Judge Shuts Up Broden

June 30, 2015

All Posts, News

Judge Shuts Up Broden

Dallas attorney Clint Broden has been loudly skeptical of the repeated and clumsy lies official Waco has been telling the public since nine men were murdered outside the Twin Peaks restaurant on May 17. Broden has been sending out daily press releases and holding news conferences on the case for two weeks. Today State District Judge Matt Johnson, at the instigation of District Attorney Abel Reyna, forbid Broden from discussing the Twin Peaks Massacre publically.

Johnson issued the order at a subpoena hearing. Broden had subpoenaed video shot by the Twin Peaks restaurant on May 17 in order to better defend his client, a Scimitar Motorcycle Club member named Matt Clendennen. Johnson told Broden he could have the video but he could only show it to Clendennen and any experts he night hire.

The gag order is not a surprise. Reyna has been threatening defense attorneys with it for at least a fortnight. When contacted by telephone, a representative of Broden’s Dallas law firm, Broden, Mickelsen, Helms & Snipes, tersely explained that the gag order also forbids anyone at the firm from discussing the gag order or the process under which the gag order may be appealed.

Protecting Whom

Nevertheless, it is a matter of public record that Broden intends to appeal the gag order and hopes to release the video. Numerous officials in Waco have already discussed the video publically and have, apparently, lied about its contents. The gag order seems intended to protect public and police officials from being confronted with their own lies. Johnson said he was forbidding discussion of the evidence because he was concerned about contaminating the jury pool. The standard reason for issuing gag, or “protective,” orders is to protect a person’s right to a fair trial. Considering the extent to which Waco officials, particularly Waco police propagandist W. Patrick Swanton, have already prejudiced most of the world against the defendants in this case, Johnson’s argument seems absurd.

There is no certainty that the gag order will eventually be overturned but it seems likely that it will be.

Gag orders oppose the people’s right to know and in numerous cases they are opposed by large and rich news gathering organizations like The Associated Press but in this case, the AP has already seen the video Broden subpoenaed this morning and publically described it. Since a case titled Nebraska Press Ass’n v. Stuart, courts have been forbidden from restraining what the press may say or to whom it may talk. But only the lawyers in Waco are being restrained. Restrictions on lawyer speech are usually justified by the claim that attorneys are officers of the court and thus are more subject to court-imposed limits to preserve the “fairness” of a trial.

A Tale Of Two Reynas

Next the Twin Peaks video will be “discovered” to every other lawyer in the case and all of those lawyers will be subject to the same gag order the judge issued this morning. When that happens, coverage of the Twin Peaks Massacre will, for all practical purposes, cease.

The constitutionality of gag orders is unresolved and subject to considerable debate. Constitutional scholar Erwin Chemerinsky has argued that defense lawyers should be no more subject to gag orders than the press is. In court this morning, Broden offered Judge Johnson a cogent and ironic argument against the gag order imposed on him.

Broden cited a March 2007 by Texas 10th Court of Appeals that said a similar gag order issued by state district Judge Reva Towslee-Corbett was overly broad and was “a clear abuse of discretion.” The author of that decision was Judge Felipe Reyna. Reyna found that Towslee-Corbett’s gag order was a prior restraint of free speech that is “presumptively unconstitutional,” without specific evidence that the gag was necessary to prevent “imminent and irreparable” harm to the outcome of the trial and without proof that the gag order was the “least restrictive means” to prevent that harm. Judge Reyna is the father of the McLennan County District Attorney who requested and got this morning’s order against Broden.

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47 Responses to “Judge Shuts Up Broden”

  1. XYZ Says:

    Brad Milch:

    Discussion such as that is wholly irresponsible, inappropriate, and destructive to the cause of seeking a just resolution for the wrongully accused in this matter.

    I’d be very concerned that anyone engaging in such discussion, even in the astract, is law enforcement trying to set someone up. You’d be wise to avoid them.

    Obviously, if you become aware of any direct threats to cause physical harm to a law enforcement of elected official, you’d be wise to report them.

    Here is a link to local FBI field offices:

  2. Brad Milch Says:

    While all may seem quiet & serene, within the global Hispanic network much is quietly being discussed about the Hispanic person calling the shots in this case that many of his ‘people’ feel are hurting their entire ‘raza’ & their chances of advancement after centuries of being tossed crumbs from the pies consumed by selfish, corrupt ‘gringos’.

    There is a good chance he is directly or distantly related to some of the very people he imprisoned, an action Hispanics do not take lightly.

    I’ve learned some colorful new Spanish words from his people describing what they think of him. ‘Gusano’ (worm) is one of the less offensive ones.

  3. Jim Fry Says:

    Now, I know why I scrapbooked so may web finds in the early days. If anyone seeks to do a wayback with my data, gimmie a shout. I was capturing from day 1.

  4. david Says:

    The entire judiciary is a sham outwardly appearing to be following procedural rules, in reality doing anything and everything to protect its further existence, while wearing a “cloak of legitimacy”. A rubber stamp for the pigs, including JOP Petersen who IS a retired pig himself. It is also protecting the murderers, and therefore an accomplice in, the murders.

    The elected judges are barely answerable to the public, and the appointed ones are answerable only to the judges who appointed them, and NO ONE else.

    Notice, Broden repping Clendennen in both a criminal and civil suit, among all the other actual and potential attorneys, is the ONLY officer of the court raising issues before the court to obtain rulings which WILL be applied in all of the hundreds of criminal suits pending, and in all of the potential civil suits. The court, with its “cloak of legitimacy”,is using one of its officers as a POINT MAN to suppress evidence, any evidence which has not already been lost, altered, or destroyed. And it needs only use one of them to accomplish the suppression.

    To the historically naive masses, judicial window dressing appears to be legitimate while being a played game.

  5. Jim crawford Says:

    I am reminded of the ATF assault on the Branch Davidian church outside of Waco. The ATF spokesman was a braying ass just like Swenton who claimed that the ATF agents were viciously ambushed with a fusillade of full auto ak-47 and .50 BMG fire. When the authoritative publication KAW ENFORCEMENT OFFICERS KILLED AND ASSAULTED 1993 was released, it was revealed that zero of the dead agents were shot with .50 caliber, only one was shot with a projectile that might be consistent with an AK-47, one was shot with a .308 and the rest were shot with .223 cal or 5.56 mm projectiles. While the bullets that killed the ATF agents were consistent with rifles posed by Koresh’s group, they were also consistent with the rifles employed by the ATF sniper team in the “undercover house” who fired three frozen rounds without hitting any of the branch davidians.

  6. Meh Says:

    Multiple experts may be hired for a nominal fee if they accept that idea, thus putting more eyes on the video. Higher fees based on testimony at trial would preserve their revenue stream but they could consult for less.

    What, if any, are the legal rules about “sharing experts”?

    What constitutes an “expert”? Rebel would clearly be an established expert on outlaw sociology based on his writings. It cannot be argued that Rebel cannot keep a legal secret as his discretion in outlaw matters is established (or he would have no sources!).

    If the video is discovered to all the lawyers and an expert pool legally retained by Broden that’s many eyes on target.

    Can the lawyers here clarify the ROE?

  7. Rebel Says:

    Dear XYZ,

    “A grand jury could indict a ham sandwich.”
    Former New York Chief Judge Sol Wachtler


  8. Johnny D Says:

    If Swanton and Waco PD are scrubbing all of their public statements from social media it means that they are afraid that Broden will use their public statements to prove that the gag order is unfair to his client. The gag order issued to prevent contaminating possible jurors? From the beginning Waco PD and prosecutors have done their best to convince everyone in the country that the bikers were murderous, insane criminals who needed to be killed lest they run rampant through the community committing horrible crimes. Their propaganda worked to a great extent. The biggest problem with fighting orders like this is that the courts move at a snail’s pace. Is it possible that Broden’s firm may be found in contempt of court for filing the appeal thereby discussing the order with a court clerk? When the shit finally settles, Texas is going to look even more stupid than it already does. Hopefully there will soon be 177 new millionaires in the biker community. Thanks for this article Rebel.

  9. popeye Says:

    I would think that with all the nepotism going on that would make a good case for a change of venue and if not grounds for an appeal later on.

  10. David Baldwin Says:

    Thank-you Rebel for your good works.
    In light of the information black out from the Wacko DA, the reasons for the gag orders is becoming clear. The reasoning of keeping potential jurors untainted and continuing investigation actually makes sense when you consider the murderers haven’t yet been arrested or charged and are still on the pay roll.
    After all, by the rule of law, the investigation comes before the arrests.

  11. Cullen328 Says:

    Gerry Spence is 86 years old and has been “semi-retired” for about six years. Do not count on him or any other famous rebel lawyer to help. They are all either very old or dead. This case needs a whip-smart, independent, up and coming lawyer.

  12. Straight Shooter Says:

    This GUY: https://en.wikipedia.org/wiki/Gerry_Spence Gets it done. Could team up and knock the bad guys down.

  13. Spectator Says:

    I’m guessing the Waco PD has some pull in the the newsroom. If that article was removed because of outside influence, it’s probably because they’re trying to avoid Swanton’s daughter being publicly identified as the rookie officer who was involved in the shootout. Wouldn’t that be something if his daughter is indicted for murder for following Mr Swineton’s direction?

    Add this to the fact that the Reyna’s are inheriting prominent positions, and you have one big incestuous pile of shit in Waco. “Family Affair” indeed. Additionally, all sorts of info is being scrubbed online. Swanton’s Facebook rants have been deleted and I’m guessing they’re attempting to polish their image in preparation for this legal shit storm.

    My hope is that this mess sets a nationwide standard for how NOT to trample people’s human rights and puts some fear into these good ol’ boys running their own little kingdoms in shitholes across America.

  14. Paladin Says:


    I apparently didn’t correctly comprehend the last paragraph in Rebel’s article. However; I still stand by my post as it pertains to Swanton’s DNA.

    Long May You Ride,


  15. XYZ Says:

    Attorneys who “don’t want to be identified”….
    Attorneys who “don’t want to upset the Waco Police”…
    So what does that tell you?


  16. XYZ Says:

    JUNE FUCKING 19TH, 2015:

    Abbott Signs Grand Jury Reform Legislation
    by Patrick Svitek June 19, 2015 1Comment

    “This bill will ensure that grand juries are qualified, representative and impartial in the pursuit of justice,” Abbott spokesman John Wittman said in a statement Friday.


    JUNE FUCKING 30TH, 2015:


    Grand jury extended 2 months to hear Twin Peaks biker cases

    Judge Matt Johnson of Waco’s 54th State District Court agreed to extend the grand jury’s term by 60 days through the end of August. The grand jury’s current term was set to expire Tuesday.

  17. XYZ Says:

    You can’t make this stuff up….

    Texas is the last state that allows grand juries to be selected through the key-man method, a system its critics call “pick a pal.”

    “Pick a Friend” Grand Jury Extended in McLennan County to Hear Biker Cases”

    “Another attorney familiar with the grand jury process who asked not to be identified said it also might have the appearance of impropriety if prosecutors ask the same grand jury to determine if Waco police officers who shot and possibly killed some of the bikers acted properly, and whether there is sufficient evidence to indict some or all of the bikers.”


  18. XYZ Says:

    Does any one know why articles like the one linked below, which boast(ed)about the familial relationships within the WACO PD, and McLennan Courts and Judiciary, are being disappeared)from the Waco Tribune website?

    Waco police force a family affair, figuratively & literally


  19. Wrangler Says:

    What a fucked up mess. This just goes to show you how FUCKED UP the legal system is in Tex-ass. The fact that these people are “somehow” related makes this hot mess even more of a disaster. Is that even fucking legal???

    Respects to those who deserve it as well as earned it.


  20. Jim Fry Says:

    Once a second attorney obtains the video via discovery, or another subpoena, I trust it will be leaked fairly quickly. I wonder if the State understands the consequences of their various actions, whereby they are encouraging whistleblowing and to a lesser extent, hacking. When there is no transparency, there will be those excavating truth.

  21. UnaffiliatedObserver Says:


    Son: Daddy, do prostitutes have babies?

    Father: Of course they do, son. Where do you think judges and lawyers come from?

    ( No offense to the handful of ethical attorneys fighting the good fight – it’s the corrupt 95% that give the whole group a bad name. )

  22. CH Says:

    @ Phuquehed…
    Hey..don’t hold back…tell us how ya feel!


  23. Mama G Says:

    Wow!! Just WOW!! Such a battle ahead. I truly hope some ball busting attorney comes riding in on a white iron horse and slays the dragon. This gets more and more unbelievable and appalling with each passing day.

  24. Rebel Says:

    Dear Viking 1%er,

    District attorney Reyna is against free speech. Judge Reyna, who is the DA’s father, is in favor of free speech. In this morning’s hearing, attorney Broden, cited Judge Reyna to District Attorney Reyna. It didn’t make any difference. The police still get to define reality for everybody else. At least I don’t have to listen to Swanton braying his bullshit anymore.


  25. Viking 1%er Says:

    From reading the comments I must be reading the last paragraph wrong. I read it that Reynas father struck DOWN the gag order in the 07 case Broden cited. Seems maybe daddy should be schooling the kid on what is constitutional and what ain’t. Course if I am reading it wrong I shoulda known better than to comment after killing the most recent 6 pack.

    Respect to those who earned it

  26. Rojas Says:

    The Judge who issued the gag order is not the DA’s father.

    In 2007 the DA’s father, while serving on the Court of Appeals of Texas, sat in the majority finding a gag order unconstitutional. The gag order was issued in Anthony Graves retrial.

  27. Road Whore Says:

    @ Phuquehed: well said, Sir…well said!

    I wonder when we’ll have to start wearing “Biker” armbands, and perhaps getting numbers tattooed on us?

    Amerika, Amerika, God has shed himself of thee.

    Ride Free

  28. Paladin Says:

    I can appreciate the fact that children born through incest will have an unfair advantage when competing in dueling banjo contests. However; the last paragraph in Rebel’s article is a text book example as to why incest is illegal.

    Officer Swanton (much like the statement affixed to tobacco products) is the Surgeon General’s warning, regarding families that may become too closely knit.

    Long May You Ride (to those that deserve to),


  29. Thunderbird Says:

    Due process is gone. Welcome to the new America my friends. The snake has raised it’s head… and it strikes hard. Mr. Broden undoubtedly knows the truth in this matter; along with the implecations, and it must be a hard pill for him to swallow. The FEDs own this and that is why nothing can be done in the court system.

    Been watching this story since the beginning. It is part of a bigger story… the radical takeover of America which includes changing our culture and removing many rights we presently enjoy. The signs of change are all around us.

    Mr Broden should be honest with his client and the public. A gag order keeps him from talking about the case but it doesn’t keep him from speaking about the reason for the gag order; which is rooted in the subversion of due process in this case; as with more to come. This case will not be the only one of it’s kind in the coming months.

    Truth is truth for what its worth; but good trumps truth, so Mr. Broden would be doing GOOD by reveling to us what is going on with the distortion of “the rule of law”.

    “The rule of law” is a two way street. When the authorities wontonly ignore the reule of law and due process, then how can they expect the public to live by “the rule of law?

    It is obvious that the wind of change is in the air. Better accept it. It is said that before a remedy can be formulated and applied to a given circumstance, the problem has to be accepted. The problem is getting due process. It isn’t happening and won’t until people show up in large numbers to complain and expose the people behind this fracture of justice.

    There are many motorcycle clubs accross the country. If they value their right to ride the highways and byways of this vast country they had better get some courage up and support their fellow bikers.

    As far as Mr. Broden is concerned he is a partner in the justice system. But when the jusetice system has become corrupted What Value does he have for his client as an agent of the court? The writing is on the wall for all of us. Better wake up and smell the corruption. It won’t go away until the people speak in numbers.


  30. Rojas Says:

    The case cited by Broden:
    IN RE: Anthony Charles GRAVES
    No. 10-07-00015-CR

    It was just a little over two short weeks ago that former Burleson County District Attorney Charles Sebesta was disbarred.

    Charles Sebesta did his damnedest to have Anthony Graves murdered by the State of Texas. It only took twenty two years after Graves’ wrongful conviction to shuck that cockroach out of the court house.

    “Anthony Graves sat on death row for more than a dozen years and told anyone who would listen that the prosecutor in his 1994 capital murder trial withheld evidence, presented false testimony and lied to the judge.

    At the time, few people believed the stunning allegations against Burleson County District Attorney Charles Sebesta.

    On Friday, State Bar of Texas officials told Graves he was right and had disbarred Sebesta for prosecutorial misconduct, an exceptionally rare punishment for an elected district attorney.

    Graves, who faced two execution dates and spent more than 18 years behind bars for a crime he did not commit, has become one of the signature exoneree cases in Texas during the last decade. He said the ruling against Sebesta was vindication and quoted Shakespeare.

    “The worm has finally turned,” he said. “And it’s pointing toward justice now. It’s a good day.””


  31. Ol'LadyRider Says:

    Waco PD has now removed all “Twin Peaks Updates” from their FB page. I remain aghast at the flaunting of Constitutional repression. I’m honestly starting to feel like I woke up in a weird parallel universe about 6 weeks ago.

  32. Rebel Says:

    Dear XYZ,

    I don’t know.


  33. XYZ Says:

    Is the Felipe Reyna who “likes” Swanton’s press release on the Lacy Lakeview Police Department (Waco suburb) website:


    The same person who “follows” the Lacy Lakeview Police Department?


  34. Rebel Says:

    Dear Phil,

    I would not presume that. I haven’t seen a written copy of the order. I would presume, from my conversation with a representative of Broden’s firm, that it woould not be a violation for me to see the gag order but it would be a violation for someone to give it to me to see.


  35. VAGO 1%er Says:

    This shit just gets deeper and deeper. What the fuck are you hiding Abel?

  36. Corrupt Says:

    ” Judge Reyna is the father of the McLennan County District Attorney who requested and got this morning’s order against Broden.”

    How ironic can you possibly get? Hopefully this gag order is quickly overturned so the truth can be set free.

  37. oldskewl Says:

    So for now, we are left to assume and debate amoungst ourselves. Shitty outcome but at least he got the video. Hopefully the gag will be lifted and we can get updated on the case.

    Matt will get paid (as long as his attorney can prove his story) along with everyone else that spent time in jail for simply being there.



  38. Phuquehed Says:

    Fuck you Abel Reyna, you disgustingly corrupt piece of shit, and fuck you too Judge Matt Johnson, you just as corrupt piece of stinking shit!

  39. Phil Says:

    Am I right in presuming that Clendennen himself will not be subject to the gag order?

  40. j.b. Says:

    “Judge Reyna is the father of the McLennan County District Attorney who requested and got this morning’s order against Broden.”

    Wow….just, wow

    The good ole boy system in full effect. Just a reminder of it’s who you know not what you know.

    Good luck to all that were involved and best wishes.

  41. old & stoned Says:

    Wow. I totally didn’t see the domino effect as the’duscovery’ takes place. No doubt they’ll rewrite gag order procedures like they did probable cause.

    Nice irony, “family tradition”.

  42. Doug W Says:

    So,the,DA goes to her father,the judge, whom grants her request.


    Conflict of interest perhaps?

    Just another kangaroo court.


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