Bill White Legal Update 8-2-2016
I received some information this morning regarding my 2241 habeas pleading pending in the Northern District of Illinois. This pleading relates to my first Western District of Virginia case, the one that was on CNN, and the like. Because I have not yet seen these pleadings themselves, I am somewhat reluctant to share second hand information. However, what I have heard sounds good.
The government has not contested the issue of whether or not I am actually innocent of the "threats" that I was convicted of making.
[Sorry, have to butt in here. Leaving aside the issue of whether Bill actually sent the e-mails in question, which the forensic evidence he has finally been allowed to see after five years indicates he did not, the "threat" in at least one case involved a negress testifying on the witness stand that she felt "in fear of her life" when she saw an e-mail, as I understand it not even intended for her, because "I knew it came from that awful racist man Bill White." - HAC]
Instead, the dictatorship has advanced a novel principle of venue which it is calling a "jurisdictional" issue. A 2241 proceeding (which is distinct from a 2255 proceeding, the other kind of federal habeas) is filed in the jurisdiction where the person is currently being held prisoner; this principle is as old as the United States Constitution (which secured the writ of habeas corpus, 2241 being the "old" pre-1996, version of that writ.)
The regime has advanced the new idea that venue does not in fact lie where the courts say it has for the past 220 years, but lies in the district where I am supposed to be held, regardless of where I am actually being held. Needless to say, if I filed a motion like this I would be sanctioned for making a frivolous pleading.
The fact that the dictatorship's argument is stupid and flies in the face of two centuries of American juriprudence does not mean that it will not be granted. If it is granted, at worst it means that my petition will be transferred to the Southern District of Illinois, or that I will have to refile in that district.
[The legal term for this is coitus interminus, or "getting fucked around" in the vernacular. - HAC]
My feeling is that, as the AUSA involved in this is badly overworked and has already received two extensions after an initial default, and had to file this motion by instanter because she missed a third deadline to file, and knows that the United States is excused almost any error no matter how ridiculous or egregious by our largely corrupt federal judiciary, she made what she knows is a nonsense motion in order to reduce her workload and just get it off her desk for another few months.
The only thing going for me in this is that the judge has already made a preliminary ruling that he had venue and jurisdiction in the preliminary screening where he granted review, and the judge that I have is known as a "smart judge" and thus regardless of what he does, should know that what the United States is doing is legally incorrect.
The good side, though, is that the United States is no longer contesting the fact that I am actually innocent. This the crux of the matter; everything else is just kicking the can down the road.