Thursday, August 12, 2010
Supreme Innocence 08/12/10
I know many are concerned by the appeals court affirming my conviction. Further to enhance to that concern is their recent denial of some motions. But we are only playing games of procedure. The ruling of the Supreme Court has already declared Scott and I innocent. Not specifically but by declaring that the statute we were prosecuted under doesn't reach to our conduct. the ruling of most significance was Skilling v. United States which was ruled upon on June 24, 2010. In this ruling the Supreme Court interpreted the phase "Scheme or Artifice to defraud" to mean bribes and kickbacks only. This phrase is the same in all the fraud statutes. The importance of this is that once an interpretation comes out of the Supreme Court Stare Decises takes hold and even Congress has to follow suit. There are many more cases to support this truth. Cases like Clark v. Martinez, Zadvydas v. Davis, United States v. Stevens, and United States v. Williams. The import of these is that once a statutory word or phase has been interpreted that meaning is to remain consistent throughout the same act. Since 18 U.S.C. 1346 was the vehicle in Skillings to define and confine this phrase the interpretation must remain the same throughout the entire fraud section of chapter 83 of this title. In addition to this issue we have a legally invalid theory incorporated into our indictment and a lack of proof of financial institutions. Under United States v. O'brien decided May 24, 2010. Financial institutions are an element of the offense and therefore had to be proven in trial, alleged with legal specificity in the indictment, and properly presented to the Grand Jury. All of this was precedurally deficient. The law has declared us innocent but the courts are doing al they can to prevent us from airing our argument. These tactic eventually fail and the law will be heard. Once it has been we will be vindicated. It's a terrible system that fights against itself but wicked people know no other forms of righteousness. If you do the research and get your hands on some of my appeal brief and my motion to dismiss the indictment in district court you will see the beginnings of this truth. I am saving the best for last and the right opportunity. What I can say is that we have won though you see no evidence of it yet. If you judge just by the headlines you will lose heart. I will update you shortly on more events. A lot will happen in the next few months to deal with the procedural hurdles. It still comes down to truth verses time. Scott and I are not persuaded by the time so truth will eventually prevail.