Wednesday, January 6, 2010

The Real Cost of Freedom of Speech

Brief recap: Hal Turner is the first Editor of an American media outlet to be jailed for an Editorial since 1798. The last U.S. Editor jailed for an editorial was Benjamin Franklin Bache, grandson of Benjamin Franklin, making Hal’s arrest truly historic.

Hal was arrested on June 24, 2009 after publishing an Editorial which was critical of the way three federal Judges violated the US Constitution and violated a recent US Supreme Court Ruling. Hal wrote that the Judges were "traitors" to the United States and were tyrants. He quoted Thomas Jefferson's "Tree of Liberty Letter" which said "The tree of liberty must be replenished from time to time with the blood of tyrants and patriots." Hal then wrote "Let me be the first to say this plainly, these judges deserve to be killed."

The government claims that saying the judges "deserve to be killed" is a threat to actually go out and kill them! Hal knows that saying someone "deserves" something is just an opinion; it is perfectly lawful free speech.

Based on what he wrote, the government charged Hal with "threatening to assault and murder three United States judges." This is an incredibly serious charge and defending against it is incredibly expensive.

Upon his arrest, Hal hired Michael Orozco, a partner in the law Firm Bailey & Orozco of Newark, NJ. Needless to say, this type of attorney does not come cheap. Thousands had to be spent to retain him.

Hal was arraigned in June but because he made a fund-raising appeal by phone to his radio audience, the Assistant US Attorney in New Jersey went ballistic. He mischaracterized that appeal as nefarious and the Magistrate Judge in New Jersey denied Bail pending Hal’s transfer to Chicago where the charges were filed.

Hal got to Chicago about 30 days later, having been held in federal custody in Newark, NJ, Oklahoma City, OK and finally Chicago. When he got to Chicago, Hal figured the government would have finally come to its senses, would have read his FBI records and realized it was the FBI itself that trained Hal in what was legal to say, and would have come to its senses. Sadly, that was not the case.

Instead of admitting their mistake, the government declared Hal a “high threat risk” and a “threat to government” and argued to Magistrate Martin Ashman in Chicago that Hal should be held without bail as a “danger to the community.” Stunned by this ridiculous and outrageous conduct, and having suffered a brutal media onslaught smearing him nationally, Hal instructed his lawyers to reveal his status with the FBI. This revelation – in open court - stunned Magistrate Ashman, who “continued” the bail hearing until August 10 so Hal could subpoena the FBI and prove he was no danger to anyone.

On August 10 when the Bail hearing resumed, the nationally-notorious Chicago corruption showed itself in all its ugliness. Despite having been served with Subpoenas, five members of the FBI failed to show up in court. Even more stunning, Assistant US Attorney William Hogan told Magistrate Ashman that no FBI people would be coming to the hearing because Hogan told them to ignore the subpoenas!

Instead of holding the FBI in contempt, and instead of Holding AUSA William Hogan in contempt, Magistrate Ashman halted the bail hearing without hearing any evidence or any testimony and ordered Hal held without bail. It was the single most astonishing shredding of the Constitution we’ve ever seen! Hal’s right to due process, his right to compel witnesses to testify on his own behalf and his right to bail were crushed as though they didn’t even exist. Hal was sent back to federal prison, to be held in solitary confinement inside the Special Housing Unit (the SHU) as a “high risk threat” and “threat to government.”

THE SHU:

The SHU is a jail within a jail. It’s where prisoners are sent when they break prison rules. Prisoners in the SHU are confined 23 hours a day, 7 days a week. When Hal asked why he was being punished, the prison told him “you are not being punished, you’re being held in Administrative Detention.” Hal asked ‘What’s the difference between Administrative detention and disciplinary segregation for those who had broken prison rules?” He was told “Prisoners in disciplinary segregation are being punished; those in Administrative segregation are not.” It was actually the same treatment but the prison just CALLED one “punishment!”

To put this in proper perspective for you, the federal prison in Chicago has all sorts of real and dangerous criminals: Murderers, rapists, armed robbers, those who committed horribly violent aggravated assault, gang-bangers, drug king-pins and the like. ALL those prisoners get to come out of their cells for about 14 hours every day to watch TV, watch movies, listen to radio, read books, shower, use the telephone, use the rooftop gym to exercise, buy a full range of foods, snacks and beverages from the prison commissary. They could do all those things but HAL COULD NOT!

Hal was only allowed out to shower on Monday, Wednesday and Friday. Unlike the murderers, rapists, drug king-pins, gang bangers and other criminals held in the same prison, Hal could not watch TV, could not watch movies, could not listen to radio, could not read books. While all those (real) criminals could call their families, Hal could not. Hal was only allowed to phone home once a month! While all those (real) criminals could go outside once a day to exercise on the prison rooftop, Hal could not. He was restricted to (literally) a “cage” in the center of the SHU. The cage is a 10’ x 20’ cage with a broken exercise bike and a pull-up bar inside. That was Hal’s 1 hour of “recreation” every day while he was in the SHU. While the (real) criminals in the same prison could order a full range of food, snacks and other items from the prison Commissary, Hal could not. He was forced to select from a restricted list, unable to even buy a pen to write home. While all those criminals could call their lawyers anytime they wanted, Hal could not. Hal was restricted to calling his lawyers only twice a week.

Seeing this corruption first-hand, seeing the brutal isolation being forced upon Hal, and realizing that commuting from Newark, NJ to Chicago was unrealistic, Hal’s attorney, Michael Orozco strongly recommended Hal add an additional lawyer to act as local counsel. Hal added Chicago Attorney Nishay K. Sanan to join the fight. Mr. Sanan cost thousands more to retain.

The lawyers went to work with gusto. With the corruption so obvious, Hal’s lawyers got all the federal Judges in the entire 7th US Circuit “recused” from hearing the case. No federal judge in Illinois, Indiana, Michigan or Wisconsin could be involved. Next, the lawyers got an honest federal Judge from Louisiana, designated to the case.

Once the honest Judge from Louisiana got involved, things turned in Hal’s favor. First, the Lawyers successfully argued for a change of venue. This is very rare in federal court cases, but thanks to good lawyers and an honest Judge, the case was transferred from Chicago to Brooklyn, NY. Next, Hal’s Lawyers appealed the denial of bail and the honest Judge granted the appeal.

After suffering solitary confinement 23 hours a day in federal prison and after being held for 119 days, Hal was released on October 21 after posting $500,000 cash, but remains under House Arrest, with an electronic monitoring bracelet, forbidden to speak to the media or use the internet. He has not been able to work since June.

Hal went on trial in federal court in Brooklyn, NY on December 1, but the trial ended in a hung jury that voted 9 to 3 in favor of acquittal (Not guilty). As such, Hal must go on trial AGAIN starting on March 1.

!!! SURPRISE !!!

Hal’s lawyers explained to him that the amount of work they had to do so far was enormous and a second trial means even more work. That means another round of legal fees!

The pending second trial means thousands more for lawyer fees, thousands more for air fare and hotels and thousands more for transcripts and copies.

Since Hal has been unable to work since June and is still under house arrest, money is a real problem. A mortgage had to be taken on Hal’s house to bail him out, so no money can be gotten there. Hal’s wife had to sell the house she inherited from her mother in law to help support the family, but that closing has yet to take place. The family savings has been utterly wiped out with legal fees from the prior trial, so Hal is in a huge jam.

Can YOU help?

Hal Turner brought real free speech to the radio. He allowed all of you to speak your mind on ANY topic without censorship. No other radio show EVER did that and none has done it in the months since Hal went off the air because of this case.

Hal Turner didn’t commit any crime. He threatened no one. Yet he has been totally financially destroyed by this gross abuse by the government. Betrayed by the very government he worked for; a government that is perpetrating a full, frontal assault on our cherished right to freedom of speech.

So once again, as we did when this first took place, we come to you, his radio fans, to ask for help. In the left column of this blog is a box where folks can “Chip-In.” You can use your Visa, MasterCard, American Express or Discover to make a donation. Every little bit helps.

YOU COULD BE NEXT

Hal has been through a terrible ordeal and still faces a major trial starting March 1. If the government can jail him for HIS opinion, how long will it be before they jail YOU for YOURS?

This fight affects ALL our rights. We must prevail against these politically-correct thought police. If we fail, how many of us in the future will end up in a federal jail cell? Think about it.

You may not agree with what Hal said, but will you defend his right to say it? Will you defend your own right to say things that others disagree with? Please help. Please make a contribution of $25, $50, $100, $250, $500, or more.

If you do not feel comfortable using a credit card, you can send cash, check or even anonymous Money Order to the P.O. Box address at the top of this blog:

P.O. Box 1103
Secaucus, NJ 07096-1103

This legal fight affects us all. We must protect freedom of speech for ourselves and our posterity. The fact that a US Attorney in Chicago could send agents out to New Jersey to arrest a blogger for something he wrote should frighten every user of the internet. This could happen to ANY of us.

The fact that a the nationally-notorious Chicago corruption resulted in Subpoenas being ignored, the right to due process being crushed, the right to compel witnesses to testify being crushed and the right to bail being crushed, is a cancer upon our nation that must be confronted. The US Attorney in Chicago is waging all-out war on freedom of speech and he is playing for keeps. He must be defeated and the case of Hal Turner is the mechanism to achieve that.

We ALL have to step-up to defend our net freedom.

The Founding Fathers are watching. Will you step-up and help?

Thanks!

Tuesday, January 5, 2010

You can write to Hal Turner and he will reply!

A number of folks have e-mailed us asking how to get in touch with our family member, radio host and blogger Hal Turner, while he awaits his new federal criminal trial.

You can write to Hal using the Post Office Box address below. We will see to it that Hal receives all mail.

P.O. Box 1103
Secaucus, NJ 07096-1103

In addition, "The Hal Turner Show" number telephone is still in service, so you can call Hal or leave a voice mail message . . . . . but be mindful the government probably still has that phone tapped. That number is 201-484-0060. The radio show FAX line is also still in service at 201-604-3504.

Hal remains free on $500,000 Bail, under house arrest with an electronic monitoring ankle bracelet, forbidden from speaking to the media and from using the internet.

He was arrested on June 24 after publishing an Editorial which was critical of the way three federal Judges violated the US Constitution and violated a recent US Supreme Court Ruling. Hal wrote that the Judges were "traitors" to the United States and were tyrants. He quoted Thomas Jefferson's "Tree of Liberty Letter" which said "The tree of liberty must be replenished from time to time with the blood of tyrants and patriots." Hal then wrote "Let me be the first to say this plainly, these judges deserve to be killed."

The government claims that saying the judges "deserve to be killed" is a threat to actually go out and kill them! Hal knows that saying someone "deserves" something is just an opinion.

Based on what he wrote, the government charged Hal with "threatening to assault and murder three United States judges." Hal spent 119 days in federal custody until being released on $500,000 cash bail October 21.

Hal went on trial in federal court in Brooklyn, NY on December 1, but the trial ended in a hung jury that voted 9 to 3 in favor of acquittal.

HISTORIC ARREST

Hal is the first American media editor to be jailed for an Editorial since the Civil War. The last American media editor to be jailed for an editorial in this country was Benjamin Franklin Bache, grandson of one of our Founding Fathers, Benjamin Franklin. Bache was jailed in the 1860's for publishing an Editorial opposing the Civil War. That's how long it has been since an Editor in America was arrested for an Editorial! That's why the arrest of Hal Turner is actually historic. This type of thing isn't supposed to happen in America, yet it is.

The charges against Hal are false; he committed no crime. The case against him is nothing short of a full frontal assault upon freedom of speech which is why 9 out of 12 jurors voted NOT GUILTY.
Hal made no threat to do anything to anyone. He made no demand for anyone to do anything to anyone and he did not say anything was actually going to happen to anyone. Yet the government charged him anyway. So much for freedom of speech.

Hal would love to hear from you so as to know he is not alone in this fight.

Tuesday, December 29, 2009

Trial Transcript Reveals Hal Turner was "National Security Intelligence" and an "FBI Agent"

Brooklyn, NY -- The trial of radio host Hal Turner lead to some startling revelations which the media has barely covered. We have obtained the official Transcript of the trial and provide some details that you may find interesting.

According to Assistant Special Agent in Charge (ASAC) Amy Pickett, the third highest ranking FBI Official in New York City, Hal Turner was involved in "National Security Intelligence." According to Pickett's testimony which appears in a scanned image of the official Trial transcript below, Hal Turner dealt with "National Security Intelligence, terrorism and foreign counterintelligence" while he served with the FBI Joint Terrorism Task Force (JTTF).

According to Pickett, what Hal Turner did for the United States was ". . . really so serious that it cannot be handled at the local level. It has to go up to the Department of Justice."

WOW! How's that for a surprise?!

All the folks out there who thought Hal was some terrible person just got the surprise of their lives. Turns out Hal was one of the good guys! Read it for yourself in the image of Trial Transcript Pages 317 and 318 below.





But wait, it gets better. . . . .

The next scanned image (below) of Page 555 of the official Trial Transcript shows Assistant U.S. Attorney William Hogan told the Jury "There is no evidence in this case of any criminal activity committed by Hal Turner while he was an FBI Agent."

An FBI Agent? Whoa! Hal Turner was an FBI Agent? Looks like Asst. US
Attorney Hogan really slipped and let the cat out of the bag this time! WOW! Read it for yourself in the scanned image below.

So now that the truth is out, how is it that Hal was arrested and put on trial for doing in 2009 what he did in 2002, did again in 2005 (twice) on National TV, did again in 2007 on his web site and did again in 2008 on his radio show?

If saying a federal Judge was "worthy of death" wasn't a crime in 2002 when Hal said it on radio station WBCQ, and those same words were not a crime when he repeated them on DATELINE NBC and again a week later on "At Large" with Geraldo Rivera on FOX NEWS CHANNEL. . . . . and were not a crime when he said them about a different Judge during his radio show in 2007 or again in 2008. . . . . then how were such words a crime in June 2009 for which Hal was arrested?

The simple truth is that what Hal said in his online editorial which he posted on June 2, 2009 were not a threat. They were not a crime. The entire case against Hal is crap and the jury in his trial saw it. That's why they voted 9 to 3 in favor of acquittal.

Given these irrefutable facts, revealed under oath by officials of the FBI during Hal's trial earlier this month, when will sanity return to the system and these charges against Hal be disposed of?

A second trial is scheduled for March 1. In the meantime, it might be nice to hear from Hal's most ardent critics. What do they have to say about Hal now that it turns out what he was doing on the air was an FBI operation designed to protect America?

Friday, December 11, 2009

Brazilian Newspaper Cries "Foul" Over FBI Operative Hal Turner

UPDATED SUNDAY, DECEMBER 13, 2009

Sao Paolo, Brazil -- This Sunday, the largest newspaper in Brazil, "o Globo" will be running a major front-page story about the continuing U.S. criminal case involving radio host Hal Turner. According to sources with knowledge of the pending story, the newspaper Fohla de S. Paolo, which is the Brazilian version of the New York Times will report this week that the United States sent ". . . . an American spy, Hal Turner . . . . to spy on Brazilians."

As reported by "The Record" newspaper of New Jersey two weeks ago, Turner was a highly trained intelligence operative for the FBI Joint Terrorism Task Force. During a three month investigation, the newspaper revealed it had seen government documents, e-mails, reviewed court records proving that Turner was, in fact, working for the FBI since at least the year 2003, but other government documents reveal Turner was with FBI since 1993.

Among the revelations by the newspaper, Turner was sent overseas by the FBI. One country specifically named in the newspaper was Brazil, where Turner uncovered a plot to ship non-military goods to the Iraqi-resistance who are battling US troops in Iraq.

While some doubted initial media reports that Turner was anything more than a paid informant for the FBI, eyebrows were raised by testimony given by an FBI official during Turner's trial.

Last week during trial in federal court, FBI Supervising Special Agent Amy Pickett, the third highest ranking FBI Official in New York City, took to the witness stand and stunned the courtroom when she testified "Hal Turner dealt with national security; the national security of the United States." She went on to testify that Turner "dealt with things that affected a lot of people" and applauded Turner as being "highly reliable" and an intelligence operative whose information was "very accurate." Pickett testified "When he [Turner] said something was going to happen, it did. . . . . ."

According to souces in Brazil, the Brazilian newspaper expects their story to cause a national scandal in that country because the Brazilian government was not told that the U.S. was sending a "spy" to their country. It is expected that Brazil will file a formal protest with the U.S. State Department, decrying the fact that the US Government sent "a spy" to Brazil to "spy on Brazilian citizens."

This blog will provide a link to the Brazilian newspaper story once it is published.

FAMILY OPINION

The ironic part of this entire affair is that none of this had to come out. If it wasn't for the fact that Assistant U.S. Attorney William Hogan and William Ridgway in Chicago were so hell bent on prosecuting an opinion as though it were a threat, none of Hal's information would now be a public spectacle.

When Hal was first arrested, he did not divulge his role with FBI publicly. Instead, Hal's attorney, Michael Orozco, disclosed the information privately to Assistant US Attorney Judson Willsy at Turner's first Bail Hearing in Newark NJ the day after the arrest. Willsy seemed aghast at the notion that Hal could ever have been with the FBI and told Orozco "That's bullshit; Hal Turner has no credibility."

Denied bail, Hal still remained totally silent about his role with FBI, figuring it would take the government time to figure things out and that all would be fixed by the time Hal was extradicted to Chicago. He stayed quiet, in jail, for 30 days.

Stunningly, when Hal got to Chicago on July 28. . . . . . more than thirty days after his arrest. . . . . Assistant U.S. Attorney William Hogan persisted in the lie that Hal was dangerous to the community.

Hogan demanded that Hal be remanded without bail even though by that time, records prove that Hogan knew that Hal had been with the FBI for years.

Apparently Hogan perpetuated the lie that Hal was dangerous because Hogan is incapable of admitting he made a terrible mistake bringing this case!

Now that the case against Hal has resulted in a mistrial, with a jury deadlocked 9 not guilty to 3 guilty, even more details of Hal Turner's intelligence opertions for the FBI are likely to come out. As we will soon see with Brazil, the scandals and fallout from such revelations will have an effect on the US Goverrnment.

We, Hal's family can tell you, there is a lot that will come out. It wasn't just Brazil where Hal had overseas dealings. In fact, Hal had dealings with officials from Great Britian, the British National Party and even members of the European Parliament -- all as part of his role with the FBI.

In addition, Hal performed work for an agent - who will be publicly named - from the Central Intelligence Agency; and was tasked by CIA to do something that would ultimately affect the outcome of the Israeli invasion of Lebanon 19 months later!

Yes, things are going to get pretty dicey when Hal's trial starts anew on March 1 in Brooklyn. Just remember that none of this had to come out if it wasn't for the U.S. Attorneys office in Chicago who are mis-representing an opinion as a threat and who are too arrogant to admit they made a mistake or to let go.

***** UPDATE **** The Brazilian Newspaper "Fohla de S. Paolo" has, in fact, published the story previously mentioned above. The link to the Portuguese language article is below.

http://oglobo.globo.com/pais/noblat/posts/2009/12/13/fbi-mandou-isca-ao-brasil-para-mapear-extremistas-249613.asp

Monday, December 7, 2009

Turner Trial Surprise: Hung Jury

Brooklyn, NY -- Radio shock-jock Hal Turner delivered a stinging upset to the federal government today when Jurors in his criminal trial told the judge they were "hopelessly deadlocked."

Expecting the jury vote to be lopsided in favor of the government, prosecutors and the judge in the case were utterly stunned when it was revealed that Jurors had voted 9 NOT GUILTY to 3 guilty!

Making this even more stunning is that Turner did not offer any defense -- his lawyers called no witnesses and presented no evidence, but instead tore into the governments own evidence and own witnesses almost totally discrediting the government's case.

Turner was arrested by the FBI on June 24, twenty days after posting on his blog that three federal judges on the 7th U.S. Circuit Court of Appeals were "traitors" to the United States who "deserve to be killed" for violating the US Constitution and for intentionally ignoring a recent ruling by the US Supreme Court.

The FBI charged Turner with "threatening to assault and murder" the three judges! Turner was held in federal prison for 119 days without Bail before being released on $500,000 cash only.

The government contends that saying the Judges "deserve to be killed" is a threat to actually kill them. Turner's lawyers argued that saying someone "deserves" anything is merely an opinion. Opinions, be they oral or written, are protected free speech.

Clearly, the Jury agreed since 75% of Jurors voted NOT Guilty.

In a troubling development, one of the Jurors who voted GUILTY was interviewed by the New York Daily News and revealed something startling: Instead of applying the law as he swore to do, the Juror told reporters "[Turner] "He's a publicity seeker and he wants to be a bigger force than he was. By acquitting him, he would become bigger and stronger." (CLICK HERE FOR THE NY DAILY NEWS STORY)

It is not the role of a juror to decide to convict someone for any reason other than for breaking the law. The fact that this juror admits that another reason drove his decision shows that political considerations came into play; something that is forbidden in Jury trials.

PROSECUTOR WHINES ABOUT THIS FAMILY BLOG

In another interesting development, Assistant U.S. Attorney William Hogan asked the court to gag Defense Attorneys from speaking to the media and also asked the court to order this "Family of Hal Turner" blog shut down!

The judge instructed Defense attorneys to stop talking to the media but declined to order this blog shut down.

"The U.S. Attorney is clearly ashamed of his ongoing vicious assault upon freedom of speech and wants to operate in secret" said one person attending today's trial. "That's how government
goons like to operate - in secret" she continued.

We are able to tell you that the most prestigious program in broadcast TV news, "60 Minutes" had a camera crew at the Brooklyn federal courthouse today while two executive producers from that show sat in the courtroom during Turner's trial earlier this week. The fact that the most-viewed news program in the world is interested in the shenanigans taking place in this case is a good sign.

We wonder what Assistant US Attorneys William Hogan and William Ridgway will do when they arrive at work one day to a "60 Minutes" news crew asking them why they are prosecuting an American citizen for uttering an opinion.

It ought to be fun to watch them try to squirm their way out of that on national TV!

JUDGE HAS SOME EXPLAINING TO DO TOO

What makes the Turner case so astounding is that federal district Judge Donald Walter who is presiding over the case, turned his back on more than 40 years of Supreme Court case law and allowed the case against Turner to proceed.

It is long settled in the USA that advocating violence is lawful as long as it is done in a context which does not lend itself to imminent lawlessness. That precedent was established in the case "Brandenberg v. Ohio" back in 1969 and has been rock-solid free speech case law ever since.

We suspect that "60 Minutes" might ask Judge Walter if he chose to ignore "Brandenberg" because his knickers are in a twist over the nasty remarks Turner made about his fellow judges.

Birds of a feather. . . . .

Hal Turner's trial has been re-scheduled for March 1.

Thursday, December 3, 2009

Hal Turner Case Inspires Episode of "Law & Order: SVU"

Next Wednesday evening on NBC, an episode of "Law & Order: Special Victims Unit" will air. The show appears to be partially inspired by Hal Turner's case!

In ads for the show, the voice-over says "Can a patriotic radio host inspire someone to kill?"

While no one ever died because of "The Hal Turner Show," Hal is presently on trial for saying that three federal judges "deserve to be killed."

Since all "Law & Order" episodes are "ripped from the headlines," it's clear to us that Hal's case--which made national news last June--may have inspired this upcoming TV show!

Hal Turner: FBI's Extremist Insider

The Bergen Record has published a major investigative report about Hal! After a three month investigation by two seasoned journalists, "The Record" has revealed Hal was a top intelligence operative for the FBI Joint Terrorism Task Force. CLICK HERE FOR THE FULL STORY!