08-24-2013, 03:22 AM
Jon kept his face impassive, a simple, neutral, observant yet continual presence watching as the Prosecutor General wound down his statements before the Custody Court. Of course Jon was not neutral, and internally he gained no little satisfaction from watching his opponent give binding testimony that he hadn't intended to give. This mind medicine was truly powerful, indeed.
“”...While it stigmatizes and isolates individuals internationally...” Kant was saying at the moment. Jon cocked an eyebrow in mild surprise as he witnessed an exchange of bewildered glances between Kant and his assistant. It would be odd for Jon to not take notice at an opponent in the courtroom making the opposing team's argument. Inside, Jon was thinking he could hardly have done better had he fed Kant the words to speak himself. Was that something possible to do? That might be something worth exploring another time.
Jon watched Anatoly Kant sit at his table and reach for a glass of water, sharing hushed words with his assistant. Clearly the man was shaken, however it didn't seem he had been damaged beyond perhaps his pride and his reputation.
The pretty court clerk motioned to Jon that it was his turn to stand and deliver his argument. Jon put down his pen and carefully removed his thin-rimmed spectacles, putting them in his pocket. The easy part had been done. Now came the real work. Jon had only 20 minutes to state his case and he was going to have to be very, very careful here. He realized the Council would probably view him as an interloper, a foreign entity coming into their court to challenge their laws, and the ham-fisted way he'd gone about it, necessary though it was to get this hearing in such short time as he did, was likely to be viewed as a sign of disrespect. At the least it was unlikely to have endeared him to the individual Judges.
Jon stood and took his place at the podium before the seventeen men and women arranged in a semicircle before him. Seventeen pairs of eyes watching him with impatience...one or two with what appeared to be anger or outright hostility. No, he hadn't made any friends among the bench.
The clerk announced Jon to the Court: “Representing the claimant ad litem, Jon Little Bird, to deliver arguments on behalf of the Minutemen...”
Jon let the words wash over him. This would be his greatest challenge in a courtroom to date. He took a deep breath, centering himself through his third eye where the ever present force of the Great Spirit lingered, begging to be seized. Perhaps – no, now wasn't the time for that. Although it would heighten his senses it might be too much to allow him to maintain focus on his case.
The light on the podium flashed on to green, and he began.
He began with a subtle acknowledgment of his imposition on the Custody Court. “First of all, I would like to thank the Council for it's time and appreciate the wisdom it shows in determining the legal necessity of allowing my client to demonstrate it is neither in the interests of the Custody nor the intent of the law in question to classify the Minutemen as an F--”
He was cut off by a curt tone from the bench, on the right hand side, a smallish man of Lebanese or perhaps Syrian descent with graying hair and daggers in his eyes for Jon: “Get on with it, Mr. Little Bird. Don't waste our time with supplications.”
That had been Judge Saeed, if Jon remembered right. The man's tone implied some sort of personal offense; clearly he was one of the more hostile Judges. Fortunately Saeed was not known to have particularly strong influence among the body when they would sit to form their opinion. Jon gave a simple nod of acknowledgment to Saeed, who settled back in his chair and glanced at his watch. Was the man afraid he was going to run late to an important engagement?
Best to, as Judge Saeed had commanded, get on with it. Precious seconds were trickling through his hands. “The application of the law as outlined in Amendment I, section III, Title vi of the written Custody identifying and designating the Minutemen as a foreign terrorist organization is improper in that it defines a FTO as a group engaged in terroristic activity or possesses the ability and intent to conduct acts of violent aggression against the Dominance. The Minutemen as an organization are neither engaged in terroristic activity nor has the Dominance demonstrated a sufficient reason to believe in their 'ability and intent' to do so.”
Another judge spoke up from the left side of the bench, Illeana Borsch, Jon believed: “The testimony delivered by Chief Inspector Drayson seems to say differently. Are you refuting his testimony?”
Jon bobbed his head toward her and held up a hand to give pause. “I will address the specifics the Chief Inspector's findings of alleged actions observed of individual members of the Minutemen shortly. At large, however, actions taken by the Dominance as a result of this investigation are based upon an association fallacy. While there are a number of people who associate with groups classifying themselves as Minutemen and ascribing to a shared set of beliefs – defense of American constitutional rights against potential threats foreign and domestic, strong national defense and belief in strong ties to community and faith -- there is no such thing as a singular organization called the Minutemen in which it would be appropriate under Custody law to label as a FTO.
He was interrupted again, this time from Judge Saeed again: “You are arguing that the Minutemen don't exist as a group, then? In this case, why are we here?”
Jon gave Judge Saeed a patient smile. “We are here because, as a result of the FTO designation by the Dominance, many individuals with any association with a Minuteman group have had assets seized, been detained unnecessarily, and otherwise been harassed and inconvenienced, especially when conducting business or charity work abroad in foreign nations not under the CCD umbrella but under pressure to assist the CCD in its effort to root out potential threats to its security. The Dominace does not dispute the harsh stigmatization many individuals have endured as a result of the FTO designation. Nor does the Dominance dispute the nature of the Minutemen as a group lacking central authority or organization, even insomuch as a single leader or titular head of the party, but as more of a grass roots political force founded from the bottom up.”
Another question, from Judge...Jon drew a blank at the name. He was about seventy years in age, with thick jowls and a very shiny head devoid of any hair. The man probably waxed his dome daily to achieve that shine. “And you claim an … organic... group cannot become associated with terrorist activity?”
Jon shook his head. He would have to be careful not to let individual Judges put words into his mouth. “What I am saying is that the Minutemen of, for example, Alabama, have no real weight of influence on the actions of the Minutemen of New York. Both groups may classify themselves as Minutemen, and might associate or meet from time to time while engaging in shared political or protected free speech action, but one does not have any real and legally binding influence over the other.”
Jon tapped a button on the touchscreen of his podium. A map sprung up of the United States adorned with little dots and small notations of individual Minutemen organizations and their locations. This display sprung up in front of each of the Judges and on the respondent's desk. Eight hundred and thirty-seven, at last count, in all fifty states. There was even a new Minuteman chapter formed just a few weeks ago in Purgatory, Utah, of all places, apparently completely unassociated with any other group.
“Eight hundred and thirty-seven 'chapters,'” Jon said. “Each fully independent and associated only by common name and shared principles. Furthermore the individual groups do not have any legal means under U.S. Law to police themselves or force punitive action upon members for unlawful actions they might have taken of their own accord.”
“They can kick out the offenders,”
the chief Councilman noted. “Stop associating with them, can they not?”
Jon recognized the statement with a tiny smile. “Indeed any single body can refuse to allow a member to participate in meetings or other actions; however, as the Minutemen are not as a group recognized as a political party or formal singular organization – though they are seeking that designation – they currently lack the right under U.S. Law to trademark the name and sue to protect its misuse, so at this time anyone claiming to be a Minuteman or forming his or her own Minutemen group would be able to do so under the First Amendment.”
He paused, thankful for not getting interrupted again: “Currently there is no 'head' to the organizations in question that directs the actions of individual Minutemen, or has the power to prevent or constrain individuals from acting as they please. There are always a few 'bad apples' associated with any group. The Dominance is claiming that because a few members associated with the Minutemen might allegedly be involved with known terrorist groups, therefore all Minutemen are. To declare a blanket FTO status to all individuals associated with Minutemen groups, based solely on the alleged actions of a few, would be akin to claiming all Republicans were perverted because one elected member of Congress was caught in an uncompromising situation with a twelve-year-old.”
That earned a bang of the gavel. “You are reminded to observe decorum, Mr. Little Bird,”
the Chief Councilman said. “Please refrain from lewd imagery in your arguments.”
Jon nodded. “Of course, your Honor,” he replied. He wasn't about to lose momentum on the argument, though: “My point still remains valid: the designation of the Minutemen as an FTO is logically false and legally improper. Let it show for the record that there is not one Minutemen group that espouses as a part of its stated mission any intent to act with violence or even espouse any acts of terrorist intent.”
Jon pushed a button on the screen built into his prompter. He wasn't exactly up to date with current electronics, but he was able to start the scrolling video of the creeds of various Minutemen groups, or constitutions if one was willing to call them that. This display leeched precious minutes from his time to argue before the Council, but was important. The creeds scrolled by; Minutemen of Kentucky, Minutemen of the Dakotas, and so on. The most recurring theme was an intent to consolidate political power and elect representatives who would protect constitutional rights and implement a strong national defense, and who would reject any offer to cede the U.S. To the CCD.
Jon's video display was cut off by Judge Saeed again. Seriously, was that man in a rush to get out of here? What of importance was waiting him to be through with this hearing? “You've made your point, Mr. Little Bird,” he said. “What I am wondering is why the Court should disregard the testimony given today by the Chief Inspector of how the Dominance came to determine the Minutemen were an FTO?”
Jon nodded to the man. “Thank you, and I will get to that. While I have no doubt in Mr. Drayson's capabilities --” he turned to where Chief Inspector Drayson remained seated and nodded to him in respect – “I do contend with some of the conclusions drawn by said investigations. There is no need for the Court to examine the alleged actions of individuals to determine that relief should be granted to my client, for reasons I have already outlined; however, I will additionally address the investigations and demonstrate how their relations to my client and use of such investigations as proof of intent and capability to engage in terrorist activity is false, and that further, in some cases, said 'evidence' is so circumstantial it should be dismissed.”
Who to start with...Hm...How about Jason Kenzig. Clearly as big a self-unaware dirtbag as Jon had ever known. By day, the owner of a car dealership, by night a Christian minister and closet Klansman like his forefathers, still convinced skin color meant something in this day and age. Kenzig was clearly convinced it was the duty of the White Man to bring colored men to God and that the “greater race” had the duty to protect and guide the “lesser races.” It was funny how Jon found himself defending the man's actions. Well, Kenzig had the fortune of getting accepted into a local Minutemen chapter in exchange for both being silent about his “greater race” theories and his skill at getting donors to line up for his charitable actions.
Yes, that was a good place to start: “Jason Kenzig is accused by the Dominance of meeting with members of the Botswana People's Freedom Party, and by that claim all Minutemen are terrorists--”
Coming from the left side of the bench, a woman with steel-gray hair that was kept in a long braid; Solema Matamosi, if Jon remembered right: “The BPFP have claimed responsibility for several attacks against CCD members. This makes them terrorists, and by association Mr. Kenzig.”
Jon ducked his head. “I am not here to defend the actions of the BPFP. But where the Dominance has surveillance of Mr. Kenzig meeting with members of the BPFP, I would remind you all that video catches up with mainstream so quickly it is hard to determine what happened first.”
Jon tapped a button on his podium and brought up new video. This time it was of Jason Kenzig working alongside Botswananans, helping them plant new fields of crops that would yield a hearty bounty, delivering stores of grain and wheat to impoverished tribes, and preaching to amassed villagers of the Word of God and giving impassioned witness to its salvation.
Jon allowed the video to loop, and with a push of a button on his podium muted the sound. “I am certain that the Council has noticed that some of the same people identified as members of the BPFP are also prevalent in this video of Mr. Kenzig's missionary work. The fact remains that members of the BPFP include real leaders in the remote villages of Botswana, that it is the personal belief of Mr. Kerzig that he should assist in the alleviation of these peoples' suffering. Considering the political power held by the BPFP in Botswana, there is no way Mr. Kenzig could have avoided meeting with members of the BPFP. Unless it is the opinion of the Court that the CCD has the right to determine whether individuals of foreign sovereign nations can conduct charity work in other foreign sovereign nations not under CCD law – and the FTO designation of the Minutemen does indeed attempt to impose such a de facto claim – this testimony must be disregarded in respect to Mr. Kenzig.”
There were only ten precious minutes remaining for Jon to finish his argument. Fortunately he hadn't been interrupted again, perhaps a sign he was making progress on legitimizing his presence and the validity of his suit before the Court. “As for Anne Walsh, the Minutemen disavow any actions she might be charged of, having been committed after her break from the chapter she belonged to. CDPS has acknowledged their inability to tie Minutemen funds to her actions after leaving the organization, and I would present further evidence that she left the association precisely because the group she belonged to was not radical enough for her motives:”
Jon flipped another key on his podium, which brought up a display of an electronic message sent by Anne Walsh, which admonished the inaction and peaceful tactics espoused by the particular Minuteman chapter she was a member of. Perhaps most telling was her urging that “real action” be taken and frustration that her desire for revolutionary liberation of her homeland from the CCD was not met with equal fervor and call to action.
He gestured the display and turned to the Council: “As you can see, Anne Walsh was radicalized beyond the inclinations of her fellow Minutemen and willingly chose to break with the group. Her actions leading to her arrest have nothing to do with the Minutemen whatsoever.”
“And how exactly was Anne Walsh able to lay her hands on more than $200,000 to bring with her to Dublin after her departure from the United States?”
Judge...Great Spirit, Jon could not recall the name of Judge Shiny-Head. He was just going to have to refer to the man in his own thoughts as such.
Jon nodded to Judge Shiny-Head. “Testimony by Chief Inspector Drayson notes that the evidence is, indeed, circumstantial that she ever had the money to begin with. But I will provide more than circumstantial evidence to the Court that, if she indeed had the money claimed by CDPS to possess, in short, she stole it.”
It was all in his briefs, of course, but Jon still went to the touchscreen in his podium and brought up a series of documents to display. Investments – many laden heavily with Minutemen funds and church trusts. Anne Walsh had been a smooth operator, convincing practically anyone she encountered to trust her with their investments. The investment group she had headed had been flush with cash – or so it seemed, until her sudden expatriation. She was currently under indictment for running a Ponzi Scheme in violation of the regulations of the Securities and Exchange Commission.
Judge Matamosi piped up with another question: “The team of the CDPS was quite certain the money had come directly from the Minutemen. How would you refute their claim that this...movement of money...was not deliberate?”
Jon nodded to her. “Occam's razor, ma'am. In which two possibilities are equally likely, the most straightforward of the two is most likely to be true. We have on the one hand an individual who, clearly wanting to pursue revolutionary action that departed from the opinions of her peers, bilked money from them and split with it – and, on the other hand, the belief in an elaborate scheme where Anne Walsh pretended to have a falling out with the Minutemen, and in an elaborate and concerted effort, facilitated in part by multiple collaborators, laundered money out of the United States, willingly accepting the legal ramifications for doing so. The latter is simply absurd.”
Matamosi nodded in thought, plainly the explanation was sufficient for her.
“Any alleged actions committed by Ms. Walsh are irrelevant to the status of the Minutemen as an FTO,” Jon said.
The light on Jon's podium flashed yellow. He didn't have much time left.
Time to address a third issue, hopefully one that wouldn't take much time. “Testimony from Chief Inspector Drayson also noted that one of the cases used to determine the Minutemen as an FTO was the case of Derrick Schwartz. It baffles me that such a case would be included in any determination of the Minutemen as an FTO. I do not have any information on the alleged actions of Mr. Schwartz before he became a U.S. Citizen, and I do not need to. Quite simply, the CDPS is attempting to associate alleged actions of Derrick Schwartz allegedly committed prior to his immigration to the U.S. and his association with the Minutemen, as actions associated with the Minutemen; however, how could they be since the alleged activity happened before his immigration? If it pleases the Court, it should dismiss any and all relations of alleged terroristic action on behalf of Mr. Schwartz, and any testimony delivered, as relates to this case as immaterial and irrelevant.”
That statement drew a nod from...Judge Saeed, of all people. The judge engaged in silent cross-talk with another of the judges. Yes, the man was not noted to be particularly influential, but if Jon had managed to win him over, being initially the most hostile of judges on the Council, things were boding well for Jon.
Jon pressed on, mindful of what little time he had left. He had so much more to say and no time left to deliver it! Certainly there was no time left to call Chief Inspector Drayson to the stand, a major blunder on Jon's part as he would be unable to cross-examine the major witness for the CCD. Apparently his last argument had stuck, thankfully, allowing him to move on to address the last major case as outlined by Drayson. He took a breath and spoke again:
“The Chief inspector Drayson noted finally the investigation into Henry Corman.” Here Jon would have thought he would have an edge. He had met with Corman while organizing the use of the Potawatomi Indian Reservation as a place of refuge for the Daytona victims. But unfortunately his case was very thin here. Although it was pretty clear to Jon that Corman was behind the push to get Jon to file this suit to begin with – and the cash to finance it, which could see Jon living comfortably in Moscow for quite some time after his stay at the University for participation in debating ran its course – Jon had very little to defend against the CDPS argument Henry Corman was involved with staging riots in Moldova. Well, he could use what he had at hand.
“CDPS has documented trips to Moldova undertaken by Henry Corman. That is all they have, if the Court is pleased to revisit the testimony,” Jon said. “Henry Corman is a man who enjoys fine wines. He considers himself a high-dollar connoisseur. The man operates his own winery and is frequently traveling to learn more about the best grapes, the best processes, and the finest wines. Moldova is well known for its production of fine wines among various local vintners, but often they are rarely advertised and need to be sought out for one to learn their various secrets and trades.”
That earned a question from another of the judges, Judge Jacob Kohl, if Jon remembered right: “How do you explain the renewed fervor of demonstrations and acts of violence against the CCD in the wake of Mr. Corman's visits, then?”
Jon shrugged. He had no explanation for it. “Coincidence, possibly. A Full Moon and the tidings that might bring. One might note his visits did correspond with the lunar calendar in that respect. What I can say is no evidence links Mr. Corman's visits with acts of terrorism in Moldova beyond that of mere coincidence of his visits.”
The light was blinking red. Less than a minute left. Time only to summarize.
Jon took a breath. It was enough to finish upon. “It is clearly not the interpretation of the law at hand to designate a FTO status upon a loosely tied patchwork political organization with no stated intentions of engaging in terrorist activity. The alleged actions of a few do not reflect on the group as a whole. Additionally the evidence gathered on a few individuals fails to meet the legal burden of evidence of conspiracy or collusion among the Minutemen. The Respondent acknowledges real harm has been done to my client as result of the FTO designation. I pray the Court will grant relief to my Client in removing the designation upon those called the Minutemen as a FTO by reason that the designation as such is not, and was never appropriate.”
The light went red. Jon took his seat as the Chief Councilman adjourned the session. The gavel banged down. Judge Saeed seemed quite pleased as he hurried out of the chambers.
The arguments were done. This had been the hardest court battle he had faced to date, even with having subtly convinced his opponent to argue against the state's case through his use of mind medicine. There was no telling how the court would rule, although he had a good feeling a significant number of justices - including the right ones, those whose opinions gained traction among deliberation -- had been swayed.
Now Jon just had to wait for the opinion to be released.
Edited by Jon Little Bird, Aug 24 2013, 03:29 AM.
“”...While it stigmatizes and isolates individuals internationally...” Kant was saying at the moment. Jon cocked an eyebrow in mild surprise as he witnessed an exchange of bewildered glances between Kant and his assistant. It would be odd for Jon to not take notice at an opponent in the courtroom making the opposing team's argument. Inside, Jon was thinking he could hardly have done better had he fed Kant the words to speak himself. Was that something possible to do? That might be something worth exploring another time.
Jon watched Anatoly Kant sit at his table and reach for a glass of water, sharing hushed words with his assistant. Clearly the man was shaken, however it didn't seem he had been damaged beyond perhaps his pride and his reputation.
The pretty court clerk motioned to Jon that it was his turn to stand and deliver his argument. Jon put down his pen and carefully removed his thin-rimmed spectacles, putting them in his pocket. The easy part had been done. Now came the real work. Jon had only 20 minutes to state his case and he was going to have to be very, very careful here. He realized the Council would probably view him as an interloper, a foreign entity coming into their court to challenge their laws, and the ham-fisted way he'd gone about it, necessary though it was to get this hearing in such short time as he did, was likely to be viewed as a sign of disrespect. At the least it was unlikely to have endeared him to the individual Judges.
Jon stood and took his place at the podium before the seventeen men and women arranged in a semicircle before him. Seventeen pairs of eyes watching him with impatience...one or two with what appeared to be anger or outright hostility. No, he hadn't made any friends among the bench.
The clerk announced Jon to the Court: “Representing the claimant ad litem, Jon Little Bird, to deliver arguments on behalf of the Minutemen...”
Jon let the words wash over him. This would be his greatest challenge in a courtroom to date. He took a deep breath, centering himself through his third eye where the ever present force of the Great Spirit lingered, begging to be seized. Perhaps – no, now wasn't the time for that. Although it would heighten his senses it might be too much to allow him to maintain focus on his case.
The light on the podium flashed on to green, and he began.
He began with a subtle acknowledgment of his imposition on the Custody Court. “First of all, I would like to thank the Council for it's time and appreciate the wisdom it shows in determining the legal necessity of allowing my client to demonstrate it is neither in the interests of the Custody nor the intent of the law in question to classify the Minutemen as an F--”
He was cut off by a curt tone from the bench, on the right hand side, a smallish man of Lebanese or perhaps Syrian descent with graying hair and daggers in his eyes for Jon: “Get on with it, Mr. Little Bird. Don't waste our time with supplications.”
That had been Judge Saeed, if Jon remembered right. The man's tone implied some sort of personal offense; clearly he was one of the more hostile Judges. Fortunately Saeed was not known to have particularly strong influence among the body when they would sit to form their opinion. Jon gave a simple nod of acknowledgment to Saeed, who settled back in his chair and glanced at his watch. Was the man afraid he was going to run late to an important engagement?
Best to, as Judge Saeed had commanded, get on with it. Precious seconds were trickling through his hands. “The application of the law as outlined in Amendment I, section III, Title vi of the written Custody identifying and designating the Minutemen as a foreign terrorist organization is improper in that it defines a FTO as a group engaged in terroristic activity or possesses the ability and intent to conduct acts of violent aggression against the Dominance. The Minutemen as an organization are neither engaged in terroristic activity nor has the Dominance demonstrated a sufficient reason to believe in their 'ability and intent' to do so.”
Another judge spoke up from the left side of the bench, Illeana Borsch, Jon believed: “The testimony delivered by Chief Inspector Drayson seems to say differently. Are you refuting his testimony?”
Jon bobbed his head toward her and held up a hand to give pause. “I will address the specifics the Chief Inspector's findings of alleged actions observed of individual members of the Minutemen shortly. At large, however, actions taken by the Dominance as a result of this investigation are based upon an association fallacy. While there are a number of people who associate with groups classifying themselves as Minutemen and ascribing to a shared set of beliefs – defense of American constitutional rights against potential threats foreign and domestic, strong national defense and belief in strong ties to community and faith -- there is no such thing as a singular organization called the Minutemen in which it would be appropriate under Custody law to label as a FTO.
He was interrupted again, this time from Judge Saeed again: “You are arguing that the Minutemen don't exist as a group, then? In this case, why are we here?”
Jon gave Judge Saeed a patient smile. “We are here because, as a result of the FTO designation by the Dominance, many individuals with any association with a Minuteman group have had assets seized, been detained unnecessarily, and otherwise been harassed and inconvenienced, especially when conducting business or charity work abroad in foreign nations not under the CCD umbrella but under pressure to assist the CCD in its effort to root out potential threats to its security. The Dominace does not dispute the harsh stigmatization many individuals have endured as a result of the FTO designation. Nor does the Dominance dispute the nature of the Minutemen as a group lacking central authority or organization, even insomuch as a single leader or titular head of the party, but as more of a grass roots political force founded from the bottom up.”
Another question, from Judge...Jon drew a blank at the name. He was about seventy years in age, with thick jowls and a very shiny head devoid of any hair. The man probably waxed his dome daily to achieve that shine. “And you claim an … organic... group cannot become associated with terrorist activity?”
Jon shook his head. He would have to be careful not to let individual Judges put words into his mouth. “What I am saying is that the Minutemen of, for example, Alabama, have no real weight of influence on the actions of the Minutemen of New York. Both groups may classify themselves as Minutemen, and might associate or meet from time to time while engaging in shared political or protected free speech action, but one does not have any real and legally binding influence over the other.”
Jon tapped a button on the touchscreen of his podium. A map sprung up of the United States adorned with little dots and small notations of individual Minutemen organizations and their locations. This display sprung up in front of each of the Judges and on the respondent's desk. Eight hundred and thirty-seven, at last count, in all fifty states. There was even a new Minuteman chapter formed just a few weeks ago in Purgatory, Utah, of all places, apparently completely unassociated with any other group.
“Eight hundred and thirty-seven 'chapters,'” Jon said. “Each fully independent and associated only by common name and shared principles. Furthermore the individual groups do not have any legal means under U.S. Law to police themselves or force punitive action upon members for unlawful actions they might have taken of their own accord.”
“They can kick out the offenders,”
the chief Councilman noted. “Stop associating with them, can they not?”
Jon recognized the statement with a tiny smile. “Indeed any single body can refuse to allow a member to participate in meetings or other actions; however, as the Minutemen are not as a group recognized as a political party or formal singular organization – though they are seeking that designation – they currently lack the right under U.S. Law to trademark the name and sue to protect its misuse, so at this time anyone claiming to be a Minuteman or forming his or her own Minutemen group would be able to do so under the First Amendment.”
He paused, thankful for not getting interrupted again: “Currently there is no 'head' to the organizations in question that directs the actions of individual Minutemen, or has the power to prevent or constrain individuals from acting as they please. There are always a few 'bad apples' associated with any group. The Dominance is claiming that because a few members associated with the Minutemen might allegedly be involved with known terrorist groups, therefore all Minutemen are. To declare a blanket FTO status to all individuals associated with Minutemen groups, based solely on the alleged actions of a few, would be akin to claiming all Republicans were perverted because one elected member of Congress was caught in an uncompromising situation with a twelve-year-old.”
That earned a bang of the gavel. “You are reminded to observe decorum, Mr. Little Bird,”
the Chief Councilman said. “Please refrain from lewd imagery in your arguments.”
Jon nodded. “Of course, your Honor,” he replied. He wasn't about to lose momentum on the argument, though: “My point still remains valid: the designation of the Minutemen as an FTO is logically false and legally improper. Let it show for the record that there is not one Minutemen group that espouses as a part of its stated mission any intent to act with violence or even espouse any acts of terrorist intent.”
Jon pushed a button on the screen built into his prompter. He wasn't exactly up to date with current electronics, but he was able to start the scrolling video of the creeds of various Minutemen groups, or constitutions if one was willing to call them that. This display leeched precious minutes from his time to argue before the Council, but was important. The creeds scrolled by; Minutemen of Kentucky, Minutemen of the Dakotas, and so on. The most recurring theme was an intent to consolidate political power and elect representatives who would protect constitutional rights and implement a strong national defense, and who would reject any offer to cede the U.S. To the CCD.
Jon's video display was cut off by Judge Saeed again. Seriously, was that man in a rush to get out of here? What of importance was waiting him to be through with this hearing? “You've made your point, Mr. Little Bird,” he said. “What I am wondering is why the Court should disregard the testimony given today by the Chief Inspector of how the Dominance came to determine the Minutemen were an FTO?”
Jon nodded to the man. “Thank you, and I will get to that. While I have no doubt in Mr. Drayson's capabilities --” he turned to where Chief Inspector Drayson remained seated and nodded to him in respect – “I do contend with some of the conclusions drawn by said investigations. There is no need for the Court to examine the alleged actions of individuals to determine that relief should be granted to my client, for reasons I have already outlined; however, I will additionally address the investigations and demonstrate how their relations to my client and use of such investigations as proof of intent and capability to engage in terrorist activity is false, and that further, in some cases, said 'evidence' is so circumstantial it should be dismissed.”
Who to start with...Hm...How about Jason Kenzig. Clearly as big a self-unaware dirtbag as Jon had ever known. By day, the owner of a car dealership, by night a Christian minister and closet Klansman like his forefathers, still convinced skin color meant something in this day and age. Kenzig was clearly convinced it was the duty of the White Man to bring colored men to God and that the “greater race” had the duty to protect and guide the “lesser races.” It was funny how Jon found himself defending the man's actions. Well, Kenzig had the fortune of getting accepted into a local Minutemen chapter in exchange for both being silent about his “greater race” theories and his skill at getting donors to line up for his charitable actions.
Yes, that was a good place to start: “Jason Kenzig is accused by the Dominance of meeting with members of the Botswana People's Freedom Party, and by that claim all Minutemen are terrorists--”
Coming from the left side of the bench, a woman with steel-gray hair that was kept in a long braid; Solema Matamosi, if Jon remembered right: “The BPFP have claimed responsibility for several attacks against CCD members. This makes them terrorists, and by association Mr. Kenzig.”
Jon ducked his head. “I am not here to defend the actions of the BPFP. But where the Dominance has surveillance of Mr. Kenzig meeting with members of the BPFP, I would remind you all that video catches up with mainstream so quickly it is hard to determine what happened first.”
Jon tapped a button on his podium and brought up new video. This time it was of Jason Kenzig working alongside Botswananans, helping them plant new fields of crops that would yield a hearty bounty, delivering stores of grain and wheat to impoverished tribes, and preaching to amassed villagers of the Word of God and giving impassioned witness to its salvation.
Jon allowed the video to loop, and with a push of a button on his podium muted the sound. “I am certain that the Council has noticed that some of the same people identified as members of the BPFP are also prevalent in this video of Mr. Kenzig's missionary work. The fact remains that members of the BPFP include real leaders in the remote villages of Botswana, that it is the personal belief of Mr. Kerzig that he should assist in the alleviation of these peoples' suffering. Considering the political power held by the BPFP in Botswana, there is no way Mr. Kenzig could have avoided meeting with members of the BPFP. Unless it is the opinion of the Court that the CCD has the right to determine whether individuals of foreign sovereign nations can conduct charity work in other foreign sovereign nations not under CCD law – and the FTO designation of the Minutemen does indeed attempt to impose such a de facto claim – this testimony must be disregarded in respect to Mr. Kenzig.”
There were only ten precious minutes remaining for Jon to finish his argument. Fortunately he hadn't been interrupted again, perhaps a sign he was making progress on legitimizing his presence and the validity of his suit before the Court. “As for Anne Walsh, the Minutemen disavow any actions she might be charged of, having been committed after her break from the chapter she belonged to. CDPS has acknowledged their inability to tie Minutemen funds to her actions after leaving the organization, and I would present further evidence that she left the association precisely because the group she belonged to was not radical enough for her motives:”
Jon flipped another key on his podium, which brought up a display of an electronic message sent by Anne Walsh, which admonished the inaction and peaceful tactics espoused by the particular Minuteman chapter she was a member of. Perhaps most telling was her urging that “real action” be taken and frustration that her desire for revolutionary liberation of her homeland from the CCD was not met with equal fervor and call to action.
He gestured the display and turned to the Council: “As you can see, Anne Walsh was radicalized beyond the inclinations of her fellow Minutemen and willingly chose to break with the group. Her actions leading to her arrest have nothing to do with the Minutemen whatsoever.”
“And how exactly was Anne Walsh able to lay her hands on more than $200,000 to bring with her to Dublin after her departure from the United States?”
Judge...Great Spirit, Jon could not recall the name of Judge Shiny-Head. He was just going to have to refer to the man in his own thoughts as such.
Jon nodded to Judge Shiny-Head. “Testimony by Chief Inspector Drayson notes that the evidence is, indeed, circumstantial that she ever had the money to begin with. But I will provide more than circumstantial evidence to the Court that, if she indeed had the money claimed by CDPS to possess, in short, she stole it.”
It was all in his briefs, of course, but Jon still went to the touchscreen in his podium and brought up a series of documents to display. Investments – many laden heavily with Minutemen funds and church trusts. Anne Walsh had been a smooth operator, convincing practically anyone she encountered to trust her with their investments. The investment group she had headed had been flush with cash – or so it seemed, until her sudden expatriation. She was currently under indictment for running a Ponzi Scheme in violation of the regulations of the Securities and Exchange Commission.
Judge Matamosi piped up with another question: “The team of the CDPS was quite certain the money had come directly from the Minutemen. How would you refute their claim that this...movement of money...was not deliberate?”
Jon nodded to her. “Occam's razor, ma'am. In which two possibilities are equally likely, the most straightforward of the two is most likely to be true. We have on the one hand an individual who, clearly wanting to pursue revolutionary action that departed from the opinions of her peers, bilked money from them and split with it – and, on the other hand, the belief in an elaborate scheme where Anne Walsh pretended to have a falling out with the Minutemen, and in an elaborate and concerted effort, facilitated in part by multiple collaborators, laundered money out of the United States, willingly accepting the legal ramifications for doing so. The latter is simply absurd.”
Matamosi nodded in thought, plainly the explanation was sufficient for her.
“Any alleged actions committed by Ms. Walsh are irrelevant to the status of the Minutemen as an FTO,” Jon said.
The light on Jon's podium flashed yellow. He didn't have much time left.
Time to address a third issue, hopefully one that wouldn't take much time. “Testimony from Chief Inspector Drayson also noted that one of the cases used to determine the Minutemen as an FTO was the case of Derrick Schwartz. It baffles me that such a case would be included in any determination of the Minutemen as an FTO. I do not have any information on the alleged actions of Mr. Schwartz before he became a U.S. Citizen, and I do not need to. Quite simply, the CDPS is attempting to associate alleged actions of Derrick Schwartz allegedly committed prior to his immigration to the U.S. and his association with the Minutemen, as actions associated with the Minutemen; however, how could they be since the alleged activity happened before his immigration? If it pleases the Court, it should dismiss any and all relations of alleged terroristic action on behalf of Mr. Schwartz, and any testimony delivered, as relates to this case as immaterial and irrelevant.”
That statement drew a nod from...Judge Saeed, of all people. The judge engaged in silent cross-talk with another of the judges. Yes, the man was not noted to be particularly influential, but if Jon had managed to win him over, being initially the most hostile of judges on the Council, things were boding well for Jon.
Jon pressed on, mindful of what little time he had left. He had so much more to say and no time left to deliver it! Certainly there was no time left to call Chief Inspector Drayson to the stand, a major blunder on Jon's part as he would be unable to cross-examine the major witness for the CCD. Apparently his last argument had stuck, thankfully, allowing him to move on to address the last major case as outlined by Drayson. He took a breath and spoke again:
“The Chief inspector Drayson noted finally the investigation into Henry Corman.” Here Jon would have thought he would have an edge. He had met with Corman while organizing the use of the Potawatomi Indian Reservation as a place of refuge for the Daytona victims. But unfortunately his case was very thin here. Although it was pretty clear to Jon that Corman was behind the push to get Jon to file this suit to begin with – and the cash to finance it, which could see Jon living comfortably in Moscow for quite some time after his stay at the University for participation in debating ran its course – Jon had very little to defend against the CDPS argument Henry Corman was involved with staging riots in Moldova. Well, he could use what he had at hand.
“CDPS has documented trips to Moldova undertaken by Henry Corman. That is all they have, if the Court is pleased to revisit the testimony,” Jon said. “Henry Corman is a man who enjoys fine wines. He considers himself a high-dollar connoisseur. The man operates his own winery and is frequently traveling to learn more about the best grapes, the best processes, and the finest wines. Moldova is well known for its production of fine wines among various local vintners, but often they are rarely advertised and need to be sought out for one to learn their various secrets and trades.”
That earned a question from another of the judges, Judge Jacob Kohl, if Jon remembered right: “How do you explain the renewed fervor of demonstrations and acts of violence against the CCD in the wake of Mr. Corman's visits, then?”
Jon shrugged. He had no explanation for it. “Coincidence, possibly. A Full Moon and the tidings that might bring. One might note his visits did correspond with the lunar calendar in that respect. What I can say is no evidence links Mr. Corman's visits with acts of terrorism in Moldova beyond that of mere coincidence of his visits.”
The light was blinking red. Less than a minute left. Time only to summarize.
Jon took a breath. It was enough to finish upon. “It is clearly not the interpretation of the law at hand to designate a FTO status upon a loosely tied patchwork political organization with no stated intentions of engaging in terrorist activity. The alleged actions of a few do not reflect on the group as a whole. Additionally the evidence gathered on a few individuals fails to meet the legal burden of evidence of conspiracy or collusion among the Minutemen. The Respondent acknowledges real harm has been done to my client as result of the FTO designation. I pray the Court will grant relief to my Client in removing the designation upon those called the Minutemen as a FTO by reason that the designation as such is not, and was never appropriate.”
The light went red. Jon took his seat as the Chief Councilman adjourned the session. The gavel banged down. Judge Saeed seemed quite pleased as he hurried out of the chambers.
The arguments were done. This had been the hardest court battle he had faced to date, even with having subtly convinced his opponent to argue against the state's case through his use of mind medicine. There was no telling how the court would rule, although he had a good feeling a significant number of justices - including the right ones, those whose opinions gained traction among deliberation -- had been swayed.
Now Jon just had to wait for the opinion to be released.
Edited by Jon Little Bird, Aug 24 2013, 03:29 AM.