Lawyers, journalists, friends:
The following “text message freestyle” was sent to Jim Phillips late last night, and treats of important subjects. Consider this a form of “email samizdat”, and accept my thanks for whatever time or attention you wish to give, either to this text, or those that follow.
Text messages to Jim Phillips from 5 January 2024
Another big release this morning. From the archives, a flawless freestyle masterpiece written on house arrest with the Selectric typewriter in August 2018, BEFORE I had really “read the law”…
…but nevertheless showing that I was always “the best lawyer in North Carolina”. It is a defamation lawsuit against The Friends of Public Radio Inc., also known as “Josh Stein’s favorite radio station”.
And since you know all about defamation law, I am pleased to present it to you:
orangestreetlawschool.org/?p=311
This gives me another occasion to comment once again on the “election libel” charge against Mr. Stein in Wake County, where his psycho-liberal supporters speak of an “antiquated libel law”…
In fact, what Mr. Stein is saying is proof-positive of how despicable he is, but also how his wickedness relates to the disturbing state of American law. For my part, I am completely against relativism and believe in both absolute morality and objective truth. I also think there’s a great deal of confusion about this distinction between private and public figures in defamation law, and there is also a problem with our interpretation of the concept of “malice” or of “reckless disregard for the truth”…
So the news media reports of the charges against Mr. Stein and his defensive efforts in federal court, say that he is trying to do two things at the same time, two contradictory arguments, which make a nonsense of each other. On the one hand, he claims that his disgusting political attack ad referring to “1500 rape kits on the shelf” is “the truth”. But then he goes on to say that, even if it were false, he is protected by the First Amendment.
Well, which one is it Mr. Stein?
…This is a very serious subject, Jim Phillips. I myself was threatened with rape at Southern Correctional Institution. Fortunately I was able to deal with the situation because I was held in high regard by both the black and the white gang members in my block, Bloods and Aryan Brothers that is, “validated” as they say. These associates of mine banded together to physically expel that would-be rapist from the block. I would point out that men who are raped in the prison system do not generally want to have one of Mr. Stein’s rape kits shoved up their asshole. But this sick bio-forensic concept of criminal justice is the favorite discursive weapon of Mr. Stein, as well as prosecutors all across North Carolina. It is a very disturbing mutation of North Carolina law. As I say, it reflects a very unusual attitude towards both manhood and womanhood and human sexuality as such…
where was I?.
Yes, Josh Stein says that First Amendment exists to give infinite license and scope to the kind of degrading and deceptive political attack ads, which are the bread and butter of both the Republican Democratic parties, that is, the chosen political method of the mainstream, rich centrist candidates in both parties who almost inevitably nowadays contest the general election. The true purpose of such ads has nothing to do with trying to win elections. These ads do not win elections. Their purpose is to stupefy and degrade the people and protect the two-party duopoly. The way I see it the purpose of Mr. Stein’s campaign is not to win the election, but to drag the Democratic Party as deeply as possible into his Nazi post-constitutional ideology.
Another point to make is that Mr. Stein’s argument that the First Amendment protects falsehood and misrepresentation is a relatively recent innovation. I believe he cites a recent Supreme Court precedent about a law prohibiting the false exhibition or claiming of “military honors”. Seems to me this case goes completely against him: that is obviously not protected by the First Amendment.
Another definitive point to make is that his understanding of libel is clearly at odds with the fundamental precedent of the trial of John Peter Zenger in New York, in some ways, the most remarkable trial in all human history. One which set the stage for the American Revolution even…
You have to excuse me I’m using talk to text …
Prior to the trial of Peter Zenger, the prevailing sense of English law was that a libel is defined and measured, purely in terms of the scandal or potential tumult that it causes. Indeed, some courts had ruled that where officials of the crown were the subject of the scandalous material, that a libel was made worse if it is “true” . But Zenger had Andrew Hamilton, the original “Philadelphia lawyer”, who through infinite subtlety and grace was able to invent the idea that “truth is not libel”, only falsehood is libel.
He also grounded this right of freedom to speak and publish the truth in the need for a popular check on the authority of the colonial Governor, otherwise an unaccountable tyrant. This gets to my idea about the true nature of the freedom of speech, which says that it’s obscene for a powerful elected official like Mr. Stein to cry about his constitutional rights being infringed.
His speech has no other purpose than to pollute the public sphere and to win him the razor-thin margin which he calls “democracy”. If we think about it, what would’ve been lost if the ad had never been permitted in the first place? Did anyone gain anything? Even women rape victims?
The website for which I was “prosecuted” in Orange County was called savenorthcarolina.net and said “Down with Josh Stein!” in large letters at the top. Is that not free speech?
“Robinson wants to tell you who you can marry, when you’ll be pregnant, and who you can hate”. —Joshua Stein
That Jim Phillips is definitely definitely a violation of the criminal election libel law. This brings us back to the discussion, which I hope you saw in your Paytel messages, concerning your decade-long defamation case for Roy Cooper against Mr. Boyce. It is pertinent in the case of Mr. Stein, because it involves the same double-idea of “profession” or “vocation”, that is, a lawyer running for executive office.
But we are in very different times than we were in 2000. In fall 2000 Roy Cooper’s point about the decadence of Mr. Boyce had some basis in the identity of the North Carolina Democratic Party. A lot of things happened over the next decade that made it clear that Democratic politicians also strive for remuneration many multiples greater than that of a teacher or police officer. Meanwhile politically speaking, a pronounced gap between teachers and police officers has opened up, even as the schools are more and more turned into prison camps guarded by armed police. This reminds us that terms and concepts evolve over time requiring that we change our thinking…
In fact what Mr. Stein is really saying about the criminal election libel law is “sovereign immunity”. He has in fact you usurped the sovereignty of the people of North Carolina and vested it in himself and his chosen DA’s and in the rogue administration of UNC Chapel Hill. His office has claimed sovereign immunity for UNC Chapel Hill from Ellen Gabler’s public records lawsuit. That’s Ellen Gabler of the New York Times. So when the New York Times tries to use Chapter 132, Mr. Guskiewicz and Mr. Stein say “sovereign immunity” and “failure to state a claim”. …
I saw this lawsuit with my own eyes in the archives of the clerk in Orange County. In fact, I was able to find that lawsuit just by showing up at the clerk and messing with the computer for a few minutes. My intuitions in other words were very sound. But this was in 2019, and in fact, at the time I found Ms. Gabler’s lawsuit Assistant Attorney General Anna Davis’s “motion to dismiss” in my public records lawsuit against District Attorney Ben David was pending. That motion makes the same argument that district attorneys have sovereign immunity from public records law.
If you know the precise history of that public records lawsuit, you will understand that there was a conspiracy involving Mr. Stein and Mr. David beginning in May 2019 when Mr. David called Mr. Stein to tell him that he needed the AG to represent him in the public records lawsuit. I was arrested for “pretrial violation” at the Carolina Inn some three weeks after I filed that lawsuit, which I had written while on house arrest with the GPS ankle monitor. Once I was in custody back in New Hanover county, the judge moved for a local forensic evaluation on his own motion in a hearing which included discussions of public records law. This is a dangerous situation because the Republicans are not going to stick up for public records law if the Democrats abandon it. I hope you understand that in my view “defying public records law” isn’t just obstruction, it’s an element of treason. It’s stealing the crown jewels of knowledge from the people.
Which brings me to my next point: I sent Public Records Requests to the DA’s offices in Hillsborough and Wilmington, and to the Department of Justice for Mr. Stein. But here is the interesting thing, something the governor needs to know…
Obviously, I am not a practicing licensed attorney and so I do not know from experience what is acceptable or not in general in North Carolina. But what Assistant Attorney General Anna Davis did was to file a “motion to dismiss” with several arguments, only to abandon them all, and present a completely new argument at the hearing. She argues “insufficiency of service for a state official”, “sovereign immunity”, and “failure to state a claim”. I had arguments against each of these points, but I wasn’t in a position to make them because I was in custody on the day of the hearing. My mother called Ms. Davis and asked her if she would postpone the hearing until after my release, but she said no…
This is quite certainly unprecedented for the plaintiff in a public records lawsuit to be in custody on probation violation charges held on $500,000 bond. Seems to me that the law would say I have a right to a continuance in that situation. Judge Gorham had already conferred with Ms. Davis drafted the order which she signed. The argument which is on that motion is also a very peculiar one. It says that my claim under chapter 132 “lacked subject matter jurisdiction” because I had failed to file a “public records request” prior to filing suit. Stupidly, she described this as “putting the cart before the horse”.
Two things about this. One there is nothing in chapter 132 that says anything like that. The procedure for filing a public records request is something which North Carolinians have figured out for themselves. There is no clear rule, but strictly speaking, you can leave a public record request in a damn voicemail if you want to. Putting it in writing is of course advisable, but the statute does not require it. More over the statute definitely does not require a “request” to precede a “suit” under 132-9 if the suit itself contains the parameters of the “request”. It’s not as though they didn’t know what I was asking for. They just didn’t want to disclose the records or acknowledge that I was making such an audacious attack on Mr. David on behalf of my brothers in the criminal street gang Folk Nation 720 Gangster Disciples….
…It’s back to the old colonial government prior to the trial of Peter Zenger, or to the crooked prosecutorial district of Minneapolis prior to the ruling of the Supreme Court in “Near v. Minnesota”: they have essentially carved out an exemption from the First Amendment for the “criminal justice system”. I would point out that no Republican DA would have the temerity to make such obscene arguments.
At this point, let me say that obviously I support this woman who is the DA in Durham over the ridiculous Jeff Jackson in the Democratic primary for AG. Beware that I won’t put together some kind of alliance between her and Lorrin Freeman. Do not underestimate the potential efficacy of Dawson’s lesbian Marxist feminism within the Democratic Party. Deborah Ross for instance has had relatively little exposure to my “politics”. But when we had Thanksgiving dinner in Chapel Hill in 2016, I could tell I had her attention because she liked looking at me and liked the sound of my voice. Other women in the Democratic Party have been known to feel the same thing. And ask yourself, who is the most influential woman in the Democratic Party? Well, I suppose she’s downstairs.
That will conclude our discourse. The latest on my probation situation is that I have an appointment with Officer Zachary Godwin at 10 AM on Monday 8 January. I have been smoking marijuana and taking amphetamines and do not want to take a urine drug screen. The results of my relentless work on my legal defense show that my use of controlled substances was entirely justified and in no way violates any law or probation conditions. Of course I take drugs, I’ve been taking amphetamines since I was seven and smoking marijuana since I was 15 and it’s none of the government’s business. I don’t really have fun at all anymore and haven’t for years, I just work until exhaustion, lather, rinse, repeat. That is my argument about the urine drug screen. I’m not sure if I will tell the officer about it before hand and try to reason with him.
If I had the keys to my Volkswagen, I would be preparing to leave the state on Monday, but I lost the key and it won’t be replaced until next week. I do have my Ford F250 truck however. The issue is that my parents will flip out if I leave town at all. I ought to be able to go to court in the other counties and visit the clerk. There are many documents, which I need that I don’t have. Ideally, I’d be able to present the governor with the entire documentary record.
Meanwhile, I had an appointment with the Nazi psychiatrist Dr. Chris Myers, where strangely enough my dad had to attend which was miserable and absurd. Dr. Myers’ clinic is basically an organ of the DAs office and he has no sympathy whatsoever for my desire to make responsible use of amphetamine and marijuana or for my wish to be free of antipsychotic drugs. The truth is that the state is poisoning me. So the next injection is scheduled for 11 January on which date they also plan to draw my blood to run various labs relating to the antipsychotic drugs. The whole thing is a joke, it is worse than quackery, and in fact, it is worse than anything the Nazi third Reich had in the way of evil medicine. Say what you like about Mark Robinson, my anti-psychiatric views would have a better chance under his administration.
