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Topics relate to adult business, the War on Drugs, political prosecutions, censorship, and police, prosecutorial, and judicial misconduct

Smiling Faces - The Undisputed Truth

Thursday, January 26, 2012

Paul Bergrin Prosecutors are Judge Shopping

Federal prosecutors in Newark want to have it their way and swap the fair and impartial US District Judge William J. Martini for a more prosecution friendly judge that helps in the quest to railroad Paul Bergrin. Hopefully the US Third Circuit Court of Appeals will send them the message that this ain't Burger King and they can't have it their way.

So which specific judge do prosecutors want on the Paul Bergrin trials in the future? Perhaps one that will be happy about receiving a Christmas card from an AUSA while deciding how to rule in relation to the next trial, shut-up about it, and rule it their way. They need a wink and nod judge at this point if the laughable evidence from the last trial bears any similarity to evidence in future trials. The main question that I have is: Who are the contenders for the position?

This is an odd group of federal prosecutors. They claimed solid evidence in the last trial, but produced only a lengthy parade of convicted felons exchanging testimony for sentence reductions and jailhouse informants that witnessed nothing at all seeking the same. If the evidence is solid then prosecutors should have nothing to fear; however, that is the main problem with the last trial: Prosecutors refuse to admit they had no actual evidence of anything. As if each actually believes every word stated by each so-called witness. As if! That in itself is laughable, or they're all dumb as dirt. Which is it? Of course there's the other possibility... that the convicted felons were each instructed and coached on wording prior to testimony, even though it was a big fail.

As it turns out, Lawrence Lustberg has really come through for Paul Bergrin. I owe the man an apology as I really do not know what transpired in that other case I mentioned in a previous post. Just because a defendant is not guilty and takes a plea deal doesn't mean that it had anything at all to do with the attorney. Perhaps it was a simple case of the price is right.

Yes, if the evidence in the next trial has any similarity at all to the evidence of the last trial, well, federal prosecutors do need to judge shop. I consider Judge Martini to be impartial and even feel that he sided with prosecutors on certain points. There are judges that would have acquitted Paul Bergrin and not just discussed it and considered it. The truth is that there should have been an acquittal on all counts. The simple fact is that there was no evidence.

So now we all wait for the ruling from the appeals court and eventually find out if federal prosecutors get to have it their way. Sore losers that they are, it is unlikely to stop at the appeals court if they do not get the opportunity to judge shop. This group has it in for Paul Bergrin, obviously, as they've already made too many deals with the devils (many of them) in this pursuit. The only remaining question is how far will they go?

I think they want a show trial.

Source article by Jason Grant with The Star-Ledger:

Tuesday, January 17, 2012

Taking a Stand Against SOPA and PIPA

As a party that holds numerous copyright registrations and is in-process of registering additional material, my opinion should count when it comes to the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA). However, the response from Senator Bill Nelson (Florida) could easily be summarized as:

It's all good. We know what's best for you and you really don't know a damn thing about it. I'm going to vote where the money is and it is overwhelmingly in support of PIPA. So go bake a cake or do something useful.

A main issue that I have with the SOPA and PIPA legislation is that it gives our government agencies such as the Department of Justice (DOJ), Department of Homeland Security (DHS), and Immigration and Customs Enforcement (ICE) even more power than each already holds. As a copyright holder, I am more than capable of sending out a DMCA (Digital Millennium Copyright Act) takedown notice and have done so in past. I do not need or want the US government to have the ability to block the offending party's domains and initiate prosecution. Thanks, but no thanks – I'll pass.

As a blogger that often posts YouTube music videos I am also on the other side of that street and am well aware that the SOPA and PIPA legislation could serve as a platform to remove and/or block this blog, my other blogs, and my websites and prosecute me.

Any copyright holder of the music in a particular YouTube must only contact Google and request that it be removed or embedding be blocked. Many copyright holders do precisely that. I had a YouTube on my Blueprint Blog a couple of days ago that stated, “This content is not available in your country,” or something close to that when I returned to change it the following day. An example of embedding disabled is the Haddaway YouTube, “What is Love” found HERE. I love that video, but can't post it on this blog as it states, “embedding disabled by request”. So as you see, this is a simple solution for copyright holders.

So what in the hell is the Problem?

Well, the backers of the PIPA and SOPA legislation will slam you with all sorts of twisted reasoning about why we need these bills to pass, but the truth of the matter is that the laws will be abused and used to remove and/or block blogs such as this one. Consider what they managed to do with the PATRIOT Act long ago. As an early victim of the PATRIOT legislation passed in October of 2001, trust me when I tell you that they used it to eliminate the Fourth Amendment protections of many citizens. I was far from alone.

When the backers respond that this thesis of defense is all hype, just remember the PATRIOT Act, which I actually read shortly after it passed, unlike the dazed representatives that voted to pass it. Thanks, but I will pass on my government protecting me from pirates in other countries and anything else for that matter. They taught me long ago that they are the perpetrators, not the protectors.

As a writer with numerous registered copyrights, I am the alleged victim that they claim to help with this legislation and I want you to fight them all the way to the courthouse steps. Wikipedia, Reddit, Mozilla, WordPress, and Boing Boing will be implementing a blackout of all websites at 12 midnight EST (Washington DC time) on 18 January, 2012. That is tonight at midnight and it will be in effect for 24 hours. Contact Google, Twitter, Yahoo!, and Bing and request that each support this blackout also!

Now, Senator Bill Nelson of Florida, since I have published my viewpoint, I think I will go bake that fucking cake. Thanks for nothing as usual.

Before I leave here, just in case the legislation does pass at some point, you may want to know about the MAFIAA Fire Redirector: MAFIAA

For more information from the Electronic Frontier Foundation: Setting the Record Straight on SOPA: Some Evidence-Based Analysis