"Communications"
U.S Citizen Rights Alert
Written by Floyd Everett Harshman, a prisoner in the Fairbanks Correctional Center, 1931 Eagan Ave, Fairbanks, AK 99701
Dear Fellow Americans,
I regret to inform you of a grave encroachment on our United States Constitution. This insidious encroachment on our fundamental rights is being perpetrated by our own Federal Government. Our United States Constitution is under attack by the very people we voted into office, and who are supposed to be defending it.
For sometime now, our Federal Government has been mistakenly laboring under the assumption that since we voted them in, they are smarter than we are. Our Federal Government has set about to gradually undermine our Constitution's institutions of self-government and form a totalitarian government with themselves as the elite.
I realize this is an extreme statement and as an intelligent American, you are asking your-self: What proof does he have?
Exhibit 1
Judicial encroachment on our constitutional right to trial by Jury.
Congress has enacted laws that attempt to limit our civil and criminal Jury's power and function. These laws effectively limit the power of their original responsibilities and purpose.
Congress, through their agents, the Department of Justice and the Administrative Conference of the United States, have enacted the following:
- Federal Rules of Civil Procedure
- Federal Rules of Criminal Procedure
- Federal Rules of Evidence
These rules give their Judges unfair and unconstitutional powers over you and your Jury. These rules limit the Jury's knowledge and thus their power. These Federal rules of speech at your moment of most vulnerable moment, when you stand accused in front of a Jury of your peers. These Federal Rules give your Judge the power to physically GAG you and RESTRAIN you in court. And the Courts can use them at will.
Originally, our Founding Fathers set up our Constitutional Common Law Trial by Jury as prescribed by Magna Carta, to function as follows:
- As a defense against unjust and unwanted laws being inflicted upon We The People.
- As a defense against corrupt government officials or incompetence or prejudices of our Prosecutors/Judges.
- To ascertain the facts of the crime; the guilt or innocence of the accused in a civil or criminal case.
Today's Juries are only allowed to judge the guilt or innocence of the accused. They are no longer instructed to judge the fairness or validity of the laws themselves, nor the people who enforce the laws. The Juries are no longer even allowed to know to know the prescribed sentence or punishment.
The safe-guards our Founding Fathers gave us to thwart government tyranny are slowly being removed and most of us have not even noticed.
Exhibit 2
Another insidious encroachment on our fundamental rights and freedoms, promised by our Constitution, is the Federal Government's Bail Reform Act.
Compliments of our Congress, this UN-Constitutional law removes your right to "reasonable bail", promised by our 8th Amendment.
In fact, if your criminal charge carries a punishment of ten years or more, under the ‘Bail Reform Act’, you will be refused bail by our Federal Courts! And, since the majority of federal crimes now carry a sentence of more than ten years, you will more than likely be held in prison –just in case you are found guilty!
In America today, you are no longer innocent until proven guilty!
Exhibit 3
The opening statement of our United States’ Constitution promises us the “Blessing of Liberty”. This ‘Blessing of Liberty’ was so important, that our Founding Fathers put it in the opening statement of our Constitution.
Liberty as defined by Webster’s Dictionary:
A) “Freedom from external (as Governmental) restraint, compulsion, or interference in engaging in the pursuits or conducts of one’s choice to the extent that they are lawful and not harmful to others”
B) “Enjoyment of the rights enjoyed by others in a society free of arbitrary or unreasonable limitations or interference”
Today, our ‘Blessing of Liberty’ is slowly being restricted by rules, regulations and laws, enacted and enforced by our Federal Government. Most of these rules, regulations and laws, are what our Founding Fathers called ‘Imposter Laws’.
To help you understand what an imposter law is and the importance of traditional trial by jury, I want to tell you the story of one of our prominent founding fathers, William Penn.
Story of William Penn
William Penn, was the founder of the Stare of Pennsylvania, and leader of the Quakers.
In 1670, William Penn went on trial for his life. His alleged crime was preaching and teaching a different view of the Bible than that of the Church of England. This appears innocent today, but then, one could be executed for such actions. William believed in freedom of religion, freedom of speech, and the right of peaceful assembly.
The judge commanded the jury to find him guilty, since William freely admitted to violating to law and preaching his view of the Bible. Edward Bushell and three other jurors refused. They believed in the absolute power of the jury, though their eight fellow jurors cowered to the judge. These four jurors spent nine weeks of torture in prison. Often without food or water, soaked will urine, smeared with feces, barley able to stand, threatened with fines, yet they would not give in to the judge. After nine weeks, they emerged victorious.
Those four heroic jurors knew that while William had broken the law, the government’s law, he had injured no one. These jurors realized that only when actual injury to someone’s person or property takes place, is there a ‘real’ crime. These jurors understood that no law is broken when no injury occurs. These heroic jurors realized that no government law could be valid, that took away another’s right to free will, to freedom to choose how they wish to live. That there can be no loss of termination of rights, unless actual damage is proven.
Many imposter laws were repealed as a result of this case. Our Founding Fathers valued liberty of the individual and used their rights to trial by jury to repeal unwanted and unjust laws. Today, we call these imposter laws, victimless crimes.
William Penn’s trial made such an impact that every colony but one established the jury as the first liberty to maintain all other liberties. It was felt that the liberties of people could never be wholly lost as long as the jury remained strong and independent, and that unjust laws and statutes could not stand when confronted by conscientious jurors.
This fact is not lost on our Federal Government. This is their main reason behind their insidious attack on the juries of our country. This is the reason they wish to ‘suppress’ and ‘limit’ the power and function of our juries.
Jurors today face an avalanche of imposter laws; victimless crimes. Jurors not only still have the ‘power’ and the ‘right’, but also the ‘duty’, to nullify bad laws by voting “not guilty”. At first glance it appears that it is almost unfair, the power the jurors have over the government, but it is absolutely necessary when considering the historical track record of oppression that governments have wielded over private citizens.
Imposter laws are victimless crimes and thus, not crimes at all. Victimless crimes should be abolished, as they limit liberty.
William Penn’s case is one of historic importance, because we have his case to thank for our First Amendment rights. We have our Freedom of Religion, Freedom of speech, and right to peaceful assembly.
My fellow Americans, I have done my best to warn and educate you. The fate of our country is now in your hands. You have two choices:
A) You may stick your head back into the sand and pretend you do not know what is going on, or
B) You may join me and other Americans in defense of our Constitutional Rights and Freedoms.
If you choose the latter option, as I pray you will, I urge you to copy this letter and send or e-mail it to any and all Americans you can reach. We must get the word out to the public. We must get involved in our Nation’s politics and send a message to Congress they dare not ignore We must fight to preserve our Constitution and the Common Law Juries, that help us to protect our freedoms and liberties!
This is a communiqué from:
Mystiek Melody Lockery
C/O Fairbanks Correctional Center
1931 Eagan Ave.
Fairbankls, AK 99701
Dear People,
When the United States federal government raises itself up, tall and intimidating, and declares for all the world to see, that it will not respect its own states’ or their peoples’ vote, when you can have a state take a vote on something and the peoples’ will be shown by the outcome of that vote, then the federal government can step up and say outright, “We are big enough and powerful enough that we don’t have to abide by the outcome of your legal and rightful vote. (They have recently issued a warning that they will start arresting people who do not cease and desist in matters that have actually been voted legal in their states) If you do not vote the way we want you to vote, then that vote just won’t count. We will allow you to have the illusion of the power of voting, but when it comes down to it, you are the subjects, we are in charge, and whatever we say goes, regardless of your so called right to vote and help in making decisions in your state.”, when that is possible, there is something terribly wrong in this country, that desperately needs to be fixed. Since that is apparently the case though, we need to make a big, nationwide, organized, logical, sensible, powerful, push to completely legalize marijuana on the federal level. Once we get that done, that will take away the bully power they currently hold to harm and harass citizens doing something that has already been voted legal in their area. Prohibition should be fully lifted/retracted taking marijuana off the federal radar and out of their hands completely. Marijuana should be exclusively a state matter with no federal jurisdiction, therefore stopping the now inevitable, federal overstepping, interference. No matter where anyone stands on the marijuana issue, everyone should agree that the citizens in each state have a right to make their will known through state laws and constitutions, and have that right respected and upheld, not stomped on, overrun, and ignored. Take steps now to preserve our rights, help now to protect individual rights by bringing them to the state level and securing them there. Help keep the federal government where it belongs, out of state government business. People in New York may not think like, or hold the same opinions as, people in Kentucky or Texas, Florida or Arizona, California or Alaska. Each group of people has the right to have their state the way they want it. Each state is an individual state with its own rights. We live in the “United *States* of America”, not “*The State* of America”, let’s act like it, and keep it that way. We need to bring this issue to the forefront and shine a great big light on it. This is an issue that concerns every single person in this country, let’s all work on protecting our states’ rights (which are our rights).
Mystiek Lockery
100% supporter of states’ rights
And the legalization of marijuana
This is a communiqué from:
Floyd Everett Harshman
Fairbanks Correctional Center
1931 Eagan Ave
Fairbanks, AK 99701
Dear Fellow Alaskans’,
We humbly beg your assistance and protection.
Our Constitutional Rights are being violated by our Federal Government.
We stand accused of committing non-violent victimless crime… what Thomas Jefferson and our founding fathers called “Imposter Law”.
An “Imposter Law” is just what it sounds like: a phony law, therefore a phony crime. Simply put: if no person is harmed and no property of another is damaged, no crime has been committed.
My co-defendants and I have been incarcerated without right to “reasonable bail”. In fact we are being held without bail, a violation of our Constitutional Rights.
We are currently being held in the Fairbanks Correctional Center (FCC). FCC has so many Department of Corrections (DOC) violations that it qualifies for cruel and unusual punishment, as defined by our courts.
Further, incarceration at FCC violates our Constitutional Rights to a “FAIR TRIAL”, as it impairs our ability to properly defend ourselves. FCC does not have an Adjudicate Law Library or enough computers to review discovery material in a timely fashion. (Only 2 computers, to serve a population of 265-300+.) This amounts to a violation of our 5th + 14th Amendments.
We wish to challenge the unconstitutional “Imposter Laws” we are accused of committing. We wish to explain in court, why they are unjust and unconstitutional and why our Federal Government is so bent on this course of action.
Unfortunately, we are being censored. Our Federal Governments Federal Courts forbids us from giving testimony on these issues. We are not allowed to “Tell the truth, the whole truth, and nothing but the truth”. In fact, if we attempt to exercise our 1st Amendment Rights, we have been threatened with physical gagging and restraints, in court.
Our Federal Government, through Federal Court Rules manipulation, is trying to control our Jurors and thus, the outcome of our trial. This is hardly fair. It is certainly un-Constitutional.
Through these and other un-Constitutional manipulations, our Federal Government is attempting to coerce us into taking guilty pleas. It is working. I have agreed to plead guilty to something I did not do.
Without your direct intervention, this travesty of justice and Constitutional violation will occur. Please help us! Publicity of our plight is our only chance. Without your help, some of us will never get out of prison. Some of us will quite literally die in prison of old age, because of a non-violent victimless crime: an “Imposter Law”. Please help us!
Respectfully,
Floyd Everett Harshman
#281361
This communiqué is from:
Athena J. Mann
1608 Central Ave
Fairbanks, AK 99709
ATTENTION all Citizens of the USA,
This officially repeatedly declared “WAR on DRUGS”… and this officially repeatedly declared “WAR on TERROR”, are literally putting AMERICA in a state of national emergency!
As I understand it, the officially repeatedly declared “WAR on DRUGS” fact according to the Federal Government, places the ENTIRE USA under a National State of Emergency whereby it suspends all State and Federal Constitutional Rights of its citizens, and places all of the US citizens under suspicion of terrorism: which according to the US Federal Government, now enforceable by the still relatively new Department of Homeland Security, gives them the ‘right’ to hold anyone they target and classify as ‘suspicion’ without bail, nor proper representation, nor speedy trial, nor protection of human rights for an indefinite amount of time?
In attempts to be treated humanely, and have his rights exercised as a citizen of the United States; Floyd Everett Harshman has conveniently been placed into a cell which had been KNOWN to be uninhabitable apparently for years, kept at an approximate 50 degrees F: and was refused an extra layer of clothes. At first he had an extra blanket for when he slept, but, conveniently was thrown into solitary confinement (kept at approximately 80 degrees F) as an excuse to relieve him of his extra blanket, before throwing him back into his 50 degree F cell without it. All this was done under the guise of “suicide watch” after they refused to give him his necessary ear drops, making him nearly lose his mind, and when he filed a 5 page complaint of local FCC (Fairbanks Correctional Center), the State of Alaska as well as Federal Rules and Regulations of treatment of prisoners, within 2 days they, stepped up the torture to the previous stated situation.
To my knowledge, even the political and combatant “PRISONERS OF WAR” are protected under the Geneva Convention… which leaves me to believe he is being treated as a terrorism suspect, not a citizen up only on Federal drug charges. As there has been an officially repeatedly declared “WAR on DRUGS”… should he not at least qualify for human rights treatment according to the Geneva Convention, which would protect his rights as an accused inmate according to FCC and State of Alaska Rules and Regulations, and the Alaska Constitution?
Even the Federal Rules and Regulations of Criminal Procedures, are being thrown aside, in his case; which leads me back again to the criminally cruel and unusual treatment, straight to the subject of the U.S. Patriot Act. This horrifying Act is a travesty of everything American’s have fought and died for throughout our whole national history.
THIS INSANITY MUST BE REPEALED!
Both the U.S. Patriot Act and the “WAR on DRUGS” must be overturned and/or repealed, as together, they not only threaten ‘aliens’ legal or illegal but, even every citizen of every age!
Did you know that in the “WAR on TERROR” according to the U.S. Patriot Act… it is UNDEFINED as to requirements to become suspect?
Did you know that once suspected, they could come and snatch you from anywhere they find you, at any time they choose to find you with no warning?
Did you know that it is also UNDEFINED that they ever, even try you or convict you?
Did you know, that if you are suspect, they need not tell you on what supporting evidence your case is based?
Did you know, that you could be held/detained/incarcerated without bail, if you are suspected?
Did you know there is no DEFINED statute of limitations, for prosecution of UNDEFINED qualifications as suspect?
Did you know that if you become suspect, you could, be refused the right to travel, and in fact could lose not just all your possessions and freedom, but your rights to even be guaranteed humane treatment, or possibly even live?
Did you know that the USA holds the world record of shame, of having the highest population of prisoners and ex-prisoners in the ENTIRE GLOBE?
Did you know that half or more of those imprisoned are there only on drug charges, the majority of which are Marijuana related?
Did you know that those laws were instituted, by a propaganda war mainly propagated by a RACIST who was so ridiculously over the top paranoid about non-white males trying to hook up with white females that even other racists of the time called him an extremist, dating back to the US Prohibition time; as an attempt to ‘legally’ lock up as many non-white males as possible, for as long as possible, and deny them their rights as citizens and to be free men?
Did you know that that extremist propagandist was financially backed by, the alcohol industry, the jail and prison industries, the cotton and paper industries, (the KKK), and the American Medical Association, who were angry about being out performed and out sold by the Marijuana industries… that right… the Marijuana industries, plural?
Did you know that there are many strains of Marijuana; each having naturally occurring specific healing properties able to treat not just suffering, but actual diseases themselves?
Did you know, that when a bunch of respectable Doctors, defended the benefits of Marijuana, the DEA targeted them, threatened them, and carried out their threats against them, in order to keep Marijuana from being legalized whereby forcibly broadening their jurisdiction? Sound like the Nazi Brown Shirts & SS, or the Russian KGB? Well, it should, because it smacks of all of those!
Did you know, that the reason our United States Constitution, has physically lasted as well as it has, because it was written on HEMP paper (made from Marijuana)?
If you look up the answers to each of those questions (which will probably require serious digging even in the age of the World Wide Web as the DEA has gone to insane lengths to hide the truth) you will see for yourself, that the questions I posed to you are actually relaying important vital truths.
(I used to have all the reference information as to where you could find these facts, but, my papers were stolen, repeatedly, every time I acquired them. So in the interest of being EXTREMELY PRESSED FOR TIME, I am simply turning every one of you loose with these informational start points for research.)
In closing, PLEASE! PEOPLE! Find the TRUTH out for yourselves. Freedom is burning down all around us! This intended ‘control burn’ has gone out of bounds and is a wildfire. It must be stopped! They must be stopped!
PLEASE, forward these two letters to everyone you know!
Please publish these two letters anywhere and everywhere, you can think of!
It’s time for American’s to join together, ‘for if we do not stand together, we shall certainly swing separately’!
Rise up to the challenge, even if you are not Alaskans’ of any sort… the U.S. Patriot Act as well as the “WAR on DRUGS”, are a very potent and dangerous combination which threaten every individual in our nation… un-COVER this story as quickly as possible!
Sincerely, Athena J. Mann
This is a communiqué from:
Floyd Everett Harshman
Fairbanks Correctional Center
1931 Eagan Ave
Fairbanks, AK 99701
My fellow Americans,
I am an avocate of true unabridged liberty. I beieve as our Founding Fathers did, that no "Imposter Laws" should be passed or honored, that limit our right to free choice. I believe that we have enough rules, regulations, laws and statutes without enacting "Imposter Laws". I believe that if no person or property is harmed or damaged, no crime has been committed - despite what our government might say. I agree with our Founding Fathers on this issue, I believe "to each his own, so long as it does not infringe on the rights of others."
Occassionally I read an article that I really like and decide to spread their message. This article from Mr. Michael Shay, is one of those.
Useless War on Drugs
{Letters to the Editor, March 28, 2012, Fairbanks Daily News Miner}
To the editor:
One of our government representatives recently emailed me stating: "Regarding the 'war on drugs' I agree the Federal Drug Enforcement program has problems... but it also provides the benefit of protecting American's from dangerous drugs..." This rhetoric points to the heart of the problem.
The fact is that the "War on Drugs" does not protect the Americans from dangerous drugs. If it stopped the availability of drugs, it would have some value, but it does not. Illegal drugs are widely available in spite of lawenforcement. Irronically, their efforts have made the drug trade more profitable.
The "War on Drugs" promotes crime and destroys lives by making the drug trade profitable for criminals. It promotes street crime and street violence. It makes gangs profitable, which helps them attract young children into a life of crime, promotes international drug cartels and undermines the governments of many countries. In addition, it destroys the lives of non-violent citizens by locking them up in a prison system that molds them into hardened criminals rather than helping them reform their behavior. All this happens while the prison lobby cheers from the side lines.
To deny these facts is to deny reality. Americans are waking up to the fact that the "War on Drugs" is truely a war on American society, and every day more people are calling for an end to the madness of a failed drug policy. This group includes former police officers, religious leaders, the medical community and a large number of private citizens. It is time to focus our efforts on positive solution to the problem, like education and tretment.
It amazes me when people make the claim that the "War on Drugs" protects our kids from the negative influences of drugs. The opposite is true; it supports a huge enterprise designed to put those same drugs into their hands.
Michael Shay, North Pole
If we legalize drugs, remove the laws that forbid their use manufacture and sale, we can demystify them and take back control of the drugs within our boarders; by legalizing them, effectively removing organized crime’s monopoly and return control to ourselves. It worked for the liquor industry, and it will work for the drug industry too. We can, and should tax them and monitor them just like tobacco and alcohol.
There are several other countries that have that have legalized drugs – regulated them. It works! Drug use is down. They wisely chose to treat drug abuse like the disease it is!
Nevada has both gambling and prostitution. They regulate them, tax them, and provide and provide jobs for those that choose that lifestyle. It works!” Victimless crimes” are “Imposter Laws”, NOT CRIMES. They are lifestyle choices. Choices consenting adults make. That is their right as American’s.
We cannot keep people from using intoxicants. We cannot keep the drugs from crossing our boarders; we have tried for the last 40 years. They say, “Insanity is doing the same thing over and over, expecting different results.” It’s time to find a different approach to our nation’s problem with drugs.
Our 40 year War on Drugs has been going on long enough. It is time to heal our nation. It is time to end the war.
Let us legalize their right to choose their own lifestyle. As American’s who believe in our Constitution and our Bill of Rights; we do not have the “right” not to.
I urge you to do your part and end this war. I urge you to copy this letter, and send or email it to as many American’s as you can reach.
Respectfully,
Floyd Everett Harshman
This is a communiqué from:
Athena J. Mann
1608 Central Ave
Fairbanks, AK 99709
My Dear Fellow Americans',
The Following is from President B.O. and he is doing exactly what I was warning about.
The White House
Office of the Press Secretary
For Immediate Release
March 16, 2012
Executive Order -- National Defense Resources Preparedness
EXECUTIVE ORDER
NATIONAL DEFENSE RESOURCES PREPAREDNESS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
PART I - PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the "Act").
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States .
Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
(c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;
(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and
(e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;
(2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this order, shall:
(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and
(2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.
PART II - PRIORITIES AND ALLOCATIONS
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;
(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.
Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.
PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.
(b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.
(c) Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.
Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.
(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.
Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.
Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;
(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.
Sec. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.
Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.
Sec. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).
PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).
PART V - EMPLOYMENT OF PERSONNEL
Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.
(e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.
(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.
Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.
PART VI - LABOR REQUIREMENTS
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation's workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.
PART VII - DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.
(b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C
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This is a communiqué from:
Floyd Everett Harshman
Fairbanks Correctional Center
1931 Eagan Ave
Fairbanks, AK 99701
Subject: What Judges Don't Tell Juries
Dear Fellow Americans',
Before I reprint the article "What Judges Don't Tell Juries", I will demonstrate that it was not always so, with a quote from US Chief Justice Harlan F. Stone (1941-1946): "If a Juror feels that the statute involved in any criminal offense is unfair, or that it infringes upon the Defendant's natural God-given unalienable or Constitutional rights, then it is his duty to affirm that the offending statute is really no law at all, for no one is bound to obey an unjust law."
US Chief Justice Harlan F. Stone, also said, "That juror must vote not guilty regardless of the pressures or abuses that may be heaped upon him by any or all members of the jury with whom he may in good conscience disagree. He is voting on the justice of the law according to his own conscience and convictions and not someone eles's. The law itself is on trial quite as much as the case which is to be decided."
"What the Judges don't tell the Juries" {Minneapolis Star and Tribune, Nov. 30, 1984}
At the time of the adoption of the Constitution, the jury's role as defense against political oppression was unquestioned in American jurisprudence. This nation survived until the 1850's when prosecutions under the "Fugitive Slave Act" were largely unsuccessful because juries refused to convict."
"Then Judges' began to erode the institution of free juries, leading to the absurd compromise that is the current state of the law. While our courts unfortunately state juries have the power to return a verdict of not guilty whatever the facts, they routinely tell the jurors' the opposite."
"Furthermore, the courts will not allow the defendants or their counsel to inform the jurors' of their true power. A lawyer who made ... Hamilton's argument, would face professional discipline and charges of contempt of court."
"By what logic should the juries' have the power to acquit a defendant, but no right to know about that power? The court decisions that have suppressed the notion of jury nullification, cannot resolve this paradox."
"More than logic has suffered. As originally conceived, juries were to be a kind of safety valve, a way to soften the bureaucratic rigidity of the judicial system by introducing the common sense of the community. If they are to function effectively as the 'conscience of the community' jurors must be told that they have the power and the right to say no to a prosecution in order to achieve a greater good. To cut jurors off from this information is to undermine one of our most important institutions."
Perhaps the community should educate itself. Then citizens called for jury duty could teach the Judges a needed lesson in Civics."
As you can clearly see from the examples I provided, "times they are a changing", and not for the best.
Our federal government has significantly narrowed the functions and responsibilities of our juries. Today, not only are the jurors instructed to defer to the laws and statutes as written, deciding the specific facts of "guilty" or "not guilty" based solely on the facts presented, they are prevented from knowing "all" the facts.
Who decides which facts are pertinent and which aren't? Why the Judge of course. Who decides which facts the Judge will allow? Why our federal government of course.
Our federal government has effectively taken over our Common Law Trial by Jury. This is important because this is our last vote of our three-vote system, installed by our Founding Fathers to thwart government oppression and tyranny.
Our first two votes of our three vote system are of course the vote we use on election day to elect our public officials and the second vote being the one we exercise as a member of a Grand Jury.
Our Grand Jury vote is guaranteed by our United States Constitution's Fifth Amendment: "No person shall be held to answer for a capitol, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger..."
Unfortunately for America, our federal government is presently attempting to remove this safe-guard vote as well. Please note that the state of Florida, no longer 'requires' a Grand Jury except for capitol cases involving the death penalty. The state of Florida is doing this with tacit blessings of our federal government. And if memory serves me, isn't Jeb Bush their Governor? Son, and little brother of our last two President Bush's? This can hardly be coincidence.
As an intelligent freedom loving American, you cannot help but be very concerned with the behavior of our federal government. As a nation, America is in serious trouble. The rights, freedoms and liberties our Founding Fathers' and numerous other Americans have fought for, are being legalized away from us. Our federal government has effectively undermined our "Common Law Trial by Grand Jury" and our Grand Juries through their insidious rules, regulations, laws and statutes. As a nation we need to wake up!
We must alert our fellow Americans as to what is transpiring in America today. If we wish to remain free, truly free, we must regain control of our federal government. We must stop these insidious encroachments on our Juries and Grand Juries. To this end, I urge you to copy this letter and send or email it to as many Americans as you can. We must get the word out! We must send a message to Congress that they dare not ignore!
Respectfully,
Floyd Everett Harshman
