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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

Friday, September 28, 2012

Drug War Failure: The Case of James Martin Malone

While researching in PACER last night I decided to download numerous documents in the James Martin Malone case. Malone was a fugitive for 22 years and lived in Ecuador until his arrest earlier this year. He originally went to trial in the case, but fled before the trial was over and the jury acquitted him on one count and convicted him on the other. On 26 September 2012, he was sentenced to 262 months (almost 22 years) in federal prison.

Here is a man that lived a productive and peaceful life in Ecuador for almost 22 years while a fugitive only to be brought back to the US at great expense to be incarcerated for the next 20+ years at an even greater expense. I am curious how much money was spent to arrest and extradite Malone to the US. There should be an accounting of expenditures for all of those involved. If you read Drug War Profiteers not the usual suspects, then you'll have an idea where all of the money ended-up.

James Martin Malone had a relatively minor role in a case sensationalized to support a government agenda. In short, he was a part of a set-up by a DEA confidential informant (CI). To understand his actual part, refer to pages 5-6 in this document:

If you have read the relevant two pages, you're now aware that Malone did not actually import the cocaine and had no part in the importation. His co-defendant in the case and the CI were the importers and Malone just picked-up his co-defendant at the marina, some of the cocaine was loaded into his trunk, and then they drove to the co-defendant's home. He was arrested the following day. Basically, Malone was just a driver that transported the co-defendant and his drugs to a residence.

Somehow the government managed to justify charging Malone with conspiracy to import cocaine. If actually importing the cocaine there is a 20 year mandatory minimum sentence. The statute reads 20 to life for the particular count of importing cocaine, but Malone was acquitted in trial on that. The jury verdict never attributed a specific amount of cocaine to Malone and that alone should eliminate the 20 year sentence. It is possible that the sentence will be overturned on appeal, but if it is not, it's probable that Malone will die in a US prison.

I have seen far too many of these mandatory minimum drug conspiracy cases to remain silent and have been a supporter of Families Against Mandatory Minimums (FAMM) since its inception in the early 1990s. Often it is the low-level participant that ends-up with the most serious sentence. Participants at higher levels usually have enough information and assistance to exchange for much better deals.

In this case, there is little doubt that the CI was caught-up in his own serious charges and turned informant, setting-up an unknown number of people for the agents. There is no CI named in any of the documents and never will be; however, the entire scenario fits a CI that I used to know. All of the elements are there: the year of 1989; Moore's Island in the Bahamas; transported to a Miami marina.

The CI that I used to know (long story) was working for the DEA in Miami and setting-up people to import cocaine from Moore's Island area in the Bahamas to Miami via cigarette boats. Remember those? He had been busted in the Bahamas in a messy case involving a freighter commissioned by a group of Colombians and faced a life sentence when he began working with the DEA. Of course he took everyone down with him, and a couple are serving life sentences. In the end and as a result of his substantial assistance, he served just under 10 years in a US prison under an alias.

So anyway, here is James Martin Malone living a peaceful life in Montanita, Ecuador with his wife and now adult child when he was arrested. There are numerous letters in support for Malone in the case file and he was a family man, entrepreneurial business owner, contractor, and often helped the indigenous people in the area. The man was a peaceful surfer. Now he is remanded into custody to live the rest of his life in a US prison, unless the sentence is overturned on appeal, but even then there's little doubt that he would face at least 10 years.

This case elicits various emotions including sadness and anger. Malone is far from alone. The US War on Drugs has, undoubtedly, sucked more lives down the proverbial drain than there are deaths as a result of using those drugs. The so-called cure is far worse than the problem.

Updated on 9 November 2012 @3am:  Mr. Malone (Martin) has contacted me. He has a blog set-up by his family with his contact information for friends that wish to contact him: James Martin Malone

Martin is currently in a federal facility in downtown Miami, but expects to be transferred in the next week or two to a Central Florida facility. If you want to contact him via snail mail, it is best to wait until the transfer is complete. I will update this post and I'm sure the information will be posted on Martin's blog as well.

Monday, September 24, 2012

The Truth about the Plight of Julian Assange

The main reason for this post is to discuss the probability that there is a sealed indictment with Julian Assange's name on it in Alexandria, Virginia. I want the unaware to understand how the system truly works in the US and what is unique about Alexandria and the Eastern District of Virginia. However, the allegations in Sweden must be addressed first to understand the implications.

The Allegations in Sweden

I will summarize the allegations in Sweden with the following statement, quoted from an article in The Guardian dated 17 December 2010:

"By Friday 20 August, Miss W had texted Miss A looking for help in finding Assange. The two women met and compared stories."

Take that simple, but important, statement and the understanding that Assange was seen in public with each of these women after the alleged acts occurred. There may indeed have been a broken condom - this happens sometimes when adults have sex and could not possibly be considered to be the fault of either person. I have no knowledge of Swedish laws, but I do know that when two alleged witnesses meet and compare stories, no good can come of it, especially when both were smitten with the target.

Each most likely believed that she was special in his eyes and had started a blossoming relationship, though in reality, he was a man that just had sex and nothing more. Each felt wronged and here we are. I can sympathize with the women for being tossed aside by him; however, have no sympathy for either making a police report about it. Yes, he used you - just move on and get beyond it.

What happens in Alexandria stays in Alexandria

The first case and prosecution out of Alexandria, Virginia that comes to mind is the malicious pursuit of Dr. Sami Al-Arian. A plea deal made by the DOJ in the Middle District of Florida that included the agreement and understanding that Al-Arian would not be a witness in other cases was violated by the government in attempt to force him to testify in a case in Alexandria, Virginia. As far as I am aware, he is still on house arrest as a result of his refusal to testify. The stated defense from prosecutors is that this plea deal was made in a different district. So that means a plea deal in one district is worthless in another even though in both it is a DOJ prosecution.

We can't forget Jennifer Churchill, the photoshop lady, from the Classy DC Escorts case. She was charged with a racketeering count in the Eastern District of Virginia (Alexandria). What did she do? She edited photos of escorts that were sent to her in email by the owner of Classy DC. She then returned the edited photos to him. She lives in California and otherwise had nothing to do with this business. When the government agents raided her home, they took everything electronic - smartphones, Mac, PC etc... There was so much so-called evidence to sift through that it took the feds months.

What did Churchill make for editing photos for Classy DC? She was paid under $500 via PayPal over the course of longer than a year. For this, these fucking idiots confiscated her property and dragged her from her California home in front of a judge in Alexandria. Yes, eventually she made the deal of a lifetime, but only because of her attorney, and it was not voluntary on the government's part. They had little choice. She was ready and willing to go to trial.

Of course we cannot omit the Kim Dotcom et al. prosecution in the Eastern District of Virginia (Alexandria). Defendant Megaupload recently filed a Motion to Dismiss in the case and a Memorandum of Law. The DOJ filed an opposition Memorandum of Law on 3 August 2012. Included in this opposition motion are various documents from a FARC (Revolutionary Armed Forces of Colombia) prosecution and in fact, these documents begin on page 6 and end on page 21, at the end of the motion. This document is currently posted on my website, mainly because it shocked me:

Realize that the government is using the model of a terrorist prosecution to go after Kim Dotcom, Megaupload, and the various other defendants. I have no clue if FARC is actually any sort of terrorist organization or not as there are too many conflicting reports, but according to the US government, it is.

While I think that most readers of this blog know that I do not appreciate intellectual property theft or distribution of the intellectual property of another without permission, I also feel that the criminal case is absurd. Let's face it: This prosecution has nothing at all to do with anything except demands by the MPAA and RIAA. They do not give a rat's ass about the independent or the little guy. I also seriously doubt that the artists represented by either organization sanction this criminal prosecution, at least not the majority. The case is a joke and at the least, the criminal prosecution should be dismissed.

Back to Julian Assange

The guy is a journalist and Wikileaks is a whistleblower website, no matter how you attempt to paint the picture. Bradley Manning is accused of uploading documents to the whistleblower website. Because of this, the stupid majority in the US want to see Julian Assange executed on a street or tried in an Alexandria, Virginia courtroom or lost in a US black site prison camp somewhere in the world. If brought to the US, Assange would never make it to trial.

A Close Look at Alexandria

What sort of person sits on a grand jury in Alexandria, Virginia? Some are retired military with lucrative jobs in the defense sector. Some are US government contractors. Some are in one branch or another of the US military. The great majority are bought and paid for by the US government.

What entity was most offended by the Wikileaks documents published? The answer, of course, is the US government. Agents and actors of the government have done anything possible to suppress the circulation of these documents. Is there anyone out there that actually believes that Anti Leaks is a bunch of script kiddies or renegade hackers in support of the government? Well, considering that the Anti Leaks Twitter account had a mere 48 tweets the last time I looked and a couple stated, "Semper Fi" and "tango down," you'd have a hard time supporting that argument.

In conclusion, there are baseless unspecific allegations against Assange and no actual charges, yet officials in Sweden refuse any sort of compromise in their quest to interview Julian Assange. I'd say that he has a hell of a sealed indictment awaiting him. There are certainly people that are aware of this indictment by the grand jury convened to investigate Wikileaks specifically.

Besides, anyone with any knowledge of legal proceedings in the US, is well-aware that a grand jury will indict a ham sandwich. Grand juries always err in favor of prosecutors and defense attorneys have no representation or ability to speak in such proceedings. It's a gathering of pro-prosecution people that have no issue with indicting someone that edits photos using photoshop for an adult business. What do you really think was done in Assange's situation? 

Would they indict the photoshop lady and not Julian Assange?

Tuesday, September 11, 2012

September 11 and the War on Terror: Reflections and Thoughts

It was shortly after September 11, 2001, when I chose to close my business, Valentine's Orlando Escorts. I made this decision mainly because I was all too aware of the future of government surveillance. I could foresee a PATRIOT Act wherein agents of our government, state and federal, could easily make an end-run around the Fourth Amendment to justify any type of search and any method of surveillance. I knew I was on a hit list and indeed I was correct.

My arrest came more than two entire months after I closed the business, yet to this day there are statements on the MBI website that include a nefarious claim that the agency closed it. Still, to this day, I am painted as the villain in the malicious prosecution and false arrest based on the clear and obvious lies of a criminal informant trying to escape her own valid prosecution. Also to this day, I am pursued by the losers in the case as if it were eleven years ago and I was still in business.

PATRIOT Act Passes

You may know me as someone that rarely bothers to mince words and states exactly what I think. I used to be even more forthright with my thoughts, believe it or not. In this land of the free, the outspoken are not viewed with kindness, especially when they express thoughts deemed unacceptable by mainstream America.

My thoughts expressed both before and after September 11, 2001, have placed me on one or another agency's hit list. After PATRIOT passed: They attached a GPS tracking device to my vehicle without warrant or court order, long before any court ruled on specific uses available to government agencies. When they did it, it was definitely illegal. They went digging in my backyard and they screwed with my telephone lines. Hell, they broke into my home at least twice when I was not home and without any warrant or court order.

In October of 2001, when the PATRIOT Act was passed and it became known that few representatives that voted for it had even read it, I was appalled. I read it and for law enforcement around the country it was like a wish-list filled in its entirety. Suddenly, making an end-run around the Fourth Amendment was easy. What Fourth Amendment? There was no such thing for the most part as all of its intended protections for the people were gone forever.

More recently I was approached by a woman I called Kendall in the Memoirs book. Although she claimed to have never heard of Paul Bergrin, she tracked me down to a article about Bergrin wherein I had exchanged a couple of comments with a friend in NJ. She used an alias Facebook account and left an email address, begging me to contact her. I did.

As it was explained to me, a former MBI agent supposedly had documents that involved me and the case against me that he wanted to give me. The particular agent was someone that she had an affair with. The affair was something I knew about for many years - like back to 1994. After many conversations it was made clear to me that this agent would only give me the documents in person. I requested a specific list of the documents. I feared meeting with him. When he refused to send a list over, all bets were off for me.

The particular agent had some involvement in my case, but his specialty was surveillance for the drug unit of MBI and not vice and organized crime. He has long since been retired and in business for himself, but I did see him around my home before and after my arrest. Back then he had long hair. Today he wears his hair short, but it is the same man that lurked around my house and even knocked on the door once prior to my arrest. I believe it was an attempt at what MBI refers to as a "knock and talk," but he sure as hell didn't get invited in. So I did see him up close and recognized him when I found a recent photo after I was contacted. No amount of denial from any former agent will change that. Yes, one retired agent contacted me and claimed it just was not so... Yeah buddy. To be fair, I believe the retired agent that contacted me was clueless on all of it - the surveillance before and after arrest and the recent contact in reference to the documents.

Where were you on September 11, 2001?

In the early morning on that fateful day that would change life as we all knew it, I was trading and choosing stocks for the day in Nasdaq after-hours trading. I had a streaming ticker of my main list of stock picks in front of me and was closely watching bid/ask when the tickers slowly stopped moving. No buys or sells were taking place. I could hear CNBC in the background and knew that something was wrong. I walked into the living room and saw the scene unfolding live on television. It went on and on. Where was NORAD?

Obviously NORAD was nowhere to be found. If my father had been alive, it would have raised his eyebrows to say the least. People used to tell me that I look just like my father, I thought like my father, and I was a younger female version of my father. My father used to tell me that I was a rebel without a cause, but that one day I would have a cause. Boy was he right. He died too young. No one ever told me that I was anything like my mother.

My Past Connections

My parents were both career USAF, though my mother had to get out to have me (the rules were different back in 1960) and then rejoin later. They divorced when my father refused to volunteer to go to Vietnam years later. She was always the saluting patriot. He would tell me in later years that I should ignore much of what she said because they had brainwashed her. He stated it in a matter of fact voice and point blank. He meant it, for sure. He also told me to never, ever leave my son alone with her. I did once and got the point quickly as I drove 90mph back to pick him up.

I have no idea what they did to her, but I do remember when she disappeared. Today she doesn't recall anything at all about her service. Back when she did remember everything, I would try to discreetly question her, though it always resulted in her freaking out on me.

In my mother's later years, she was one of the few women commanders of the VFW. No, not the Ladies Auxiliary, but the VFW. She did that until one day when she called me confused about money missing from the post. Someone had convinced her to sign a bunch of blank checks and then used them for all sorts of crap. I made sure that no one would pursue her over it and talked her into dumping the VFW. That post closed long ago, but she's still a lifetime member.

My father was personal driver to several SACEURs (Supreme Allied Commander Europe), including USAF General Lauris Norstad, US Army General Lyman Lemnitzer, and US Army General Andrew Goodpaster. General Lemnitzer was the Chairman of the Joint Chiefs of Staff until JFK discovered Operation Northwoods and sent him to the European Command. My father always spoke highly of Lemnitzer, though less so of Norstad., and especially Norstad's wife I have all sorts of memorabilia, personal letters, and personal photos from this time.

If I buy a scanner I will probably post some of it online. I tried to buy an all-in-one printer that included a scanner almost a year ago, but got the damn thing home from Walmart and could not piece it together. Really it was the top to the scanner that wouldn't attach. I brought it back to Walmart in its many pieces. So if I can find one that is already together, I'll try again. They sure didn't used to make them like they do today. Pure junk.

Actually both of their careers went beyond the military. My father was working for a contractor out of Washington DC and lived in Moscow and in Helsinki for some time, up until late 1989. My father was in charge of securing the building materials from electronic bugs when they rebuilt the U.S. Embassy in Moscow after the USMC scandal. I recall something about them having to bring-in the building materials from elsewhere as when it was first rebuilt there were bugs in the materials. Remember that sex and spy scandal?

I do not consider myself unAmerican

To question what our government does should never be considered unAmerican or unpatriotic. Yet these days I have been labeled as such because of my support for Brad Manning. Well hell, the banner is in your face when you come to this blog to read what I write. Let's not pretend I hide my support, right? 

Brad Manning saw something really wrong and he is accused of doing something about it and leaking top secret documents to Wikileaks. Manning is the hero in my eyes and not the many that ignored the illegal acts and even participated. Did you see the Collateral Damage video? I did. How can anyone claim that the behavior of the US military participants is acceptable? I will admit that I do not get it.

As far as Julian Assange is concerned, it looks like he is experiencing the set-up of anyone's lifetime. To claim that there is not any sealed indictment in Eastern District of Virginia is absurd. Hell, they indicted Jennifer Churchill for editing images with Photoshop for Classy DC Escorts. Do you really think there is a chance in hell that they didn't indict Assange?

Before you answer, consider the level of embarrassment that was experienced by so many governments, but especially the US, over the leaks. Do not forget to consider the many representatives of the US government and citizens that have called for his head on a platter. I truly hope he makes it to Ecuador; however, I seriously doubt that he will stay alive for long there.

So if my support for Brad Manning makes me a traitor as some claim, then what does that make the perps that were exposed in the leaked documents or the government representatives that lied left and right to the people they represent? Some people are simply pro-war because they are in some way profiting from it. Really - it is that simple. It is all about the money and the benefits.

The military sure is not what it used to be. Today we have young soldiers returning from the Middle East to a new car and an upper middle-class house that would otherwise have been flipping burgers at a McDonald's. How many human beings did each kill to gain that wealth and the many benefits offered by the US government to those willing to kill on demand or order others to do so? How many innocent bystanders died as a result of their presence?

War on Terror Hypocrisy

Nothing makes me more ill than to hear someone say that while they do not support war, they do support the soldiers. Really, I mean what the fuck is that? We have had an all volunteer force since the Vietnam War was declared over decades ago. Of course I do not place any blame on anyone that was not allowed to leave the military after the War on Terror began back in late 2001, but that is related to stop-loss and is a different topic.

How can I support someone that volunteers to join knowing they will likely be participating in killing in the Middle East? Even not having a decent job is no excuse in my eyes. To volunteer to join an illegal invasion and occupation for money is far from excusable. They are not much better than the war profiteers, except that they're receiving much less money.

So life continues eleven years after September 11, 2001, with millions dead and unheard of profits going to investors and businesses and retired military in the form of lucrative contracts. Meanwhile, we no longer have a Fourth Amendment or many rights left. Yet at least half of these people will claim they are doing it for my freedom, your freedom, and freedoms in general. What, because I'm not sitting in a prison, I'm free? Laughable indeed.

What I want to know is who in the hell has brainwashed the masses here? What sort of drugs are so many people that I encounter on? We are involved in never-ending wars around the globe at great expense and with money we no longer have to spend. People in other sovereign nations are dying every single day so that the war profiteers at the top and their cohorts on down the line can make more flippin' money. They have proved that they are the masters of deception.

Life is worse than ever for citizens around the world and I do not see any possible improvement in the future. I am truly sorry for the children that will suffer because of what we the people have allowed them to do for money. We spend $billions searching for, developing, and making new and innovative weapons to kill people, but more than half of our citizens have no health insurance or health care. Tell me again how advanced our society is and why the rest of the world would want a democracy such as ours?

And of course Guantanamo camps are still open. What freedoms? What rule of law? What U.S. Constitution?