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Docket Sheet: June 6 2008
Protest zones: “No War for Oil” (October 24 2002)
Below: Trial verdict, articles, affidavits, other cases, latest

“ The very purpose of the exercise of free speech is to be heard.”

Sam J. Ervin (U.S. Senator), Sep. 29 1970

U.S. District Court for the District of South Carolina: http://www.scd.uscourts.gov/

United States District Court for the District of South Carolina Columbia Division

Closed

USA v. Bursey

Criminal Docket for Case #: 3:03-CR-00309-CMC-101

Case title: USA v. Bursey
Date Filed: 03/07/2003
Date Terminated: 01/06/2004
Assigned to: Judge Cameron M. Currie

Pending Counts:
18:1752(a)(1)(ii) – remaining on grounds where President of the United States was temporarily visiting – Temporary Residence of the President (1)

Disposition:
Defendant shall pay a fine of $500.00 within 30 days of sentencing. Assessement of $10.00. Appeal of Magistrate Judge Decision affirmed on 9/14/04 by The Honorable Cameron McGowan Currie, United States District Judge.

Highest Offense Level (Opening): Petty Offense
Terminated Counts: None
Complaints: None
Appeals court case number: 04-4832 RichardSewell

Parties Lawyers

Defendant (1)Represented by
 
Brett A Bursey
Terminated: 01/09/2004
{Director, South Carolina Progressive Network}
P.O. Box 8325
Columbia, SC 29202
Clarence Rauch Wise
Wise and Tunstall
305 Main Street
Greenwood, SC 29646-2757
864-229-5010
Fax: 864-229-2665
Email: rauch|@|emeraldis.com
Terminated: 01/09/2004
Lead attorney
Attorney to be noticed
Designation: Retained


John H. Blume
Blume Weyble and Lominack
PO Box 11744
Columbia, SC 29211
803-765-1044
Fax: 803-765-1143
Email: john|@|blumelaw.com
Terminated: 10/02/2003
Lead attorney
Attorney to be noticed
Designation: Retained


Pascal Lewis Pitts, Jr.
Advocates for Children's Services
PO Box 2101
Durham, SC 27702
919-226-0051
Fax: 919-682-8157
Terminated: 01/09/2004
Lead attorney
Attorney to be noticed
Designation: Retained


William Norman Nettles
Sanders and Nettles
2008 Lincoln Street
Columbia, SC 29201
803-779-9966
Fax: 803-929-0927
Email: bill|@|sandersnettles.com
Terminated: 06/27/2003
Lead attorney
Attorney to be noticed
Designation: Retained
 
PlaintiffRepresented by
 
USA John Michael Barton
John Barton Law Office
1331 Laurel Street
Columbia, SC 29201
803-252-2596
Fax: 803-252-6484
Email: john|@|johnbartonlaw.com
Lead attorney
Attorney to be noticed
 
  Previously, during this case:

U. S. Attorneys:
John Michael Barton
803-256-0233
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000

Docket

Date Filed # Docket Text
3/7/03 1 Information as to Brett A Bursey {40 kb} (1) count(s) 1 (nhar) [Entry date 03/10/03] [Edit date 03/18/03]
3/7/03 2 Summons(es) issued for Brett A Bursey {30 kb} Arraignment set for 9:45 4/1/03 for Brett A Bursey before the Honorable Bristow Marchant, United States Magistrate Judge (nhar) [Entry date 03/10/03]
3/13/03 3 Notice of Appearance for Brett A Bursey by Attorney William Norman Nettles (ttil) [Entry date 03/13/03]
3/13/03 4 Motion by Brett A Bursey for discovery and inspection (ttil) [Entry date 03/13/03]
3/13/03 5 Motion by Brett A Bursey for Disclosure of intent to use evidence or other crimes, wrongs, or acts under Federal Rules of Evidence 404(b) (ttil) [Entry date 03/13/03]
3/13/03 6 Motion by Brett A Bursey for Disclosure and intention to use evidence (ttil) [Entry date 03/13/03]
3/17/03 7 Summons Returned Executed as to Brett A Bursey {coming up} 3/12/03 (ttil) [Entry date 03/18/03]
3/18/03 Case assigned to Chief Judge Joseph F. Anderson Jr (cqui) [Entry date 03/18/03]
3/20/03 8 Disclosure Order as to Brett A Bursey (RE: Grand Jury Material) (signed by Chief Judge Joseph F. Anderson Jr) (mflo) [Entry date 03/21/03]
3/27/03 Case assigned to Magistrate Judge Bristow Marchant (cqui) [Entry date 03/27/03]
4/1/03 9 Arraignment {45 kb, same as item 86 below} as to Brett A Bursey held before Magistrate Judge Bristow Marchant; Brett A Bursey (1) count(s) 1 (Attorney Bill Nettles, John H. Blume, Clarence Rauch Wise) Unsecured Bond entered Amount $10,000; Defendant pleads not guilty; Location Release; Court reporter: Vince Rolland (ljon) [Entry date 04/02/03]
4/1/03 10 Plea entered by Brett A Bursey {40 kb}. Defendant enters plea of: not guilty. (ljon) [Entry date 04/02/03]
4/1/03 11 Unsecured Bond entered by Brett A Bursey in Amount $10,000 {45 kb}; (Signed by Magistrate Judge Bristow Marchant) (ljon) [Entry date 04/02/03]
4/1/03 12 Order Setting Conditions of Release as to Brett A Bursey {60 kb} (Signed by Magistrate Judge Bristow Marchant) (ljon) [Entry date 04/02/03]
4/9/03 13 Motion by USA as to Brett A Bursey for inspection {40 kb} (ljon) [Entry date 04/10/03]
4/10/03 14 Motion by Brett A Bursey for discovery, and for inspection {coming up} (ljon) [Entry date 04/11/03]
4/10/03 16 Motion by Brett A Bursey for Disclosure and intention to use evidence {coming up} (ljon) [Entry date 04/11/03]
4/10/03 15 Motion by Brett A Bursey for Disclosure of intent to use evidence of other crimes, wrongs, or acts {coming up} under Federal Rules of Evidence 404(b) (ljon) [Entry date 04/11/03]
5/8/03 17 Notice of Hearing as to Brett A Bursey for pre-trial (ahen) [Entry date 05/08/03]
5/9/03 18 Notice of Hearing as to Brett A Bursey set bench trial for 9:30 6/24/03 for Brett A Bursey before Magistrate Judge Bristow Marchant (ahen) [Entry date 05/09/03]
5/14/03 19 Memo as to Brett A Bursey; Judge Marchant held a telephone conference with William Nettles (attorney for defendant) and John Barton (attorney for the government) to clarify whether a pretrial was necessary. The parties agreed that the pretrial could be canceled, and the judge stated either party could renew a request for a pretrial if needed. (ljon) [Entry date 05/15/03]
5/14/03 20 {First} Motion by Brett A Bursey for Jury trial {70 kb} (ljon) [Entry date 05/15/03]
5/19/03 21 Response by USA {50 kb} as to Brett A Bursey re [20-1] motion for Jury trial (ttil) [Entry date 05/20/03]
5/27/03 22 {Second} Motion by Brett A Bursey Jury trial {65 kb} (ydav) [Entry date 05/27/03]
5/29/03 23 Response by USA {65 kb} as to Brett A Bursey re [22-1] motion Jury trial (jada) [Entry date 05/30/03]
6/4/03 24 Order {50 kb} as to Brett A Bursey denying [22-1] motion Jury trial as to Brett A Bursey (1), denying [20-1] motion for Jury trial as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) (ttil) [Entry date 06/05/03]
6/23/03 25 Notice of Appearance for Brett A Bursey by Attorney Pascal Lewis Pitts Jr. (mdea) [Entry date 06/23/03]
6/23/03 26 Motion by Brett A Bursey for P. Lewis Pitts to appear pro hac vice Filing Fee Amount 100.00 Receipt # 300-50334 (mdea) [Entry date 06/23/03]
6/23/03 27 Application/Affidavit of P. Lewis Pitts as to Brett A Bursey in support of [26-1] motion for P. Lewis Pitts to appear pro hac vice Filing Fee Amount 100.00 Receipt # 300-50334 (mdea) [Entry date 06/23/03] [Edit date 06/23/03]
6/23/03 28 Order as to Brett A Bursey granting [26-1] motion for P. Lewis Pitts to appear pro hac vice Filing Fee Amount 100.00 Receipt # 300-50334 as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) eod/mld (mdea) [Entry date 06/23/03]
6/24/03 29 Bench Trial as to Brett A Bursey continued {50 kb, same as item 84 below} before Magistrate Judge Bristow Marchant; defendant disputes the elements of the indictment; court sets brief due deadline for 7/9/03 for USA and responsive brief due 7/23/03 for Brett A Bursey; trial to be rescheduled if gov't prevails on the briefs; Court reporter: Jean Cole (ttil) [Entry date 06/24/03]
6/25/03 30 Motion by attorney William Nettles to withdraw as attorney of record for the defendant, Brett Bursey (ttil) [Entry date 06/26/03]
6/27/03 31 Order as to Brett A Bursey granting [30-1] motion to withdraw as attorney of record for the defendant, Brett Bursey as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) (ttil) [Entry date 06/30/03]
6/30/03 32 Notice by USA that the government does not oppose the motion of William Nettles to withdraw as counsel for Brett A Bursey (ttil) [Entry date 07/01/03]
7/8/03 33 Memorandum Concerning the Elements of the Offense {85 kb} by plaintiff USA (kbos) [Entry date 07/09/03]
{By CJHjr: 33a 3 attachments {175 kb} to this memorandum, the “legislative history” of 18 U.S.C. § 1752 (Pub. L. 91-644, Jan. 2 1971):

Senate Report, Protection of the President (U.S. Congress 91-2, S. Rep. No. 91-1252, Senate Judiciary Committee, Sept. 29 1970, 20 pages, SuDoc Y 1.1/5.91-1252; Serial Set 12881-5).

Senate Debate, 116 Congressional Record, 35650-35654 (U.S. Congress 91-2, Senate, October 8 1970), SuDoc: X.91/2:116/PT.26; daily edition, pages S 17514-17517 (floor amendment adopted).

House Report, Omnibus Crime Control Act of 1970, P.L. 91-644, at p.21 (U.S. Congress 91-2, H. Rep. No. 91-1768, Conference Committee, Dec. 16 1970, 22 pages), SuDoc Y 1.1/2.91-1768, Serial Set 12884-8, reprinted 1971 U.S.C.C.A.N. 5804, at 5849 (further amended).}

7/18/03 34 Notice of Appearance for Brett A Bursey by Attorney Pascal Lewis Pitts (ttil) [Entry date 07/18/03]
7/18/03 35 Supplemental Motion by Brett A Bursey for specific discovery and inspection {coming up} (ttil) [Entry date 07/18/03]
7/25/03 36 Memorandum of Authorities Concerning the Elements of the Offense {50 kb} by defendant Brett A Bursey {in opposition to 33-1} (ttil) [Entry date 07/28/03]
8/6/03 37 Motion by USA as to Brett A Bursey to extend time, Response to motion [35-1] motion for specific discovery and inspection (ahen) [Entry date 08/07/03]
8/6/03 Motion(s) referred to Magistrate Judge Bristow Marchant as to Brett A Bursey: [37-1] motion to extend time (ahen) [Entry date 08/07/03]
8/7/03 Minute entry as to Brett A Bursey : Judge Marchant's law clerk held a telephone conference with John Barton, Counsel for USA, and Rauch Wise, counsel for the defendant reference the Goverment's responses to Defendant's discovery motion and Defendant's memorandum which addressed the elements of the charge and raised additional issues. Mr. Barton advised that he anticipated filing a response to the discovery motion by Friday, August 8, and a response to the defendant's memorandum by Friday August 15. Counsel for the defendant consented to these filing dates, with a written stipulation to be forwarded to the Court. Counsel were also asked if they had any conflicts during the week of August 25, 2003, in the event that the Court needed to schedule a pre-trial conference or hearing on the discovery motion. Counsel respresented that they had conflicts on August 27 and August 29, and Mr. Wise advised that he would consult with Mr. Pitts who also represents the Defendant, and advise the Court of any conflicts that he may have during that week. (ahen) [Entry date 08/07/03]
8/8/03 38 Response by USA as to Brett A Bursey in opposition to [35-1] motion for specific discovery and inspection (ttil) [Entry date 08/11/03]
8/12/03 39 Order as to Brett A Bursey granting [37-1] motion to extend time as to Brett A Bursey (1), granting [37-2] motion Response to motion [35-1] motion for specific discovery and inspection as to Brett A Bursey (1) is due 8/8/03 and the response concerning the elements of offense is due by 8/15/03 (Signed by Magistrate Judge Bristow Marchant ) (ttil) [Entry date 08/13/03]
8/14/03 40 Notice of Hearing as to Brett A Bursey set pretrial conference for 2:00 8/28/03 for Brett A Bursey before Magistrate Judge Bristow Marchant (ttil) [Entry date 08/14/03]
8/15/03 41 Response by USA {70 kb} as to Brett A Bursey to [36-1] memorandum of authorities concerning the elements of the offense (ttil) [Entry date 08/18/03]
8/20/03 42 Memorandum by Brett A Bursey {75 kb} in support of dismissal because of vagueness (ttil) [Entry date 08/21/03]
8/25/03 43 Memorandum by Brett A Bursey {40 kb} in support of motion to require goverment to designate restricted area (ahen) [Entry date 08/25/03]
8/28/03 44 Pretrial Conference {125 kb, same as item 85 below} as to Brett A Bursey held before Magistrate Judge Bristow Marchant Oral Order [35-1] motion for specific discovery and inspection taken under advisement as to Brett A Bursey (1), USA to submit material requested to Court for in camera review by 9/2/03; Attorneys to inform Court of trial date when agreed upon (11/12-11/13 possibly) Response to motion/memo #42 due 9/12/03 Defendant's exhibits 1-6 submitted; Court Reporter: Ray Simmons. (mdea) [Entry date 08/28/03]
8/28/03 45 Affidavit of Eric Sirotkin {40 kb} by Brett A Bursey as to Brett A Bursey Re: pretrial conference (mdea) [Entry date 08/28/03]
8/28/03 46 Order on defendant's argument {55 kb} re: vagueness of statute, elements of crime as to Brett A Bursey; Government's response to defendant's assertion that statute is unconstitutionally vague due 9/12/03; defendant's reply brief due 9/19/03 (Signed by Magistrate Judge Bristow Marchant ) eod/mld (mdea) [Entry date 08/28/03]
9/8/03 Minute Entry as to Brett A Bursey: Judge Marchant held a telephone conference with John Barton (government attorney) and Lewis Pitts (defendant attorney). The purpose was to inform the parties that Judge Marchant would be seeking clarification from the Secret Service as to what some of the documents are which have been submitted by Mr. Barton for the Court's in camera review. (ljon) [Entry date 09/09/03]
9/12/03 47 Response by USA {90 kb} as to Brett A Bursey re memorandum {42-1} in support of dismissal because of vagueness. (ljon) [Entry date 09/15/03]
9/16/03 48 Motion by Brett A Bursey to Modify Bond {40 kb} (ljon) [Entry date 09/16/03]
9/17/03 49 Order as to Brett A Bursey; the government has 5 days to file any specific objections and/or requests for additional redactions. (Signed by Magistrate Judge Bristow Marchant) eod 9/17/03 (ljon) [Entry date 09/17/03]
9/17/03 50 Sealed Document as to Brett A Bursey (ljon) [Entry date 09/17/03]
9/19/03 51 Motion by USA as to Brett A Bursey to extend time to respond to specific objections or requests (ljon) [Entry date 09/19/03]
9/19/03 52 Order as to Brett A Bursey [51-1] motion to extend time to respond to specific objections or requests . Motion Terminated. as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) eod 9/19/03 (ljon) [Entry date 09/19/03]
9/24/03 53 Order as to Brett A Bursey granting [48-1] motion to modify Bond {40 kb}. Motion Terminated. as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) (ljon) [Entry date 09/25/03]
9/25/03 54 Notice of Hearing as to Brett A Bursey set bench trial for 9:30 11/12/03 {40 kb} for Brett A Bursey before Magistrate Judge Bristow Marchant (ljon) [Entry date 09/25/03]
9/29/03 55 Sealed Document (Response by the Government) as to Brett A Bursey (ljon) [Entry date 09/29/03] [Edit date 09/29/03]
9/29/03 56 Reply by Brett A Bursey {60 kb} to response {47-1} to defendant's memorandum {42-1} in support of dismissal for vagueness. (ljon) [Entry date 09/30/03]
10/2/03 57 Order as to Brett A Bursey; The government has 10 days to submit any arguments it may have to why material is privileged or otherwise not subject to production by statute or rule; Defendant has 10 days thereafter to file any response to the government's argument. (Signed by Magistrate Judge Bristow Marchant) (ljon) [Entry date 10/06/03]
10/2/03 58 Notice of Clarification of Status of Counsel {John H. Blume} {40 kb} by Brett A Bursey as to Brett A Bursey (ljon) [Entry date 10/08/03]
10/10/03 59 Memorandum (Response) Regarding Discovery by plaintiff USA (ljon) [Entry date 10/14/03]
10/16/03 60 Order as to Brett A Bursey; that the Goverment produce the material as set forth in attachment one (consisting of Documents Nos. 1, 2, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19) to defense counsel within 10 days of the date of this order. If the Goverment believes that any of this material should be subject to a protective order, a propsed order should be presented to the Court for consideration. (Signed by Magistrate Judge Bristow Marchant) eod 10/16/03 mld (ahen) [Entry date 10/16/03]
10/20/03 61 Order {55 kb} as to Brett A Bursey; Defendant's motion {42-1} to dismiss the charges against him on the ground that the statute as written and as applied is unconstitutionally vague and overbroad is denied. (Signed by Magistrate Judge Bristow Marchant) eod 10/20/03 (ljon) [Entry date 10/20/03]
10/23/03 Oral Order as to Brett A Bursey that Government documents submitted for in camera review be returned to the government on October 23, 2003. Accordingly, these documents were returned to AUSA John Barton (Entered by Magistrate Judge Bristow Marchant) eod 10/23/03 (ljon) [Entry date 10/23/03]
10/27/03 Minute entry as to Brett A Bursey: Telephone conference held with Judge Marchant's law clerk and counsel for the parties regarding the issue of the defendant's request for two specific documents referenced in discovery material produced by the Government. Judge Marchant directed the government to provide affidavits from Weaver and Baker setting forth whethere the requested materials were reduce to writing. If the materials have been reduced to writing, the affiant Weaver should clarify whether the document produced is the statement referenced in her March 5, 2003 letter, and the affiant Baker should identify whether the operational plan she prepared was produced in the materials provided to the Court for its in camera review. The Government agreed to produce these affidavits to the Defendant by October 31, 2003. (ljon) [Entry date 10/27/03]
10/28/03 62 Motion by Brett A Bursey {40 kb} to dismiss based upon selective prosecution (ljon) [Entry date 10/29/03]
10/31/03 63 Response by plaintiff USA to Discovery (ljon) [Entry date 11/03/03]
11/6/03 64 Motion by USA as to Brett A Bursey to quash {60 kb} (ahen) [Entry date 11/06/03]
11/7/03 65 Order as to Brett A Bursey granting [64-1] motion to quash {40 kb}. Motion Terminated. as to Brett A Bursey (1) (Signed by Magistrate Judge Bristow Marchant ) eod 11/7/03 (ljon) [Entry date 11/07/03]
11/7/03 66 Motion Hearing as to Brett A Bursey held before Magistrate Judge Bristow Marchant; Motion to quash subpoena granted. Court Reporter: Jack Clarke. (ljon) [Entry date 11/07/03]
11/12/03 Bench trial begun as to Brett A Bursey (1) count(s) 1 Terminated motions: motions will be addressed 11/13/03. (ljon) [Entry date 11/12/03]
11/12/03 67 Bench Trial as to Brett A Bursey held before Magistrate Judge Bristow Marchant; Exhibits entered: 9/pla; 6/dft, Exhibits returned to counsel: no, Witness list and exhibit list attached. Court is adjourned to 11/13/03 9:30 a.m. Court reporter: Gary Smith (ljon) [Entry date 11/12/03]
11/13/03 68 Transcript of an Excerpt of Non-Jury Trial as to Brett A Bursey {40 kb} for dates of November 12, 2003 before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: Gary Smith (ljon) [Entry date 11/13/03]
{By CJHjr: 68a Trial Transcript, Day-1 (below)}
11/13/03 Bench Trial Continued as to Brett A Bursey held before Magistrate Judge Bristow Marchant. Exhibits entered: 0/pla, 10/dft, , Exhibits returned to counsel: no, set brief due deadline for 11/21/03 for USA, and Response to brief due 12/5/03. Witness list and exhibit list {coming up} attached. Trial ends and after reviewing the briefs to be submitted there will be a decision in open court. Court reporter: Gary Smith (ljon) [Entry date 11/14/03]
{By CJHjr: 68c Trial Transcript, Day-2 (below)}
11/21/03 69 Government’s Brief on Constitutional Enforcement and Selective Prosecution {70 kb} by plaintiff USA (ljon) [Entry date 11/24/03]
12/9/03 70 Reply Brief on Constitutional Enforcement and Selective Prosecution {60 kb} by defendant Brett A Bursey to [69-1] brief (ljon) [Entry date 12/09/03]
12/10/03 71 Response by USA as to Brett A Bursey in opposition {55 kb} to [70-1] reply (ahen) [Entry date 12/11/03]
12/19/03 72 Notice of Hearing as to Brett A Bursey for Final Hearing 2:00 1/6/04 {coming up} (ljon) [Entry date 12/19/03]
1/6/04 73 Volume I Transcript of Bench Trial {475 kb} as to Brett A Bursey for dates of November 12, 2003–November 13, before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: Gary Smith (ljon) [Entry date 01/06/04]
1/6/04 74 Volume II Transcript of Bench Trial {525 kb} as to Brett A Bursey for dates of November 12, 2003–November 13, before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: Gary Smith (ljon) [Entry date 01/06/04]
1/6/04 Bench Trial Continued {85 kb, same as item 87 below} as to Brett A Bursey held before Magistrate Judge Bristow Marchant, Court Decision: 1/6/04 at 2:12pm, Exhibits returned to counsel: no, Court adjourned to: 2:50pm Court reporter: Courtsmart (ljon) [Entry date 01/06/04]
1/6/04 75 Bench Trial Decision (Order and Verdict) {75 kb} as to Brett A Bursey Guilty: Brett A Bursey (1) count(s) 1 (Signed by Magistrate Judge Bristow Marchant) eod 1/6/04 (ljon) [Entry date 01/06/04]
1/6/04 76 Sentencing held before Magistrate Judge Bristow Marchant Brett A Bursey (1) count(s) 1 Witness(es) no, Objections to Pre-Sentence Report: no, Motion for upward/downward departure: no, Court Reporter: Courtsmart (ljon) [Entry date 01/06/04]
1/9/04 77 Judgment Brett A Bursey (1) count(s) 1. Defendant shall pay a fine of $500.00 within 30 days of sentencing. Special Assessement of $10.00. (Signed by Magistrate Judge Bristow Marchant) (ljon) [Entry date 01/12/04]
1/9/04 Case closed as to Brett A Bursey (all defendants) (ljon) [Entry date 01/12/04]
1/13/04 79 Notice of Appeal by Brett A Bursey (1) count(s) 1 Filing Fee $32.00 Receipt # SCX300001862 (ljon) [Entry date 01/13/04]
1/14/04 Case assigned to Judge Cameron M. Currie on appeal from mag to dist. judge (cqui) [Entry date 01/14/04]
1/15/04 80 (duplicate) Notice of Intent to Appeal by Brett A Bursey as to Brett A Bursey (will) [Entry date 01/16/04]
1/28/04 81 Order as to Brett A Bursey set appellant’s brief due for 3/23/04 (Signed by Judge Cameron M. Currie ) (kbos) [Entry date 01/29/04]
2/2/04 Tele-conference as to Brett A Bursey held before Magistrate Judge Bristow Marchant; John Barton for USA, Lewis Pitts for Brett Bursey present. USA objects to defendant not paying fine until appeal is complete. The Court grants the defendants motion to stay payment of fine until appeal is complete. Court reporter: not recorded (ljon) [Entry date 02/02/04]
2/2/04 83 Order Staying Payment of Fine as to Brett A Bursey (Signed by Magistrate Judge Bristow Marchant ) eod 2/2/04 (ljon) [Entry date 02/02/04]
2/4/04 84 Transcript of Motion Hearing {50 kb} as to Brett A Bursey for dates of 6/24/03 before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: Jean Cole (fbos) [Entry date 02/04/04]
2/19/04 85 Transcript of Pretrial Conference {125 kb} as to Brett A Bursey for dates of 8/28/03 before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: Raymond D. Simmons (will) [Entry date 02/19/04]
2/20/04 86 Transcript of Arraignment {45 kb} as to Brett A Bursey for dates of 4/1/03 before Magistrate Judge Bristow Marchant held in Columbia SC Court Reporter: Vince Rolland (suro) [Entry date 02/20/04]
2/20/04 87 Transcript of Court’s Verdict {85 kb} as to Brett A Bursey for dates of 1/06/04 before Magistrate Judge Bristow Marchant held in Columbia, SC Court Reporter: ESR/Brunink Transcripts (will) [Entry date 02/20/04]
3/23/04 88 Order as to Brett A Bursey set brief due deadline for 4/13/04 for Brett A Bursey; response by Appellee due 60 days thereafter {June 14}; reply to response due 21 days after response filed {July 5} (Signed by Judge Cameron M. Currie ) eod 3/23/04 (will) [Entry date 03/23/04]
4/14/04 89 Brief by Brett A Bursey in Appeal {100 kb} of Magistrate Decision (will) [Entry date 04/14/04]
6/2/04 90 Order as to Brett A Bursey reset brief due deadline for 7/16/04 for USA (Signed by Judge Cameron M. Currie ) (will) [Entry date 06/03/04]
7/13/04 91 Appellee’s Brief by USA {100 kb} as to Brett A Bursey in opposition to [89-1] brief (will) [Entry date 07/14/04]
8/9/04 92 Reply Brief by Brett A Bursey {55 kb} (will) [Entry date 08/10/04]
8/17/04 93 Notice of Hearing as to Brett A Bursey, set oral arguments on appeal for 11:00 9/1/04 for Brett A Bursey before Judge Cameron M. Currie (will) [Entry date 08/17/04]
9/1/04 94 Oral Arguments on Appeal Hearing as to Brett A Bursey held before Judge Cameron M. Currie, Oral Order, Court Reporter: Geri; Court takes case under advisement, will issue an order within next two weeks (ydav) [Entry date 09/01/04]
9/14/04 95 Order {150 kb} as to Brett A Bursey denying [79-1] appeal as to Brett A Bursey (1); affirming the decision of the Magistrate Judge as set forth in an Order and Verdict entered January 6, 2004 (Signed by Judge Cameron M. Currie) eod 9/14/04 (will) [Entry date 09/14/04]
9/14/04 96 Judgment {together with preceding document} Brett A Bursey (1) count(s) 1. Defendant shall pay a fine of $500.00 within 30 days of sentencing. Special Assessment of $10.00. Appeal of Magistrate Judge Decision affirmed on 9/14/04 by The Honorable Cameron McGowan Currie, United States District Judge (will) [Entry date 09/14/04]
9/17/04 98 Order as to Brett A Bursey directing the Clerk of court to return all exhibits to the parties introducing them. It is further ordered that the parties are to maintain the exhibits intact as returned until the final resolution of any Appeal has expired. (Signed by Judge Cameron M. Currie) eod 9/17/04 (will) [Entry date 09/17/04]
9/24/04 99 Notice of Appeal by Brett A Bursey (1) count(s) 1 Filing Fee $ 255.00 Receipt # scx300005555 (asni) [Entry date 09/27/04]
9/27/04 Notice of appeal and certified copy of docket as to Brett A Bursey to USCA: [99-1] appeal (asni) [Entry date 09/27/04]
10/12/04 100 Receipt for Return of Exhibits by plaintiff USA (will) [Entry date 10/12/04]
10/12/04 Notice of Docketing ROA from USCA as to Brett A Bursey Re: [99-1] appeal, USCA Number: 04-4832 Richard Sewell (asni) [Entry date 10/13/04]
10/13/04 101 Receipt for Return of Exhibits by defendant Brett A Bursey (will) [Entry date 10/13/04]
10/15/04 102 Transcript of Oral Argument {full text to come} as to Brett A Bursey for dates of 9/1/04 before Judge Cameron M. Currie held in Columbia, SC Court Reporter: Kirkley (pbri) [Entry date 10/15/04]
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PACER Login: CJHjr Client Code: U.S. v. Bursey
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Deterring dissent

“ When Brett Bursey, director of the S.C. Progressive Network, was arrested for trespassing Thursday at Columbia Metropolitan Airport, he couldn’t help feeling a sense of déjà vu.

Thirty-three years earlier he had been arrested at almost exactly the same spot, protesting America’s war in Vietnam during President Nixon’s visit to Columbia.

This time around, it was a new president — George W. Bush — and a new issue — potential war with Iraq. But the results were more or less the same: Bursey was hauled off to jail.

After 26 hours at the Lexington County Detention Center, Bursey was released early Friday after posting a personal recognizance bond.

The bond means Bursey would have to pay the county magistrate’s office $300 if he doesn’t show up for his December court date.

Bursey, who was arrested on a public road, said he’ll insist on a jury trial.

“How can you trespass on public property?” he asked rhetorically.

Bursey, 54, said his arrest had nothing to do with security concerns, but was instead an attempt to silence his opposition to the president.

Along with three other protesters, Bursey was standing across the street from the Jimmy Doolittle hanger, where Bush addressed about 4,400 supporters.

Thursday’s protests were an impromptu prelude to two anti-war demonstrations this weekend — one in Washington, D.C., and another in front of the State House. Bursey’s Progressive Network, a coalition of groups working to promote social justice issues, is involved in the planning.

“We were across from 2,000 people who were waiting in line,” Bursey said. “They had signs supporting Lindsey Graham and Mark Sanford. And I had a sign saying, ‘No war for oil.’ The police didn’t have a problem with their signs.”

Officials with the Columbia Metropolitan Airport police, who arrested Bursey, couldn’t be reached for comment Friday.

However, Capt. John Allard of the Lexington County Sheriff’s Department said the problem wasn’t Bursey’s politics, but that he wasn’t in the designated “free speech area” for protesters.

“During a presidential visit, our duty is to enforce what the Secret Service wants to do in terms of security,” he said. “In this case, they set up an area for protesters.”

But Bursey said the designated area was a mile away — well out of view of the president.

“That’s not acceptable,” he said. “So I told the officers that I was already in a free speech zone — called the United States of America.”

Bursey said there were broader implications to his arrest.

“The Bush administration is using the Secret Service as an advance political team,” he said. “My problem really isn’t with the airport police. It’s hard to stand up to the Secret Service.”

Bursey’s not too concerned about a trial. His 1969 trespassing charge went all the way to the S.C. Supreme Court, where it was thrown out.

Still, Bursey said, there’s one person who, had he been there, could have defused the situation: Lexington County Sheriff James Metts.

According to Bursey, at the detention center on Friday, Metts told him, “If I was there this wouldn’t have happened. You had a right to be there.”

Metts told Allard that he wouldn’t comment on a personal conversation, but the captain confirmed the two men had a friendly chat.

Apparently, they had some catching up to do: The man who arrested Bursey 33 years ago was a young officer named James Metts.”

Paul Wachter, “War protester jailed again© The State, Columbia South Carolina, Oct. 26 2002

Chuck Crumbo, “Protestor’s arrest could result in lawsuit” (The State, Columbia South Carolina, Oct. 27 2002). “Local police said they were following directives from the Secret Service.”

“ No more war for oil. Don’t invade Iraq.”

Brett Bursey’s sign

Lora Hines, “Anti-war activist faces federal charges: U.S. attorney says Brett Bursey got too close to president at airport last year” (The State, Columbia South Carolina, March 8 2003). “I look forward to the federal court confirming that free speech is still an American right.”

Clif LeBlanc, “Airport police drop charge against protester: Brett Bursey had been arrested for trespassing during Bush visit” (The State, Columbia South Carolina, April 5 2003). “Airport Police Chief Randy Blackmon would not explain the decision. ... On March 7, federal prosecutors charged Bursey under a law that allows the U.S. Secret Service to restrict access to the president. If convicted, Bursey faces up to six months in prison and/or a $5,000 fine. The local trespass charge carried a maximum of 30 days or $440.”

Leslie Eaton, “A Flashback to the 60’s for an Antiwar Protester” (New York Times, April 27 2003) (copy, copy). “Finally, he said, an airport policeman told him he had to put down his sign (“No War for Oil”) or leave.”

John Leo, “Taking it off the streets” (U.S. News & World Report, May 12 2003, p.50).

“ There’s an enemy out there that hates America because of what we love. We love freedom. We love the fact that people can worship freely in America. We love our free press. We love every aspect of our freedom, and we’re not changing. We’re not backing down, and the enemy can’t stand that.”

George W. Bush, Jimmy Doolittle Hanger, Columbia S.C., Oct. 24 2002, 12:18-12:50 p.m. {26kb.txt, 55kb.pdf, 32kb.html, 181kb.html}


“ If we hate freedom, why didn’t we attack Sweden?”

Usama bin Laden (Aljazeera, Oct. 29 2004) {video, transcript, video, transcript}

Barney Frank (Democrat, Massachusetts), Letter to John Ashcroft (U.S. Attorney-General) from 11 Members of Congress (May 27 2003).

Anonymous, “In defence of elderly hippies: The Justice Department doesn’t seem to know when to stop” (The Economist, June 19 2003).

Matthew Rothschild, “Federal Case Against Bush Protester Delayed” (The Progressive, July 1 2003).

Jeffrey Collins (Associated Press), “Lawyer: Bush criminalizes criticism; Activist arrested for being in area restricted during president’s visit” (The Sun News, July 19 2003) “Pitts said a SLED agent gave a signed statement saying agents discussed that Bursey was planning to protest the president’s visit and asked one agent to make sure he was sent to an area a half-mile away from Bush. To bolster his argument, Pitts included parts of a transcript from a Michigan state trial where a college student was arrested for trespassing after he refused to put down a sign critical of Bush. In the transcript, a police captain said the Secret Service told him to move anyone protesting the president away from areas near where Bush would speak.”

Brett Bursey and others, interviewed by Adam Hochberg, in Melissa Block (host), “War Protester Case Raises Free Speech Questions” (National Public Radio, All Things Considered, July 25 2003). Transcript. Audio (4:04 minutes).


“ The statute under which Mr. Bursey’s been charged alleges, that he failed to vacate an area that had been cordoned off for a visit by the president of the United States. It is a content-neutral statute. And Mr. Bursey is charged not because of what he was doing but because of where he was doing it.”

Scott Schools, Assistant to J. Strom Thurmond Jr. (U.S. Attorney)
NPR, July 25 2003 {audio, transcript}

_______________

A fine piece of deceit:

“... an area that had been cordoned off ...”

My, my.

The area was not cordoned off.

And Congress obviously alleged nothing about Brett Bursey, and the events of October 24 2002, when they enacted the statute, in 1971.

And so, the NPR listeners could only infer the charges alleged this.

And that means, that U.S. Attorney J. Strom Thurmond Jr., and his assistant John Michael Barton, both had reason to believe it was true. (Which it wasn’t).

Because those two U.S. lawyers themselves violate the law — and are themselves subject to punishment by the Court — if they allege something in court papers they know to be untrue, or which they have neglected to reasonably investigate the truth of.

And so, Mr. Scott Schools simply lied, to the millions of NPR listeners.

Or was it a slip of the tongue? Or was he ignorant? About what he pretended to know? (A “reckless lie”). Or did he correctly report what he thought the charges claimed? And was he himself deceived? By the charges themselves? And by the lawyers who drafted them?

It was not “a posted, cordoned off and restricted area,” as Mr. Thurmond and Mr. Barton pretended, in their criminal Information.


“ [T]he Defendant correctly notes there were no barriers or other indicia of a boundary surrounding this area ...”

Bristow Marchant (U.S. Magistrate Judge), Order and Verdict, pp.6-7 (January 6 2004).

Charles Judson Harwood Jr.


“ They put the cuffs on me. Behind my back. In a paddy wagon. And they moved me behind the hanger where I could see Air Force One. That was really bizarre. Bush gets off the plane. And I can see the whole tableau through the bars in the paddy wagon. He goes inside the hanger and gives this speech where he says they hate us because we’re so free, and here I am handcuffed in the back of a paddy wagon, thinking, “No, Mr. Bush, they don’t hate us because we’re free. They hate us because we’re hypocrites.””

Brett Bursey, MetroBEAT

Chris Haire, “America is a Free Speech Zone: Brett Bursey goes up against the Bush administration over what Americans are allowed say” (MetroBEAT, Greenville South Carolina, Oct. 21 2003). “When it comes to public appearances by the president, only those with something nice to say get within earshot of Dubya. As for the dissenting rabble, well, they get shuffled off to so-called free speech zones, sometimes hundreds and hundreds of yards away from the president.”

Jacob Jordan (Associated Press), “Protester subpoenas top Bush officials for upcoming trial” (The State, Columbia South Carolina, Nov. 6 2003). “State Sen. Phil Leventis, D-Sumter and retired brigadier general in the U.S. Air Force, has volunteered to fly the Washington officials to Columbia in his seven-seat Cessna 421.”

Jacob Jordan (Associated Press), “Trial for Bush protester begins Wednesday” (The State, Columbia South Carolina, Nov. 11 2003). “Bursey said he knew he could not be charged with trespassing. He had been down that road before. In 1969, he was arrested at the same airport while protesting then-president Richard Nixon. He pleaded guilty to the charges, but later the state Supreme Court said the airport was public property and the arrest was improper. ... Bursey served two years in state prison for ... spray-painting “Hell no, we won’t go” on a Vietnam-era draft board. ... He said he spent six months in solitary confinement that changed his life.”

Dean Schabner, “Muffled Voices? Activists Say White House, Secret Service ‘Sanitize’ Free Speech” (ABCNews.com, Nov. 12 2003, a web-only report). Query: Has ABC News broadcast a report on protest zones, and does ABC report or comment on the demographic character of crowd scenes in the vicinity of President Bush, as ABC presumably did when showing crowd scenes in Baghdad during the Saddam regime?

Jacob Jordan (Associated Press), “Trial for Bush protester begins” (The State, Columbia South Carolina, Nov. 12 2003).

“ Virginia Sanders, who was standing with me at the time of the arrest, was crying. The fact that she was scared of her own government was the tipping point in my decision to take a stand for free speech.”

Brett Bursey, Nov. 14 2003

Clif LeBlanc, “Bush protester refused to move: Brett Bursey said he welcomed arrest at airport, witnesses testify in trial” (The State, Columbia South Carolina, Nov. 13 2003).

Jacob Jordan (Associated Press), “Protester’s trial ends; judge to rule next month” (The State, Columbia South Carolina, Nov. 13 2003).

Clif LeBlanc, “Antiwar activist says law on his side: Brett Bursey cites S.C. Supreme Court ruling, Constitution during emotional testimony” (The State, Columbia South Carolina, Nov. 14 2003). “Several witnesses for Bursey said they were ordered away from the hangar as soon as police saw signs like, “Bubbling crude, no blood for oil,” objecting to Bush’s plans to invade Iraq.”

“ The irony in the airport protest case is that Bursey wins either way. If he’s convicted, he becomes a martyr and Bush’s federal posse is made to look even sillier for pursuing this ridiculous ruse. If he’s acquitted, he’s vindicated and has instant credibility for standing up for free speech.”

Dan Huntley, Nov. 16 2003

Dan Huntley, “Case reminds us of our right to protest: Bush's safety comes 1st, but protesters, backers merit equal treatment” (Charlotte Observer, Charlotte North Carolina, Nov. 16 2003) {original}.

Eric Kenneth Ward, “A Federal Case: Brett Bursey Goes on Trial; Verdict to Come Later” (Free Times, Nov. 19 2003). “I do not have to have permission to express my rights as an American.”

Lee Cowan, “Silencing Voices of Dissent” (CBS Evening News with Dan Rather, Inside Story, Dec. 4 2003). “But that so-called ‘free speech zone’ wasn’t outside the hangar where the President Bush was speaking. It wasn’t across the street. Nor was it down the street. It was a half a mile away, where he couldn’t be seen by the president. That’s exactly Bursey’s point. ‘We are minimalized to the point of being invisible,’ says Bursey. ‘The invisibility of protest is something that’s new under the Bush administration.’”

Charlie Savage, “Post-9/11 limits on dissent claimed: Law enforcement cites terror threat” (Boston Globe, Dec. 14 2003). “‘They’re checking your driver’s license. They want to know your name, your Social Security number, how long you’ll be there, and what your intent is.’”

James Bovard, “Quarantining dissent: How the Secret Service protects Bush from free speech” (San Francisco Chronicle, Jan. 4 2004). “In a May terrorist advisory, the Homeland Security Department warned local law enforcement agencies to keep an eye on anyone who ‘expressed dislike of attitudes and decisions of the U.S. government.’ ... Mike van Winkle, the spokesman for the California Anti-Terrorism Information Center told the Oakland Tribune, ‘... if you have a protest group protesting a war where the cause that’s being fought against is international terrorism, you ... can almost argue that a protest against that is a terrorist act.’ ... One FBI internal newsletter [1976?] encouraged FBI agents to conduct more interviews with antiwar activists ‘for plenty of reasons, chief of which it will enhance the paranoia endemic in such circles and will further service to get the point across that there is an FBI agent behind every mailbox.’”

Clif LeBlanc, “Bush protester ordered to pay $500: Brett Bursey’s free speech defense fails to sway judge” (The State, Columbia South Carolina, Jan. 7 2004). “‘He is no hero for First Amendment free speech rights,’ Barton said after the ruling. ‘As shown by the judge’s verdict today, he’s a criminal.’”

“ What concerns me more is that George Bush may think the American people love him.”

Brett Bursey, Post and Courier

Clay Barbour, “Activist found guilty of entering restricted area around president” (The Post and Courier, Charleston South Carolina, Jan. 7 2004). “Bursey said on presidential visits, the Secret Service clears out huge ‘sanitized’ zones to make sure there are no camera shots of protestors with the president. ‘And that concerns me because people watching television all around the world think that all Americans love George Bush and his policies,’ Bursey said. ‘And what concerns me more is that George Bush may think the American people love him.’”

“ Bursey presented no evidence showing that any other person not attending the rally was allowed to remain in the restricted area or that other protesters received favorable treatment, Marchant wrote.”

Pamela Hamilton, Associated Press

Pamela Hamilton (Associated Press), “Protester fined for entering restricted area around President Bush” (The State, Columbia South Carolina, Jan. 7 2004). “Bursey presented no evidence showing that any other person not attending the rally was allowed to remain in the restricted area or that other protesters received favorable treatment, Marchant wrote.”

Clif LeBlanc, “Bush protester’s conviction sends message that federal government can quash protests: Critics say ruling threatens free speech” (The State, Columbia South Carolina, Jan. 11 2004). “Bursey contends his First Amendment rights were trampled because police would not tell him the boundaries of the restricted area. Bursey twice moved farther from the hangar where Bush spoke, but police insisted that protesters go only to the demonstration area, Bursey testified.”

J. Strom Thurmond Jr. (U.S. Attorney, Columbia South Carolina), “As court ruled, Bursey’s free speech not trampled” (The State, Columbia South Carolina, Jan. 13 2004). “... wild claims ... antics ... lawful orders ... broke the law ... imagined plight ...”

Brett Bursey, “Prosecuted for politics, not security” (The State, Columbia South Carolina, Jan. 31 2004).

“Mr. Thurmond said:

“He has even gone so far as to insist that the Secret Service conspired to violate his First Amendment free speech rights by trying to isolate him and other protesters at a remote location so the president would not be exposed to their unfavorable messages.”

I couldn’t have said it better.”

State v. Larry Hanapole and Terry Cobb, 255 S.C. 258, 178 S.E.2d 247 (S.C., No. 19142, Dec. 17 1970). Same airport, different President: Richard Millhouse Nixon, May 3 1969. “Cobb ... had a camera ... taking pictures... Hanapole carried a sign with the American flag painted thereon and in the white stripes of the flag, the word “kill” was written several times”. Sentence: Sixty days on the chain gang. Reversed. This protest occurred before Nixon felony-murdered Rene Schneider and after Nixon decided to deport/exile the Chagos Islanders, both prima facie international crimes. Nixon never served on a chain gang. State v. Hanapole

Weatherford v. Bursey, 429 U.S. 545 (No. 75-1510, Feb. 22 1977), reversing Bursey v. Weatherford, 528 F.2d 483 (4th Cir., No. 74-2242, Dec. 2 1975). “On July 27, 1970, Bursey was tried and convicted of the crime of malicious destruction of property. This charge arose out of an incident during the early morning hours of March 20, 1970, during which a brick was thrown through the window of the Richland County Selective Service office in Columbia, South Carolina, and red paint was sprayed and splattered on the outside and inside of the building. {“Hell no, we won't go”} Bursey was sentenced to 18 months in prison and served his time. ... Jack Weatherford, an informant employed by the South Carolina State Law Enforcement Division (SLED), participated in damaging the draft board property and then arranged his own and Bursey’s arrest. ... Weatherford ... an undercover agent on the University of South Carolina campus ....” 528 F.2d 483, 485.

W. Thomas Smith Jr., “Two Activists Were Worlds Apart 30 Years Ago: One went to Prison. The other to Vietnam.” (Free Times, May 31 2000).

“ What is an issue in Iraq today, existed in South Vietnam:

We’re alone.

If we can’t persuade other governments, with comparable interests and comparable values, the merit of our course, we have reason to consider we’re on the wrong course. And certainly we ought to reevaluate it.

If we had followed that policy with respect to Vietnam, we wouldn’t have been there.”

Robert S. McNamara (U.S. Secretary of Defense, Jan. 21 1961-1968 Feb. 29), interviewed by James Naughtie (BBC Radio 4, Today, Wednesday June 9 2004, 6-9am at 7:33-7:39 a.m.), audio {5:28, at 5:03}: “Former U.S Defence Secretary Robert McNamara reflects on the Ronald Reagan era.”

______________________

Query: What provoked 22-year-old Brett Bursey to spray paint “Hell No! We Won’t Go!” on the Draft Board office, in Columbia South Carolina, on March 20 1970?

During that National Anti-Draft Week (March 16-22 1970).

Was he duped and confused by pinko-liberal, neo-communist, long-haired hippie, anarchists? Who lied to him?

Was it violent crimes, human rights abuses, and oppression, by the U.S. Military, and CIA, and their succession of fascist, military, puppet, dictatorships?: Bertrand Russell Tribunal, My Lai, Phoenix Program, National Veterans Inquiry, Winter Soldiers Investigation, ad hoc hearings for Vietnam Veterans Against the War (House, Senate), Tiger Force.

Was it a criminal war-aim? Adopted in secret, in 1956. To prevent the people of Vietnam from electing the government of their choice, in 1956.

Was it criminal conspiracies of U.S. official criminal liars?

Was it the consensus of messengers? Worldwide hatred and condemnation of the United States? The alternative media? The slow-learning mainstream media?

Was it returning Vietnam Vets? Like Donald Duncan, “I Quit: The Whole Thing Was a Lie!” (Ramparts, February 1966), The New Legions (Random House, 1967).

Was it the example of others? Like Gary Rader, “Draft Resistance” (The New York Review of Books, Sept. 14 1967).

Was it massive public demonstrations?

Was it U.S. Congressional oversight hearings, in February and March 1970?

Was it the photo, of Nguyen Ngoc Loan (National Police Chief, South Vietnam) murdering a helpless prisoner, on the streets of Saigon (Eddie Adams, Associated Press, Saigon, Feb. 1 1968).

Was it Walter Cronkite? “We Are Mired in Stalemate{copy} (CBS News, “Report from Vietnam: Who, What, When, Where, Why?” February 27 1968): “The Vietcong did not win by a knockout. But neither did we. The referees of history may make it a draw.” (Cronkite reported the first prima facie criminal bombing by the U.S. Army Air Force in Europe, bombing blind through an undercast, presaging the subsequent prima facie criminal firebombing of 58 Japanese cities, prior to the prima facie criminal nuclear bombing of two others, carefully preserved intact for that experiment).

Was it the iron fist, of a corrupt government, coercing citizens, to participate, via the Draft, in this prima facie violent criminal enterprise?

Did he choke on the whole poisonous stew?

And then grab his standard. And plant it.

On the high ground?  CJHjr

______________________

“ The question, after any scarring episode in history, like Vietnam, is:

“What did you do in the war, daddy?”

That must be applied here. If you did not come to believe that the war was false, a moral catastrophe, then it was not a credit to your wisdom or character or maturity.

But if you did realize it, like most Americans, the next test is:

Then what did you do? Upon realizing that?”

And I will say that, certainly, the most creditable role for a citizen, at that point, is to do everything possible to stop it.

And the highest standard was set by the people who went to prison for nonviolent draft resistance.

And the other highest standard was set by the vets, who came home and put themselves on the line, by speaking out and marching against the war.

Vets like John Kerry set a standard for the whole country. I think this is Kerry’s strongest qualification to be a leader of this country.”

Daniel Ellsberg, interviewed by David Talbot, in “The Salon Interview: Daniel Ellsberg” (Salon.com, Feb. 19 2004)

“He changed history by copying the Pentagon Papers, the government’s secret history of the war, and releasing them to the press ... though he risked prison and ruin.”

Eric Lichtblau, “F.B.I. Scrutinizes Antiwar Rallies” (New York Times, Nov. 23 2003). “Tactics used during protests and demonstrations{111kb.pdf} (FBI Intelligence Bulletin no. 89, Oct. 15 2003): “No portion of this Bulletin should be released to the media”.

Dana Milbank, “Secret Service Not Coddling Hecklers” (Washington Post, Sept. 10 2004). “An agent, who did not give his name, told one journalist who was blocked from returning to the speech that this was punishment for approaching the demonstrators and that there was a ‘different set of rules’ for reporters who did not seek out the activists.”

Jonathan M. Katz, “Thou Dost Protest Too Much: An old law turns protesters into threats against the president” (Slate, Sept. 21 2004). “[H]undreds of protesters are being rounded up at presidential visits all over the country, making Bursey the 56-year-old canary in a demonstrators’ coal mine.”

G. Jeffrey MacDonald, “A close eye — and tight grip — on campaign protesters” (Christian Science Monitor, Sept. 27 2004). “President Bush was about to arrive at a rally. A couple wearing T-shirts {photo} with anti-Bush slogans were sitting just feet from the stage. Charleston, W. Va., police working with the US Secret Service had a quick decision to make.

What ensued that July 4 was either a prudent choice in high-risk times or a blatant violation of free-speech rights. Police arrested the two for wearing the T-shirts and refusing to relocate to an area for protesters.

The arrests of Jeff and Nicole Rank, along with the suit they filed earlier this month against the Secret Service, have become symbols of a defining feature of campaign 2004: security so tight that candidates seldom hear or see their critics in person. ...

The Charleston City Council apologized for the July 4 incident, since the Ranks had tickets, were on public property, and made no obstructive noise.”

Rank v. Jenkins: Jeffery Rank and Nicole Rank v. Gregory J. Jenkins (Deputy Assistant to the President of the United States and Director of the White House Office of Presidential Advance), W. Ralph Basham (Director of the United States Secret Service}, and John Does 1-2 and 3-4, filed Sept. 14 2004 (S.D.W.Va., No. 04-CV-997). See also American Civil Liberties Union (New York City), “Secret Service and White House Charged with Violating Free Speech Rights in ACLU Lawsuit” (September 14 2004).  CJHjr

 


Affidavits

U.S. President George W. Bush came back to town, on May 9 2003, to speak to the graduating class of the University of South Carolina.


“ Well, my, my. Mr. Bush is coming back to town. And, he’s about to thumb his nose at the Security Council and take us into war. Now what are we going to do about that noisy watchdog, Brett Bursey?”

Anonymous, March 1 2003

Gerald Rudolph, who had accompanied Brett Bursey at the airport on October 24 2002, filed a lawsuit, seeking an order from the U.S. federal district court that they be permitted to demonstrate peaceably at this event — and not in a distant out-of-sight protest zone — without a repeat of their previous mistreatment at the hands of the U.S. Secret Service, and their dutiful, obedient, confused muscle: the armed forces of the State of South Carolina.

As in other such cases, to induce the Judge to not issue the requested order — embarrassing, newsworthy, precedent-setting, and trend-making — the Secret Service assured the Judge that they would behave themselves, and conduct themselves, in the way Mr. Rudolph desired, and hence no formal order from the Judge would be necessary. (Commentary below).

Mr. Bursey did not make an appearance in this lawsuit. A trustworthy, vigilant, energetic, political watchdog, he has faithfully stood watch, this past 33 years. And barked, loud and long, each time he perceived a political threat approaching. Exactly as we wish our watchdogs to do. And if everybody doesn’t agree with his perception of danger, if most are uncertain, if others desire to profit from danger, then so be it. That’s normal. Everybody doesn’t agree on anything. He does his job, and they see it coming, whatever it may be:– Better safe with a noisy watchdog, than sorry in peace and quiet.

And if there be some who paid him no mind last time — but wish they had — well maybe next time they will.

I wonder if he made an appearance at Mr. Bush’s speech, two days later on May 9 2003. And barked. And I wonder if the iron fist of the criminal prosecution against him, filed two months previously, managed to terrorize him, and bludgeon him, into silence. I doubt it. Besides being trustworthy, vigilant, energetic, and faithful, he’s courageous.

Mr. Rudolph filed three sworn affidavits, in support of his motion for a preliminary injunction, which recounted events on October 24 2002, when Mr. Bursey was arrested. And each of these three witnesses also later testified at the Bursey trial, on day-2 (525kb.html). Here’s the full text of those three affidavits:

______________________


“ I noticed many persons allowed in the same area carrying Republican political signs.”

Virginia Sanders, May 7 2003

I, Virginia Sanders, being duly sworn, state:

The matters stated by me herein are known by me to true unless stated upon information and belief, and, as to those matters, I believe them to be true.

1.  On October 24, 2002, I went to the Columbia Metropolitan Airport at a time when the President of the United States was to appear.

2.  I had with me signs on poster board which stated opposition to policies of the President.

3.  As I arrived in the vicinity of the Doolittle hanger where the President was to speak, I was told by airport police and a Lexington Sheriff’s Deputy acting under the direct supervision of Secret Service agents that I could not be in the area to express opposition to the President’s policies. I was told that if I wanted to display my signs, I would have to go to a “free speech zone” away from the President.

4.  At the time I was told that I needed to leave the area, I noticed many persons allowed in the same area carrying Republican political signs.

5.  It is my intention to be at the Carolina Center in Columbia on May 9, 2003 at the time {p.2} of the appearance of the President of the United States before the graduating class of the University of South Carolina. My purpose in appearing will be to protest policies of the President.

6.  It is my belief that my communication of my views will be effective only if it takes place in the vicinity of the President and his audience. It is my belief that my ability to communicate will be burdened and diminished if the Secret Service acts again as it did on October 24, 2002.

7.  It is my belief that the Secret Service has made judgments about which citizens may exercise free speech rights in a particular location based on the content of the message the citizen wishes to communicate. It is my belief that the actions of the Secret Service on October 24, 2002 indicated that citizens were being directed away from the vicinity of the President if their efforts to communicate their views were inconsistent with the support of the President or his political party.

Further affiant sayeth not.

{Signature}

Virginia Saunders {sic: Sanders}

Sworn to before me this 7th day of May, 2003

{Embossed Notary Seal not visible on the PDF copy}

{Signature: illegible} (L.S.)

Notary Public for South Carolina

My Commission Expires: 6/24/2009

______________________


“ The Secret Service agent told me, “You will be making that call from a cell.””

Harry Rogers, May 7 2003

Effective technique number 1: Threat of arrestCJHjr:

“ I left ... I have a clearance where I work ... and security is a grave concern at any nuclear plant ... I drove home ... the back way.”

Harry Rogers, trial transcript, p.2-142 (525 kb html)

I, Harry Rogers, being duly sworn, state:

The matters stated by me herein are known by me to true unless stated upon information and belief, and, as to those matters, I believe them to be true.

1.  I am citizen of the United States residing in the State of South Carolina.

2.  I am an Air Force veteran having served in Vietnam.

3.  On October 24, 2002, I was at the Columbia Metropolitan Airport for the purpose of protesting the Bush administration’s policies with respect to Iraq.

4.  I was on a public right-of-way on a street which I believe to be named “Aviation Way.” I was in the vicinity of the Doolittle Aviation Facility.

5.  I was told by a Secret Service agent that if I did not leave the area, I would be arrested. I told the agent it was my desire to use my cell phone to contact an attorney to inquire of the legality of my being barred from public property simply because I was opposed to the policies of the President. The Secret Service agent told me, “You will be making that call from a cell.”

6.  At the time I was being threatened with arrest because I wanted to protest the policies of the President, I observed in the same vicinity many persons carrying signs endorsing Republican {p.2} political candidates. The Secret Service made no effort to remove these persons or their signs.

7.  I was told by the Secret Service that if I wanted to protest the President’s policies, I would need to go to a remote area designated by the Secret Service as a “free speech zone.” When I asked where this “free speech zone” was, I was given conflicting information about its location by Secret Service agents and local law enforcement personnel.

8.  I intend to be present in the vicinity of Carolina Center on May 9, 2003 when the President is to address the graduating class of the University of South Carolina. It is my intention to be in the vicinity of the President to express my views on core political issues facing the United States.

9.  It is my belief that my expression of views can be effective only if it is done in proximity to the President and his audience. It is my belief that my ability to express my views is burdened and diminished if I am required, based on the content of my speech, to be at a location remote from the President. It is my belief that I will have no meaningful opportunity to communicate my views to the President if I am prohibited from being in his vicinity based on the content of my message as occurred at the direction of the Secret Service on October 24, 2002.

Further affiant sayeth not.

{Signature}

Harry Rogers

Sworn to before me this 7th day of May, 2003

{Embossed Notary Seal not visible on the PDF copy}

{Signature: illegible} (L.S.)

Notary Public for South Carolina

My Commission Expires: 06-07-06

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“ Citizens have very few occasions to directly comm