Schaeffer Cox Denied Motion

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Schaeffer Cox

Transcript of Schaeffer Cox Denied Motion

Case 3:11-cr-00022-RJB Document 126

Filed 11/15/11 Page 1 of 47

NELSON TRAVERSO Law Office of Nelson Traverso 312 Fifth Avenue Fairbanks, Alaska 99701 Phone: 907-457-3307 Fax: 907-457-3308 Email: traverso.law@gmail.com Attorney for Francis Schaeffer Cox

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA Case No. 3:11-CR-00022-RJB MEMORANDUM IN SUPPORT OF MOTION TO DISMISS SINCE THE GOVERNMENT HAS ENGAGED IN MULTIPLE SUBSTANTIVE DUE PROCESS VIOLATIONS TO CHILL AND/OR SILENCE THE FREE EXERCISE OF SPEECH OF FRANCIS SCHAEFFER COX

UNITED STATES OF AMERICA, Plaintiff, vs.

FRANCIS SCHAEFFER COX, COLEMAN L. BARNEY and LONNIE G. VERNON, Defendant(s). I. BACKGROUND

The Federal Bureau of Investigation (hereafter abbreviated FBI) opened a preliminary investigation of Francis Schaeffer Cox on February 16, 2010. (Exh.1). The FBI received reports that Francis Schaeffer Cox had advocatedMemorandum Page 1

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the violent overthrow of the government in speeches made in Montana. Id. The speech that drew concern was made in November 2009. Id. A preliminary investigation was initiated on February 16, 2010 with an expiration date of August 14, 2010. Id. The FBI agent who opened the investigation remembered a year earlierFebruary 2009that Francis Schaeffer Cox came into the FBI office and advocated the overthrow of the government by violent means. Id. According to the agent, Cox stated that the militia group had airplanes, grenade launchers, bombs, claymores, and machine guns. Id. The agent described those claims as likely fictitious. Id. The document relating the information about Cox was channeled to a counter terrorism unit dated February 16, 2010. On February 22, 2010 the FBI heard a radio program of William French of Helena, Montana who was sympathetic of the man whose airplane crashed into the IRS building in Austin, Texas; French also expressed admiration for a video of Francis Schaeffer Cox. (Exh.2) French agreed with Coxs statement that one must not only be willing to die for liberty but must also be willing to kill for liberty if law enforcement came into your home. Id. The FBI transcribed a speech that was made by Schaeffer Cox on November 24, 2009 in which Schaeffer states his views on government in an excerpt (transcription attached hereto as Exh.3):Memorandum Page 2

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Liberty always wins because tyranny self-destructs. Even a casual history will show you that governments grow until they pop. And then theres another shot at liberty. The seams are busting on this balloon. Its going errrrr right now and they just keep blowing more air in it. There is going to be another shot at Liberty. Now here is my greatest fear, my greatest fear. And Ill talk a little bit about me and thousands of other people. We are really on the ball in Alaska. And Ive come to address this very thing. All right. My greatest fear is that as our government fails and as it comes crashing down, the concept of law will be swept away with it. Now we dont have the rule of law now. We have the rule of force, because they dont care what the law saystheyre the iron fistsdo it or else. Thats how they operate. So we have some semblance of order just because of the Pax Americana the rule of force, but Im afraid that if we dont have the moral integrity as individuals and as a society to hold it together when they bear the natural consequences of their irresponsible, immoral, lawless actions, that we will just crumble into chaos. And itll be just lawlessness. And there will be no respect for people. There will be no respect for property. And it will be just tyranny of the mob. And let me tell you, tyranny of the mob is just as bad as tyranny of the elite. And we must not let either one of those prevail. I would say to you right now that our government is a wounded bear. And I for one dont think the best use of my time and money and fervor is to try to make a wounded bear die faster. Im going to put my energy into cultivating and rebuilding whats going to be next. Because theyre going to go away. And people are going to need a skeleton to come on to. We have just wonderful, wonderful founding documents. Weve got the Declaration of Independence, weve got the Constitution, and weve got aMemorandum Page 3

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shot coming at us faster than we realize to go back to that. And thats where Im putting my energy. Real quick, let me finish, the three things we did: first one was the Liberty Bell, the common law court, and then we formed a militia. And thats a really good thing. You know, of course they get a bad name from the liberal media, but anything theyre bashing I look into because its probably good. And we formed that with groups of 5 who are accountable to 1 team leader and then 4 groups of those 5 which are accountable to a unit sergeant; 2 units are accountable to a commander and on up like that. This command structure. Weve got 3500 man force, militia force, in Fairbanks. It is not a rag-tag deal. I mean, were set: weve got a medical unit thats got surgeons and doctors and medical trucks and mobile surgery units and stuff like that. Weve got engineers that make GPS jammers, cell phone jammers, bombs, and all sorts of nifty stuff. Weve got guys with weve got airplanes with laser acquisition stuff and weve got rocket launchers and grenade launchers and claymores and machine guns and cavalry and weve got boats. Its all set. And the reason is to protect ourselves. People join this and participate in this and accept it as part of the community because its a way for you to fulfill your moral obligation to protect your family, and pledge to help your neighbor to protect his family. And you know what, we are indulging in an illusion if we think anybody is going to do that for us. We created a judicial, an executive and a militia, and thats all you need to preserve the rights of free men. And I would encourage you to consider doing the same down here because if everything falls apart and our government as we know it, the tyranny, kibashes, do we really want to re-establish it? Or do we want to go back to something a lot more basic, with a lot more freedom, because we are going to have that opportunity. So I dont get all wrappedMemorandum Page 4

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around the axle when they pass the bailouts. Lets have one every Friday, you know, get it done. So thats where were at. Dark times. We need bright people. Remember this phrase-write this downbecause when youre about to go under you need to remember this; this is true. When things fall apart people come together. On March 31, 2010 a document sent to the Anchorage, Alaska FBI office from Salt Lake City office with reference to Helena, Montana had four names followed by the words militia extremism. (Exh.4) Schaeffer Coxs name is listed. The FBI document refers to a Liberty Bell group forming in Sanders County, Montana. The document states that unavoidable references to persons and groups engaged in the exercise of First and Second Amendment Rights; however, the justification for this communication, and that of the captioned investigations, is based upon threats of violence and violation of federal criminal law. Id. The agent describes that there is concern for the rising support for Schaeffer Cox in Montana. (Exh.4,p.2) This is expressed in the FBI memorandum that Coxs Liberty Bell is also being followed by Ron Robinson in Plains, Montana. Id. Liberty Bell is an automatic phone system that is invoked when a person encounters law enforcement and wants others to monitor what the police are doing by showing up and witnessing events taking place. (Exh.3,p.4) The recipient ofMemorandum Page 5

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the call is to go to the location, directed not to aggravate the situation, and record everything. Id. This is a means, according to Schaeffer Cox, of looking out for each other. Id. Another FBI memorandum dated March 30, 2010, reports that a person visiting a gun store in Evergreen, Montana was approached by a customer who was handing out DVD copies of a speech of Francis Schaeffer called The Solution. (Exh.5) The Solution speech relates the state of affairs for the country as a whole and that a common law court, Liberty Bell Network, and an armed militia need to be formed in communities. Id. After viewing the speech the party was particularly concerned about the calls for armed militias, the monitoring of law enforcement, and that the formation of a Liberty Bell group in the area would cause gun owners to commit acts of violence. Id. Dissatisfaction was expressed with the gun show because conversation revolved around Schaeffer Cox videos. Id. The Solution speech, made in Hamilton, Montana December 1, 2009 (attached in its entirety hereto as Exh.6) is submitted in excerpts as follows: You know, here, were going to hell on a freight train, you know. The way that I feel when I look around at this current debacle that we have and its been building for years and years, is I feel like theres just this huge power out there thats just, just incomprehensible, even toMemorandum Page 6

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think about, ah, influencing it, let alone stopping it, and all I want is just to be free and to respect other people and have respect me and to be protected by the law and do what I want, you know? And have freedom. And I dont understand all the ins and outs of this giant monster thats coming our way and bulldozing our freedom. But I feel in my gut a resentment and I think that you identify with this. We shouldn