating
treatment of lawyers, 
fellow judges, and others ha[d] detrimentally affected the effective
administration of 
justice ...  in the Northern District of Texas,"  

Due to the lack of timely public notice regarding the DOJ's motion to
reconsider Simkanin's detention, WTP was unable to call for observers
for the hearing. 

Simkanin is apparently being held at the federal medical detention
facility near Fort Worth.  He is allowed no visitors except for licensed
attorneys.  

In addition, according to sources working for Arrow Plastic, the IRS on
Thursday formally notified the two leading business credit bureaus, Dun
& Bradstreet and Experian, that Arrow Custom Plastics, Inc. and another
Simkanin corporation had been legally dissolved and that they were
involved in a significant tax legal action. 

Vendors of Arrow Plastics (Simkanin's sole proprietorship -- not Arrow
Custom Plastics, Inc.) were immediately notified electronically of the
IRS notice by the credit bureaus and deluged the business Friday
demanding to be paid in cash for materials and services already on
credit with Arrow.  Arrow is working to clear up the vendor situation as
Simkanin's criminal charges relate strictly to the former (now
non-existent) incorporated entities, not the sole proprietorship known
as "Arrow Plastics" that Simkanin has run for the last several years. 

The Arrow proprietorship does not withhold from wages or salaries and
none of the pending legal charges relate to that entity. Simkanin has no
criminal record.

Simkanin's website is www.ArrowPlastics.net
<http://www.ArrowPlastics.net> .

Click Here
<http://pacer.cadc.uscourts.gov/common/opinions/200109/00-5016b.txt>  to
read the official posting of Judge McBryde's appeal regarding his
suspension.
 

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