THE TRAVAIL OF RICHARD & DOTTY FLOWERS

Many of you have driven long distances to Sandy Valley, met me across the nation at public events and called Judy and I concerning our brother and sister, Richard and Dotty Flowers of the Christian Patriot Association in Boring, Oregon. I explained in past Newsletters that they were raided and arrested by a large force of federal law enforcement agents in November of last year. They are charged by the IRS with defrauding the United States by impeding and defeating the government functions of the Internal Revenue Service in assessing and collecting taxes — among other minor offenses. The Flowers were released and government lawyers provided for their defense. Their trial is scheduled to begin on 30 April of this year.

As many of you know, CPA was an alternative banking system in existence since 1986 that allowed its members financial security while offering a check-cashing, bill-paying service and precious metals exchange. CPA was completely legal, but a curse to the IRS. Because it was an "association" the IRS had to bring an action against the entire membership to gain information on any one member. Since the membership was private and no names were listed, CPA extended the same type of confidence — on a poor man’s basis — afforded the rich by large Swiss banks and off-shore accounts. After more than four years, IRS prosecutors gained an indictment on15 November 2000, not against CPA, but against Richard, his wife and several others. It wasn’t the first time the IRS had thought to eliminate individual banking privacy.

The National Commodity & Barter Association in Denver, Colorado was similarly charged late in the nineteen-eighties. The IRS lost the case in federal court with Judge Richard Matsch presiding, but NCBA head, Mitchell Beals, went to prison for 18-months for contempt of court because he refused to divulge the individual member names. Both the Flowers and Beals are righteous God-loving people. There was no indication of money laundering or association with criminal minded people. NCBA and CPA were designed to serve honest Americans with wage-earner incomes, and people, like myself, who need help in paying bills and cashing checks. Unlike Phil and Marlene Marsh’s "Pilot Connection" and other "abatement" programs, neither the NCBA, nor CPA taught or advocated not filing tax returns, or paying taxes due the government. It simply irked the IRS that normal citizens might have an account that couldn’t be confiscated with a phone call.

I love Richard and Dotty Flowers. I don’t personally know any better Christians or any two people who love and honor Almighty God more than they do. I’m personally convinced that Dotty could literally walk on water at any given time. Richard is a U.S. Navy veteran, and while he doesn’t believe in the personage of Santa Claus, is a perfect physical model for the age-old Saint Nick. If you know me, you know Richard and his Grandson, Anthony. They have been my close personal friends for more than 10 years. Richard is a member of the "FEW" and has been there for oppressed Americans every time he was needed, e.g. Ruby Ridge, Montana Freemen, Eric Rudolph, Indianapolis Baptist Temple, et al.

Two years before the November 2000 indictment, the IRS raided CPA and confiscated more than $300,000 along with other commodities. When challenged in federal court, the IRS was found to be wrong and ordered to return the amount taken. They steadfastly ignored the court order and no action was taken against them. Still Richard and Dotty continued to serve the CPA membership. On 24 January the IRS went so far as to order the bank to cancel the CPA accounts and cease doing business with the Association. When Richard sought other banks to process member deposits and withdrawals, he was refused — the IRS had succeeded in completely stonewalling the CPA. Richard had no choice but to close down and transfer member assets to a legal authority for safe-keeping and disbursement. Richard wrote a letter to the Association dated 16 January 2002 stating that CPA was forced to close its doors. The current address is CPA RECOVERY, POB 1475, CLACKAMAS, OR 97051.

Last edition I revealed the real reason Richard and Dotty are being persecuted — it has little to do with the IRS and a lot to do with prejudice against any White Christian American who would dare exercise their First Amendment right. Besides CPA, Richard and Dotty re-printed and made available about 2,000 rare and out-of-print titles by famous authors covering government, religious, and other key interests. Their publications were offered at public gatherings, through a catalogue, and walk-in warehouse. No doubt, within the collection of works was something to provoke almost everyone. The value was in the authorship. If you want to know the truth concerning controversial issues it is best learned from respected people whose opinions and contributions have been valued throughout generations, i.e., the great reformer, Martin Luther, and inventor Henry Ford. No one to my knowledge ever challenged the books critical of the Catholic and Mormon religions for example, but factual verifiable information about "Who Brought the Slaves to America," branded Richard as an "anti-Semite."

Some time ago I was featured on a nationwide TV network program entitled Day One. After being advertised four times during the Superbowl game and prominently in TV Guide, it wasn’t aired. The producer told me that network executives said, "I isn’t bad enough!" Finally a short segment was shown after a shot of the book, The Jews and Their Lies by Luther was inserted. The shot was taken from offerings on Richards table aat a preparedness expo. In the last Newsletter, I included excerpts from an IRS interview with Swiss America (precious metals company in Scottsdale, AZ owned by Craig Smith) representative Earl Brown. The entire transcript was full of lies about Richard Flowers hating Jewish people. Earl Brown is listed as a prosecution witness who will likely perjure himself as did Gillespie and Trochmann at my trial.

Thanks to Richard and Dotty, this Newsletter continued as it did. Richard was kind enough to print and distribute the last several editions. I am looking for angels to help until my new book will hopefully provide funds to continue your letter, and I get back on radio with Freedom Call.

Please pray fervently (James 5:16) for Richard and Dotty. They hope to recover the stolen funds and commodities — with interest — once acquitted of any wrong doing.

ROBERT STEWART’S 2nd AMENDMENT OUTCOME

Most of you have followed the saga of the .50-caliber "Maadi Griffin" inventor and manufacturer, Robert Stewart from Mesa, Arizona. I personally evaluated his revolutionary rifle and recommended it to you while on the radio in May 2000. It was obvious that it was only a matter of time before the ATF shut him down. Like CPA, Robert’s rifle was completely legal, but even as the IRS considered CPA to be a thorn in their shoe, so the ATF vowed never to allow the American public an affordable .50-caliber weapon. Glenn James came from Tulsa, Oklahoma to join Judy and me at the Stewart trial in Phoenix, AZ. Here is what happened.

MSNBC fabricated an anti-gun program entitled the ".50-Caliber Militia" shown during prime-time on 14 May 2001. The producers cast Tim McVeigh, along with Robert and myself as posing a treat to national security as advocates of the .50-caliber rifle. The presentation was pure fiction from start to finish, but well timed to capitalize on public sentiment about McVeigh and taint the jury pool against Robert Stewart.

A young Assistant U.S. Attorney, Frederick A. Battista from Maryland, touted as being the "best of the best," replaced the wilting prosecutor, Joseph C. Welty. Judge Roslyn O. Silver ordered Robert to appear for trial on Tuesday, January 15th. Judy, Hartzall, Heartmender, and I departed Sandy Valley in the motorhome for Phoenix. Glenn James had arrived via pick-up truck and would meet us at the Covered Wagon RV park in Glendale. Glenn attended the morning court session and reported that Judge Silver was livid and ready to jail Robert. She had warned him with contempt against filing any more court motions. Robert was in violation with yet another Constitutional issue. Robert attempted to offer court documents that his rights to possess firearms had been restored. Silver was in no mood for more motions and snorted: "I am ready right now to send you to prison!" Despite Silver’s ire, she empaneled the jury (six men and six women — all white) and revealed her bias against Robert in saying to the jury, "It isn’t Mister Stewart’s duty to prove himself guilty, that’s up to the prosecutor." Battista called his first witness — Scott Tanabe, the ATF undercover agent who visited Robert and purchased a Maadi Griffin. Trial times were set for Wednesday and Thursday at 0830-hours. Friday was a non-court day as was Monday, 21 January (MLK-Day).

The new Arizona District Federal Court House is dedicated to Supreme Court Justice Sandra Day O’Connor. One of the many graffiti-prophets had used a spray can to "D-i-s-h-o-n-o-r" O’Connor’s last name. The square-block, six-story glass tinker-toy structure is a monument to federal ineptness. The entry security check gives way to a huge emptiness comprising half the total space from ground floor, 70-feet up to the glass ceiling superstructure. Many of the courtrooms are on the sixth level. A waist-high railing prevents spectators from falling into the cavity, but does nothing to abate handbags, toys, and spit from the 60-foot fall onto people wandering the mezzanine below. Marshals greeted me outside Silver’s #604 Courtroom. I inquired if the strange design had some practical purpose. Both men shrugged and said they weren’t aware of any. The younger marshal reminded me of Sam Elliott. He introduced himself as "Buzz" Sawyer. Buzz said the temperature outside courtrooms reached 107-degrees last summer. During trial breaks, spectators lean over the balcony watching perpetual acrobatic window washers ply their trade high above the ground floor in gross violation of OSHA.

Inside Silver’s courtroom a proliferation of 24 computer-terminals stood out. A large flat wall unit served to show evidence to gallery visitors. Each juror had a personal screen; the judge rated a crop of screen stalks flanking her bench; her staff of clerk, deputy, and recorder had their individual layer of terminals; while both adversary tables and the main presentation stand were equipped with units. The second item of interest were two U.S. flags to the judge’s right — one above the other. The lower, marked with gold trim and eagle, was closest to the judge. The second was a plain flag with no frills hung just short of the 18-foot ceiling. I figured the high flag was there as an appeasement to Robert and his patriot supporters, but Robert said it was put up without his request.

Battista called his second ATF witness as he sought to introduce over a hundred documents and pieces of hardware into evidence. Tom Tallas was young, handsome, honest and unsure. As a result three exhibits were denied. In the end Tallas confessed that he could not claim to be a weapons expert and wasn’t briefed on the raid before playing his part with Tanabe. Fred Battista betrayed a nervous speech impediment when he couldn’t pronounce "authenticity." After too many sputters, he chose an alternative, but the stigma stayed with him. Both Judy and I were surprised that neither Naomi, nor the children were in court. At the first break, I begged Robert to have them behind him in the courtroom. He said Naomi had developed an ulcer and was home praying. He had thought to spare the boys the torment of being in court. Several times Robert questioned ATF witnesses about one of the raiders placing a pistol to the head of 7-year old Joseph. The jury needed to see the boy and family supporting their dad.

Witness number three was Mandy Mullis, keeper of the "bound-book" for Inter-Ordnance in North Carolina. I noticed there was no Bible, nor reference to God in swearing-in the witnesses. She testified that Naomi Stewart ordered Sten Mark-III machine-gun kits and magazines on 31 March 2000. Battista hoped to establishe a trail of Sten-guns from the NC manufacturer to Stewart’s AZ home. He didn’t count on Robert’s cross-exam bringing out the fact that none of the Stens by the ATF approved Inter-Ordnance company had a serial number, that they had distributed 30,000 kits, and any man, woman, or child with a credit-card and shipping address could get one! Robert was doing well cross-examining these early witnesses, I hoped the stress wouldn’t become too much. Surprisingly, Judge Silver sustained many of Robert’s objections, but made things worse by leading Battista until she could overrule Robert. The real challenge would come when ATF supervisor Marvin Richardson, raid leader Lawrence Bettendorf, and technical branch chief Curtis Bartlett took the stand.

Thursday morning, before leaving for court Glenn James, Judy and I prayed for God’s intervention and offered King David’s 35th Psalm in Robert’s name. Naomi and the boys were in court. Joseph was in his Cub Scout uniform. Of the three brothers, he seemed the most disturbed about his dad being on trial. Hyrum and Samuel endured the verbal ping-pong as well as could be expected. Naomi showed the strain of the prolong threat. Jurors took some notice, but their expression indicated awe that 63-year old Robert fathered such young sons. Cracks in Robert’s psyche began to show as he attempted to question the ATF officials despite Battista’s objections and Silver’s admonishments. The dam broke when Robert attempted to ask Richardson about ATF practices. As Silver sustained Battista’s incessant objections, Robert exclaimed: "I feel I’m being denied the right to defend myself." Looking back at his sons, he choked, removed his glasses, cleared his throat and was overcome by emotion. Silver called for a 20-minute recess.

Our prayers were for Robert’s acquittal, but his time in the arena serves as a lesson to all those who would challenge the establishment. First, you invite the ire of the court by not accepting a bar-attorney; second, judges deal only in "case-law" — Constitutional issues are ignored until appeal courts have rulings on record; third, the judge and prosecutor act in consort to assure the defense is fragmented to the point where the big picture remains a puzzle to the jury. Robert had several good points of law concerning federal jurisdiction that never got before the jury. Key questions must be clearly put before each witness with answers definately established and restated before the jury, regardless of interference by the judge and prosecutor. Also, if you are going to be made the fool defending yourself, you must take the stand. The only "statement(s)" allowed, outside of questions and witness answers is in closing just before the jury deliberates a verdict. Only the Judge is allowed to issue jury instructions. Judge Lodge gave the Randy Weaver jury 65 pages; Judge Rubinow issued 45 pages in my case; Judge Silver’s instructions were covered in 26 pages. Juries are told by the judge that they MUST find in accordance with the written instructions — federal judge Lodge said: "You have taken an oath to God to find in accordance with my instructions."

Chief Curtis H.A. Bartlett went through 26 commercially manufactured pistols and rifles recovered from the Stewart’s home during the raid. An AMT .380 back-up semi-auto pistol was found in the console of a car registered to Robert Stewart; a single-shot 45-70 Sharp’s rifle had been bartered for a Maadi Griffin by a man named Ellenwood, an aircraft mechanic in Concord, California. The ATF recovered the rifle, a letter from Ellenwood offering a trade, and the container showing delivery. Other weapons included an Egyptian AK assault weapon, a sniper model M-1 Garand, M-1A rifle and an assortment of Chinese, Israeli, and Brazilian junk guns. Next came five Robert-made Sten-machine guns and several assembled Maadi Griffins. By the end of the day, Battista rested. Robert would begin his defense after a four day break on Tuesday, 22 January.

Without question, Battista was way ahead of Robert. I didn’t want to interfere, but it seemed obvious that we should offer Robert whatever help he would accept. Sunday, Glenn handwrote a draft closing statement. I mentally listed several points that seemed essential to counter the prosecutions elements of proof. That afternoon, we met Robert at the Mesa Café. He was confident and certain the case would be dismissed and not go to the jury, I was much less convinced. Robert seemed euphoric even effervescent. We reminded him that it was fine to hope for a directed verdict, but irresponsible not to prepare for the long run. Robert assured us that if there was any doubt of a clear win, he would engineer a miss-trail. He said that Bill Richardson would testify to ATF abuse. Robert outlined a grand plan that could not fail. He said that should he somehow be convicted, the judge would sentence him as a gun "collector" for which the maximum was only a short jail term with good conduct. I wasn’t convinced. Our meeting wound up with him quizzing me on infamous intelligence contacts, as if he was wired, and hoping to involve me in some lifesaving scheme for himself. I didn’t blame him for being weird, but I did reevaluate my position on helping him break the law — if it came to that.

Tuesday morning, Judy and I prayed for God’s intervention. The courtroom was full of supporters, including Naomi, but the boys were absent. Robert was still walking on water. The judge opened the fifth and final day of trial with a discussion of jury instructions which ballooned to 32 pages. Robert’s first witness was undercover agent Scott Tanabe followed by supervisory agent Bettendorf. Robert asked Bettendorf if the ATF had tapped any of the three Stewart lines. Bettendorf said they hadn’t. Robert asked if ATF agent’s dressed up like UPS delivery persons. I guessed Robert was laying a foundation for a phony delivery of Sten gun parts. I was surprised when Bettendorf admitted that they had used a UPS ruse in the past, but not on Stewart.

Throughout, Battista was a total spring-butt objecting to every question. Between Battista and Silver, they hedged out any meaningful testimony from the jury. Robert was prevented from getting his court order restoring his rights, and the undercover audio tape into evidence. Further, Silver denied all of Roberts motions to dismiss the charges. She also disallowed any questions requiring a "legal answer" which derailed Robert’s Constitutional defense. He was also barred from offering evidence of entrapment. The only thing clear to the jury was that the ATF never offered to contact Robert about their concerns, and that Silver and Battista were tag-teaming Robert and punishing him for daring to defend himself. It was clear to me that Robert’s quiver was empty. We were all shocked when Robert announced that the defense was through! Where was Bill Richardson? Why hadn’t Stewart taken the stand and related his story to the jury? Barring direct intervention by God, Robert was toast. The Judge read every word of her 32 pages then mercifully gave us all a 20-minute break. Robert said something that sounded more like martyrdom than a victor’s cry: "Even if we lose and I go to prison, I have gone farther than anyone else to advance the patriot movement on court gun defense."

Battista started part-one of his closing argument at 2:23 P.M., nailing the Winchester and Blackhawk revolver found in the Stewart bed room; the back-up automatic pistol in the car console; Ellenwood’s 45-70 Sharps; and the fact that Robert had admitted to agent Douglas Gray that he had a "vintage" M-1 Garand Springfield Rifle in the garage. Battista needed all 12 jurors to agree on the presence of just one firearm to convict Robert of count #1. He tied the five machine-guns to shipments and receipts from Inter-ordnance to Naomi at the Stewart’s Mesa address; and the Maadi Griffin modified lowers on the Sten-kits; and the testimony of the Sten company book-keeper, Mandy Mullis. To convict Robert of counts #2-6, he had to prove knowledge and presence of the guns under Robert’s control. Each of the counts carried 10-years and a $250,000 fine. It was a thorough 45-minute review of all the evidence. Despite Battista’s slick presentation and charm, a few on the jury either looked skeptically, or locked him out with crossed arms and legs. Robert’s defense left a lot be be desired, but the jury had seen enough to know when a person is being railroaded.

Robert’s closer was a carbon of his cross-examinations. Battista was up and down objecting, while Silver looked like a bobbing dash-board bird. From appearances, after 18 months, Robert had neither prepared, nor rehearsed a word of his final statement to the jury. His first sentence was disjointed, made worse by spring-butt Battista and bobbing judge Silver. Robert offered a paper-chain to illustrate the government’s faulty links of evidence. The presentation was poorly planned and executed. Robert spoke for less than 15 minutes saying how much his three sons depended upon him and how many years he might have to serve in prison. He ended with a "testimony" in the Name of Jesus Christ that he had not violated any federal laws — Amen.

Battista summed up his closing with 10 minutes of how tough it is to apply the law to a family man like Robert, but that he had brought it all upon himself. Battista informed the jurors that all the weapons would be available for their inspection and urged them to pick them up, look and examine them closely. I noticed a young woman on the panel could hardly contain her enthusiasm at the invitation to get her hands on the Street Sweeper, Stens, and the big Maadi Griffin. Grinning, she touched the arm of a intelligent looking man, Thomas Anderson, beside her and whispered something, as if prearranging his help in wielding the firearms. Battista reminded the jury that they had taken an oath to find in accordance with the judges instructions.

Silver directed that her deputy select one of the 13 jurors as the an alternate to be dismissed. She chose the only Mexican-American on the panel. The final jury would consist of six men and six women — all white. The jury retired and selected Anderson as their foreperson. They would begin final deliberation Wednesday morning at 8:30. I felt a terrible dread.

Wednesday morning we went through the metal detectors at 8:45 and up the elevator to the sixth level. Ross Bruner, a Korean War aviator, was the only one visible. Ross had faithfully been at every hearing. He had arrived at 0800-hours and found the courtroom locked. We hung over the guard-rails watching the window washers perform their skylight circus of pendulum aerobatics with far more enthusiasm than before. Buzz stopped to chat. He was a fountain-head of information. We had wondered how the washers rigged their ropes to the ceiling; he explained that the large one-inch thick, 500-pound glass roof panels were simply laid in the roof’s frame work. The cleaning team lifted the panels to gain access, tie-off their safety ropes and descend to the appropriate level. The contract paid $500,000 for two applications each year. The team had two months each visit to scrub the windows. We were joined by Pastor Mert Pekrul from the Mesa Bible Church. Mert had been kind enough to allow the use of his church facilities for some of my Phoenix Spike Training. Buzz moonlighted as a flight instructor. One of his students was a cook in the courthouse cafeteria. He wanted to buy us breakfast.

As we engaged in light conversation, Buzz had to leave. He was on his way to man the surveillance room where security videos covered each of the courtrooms and other critical areas of the building. On the back corner of each courtroom a small smokey dome was mounted high on the side wall. The tinted fish-bowl concealed a fish-eye camera pointed toward the front. Additionally, two cameras were mounted as part of the speakers in the front wall corners to watch the room from that angle.

We got the word that the jury had requested to view some of the evidence. They filed into courtroom as Bettendorf retrieved the Sharps 45-70 rifle and passed it in front of the jury. Some of them looked closely at the name and engraved serial number. Next for inspection was the small automatic found in the Stewart automobile console. Satisfied, the jury filed back into their private room for further deliberation. They only needed to unanimously agree that Robert knew of and had access to one of the 26 weapons offered by the ATF as found on the Stewart property.

At 11:30, we were informed that the Jury had reached a verdict. Within 15-minutes all parties were present in the courtroom. Two husky marshals wearing dark blazers over bulletproof vests occupied the first row behind Robert. Their heads were shaved as a precaution against hair pulling if there was a struggle. A total of 10 other marshals and ATF agents took positions guarding the entryway and spectator area. Judge Roslyn Silver asked Thomas Anderson if they had reached a verdict. He said they had and handed a folded paper to the judge’s deputy. After looking at the jury form, Silver handed it back to the deputy with instructions to publish the verdict. The deputy began the findings: "Count # 1: Guilty of criminal possession of a firearm; Count #2: Guilty of illegally possessing a machine-gun; Count #3, 4, 5, and 6 — the same. Stewart sat silent as Naomi began to moan — and well she should have. Each of the counts came with a maximum 10-year sentence and/or $250,000 fine. Federal "guidelines" provided a sentence calculated on a number of issues including whether or not the defendant was a repeat offender and if violence was part of the offense. The best Robert could expect was a six-year sentence with 20-percent off for good conduct.

The judge asked if Robert desired the jury to be individually polled? He said that he did. Twelve times, we heard the same, all jurors agreed that Robert was guilty of all charges. Naomi was distraught. One of the skinhead marshals snapped at her to leave the court room. Silver announced that Stewart’s sentencing would be on April 8th at 10:00. She then asked for Battista’s recommendation concerning Robert’s freedom before sentencing. He responded that Robert was a flight risk and should be incarcerated. Attorney Thomas Haney objected and pointed out that Robert had been completely reliable throughout the entire 18-month ordeal. Silver agreed with Battista and then brutally criticized Robert, liken unto Pilate who had Jesus Christ flogged before turning him over for crucifixion. She then announced that there would be a hearing on Friday, 1 February 2002, to determine if there was any reason to release Robert to prepare his family for prison separation before the April 8th sentencing. Then Silver spoke the words: "I am remanding you into the custody of the AG."

The marshals moved through the bar and placed Robert in handcuffs. Naomi began wailing: "you are just a bunch of liars!" Robert picked up her cry: "They are just a bunch of liars!" As they were pushing Robert toward a side door, we muttered "Hey! Watch it man!" Bettendorf reported that Robert had directly threatened him. As Robert went through the exit. He twisted around and shouted: "What goes around, comes around!" There was no question, he was in a distressed altered state of mind. Naomi continued her assault on prosecutor Battista: "You are no member of the church!" I assumed that he must have been a fellow Mormon and Stewarts had expected more support than they received. The back-up marshals cleared the courtroom.

Out in the hall, Haney was seeking names of people to testify for Robert on February 1st. The issues were first, that Robert was not a danger to society; and secondly, he was not a flight risk. I volunteered, and we left immediately for Sandy Valley with me praying for inspiration and working on a five-minute statement to the judge. Mert Pekral said he would pick us up at Falcon Field in Mesa and we could lodge overnight at his church. Buzz said he had a new Ford F-150 we could use. My first draft included a story about Biblical Mordecai and Esther which Haney didn’t like. He also recommended I eliminate a story how Robert solved a CIA requirement for a 37-mm tank killer. I went back to the drawing board and after walking Hartzell down the runway that night and talking to God, I knew what to write. I would make two points: first that I was a person the judge could trust; second Robert should be released into my custody. If I could convince her to go this far, it might be possible to make a case for further clemency concerning his sentence. While I wrote, Glenn James worked to get the Rocket ready for the flight to Phoenix. During the last flight to Oklahoma City the right engine started died, the left landing gear strut went flat and the door froze and couldn’t be opened from the inside upon arrival at OKC. A helpful young lineman succeeded in breaking off the exterior handle and we had to deplan through the baggage door. Glenn was doing his "miracles on demand" thing to somehow make it all work. By Wednesday night I was ready. Glenn James departed Sandy Valley at 0300-hours to meet us at the airport.

Thursday morning, Judy and I flew the Rocket to Deer Valley Airport, north of Phoenix. Friday morning we joined hands and offered our petition to Almighty God. We arrived at the courthouse early. I passed my uniform shirt through the x-ray since I would never get through the metal detector with it on. Buzz taught me that walking through quickly would get more metal through than passing through slowly, so I only had to take my boots off once during Robert’s trial. A small crowd gathered outside the courtroom, but it was still vacant and locked at 9:00. Robert’s sister had come from Salt Lake City to show Judge Silver some of Robert’s art work. Buzz came in even though it was his day off. At 9:30 the staff took its place, including Battista and his pet, Bettendorf. Judge Roslyn Silver made her entrance 15-minutes later. Robert was in chains and a jumpsuit. His hair was newly shorn. Silver called on Battista to make his case for keeping Robert locked up through the sentencing date (8 April). He called Bettendorf as a witness. Deputy dog told how Robert had threatened him after the judge left the room. Battista railed on Robert for a full 20-minutes as being a violent criminal which would menace the community if released — "He still has parts for making machine guns!" Then came our turn.

Haney started out with family members which have little influence on the judge. I was number three. I answered: "So help me, God!" in being sworn by the clerk and offered the judge a copy of my statement which read: "Your Honor, My name is Col. James "Bo" Gritz, U.S. Army Special Forces, retired. I appear before you in the interest of Robert Stewart. I’m in uniform to illustrate my experience as a person of special trust and confidence at the highest level of national leadership — someone you can rely upon to assure every order of the court. I was a commander of Special Forces, a chief of Congressional Relations in the Office of the Secretary of Defense, and chief of Special Activities on the Army General Staff. General William Westmoreland, commander of U.S. Forces in Vietnam and Army Chief of Staff honored me as "the" American Soldier in his memoirs, A Soldier Reports. My baccalaureate degree is in Enforcement and Corrections. Had I not been a soldier, I would have served as a peace officer. I interrupted my military career to return to Indochina for Americans left behind. Federal Judge Phil Pro concluded in a Classified Information Procedures Act hearing that I was asked by high-level U.S. Intelligence officials to go in search of American Prisoners of War — contrary to U.S. policy at the time. It was a breach of law, but justice was not blind.

I have appeared four times as a witness before the U.S. Congress to testify concerning important issues of law and order. Judiciary Chairman Arlen Specter asked me for the cause and cure of patriot and police paranoia — in 25 words or less. My answer was: "Everyone equal under the law — no one above the law, not even people with guns and badges, nor those in high places of government." I helped the FBI peacefully resolve the Randy Weaver Siege at Ruby Ridge, the Montana Freemen Siege, and search for Eric Rudolph — among others. I was asked by the Under Secretary of State for Security Assistance to train freedom fighters against terrorist forces belligerent to the U.S. I have gone to Asia, Africa, Central America and the Mid-East on covert missions that involved breaking the letter of U.S. law, but never the spirit. To me the law is the key to America’s greatness. A key to lock away dangerous and incorrigible criminals; a key to release people with potential for rehabilitation who have made mistakes.

I have known Robert Stewart on a close personal basis for two years. Some people you meet can mean more in a heartbeat than others you have known all your life. I feel this way about Robert. I have carefully evaluated him as someone who can make a positive contribution to society. My adult life has been spent identifying and developing people of strong character into productive assets for our country. I know noble persons who became so because they were given the benefit of doubt by judges who expressed faith more than condemnation. I am absolutely convinced that Robert Stewart is such a person. Besides a gift for original thought and ability to turn into reality what his mind sees, Robert truly loves God, America, our Constitution, and his family. I know him to be an exceptionally loving father and loyal husband — a rarity.

Robert stands convicted of felonies, yet he didn’t harm anyone, nor their property. He has respectfully cooperated with the court at every turn. For this reason Judge Lawrence Anderson released Robert on his own recognizance when prosecutors would have confined him without bail. To a degree, the federal system shares Robert Stewart’s guilt. Robert’s rights would have been restored except for a bureaucratic burp beyond his control. BATF concerns could have been worked out by meeting with Robert as opposed to raiding his home. Congressional Judiciary Committees have been critical of BATF’s entrapment style. Robert was open in all of his dealing, believing he was within the law. Justice should weigh these factors of extenuation and mitigation. Because the charges concern guns, violence comes to mind, but Robert is in fact a gentle man. Twenty-first-century America should promote responsible rehabilitation, and not be dragged down by 7th-century Draconian ways. House-arrest and supervised probation for non-aggravated crime promotes personal development and keeps the family together.

With respect, I urge you to embrace the counsel of mercy in deciding the fate of Robert Stewart. As a person of proven reliability, I promise you, on all that is sacred to me, that if you will release Robert into my custody to prepare himself and family for their future, I will guarantee and be individually responsible for his presence as you require. Robert (while somewhat hard-headed like Biblical-Mordecai) is intelligent, reasonable, in need of clemency. This trial has been a frightening and illuminating lesson for us all, but especially for Robert, Naomi, Joseph, Hyrum and three-year-old Samuel. I am confident that Robert will forevermore choose a path of endeavor in harmony with all of our laws. I pray you will see this as a better alternative than laying waste to both the man and his family over an administrative matter. May God and the spirit of wise and brave Bible-Esther guide your decision. Your Honor, please release Robert into my custody I will be my brother’s keeper! To cause them no inconvenience, I will park my motorhome in the Stewart drive."

It was a wonderful transformation to behold as she changed from a monstrous adversary into a compassionate advocate. There was no cross-examination. The judge played Battista like a yo-yo as she ordered him and Haney to explore "alternatives" with the parol supervisor to incarceration, including third-party custody and the use of an electronic bracelet. Then I couldn’t believe my ears. Judge Silver asked if either of the attorneys had figured out the guidelines for minimum and maximum sentence. Battista said he had the figures if it was ruled a crime of violence — five-to-10 years. Haney then said he had the "non-violent guideline — five-and-a-half to eight years! Bewildered, Silver asked Haney: "Are you certain?" As if not realizing he had over-trumped Battista’s low, he reassured the judge that the very minimum Robert could serve would be 5-1/2 years! Despite Haney’s fuzzy-math, it was clear that Judge Silver was looking for a way to help, not hurt Robert — Praise God! She said that by the first of the week she would publish her decision. Judy and I made a quick trip home — we could have flown without the aid of the Rocket! If Judge Silver would release Robert until April 8th, there was a good chance we could prevail in clemency below the minimum guidelines.

It was all a joke. As Judy and I made ready to relocate to Mesa, the swarthy, young-Nixon look-alike, Battista began his delay tactics to keep Robert locked-up. Ten days later there was still no word from Silver. Finally, on Monday, 11 February, Naomi called to say that Judge Silver had denied Robert’s petition for release. Silver cited his disregard for the law, failure to follow her instructions during the trial, and threatening the Marshals following the verdict. In a five-page decision, Silver said she had no faith that Robert wouldn’t go underground if released and that the "violent nature" of his second offense crime mandated continued incarceration through the sentencing period. She ended her missive by saying that it was highly unlikely that any legal efforts would succeed in reducing mandatory sentencing for second same-crime offenders. Naomi was shattered — as were we all. We were notified just prior to publishing this Newsletter that Robert’s sentencing date was set back until 6 May 2002. Robert Wilson Stewart’s address is currently #45338008QQ109, POB 6300, Florence, Arizona 85232. You may communicate with Naomi at 2821 North 34th Place, Mesa, Arizona 85213-9724; telephone 480-325-5624. The Stewarts are in for a tough period. Remember them in prayer until Robert returns home.