[To clarify my last post (http://www.politechbot.com/p-01921.html): In the Jim Bell trial, Judge Tanner first sealed *everything* until the trial was over, and also barred anyone from publishing the jury list until the trial was over. After the verdict was in and the jury dismissed, the DOJ asked for a partial seal of exhibits and transcripts in perpetuity, and Tanner said he didn't have the authority. --Declan] ********* Date: Sat, 14 Apr 2001 16:01:27 -0400 To: declanat_private From: e cummings <berniesat_private> Subject: Re: FC: Epilogue: U.S. v. Jim Bell trial in federal court in Tacoma declan, i read your and others' accounts of jim bell's trial with a nauseating feeling of deja vu. as you know, about six years ago i was arrested on a state misdemeanor charge of possessing a device that could be used for the theft of telecommunications services. after my arrest, i was questioned by a special agent of the the u.s. secret service, who told me he didn't feel my case warranted federal attention. the next day however, when local police and USSS agents searched my home and found information in my files that made them nervous, the feds asked the local police to drop their charge so the feds could take it over. what made the feds so nervous as to cause them to repeatedly describe me as "dangerous" to local and federal judges? information. my personal files contained printouts of the names, phone numbers and addresses of secret service agents, all of which i compiled from public sources. also in my files were list of USSS radio frequencies and code names (again, all compiled from public sources.) what apparently upset them the most, however, was surveillance photos of some of their undercover agents (picking their noses) that i caused to be aired on an evening news broadcast of the local philadelphia FOX-TV affiliate in a 1994 story about hackers. as i was being driven to my federal arraignment, one of the USSS agents whose photo was taken told me they "took a lot of heat" because of the airing of those photos. months later, while i was being held without bail in a maximum-security federal prison, my federal prosecutor told my attorney (who was previously her superior at the u.s. attorneys office) that she was under "extraordinary pressure" from the u.s. secret service to get a conviction in my case--even thought there was not even an allegation of fraud or victims. to make a long story short, i spent 14 months in 5 different maximum-security prisons for a victimless, drug-free crime at the urging of the u.s. secret service, which repeated told judges they considered me "dangerous." the federal presentence investigation report stated that USSS agents interviewed some 20 people across the country about me, and under cross-examination the lead USSS agent in my case conceded that none of them said i was capable of violence. there were no firearms or explosives found in my home (although a handful of books on the subject were confiscated.) that same federal report also concluded that "there were no victims in the offense." apparently the u.s. secret service isn't the only federal law-enforcement agent that considers anyone who keeps tabs on them "dangerous." you can bet jim bell won't be a free man for several years if federal agents have any say in the matter. -ed cummings "CALEA's first casualty" ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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