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Order POW Gary Yarbrough: An Appeal "The evil of tyranny are rarely seen but by him who resists it." -- John Hay "Political correctness is a form of bigotry behind which cowards hide." - James Von Brunn Fantastic doctrines require unanimity of belief. One dissenter casts doubt on the creed of millions. Thus the fear and the hate; thus the torture chamber, the iron stake, the gallows, the labor camp, the psychiatric ward. --Edward Abbey "As long as the world shall last there will be wrongs, and if no man objected and no man rebelled, those wrongs would last forever" - Clarence Darrow "The giant oak is an acorn that held its ground." -- Anonymous ------------------------------------------------ The following is a direct appeal from Order POW, political prisoner and LibRA member Gary Yarbrough. You may write to Gary at: Gary Yarbrough, 09883-016 USP Admax PO Box 8500 Florence, CO 81226 USA I will add additional comment after Gary's open letter or appeal. JWG -------------------------------------------------------- As many of you are aware, I was attacked and beaten by Bureau of Prisons staff at US Prison, Atlanta, GA, in retaliation for filing numerous administrative remedies regarding adverse conditions at the prison, and for refusing to be forcefully integrated. I was beaten with a set of cell block keys while I was in handcuff restraints. Three of the administrative remedy requests I filed previous to this assault were for the very same reasons, ie, black staff attacking and beating restrained White prisoners for refusing to be celled up with non-Whites. My friends at Liberty Rights Advocates are aiding me and our folk cause in an attempt to prosecute the Bureau of Prisons for these and other abuses against myself and our folk. I have a very good case against these tyrants, and I am certain of victory, if we can afford to get the case heard by a judge and jury. This requires funds of which we are short of. I have resolved that any monetary settlement awarded will be utilized to help establish a legal defense and civil rights fund for other Eurofolk political prisoners who may, in the future, find themselves in the situation I and other political prisoners and other Eurofolk prisoners are in. The Federal ZOG dogs realize they have no defense for what they have done, so they are trying to resort to coercion to press me to cease from my legal actions. On Oct 4, 2007 I was transferred to ADX Colorado super-max prison. I have violated no rules or regulations to warrant such a drastic measure. Therefore it is obvious retaliation for legal activity. To be sent to ADX one has to have violated a rule, usually "gang activity," stabbing or assault on staff. One is given a hearing and an appeal before being sent sent there. None of this was done with me. Apparently the Order POW's are not afforded this process. I was expecting, and was told by staff at Terre Haute, Indiana, USP that I will be, sent to a medium custody FCI, as my security points were low enough for medium custody. The regional office nixed this transfer and sent me to ADX. I am also up for a parole hearing in January, 2008, and before being sent here, I expected a parole date within the two year interim. My initial parole hearing in 1994 resulted in a 15 year set-off date; the Parole Commission recommended I serve a 20 year sentence. That 20 years expired in 2005, and the 15 year hit was based upon, no my "crimes," but my co-defendants' "crimes." I am now 17 years beyond the court's, and parole guidelines, sentence recommendation. Hence I expected to be paroled. The transfer to ADX is an attempt to poison my parole hearing and to try to terrorize me into dropping the legal action. I intend, as always, to fight the enemy of my folk and faith. I have never bent my knee, nor begged for quarter from an enemy of my people. I will no do so now, and surrender is not an option. White children must have a place in the sun, and the barers of that life, Aryan women, must be preserved. Therefore, our men must endure at all costs. Every little bit helps! Any monetary contribution to Liberty Rights Advocates helps me and aids our cause. I detest asking for money,but it's for a good cause. We need your support! For Our Folk, Future, for Our Past, Fyrdung! Gary Lee Yarbrough --------------------------------------------------------------------- For the benefit of those of you who have been added to this list within the past few months, and to remind those of you who have been receiving our reports and commentaries for some time, Order POW, political prisoner and LibRA member Gary Yabrough, while confined in the "Special Housing Unit" in USP Atlanta, was brutally beaten by guards. Not by other prisoners, but by guards. The "affirmative action" and race traitor guards and prisoncrat officials made sure Gary was restrained before he was beaten. Gary was knocked unconscious, and required outside hospitalization. As a result of the injuries inflicted upon him, he was in a wheelchair for about three months. Our political prisoners too often have been singled out for especially vindictive retaliaton, harassment and abuse, but the brutal beating to which Gary was subjected took this to another, even more intolerable, level. We can not, must not, and should not just let this go. I know that I and a number of those with our association, Liberty Rights Advocates (LibRA) have resolved that never again should abuses inflicted upon our political prisoners be allowed to go unredressed. We have been assisting Gary in filing legal actions because of the assault upon him. Under federal law, first Gary had to meet the requirements of the Prison Litigation Reform Act (PLRA), which mandates that prisoners "exhaust administrative remedies," or administrative grievances. Usually a time consuming waste of time and energy. For federal prisoners, the next statutory requirement is under the Federal Tort Claims Act. FTCA is the federal statute with which the US Government "surrendered sovereign immunity" from civil suits, but with the stipulation that first tort claims must be administratively filed. In practice, federal tort claims amount to a quasi judicial proceding, because both sides know ultimately the tort claims could very well end up being reviewed in federal court. Unlike the "procedures" mandated by PLRA, the procedures of filing claims under FTCA (because it was written and enacted with NON prisoners in mind) are governed by federal statute. As previously reported, we met this requirement. Normally, when FTCA claims with which the Federal Bureau of Prisons (BOP) have to deal are going to be denied, they are denied within a very short time of when they are filed. The tort claim filed for and by Gary Yarbrough was handled differently. They waited until virtually the last legally allowed minute--I have some cause to suspect until really right after the last minute--before this denial came. It is evident there was some serious consideration to then settle, because their legal advice and counsel know, as we know, as many others know, that once this gets into federal court in a formal civil action, they can't win, certainly not by the merits. The denial of the tort claim didn't address the merits of the case. Instead, they tried to resort to procedural arguments. Weak, lame arguments. Based upon nearly 15 years experience in helping with civil rights litigation, I know that if these procedural arguments are raised in defense, using their own dated signatures and filing, they can easily be refuted. I further suspect the other side knows this. But, also based upon prior experience and observation, their possible tactics are a bit obvious to me. Retaliatory transfers are one commonly resorted to stunt by prisoncrats. We will shortly begin separately addressing the issue of Gary's transfer to the federal supermax. It took several persistent outside complaints to get them to finally transfer Gary out of USP Marion. Another common tactic, resorted to by attorneys general offices who have to defend government officials in civil rights actions, is to try to avoid the merits of the case and argue procedure. This usual stall and delay tactic, with persistence, can be overcome, too. Trying to wear down a prisoner's energy and resources is another ploy. Remember, contrary to the ignorant notions of some, when it comes to litigation, the prison system pays for nothing for the prisoner. (For that matter, contrary to popular misconception, prisons pay for or provide very little in the way of basic necessities, forcing the prisoners themselves to pay for much of this.) With advance preparation & planning, this, too, can be overcome. Finally, if one succeeds in pushing a civil rights action far enough, the stall, delay & evade tactics of the other side begin to wear out as they begin to realize they will have to deal with the merits of the case. We are now preparing to help Gary formally take this case in to federal court, as a formal civil rights civil action. Filing tort claims can be expensive enough and require much work. Going in to federal courts, the claim becomes more expensive and requires much more work. LibRA is involved in many projects, with newer ones being prepared now. However, this civil rights action by Gary will be one of our top priroity projects. Gary writes that he hates asking for money. Well, I also really dislike sending out fund appeals. In nearly 38 years active involvement in the pro-Eurofolk cause, I've sent out perhaps less than a dozen. We held back sending out any more appeals on behalf of the Gary Yarbrough litigation project, first while awaiting disposition of the tort claim, then as we made further plans and begun further preparations. Of course, donations for this litigation fund slowed down to a very sporadic trickle, then to a complete halt. What is sent for the purpose of the Gary Yarbough legal effort, is used solely for that purpose, separate from what funds sent for general LibRA purposes are used for. This legal battle by and for Gary most likely will be among the most important battle, project, campaign or effort by any pro-Eurofolk group or individual this coming year--if not the most important one. When it is over, those on the other side will know they can no longer abuse our political prisoners with impunity. Gary's plans for any settlement is for a special fund to be set up so that there will be something there--something substantial--to help future political prisoners who will be confronted with future abuses. The way things happen some times, that future political prisoner could very well end up being you! (Some of you may be surprised at the number of political prisoners thrown into the gulags, who thought that would never happen to them--and of course had no prior contact or use for LibRA for those whose imprisonment began recently enough--and are among the growing numbers who are becoming LibRRA members..) Checks or money orders should be made payable to Liberty Rights Advocates, and sent to: Liberty Rights Advocates PO Box 713 Johnstown, OH 43031 USA. Please note that if you are sending something for this litigation fund by regular mail, to clearly state on the check or money order or in a separate enclosed note that your donation is intended for this purpose, to keep it separate from what is sent for general LibRA purposes. Or you can donate online at: [Gary Yarbrough Civil Rights Fund] John W. Gerhardt PO Box 713 Johnstown, OH 43031 USA --------------------------------------------------------- "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." – Samuel Adams, Father of the American Revolution . |
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