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

IMO while it may be okay to site references comparing the RELATIVE potential for harm of MDMA compared with *other illegal* drugs, in general I think it's a *BAD* idea to try to argue that illicit drugs aren't dangerous or harmful.

You will sooner have the judge hike up his robes and pee on the bible, then convince judge and jury that selling illicit substances is a victimless crime, or convince them that MDMA is less of a problem than caffeine.

It seems to me that you're actually taking on a greater responsibility than you need to. It's not your job to win the war, focus on your particular battle!! There's a big difference between arguing that your particular, specific set of circumstances do not constitute a crime, and arguing that the entire War on Drugs is a violation of our rights.

I'm sorry man, I think what you're doing is incredibly brave. Of course, I would also say that someone who swims with sharks is brave - that doesn't mean that what they're doing is a good idea!! You are taking on something so huge and impenetrable, that you may actually screw yourself out of a more reasonable argument, which may in turn lead to a more reasonable outcome.

Please, for your own sake - nobody on here wants to see you go down hard,... we all want the very best for you. Any one of us replying on this thread would like to see you get off scott-free. I'm asking you, when you start writing these arguments, take a step back for a second and think about 1) who your audience is, and 2) what you need to convince them of, in order to have the best possible outcome for you!! I'm sure that in some ways this is very exciting; I'd imagine it feels kind of like you're taking on a huge dare, or doing something heroic. This is your life... not a made-for-TV movie.

All of that being said,... best of luck to you. We're all cheering for you!
 
One last thing I'd like to suggest:

If you want some very honest, clear-cut feedback about anything in particular (like if a certain argument sounds reasonable, whether to choose one tactic over another, etc.) I think you should consider creating a poll on the thread (if you're able to).

I'm sure there are a huge number of people following this thread who would give honest feedback on a poll, whereas you only get a small fraction of those viewers replying with comments.

Once again, best of luck.

(To condense my last post): Remember who your audience is, don't try to oversell something above and beyond what is precisely needed, and don't get so swept up in the drama and glory of it all that you forget what you're risking!
 
Jimbog - Thanks.

You're right. I'm taking a big responsibility on to counter a tiny problem in my life.


And I'd agree with you - except that the fundamental problem with the drug laws is that they cannot exist constitutionally.

Harm is irrelevant - so long as it's consensual.
Piercings, tattoos...

Harm is done - through consent - and it is not a crime; it's a service.

I fail to see how drugs are any different.
I don't have to argue that drugs don't do harm; I only have to argue that drugs are NOT criminal in and of themselves; the harm that is claimed by the prosecution - against society - is hypothetical, conjectural, and vague.
As such, no party with standing exists, no crime exists, no jurisdiction exists, and no legitimate charges exist.
The whole thing is a non-issue.

Sure - drugs may harm the user. This is a risk they knowingly and willingly take. Consent precludes the possibility of CRIME.
Sure - the user MAY (hypothetically and conjecturally) commit crimes against society.
If that is the case, those crimes must - under the equal protection clause - be punished accordingly.

The drug use itself cannot be criminal so long as it is consensual.
Drugging another against their will - without consent or their knowledge? Rape - in a sense; and again, that's a crime.
No crime exists in this case.

As a free member of a society - based upon individual rights and liberties - I cannot fathom the concept of waiving my liberty to choose what is good and bad for myself.


The other issue is that the very "crime" I'm being tried with is for the claim and exercise of my protected rights of property and contract.


I know I've gotten some flack for the "contract" bit - but without the ability to contract/dispose of one's property as he sees fit, what rights to his property does he really have?


Congress makes all contracts with drugs illegal - then makes it illegal to possess drugs, even if you make them. Better yet, they make it illegal to use your time, energy, and talents (and currently held property) to turn it into a useful product.

That's criminal deprivation of liberty.

The laws themselves must be challenged if I'm going to get off completely.



You're absolutely right - this is MY LIFE.
Everyone tells me that I don't realize how serious this is. My comment is that they don't understand how serious the whole situation is.
The charges are not serious. If they were serious, there would be a victim.

However the entirity of the situation IS serious.
It's my life - but it's also your life.
And my sister's life. My parent's life. My neighbor's life.

And if the government is going to commit the same crimes against my family, friends, and countrymen - then I cannot sit idly by while they trounce around slaughtering the very liberties they are sworn to protect.



I've said this before, and I repeat myself;
If I am enslaved to a master I do not recognize and do not grant unconditional command of my life, then it matters not if I have walls of a prison to encase my physical body, as the bars upon the windows of my soul have already drained the very life from me.



So - if any of my arguments sounds unreasonable, please let me know so that I can abandon them and take up new ones, or reinforce them so that they become the bulwark necessary to withstand the siege that's upon me.



Granted - the whole thing sounds unreasonable;
"The drug laws are wrong. Stop tying to charge me with them!"

But it's right.
Constitutionally, collectivism is prohibited.
Constitutionally, property rights are inherent in the individual - and cannot be usurped by the state except by due process of law (guilty verdict by a jury, or constitutional amendment).

Neither has taken place.

No crime is alleged.

Disobedience of a master I do not recognize is a "crime"?
Congress has a RIGHT to dictate what is and is not acceptable conduct - and by disobeying I am infringing upon that RIGHT?

If not, the court has no jurisdiction as there is no party with standing to bring charges.




It's all completely insane...
And I'm not sure if I've lost my mind - or if things are really this easy...
Or everything is misconstrued and contorted, so that we no longer have rights and the entire concept of a Constitutional government is an utter sham. In which case, the government, judge, Congress... all of them are acting completely without legal authority, and every act of power they commit is an outright crime against the American People.

I don't know any more.

But there's a fire burning inside me that isn't willing to let a few criminals attempting to run my life instill fear in me and force me to obey their will unquestioningly.

And that's exactly what they are; criminals.

The prosecutor - who makes a living by arguing and pushing for another person to be deprived of their rights... Who's entire existence is devoted to the destruction of other's liberty and livelihood...
That's a sociopath for you.

The judge, I hope, remains neutral.
We'll see.





As far as my audience goes - the judge will rule on the motion.
The judge teaches a course on the International drug trade and how it effects our civil liberties at the University of California, Irvine.

He's a Vietnam veteran.
He fought communism.


The drug laws are based on the communist concept of state proprietorship - individual privileged possession/usage.

The Constitution has been abandoned in an attempt to seize absolute power over the American people.

Lies, falsehoods, and terrorist threats have been used in order to influence the American people to oppose the peace movement (Original reason for outlawing drugs - attempt to dismantle anti-war speech), and wage war upon each other, rather than stand united against those that would oppress them.

And I have no qualms about raising these issues in court.



I can't make a poll (unless I get permission to make a new thread ;)) - but I like the idea.
My biggest problem is that things are clear in my head...
I can explain them simply (er... it seems to be a simple explanation to me. Let me know what doesn't make sense >_<)
And back them with both the Constitution and case law.

The prosecutor is opposing me with minor technicalities that ignore the greater issues.
The courts ALWAYS do this in their rulings.

It's a known flaw with the system - rather than rule on the BIG issue, the smaller issue (failure of due process, failure to read Miranda rights, etc.) is taken and the case is dismissed.
Overturning laws is no longer a function of the court.
See here;
http://new.revolutioni.st

Sure - a lot of that is personal belief, but for the love of all that's holy, if we don't start standing up for our RIGHTS and our LIBERTY, we'll never get it back.

I may have lost my mind, but I honestly do not believe I'm free outside of prison.
What difference will it make if I'm offered free room, board, and clothing or if I remain "free" in order to fend for myself and attempt to feed, house, and clothe myself while my rights remain checked by laws which prohibit their free exercise?


If I can walk into court and not fear the outcome - and not really care one way or another which way things go, I have nothing to lose.

And only by having nothing to lose can someone be willing to risk it in an attempt to gain everything.


For me, I'll lose the facade of freedom.
If my freedom is nothing more than a facade, why should I not risk it in an attempt to claim true freedom?



Feel free to respond to that in any way you can.
Let me know if I'm losing it, or if my positions are becoming more and more clear.
The brief run through of my arguments;


I have unalienable rights of property and contract.

I do not have constitutional rights, nor rights granted by the constitution.

Congress cannot create rights, as rights are pre-existent to the creation of Congress.

Congress cannot criminalize the claim nor exercise of a constitutionally protected right.

The government’s powers are derived from my rights and consent.

No powers of government may supersede the rights of myself, nor another person, as those powers are not vested in the person attempting to grant those powers to the government.

No party with standing has made a claim against myself or my actions.

There is no “crime” with which I am being charged, no allegations for which I must defend myself;

A legislated presumption is not a criminal offense.

Congress has no power to create rights, as rights are pre-existent to the formation of government. As congress cannot create rights, to include “rights of society,”, statutory standing is a myth created by the prosecution in an attempt to legitimize their criminal actions against myself, and others.


The case law backing that up is in my response;
http://mike.revolutioni.st/9007SR.htm









Are there any points that aren't clear?
Any leaps in logic that need to be brought closer together - smaller steps taken between the stones?
Are there any fallible arguments that I need to address before presenting this to the court?

Those are the only 3 questions on my mind right now.
Stopping and thinking about what's best for "ME" isn't on my mind.
Restoring liberty to my friends, family, and country are what is best for me.
If I must suffer at the hands of criminals for attempting to correct the wrongs being committed against us, then so be it.

This isn't a war against the drug laws. This is a war for our rights and fundamental liberties.
I'll fight it until my last breath is drawn or until our freedoms are restored.
 
Have you considered asking for some help from the ACLU? You are challenging the constitutionality of US drug law. While I admire your courage and I support your cause, I would be very surprised if the court ruled in your favor.

You make some very good arguments and I agree with you in principle. But no prosecutor or judge is going to concede simply because the federal drug laws are well established and they support long standing anti-drug political policy.

Unfortunately, it does not always come down to what's really right and wrong. It's more often politics at work. The politicians and lawyers are experts at using laws and words, often twisting their original intent and meaning, to achieve their own disingenuous objectives.

I sincerely hope you win your case. And I admire your courage for putting yourself on the line for what you believe in. But I think you'd have better odds with assistance from some drug reform professionals. They must need people like yourself with a case and a willingness to pursue it as much as you need them for legal advice and assistance. Good Luck!
 
I did ask the ACLU last year.
Twice.

I went back to their website and applied again - but don't know if the form failed to send, or if it was sent.

Either way, it won't be reviewed in time.
They take about a month to respond.


The arguments are too simple for court.
It's going to make presenting them hard.

Luckily they're already presented.
I only have to follow up on them at the hearing and see what's said... what's challenged...
And request the court recognize and stand up for my rights.

Don't get angry.
Ask questions.

I think I may be better off without counsel as I will be able to respond truthfully and more openly than one in fear of losing their license to stand and speak.



If it doesn't come down to what's really right and wrong I'll file for a writ - as the court is utterly without jurisdiction.
I won't accept a ruling against my motion.

It isn't acceptable.

There is no justification for CRIME.
Crime is what the government is doing in violation of my rights.
They have yet to accuse me of committing a single crime.



Long standing policy - if that policy is criminal - does not withstand scrutiny and permission of a continued crime.

One can rob a bank, and rob another bank... and because of their consistency in robbing banks... and it becoming common practice for them...
This means that they must be permitted to continue these criminal acts indefinitely simply because it is well established that they can do so?

What kind of argument is that?
(Yeah - I've been rewording that one in my head for about a month now. It can change to fit pretty much any situation the court tries to throw at me by justifying previously criminal attempts upon the citizenry.)
 
The best defense against a criminal and corrupt government is to renounce the government and lead a revolution to abolish it before your court date.

And you thought I was foolish to take this kind of a stand in federal court.

I'll take it to the streets before then - and continue fighting in court as well.

http://revolutioni.st/fol.html

Badnarik reminds us that we have the RIGHT to abolish a government that doesn't respect our rights.

I dunno if you follow me to CEP or not, but I'm not planning on resting until our rights are restored.
The drug laws be @$^&ed - this is about our fundamental rights.
The drug laws are such a small part of the battle.


I keep saying that the timing for me is perfect.
The charges are perfect.
The prosecution's opposition to my motion is a crock of despotic crap.

It's time to rally the country around or rights - and reclaim them, then protect them, and ensure they're never taken from us again.
 
I just wanted to send you some love <3!
I know Ive said it before but you are doing an amazing thing.
We are not free. I support you.
Im thinking really positive thoughts for you friend.

“One person can make a difference and every person should try.”
-JFK
 
karma1485 said:
I just wanted to send you some love <3!
I know Ive said it before but you are doing an amazing thing.
We are not free. I support you.
Im thinking really positive thoughts for you friend.

“One person can make a difference and every person should try.”
-JFK


Thanks.

Now, stop quoting dead presidents.
As it's Lincoln that's gotten me into this mess to begin with >_<

[/quote]Good Ole Abe;
"The best way to get a bad law repealed is to enforce it strictly."
"The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just."
"I am not bound to win, but I am bound to be true. I am not bound to succeed but I am bound to live the best life that I have. I must stand with anybody that stands right and part from him when he goes wrong."[/quote]
 
Banquo - since you asked for them...


The interview I did with Howard Wooldridge - one of LEAP's speakers and an ex-cop of 16 (or 18... I've read one, heard the other...) years.

They're hosted on TalkShoe somewhere.
I had direct d/ls to the mp3 files in my email - not a link to the pages...

Anyway... there's 5 parts.
I resampled them to make them smaller - it's talk radio from a call in number. I don't think anyone needs the 256Kbps files.
If you want them, let me know and I'll link to them.


Anyway...
The smaller ones are here;
http://mike.revolutioni.st/ffr/

No page - just 5 mp3 links.

Each one is about 20 minutes... between 8-10 megs.

Meanwhile - just for fun...
http://ddeal.us

Because NO ONE wants to see the pigs win! - it's a counter agency for LEAP.
Because they need some competition.

(Yeah - I got bored last night.)
 
Check this out!
http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00001951----000-.html


§ 1951. Interference with commerce by threats or violence


(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(b) As used in this section—
(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
(2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
(3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.


Doesn't that sound like prohibition?
Doesn't that make the drug laws - or their enforcement thereof - federal crimes?
 
^
I suspect that the words 'unlawful' and 'wrongful' would be their get-out clause - they'd argue that prohibition IS lawful, because there's a law that makes (in your case) possession of MDMA illegal.
 
Infinite Jest said:
^
I suspect that the words 'unlawful' and 'wrongful' would be their get-out clause - they'd argue that prohibition IS lawful, because there's a law that makes (in your case) possession of MDMA illegal.


Kill joy.

That's the same argument I make against the tax protesters...
The federal income tax IS constitutional - see the 16th amendment.

I'm still shoving my rights out there in front of the government's privileges.
They're not challenging my ownership of the pills.
Depriving my of my right to possess my private property violates the 5th amendment.

The prosecutor claimed that "in furtherance of a legitimate state interest" the 5th amendment may be waived by the necessary and proper clause and the interstate commerce clause.


The laws themselves are criminal.
There mere existence doesn't grant the ability to commit crimes to federal agents.
. 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.” Olmstead v. United States 277 U.S. 438

Depriving me of property which I own is THEFT, robbery, or extortion when the use of/threat of use of force is applied.

The 5th amendment prohibits this conduct.




Alright...
I'll quit ranting.
I've done enough of that.
My response is up to 54 pages >_<
 
Well...
I'm completely brain dead.

Two days and nights of little sleep and nothing but staring at a computer screen.


>_<


Yeah - I even forgot to remove the bit about MDMA not being scheduled in California.
I blame WordPerfect.
For some reason it won't build the tables any more - table of contents and table of authorities.

It freezes every time I try to save the document.


So - after trying to fix that for an hour and a half (after which I was going to read through and double check everything. I just skipped this. Which I'm sure will prove to be foolish...) I just sent the thing after changing a few page numbers in the Table of Contents.


I've already sent an email to the court and prosecution with the error noted.

I had referenced that MDMA is not scheduled in California after coming across that in research in this document;
http://www.publications.parliament.uk/pa/cm200506/cmselect/cmsctech/1031/1031.pdf

Further research led me here;
http://www.cognitiveliberty.org/dll/cal_ecstasy_law.htm

I placed this reference on page 35, line 15.

This is no longer true.

Word Perfect crashes every time I try to save the altered document - it attempts to remake the Table of Contents and Table of Authorities, uses 100% CPU and then errors out.

If I can correct this problem I will issue a revised document, if not, please note this correction.

The prosecution's response was, "Thanks for the notice. State law doesn't matter anyway - as the federal laws control."
And he pointed me at some statute or something.
Ah. No. The constitution...
U.S. Const., Art. 7 (constitution and laws made in pursuance thereof “shall be the Supreme Law of the Land”).


Anyway...
It's more aggressive than it should be.
It sounds a little strung out.
And that's probably with good cause, seeing as how I'm starting to lose it.


Oh well.
http://mike.revolutioni.st/9007SR2.htm

WP wouldn't save in html format either - that's google converted PDF -> html
 
Kalash said:
Realistically my attorney expects the 5K1 to reduce it a little further - somewhere around 30-36 months... but this isn't guaranteed.

Apparently there is a drug program that will reduce the time a little - another few months...


Total - somewhere between 2 1/2 years (30 ish months - with EVERYTHING) and 3 - realistically - but nothing promised under 46-57.


That's pretty damned good.
 
While I commend your fight against your perceived injustice, you would do well to remember that in many other countries, you'd have been hanged a year ago.

Anarchy makes strange bedfellows.
 
Kalash said:
Anyway... there's 5 parts.
I resampled them to make them smaller - it's talk radio from a call in number. I don't think anyone needs the 256Kbps files.
If you want them, let me know and I'll link to them.


Anyway...
The smaller ones are here;
http://mike.revolutioni.st/ffr/

No page - just 5 mp3 links.

Each one is about 20 minutes... between 8-10 megs.

Meanwhile - just for fun...
http://ddeal.us
thanks for posting
 
Missykins said:
That's pretty damned good.


Depends completely upon your perspective.

It'd be pretty good if I didn't have rights.
As it stands, it's crap.

It's worse crap when you consider that dose per dose MDMA is punished more harshly than heroin.


Because of fraudulent (or simply bad) science that was retracted after the new weight ratios were established upon it (See the Ecstasy Prevention Act of 2001 based on Dr. Ricaurte's research that was retracted in 2003 for being completely false.)


When you look at it like that, look at Judge Young's rulings stating that MDMA couldn't be placed higher than schedule III - and that would put me at 0-6 months BEFORE any downward departures...

2 1/2 years is CRAP.


So... perspective.
They COULD give me 6 1/2 - 9.
So 2 1/2 is good.

But legally, what they're doing is criminal, what I did was an innocent exercise of my rights.
Scheduling wise/punishment wise, the sentencing guidelines are way off base.

So no - 2 1/2 years isn't a good deal.





Banquo - no problem.
As I've said from day 1 - I'd rather be open and honest and not worry about getting caught up in lies and deceptions.

There's nothing I can say that the government doesn't know.
Sure - me admitting things can prevent them from having to prove them - but I don't challenge any of their facts; I'm challenging their perspective and their actions under the Constitution.

The only thing I'm unsure of at this point is http://ddeal.us because apparently not everyone gets that it's a joke.
>_<




Missykins - if I was in another country I wouldn't have unalienable rights; I'd have government granted privileges of limited liberty.

In England, the argument I'm using - albeit slightly altered - failed, because ultimately the English are subjects, and orders of the crown/government are absolute.
Yes, they respect a set of rules so that the people continue to permit them to have power over them without rebelling...
But the English are subjects without rights, but privileges granted by the crown.


Argue that it isn't that way all you want.
You're right. In practice, that isn't the case.
But on paper, that's the way it is.

In America, we're not free. I know this.
But on paper, we are. And the government is bound to respect our freedom and our rights though their oath to uphold and protect the Constitution - which establishes our rights as superior to the authorities granted, as these powers are mere privileges derived from our rights.


I get into that in depth somewhere...
I think it's around page 28.
 
I hate to rain on your parade, but I think it's time for a little reality.

The laws themselves are criminal.
There mere existence doesn't grant the ability to commit crimes to federal agents.
I agree, if the U.S. constitution were interpreted correctly drug laws would not exist. The problem with all this is that you assume you still live in a free country. You assume that the checks and balances still work and that the constitution still matters. You're wrong, it hasn't been like that for a long time. I can tell you with about 99.9999% certainty that you will lose this battle. You're going to end up in prison.

I think you should have taken Banquo's advice earlier when he said you should go into debt to get a decent lawyer. But it looks like you have decided to ignore that advice and fight the government so I'll give you some different advice.

If I were you, I would save up as much money as I could and try to escape to a third world South American country. Living in those kinds of countries is much cheaper than the U.S. so the money would go far. You could pay the locals to teach you Spanish once you get there. That would be very hard but not as hard as spending 3 years in prison.
 
Top