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Monday, January 13, 2014

New York Times Covers Legal Schnauzer First Amendment Case, Shuler Only Jailed Journalist in U.S.

This is Carol, Roger's wife. Multiple legal experts said Legal Schnauzer publisher Roger Shuler is the victim of unconstitutional actions by an Alabama judge in an article published yesterday in The New York Times.

The article, reporter Campbell Robertson, appeared on page A14 of the Sunday, Jan. 12 issue of the nation's most prestigious newspaper. The article came after an almost three hour interview with Carol Shuler and an hour's worth of four separate interviews with Roger Shuler via telephone from the Shelby County Jail, where he has been incarcerated since Oct. 23 due to a lawsuit filed by Republican political figure Rob Riley.

Shuler said the article is a major victory for his contention that there are no grounds for an order of civil contempt against him and resulting incarceration. Shuler noted that the article contains a number of glaring inaccuracies, but overall he said that he is pleased with the attention The New York Times has shined on the issue of terroristic threats against journalists and bloggers and those who support free speech. Following is one excerpt from the article that includes an expert's assertion that the actions of Alabama Circuit Judge Claud Neilson are unconstitutional:
"...Mr. Shuler, 57, was arrested in late October on a contempt charge in connection with a defamation lawsuit filed by the son of a former governor. The circumstances surrounding that arrest, including a judge's order that many legal experts described as unconstitutional..."
Robertson notes that Shuler is the only incarcerated journalist in the Western Hemisphere and points out that other countries that have imprisoned journalists in 2013 include China, Iran and Egypt. Alabama lawyer David Gespass voiced serious concerns about what has happened to Shuler in the Shuler case, "It seems to me that the judge's order was really way out of bounds." What about inaccuracies in the story and other issues it raises? We will address those in a series of upcoming posts.

"This is a profoundly important issue and while I'm disturbed about some of the inaccurate reporting in it, I applaud Campbell Robertson and The New York Times for their effort to shine light on an issue that the public needs to know about. This an important part of the process to educate readers worldwide about exactly what is going on in Alabama courts. And we will be taking a much closer look at issues that are raised in the days ahead," Shuler said.

The full article can be read at this link:  Blogger's Incarceration Raises First Amendment Questions.

The New York Times - New York, NY

8 comments:

Coyote Lane said...

SEE END OF POST, CONTACT 'HIM'

> Is our legal system that corrupt?

Yep!

For example, read what the late LAPD Detective Gary Wean wrote about downtown Los Angeles, naming names here

http://supremelaw.org/authors/wean/gary.wean.article.htm

Why do you think the prison population in America is at an all-time high? Answer: because these corrupt "robes" are engaged in perpetrating a nationwide prison racket:

http://supremelaw.org/press/rels/kickback.htm

In Las Vegas, brown bags filled with $100 poker chips show up "spontaneously" on the front door steps of Nevada's Federal "Judges" -- for the wives to enjoy!


http://supremelaw.org/press/rels/lawless.htm

It is no wonder that well in excess of 80% of the American
People are now disgusted with government, and all of its agents.

Our Chief Justice is clearly a criminal if he continues to
advocate taxation of federal judges, in the face of supreme laws
which maintain the contrary.

Federal judges are also heavy investors in the United States Prison Industries, now the fifth largest enterprise of the whole American economy. Need we say any more? Yes, we need to say more, because the incarceration
rate in the land of the free is now the highest in the world, by
wide margins. You can thank William H. Rehnquist for that
honorable distinction. None will dare to call it treason.

> the issue of Judge Robart

Part of the problem is that people like yourself will repeat that same mistake, even after I've shown you PROOF why his credentials are fatally defective.

Old habits die hard!

> My lawyer will look into the issue

I wouldn't get your hopes up too high:

licensed attorneys generally refuse
to inquire into the existence of valid credentials, EVEN THOUGH their Oaths of Office require
them to honor and obey Article VI in the U.S. Constitution:

http://supremelaw.org/ref/whuscons/whuscons.htm#6:3

Attorney are "officers of the court" and as such they are required by 4 U.S.C. 101 to execute the same OATH:

http://www.law.cornell.edu/uscode/4/101.html

http://supremelaw.org/cc/aol/criminal.complaint.htm


LIST OF AUTHORITIES

Plaintiff cites the following authorities in support of His VERIFIED CRIMINAL COMPLAINT, to wit: Powell v. Alabama, 287 U.S. 45, 73 (1932) (“attorneys are officers of the court”); Malautea v. Suzuki Motor Co., 987 F.2d 1536, 1546 (11th Cir 1993) (“All attorneys, as officers of the court ....”); Pumphrey v. K.W. Thompson Tool Co., 62 F.3d 1128, 1130 (9th Cir. 1995) (see section “II.”); “Let Us Be Officers of the Court,” by Hon. Marvin E. Aspen, 83 ABA Journal 94 (1997); and FRCP Rule 1, Advisory Committee Notes, 1993 Amendments (“as officers of the court, attorneys share ....”).


In Washington State, see Rule 5 of the Washington State Court Rules,
Admission to Practice Rules:

http://www.courts.wa.gov/court_rules/?fa=court_rules.rulesPDF&groupName=ga&setName=APR

scroll down to "OATH OF ATTORNEY":

APR 5
RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE;

PAYMENT OF MEMBERSHIP FEE; OATH OF ATTORNEY; RESIDENT AGENT

Paul, Thanks for your analysis, Do you mind if they are forwarded to Mr. Vogt?

From: Paul Andrew Mitchell, B.A., M.S.
Sent: Sunday, January 12, 2014 3:29 PM
To: Byron Wine
Cc: doug@vectorpub.com
Subject: Re: "300 Miles to the Gallon!" by William G. Shepherd (Collier's magazine for October 5, 1929)

Paul Andrew Mitchell, B.A., M.S.

Paul Andrew Mitchell, B.A., M.S.

e.a.f. said...

Lets hope some one send some the New York Times to some of the politicians in Alabama. The dubious honour of making this list is not one the U.S.A. should strive for.

It is important the case of Mr. Shuler is made public in as many newspapers as possible.

Once the bad publicity from jailing Mr. Shuler,gets more difficult to deal with than what Mr. Shuler writes, he will most likely be released from jail. it will be up to us to ensure this happens Now its time for all of us to write their elected representative in Alabama and the Gov.

Anonymous said...

CHINA for a longtime has been identified as a "HUMAN RIGHTS VIOLATOR" for doing unto its citizens as has been, is being, done to Roger Shuler; brutalities, and false arrest and held without bond.

Ask yourself, does the treatment of Roger Shuler not rise to the levels equal to that of CHINA'S
HUMAN RIGHTS VIOLATIONS VIA SELECTIVE TARGETING?

Therefore is it not reasonable to conclude that the governing State of Alabama officials endorse, encourage, and condone same as, equal to CHINA'S VIOLATIONS OF AN INDIVIDUAL'S HUMAN RIGHTS?


Yet Alabamian's tax dollars, tax credits, in kind services, etc. are being bargained away for CHINA to get a foothold in Alabama.

Somewhere in a Alabama newspaper recently an article about Alabama officials wooing CHINA TO COME TO STATE OF ALABAMA TO SET UP TO DO BUSINESS; what would, probably be, CHINA'S OFFICIALS response when told that the STATE OF ALABAMA endorses human rights violations too, similar to present day CHINA'S?

Who would believe that "the little people" WOULD EVER CALL ON the Chinese Ambassador's officials TO GET THEIR OPINIONS
on Roger Shuler injustices?

January 14 IS NOT JUST ROGER'S COURT DATE, IT'S A COURT DATE FOR ALL WHO CHERRISH CONSTITUTIONAL
RIGHTS AND FREEDOMS AND LIBERTIES


State of Alabama within the United States of America exposed emerging to join ranks with CHINA in HUMAN RIGHTS VIOLATIONS.

Let your support be known for:
Mr. Roger Shuler
Ms. Carol Shuler
Mr. Don Seigelman
State of Alabama
United States of America

Mike Blankowski said...

I think that the funniest thing about all this,is that,in trying to hide reports of their affair,they have only raised awareness of it,to pretty much,the whole world......LMAO!!

Now the corrupt courts just need to let innocent people out of jail,so he can get on with his civil suits,for all the crimes committed against him,and the violations of his constitutional rights.

Anonymous said...

In my younger, naive years I hired a few lawyers when I believed the system was honest. Below see some of the expensive words of "legal" advice:

Two lawyers said: "You can't win. There's too much money against you."

and

Another lawyer said: "I don't see how you can lose this case. It's clearly won, and you have all of the documentation to prove it. BUT, it doesn't matter what I say because the judge can rule any way he wants." (I lost, of course)

and

One of the two lawyers above said: "Take down your blog. You're making people angry, and..(phrase omitted to protect).... they might just kill you and your remaining children."

Welcome to Bullying Southern Justice Style 101.

Roger needn't be neutralized by these people who skillfully utilize the courts, the system, intimidation and depletion of a person's financial and emotional assets to have their way.

It's just too bad Roger's adversaries are lawyers and members of the Southern legal clique.

I hope the next time someone writes an article about Roger, they get it exactly right.

Until then, we can thank Heaven and our Founding Fathers–– for Bloggers.

Coyote Lane said...

With you today Mrs. Schnauzer and Roger Murphy Spirit extraordinaire Legal Schnauzer!

The CHINA experience is reality. THE GOV GLOBAL is all in on this BS, "Pu$$y Riot" in Russia was about the SOROS' method of bringing down all free people in earth.

GOV GLOBAL isn't getting along at this time. Japan-Korea-Et Al are fighting with our #1 supposed Creditor, China. Then there are all the other wrestling about the ownership of earth. What to do with so many cannibals that have been invited to dinner!?

GOV Global isn't about Journalists such as Roger Shuler, outing the paedophilia cult dressed in ROBES and that is how we can identify 'em, of course all the AGENTS that are too dumb to get the slaughter of innocents does not stop with Murphy Schnauzer's Blog owners.

GET LINED UP AL "GOV" ... there's no such idea, benevolence when Russia and China - whose 'boots are on the ground' - come knocking with Nazi boot kicks at your door/s: Mr. Riley, Liberty Duke, Et Al.

Restore the U.S. Constitution or suffer your own worst nightmares ROVE-BUSH-BUTCHER AL!

Anonymous said...

I may not agree with what you say, but I will defend to the death your right to say it. --Voltaire

Anonymous said...

Carol, I left out the best one of all:

A lawyer in another state said this:
"There's not a lawyer in Georgia who will take your case."

(Really? Why not? I've wondered about that for years. The Georgia justice system even refused me the right to view my son's funeral records. How far can they go with their horrors?)

Now here's the question: Does the US Constitution (6th Amendment) guarantee a person a right to an attorney in civil cases as well as criminal?

(I don't think so.)

So, what happens when the "clique" of attorneys and the legal jet-set community blacklists a person in the civil court system?

What happens when there's not an attorney who will take your case? Judges seldom let self-representing-citizens win their own cases, and few citizens know the correct procedure to present a case to a court.

I realize law school is expensive, lawyers had to pay off their loans, earned their right of superiority, and that intelligence has it's worth: but..... simply put, what's RIGHT is RIGHT.

And what's WRONG, is WRONG - even in a court of law.

I hope Roger's situation will stir enough controversy to make some very much needed changes in the court/justice/ and law enforcement systems in this country.

At some point the phrase "Equal Justice Under The Law" must ring true–– at least for those of us who used to believe in it.

How can any court system or justice system deny a mother the right to her child's funeral records?

How can the court system rule that a person cannot tell the TRUTH as best he knows it?

It's just incredible what they're getting away with down South.