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

If I plea, however, there is no room for appeal and no room for me to maintain standing in the civil case I want to raise.

I understand your concerns...
And I thank you for them.

I just can't see spending 3 years sitting somewhere locked up thinking, "What if I'd tried?"

I can see 9 years sitting and having my attempt to look back upon - and not be forced to wonder, "What if?"

Icarus, Banquo, everyone that's stated that I should look at things in a time perspective...

You're all right - 6 years can be a long time.
But they won't be nearly as long as the 3 I'd be sitting and contemplating what would have happened if I'd stood up for my rights.

If I fight and lose, I can sit and work on the appeals process while I'm locked away.
Other than writing, there doesn't seem like there will be much else to do.





Banquo - I'm reading that both ways...
More time if I go to trial - that's a crucial point.

They're THREATENING me in order to get me to plea.
That's a crucial point.


I guess...
At this point I'm fairly certain I've made up my mind.
I'm unwilling to yield my right to appeal in a case where I believe FIRMLY that the laws are wrong.

I'm tired of doing what I'm told and worrying about the consequences if I don't.
I want the liberty I was promised in school.
I want the freedom I've been consistently told that I have.

And I'll never have it if I don't stand up for it now.

Fear and submission are not freedom - even if there are no chains, bars, or guards.

If I'm to remain imprisoned by the moral doctrine of society, I have no freedom of religion. I have no sovereignty. I have no liberty.
And my countrymen suffer beside me unaware of the chains upon their feet.

My sister and cousin have expressed that they want me to spend as little time in prison as possible.
My mom says the same thing - though she feels what I did was wrong, and there is no way to ever convince her otherwise.
My dad remains silent.
My aunt said that the country needs change - badly. And people are beginning to wake up - but doesn't know if the time has come for the reforms I'm talking about.

If liberty is something people need time to get used to, we'll be bound as slaves for all eternity.

The slaves never rebelled.
It took OTHER FREE MEN to bring liberty to the slaves in this country.

And it seems that it will be that way again.

So few of America's citizens know their heritage and the meaning of their liberties.

We remain the only free nation on this earth.

This was a discussion with someone I had from England...
They are subjects of the crown - but they act as though they are sovereign.
In America, we are subjects of NO ONE - we ARE sovereign.
We we act as subject of the state.

How did things get so reversed?
Why do we sit back, accept the "better than it could be..." dogma that comes flying at us from every side, and settle for things as they are?

I'm tired of settling.

Every day this week I've felt the need to fight grow.

Since the judge said on Monday that, because of my personal beliefs, there may not be ANY plea that I would be willing to accept...

I hadn't thought about it really until then.

But what he said was true.

Either I stand beside my beliefs and philosophy all the time...
Or I do not stand for them - I simply harbor them until the time my harbor is attacked, then I remove them from my harbor in effort to shield them and ensure their safety.




Marbury vs Madison [5 US (2 Cranch) 137, 174, 176, (1803)] wherein the Supreme Court stated that "All laws which are repugnant to the Constitution are null and void."

The court clarified their position in Miranda vs Arizona [384 US 436 p. 491] wherein they stated: "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

And in Norton vs Shelby County [118 US 425 p. 442] the justices stated: "An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."


Norton v Shelby County...

If I am correct in my beliefs - and the only ground I need to stand upon is that my RIGHTS are superior to the PRIVILEGES of government - then there ARE no drug laws.

If I am incorrect - and my rights are NOT superior to a privilege of the government, then the government has exceeded its constitutionally defined purpose and is no longer a legitimate government - and I am not subject to its authority.

It doesn't require knowing ANYTHING about ANY law to determine this.

The Declaration of Independence and the Constitution are all that are required.
In 20 minutes someone could read these documents and determine that the drug laws cannot exist.

My judge hates legal gibberish.
He believes it's nonsense.

Monday, he handed a document back to the prosecutor telling him to get rid of all the "nonsense" and put it in plain English.

I have plain English arguments.
They could even be ignorant arguments of a fool and still be presentable and true.

"My rights are superior to the privileges of the government. Congress cannot use their privileges (the commerce clause) to infringe upon my rights."

That's it.

Any legal gibberish is irrelevant.
If our republic still stands; i.e. if the court maintains its jurisdiction, the commerce clause cannot override the rights of the people.




I've commented that I've lost my mind...
Believing that I can never be free so long as I am restrained by these laws.

That may not be quite true - but I'm beginning to believe it more and more.

Right now I am calm...
But anticipating - expectant of what will come.
Two weeks ago my heart was racing and I was freaking out as the deadline to sign the plea was coming to pass.

I wasn't ready to decide two weeks ago.

Now, I am.

Thanks for your support.

I'll keep you guys informed.

It's my dream to take our country back.
I'm prepared to stand alone if need be - just to make an effort to do so.

3w4u6t22.jpg
 
I'd like to make the point that no one knows what happens to the man who stood in front of the tanks at Tienanmen square. There is evidence he was eventually killed. But once he moved out of the way, the tanks went on rolling.
 
He was pulled out of the way by protesters and disappeared into the crowd from what I heard.

http://www.stanley2002.org/bordefense.htm

That link's proving helpful.

Here's what I've been saying all along...

Schick vs United States [(1904) 195 US 65, 49 L.Ed. 99, 24 S. Ct. 826]
"If there is any conflict between the provisions of the Constitution [enumerated powers to make law] and the provisions of the Amendments [Bill of Rights], the Amendments must control."
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Whoopsee...
Guess that commerce clause IS secondary to our RIGHTS.
And the Supreme Court said so.
 
IcarusRisen said:
I'd like to make the point that no one knows what happens to the man who stood in front of the tanks at Tienanmen square. There is evidence he was eventually killed. But once he moved out of the way, the tanks went on rolling.
Click to expand...

true, but do you want to die on your feet or live on your knees? :)

our OP might want to think about if he doesnt win how he will feel doing the second stretch of his sentence that he wouldnt have done if he doesnt take a decent plea.

you could be sitting there for a few years thinking "what if", but then if you fight it you could sit there twice as long wondering "what the fuck was i thinking!"

good luck.
 
dirtmcgirt said:
true, but do you want to die on your feet or live on your knees? :)

our OP might want to think about if he doesnt win how he will feel doing the second stretch of his sentence that he wouldnt have done if he doesnt take a decent plea.

you could be sitting there for a few years thinking "what if", but then if you fight it you could sit there twice as long wondering "what the fuck was i thinking!"

good luck.
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I'd rather wonder, "WTF was I thinking!" and write a book about how I tried to take on the federal government...
And work on an appeal from my cell...

I'm not precluding an out of court settlement.

I'm trying to open communications with the prosecutor - and keep getting cut off by my attorney - who has told the prosecutor NOT to get things in writing because... he believes he can do better.

While confiding in me that he doesn't believe his arguments will sway the judge.

So... WTF?

Yeah...
If the prosecutor wants my blood, he can ask me for it... not send a lackey to tell my attorney to tell me.




My attorney - today - said that he had not yet read/reviewed that letter, but had told his secretary to schedule another hearing to dismiss himself from my case (3rd time's a charm?) because, "I cannot have a client that's sending letters to the prosecutor."

Well...
@$*&!!!

If you'd do your job to my satisfaction...


And I didn't send a letter to the prosecutor.
I WROTE a letter to the prosecutor and sent it to my attorney for review.

He failed to review it, failed to react to it, failed to pass it on...

If he is not passing on my messages to the prosecutor, he's probably holding back information from the prosecutor that is supposed to be getting to me.




And since he was working under the assumption that my letter had already been sent to the prosecutor, I went ahead and sent it.

And Banquo - yes, there were things that were detrimental to a typical offense of, "I didn't do it!" or, "I only did it because!" but this is not my defense - and I cannot (realistically) challenge 5 counts that were video taped.

As I find the drug laws unconstitutional - on a number of different bases...
I broke no law - as an unconstitutional law is not a law.

That is my defense.



As for Dirt McGirt's comment...
Live free or die?

And again - I'm looking at, "Live free or get free room and board for a few extra years..."
I'm not suicidal, and if I'm going to be a slave, I might as well take them up on the offer of free room and board. $85,000 a year for that.
That I don't have to pay for.

That's not a bad job, if you think about it.

I'm considering it one of the highest end gated communities in the world.

Most gated communities have fences bad people can jump.
The fences I'll be behind? Not a chance ;)
 
Kalash said:
I'd rather wonder, "WTF was I thinking!" and write a book about how I tried to take on the federal government...
And work on an appeal from my cell...
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While I applaud what you are doing it seems like you have this idea that prison is going to be a place where you are going to get to sit in your cell all day and write a book while not being disturbed. While in fact there is a good chance that you will be fucked with, extorted, harassed and bothered a lot of the time. I wish you the best of luck but please don't think that prison is just going to be a work studio for your book.
 
LuGoJ said:
While I applaud what you are doing it seems like you have this idea that prison is going to be a place where you are going to get to sit in your cell all day and write a book while not being disturbed. While in fact there is a good chance that you will be fucked with, extorted, harassed and bothered a lot of the time. I wish you the best of luck but please don't think that prison is just going to be a work studio for your book.
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I'd agree...
And I'm sure there will be some things that will take some of my time - however I do expect the majority of it to be down time.


I'm looking at Federal Minimum security - or a Federal Prison camp.

I'm not going to PRISON.

I'll be in with a bunch of blue collar bastards that embezzled money and sat in an office...
Not in with a bunch of violent thugs.

I was picked on in school... all the way through to graduation.
I was able to take it then, more or less unflinching, and I'm pretty sure I can cope with it again - no problems.



The idea I have is that I'm not going to prison.
I'm deluded.
So I'm having trouble sharing your concerns.

The one thing I'm positive of right now is that I'm not going to just roll over.

This could be a long battle, but we are at war.
I'm going to fight to the death if I have to (i.e. my lifetime - not with a gun... There's no target for me to hit - you cannot kill a conspiracy with a bullet...).

Things are getting ugly.

If I don't TRY to do SOMETHING, I'd never be able to forgive myself.
 
i have a couple have friends that have done some serious time in fed camps. sure there are no barb wires around the facilities and shit like a regular prison.... but it still sucks.

you get a shitty prison job you work everyday making next do nothing, and there will still be some fuckign scumbags even in min security, as well as many other inconveniences.

its not like you just sit in your cell or the general area and read books and discuss the meaning of life and shit..... you dont want to be a slave, but while your in there, you are one. you have no rights. u look at a guard wrong or he thinks your being a wise ass, have fun in administrative segregation staring at the wall 23 hrs a day.

granted if you were homeless or really had nothing and were already at bottom then yea its not taht bad.

but if your educated, have a family and friends that love you , pets, etc.... it still sucks balls....

one of my friends had a couple family members die while he did 18 months... they woudnt give him a day furlough to go to the funeral.. his family was upset as hell and they even took some of it out on him.
 
Liberty shouldn't be relative.

I'm a slave out here, or I'm a slave inside.


No pets...
Family things I'm a common criminal and wants to see me locked up...
All my friends from the last 2 years avoid me because of their continuing activities - keeping a safe distance...

And... financially...
I'd be better off homeless with nothing.

And... Icarus - whoops. Yeah >_<


I guess this is all irrelevant - in a way.
It's still good to know what I'm getting myself into, but I don't think I can just lay down and let them trample on me at this point.

I'd never make it through those ~3 years if I didn't try.
And at this point - if the 5K1 is gone, it's more like 4-6.

So...
No real hindrance to going all the way now.
 
I'm sorry your family is not behind you - should I give them the benefit of the doubt and assume they're all completely sober and don't drink, or should I be predjudiced and imagine that they only think you're a criminal, and deserve punishment, because you chose different drugs than the gov saw fit for you to use / be involved with?

And you're dead right about what you've been saying. Doing 3 years thinking there was a chance could be worlds tougher than doing twice that, knowing you did the right thing and you're a victim of a retarded war on (SOME) drugs.
 
bingalpaws said:
I'm sorry your family is not behind you - should I give them the benefit of the doubt and assume they're all completely sober and don't drink, or should I be predjudiced and imagine that they only think you're a criminal, and deserve punishment, because you chose different drugs than the gov saw fit for you to use / be involved with?

And you're dead right about what you've been saying. Doing 3 years thinking there was a chance could be worlds tougher than doing twice that, knowing you did the right thing and you're a victim of a retarded war on (SOME) drugs.
Click to expand...


Mom is sober.

Dad drinks the occasional beer - but is silent. No support, no outright rage.

After sending out an email explaining my position it appears that the extended family is opposed to me risking time I could be spending either with them - working (rather than legal research)...

But...
They're there for me to talk to.

Regardless of all that...
There's still a chance if I fail that Ron Paul, Dennis Kucinich, or Mike Gravel will get into office and overturn the drug laws setting me free early.

Waiving my right to appeal...
Waiving my right to pursue compensation for the illegal actions taken against me...
Waiving my rights - and accepting that I'm a slave to the whims of Congress? Am not capable of free thought?
And AIDE them in my being persecuted for believing differently than the government?

I don't think so.

What's the point of the first amendment again?


This may not be the right choice.
It may not be the rational choice...

But it's the only choice I can live with.

There will be adversity to overcome.
This will not be an easy path...

But better to forage ahead than walk the well worn path to slavery.
 
And... political prisoner - silenced for speaking out, silenced for standing up in the face of oppression...

And if it comes to it, I'm pulling out my Geneva conventions card (from when I was in the Air Force - I was in a medical unit...) I'll claim that I'm a P.O.W. in violation of the Geneva Conventions - that I must be a Retained personnel...
Meaning that I can provide services to those in need...
And then MUST be returned to MY forces - I cannot be held captive as a P.O.W.

;)
 
Banquo said:
Unfortunately, most/all of it will be up to the judge, who will likely rule on such things in a matter of seconds.
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And how will you feel then about your attempt, your 'try', Kalash? If it is whipped from under your feet in less than three seconds and those three seconds of irritation give you another three years. Is that really a try? Have you really got a hope in hell?

You know I'll support you as a victim in the drug war but c'mon man, you need to step outside and see a new perspective.
 
Do you have a new trial date yet? Are you know officially representing yourself?
 
Oh man, I did some digging round that lawyerdude's site. You realise he's been disbarred, right?

And he's also somewhat crazy? See his proposed ten (actually 13) amendments to the constitution, including this winner:
40th amendment. In all extraditions, the defendant shall be entitled to a ride home if he is acquitted.
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Not sure I'd be staking my freedom relying on his advice.
 
That's a good law, but I'd hardly think that calls for an amendment to the constitution...
 
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