Author Topic: Rick Stanley Strikes Again  (Read 2898 times)

MicroBalrog

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Rick Stanley Strikes Again
« on: March 27, 2008, 01:18:10 AM »
The Rick Stanley Free Speech/Gun Rights Case
Before US Supreme Court

An important free speech case will be considered before the United States Supreme Court this Friday, March 28. The Court will decide whether to grant a writ of certiorari in the case of Rick Stanley v. State of Colorado.

Rick Stanley is in prison for six years for threatening to have two Colorado judges arrested for ignoring his Constitutional right to bear arms. He appears to be the only U.S. citizen ever to be imprisoned solely for threatening to issue an arrest warrant.

Here are several details about the case.

Mr. Stanley was under surveillance by the federal government's domestic anti-terrorism task force when he was protesting against an Ashton, Colorado gun ordinance in 2002, while campaigning for the United States Senate. He was arrested for illegal gun possession. Rick Stanley was convicted at trial, and this conviction was affirmed on appeal. Meanwhile, the Colorado legislature passed a law striking down city ordinances like the one in Ashton.

Mr. Stanley, at that time representing himself, filed a notice with the trial and appellate courts in which he claimed that his constitutional right to bear arms had been violated, and invoked the Colorado legislature's recent law striking down the ordinance. The notice demanded that his conviction be reversed and his gun returned, or else an arrest warrant for treason would be issued against the judges for violating his constitutional rights under the United States and Colorado Constitutions, and under the judges' oaths of office.

He was arrested and subsequently convicted of two counts of attempting to influence a public official by threat, and is currently serving a six-year prison sentence in Colorado (two maximum consecutive three-year terms). Mr. Stanley has no previous record, and is an honorably-discharged veteran and successful Denver businessman. Now, as a convicted felon for pure political speech, he has lost his rights to vote or own a gun.

Attorney John Klar, who is representing Stanley before the United States Supreme Court, asserts that Mr. Stanley's notice to the courts was clearly intended as a political protest to publicize events in Colorado. Klar is thoroughly convinced that his client's First Amendment right to free speech was violated to silence his outspoken protests against government restrictions of gun ownership. "Should Americans who charge President Bush with treason for going into Iraq be imprisoned for threatening to kill the President?" Klar asks. "This is essentially what was done to Rick Stanley, and what can be done to any American if the Supreme Court declines to hear this case."

The D.C. v. Heller case is being closely watched by Second Amendment advocates: should the Supreme Court on Friday decline to grant Rick Stanley's writ, those who wish to publicly proclaim their right to bear arms had better not do so to judges or politicians, or they may lose their freedom, like Rick Stanley did.. as well as their votes, their voices and their guns.

This case has garnered national attention because it concerns the rights of American citizens to freely express their opinions about gun ownership - but also about war, abortion, religious views, etc.

Video - http://youtube.com/watch?v=qn3_2eIQ684

http://www.jpfo.org/articles-assd/rick-stanley.htm

This guy is crazy. Seriously goddamn crazy.
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"...tradition and custom becomes intertwined and are a strong coercion which directs the society upon fixed lines, and strangles liberty. " ~ William Graham Sumner

Finch

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Re: Rick Stanley Strikes Again
« Reply #1 on: March 27, 2008, 01:30:50 AM »
Damn, at first all I saw was Rick and was hoping you were talking about Rick Astley. That guy is awesome.

I'm drunk right now....sorry...
Truth is treason in the empire of lies - Ron Paul

Dannyboy

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Re: Rick Stanley Strikes Again
« Reply #2 on: March 27, 2008, 03:12:10 AM »
Damn, at first all I saw was Rick and was hoping you were talking about Rick Astley. That guy is awesome.

I'm drunk right now....sorry...

Hey, hey.  No rickrolling around here.
Oh, Lord, please let me be as sanctimonious and self-righteous as those around me, so that I may fit in.

MicroBalrog

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Re: Rick Stanley Strikes Again
« Reply #3 on: March 27, 2008, 03:20:50 AM »
It only counts as rickrolling if you were deceived into clicking. It is no rickroll when you knowingly click on a Rick Astley link.
Destroy The Enemy in Hand-to-Hand Combat.

"...tradition and custom becomes intertwined and are a strong coercion which directs the society upon fixed lines, and strangles liberty. " ~ William Graham Sumner

HankB

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Re: Rick Stanley Strikes Again
« Reply #4 on: March 27, 2008, 03:49:39 AM »
According to the write up, he "threatened" to issue an arrest warrant for a judge, and was convicted of "two counts of attempting to influence a public official by threat."

No threat of violence was mentioned, only legal action. Even if he "issued" an arrest warrant himself, it would just be a meaningless piece of paper, with no standing whatsoever; no LEO would try to execute it. (Oh, I suppose if he actually did draw something up, forgery charges might follow.)

Yet he's in jail for it.

Does this mean if I "threaten" not to vote for some politician unless he does what I want him to, and even "threaten" to work to elect his opponent, that I can be charged with "attempting to influence a public official by threat?"

Unless there's a lot more missing from the article (always a possibility) something smells here . . .
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

K Frame

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Re: Rick Stanley Strikes Again
« Reply #5 on: March 27, 2008, 04:42:44 AM »
Issuing these types of "arrest warrants" was a hallmark of the Montana Freemen's movement some years back, along with filing false liens and counterfeiting money orders.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

The Annoyed Man

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Re: Rick Stanley Strikes Again
« Reply #6 on: March 27, 2008, 05:37:20 AM »
I'm not clear-was he convicted of violation of state, or federal law?  Who prosecuted him?

HankB

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Re: Rick Stanley Strikes Again
« Reply #7 on: March 27, 2008, 07:08:39 AM »
Mike,

Forgery, counterfeiting, filing a false legal document, and similar charges amply cover people like the Freemen or the Republic of Texas guys we had down here a few years back, who actually did things like try to pass phony money orders drawn on imaginary accounts at nonexistent banks.

Throwing a guy in jail - for six years! - because he said he'd get an arrest warrant for a judge sounds like abuse of power to me.
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

GigaBuist

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Re: Rick Stanley Strikes Again
« Reply #8 on: March 27, 2008, 07:15:09 AM »
No threat of violence was mentioned, only legal action.

Uhh.. that "legal action" in Rick's letter to the judges was more along the lines of, "I'll have my 700 member strong militia arrest and try you."

MechAg94

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Re: Rick Stanley Strikes Again
« Reply #9 on: March 27, 2008, 08:52:20 AM »
How do you read a lynching into that?  If all he did was threaten to try to take legal action, that is not a "threat".  Did his statement mention using a militia? 

He threatened no personal action, no harm, just to attempt to use a legal mechanism that these judges use all the time.  That doesn't sound like something to get thrown into prison for. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

GigaBuist

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Re: Rick Stanley Strikes Again
« Reply #10 on: March 27, 2008, 09:48:32 AM »
Quote
How do you read a lynching into that?  If all he did was threaten to try to take legal action, that is not a "threat".  Did his statement mention using a militia?

Here's the full text of the letter he sent:
Quote
This NOTICE to Judge Donald W. Marshall, Jr.  is in regard to the Stanley's  gun charge and
arrest of openly carrying a weapon, in violation of Thornton  Ordinance TRMC38-237.  This
ordinance violates Colorado Constitution Art.  2, Sec.3, by interfering with his natural,
essential, and inalienable right to self  defense, under the color of law, for the arrest,
charge, and conviction against  Rick Stanley.  The signing of SB-25 on March 18, 2003,
affirms Article 2, Sec.  3, of the State Constitution, and pre-empts this ordinance.  Rick
Stanley demands that Judge Donald W. Marshall, Jr., overturn this conviction  of Stanley on
constitutional grounds.  Failure to do so will result in a treason charge  against Donald W.
Marshall, Jr. for failure to uphold the oath of office to defend the  Constitutions, which
this court has on record, and Donald W. Marshall, Jr.,  swore  to, as a
condition of his office.  This treason charge, will result in a Mutual Defense
 Pact Militia warrant for Donald W. Marshall, Jr.'s arrest
if the following conditions  are
 not met:
   
 1. Overturn the unconstitutional conviction of Rick Stanley for violation of TRMC 38-237
 because TRMC 38-237 violates the constitutional rights of Rick Stanley, under the guise of
 color of law.

 2. Return the $1,500.00 bond to Rick Stanley.

 3. Return Rick Stanley's property which consists of 1 each Smith and Wesson 6 shot .357
 pistol and 6 each .357 bullets.

 This court is notified, once more, as Stanley gave Notice from the beginning of the
 proceeding against him, Thornton Municipal Court has NO jurisdiction over him
 in this matter.
Emphasis mine.

The penalty for treason is death, and calling out the "Mutual Defense Pact Militia" bears about as much resemblance to "legal action" as I do to Tyra Banks.

HankB

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Re: Rick Stanley Strikes Again
« Reply #11 on: March 27, 2008, 10:05:41 AM »
To quote myself (I love doing that!)

Unless there's a lot more missing from the article (always a possibility) something smells here . . .

So some important details were missing. (What is this "Mutual Defense Pact Militia"? A couple of guys with a fax machine in a back room?)

Big surprise.

GigaBuist, thank you for providing ". . . the rest of the story."

Still . . . when rapists and armed robbers - who actually do violent things - get out in a couple of years, six in the slammer seems excessive.
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

K Frame

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Re: Rick Stanley Strikes Again
« Reply #12 on: March 27, 2008, 10:25:34 AM »
Yep, pretty much what I suspected.

He invoked his militia buddies to effect an extralegal arrest.

Is it any wonder why he has a 6-year prison term hanging over his head?

What a *($()*&$%()*#$*( idiot.

Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

GigaBuist

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Re: Rick Stanley Strikes Again
« Reply #13 on: March 27, 2008, 10:39:43 AM »
(What is this "Mutual Defense Pact Militia"? A couple of guys with a fax machine in a back room?)

It was about 700 guys that all agreed to show up within 24 hours if another member got into an armed stand off.

HankB

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Re: Rick Stanley Strikes Again
« Reply #14 on: March 27, 2008, 11:58:44 AM »
700?!?

Are you sure the decimal point isn't off a couple of places?
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

GigaBuist

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Re: Rick Stanley Strikes Again
« Reply #15 on: March 27, 2008, 06:48:01 PM »
700?!?

Are you sure the decimal point isn't off a couple of places?

I'm positive.  It was north of 600 but not quite 700.  I was a member somewhere around the 590-630 range.  I'm sure I could dig it up if I fired up my old laptop to access old emails.

That was probably one of the dumbest things I've ever done, and it was before Rick fired off the letters that we're talking about here.  When THAT nonsense went out I realized the guy was a whacko, and coming from me, the charge of "whacko" carries some weight.

Back in 2003 there was an issue in Petosky, Michigan.  I'm from Grand Rapids, MI, so I picked up on it via the local news.  A man with 4 acres land out in the country had himself two trailers on his land and got a building permit of sorts to connect the two trailers together.  His daughter and her husband lived in one and he in the other.  All he was looking to do was build a hallway between them.  Months after the construction was complete the town came down on him and, well, I'm fuzzy on the details, but they basically threatened to either flatten or just remove his living quarters from his land.  He didn't much like that, and I honestly remember him trying to come to an amicable agreement on bringing it all up to code.

The local sheriff persisted and gave him a deadline.

Now, the man owned himself an excavating company so he got out a bulldozer and started building himself a fort of sorts.  Trenches, embankments, etc.  I believe he was already a member of Stanley's militia, but there's a chance that Stanley saw the event as a way to promote his militia idea.  He offered up support of his men if the trailer owner could hold out for 24 hours after the shooting started.

The deadline passed and nothing was reported on the news.  I called Rick up that evening and asked what happened.  There was no failure to report on behalf of the media.  The sheriff just rolled over.

So, I looked at what happened and figured with Rick just threatening the presence of about 450 men (which is how big the group was then) one man got to keep his home and no blood was shed.  Others must have seen the good that came from this just like me and in the next few months membership rose above 600.

So, yeah, I'm pretty sure about how many members there were.

I'm also pretty sure my name is tucked away in an FBI file somewhere.  Like I said, dumbest thing I ever did.

geronimotwo

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Re: Rick Stanley Strikes Again
« Reply #16 on: March 28, 2008, 03:10:57 AM »
the first posting made this sound like such a great bandwagon.........

is there a way of registering a militia to give it's actions any legal backing?
make the world idiot proof.....and you will have a world full of idiots. -g2