Why should you attend the Denver Nalty-Byfield ENTERPRISE TRIAL?

Why support the “We The People” public-oath sticklers who the state is prosecuting like a criminal enterprise? A few reasons: Solidarity. Because as hardheaded as they might be, defendants Stephen Nalty and Steve Byfield are still JUDICIAL REFORM ACTIVISTS. Sense of fair play. Half the courtroom gallery is filled with Colorado Attorney General staffers and FBI special agents chumming it up with jurors and briefing their THREE FBI UNDERCOVER WITNESSES while the defendant pariah side of the audience is warned by the judge that even a whisper will result in ejection. Thrills. Where else are you going to see this many federal agents pushing their weight around, barking at you in the hallways, swaggering gleefully about how much smarter they are than the defendants? Pathos. Come watch the Assistant Fucking Colorado Attorney General, Robert Shapiro himself, lead a team of prosecutors against the unrepresented defendants, watch Shapiro belittle them, lecture them, trivialize their difficulties defending themselves in jail, and pretend they can review “tens of thousands” of pages of evidence and “hours and hours” of undercover surveillance tapes in a single day. Because you can make a difference. Come push the FBI-guys’ buttons. Come witness and document the abuses of the overbearing prosecution team. Come lend public pressure on the judge, whose conscience is already bothering him about how unfair this sham trial has become.

You don’t have to agree with how Nalty and Byfield went about trying to reform the judicial system, but aren’t they mostly right? Judges ARE corrupt. Local officials ARE NOT accountable to the people. Law enforcement WON’T pursue charges of their own corruption and the media certainly won’t side with the reformers. When Nalty, Byfield and Co, served commercial liens valued at billions and trillions of dollar against officials who hadn’t filed oaths of office, it was an effort of last resort to get someone’s attention. No one was thinking, hey, maybe this eleven-figure dollar demand will slip through the cracks and the billions will be ours!

Each lien was calculated to represent the sum defrauded from and owed to the American People. Prosecutors can tap these defendants for conspiring and racketeering and extorting and attempting to influence public officials, but they can’t say the defendants aimed to obscond with one single penny. Throwing three undercover infiltrators at a twenty member judicial reform group, putting thousands of manpower hours into locking these defendants away, is gross abuse of authority and it’s hubris.

Authentic transgressions
As the sham trial goes on, the pieces are coming together on the cases of Nalty and crew. It turns out federal investigators labeled them “sovereigns” because they’ve held themselves not responsible for paying traffic tickets, property taxes, and the like. In the end I’ll grant you Nalty’s group may be guilty of those. I say “may” because such citations may have been retaliatory for their political beliefs.

As to the punishment, I believe adjudicators should take into account that the defendants acted not to enrich themselves, nor to flaunt the law per se, but to assert political rights about which they may have been misguided. Again I say may because the defendants are being tried, after all, according to a set of laws, which enforce a social contract, the terms of which the parties do not agree.

I use the word misguided as a nod to those who think the Nalty gang have acted like idiots. That’s easy to say, and easy to laugh, but no one’s yet figured out how to emancipate labor from the yoke of capital. You may regard interest and rent as your inherent debts. These sovereigns don’t and they’re trying to say so.

Economic slavery
Ours is a system of peonage to which this crew feels they never indentured themselves. The ersatz writs and liens they spammed to every official they encountered were the legal loopholes they thought could break the bank and liberate everyone from financial tyranny. While Nalty’s scheme intended insurrection, it wasn’t against democracy or the republic, it was against taxation without representation, the same beast Americans pretend to have overthrown with the Declaration of Independance.

Instead of tea into Boston Harbor, this crew dumped a bunch of junk paper unto the reception counters of Colorado public offices. Charge Nalty’s crew with littering maybe, at most, vandalism, though it’s hard to say these vandals caused even a scratch. Every public official who testified as a victim said they didn’t take the ersatz documents seriously.

The writs and liens looked officious, but weren’t attributed to known government or banking institutions. Likewise signatures were signed in red. Red was chosen to represent the signer’s blood, even though red is a color which automated banking systems reject as unreadable, therefore invalid.

Not one witness expressed confusion about the validity of the papers. They mentioned too the rambling diatribes in the text block.

To call the defendants “paper terrorists” wildly overstates the effect they achieved. They didn’t terrorize anyone. Governments like to accuse rebellious insurgents of “terrorism”, but that’s another paralegal threshold with which most common citizens, and certainly these “sovereigns”, disagree.

Real funny money
These guys did the equivalent of feed Monopoly Money into ATMs. No bank balances were changed and no real money came out. Counterfeit currency is one thing, but denominations of your own handywork pretending to be only that does not qualify as funny money in the illegal sense. I’m guessing forms submitted in a language foreign to bank clerks would be rejected out of hand. How are these any different? Irregular submissions, as one witness called them, need not generate calls to the FBI or the Colorado Joint Terrorism Task Force. I’ll bet that ATMs know to reject Monopoly Money. If they don’t, whose problem is that?

The trial of defendants Stephen Nalty and Steve Byfield is due to wrap up Friday. The prosecution will have taken seven days to present its case and Assistant Attorney General Robert Shapiro intends to object if the defense rebuttal takes more than a half day, maybe a whole. This trial is meant to intimidate the other defendants to convince them to take pleas.

Next in the pipeline is Bruce Doucette whose trial starts October 16. Defendants Harlan Smith and Dave Coffelt have hearings on October 18. If they do not take deals, Shapiro intends to enjoin their cases, to save time and money. He’s already convinced defendant Brian Baylog to take a deal and turn state’s evidence. Baylog is scheduled to testify against Nalty and Byfield shortly.

By now the condemnation of Nalty’s commercial lien scheme will have cost Colorado millions in man hours and legal expenses. You can fine a graffiti artist for having to restore an edifice to its original lustre, but you can’t expect him to bear the full cost if you chose a cleanup crew that wears Gucci loafers, most of whose jobs is to pat the other on the back.

Colorado’s overkill with federal agents and counter-terrorism experts is a problem of its own making.

The Nalty-Byfield trial continues through this week 8:30am – 5pm, at Denver’s Lindsey Flanigan Courthouse, in Division 2H, ironically, “Juvenile Court”.

Bernard Madoff serves time incognito

Pnzi scheme financier scam artist in Groucho incognito glassesYou and I fight traffic tickets, Phil Spector fights charges that he put a gun to a woman’s mouth and pulled the trigger, he fights for years. Everyone fights against the long arm of the law, except Bernie Madoff. Does that make sense to you?

The biggest economic fraud ever perpetrated by one man, and that man pleads guilty. Hmmm.

We are told that as a consequence, Madoff doesn’t have to tell anyone where he buried the treasure. Meanwhile his accomplices are being charged and are proclaiming themselves innocent.

Okay, I didn’t know that not plea-bargaining means not having to say you’re sorry, or divulge where you took the loot. I didn’t know that when Kenneth Lay died, it meant that because his appeal could then never be exhausted, his wife and family got to keep the money. An appetizing pattern emerges…

Can you imagine a parade of white-collar-criminal bunkmates sidling up to Madoff in prison, hoping to learn the whereabouts of his vanished bullions (who saw that pun coming)? Nor can I. Michael Milken –now a financier and philanthropist–had plenty of business suitors waiting to hire his larcenous consultation when he was released. Paper crimes don’t garner severe prison sentences. Whether Madoff has a felony on his record or not can hardly hinder his future prospects.

Madoff has a very good reason to plead guilty. It’s a bit like the Kenneth Lay play-possum legal strategy. Let’s remember Bernie Madoff couldn’t even afflict himself with jail. He remained out on bail in his luxury penthouse, until his day in court. Since then where has he been? Have YOU seen him? Are you sure he’s where authorities say he is?

I’m convinced that Bernie has a plan to stay out of the penal system. And it doesn’t involve a jury verdict.

I’d guess with just a fraction of his loot, he can pay off the very few administrators involved to handle the paperwork to incarcerate someone in his place. No visitors, no outsiders to know. It won’t be Bernie doing the time, it’ll be a stand in. Maybe as simple as a real inmate, written off as released, but reissued Bernie’s ID. No cosmetic surgery necessary, what’s the probability that prison guards know what Bernie Madoff looks like anyway.

If Bernie had to go back and forth to court, he’d have to do be there himself. Being seen by too many people.

In prison, rather, not in prison, Madoff can live the rest of his years on a private estate, miles from onlookers, his fence-line probably abutting Kenneth Lay’s.

The community service chain gang

Support your local sheriff
Involuntary roadside workers may not be as conspicuous as when they wore the stripes of yore, but they’re there. You thought those bright orange vests belonged to Parks and Rec personnel? Often they are citizens repaying a debt to society. More specifically, a sweat equity forfeiture to the sheriff.

Municipal courts and prosecutors levy community service hours as a penalty for misdemeanors. While we might envision “community service,” as lauded recently by Barack Obama, as helping a charity for example, or doing social work, in reality it’s whatever the local government needs done on the cheap. They pay the private agency which validates your hours, you work for free.

While municipal courts, and the traffic tickets that drive them, serve chiefly as cash registers for the local administrators, one can easily imagine the growing incentive to harvest unpaid labor for services that require work. These are jobs that could be going to union laborers, or landscaper contractors. Instead the burden is being put on the common citizen, usually the ones least able to fend off the arbitrary enforcement of law.

In the age of electronic ankle bracelets, work-release programs, and house arrest, there’s no need for striped coveralls and chains. Bring your own leather gloves and sunscreen and put your shoulder to the facade of our healthy looking community. It’s becoming a prison planet without us really seeing it. Wages are shrinking, the cost of living rises, the pursuit of happiness dissipates, and you’re throwing your back and your dignity into tasks that once upon a time you would have proclaimed were why we all pay taxes.