donated by Robert Robideau (rip)
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LONG RIDE HOME:
PELTIER/BLACK HORSE LAWSUIT STALLED
July 25, 2012
South
Texas. July 23, 2012. The secret to a human psyche, the truth of
corrupt and global powers, are as elusive as peace in a world gone
violent. As brutal as a people gone cloud cuckoo with desire to enslave
once wild. Beauty. Women. People of "color" (is white a color),
children, the "poor" and those living connected to the land: hippies,
counter culture and traditional First Nations: we are all in this dirge
on the River Styx, together.
The efforts to be released, into some semblance of justice and chances to rebirth freedom become plagued by not enough gold coins on our eyes.
The efforts to be released, into some semblance of justice and chances to rebirth freedom become plagued by not enough gold coins on our eyes.
On July 20, 2012, Judge McCarthy in Buffalo NY, ruled he could find "no public documents" in the 900+ FBI files, in the "Black Horse case": Michael Kuzma vs. Dept of Justice.
Subsequently releasing not one page. To Kuzma and his legal team.
Kuzma and the hopeful supporters of Leonard Peltier "lost" this round.
But there are more rabbits to pull out of the black hat of fate.
Kuzma's counsel, Daire Brian Irwin, explains a "more complex response
to all this" is pending. Meaning, that he will "persist in challenging
subsequent FOIA requests" if/as they are corrupted, or denied. As well
as "framing the FOIA differently". And Kuzma says "new FOIA request
(s) have already been filed" with the Federal Courts.
Requests. Regarding the alleged shooting of an FBI Agent Fitzgerald, by
"Frank Black Horse" back in the 1970's. Where that ride takes us, still
begs a map. Maybe a "wanted" poster. As Black Horse is not
'officially" known to be "dead or live" and privacy acts for the living,
prevail. Irwin suggests "Black Horse" give them a call. Why not.
Irwin says. "Let us know if he is alive. if he has nothing to hide he
can let us know he is alive. And waive the FBI privacy act".
Yes. The current "loss" in court was perhaps anticipated.
Yet. Irwin reassures the effort by insisting "we will not stop until Leonard is free".
Yet. Irwin reassures the effort by insisting "we will not stop until Leonard is free".
Current affairs warrant, as always, another peek into the complexities of this historical, brutal mess.
MORE TAR, MORE FEATHERS
Trying
again, various long time Leonard Peltier/ American Indian Movement
(AIM) supporters are rallying this summer. And Fall. The effort
includes a revived Clemency effort, the current Black Horse lawsuit and
FOIA requests filed by Peltier's FOIA (Freedom of Information Act)
lawyers, Kuzma. What initially seemed a fine and perhaps "expedited"
Court ruling, is now potentially become long and drawn out affair.
Down the river, with a couple lost paddies. That initial effort,
demanding FOIA information about potential operatives in AIM, which may
impact Peltier's status as prisoner, has been quashed. All along it
seemed there were slim chances for a significant, favorable ruling
And. Most in Indian Country were/are prepared for the Black Horse case
to simply drag on.
"Free Peltier" rally
downtown Buffalo NY Feb. 2012
(photo a. nora claypoole)
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LIke a tar and feathered crook busted in a local 1890's saloon.
The
May 2012 request for Black Horse files was at best. A wild card suit
filed, a belated effort to nail the FBI to their own cheating ways.
Kuzma had tried for a few years to simply have access to "anything of
public source" about Frank Black Horse, now a verified "operative or
informant" for the FBI during the 1970's. Black Horse had infiltrated
the American Indian Movement, and could possibly be implicated in the murder of Anna Mae Aquash, if
ANY information about him, is made visible. But the request was
compromised from the onset, as Kuzma had narrowed his request for files,
to mere "public documents", news clippings, anything sourced from
outside the FBI.
When Judge McCarthy perused the files he found nothing of "public" nature: "I have found no documents fitting the parties’ definition of “public source documents…. Thereafter, Plaintiff’s motion for a Vaughn Index.. will be withdrawn and this action will be dismissed in its entirety without further action”.
McCarthy in his response explains that a public source document is defined as : “….encompass[ing]
public court records as well as material located within FBI records
which originated with or was created by an outside, non- government or
non law enforcement entity, e.g., a newspaper or magazine article, or
other publications which can be released because they are not subject to
copyright protection”.
(source, Pacer: Report, Recommendation and Order 12-CV-00102(A)(M) filed July 20, 2012).
DOUBLE SPEAKING FBI
But
a few years back the FBI said they did have more public documents for
Kuzma in this pile of 927 pages, at hand (he did receive various
generic news clippings at one point, it seems, but not the entire
motherlode). A promise to release more news clippings and other public
documents and then a change of the weather, is what seeded this storm of
Black Horse activity. But.
Why
Kuzma focussed on mere public documents, is a quandary. And what his
remedy is for this limited request, and it's dead end. Is complex.
Apparently it begins where it began: more FOIA requests to an agency whose signature sell point is "cagey".
"Frank Black Horse" and FBI agent, circa 1972
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The
likelihood of a win that breaks open truth is like finding a pearl in a
cracker jack box. In stacks of redacted, revisionist history. So. Even
with a court win in this May 2012 lawsuit, there would still have been
subsequent briefs/hearings, to access the "real" FBI files regarding
Black Horse. Kuzma and his legal team, knew this going into the arena.
Nonetheless. A "win" in the May 2012 suit might have at least put
the FBI, on guard. Perhaps the simple fact, that the Judge took pause,
in this case, had that effect.
Still, there was a hope.
For
a release of something in those 927 pages (interestingly, and to the
objection of the plaintiff, in mid June 2012, the FBI reduced the count
from 927, to "919 pages"). Though not the crucial key to locked FBI
files. Nor busting corruption of FOIA requests over the years. A win
this past week would have at least lead Kuzma and his team down a
hallway to where the secrets, lie.
Perhaps
a Judge ruling that the FBI was corrupting FOIA requests by shuffling
files, and taking three years to be forthright with Kuzma's efforts.
Would have been a ruler on the knuckles of government protected bullies:
it didn't happen.
Now.
There is. An August 6th 2012, Federal Court deadline for "objections"
to be filed. But that is not going to happen. According to Irwin. And
Kuzma, explains: "No
objections will be filed since Magistrate Judge McCarthy found that
there were no public source documents. I have already submitted new
FOIA requests for documents pertaining to Frank Blackhorse and FBI S/A
Curtis A. Fitzgerald (who is now deceased)."
"Anna Mae and daughter"
painting by Robert Robideau (rip)
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In
an earlier interview with Kuzma, he explained that because Fitzgerald
is deceased, the FOIA requests may not be blocked by the privacy act.
Black Horse was never indicted for the shooting, and Kuzma is hoping
for clues. Somewhere
in the Templar quest. The belief is implied. That with enough
integrity and earnest, consistency and unrelinquishing certainty. These
demands for files will get so close to truth, that the FBI will
stumble. But Kuzma is playing his cards close to the vest. His
strategy, not on the table, yet. And the fact is. If a person is
working for the FBI, and kills "in the line of duty", they are not
necessarily charged with a murder (mob bosses who were double agents,
used this defense, back in the day).
This
new Black Horse/Fitzgerald request is the next notch in a long road to
accessing information which impacts not only Kuzma and his personal
campaign to find out "who was this guy Black Horse", but more broadly
impacting, perhaps, those men, Arlo Looking Cloud and John Graham. Serving
life sentences for the murder of Anna Mae Aquash. Both young AIM
"footsoldiers" at the time of her murder (1975/6), they claim their
innocence and have attorneys currently working on their behalf. Perhaps
Kuzma and Irwin's efforts will assist in revealing more key details in the role operatives played in her murder. And at least it may help Leonard Peltier, in his current, efforts for Clemency.
PELTIER SEARCH, COMMITTEE
The
Peltier case is on the minds of many this late summer, especially since
Delaney Bruce, Peltier's long time devoted, effective organizer and
executive director for his defense committee, has left her position.
For various, unforeseen and tragic reasons. Bruce is no longer with the Leonard Peltier Offense Defense Committee. In the interim, while the search for near impossible replacement ensue. Paulette D'auteill is stepping in.
She
is first wife of Robert Robideau (rip), Robideau acquitted in the
1970's FBI killing for which his cousin Peltier is doing time. D'auteill
is a warrior and organizer who goes all the way back to those "old AIM
days" and she is stepping in, to help keep the Peltier Defense
Committee viable. It is not an easy task, Bruce's shoes, "hard to
fill", but a necessary effort. Because in an election year, the United
States President often "offers clemency" to prisoners who s/he feels
warrant a release. Peltier, and his supporters are once again rallying
for Clemency. The first serious Clemency effort, in 2000 with President
Bill Clinton, came close, but ultimately failed.
To
the bystander, the lookey loo and Peltier People hoping for
Justice. Anything that Kuzma and his team accomplish with regards to
their new FOIA request, anything Looking Cloud's lawyer--Barry
Bachrach--can win in terms of injustice toward HIS client. Seem to come
together in the case of requesting remedy for Peltier's railroaded and
unjust incarceration.
Yes.
In this recent roundabout. The public access road to Black Horse and
his role in old AIM, has been stalled. But. The mystery of his complex
tether to old AIM history prevails. Information as to his whereabouts
has been under construction for years. And this post modern version of
Buffalo Bill's Wild West show is far from over. Just like the ancient
trek of dead across a river, we persist in pushing through, to truth. To
the other side of fear.
*~*~*~*~*~
Sources:
to be added this evening
a. nora claypoole
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