Thursday, October 15, 2009

FTW’S APPEALS LAWYER SPEAKS OUT ON POLITICAL PERSECUTION IN OREGON SEXUAL HARASSMENT CASE – More Funds Needed (Part 1 of 2)

October 14, 2009

Dear Friends of FTW:

To a hammer everything is a nail. And the nail that is Michael C. Ruppert has been hammered unfairly and relentlessly by BOLI for more than three years, culminating in an administrative judgment that patently violates all notions of fair play and equal justice.

I am Mike’s attorney for the appeal, and I want to share some perspective on this case. If you’ve read the decision against Mike, your opinion of Mike may have been tarnished, but please know that the process and the decision itself are obviously biased. The Final Order in this case is replete with factual and legal errors. Worse, there is no question in my mind that key events in this case -- especially public announcements -- were timed to do the most personal harm to Mike Ruppert.

The Administrative Law Judge (ALJ) hearing the case severely undermined Mike’s defense by making a number of bizarre and bad evidentiary rulings. The A.L.J. did not include any of Mike’s exculpatory or impeachment evidence in the Proposed Order. In fact, the A.L.J. elected to repeat and print in the Order sent to the press only those statements and evidence from Mike that could be interpreted as helping to support the complainant’s case.

Mike is correct when he argues that no investigation of these allegations is complete until it examines the burglary and smashing of FTW’s computers in June, 2006. A horribly flawed police report was improperly leaked to the Ashland Daily Tidings (as admitted by Ashland police), and a malicious smear campaign by the Tidings Editor and a reporter was admitted as evidence against Mike in the present case. That editor (Andrew Scot Bolsinger) is now in prison for sex abuse of a minor and is suspected in several major felony fraud cases against Ashland businesses (should he be considered “credible”?). Even though BOLI’s case presenter introduced these libelous Daily Tidings stories as evidence against Mike, BOLI completely disregards Mike’s evidence related to these issues and pretends as if these events never existed in its Final Order.

Then there are the manner and timing with which this Final Order was handed down. The BOLI Commissioner arrogantly stated to the press that, ““Sexual harassment of this magnitude is a brazen violation of the law and the damages ordered here will clearly show BOLI’s commitment to aggressively enforcing the law.” Really? Is he serious?
The worst fact against Mike in this entire case is that Mike appeared un-aroused in his underwear in the complainant’s sight for approximately 10 seconds. Is that so brazen as to justify an award for emotional damages amounting to five years worth of the complainant’s salary at the time? The amount of emotional damages awarded in this case is three times higher than the largest emotional damages award for sexual harassment EVER made by BOLI (as published on BOLI’s website) yet there was no touching, no sex, and the complainant only worked for FTW for three months.

The State Commissioner issued his Final Order without ever laying his eyes on a witness, and there is no indication that he even listened to the tape recordings of the hearing or otherwise evaluated Mike’s exculpatory evidence. In fact, the BOLI Commissioner was arrogant enough to admit as much to the Medford Mail-Tribune on September 25, 2009, when “Avakian said he rendered his decision based on an 84-page legal assessment of the case given to him by an administrative law judge who heard the case.”

How can a respondent have a fair “day in court” when the ultimate judge of the facts and law has not even seen a single witness testify and has not fully evaluated all of the evidence produced?

BOLI Commissioner Brad Avakian went on to incorrectly tell the Mail-Tribune that “BOLI intends to pursue the case against Ruppert wherever he is and get (the complainant) “every penny we can collect.”” Avakian added, “We have the ability to keep these judgments up to 10 years, and then can go another 10 years,” and “That can go on forever.” Never mind the fact the by the terms of the very order the Commissioner signed, Mike Ruppert is not personally responsible for one dime of the judgment against FTW, Inc. This incident fairly raises the question, though – does Avakian even thoroughly read the Orders he signs? Avakian went on to imply that Ruppert was a fugitive hiding in Venezuela, even though BOLI had just mailed the decision to Mike’s home in Culver City, CA. Avakian also knew that Mike had just spent three days defending FTW in a BOLI hearing room in Medford.

To be clear, there is no judgment against Michael C. Ruppert. These inflammatory statements made by the Commissioner appear to us as meant only to unfairly hurt Mike’s public image at a critical moment.

Although Avakian apologized and corrected some statements to the Mail-Tribune, the damage to Mike’s reputation could not have come at a worse time. We cannot know what the intentions of the Commissioner were in the timing of the release of the Final Order or in regards to his press statements. What we do know for sure is that Mike’s reputation was unfairly assaulted by an erroneous decision and by personal press attacks by the Commissioner at a time that actually caused the greatest possible harm to Mike and to his message – following wide critical acclaim for the movie “CoLLapse” while distribution talks were underway.

Mike’s mission is and has been to try to help the human species save itself from imminent and certain peril. I view my job on this case as correcting the record and doing my best at restoring Mike’s good name so that he can get that message out to as many people as possible. It’s going to be a long and expensive fight, and we need your help to see it through. Please help us by donating to the FTW Legal Defense Fund.

(To be continued in Part II – Legal and Factual Errors, to be released on Monday, Oct. 19th. 2009).

Sincerely,

Wesley T. Miller
Attorney at Law
(Former Assistant District Attorney, Coos County, Oregon)


HOW TO DONATE

FTW needs funds to support this appeal. What is being defended here is the message in the film CoLLapse and in Mike’s new book, “A Presidential Energy Policy”. Please donate today!

Following are PayPal and routing information for domestic and international wire transfers.PayPal – Donations intended for the From The Wilderness legal defense fund can be made by donating to mcrfinaid@gmail.com.International Wire Transfers – Please use the following routing numbers for donations from outside the U.S. Your bank should be able to provide conversion rates.Account Name: From The Wilderness Legal Defense FundBank: Wells FargoRouting Numbers: 121000248 – 3496610480On PayPal transfers please note whether you intend for your donation to be used for my living expenses or for the defense fund. Otherwise we will assume you intend the money to be used for the defense fund.

Checks can be made out and mailed to:

FTW Legal Defense Fund
c/o Rubiconworks
10736 Jefferson Bl. PMB 618
Culver City, CA 90232


16 comments:

Anonymous said...

Hey guys, it's Blog Action Day today (for climate change). You might want to post something too. More info here:

http://www.blogactionday.org/

Here’s my post for Blog Action Day:

http://selfdestructivebastards.blogspot.com/2009/10/wake-up-humanity.html

Everyone else go make one too!

businessman said...

MCR...I think what would carry even more validity in the public's eye here would be to have testimonials you can publish from current or former government prosecutors, stating that the decision rendered against you is a total and complete miscarriage of justice. Maybe there are people out there who would be willing to look into the facts in this matter and do this for you.

The public in general won't give a lot of credibility to any statements made by one's attorney, because we've seen so many attorneys completely lie on behalf of their clients to the media. So while your attorney may be telling everyone the truth here, the word of independent people who are or have already been prosecutors will carry more weight in this matter in the public's eye.

If you had 5-10 testimonials from these kinds of people that you're authorized to print, this would represent a mountain of credibility for you in dealing with this situation.

agape wins said...

F.Kamilov, 10,15,19.

Short, & sweet.
I wish others would comment without attempting to box in/corner, you.

"You have to be here, and a "native", in order to appreciate that truth..."

If there were/is "Time Travel" the "Traveler" would be eaten alive;
as you say "your" native would eat our New Yorker "for Breakfast",
or even the "Nazis", also any "Stalinist" who ventures, in person or by proxy into his neighborhood-likewise if your "Native" would be so Stupid as to interfere in the "Homeland" of the 3 others the "Varieties of Evil" would change. The difference is the AfPak knows his "place", where he has the largest advantage AND has a different world World view-is content where he rules.
Can you say that for the others, including the Chinese, Who are as
Greedy as we are, they are leaning more and more to a modified
Communism-Western style GREED!

" I wish that the simplistic idealism that marks people like you"

The only thing "Simplistic" is Quantum Physics, everything else is ambiguous, including My ?"Idealism"? (where did that come from)?
It must be the way you translate my "Western" mind, most think of me as a Radical/outsider, Questioner. That is why I enjoy your Writing!!
Amae.

Trobadorem said...

Hi Mr. Miller,

Thank you for you dedication and for your good willing.

Indeed, justice (bad justice) is a mean to serve the purpose of someone, somewhere...??? I agree with Business man comments, YOU NEED TO BE BE PROACTIVE HERE, AND USE THE TESTIMONIALS FROM INDEPENDENT AND CREDIBLE PEOPLE. ALSO YOU COULD AND SHOULD USE INTERNET TO ITS FULL POTENTIAL (WHILE IT IS STILL THERE THE WAY WE KNOW IT). Here's some solutions:

1- Create a special blog/web page for the "protection" of Mike's life (because being obliged to pay for 10 years when you are innocent is a total non sense - that would be the way for them to "kill" him); For inspiration, i strongly suggest mike and friends to see again the beautiful movie "Shawshank Redemption", it's about hope, good willing and genius expressed against all odds in the worst prison of United States in the 50s - actor Tim Robbins and Morgan Freeman)

2- Find students, recruit people through the Web, make people work for the cause;

3- Mike, for G d sake, continue playing music, discovering life, and sending GOOD thoughts to your collaborators and also, and mostly to your enemy...without a shadow of a doubt it will allow you to win...if your thoughts are not aligned towards the achievement of peace (in you and outside whatever the shit outside)....then, they will have succeeded and your bad thoughts/hate will kill you from the inside...this is the worse that could happen....I know for having lived such injustice...

Now, in relation to the contribution to the defense fund CAN WE SEND POSTAL MONEY ORDER?

Trobadorem

RanD said...

Dear Agape wins... Your 6:01 PM post to F.Kamilov, 10,15,19, is (in our humble opinion) brilliant. (However... [Ha! as if you didn't already know!].., exercise such talent with utmost circumspection lest you unleash the status quo's confusion on your lamb's innocent genius.)

Btw, speaking of brilliance... have you seen Billy Bob Thornton's "Swing Blade"? (It's available streamlink free-played through 10/26/09 to Netflix subscribers); also: meant to tell you we viewed Ang Lee's "Lust, Caution" perhaps a year before you mentioned it here (and viewed it a second time shortly thereafter). Each got 5 stars from us.

Note: We apologize to whomever might consider the sort of commentary you're reading here 'off topic'. We observe human psychology & behavior as being integral to what FTW is typically involved with trying to better understand and improve... beginning with ourselves.

Amae

OrwellianUK said...

More Global Banking Cartel Consolidation:

Global banking body may be needed-FSA

RanD said...

Trobadorem... It is especially good to read your recent two posts (and eyeballs' too). Ruthie (my wife of 20 yrs this month) and I have been watching for words from others who would begin "seeing & hearing" what we have been given to "know", and routinely discuss amongst ourselves, and which I (David) have been writing about at FTW since we began posting here app 3 yrs ago.

We fault no one for their sometimes disparaging comments towards us, for this world of human experience that we human beings have been living in over the past several thousands of yrs is inherently (even purposely!) conflicted by a condition which severely stumbles & tumbles us, yet is essential to the development of our human capacity for consciousness of existence. And, the fact that this extraordinarily 'special information' that we're all reading here is coming forth at our dear friend MCR's FTW blogspot is a testament to ALL of us that we're doing EXACTLY what we're supposed to, in service --- ultimately (if heretofore for some of us unwittingly) --- to the Universal Common Good.

And RanD is grateful to you and ALL FTWers so very much for being here with us!

Raymond said...

Harrods now selling gold bullion

http://www.theage.com.au/executive-style/luxury/harrods-moves-into-flourishing-gold-market-20091016-gzxe.html

gamedog said...

What happened to global warming?

http://news.bbc.co.uk/1/hi/sci/tech/8299079.stm

"The oceans, he says, have a cycle in which they warm and cool cyclically. The most important one is the Pacific decadal oscillation (PDO).

For much of the 1980s and 1990s, it was in a positive cycle, that means warmer than average. And observations have revealed that global temperatures were warm too.

But in the last few years it has been losing its warmth and has recently started to cool down.

These cycles in the past have lasted for nearly 30 years.

So could global temperatures follow? The global cooling from 1945 to 1977 coincided with one of these cold Pacific cycles.

Professor Easterbrook says: "The PDO cool mode has replaced the warm mode in the Pacific Ocean, virtually assuring us of about 30 years of global cooling."

Piers Corbyn will have an end of the Month meeting in London [28th] to announce advances in his Solar Weather Technique Forecasting Theory and other information on the recent BBC news story.
==================

Whatever happened to global warming? How freezing temperatures are starting to shatter climate change theory

http://www.dailymail.co.uk/sciencetech/article-1220052/Austria-sees-earliest-snow-history-America-sees-lowest-temperatures-50-years-So-did-global-warming-go.html

=================
Emissions Scheme Improves Profits, Not Air

http://www.ipsnews.net/news.asp?idnews=32526

===============

Obama Poised to Cede US Sovereignty, Claims British Lord

"At [the 2009 United Nations Climate Change Conference in] Copenhagen, this December, weeks away, a treaty will be signed. Your president will sign it. Most of the third world countries will sign it, because they think they’re going to get money out of it. Most of the left-wing regime from the European Union will rubber stamp it. Virtually nobody won’t sign it.

I read that treaty. And what it says is this, that a world government is going to be created. The word “government” actually appears as the first of three purposes of the new entity. The second purpose is the transfer of wealth from the countries of the West to third world countries, in satisfication of what is called, coyly, “climate debt” – because we’ve been burning CO2 and they haven’t. We’ve been screwing up the climate and they haven’t. And the third purpose of this new entity, this government, is enforcement."

http://fightinwordsusa.wordpress.com/2009/10/15/obama-poised-to-cede-us-soverignty-claims-british-lord/

AGW = false flag problem = global tax.

gamedog said...

79.9 percent rate targets credit-challenged

http://www.nbcsandiego.com/around-town/shopping/No-Youre-Reading-That-Right-64173667.html?ref=patrick.net

unbelievable!

F.Kamilov said...

Agape

You are right, but I don’t view internationalism as such a bad thing purely in and of itself; indeed it is the only future open to humanity if it is to survive, and not regress. I know that Anglo-American Globalism is predatory, and that the Chinese are now very vulgarly following suit, and will soon meet with the comeuppance they deserve. I wouldn’t be so sure as to say though, that the “AfPak” knows his place – it is just that “he” is a dog that is satisfied with grinding the bone he already has, whereas, as you rightly say, the Anglo-American Global doggies are busy in building an ever growing heap of bones being robbed forcibly from others, instead of being content with having a few in hand. I understand these facts fully, and that goes without saying, so I am rather surprised as to why you brought up similes about the current globalist or Chinese greed; the original thrust of what I intended to say was quite different, but you obviously didn’t follow my line of reasoning. But the AfPak dog is satisfied as he lack the enterprise and abilities that the others have - and not because he doesn't want them. It is the case of the fox and the grapes.

Your definition of ambiguity is correct, but the real world sadly doesn’t seem to run on quantum principles – not yet at least. Quantum physic doesn’t even intersect with our nitty-gritty everday reality, and so has to be treated and studied in its own abstract theoretical context. More’s the pity, if we had situations such as Schrödinger’s Cat paradox around – now that would truly be ambiguity! We are all “outsiders” relative to eachother, but in the context that I’m trying to mention, this divide is more pronounced – the nuances that govern our corner of the woods are very subtle and hard to pin down. It is a subconscious art with us, and it would readily be regarded as silly here to try and expound the nature of something which every denizen here automatically “knows” without the need to comprehend openly, right from the times he/she is a babe in arms. So there is this “line of relativity” separating us, and any attempts on my part in trying to get you folk to transcend it are akin to banging my head against a stone wall, and I am thus fraught with the risk of ending up with a broken head if I keep trying!

I always say about societies like that of the Afghan tribals that it is the norm for every society to have a “fringe” of criminals; but there are some societies in which the norm is wholly criminal, and in which normalcy and decency exist as a fringe. This is the category to which the abovementioned society belongs. It need not “globalise” to express its criminal potential; the very fact that it exists as such, is as alarming. And I wouldn’t term Afghan caveman society as totally inward looking and self-concerned either: it is the laboratory where another virulent globalism, “jihad”, is being cultured; it is the world’s largest supplier of heroin, unless this alkaloid is something you consider as a sacred powder like Dr. Timothy Leary & co. did LSD in the 1960s. The inherent differences in human nature must be discerned, pleasant or unpleasant, although the tendency nowadays, in this world of blog message boards, is to please ourselves with pleasant perceptions and assumptions which reinforce our “sense of self-decency”. I wish it was that easy!

RanD said...

Please be patient with yourself if you find the following a nuisance... a rude intrusion... knowing that they emanate from a mere natural-born incorrigible iconoclast - one who, in this instance, finds Agape's & Kamilov's recent conversation pertinent, valuable, and useful far beyond merely fascinating... and thus utterly irresistable. Therefore:

Agape... no worthy intellect is capable of being "boxed in" any more than such an intellect requires being defended by words which would imply that the doing of such is possible. Presumptuousness is never one of our species' stellar attributes; but, nonetheless, has long been a crucial if ever pestiferous & silly habit which hangs around to trip us up, & down. Goodness! Without our occasional forays into foolishness and error, how would we ever see our ways to improve ourselves?... and each other? I certainly have had a good many things of this "presumptuous" genre to thank for your having helped free me from. And I Thank YOU for your help in that regard! And then... here I am again... oh my... assaulting your 'worthy' Ambiguity with my 'discomforting' Certitude! Oh dear, please do forgive my iconclasism! ETC etc etc. And:

Kamilov... so it goes likewise, in principle, for solving the riddle of Schrödinger’s Cat: it is that the cat is both dead and alive AND dead or alive - SIMULTANEOUSLY. This speaks of the perspective, indeed the nature, of ultimate comprehensiveness, whereby the 'Mind of GOD' methodologically transforms its very SOURCE of existence - which SOURCE is "GOD the SPIRIT" as an existentially ABSOLUTE SINGULARITY - into EVERYTHING that exists EVERYWHERE, infinitely and eternally. Thereby/hereby we are informed that the human organism is but a highly advanced/evolved form of GOD's reward of & to GOD's own ever self-manifesting/self-diversifying SELF.

What's so particularly wonderful about all of this, from the human perspective, is simply to be here being informed of -via informing each other of - these things. It will of course yet take "time" before this particular in flux phase of "the grand process" matures; meaning: crucial work of course yet remains in front of us, yet also having here at last been made clear to us that it is via humankind's own collabortive words whereby such work will eventuate! And whence the wherewithall to do such wonderful work?! With the right god literally EVERYTHING is possible.

Thus: we humans are but special instruments of That SINGULAR GOD, whereby the easy was made difficult so that the difficult would become easy.

Ciao

businessman said...

MCR...I see that your movie "Collapse" will be screening in Los Angeles on Friday, November 13th. Please let us know since you live in L.A. if you're planning on attending that screening and I'll drive the two hours to see the movie at that Laemmle theater in the Hollywood area.

Click here for current scheduled screenings of the movie in both California and New York.

agape wins said...

We are in a slack time, until Nov. 13; everything relates to MCR's life work and this blog; here is another link:


http://www.naturalnews.com/027274_Mayan_calendar_Higgs_Boson.html

Fits right in with Schrödinger’s Cat, & Human Nature, which by the way is just a Gold coin, heads, or tails, Or Billions thereof!
If Mr Buffett had had the good Fortune of being an AfPak, and his counterpart the misfortune of being an American they would each play the part they were born with; IF you and I were to switch backgrounds, I would think your thoughts; Likewise if I had been born a Whale I would think "Whale" thoughts, OR I would be DEAD. There is no "Line" separating Us, unless you have split that coin (killed that CAT which is ALIVE/dead).

That "Fringe of Criminals" F.Kamilov speaks of is something I have to battle every day; inside MYself, You close with, " our “sense of self-decency”. I wish it was that easy!". I agree, that is what this Blog is all about, We are climbing the Cliff others are jumping OFF of.
This fits into boxes, or labels! I would not say F. Kamilov is a communist, any more than I would call myself a Republicrat??, or try to label Sebastian at this point; to call someone a "Zionist", or say how a Sponsor or Poster thinks, on the basis of what you read here is less than
fair. True, no "Intellect" can be "Boxed" in---BUT---how many Intellects read these posts, & form an opinion of the Subject/Object of what was written, thinking the label was accurate, or unfair!
Everything I write is intended to generate constructive thought, sometimes my sentiment is hidden/not revealed.

RanD, "With the right god literally EVERYTHING is possible."; Right god/Wrong GOD/NO dog (intended spelling); EVERYTHING is possible, We have room for, & invite everyone Here!!
It's late, thoughts are getting fuzzy, Amae.

F.Kamilov said...

RanD

How very true - and it is all the more wonderful when one realises how this Infinite Singularity complements Its myriad selves...

F.Kamilov said...

Agape

The "real" world is something much more complicated than a blog message board, I'm sure you'll know - even though most of us enlightened ones will wish otherwise; likewise, it is just so that "our" rulers are men in uniforms and business suits - not pot-smoking bohemians with pony tails in colourful Hawaiian shirts and Bermuda shorts - though I'm sure that there are a lot who would desire that. Why do you think we have to conform to certain things? You say your thoughts are getting fuzzy, well by Jove you contribute more than 90% to making them fuzzy yourself, through your "fuzzy logic" of argument! (No puns intended here; I mean what I say).