Punishment By Traffic Jam

June 5, 2018

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Punishment By Traffic Jam

The Mongol Nation case will never end. It has far to go. Right this minute it is going eight miles an hour.

Yesterday, a performatively cranky federal judge named David O. Carter let Assistant United States Attorney Christopher Brunwin further extend this ridiculous thought experiment into the theoretical limits of criminal liability.The case was scheduled to go to trial on June 26. Now it will be delayed until October 23. That was a big victory for prosecutors.

Nineteen days ago Brunwin filed a superseding indictment in the grotesque United States versus Mongol Nation an Unincorporated Association matter. Yesterday Carter, who doesn’t like anybody very much and who generally talks to attorneys the way bad dog owners talk to bad dogs, was the last person in his courtroom to know what Brunwin had done. He found out about the superseding indictment about 20 minutes into a previously scheduled motion hearing, as he read a history of the case aloud. The judge did a double take then he demanded to know why, “after all these years are you filing a superseding indictment.” Carter complained that a jury had already been recruited.

Stalling

Brunwin’s answer was that the new indictment included one accusation of murder, two accusations of attempted murder and one allegation of assault with a deadly weapon that have occurred since the initial indictment was returned in February 2013. Brunwin told Carter he thinks the defense will try to argue that the “Mongol Nation” is no longer as violent as it once was, when former club president Doc Cavazos was running the club, so he wanted to show that the club is still as dangerous as it was a dozen years ago.

It will be interesting to see how Brunwin connects the murder to the Mongols. On May 21, 2017 an out-bad Mongol named Joshua Herbert murdered a Hells Angels Motorcycle Club prospect named Janes Duty in Riverside, California. It will be interesting to see if Herbert testifies. Brunwin said he doesn’t intend to disclose his witness list to the defense until ten days before trial.

If Brunwin was more honest than calculating he would admit that he intends to stall the case as long as possible in order to run up the Mongols Motorcycle Club’s legal bill. Also, the timing works in the prosecution’s favor.

Happy 2019

Brunwin promised Carter that the trial will be over in six weeks. Two and a half hours before, at the indictment, Brunwin told federal magistrate Karen E. Scott that the trial would last eight weeks. The new date practically guarantees that the trial and the jury will be recessed for a week around Thanksgiving and for two more weeks between Christmas and the beginning of next year. The judge knows that and he thinks he can stop that.

The prosecution’s strategy is to prolong the trial until the jurors cease to care and simply want to be set free to get back to their lives. In the last month this strategy has worked in two motorcycle club cases – against two former officers of the Bandidos in San Antonio and the trial of three former officers of the Kingsmen in Buffalo. State prosecutors tried the same thing last year in Waco.

There is a wild card. If the jurors find “Mongol Nation” innocent, they can go home. If they think “Mongol Nation” is guilty the jury will have to stick around for the penalty phase of the trial and decide if the Mongols Motorcycle Club should be punished by having to forfeit its name and patch.

Finding a way to strip motorcycle clubs – not just the Mongols but all motorcycle clubs – of the insignia they display in public is the whole point of this constitutional fiasco.

Stealing Patches

“’In addition to pursuing the criminal charges set forth in the indictment, for the first time ever, we are seeking to forfeit the intellectual property of a gang,’ then United States Attorney Thomas P. O’Brien promised in 2008 when he announced the indictment for the mother of Mongol Nation – a case called United States versus Cavazos and Others. ‘The name “Mongols,” which is part of the gang’s “patch” that members wear on their motorcycle jackets, was trademarked by the gang. The indictment alleges that this trademark is subject to forfeiture. We have filed papers seeking a court order that will prevent gang members from using or displaying the name “Mongols.” If the court grants our request for this order, then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.’

The government was actually able to do that for almost eight months because the judge in charge of that case, the late Florence Marie Cooper, didn’t know what the police were doing. When she found out that they were breaking into cars and barging into homes to steal Mongols memorabilia she put a stop to it. Ever since, the government has been trying to create a legal loophole that would allow them to overrule Cooper and the Bill of Rights.

Wonders Of RICO

The government has gotten a second opportunity to fulfill O’Brien’s promise to steal the Mongols patch because of a bizarre twist of the law. RICO (The Racketeer Influenced and Corrupt Organizations Act) cases must be brought against two entities called the “RICO person” (like the Mongols’ president, Doc Cavazos, in the original case) and a “RICO organization,” which in the Cavazos case was a hypothetical entity called “Mongol Nation.” Mongol Nation was comprised of members and various associates of the club; some of whom were not even members. The Mongols were able to keep their name and patch because those symbols did not belong to any one person but to the “collective membership” of the club at any one time in perpetuity. Cavazos tried to give the Mongols trademarks to the government as part of his plea bargain but they were not his to give away in the first place. They belonged to the Mongol Nation.

So, what the government did next was just switch the “RICO person” and the “RICO organization..” Voila! Just like that the hypothetical Mongol Nation was indicted as a person, as a corporation is legally a person, and the Mongols Motorcycle Club became the organization that committed crimes on behalf of Mongol Nation.

Government Speak

“In registering and holding the rights to the Word and Rider (picture) Marks, defendant Mongol Nation furthered the criminal purposes of the Mongols Gang by furthering its control of the symbols, namely the Word Image and the Rider Image, that the Mongols Gang used both to identify Mongols who would participate in criminal activity on behalf of the Mongols Gang and to intimidate others by identifying Mongols who would take criminal action against them on behalf of the Mongols Gang if they took action contrary to the interests of the Mongols Gang. In so acting, defendant Mongol Nation conducted and participated in the conduct of the affairs of the Mongols Gang.”

According to the government, a mental construct, an idea, a turn of phrase, called “Mongol Nation” authorizes something called “the Mongols Gang” to display the Mongol Nation’s trademarks.
Imagine what a dozen people who are all too stupid to get out of jury duty are going to make of this.

Punishment By Traffic Jam

Brunwin seems to to be on a mission to twist the law into a pretzel. Carter, who has already tried to dismiss this case may or may not get what is going on.

Yesterday he insisted that Brunwin and Mongols attorney Joe Yanny spend today working out a list of stipulations – facts in the case that won’t be disputed at trial. Carter apparently thinks that the fewer disputed facts, the shorter the trial will be.

Carter also seems to think he can bully both sides into finally wrapping up this 13-year-old case by Christmas. He told Brunwin and Yanny, and prosecutor Steve Welk and Mongols president Dave Santillan, to return to his court in Orange County with their list of stipulations today at five p.m. Five is the height of rush hour in Los Angeles when traffic on the freeways averages between five and eight miles per hour. It will be a more than 40-mile trip for everybody involved. Yanny’s office is in Century City. Brunwin works downtown. Santillan lives on the Eastside.

That probably sums up what Carter thinks of the case. He wants it over two years ago and he thinks everybody connected to it, the Mongols and the government, deserves to be punished by being trapped in a car in Los Angeles’ daily traffic jam.

It probably won’t work. It probably won’t make the government back down. It probably won’t convince the Mongols to simply go away.

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17 Responses to “Punishment By Traffic Jam”

  1. Belfast Says:

    HERbert was very much a member in good standing when he shot unarmed men getting gas and to say otherwise is just dishonest and it makes me really wonder about your sources. He will also be testifying, the Feds had Josh with in hours and he immediately began cooperating. That’s why he was allowed to stay out and pay visits to his “brothers” they wanted to show a conspiracy and he helped them do it. Also why he is no loner going to court. His case will be settled once he finishes singing and honestly it all starts at the top. If you think there not gonna show Tiny Dave wearing an adios shirt then your foolish. Starting to actually make it too easy for these Feds. That Mongirl who ambushed the charity event in Bakersfield just gave them even more! It was all premeditated, they even texted it! Too bad for him he had bad aim and got himself shot up and killed bye a man but honestly if something doesmt come in to California like prison politics or some way of keeping the shit to a minimum all clubs are gonna be gone soon. Getting shot of your scoot just isn’t the way we’re all going to keep this thing alive and I know there is shitry acts on both sides and all clubs have a member or two who have acted cowardly and helped fame these flames but I just hope it eventually stops. We have far more to fight for then to fight. Against and it’s gonna effect us all. Take er easy.. Appreciate what you do Rebel! Last of a dying breed that’s for sure. Bobby Belfast 1%er

  2. david Says:

    Whether Carter, all previous attorney “judges’ or Mickey Mouse sit on the bench, the Fascist federal courts will do whatever they please in the cases.

    If patches are ruled stealable, the Fascist Knights of Columbus logo will still be carried by those religious Fascists AND, the Congressional Fascists ain’t going to remove the twin Fascist symbols on either side of THEIR podium.

  3. MtPockets Says:

    Aging Rebel t-shirt????
    Where do I buy one?
    Or seven. I need a new wardrobe…

  4. WHITTIER BIG JIM Says:

    8 MPH is speed in this area, Also seeing the save the patch event video made me remember Rebel was that you who I saw there wearing the brown ageing rebel T shirt??? 13

  5. freebird Says:

    A strong arguments could be made that we are not that far from internment camps.

    Let’s not forget it has happen before……

    What makes us so special

  6. MtPockets Says:

    Gordo, I agree 100%.
    In my opinion, there should be no freakin way that the govt could drag it out the way it has.
    It’s been said before- they make the rules and they feel empowered to break them.
    We the People need to take our Country back.

  7. rocco151 Says:

    Paladin+1

  8. Gordo Says:

    Right to a speedy trial

    13 years??

    6 th amendment??
    I
    Dismiss “with prejudice”

  9. Maven Says:

    Our legal system will continue to invent ways to get you. If they want you got, you’re getting got. Having unlimited funds and being in charge of the rule book makes it hard to win this game.

    Best of luck to the Mongols MC.

  10. TX_Biker Says:

    Best of luck to the Mongols Nation. If they lose this case it will impact every club and all independent riders. Once there are no patches everyone that rides will be a suspect.

  11. jay Says:

    now, wouldn’t be interesting if the nation kicks this into the trashcan it so richly deserves, then hammer the prosecuters for libel for constantly refering to them as a gang…. or would that be slander??? eh… you get the idea…

  12. Aanon Says:

    Un fucking fortunately, it’s gonna be a hot summer.

  13. freebird Says:

    The battle of prohibition can most likely be traced back to the first day of whatever started this thing we call life. The power derived from being able to prohibit someone from something they enjoy has to be the most powerful drug in this solar system for those without souls

    History shows us what happens to anything that has ever been prohibited. Maybe 200 years from now some relative of the Rebel will be writing an article about this specific time in space

  14. Paladin Says:

    According to the original indictment, “Mongol Nation was comprised of members and various associates of the club; some of whom were not even members.” So; if we follow this illogical premise, we now have associates and non members having a say in directing the day to day activities of the Mongol MC? Um….no.

    At the risk of stating the obvious, attempting to take the patch off a member’s back would be akin to liberals going door to door, attempting to confiscate firearms. Not the sort of thing one would do if one wanted to live long and prosper.

    Paladin

  15. Filburt Says:

    Mueller is in charge!

  16. BigV Says:

    You can spend a lifetime on paper, if you managed to get sentenced before Federal Parole was abolished.

    You can spend a lifetime on non-association if there are “special stipulations” to your release.

    You can apparently spend a lifetime on trial because you decide to lawfully use the system to protect your membership mark.

    How many judges has this gone through ? I remember the nice lady who could actually read- Florence Cooper- she actually decided on this once if memory serves. Wasn’t Otis Wright a judge on this case ? Now there is this curmudgeon named Carter. David Carter looks like he’s either trying to do an impression of the DI from Full Metal Jacket or else he’s not getting enough fiber.

    As long as there are motorcycles, brotherhood, and true believer fervor then there will still be MC’s and this country will still be some semblance of the United States. But I think for not much longer.

  17. Oregon Moose Says:

    Good luck to all involved with this. Sincerely hoping that somehow the Mongols prevail in this one as the precedent which it sets if it goes the government way would be a disaster to anybody wearing any patch.

    FTF/FTP

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