Heretical Two Denied Bail Hearing
Posted by alex in Britain, free speech, heretical.com, thought crime, White martyrs at 3:23 am | Permanent Link
[received via email from lawyer Bruce Leichty]
NO REMEDY FOR JAILED BRITISH “HERETICS”
Los Angeles, California–(10/16/2008)–Two jailed writers who
were convicted in Britain of Internet hate speech on a U.S.-based
website will be forced to remain in special asylum proceedings with
no right to a bail hearing, a Los Angeles Immigration Court judge
ruled October 14, 2008.
“That is a very bad blow to their hopes of freedom in the near
future, and indeed to all asylum seekers and defenders of free
speech in the United States,” said Paul Ballard from the United
Kingdom, coordinator of a legal defense fund for the pair known as
the “Heretical Two” (based on the website www.heretical.com).
The pair, Simon Sheppard and Stephen Whittle, have since July
14 been in the custody of the U.S. Department of Homeland Security
in a Santa Ana, California contract detention facility, after
disembarking that same date from a plane at Los Angeles
International Airport, where they immediately asked for political
asylum. They fled Britain after being convicted July 11 in a Leeds
courtroom of inciting racial hatred for publishing writings such as
“Don’t Be Sheeple” and “The Holohoax,” including some published on
Sheppard’s website operated from a server in Torrance, California.
Ballard noted that British law since 1986 allows for criminal
conviction for speech if the subject speech is “likely to result”
in the “stirring up” of racial hatred. A conviction requires no
proof of violence or intent. During the trial competing expert
witnesses were called to testify as to whether Jews, an offended
group, were a “religious” or “racial” group, since British law does
not criminalize stirring up religious hatred.
The Heretical Two, who consider themselves political satirists
and nonviolent gadflies, are the first persons to be prosecuted in
Britain for Internet speech made on a Web server in another
country, says Ballard. They were charged under Britain’s Public
Order Act of 1986 and are subjected to penalties enhanced by the
British Prevention of Terrorism Act of 2000.
Since that time, Britain has arrested another man, Frederick
Toben, an Australian, for speech denying “the Holocaust,” based on
a German arrest warrant issued for Toben. Toben was taken into
custody October during a layover at Heathrow Airport.
“These two alarming cases are related in that both of them are
attempts by the British Crown to criminalize speech regardless of
where it takes place and whether it is legal in the place where it
was made,” noted Bruce Leichty, a San Diego County attorney who was
retained in September to represent the Heretical Two.
The October 14 Los Angeles Immigration Court decision in the
Sheppard and Whittle cases leaves the two in need of the remedy of
habeas corpus (literally: we have the body), a process which
federal legislators in the U.S. have made more difficult and costly
for immigrants in recent years, according to Leichty.
Leichty said the actions of the U.S. government to date have
added insult to injury. “Here are two British individuals who
published speech that was legally protected in the United States,
for which they were criminally prosecuted in Britain,” said
Leichty, “and now the case has taken an even more Kafkaesque turn
since the one country that should be protecting them from
imprisonment in Britain has instead thrown them into U.S. jail for an indefinite period of time, based only on the fact that they requested political asylum.
“Refugees are protected by international treaty; no country
should treat political refugees like these two have been treated,
particularly where they enter the host country legally.”
Leichty notes that Homeland Security admitted in its
Immigration Court brief that the two were admitted to the United
States under the U.S. Visa Waiver Program, and that until they made their request for political asylum at Los Angeles Airport DHS had no reason to suspect or detain them. Once the two told their story to airport officers, however, DHS attempted to revoke its decision admitting them to the U.S. and to declare the two “inadmissible” on the ground that they entered with the intent to stay in the U.S. as immigrants, which Leichty says is both preposterous on the facts of
the case and in any event not within the powers of airport officers.
“It is well established that an asylum claimant does not give
up his nonimmigrant status simply by telling his host country that
he needs the protection of political asylum.”
The special type of proceeding that the two were put into,
called an “asylum-only proceeding” where immigration judges do not have the authority to release the alien from detention, is used in
connection with the Visa Waiver program only for asylum applicants
who are not already admitted into the country, or those who have
overstayed their authorized periods of stay–neither of which
applied to Sheppard and Whittle when they sought asylum. But
Leichty says that Immigration Judge Rose Peters turned a deaf ear
to these points and ruled that DHS officers had “discretion” to
issue the notices that put the two into the special proceedings.
Leichty said that, although the recent and more notorious
arrest of Frederick Toben in London involves a German extradition
request, he is not aware of any request by the U.K. for the
extradition of Sheppard and Whittle, and in any case the United
States typically does not extradite persons who are convicted of
crimes which are not crimes in the U.S.
“It is clear that obsessive security apparatuses in two
different countries have now run amok, by respectively making
criminals out of dissidents and by locking them up even though they
are not criminals. One does not have to share the views or style
of the Heretical Two to appreciate the threat posed by this type of
case to individual rights and liberties.”
“The laws under which Sheppard and Whittle were prosecuted
could just as easily be used to subject nonconformist American
publishers to criminal penalties in Britain.”
Sheppard has described his website as a mixture of
“blasphemies, heresies, and scientific and general interest
material” established to promote his ideas on subjects such as
politics, race and gender relations. He holds an Honors bachelor’s
of science degree in mathematics from the University of Sussex and
published two medical scientific papers prior to becoming a
publisher and web developer. Whittle is a First Class Honors B.A.
graduate in languages and linguistic science from the University of
York, and has written numerous books.
Sheppard says he and Whittle were prosecuted based on the
charge that their writings could be viewed by persons in England
and Wales, and not even on any evidence that the writings had
actually been viewed by anyone other than a police officer who
downloaded material for the purpose of bringing charges.
“Both men state that they were living peaceably and civilly in
Britain until the police disrupted their lives by raiding their
flats and seizing their papers and property,” says Leichty. The
British press has repeatedly referred to them as the “race hate
pair.”
“There are people who want to criminalize `hate speech’ in the
U.S., too,” noted Leichty. “But as officers of the court,
attorneys should remind people that even speech perceived as
hateful deserves protection. One man’s `hate’ may be another man’s
passion or critique, or even another man’s creed. The United
States should lead the way in showing disapproval of those nations
who have sought to restrict the nonviolent expression of opinion
and belief.
“The Heretical Two are no more criminal than many of our
American forebears who fled repression to settle this country–and
no doubt they may say repugnant things just like other blogging
Americans. Ignore or despise them or ridicule them if you wish,
dialogue with them if you dare, but don’t imprison them.”
In choosing Los Angeles as their destination, the pair had
hoped to visit with other dissidents at the Institute for
Historical Review, Costa Mesa, one of whom had been designated by
the defendants as an expert witness in their British case on the
historicity of various standard Holocaust accounts, said Leichty.
Ballard says the U.S. imprisonment of the two, and the legal
costs associated with their defense, caught British nationalist
activists by surprise. Asylum claimants are on their own in the
U.S. unless they can afford attorneys. “This is such an important
case with such far-reaching implications that my colleagues and I
could not simply let Simon and Stephen languish in detention
without counsel,” Ballard said.
Ballard is spearheading the Legal Defence Fund that has been
set up in the U.K., which he says is accepting contributions in all
currencies addressed as follows: Croydon Preservation Society, P.
O. Box 301, Carshalton, Surrey, SM5 4QW, United Kingdom.
“The need for American participation in legal defense costs is
critical,” he urged. “American interests are at stake here, too.”
In a letter from prison, Sheppard wrote: “Detention is
stressful and disorienting. [We] appear before the Immigration
Court shackled hand and foot….[We] have no access to the legal
material and evidence which is stored in the baggage [we] carried
on arrival….[We undertook our action to seek asylum] as a matter
of principle, as a political gesture to protest an iniquitous
British law which inhibits free speech and the democratic process.”
To win political asylum in the U.S., claimants must prove that
they have a well-founded fear of persecution in their homeland, on
one of several grounds including political opinion. While U.S.
courts have frequently stated that “prosecution” does not equate to
“persecution,” there are cases where confinement and prosecution
under repressive laws have been held to constitute persecution,
says Leichty.
Leichty is best known previously for representing Ernst
Zundel, an internationally known Holocaust revisionist and
publisher who in 2003 was arrested in Tennessee, taken away from
his U.S. citizen wife, and deported to Canada on the pretext that
he had missed an INS (Immigration and Naturalization Service)
appointment. After Leichty was hired to succeed Zundel’s first
Tennessee immigration lawyer, Zundel won the right to a hearing in
Knoxville federal court, but his initial bid to overturn his
deportation on habeas corpus grounds was rejected in an unpublished
decision of a federal court of appeals in Cincinnati, and Leichty
says he and Mrs. Zundel are now prosecuting Zundel’s remaining
claims in Knoxville.
-30-
Bruce Leichty
Law Offices of Bruce Leichty
leichty@sbcglobal.net
Clovis office:
625-A 3rd St.
Clovis, CA 93612
(559) 298-5900
(559) 322-2425 (fax)
Escondido office:
220 W. Grand Ave.
Escondido, CA 92025
(760) 839-2200
(760) 294-9071 (fax)
18 October, 2008 at 4:38 am
while the spoken & written word does serve some use as “back-ground” information & eduction, this incident clearly demonstrates that the primary ‘means’ of dis-combobulating the kike must be acts of EXTREME VIOLENCE!…..the only “lingua franca’ the jew TRULY under-stands…..OTW: wtf r they considering peace talks with the Taliban?
(they’ve already reached some sort of ‘accord’ with the Sunni Resistance in Iraq!)……any-thing other than this is, as an overall strategy, basically POINTLESS…..if the jew has nuthin’ on you, then, they will simply INVENT shite!
18 October, 2008 at 5:57 am
violent mestizos and other undesirable third world troglodytes will no doubt be able to walk free. Meanwhile, educated white men of good moral character will be held without bail by vengeful international kikes. when I heard that Jorg Haider died, I wondered how many of our outspoken and successful kin will be imprisoned or killed before we employ the same method of resistance that was used on Rosa Luxemburg and Karl Liebknecht.
18 October, 2008 at 9:20 am
Chris, right you are.
After FDR, JFK, http://www.ussliberty.org and Zundel, and 2001 in NYC, they have shown the will to constantly over play their hands.
{{ Our goverment has kept us in a perpetual state of fear-kept is in a continuous stampede of patriotic fervor-with the cry of grave national emergency.
Douglas MacArthur Un-quote}}
18 October, 2008 at 9:22 am
Douglas MacArthur was a leader and hero of our people and he knew the whole truth and did what he could, but failed and they used the Korean War to kept this Patriot of our people out of the Whore House and gave US Ike
18 October, 2008 at 12:35 pm
These bastards don’t even hide their contempt for us anymore. But in my opinion, heavy-handed tactics like this are a sign of ZOG weakness. If they have to so blatantly resort to silencing of free speech RE: the HolyHoax or any other PC initiative, they will continue to enrage those of us who pay attention. Many white folks of quality are already up in arms about the sickening double standards. If we can slowly wake up even 10% of the white populace to the reality of this pro-race-replacement government, we can present a danger to their aims. Right now the internet is our medium. But remember, if that is clamped down upon, we can consider other measures; just rememebr that Stalin and Lenin (for example) lived with exile and persecution for years before they achieved their goals. Stay positive and be prepared for anything.
18 October, 2008 at 12:38 pm
By the way, after this election, those of us in the USA might want to slowly phase out our internet activities in favor of other activities anyway. I truly believe that a comprehensive ADL hate speech law is in the offing for our country as well. Do what you have to do to evade the Leviathan.
18 October, 2008 at 1:27 pm
The noose is certainly tightening, but these men have a very strong legal case under English law, not under Talmudic law, however. They are both white men traveling freely between two white nations, in theory, anyway. If free white men are being restricted between two white countries, it will only be a matter of time before we are all restricted. An attack on them is an attack on us, they are simply closer to the firing line.
18 October, 2008 at 3:35 pm
Cyber space is very fertile ground for Talmudic hate crime sniffing crowds. It is the new wild west frontier and Jews want to be the sheriffs, there. Soon, it will be a required class in all Law schools. Sooner, if the Dean speaks Yiddish. If I post a non-politically correct message, where it may be seen as illegal in certain areas of the world, have I comitted a crime here, or there? Shouldn’t Free Speech trump local laws? If I vacation in London, may I be held for something I said here? Since the truth is antisemitic, making a truthful statement, may make me a criminal. Jews are trying to impose restrictions on Whites, worldwide. It will be instructive to see how the judges rule on this ground breaking case. Free Speech may be dealt a mortal wound, if they lose.
18 October, 2008 at 5:23 pm
The decision in this case may already have been rendered though as yet unannounced. Note the name of the presiding judge is Rose Peters, most likely yet another tribal guardian.
18 October, 2008 at 5:54 pm
They’ll lose
18 October, 2008 at 6:06 pm
Yeah, they’ll lose, but a revolution is coming soon, here, and in Britain. I can’t wait for the nigger Obama to get in, then we’ll have a civil war – and I plan to get in lots of trigger time.
18 October, 2008 at 9:49 pm
“I can’t wait for the nigger Obama to get in, then we’ll have a civil war – and I plan to get in lots of trigger time.”
Dreams…dreams, dreams, dreams…Dreams.
A hate speech law with teeth is coming, by June 2009 most likely. When WN websites go down and cyber “leaders” imprisoned all easy online racialists are gonna be SOL. Obama is to Internet WNism like Oklahoma City was to the patriotardic militia movement. Twelve months from now everybody’s gonna love that nigger – including you, if you’re still online.
19 October, 2008 at 12:32 am
that fckn black, mongrel dog, Obongo, won’t last a YEAR! ….. u’ll have white people “queuing up” to “off” that fckn reptile!….all it’ll take is three/four determined white men….one with a high-powered rifle with ‘scope…..one ‘spotter’ with 2-way radio……one/two to create a ‘diversion’, distracting the ‘Secret Service”…..then: it’s “curtains” for that fckn nigga!
19 October, 2008 at 1:42 am
George Taylor Says:
Where else can you find such lettered writer’s ? Haa.
Excellent post George.
http://reasonradionetwork.com/?p=71
19 October, 2008 at 1:47 am
The NKVD filth and the sophist collaborator’s have been all over WN forum sites projecting their hatred of White forums and just inciting/provoking.
http://reasonradionetwork.com/?p=71
19 October, 2008 at 2:20 am
The only amazing thing about this situation is that Simon and Stephen thought they could “escape” to Zionist America. Didn’t they read how ZAG agents illegally deported Ernst Zundel back to Canada which then illegally deported Mr. Zundel back to face trumped up charges in Germany, a land where the truth is no defense? Is it not patently obvious that there is no longer any escape? Is it not self evident that there is no longer any first world country where one can run and hide? That is the real power of centralized government total domination over the people. The jew’s tentacles engulf and grip this planet ever more tightly and they sink their teeth into our veins ever more deeply. What is truly sad is there is not enough support among white Americans to rise to the defense of these men, but then this is due in large part to a controlled media that suppresses any mention of these stories outside the local area. There is an infinitesimal number who know and the vast masses of the ignorant and never the twain shall meet.
19 October, 2008 at 2:28 am
I certainly agree with you that Whites are running out of places to escape to. It is equally true, that with the notable exception of Israel, which is surrounded by Arabs, there are dwindling places where Jews can hide. Google and map quest can pretty much locate anyone these days. In the immortal words of Ronnie Reagan, “you’all can run, but….”
19 October, 2008 at 2:38 am
Those two guys would have been better off if they fled to a free and civilized country like Iran, Cuba or Syria. All White countries are now under Zionist occupation.
Amazing how there are so many non-White criminals in Great Britain these days, rapists, murderers, etc. and the stupid ZOG police go after some Internet guys instead. It’s getting dangerously crazy, but most Whites are too mesmerized by the JewTube to notice what’s happening.
19 October, 2008 at 9:24 am
“Since the truth is antisemitic, making a truthful statement may make me a criminal. Jews are trying to impose restrictions on Whites, worldwide. It will be instructive to see how the judges rule on this ground breaking case.” — zzoomcopter
– – – – – – – – – – – – – – – –
And if that doesn’t work, they have other strategies they can resort to. If they can’t brand you a criminal, they will declare you insane and have you clapped away somewhere and silenced on that pretext (it’s been done before. eg Ezra Pound). Yes, they are resourceful.
And if that doesn’t work, they’ll do it the Jorg Haider way.
19 October, 2008 at 9:28 am
Arch Stanton Says:
“The only amazing thing about this situation is that Simon and Stephen thought they could “escape” to Zionist America. ”
And to Zionist-controlled Southern California, of all places! A state whose two senators are both Jewish, and most of its politicians.
19 October, 2008 at 10:31 am
“that fckn black, mongrel dog, Obongo, won’t last a YEAR!”
More dreams…dream, dream, dream…dreams.
The same was said about Clinton. Lots of shit-talking from so-called tough guys who were de-balled by the Oklahoma City blast.
Those living in the US and requiring hours of daily Internet chat will be loving the Obamination in one year’ time or getting butt-fucked in prison.
The signs are all around us now. Internet WNism, unfortunately, is unable to connect the dots. Nothing surprising, there.
19 October, 2008 at 10:48 am
PLEASE USE SOME WHITE CHRISTIAN COMMONSENSE.
The heretical two made the fatal mistake of seeking refuge in the Zionist USA, a wiser duo would have gone to Moscow. This is why, if I get grief from the jew, that is where I am heading! Snow or no snow.
19 October, 2008 at 11:41 am
Here in the jewK I see absolutely no evidence of any WN preparing for ‘trigger time’. I wish it were otherwise but most so-called men in these benighted isles are weak as piss castrati.
My advice to those WN in the States is to exercise strict self control; don’t waste your lead aim for the head. The politicos aren’t worth spitting on, it is the media bosses who have the real power, let’s concentrate our worthy attentions on them.
In the meantime let’s keep supporting the Heretical Two, if only by sending a letter. They must be feeling pretty pissed off and contact with fellow true believers will help keep their fighting spirit burning.
19 October, 2008 at 1:23 pm
The important point to note about this affair is that the Heretical two didn’t advocate anything hateful towards Jews. Their ‘Holohoax’ essay essentially ensnared them in a quasi Holocaust denial law which Britian does’t officially have unlike France and Germany. Complete free speech doesn’t exist in western Europe. If you want that then you must go east to a genuinely nationalist state such as Russia. Meanwhile the First Amendment is being challenged by various groups in the USA and I would be surprised if Obama intends to uphold it.
19 October, 2008 at 1:57 pm
Deja vu: In defence of the American Constitution.
Yesterday, I defended David Duke and his white race preservation ideology on the Jewish Journal Blog; as far I can see, it is no different from the Zionist policy of securing their racial/religious interests. I mentioned in the blog, that at the present time Dr. David Duke is not breaking any US law: But for how long? I am now Persona non grata on the Jewish Journal blog. Tragically, no more peaceful co-existence; no sour grapes, I wish them all well.
19 October, 2008 at 2:00 pm
If the First Amenment falls, we all fall together. Game over.
19 October, 2008 at 2:10 pm
Jews concider themselves above the law, especially Goyish law. Laws are for suckers and country bumpkins. Kevin McDonald clearly states how Jews play by 2 sets of rules, one set for us, one set for them, in his books. Our mortal character flaw, as Aryans, in this battle for survival, is our sense of “Fair Play” We expect Jews to allow us to post on their blogs, just as we allow them in, when in fact, they understand we are mortal enemies. We would be wise to see them as they see us.
19 October, 2008 at 2:16 pm
I think they fled to America because they wanted to bring British people’s attention to how totalitarian Britain had become. If they hadn’t fled, they would have been imprisoned in silence. At least now there are news articles about them in the mainstream UK press.
19 October, 2008 at 8:42 pm
The fact that there are so many people posting on this site who “know the score” means that ZOG and the Jewsmedia have not successfully brainwashed all of the Goy cattle. That is encouraging.
19 October, 2008 at 9:06 pm
More dreams…dream, dream, dream…dreams.
The same was said about Clinton. Lots of shit-talking from so-called tough guys who were de-balled by the Oklahoma City blast
really?
i read t’other day that, @ the last McPalin “rally”, there were voiciferous shouts of KILL him!…..meaning, of course, the nigg’ in question……now THAT ain’t “internet chat”!
(BTW: most militia members to-day are aware that the OKC “blast” was a MOSSAD/CIA psy-op!)
19 October, 2008 at 11:47 pm
I still think the OKC bombing was payback for Waco and Ruby Ridge. If you’ll notice, ZOG has not launched any more massacres against White citizens since the OKC revenge attack.
21 October, 2008 at 6:19 am
“i read t’other day that, @ the last McPalin “rally”, there were voiciferous shouts of KILL him!…..meaning, of course, the nigg’ in question……now THAT ain’t “internet chat”!”
Threats made by overweight, pensioned Internet chatters at a Palin political rally can’t be taken seriously.
“most militia members to-day are aware that the OKC “blast” was a MOSSAD/CIA psy-op!”
The opinions of diehard geezers in cammies don’t matter. The point is the “militia movement” is dead because of OKC.
11 November, 2008 at 5:24 pm
I can see a lot of Jews posting on this thread. They say negative things such as “They won’t win”, “1st Amendment is gone”, “Militia movement is gone”, etc, etc.
The fact is Whittle and Sheppard with Leichty’s defense will be granted asylum. Their case is solid and the Jews and DHS can’t to anything about it.
Jew negative antis will be destroyed with words here.
15 November, 2008 at 12:17 pm
White student.
I pray you are correct in your optimistic analysis. The economic downturn is terrifying the jew; as for the heretical two, and the jewish media response, their silence is deafening. Think, like the jew. Think of convergence, coincidence conspiracy theory. The goyim is increasingly blaming the jew for the world financial collapse; as far as legitimate anti-semitism is concerned, the heretical two could not have timed their asylum application better. Ask the jew?
5 February, 2009 at 5:23 am
Why are all you guys using such nasty racist words?
I have no idea what jewish people have to do with this. That said hate speech is bullshit and the US should start refusing to arrest or honor any process for any country that seeks to jail someone for an offense of expressing their opinions, desires, or uttering persusive pleas. Freedom is kinda inconsistant with only embracing popular speech. Popular speech needs no protection, so freedom is really worthless when it only protects what the government and people desire. Freedom is that which allows you autonomy to do what you wish without infringing on anyone else’s rights. No one has a right to have someone else not talk their mind about topics that interest them. At most suits for invasion of privacy, but this has nothing to do with those talking about groups rather than one private person.