Getting a Judge, Part 5:  The Paddy Wagon Awaits

by Mary W Maxwell, PhD, LLB

Boston, you raised me up. You gave me everything. And now I am paying back.

I don’t embarrass easily. This is a very lucky feature, since I’m about to say that I have ‘solved’ the Marathon case. I think many others may have solved it, too, but they are shy to make such grandiose claim. I’m not shy.

I say the Boston bombings of April 15, 2013 were done by the FBI. Or maybe Homeland Security. Conceivably the Mossad. At a stretch, a private security firm.

“ABJ” – anybody but Jahar.

Do I say this because I think the 22-year-old Tsarnaev guy is a doll? No. I have no data on his dollishness. I simply know that the Boston bombing is textbook FBI.

You saw yourself how they jumped right into the case, telling one lie after another – all without a blush or a stammer. For Pete’s sake, that’s their job.

They “own” the Marathon bombing. So does the Boston Globe. The editor of the Globe, Kevin Cullen, brings tears to my eyes. Maybe we’ll discuss that later.

Which Crime Should We Charge George With?

I’ll state the charges against George O’Toole, who was the US District Court judge in the Marathon case, and Carmen Ortiz, a US Attorney, the lead prosecutor.

The terrible crime of obstruction of justice, a felony, was committed by O’Toole when he failed to react to the notice, on Maret Tsarnaeva’s stupefying affidavit, that someone had set up the case “at the highest level.”

As O’Toole was reading that, was he supposed to just sigh and say “This is the new America, guys, you know how things are these days, it’s all political.”  Huh? Is that what we are expected to put up with? Hell, no! Judge O’Toole had a duty, at all costs, to publicize this.

If the ‘baddies’ shut down His Honor’s email, he could still speak from the balustrade of Chestnut Hill Mall, to call attention to this vital issue. Look, he could go streaking down Tremont Street. You do what you have to do in a national emergency — as this surely is.

What Did Carmen Do?

Let’s deal quickly with Carmen Ortiz so we can get to the heart of the matter of how citizens can procure an arrest.

Ortiz’s crime is the fact that she presented a marvelously fraudulent case. Cheryl Dean has bothered to list the particulars, or at least a whacking lot of them at GumshowNews.com in Australia.

Luckily, also, Dee McLachlan spotted a clearly tampered-with piece of evidence that was presented at Jahar’s trial as Exhibit 22. Besides the curious fact that Jahar, and only Jahar, is “in focus” in this shot, there is the matter of his no-show (i. e., cropped out) white backpack.

This photo of Jahar, if it hadn’t been cropped, would have been exculpatory.  Lookie, lookie, the persons presenting this evidence must have forgotten to re-draw the white circle. They let slip the fact that they had cropped it!

In short, contra the Brady rule, the prosecution withheld evidence that it knew would support the innocence of the accused.

Brady rule? Is that a law? No it isn’t. It’s a precedent (and boy, is this Jahar case gonna be some precedent). The relevant law has to do with “obstruction of justice.” The punishment is a decade in jail or a fine, or both. Let me paraphrase the federal codification at 18 USC 1503:

“Madame Prosecutor, go ahead, crop the photo so that the accused goes to jail, and I’ll put your derriere on ice for ten years and fine you the value of your house. Howdja like that!”  [Not exactly the wording of section 1503, but close, close.]

How Does One Arrest Someone?

We have got to deal with these two persons. It is unbearable not to. We are rapidly losing the rule of law.

Disclaimer: I’m speaking as a layperson here; I’m no attorney. I learn the law by browsing. I believe the following is accurate:

Anyone can go to a police station and file a report.

Anyone can go to a county courthouse and file a report.

Any judge can write a bench warrant for an arrest; indeed the judge can do that with no input from anyone else.

These three methods involve someone (police) who gets paid to do arrests, isn’t that nice? You should not have to do it.

Another thing you could do that may lead to arrests is file a civil RICO suit, alleging racketeering by named parties!

You should also be able to approach the grand jury in your state to tell them of crime. I have just read the Massachusetts page on this and it looks bad, as though controlled by government. No, the people should control the grand jury.

(See Bill Windsor’s wonderful efforts on this, at his website:  LawlessAmerica.com. He recommends you file for an injunction if your state blocks the access of the people to their grand jury. Yay!)

Do It Via the Side Door

Then there is what I call the side-door approach, forcing someone to give testimony. Any state legislature can run a hearing on a relevant subject (how about “the Marathon bombing”?) and demand that the court subpoena the necessary witnesses.

I note that if a wrongful-death suit is filed, in regard to Tamerlan’s death (which was extremely wrongful, as we see from the Podstava video), Jahar would be called to the stand as a witness and some questions can be asked of him. “Hey, boy, how d’ya get into that boat?”

There is also the Material Witness Act that permits the arrest and indefinite detention of someone who has vital information! Go to 18 USC 3144 and see:

“If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person….” [Emphasis added]

Note: the need for there to be an “affidavit filed by a party” can’t be much of a barrier, as this Material Witness Act was used after 9-11 to round-up Arab-Americans based on nothing at all.

Another side-door – there must be scores of them – would be to write to Boston’s sister cities and ask for help. The sister cities are:

Belfast, Melbourne (!), Padua, Hangzhou, Strasbourg, Kyoto, Taipei, Barcelona, Sekondi-Takoradi (Ghana).

O wad some Pow’r the giftie gie us, To see oursels as ithers see us!

Citizen’s Arrest, Outlawry, Etc.

Every state allows citizen’s arrest.  Of course we have plenty of Irish cops in Boston that don’t need us to do their work for them, do they? Oh, excuse me if I am discriminating against Poles, African Americans, Cubans, whatever.

(By the way, my Granddad was a Boston fireman in 1906. Why? Because he had been a horse-breaker in Ireland, and Boston’s fire engines were pulled by a team of six horses. One day, all six slipped on the ice.)

Precaution: If it comes to it and you have to arrest someone, they can sue you if you use excessive force.  But if you know that a particular person definitely committed a felony, you won’t be breaking the law if you overpower and detain them.

First try to call the police, as the use of the citizen-arrest procedure is meant to occur when there is some inability to get a cop to do it.

Let us consider also the traditional hue and cry. In the old days, if the leader of the group became aware that, say, a theft had occurred, he asked everyone to make a hue and cry.  Per the FreeDictionary.com, hue and cry means:

“a. The pursuit of a felon announced with loud shouts to alert others who were then legally obliged to give chase.

b. The loud outcry formerly used in such a pursuit.”

There is also the medieval practice of outlawry. If it is known that a criminal is at large, but no police are available (maybe the community can’t afford police), the person is said to be “wearing a wolf’s head” and you may kill him. In fact, for you to feed him or harbor him would be a crime on your part!

By the way, I have some militia-type ideas. If you dial up the Youtube channel of Mary W Maxwell, you’ll see Parts 1 and 2 of my video “To Massachusetts Governor Charlie Baker,” in which I help him read the state constitution.

I remind him that he has troops and these can be used against rogue federal agencies. For anyone who sat at the Philadelphia convention in 1787 these things are not even exciting.

A Re-Trial Or an Appeal?

The state of affairs of the Tsarnaev case is: back in April, 2013, Judy Clarke submitted to Judge O’Toole a motion for a re-trial based on his having cozied up to the jurors. It should have been granted, but O’Toole turned it down – and put the request under seal! Ay, caramba!

More recently Clarke requested a retrial based on other grounds and was denied. She has therefore filed, in the Appeals Court, for an appeal on many aspects of the case — including the judge’s order that Jahar pay a million dollars in Restitution.

I think a retrial is better than an appeal.

Back to the ways of getting Jahar to open his yap and give us some info, the state of Massachusetts can challenge the meddling by feds (I mean the unconstitutionality, per US v Lopez, 1995.)

If Marian Ryan, the district attorney of Suffolk County, would challenge, she could immediately repatriate Jahar, so to speak, to the Nashua Street jail.  Don’t forget that all 50 states, including the Commonwealth of Massachusetts, are sovereign states.

(Chief Massachusetts is on the state flag. Go, Chief!)

What Is the Real Marathon Issue?

As I said in Part 4, our instincts serve us in many ways but they don’t serve us – they stymie us – in some ways. When “uppies” (high level officials, or prestigious people) do something bad we are almost blocked from perceiving it!

This has got to stop. The thing we need is solidarity. Whoever it is that’s getting hurt, we need to stick up for them.

After Jahar was picked as the goat for the Marathon crime, all his friends were harassed, intimidated, deported, or thrown in jail. What fools we were to let this happen.

We should have protected these brothers of ours. And protect our cops too!

Note: doing so gives pleasure! It is a fact that altruism releases opioids.

What should Americans do now?  Please go have a meeting with some friends; you’re bound to come up with ideas.  Humans have solved amazing problems for millennia.

How do new things get invented anyway? Necessity is their Mom.

It’s time to stop being afraid, Bostonians. We can handle the Marathon issue. PIECE O’ CAKE. We can do it.

— Mary W Maxwell is co-author, with Dee McLachlan, of “Truth in Journalism,” and author of “Fraud Upon the Court” (2015).