April 11, 2012
URGENT: Read the Judge's Question that the Fed's Couldn't Answer!
By James Wilson

MOST DAYS you hear from, Inc. Today's message is from the Downsize DC Foundation.

Wait until you hear what a Judge asked in an NDAA case and what happened because the Federal lawyers COULDN'T ANSWER! Here's the deal . . .

We face danger and opportunity. If we act immediately we can impact a huge court case involving the National Defense Authorization Act of 2011 (NDAA). A Pulitzer Prize winning journalist is challenging bad provisions of the NDAA in court, and he needs our immediate help. Our attorneys are prepared to act. Are you?

We've written about NDAA many times, explaining how it . . .

In fact, it makes the whole world, including your street, a battlefield. The President can even single you out to live under martial law.

We've also shown how Congress is lying about this bill. That's why the Downsize DC Foundation and, Inc. have commissioned a legal memo to refute Congress's lies.

We and our attorneys have also worked with Delegate Bob Marshall of Virginia to pass a bill prohibiting Virginia officals from cooperating with these kidnapping provisions.

All of this has prepared our attorneys to file an Amicus brief in a very important case. But things have moved more quickly than anticipated. THE BRIEF IS DUE THIS FRIDAY.

Much of their research is already done, so this tight deadline is possible.

The lead plaintiff is Pulitzer Prize winning reporter Chris Hedges.

Hedges is a special plaintiff. He's arguing that this law is uniquely designed to kidnap and silence reporters like him. After all, he's embedded himself in hot zones around the world. He's met with enemies of the Federal State. He's interviewed people on the Most Wanted lists of various federal agencies. Under the law, one could suggest he has "coordinated" with these enemies of The State.

The bill's incredibly vague description of "covered persons" convinces him (and us) that reporters COULD be arrested by the military, right here at home. They COULD be denied due process. They COULD be subject to a military tribunal, instead of an Article III court. It's even possible that reporters could be "disappeared," and never heard from again.

Because no actual harm has yet come to Hedges, he lacks "standing." The Federal State moved to dismiss the case. The dismissal should've been almost automatic. But the Judge asked a simple question . . . 

"Are you telling me that no US citizen can be detained under 1021?" 

After all, the liars in Congress have repeatedly told us Americans are exempt. But guess what? The U.S. Government did NOT directly respond to the Judge's question. They basically ignored it.

The silence was deafening. Could they not, easily, refute Hedge's claim? The Fed's muteness appears to have persuaded the Judge that this case should be briefed, by both sides. She wants to entertain arguments from both sides on whether or not this law is eligible for a facial challenge.

This is a rare event. It means we have an opportunity.

 1) The plaintiffs invited us to submit an amicus brief.
 2) Our brief is likely to be the ONLY amicus brief filed at this early stage of the case.

Thanks to the almost complete legal memo you funded and the work done on behalf of Bob Marshall, our lawyers are well-prepared to quickly assemble the brief. In fact . . .

  • I've seen the background material on the five arguments we want to make.
  • One of our attorneys, Bill Olson, just told me we have something unique to offer -- stuff that won't be heard unless we submit it.

And, remember, time is of the essence because the brief is due Friday!

To get this brief completed, we'll have partners. But we need to do our part.

Briefs cost money and we also need to continue to meet our ongoing obligations. Therefore . . .

Now, I took a risk! The work on this brief began as soon as I got off the phone. I knew I could count on at least one person reading this to make a four-figure contribution. I also had confidence that 60 people reading this would care enough to make sure this brief became reality.

And it helps that donations to the Downsize DC FOUNDATION are TAX-DEDUCTIBLE.

On our secure contribution form you'll see that we accept . . .

  • Visa
  • MasterCard
  • Discover
  • American Express
  • And there's even a form for mailing a check

If you choose this last option, please hit Reply to this message. Let us know what amount you're dropping in the mail, so we can include you in the count before Friday.

Downsize DC Foundation also accepts stocks and appreciated securities -- a great way to save on capital gains tax. Hit Reply, and give us your phone number, if you'd like to give in this way. 

Everyone who contributes to assist with this project, by Saturday, will get the completed amicus brief delivered into their email inbox, so long as we have an email address to which we can send the link.

This is important. We don't want this case dismissed before it starts. We don't want to fail because our arguments were missing in action, do we?

Please, invest generously, right now.

Jim Babka
Downsize DC Foundation

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