Time: Sat Oct 11 12:00:40 1997
by primenet.com (8.8.5/8.8.5) with ESMTP id MAA08465;
Sat, 11 Oct 1997 12:00:36 -0700 (MST)
by usr05.primenet.com (8.8.5/8.8.5) with SMTP id LAA02681;
Sat, 11 Oct 1997 11:56:37 -0700 (MST)
Date: Sat, 11 Oct 1997 11:55:51 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: "A Profusion of Confusion," by Dale Robertson (fwd)
Dear Clients and Friends,
As you may already know, Dale Robertson
is one of the most respected Habeas Corpus
practitioners in the nation. I have had
the very good fortune of working with him,
very closely in the case of State v. Kemp,
soon to be loaded in the Supreme Law Library.
In what follows, Dale "cuts loose" on two
cases which he has been following. Please
treat yourself to Dale's typically brilliant
insights into the fate of Americans under
a tyrannical, and demonstrably corrupt,
judicial system, now plaguing all of Us.
/s/ Paul Mitchell
http://supremelaw.com
copy: Supreme Law School
>From: "Dale Robertson" <habeascorpus@hotmail.com>
>To: pmitch@primenet.com
>Subject: Re: 9th Circuit
>Date: Sat, 11 Oct 1997 11:45:00 PDT
>
>Paul:
>
>Your ask:
>p.s. May I forward your learned essay to all
>clients of the Supreme Law School?
>
>You may & thank you!
>
>Dale Robertson
[essay now follows]
From: "Dale Robertson" <habeascorpus@hotmail.com>
Subject: SUSAN MCDOUGAL & RUSSELL BINGMAN
Date: Sat, 11 Oct 1997 01:30:01 PDT
Ex parte Russell Robert Bingman, Proposed
An Update - A Profusion of Confusion
It is now 02:06 AM on Saturday 11 Oct 97, and I have just finished
watching the evening rerun of the one hour Larry King interview of Susan
McDougal at the Metropolitan Detention Center in Los Angeles. Susan
McDougal was accompanied by her attorney Mark Garragus who has taken her
case pro bono. In summary of the interview, Susan McDougal glows with
principle exuding from the pores of her personality. A strength of
conviction grounded in simple principle which is truly beyond any hope
of compromise by any device of treachery devised by Special Prostitutor
Kenneth Starr who reportedly has offered her freedom in exchange for her
perjured testimony against Bill Clinton. Her declared position is simply
that its wrong and I won’t do it. So - - she languishes in jail and
awaits much further punishment simply as a shining beacon to the beauty
of truth and principle prevailing over the depravity of those into
whose power she has fallen.
I have learned much from this interview. First I learned a bit about the
person Susan McDougal. I have learned that she is there for contempt for
refusing to testify before the Grand Jury. I have learned that Special
Prostitutor Kenneth Starr will apparently stop at nothing to achieve
his goal of obtaining even tainted and illicit evidence against Bill
Clinton and in the Watergate matter in general. Maybe Bill Clinton
deserves it; Maybe Hilarious Clinton deserves no less - - but - - Susan
McDougal isn’t playing Kenneth Starr’s game and he’s not happy about
that. So be it. Susan McDougal is weathering her personal crises in good
form.
I also learned that the Sheriff of Los Angeles has refused to obey a
judges order that she be released on recognizance due to the extreme
conditions which are being imposed on Susan McDougal during the course
of her stay in jail. And if your wondering, it is on this point that
there is the relevance of this message to the Bingman case.
During the course of the interview, not once during the one hour
interview did I hear any mention of the Writ of Habeas Corpus. Of course
the Writ of habeas corpus has the ability to force the executive branch
(ie: the sheriff) to demonstrate the propriety of the present restraint
on Susan McDougal’s liberty and to force it to be done in a court of
law. However, resultant from some undisclosed hearing, a California
judge in Los Angeles County ordered the release of Susan McDougal and
the order was specifically disobeyed by the local Sheriff. To me this is
an astonishing revelation to have been made on national television - not
that it isn't true because it is true - but simply because it was made
on national television during a program which is watched by millions of
folks around the country and even the world. Larry King enjoys a huge
following! Why is not the Sheriff in judicial hot water? Why is he not
in contempt and in jail. Why is the sheriff not charged with obstruction
of justice. It says a lot about the judicial system in California and
it confirms what Russell Bingman has been saying all along and what
several other have reported to us prior to Russell’s writings on that
despicable subject. It seems that in Los Angeles county, it is the
Sheriff who is the last word on liberty and that the judiciary has been
suspended or at least placed in a position of subordination to the
Executive Branch, ie: the Sheriff of Los Angeles County. Of course, the
implication to be drawn from all of this is that the same perversion is
true throughout all of California. I believed it before, now we have an
actual case in point to bolster the claim which make a powerful
statement. And no ordinary case it is. I believe that the Susan McDougal
case will have profound implications for years to come - it can properly
be seem as the personification of a miscarriage of justice. Where the
very power reposed in the instruments of government which are calculated
and designed to protect us all are being used to pervert the very
foundations of justice and to achieve an illicit result by threats and
deprivation of liberty on arguably innocent individuals.
The real question here is where is the judicial review via the Most
Extraordinary Writ of Habeas Corpus????? Why has not her attorney forced
the issue. Is he working for her or someone else while enjoying the
disquis as working for her pro bono?
My only remaining reservation in all this is that I cannot understand
that if Susan McDougal has nothing injurious or illicit to hide then why
is she remaining silent. And if she chooses to remain silent the more
profound question is why is she not exercising her fifth amendment right
against self incrimination which is an absolute bar to prosecution or
punishment for an exercise of protective silence - - except in the case
where immunity from prosecution is properly imposed by the government on
the witness who like McDougal suffers contempt of the grand jury in the
face of her stone silence as opposed to her imposition of a
constitutional objection inserted between the propounded questions and
the judicially compelled would be answers. This remains a question in
my mind - but may well be explained in light of evidence and facts which
time and circumstance could not be aired on national television. I will
for the moment give her the benefit of any present doubt.
Back to the Bingman case. I am seemingly hopelessly perplexed by the
milieu which confronts me in this case. I am now convinced that under no
circumstance do I have any intention of filing any writ in the State of
California or in the Federal Courts within the State of California. This
interview, coupled with the events described above and in light of the
seemingly defiant posture of the United States Court of Appeals for the
9th Circuit in its disobedience of the rule of law as established by the
supreme court (I seem to recall that the 9th circuit court was reversed
26 out of the last 27 cases which have been reviewed by the United
States Supreme Court on errors of law) leaves me with no doubt that any
effort of habeas corpus in California is a complete fruitless waste of
time.
Now that leaves some other states. And as has recently been suggested
Houston is not the place - unless it can properly be represented that
Russell Bingman is located within that jurisdiction. I cannot at this
time say that - so Houston is out. While I don't know where Russell
Bingman is - and I don't want to know where he is - seemingly and
paradoxically I must know if I am to be capable of filing a proper writ
so as to invoke the proper jurisdiction of a some court in the United
States.
Some other jurisdiction is possible. But, or I dare say: * * B U T * *
this case has presented me with circumstances which are unprecedented in
the full sweep of habeas corpus history to my knowledge and practice. I
am confronted with a set of circumstances which are so steeped in
perplexity that they seem defiant of a solution. I am endlessly
frustrated - - to say the least. I am continuing to regret that day in
which Russell Bingman left the Parole Office in California and did not
return as was there expected. That day has made this case infinitely
more complex that it was or could have been under almost any other set
of conditions that my mind presently has the ability to conjure.
However, that call was made by Russell under the circumstances that he
saw and perceived at the time and in that place - - and I cannot place
myself in a position of second guessing the wisdom of that decision - I
am left to just deal with the facts as they are presented to me in this
case - I wasn’t there and it’s his liberty is at stake - not mine. Its
was, and is, his call.
However, I am left with a wake of complexity as far as habeas corpus
goes which is 1) without historical parallel and 2) with a complexity
and confusion which is seemingly beyond resolve. While I am painfully
aware that there is a very real individual named Russell Bingman who is
now wrongly a hunted man, and while I am as a compassionate human being
wounded that his family and friends are without his company, I am
required by the circumstances and my role in this task to continue my
objective and sterile academic approach, analysis and potential solution
of the case while I continue at the same time my search for some real
world practical solution. So far - the perplexed milieu has seemingly
won the day!
I am left without a foundation of jurisdiction, state or federal, on
which to exercise the writ and on which it’s exercise must inexorably be
grounded. And I seriously question the wisdom of claiming a foundation
of jurisdiction predicated on newspaper accounts that Russell Bingman
might be in a particular area (ie: Tucumcari, NM) simply because the
newspapers report that the Federals are looking for him there.
So it is in the face of this profusion of confusion that I now remain
quite perplexed and frustrated for the present.
Constitutionally,
Dale Robertson
\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\
"We do well to bear in mind the extraordinary prestige of
the great writ, Habeas Corpus ad Subjiciendum in Anglo-
American jurisprudence: "The most Celebrated writ in the
English Law." 3 Blackstone Commentaries 129. It is "a writ
antecedent to statute, and throwing its root deep into the
genius of our common law.... it is perhaps the most
important writ known to the constitutional law of england,
affording as it does a swift and imperative remedy in all
cases of illegal restraint or confinement. It is of
immemorial antiquity... ."
"It's root principle is that in a civilized society,
government must always be accountable to the judiciary for
a man's imprisonment: If the imprisonment connot be shown
to conform with the fundamental requirements of law, the
individual is entitled to his immediate release."
Fay v. Noia, 372 US 391 (1963)
\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\
Dale Robertson
habeascorpus@hotmail.com
______________________________________________________
Get Your Private, Free Email at http://www.hotmail.com
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06
Tucson, Arizona state : state zone, not the federal zone 07
Postal Zone 85719/tdc : USPS delays first class w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
[This text formatted on-screen in Courier 11, non-proportional spacing.] 13
Return to Table of Contents for
Supreme Law School: E-mail