-Caveat Lector-

[To clarify my last post (http://www.politechbot.com/p-01921.html): In the
Jim Bell trial, Judge Tanner first sealed *everything* until the trial was
over, and also barred anyone from publishing the jury list until the trial
was over. After the verdict was in and the jury dismissed, the DOJ asked
for a partial seal of exhibits and transcripts in perpetuity, and Tanner
said he didn't have the authority. --Declan]

*********

Date: Sat, 14 Apr 2001 16:01:27 -0400
To: [EMAIL PROTECTED]
From: e cummings <[EMAIL PROTECTED]>
Subject: Re: FC: Epilogue: U.S. v. Jim Bell trial in federal court in
   Tacoma

declan,

i read your and others' accounts of jim bell's trial with a nauseating
feeling of deja vu.  as you know, about six years ago i was arrested on a
state misdemeanor charge of possessing a device that could be used for the
theft of telecommunications services.  after my arrest, i was questioned by
a special agent of the the u.s. secret service, who told me he didn't feel
my case warranted federal attention.  the next day however, when local
police and USSS agents searched my home and found information in my files
that made them nervous, the feds asked the local police to drop their
charge so the feds could take it over.

what made the feds so nervous as to cause them to repeatedly describe me as
"dangerous" to local and federal judges?  information.  my personal files
contained printouts of the names, phone numbers and addresses of secret
service agents, all of which i compiled from public sources.  also in my
files were list of USSS radio frequencies and code names (again, all
compiled from public sources.)  what apparently upset them the most,
however, was surveillance photos of some of their undercover agents
(picking their noses) that i caused to be aired on an evening news
broadcast of the local philadelphia FOX-TV affiliate in a 1994 story about
hackers.

as i was being driven to my federal arraignment, one of the USSS agents
whose photo was taken told me they "took a lot of heat" because of the
airing of those photos.  months later, while i was being held without bail
in a maximum-security federal prison, my federal prosecutor told my
attorney (who was previously her superior at the u.s. attorneys office)
that she was under "extraordinary pressure" from the u.s. secret service to
get a conviction in my case--even thought there was not even an allegation
of fraud or victims.

to make a long story short, i spent 14 months in 5 different
maximum-security prisons for a victimless, drug-free crime at the urging of
the u.s. secret service, which repeated told judges they considered me
"dangerous."  the federal presentence investigation report stated that USSS
agents interviewed some 20 people across the country about me, and under
cross-examination the lead USSS agent in my case conceded that none of them
said i was capable of violence.  there were no firearms or explosives found
in my home (although a handful of books on the subject were
confiscated.)  that same federal report also concluded that "there were no
victims in the offense."

apparently the u.s. secret service isn't the only federal law-enforcement
agent that considers anyone who keeps tabs on them "dangerous."  you can
bet jim bell won't be a free man for several years if federal agents have
any say in the matter.

-ed cummings
"CALEA's first casualty"




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