U.S. v. Kalash - Drug Law Constitutionality and Other Unconventional Defenses

[Kalash]

One other question - did you write the petition on that revolutioni site (like the actual document)? Just curious; thought it was well-written for its purpose.. At the least it would raise quite a few eyebrows if it made it out into mainstream.

Yeah.
I moved it to the mainpage, and I'm hoping to cash a $2000 check for having written it.

Alex Jones is offering $2000 for the best "new declaration of independence" submitted by...
I think it's the 19th of Aug. It might be the 16th.

The email address to submit them isn't working yet, but is;
[email protected]

Bring on the competition; submit your own.
Mine isn't perfect - it's a 3rd revision, really a collaboration of 2 separate versions taking the better bits out of both.

The government rules by consent. Stop consenting.

 

[chucky1432]

I am dedicated - because the government has ruined my life through criminal actions validated through bad legislation that violates the rights and freedoms of the people without any authority.

At this point - there's little for me to win.
I've tried going back to parties... I've tried having a social life. I can't do it - I think about the injustices of everything, and how deluded the people are - shrugging off their realities without even really considering how unreal their daily lives are.

This is a very interesting thread, sorry things had to work out so badly for you. What I don't understand is, how do people get themselves in a situation like this looking at 4 yrs in the Federal Pin, I mean you were arrested by the FBI, you must have been pretty high up on the radar, you don't sound like small potatoes....I also commend you for fighting this thing out and hoping that drug laws are changed in the future, but you're not the first person to go to jail for trafficking MDMA, so although your intentions may be good, I don't think it will do anything to change any type of laws. The government has made certain things illegal, and the average person is not going to look at this is an injustice to you, because you were doing something illegal, so although I hope your fight does go some where, I don't think it will even leave a bleep on the radar on this whole grand scheme of things....

 

[Kalash]

This is a very interesting thread, sorry things had to work out so badly for you. What I don't understand is, how do people get themselves in a situation like this looking at 4 yrs in the Federal Pin, I mean you were arrested by the FBI, you must have been pretty high up on the radar, you don't sound like small potatoes....

Judge for yourself...
Never more than 500 pills exchanged hands at any one time - and that amount was uncommon - double what was normal.
The FBI agent we were dealing to was the only bulk purchaser we contributed to.
After 4 months, my total profits were around $1,300 from all the deals with the informant.
$325 a month in an artificially inflated black market with unregulated profit margins and insane markups.
Yeah. I was somebody big.

Entrapment isn't a legitimate defense because of some screwy clause. Sentencing entrapment - where they ask you do do something you're currently doing, but on a much larger scale than you have in the past - that's something I can push for (reduction in offense level) at sentencing.

I also commend you for fighting this thing out and hoping that drug laws are changed in the future, but you're not the first person to go to jail for trafficking MDMA, so although your intentions may be good, I don't think it will do anything to change any type of laws.

Thanks. And I know - but if no one stands up to this criminal infringment upon our rights, the laws will never change.
I've laid the proper groundwork. It's a matter of following up properly at this point. If nothing else - the tides are changing, and a lot of the arguments I've developed will be beneficial to the liberty movement - even if it is still a few years away.

The government has made certain things illegal,

Under what authority? Where do government powers come from?

and the average person is not going to look at this is an injustice to you, because you were doing something illegal, so although I hope your fight does go some where, I don't think it will even leave a bleep on the radar on this whole grand scheme of things....

You're right - public opinion is currently against me - but it is fickle.
LEAP is gaining in momentum.
Ron Paul's Campaign for Liberty is gaining in strength - and the demand for individual rights and on the rise.

The laws will change because the people will demand they be changed, eventually.
I'd rather tear down the laws now because they have no lawful authority under the Constitution.

 

[Johnny1]

Have you researched your judge to learn how receptive he or she is to Constitutional arguments made by defendants? And to learn what his or her attitude is toward drug defendants in general?

There's no sense talking to a wall if the judge will not be receptive. That will only get you a harsher sentence (unless your sentence has been locked-in in advance, if that' possible, I don't know).

But if the judge is fair and receptive, then do what you believe you have to do.

 

[Kalash]

Have you researched your judge to learn how receptive he or she is to Constitutional arguments made by defendants? And to learn what his or her attitude is toward drug defendants in general?

There's no sense talking to a wall if the judge will not be receptive. That will only get you a harsher sentence (unless your sentence has been locked-in in advance, if that' possible, I don't know).

But if the judge is fair and receptive, then do what you believe you have to do.

I've done some research.
From what I've heard - he is FAIR.
He judges each person based on their own merits - not on some prejudicial opinion of a "class" of criminals of a specific type.

He teaches a college course on the International Drug Trade and How it Effects our Civil Liberties


But contrary to both, he is harsh on first time drug offenders - he hates seeing repeat drug offenders because some other judge let them off easy and they didn't get the point, "DON'T DO THAT AGAIN!"
From his own mouth - at sentencing of another drug defendant while I was waiting to be called that day.
This, combined with my attorney telling me he is generally harsh on first time offenders because of this... It doesn't fit with the research I've done... It doesn't seem compatible with his college course. I don't understand it, but it is what it is.


He has been fair to me. He has permitted me to raise arguments he believed weren't raisable - he has ruled upon them despite his desire to ignore them (for numerous stated and unstated reasons), and has provided me every chance to (hang myself) speak out against what I feel to be an injustice.

I don't think he's willing to admit he is ready for/wants the drug laws to change - but he does seem amiable to the laws being changed.
He applies the law as it is today - but has said - at other sentencing hearings - that he does so because it is the law.

The written opinion he passed down to me...

Page 6...

the Court is hesitant to recognize a right to property that does not yield to any government regulation. Instead, it recognizes a set of fundamental rights that act as a stop against oppressive legislation.

Property RIGHTS do not exist - only the privilege to use/posses/distribute property as permitted by the State with supreme authority over all property regardless of ownership.

Is that a correct interpretation? Because the way it reads to me - he's giving me exactly what I need to challenge the laws at the 9th circuit. Am I wrong?


The court argues that drugs are not property - that one has no fundamental right to possess an illegal substance.
I agree with the court - there is no fundamental right to possess ANYTHING.
Rights of possession come from ownership - and property ownership is a fundamental right.
How can the government convert an object someone owns FROM property into something that person has no right to possess - without due process - and may deprive that person of all other rights (liberty and life) if they continue to possess their property?

That question was not answered by the court - it was evaded, discredited as "drugs are not property" but are something else - that is undefined and unexplained by the court.

The court argues that "drugs affect interstate commerce" - that is not my argument - though the affects on interstate commerce are hypothetical, conjectural, and created by the laws themselves...

Page 3
The drug trade also brings with it violence, corruption and other ills that impact legal commerce across national and international boundaries.

... which would not exist if the laws had not been put in place to begin with. The laws justify their own existence - eliminate the laws, eliminate the justification for the laws. The circular reasoning of the court doesn't validate its claims in my mind.
Each claim against drug trafficking is hypothetical - and each case of violence, corruption, or negative impact on other commerce (as drug commerce WOULD be legal commerce without the laws) would raise acute standing to bring charges against those responsible - regardless of the existence of the drug laws.


However that's all immaterial.
My argument is that it is irrelevant if drug possession affects interstate commerce or not - control over one's property cannot be criminal if one does not have a license (DEA issued) to control that property.
That is an unconstitutional licensing statue that can be ignored with impunity (Shuttlesworth v. Birmingham).

Is that reasoning simple enough?
Am I wrong on those points?

I don't care where the judge stands personally.
I retained my right to appeal - and I plan to.
The judge can be harsh with me if he wishes - but he failed to convince me himself, that I have committed an actual crime.
It is his failure to show me how what I did was inherently wrong that has led me to file the appeal.
Putting up a facade and apologizing will come across as false; knowing I do not agree - knowing I plan to challenge his opinions, and knowing I believe his opinion to be false.

I won't put on a show for the benefit of the court.
The court hasn't put on a show convincing me of my crime - why should I accept them at their word?

 

[Kalash]

This one too...

The judge claims that it is the duty of the U.S. attorney to prosecute all offenses against the United States - and lays claim to jurisdiction of the District court for all crimes against the laws of the United States.

If, indeed, the possession of drugs is an offense against the United States - and is, indeed, a federal offense - then ALL drug cases must - according to the opinion of the court - be federal cases...
As all cases with the United States as a plaintiff have initial jurisdiction in the District courts.
If an offense against the United States exists in this case, it must exist in all cases where Interstate Commerce is affected - regardless of the arresting agency, which currently determines jurisdiction in drug cases.

As not all drug cases ARE federal cases, there is no clear case that I have committed an offense against the United States - the court only has the word of the prosecutor that an offense has occurred, and the prosecutor makes no claim of this offense; only the contention that my actions were unlawful.

Either the prosecution's claim is false; I have not committed an offense against the United States, and the court IS without jurisdiction...
Or, it would appear, both the District Courts and the U.S. attorney's office have been negligent in their duties by permitting the State courts to have initial jurisdiction in certain drug cases...

Thoughts on that one?
It's a lot weaker than the other argument - but I think it holds.

 

[Noxciyn]

not trying to be a cunt over here but i caught a felony about the same time you began this thread and i was all holy crap i cant believe i am going to jail for exercising a natural right (having guns without permission, like your drugs, personal property that i bought in a private act of commerce, to protect my constitutional right to life in the absence of a credible police service). anyway, i took a deal and did my time standing up and about 7 days after you begin your sentence, it will be my birthday, and i will be getting drunk and playing naked blackjack with hookers.

anyway my point is, begin to accept that you broke the law and start plotting on how to get out of the joint in good health. ecstasy is illegal because if you take it a lot you will become retarded, and that is why you have been charged with a crime. it might violate your right to own and trade goods, but we're talking about the United States of America, one of the (come on, let's be realistic) most omnipotently backward countries on the face of the planet, and in any case by supplying MDMA you are fucking up other peoples right to good health.

i have followed this thread for a while and your interpretation of justice and subsequent pursuit of that ideal is commendable if nothing else, but if i read the last few posts right you have plead guilty to a serious felony and it is time to get realistic about spending time in the boob and how you intend to do it safely and properly. do not use this thread as a crutch or grieving process. you are probably going to prison, a Federal one at that, housing mostly persistent felons who will have sex with you if they choose to.

if you do indeed receive an actual prison term (you are obviously going to be convicted, but i doubt prison to be a foregone conclusion tbh), best case scenario you will develop a doing time kind of disposition and learn to enjoy your tenure in Federal prison. this is achievable through hard work, patient study, zealous physical training, personal sacrifice and diplomatic behavior toward other convicted felons living in your facility.

good luck with sentencing, inshallah it shouldn't be a crushing sentence but please dont get there and kick yourself for not listening when random dudes from the internet told you to get prepared

 

[Kalash]

not trying to be a cunt over here but i caught a felony about the same time you began this thread and i was all holy crap i cant believe i am going to jail for exercising a natural right (having guns without permission, like your drugs, personal property that i bought in a private act of commerce, to protect my constitutional right to life in the absence of a credible police service). anyway, i took a deal and did my time standing up and about 7 days after you begin your sentence, it will be my birthday, and i will be getting drunk and playing naked blackjack with hookers.

anyway my point is, begin to accept that you broke the law and start plotting on how to get out of the joint in good health. ecstasy is illegal because if you take it a lot you will become retarded, and that is why you have been charged with a crime. it might violate your right to own and trade goods, but we're talking about the United States of America, one of the (come on, let's be realistic) most omnipotently backward countries on the face of the planet, and in any case by supplying MDMA you are fucking up other peoples right to good health.

i have followed this thread for a while and your interpretation of justice and subsequent pursuit of that ideal is commendable if nothing else, but if i read the last few posts right you have plead guilty to a serious felony and it is time to get realistic about spending time in the boob and how you intend to do it safely and properly. do not use this thread as a crutch or grieving process. you are probably going to prison, a Federal one at that, housing mostly persistent felons who will have sex with you if they choose to.

if you do indeed receive an actual prison term (you are obviously going to be convicted, but i doubt prison to be a foregone conclusion tbh), best case scenario you will develop a doing time kind of disposition and learn to enjoy your tenure in Federal prison. this is achievable through hard work, patient study, zealous physical training, personal sacrifice and diplomatic behavior toward other convicted felons living in your facility.

good luck with sentencing, inshallah it shouldn't be a crushing sentence but please dont get there and kick yourself for not listening when random dudes from the internet told you to get prepared

Really - thanks for the advice.
I'm not worried about prison. I like being alone, read like an addict, and don't have a need for social interaction.

I'm also expecting either a prison camp (no fences) or minimum security (no REAL fences) - where I'll be in with non-violent people, like me.

The time doesn't scare me (it's a new degree, if I do it right). The loss of additional freedoms... So what? Apparently (according to the judge) we don't have freedom or rights anyway. I fail to see the difference; I'm not free now - they're just pulling the leash a little tighter.

This thread isn't a crutch - I'm sincerely interesting in hearing differing opinions and debate that can continue to refine my points.
I'm still filing the appeal - sentencing isn't the end of things for me.

Assuming I do get time - I need to have my research done, points perfected, and everything written and ready to go for the appeal PRIOR to sentencing.

Once I'm inside, I know I won't have the resources to fight this. I have to keep accruing them now.


As for your contention about Ecstasy making you retarded... That's not true - at least, not according to modern research.
It's also irrelevant as it's self harm or voluntary harm.

S&M is assault and battery. Consent makes it non-criminal.
Drug use is the same way - FORCING drugs on someone = criminal deprivation of their rights (no fundamental right to be healthy, btw, so that one doesn't count, even if it did exists, you're consensually waiving that right by choosing to voluntarily take ecstasy).
Consensual distribution of drugs to a person wanting them - then choosing to use their own property of their own accord? Not criminal at all.


As far as preparations... What do you suggest? I've been reading the advice on here, have pretty much everything in order on the outside. I can pull out at any time and not leave too much of a mess or vacancy.

I'm prepared to spend a lot of time alone. I'm in bad need of working out - and see it as a waste of time. If all I have is time to waste, I'll have no problems doing that.
I love reading - and see prison as a place to do plenty of that without many distractions.
College courses are a possible option - as is teaching classes (per Fausty's advice).


I resigned myself to a long prison sentence when I first filed my motion to dismiss these charges. It isn't a surprise. It isn't something I'm not mentally prepared for.

I don't care any more. I really don't. This whole fiasco has turned me into an emotionless zombie, walking through life waiting for the next change to come my way.
Emotionally I'm desolate. My dreams have been shattered, my hope has faded, and I have no desire to reach out to anyone.
The physical restraint upon my body will be nothing compared to the damage and constraints that have been placed upon my mind already.

I continue to yearn for freedom - but inside/outside prison isn't a difference for me at this point.
I'm a shell of who I used to be - and don't see myself ever recovering. I've slipped too far. I've lost myself.
And since I'm already gone - there isn't anything left to lock up.
It doesn't matter.

I just don't want these sociopaths do to anyone else what they've done to me.
So I continue to struggle - without hope for myself, but hope that their crimes will be exposed and the innocents will retain their lives - not have them stripped from them by these unfeeling control freaks that only attain joy through the destruction of others.

 

[Kalash]

Noxciyn - What about Kenneth Rau?

http://www.bluelight.ru/vb/showthread.php?t=391891

Should he just say, "Fuck it." and do the 5 years they want him to plea for?
I certainly don't think so.
I wish I had a way to get in contact with him.

As it is, I only found contact info for the prosecutor. (Here)
I sent him a letter expressing my beliefs.

To: U.S. District Attorney Richard James Riha
IF THIS EMAIL WAS DIRECTED TO THE WRONG PERSON PLEASE FORWARD TO THE APPROPRIATE RECIPIENT OR TO CYNTHIA FELAND.

This is in regards to your case against Kenneth Rau.

While the debate may rage on regarding the affects of Salvia Divinorum, the important facts here are being ignored.
This man was taken from his home (kidnapped) for possessing property he had consensually acquired without violating another's rights.

The law itself is a criminal attempt to deprive Kenneth of his rights of property without due process. I would refer you to section 1 of the North Dakota Constitution;

Section 1. All individuals are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life and liberty; acquiring,
possessing and protecting property and reputation; pursuing and obtaining safety and happiness;
and to keep and bear arms for the defense of their person, family, property, and the state, and for
lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

Rights cannot be overcome by mere acts of legislation - and the government agents infringing upon his rights and liberties are in violation of federal laws, namely Title 18 sections 241 and 242.
http://caselaw.lp.findlaw.com/caseco...ction_241.html

You are clearly a part of this conspiracy - to deprive Kenneth of his property rights, and are doing so knowingly and without hesitation or regard for his rights, under color of law.
There can be no lawful authority to try a man for possessing his private property, yet that is precisely the course of action you are taking in this case.

I urge you to reconsider your part in this matter, and make the judge aware that they are operating without jurisdiction as there is no plaintiff with standing in this case; no party with rights that have been violated granting standing.

"And a definition which we consider appropriate and fully sustained is that judicial power is authority vested in some court, officer, or person to hear and determine when the rights of persons or property, or the propriety of doing an act, are the subject-matter of adjudication." State v. Blaisdell, 132 N.W. 769, 773.

"Standing in no way depends on the merits of the plaintiff's contention that particular conduct is illegal." Watkins v. Resorts Intern. Hotel & Casino, 591 A.2d 592, 601 (N.J. 1991).

Without jurisdiction, the judge is operating without judicial immunity.
This would be wise to bring to their attention prior to making the grave mistake of carrying out the crimes associated with the threats and deprivations already lavished upon this man who is guilty of nothing other than exercising his fundamental property rights without special permission from the privileged state.

It's not my case. They don't know who I am - other than possibly the founder of http://ddeal.us - as that's the email account I sent it from.
This is a case I'm emotionally detached from.
And I see it being just as plain as my own case.

There is no difference. There is no justice in the prosecution of any "crime" of possession of one's personal property.
It's a fallacy bred by an egotistical State that believes itself above the law - in order to assert absolute control over it's populace.

It's clearly Terrorism (Don't do this or we'll come after you with guns!).
It's clearly criminal (We'll take your property by force, take your liberty by force, and kill you if necessary, because we don't want you to have what you own!).

And there is no justification for any of these actions. The Constitution does not grant unlimited powers to the state. It creates limited privileges to be held in check by the Supreme Rights of the People.


So please - I understand you think I need to get ready for prison. I am happy to accept advice on what I need to do - I haven't been through this before, and appreciate all the help I can get, all the information I can get from those that have gone through this before.

But if you cannot disprove my points (just telling me I'm wrong didn't work for the Judge - it isn't going to work for you), then please don't tell me to drop this fight in favor of consenting to these criminal activities against me.

If you CAN disprove my points - please do so. PLEASE.
Because that is the only way I'm going to roll over and accept that prison is a reasonable conclusion to these proceedings.

 

[Kalash]

Continuing the theory...

http://www.6dgr.com/blog/kalash

Dunno if you can read that without signing in or not.
If you have to sign in, you can sign up here.

I think I've explained my position fairly well here. The first post on that blog is a summary of where I'm standing right now...
That the government is operating outside their limited Constitutional purpose by extorting clauses of the Constitution permitting them to claim certain powers and ignoring the clauses that prevent the violation of any individual's rights.

The second post is about Kenneth Rau - the first person in America to be tried for possession of Salvia Divinorum - the drug I did push at Raves, because I knew drug use wouldn't stop - but loved the idea of a legal alternative to get rid of the cops.


Those are active snapshot summaries of my views.
They're still open to debate - and I welcome the debate - either here or in the comments section of the blogs.

This whole "individual rights" idea is really catching on and picking up speed. The faster it gets going, the better chances I have of having my arguments both heard and understood - even if it isn't enough to convince the courts to render Congress powerless.

 

[Jamshyd]

I don't care any more. I really don't. This whole fiasco has turned me into an emotionless zombie, walking through life waiting for the next change to come my way.
Emotionally I'm desolate. My dreams have been shattered, my hope has faded, and I have no desire to reach out to anyone.
The physical restraint upon my body will be nothing compared to the damage and constraints that have been placed upon my mind already.

I continue to yearn for freedom - but inside/outside prison isn't a difference for me at this point.
I'm a shell of who I used to be - and don't see myself ever recovering. I've slipped too far. I've lost myself.
And since I'm already gone - there isn't anything left to lock up.
It doesn't matter.

I am truly saddened to read this. What a shame it is for a government to destroy a citizen's life at its prime. I lose more and more faith in humanity every day...

 

[Kalash]

I am truly saddened to read this. What a shame it is for a government to destroy a citizen's life at its prime. I lose more and more faith in humanity every day...

I don't think you should lose faith in humanity.
I think you should get humanity to realize what' it's doing to itself.

I expanded that a good bit here;
http://www.bluelight.ru/vb/showpost.php?p=6363071&postcount=17

I haven't given up yet.
And I'm not going to. I just have to determine how it is I want to proceed.
My attorney is still waiting on a response from me - if I'm going to go to sentencing, accept the sentence, or if I should allow him to recuse himself prior to sentencing - if I'm going to make outlandish arguments or accusations at that time.
I don't know what I plan to do yet. Both options come with consequences I'm not prepared to take.


Today kicked off Ron Paul's Campaign for Liberty.
There were a lot of good speeches.
I'm going to put some of them together and slap it up on YouTube with the good bits thrown in.
Ron Paul's speech had a bit about the drug laws in it - and while he doesn't quite go as far as I do in his positions, he does call for the stepping down of the federal government in these matters.

The way the videos are cut, his drug bit is split in two.
After joining them I'll post a link - but probably over in CEP.


The light of liberty still shines... Somewhere.
And I still reach for it.
But its dim flickering casts shadows of imprisonment everywhere, growing larger as one approaches the light.

 

[Noxciyn]

I don't know if you see what ive been getting at yet Kalash, but in a year, or a couple of years, you're gonna see what i mean by using the thread as a crutch. You committed a serious felony. You sold drugs to an undercover Federal agent, for the purpose of creating funds. As a result, the DEA have charged you with a crime for which you will be convicted and for which you will serve a term of incarceration in a United States Penitentiary. These are facts; this is a situation that hundreds of Americans find themselves in every single day.

The government, with the support and consent of its constituents (congress), have established that MDMA is not fit for consumption because it fucks peoples shit up. On that basis, the government, with the support and consent of its constituents (congress), have declared MDMA as illegal, and have determined the possession and sale of that compound to be a felony.

It's very brave and noble to express your lack of faith in the system, your martyrdom for the drug war, and to fight the Government in the courts with case law, constitutional argument, moral outrage, whatever, until your last breath. But you and i both know that doing so is nothing more than a coping mechanism, you are in denial, and you are a scared man staring down the business end of a prison term that you will not do with any measure of ease. Please respect and embrace the advice of bluelighters, your attorneys, and anybody still listening. Please, for your own sanity, contact me even. This is real, its happening. Wake up.

(edited at request of poster by Johnny1)

 

[Johnny1]

Let's use LSD as a comparison. Relatively harmless substance. People believe, really believe, in its manufacture, possession, and use for spiritual purposes. Yet there are draconian penalties for the sale of LSD.

Would it really be merely a coping mechanism to challenge the government if one were charged with distribution of LSD?

You may be correct in Kalash's case, or you may be correct and be incorrect at the same time, or you may only be incorrect. I think you are probably partially correct in your assessment, but Kalash eventually did try to deal with this and get a decent plea, only to have that plea yanked away. If there's another chance at a good plea, of course that's the best choice, but if there isn't, why not go down fighting?

 

[Noxciyn]

oh for real, infact i was considering to withdraw that paragraph and construct it to sound less like some asshole drawing a line in the sand but you cant edit here, i respect kalashs argument and the process he has followed to build his arguments are fucking beyond reproach. what i dont agree is the fight and die attitude instead of plea out and do easy time. it probably wouldnt kill me to read back over the thread but i presumed his plea got sunk because by hearing his argument the court cant accept a n/c. 1-4 years federal wouldnt kill him. pissing off the DEA and the courts by trying to make drugs legal will get you what?

 

[Kalash]

You committed a serious felony. You sold drugs to an undercover Federal agent, for the purpose of creating funds.

The problem I have is that that isn't a serious felony. I don't even believe it to be a misdemeanor (no crime) - as the allegation is merely that I exercised my property rights without proper license.
The court - and other parties - assume that drugs can be controlled by the government, regardless of ownership of the drugs in question.
This is exactly what I'm challenging.
If I really committed a SERIOUS FELONY (I.e. armed robbery of ($25,000) $10,000 or more with(out) a weapon discharge - placing me at the SAME offense level as profiting around $1,300 from CONSENSUAL sales of my private property) then I would feel bad about what I've done.

As I haven't (in my eyes) committed a SERIOUS FELONY - and, as my research has convinced me (if no one else), I haven't even committed a legitimate crime, I don't see how giving in to my oppressors is a viable option.
What exactly am I supposed to be dealing with? Prison? That's nothing more than an increase in the physical restrictions already upon me.
My mind is already confined - and my movements are already limited.
Prison is merely moving to a smaller cage. I'm not free now.

As a result, the DEA have charged you with a crime for which you will be convicted and for which you will serve a term of incarceration in a United States Penitentiary.

FBI, but that doesn't matter. They're charging me with "possession with intent to" and 5 counts of actual "distribution" of a "controlled substance"
Yet they fail to show the source of authority to CONTROL property they do not own.
If one has no RIGHT to property, or RIGHTS are granted by government to the people, fully subjected to the whims of the government and revoked accodingly, then their assersion that I was "UNLAWFULLY" in possession of property they retain ALL RIGHTS to are valid.
Under the Constitution, this is plainly not the case.

The court has refused to recognize any "right to property" that is NOT subject to governmental control. (Elimination at governmental whim)
This renders the 5th amendment void - as property can be legislated out of the hands of the owner for any reason at all, with or without due process... and the courts contend that "possession and distribution" are not fundamental aspects of one's rights of property.

This is the underlying issue that is ALWAYS ignored in drug cases.
The right to control drugs is assumed - and is not argued.
Gonzalez v. Reich - the main case quoted now days - DOES NOT CHALLENGE THE VALIDITY OF THE CSA. The Supreme court noted in its ruling that this WAS NOT raised as an issue - only the contention that private manufacture for private consumption IS interstate commerce.
That is ALL that Reich says.

In Reich - the CSA is taken on faith - the government CAN control drugs in interstate commerce.
I don't see how they can do this.
I've gone over this in depth before.
I don't know how to state it any more clearly... but you know me. I'll try.

The government raising a claim that I'm in possession of property I own - then taking said property from me at gunpoint, confining me, and passing judgment - for the purpose of depriving me of my rights as punishment for my "crime" - upon me...

It is equal to me taking your wallet from you at gunpoint, tying you up and keeping you somewhere against your will, and subjecting you to punishment for having your wallet to begin with, allowing me to deprive you of further rights, and make use of whatever other property you have (take your house, car, etc...)

This is CRIMINAL if I do it, and it is no better if it is committed by the state.
Government cannot commit crimes - as all powers of government are derived from the rights of the people... See the ruling in Olmsted - no prohibition officer is given any authority to commit any crime.

The terms of appointment of federal prohibition agents do not purport to confer upon them authority to violate any criminal law. Their superior officer, the Secretary of the Treasury, has not instructed them to commit crime on behalf of the United States. It may be assumed that the Attorney General of the United States did not give any such instruction.”

The number of federal laws violated - to punish me for possessing that which I owned - are so numerous I don't have a complete list. Title 18 Chapter 13 Sections 241, and 242... and Chapter 95 section 1951 are just a start.
We haven't even gotten into the armed robbery (deprivation of property possession at gunpoint) yet. None of the "common" crimes depicted in the example above.

I cannot subject your property to my control without your consent - for ANY reason...
Unless your use/possession/distribution of your property violates my rights. (See Ron Paul's speech from last night - "No right to pollute our neighbor's air, water, etc..." Rendering the judge's "dangerous chemical" and "nuclear" arguments moot.)
This is the ONLY control of property NOT under Governmental ownership that Government can exercise.
Unless property is used to COMMIT crime, government has no authority to control that property without first compensating the owner.
Property rights ARE subjected to governmental control in this manner. My contention does not invalidate this control - it demands a CRIME exist prior to governmental reclamation of ALL property - negating the rights of ownership (depriving one of their property).

These are facts; this is a situation that hundreds of Americans find themselves in every single day.

The facts are NOT as you presume them to be.
The facts are that I OWNED property that the government claims I had no right to possess nor distribute... The nature of the property is irrelevant as no authority to control property NOT owned by it is NOT subject to the control of the state.
The government deprived me of my rights to my property under the claimed authority of the Interstate Commerce Clause.
The articles of the Constitution are limited by the Amendments.
The 5th Amendment prohibits depriving me of my property without due process of law. Legislative acts are NOT due process.

I'm am guilty of controlling my private property without PERMISSION from government, under a licensing statute.
Rights cannot be licensed to the people - and any such statute can be ignored with impunity. (Shuttlesworth v. Birmingham)

If I'm to be punished for exercising my rights - I am to become a political prisoner... I am not guilty of a CRIME.
This thread isn't a crutch - it's an attempt to understand my "crime" - to understand what WRONG I committed.
The court has yet to convince me I committed a WRONG.

The court has attempted to waive the requirement of RIGHTS violations in order for there to be a crime.
The court has attempted to waive the Standing requirement in order for the state to bring charges against me - or alter Standing to include hypothetical and conjectural harm (i.e. POSSIBLE criminal acts that MAY occur in the future).

All these things preclude jurisdiction of the court. The court is utterly without authority in this case.
There is no "coping" to be done when I am clearly being WRONGED by my government without just cause.

The government, with the support and consent of its constituents (congress), have established that MDMA is not fit for consumption because it fucks peoples shit up. On that basis, the government, with the support and consent of its constituents (congress), have declared MDMA as illegal, and have determined the possession and sale of that compound to be a felony.

But we do not have a democracy. We do not have a Congress capable of imposing its every will upon the people. Majority does not rule - and majority vote does not become law.

This is the fallacy that the people buy up - endorse - and believe in, but LAWFULLY this opinion is wrong.

We have a limited Constitutional Republic - where Congress is not above the law. Congress is just a collection of people that are all EQUAL under the laws of the nation.
Congress cannot - by majority consent - deprive ANY INDIVIDUAL of ANY RIGHT without due process. (5th Amendment - controls all grants of power to make law)

It is irrelevant that Congress decided this... Congress decided that...
The most Congress has authority to do is WARN people away from things Congress believes to be DANGEROUS.
Skydiving is perceived to be DANGEROUS - yet Congress cannot prohibit it.
Cars are perceived to be DANGEROUS - yet Congress cannot prohibit them.
Alcohol is perceived to be DANGEROUS - yet Congress cannot prohibit it. (21st Amendment Controls - authority of prohibition does not exist without Constitutional Amendment - precedence is 18th)
Drugs are perceived to be DANGEROUS - yet Congress cannot prohibit them.

If Congress can prohibit the exercise of one's property rights, legally deprive ALL citizens their rights to possess and distribute their property regardless of ownership, Congress has no limits, has become destructive of the rights of the people it is tasked with protecting, has violated its contract with the sovereign people, and needs abolished (by right and DUTY of the people (Dec. of Indep.)) immediately.

It's very brave and noble to express your lack of faith in the system, your martyrdom for the drug war, and to fight the Government in the courts with case law, constitutional argument, moral outrage, whatever, until your last breath. But you and i both know that doing so is nothing more than a coping mechanism, you are in denial, and you are a scared boy staring down the business end of a prison term that you will not do with any measure of ease. Please respect and embrace the advice of bluelighters, your attorneys, and anybody still listening. Please, for your own sanity, contact me even. This is real, its happening. Wake up.

My faith in the system has been shattered - but this doesn't matter.
It isn't martyrdom. It's demanding my RIGHTS be respected by criminal elements inside the government. It's an act of self-preservation.
Without any rights, I am not a person. Without being a person, there is no point to life.
If the government is to take from me all that I am, why would I not fight to retain that which I may salvage from this incomprehensible attack upon me?

Prison doesn't scare me.
I live in a 8X7 room, infested with roaches (though I've spent more on poison the last two weeks than I have on food... Haven't seen one in a while), without a locking door, without a kitchen, without a TV, without a private bathroom...
And pretrial - along with the prosecutor and my attorney - have prohibited me from attending public places/functions where drugs MAY be in use.
Logically, this means I can't walk to the $0.99 store across the street - as there are generally homeless people on the sidewalk smoking pot out front.
I'm working 40 hours a week in a job that's not getting me anywhere, and spend over 1/2 my wages on rent. The rest goes towards food and my cell phone that I hardly use.
I'm left with around $15 - $20 a week to do what I want with. Things go wrong. What I save disappears.


If anything, prison will be an improvement - as my room and board will be taken care of... I'll be able to spend time pursuing an education - rather than means to simply exist. I'll be in a position to better myself, while subjected to only the slightest increase in physical constraint.

I don't have a high standard of living. I don't have a car.
I don't go out. I don't see people. I no longer see my family or friends. I'm isolated from the physical world nearly entirely.

The only thing I'll be losing in prison is my virtual contact with the outside world - which at this time amounts to posting here, myspace, and an occasional email (generally an argument with my mom.)

My life has LITERALLY been destroyed by my arrest and subsequent quelling of all my freedoms and liberties.
I have nothing left to give up but my body - and that will be a respite, as it will no longer be my responsibility to care for.


This thread - these boards - and the internet ARE a crutch - for dealing with my separation from society forced upon me by criminals with guns and a desire to keep me under their control through whatever means they find necessary.
The possibility of ending up in prison has been addressed. It doesn't bother me. (Much.)

I'm too tired to be angry.
I'm too frustrated to really care.
And I believe myself to be imprisoned - probation, prison, or "free"
Even if the charges were dropped tomorrow, the continual presence of THE STATE that denies people their most basic rights under guise of protecting the people from themselves would weigh upon me.
Crush my mind and spirit.
And I would continue to fight against the oppression until it had lifted completely, or they had taken my life.



I've tried to play by their rules - and they change them.
I've read the script on camera - but they're cutting off my head anyway.
There is no coping with that. There is only a simmering anger, a growing distrust, and a desire to prevent the rampant destruction of one's life from occurring again - to anyone else. Especially those you care for.

My family (non-drug users) and friends (mostly drug users) are still subjected to the mistreatment of these criminal oppressors.
I won't allow their power to go unchecked. I won't lay down my arms, go willingly to their prison, and know that my family and friends remain in their cross hairs - waiting to be torn down by bullets or raped (not only sexually, but in all ways - (rape being defined as "control" over another against their will through use of force - property, monetarily, mentally, etc), and enslaved by MASTERS that cannot exist under the laws of the land.


Possibly my anger is a crutch.
I don't know. I've never been angry, frustrated, nor as tired as I am right now.
I deal with stress by sleeping - and I've only been getting 2-4 hours of sleep a night.
I can't sleep any more. I don't self-recognize any more.
I'm a stranger living the life of someone I once knew - I'm not "me"
I don't ever see getting "myself" back.
There's no reason to cope. No reason to worry. They can do what they want with what's left - the shell of my body.

I'm too tired to keep playing their games...
But I don't have a choice.
I just want to have the rules changed so that no one else is ever destroyed.

 

[Kalash]

The plea was lost (potentially - not for sure) due to a security breach.
Be it on the government's end or mine - someone got a hold of, and made public, documents that the government believes put the life of the informant in jeopardy

Because of this, the plea agreement may be revoked, any downward departures forfeit, and the government can argue for high end of the sentencing guidelines.

In essence - I didn't lose the plea by fighting. I lost it because of some punk with a computer that liked pulling stuff from the court's database and posting it online. (and I justify this accusation by pointing out that some of the documents were NOT in my possession - they were the court's.) I've done all I can to have the offending documents removed - but the moderators of the site they've been posted continue to edit the links to the images that I have removed from the hosting companies, restoring the images to the site.

By arguing these points, I retained ALL of the benefits of the plea agreement, and received a bonus - the right to appeal AFTER pleading guilty..

I signed the plea agreement about a month and a half ago.
It was (potentially) lost last week through no actions of my own, and without my consent nor knowledge until after the fact.

My arguments are not subjecting me to harsher punishments (though this will be seen at sentencing - though with the other stuff in the background, my arguments may not be the reason for the harsher punishments, should they come).

And I retain the right to appeal regardless of the actual sentence passed down.
As strongly as I believe in my research and points - so long as I can express them correctly (as the trial court judge didn't answer nor acknowledge the majority of the issues I raised - choosing instead to validate the concessions I made in order to properly frame my arguments, ignoring the arguments themselves) - sentencing is a secondary issue to me.
The appeal should - by legal precedence and Constitutional law - invalidate the claim in the indictment.

The alternative is the courts' recognition of an authoritarian state subjected to no controls, no limitations upon its powers, and a complete displacement of the rights of the people.
Either I prevail, or this nation is lost.
What happened to 'Live free or die!'?
You contend I should consent to live in bondage; accept that I am not free and deserve punished for an act of disobedience to a master I have no obligation to serve...

Do you see why I can't stop fighting at this point - regardless of personal risk? If I fail, I lose everything anyway.
If I stop fighting, I lost everything anyway.
It isn't the term in prison that frightens me - its the definition of "freedom" they entice me with... A definition that amounts to "slave" - and it inspires nothing in me, other than to break the bonds of others whom believe themselves to be free.

 

[Missykins]

Let's use LSD as a comparison. Relatively harmless substance. People believe, really believe, in its manufacture, possession, and use for spiritual purposes. Yet there are draconian penalties for the sale of LSD.

Would it really be merely a coping mechanism to challenge the government if one were charged with distribution of LSD?

You may be correct in Kalash's case, or you may be correct and be incorrect at the same time, or you may only be incorrect. I think you are probably partially correct in your assessment, but Kalash eventually did try to deal with this and get a decent plea, only to have that plea yanked away. If there's another chance at a good plea, of course that's the best choice, but if there isn't, why not go down fighting?

Timothy Leary is dead, and today, the drug culture is rarely about idealism. When I was using drugs, I wasn't trying to expand my mind. I wasn't exerting my constitutional rights as a citizen. I was a drug addict, and I wanted to get high. Each time I used drugs, I committed a felony, and I knew it. I entered the world of drugs fully aware of the consequences.

Does this mean you shouldn't go down without a fight when faced with those consequences? Of course not. You should, however, be prepared for those who will question the sincerity of your argument, Kalash.

 

[Missykins]

You maintain that you haven't committed a serious felony. Who gets to decide what a serious felony is when it comes to drugs? For example, do those who distribute heroin commit more "serious" drug-related felonies because heroin is considered to be a harder drug than MDMA? They are both scheduled substances. Are you less of criminal because you didn't deal heroin or meth, both of which DO have serious effects upon society as a whole (eg, HIV, Hep C, street crime, etc.)?

Are you that naive to think that the trade of MDMA doesn't involve some degree of violence, and by getting involved, you made no contribution to it? Drugs are drugs. Wherever money is to be made, violent, organized crime will be involved at some level.

 

[Kalash]

You maintain that you haven't committed a serious felony. Who gets to decide what a serious felony is when it comes to drugs? For example, do those who distribute heroin commit more "serious" drug-related felonies because heroin is considered to be a harder drug than MDMA? They are both scheduled substances. Are you less of criminal because you didn't deal heroin or meth, both of which DO have serious effects upon society as a whole (eg, HIV, Hep C, street crime, etc.)?

Are you that naive to think that the trade of MDMA doesn't involve some degree of violence, and by getting involved, you made no contribution to it? Drugs are drugs. Wherever money is to be made, violent, organized crime will be involved at some level.

This one's easy.
There are no FELONIES when it comes to possession/distribution of drugs.
There is no CRIME in the possession/distribution of your property.

"Drug RELATED" felonies - i.e. ACTUAL crimes (violations of someone's RIGHTS without their consent) because of drugs... in order to obtain, make, or sell stolen drugs... are serious felonies.

Heroin and meth do not cause HIV, Hep C, or street crime.
Street crime existed before drugs. STD's are not solely transmitted through drug use.
Insurmountable barriers against safe acquisition and use of one's vices cause an increase in the risk/spread of STDs and breed violence, as the unregulated marked, trussed up with the government sponsored monopoly on drugs (they help eliminate competition and ensure high profit margins) create the "street violence' that I'm being blamed for hypothetically causing.
Drug use/possession/distribution - while a contributing factor - is not the source of these societal ills, and with proper controls focused on safety (both use and distribution through channels allowing for quality control), would not be factors in them.

The actions responsible for making drugs/dealing dangerous are the laws themselves... claiming to eliminate a dangerous activity.
The laws justify themselves through circular reasoning - making the laws unjustifiable without their existence at all.

As for violence existing at some level of the drug trade...
Buying a pair of socks contributes to violence - as the sales tax is used for military funding.
There is no commodity in existence that can be bought or sold without someone having negative physical repercussions somewhere in the world.

Gas is a good one. People literally die (somewhere around a million of them in Iraq in the last year alone) in order for you to be able to purchase your gas for your car.
Does this make buying the gas a crime?

The relationship between non-violent contracts and the violence they may cause in another area are too tenuous to enforce through criminal measures.

Selling a set of knives to someone who goes out and commits murder isn't a crime.
The crime is in the violation of the another's rights without their consent.
The murderer violated the rights of the victim.

You, as an independent entity can contract consensually with anyone, so long as your goods are not falsely represented nor stolen. This cannot be a crime.

I'll go back to the doctrine of standing...
There are two simple requirements in order to bring ANY case before a judge - criminally or civilly (though the court contends that this only applies to State and civil Federal Courts).

1. There must be a violation of a right suffered by someone resulting in an ACTUAL injury or loss - not a hypothetical or conjectural loss or injury.
2. Someone's unlawful acts resulting in the injury or loss.
http://www.adventuresinlegalland.com/index.php?/content/view/52/27/

With drug possession/dealing - who's rights are being violated?
Hypothetically, due to the nature of the black market created by the governments and laws that condemn it, the sales of drugs at the bottom level results in conjectural loss of life at "some" level.
This hypothetical and conjectural injury or loss does not provide standing - i.e. no charges can be filed based on this presumption of harm that is not related to the issues at hand other than in a tenuous manner based solely upon one's beliefs about the nature of the drug trade.

Drugs are drugs? What does that even mean?
Drugs are property.
Government cannot, by any Constitutional grant of authority, define "property" to preclude it from the 5th Amendment protections.

By defining drugs as a "controlled substance," government claims that ALL drugs belong - by natural right - to government...
And may not be used nor distributed without their prior consent and permission (i.e. a DEA license).

The American Government has no such authority. The 5th Amendment precludes the possibility of this sort of power from ever existing.
One cannot be deprived of his property without due process of law.

Calling someone's property, "Controlled" or, "Mine by unquestionable right" without sourcing the authority to control... or proving one's right to the property in question (proof of title, copyright for intellectual property, etc...) is lot a legal claim.
This is the raising of a false right to control, in this case (by the state) in defiance of the ownership rights of the accused (me).





As for your bit about just wanting to get high...
That will be the question for addicts to ponder, the state to utilize in the destruction of my case, and for anyone that knows me to have answered.

I've gone over my drug use in the past - I didn't use drugs until I was 23.
I started late. I had an interesting view on the world when I first used drugs.
This view became more and more interesting as I delved into the drug scene and saw caring people, good people, and began questioning everything that had been told to me about drugs (I went through the D.A.R.E. program in 4th grade...)

As for idealism - I've always had a hint of that inside me. I'm not a perfectionist, more of an idealist that's grown weary of the world around him and simply given up.
I'm a dreamer... Reality bores me - and I will escape however I can.
Drugs were a new means of escape - taking the place of books, movies, and writing - but not to the point those other things were pushed completely out of my life.
They were an alternative distraction for me. A means of thinking differently for a while - a tool for later creativity and analysis.

I won't say I didn't just want to get high. I've had those nights. Lately, I've had nights where I want to just get wasted and forget about everything.
And I've taken to drinking - not excessively (not even once a week) - but beyond what I feel is appropriate for myself.


As for your stance on idealism - I don't see why it matters where one's mind rests at any given point in time.
My mom continually tells me I deserve to go to prison because at the time of my acts, I believed them to be wrong.

She may have a point - and to her credit, this is the best formulated opposition to my arguments that has been made.

But did I really feel that dealing drugs - at the time I dealt them - was wrong?
And being completely honest with myself, no. I didn't.
When I first started USING drugs, I felt a "wrongness" to it - associated with 22+ years of societal dogma bearing down upon me.
I rapidly came to the conclusion that the only thing wrong with drugs were the laws against them.
My first 2 years in the rave scene I would partake, sparingly, of "banned' drugs - while promoting Salvia Divinorum as a legal alternative... something to get you out of your regular mindset, free yourself from your daily worries and cares... and not bring down the wrath of government upon you.

There were times I came into a position of being able to get things for others that wanted them.
There were times I was asked to get things I refused to obtain.
There were times I was offered to get into the middle of deals... and the timing was right - as I had just lost my job and home.

I'm not a victim of circumstances. I'm a victim of a criminal system set up to deprive the people of this nation of their rights - their ability to control themselves and their desires... To deprive people of their ability to think clearly and critically, so that the power structure is not questioned.

I was a small threat to the state as a drug dealer. I had a customer base that didn't grow much - but existed... was ever present... and will continue to exist without me.
Yes - I questioned the state.
Yes, I set up a website at http://abolishtheusa.com after the Utah military raid on Versus back in Aug. 2005. (But I didn't start dealing until the end of 2006 - Oct/Nov range)
Yes - I said a lot of emotional things - calling for a restoration of the rights of the people and the reigning in of Government.

The time was not right. I didn't have the resources or personal motivation to pursue the issue, and the site came down at the end of the 2 year registration.
Meanwhile, http://revolutioni.st was registered as a replacement for abolishtheusa.com - as the domain name was too controversial according to those I'd consulted.
http://revolutioni.st is the most current representation of where I stand... Complete abolishment of the Federal government, with a focus on restoring the Constitution and ensuring additional protections of the rights of the people when the "New" federal government is created.

A lot of time and energy has gone into that site - but it still is a personal site. It doesn't get a lot of traffic. It doesn't have a lot of support.
There's no ads, the money comes out of my pocket.

And it's not being updated because of my legal concerns eating up all my available time.




So - there's a brief background on me.
Not that I really care.
Because what both you (assuming I read what you said correctly) and my mom fail to understand is that it is irrelevant if you BELIEVE something is "wrong" or not, if it is, in fact, NOT wrong.

It's "wrong" to eat desert before dinner. But people do it.
Is it really "wrong" or just something you're told, that you firmly believe?
What if there were "desert police" that raided your home because you didn't eat your courses in the proper order?
Does the law make things wrong (malum prohibitum) or is the thing wrong in itself (malum in se)?

That's what the drug laws provide - a police force utilized in the terrorizing and "controlling" of people doing something someone else doesn't approve of... for whatever reasons they don't approve of it.
Without the violation of another's right against their consent, the act in question remains malum prohibitum, despite dictum from the courts proclaiming otherwise.


Did I TRULY believe my actions to be "Wrong" at the time I committed them? I don't believe so - superficially, possibly.
In my heart of hearts? Absolutely not.

We were providing clean (personally tested) pills to a customer base that wasn't very discretionary - and would have taken what they got their hands on regardless of quality or safety. (FBI lab test approved - we had clean pills )
Was this "wrong" - to provide a SAFE (per resources available to the public - not 100% safe, but as safe as permitted under the current laws - which were obviously good enough, per the FBI lab results and our conclusions) source of something people wanted - and demanded to be given - at a consensually derived price?
Without theft, guns, or violence? I had different suppliers at the beginning - the competition was friendly. The market was so wide and continuous that there was room. There were no threats, no need to push out competition... The market was ripe, the customers always wanting more, and we rose to fill that need in the market.
Was meeting a demand of The People wrong? (Perceived need v. Public Demand... is there a difference?)

Or is it "wrong" to point guns at people and deny them safe access to things they want? (In order to protect The People wanting the things)
To challenge the non-violent distribution WITH violent opposition to the marketplace? (Threatening violence against The People if they get what they want)
To take "product" by force - at gunpoint, then also confine the owner, ensuring their silence in the coming days/weeks/etc... (In the name of The People... bringing charges in their name... and seeking "justice" for the "wrongs" committed against The People......)
And persisting in this pursuit to confine and dehumanize the owner of the product until the public sees them as something without rights - as scum...
Never to be permitted to vote, hold office, nor have enough respect to sway - let alone change - public policy?
All in the name of The People - your customer base that was free to go elsewhere if they weren't happy with your services? Or stop using your services completely?


If you want a moral dilemma, ponder that one.

Coming back to "Acceptance of Responsibility" - part of the plea process where you are rewarded for taking responsibility for your crimes.
I have yet to be told "Responsibility for what?"
My attorney said the judge told me. The judge told me nothing - other than that he would waive the requirement of a "Wrong" in Federal Criminal court dismissing all the caselaw I presented prohibiting him from doing so.

What WRONG did I commit?
"You sold drugs."
How is that wrong?
"It's against the law."
So it's malum prohibitum?
"No."

... *blank stare*
Then I'm confused.
And I remain so.
Anyone care to help me figure this out?