This opinion of Judge T. S. Ellis, III is very clever sleight of hand. The charges were dropped, but this opinion is forever. This is a “clean up” document for legal precedents the Deep State believed they needed in establishing the Surveillance State.
There was NO NEED FOR THIS OPINION IN THIS CASE. Instead, the case was a vehicle to get all these subjects slipped in neatly in 68 pages of verbosity!
Thomas S. Ellis, III Aug. 09, 2006 MEMORANDUM OPINION
- Opened the door for Hillary’s exoneration by Comey for lack of willfulness in prosecutor opinion only (judge washed his hands of that on p. 67)
- Opened the door for First Amendment Free Speech rights to be curbed by the government itself… in the name of national security
- Opened the door to allow Communists to be employed by the federal government
- Opened the door to liberal interpretations of Free Speech protection in view of the emerging police state’s desire to label everything and everyone as a potential national security risk in order to take away their First Amendment rights.
So, why did Ellis write this voluminous 68-page Memorandum on Aug. 09, 2006?
US v. Steven J. Rosen, Keith Weissman (Aug. 09, 2006). MEMORANDUM OPINION Doc. No. 337, 05-cv-00225-TSE (ED Virginia 2005) (Judge Thomas S. Ellis, III). Alan Dershowitz called it “the worst case of selective prosecution I have seen in 42 years of legal practice” (Wikipedia: Jerusalem Post, January 31, 2006). See also Neil A. Lewis, David Johnston. (May 01, 2009). U.S. to Drop Spy Case Against Pro-Israel Lobbyists. The New York Times.
Clues to Judicial Mischief: Whenever judges are covering themselves, they often write dense footnotes that they add at the last minute after their underlings have completed their “final” drafting, usually to insert something they forgot or to escape liability for lack of “judicial discretion.”
Government imposed restrictions on Free Speech
Note: Ellis made 80 references to the First Amendment.
Beware of long footnotes in judicial opinions. The devil is in that detail (otherwise, they wouldn’t stuck them in).
Ellis gives quarter to Communists to be employed in the federal government.
p. 60. Tied Free Speech protections to alleged violations of national security. That is, anyone doing anything defined as being in the national interest can have their First Amendment rights restricted.
Defining all citizens as POTENTIAL combatants place the entire population under this interpretation.
Note for below: Ellis used “willful” “willfully” and “willfulness” 33 times.
This is a totally fishy docket and flurry of activity to cover for the government. The entire purpose of this lawsuit appears to have been to give T.S. Ellis III and opportunity to slip in his voluminous 68-page Memoradum Opinion that was never used in the case, but did memorialize “willfulness” and First Amendment Free Speech curbs for posterity. It also opened the door for the government to start hiring Communists.
It also appears to have been an opportunity for the shadow government media to slip in their support for censorship in the name of free speech in line with Ellis’s flaccid opinion.
It is curious that none of the media Memorandums in Support are available on the docket. So much for Free Speech.
Here are additional documents in the case, none of which are available on PACER besides the voluminous docket. AFI / AIM super sleuths found other non-judicial copies)
US v. Lawrence A. Franklin, Steven J. Rosen, Keith Weissman (Aug. 09, 2006). MEMORANDUM OPINION Doc. No. 337, 05-cv-00225-TSE (ED Virginia 2005) (Judge Thomas S. Ellis, III). Alan Dershowitz called it “the worst case of selective prosecution I have seen in 42 years of legal practice” (Wikipedia: Jerusalem Post, January 31, 2006). See also Neil A. Lewis, David Johnston. (May 01, 2009). U.S. to Drop Spy Case Against Pro-Israel Lobbyists. The New York Times.
Complaint. (May 03, 2005). Doc. No. 1, U.S. v. Franklin et al (Lawrence A. Franklin, Steven J. Rosen, Keith Weissman), 05-mj-00309-BRP, 05-cr-00225-TSE (ED VA) (Judge Thomas S. Ellis, III).
Docket.(Accessed May 08, 2018). U.S. v. Franklin et al (Lawrence A. Franklin, Steven J. Rosen, Keith Weissman), 05-mj-00309-BRP, 05-cr-00225-TSE (ED VA) (Judge Thomas S. Ellis, III).
Notice all the Deep State shadow government media agencies that weighed in on this case… (Wow, what attention!) likely to muddy the waters and give the FBI Deep State beta-humans deniability when Ellis/FBI dropped the charges later:
- Reporters Committee for Freedom of the Press
- ABC, Inc.
- American Society of Newpapers
- The Associated Press
- Dow Jones & Company, Inc.
- Newspaper Association of America, Inc.
- The Newspaper Guild, Communications Workers of America
- Radio-Television News Directors Association
- Reuters America LLC
- Society of Professional Journalists
- Time, Inc.
- The Washington Post
- Heart Corp. USA