Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sun Mon Tue Wed Thu Fri Sat

sponsored by
News


U.S. prosecutors narrow subpoena

Information on two R-J Web site posts sought

The Las Vegas U.S. attorney's office appears to have relented in its demand for the identities of all of the people who wrote comments on the Review-Journal Web site about a criminal tax trial in progress. Now it is asking for information pertaining to only two comments that might be construed as threatening to jurors or prosecutors.

The newspaper's attorneys received a revised subpoena Tuesday afternoon. The original June 2 federal grand jury subpoena sought information on about 100 online comments posted on a May 26 article. That article now has close to 200 comments posted.


Most Popular Stories
  • Man shot by police identified as local attorney
  • TRAFFIC STOP: Shooting accounts conflict
  • NORM: At time, drug use wasn't suspected
  • One motorcyclist killed, another critically injured in accident
  • NORM: Marie Osmond, manager battling
  • Nurseries fence out day laborers
  • Second person dies after being restrained by police
  • Boy struck, killed by car pulling out of driveway
  • Three children fall from vehicle; mothers arrested
  • REFUSING THEIR OWN MEDICINE: Vaccination policy spurs legal action




  • Editor Thomas Mitchell said the newspaper was prepared to seek to quash the sweeping subpoena on First Amendment grounds but plans to comply with the narrow request on the two comments.

    "I'd hate to be the guy who refused to tell the feds Timothy McVeigh was buying fertilizer," Mitchell said, referring to domestic terrorist McVeigh, who destroyed a federal building in Oklahoma City in 1995.

    Mitchell said it was to the prosecutors' credit that they realized their initial request might be overly broad and have a chilling effect on free-wheeling public debate of an important topic.

    But the American Civil Liberties Union of Nevada is not satisfied and late Tuesday filed its own motion to quash the subpoena and stop the release of any identities.

    Federal prosecutors told U.S. District Judge David Ezra this past week they had issued the first subpoena out of concern for juror safety. Ezra is presiding at the trial of Las Vegan Robert Kahre and three others, who face charges of tax evasion, fraud and criminal conspiracy. The grand jury matter is separate from the Kahre trial.

    In the two online comments that are still targeted, one called jury members "12 dummies" and said they "should be hung" if they convict Kahre.

    The other wanted to wager "quatloos" -- a form of money in "Star Trek" -- that one of the federal prosecutors would not reach his next birthday.

    The newspaper has deleted that from its Web site because it violated the paper's policy. That policy also states that the paper reserves the right to reveal information about posters in the event of legal action.

    "We want to be good citizens and do the proper thing," Mitchell said. "We will give them what we have, which frankly isn't much, since most postings are anonymous."

    "I think it's to the paper's credit that it decided to fight," said Roger Myers, a San Francisco lawyer retained by the newspaper to prepare a motion to quash. The newspaper "got the government to back way down."

    The original subpoena, Myers said, would have caused "a chilling effect on people who want to criticize government prosecutions, on the (fear) they may get dragged in" to a grand jury.

    The original subpoena bore the name of Assistant U.S. Attorney J. Gregory Damm, who is helping prosecute Kahre. The name of Assistant U.S. Attorney Eric Johnson is on the revised subpoena.

    But the ACLU of Nevada believes a chilling effect remains. Staff attorney Margaret McLetchie said the civil rights organization is seeking a court order declaring the original subpoena unconstitutional. She said it has filed on behalf of three clients, who posted anonymously on the Review-Journal Web site and who will remain anonymous during the legal action.

    "The right to speak anonymously about politics is older than the Constitution," she said, alluding to the Federalist and anti-Federalist papers, which were published under pseudonyms.

    "We don't think any of the comments we've seen are the appropriate target of government inquiry," McLetchie said, adding that ACLU staff never saw one about betting on a prosecutor's death.

    The organization does not view any of the remaining comments as posing a "true threat," which she defined as showing "a clear danger of imminent action."

    Christopher Hansen, who posted comments under his own name, is the brother of Joel Hansen, one of the defense attorneys, who is representing defendant Alex Loglia.

    Christopher Hansen, a prolific blogger, told the Review-Journal he had e-mailed to an extensive circle of friends at the start of the Kahre trial to "bury the R-J (Web site) in positive Kahre comments." He added that he never consults his lawyer brother when exercising his right to free speech, and his statements sometimes anger his sibling.

    On Friday, Christopher Hansen sent a group e-mail in which he reminded his readers, "I support only peaceful actions through the legal system in order to save the (U.S.) Constitution." He is a former member and officer of the Independent American Party.

    The criminal trial before Ezra, which began May 19, has to decide the motivation of Kahre and two of his co-defendants. The government alleges the motive was greed. The defendants claim ignorance of tax law as to the handling of gold or silver coins minted after 1985, which are allowed to circulate as money.

    Those three defendants arranged to pay the workers at Kahre's construction-related businesses in gold and silver coins based on their precious metal value, but used the coins' lower face value for tax purposes.

    Contact reporter Joan Whitely at jwhitely@reviewjournal.com or 702-383-0268.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 67 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    Mo Donnell wrote on August 30, 2009 09:24 AM: American are way too comfortable letteing everone else preserve the blessings of liberty that our forefather secured for us. We're going to loose this birthright due to sloth and ignorance. What hurts the most is tht the average American doesn't even Know What's Happen Around Them! The rest just don't care.


    Report abuse

    Paine wrote on June 27, 2009 07:22 AM: Re: comment by PECB
    Maybe it's time to start.

    Violence seems to be the only thing the ruling class understands.

    Well, regardless of what I say, eventually push WILL come to shove and some citizen will decide that being pushed around by thugs who think themselves morally superior based upon their offices, is just more than he can take, and will respond with violence. This act will snowball to include people from all parts of the USA. We've seen it happen many times before in many other countries. The people of the USA will put up with a lot of garbage because they are more civilized than peoples of other lands, but when they are finally pushed to the wall will lash out with a vengeance.

    We saw it once before with their "shot heard 'round the world" and we'll no doubt see it again.

    Viva Liberty!


    Report abuse

    PECB wrote on June 26, 2009 07:47 AM: When I was growing up in the 70's, I often heard the phrase, ". . . it's not time to shoot the bastards yet"; in reference to standing up to government abuse and the facist expansion of Federal Power in the U.S.

    Scenarios, like what is presented in the above article, and the case against the poor man using gold (as is his constitutional right!), and other cases against people doing similar, show that not only was the 70's the right time to utilize the purpose of the 2nd Amendment, but that it is likely too late now.


    Report abuse

    gunowners4obama wrote on June 22, 2009 09:25 AM: Is Vin S going to write an insulting column about Thomas Mitchell now?


    Report abuse

    Nancy_Naive wrote on June 19, 2009 05:00 AM: 1st Amendment only when convenient -- This paper should be ashamed.


    Report abuse

    imagrunt wrote on June 18, 2009 06:38 PM: "I'd hate to be the guy who refused to tell the feds Timothy McVeigh was buying fertilizer," Mitchell said, referring to domestic terrorist McVeigh, who destroyed a federal building in Oklahoma City in 1995.

    Correction:
    Timothy McVeigh was a loner/loser who held no membership in any militia. McVeigh was used by the FBI to take the fall, and he may have actually died believing that ANFO could have done that kind of damage to the building. The Murrah Building was destroyed by (poorly) controlled demolitions, and the plot involved hundreds, if not thousands of players, most of whom were financed through us.gov.

    Read General Ben K. Partin's report on the Oklahoma City Bombing. Truth is a good thing.

    The same DOJ tacticians who planned and executed the murder of innocents (including children) at OKC, are now attempting to intimidate free Americans in their exercise of speech regarding the use of Constitutional, monetary metals in trade.

    The FBI has always been a Hollywood production, and I have little doubt that editor Mitchell and the owners of this paper are fearfully placating the Treasury Department's owners, the private and insidious Federal Reserve loan-sharking cabal.

    Will the Federal Bureau of Intimidation now subpoena my IP information too? It wouldn't be the first time...

    Such is the risk of actually exercising the Bill of Rights!

    Take a lesson Mr. Mitchell, and while you are at it, read the Coinage Act of 1792.


    Report abuse

    AWCalzada wrote on June 18, 2009 08:58 AM: The EFF has a good run-down of online privacy cases. They might be a good resource for situations like this.

    http://www.eff.org/issues/anonymity


    Report abuse

    adaptune wrote on June 18, 2009 07:24 AM: Shame on you, Thomas Mitchell, for your cowardly caving to government thugs. NONE of the comments in the original article provide justification for going after the authors. Your chicken-hearted rationalizations for "cooperating" amount to nothing more than elephant dung.


    Report abuse

    Rebel wrote on June 17, 2009 11:18 PM: End the Fed! Return the power to the people!

    How long before it will be illeagal to look at someone cross eyed! Or is it already? How long before we all have a chip planted in our head?

    The chaos of our Government's infringement on our freedoms must end NOW before it is too late.


    Report abuse

    hello kitty wrote on June 17, 2009 10:19 PM: Hey havent you whinnie people learned that las vegas is a closet police state


    Read All Comments