6013 September 29, 2003 (7:29pm).

Biography of the Late Attorney William Kunstler

Highlights. These purple highlights are live links. Click on the purple to go to that section:

 

Page 97 "This was the first time I had ever invalidated a statute. It confirmed my faith in the justice system. Let the other lawyers draft wills and do real estate closings. I had changed the law. I had made a contribution. I felt an enormous thrill and a desire for more of the same."

 

1974 Jan 8. St. Paul Minnesota. Trial of the Leadership at Wounded Knee. Marlon Brando was there and a supporter. The judge was North Dakota district judge. "As long as the rivers shall flow . . as long as the grass shall grow" - 1868 Fort Laramie Treaty which the government violated. This gave the Sioux all of S. Dakota and half of North Dakota. Mark Lane was there and got thrown in jail with Kunstler for contempt after marshals tried to throw the Indians out of the trial because somebody laughed. The Indians quickly had the marshals unconscious on the floor.

 

Page 287. In English common law Peremptoriness only go to the defense!

 

Aha! Page 335 See U.S. V Seale, 7th circuit 1972 regarding the right to counsel of choice.

 

Example #2, page 357. U.S. Attorney Judy Russell mailed 5 bomb threats to herself and the magistrate. Instead of being punished, she was permitted to commit herself to a brief psychiatric stay.

 

"Rule 11. One way that the government has harassed me and other civil rights attorneys recently is through the use of a Rule 11 sanction. Rule 11 is a newly amended federal rule which provided for sanctions against attorneys who file "frivolous: lawsuits. It has been used primarily against civil rights lawyers. Under a rule 11 sanction, for example, the Christic Institute, a Catholic civil rights organization, has been saddled with a $1 million fine for its Iran contra lawsuit

 

Because I was represented Larry Davis at the time, I could not attend the trial of Hatcher and Jacobs, and the presiding judge refused to postpone it. As a result, my client represented himself. We consulted on the telephone each night. Eddit Hatcher did an excellent job and even read a summation that I had written for him

 

Bonus book summary: Visions of Liberty, Ira Glasser of ACLU, 1991, Little, Brown, and company. Nice book because of the copious photos. At Port Hueneme Library.

 

“The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its room may shake; the wind may blow through it; the storm may center; the rain may enter but the King of England may not enter.” William Pitt 1763

 

160. In 1637, a Puritan activist named John Lilburne imported and distributed various political tracts and was brought before the Star Chamber. Lilburne refused to be examined under oath, claiming that it violated "the law of the land" and invoking the Magna Carta. Condemning the oath as a procedure that was fundamentally unfair, Lilburne said that he would not take it even "though I be pulled to pieces by wild horses." Lilburne was held in contempt of court, publicly whipped, fined, and jailed in solitary confinement. He wasn't released until 1641. But his crusade for fair procedures and his willingness to absorb severe punishment rather than forsake principle inflamed the public - on both sides of the Atlantic - and Lilburne became a great symbol. He suffered, but not without effect: In 1645 Parliament set aside the judgment again Lilburne, finding that it had indeed violated "the law of the land and Magna Carta." In 1648 he was granted damages for his unjust imprisonment!! Yes!!
Lilburne led the Levelers. He was arrested again and again and died in prison at age 43.
At his very last trial Lilburne won the then unprecedented right to receive a copy of the charges again him and to be represented by a lawyer.

 

1949 Due Process was defined by the Supreme Court as follows:
"Due process of law . . . conveys neither formal nor fixed nor narrow requirements. It is the compendious expression for all those rights which the courts must enforce because they are basic to our free society. But basic right do not become petrified as of any one time, even though, as a matter of human experience, some may not too rhetorically be called eternal verities. It is of the very nature of a free society to advance in its standard of what is deemed reasonable and right. Representing as it does a living principle, due process is not confined within a permanent catalogue of what may at a given time be deemed the limits or the essentials of fundamental rights." - Wolf v Colorado 338 US 25 at 27. (1949)


This page is www.lawyerdude.netfirms.com/kunstler.html

Related pages and links to transcripts:

See also Attorney Marty Stavis, Attorney Arthur Kinoy, Ron Kuby, Attorney Michael Ratner - all are Kunstler’s partners and/or contemporaries.

 

See also Rev Dr. Martin Luther King, Rev Fred Shuttlesworth (here is his photo and case: http://www.lawyerdude.8m.com/5089.html ) and Dombrowski (here is that case: http://www.lawyerdude.8m.com/dombrowski.html ) , all clients of Kunstler.


            This page is mentioned at my library page: http://www.lawyerdude.netfirms.com/library.html

 

Law Professor Douglas Linder at the University of Missouri at Kansas City has a “famous trials” project published on the internet. http://www1.law.umkc.edu/Faculty/FacultyWritings/electronic.htm There he has links to the Chicago 7 trial. Here are some of those links.

Links to transcripts of Kunstler’s trial for having offended the federal judge - and other Chicago 7 trial transcripts:

Here is where the Federal court of appeal absolved Attorney Kunstler and reversed the lower court opinion http://www.law.umkc.edu/faculty/projects/ftrials/Chicago7/InReDellinger.htm

 

Here is where Judge Hoffman sentenced Hoffman: http://www.law.umkc.edu/faculty/projects/ftrials/Chicago7/kunstler.html

 

http://www.law.umkc.edu/faculty/projects/ftrials/Chicago7/contempt.html

 

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William Kunstler is a role model for me.

Example of Kunstler being a role model : Judge Bradley was the only judge to ever hold me in contempt of court. He was an angry alcoholic at the time but I did not know then. He was subsequently urged to step down from the bench. Bradley should never have used the summary procedure but should have sent the matter to a different judge especially since his own bailiff was a witness to a telephone conversation. Authority: The appeal from the Chicago 7 contempt citations upon Attorney William Kunstler found at In the Matter of David Dellinger et al.,Appellants, 461 F.2d 389; 1972 U.S. App. LEXIS 9621 citing In Offutt v. United States, 348 U.S. 11, 75 S.Ct. 11, 99 L. Ed. 11, the Supreme Court forbade the use of summary contempt power post-trial by a trial judge who had become "personally embroiled" with the lawyer whom he cited. 348 U.S. at 17, 75 S. Ct. 11.

            The Court, speaking through Mr. Justice Frankfurter, held under its "supervisory authority over the administration of criminal justice in the federal courts" (348 U.S. at 13, 75 S. Ct. at 13) that a trial judge so embroiled could not proceed summarily after the completion of the trial but must recuse himself to allow another judge to adjudicate the contempt. n4 The Court said: "The pith of this rather extraordinary [summary contempt] power to punish without the formalities required by the Bill of Rights for the prosecution of federal crimes generally, is that the necessities of the administration of justice require such summary dealing with obstructions to it." 348 U.S. at 14, 75 S. Ct. at 13.

Biography of the Late Attorney William Kunstler

            This is a summary of My Life as a Radical Lawyer by Attorney William Kunstler. 1994. Carol Publishing Groups.

Kunstler died in 1996, as I recall.

This book struck a strong chord with me because Kunstler reason for being is the same as mine - and quite different from that of other lawyers. I generally bend the corner of interesting pages in books. Nearly half of the pages were bend in this book because there was something juicy on every page.

Page xv: "I see myself as a Don Quixote. (Footnote lost.)

Palaschak and John Steinbeck also considered themselves modern day Don Quixote’s. Steinbeck named his truck Rocinante. A state bar-appointed Psychiatrist ___ in Montecito near Santa Barbara told Palaschak that he had Don Quixote syndrome and certified to the bar that Palaschak was in excellent mental health.

Close , a good man trying to fight evil who - because he was old decrepit - sometimes mistook windmills for the real quarry. But he remains a symbol for those of us who fight for out beliefs even though we may appear foolish to the rest of the world.

So while some people may view me as wildly and indiscriminately tilting at windmills, I see myself as a keeper of the faith, fighting for my own person vision of America and my own person goal: That someday, somehow, we will find the hidden path that lead to what we have always outwardly prized but never attained: Equal justice for all.

Chicago 7 trial that dumb fuck judge sentenced the lawyer Kunstler to 4 years and 13 days in prison. 1971 he went into Attica prison being invited in during the riot. The police then massacred 39 prisoners and guards.

Kunstler is a hero for me. Kunstler and I have a common hero: Don Quixote.

Rap Brown statute went into effect in April 1968. Wow! Ramsey Clark refused to indict the rioters and brought charges against the police!

The FBI communicated in secret with some of the jurors.

Page 21. Kunstler agrees with me about the bogusness of conspiracy laws. His most famous trial followed the 1968 democratic convention.

Kunstler visited the U of I at Urbana while I was there in 1968. Page 35. (I don't remember knowing about it - Douglas.) The provost only told Kunstler afterwards that a rifleman had threatened to shoot Kunstler.

Julius Hoffman sentenced Kunstler to 4 years and 13 days in jail. His family posted $15,000 bail and he was released pending appeal.. He won on appeal. The brief was 547 pages long. The Rap Brown statute was being tested after quick enactment by congress. Their post trial strategy session was taped and the tapes sent to the opposition but the judiciary did nothing about that.

Hoffman forbid then U.S. Attorney General Ramsey Clark to testify.

Discipline was referred to the New York bar who followed incorrect procedures and quashed its own complaint.

Chicago 7 U.S. prosecutor was Foran who eyed the Illinois senate seat but lost momentum with his defeat at the Chicago 7 trial.

The prosecution wrote a threatening letter to a juror and signed it like it was from the defendants - or was that another trial?

Kunstler has been jailed for contempt many times..

His grandfather built stairs to a non existent 3rd floor.

When Kunstler was 10 Kunstler wrote to a boy who was ill. Sam Langford lived in Harlem. Parents discouraged him from visiting Sam.

"As I grew older I developed a concern for people who seemed to be in a weaker position and who needed my help."

In 1932 he was in a teenage gang that broke windows. His Grampa tried to encourage him to write in a diary. He did not. He made up the entire diary at the end of the year. He read many books. He sewed a varsity letter on his sweater even though he did not earn one in swimming.

He barely passed in law school after fighting in WWII and passed the bar on his 2nd attempt. The bar hassled him because they thought that he had claimed to be a lawyer before he was licensed. He wrote book review.

He inadvertently recommended the notorious Roy Cohn for a job before he knew that Roy whit. Roy helped house un-American activities committee. Roy was married to Barbara Walters and died of AIDS. Hmm.

Kunstler was on Long John Nebel's radio show. Roy Cohn prosecuted the Rosenberg! Morton Soebel's wife were guests on the same radio show. Kunstler did not do the trial, but the trial lawyer was inexperienced and didn’t even look at the so-called plans that were transferred. They were nothing! Just some vague lines! Kunstler did the appeal and argued that sketch was nothing. The judge ruled against Kunstler in a 91 page opinion. Hoover was angry at being upstaged by the British who discovered the Fuchs spy case. He needed to prosecute somebody so he picked the Rosenbergs.

Page 97 Kunstler won the case for Bill Worthy after the U.S. revoked his passport and would not let him back in the country after Worthy said things that the stage department did not like.

Page 97 "This was the first time I had ever invalidated a statute. It confirmed my faith in the justice system. Let the other lawyers draft wills and do real estate closings. I had changed the law. I had made a contribution. I felt an enormous thrill and a desire for more of the same."

Page 101. Kunstler needed extra stimulation to supplement the intellectual stimulation from his law practice. I am like that also. I need and enjoy the extra stimulation. Kunstler wrote Beyond a Reasonable Doubt in 1961 about Caryl Chessman who was executed on May 2, 1960. Chessman wrote a book also. Cell 2455, Death Row.

Page 101. June 15, 1961 Kunstler got a call and immediately went to Jackson, Mississippi, to be with the arriving Freedom Riders. He did a federal habeas corpus. A man stood right up in court and said to Kunstler during Kunstler's argument in court "Why don't you shut your goddamned mouth and stay the hell out of Mississippi." and the judge did nothing. Federal Judge Mize denied the habeas on the basis that they had not exhausted state remedies.

Page 105. Aha!! Federal Removal Statute. Attorney William Highs directed Kunstler to use the miracle statute, the federal removal statute that forced the federal courts to accept criminal cases from the state courts when it was alleged that the defendants could not get fair trials in the state courts and also required the federal courts to set bail. Hmm. I can use this in some cases. Then the U.S. Supreme Court castrated the removal act in 1965 but take a look. Here it is:

28 USC 1443. Civil rights cases: Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.

Page 108 Sept 29, 1961 Kunstler meets The Reverend Doctor Martin Luther King Junior whom Kunstler calls Martin King. Kunstler filed many federal lawsuits at King's request between 1961 and 1968. The Reverend Doctor Martin Luther King Junior said "Good work, Bill" when Kunstler got an injunction against The Reverend Doctor Martin Luther King Junior dissolved. Kunstler remembered and savored that praise from King.

Page 117 "When I filed the habeas for Shuttlesworth http://www.lawyerdude.8m.com/5089.html , it was the first time, to my knowledge, that such a petition had ever been filed in the Supreme Court. Within weeks, I had an answer. Without requiring oral argument the justices converted it into a petition for a writ of certiorari and granted our request. Shuttlesworth http://www.lawyerdude.8m.com/5089.html was exonerated by a unanimous decision and on February 26, 1962, ordered released from prison on bail."

Attorney Constance Baker Motley - now New York federal district court Judge Constance Baker Motley - worked for the foot dragging NAACP Inc. Fund and helped King in July 1962. When King arrived in Albany Georgia he was informed that a racist federal judge Elliot had issued an injunction against king without even notice and opportunity to be heard. They then went to Macon to persuade federal judge William A Bootle to set aside the injunction. He made them wait. So they drove to Atlanta to see Judge Tuttle after calling first. Connie came down. They worked all night and were in court at 9:45. Kunstler won and King thanked him.

Black federal judge James Giles for the eastern district of Pennsylvania called Kunstler to the bench recently and said "I knew you when I was a boy in Lynchburg. I followed hat you did, and it helped influence me to become an attorney." Judge Giles was referring to the spring of 1963 when Defendant Thomas Carlton Wansley, age 17, was on death row. Kunstler's first case with Attorney Arthur Kinoy. They won due to absence of record. Guy was retried and exonerated.

"In 1963 I began to realize that local white southern lawyers . . .could not do civil rights work and remain in business. Aha! The itinerant lawyer are needed. Attorney Andrew Hamilton relocated temporarily to New York for the famous Zenger case in 1734. Clarence Darrow was a vagabond also. Attorney Len Hold a/k/a Snake Doctor Holt was a traveling lawyer also.

Page 133. Kinoy walked to the bench and put the judge's finger on the right place in the statute, namely: "shall grant bail".

Page 135: The Reverend Doctor Martin Luther King Junior's I have a dream speech:

"In a sense, we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir . ."

March 31, 1964. Page 137. Kunstler gets the call to St. Augustine. In trial , prosecution calls a black witness "Annie" and all the counsel rise to object. Now the prosecutor stands corrected and calls her "Miss Evans" and she is surprised and pleased and lit up in a big smile.

Aha! Similar to what they did in my case!

Aha! Page 147. 1965. On April 26, 1965 the U.S. sup ct ruled in Dombrowski v Pfister http://www.lawyerdude.8m.com/dombrowski.html . "The executive directive of the Southern Conference Educational Fund, Jam Dombrowski, along with civil rights lawyers Bruce Walker and Ben Smith, was arrested for violating Louisiana's antisubversive statutes. Arthur and I defended Dombrowski http://www.lawyerdude.8m.com/dombrowski.html , as well as the two attorneys, after New Orleans police raided his home and removed his organization's files. The documents later turned up in the possession of Senator James O. Eastland, the fanatic chairman of the Senate Internal Security Subcommittee."

Kunstler asked a 3 judge federal court to enjoin the charges against Dombrowski. http://www.lawyerdude.8m.com/dombrowski.html This is very similar to what they did to McSurely. Kunstler lost and then went to the U.S. Supreme Court and won! http://www.lawyerdude.8m.com/dombrowski.html

The Reverend Doctor Martin Luther King Junior was jailed in Selma only 3 days after winning the Nobel prize.

4 April 1968. The Reverend Doctor Martin Luther King Junior assassination.

Kunstler did not like JFK. And I don't now why either - but he was the best going at the time.

Kunstler did Jack Ruby's appeal. Belli had lost at trial.

Both Kennedy's approved the wire tap of The Reverend Doctor Martin Luther King Junior's phone!

December 65 Kunstler is doing an appeal for Lenny Bruce and stupid Lenny said "You can never understand what it means to shoot up unless you have done it". Kunstler shot up and then passed out later at a party. Lenny Bruce did an accidental overdose on Aug 3 1966. The government hounded Lenny for 6 years. Lenny's manic obsession destroyed him.

1966 HUAC - House Un-American Activities Committee. A district judge actually enjoined Congress from holding the hearings but it was overturned. Congressmen treated them with disrespect and the marshals removed Attorney Kinoy. Kinoy was convicted. 1000 lawyer protested. On appeal Kinoy was exonerated.

Aha! Page 173. The Bruton Rule. If one co defendant has given a statement implicating the others and they are tried together then the prosecution cannot use the statement against the others. That is one reason why they tried me separately but other rules namely California Penal code section 1111 precluded Jessica's statement. The Torture of Mothers was written about this case. The kids eventually won after being in jail for almost a decade. The prosecution had pressured one witness to lie.

1966 Creation of the Center for Constitutional Rights.

Rap Brown: "Violence is necessary. It is as American as cherry pie."

Adam Clayton Powell, the Berrigans. Philip married a nun. "Your honor, I would like to recite the Lord's Prayer" The government said "The government has no objection" They did it. The judge forbid Kunstler to use jury nullification. Kunstler recalls the case of Peter Zenger charged with libel even though the statements were true. 1735.

Hamilton for Zenger argued:

"The power is in your hands, gentlemen, to safeguard our liberties. If you should be of the opinion that there is no falsehood in Mr. Zenger's papers, you will, nay, you ought, to say so . . .[You must] support liberty, the only bulwark against lawless power. Nature and the laws of our country have given us a right - the liberty - both of exposing arbitrary power . . by speaking and writing truth." 1735. Zenger was acquitted.

Aha! Canon 15 of the Canons of Professional Ethics: "No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty." Amen!

Berrigan's lost and went into hiding and sanctuary and police ignored sanctuary and they served 3 years. Kunstler took his grandchildren to be blessed. Prison rules forbid blessing. Berrigan blessed and was punished.

Dec 4 1969 Chicago police and FBI assassinated Black Panthers Fred Hampton and Mark Clark and lied about it. Family eventually received money.

Aug 69. Woodstock. I remember being in the machine shed side of the crib at kaleel farm working and listening to a report about it on the tractor radio.

April 12, 1989, Abbie Hoffman found dead in his converted chicken coop home in Pennsylvania. Barbiturate overdose.

Oct 8, 1969. Weathermen Days of Rage in Chicago. Fizzled.

March 6, 1970. Explosion in Weatherman house in Greenwich village. Kathy Boudin , daughter of Attorney Leonard Boudin and Cathlyn Wilkerson, escape.

1970 Kent state. May 4. Kunstler was invited to Kent state but not allowed on campus. Grand jury indicted 24 students for rioting at Kent state - and one faculty. Kunstler organized a defense team including Ramsey Clark.

December 1973 Finally all are cleared on the Chicago 7 appeal. 5 year later!

Attorney Ron Kuby is alter ego but looks like the stereotypical Jewish slob asshole.

Dapper John Gotti went down in 1992 about the same time as I did.

June 19, 1972. U.S. v U.S. District Court. Kunstler won before the U.S. Supreme Court but Rehnquist had already leaked the decision to Nixon who removed bugs on 16 June 1972 by hiring G. Gordon Liddy and other crooks to break into the Democratic National Committee headquarters that Nixon had bugged. They were caught in flagrant delecto debugging O’Brien's democratic telephone at the Watergate. The Supreme court ruled in Warrantless search or telephone taps could not be sustained by claiming a national security exemption. The initial case was U.S. v Plamondon , Forest, and Sinclair. 1970. White Panthers. Ann Arbor. Black judge Damon Keith nixed the wiretap evidence.

In 1986 Kunstler told the Senate Judiciary committee sitting to approve Rehnquist as Chief Justice that Rehnquist "advised the President that it was perfectly all right to wiretap without a warrant whenever the President decided to do so; that he had the inherent power to violate the 4th amendment."

Page 214. Sept 9, 1971. Attica riot. Sept 13. Attica massacre at 9:34 a.m. Kunstler was inside the prison, called by the inmates. The government lied and said that the guards suffered slit throats. The actual videos show that the guards were shot by other guards. Some rifles were equipped with motion picture cameras. Governor Rockefeller simply refused to even go to the prison although he could have prevented any deaths.

1976. Margie and Kunstler defend Attica prisoners on murder charges stemming from the Attica riots. Ramsey Clark was there too. Aha. Like me, Ramsey lived monastically cooking his dinner of beans on a Sterno in the Statler-Hilton. Defendant disappeared during appeal. The judges said that they would have one had the defendant been there. NY has a law that says that if you don't show up at your appeal you lose. Shitty law.

The government wanted AIM off the reservation.

1974 Jan 8. St. Paul Minnesota. Trial of the Leadership at Wounded Knee. Marlon Brando was there and a supporter. The judge was North Dakota district judge. "As long as the rivers shall flow . . as long as the grass shall grow" - 1868 Fort Laramie Treaty which the government violated. This gave the Sioux all of S. Dakota and half of North Dakota. Mark Lane was there and got thrown in jail with Kunstler for contempt after marshals tried to throw the Indians out of the trial because somebody laughed. The Indians quickly had the marshals unconscious on the floor.

Kunstler won. Judge dismissed saying "Although it hurts me deeply, I am forced to the conclusion that the prosecution in this trial had something other than attaining justice foremost in it mind. . .the waters of justice have been polluted, and dismissal, I believe, is the appropriate cure for the pollution in this case."

26 June 1975 Pine Ridge. Stupid FBI agents killed by their own stupidity ostensibly raiding the reservation because some kid stole a pair of boots. 3 dismissals but Leonard Peltier was the scapegoat.

Mark Lane was running in 1978 having talked Jim Jones followers in to releasing him from the jail at Jim Jones place on the day of the massacre.

Margie's Ex husband, Attorney Michael Ratner works for the center for constitutional rights.

Kunstler has a fat spy file but he never bothered to pay for copy of it.

Page 270. March 8, 1971. Cointelpro scam is broken when somebody breaks into FBI office in Media Pennsylvania and sends cointelpro papers to Carl Stern an NBC reporter. Hoover said he did not know what cointelpro meant.

Senator Frank Church of Idaho chaired a committee that issued a report in 1974..

Over the years, page 273 agents of FBI have broken into Kunstler's office, stolen his Rolodex, and IRS and divorce files. Kunstler recovered $20,000 from the FBI because they found a bug with FBI serial number 107 in their office but later stole the office safe where Kunstler thereafter kept the bug!

Aha! FBI found his address book and just kept it. Found out because FBI revealed to Julian Bond that they got his unlisted number from Bill Kunstler's address book. They xeroxed it and gave it to every FBI office. Doesn't this violate attorney client privilege?\

page 273 I have neither the time nor the energy to litigate with are obviously not random audits. To me this is all part of the price I pay for being a gadfly.

Before 1919 this county did not have federal police. It is part of the robber baron era, I say.

Brinks Robbery 1981. Kathy Boudin and Weather underground. Kathy's brother Michael Boudin sits on the federal court of appeal for the 1st circuit having been nominated by Bush.

Page 287. In English common law Peremptoriness only go to the defense! That's current too?

1985 Police had evidence that the KKK did the murders for which Wayne Williams was convicted but during a meeting at the home of Georgia governor George Busbee a decision not to prosecute the KKK was made. Then VP George bush was at the meeting. The Georgia supreme court gave Wayne William a victory and then strangely changed its mind. Clinton's drug czar Lee Brown closed the case although Williams was convicted of only 2 men of the 29. They just dropped the other 27. 1994: Still awaiting decision. Book by James Baldwin The Evidence of Things Unseen about Wayne Williams case.

Nov 19, 1986. 27 police break into apartment. Miraculously, Larry Davis escapes. Larry was running drugs for cops who seized the drugs from criminals. Larry Davis was acquitted on 3 trials but lost on a 4th. What a travesty. The judge refused to appoint Kunstler although k had represented Larry before and won. Kunstler is appealing the case.

1989. Brooklyn court house. White bailiffs go berserk and kick Kunstler saying "This one is for Larry Davis." \then thy put him in jail with Al Sharpton, Ron Kuby, and others. Page 299.

1989. Page 301. Judge Alcee Hastings! Aha!

1992 Marion Barry's appeal.

314 Referring to Michelangelo's David, "David is portrayed a the exact moment of hesitation that comes to everyone, the moment when the idea crosses your mind that you might stand up and say something, do something, prevent the library from banning the book, stop the injustice whatever it happens to be."

Page 323. Never forget that 300 years ago an English judge jailed the jury who acquitted William Penn. Penn, a Quaker who would later found Pennsylvania, was tried for defying a ban against preaching on the streets of London.

1992 General Haq convicted of war material sales while the U.S. government was doing the same thing violating the same law as testimony of Senator John Glenn proved. Judge gave a small fine. Good. Government wanted 10 years.

Aha! Page 335 See U.S. V Seale, 7th circuit 1972 regarding the right to counsel of choice.

Page 340 (See Bartlett’s Familiar Quotations. 684:19 quoting Martin Niemoller 1892-1984: "In Germany they came first for the Communists and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up."

Page 344 Kunstler filed a petition for John Gotti regarding the governments denial of his counsel of choice - because he won before!

347. In the Gotti trial the court eliminated juror #3 whom it called "combative" which means uppity. #3 called Kunstler and said that the foreperson had been visited secretly in the middle of the night by U.S. marshals.. The marshals then removed a note from a drawer that #3 shared with the foreperson. This note was written about signaling between one FBI agent in the audience and another who was a witness. The mashals then planted this note in a bag of clothes that she sent home to be cleaned. Instead of a hearing, the judge replaced #3. She was replaced by a juror who lied on her interview form and failed to mention that her husband was a former FBI agent.

Black juror #10 was removed also, the day before deliberations.

Aha! Page 349 "When I discuss John gotti's constitutional rights, my intention is not that he be given special privileges. What I want for him is what I want for every American citizen in a court of law: a level playing field."

Page 355. Shapiro took over on Marlon Brando's son's case. Shapiro's client then was O.J. Simpson - before the murder even? Shapiro made a shitty deal but it is safe for Shapiro who cares most about Shapiro's deal maker image. Fuck Shapiro.

Aha! Page 357: "Marlon opted for Shapiro, a negotiator, the type of lawyer who works things out. The usual intelligent approach in these cases is to assume that the bet way is to utilized the lawyers who play the system's game. Of course, I think it's the worst way. But to run to the fixers of the world, the lawyers who have connections, is always wrong. It rarely works." - Kunstler.

Page 358. Miller v Pate.1967. 386 US 1, 17 L Ed 2d 690. 87 S Ct 785. See also 3 L Ed 2d 1991. Conviction on testimony known to prosecution to be perjured as denial of due process - federal cases. See also 40 L Ed 2d. 886. Supreme Court's views as to what courtroom statements made by prosecution during criminal trial violate due process or constitute denial of fair trial. Late 1960s. Although the murder conviction was overturned, even after the FBI admitted putting fake blood on the shorts, and the chemist admitted perjury regarding the fake blood which was really paint, nobody accused either the prosecutor or chemist of any crime!!

Example #2, page 357. U.S. Attorney Judy Russell mailed 5 bomb threats to herself and the magistrate. Instead of being punished, she was permitted to commit herself to a brief psychiatric stay.

Aha! 1993. Page 359. Before a Supreme court justices association conference;

"I've listened to all of you tonight, and what I've heard is a lot of misinformation. I heard one judge say that the judiciary in the only branch that really defends the constitution. Another said that all the judges work hard and are sincere and don’t' let their personal ideologies get into it. That is all so much hogwash. I don't believe it, and I don't want my silence at those remarks to be interpreted as agreeing with any of this poppycock. Judges are creatures of the Establishment. They do what's politically correct for them. The worst of them are mean-spirited, racist bastards. As for defending the constitution, they probably violate it more than any other branch of government."

Aha! Page 388 "In the last decade the government has launched an organized attach against the rights of criminal defendants and their attorneys. In violation of the rights of defendants, we now have anonymous juries, preventative detention, denial of counsel of choice, malicious leaks to the press of prejudicial, often false, material, and fabrication or suppression of evidence. In the government's vendetta against attorneys of a certain stripe - those who represent organized crime figures, accused terrorists, or other outcasts.

In Palaschak's case he represented a child molester and was charged with contempt and jailed for not promptly paying a fine that was unconstitutionally imposed and that he could not afford to pay.

Close - it uses a combination of methods. Lawyers are driven out of cases or held in contempt, or they have sanctions imposed against them."

Fee disclosure is a tactic.

Page 389:

"Rule 11. One way that the government has harassed me and other civil rights attorneys recently is through the use of a Rule 11 sanction. Rule 11 is a newly amended federal rule which provided for sanctions against attorneys who file "frivolous: lawsuits. It has been used primarily against civil rights lawyers. Under a rule 11 sanction, for example, the Christic Institute, a Catholic civil rights organization, has been saddled with a $1 million fine for its Iran contra lawsuit.

I also, have been fined as a result of being sanction under Rule 11. In Re Kunstler ___________ I need a citation on this.

Close had its origins in 1988 when 2 Native Americans, Timothy Jacobs and Eddit Hatcher, took hostages in a newspaper office in Robeson county, North Carolina, and held them until the governor of the state agreed to investigate drug trafficking by local officials.

The wife of the sheriff in Joliet, Illinois, is reputed to be the local protected drug distributor.

Close . When Jacobs and Hatcher were indicted by a federal grand jury for hostage taking, I represented Hatcher, and Lewis Pitts, a lawyer for the Christic Institute South, stood up for Jacobs.

Because I was represented Larry Davis at the time, I could not attend the trial of Hatcher and Jacobs, and the presiding judge refused to postpone it. As a result, my client represented himself. We consulted on the telephone each night. Eddit Hatcher did an excellent job and even read a summation that I had written for him. He and Timothy Jacobs were acquitted of all charges.

After the district attorney of Robeson County, Joe Freeman Britt, convened a state grand jury which indicted Hatcher and Jacobs for kidnaping, that had to stand trial again, on state charges, for the same crimes. A defense committee was formed for Hatcher and Jacobs, and its member were harassed on every level. One member of the defense committee, a Native American lawyer who was running for judge against D.A. Britt, was murdered.

On Election Day, because the dead man received the most votes, the candidate who ran second was elected judge: Britt, known for executing more people than any other prosecutor in the country. His office was decorated with a photograph of North Carolina's electric chair.

When I heard about the persecution of the Robeson Defense Committee members, along with Lewis Pitts and Barry Nackell, a law professor at the University of North Carolina, I filed a federal lawsuit against Britt and several other North Carolina officials to stop harassment of committee members. As soon as we filed our complaint, the harassment stopped; we then withdrew the suit.

Six weeks later, lawyers for Britt and the other defendant applied for sanctions against us under Rule 11, claiming that our lawsuit had been "frivolous." The court ordered us to pay $120,000.00, a monstrous sum for attorneys who work, for the most part, pro bono.

My case was fought by Morty Stavis until his death in 1992. He succeeded in getting our original fine of $120,000 reduced to $43,000. The committee in Support of Civil Rights Attorneys (footnote lost) I need to contact this committee.

Close , a fund-raising group comprising Spike Lee, Oliver Stone, Ruby Dee, Ossie Davis, Robert DeNiro, Brice Marden, the abstract painter, and others, worked to raise money. Ultimately, the Center for Constitutional Rights, with the help of these supporters and others, paid the fine."

Next at page 392, Kunstler talks about discipline for dressing down a judge.

Page 395. In 1982 Ron Kuby was 25. Now in 1997 he must be 40. Ron went to Cornell.

Page 393 "While awaiting outcomes in the contempt charge and the Rule 11 sanctions, I didn't worry overmuch. If I had worried about everything that came down the pike during my life, I could not have functioned. Through the entire contempt process, I was comforted by the thought that if ever disbarred, I would write full time on every political and legal subject under the sun and reach a larger audience than I could by practicing law.

"But I always knew that it wouldn't happen. I didn't think any government agency would have the guts to do it. Also, my offenses have never been monumental. These episodes were just part of the government's pattern of provoking and harassing defense attorneys. The government now understands that the choice of lawyer dictates the mode of defense and that the political lawyer is always a liability for the prosecution. But I am only one of many progressive lawyers; there are quite a number of us who do good work. So, no, no matter how it tries, the government will not eliminate us - as the Third Reich did when it disbarred all of its Jewish attorneys in September 1937.

Kunstler does not do the pledge of allegiance; he is like me. He does not stand for the national anthem; nor do I. He once got beer spilled on him because of it.

401: Fidel Castro, Ho Chi Minh, and Lenin were activist lawyers. (Palaschak: And John Kennedy was not.)

Okay, that’s the end of our Kunstler story, kiddies. Now some words from another famous good jew lawyer!

Bonus book summary: Visions of Liberty, Ira Glasser of ACLU, 1991, Little, Brown, and company. Nice book because of the copious photos. At Port Hueneme Library.

Page 165: In 1763 William Pitt argued in Parliament against general searches as follows:

“The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its room may shake; the wind may blow through it; the storm may center; the rain may enter but the King of England may not enter.” William Pitt 1763

He lost. Parliament passed the bill authorizing general searches.

Page 159. Aha! The thing with Judge Sharp in Indiana was inquisitorial rather than simply accusatorial. The phrase "Due process" goes back to 1354 when Parliament passed a law forbidding the government from imprisoning anybody "Without being brought in answer by due process of law".

The inquisition permitted questioning upon a mere suspicion. The subject was expected to testify against himself and clear up the matter - just as Judge Sharp wanted me to do.

Aha! Page 160. In 1637, a Puritan activist named John Lilburne imported and distributed various political tracts and was brought before the Star Chamber. Lilburne refused to be examined under oath, claiming that it violated "the law of the land" and invoking the Magna Carta. Condemning the oath as a procedure that was fundamentally unfair, Lilburne said that he would not take it even "though I be pulled to pieces by wild horses." Lilburne was held in contempt of court, publicly whipped, fined, and jailed in solitary confinement. He wasn't released until 1641. But his crusade for fair procedures and his willingness to absorb severe punishment rather than forsake principle inflamed the public - on both sides of the Atlantic - and Lilburne became a great symbol. He suffered, but not without effect: In 1645 Parliament set aside the judgment again Lilburne, finding that it had indeed violated "the law of the land and Magna Carta." In 1648 he was granted damages for his unjust imprisonment!! Yes!!

Lilburne led the Levelers. He was arrested again and again and died in prison at age 43.

At his very last trial Lilburne won the then unprecedented right to receive a copy of the charges again him and to be represented by a lawyer.

Page 166 Samuel Adams said that the unrest over general search "was "the commencement of the controversy between Great Britain and America."

The Supreme Court and Individual Rights, 1979, Congressional Quarterly Inc., 1414 22nd St. NW Wash. DC 20037. At PH. Library.

Page 11: in 1949 Due Process was defined by the Supreme Court as follows:

"Due process of law . . . conveys neither formal nor fixed nor narrow requirements. It is the compendious expression for all those rights which the courts must enforce because they are basic to our free society. But basic right do not become petrified as of any one time, even though, as a matter of human experience, some may not too rhetorically be called eternal verities. It is of the very nature of a free society to advance in its standard of what is deemed reasonable and right. Representing as it does a living principle, due process is not confined within a permanent catalogue of what may at a given time be deemed the limits or the essentials of fundamental rights." - Wolf v Colorado 338 US 25 at 27. (1949)