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Judge sentences Fitzpatrick to 3 years

Calls him a “moral coward”

Judge John Blackwell had no sympathy for Walter Fitzpatrick’s claims of defending the constitution, as he sentenced the former Navy Lt. Commander to 3 years in jail with the possibility of parole after serving 30% of the sentence following a June conviction on felony charges of extortion and aggravated perjury.

The judge was quoted by defense attorney Van Irion as saying: “I’m sick and tired of all these people who want to talk about their Constitutional rights.” The context of that remark was not readily available.

According to the Chattanooga Times Free Press, something over 25 people were in the court gallery to support Fitzpatrick. Fitzpatrick was taken into custody following the sentencing.

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De Facto Arpaio

Former Deputy Chief Brian Sands of the Maricopa County Sheriff’s Office has written a memoir titled “Arpaio De Facto Lawman” detailing his experiences with Sheriff Arpaio and the office. Stephen Lemons of the Phoenix New Times has an article on it. Fine Stephen, but we already know that Sheriff Joe is a narcissist. Tell us about the birthers!

For that, you will have to buy the book, and you will not be disappointed. The birthers get their own short chapter (7) titled, duh, “Birthers.” It mentions “probable cause,” a concept Sheriff Arpaio was not too fluent in. Sands puts it this way in terms of the Obama birth certificate investigation:

Arpaio’s perspective is I want to be involved, so let’s figure out how to establish an excuse for the reasonable test.

One of the questions surrounding the Cold Case Posse investigation was: just who was the Cold Case Posse. Sands answers this by saying:

At first, Zullo had several other Posse people “working” on the case, two of whom were civil private practice attorneys. The attorneys, for whatever reasons, distanced themselves. Now it was primarily Zullo and the newly-recruited [Brian] Reilly.

Enter Jerome Corsi, who was given office space by Arpaio. The Hawaii trip is discussed. When Deputy Chief Sands questioned Zullo about what evidence he had that would lead to a probable indictment, Zullo said nothing.

Sands does not take a firm stand about where Obama was born, but he maintains skepticism about Arpaio and the CCP investigation and makes this reasonable statement:

When the State of Hawaii came out and officially said that Obama was born in the State and denied Arpaio’s claims of not maintaining secure records[, y]ou would think nothing more could be investigated.

Of additional interest, Sands confirms Brian Reilly’s story on some detail points, some up until now, unpublished.

Update: A comment from Brian Reilly

Having just completed reading chapter 7, entitled "Birthers," I have a few comments to make about former Chief Deputy Sand’s new Kindle book on Amazon.

Sands wrote that Arpaio asked us as Tea Party members to do a petition requesting the birth certificate investigation, and we were to bring the petition back to Arpaio. This was not an accurate statement. When we first met with Arpaio on August 18, 2011, we presented him with a petition with 242 signatures that we gathered the previous night on August 17, 2011. The petition idea was mine and mine alone. Arpaio knew nothing about the petition idea until it was presented to him at the August 18 meeting. At the August 18, meeting, Arpaio asked us to write a formal letter requesting an investigation of the Obama birth certificate and he said "put me in a box" and told me to come back to give all of our evidence and the petition and the letter to him on August 22, 2011, which I did alone.

Additionally, Chief Deputy Sands confirmed that I was unhappy with the conduct of the Zullo birth certificate investigation. (I was not impressed at the time with the biased way in which the investigation was being conducted along with other issues related to liability and I resigned from the Cold Case Posse. )

Chief Deputy Sands also confirmed that no taxpayer dollars were to be used in the investigation, and in fact tax dollars were used.

Sands also confirmed that Zullo had a few years of law enforcement, not the "decades" of law enforcement experience that Carl Gallups has advertised on his Freedom Friday radio show.

Of special note was what Sands related about Zullo’s lack of evidence regarding the birth certificate investigation. Very telling indeed.

I was very impressed with Chief Deputy Sands when I met him on August 18, 2011 when I was a Tea Party member and also when I was a Cold Case Posse member. Chief Sands was the only one to question whether the Jerry Corsi provided "witnesses" were actually considered "experts" and whether they had ever testified in court as experts. As a Cold Case Posse member, I can honestly say, I respected Chief Sands and his "by the book" approach to police work.

And one final note, Sands confirmed that Zullo and I were the only Cold Case Posse members who were actively involved in the investigation.

Other critical books about Joe Arpaio:

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What, a new eligibility lawsuit appeal?

Claiming a specific injury because of an ineligible president, Christopher John Rudy is suing the government for $90, a fee he had to pay as the result of a law signed by Barack Obama, whom Rudy alleges is not really the president. Of course, this case was dismissed on jurisdictional grounds.

The original case (1:2013cv00278) was filed in the Virginia Eastern District Court in March of 2013. The order dismissing the case agreed with the Patent Office’s contention that the courts lacked jurisdiction to decide presidential eligibility because it was a political question. A political question is defined by guidelines set down by the Supreme Court in Baker v. Carr, 369 U.S. 186, 217 (1962), existing when any of the following holds:

  1. textually demonstrable constitutional commitment of the issue to a coordinate political department;
  2. a lack of judicially discoverable and manageable standards for resolving the issue;
  3. the impossibility of resolving the issue without an initial policy determination of a kind clearly for nonjudicial discretion;
  4. the impossibility of a court’s undertaking independent resolution of the issue without expressing a lack of respect due to the coordinate branches of government;
  5. an unusual need for unquestioning adherence to a political decision already made; or
  6. the potentiality of embarrassment from multifarious pronouncements by various departments on one question.

Defendants cited to three of the criteria (1, 5 and 6) and said: “numerous articles and amendments of the U. S. Constitution, when viewed together, make clear that the issue of the President’s qualifications and his removal from office are textually committed to the legislative branch and not the judicial branch.”

The decision was appealed to the 4th Circuit Court of Appeals (case number 14-1056), and the lower court ruling was affirmed without comment on April 11, 2014.

What makes this latter-day case a little more interesting is the submission of an amicus brief by the United States Justice Foundation (Gary Kreep’s old outfit). This time the USJF attorney is William J. Olson. The USJF is a non-profit, right-wing nut job public interest organization. The USJF brief claims that up until now, “no one has questioned the validity of a law signed by the president.” That is, of course, is factually wrong. Orly Taitz did that in Taitz v. Sebelius.  Very sloppy work, Mr. Olson. Our old buddy Herb Titus makes an appearance on the docket also, I presume with the amicus brief.

The Supreme Court appeal was docketed July 10, and assigned case number 14-36. Here is the USJF brief, and it is quoted from in the WorldNetDaily article referenced below.

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Fitzpatrick sentencing hearing August 19

I have not been a close follower of Walter Fitzpatrick III and his battle against the grand jury system in Tennessee that led him to some jail time. His most recent conviction has a sentencing hearing in Athens, Tennessee, next Tuesday, August 19. Fitzpatrick has not been cooperating with the process, refusing to meet with probation officers.

So the schedule is:

  • August 18 at 8 AM – Prayer breakfast at the Cracker Barrel
  • August 18 at 3 PM – BBQ at the Athens Regional Park
  • August 19 – Sentencing hearing

The Abel Danger radio show is interested, and Lt. Col. Field McConnell, Ret., that show’s host, will be at the hearing. Some fellow named William “Wilky” Fain (of William Fain Productions) will be making video which promises to uncover widespread corruption in Tennessee family courts.

Here’s a video from yesterday about Fain making the video including Sharon Rondeau. (Warning: Cookies are eaten during the video).

In other Fitzpatrick news, Attorney Van R. Irion filed a motion for a new trial, as well as to suspend sentencing pending appeal.

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Taitz files a bunch more motions in immigration suit

imageOrly Taitz is seeking to expand the scope of her recent lawsuit (Taitz v. Johnson) to not just  quarantine or deport undocumented children from Central America; she’s injecting (no pun intended) Ebola! She filed 4 motions titled, “Motion to Expedite Due to Exigent Circumstances of Deadly Ebola Epidemic.” She wants to stop all arrivals in the US from places with Ebola, and quarantine anyone who has entered the US from one of those countries in the past 21 days. She moves to:

  • Expedite
  • Stop entry
  • Quarantine anyone who has visited a country where there is an Ebola epidemic
  • Retain jurisdiction and assure compliance
  • Certify a class
  • Admit Taitz Pro Hac Vice

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Dr. Conspiracy, sworn peace officer?

iVotronic voting machine with standToday is the day of the historic election to decide the future form of government for our town. Vote “Yes” signs are all over. It’s 6:25 AM as I type this and, if all is going according to schedule, election managers have been at the town hall for 10 minutes already setting up the iVotronic voting machines, putting up signs, making sure that the site is physically accessible for everyone and preparing for the thousands of potential voters who will decide our town’s future.

In South Carolina, election managers are sworn peace officers with full powers to enforce election laws within the polling places. I have been seriously considering trying to become one of them. I am told that county-wide we are short 300 people. The pay is not all that good, $60 for a 14-hour day (and another $60 for attending training), but is is a civic duty and a public good to serve.

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