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[LibertarianExchange] OPINION RELEASE: IRWIN SCHIFF UPDATE

We The People Constitutional Activism
Sat, 11 Mar 2006 16:23:39 -0800

 
Rick Stanley
Constitutional Activist
E-mail: [EMAIL PROTECTED]
 
We the People Scoop 3/11/06
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OPINION RELEASE: IRWIN SCHIFF UPDATE
 
----- Original Message -----
From: "Peter Mancus" <[EMAIL PROTECTED]>
To: "BOB SCHULZ" <[EMAIL PROTECTED]>
Cc: "RICK STANLEY" <[EMAIL PROTECTED]>; "PETER McCandless" <[EMAIL PROTECTED]>;
"MICHAEL BODINE" <[EMAIL PROTECTED]>; "MARC LUCAS" <[EMAIL PROTECTED]>;
<[EMAIL PROTECTED]>; "JOHN WOLFGRAM" <[EMAIL PROTECTED]>;
"DEVVY KIDD" <[EMAIL PROTECTED]>
Sent: Friday, March 10, 2006 7:07 PM
Subject: IRWIN SCHIFF UPDATE
 

Dear All,
    A friend of Irwin Schiff hired me to go to where Irwin Schiff [IS] is being
held to consult with him on legal matters and to try to uplift his spirts, etc.
    I did what I was hired to do.
    IS has authorized me to disclose his current situation to anyone per my
discretion. Nevertheless, I will not disclose material, sensitive, legal
matters, so I will keep this email generic.
    IS is currently being held at the "Florence Correctional Center" in
Florence, Arizona. His Inmate ID No. for that facility is stated below and the
name, work address, and work telephone number of an adminstrator that I worked
with to get access to IS at that FCCenter is also stated below.
 
Yolanda Rodriguez
Administration
 
Florence Correctional Center
 
1100 Bowling Road
 
Florence, Arizona 85232
 
(520) 868-9095, ex. 2205
 
* * *
 
Irwin A. Schiff, Inmate ID No. 08537014
 
    IS seemed to weigh about 30 pounds less that when I saw him at BS's
WeThePeople convention in D.C. about 3 years ago, and his facial hair [hair and
beard] is now 100% white.
 
    Attorney-Inmate visiting hours were from 8 a.m. to 3 p.m. I spent a total of
approximately 13 hours with him, face to face, on two consecutive days, Tuesday
and Wednesday of this week, at this FCCenter. The FCCenter folks were nice to me
but there was always delay in getting IS down for me to visit.
 
    I asked IS if he had any special message(s) for anyone. He did. I will send
them out seperately or make the appropriate telephone calls on his behalf. He
did authorize me to convey this: Despite the convictions and lengthy sentence,
which he openly described as a death sentence if he does not get the conviction
reversed, his spirits were "pretty good" until some official confiscated about
$800 of his own money that he used to pay for telephone calls to people and to
buy commissary items. He said he was told the govt legally confiscated that $800
[apparently the entire sum of the balance of the rest of his money that he had
when he was originally incarcerated this last go-a-round.] Apparently, being
stripped of that money and cut off from the world really hurt him deeply and
continues to do so [understanably!] He said he would love to call some, if not,
all of you, plus others, but he is too embarrased to call collect and refuses to
do that to some or most of you.
 
    I told him that I knew of a person who was willing to send him $500-1,000 so
he could call people and buy himself things, but, IS said, emphatically, that no
one should send him anywhere near that amount but $300 from someone would be
nice, as a test, to see if the govt will confiscate money that an outsider gives
to him.
 
    The approximate 13 hours I spent with IS was productive. We discussed his
views of the tax laws, etc., and what can be done to get his conviction reversed
and to keep the govt from getting his "Mafia" book permanently banned.
 
    Our conversations jumped all over the place, with scant structure. I could
not get IS to stay focused or to approach the subjects to be discussed the way I
wanted to approach them. He gushed with ideas, all of which, or almost all of
which [e.g., well in excess of 97%] were meritorious in my judgment. I learned a
great deal from him. I yielded to his preferred method of discussing things, but
his method was periodically frustrating and irritating for me. It seemed to me
that he was so happy to have an outside visitor, and to have someone who would
listen to his views and to try to help him, that once he got started on a
subject and went on to explain it, he jumped from idea to idea, without
completing an idea. I found that to be very frustrating. It reminded me of my
father-in-law's bird dog that would go chase rabbits when we hunting pheasant
and the dog's job was to stay focused on finding and pointing to pheasant.
 
    Despite IS's jumping all over the place in explaining his ideas, the first
day's meeting was productive, even though he increasingly annoyed and irritated
me by continuing to jump all over the place, despite my polite urgings to stay
focused on one thing at a time.
 
    He brought out about a 6-8 inch stack of legal documents, some written by
him, his previous lawyers, and govt attorneys or federal judges.
 
    He manifested a great command of these documents--their content.
 
    He periodically manifested a mild to moderate hearing loss problem and a
periodic slight delay in recalling a name or a fact, but nothing that appeared
to be any obvious sign of dementia, delusion, or manic-depressive.
 
    His physical agility, strength of hand grip, balance stability, walking
ability, hand movements, etc., all appeared to be good and appropriate for a man
his age and perhaps slightly better.
 
    He smiled a lot with me.
 
    He appreciated humor.
 
    I was favorably impressed with his command of the subject matter, especially
of many important finer points, points that I suspect most people with
professional licenses do not know and would likely never figure out if left to
their own devices for years.
 
    He told me the food was "not bad, better than the Las Vegas" facility.
 
    Toward the end of the first day's visit, the officials let us go well pass
3:00. Arizona is one hour ahead of CA and I did not set my watch to AZ time. I
was thus caught off guard when an official approached us at the visitation cut
off. When I realized the problem the official let us continue to about 3:35 and
even said they would let us continue until 4:00, but, I did not have lunch, I
was inundated with IS's ideas, and his continued jumping around and failing to
stay focused had become a mini-problem. Thus, I wanted a break. Also, the more I
listened to him and the more I came to realize that I agree with him [up to
around 97+%] I found it to be acutely depressing for me to be seating next to a
man who I believe should not be imprisoned. I believe this: A) IS sincerely
believes what he says he believes; B) The titles for IS's books are appropriate;
C) The Govt has spoken with a forked tongue; D) He reasonably relied upon those
official Govt statements that support his position to his detriment, partly
because he has been too studiuous and has learned too much and has manifested
the guts to apply his knowledge, if there is such a thing as any of that sort of
thing being "bad."
 
    At the end of the first visit, I assured him I would be back the next day
and I would be back early and stay until 3:00 and would come back for a third or
a fourth day if that more many days was truly justified. That seemed to make him
happy.
 
    I also told him that I came because A) a friend of his paid me to come and
B) I also came because I wanted to learn from him and I give a damn about the
issues and admire his courage, etc. So, simply being paid, while required, was
not enough to get me to come to visit with him. He seemed to really like the
sincere compliment that he himself was the main reason I came.
 
    After I left him, I found a decent restuarant where I had a late lunch/early
dinner. I took my time eating, as I read about 4 inches of legal documents he
gave me to read, regarding the Govt's attempt to get a permanent injunction
against his "Mafia" book, a $2.5 million dollar judgment against him [which it
did,] and documents regarding his latest trial. I stress these points: A) I put
on my "be 100% objective mind set" and I set my bull shit detectors to maxium
and left them there when I read these documents; B) The more I read the Govt's
attorney's briefs, the more disgusted I became with the Govt--our Govt, and the
more I believed that the title of IS' "Mafia" book is appropriate and there is
no hyperbole in the title, and the side that is guilty of being misleading and
fraudulent, etc., is the Govt--our Govt; C) A compelling argument can be made
that IS is indeed "a patriot"; and D) IS does not belong in prison because there
has been an egregious miscarriage of justice.
 
    I am positive that each of you could quickly come up with excellent counter
arguments for each argument the Govt used against IS.
 
    Even the First Amendment is not off limits with this Govt of ours, and, to
make matters worse, the Govt's attorneys made a persistent challenge to get a
court order to order IS to turn over to the Govt the names and addresses of all
of his Freedom Book customers, including those who bought only factual,
non-controversial books, such as the IRS Code.
 
    A brief written by one of IS's attorneys in support of his [and our] First
Amendment rights is superb.
 
    For what it is worth, my four years of college, three years of law school,
3.5 years as a prosecutor, and 33 + years as an attorney tells me this: If I
were the referree in the match between Irvin Schiff v. Govt, I would score the
contest in favor of Irvin and I would have scant difficultly in so doing, on the
merits. I stress--on the merits.
 
    At the beginng of my second day of face to face meeting with IS, and
periodically, throughout that day, I increasingly, gently, but more firmly,
increased my efforts to get him to stay focused and organized with his thoughts,
to no avail, for about 90% of that meeting. Despite his jumping around in
thought, it was still very productive, but I still felt frustrated. I wanted to
get done with him, be efficient, and not feel a need to come back a third day. I
cannot over stress how much I hated to even enter the place. The cocintina [sp?]
war, and the gates, etc., are repulsive, and it hurt to see IS incarcerated. I
looked forward to leaving--to getting out, but it disturbed me that he was
inside and could not just walk out with me.
 
    Toward the end of the second day's visit, I became firmer with IS in my
efforts to get him to stay focused. I kinda "laid down the law" with him, and,
to his credit, he took that exceedingly well. Then, I enjoyed an absolutely
gorgeous, breathtakingly beautiful 10-15 minute period with him, where he played
along with me and gave me immediate, full, direct, and responsive, answers to a
series of questions that I had for him. During those 10-15 minutes he gave me
the best analysis of Section 61 that I have ever been exposed to by anyone, and
he was 100% convincing. His insights and his handling of Section 61's wording
[the first part] were impressive, and, for me, it was like a major cerebral
break through to a higher level of true comprehension. He explained it in a way
that fit his core ideas perfectly and made excellent sense to me.
 
    Toward the end of the second day's visit he told me: Peter, I have never had
an attorney spend as much time with me as you have these last two days. He
seemed to really appreciate that, and he seemed to enjoy being the teacher.
 
    After he and I enjoyed that splendid 10-15 minute period where he confined
himself to how I wanted to process the information, I complimented him profusely
and thanked him for raising me to a much higher level. I told him, sincerely,
that I believe I could now sell his ideas because I understand them much better,
and I believe he is right, and I wish he and I had joined up before his latest
trial and I was his trial attorney. He seemed to be pleased with those remarks,
all of which were and are sincere.
 
    I asked him to write an inscription in one of his books that I brought with
me, and he did. Part of his inscription states, "To Peter, with love . . . ." I
take that to mean he really did enjoy the visit.
 
    IS agreed with me that by the end of the 2nd day there was no true
compelling need for me to meet with him for a 3rd or 4th day. To his credit, he
also wanted to go easy on his friend's wallet who was paying me to be there to
consult with Irwin. So, I did not go back to visit Irwin for a 3rd day.
 
    At the end of the 2nd day I told him, sincerely, important, appreciative
compliments, I hope someone can get him out soon, I would deliver his messages
for him, I would photocopy and return to him legal documents he entrusted to me
to copy, I do not know if I will ever see him again, but I hope I do and I hope
the next time he will be a free man.
 
    I asked him if he knew where he would finally end up within the prison
system. He said his federal trial judge told him that since he requested a
prison in Connecticut to be close to an adult son the judge agreed to send him
to one in Connecticut. Thus, his trial judge was at least decent in that regard,
as limited as it is.
 
    At our immediate parting, I told IS that I hated this part, and, because I
hated it, I just wanted to say what needed to be said, and then I just wanted to
leave, quickly, without getting mushy, etc. He agreed. When I walked away I did
not look back at him, on purpose, even though a large part of me wanted to and
did not want to look back. My last image of his face was he had a smile. I
wanted that to be the last one, not him sitting there in pain or seeing his back
walking back to his cell.
 
    The entry to this correctional center has two gates with massive thick wire
and excessive barbed wire. As I stood inside each of these boxed traps I looked
around and I said to myself, burn these images into your mind, and remember
these feelings. Be thankful you are walking out, free, knowing more about
precisely how our Govt is so revolting in so many ways. Do not let Irwin A.
Schiff be forgotten. Try to work to get him the help he needs and let others
know of his situation.
 
    I, at my own expense, off the clock, then drove myself to the Grand Canyon,
to enjoy it and to photograph it. Maybe I am weak, in some ways, but it was
depressing seeing Irwin incarcerated, since I believe there has been a
miscarriage of justice. To get over being bummed out about that, I wanted to
indulge myself with seeing the Grand Canyon. As I drove to it I thought that the
chasm between real patriots like Irwin Schiff and many Govt officials is bigger
than the Grand Canyon, and I thought about all of you and your efforts to reduce
the size of that canyon.
 
    I drove to a motel about a 90 minute drive south of the Grand Canyon. I was
tired and I wanted to be within striking range of the GC. I wanted to be there
just before sunrise. The motel advertised tours from the motel to the GC. The
advertisement said the tour bus leaves the motel at 9:30 and returns by 6:00. I
thought to myself, I will be there by 6 and will stay there until 6. [The best
light is the early morning and late afternnon light.] The tour bus folks will
see the GC during the "top light" time frame, which is the most unflattering
light. I thought about the relevance to good trial prep: If you want to maximize
your chance of winning [or to get a good image] you simply have to do what most
people do not do--put in the time to "make your luck" happen.
 
    I got to the GC the next day, around 5:50 a.m. A condition I thought of but
did not take the time to prepare for happened: 26 degrees with wind gushing to
about 30 MPH, and I did not have gloves. After about 15-20 minutes exposure to
those conditions, my bare hands felt as if they were in a tight vice that was
being tightened even more. The pain was so bad I almost screamed and I felt as
if I was going to puke. The pain drove me to the relative comfort of my cold
car.
 
    I left home without gloves, giving highest priority to make airline
arrangements, etc., to get to see Irwin before they shipped him further away.
Thus, I was aware of the possible need for gloves for arrived ill prepared for
the elements, which just stressed the importance for being prepared for
anything.
 
    The next day, I woke up to about 2-3 inches of snow on the ground. The
weather report was a big snow storm was coming in. I was going to stay in
Arizona for another day at my own expense but, since I have had virtually no
meaningful experience driving in or on snow, I just drove out of that area back
to Phoenix and came home.
 
    As I drove from 7,000 feet and snow to 2,000 and no snow, I thought about my
"fear" of the snow [or at least my strong reluctance to have to cope with it,]
and driving on it, and how the Govt must "fear" Irwin Schiff and people like and
including you, you who stand up to them.
 
    One bottom line here, which I hope I have conveyed is this: For what it is
worth, while it is not my position and nor my role or duty, little ole me, with
my formal educational credentials, after confering with the man for as long as I
did and after reading the Govt's briefs about him, do "validate" Irwin A.
Schiff, meaning, subject to some confirmation that I will do in the near future,
I believe he is essentially correct, is not guilty as convicted, and, despite
the conviction, is innocent and does not belong in prison. Thus, I am not too
happy with our Govt.
 
    Every time I have seen the Stars and Stripes after conferring with Irwin,
Old Glory does not look the same or mean the same to me.
 
    Constructive suggestions: A) Since Govt officials might confiscate any money
anyone gives Irwin [to satisfy the $2.5 million judgment against him!] it might
be best to send him a pre-paid calling card, plus U.S. postage stamps, and
envelopes, etc.--things the Govt would probably let him have and he could use to
communicate; B) He wants you to continue to spread his ideas. He stressed that
with me; thus, I am positive it would lift his spirits if you wrote to him
periodically; however, the odds are high that he will be at this facility for no
more than an additional 2-3 weeks, and he does not know where they will take him
next.
 
    He did not think anyone from the outside could call the facility and talk to
him.
 
    He has confidence in the attorney he hired to handle his criminal appeal.
 
    He would like me to do an amicus brief and/or a petition for habeas corpus
for him, but he does not know how to pay for that.
 
    I am impressed with both Irwin and his friend who thinks so highly of him
that his friend would pay me to go consult with Irwin.
 
    I hope you found this email to be of interest.
 
    I did not take time to proof read it or spell check it.
 
    Sincerely,
 
    -- Peter Mancus
 

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