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Inquiry into Web remarks continues, federal judge says

"Provider One" and "Mike" -- whoever they are -- ought to know that Judge Kent Dawson said in federal court Tuesday that a grand jury investigation of them continues.

The two -- or possibly one person using two pseudonyms -- used those names when they posted comments on the Las Vegas Review-Journal Web site about the jury and a prosecutor in a federal tax evasion trial then in progress.


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  • "Ongoing" is how Dawson described the investigation into what he called the "two commentators." He made the remark during a hearing Tuesday at which he dismissed as "moot," or outdated, an attempt by the American Civil Liberties Union of Nevada to defend free speech that came in the form of political comments posted online. The organization wanted to intervene and quash two subpoenas, the second of which caused the newspaper to turn over tracking information about the two commenters.

    The judge said the matter is moot because the Robert Kahre trial is over. He disagreed with the ACLU, which argued that the subpoena issue is still "live" because Kahre and his co-defendants have not yet been sentenced and might appeal their verdicts.

    Both actions could precipitate strong political opinions. The fear of more subpoenas could chill future free speech, Margaret McLetchie, the ACLU's attorney, told the judge Tuesday.

    "Even if there were no current controversy, a court could still review the (subpoenas) because they are capable of repetition," McLetchie said after the hearing. Few subpoenas ever get reviewed by a judge for constitutionality because few recipients go public or fight the government in court.

    Dawson's dismissal suggests that prosecutors acted within reasonable bounds when they subpoenaed the Review-Journal in June. The government initially sought vast amounts of data on all people, more than 100 at that time, who had posted about the trial, but then issued a revised subpoena seeking only two identities. The newspaper fought the first subpoena, but complied with the second.

    After McLetchie made her statement in court, Dawson said he has "no problem" adding language to his order to specify that "the first subpoena was overbroad."

    The Kahre trial, which attracted national attention, began in May and ended in August with guilty verdicts on most counts for the four defendants. Their sentencings are set for November.

    Most of the comments posted on the newspaper Web site during the trial were critical of government actions or entities, including the Internal Revenue Service and the Federal Reserve.

    "Mike" posted on May 26 that if the jurors convicted Kahre, they would be "dummies" who "should be hung."

    "Provider One" wrote on June 13, "I bid 13 Quatloos that Christopher Maietta does not celebrate his next birthday." Federal prosecutor Maietta came from Washington, D.C., to help J. Gregory Damm in the trial.

    Quatloos is a term used in one episode of "Star Trek."

    A jury came back on Aug. 14, finding Kahre guilty of 57 counts, including evasion, fraud and conspiracy.

    Dawson said federal prosecutors needed to be able to identify the writers to assess whether the online remarks were "true threats" to the jury, the cited prosecutor and the trial process itself.

    The government did not disclose Tuesday whether it has identified the writers of either comment.

    The ACLU was attempting to intervene on behalf of four anonymous clients, all of whom purport to have posted comments about the Kahre trial on the newspaper site.

    McLetchie told Dawson on Tuesday he still could have provided relief by ordering federal prosecutors to stop using the information on "Mike" and "Provider One" -- and to destroy or return it to the Review-Journal.

    On Tuesday, Dawson also unsealed more government filings in the ACLU's civil case, which the government had continued to file under seal, even after Dawson's Aug. 18 order to unseal the government's earlier filings. In its newly unsealed Aug. 19 filing, the government also refers to an "ongoing investigation" into the two commenters.

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

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    MyBossWont't Let Me Give My Name wrote on October 01, 2009 12:33 AM: This is America? This country was founded by men who wrote public documents under psuedonyms. Ben Franklin, Thomas Jefferson, Alexander Hamilton. They all spoke out against their government in much more extreme terms than these persecuted people. As a federal defense attorney I am in no way surprised by these prosecutors' actions, but I still get a chill when I hear about what they can do.

    Did you know that they're sworn to uphold the Constitution? It seems that they don't take that oath very seriously. Those of you who support their actions, just remember that you may be next on the "extermination of dissent" list.


    actual real threat of hangings, go ignored within the district attorney office. wrote on September 30, 2009 11:35 AM:
    Google quickly brings you information on hangmans noose and real threats within the clark county fire department of white employee against female blacks.
    it simply proves carolyn campbell at the district attorney office covered for the white county employee's and buried the whole issue,til it blew over.


    Justthefacts wrote on September 30, 2009 09:18 AM: Jack,

    When you get a law degree, then perhaps you might be taken seriously about your "so called" rights being trampled upon. This issue is the hands of the right folks. Those with experience and training in interpreting law. Pipe down, because right now you are just spewing from a position of ignorance. You are entitled to your opinion, but at the end of the day, leave it to the pros to interpret the constitution because you have no idea what you're talking about.


    Phony Bologna wrote on September 30, 2009 07:55 AM: If this Judge and Prosecutor are so bent on prosecuting the interpretation-perception of free or threatening speech, they can start with Colin Powell addressing Congress on Iraq's poison gas and WMD's, or better yet President Bush's Axis of Evil speech. Mike Tyson's "gonna eat your kids" comment. This is some very DEEP WATER.


    Geezelouise wrote on September 30, 2009 06:59 AM: Yes this is a serious issue. There was no crime, only words. This is just another in a long line of premptive laws.

    If we don't do something, it will soon become against the law to eat ice cream.

    Wake up citizens and read the constituion.


    YOUR RIGHT! wrote on September 30, 2009 06:47 AM: This is a serious issue. August 2009, the US Supreme Court upheld a decision from the lower court in Abdullah Al-kidd v. John Ashcroft. The decision stated a person who has been wronged by the (State of Nevada) government officials/agents/employees can sue the individual as well as the government. This decision should hold accountable persons paid by our tax dollars. That is, persons like "Mike" and "Provider One" can sue for violation of their civil rights. The "perceived" threat cannot be grounds for government personnel to violate a persons civil rights. Due diligence must be conducted by the government employee. That did not occur in this case. "Mike" and "Provider One" were guilty until proven otherwise.


    Jack wrote on September 30, 2009 06:22 AM: This is typical of the abuse heaped upon us by a government more and more out of touch with the citizens. It is also our own faut for continuing to elect the same criminals to office time after time.
    Throw all the bums out, then impeach this judge and try him for violating our constitutional rights. there has been no crime committed here and this jurist has no right to let any related subpoenas or warrants stand on this case. He needs to be removed from office. Ooops, shoot I can almost here his goons at my door next...wake up people.


    Mark Turmell wrote on September 30, 2009 04:19 AM: This is a very serious issue... I can see why the government is concerned.

    You have the one guy "Mike", commenting that the jury "should be hung". I don't know what penile endowment has to do with it, but okay.

    And that other guy, "Provider One", he sounds serious in his threat to spend that Star Trek Quatloos currency. It is truly scary. Can the government really sit idle with this Star Trek threat just hanging out there? Betting on a Star Trek dead pool is totally illegal in Washington DC.

    And let's talk about the case itself... where the government essentially argued that apparently we should pay tax not on the denomination written on the instrument, but on whatever the instrument is actually worth. I'm waiting for this to be used as a precident when some guy pays tax on the value of the paper his money is printed on (which albiet is likely higher than the printed value).

    Good times!