September 23, 2007
On Two Fronts
Court Extends Stay Blocking U.S. Access to
On August 30, as previously reported here, the
States Court of Appeals for the Second Circuit temporarily
stayed (blocked) a lower court order that directed WTP to
turn over the names and addresses of the people who received
a copy of WTP’s "Blue Folder".
The Second Circuit’s order had blocked the lower court’s
order at least until September 18, the day a panel of three
judges was scheduled to hear two motions filed by WTP with
the Court of Appeals: To stay the enforcement of the lower
court’s order pending the results of WTP’s appeal from that
order; and to expedite the appeal.
On September 18, the panel heard those arguments by Bob
Schulz in support of the two motions, and by the DOJ
appellate attorney in opposition to the motions.
On September 20, the Second Circuit issued its decision. The
good news is the Court extended the stay of the most harmful
part of the lower court’s decision – i.e., the
identification information does not have to be turned over
to the DOJ, pending the appeal, and the appeal has been
The court also issued an appeal briefing schedule, ordering
the case to be ready for oral argument by
In light of the fact that in its written opposition to WTP’s
motion the DOJ clarified the meaning of the District Court's
injunctive order – i.e., that the order is directed only at
the WTP forms in the "Blue Folder", and it is not directed
at any other part of WTP’s Speech on its websites, WTP will
soon restore the full content of its websites, absent links
to the WTP forms in the "Blue Folder".
WTP’s brief to the Second Circuit is due on
WTP will now focus on its soon to be filed appeal to the
United States Supreme Court appealing the recent decisions
in the landmark Right to Petition lawsuit, We The People
v United States (appeal from DC Circuit), Schulz v
United States (related appeal from the 9th
Circuit) and Schulz v United States (related appeal
from the 8th Circuit).
We thank everyone for their continuing strong support; the
rhythm of Freedom goes on.
Secretary of State Supports WTP
"Clean Elections" Vote Fraud Lawsuit
On Friday, September 21, Jesse White, the Illinois Secretary
of State, was personally served with WTP’s Summons and
Complaint in the just filed national “Clean Elections”
lawsuit, a multi-state action that seeks to prohibit primary
and general elections that are not open, verifiable,
transparent and machine and computer free.
White was visited at his office in the
state capitol by a group of three: Fred Smart, the
plaintiff in the case, a videographer and a friend whose job
it was to hand the papers over (Fred, as a party to the
action is prohibited from serving the papers).
The good news was White’s reaction. After looking at the
Complaint, Secretary of State White said he was in complete
agreement with the lawsuit, including the relief requested.
He said all votes should be hand counted at each precinct,
in full public view, "even if it takes a week" to count the
votes. White allowed Fred to film the service of the papers
and his comments in support of the lawsuit.
Click here for a short video of the reaction to the lawsuit by Illinois
Secretary of State White.
be interesting to see how the other State defendants react
to being sued. In New Hampshire, Florida and California the
States will be served on Tuesday morning, followed by press
conferences in Concord, Tallahassee and Sacramento,
We encourage everyone to read the national "Clean Election"
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