User Panel
Posted: 3/6/2012 3:24:05 PM EDT
As promised, here are some docs from the Friesen case.
Friesen was an attorney that bought a Sten from Erb. The ATF got pissed off at Friesen for some apparently disparaging comments made on Friesen's radio show. The ATF raided him, found the Sten, claimed it wasn't registered, obliterated serial #, and some other stuff, and tried Friesen criminally. The first trial ended in a mistrial. The second trial was eventually dismissed and Friesen plead guilty to a misdemeanor to end the process. Then Friesen sued Erb civilly. Shenanigans are ensuing regarding discovery. Docs will be posted from both the criminal and civil docket as time permits. Here is a document filed by James P Vann (ATF Counsel) regarding a protective order in the criminal case attempting to prohibit documents produced in the criminal case from being used in the civil case: http://www.scribd.com/doc/83269598/ATF-Opp-to-Modify-PO Here is the response by Friesen's lawyer, contradicting James P Vann's motion: http://www.scribd.com/doc/83858950/Resp-by-Friesen-to-Atf Here is the Defendant's (Erb) designation of Expert Witnesses. Notice that there are a lot of ATF agents listed, AND a sitting United States Attorney! http://www.scribd.com/doc/84019250/Pl-Expert-Designation I have an answer to write tonight, and afterwards will post the civil complaint and others as time permits. |
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Here is the amended complaint in the civil case:
http://www.scribd.com/doc/84220347/2nd-Amend-Comp-in-Friesen-v-Erb Here is the motion to dismiss by Erb http://www.scribd.com/doc/84019273/Motion-to-Dismiss-by-Erb |
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from sipsey this am:
http://sipseystreetirregulars.blogspot.com/2012/03/sipsey-street-exclusive-i-would-like-to.html I would like to draw your attention to Mr. Erb's expert witness list. (Linked in my story and found here: http://www.scribd.com/doc/84019250/Pl-Expert-Designation) You will note that it is made up entirely of current and former ATF and DOJ employees, all participating on the taxpayer dime, presumably. You will further note that it includes the name of Ed Kumiega, Assistant United States Attorney in Oklahoma City. I mention this because Mr. Kumiega is one of that protected species that Attorney General Eric Holder has been holding forth at great length about what DOJ line attorneys can, and cannot, do when it comes to your investigation of Fast and Furious. I am not an attorney, but attorneys have told me that this designated expert witness list made up ENTIRELY of government employees IN A CIVIL SUIT IN WHICH NEITHER THEY NOR THE GOVERNMENT IS NAMED, not only is unprecedented in their experience, but that it must have been approved at the highest levels of the Justice Department. |
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Another epic Nolo thread!
Will we ever see the ATF get the smackdown they have earned? |
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Quoted:
Another epic Nolo thread! Will we ever see the ATF get the smackdown they have earned? I'm working on a fairly large project right now that is going to be epic |
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please, please, please....
Get 'em, Nolo! Quoted: Quoted: Another epic Nolo thread! Will we ever see the ATF get the smackdown they have earned? I'm working on a fairly large project right now that is going to be epic |
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Tag for later reading ..Friesen taught part of my CCW course back in 02....nice guy
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Quoted: So the implication is that Friesen was maliciously prosecuted by the ATF, managed to beat the wrap, and now the ATF/DOJ is backing up Erb in the civil case to prevent discovery of things incriminating to the ATF?from sipsey this am: http://sipseystreetirregulars.blogspot.com/2012/03/sipsey-street-exclusive-i-would-like-to.html I would like to draw your attention to Mr. Erb's expert witness list. (Linked in my story and found here: http://www.scribd.com/doc/84019250/Pl-Expert-Designation) You will note that it is made up entirely of current and former ATF and DOJ employees, all participating on the taxpayer dime, presumably. You will further note that it includes the name of Ed Kumiega, Assistant United States Attorney in Oklahoma City. I mention this because Mr. Kumiega is one of that protected species that Attorney General Eric Holder has been holding forth at great length about what DOJ line attorneys can, and cannot, do when it comes to your investigation of Fast and Furious. I am not an attorney, but attorneys have told me that this designated expert witness list made up ENTIRELY of government employees IN A CIVIL SUIT IN WHICH NEITHER THEY NOR THE GOVERNMENT IS NAMED, not only is unprecedented in their experience, but that it must have been approved at the highest levels of the Justice Department. |
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Quoted:
Quoted:
So the implication is that Friesen was maliciously prosecuted by the ATF, managed to beat the wrap, and now the ATF/DOJ is backing up Erb in the civil case to prevent discovery of things incriminating to the ATF?
from sipsey this am: http://sipseystreetirregulars.blogspot.com/2012/03/sipsey-street-exclusive-i-would-like-to.html I would like to draw your attention to Mr. Erb's expert witness list. (Linked in my story and found here: http://www.scribd.com/doc/84019250/Pl-Expert-Designation) You will note that it is made up entirely of current and former ATF and DOJ employees, all participating on the taxpayer dime, presumably. You will further note that it includes the name of Ed Kumiega, Assistant United States Attorney in Oklahoma City. I mention this because Mr. Kumiega is one of that protected species that Attorney General Eric Holder has been holding forth at great length about what DOJ line attorneys can, and cannot, do when it comes to your investigation of Fast and Furious. I am not an attorney, but attorneys have told me that this designated expert witness list made up ENTIRELY of government employees IN A CIVIL SUIT IN WHICH NEITHER THEY NOR THE GOVERNMENT IS NAMED, not only is unprecedented in their experience, but that it must have been approved at the highest levels of the Justice Department. Yep |
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I am in. I look forward to meeting Nolo someday
Posted Via AR15.Com Mobile |
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I would recommend those that are interested get a free account at http://www.scribd.com/.
Then follow http://www.scribd.com/NoloContendere for easy access to the documents. |
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Back in a minute, gotta melt some extra butter for all the popcorn for this case!
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It better be.
You are too important to get Fostered Breitbarted. |
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I'll have to read into this some more, I think this is my first time hearing about this Friesen case.
First question I have - Who is Erb? And why is the ATF bending over backwards to help him? Thanks Nolo! Your work here reminds me a bit of Breitbart's ability to find the truth. |
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Quoted:
I'll have to read into this some more, I think this is my first time hearing about this Friesen case. First question I have - Who is Erb? And why is the ATF bending over backwards to help him? Thanks Nolo! Your work here reminds me a bit of Breitbart's ability to find the truth. erb made some machineguns. Why is the atf bending over backwards? That's what I want to find out, and I will. |
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Quoted:
Another epic Nolo thread! Will we ever see the ATF get the smackdown they have earned? don't mean to be the wet rag here, but the answer is "never". government agencies never get "punished" past a little slap on the wrist. |
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OST. i had too much catching up to do in the other thread, hopefully I can stay up with this one.
Nolo, you are a saint |
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Do you ever get your findings published???
Some of this stuff needs to be leaked to the MASS media...if they will even listen...they DO love exposing corruption no? |
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Quoted:
Do you ever get your findings published??? Some of this stuff needs to be leaked to the MASS media...if they will even listen...they DO love exposing corruption no? You've seen it before. |
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Quoted:
Quoted:
I'll have to read into this some more, I think this is my first time hearing about this Friesen case. First question I have - Who is Erb? And why is the ATF bending over backwards to help him? Thanks Nolo! Your work here reminds me a bit of Breitbart's ability to find the truth. erb made some machineguns. Why is the atf bending over backwards? That's what I want to find out, and I will. The first link in the second post lays out the complaint, http://www.scribd.com/doc/84220347/2nd-Amend-Comp-in-Friesen-v-Erb It's only 8 pages and lays out the civil complaint. The U.S. Vs. Freisen transcripts are good reading, ( after reading the first volume, I did skip and read the last pages of volume 8, which make me want to read the rest even more.) I hope the trial doesn't get delayed until September. I might be able to attend a few days. |
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You think he could be a snitch? I am wondering if Friesen got away because of the errors in the NFATR, and that is what they are trying to suppress with the protective order. It has been said for some time that this information being case law would severely hinder their ability to get convictions on many NFA possession cases.
In my case they wanted to proceed with charges of illegal possession of NFA items, even though I had the approved form 3's but they were not showing on the NFRTR. Even after I showed them my form 3's they wanted to proceed with administrative forfieture. When I laid down the CD's with hundreds of pages of documentation and testimony on the inaccuracies in the NFRTR they dropped most of them. I am still fighting for 4 pieces of equipment. I am hoping it goes to the judge, I would love to get all of that documentation into the case. These though also involve arbitrary rulings from members of tech branch that conflict with written policy and regulations. As Stephen Halbrook recommends in his fine legal books, this could be used to get those tech branch members on perjury, thus making their findings questionable in future cases. ETA, Nolo, you AREN'T Halbrook are you? LOL. |
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Quoted:
Quoted:
Quoted:
So the implication is that Friesen was maliciously prosecuted by the ATF, managed to beat the wrap, and now the ATF/DOJ is backing up Erb in the civil case to prevent discovery of things incriminating to the ATF?
from sipsey this am: http://sipseystreetirregulars.blogspot.com/2012/03/sipsey-street-exclusive-i-would-like-to.html I would like to draw your attention to Mr. Erb's expert witness list. (Linked in my story and found here: http://www.scribd.com/doc/84019250/Pl-Expert-Designation) You will note that it is made up entirely of current and former ATF and DOJ employees, all participating on the taxpayer dime, presumably. You will further note that it includes the name of Ed Kumiega, Assistant United States Attorney in Oklahoma City. I mention this because Mr. Kumiega is one of that protected species that Attorney General Eric Holder has been holding forth at great length about what DOJ line attorneys can, and cannot, do when it comes to your investigation of Fast and Furious. I am not an attorney, but attorneys have told me that this designated expert witness list made up ENTIRELY of government employees IN A CIVIL SUIT IN WHICH NEITHER THEY NOR THE GOVERNMENT IS NAMED, not only is unprecedented in their experience, but that it must have been approved at the highest levels of the Justice Department. Yep My shocked face ––-> |
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Nolo... you Sir are a steely eyed missle man! THANKS for posting!
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Quoted:
You think he could be a snitch? I am wondering if Friesen got away because of the errors in the NFATR, and that is what they are trying to suppress with the protective order. It has been said for some time that this information being case law would severely hinder their ability to get convictions on many NFA possession cases. In my case they wanted to proceed with charges of illegal possession of NFA items, even though I had the approved form 3's but they were not showing on the NFRTR. Even after I showed them my form 3's they wanted to proceed with administrative forfieture. When I laid down the CD's with hundreds of pages of documentation and testimony on the inaccuracies in the NFRTR they dropped most of them. I am still fighting for 4 pieces of equipment. I am hoping it goes to the judge, I would love to get all of that documentation into the case. These though also involve arbitrary rulings from members of tech branch that conflict with written policy and regulations. As Stephen Halbrook recommends in his fine legal books, this could be used to get those tech branch members on perjury, thus making their findings questionable in future cases. ETA, Nolo, you AREN'T Halbrook are you? LOL. the NFRTR needs to be wiped and redone. There are farrrrrr too many inaccuracies to be utilizing it for prosecutions, much less registration. It is that bad. and no, i'm not him. |
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Civil:
http://www.scribd.com/doc/84593612/Order-to-Extend-Deadline Criminal (!) (closed case) http://www.scribd.com/doc/84593838/Order-Supplemental-Hearing ORDER On February 2, 2012, the court held an initial Show Cause hearing in this matter in order to determine the circumstances surrounding compliance with the terms of the Protective Order Regarding Discovery in this case [Doc. No. 48] (“Protective Order”). On the day before the hearing, defendant's counsel in the case of Doug Friesen v. Charles N. Erb, Jr., CIV-10-140-C (the “civil case”), filed a Motion Requesting Order to Lift or Otherwise Modify Discovery Protective Order for Limited Purpose [Doc. No. 162] (the “Motion”). At the Show Cause Hearing, the court was advised of the government's position that certain materials covered by the Protective Order were considered the property of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and that it would be necessary for the ATF to review the materials to determine whether there was an objection to the Motion and/or to discovery of these materials in the civil case. The court ordered the ATF to enter an appearance in this case and to file a written response to the Motion. The ATF complied with this order and a response was filed on February 29, 2012. Defendant filed a reply brief on March 2, 2012. A “Motion to Make More Definite and Certain the Order (Dkt. 159) Entered on January 27, 2012" [Doc. No. 168] has also been filed on behalf of Mr. Friesen, however, no response to this motion has yet been filed. Upon review of all the submissions filed since the initial hearing, the court finds that a supplemental hearing is appropriate so that the issues raised in the motions and responses may be resolved in a timely manner. Accordingly, the court hereby sets a supplemental hearing for March 21, 2012 at 10:00 a.m., Courtroom 502, United States Courthouse. Jacob Rowe and Joseph Wells, as well as counsel for the ATF, James P. Vann, are directed to be present at the supplemental hearing. Remaining counsel of record will be provided with this notice of the supplemental hearing, but they are not required to attend the supplemental hearing since their presence is not needed to resolve the remaining issues regarding the Protective Order. It is so ordered this 7th day of March, 2012. /s/ of judge |
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Quoted:
Civil: http://www.scribd.com/doc/84593612/Order-to-Extend-Deadline Criminal (!) (closed case) http://www.scribd.com/doc/84593838/Order-Supplemental-Hearing ORDER On February 2, 2012, the court held an initial Show Cause hearing in this matter in order to determine the circumstances surrounding compliance with the terms of the Protective Order Regarding Discovery in this case [Doc. No. 48] (“Protective Order”). On the day before the hearing, defendant's counsel in the case of Doug Friesen v. Charles N. Erb, Jr., CIV-10-140-C (the “civil case”), filed a Motion Requesting Order to Lift or Otherwise Modify Discovery Protective Order for Limited Purpose [Doc. No. 162] (the “Motion”). At the Show Cause Hearing, the court was advised of the government's position that certain materials covered by the Protective Order were considered the property of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and that it would be necessary for the ATF to review the materials to determine whether there was an objection to the Motion and/or to discovery of these materials in the civil case. The court ordered the ATF to enter an appearance in this case and to file a written response to the Motion. The ATF complied with this order and a response was filed on February 29, 2012. Defendant filed a reply brief on March 2, 2012. A “Motion to Make More Definite and Certain the Order (Dkt. 159) Entered on January 27, 2012" [Doc. No. 168] has also been filed on behalf of Mr. Friesen, however, no response to this motion has yet been filed. Upon review of all the submissions filed since the initial hearing, the court finds that a supplemental hearing is appropriate so that the issues raised in the motions and responses may be resolved in a timely manner. Accordingly, the court hereby sets a supplemental hearing for March 21, 2012 at 10:00 a.m., Courtroom 502, United States Courthouse. Jacob Rowe and Joseph Wells, as well as counsel for the ATF, James P. Vann, are directed to be present at the supplemental hearing. Remaining counsel of record will be provided with this notice of the supplemental hearing, but they are not required to attend the supplemental hearing since their presence is not needed to resolve the remaining issues regarding the Protective Order. It is so ordered this 7th day of March, 2012. /s/ of judge Wow. |
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Tag.
Because it could be my subgun they say isn't on the list next. |
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Home recovering from surgery, so got through about 650 pages yesterday- EVERY BIT AS GOOD AS A GOOD JOHN GRISHAM NOVEL!
Fascinating really- Had not followed this very closely, so makes for a great read. Thank you NOLO! |
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So, the ATF maliciously turned this man's life upside down for vengence.
And: If, somehow, the planets would have aligned and he got the drop on the "agents" raiding his house and blew them all away; how many here would be lining up to condemn this asshole terrorist and lamenting the loss of all those brave men? |
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I LOVE how the NFA Branch Tech, Brown fully admitted that there were errors in the NFRTR. I just added this to my document pile to fuck with the ATF and the NFRTR.
I REALLY want to know what is hiding under the protective order.... |
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So Erb has been found by ATF to have (in the past) registered the same weapons and serial number multiple times. How is it that he has not been investigated and charged, yet Friesen got hassled because the ATF Inspector wrote down a part number on the mag well instead of the actual serial number, on the tube? Just wow. But hey, these things happen all the time. Believe me! You should see the hack job they did on my evidence inventory.
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Quoted:
-snip- At the Show Cause Hearing, the court was advised of the government's position that certain materials covered by the Protective Order were considered the property of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and that it would be necessary for the ATF to review the materials to determine whether there was an objection to the Motion and/or to discovery of these materials in the civil case. -snip- Are they trying to imply that merely considering something property of a government agency is enough cause to withhold what might be considered crucial evidence??? |
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Quoted:
Quoted:
-snip- At the Show Cause Hearing, the court was advised of the government's position that certain materials covered by the Protective Order were considered the property of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and that it would be necessary for the ATF to review the materials to determine whether there was an objection to the Motion and/or to discovery of these materials in the civil case. -snip- Are they trying to imply that merely considering something property of a government agency is enough cause to withhold what might be considered crucial evidence??? After reading all transcripts of the previous trial, I think I will attend the hearing tomorrow, if Nolo thinks it's worth attending. Nolo, are there any requirements for attending? I would assume it is open to the public. Can I bring an iPad or pen and paper for note taking? (I'll will not wear my, "Am I The only one that didn't get a gun from the ATF?" t-shirt.) |
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Quoted:
Quoted:
Quoted:
-snip- At the Show Cause Hearing, the court was advised of the government's position that certain materials covered by the Protective Order were considered the property of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and that it would be necessary for the ATF to review the materials to determine whether there was an objection to the Motion and/or to discovery of these materials in the civil case. -snip- Are they trying to imply that merely considering something property of a government agency is enough cause to withhold what might be considered crucial evidence??? After reading all transcripts of the previous trial, I think I will attend the hearing tomorrow, if Nolo thinks it's worth attending. Nolo, are there any requirements for attending? I would assume it is open to the public. Can I bring an iPad or pen and paper for note taking? (I'll will not wear my, "Am I The only one that didn't get a gun from the ATF?" t-shirt.) Go. Wear a suit. Don't wear anything that will get you kicked from the courtroom. Take notes. Leave your phone and anything with a recording device or camera in your car. Should be open to the public. I'm waiting for your report! |
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The hearing today lasted about 30min.
Summary of what I remember: The original Protective Order will be modified to allow for the material that may have been given to Erb by ATF or agreed for release by ATF. Friesen is entitled to any information given to Erb. Any additional request for information will go though the Civil case. The Original CDs given to Friesen under the PO in the Legal case need to be returned to Mr. Vann. (might become an issue later) Comment made by the judge: Erb needs to request information directly. Judge Leonard stressed several time that he didn't want to get involved in the civil case, any additional material requested would need to go through the civil judge. Mr. Vann had two female assistants that observed and participated in providing photocopies of the CD given/ vs returned. I was the only citizen in attendance. |
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Quoted:
Quoted:
I'll have to read into this some more, I think this is my first time hearing about this Friesen case. First question I have - Who is Erb? And why is the ATF bending over backwards to help him? Thanks Nolo! Your work here reminds me a bit of Breitbart's ability to find the truth. erb made some machineguns. Why is the atf bending over backwards? That's what I want to find out, and I will. One word.............Mexico. |
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minute entry for proceedings held yesterday:
http://www.scribd.com/doc/86320546/Minute-Entry-Crim order removing some of the protective order: http://www.scribd.com/doc/86320545/Order-Re-Protective-Order |
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