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September 16, 1997 The truth IS out there.

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A NEXIALIST N+E+W+S FEATURE: JURISDICTION 001

from L. Reichard White


Do you like the "A-ha!" experience?

CLUES:

- Tim McVeigh was charged with only 8 counts of murder, though 168 people were killed in the bombing of the Murrah Federal Office building in Oklahoma City. One attorney suggests this is because only eight of those killed were federal employees, and these are the only people covered by federal jurisdiction. -CNN Burden Of Proof, 04-21-97, 12:45pm EST
- Oklahoma City bombing prosecutors must show that the eight Federal law enforcement personnel killed in the bombing were in the Murrah building for official reasons in order for Federal murder statutes to apply. -CNN HLN, 05-15-97, ~11:39am EST
[The Congress shall have Power] To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, doc- Yards, and other needful Buildings; -from Article I, Section 8, UNITED STATES CONSTITUTION
~"I don't know whether Janet Reno is responsible for the worst law enforcement operation [incineration of 80 "Branch Davidians," including 22 children] in the history of this country or whether she's carrying the water for the FBI and BATF. But if she's responsible, she should be fired. The people in Waco should convene a grand jury, because it's clear to me that the FBI and BATF agents in their testimony before Congress were lying through the teeth." -Rep. James A. Traficant, Jr., D-OHIO [a former sheriff] CSPAN, 08-02-95 10:08am EST, from the House floor.
* Officials in the State of Idaho are filing charges against FBI Hostage Rescue Team (HRT) sniper Lon Horiuchi, who will be charged with manslaughter (max. 10 years & $10,000 fine) [for shooting Vickie Weaver through the head while she was holding her baby daughter during the siege at Ruby Ridge]. The Weaver's friend, Kevin Harris, will be charged with first degree murder. In 1994 the Justice Department declined to prosecute Horiuchi when he testified that he shot Vickie Weaver "by mistake." KEVIN HARRIS WAS ACQUITTED ON FEDERAL MURDER CHARGES, YET DESPITE SO-CALLED "DOUBLE JEOPARDY" PROTECTIONS, HARRIS CAN BE RE-TRIED BECAUSE IDAHO IS A SEPARATE JURISDICTION. The trial of the cops who beat-up Rodney King (on Federal civil rights violation charges) after they had been acquitted by a Simi Valley, CA. jury [which caused the "Rodney King riots" in Los Angeles] is another example of de-facto double jeapordy because state jurisdiction and Federal jurisdiction are separate. -CNN Today, 21 Aug 1997, ~12:59:10 PM EST
// Would someone please explain (w/cites) the basis by which "double jeopardy" does not apply? -John Taylor
// The concept of "double jeopardy" is the criminal law equivalent of the civil law principle of "res judicata". The constitutional protection against double jeopardy does not protect a defendant from being tried twice for the same act, it only protects a defendant against being tried twice by the same sovreign.
By application, this means that Mr. Harris cannot be tried again by the United States. But as he has never been charged with any crime by the state of Idaho, Idaho is free to charge him, and try him, for any and all criminal acts and omissions arising out of the siege at Ruby Ridge.
By the way, this interpretation of the double jeopardy clause is an interpretation that has always been insisted upon by those favoring "states' rights", and which was propounded by the anti-federalists. The states' rights advocates feared that the federal government would bind the hands of state courts by the use of preemptive prosecutions, rendering favored federal officials immune from state justice. -Joseph Reichert

APPLICATION:

// Well, sure, an' the sovereign state of Idaho or the sovereign state of Wyoming or the sovereign state of Arizona can tell the sovereign fedcops an' the sovereign BLM an' the like to go stuff it, then. -Charles Curley
- In the 1960s TV series "The FBI," starring Ephriam Zimbalist, Jr., the first problem the FBI agents had to solve each week was how to get jurisdiction or how to get local authorities to invite the FBI agents to help. -LRW

"Sheriff Dave Mattis of Big Horn County, Wyoming, said this week that as a result of Case #96-CV099-J, U.S. District Court, District of Wyoming, he now has a written policy that forbids federal officials from entering his county and exercising authority over county residents unless he is notified first of their intentions."
"After explaining their mission, Mattis said he grants them permission to proceed if he is convinced they are operating within the legal parameters and authority limitations set forth in the U.S. Constitution."
"The sheriff grants permission on a case-by-case basis only. When asked what, if any, repercussions he had gotten from the Feds, he quickly and confidently replied, 'None whatsoever." He explained by saying, "They know they do not have jurisdiction in my county unless I grant it to them.'"
... "Sheriff Mattis contends that the U.S. Constitution, Article 1, Section 8, clearly defines the geographic territories where the federal government has jurisdiction. Amendment X, he said, states that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'"
"'Put another way,' Mattis said, 'if the sheriff doesn't want the Feds in his county, he has the constitutional power and right to keep them out or ask them to leave.'
"Mattis said he grew weary of the Feds coming into his county and running rough-shod over county residents: i.e., illegally searching, seizing property, confiscating bank accounts, restricting the free use of private lands and other abuses, without a valid warrant and without first following due process of law as guaranteed by the Constitution to every citizen."
"Mattis went on to say that, to his knowledge, even the IRS has not attempted to seize any citizen's real property, bank account or any other private-owned possessions since he ran the Feds out of his county."
"Sheriff Mattis came across as a soft-spoken, polite man whose only interest is protecting the citizens he was elected to serve. That being the case, he might be the sheriff for as long as he wants to be."
"Sheriff Mattis is hopeful that other sheriffs will assume the same stance." -SHERIFF BOOTS FEDS FROM HIS COUNTY by Phil Hamby (Knoxville Journal, August 7-13, 1997 pA1 and A6 The Knoxville Journal Ph (423) 546-5353 FAX 0858, c. 1997
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." -ARTICLE X, Bill of Rights, The CONSTITUTION OF THE UNITED STATES
// "The Court today properly holds that the Brady Act violates the Tenth Amendment in that it compels state law enforcement officers to "administer or enforce a federal regulatory program." See ante, at 25. Although I join the Court's opinion in full, I write separately to emphasize that the Tenth Amendment affirms the undeniable notion that under our Constitution, the Federal Government is one of enumerated, hence limited, powers. See, e.g., McCulloch v. Maryland, 4 Wheat. 316, 405 (1819) ("This government is acknowledged by all to be one of enumerated powers"). "[T]hat those limits may not be mistaken, or forgotten, the constitution is written." Marbury v. Madison, 1 Cranch 137, 176 (1803). Accordingly, the Federal Government may act only where the Constitution authorizes it to do so. Cf. New York v. United States, 505 U.S. 144 (1992). -Justice Clarence Thomas from the Mack decision on Brady.
* "The [Supreme Court] decision struck down the requirement that local police officers conduct background checks but left in tact the Brady Bill's 5 day waiting period." ... I know that these state and local law enforcement officials who asked us to pass the law, will continue to do the background checks. I asked Attorney General Reno and Secretary Rubin to contact police departments across the country and let them know the background checks can and should be done by local police ON A VOLUNTARY BASIS." -President Bill Clinton, CNN Breaking News, 27 Jun 1997, ~12:34:45 PM EST [Emphasis added. -LRW]

BACK DOOR TO FEDERAL JURISDICTION:

- To convict McVeigh of the first three counts, [one count of malicious destruction of government property, one count of blowing-up an explosive device, and one other count] the prosecution must show that the Murrah Building bombing affected inter-state commerce. -Greta Van Susterin, CNN Burden of Proof, 05-30-97, 12:57pm EST
- The Supreme Court on April 25, 1995, ruled a Congressional ban on guns within 1000 feet of schools unconstitutional. Congress has been passing such laws on the basis of the Fed's power to regulate interstate commerce. The Supreme Court ruled that guns near schools didn't affect interstate commerce. This was the first time since 1936 that the Supreme Court declared ANY of these interstate commerce laws unconstitutional. The Court even upheld a 1942 law which asserted the right of Congress to regulate the wheat grown by an individual farmer, even if grown in a separate, private garden plot FOR HIS OWN USE. The Court's reasoning: If he baked it into bread, he wouldn't buy that bread from someone else and this would impact interstate commerce in bread. -The McNeil Lehrer News Hour, 27 Apr 1995 Wickard v. Filburn, 317 U.S. 111 (1942)
- Quite clearly, the intention of the Founding Fathers in including the inter-state commerce clause in the Constitution was NOT to interfere with farmers' private gardens. Clearly the intention was to prevent STATE GOVERNMENTS from interfering in inter-state trade by passing tariffs on goods from other states. State governments, like all governments, pass these "protective" tariffs to produce revenue for themselves while at the same time, protecting their own "special interest" merchant cliques from "foreign" competition. If we straightened out the casuistry which implicitly asserts that the intention of the Founding Fathers in the inter-state commerce clause was to give USA Corp. the power to meddle in private matters rather than to prevent trade interference by state governments, how much Fed power would be gone? -LRW
// "Government's authority under the Commerce Clause, which merely allocates to Congress the power 'to regulate Commerce . . . among the several states,' does not extend to the regulation of wholly intrastate, point of sale transactions. See United States v. Lopez, 514 U.S. 549, 584 (1995) (concurring opinion). ... Although this Court has long interpreted the Constitution as ceding Congress extensive authority to regulate commerce (interstate or otherwise), I continue to believe that we must 'temper our Commerce Clause jurisprudence' and return to an interpretation better rooted in the Clause's original understanding." -Justice Clarence Thomas from the Mack decision on Brady.

CONSEQUENCES:

- To avoid paying $2000 and spending long hours to get a German driver's license, young Germans travel to England for an equivalent EC (European Community) license from British driving schools. This takes less time and costs only $600. The German government doesn't like this, although according to EC rules, it is perfectly acceptable. Germany passed a law against the practice. The British government is lodging protests, saying this is nothing but "old fashioned protectionism" of German driving schools. -NWI World News, 29 Mar 1996 6:24:58 PM EST
// This has been a top story all morning, on the regional cable news channel for the Pacific Northwest. Not surprisingly, a lot of Idahoans shop in Oregon, because Oregon has no sales tax. State governments have always bitched about this type of thing -- bitching being cheaper than tax cuts. But Idaho is doing something new and, well, outrageous. Idaho tax officials have been going into Oregon, and shaking down Oregon retailers, demanding that the retailers collect and forward Idaho sales taxes. (I'm not making this up.)
On a related note, the best way to play the game is available to anyone living in the southern part of my state (WA). Live in Washington, which has no personal income tax and a high sales tax, but drive across a bridge to shop in Oregon. It works best with autos, of course, where Oregon also has lower auto registration fees. WA state tax mavens claim there is a growing incidence of Washingtonians with Oregon-licensed cars. -Mike Hihn, , LIBERTY ISSUES, 23 Aug 1996 14:11:21
How far do you have to tavel to access a website outside US jurisdiction? - LRW
* Gambling is a $500 billion dollar a year industry. It is spreading to the internet, and is opposed by Jim Doyle, Wisconsin Attorney General because it won't be controlled by governments. They're using this as an excuse to try to pass a Federal Law making it "illegal to gamble on the internet." -CNBC, 20 Aug 1997, ~12:19:47 PM EST
* "We started [World Sports Exchange] in January. ... We feel all bets take place down there in Antigua where we're licensed to do what we do. If the internet is to survive, it can't be subject to every venue in this country. If the internet is going to survive, a server has to be regulated only by the jurisdiction in which it resides otherwise the whole thing would come to a screeching halt. It's not practical to have every jurisdiction in the world have jurisdiction over every server. ... The states seem to have no problem with gaming, as long as they get a piece of it." -Jay Cohen, President World Sports Exchange. BUT Cohen wants the US to license I-Net gambling sites. -CNBC, 20 Aug 1997, ~12:22:32 PM EST
The Pennsylvania Liquor Control Board (LCB) has a monopoly on all liquor sales in the state of Pennsylvania and is thus, literally, the world's largest liquor dealer. With such monopoly powers, their prices are quite high. As a result Pennsylvanians, especially ones near borders, often buy in neighboring states. The PA LCB takes this practice quite seriously; they sent LCB agents into Maryland to shadow cars with PA plates, and if they bought liquor, follow and arrest them as soon as they crossed back into Pennsylvania. Maryland liquor retailers and their police threatened the PA agents with legal and bodily harm. That's when the story hit the press. The LCB ceased the practice. - Western PA media (before I started taking detailed source notes) -LRW
N+N:Reprise: How far do you have to tavel to access a website outside US jurisdiction? -LRW
- What would happen if a Utah State Trooper came into Las Vegas to bust a Utah resident for playing blackjack because gambling is illegal in Utah? Suppose the Utah trooper arrested a Nevada resident or a Pennsylvania, etc. resident gambling in Las Vegas because gambling is illegal in Utah? Suppose the Utah trooper arrested the Las Vegas blackjack dealer, shift boss, and casino president -- or the governor for allowing gambling in Nevada? -LRW
- Spokesman says it's OK for Israeli commandos to go into Lebanon, etc. in order to retaliate against terrorists. -BTV, 5 Sep 1997
- After 12 Israeli commandos are killed on raids into Southern Lebanon, public support for such operations drops, and inside sources reveal the Israeli government is rethinking its position on such raids. -NWI, 7 Sep 1997, and Politics This Week (September 5th - September 11th 1997), the Economist, http://www.economist.com/
- UN sends troops into Somalia without an invitation from any local authority. UN & NATO send troops into Bosnia. UN sends troops into Rwanda.
// The main Croat party in BOSNIA said it would boycott local elections this weekend; Serbs dropped a similar threat. NATO troops blocked roads to Banja Luka to prevent a demonstration against Biljana Plavsic, president of Bosnia's Serb Republic, by supporters of her hardline rival, Radovan Karadzic. -Politics This Week (September 5th - September 11th 1997), the Economist, http://www.economist.com/
* A contingent of U.S. (Nato) "peace keepers" in Bircko, Bosnia are attacked by civilians throwing "almost anything they could get their hands on," causing allied officials to ask whether the peace keepers were crossing the Mogadishu line. "While local radio urged the people to rise up and cleanse their town of foreigners, the United Nations police task force came under attack for trying to give the Bosnian Serbs a police force fit for democracy." "Since July, NATO forces have gone after two alleged Serb war criminals and raided anti-Plavsic police units ..." UN/NATO forces have also considered attempting to arrest Radovan Karadzic, former Serbian president. "One alliance official tells CNN News, 'NATO knows it's been sucked into backing one side in the Bosnian Serb political power struggle. It's gone too far,' ... 'There are going to be some ugly scenes.'" -Ralph Begleiter, CNN World Affairs Corresponednt, CNN Prime News, 28 Aug 1997, ~8:02:41 PM EST
- After Somalis kill over twenty UN "peace keepers" and drag the body of an American peace keeper through the streets of Mogadishu, UN forces withdraw from Somalia.
// Plans for a UN RAPID-DEPLOYMENT FORCE took a step forward when Kofi Annan, the secretary-general, officially inaugurated the brigade staff. Seven countries have so far committed troops to the force, which is expected to be operational by 1999. -The Economist , Politics This Week (August 29th - September 4th 1997)
// From what I have seen in Rowanda [the brutality exhibited by Italian, Belgian, and Canadian UN peace keepers -LRW] the UN ... is part of the problem - not a solution. ... We need strict laws, checks and balances, decentralization and armed citizens to restrain the evil within man's heart." -Peter Hammond of Frontline Fellowship, The JBS Bulletin, September 1997, p. 4-6: JBS Website

THE CRUX:

"And, in distinguishing a debt from the paper instrument which was merely an evidence of debt, Justice Holmes also said, in another case, "The debt is inseparable from the paper which declares and constitutes it, by a tradition that comes down from more archaic conditions. Therefore, considering only the place of the property, it was held that bonds held out of the state could not be reached. . . . But it is plain that the transfer does depend upon the law of New York, not because of any theoretical speculation concerning the whereabouts of the debt, but because of the practical fact of its power over the person of the debtor . . . WHAT GIVES THE DEBT VALIDITY? NOTHING BUT THE FACT THAT THE LAW OF THE PLACE WHERE THE DEBTOR IS WILL MAKE HIM PAY. POWER OVER THE PERSON OF THE DEBTOR CONFERS JURISDICITON." -John R. Commons, Legal Foundations of Capitalism, (New Brunswick, NJ: Transaction Publishers 1995), p. Originally published in 1924 by The Macmillan Company, p. 248 [emphasis added. -LRW]
- Donald Trump has indicated he's interested in sponsoring a Mike Tyson fight in Europe or elsewhere if Tyson is banned from boxing in the US. Any professional boxer licensed in the US would face severe penalties for fighting Tyson within United States jurisdiction. But can a boxer licensed in Nevada fight Tyson outside of the USA? The revocation only applies to the USA, so a fight could happen elsewhere. -CNN Today, 9 Jul 1997, ~ 2:12:01 PM EST
- An Irish woman was denied the right to travel to England to get an abortion because abortion is illegal in Ireland.
- On January 14, 1961 [President] Eisenhower signed a bill making it illegal for US residents to own gold anywhere in the world.
If you show your local police pictures of you selling marijuana in, say, Mexico and tell them in front of witnesses that you did so, can they arrest you? -LRW
KOTA BARU: A bill seeking to implement hudud law in [the Malaysian State of] Kelantan was tabled in the state assembly yesterday.
It gives non-Muslims [~30% of Malaysians are ethnic Chinese, thus mostly non-Muslim] the choice whether they want to be subject to the legislation.
Meatri Besar Nik Aziz Nik Mat, in tabling the bill said hudud was "the universal laws of Allah" which would eliminate whatever discrepancies, weaknesses and unfairness found in the country's laws.
The bill, if passed, will be applicable to every Muslim in the state.
However, Nik Aziz said if an offence under hudud definition was committed by or against a non-Muslim, he had the right to choose to be tried under the hudud system or to make a complaint under hudud regulations.
If he decides so, he will have to abide by the requirements and decisions of the hudud system. -The [Kuala Lumpur] Star, the people's paper, 25 November, 1993, pg.1
NEW: If you are a Muslim Malaysian citizen, it is against the law for you to gamble in Malaysia, but if you are, say, Chinese Malaysian -- and thus not Muslim -- it is legal for you to gamble in Malaysia. Thus, depending on which group you are in -- Muslim or non-Muslim, you may -- or may not -- be arrested for gambling at, say, the Ghenting Highlands Casino, which is by the way, one of the largest in the world. -LRW
Socialists who call themselves liberals should be made to live by all the restrictions -- and suffer all the taxation -- they would inflict on everybody else.
+
Likewise, conservatives -- and nobody else -- should be required to live the anal, authority-entangled lives that they would force everybody else to live. -L. Neil Smith , LIVE AS YOU VOTE, The Libertarian Enterprise, 1 June, 1997

NOTES:

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