Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court tosses conviction of man who endorsed Bush's death
Associated Press via MercuryNews ^ | Fri, Apr. 08, 2005 | DAVID KRAVETS

Posted on 04/08/2005 4:27:51 PM PDT by mdittmar

Mailing a letter to the White House supporting President Bush's death at the hands of terrorists is not illegal, a federal appeals court ruled Friday.

The decision overturns the conviction and 18-month sentence given last year to an Oregon inmate who sent a rambling, poorly written letter to the president. It read, in part, "You will die too George W Bush real Soon they Promised That you would Long Live Bin Laden."

(Excerpt) Read more at mercurynews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: 9thcircus; aclulist; bushdoctrineunfold; courtofapeals; deaththreat; firstamendment; freespeech; govwatch; michaelmoore; robedtyrants; ruling; wardchurchill
Navigation: use the links below to view more comments.
first 1-5051-100101-150151-158 next last

1 posted on 04/08/2005 4:27:51 PM PDT by mdittmar
[ Post Reply | Private Reply | View Replies]

What the Hell...


2 posted on 04/08/2005 4:29:00 PM PDT by oolatec
[ Post Reply | Private Reply | To 1 | View Replies]

To: oolatec

The same letter to Lord High Chief Justice Greer would land one in the slammer for life.


3 posted on 04/08/2005 4:29:44 PM PDT by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
[ Post Reply | Private Reply | To 2 | View Replies]

To: mdittmar

what exactly does the LAW say ?


4 posted on 04/08/2005 4:30:16 PM PDT by kingattax
[ Post Reply | Private Reply | To 1 | View Replies]

To: mdittmar

I assume this guy will be forever watched by the secret service and with a little luck he'll step over the line and get himself into real trouble that he can't weasel out of.


5 posted on 04/08/2005 4:30:32 PM PDT by cripplecreek (I'm apathetic but really don't care.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: peyton randolph

9th Circus?


6 posted on 04/08/2005 4:31:00 PM PDT by AndyJackson
[ Post Reply | Private Reply | To 3 | View Replies]

To: mdittmar
??????????????????
7 posted on 04/08/2005 4:31:21 PM PDT by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
[ Post Reply | Private Reply | To 1 | View Replies]

To: peyton randolph
The same letter to Lord High Chief Justice Greer would land one in the slammer for life.

Like hell.You would never live to see a trial.He would just order his baliff to shoot you in the spine and drag your body to main street at high noon as a warning to other uppity serfs to never question the kings authority.

8 posted on 04/08/2005 4:32:22 PM PDT by freepatriot32 (If you want to change goverment support the libertarian party www.lp.org)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mdittmar

What's the big deal? Demorats say this all the time.


9 posted on 04/08/2005 4:32:39 PM PDT by TheDon (Euthanasia is an atrocity.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mdittmar

3 judge panel from the 9th Circuit. Figures.


10 posted on 04/08/2005 4:33:21 PM PDT by Dog Gone
[ Post Reply | Private Reply | To 1 | View Replies]

To: AndyJackson

I think Oregon is indeed in the 9th Circuit.


11 posted on 04/08/2005 4:33:30 PM PDT by kesg
[ Post Reply | Private Reply | To 6 | View Replies]

To: AndyJackson
9th Circus?

Yes. Unanimous 3-clown panel.

12 posted on 04/08/2005 4:33:40 PM PDT by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
[ Post Reply | Private Reply | To 6 | View Replies]

To: mdittmar
You can mail a letter to the POTUS saying he'll die and praising terrorists, but Teddy Kenndey pees his pants about Tom DeLay supposedly justifying violence against judges. (which DeLay didn't)

So I ask, just who is running this country?

13 posted on 04/08/2005 4:34:47 PM PDT by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax; All

18 USC Sec. 871:

"...Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both."


14 posted on 04/08/2005 4:35:50 PM PDT by West Coast Conservative
[ Post Reply | Private Reply | To 4 | View Replies]

To: freepatriot32

Actually, Judge Greer would order that the inmate be denied nourishment until this natural and peaceful demise.


15 posted on 04/08/2005 4:36:06 PM PDT by This Just In ((In the land of the blind, the one eyed man is king))
[ Post Reply | Private Reply | To 8 | View Replies]

To: mdittmar
who sent a rambling, poorly written letter to the president

he prolly dint use punctuation or capitals and wrote in hugh run-on sentences with many misspeelings and many abbrvs

16 posted on 04/08/2005 4:36:33 PM PDT by Kenny Bunkport
[ Post Reply | Private Reply | To 1 | View Replies]

To: kesg
Would that be the 9th circuit according to Dante?
17 posted on 04/08/2005 4:36:51 PM PDT by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 11 | View Replies]

To: infidel29

"You can mail a letter to the POTUS saying he'll die and praising terrorists, but Teddy Kenndey pees his pants about Tom DeLay supposedly justifying violence against judges. (which DeLay didn't)"


WORTH REPEATING!

WORTH IMPEACHING!

...and I don't mean impeaching Dubya....


18 posted on 04/08/2005 4:37:19 PM PDT by The Spirit Of Allegiance (ATTN. MARXIST RED MSM: I RESENT your "RED STATE" switcheroo using our ELECTORAL MAP as PROPAGANDA!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: mdittmar

Of course it isn't a crime.

Patriotic heterosexual white Christian conservative male who likes guns? - now that's a crime!!!

democrats, republicans, no difference. Welcome to America 2005.


19 posted on 04/08/2005 4:38:25 PM PDT by sarah_f ( Know Islam, Know Terror.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: oolatec

"What the Hell..."

That says it all. There is an out and out war of the left and the leftist judiciary against our President.


20 posted on 04/08/2005 4:38:44 PM PDT by Socratic (Ignorant and free? It's not to be. - T. Jefferson (paraphrase))
[ Post Reply | Private Reply | To 2 | View Replies]

To: peyton randolph

Imagine if Kerry were president.


21 posted on 04/08/2005 4:39:15 PM PDT by mlc9852
[ Post Reply | Private Reply | To 3 | View Replies]

To: West Coast Conservative

LOL...silly West Coast Conservative, quoting U.S. law like that. Judges don't care about U.S. Code.


22 posted on 04/08/2005 4:39:16 PM PDT by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 14 | View Replies]

To: mdittmar

Get a rope...


23 posted on 04/08/2005 4:40:27 PM PDT by Certified Horticulturist
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kenny Bunkport

Public school product, no doubt.


24 posted on 04/08/2005 4:41:03 PM PDT by mlc9852
[ Post Reply | Private Reply | To 16 | View Replies]

To: West Coast Conservative

A close friend of mine once told the story of a classmate who had this brilliant idea to send the President of The United States a threatening letter as a prank. They were in high school at the time.

After two secret servicemen payed his friend a personal visit, the joke was no longer funny. The student never did that again.

This inmate is not a high school student.

But are we surprised at this ruling?


25 posted on 04/08/2005 4:41:38 PM PDT by This Just In ((In the land of the blind, the one eyed man is king))
[ Post Reply | Private Reply | To 14 | View Replies]

To: infidel29

Any word on an appeal?


26 posted on 04/08/2005 4:42:16 PM PDT by mlc9852
[ Post Reply | Private Reply | To 22 | View Replies]

To: West Coast Conservative

"any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States"


It appears to me that the guy didn't make a direct threat. He only expressed a wish for those things to happen. It's the difference between saying "I wish someone would kill you" and I'm going to kill you". I don't like it but it appears that the court is right.


We see DUmmies do worse all the time.


27 posted on 04/08/2005 4:42:48 PM PDT by cripplecreek (I'm apathetic but really don't care.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: mlc9852

howjaguess?


28 posted on 04/08/2005 4:42:53 PM PDT by Kenny Bunkport
[ Post Reply | Private Reply | To 24 | View Replies]

To: mlc9852

I don't know, I don't want to join the site just to read the rest of the story.


29 posted on 04/08/2005 4:45:41 PM PDT by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 26 | View Replies]

To: infidel29

Me neither - lol.


30 posted on 04/08/2005 4:46:26 PM PDT by mlc9852
[ Post Reply | Private Reply | To 29 | View Replies]

To: mdittmar

Now if this had been sent to Clinton, you could throw away the key on this guy. But since it is a conservative nothing is out of bounds.


31 posted on 04/08/2005 4:47:52 PM PDT by taxesareforever
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

"You will die too George W Bush real Soon....",looks direct to me,but hey,I don't wear a black robe.


32 posted on 04/08/2005 4:50:31 PM PDT by mdittmar (May God watch over those who serve,and have served, to keep us free.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: mlc9852
Imagine if Kerry were president.

As my old Drill Instructor used to say in boot camp: "You could F**k up a wet dream" with such comments.

33 posted on 04/08/2005 4:51:33 PM PDT by ErnBatavia (I don't drink and FReep...it just looks that way)
[ Post Reply | Private Reply | To 21 | View Replies]

To: infidel29

google news,judge


34 posted on 04/08/2005 4:54:08 PM PDT by mdittmar (May God watch over those who serve,and have served, to keep us free.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: mdittmar

Opinion:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F9D5A91237EC1ED888256FDD00002613/$file/0430040.pdf?openelement


35 posted on 04/08/2005 4:55:09 PM PDT by Ellesu
[ Post Reply | Private Reply | To 1 | View Replies]

To: mdittmar

But saying 'You suck' to a Democrat president while he's passing is more than deserving of detention and interrogation. We've passed through the Looking Glass, Alice.


36 posted on 04/08/2005 5:03:34 PM PDT by Tench_Coxe
[ Post Reply | Private Reply | To 1 | View Replies]

To: West Coast Conservative
thanks for posting that.

according to this law, how in the blue-eyed world could the conviction be overturned ?

37 posted on 04/08/2005 5:05:37 PM PDT by kingattax
[ Post Reply | Private Reply | To 14 | View Replies]

To: infidel29
Would that be the 9th circuit according to Dante?

Circuit, circus, circle; what's the difference?

38 posted on 04/08/2005 5:05:47 PM PDT by steveegg (2-step plan for ending FReeloading; (1) Find some loose change. (2) Donate.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: steveegg

Just curious. The world needs more literary references.


39 posted on 04/08/2005 5:07:09 PM PDT by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 38 | View Replies]

To: kingattax
what exactly does the LAW say ?

It's been a pretty long time since that was important.

40 posted on 04/08/2005 5:07:10 PM PDT by thoughtomator ("The Passion of the Opus" - 2 hours of a FReeper being crucified on his own self-pitying thread)
[ Post Reply | Private Reply | To 4 | View Replies]

To: cripplecreek
it appears that the court is right.

I believe you are correct.

41 posted on 04/08/2005 5:10:40 PM PDT by Semper911
[ Post Reply | Private Reply | To 27 | View Replies]

To: Blurblogger
Seems to me that the intent of Congress was quite clear and what we have here is a court declaring the intent is BS.

Time for the Executive to round these AlQaida sympathizers up and toss them in the slammer for the duration.

9th Circuit needed reorganized, and new members anyway.

The precedent for doing this sort of thing was set by President Wilson in WWI.

42 posted on 04/08/2005 5:13:30 PM PDT by muawiyah
[ Post Reply | Private Reply | To 18 | View Replies]

To: Semper911

The court in this case is splitting hairs so they can send a message of the purest hate to "W". These guys are too dangerous for this country to allow them to run loose.


43 posted on 04/08/2005 5:15:57 PM PDT by muawiyah
[ Post Reply | Private Reply | To 41 | View Replies]

To: thoughtomator

unfortunately, you make a good point


44 posted on 04/08/2005 5:17:49 PM PDT by kingattax
[ Post Reply | Private Reply | To 40 | View Replies]

To: cripplecreek
It appears to me that the guy didn't make a direct threat.

This is a matter of fact finding. Presumably that lower court determined that this was indeed a threat under the law.

It is my understanding that the findings of fact of lower courts are not subject to judicial review.

Therefore, without reading the appellate opinion, I have to believe that it was not based on finding that the language was NOT a threat, but on some other flimsy, legalistic grounds.

45 posted on 04/08/2005 5:18:46 PM PDT by John Valentine
[ Post Reply | Private Reply | To 27 | View Replies]

To: John Valentine
You may be right but I'm just looking at the bare minimum of facts that are available.
46 posted on 04/08/2005 5:20:23 PM PDT by cripplecreek (I'm apathetic but really don't care.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: cripplecreek
read post 14 again.. the law says you either make the threat yourself OR post something in the mail that contains ANY threat. read it carefully again.

the appellate court ISNT right IMO

47 posted on 04/08/2005 5:21:49 PM PDT by kingattax
[ Post Reply | Private Reply | To 27 | View Replies]

To: kingattax

Simple. He didn't say that he wanted to kill Bush, he implied that he was sure, and hoping, that Al Queda would do it.

You can legally say that you hope the president dies. You can legally say that you hope that X kills the president. You can legally wish all of the ill will you want on the president. What you can NOT do is say "I'm going to threaten|hurt|kill the president". In fact, people have been convicted of simply saying "I WANT to threaten|hurt|kill the president", even when there is no actual evidence of a plot, and the intent is debatable.

It's a fine line, but a line just the same. If wishing ill on the president were illegal, half of the people on this board would have been imprisoned during the Clinton years :)


48 posted on 04/08/2005 5:25:58 PM PDT by Arthalion
[ Post Reply | Private Reply | To 37 | View Replies]

To: mdittmar

If everyone in the country who endorses Bush's death got 18 months, there wouldn't be a Democrat on the streets.


49 posted on 04/08/2005 5:25:59 PM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxesareforever
Now if this had been sent to Clinton, you could throw away the key on this guy. But since it is a conservative nothing is out of bounds.

As we found out, saying "you suck" to Bill Clinton is enough to get one arrested.
50 posted on 04/08/2005 5:28:50 PM PDT by swilhelm73 (Appeasers believe that if you keep on throwing steaks to a tiger, the tiger will become a vegetarian)
[ Post Reply | Private Reply | To 31 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-150151-158 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson