Dear Jarhead

February 25, 2010

All Posts, Editorials

Jarhead writes about the Mongols case to say:

“If you cop a plea, it is because you know you ARE guilty and going to trial is going to be a losing situation that will add years to your sentence. If you were innocent you would take it to trial and have the truth speak for itself. Just because you wear a patch doesn’t make you exempt from the bullshit you do in life. These guys don’t deserve any pity.”

Because Jarhead may speak for a number of this page’s readers I decided to put my response to him here rather than in the comments section. I am not trying to ridicule Jarhead by singling him out. I am not trying to “ambush” him. I think he speaks for, at least, a minority of readers so I am going to say what I have to say here.

Dear Jarhead,

First of all, everybody is guilty of something. That is how modern law enforcement works. Everybody is guilty and enforcement is selective. Federal law in particular has become radically disconnected from the English Common Law for which our forefathers shed their blood.

Alan Dershowitz, a name you should know, wrote last year that “federal prosecutors are abusing their power by using the criminal law to prosecute law-abiding citizens whose conduct is arguably covered by extremely vague criminal statutes that are capable of reaching acts that are believed to be lawful by those who commit them…. Because federal criminal law carries outrageously high sentences -often with mandatory minimums- these prosecutorial threats are anything but illusory. They turn friends into enemies, family members into government witnesses and employees into stool pigeons…. We are in danger of becoming a society in which prosecutors alone become judges, juries and executioners because the threat of high sentences makes it too costly for even innocent people to resist prosecutorial pressure. That is why nearly all criminal defendants today plead guilty to “reduced” charges rather than risk a trial with draconian sentences in the event of a conviction.”

There is no more egregious example of what Dershowitz describes than the RICO prosecutions of members of motorcycle clubs. And, there is no more flagrant example of that than the federal case US versus Cavazos et al. The Mongols case.

Soviet Style Justice

The Mongols case epitomizes Soviet style justice. And for many months while I covered this case I got something about it fundamentally wrong. I think a lot of bikers of a certain age made the same mistake. I could not understand why so many defendants were pleading guilty to Count One of the indictment which is the racketeering charge. I thought it was dishonorable of them to do that. I thought they were betraying their club. And, I was wrong.

I was wrong. I can’t say it enough. I got that wrong. I apologize. Under George W. Bush, the Department of Justice got much, much worse than I realized. These guys were not up against cops. They were not up against prosecutors. They were up against humanoids.

The entire point of this whole shameful prosecution was to coerce those guilty pleas to Count One and the defendants were largely on their own. Most of the legal defense in this case has danced around the edges of legal malpractice.

Okay, I will cut the lawyers some slack. This is an unprecedented case. This was the Pearl Harbor of motorcycle club cases. A huge, huge component of it was public relations and media manipulation. It took me awhile to figure this out. Some of the defense attorneys did not figure it out until it was too late.

Malicious Prosecution

This entire case is a malicious prosecution, for cynical means, by self-righteous and hypocritical government bureaucrats. I do not think that most of the defendants really had any choice but to acquiesce to a guilty plea to Count One.

I know for a fact, for a fact, that there are defendants who pled guilty to Count One who were guilty of no crime other than belonging to a motorcycle club. That was it. That is all they did. I will swear to you that I know this is true. And they took a felony conviction and either the time they had already served or a comparatively short sentence just to get it over with. They took the deal because their choice was get it over with or face 20 years in a federal penitentiary for a RICO conviction. Twenty years.

Twenty years is a big, big jolt. Twenty means a mandatory 16. After 16 years, not only are you not the same guy but nobody even remembers who you used to be.

More Than The Mongols

You need to get your head right on this, partner. This is not about the Mongols. This is not about whether the Mongols are warm and fuzzy or whether they play well with others or about some shit that happened in 1978 or whether some Mongols were rude to me at a swap meet in 1995. This is about RICO. This is about every single club in the United States. And, on this issue the Mongols were first out of the bunker and they took the bullet for everybody. Just the Mongols number, that’s it. Fate.

Fate and let’s also not forget Doc. Doc was not exactly JR Reed, okay?

Mongols defendants are not pleading guilty because they are guilty. Mongols defendants are pleading guilty because defense attorneys have not figured out how to fight these cases yet. Mongols defendants are pleading guilty because their lawyers do not know what else to tell them to do. That’s it. That is the whole game.

I will tell you this, too. There but for the grace of God go I. Any one of these defendants could be me or you. They do not need my pity or yours or anybody else’s. But they do deserve the respect that you give them when you look at this case with your eyes open instead of with your eyes closed.

Keep the faith. Ride safe. Keep your eyes open. Shiny side up. You know the rest.

Your pal,

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38 Responses to “Dear Jarhead”

  1. Marine Rider Says:

    So copping a plea is only done by the guilty. Nice rationalization.

    Every so often I hear about guys that didn’t cop a plea. Guys that are being let out of prison because DNA evidence or some asshole finding religion finally gets them out. When the stakes are your freedom from now until your newborn gets his drivers license, trust me friend, you won’t be so cavalier with your attitude.

    Try reading about the Biurny Peguero case and tell me if that construction worker got what he deserved. One thing we agree on, you are not exempt from the bullshit you do in life. I’ll bet the morgage that guy never ever offers someone a free ride home again.

  2. JAMES Says:

    JARHEAD, just can’t help but put his ass in his face everytime he opens his mouth or makes any comments, I have been reading tis site for sometime now and I can’t remember once he had anything of substance or intelligence to add, and always had the most comments aimed at his stupidity, good try REBEL but doubtful he will understand.

  3. I.J Says:

    Rebel I know what you are saying that there are guys who belong to a club to ride and party. But Doc didn’t do his fellow members any favours by giving media interviews. Federal investigation? Hell he practically told them everything on camera! What happened to “What you see and hear in the Clubhouse stays in the Clubhouse”

  4. Jabba Says:

    Rebel – so right, so right. As usual.

    I.J > “What you see and hear in the Clubhouse stays in the Clubhouse”

    Yeah, them’s words to live by aren’t they? I’ve said the same time and again. Even been in some tight places and stuck by them.

    But I’ve never looked at doing 20 fucking years and had that decision to make. Hope to Hell I never do. I’d like to think I’d still have enough balls to do the time or see the fight through. But when I look at good people that couldn’t do the time… well, you just don’t know if you’re as good as them until you have to put up or shut up do you?

    And most of this really isn’t about ratting anybody out but yourself… “Yeah I did what you said I did. Now, can I have the 18 months already served instead of the 18 years left to go?”

    Fuck, if the only guy I’d be ratting out was ME, then show me the dotted line…

    Not sure if I feel so good about what I just said, but tell me it isn’t true and you’re either a far better man than I could hope to be, or you’re lying to yourself.

    Not sure I can sign a club marker to this one.

  5. RVN69 Says:

    You just being honest, with us and yourself. Learned a valuable lesson during my time in Southeast Asia. Courage is something you have to have each time you need it. Seen brave men cower in different circumstances. I believe what you are saying is the same as what an old grunt (probably 20 years old) told me when I first got in country, “Anybody who says they aren’t scared in combat is either lying or crazy” I’d add anyone who says they would never take a deal is the same, either lying or crazy. You will never know until you are there, talking about what someone will do when not actually faced with the situation is just a waste of energy and oxygen. JMHO you got nothing to feel bad about being honest.
    Respect to all that earn it
    Si vis Pacem, Parabellum

  6. JAMES Says:

    As far as “DOC” and his tv interviews, book, etc. all that self inflicted shit should have been put to a halt to begin with, he thought he was going to be a movie star and a film made on his life, little did the so called smart guy realize all his blown out of proportion bullshit and hype was doing nothing but lending a hand to LE, he was only out for himself and if anyone on this site or elsewhere knew this idiot they would know that it was mostly fabrication an his behalf, he was nothing but a coward at heart, even his old buddies THE AVENUES made fun of him back in the days, as I stated before STAY OFF TELEVISION, look at what is happening to each CLUB as a member or ex member does a show telling the STUPIDEST SHIT they can spit out of their mouths to look good for an audience, and sad thing is alot of good people take the fall along with these fools, LOOSE LIPS SINK SHIPS!

  7. Beowulf Says:

    JABBA, I’ve been coming here for a while now, sometimes I comment, most of the time I don’t. I just wanted to let you know, I think you just earned yourself a whole bunch of respect by having the BALLS to say what you did. There’s a whole world of difference between saving your ass and fucking your brothers. It’s my opinion that anyone who reads, and comprehends what you said would never mistake you for not being a standup guy. I also think that any man here would be in agreement that unless you were in the situation, ya just can’t totally be fucking sure what you would do! My respects to you man! Beowulf

  8. Jabba Says:

    Many thanks.



  9. Detroit Dutch Says:

    As a retired SSgt from the US Marine Corps I’m reminded of both the NCO Academy and the SNCO Academy, where they said… “keep your stupid mouth shut, or you’ll disgrace the Marine Corps.”

    Jarhead did both!

    Leathernecks are better when they keep their mouth shut and fall in line. Let your action be your statement. Don’t comment on something that makes US (USMC) look stupid. That’s the reason behind Semper Fidelus.

    Joe Slick Sleeve- Jarhead, assume the position… ready begin….

    OK he’s handled… next point ACE?

    Detroit Dutch

  10. c8652 Says:

    @ Jabba,

    I’m going to go on record and agree with you. You pretty much nailed it. Pride tastes like a shit sandwich going down but in a battle of attrition, you know how it ends.



  11. DOCB Says:

    Thanks Dutch


  12. Jarhed Says:

    First of all Rebel, I love your page and I read it for the great information and your excellent writing style.When I wrote my comment I knew I was going to catch a major ration of shit for it,but I didn’t think It was gonna make its very own topic on your site.The reactions are interesting to say the least.For the record,no sense of ridicule or ambush here Rebel,so no offense taken.

    I’m VERY WELL AWARE of the governments continuous witch hunt,and its legal misconduct when it comes to members of certain motorcycle groups.I made a broad stroke comment that I knew was sure to ruffle alot of feathers here.But i said it,and I stand by it…I DO NOT condone the Illegal government prosecutions by no means.
    Doc cavazos wasnt alone when he transformed a righteous motorcycle club into a party crew of cholos on bikes,(and alot with no bikes), who roamed the streets with impunity and managed to insult and disrespect just about every established “group or organization” in its vicinity.There were alot of “docs” in that club he didnt act alone,but many now claim to be merely innocents caught up in the unfair government prosecution.

    Were not all guilty but were not all innocent either.

    I do have compassion for “Joe public” who is wrongfully accused and is a victim of malicious prosecution from the Feds.BUT,,1% ers claim to be Outlaws who deem Societies Laws unnecessary,who live their lives skirting the laws that society enacted in the name of Order.1%ers proudly claim that fact with the diamond tattoo that Our Laws do not apply to them,So its hard for me to rationalize the sense or fair play that they feel they deserve from the justice system.

    Finally,to anyone that feels that they have to shit on me for my views,go right ahead,Ive been though alot worse and can handle it .But Im still going to be the one to say,” that the Emperor has no clothes”.

  13. Jarhed Says:

    Detroit Dutch Says:
    February 26th, 2010 at 2:02 pm
    As a retired SSgt from the US Marine Corps I’m reminded of both the NCO Academy and the SNCO Academy, where they said… “keep your stupid mouth shut, or you’ll disgrace the Marine Corps.”

    Jarhead did both!

    Leathernecks are better when they keep their mouth shut and fall in line. Let your action be your statement. Don’t comment on something that makes US (USMC) look stupid. That’s the reason behind Semper Fidelus.

    Joe Slick Sleeve- Jarhead, assume the position… ready begin….

    OK he’s handled… next point ACE?

    Detroit Dutch

    O.K. Dutch, point well taken, But If you dont wanna disgrace the Corps yourself, At least spell SEMPER FIDELIS correctly.

  14. FATF Says:

    Hey Jughead you never made it out of Boot camp so why you disrespecting Detroit Dutch?

  15. Jabba Says:

    A little earlier I posted something in the “New Judges in Mongols Case” thread, which said…

    “Your attack, such as it is, appears to be a bit like the kind of internet character we, who are ex-of-the-UK, call a “complete wanker”, the kind that attacks someone’s spelling when they can’t argue a point properly.”

    What can you expect from somebody with an “LE perspective”? They’re not used to having to put a case, or even a cogent argument together, they just fit one up to order.

    Dickhed > Learn from your betters, take the man’s point and back out with a bit of self-respect still intact.


  16. Jabba Says:

    A little earlier I posted something in the “New Judges in Mongols Case” thread, which said…

    “Your attack, such as it is, appears to be a bit like the kind of internet character we, who are ex-of-the-UK, call a “complete wanker”, the kind that attacks someone’s spelling when they can’t argue a point properly.”

    What can you expect from somebody with an “LE perspective”? They’re not used to having to put a case or even a cogent argument together, they just fit one up to order.

    Dickhed > Learn from your betters, take the man’s point and back out with a bit of self-respect still intact.


  17. Jabba Says:

    Useless fucking internet connection… my apologies for the double post.



  18. Ride Says:

    To Rebel:

    “Fate and let’s also not forget Doc. Doc was not exactly JR Reed, okay?”

    Thanks for that…brought a huge smile to my face.

    Much respect and appreciation.

  19. Rebel Says:

    Dear Ride,

    I was talking to a guy a little bit about JR Reed just the other day. Old Colorado City I think the old clubhouse was in. Right? Haven’t been in the Springs in years.

    your pal,

  20. Ride Says:

    Dear Rebel,

    Correct, with “was” being the operative word…I’m sure you know why. I was only there once myself; ending point on the annual Fallen Brothers Run back in ’99 before I left for the UK w/the USAF for a few years. Came back in ’02, retired in ’07, and never plan on leaving.

    I hear the new digs are a bit farther southwest of the old location.

    If you ever make it back to the Springs, just let me know…first round is on me.

    Much respect and appreciation.

  21. Jarhed Says:

    By the way, Who’s the guy in the photo??

  22. cool hand luke Says:

    On the pigs that were in the club dosnt the atf bragging on their anti lie detector training kind make it hard for them to walk into a court room and say mongol ass kicker stole my icecream cone and I am telling the truth

  23. JAMES Says:

    JARHEAD, first reasonable ? you have yet to ask or anything on this site, maybe shows your real age but besides the point, the person in he photo in this article is non other than THE REAL “DOC HOLIDAY” only to be one of the most famous of GUNFIGHTERS and GAMBLERS of old western times, whom had along with the “EARPS” gained notoriety for his hand at the “OK CORRAL”, maybe you should read up on this man, sure would not hurt to help to understand how some things go hand in hand and what it takes to be a friend to a few and a brother to some also, meaning laying it all on the line for the ones you care for.

  24. Jarhed Says:

    Last time I checked Rebel set up this site so we can have an open dialog about topics that concern the Biker world.Were not always going to agree on things, but we can at least be civil and not resort to name calling and insults.We all have our reasons for believing what we do, some are based on LAW, some on rationality, and some from experience.I made my opinion known and attempted to convey my thoughts best I could,Rebel has a habit of giving me a different perspective on things(always has),but under the circumstances,I still stand( with a bit of apprehension) by what I wrote.

    Ill make sure and wash my ass,so any future ass to mouth moments I might be having wont be painful.

  25. JAMES Says:

    JARHEAD, just to make it clear to you I understand RBEL has a very good site with many postings some good and some not so, and as I said this past question was one of your more intelligent ones and I gave you an honest answer as I would anytime, so as far as I am concerned you get what you ask for and you do have a tendency to post things in a manner that shows you to be somewhat of an idiot, go back and read them and the comments that follow you, 99% are deserved at least I was nice about it this time because I really think you just are not either very old or your just not smart enough to realize what you are posting , no matter what the case USE YOUR BRAIN SOME, and for washing your ass that is your matter of taste, I only hope you come out of this with a better prospective than what you have in the past, as far as hurting my feelings I can take what I give, thanks for reading and hopefully things will start to come to light for you with some understanding of what some people on here have to go through that may never happen to you, because when it does you will take the same attitude towards those who speak bad of you and yours and go off on them, enough said.

  26. Detroit Dutch Says:

    Thing is Jarhed,

    Semper Fidelus is spelled both ways (i and u)… check your Latin. I always use the feminine version when correcting “Joe Slick Sleeves” like yourself.

    In the NCO Academy and subsequently the SNCO Academy we learned both spellings as well as other things… like the common misspelling and grammar error of “Teufel Hunden” that the Marine Corps uses.

    And I have to lean in the direction of Jabba when I say…. smells like LEO around here. You must be one of those Leathernecks MC types who run around with a three piece cut and a MC cube, but act like an RC!

  27. Jarhed Says:

    Sorry dutch no L.E. here.Thanks for the accusation though, comfirms the fact that your just another “lifer” P.O.S. thats has his head up his ass for far too long.NCO academy my ass.
    So because someone disagrees with your views they gotta be a cop?Maybe I disagree because of the fact that a certain “biker club” screwed things up for so many regular Harley riders around here(L.A.)that we all began constantly getting hassled by the cops every time we hit the road,and that 3 of those unlucky civilian bikers even got murdered because some cholo gangsters mistook them for 1%ers .Yeah I might be alittle biased ,but I sure as hell aint no fukkin cop.

    Hey dutch,how do you spell KISS MY ASS , in Latin??

  28. Justme Says:

    ok jarhead maybe your not a cop but your definetly a keyboard commando or you are just to dam youg and dumb to even be on here. Some of the questions and comments you make on here looks to me like your fishing for information but thats just how it looks to me anyways club business is club business and if you aint a memeber your not in the need to know but if you want to know go confront a club member face to face and ask.
    Im done

  29. Invader.CC Says:

    Jarhead …You obviously have never been involved in a Federal prosecution…I myself took a plea deal on a crime i did not commit…

    Why?Because there was 3 government witness that said i did the crime..Police agents that were willing to perjure themselves who new i was not present when the incident happened..
    And as my attorney said at the time they are going to convict you of something what difference does it make what charge it is you go down for..
    So i did 4 years to help someone else.It was worth every day of it and i would do it again if i had to ..I’m not saying i was an innocent but i will say that i was not guilty..
    I will also say that the Justice system will do whatever it takes to convict you including lie and with hold evidence it happened..
    Until i was a target i was also a skeptic on wither or not the police would plant evidence and lie on the stand man was i naive..

  30. Jabba Says:

    Y’know Dickhed, I believe DD was just commenting on an opinion I put forward, one I don’t think I’m quite ready retract just yet, if only because it seems to piss you off so much… and baiting total dicks has always been a weakness of mine.

    Call it a character flaw.

    Tell you what, prove to us you’re no LEO… send us a copy of your driver’s licence, social security number and anything else you think we could use to, er “check you out”.

    I could use a laugh.


  31. Detroit Dutch Says:

    Figures all you got for me is a four letter word

  32. not-a-hippie Says:

    Catching up on my reading, so I’ll put my nickel in….

    It’s more than the Mongols; it’s more than bikers. It’s everyone who has skirted the law or generally pissed the law off. It’s about a federal government finally having the power to squelch every sort of anti-correctness using new laws afforded by 9/11.

    It’s about new technology that can pinpoint you from outer space and drop a bullet up your butt with a push of a button.

    Everyone, outlaw or not, should be very scared to the point of paranoia. If they can’t get you for that, they’ll get you for this. Too smart? They’ll plant child porn and forever ruin your family name.

    The alternative is being a good little citizen, obey the laws, believe in their gods, pay your taxes, salute the flag, and love the president. heh…

    I’d never cop a plea unless it was for the greater good and since I’m basically a loner, they can kiss my skinny white butt.

  33. sled tramp Says:

    Were we seperated at birth?


    Believe in their gods ? which God is the gov propping up ?
    Respect, Steve

  35. Miss Krista Says:

    When it’s LEGAL for the “prosecuting attorney” who is supposed to be enforcing the laws of the land to commit virtually any crime with impunity, why would anyone with a brain think they could get a fair trial in this wonderful US of A, by the people for whom? the government? Check it out – prosecutorial immunity is no joke, and it’s probably the biggest crime and deception being used by the government to criminalize the truly intelligent free thinkers of this great country. Scary but unfortunately true. Like the old benefit stickers say “Protect Your Freedom – Support Ours” how many individual citizens have the financial wherewithal to protect their own freedom now days? Not many from what I’ve seen.
    Keep the thoughts flowing Rebel – great site.

  36. Dan the Man Says:

    could probably understand where jarhead is coming from, although he is wrong. Raised in a middle class home, surrounded by friends and family who knew people with no interest in prosecuting him, he kept his childish “good guy” vs “bad guy” delusion into adulthood. I can’t blame him. Society does as much as it can to keep this up. In fact, if you question the police your instantly a criminal sympathizer, or a crazy if your too far into the mainstream to possibly be connected with the public perception of a criminal.

    If you work WITH law enforcement as their friend you know they are not too much different than crooks, if a cop gets it in his head your guilty you are, and if he can’t get you from what he thinks your guilty for, he’ll try getting you for something else, forever, until he finds a new someone to fuck with. What they perceive as right and wrong is sometimes based on facts and observations from good detective work, but is often based on paranoia and fear fed to them through either the news media, or down their chain of command from the personal opinions of politicians.

    I’ve been told by a cop personally , they can always find something to arrest anyone for on the street. Its just they don’t.

  37. DocB Says:

    They found a cop in Louisville Ky with a personal Hit list.
    It was a list written down on paper and none of the people on his list had active wants or warrants. Try to tell me he’s the only one. Just try

  38. Miss Krista Says:

    Does anyone remember when Bruce Medina was murdered in Sonora? They STILL use military type tactics to screw with anyone who has the GALL to stay at his “compound.” And that was a hit, in fact seems to me they proved the shooter was basically a cop hit man. He had kills in southern Cal, and was shipped up here to off Bruce. Only time in my life I got so shitfaced at his wake I couldn’t even push my bike to the lawn I passed out on, but apparently come cops even had respect for that man because when some apparently rookie cop bitch got in my face about being so drunk, before I could show her what I thought of that another cop pulled her away and said “Leave her alone, she’s mourning a good man.” yet another good, dead, man…

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