California Ministry of Dissent Suppression

Status
Not open for further replies.

CAC

Member
Joined
Feb 18, 2004
Messages
5
Location
California
2-18-04
From: Jeff Chan <[email protected]>
To: firearms-alert <[email protected]>
Subject: JPFO: California's Ministry of Dissent Suppression

Russ Howard and Steve Cicero helped Californians kick out David
Roberti, Mike Roos, John Van De Kamp and other big time gun
grabbers responsible for our current so-called "assault weapon"
ban. Now the state is trying to effectively sentence them to a
lifetime of poverty for their efforts on behalf of freedom.
Don't let these outrageous gross injustices by state bureaucrats
go unchallenged!

If you helped with the recalls or especially if you didn't,
please consider contributing to their Legal Defense Fund.

They need funding for their U. S. Supreme Court challenge!

Details below.

Jeff C.
__


www.jpfo.org/cac-info.htm

Jews For The Preservation of Firearms Ownership, Inc.
----------
California's Ministry of Dissent Suppression
Victims Petition Supreme Court
By David Codrea <[email protected]>

Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
_Amendment VIII, Bill of Rights, United States Constitution

Can the state destroy your life by an administrative ruling, without a jury
trial, declaring that your Eighth Amendment rights have been waived against
your will?

Is it even possible to waive Eighth Amendment rights? Under what imaginable
circumstances could the state assume constitutional authority to do that
which they are specifically forbidden to do?

These are not rhetorical questions. This is not a theoretical scenario.
This is happening right now, and the target of state revenge is a leader in
the fight to reclaim our unalienable right to keep and bear arms.

I've written about Russ Howard's case before <http://www.sierratimes.com/archive/guesteds/2001/feb/geddc020201.htm>.
I've done a follow-up on it.
<http://keepandbeararms.com/information/XcIBViewItem.asp?ID=3613>
I care about this story not just because Russ is my friend, but
because his ordeal could be forced on any of us fighting for political change.


Howard <http://keepandbeararms.com/information/XcInfoBase.asp?CatID=67> is a
former NRA director and director of Californians Against Corruption
<http://www.cacdefensefund.org/>,
a coalition of pro-gun activists that spearheaded two 1992 special election
campaigns and a 1994 recall against Senator David Roberti, co-author of the
Roberti-Roos "assault weapons" ban. It was California's first legislative
recall to qualify for the ballot since 1914. The effort forced Roberti to
exhaust his huge campaign war chest so that he lost his next election.

There were collateral effects. As Senate President, Roberti was expected to
dole out campaign cash to other Democrat candidates. CAC made him spend it
on his own campaigns, costing other Democrats their seats. Howard had
researched recall procedures and written an innovative business plan that
explored dynamics and strategy of recall elections and professional recall
qualification. He shared it with Republican Senator Rob Hurtt and aide Jim
Camp, who soon afterwards led the recall of a Republican "turncoat"
Assemblyman. All this aided a resurgence of Republican influence and
convinced Democrats to put gun control on the back burner for several years.

Howard had built a recall coalition that included Ted Costa, head of
People's Advocate, a principal group responsible for Proposition 13 and
other tax cutting initiatives. Howard gave Costa the recall blueprint,
convinced him to join the coalition, coordinated mailers and joint press
conferences, and so on. Costa later went on to organize and lead the recall
of California Governor Gray Davis.

CAC and its supporters were harassed throughout the Roberti recall
campaign. Death threats and intimidating phone calls were received.
Break-ins occurred. Phone lines were cut. Supporters found their names
printed in newspapers_along with insinuations that they were affiliated
with white supremacists (Howard's maternal grandfather was a rabbi!)

In response to these criminal intimidation tactics, Howard made complete
financial disclosures, but temporarily withheld selected identifying
information in order to protect contributors from further harassment. For
that, California's Orwellian-named "Fair Political Practices Commission"
(FPPC) levied the largest administrative fine in American history against
Howard and CAC treasurer Steve Cicero, $808,000 (now approximately $1.5
million with interest). That is over 10 times what CAC raised during its
entire seven years of operations, and exceeds the total of ALL FPPC fines
in its first 15 years of existence. By way of comparison, this is a larger
fine than the Federal Elections Commission imposed on ALL Democrat
PARTICIPANTS COMBINED in the 1996 illegal Chinese campaign contributions
scandal involving millions of dollars, and that was a clear case of
criminal conspiracy, with people fleeing the country to avoid subpoenas and
prosecution!

Consider that of 404 counts charged against Howard and Cicero, "352 were
multiple counts of the same approximately 100 donations: One count for
failure to disclose a donor's full name, one for the same donor's full
address, one for the same donor's occupation, one for employer, and one for
donation amount; this despite the fact that partial and usually full names,
accurate donation amounts, and city and state had been reported in nearly
all cases. Moreover, the FPPC knew that CAC had in nearly all cases not
intentionally withheld occupation and employer; that CAC had always
requested that information from its donors, but was unable to provide it to
the FPPC because donors had rarely provided it to CAC; that CAC could not
force donors to provide it."

This is the only time in its history that the FPPC has itemized each
possible aspect of a violation and imposed the maximum penalty on each. And
here's the kicker: Had Howard failed to file any reports at all, the total
fine would have been at most $12,000. This is clearly an act of political
revenge.

The judicial conspiracy against Russ Howard is also a damnable outrage_the
administrative judge who ruled against CAC, Lloyd Connelly, was a former
political and business crony of David Roberti, a former assemblyman who CAC
had named as a recall target, a partner in a firm that had represented
Senator Roberti's PAC, and a financial contributor to Roberti's campaign
through his own PAC. Yet despite these clear conflicts of interest, Judge
Connelly refused to recuse himself from the case.

In a further act of contempt, the courts have told Howard they consider him
to have waived his Eighth Amendment rights! The implications of this
declaration for those trying to peaceably affect the political process is
nothing short of administrative terrorism -_ especially when you consider that
CAC was essentially successful in ending David Roberti's political career.
This scared the hell out of those in charge, who can't afford to let mere
citizens think they can get away with such challenges. The penalty for such
insubordination by the little people must be so terrible no one will dare
try it again!

This is what Russ and Steve are up against -_ all because they protested those
assaulting our unalienable rights under color of authority. Their lives are
put on hold _- any wages they might earn, any property they might accumulate,
are subject to seizure without recourse. They are victims of naked,
in-your-face political tyrants bent on destroying them as an example and
then daring the rest of us to follow a similar course.

If we accept this, if we allow Russ and Steve to be crushed and abandoned,
how long will it be until the rest of us involved in preserving our rights
are similarly victimized by authoritarian judgments citing arcane
"justifications"? Who will come to our aid? Is this how we reward citizen
leaders who summon the courage to step forward on all of our behalf?

Some may be inclined to second-guess Howard's decision to withhold
information. They may forget that we have a long tradition of anonymous
political speech that has contributed greatly to our freedom (remember
Madison, Hamilton and Jay writing as "Publius" in the Federalist Papers? <http://lcweb2.loc.gov/const/fed/fedpapers.html>
Besides, there is ample precedent to justify his actions under current settled law.

In Buckley v. Valeo (1976), <http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=424&invol=1>,
the U.S. Supreme Court called for waiving disclosure under
"reasonable probability [of] threats, harassment, or reprisals from...
Government officials or private parties...harassment of members... or...
the organization itself... A pattern of threats or... public hostility...
[R]eprisals and threats... against individuals or organizations holding
similar views."

In Brown v. Socialist Workers Party (1982), <http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=459&invol=87>
the Court held that if there was
reasonable probability disclosing donors might lead to threats, harassment,
or reprisals, it could exempt a campaign from disclosure laws.

In NAACP v. Alabama (1958)
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=357&invol=449> the Court said: "[C]ompelled disclosure of affiliation
with groups engaged in advocacy may constitute a...restraint on freedom of
association... This Court has recognized the vital relationship between
freedom to associate and privacy in one's associations... Petitioner has
made an uncontroverted showing that on past occasions revelation of the
identity of its rank-and-file members has exposed these members to economic
reprisal, loss of employment, threat of physical coercion, and other
manifestations of public hostility. Under these circumstances, we think it
apparent that compelled disclosure of petitioner's Alabama membership is
likely to affect adversely the ability of petitioner and its members to
pursue their collective effort to foster beliefs which they admittedly have
the right to advocate, in that it may induce members to withdraw from the
Association and dissuade others from joining it because of fear of exposure
of their beliefs shown through their associations and of the consequences
of this exposure."

Rather than decry Howard's actions, Americans should laud and embrace them,
and resist surrendering their rights to privacy, freedom of association and
expression. CAC disclosed a hell of a lot more than the Founding Fathers
would have, and they would not have apologized for it. They would never
have submitted to this nonsense.

Russ and Steve have not given up. They have filed a Petition
for a Writ of Certiorari to the United States Supreme Court.
<http://www.cacdefensefund.org/pub-docs/USSC_Cert_Petition/FPPC_v_CAC_USSC_Cert_Petition_1-12-04.pdf>
The Court has assigned the case Docket No. 03-1023. <http://www.supremecourtus.gov/docket/03-1023.htm>

Per Russ on this latest development: "Just talked to a clerk. Feb 17 is the
deadline for the FPPC to respond. No conference will be held until after
that. The decision to grant or deny will likely come a month or two after
Feb 17 (let's say mid-March through April). It takes four to grant cert,
and he thinks it takes four to remand back to the lower court. He also said
there were no problems with our application and format."

Russ and Steve need legal funds not only for the Supreme Court case, but
for other legal strategies as well, including possible civil rights
lawsuits against the FPPC and its officers.

Larry Pratt at Gun Owners of America has this to say <http://www.gunowners.org/statealerts/smu1200.htm> :
"The anti-gun extremists in California are
trying to do to Howard what he did to Roberti. But whereas Howard worked
through the electoral process with money voluntarily given for the cause,
Roberti, Roos and Connelly are using tax money to conduct a vendetta
through the machinery of government. Please step up to the plate. Don't let
Russ Howard be hung out to dry..."

Aaron Zelman of Jews for the Preservation of Firearms
Ownership <http://www.jpfo.org/> agrees:
"The ban on constitutionally-protected ownership of
military style firearms that Howard and Cicero fought against started in
California, but quickly mutated into a federal ban endangering all of us.
Likewise, the persecution of Howard and Cicero could happen to any of
us -- could happen to YOU -- if we don't win this case and hold those
responsible for this tyrannical ruling accountable. This is ultimately a
threat to YOUR freedom to participate in all levels of grassroots activism.
We cannot win this case to protect your freedoms unless YOU support it."

Aaron has stepped forward to assist Russ and Steve by offering generous
incentives for people who help. Donations through JPFO are TAX DEDUCTIBLE.
Depending on the donation, you get:

* FREE copies of Award Winning JPFO Books:
* The State vs. The People <http://www.jpfo.org/svtp.htm> ($75 donation)
* Death by "Gun Control" <http://www.jpfo.org/deathgc.htm> ($60 donation)
* Hope <http://www.jpfo.org/hope.htm> ($50 donation)
* Dial 911 and Die <http://www.jpfo.org/dial911anddie.htm> ($35 donation)
* The Mitzvah <http://www.jpfo.org/mitzvah.htm> ($25 donation)

* FREE copies of JPFO's outstanding documentary Innocents Betrayed (see
<http://www.jpfo.org/ib-orders.htm>).
[Also see my review of this important work at
<http://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=3624>]
For every $100 donation, you get a free copy of Innocents Betrayed ($35 value).

* FREE certificates for courses at the famed Front Sight Training Institute
and Resort near Las Vegas <http://www.frontsight.com>.
For a $300 donation you get the videos and a certificate good for any one
of these classes:
* 2-Day Rope, Rappel, and Climb ($800 value)
* 2-Day Defensive Handgun ($600 value)
* 2-Day Tactical Shotgun ($600 value)
* 2-Day Practical Rifle ($600 value)
(Note: Certificates have terms and conditions including a $50 payment for a
background check. Please see "The Fine Print" on
<http://www.jpfo.org/alert20031016.htm>)

Make checks to "JPFO" and please write "CAC Defense" in the memo. Checks
should be mailed to:

CAC Defense Fund
1500 Voorhees Avenue
Manhattan Beach, CA 90266

Online donations can be made at
<http://www.jpfo.org/cac.htm>.
Please follow donations with an email to
<mailto:[email protected]>
(take off -nospam) advising of the amount and date.

Those who don't want the tax deduction (or the free videos or certificates)
can write checks directly to "CAC Defense Fund" and donate online at:
<http://www.CACDefenseFund.org/>

Please join us in helping Russ Howard and Steve Cicero fight for your
freedoms.

----------

* * * * * * *

>Many thanks to Aaron Zelman & the Liberty Crew at www.JPFO.org, David
>Codrea, Angel Shamaya of www.KeepAndBearArms.com, Attorney David Hardy,
>Jon Roland of www.Constitution.org, our donors, and many other people for
>assistance and/or advice on our case.
>
>Russ Howard and Steve Cicero
>
>www.jpfo.org/alert20040216.htm
>
>=================================================
>ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP
>America's Aggressive Civil Rights Organization
>
>February 16, 2004
>
>JPFO ALERT: EARN FREE JPFO BOOKS, FILM, OR FRONT SIGHT CERTIFICATES
>
>HELP RUSS HOWARD AND STEVE CICERO AT THE SAME TIME
>
>You may already know about the horrifying, almost unbelievable,
>injustice the Orwellian-named "Fair Political Practices
>Commission" (FPPC) inflicted on Russ Howard and Steve Cicero of
>Californians Against Corruption (CAC).
>
>In the 1990s, CAC ran a successful campaign to boot rabid anti-
>gunner David Roberti from his seat of power in the California
>state Senate. In retaliation, Roberti cronies on the FPPC
>punished Howard and Cicero by slamming them with an
>administrative fine of $808,000 for minor technical violations
>of election reporting law. (Howard temporarily withheld names
>and addresses of CAC donors while CAC was being criminally
>harassed for its activities).
>
>It was the largest administrative fine in American history.
>
>It was larger than all other fines the FPPC had levied in its
>entire 15-year history.
>
>It was far, far larger than fines levied in cases of blatant
>political money-laundering and influence-peddling.
>
>It was imposed without a trial.
>
>And it crudely, shockingly violated the Eighth Amendment
>protection against excessive fines.
>
>So it's now up to the U.S. Supreme Court
>
>If the nine justices in Washington, DC, don't overturn this
>outrage, Howard and Cicero's lives will be ruined. With interest,
>they'll owe more than $1.5 million to the corrupt, vengeful
>political establishment of California. But they've petitioned
>the Supreme Court. Their case should be coming up this spring.
>They're also planning a civil-liberties lawsuit against the FPPC
>-- and The Liberty Crew is asking you to step up and support
>these men who've been fighting this long and terrible fight for
>all our sakes.
>
>First, go to JPFO and read David Codrea's precise, yet passionate,
>description of this gross abuse of government power:
>
>www.jpfo.org/cac-info.htm
>
>Second, use the link at the bottom of that article
>(www.jpfo.org/cac.htm ) to make a donation to the
>Californians Against Coruption Defense Fund. Or send a check to
>the address given.
>
>Do it now. End the abuse of two fine men whose only real "crime"
>was fighting for our Second Amendment rights.
>
>The Liberty Crew
>
>==================================
>Jews for the Preservation of Firearms Ownership
>PO Box 270143
>Hartford, Wisconsin 53027
>
> Phone: 1-262-673-9745
>Order line: 1-800-869-1884 (toll-free!)
> Fax: 1-262-673-9746
> Web: http://www.jpfo.org/
>===========================================
>JPFO ALERTS is provided as a free service to the Internet
>Community. If you wish to help support this service, consider
>joining JPFO! $20/year (no, you don't have to be Jewish!)
>Join for 2 years and receive a free JPFO lapel pin!
>Life Membership: $500 or $41.67/month for 12 months.
--
Jeff Chan
mailto:[email protected]
http://rkba.org/
 
Missing the Beaches

Don't worry, California will come to you. We tried to stop it.

Good luck and thanks for your support.
 
This is unbelieveable - but from what I know of CA politics, its par for the course.

I hope the USCC does something - there is a definate "chilling effect" from those kinds of punitive fines.

Those bastages need to be held to account for that.
 
I participated in the recall effort of David Roberti; of Roberti-Roos Assault Weapons Ban fame; and the law by which the federal ban was modeled. I walked neighborhoods in North Hollywood gathering signatures for his recall as did the rest of the Gun Owners Action Committee of Orange County, CA.

While Roberti won the recall election, we were able to deplete his warchest which he was going to use for a run for Secretery of State. He is a private citizen today by the efforts of Russ Howard, Steve Cicero, and Californians Against Corruption.

As I recall:

John Van De Kamp went to prison.

Mike Roos resigned in disgrace.

Russ Howard, Steve Cicero, and Californians Against Corruption helped them on their way.

I don't make many appeals for people on the political side of the equation; but I am asking this assemblage to do what they can for Russ. He has done all he can, and given all he can, for you.
 
As a member of Gun Owners Of California, I also collected sig's and put up yard signs, what ever I could. I just wrote a check and have it ready to go in the mail in the morning. I can't afford it, but can't afford not to. :(

I asked not to be given the JPFO "for your donation" what ever.




I'm damn sick and tired of Law Abiding Citizens becoming criminals by way of legislative nonsense. :banghead:
 
Thanks Rick and Jim!

Van de Kamp didn't go to prison, but several of Roberti's "juice committee" bagmen did: Senators Carpenter, Robbins and Montoya.

The Teflon Don got away.
 
CAC

I stand corrected. It was Robbins I was thinking about when I said that. They caught him on tape taking a bribe. Wasn't he from Van Nuys?
 
Robbins

Yes. That's how we got to go after Roberti twice in 1992. Robbins went down and boss Roberti, who faced redistricting, carpet-bagged over from Hollywood to take Robbins' vacant seat in an open special primary.

It was a 60++% Democrat district and the pundits said Roberti would waltz in no sweat without a runoff and without spending any significant dough. He was Senate President, the 800-pound gorilla, and the other candidates were unfunded neophytes who posed no serious threat.

That was before we did extensive opposition research and used it in two surprise re-mails that our activist network sent to every household in the district.

The letters are classics. One of them graphically detailed links between Roberti and his juice committee front men, Carpinter, Robbins & Montoya, painted them as little piglets in a flow chart, and referred to Roberti as the "Teflon Don", etc.

Another labeled him "David of Hollywood". You have to have met him to know how apropos that is. He was still publicly flaming about that label many years later.

It was highly effective. We forced him into a runoff and by the time it was all over he declared that he'd spent $2.5 million for the seat. We'd busted his piggy bank. And remember, that's party money. The Sen Pres is expected to dole out to other candidates as needed. He's supposed to be in a solid spot so he doesn't have to spend it on himself. So we had begun to collaterally knock out other anti-gun Dems who would've been better funded. The Dems were shocked.

In reality Roberti's cost was much higher than $2.5mm in '92. He began spending his political capital in more ways than money. The bleeding had begun, and it started the process by which he had to step down as Sen Pres before the recall election.

As an example of the kind of non-cash spending that will never be fully accounted for, he used one of the party tricks of getting the union bosses to force unionized govt workers to "volunteer" to campaign for him in the district.

During the recall they came down from Sacramento in busloads.
 
Yeah, but when he found out that Mike Wu was gonna kick the snot out of him for the Hollywood district he filed in North Hollywood and kept an empty apartment there so he could say he "lived" there instead of in Hollywood.

Good riddance to bad rubbish, I say. Too bad he left his stench behind.
 
He went from Sen Pres to an appointment on the State Disability Appeals Board. From there he got appointed to the Solid Waste Board.

From David of Hollywood to Sultan of Sludge, Poobah of Pooh, Strongman of - well, you get the idea.

Then he couldn't even win a _primary_ for _city council_.
 
Status
Not open for further replies.
Back
Top