TSPN attorneys...serious question to ponder

[J-State Tiger]

Re: Re: Re: Re: Re: FIRST MOTION TO QUASH "CONFESSION"

Originally posted by Seeing Spots


At the point of detainment, certain rights attach to all citizens of these United States of America. The Supreme Court was clear in its decision in Miranda v. Arizona when, in its dicta, it contemplated at what point an individual was under arrest. Surely our client percieved the prosecutorial and police action towards him as a direct violation of his liberty. At the moment they detained him he should have been advised of the reason(s) for such deprivation of liberty, with a clear statement that he was under arrest and FACING charges and then advised of his rights, including that of the right to counsel. The 6th amendment was viable to our client in that situation, albeit thousands of miles away from the natural boundary of this country.

The exigencies of the circumstances that esteemed counsel speaks of did not exist. There was ample time to secure our client, transport him, and NOT question him.

Judge How much longer will you entertain this grandstanding and smoke and mirrors by the defense? Surely learned counsel does not suggest that dicta in in the Miranda case is the law of the land. Clearly it is not. Your honor a case on point is Korematsu v. United States 321 U.S. 760. in that case the court rules that because of the exigencies of Pearl Harbor and the outbreak of WW2, The Government and US Military were justified in excluding american citizens of Japanese Desent from the West coast of this country. The Court Reasoned that "There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short." (emphasis added)

The same holds true here. America was attacked by a dastardly and cowardly surprise attack, We Are facing a global war to preserve our very way of life. the government was justified then and was justified now.

 

[Robber]

Re: Re: Re: Re: Re: Re: FIRST MOTION TO QUASH "CONFESSION"

Originally posted by J-State Tiger
Judge How much longer will you entertain this grandstanding and smoke and mirrors by the defense? Surely learned counsel does not suggest that dicta in in the Miranda case is the law of the land. Clearly it is not. Your honor a case on point is Korematsu v. United States 321 U.S. 760. in that case the court rules that because of the exigencies of Pearl Harbor and the outbreak of WW2, The Government and US Military were justified in excluding american citizens of Japanese Desent from the West coast of this country. The Court Reasoned that "There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short." (emphasis added)

The same holds true here. America was attacked by a dastardly and cowardly surprise attack, We Are facing a global war to preserve our very way of life. the government was justified then and was justified now.

Your Honor, with all due respect to my esteemed counsel opposite, Korematsu (what's up with the bluebooking, JST??? I know UF taught you betta) is hardly applicable to the case at bar. This case doesn't deal with a denial of Mr. Lindh's ability to travel about the country. We're dealing with the gov'ts refusal to provide him with an attorney, and then coercing a confession from him after he was refused an attorney as constitutionally required. In Korematsu I doubt that any of the Asians detained confessed to any crimes after requesting counsel, and that confession was sought to be used against them at a trial. I doubt that any of the Asians were tried for anything, let alone confessed to something. Circumstances may have been exigent enough to allow for detainment for preventive purposes, but that case does not touch on the facts of this case.

The gov't is grasping at straws with it's arguments. They are taking a shot in the dark in hopes that something will hit a target somewhere. Throw out the confession.

 

[Seeing Spots]

Re: FIRST MOTION TO QUASH "CONFESSION"

Originally posted by J-State Tiger
Judge How much longer will you entertain this grandstanding and smoke and mirrors by the defense? Surely learned counsel does not suggest that dicta in in the Miranda case is the law of the land. Clearly it is not. Your honor a case on point is Korematsu v. United States 321 U.S. 760. in that case the court rules that because of the exigencies of Pearl Harbor and the outbreak of WW2, The Government and US Military were justified in excluding american citizens of Japanese Desent from the West coast of this country. The Court Reasoned that "There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short." (emphasis added)

The same holds true here. America was attacked by a dastardly and cowardly surprise attack, We Are facing a global war to preserve our very way of life. the government was justified then and was justified now.

GRANDSTANDING, GRANDSTANDING...?????????????

Your honor, instead of being subjected to this obvious abuse of the Court's time, perhaps we should just have the clerk mark counsel as Prosecutor Exhibit 1 and enter HIM into the record. His endless whining does not change the truth of the matter and he will have ample opportunity at TRIAL to TRY his case.

Hey JST, wants some cheese with that WHINE!

 

[Seeing Spots]

Let's settle who the judge is...

SOG: Re-read the call to action! I asked you to be the judge.

Okay SOG are you willing to be judge? The Government and the Defense have both found you acceptable. If yes, read all the motions and rule on the issue of whether the confession/statements made by Lindh should be thrown out and also if the case should be transferred from New York to TSPN.


Mighty Horny uh Hornet YOU HAVE BEEN RECUSED!

 

[Lewis]

My point exactly!!! Why cant this guy be tried for murder and put to sleep
like the Oklahoma Bomber? This country never cease to amaze me.

I am just a shade tree lawyer but to try him for murder, you would have to prove he killed someone. Can we prove that? Maybe all his shots missed. IMHO, he ain't no citizen, if he was fighting with them, what more do we need? A letter from bin ladin saying johnnie ain't with yall no more. He said he was a Muslim, do you think he sent a letter to his church back home also. Did he pay his taxes last year??? What does it take to not be a citizen?? I think when you join some other country's army, that enough right there. His arse should be in cuba with his boys.

 

[mighty hornet]

Judgemh walks into the courtroom

A gasp goes up from the attorneys and the onlookers who thought mh had been recused

mh: Order in the courtroom!! Order in the courtroom!!!


Late last night, it came to the court's attention that Judge Same Ole G is one of the leaders of a clandestine organization known as the Cartel. (Loud gasp from the courtroom). He has now been demoted to juror. (Judge mh looks over at a shameful looking SOG, who is now sitting in the jury box) . Our investigators are still working, but we have evidence that some other parties may be members of this same outfit (Judge mh takes a quick look at JSTUS.) Also, some of the parties are rumored to have considerable ties to the Mafia (With a look of utter disgust, Judge mh looks at robber and jst.)
But the court is willing to allow the attorneys to continue on for now.


Also, Judge mh wishes to strike from the record his comments made in the late hour on yesterday, as these comments were not received in the manner in which they were intended. He will also strike the ensuing presumptous assertion by Attorney JSTUS that my comments could be construed as sexual harassment. Also, the insult hurled by Attorney JST (referring to me as Clarence Tom-Ass) will be stricken from the record.

The court will now recess for 5 minutes to allow everybody to compose themselves. I will be back to rule on the motions before the court.

 

[mighty hornet]

Since I didn't want to appear like I was totally clueless as a judge, for a few minutes yesterday evening, I happened to pick up my old constitutional law book from my undegrad days. It's so funny because the very case I had planned to reference this morning (Korematsu vs United States) is the same case that the real TSPN attorneys referenced. So, I must at least be on the right track. Pat on the back for juge mh!

As for the motions:

The dastardly events of Sep. 11 catapulted the U.S. into war. As such, the power to wage war implies the power to wage war successfully. The govt possesses all powers necessary and proper to the successful prosecution of the war. As Justice Murphy points out in his dissent in Korematsu "In dealing with matters relating to the prosecution and progress of a war, we must accord great respect and consideration to the judgements of the military authorities who are on the scene and who have full knowledge of the military facts. The scope of their direction must, as a matter of necessity and common sense, be wide."
I agree. During wartime, it's frivolous to presume that authorities while engaged on the scene will accord individual rights accorded under Miranda. With national security issues at stake, military necessity can justify the deprivation of individual rights.

So any information obtained from the defendant is allowable and the motion to quash his confession is denied!!!


As for the motion to change venue, forget it!
We gon hear this case right here on TSPN. To not allow this case to be heard here is to say that the citizens of TSPN are ignorant and without the mental wherewithal to render a sound judgement!

 

[Blacknbengal]

UUHHH.....UUUUMMMMM........Judge MH, uhhh.... I think you have been recused.

 

[Blacknbengal]

Originally posted by Lewis
I am just a shade tree lawyer but to try him for murder, you would have to prove he killed someone. Can we prove that? Maybe all his shots missed. IMHO, he ain't no citizen, if he was fighting with them, what more do we need? A letter from bin ladin saying johnnie ain't with yall no more. He said he was a Muslim, do you think he sent a letter to his church back home also. Did he pay his taxes last year??? What does it take to not be a citizen?? I think when you join some other country's army, that enough right there. His arse should be in cuba with his boys.

That is what I was saying also Lewis. Why are they trying this guy as a citizen and not with a death penalty? Why are they leaving his fighting companions over in Cuba? I thought that he should be with them.

 

[Warndalyn]

Originally posted by MightyDog

BTW, if I need a good lawyer, I will definite call on y'all.

Ditto.....

 

[Seeing Spots]

Hwy guys WHAT'S UP?

Hey guys,

I have been out of town (speaking engagement in ABQ) and need to catch up...

Are we going to continue with our trial or what? Let me hear from counsels.

On the other thread about jury selection I made suggestions. Are we ready to pick jurors? I will post over there.

Once and for all, let's decide on the Judge. I vote for SOG.