Time: Sun Aug 17 14:28:11 1997
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	for [address in tool bar]; Sun, 17 Aug 1997 12:50:55 -0700 (MST)
Date: Sun, 17 Aug 1997 15:59:00 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in toolbar]
Subject: SLS: Hawks v. County of Butte (attacks judicial immunity)

Dear Friends,

I have just finished editing the 
OPENING BRIEF by Dixianne Hawks
to the Ninth Circuit Court of 
Appeals.  I worked on this case
for about 4 months.  It makes for
some very stirring reading in
places.

There is another file set to follow --
the failed Petition to the U.S. 
Supreme Court for a Writ of Mandamus
to the Ninth Circuit.

I am almost through with the editing.

Yea team!


/s/ Paul Mitchell
http://www.supremelaw.com

p.s.  My .ASC suffix means ASCII with
line breaks at the end of each line.
Attached .ASC file is encoded in BinHex.

Attachment Converted: "I:\ATTACH\APPEAL9C.ASC"


========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email:   [address in toolbar]        : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com   : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this

As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]From ???@??? Sun Aug 17 14:45:05 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id OAA08536;
	Sun, 17 Aug 1997 14:37:04 -0700 (MST)
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	Sun, 17 Aug 1997 14:34:26 -0700 (MST)
Date: Sun, 17 Aug 1997 14:33:04 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Hawks v. County of Butte (attacks judicial immunity)

>Date: Sun, 17 Aug 1997 15:59:00 -0700
>To: (Recipient list suppressed)
>From: Paul Andrew Mitchell [address in toolbar]
>Subject: SLS: Hawks v. County of Butte (attacks judicial immunity)
>
>Dear Friends,
>
>I have just finished editing the 
>OPENING BRIEF by Dixianne Hawks
>to the Ninth Circuit Court of 
>Appeals.  I worked on this case
>for about 4 months.  It makes for
>some very stirring reading in
>places.
>
>There is another file set to follow --
>the failed Petition to the U.S. 
>Supreme Court for a Writ of Mandamus
>to the Ninth Circuit.
>
>/s/ Paul Mitchell
>http://www.supremelaw.com
>
>p.s.  My .ASC suffix means ASCII with
>line breaks at the end of each line.
>Attached .ASC file is encoded in BinHex.

Attachment Converted: "I:\ATTACH\APPEAL91.ASC"


========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com   : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this

As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]From ???@??? Sun Aug 17 14:45:34 1997
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	Sun, 17 Aug 1997 14:40:12 -0700 (MST)
Date: Sun, 17 Aug 1997 14:38:57 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: SAFAN NO. 621. Justice Dept. Closes Probe of Ruby Ridge
  (fwd)
Content-Transfer-Encoding: 8bit

<snip>
>                     
>JUSTICE DEPT. CLOSES PROBE OF RUBY RIDGE:
>Evidence Found to be "Insufficient" to Charge FBI Officials 
>Involved in '92 Siege
>
>by George Lardner Jr., Washington Post Staff Writer
>    Saturday, August 16, 1997; Page A08 The Washington Post
>
>[Posted by Carl Klang (carl@klang.com) 
>
>See SAFAN 622 - "Ballad of Randy Weaver" ...NO!!!   We will NOT forget!!!
>
>The Justice Department said yesterday it has failed to find sufficient 
>evidence to support further prosecutions of FBI officials for the fatal 1992 
>siege at Ruby Ridge, Idaho, or for a subsequent coverup of the bureau's 
>mistakes in the mountainside standoff.
> 
>Closing down what it called an "exhaustive" two-year criminal investi-
>gation, the department announced in a statement that disciplinary 
>actions against four high FBI officials and perhaps others unnamed still 
>were possible, but it shut the door on any indictments.  "While the
>prosecutors conducted a thorough, nationwide investigation,"  the
>department's statement said, "the evidence was insufficient to warrant 
>a criminal prosecution."
> 
>The eight-page announcement was worded cautiously and markedly 
>mild in comparison with a 1995 Senate report on the tragedy, and even 
>with pronouncements by FBI Director Louis J. Freeh, who called the 
>bureau's performance during and after the standoff "terribly flawed."
> 
>On Capitol Hill, there were immediate expressions of dissatisfaction with 
>the Justice Department announcement and quick calls for an oversight hearing
>to review the matter.
> 
>"We had our [Ruby Ridge] hearings two years ago," said Sen. Arlen 
>Specter (R-Pa.), who directed the congressional probe. "This is no way 
>to run the Justice Department. You've really got to wonder what's going 
>on over there."
> 
>Gerry Spence, the lawyer who successfully defended Randy Weaver, 
>the white separatist [!!!] who was the target of the Idaho siege, was 
>harsher in his assessment.  "All people, law enforcement or citizens, are
>bound by the same rules,  unless, of course, you are a federal official,"
>Spence said in a statement. "Then you can kill at will? Kill at random? 
>. . . Who will protect us? Who can cage the beast?"
> 
>During the siege, which began five years ago this month, an FBI sniper, 
>Lon Horiuchi, killed Weaver's wife, Vicki, while she was holding her 
>baby daughter at the doorway of their cabin in northern Idaho. Horiuchi 
>said he did not see Vicki Weaver, and said he was aiming at a Weaver 
>family friend, Kevin Harris. FBI snipers at Ruby Ridge were acting under 
>unprecedented, shoot-to-kill "rules of engagement" covering any adult 
>male seen in the vicinity of the Weaver cabin.
>
>The Justice Department's criminal investigation began three years 
>after the siege and was spurred by lengthy administrative probes that  
>indicated at least one high-ranking FBI official, E. Michael Kahoe, had 
>taken part in a coverup by destroying an internal critique that might 
>have altered the official account of what happened at Ruby Ridge.
> 
>Freeh suspended Kahoe and the FBI's deputy director, Larry Potts, 
>along with several other FBI headquarters officials, including Danny 
>Coulson, then-deputy assistant director for the criminal division, and 
>Gale Richard Evans, a chief of the violent crimes unit under Kahoe.
> 
>All had been in the chain of command when the Ruby Ridge crisis 
>started Aug. 21, 1992, with a gunfight involving federal marshals about 
>half a mile below Weaver's cabin. A federal marshal, William Degan, 
>and Weaver's 14-year-old son, Sammy, were killed in the shootout.
> 
>While the FBI officials suspended by Freeh remained on paid adminis-
>trative leave, U.S. Attorney Michael R. Stiles of Philadelphia was 
>assigned to conduct the criminal probe of a possible FBI coverup. 
>Stiles was the main author of yesterday's Justice Department statement
>released in Washington.
> 
>Stiles said he and his team, which included Postal Service inspectors 
>and FBI agents, "examined events both during and after the [Ruby 
>Ridge] crisis to determine whether there was evidence sufficient to 
>support the criminal prosecution of any federal law enforcement 
>officers."   He said "the available evidence" would not justify charges 
>against anyone but Kahoe, who pleaded guilty last October to 
>obstructing justice by destroying an "after-action" report on the 1992 
>siege and ordering Evans to wipe out all traces of it.  Kahoe is scheduled 
>to be sentenced Sept. 11.
> 
>Stiles recommended against prosecuting Evans because of his 
>"significant cooperation, from the outset of this investigation; the nature 
>of his subordinate role in the criminal conduct; and the availability of
>administrative sanctions."
> 
>Potts and Coulson had been suspected of having known about and 
>approved the rules of engagement that told the FBI snipers they can and 
>should" use deadly force. But Stiles said "a successful prosecution of 
>Potts or Coulson would have necessitated proof beyond a reasonable 
>doubt that they knew of or approved the specific word "should."
> 
>"Despite intensive efforts, the investigation did not uncover that proof," 
>the Justice Department said. "There was also insufficient evidence to 
>prove other criminal violations by Potts or Coulson relating to either the 
>shooting or its aftermath."
> 
>On the question of whether any federal law enforcement officers at Ruby 
>Ridge, in particular sniper Horiuchi, could be prosecuted for civil rights 
>violations, Stiles said, "the critical element of willfulness . . . cannot be
>
>established beyond a reasonable doubt."
> 
>Horiuchi's shots "were within the guidelines set forth by his superiors in 
>the controversial rules of engagement," Stiles said.  "There was also no 
>evidence from which it could be concluded beyond a reasonable doubt 
>that Horiuchi actually saw Vicki Weaver at the time he fired the shot that 
>killed her."
> 
>One witness at a 1995 reenactment of the shooting by Stiles's team said 
>he looked through Horiuchi's rifle scope and could see through the 
>curtained windows of the doorway clearly, even spotting a wedding ring 
>of an investigator standing where Vicki Weaver stood.
> 
>In a telephone interview yesterday, Stiles said such observations were 
>not probative enough. "We don't have evidence that could convince a 
>court beyond a reasonable doubt," he said.
> 
>Stiles also wrote there was "substantial evidence" FBI officials on the 
>scene at Ruby Ridge had "the actual, although not completely accurate 
>belief, that Randall Weaver and Kevin Harris posed a severe threat to 
>law enforcement officers requiring the use of deadly force."
>
>The mild remark about the "not completely accurate" view of Weaver's 
>supposed dangerousness contrasted sharply with Freeh's 1995 testimony 
>that "one misstatement of fact [about Weaver] exaggerated to another 
>one, into a huge pile of information that was just dead wrong."
> 
>The Justice Department statement yesterday dealt only briefly with the 
>gunfight involving the federal marshals. Most members of the federal 
>jury that acquitted Weaver and Harris of murder charges stemming from 
>Degan's death were convinced that the government was the culprit and 
>that the marshals fired first, killing the Weavers' dog and provoking the 
>gun battle.
> 
>Stiles said "it could not be conclusively determined" who fired the first 
>shot, but no matter who did, "there is no basis for a prosecution of U.S. 
>marshals for their conduct relating to Ruby Ridge."
> 
>Asked who killed Sammy Weaver, who was shot in the back -- a matter 
>not covered in yesterday's announcement -- Stiles said, "That's not 
>something I can comment on."
> 
>Five separate reports, the thickest being a 92-page rundown on Potts 
>and Coulson, were sent to Attorney General Janet Reno and will be 
>submitted to the Justice Department's Office of Professional 
>Responsibility for possible administrative sanctions.
> 
>Specter complained that the reports will not be available to Senate 
>investigators until OPR finishes its work. He said he has "little  
>confidence" in OPR.
> ęCopyright 1997 The Washington Post Company
>_______________________________________________
>    WashingtonPost.com
>    [ISMAP]-Navigation image map [INLINE] [LINK]
>-- 
>Carl Klang, Music  http://www.klang.com
>New Release from Carl Klang "The News Behind The News" 
>Check it out! http://www.klang.com/newsbehindnew.html
>
>                                            \\\\|////
>      	                                ( o  o )
>      	                    --oO0o------U------oO0o---
>     "Resistance to tyrants is obedience to God."  Thomas Jefferson
>   +++++++++++++++++++++++++++++++++++++++++++++++++++++++
>      SAFAN %Dot Bibee  (SafanNews@aol.com)  Ph/FAX (423) 577-7011
>        SAFAN Internet Newsletters are archived on http://feustel.mixi.net 
>                          and http://members.aol.com/Safan1  
>              Index of Newsletters are available upon Request
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>
>
>
>

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com   : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this

As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]

      


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