The appeals court affirms the conviction (7-9-10)

Well it appears all is lost and Kurt and Scott have been living in fantasy island. This affirmation is the product of the attorneys fostered upon us. It is amazing to me that we can have a trial absent any real facts and then have an appeal irrelevant to the damage done. Yet this is what occurred. I tried to salvage this appeal by filing my own briefs with winning arguments but through a little malicious intent the institution prevented them being mailed. before I could correct the situation the court had ruled. The record will reflect that my many attempts to get the briefs to the court were genuine and that they were timely to be considered on this appeal. Unfortunately if the court chooses not to act on this information I will be forced to file for a rehearing. The problems created in my appeal are of the type that should get a rehearing but then there are no guarantees in the law. This is bab news but not an accident. I know this will be the straw that breaks the back of most of your faith but that is a revelation worthy of discovery. I still cannot take any shortcuts and must fight for the prize no matter the personal cost. I can prove that Alsup made up his own crime, steered his own trial, and that the system has denied us justice if and when I ever get heard. That is the amazing hurdle. It is quite a system that protects fraud at all corners. But sending a fraud buster into a greater fraud in God's way. I am fine and will be fine. I have no doubts in the God I serve and your doubts will not move me. In the end God will be glorified and every fainthearted will be shamed. Even if that takes until 2027 for me I am good with that. I cannot stand liars coming in by force and stealing from my clients. I will defend and I will prevail. ABC Nightline is seeking an interview and perhaps God is bring us to the surface while our enemies try to bury us. One thing about relationship I have come to learn. Love is trustworthy. God loves me and you and He will deliver justice. He gave me the courage to arrive their and provided me to you. Soon I will be reporting on a gentleman with the same crimes getting his conviction reversed by the same arguments I'm using. His only advantage is that he is being heard. His reversal is evidence that mine is coming though God has a route tainted by malicious devices. If the court takes it up on its own to reopen the appeal based upon the record my relief shall come quickly, but if not years are more likely. That is the man talking. The spiritual man will remain silent and allow God to do the talking to you individually. Thanks for you prayers and support.

Appealing Thoughts 3-29-10

I recently completed the supplemental brief which should be filed on or about April 1, 2010. This represents the completion of what we thought most relevant to raise. The appeal process is a very tricky process where one can talk too much. Literally an appellant without any argument from the government can affirm his conviction. A civil society truly would not promote a system like this. Those who say it’s the best in the world and think it fair are sheltered and naïve. But with the Lord’s help even two nobodies like Scott and I can prevail amidst the perilous traps. This brief was sent via email to the lawyer so it can easily get posted on this site if you’ll find it interesting. It is cutting edge at this moment. A timing I believe was under the providential control of the Lord. There are basically 2 arguments. The statute is void for vagueness as applied and a speedy trial violation on the indictment. Even Bill Julian could get his conviction reversed with this argument supplemented with the fact 1,349 cannot stand alone without a predicate offense. Unfortunately for Farral and Dewey they pled out to charges different than our indictments so none of these arguments are relevant. I sent this email to a few clients who can confirm its content and origin once it is posted. My opinion of briefs even my own is they are just a practice of judicial masturbation. Truth, justice, integrity, are not the virtues available in a system of witchcraft. Pretend, mysticism, conjuring of spells in the recognized language. When a favorable ruling comes down I can promise you it will have absolutely nothing to do with the merits of the case. That was Alsup’s job to obtain a trial irrelevant to any real facts. The appeal process is a separate bottle not about facts but procedure. Did we pressure enough error in the procedures to survive Alsup’s machinations of evil? We shall soon see. The oral arguments are set for May 10, 2010. The court can rule anywhere from 2-9 months after this date.

Democratic Tyranny 3-20-10

There is a folly upon the lips of men, that shows their foolish hearts. As though numbered crowds can decree truth, ignoring the lie made obvious in our youth. We are new among the living, yet, our eyes can see we shall not remain for there are more graves than houses for dwelling and the absent share the secret they’re telling. Death is the tyrant infesting the living and democracy is his voice for wide is the path leading to destruction while “the living” is a misnomer of seduction. Listen to the promises every election cycle, read the judicial opinion as codes, they are laws material benefits are given eternal significance by religious oration and philosopher’s wax eloquent on the meaningless meaning of life in contemplation. Death cast his vote upon every man and has poisoned all alive with his bitter sting, but one resurrected into victory and the few who claim their truth joyously sing. Sing of truth, of knowledge, and of all possession of life, sing of the defeat of the democratic tyrant and his strife, sing like a beloved, chosen, cherished wife for her husband is the giver and champion of life.

Another Victim Of Victor 3-09-10

Someone wrote that they lost their house to a Wells Fargo foreclosure even though they were making their payments. Also they expressed that they were my victim. I would like to say to you that your desire just to live a peaceful existence without any troubles is a utopia vainly imagined. First you claim to be my dupe and second could not defend yourself against an unlawful foreclosure. I am not picking on you for your state saddens me but you must recognize that in 5 years of exposure to myself and Dorean you have progressed little and your sentiments are all retreat. You will not find the repose you seek for predators will always find you. I do ask that you don’t give up on me so at the end when I am given opportunity to complete my work you will have saved all the information on what’s transpired so I can deliver you. I am not a dupe of the government or Wells Fargo. Each of them I fear none I respect their power and cunning but they have seriously underestimated Scott and I. I do not boast in us but I have seen what simple men of faith accomplished in battle. My prayer for you is that you will shun away from foolish thinking and ponder what happened to you in light of what God desires to bring to you. Then you will understand better where joy and rest can be found and will not see yourself as a victim but a victor. Please, please, please be a good steward of the records and I will use them with my victory to secure yours.

Courageous Ridicule 3-09-10

I truly wonder at how people can ridicule my courage in this battle. Is it really wisdom to say the government never loses? In whom do you place your confidence? If you know God can you doubt His victory. Perhaps the human element, Kurt’s weakness is the factor of your concern. So God is strong just incompetent. He lies when He says His strength is perfected in weakness. Almost every time He delivers His children the enemy is confounded. Look at those notable quotes and you can see our enemy completely had their wits about them. Their intelligence was completely lost in moronic behavior. David knew victory over a lion, that gave him confidence for victory over a bear, that gave him confidence for victory over a giant, that gave him confidence for victory over a king. This is not my first rodeo and my confidence is well seasoned by a food whose course always leads to victory. Now if you lack at patience is wagging your faith then your arrogance has blinded you to the ways of God. God will be your servant in love but never a slave to your will. If you like to look at life through your expectations try looking at the expectations of God’s enemies. Then maybe a few lions, bears, giants, and kings will enter your vision. As for me and my house we continue to trust the Lord.

5th Year Psalm 3-07-10

How is it your smile lights my soul, your words of love comfort me. I crave your presence and adore your affection, for you oh Lord are a delight to me. My ears hear the music of your words, which causes my soul to dance within me, while your eyes look harsh in truth, they bat with a gracious flame that warms me. Like a true friend every urgent request is heard, and all your resources are made available. No prayer falls empty of promise and no enemy finds your beloved assailable. How good and pleasant are the relations of God though the milk of human compassion run dry. Your child is ever attended and never forgotten, and though they stumble remain the apple of your eye.

The Story Of The Tree 3-05-10

When I was a young man I heard a story of a man who was told by God to go into the forest and preach to a particular tree everyday for 30 consecutive days. This story interested me because it is another stupid request by God. I am familiar with why does God ask a man to preach to a tree? If you want me to practice my oratory skills why not in front of a mirror, or a group of people where valuable critique could surface? What value could there possibly be with a dumb tree? Sure it is a test to see if I will trust you but a silly trust. The man was confronted with this silly test of trust and went faithfully to that tree and shared the gospel. At first the silliness got the better of him and his word were very anemic. But after a few days he thought if God wants that tree to know the gospel then I will do my best and that tree will be the best informed tree in the forest. I have had this kind of resolve overtake me in the midst of silly exercises. Also the children of Israel were brought to a silly tree. At Marah a pool of water in the midst of a desert journey was easily the center of their hope for survival. But as Marah declares the water was bitter, undrinkable, and no hope at all. These people who had the great miracles of deliverance under their belt of experience had no room or expectations for this kind of disappointment. What kind of God would lead them to such a death as this to die dehydrated in the desert. It must have been a silly God to their imaginations. And their complaining rung of this idea. But God was more silly than they could imagine. He was not going to continue to escalate His miracle performances like a climatic actor, now He wanted to be known. He wanted to be trusted. He pointed Moses to a silly tree and said throw that branch into His water. How is bitter water made sweet by a stick? Could you imagine that? Nor could I. An angel coming down with vials of cure landing upon the waters must have been more to their expectations. Then there was another tree formed into a cross. The silliest tree ever imagined. How does the king of kings save a lost world by hanging on that tree? Yet Jesus did not think it silly and was eager to risk to that occasion. As we know now, no tree turned out to be silly and trusting God always proved fruitful. Unbeknownst to our tree preacher was a broken hearted man who had given up on society and was dwelling in the forest just beyond that tree. On the 30th day he revealed himself and wanted to know Christ. His life and heart were redeemed. Why didn’t God tell our preacher there is a man living in the forest I want you to preach to but he will not stay if you reveal knowledge of Him so I want you to pretend to be preaching to that tree? Would he have not been all the more eager with joy to go? Yes, but God’s way produced the fruit of trust in both men and revelation that caused it to remain. God’s ways may be silly at first thought but trust will reveal otherwise.

Bring It On 3-04-10

Jesus is a champion’s champion. Before He rises up in John 14:31 He acknowledges His enemy in verse 30. I love that spirit in Him and how it is imbibed into His bride. The enemy identified, the battle clear, the will of the Father known, the love of the Father certain, “Let’s rise” explodes from your spirit. This is the best way to describe what happened to Scott and I when Alsup identified himself as His enemy. No fear entered only a “Let’s rise” to the occasion. I do not sit in judgment of my co-defendants, let them judge themselves. But I know the spirit that possessed me was the same as that which possessed Christ in this text. Never would my love for the Father allow me to compromise with a love for self. I know the courage Christ displayed was founded on a complete trust in the Father’s care. It is the same today. As a man I could never fathom the needs, pains, or sufferings of every client but surely God knows and factored that into his plan. Is it not wise for me to give myself over that plan? Shrinking back doesn’t seem to reside tin this place of confidence. God will deal with the enemy and I will deal with God in trust of His loving relationship. Cowardice robs so many of the precious knowledge only obtained in this course. I suffer to human eyes but the eyes of the spirit envy my blessings. I abhor the cross for it’s evil but I know what can make a man rise to the occasion. When you do you’ll say “Bring it on.” Then you’ll understand Samson’s riddle. For the fierce lion that attacks fills your spirit with something sweeter than honey.

A Champion’s Comforts 3-02-10

Many of you have noticed my courage, compassion, and consistency. Many of you have mocked. My ways are not my own but Christ who lives in me. I’m the book of John chapters 14-17. Christ is very much the comforter. He says so many wonderful things about the relationship He established for men in love. I can picture the Lord knowing the times of the spirit and the great work before Him. He’s sitting wanting to take these moments to lavish loving and comforting words upon His disciples. He touches on the timing and is inspired at the end of the chapter 14, verse 31. Knowing His time is at hand He is eager to do God’s work regardless of the pain and suffering. It hits Him “Let us rise and go.” I now picture Him standing but collecting Himself from that moment of courageous obedience and realizing He still has a few moments He continues His comforts of love through chapters 15-17 then in 18:1 marches off to battle. I know this place from public speaking your passions are hot for two important tasks. You pace and engage the people doing all you can to dispense the truth and engage their understanding. Also you know as much personal joy you gain by comforting others you must divorce yourself from that task to face your battle. That is the spirit that possess me. I cannot shrink back from the work of God even though I would have liked to stay with you and comfort you out of your fears. But it will not be comfort that delivers you, it will be my courage and trust in the Lord to finish His work. You have your words of comfort and your assigned champion. Can you rest in the Lord’s provision? That is an individual answer. The champion did not stay gone for long. When He returned His words on the other side of God’s work completed also completed the comfort. Trust in the Lord’s model He has not changed.
Notable Quotes Cont.
Brigid Martin Sentencing: “Because we did not allege and have the jury make a finding on whether or not a financial institution was defrauded here.”

Condescending 2-25-10

This is a word that expresses a movement of one superior to the inferior. I’m not sure the movement is anything but benign. It is the will or heart motive behind the movement that is most telling. We have all faced people of superior position who guarded their standing with pride or jealously. Worse than that is one who lacks any real superior standing except for their perception who tries to own this movement. What I opposed on this blog was the arrogance of these perception idiots. It was so easy for them to rise up in judgment and to condescend in pride. The condescending practice from these is the same as reaching down to secure the inferior to assure there can be no faltering when the inferior is stepped on to elevate the other. Many wrap this in religious robes and call it holy. But it is not the practice of God when they attribute it to but is the way of their father the devil. God in Christ left His throne not to step upon creation but with a reach full of love condescended Himself with power to lift and love to elevate. You must ignore Christ to miss this truth. I know this thought may have never crossed the mind of my superiors, but what if God caused Scott and I to suffer as a vehicle of God condescending to elevate others. Why have there been every opportunity to elevate ourselves at the expense of others? This temptation will not cease with victory. It did not cease for Christ at the cross for through His body in every variation He makes a stand not to condescend in power of pride but the power of love. This battle is wrought in the inner man so there is only circumstantial evidence by which judgments are cast. Yet the devil’s agents are never slowed by this evidence deficiency. Their judgments are harsh and their tongues are swift. Perhaps others who knew their standing and have experienced this loving condescension through Christ and His body are possessed with a real factual evidence to ponder with gentle reflection and slow tongues. It is my hope knowing Christ’s style you can interpret if in the circumstance of Dorean and in the hearts of Scott and I. Let us leave off this wicked condescension for the self-righteousness witches and their irreverent courts and love one another as Christ has loved us. Can we be known by anything else?

Save Me And The Conversation 2-22-10

As I’ve said the save me prayer is arrogant and flawed by all the character of a sinner’s nature. But that does not mean all save me prayers are about a justified expression. Here is the thing about God bring a plural personality, a singular being, and a unified will that as a character trait sets the doctrine of His kingdom. The bride of Christ has been invited into this being. To relate as He has always related within Himself. The body of Christ copies this relationship in that there are many personalities, one body or being, and a unified will. If the save me prayer should come from one of these personalities in relationship without a violation of the being by usurpation of the unified will then it is a factual part of relating Jesus said the save me prayer under these conditions. His personality was not excited about the suffering before Him but His spirit was joyed by the direction of the unified will. For Christ not to relate His concern would be disingenuous to an honest loving relationship. If we find ourselves in trial not liked to which deliverance is a desire a save me prayer is appropriate to the standing of servant and Master. But if the desire of the Master should say “my grace is sufficient for you” the will must rein in your spirit. Then as Christ, an addendum must attach to your save me prayer, “not my will by thy will be done.” Many times I have expressed my prayerful desire to be done with this trail but always this expression was not a dictate twisted out of a faith lever to move God but from one trusting his lover enough not to omit the truthful expression of them self. We were invited into God through Christ to be at liberty to our true selves, naked without shame. Completely free to relate. This save me prayer has been thoroughly answered in Christ which is ample evidence that we can have a desire but still surrender our will. The deliverance and victory at the end of this course will always impregnate your spirit with joy and courage far superior to the momentary suffering one desires relief from. So if you know of your deliverer and His salvation pray for me also for our answer is trustworthy.

Save Me 2-19-10

This is the substantive montra of just about every prayer to touch the ears of God. If people would stop to analyze this prayer they would see that it rocks with all the flaws of our selfish nature. I can only imagine how many clients sent up prayers during foreclosures, loss of job, Dorean troubles. Oh that people would come to know the trustworthiness of God and His love towards you. Christ showed this when His prayer was for God to be glorified not salvation from a cross. This was the model for Scott and I. We could have spent all our time focused on prayers for deliverance but God’s glory forced upon us the course we have taken. I know to the sinners it appears I am getting my ass kicked and that I am being punished. Even friends have fallen prey to the devil’s interpretation. But I can say I have never been more blessed than I am this day. Only those brave enough to say “unto you do I commend my spirit” know the joys of surrender to God’s care. He is God and from that vantage point making all things work together for good to easy work. The arrogance of a “save me” prayer is it is faithless. God is your servant to the dictates of your will. You trust yourself and your idea of good. You remain in control without trust. As soon as an exit or possible exit appears you jump on it and decree it God’s will. How many choices in this trial can you imagine Scott and I faced to lead us to a quicker exit? There were hundreds but our surrender to Christ and our desire to see Him glorified made obvious our course. Could I fathom the nature of the course? No way but then I’m not God and the course is not my job. Much of my boosting, expectations of victory, and hope for you are founded on my experience of trusting God in prior trials and the awesome love by which He loves His children. Alsup and any army He can raise are the least concern for man lost in God’s care. His power is extinguishable and God’s ways are distinguishable. I don’t’ need to be saved I was saved long ago in Christ. What I need now is to see m savior honored. This happens as a matter of course as long as I stay on it. When this is finished many of you will recall how you failed in trusting God and yet even with you as an enemy He still placed servants in your stead to suffer what you were unwilling to do and saved you. That is an awesome love that one day you’ll discover is trustworthy. Then “save me” will sound as foolish as it is.

Angry God Alternative 2-17-10

As opposed to the solitary deity of idolatry you can imagine Pantheisa such as the Greeks, Romans, Vikings, Hindus etc. The problem for man is the deciphering which God deserves what loyalties. If one’s life is indebted to a creator, a fertility God, a game God, an agricultural God, a weather God and the list goes on what alms go where? These gods being equal but not unified are given over to competitions and petty jealousness. How do you have clear lines of demarcation when your herds prosper under good weather and abundant crops to feed them. This collective of gods still leave you with an angry God though you can deceive yourself that the one whose blessing and favor appear can be an advocate to the angry one. Every approach is trepidations and dreadful. No relationship is ever contemplated only appeasement. The simplest version of this is Ying-Yang for the lost generations depicted in cartoon through Mad Magazine as Spy vs. Spy. Each side is equal and one is good and one is evil, presumed to be black and white. But when you have equality in opposition there is no advantage or anything superior. Good cannot triumph over evil. The best is a stalemate. How creation could occur from a stalemate I cannot fathom. Besides there is no morality in this scenerio because to evil good is evil. If you happen to place your allegence with either rside you will perceive your status as good. You can’t even enjoy the idea of fair since unfair cannot be derived from euality. The forces of Starwars are fanciful impossibilities. No matter the imagination of man in designing his religions or Gods he will always come to God with the limitation of creation. No one could have fathomed the unified one god revealed to man. He is the only possible God that can explain creation, the contradictions in our being, and our relationship to Him. This God is like no other. He is not angry and seeks not appeasement only relationship. Of course the relationship forces a loss of rebellion or religion the two levers of our pride and control. There is superiority, righteousness, truth, that is exclusive, goodness and evil. A real being that can’t be imagined that will be the other of a relationship. There may be many alternatives but there is only one God.

What Crime 2-18-10

I have been subjected to two juries and process and lost 5 years of my life to incarceration. But my question remains “for what crime?” I know what the indictment said and I have heard a lot of noise in my ears about an idea of wrong-doing yet in all this time not one person has put together a comprehensive complaint. It has all been rhetoric without fact or law. Take mail fraud – what is the crime? Using the mails to further a scheme or artifice. A scheme or artifice to break what law? Fraud you say, ok. Fraud as a common law? The feds don’t have common law. Let’s just say it was a common law fraud, who was the victim? Where is the sworn complaint of a personal victim claiming a reliance, a loss of property or money as a consequence of my statements. If you are a client saying I did not provide the service I promised then let me defend. If a “lender” then let me defend. But no, a mere slander feast without facts in on indefinite accusation is enough to make you all judges. Is it any wonder a world so stupid as stampeding its way to hell? Here are a couple of quotes from Blaise Pascul:
“And since man has lost the true good, everything can appear equally good to him, even his own destruction, though so opposed to God, to reason, and to the whole course of nature.”
“If we do not know ourselves to be full of pride, ambition, lust, weakness, misery, and injustice, we are indeed blind. And if, knowing this, we do not desire deliverance, what can we say of a man…?”
“If it is an extraordinary blindness to live without investigating what we are it is a terrible one to live an evil life, while believing in God.”
“If we would say that man is too insignificant to deserve communion with God, we must indeed be very great to judge of it.”
“The just man acts by faith in the least of things,…”
“The law imposed what it did not give. Grace gives what it imposes.”
“There are only two kinds of men: the righteous who believe themselves sinners; the rest, sinners, who believe themselves righteous.”
It is clear by this thinker’s quotes that men are not very good judges and cannot discern justice. Even if I could trust the facts and a real low to your care would you grant me justice? If so why have you been so quick to delight in calling injustice, justice? Truth is exclusive and force and numbers do not convert a lie to truth. You will learn I have never committed or been changed with a crime.

No Angry God 2-16-10

The Christian gospel is not like any religion of men. It does not share the angry God needing appeasement imagined by fearful creatures. It is so contrary that this in itself could suffice as evidence for its divine origin. God is love as John declares it but what does that really mean? Of course God is more than any single attribute but this one is a very unique expression that may be more descriptive than a solitary attribute. The doctrine of the trinity has been argued for eons but what it teaches me is profound. God being a trinity may also be a single attribute but that is not what concerns me. It is the functionality of this attribute as a display of revelation. When I strip God of all creation to imagine Him alone I used to narrow my understanding to power. He is all power. Since creation is the expression of His power it was logical. But if He is somehow one God of varied personalities this strips Him back beyond His power. Power can only be measured by action and juxtaposed to something inferior. That is why creation is a display of His power. But if there is a Father, Son, and Spirit you’ll have relationship even if God is stripped down to His essence. This means that love goes back beyond His expressed power to be a core of His existence. Therefore God truly and thoroughly is love. If he was a single deity imagined by men where would He garner love from. If you strip this deity down to self that’s what you have, a lone deity with all power. Now how can this deity come to the notion to create. He is not one to relate, has no equals, and needs not to suffer inferiors. But if He should choose to create how could it be from love for love does not reach behind His power. So if power is the sole basis of creation, creation would suffer under the angry tyrant imagined in constant pursuit of appeasement. I have tried to relate to an angry wife not wanting a relationship thinking herself superior. This was impossible and led to divorce. How would it not ultimately lead to divorce if our angry God was real. We could imagine sacrificing our children would make Him happy but on what basis could we hope. This God could care less if we existed or not, lived or died. He can’t even view us as a chattel concern because there is no threat of another power to remove us from His government and He could always create again. But the true God created us in love to have a relationship with Him and that changes all ideology and values. It controls His approach to us even through His power. Christ is proof of this absolutely.

Bless You Brother 2-15-10

Balaam knew even in his wicked heart that he could not curse what God had blessed. That is why it is easy for me to bless you. You may humbly say you have done nothing to wrought this honor and point all the glory to Christ. This is wise and true but not the complete story. For it is the faith of Christ that can trust God and confidently say “into your hands I commit my spirit.” It is still your choice brother though supplied with all you lack to surrender your spirit. I have noticed you do this and what a great sight it is. Not just for your honor but to see again in the human condition God made manifest, God proven true. This is a blessed state where your strength is in Him (?? 84). Again it is easy to bless you. I have seen your tears. I heard your groaning. I have witnessed your blindness in the darkness of trial, still your faith did not grow dim. Like the light hidden by Gideon soldiers who with a victory shout smashed that which kept the light hidden. This is your promise and who can prevent it. I have measured the powers levied against you and found them lacking. Do not fret the work of the wicked for in their senseless folly they have brought you God’s promotion. Though you look for trophies of faith and only see the devastations of war you have gained more. For the bosom of the Lord has become your pillow and His lips a comfort to your ears. All you have heard is true and in God’s favor you are known, you are loved, you are blessed. “Bless you brother” I only repeat original words of the throne. You have not yet imagined the treasure within your promises. Oh how you will dance and make music to joy the heavens. Out of the perceptions of forsakenness your soul cries of the truths of God’s faithfulness like Psalms 22, Your witness is true. I say “Amen.” The perfect storm of your deliverance has left the portholes of heaven it shall not return until it has nourished that seed of faith you planted and rained a saturating blessing upon all you can name. This summer storm is for you, is a gift, is God’s way, is God’s exit. Bless you brother.

It’s Been Said 2-14-10

It’s been said
the eyes are the window to the soul.
Yet behind them
great mysteries still remain
the greatness and wretchedness of this man
love and grace, pride, and lust, flow through the same hand.
It’s been said
God helps those who help themselves,
yet what use is this God to the helpless?
Though I can reason right-wrong, evil and good,
my will being servant not master is understood.
It’s been said
love is blind, yet what a silly notion
of indifferences this must be,
for if these mysteries within me can never be known,
then I am darkness, an abyss, an unknown.
It’s been said
all men must die,
yet all I want to do is live.

Changing Appeal 2-11-10

As you have been noticed there is a prophecy that touches on our deliverance that Scott and I are trusting in. The appeal was not fitting within this window so it was not considered. But in recent developments this may no longer be the case. Of course What I’m now seeing is the development of kind of a perfect storm of deliverance. Much had to change just to see this and much out or our control will have to develop perfectly but the hand of this Lord is apparent. I can now say as I have always said in faith that we will prevail but now through my reasons. It is not as if merely an when that confronts us. This is not a lay down where sloth is effective. It is still war but tactical weapons have developed and must be deployed. It is m greatest desire that the Lord will use Dorean as a modern example of His power and effectiveness while proving again trusting Him is warranted. If this occurs it matters not for I am not the defender of God. He is mine. Regardless I have my joy and my proof that Christ is trustworthy. Though the chances are appealing His changelessness is the true delight.

Sitting In Judgment 2-11-10

I have finally discovered in the annals of witchcraft that is called law in this country what crime has been committed against Scott, Donean, and I, and ultimately all the clients. I have been able to from first instance know I was being victimized but was lost in the effects instead of the cause. The tragedy in all this is that all those from Alsap to the fruit inspectors will continue to think a criminal got away with one when this casa is overturned. They are so wise in their judgments that they cannot confess of their own criminal conduct. Still the Lord proves He is a deliverer from wickedness and no hope is blossomed in their hearts and no repentance in their spirit. This is our lot without God. We are criminal injure innocence and then are offended if their innocence prevails. Not one “I’m sorry” will ever reach my ears. Not one “God forgive me” will reach the Lord’s. This case was on the large seals the corruption in each of our hearts where we all sit as judges. The best ending to this story is for all to come to the truth of God and His judgment. Though all the evidence is squarely before everybody’s eyes, blind men will not see it nor cry unto God for His merciful healing.

Trophies Of Faith 2-09-10

Scott and I have discussed many times our desire to return a trophy for our faith. I think this a noble exercise though none of our imaginations came to pass. Looking upon a battlefield and desiring some trophy to say you prevailed for the warrior seems natural. Unfortunately spiritual warfare can have strange rules of engagement. That was the case with Dorean. We were to suffer total devastation and losses of every major battle. This was not as difficult as it sounds. Knowing you have already won the war in Christ Jesus makes the loss of battles more than tolerable, even joyful. But at the end of this exercise is an interesting revelation. Faith is a trophy unto itself. The very battles that caused us to seek a trophy of faith gave us the faith in substance. But faith as precious a gift it is and as glorious a trophy it becomes offers and yields even a greater price and treasure. For the hope of true faith is Christ Himself. To posses Him in the intimacy of a warm and tender relationship filled with love make trinkets of memorabilia completely forgettable. I think arriving at this trophy may very well change forever the way I look at battles in the future. I will know I posses the greatest trophy in advance. In fact I will advance under the banner of Christ Himself, for the battle is the Lord’s. In this light I’m my beloved’s and He is mine and both are the treasured trophy of the other. Isn’t love grand?

Great Power Meets Greater 2-02-10

It has been said that “necessity is the mother of invention,” but I have discovered another mother. Great power is the mother of great domination. I have been exposed to Alsup’s great power and offended him when I revealed to him the relative domination. But have we all not this flow? Recently I felt called to pray for a man, stranger to me. I felt the unction to a specific time and place that this prayer should take place and felt this God’s will. Well, though this guy had a need he did not share the revelation of God’s unction within me. My first response was what arrogance for him to dictate to God time and place. This judgment gave me power over him in that I would not pray for him under his terms. With this great power comes great domination. It is the same practice of all the fruit inspectors who have passed through this blog. When I went to the Lord with love for me and judgment for him I was confronted with the hypocrisy truly I needed to remove the log from my own eyes before I addressed the splinter in his. Besides love desires relationship. Relationships require communication not acts of presumption. I judged arrogance but truly I have no idea of his motivations. What if they are sound? What if he was shy or fearful? Wouldn’t love reach to his weakness instead of crushing him with condemnation? David in psalms 26:6 looks to his own sins and to the Lord. Not to his power. I chose to do the same and resolution and love prevailed. God was honored

Habitual Liar 2-01-10

One thing fasting can teach you is the habits of the flesh. It is amazing how the body rants against this truth “man does not live by bread alone but by every word that proceeds out of the mouth of God.” If one spent any time in fellowship with God enough to know His words they could easily recognize that their body was a habitual liar. I am surrounded by creatures of habit. All day I can watch gang members, Muslims, Christians, blacks, whites, Pisa’s, sick, and staff all behave according to fleshly presumptions. None take a moment of spiritual pause to even challenge these presumptions for facts or truth. The 5 senses are the height of knowledge even though they never react the threshold of God’s word. I’ve always questioned out of my farting if my doubts are like the flesh, a habitual liar. As I’ve moved into the intimacy of God’s love relationship many of my doubts have been exposed as frauds. What’s funny is the doubts always turn to the lying flesh for confirmation. Nothing like having a liar vouch for the veracity of your claim. Ironically it is an internal exercise very similar to what has become the acceptable forum of litigation. Liars are validated by rhetoric, worthless and meaningless oaths. Like witches they conjure truth as a recipe of words formatted in ritual instead of context and fact. But truth is a wonderful substance that never changes because it flows from the love and character of a changeless God. Relating to this personality is where truth will expose all liars including the habitual ones. In fact, if one picks up the habit of dwelling with God’s life happens, and that life is abundantly full of truth, a truth that will supply bread for the flesh and the soul.

The Reliability Of Love 1-21-10

In the biblical Greek the word “Agape” was used to describe the love of God. It has been defined as an unconditional love. Though I can appreciate the sentiment behind this definition I consider it too vague to help me comprehend this love. A better definition for me would be a love always functioning within the quality of itself. This love is not object oriented but finds its quality of character from origin or source. Concerning God’s love we now have a love that is always consistent with its source regardless of the object. Since our knowledge of human kind brings us to a conclusion or unmerited conditions from the objective point of view this love appears unconditional. But to ponder this love from the source with the help of revelation from the person of God we will find some conditions. One condition is that it must be of the quality of the person of God. God must be of a nature to which this love is inherent within His being. Love is a quality only relevant to relationships. Therefore this source must have some quality of relationship within His being for this quality of love to be relevant at source before any creational relations. Second the love must be as timeless and changeless as the originator. Third this love of God must possess all the “omni” traits as its origin. It can not be conditioned from within creation but must be conditioned upon creation and present at all time and space as God possess. Last its affections must be “super” to the needs of the object in all the same ways the origin is “super” to creation. One only has to look to the relation between Father, Son and Holy Spirit to understand the conditions, quality, and behavior of this love. Christ as a man could judge this love reliable. Reliable enough to know His prayers were answered, His compassion were sanctioned, and His life was secure. It is this quality of love that overrides my nature which in contrary manner seeks self to be walked off from source and all other relations. This love moves as Christ through me to lavish in the style only known at the source. Prayers are answered, compassions are sanctioned and my life is secure. Are you aware of the reliability of this love? If so does it testify of itself? God is loving to which the many gifts we have received can be compiled as evidence. But the greatest display of this love is not the gifts but the giver. He gave Himself which was all His love “super” to creation, “super” to any need ever to appear.

Proof 1/19/10

There are many proofs of God and His work through Christ. Pascal listed 5 I have shared with you: (1) Morality, (2) Doctrine, (3) Miracles, (4) Prophecies, (5) Types. Each of these Christ confirmed as ways to know He is God incarnate. Many have accused me as having a Messiah complex to which I declared to be false and that my profession was to have a complex Messiah. Though He be complex the nature of love by which He functions can be simply understood. Love is unique in that all counterfeits are easily distinguished by the original. The love of Christ that established His completed work is still active among men today. Men such as fruit inspectors like Pat Robertson say foolish things like Haiti suffered devastation because they made a pact with the devil to throw off the French. This logic is devoid of any real knowledge of God’s love. Every one of Pascal’s proofs is a byproduct of God’s love. It is God supplying evidence of His love to justify your reliance upon its trustworthiness. Christ used miracles of kindness not earthquakes to vouch for His credibility. He said if you don’t believe my words believe the works. Also He spoke of things to come before they occurred. Out of that style of God’s love I now prophesy a miracle made known to me. As you know these blogs have the date they were authored and the date they were posted. On Feb. 20, 2010, a man born with a cleft pallet will be healed. Missing teeth will be restored. This man is a convict who does not deserve this mercy, nor do you deserve another witness that Christ is the Messiah of God. Yet he still gives His proof and still expresses His loving kindness. I will pray for this man. I, who am the least of all my critics, I too am a condemned man unrighteous. No good thing can come from me. I am a fraud and all my motives are suspect. Your judgments are true so then how do you judge this work? Can a wicked man tell you of a good work in advance or heal another wicked man of a defect from birth? If not how do you explain it away? How can I be confident in what I have proclaimed this day? The answer is love. God’s love once understood behaves as love should behave. If one should surrender one’s soul over to the dictates of this love it will gain insight that transcends time and evil. I will not send you reports of how God’s love worked here in prison. Let the works find you. I have my proof and I am confirmed in this love. I don’t have fears that a perfect love cast away. Will you see the works of God’s love entering your prisons or are you too righteous a judge for facts and evidence. God knows we have enough of those for countless generations. Maybe we all suffer a little too much Alsup within us.

7 Feasts 1 Truth 1/19/10

In the Jewish culture 7 Feasts were established as Holy convocations to be observed. Observing these feasts in their type or allegorical meaning reaffirms this solitary truth of Christ as God incarnate. The gospel (good news) message was and is that God condescended to lift a fellow creature into a loving relationship within the Godhead. This initiation is God generated and God executed. These feast established this truth. In the Jewish culture that had a civil new year or calendar and a spiritual new year or calendar. Based upon the selection the order of these feasts would be determined. In the spiritual year Passover is first. Let us use this calendar as reference.
Passover: Is God supplying a propitiation remedy to death. Christ is the fulfillment. God here does the work.
Unknown Breed: This is the type of removal from the sins of man. Christ again fulfills this type by His burial for 3 days.
First Fruits: This was fulfilled by Christ on resurrection day. He rose as the first over comer and the gateway for all who would follow.
Harvest: Pentecost, the Holy Spirit arrives to remind and confirm the witness of the work of Christ. Still man has contributed nothing to his salvation.
Trumpets: Here the blasting proclamation of redemption is heralded with silver trumpets. Now the complete work of Christ with the aid of the Holy Spirit makes its testimony known to man individually and collectively. Revelation happens in upon us. Interestingly this is the fifth feast in our order the number for grace. The gospel revealed is grace to mankind.
Atonement: This is our Sixth Feast and six being the number for man. Finally, the completed work of Christ has been revealed to us through the proclamation of redemption and we enter a valley of decision. Will we accept the loving invitation or reject. Will we take His atonement or face Him as a rebel? If the acceptance occurs our 7th Feast arrives.
Tabernacles: Dwelling with God. Not as creature/creator but in the intimacy of husband and wife.
This has been a very cursory review but a complete analysis would only not you greater revelation that Christ did all the work and any religion that demises or adds to this work. is ignorant of the nature, value, and potency of that work. 7 Feast proclaims the sole message of the goodness that Christ sought you out and made a way of provision to supply all you lacked.

Trust 12-14-09

If there has been any one thing I have desired to inculcate to your knowledge through this display of my life and Dorean in my blog writings is that God’s love is real and His person is trustworthy. Dorean has attracted very powerful enemies. Their evil intentions appear to be unimpeded. This perception can only come to these ignorant of God and His style and plan. The crucifixion under the same perception misses God’s involvement in addressing the nature of sin which destroys us. A loving Creator protecting His creation like parent would a child. This was not a wrath of vengeance but of purification. This one truth exposes all my critics who have judged me by their righteousness not of God. This purification is a foremost thought in all His loving acts. Dorean challenged money frauds. First it was the bonker’s fraud. Then, the moral fraud of the government, and in the clients. Last it challenges the spiritual fraud which causes you to misunderstand your suffering and the overall Dorean trail. If you were trying to get over on the banks your motives put you in check so you think Dorean is a punishment. If you think you’re good you can’t reconcile this suffering to your behavior so you blame me and question my integrity. If you are lazy you don’t study the issues to their logical conclusions and become apathetic and indifferent hoping only to survive the event. If you are well informed you may have concluded by the strength of the enemy you can’t fight city hall and want to distance yourself from the issues. The truth of the matter is everyone of these calculations and their variable are all fraud. The spiritual reality is that God’s motives are not measured by your knowledge of good and evil. He is a nurturing parent, a loyal friend, a brother, husband, and lover. Every relationship runs on the rails of love and trust. We have been created with this freewill capacity and desire so when God reveals His love towards us we can love Him back. Love must have trust. “The satanic presumption is that men and women cannot love God for His own sake.” Jesus showed us perfectly the way of trusting God’s love; “Father, into your hands I commend my spirit.” Admittedly I did not settle so easily into this peaceful state of well-being resting in a perfected love. But the more you do the more your understanding increases. I can clearly see Dorean as a love gift with many facets. The most important one being a gift of revelation of God’s love. Others are not the truth falling prey to the lie but the truth overcoming a myriad of lies. That His care was not absent through the suffering but the suffering was evidence of very profound care. That none of these events are outside of God’s care for me or the clients. That love always prevails. Oh that you would settle upon his love and pout away such foolish fears and phobias. Don’t take Jesus through your life, take a journey through His. This trust is justified by one extraordinary love proven in advance.

Have It Your Way 12-05-09

Coming into Christ was not that difficult once revelations came. My selfish soul had no problem accepting underserved benefits. No hell; check, prayer listener; check, meet all my needs; check, etc. This toddler of faith seems to be the greatest level of maturity among believers. Look at my critics; they only know a Jesus that will powder their ass. I don’t like Dorean, bitching clients, or my personal sacrifice and suffering. But relationships involve on another. What do they need, like, and desire? I know Jesus, and I love Jesus. Knowing Him and becoming more intimate is my greatest joy. The injustice I’ve suffered doesn’t hurt me as much as it offends me because my beloved hates it. In the federal prison they have a thing called UNICOR. This is a program of slave labor disguised for political reasons and moral rationalizations as a vocational training program. Prisoners for .20 to $1.20 hourly wages work on military contracts. It’s ironic our soldiers are pondered as freedom fighters of righteousness and truth in uniforms made by slaves. The government has a profit incentive to make out bogus crimes, stiff sentences, and hypocritical juridical processes. We all ignore and show these uncomfortable issues because we don’t give a damn about Christ’s interest. Our relationships are all for self-gratification. What I like about the evil that has befallen me is now I truly know what offends my beloved and can now enter into the fray to bless Him. That’s what love does to the other when it comes into contact with things that disturb or are important to their beloved. Stop with this toddler expectations and treating Jesus like some genie. Who cares what Jesus would do (WWJD). If you care about Jesus and what concerns Him the better questions is what would Jesus have me do? The answer for me is simple; oppose injustice, fraud, and with courageous faith diminish and defeat it so it cannot be so easily practiced. Oh, I thank God for Alsup in more ways than you can imagine.

Kurt's Legal Brief

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Nos. 08-10147, No. 08-10258 [consolidated]
District Court No. 05-cr-00611
UNITED STATES OF AMERICA
Plaintiff/Appellee
v.
KURT F. JOHNSON and DALE SCOTT HEINEMAN
Defendants/Appellants
Appeal From the United States District Court for the Northern District of
California, Honorable William H. Alsup, Judge Presiding
APPELLANTS’ SUPPLEMENTAL OPENING BRIEF1
KURT F. JOHNSON
Appellant/Defendant
FCI Herlong
P.O. Box 800
Herlong, CA 96113
DALE SCOTT HEINEMAN
Appellant/Defendant
FCI-1 Victorville
P.O. Box 5300
Adelanto, CA 92301
Filing Supplemental Brief Pro Se
1 Appellants’ Supplemental Brief is raising additional issues to be considered with the
issues raised in the previously-filed Opening Brief prepared by Counsel. Appellants
continue to be represented by Counsel in all other matters.
ii
TABLE OF CONTENTS
TABLE OF AUTHORITIES……………………………………………….vi
POEM………………………………………………………………………..1
ISSUES PRESENTED FOR REVIEW……………………………………...1
JURISDICTIONAL STATEMENT.……………………………………...…3
STATEMENT OF THE CASE.……………………………………………..2
STATEMENT OF FACTS……..…………………………………………....4
ARGUMENT………………………………………………………………..5
I. THE FRAUD STATUTES ARE VOID FOR VAGUENESS...5
A. The Fraud Statutes Are Void For Vagueness…………………5
B. The Vagueness in the Statutes Permitted the Trial Court to Use
Special Verdict Forms to Find Overt Acts………………..…13
II. THE DISTRICT COURT LOST JURISDICTION WHEN IT
VIOLATED THE SPEED TRIAL ACT…. ………………....14
A. Summary of Relevant Facts……………………………...…14
B. The District Court Violated the Speedy Trial Act………….15
CONCLUSION…………………………………………………………….16
Certificate of Compliance…………………………………………….……18
Circuit Rule 27-8.2 Statement.…………………………………………..…18
Certificate of Service…………………………………………………….…19
iii
TABLE OF AUTHORITIES
Federal Cases
Bank of Nova Scotia v. Kilpatrick,
487 U.S. 250 (1988)……………………………………………..…..14
Black v. United States,
__ U.S. __, 129 S.Ct. 2379 (2009)………………………………...….6
Bloate v. United States,
__ S.Ct. __, 2010 WL 757660 (U.S. Mar. 8, 2010)…………….…….8
Carlisle v. United States,
517 U.S. 416 (1996)…………………………………………………14
City of Chicago v. Morales,
527 U.S. 41 (1999)…………………………………………………....5
Cleveland v. United States,
531 U.S. 12 (2000)……………………………………………………6
Connally v. General Construction Co.,
269 U.S. 385 (1926)…………………………………………………..7
Durlan v. United States,
161 U.S. 306 (1896)…………………………………………...….6, 12
Fasulo v. United States,
272 U.S. 620 (1926)…………………………………………………..6
Grayned v. City of Rockford,
408 U.S. 104 (1972)…………………………………………………..7
Green v. United States,
365 U.S. 301 (1961)………………………………………………...13
Kolendar v. Lawson,
461 U.S. 352 (1983)…………………………………………….….5, 7
iv
McNally v. United States,
483 U.S. 350 (1987)…………………………………………………..6
Papchristou v. City of Jacksonville,
405 U.S. 156 (1972)……………………………………………….….7
Skilling v. United States,
__ U.S. __, 130 S.Ct. 393 (2009)…………………………………..6, 8
Smith v. Goguen,
415 U.S. 566 (1974)……………………………………………..1, 5, 7
Sorich v. United States,
__ U.S. __, 129 S.Ct. 1308 (2009)…………………………………6, 8
United States v. James,
432 F.2d 303 (5th Cir. 1970)………………………………………...14
United States v. Loud Hawk,
474 U.S. 302 (1986)…………………………………………………15
United States v. MacDonald,
456 U.S. 1 (1982)……………………………………………………15
United States v. Marion,
404 U.S. 307 (1971)…………………………………………………15
United States v. Reese,
92 U.S. 214 (1875)…………………………………………………6, 7
United States v. Rodriquez,
553 U.S. 377, 128 S.Ct. 1788 (2008)…………………………………2
United States v. Rush,
738 F.2d 497 (1st Cir. 1984)………………………………………...16
United States v. Spock,
416 F.2d 165 (1st Cir. 1969)…………………………………….13, 14
v
United States v. Thomas,
788 F.2d 1250 (7th Cir. 1986)……………………………………….16
United States v. Whitley,
529 F.3d 150 (2d Cir. 2008)…………………………………………..2
Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,
455 U.S. 489 (1982)…………………………………………………..7
Weyhrauch v. United States,
__ U.S. __, 129 S.Ct. 2863 (2009)……………………………………6
Zedner v. United States,
547 U.S. 489 (2006)…………………………………………………15
Federal Statutes
18 U.S.C. § 401(3)…………………………………………………………..3
18 U.S.C. § 1341…..…………...……………………………3, 4, 5, 7, 11, 13
18 U.S.C. § 1344…..…………...……………………………………………3
18 U.S.C. § 1346…..…………...………………………………………1, 6, 8
18 U.S.C. § 1349……………….………………………………3, 4, 5, 11, 13
18 U.S.C. § 2161…..…………...……………………………………………2
18 U.S.C. § 3231…..………………...………………………………………2
28 U.S.C. § 1291………….…………………………………………………3
28 U.S.C. § 2461(c)………….………………………………………………3
Federal Constitution
vi
SIXTH AMEND.……………………………………………………….……15
Federal Rules
FED. R. APP. P. 4(b)…………………………………………………………3
Miscellaneous
BLACK’S LAW DICTIONARY 831 (9th ed. 2009)………..…………………….8
M. Bassionuni, SUBSTANTIVE CRIMINAL LAW 53 (1978)………..…………..7
1
POETIC JUSTICE
Haiku, iambic pentameter, the sonnet are laws for poetry
rhyme and reason can also be binding
regulations upon creative imagination can be legalistic
but realistically can never be considered a judicial finding
Placement and selection of every word does a poem justice
misplacement and mis-selection of legal words does a man
injustice
Though a judge is authorized to regulate
he is bound by separation not to legislate
Imagination seems infinite to the creative thinker
while law seems finite to deal with finite creatures
the opposite is true for law must have an infinite source
or it is just imagination of course
If law is just a collective imagination of the mind
it will not be long before justice is a crime
Appellant Kurt Johnson, Poetic Justice (2010)
ISSUES PRESENTED FOR REVIEW
1. Void for Vagueness: Personal predilections, Lack of guidance, and
Standardless Sweep are all ingredients of a vague statute. The second
principle element of the vagueness doctrine involves the requirement
that congress establish minimal guideline to govern law enforcement.
When the guidelines are absent, a criminal statute may permit “[a]
standardless sweep [that] allows policemen, prosecutors, and juries to
pursue their personal predilections.” Smith v. Goguen, 415 U.S. 566,
575 (1974). Here Appellants Kurt F. Johnson (“Mr. Johnson”) and
Dale Scott Heineman (“Mr. Heineman”, collectively referred to as
“Appellants”) foster the term[s]: “Scheme or artifice to defraud”
permits the government, in this case, to pursue their own predilections
because there is simply no guidance providing a standardless sweep of
unincluded conduct. Take for example 28 U.S.C. § 1346 and the term
“includes” which is followed by “honest services.” When “include” is
utilized, the participle including typically indicates a partial list. Only
2
in the fraud statutes here contain no such list. Instead, the statute
leaves to the government a blank check to add words to the statute
despite the fact that the Supreme Court has recently condemned the
insertion of words into a statute as, not faithful to the statutory text.
See United States v. Whitley, 529 F.3d 150, 157 n.5 (2d Cir. 2008)
(quoting United States v. Rodriquez, 553 U.S. 377, 128 S.Ct. 1788,
1789 (2008)). Overall, the lack of guidance in 'Scheme or artifice to
defraud' allows the government to create an imaginary list of terms to
produce a federal crime with a standardless sweep of facts known
only to the prosecutor. As applied, are the fraud statutes here void for
vagueness?
2. Speedy Trial Act Violation: Did the district court lose jurisdiction to
prosecute this indictment in this case when it failed to observe the
Sixth Amendment as applied through 18 U.S.C. § 2161 et. seq.?
JURISDICTIONAL STATEMENT
Mr. Johnson and Mr. Heineman were charged by superseding
indictment with 68 felony criminal offenses in the Northern District of
California E.R. 211[Docket sheet, entry 14], which is a matter within the
jurisdiction of the United States District Court. See 18 U.S.C. § 3231. On
November 14, 2007, the jury found Appellants guilty of 35 counts. E.R. 19,
DS 525. On March 18, 2008, the district court entered a final judgment after
imposing a 300-month sentence on Mr. Johnson (a 240-month sentence on
the conspiracy count to run consecutively to the 20 months imposed on each
mail fraud count) and a 260-month sentence on Mr. Heineman (a 240-month
1 “E.R.” refers to Appellants’ Excerpts of Record, which were filed with
Appellants’ opening brief. References to the Docket Sheet will be labeled
“DS.”
3
sentence on the conspiracy count to run consecutively to 60-months imposed
on each mail fraud count). E.R. 3-4; E.R. 11–12. On March 18, 2008,
Appellants filed a timely notice of appeal pursuant to FED. R. APP. P. 4(b).
E.R. 1. This Court thus has jurisdiction to review Appellants’ appeal of the
district court’s final orders pursuant to 28 U.S.C. § 1291.
STATEMENT OF THE CASE
By a superseding indictment filed on February 16, 2006, in the United
States District Court, Northern District of California, Mr. Johnson and Mr.
Heineman were charged with 68 felony counts, involving one count of
conspiracy to commit mail fraud, wire fraud, and bank fraud (18 U.S.C. §
1349), 36 counts of mail fraud (18 U.S.C. § 1341), 26 counts of bank fraud
(18 U.S.C. § 1344), two counts of contempt of court (18 U.S.C. § 401(3)),
and three counts of forfeiture (28 U.S.C. § 2461(c)). E.R. 21–63. Prior to
trial, 26 Counts were dismissed by the Government. E.R. 537, G.E.R. 21.2
On October 15, 2007, Appellant’s jury trial commenced. DS 484.
On November 13, 2007, the Government dismissed with prejudice seven
additional counts (Counts 31, 32, 64–65, 66, 67, and 68). DS 517, 513. On
November 14, 2007, the jury found Mr. Johnson and Mr. Heineman guilty of
2 “G.E.R.” refers to the Government’s Excerpts of Record, which were filed
with the Government’s Answering Brief.
4
35 counts contained a special verdict form. E.R. 19, DS 525. In particular,
the jury rendered guilty verdicts with respect to one count of conspiracy (18
U.S.C. § 1349, Count 1) and 34 counts of mail fraud (18 U.S.C. § 1341,
Count 2–5, 8–14, 19–25, 33–34, 38–52) E.R. 19, Special Verdict Form, DS
531. With respect to Mr. Heineman, the Court imposed a 240-month
sentence for Count 1 to run consecutive to the 20-month sentence for the
mail fraud counts, for a total 260 month term. E.R. 11–12. With respect to
Mr. Johnson, the court imposed a 240-month sentence for Count 1 to run
consecutive to the 60-month sentence for the mail fraud counts, for a total
300 month term. E.R. 13–14. In addition, the Court assessed a special fine
of $3,500 and ordered both men, jointly and severally, to make restitution in
the amount of $512,911.63 to the victims. E.R. 7, 15.
On March 18, 2008, the district court entered a final judgment. E.R.
3, 11. On the same day, Mr. Johnson and Mr. Heineman filed a timely
notice of appeal. E.R. 1.
STATEMENT OF FACTS
In Appellants’ Opening Brief, they set forth a detailed statement of
facts. Appellants wish to respectfully incorporate by reference the statement
of facts into this Supplemental Brief.
//
5
ARGUMENT
I. THE FRAUD STATUTES ARE VOID FOR VAGUENESS
A. The Fraud Statutes Are Void For Vagueness
Title 18 U.S.C. § 1341 is void for vagueness. Title 18 U.S.C. § 1349
in that it is a predicated attachment that garners its elemental strength from
other fraud statutes as section 1341 in this case is likewise void for
vagueness. The structure of the argument by circumstance is in the nature of
first impression.
“A penal code is void for vagueness if it fails to ‘define the criminal
offense with sufficient definiteness that ordinary people can understand what
conduct is prohibited' or fails to establish guidelines to prevent 'arbitrary and
discriminatory enforcement' of the law.’” City of Chicago v. Morales, 527
U.S. 41, 64–65 (1999) (quoting Kolendar v. Lawson, 461 U.S. 352 (1983)).
Of these, “the more important aspect of the vagueness doctrine ‘is . . . the
requirement that the legislature establish minimal guidelines to govern law
enforcement.'' Id. at 358 (quoting Smith v. Goguen, 415 U.S. 566, 574
(1974)).
Notice to appellant is not raised because it is understood as likely
being automatic if the second and more important prong of the vagueness
doctrine is satisfied.
6
The government in this case has shown all the symptoms of a lack of
guidance along with the idea that Durlan v. United States, 161 U.S. 306
(1896) is still good law. “The statute is broader than is claimed. Its letter
show this: ‘Any Scheme or artifice to defraud’. . . In the light of this the
statute must be read, and so read it includes everything designed to defraud. .
.” Id. at 313 (emphasis added). Cases like Fasulo v. United States, 272 U.S.
620 (1926), McNally v. United States, 483 U.S. 350 (1987), and Cleveland v.
United States, 531 U.S. 12 (2000) have by now most certainly dispelled this
imagination.
Congress in response to the McNally case, fully enacted 18 U.S.C. §
1346 to further define “a scheme or artifice to defraud” to include honest
services. Whether they accomplished their goal is a question Justice Scalia
thought ripe for review in Sorich v. United States, __ U.S. __, 129 S.Ct.
1308 (2009) (Scalia, J., dissenting from denial of petition for certiorari) and
the Court has now taken up in Skilling v. United States, __ U.S. __, 130
S.Ct. 393 (2009) (granting petition for certiorari); Weyhrauch v. United
States, __ U.S. __, 129 S.Ct. 2863 (2009) (same); and Black v. United States,
__ U.S. __, 129 S.Ct. 2379 (2009) (same).
These concerns are nothing new as far back as United States v. Reese,
92 U.S. 214 (1875) the Supreme Court has recognized the dangers in a
7
vague penal statute. The statutes on this case, as applied, have no more than
a general meaning that permit the government “to cast a net large enough to
catch all possible offenders, and leave it to the courts to step inside and say
who could be rightfully detained, and who should be set at large.” Id. at
221.
The Constitution is designed to maximize individual freedoms within
a framework of ordered liberty. Statutory limitations on these freedoms are
examined for substantive authority and content as well as for definiteness or
certainty of expression. See generally M. Bassionuni, SUBSTANTIVE
CRIMINAL LAW 53 (1978). As generally stated:
The void-for-vagueness doctrine requires that a penal statute
define the criminal offense with sufficient definiteness the
ordinary people can understand what conduct is prohibited and
in a manner that does not encourage arbitrary and
discriminatory enforcement.
Kolender, 461 U.S. at 357. See also Village of Hoffman Estates v. Flipside,
Hoffman Estates, Inc., 455 U.S. 489 (1982); Smith v. Goguen, 415 U.S. 566
(1974); Grayned v. City of Rockford, 408 U.S. 104 (1972); Papchristou v.
City of Jacksonville, 405 U.S. 156 (1972); Connally v. General Construction
Co., 269 U.S. 385, 391–92 (1926) (citing cases).
Section 1346 added “Honest services” as a definite addition to be
included in an absent list with the controlling statute 18 U.S.C. § 1341.
8
“When 'include' is utilized, the participle including typically indicates a
partial list.” Bloate v. United States, __ S.Ct. __, 2010 WL 757660, at *13
(U.S. Mar. 8, 2010) (quoting BLACK’S LAW DICTIONARY 831 (9th ed. 2009)
(emphasis in Black’s Law). “A scheme or artifice to defraud” throughout
section 1346 supposedly clarified a particular elemental category, Congress
categorically ignored the fact that the list they were amending was blind to
law enforcement and that enforcement was left to their personal
predilections to divine a list. What we have is the hypothetical statute
prohibiting anything bad discussed by Justice Scalia during the oral
argument for Skillings operating in reality. See Skillings v. United States,
Oral Argument Transcript, pp 44 lns. 11–26.
“Though [section 1346] consists of only 28 words, the statute has
been invoked to impose criminal penalties upon a broad swath of behavior.”
Sorich, 129 S.Ct. at 1309 (Scalia, J., dissenting from denial of petition for
certiorari). Deputy Solicitor General Dreeben in oral arguments before the
Supreme Court in Black argued that the reach of section 1346 is to any act of
deception for personal gain. Even an employee calling in sick to attend a
ballgame would have been captured by the net of this statute for having
deprived his employer of honest services through fraud. Later in oral
arguments of Skilling, Dreeben changed his position to a more narrow
9
position of fiduciary obligations. In this case the Assistant United States
Attorney Hall (“AUSA Hall”) in direct examination adapting to testimonial
answers took his personal predilections to even a new theory that “honest
services” was now a property interest of the alleged victims.
The moving target of personal predilections free to roam in
standardless sweep in this case are not limited to this one shining example.
AUSA Keller alleges financial institutions as affected and controlling. See
E.R. 323–24 and being defined by the statute. By closing arguments AUSA
Hall has switched victims to “clients.” See E.R. 557, 560, 563. Then
patches up this change with an amalgamation theory. See E.R. 565. AUSA
Martin in closing does some more patchwork roaming on the definition of
financial institutions. See E.R. 655. Then by sentencing the allegations
have completely morphed into unnoticed and unimagined accusation on the
part of appellants by AUSA Martin. See E.R. 705, 726. Even the judge is
untethered by any guidance of the legislature when instructing the jury that
“banks” are simply irrelevant to their decision. See E.R. 665, 666. What is
relevant is really the unanswered question. Is the term “banks” now a
synonym of “financial institution”? Was this a word added to the test that
was faithful or unfaithful? Was it thrown out as a hook to reel in the
personal predilections of the jurors?
10
This case began when the sitting Judge Alsup referred Appellants to
the prosecutors out of a civil matter. Alsup functioning as a one-man grand
jury formulated a theory about Appellants’ conduct that fell easily within his
persona predilections interpreted through this “anything bad” fraud statute.
The FBI did a cut and paste investigation in deference to the rank of the
referral. They had no guidance from Congress to rein in another theory.
The probable cause affidavit of the lead investigator Agent Ernst was 90%
the words of Alsup. Now Appellants are secretly brought before a grand
jury. What was used to inflame them to indict? Were they instructed with
definiteness as to “scheme and artifice to defraud,” “Money,” “financial
institutions,” “Property,” and “victims” or were they seduced into their own
personal predilections being let loose upon the vast landscape of the
“anything bad” statute? Are they any different that the grand juries who
passed on the McNally and Cleveland indictments? From bark to core the
entire process was fundamentally flawed by, unknown to Appellants,
personal predilections. Which predilection was controlling and which
required a justified defense still remains a mystery to Appellants.
Throughout these proceedings Appellants were constantly informed by
various judges, magistrates, and prosecutors that “facts don't matter.” It was
not until absurd sentences were cast that Appellants could comprehend the
11
veracity of that statement. Facts don't matter because in the indiscriminate
net and trolling advantages of the government afloat upon the sea of process
can sell their haul to the appetites and predilections of any juror, law
enforcement, or judge out of the void unaddressed by Congress.
Title 18 U.S.C. §§ 1341 and 1349 as presently drafted and construed
by the courts, contain no construed by the courts, contain no standard of
determining what constitutes a scheme to defraud, or for that matter any
element applicable here that makes it a crime. As such, these statutes vest
virtually complete discretion in the hands of law enforcement, federal
prosecutors, and jurors following their personal predilections.
The problem with the lack of definiteness is not the missing
definitions per se but that due process cannot be obtained out of the
vagueness because law enforcement has not been able to implement any
standards of review that assure congressional intent governs. The courts
cannot continue to be asked to function as a piecemeal federal register where
each ruling clarifies another predilection false as an element of public policy
and procedures.
“Money”: credit is the postponement in payment of money, money
factually cannot be the postponement of itself. Is money a separate interest
and prong distinct from 'property' in this statute or are they merged?
12
“Financial institutions”: is a bank a financial institution under all
circumstances and in all forms? Is a ban the limiting definition of a financial
institution within this statute? “Property”: having qualities of tangibility
and transferability being in the possession of the victim can now become
intangible or another victim's? “Scheme or artifice to defraud”: is
Durland's everything bad interpretation the definitive guideline offered by
Congress? “Loans-mortgages”: are they a property interest, a money
interest, or added in a way faithful to the statutory text? “Debt elimination”:
finds its way into the prohibition textually or by predilection?
Regardless of these answers Appellants are basically foreclosed from
presenting any other arguments by the lack of guidance supplied by
Congress through these statutes. With not textual foundation from which to
launch fatal variance or constructive amendment to the accusation and
indictment how does one proceed? Where is the footing for causation and/or
reliance? Where does one stand on evidentiary issues and their sufficiency
when proof is packed upon a wandering dromedary in the parched desert of
predilection? Can one even ask if the 2002 amendment to this statute adding
financial institutions and disaster relief added new elements to create say an
“aggravated” mail fraud if the original statute fails to state an offense? Is
this statute a glorified run on sentence elucidating an overt act of use of
13
mails to some fraud crime not listed? The problem for Appellants is a twoedged
sword. On one side a very powerful and resourceful government is let
loose ungoverned to entertain its imaginary whims and equally sharp
Appellants are likewise unguided by any notice of prohibited acts,
governmental restraint, or accusations to defend. To raise any of these
arguments would be a circumvention and couched argument for vagueness
so they have all been laid subordinate to the over arching problem in this
case. Sections 1341 and 1349 fail to govern law enforcement or to provide
reasonable notice to an accused.
Regardless of this Court's ethical or moral assessment of Appellants
garnered from this record it should be noted, that “bad men, like good men,
are entitled to be tried and sentenced in accordance with law.” Green v.
United States, 365 U.S. 301, 309 (1961).
B. The Vagueness in the Statutes Permitted the Trial Court to Use
Special Verdict Forms to Find Overt Acts
It is Appellants position that vagueness in these statutes permitted the
trial court to create a procedure that does not exist in any statute, special
verdicts. Special verdicts pose a serious risk to criminal defendants, they
lead the jury through a “step by step . . . progression of questions[,] each of
which seems to require an answer unfavorable to the defendant, special
verdicts can coerce a reluctant juror to convict.” United States v. Spock, 416
14
F.2d 165, 182 (1st Cir. 1969); United States v. James, 432 F.2d 303, 307
(5th Cir. 1970). In fact, even though no federal court has “the power to
develop rules that circumvent or conflict with federal rules,” the vagueness
and lack of guidance provides the court in this case a way to circumvent
these decisions. Carlisle v. United States, 517 U.S. 416, 426 (1996); see
also Bank of Nova Scotia v. Kilpatrick, 487 U.S. 250, 255 (1988).
II. THE DISTRICT COURT LOST JURISDICTION WHEN IT
VIOLATED THE SPEED TRIAL ACT
A. Summary of Relevant Facts
Appellants were each taken into custody on related charges from the
State of Utah. Mr. Heineman on May 28, 2005 and Mr. Johnson on July 21,
2005. It is the position of Appellants that this state prosecution was a ruse
for mere tactical advantage for the Feds to take Appellants out of their
liberties while the motions to indict moved too slowly for the prosecution.
On September 22, 2005 a federal indictment was passed and made public
upon Appellants, and a federal detainer placed. At that time Utah's
usefulness had passed and an agreement with federal prosecutors was made
to have the state case dismissed on October 20, 2005. On that date at the
unction of federal prosecutors, a 60-day continuance was granted and the
case was dismissed on December 20, 2005. Appellants were now placed
into federal custody. On December 22, 2005, Appellants were taken before
15
magistrate Samuel Alba in the Utah District. Appellants have never left
federal custody since entering it. On or about February 9, 2006, Appellants
appeared in the Northern District of California where the indictment was
passed. While in court on February 17, 2006 a superseding indictment was
passed, made public, and served upon Appellants. 27 counts of the
indictment in final relativity carried forward. The first appearances before
any officer of the court that made any exclusionary finding upon the record
was Judge Alsup on March 3, 2006. A period of 74 days from the latest
attachment to the Sixth Amendment guarantee.
B. The District Court Violated the Speedy Trial Act
The Supreme Court has held that the Speedy Trial protection is more a
promise to the public than to the individual and therefore cannot be waived.
Zedner v. United States, 547 U.S. 489 (2006).
Where that right attaches to the individual has clearly been determined
to revolve around the deprivation of liberty interest. United States v.
Marion, 404 U.S. 307 (1971); see also United States v. Loud Hawk, 474
U.S. 302, 312 (1986), United States v. MacDonald, 456 U.S. 1, 8 (1982).
For Appellants that is December 20, 2005. But this right is not a precise
right that cannot be applied without some balance of the circumstance.
Though 74 days passed between federal custody and the first exclusion it
16
could be reasonably argued that the behavior of the federal prosecutor in
obtaining the 60-day extension before dismissal of the Utah charges did so
in a way that was a prejudicial circumvention of their duties and obligations
under the Sixth Amendment. Leaving behind whether the entire Utah case
was a puppet and master ruse to circumvent many rights and due process.
No motions were presented by either side during this period and to
Appellants’ knowledge no actions that would qualify for an automatic
exclusion transpired. This Court will find from the record that no exclusions
were made upon the record during this time frame in accordance with policy.
The 27 counts that were carried forward from the indictment to the
superceding indictment were not prosecuted within the protection and
provisions of law. The superseding indictment did not exempt the
government from its obligations at law to bring appellant to trial in a speedy
fashion. See United States v. Thomas, 788 F.2d 1250 (7th Cir. 1986), United
States v. Rush, 738 F.2d 497 (1st Cir. 1984).
CONCLUSION
The speedy trial protections of the Sixth Amendment were violated in
this case through no fault of Appellants. It is not their right to waive and the
burdens are clearly to be borne of the government. The 27 counts carried
forward should be dismissed in accordance with law. With or without
17
prejudice a product of this Court's discernment. The error is structural and
requires a dismissal and vacation of the relevant sentence.
The void-for-vagueness doctrine as applied in this case is fundamental
in that it completely undermined due process at every single stage of the
proceedings. The integrity, fairness, and confidence in the system was
always impaired, marred, and circumvented. What transpired in this case
shocked the conscience of reasonableness while pricking every restraining
barrier offered by the canons of constitutional avoidance. The convictions
should be vacated and Congress should be put on notice that they must speak
with clear guidance for law enforcement's benefit and for proper
adjudication.
In the end this court can separate the justice poetry can bring to words
and the justice words can bring to the law. In poetry the imagination is a
friend, at law predilections are a specter of injustice.
Dated: April 6, 2010 Respectfully submitted,
/s/ Kurt Johnson
Defendant-Appellant
/s/ Dale Scott Heineman
Defendant-Appellant
18
CERTIFICATE OF COMPLIANCE
We certify that: Pursuant to Fed. R. App. P. 32(a)(7)(B) & (C) and
Ninth Circuit Rule 32-1, the attached opening brief is proportionally spaced,
has a typeface of 14 points or more, and contains approximately 3,860
words, exclusive of the table of contents, table of authorities, and certificates
of counsel, which does not exceed the 14,000 word-limit.
CIRCUIT RULE 27-8 STATEMENT
Mr. Johnson and Mr. Heineman each filed a writ of habeas corpus in
the U.S. District Court, Northern District of California. The district court
denied Mr. Heineman’s habeas petition in case number 08-02462. Mr.
Johnson’s petition is still pending in case number 08-02461.
Mr. Johnson has not sought or received any bail, remains in custody
of the United States of America, and is located at the federal detention
facility in Herlong, California.
Mr. Heineman has not sought or received any bail, remains in custody
of the United States of America, and is located at the federal detention
facility in Adelanto, California.
Dated: April 6, 2010 Respectfully submitted,
/s/ Kurt Johnson
Defendant-Appellant
/s/ Dale Scott Heineman
Defendant-Appellant
19
CERTIFICATE OF SERVICE
I declare that I am over the age of eighteen (18) years and not a party to
the instant action. I am in good standing with the Ninth Circuit Court of
Appeals, the State Bar of California, and the State Bar of Oregon. My work
address is 1300 Clay Street, Suite 600, Oakland, CA 94612 and 256 Cajon
Street, Suite H, Redlands, CA 92373.
On the date-listed below, I served one copy of the attached document,
entitled Appellants’ Supplemental Opening Brief to the following
individuals:
Laurie K. Gray, Esquire, Assistant U.S. Attorney
Brigid S. Martin, Antitrust Division
450 Golden Gate Ave.
San Francisco, CA 94102
Email: laurie.kloster.gray@usdoj.gov
Email: brigid.martin@usdoj.gov
[ xx ] BY ELECTRONIC SERVICE. On the date listed below, I filed a
copy of the attached motion with the Court using the CM/ECF system. The
parties above who are registered CM/ECF users will be served by the
appellate CM/ECF system.
I declare under penalty of perjury that the foregoing is true and correct and
that this declaration was executed on April 6, 2010 in Redlands, California.
/s/ Kari Hong
LAW OFFICE OF KARI E. HONG
Appointed Attorney for Appellant
Dale Scott Heineman

A Father's Love, 12/3/09

I have the distinction of being the father of three children who neither respect or love me. My eldest son is Ethan Wade, my Daughter Shannon Michelle, and my youngest son Sean Travis. Life has been cruel and I did not have much time in their lives. Ethan was 3 1/2 when his mother moved away. After that my involvement can be measured in days. They probably have spent more time playing video games that with me. Sean came on this blog over a year ago to spit his venom and hatred. He is very ignorant of the events that have hurt him. Still, a father's love has not changed. This tragedy in my life has caused me to understand my Father God much better. My children reject and hate me without cause. Though I have a wealth of love for them, they run from it out of foolish pride. Even their sins do not move my heart to condemnation. Always do I desire the best for them. I am not troubled by their rejection, I am troubled by their pain. Though they can justify the rejection by their belief that I don't love them, factually this is a lie. Even the pain I experience from their behavior I do not charge to them. There is a special gracious standard applied to them that I don't apply to those who aren't my children.

I know there are only shadowy experiences in light of the revelation they lighten upon, but God is kind in using them as such. I have not always been a child enamored with my heavenly Father. Many times I have brought false accusations, misunderstood, and rejected Him. I have used my pain as an excuse to run from Him instead of to Him. Fortunately His lover never changed and His grace never brought a charge against me. In fact, every provision has been made to restore me to relationship. He is my example of a good father and I have too many examples of rebellious children to ever grow weary of thanksgiving for a Father's love.

The Call to Promise, 11/30/09

I wonder at the lack of faith in a man's heart. It is so easy when we are cast down to doubt our future. Also, to look upon others in desperate straits and to have no hope, even gloom imagined for them. That phrase "misery loves company" comes to mind. What a miserable lot we creatures are.

When I read the Word or converse with God, I run into a direct confrontation with a truth that opposes this spirit within me. To those who know not God this appears a vain optimism. To those in the know it is the everlasting arms reaching below your troubles to raise you to your promise.

Israel at the time of Isaiah was in terrible shape. They were pummeled on every side and without an inner hope. To this heart God speaks in Isaiah 51 six calls with their corresponding comforts. The underlying theme being, "I formed you out of a miracle (Isaac's birth), can I not restore?"

I know my call from death to a new birth was no less a miracle. Can I not be restored? Even if I were the evil man portrayed by my critics would by hope in Christ be in vain? Consider the evils Israel practiced for generations before they were destroyed by their lusts. What contempt they showed upon their beloved. Still with shameless love, He calls and reveals the blessings of a relationship with Him. Your ridicule seems to defy the character truth about the God you claim to know. Wouldn't my restoration to God be the best hope of justice? I know with me that Alsup's coming to know Christ and His character and to become subject to Him as master holds the most promise for me being restored out of his injustice. It truly makes sense to love our enemies and to pray for them. Hatred and desires for vengeance only show a lack of God's power and grace.

I am getting to an age where people I love are dying and going into eternal damnation. This is a sobering time. All the diversions and waste of time in one's life quickly add up into a taunt and rebuke. Nothing in this life has the value of one soul and yet souls are perishing all around us.

Dorean on the surface can be about economics, fraud and truth, or even hope, or vanity. But to me I find myself bound to a course of action that I envision having eternal import. Showing by my life the character of Christ by following His lead will be a revelation to some that changes the direction of their soul. It is a mystery why Christ can be so openly displayed and yet remain veiled to the majority. But to those to whom He reveals Himself, what a fountain of life! For you, for your soul, Christ makes his demands upon me. Am I injured by the cost of your witness? Most certainly not! Christ is a debtor to no man. He gives me Himself which is the comfort promised throughout the scriptures, including our text. It is the example with countless others that the promise made to your souls are true. God can and will restore to you more than you could ever lose. Do you hear the call to the promise?

The Naked Truth, 11/29/09

The apparel of blessing adorns me
though I am willing to be naked before you
All I possess is a gift of your grace
yet all I desire is to see your face.

Stripped down now without a regret
I only oppose for one single reason
Men must know that you are changeless and true
that whatever you speak you will do.

This prison can't hold me though I willingly stay
I could enjoy my life living this way
Only your promise bids me to leave
and its fulfillment just cause to believe.

For your glory, honor and praise I'm only content
when the way you prophesied it is the way it went.

Timeframe, 11/28/09

The schedule for the appeal court continues to push further into the future. The prosecutor had until December 6th to answer the original brief. The supplemental brief is due in January. Their response brief could chew up another 90 days. Once briefing is final, then they will probably go to oral arguments in another 60 days. A ruling generally comes down within 4-6 months but could take longer if complicated. Best case scenario looks like a ruling about October or November. There are 3 Supreme Court cases on this current calendar which most likely will be ruled on in the next 4-6 months. Each of these will clarify that the judge and prosecutor did not have the power they practiced upon me. We knew this back then and so did they, but rarely do they have to answer for their actions.
When I was a boy of nine I got caught shoplifting. In reality, I was more upset about the ramifications than the act. Stealing is wrong and an honest heart would be hurt by that violation more than just by getting caught. If I remained as morally foolish as I was at nine, what kind of man would I have become? The answer is not good, but even worse as there are at least two professions who seek and reward this immoral person. They may feel bad for getting caught, but none will be repentant. Adults as incompetent as children... what's the world becoming?

Beseeching (1-3-10)

The wrath of God used to run hot but times have changed. Though God is changeless the relationship with Him has changed. All relationships are not static but in constant flux. When speaking to Moses about the idolatrous nation God was angry yet soliciting Moses to beseech Him for mercy. (Es. 32 : 11,12) This situation after Christ can no longer exist because God's relationship to man had changed.

Still there is room for beseeching but of a very different breed. Mercy is a given having been completely dispensed through Christ. God's wrath no longer is enraged having been settled in Christ. Christ told us to ask the Father in His name. What is left to ask for since all provision has been supplied? To this I would answer opportunities of execution to be fulfilled. When we come upon sin Christ can address it. When we come upon sickness and death Christ can address it. When we come upon poverty Christ can address it presently with His completed work by a current body executing His power through faith.

Christ can touch on His own but using us as a conduit is beneficial to both parties. We take on His character and love and He receives a special glory from this exercise. It is part of our invitation into His life. A life to sweet for words. Greater in loving kindness than any imagination. So I beseech you brethren to trust the Lord to execute Himself through you at every opportunity.

The Red Carpet (12-30-09)

Red carpets are used to usher in guests of honor. This type could never be more true than for the Sons of God. One thing is clear about God's love is that it is stained with the shedding of crimson blood. Anyone who has had the privilege to be an invited guest has walked upon this precious treasure of a carpet satiated by an immeasurable love.

Though the course of this gauntlet called Dorean has been precarious my feet have ever been guided by this honor roll laid before me. Direction was enhanced from the certainty of His word to the Absolute of His love. It was impossible for me to get lost in this trial.

As a father one could only hope to prepare their children for life with such a confidence and understanding of love. It is true perfect love cast out fear. No matter the dangers feet standing upon such perfect love cannot falter or become concerned. the witness of this love forever settles that it is superior to any threat and soothes by its existence.

Dorean began for me by a promise. A promise larger than my life. I had to stretch and grow so I launched off with a 17 day fast. Jail was the next major change so I launched off with a 40 day fast. The trial was next so I constantly fasted. A 25 year sentence was the next stage so I fasted 21 days. Now as I write this the path of this carpet makes it clear that what all this expansion has been leading up to is right before me. The man called to exit this trial is a greater man than the one who entered. I do not boast of my fasting but since God chose to make my life public I choose to use it publicly. This current fast which will be completed by this post was to expand my intimacy and to allow myself to walk naked as it were through the transition made obvious by this course of love. God's plans definitely want me to be made a treasure of His love to all of you. I see a red carpet being laid out for all of you and to this I want to be a party.

The Atlas Colony - 11/27/09

This story comes to me of myth and legend. As to the historical truth, I have no way to verify, but as to the truth taught by the story I am convinced.

There was a great leader in a colony of ants whose name was Alsup (mere coincidence). He was a judge considered very wise and authoritative. All the ants revered his opinion. He reasoned one day that ants as a species were too divided and that under a unification, they could dominate the world. The key was to inspire all to a hope of gain. "It is true that we ants are of all creatures the greatest in number and in strength," he began his speech. "I am convinced if we united in a common goal nothing can stop us. Even God would take notice of us and we can change our station. No longer shall we be viewed as the insignificant, but as a will that must be recognized. I believe if we combine our strength and numbers to move the continents, who could stop us?" One of the other leaders interjected, "Did man not attempt something of this import with the Tower of Babel?" "Our plan is not the same; they wanted to become God's master and we only desire to become our own and to convince God by our feats that we are worthy of a status change. They are weaker than us physically and in that their wills cannot remain unified as ours. My proposal is that we all migrate, under earth to avoid detection, to the San Andreas Fault just north of Simi Valley. There we will use all our combined strength and effort to push the continent apart. We will push west until a new continent is formed and dominated by us. Men will fear and respect us because they will recognize our power to change their lives. God will see all we accomplished and treat us as we deserve."

God did take notice of their pride. Their plan were stealthy to every other creature. Soon all were amassed into what became known as the Atlas Colony. With one accord they began to push west with all their might on the west side of the fault.

In the heavens God was seen laughing at their foolish endeavor. An ant was in the station of being an ant based on superior will and knowledge they could never comprehend. They were not the first creatures to proudly make demands upon God, nor would they be the last. God laughed, but was also offended and decided a course of action. He commanded that the fault part.

On earth, or in earth I should say, the movement was immediately assumed a sign of success. A great cheer went up. The ants were changing one of God's laws and He would honor them for their joint efforts. The earth moving caused more than half the colony to fall down into the new crevasse. It was no issue for the ants who were master of this domain. They simply remained pushing from their new location. At that time, God commanded the fault to close. Violently and rapidly it closed, crushing all that fell within it. A horror shook the colony and destroyed their resolve. Alsup was forever shamed and the ants swore never to join their colonies again.

God laughed because His laws are irrefutable and irrevocable and because every attempt to annul one is as insignificant as the proud ant. Regardless of the humor, justice will always prevail and those who want to put the world on their shoulder will never avail. On earth a small quake was felt but in heaven only the rumble of laughter.