MISCONDUCT BY ALASKA PROSECUTORS WORSE THAN PREVIOUSLY BELIEVED, new found evidence suggests. A D.C. Court is being asked to reopen an investigation of the Alaskan prosecutors responsible for the botched case against long time Alaska Senator Ted Stevens after evidence of continued misconduct surfaces, including use of FBI Agents to sabotage Joe Miller's Senate campaign and jail grassroots organizers. Contact: Maria Rensel (907) 455-7008 (907) 590-4164 Robert John (907) 456-6056Prancis Schaeffer Cox Regn to. 16179-0068 ay OSE marion Page 2 2.0, Box 1000 Warion, IL 62959 may a2, 2014 Hon. Clerk of court United States District court Por the istrict of colusbie 335 Constitution Avenue, It Prettyman blag. Room 1225 tashiagton, De 20001 Re: In Re special proceedings, Mise Ho. 9-0198 (EGS) Dear clere of Court: Please find enclosed an original of my Notion For Access To noport Te the tion, Hunet G. Sullivan Of Investigation Pursuant to the Court's April’ 7; 2009 Order" and/or Interested. Affected fand Injured Non-Party ‘Petitioner's Notion, 70 Reopen Special Proceoaings Unger #RCP Rule 608(3) 4 (d) "or Praud Upon the Court, By certain Parties Of Interest," Pleage file said Motion on fy Dehslf using the BCP systen to serves true copy on all interested Parties, those parties including, but not limited to, the falloviagt Brian christopher saldrate Francis Joseph Warin ‘Gibson, buon A Crutcher, Washington, De LibPs ‘Gibson, ‘Duon & Crutcher, L.b.P. Washington, DC Brendan V, sullivan, Je. Craig D. Singer lex alacard Romain Beth a. stewart Wintisns & Connolly LP Washington, De : Joseph Marshall rexey, Jr. RobeLt Nadiaon cary islitane & Cofnolly IAP Nashington, Be Hon. Clerk of Court award P. guitivaa Nicholas A. Maral Patty Mexkagp stemler Wiliian J. stuckwisch Brenda K. Morris, David us vaste UUr8." Departuent of gustice Nasiuington, De Samos A, cooks U.S, Attorneys office Disteiot of Alaska Anchorage, AK Paol He O'Brien United States Department of Justice Narcotic € bangerous brug Section Washington, De Stocerely, Taficis bchaetter og. No. 16199-00 marion, 1h 62959{01 THe UNITED STATES DISTRICT COUR? POR “THE DISTRICT OP COLUMBIA Francie sons £02 Cox, Mise. No. 9-0198 (xs) , , Interested-atfected and} Injured party, a } ton Bet Gs sutLivan NoneParty Novant, Petitioner;} U.S. District guage } In the matter of: } In Re: Special Proceedings ) ritea: 9-26 ~ be {FOR THE DISTRICT OP COLOMBIA Néae. No. 9-0298 (Bos) } fon. Banet 6. sullivan OS, bistessé suase In the Matter In Re Special Proceeding } witea: 5-23 ~ 14 NOTIN FORNA PAUPERIS, AND WOTTON TO. apport coUNSEL TD PROTEGE "AOURED PARE" INTEREST couss Now Francis Schaeffer Cox, and under penalty of perjury pursuant to 28 USC $1746, a8 an Angured, noo-party, but party of interest, aod xespect£ully MOVES this Honorable Court to waive any filing fee and allow Novant to proceed pro 28 Movant aveara sod affine he 18 incarcerated indigent, over the age of majority, and a citizen of the United States and State of Alaska. and that further, he has been declared indigent ‘and hag counsel appointed in his behalf in the U.S. Dsstrict Court for the District of Alagka and on appeal in the United States Court of Appeals for the winth Circuit vhere he is currently oa Aizect appeal under 18 USC §9006R. Further, Movant MOVES this Honorable Court to appoint counsel to protect the interest of Movant as an injured, interested aon- party, If the Court finde Movant's Hotton To Reopen Proceedings Under od, Rule civ. P. 60(b)(3) and (€)(3) For Fraud Upon the court is well taken, Movant asserts it is in the public interest to determine if HHovant's allegations can be factusliy supported and fo detersine the extent of the egresious maconduct, deceit and fraud on the Court that occurred and for tho Court to exaft appropriate remedy. So swear x under penalty of perjury under 26 USC §1746. Respectfully Subaitted, ‘Francie Shasta Cox, BES Ba MoBION FOR ACCESS TO "REPORT TO THE HON. ‘TO THE COURT'S APRIL 7, 2009 ORDER" == 10/08 “rWEERESTED-APFECTED AND INJURED NON-PARTY ‘PETITIONER'S MOTION TO REOPEN SPECIAL PROCEEDINGS UNDER PACP ROLE GOB(3) 2 (4) “vo anu Urow aus couRt™ By CERTAIN ‘CowRs Now Francis Schaeffer Cox, proceeding in propria persone, ae an incarcerated indigent Natural Citizen of the United States, over the age of majority and respectfully MOVES this Honorable United States District Court to grant Novant access to the "REPORT 70 THE HON. EWE G. SULLIVAN OF INVESTIGATION PURSUANT 10 THE COURE'S ORDER OP APATL 7, 2009" {hereafter Mr~ Sohulka's Report; And/or also MOVES this Honorable United stat to reopen the above naned, nunbered, and styled cause of action to wits IN SHE AAETER OF I RE SPECIAL PROCREDINGS on the basis fof fraud upon the court pursuant to FRCP Rule 60(B)(3) and (4) conitted by certain previously sanctioned and unsanctioned partiot land unknown or unnaned parties who participated in continuing Brady, Giglio, Kyles, infra, violations and/or continued prosecutorial and investigative stzconduct agsinet other targets of Operation Polar Pen (including your Movant, uho was injured and Ss being District court Anjurea) «Movant, a State House candidate and successful grass roots organizer, vas one of several victing of the Anchorage 0.5. Attorney's politically motivated prosecutions, code naned “operation polar Pen." ‘the Polar yen team made sensational accusations against Movant. ocunents have recently surfaced that indicate that they knew these accusations were falge all along. ‘This Court is already familiar with the fraud and deception that characterized Operation Polar Pen. what this Court may not be aware of is that through even greater acts of fraud and deception, the parties in question were able to prevent the investigation ordered by this Court from discovering the Full extent and serious hess of their prosecutorial misconduct. Novant now seeks to bring to this Honorable Court's attention previously concealed misconduct which, because it was not revealed fat the tine, prevented Me, Sohulke from making a fully informed recommendation as to appropriate sanctions, deprived this court of information vital to its decision making, and most importantly, Ae allowing injustices to be continued and expanded, In the inter este of justice, Movant Petitions thie Court to re-open ite Polar Pon investigation. Ja support thereof, Movant proffers the following good pr: at 42 at least a reasonable inzerenos, if not beyond peracven= ture that the Polar Pen Task Force, ergo: the Alaskan U.S. Attorney's office, the Alaskan State Troopers/Police and the Anchorage Police Department's upper echelon joined in an effort to manipulate, not only the political Lendecape in Alaska, but in the Nation by use of Polar Pen Task Force's resources to defeat, discredit, or incar- corate political figures. Not the least of which vas United states Senator Ted Stevens, head of the Senate Finance Conaittee; Don Young, long tine U.S. Congressnan; and other GOP political figures of office holders in the State able to influence elections. Your Movant herein ves once one such up and coating political ‘activist/eandidate and fund raiser vho was able to enrol thousands of young nev Libertarian/coP voter inter Algeka S# @ state with only 713,000 or 20 citizens, state wige elections have perhaps in a Presidential election 315,000 voters, A normal election turns out around 250,000 voters state~ wie 5,200 votes made the aéfference in vhether Joe Hiller or Lisa Muckowaks becene U.S. Senator. the already judicially determined isconduct of the Polar Pen Task Force defeated long tine Senator ‘tea Stovens and changed the control of the senate to the Democratic Nebraskan Senator Ben Kelson, Denocrate alresdy controlled the House of Representatives. For better or vorge the Polar Pen Task Force sot the stage for passage of the Affordable Care Act. Without consent by your Novant a to whether that will bode S11 or well for the country, At changed drastically the direction of this Nation socially as to health care, and it wes done via prosecutorial misconduct-abuse of prosecutorial pover, not by a fair vote of tho people. Your Movant in his Likertarian activisn vas registering thousands of new conservative young voters capable of changing the political landscape in Alaska and in particular challenging the Democratic Prasident and his Adninistration's push for new ‘gun contol laws and firearms registration. Movant vas éraving Phonsande of mopportars to Biz rallies. le was raising funds. enrolling voters very successfully, and pushing state legislation sncluding passage of the Alaskan Fizearns Freedoa Act. wovant believes £t was because of thir he wes targeted by the Polar Pen Task Force Nesbera. Novant has documentation within a hard drive containing some of his discovery (that he 42 not allowed to print out) that states that the A.U.S.a. assigned to Ais case vae/is Joseph Bottini and thore vere thros (3) F.B.1, co-eage officers, Sandi Klein, Richard Sutherland, and Bruce Hilene, ae well as other P.B.T. agents know fand unknown to Hovant. ‘These federal agents/attorneys were running tho Polar Pen Sting in conjunction With Alaskan State Police, over the objections -3-of the AUSA from Fairbanks, Alaska where Hovant Lived. Your Honor, during the very time these prosecutors were being investigated at your direction thie ig uhat they Here doing behind your hack. Movant was/is not a criminal, had no criminal associations, or predisposition tovards the typos of crines the Polar Pen teas tried to bully him into committing. ‘Your Hovant was raised én Colorado where he was home schooled by his parents, both teachers. sis father, a Wost Pointer, and Uncle, fortes Chief of Staff to U.S. Senator David Boren, owned land operated assisted Living hones for seniors, the Cox family bocane very Well off as a result, hen Novant vas 16 his father took # pastoral position at a large Baptist Church in Paizbanks, Maske. llaving been intoduced to backpacking, fiehing, sountain- fering, and the great outdoors by Me father in Colorado, your Novant war enthralled with Alaska. at 17 he sot a goal to cliab 20,20 foot Ht. HoKinley within a year, which he did ina 48 day ‘expedition. Movant Worked in the Alaskan fishing industry, in construction fon the Arsy!s PE. Wainwright Military Bese Learning caD (Conputer Aided Design) in construction, operating heavy equipsont, and Ultimately had hie ovn successful residential construction, desion, ‘and landscaping business. at 18 ho marriod his wife Marti, and the again clinbed ME, MeKinley vith hie father in 2003. In 2005, he climbed Wt. Mckinley for the 3rd tine with his wife. thoy taught Sunday School, vere certified foster care parents, volunteered in the community, and vere the quintessential upstanding wilderness loving Alaskan fanily. Novant becane involved in Congreseaan Ron Paul's Presidential campaign and was recognized as an effective campaign organizer. [At the next GOP convention, the Lt. Gov. asked Movant to run for State Representative from the convention podium, which he ultinately 48d. le garnered 358 of the vote at age 24 in a 3 man race against an entrenched incumbent. At that sane convention he vas first approached by a Polar Pen informant, B{11 Fulton, ho asked his to help rig an internal party election whieh Hovant declined to do. After losing his race for State Representative, Novant Co began @ 2nd Asendaant campaign against the Obssa Adainistration's ‘gun contol efforts, honing his public speaking skills, holding rallies, gaining ase recognition and a political base of conserva tive, conatitutionalist Ron Paul style of Libertarians who were for less government, sore fresdon, and lest regulation, especially in the area of the Bi11 of Right ‘Sone of these aupporters-follovers had extrene views. Movant had @ politiosan's habit of giving soft answers. hen asked to ‘support a position, cause, of idea that was unacceptable, he would suee the Listen, appear to give it thoughtful consideration, re ‘speaker that he understood the merits of the speaker's idea, then ently point out the flaws and shorteonings of the proposal so 8 not to alienate his potentiel political supporters or ereate poli- tical onenies unnecessarily. ueing these speeches, ovant cane to the attention of the snvestigators and srogecutors, federal officials, and Alaskan State or Local Police who composed the "Polar Pen Task Force” responsible for the dubious investigation and prosecutions of U.S. Sen. Ted Stevens, former Alaskan House Speaker Peter Kott, and also former Alaskan State Representatives Victor H. Kohring and Bruce B. Weyhrauen, Ag thie Court well knows, all vere convicted by the Joint state-Pederal Polar Pen Task Fores, and all were reversed for failure to disclose Brady-ciglio-nyles materials. *£N!, Novant then continued to fund raise and build his political base by holding rallies for 2nd anendnent rights and any other isnues that were popular at the tise, including Local police corruption. Novant asserts by reasonable inference that the Polar Pen players, whose true agenda was to influence Alaskan elections and in turn influence the administration's national agenda, realised ERI) Ua, vy Weyheauch, U.S. Dist LEx18 27627, 3:07-cR-056-J05- GDR, Navel 18; 2011 (court grants government's Motion to Dismiss, Doe! Wo. 492) Vis, ve Peter Rote, Urs. Dist. DENIS 62620, 3207 Gkedsecdnsqs08, June 13, 2017 (eolee grants. governnene's Wotion to Disniss)7 U.S, v. Kohring, 637 F.20 695 (sen Cie. 2011) (vacating Keneingta convtetion, renanding”for"awy tein); U8. e 2000 Uss. Dist, Lents 35086, april 7, 2009 (granting goverment fotion to bisniss)~ econ onethat Hovant's Second anendaent movenent and rallies and hie voter registration success vas a threat to their overall goals. they then ran nunerous attempts to entice Novant to commit orine ‘These undercover agents repeatedly told their FBI handlers Kovant wae not willing to possess illegal weapons, or connit acts of violence for over 2 years end through et least 3 operatives, AUSA Bottini continued to insert leas x less eredible/ethsesl under- cover operatives who vere willing to do anything to threaten, scare, induce Movant to commit itlegalities. operatives who would Lie, steel, and violate Inve. AUSA Joseph Rottini's prosecutorial philosophy that the “onds justify any means" is seen throughout the Polar Pen Sting Operation against Hovant, just as it was against Sonator Ted stevens, Vietor Kohring, Peter Kott, and Bruce Neyhrauch. ‘the moLtiple and eacalating attempte st Novant are as folleva: --_armpwrn 1, staple of: Movant beliover the first Polar Pen undercover effort vas When he was approached by # man naned Criss Hinino who bragged of the sophisticated weaponry he possessed, including explosives. Mr- Mintno voiced hia support for Novant's campaign and asde modest donations. lr. Minino Inter offered to supply Movant with high explosives "to kick sone shit off," at which point Movant distanced himsel® froa WR, Minine, After trial, Mr, Hinino was found to have been an informant, though the "Polar Pen" prosecutors refused to make fornal disclosure or supply additional discovery regarding —-_AENN? 2, Nonatary incentive After Minino, a man naned Aaron Bennett cane on the scene. Bennett reprasented himself as the leader of a large Militia with Lots of monay and the ability to raise a lot nore, which he did. Bennett hosted multiple fundraisers ané donated thousands of dollars to support Movant's rallies and canpaigning. Bennett also started giving Movant expensive gifte on a ragular basis including: rifle scopes, aaoke canisters, outdoor clothing and equipment, winter survival gear, body arnor, 3am flare launchers and snoke fuses for practice grenades, Host of the tine Movant would turn around and ae sell these gifts and just keep the money. Sennett convinced Novant that the best way to increase donations vas to start a ailitia, Seeing that Bennett had what appeared to be an alnost unlimited ability to raise soney, Movant tried to orgenize a Militia of his on. Movant now reasonably Believes that ATF, Fairbanks Police, ‘and other state and federal actors used surplus shops/gun shops in ‘Maska as undercover Listening posts to gather inforaation on conservative or constitutional rights groupe. Vor example, "Par North Tactical" vas run by Aaron Bennett, who the governsent refuses to disclose as an informant but moroly stated that they “could neither confirm nor deny" his involvement. Aaron Bennett was perfectly positioned to infiltrate ailitia, sovereign citizen movements, Tea Party conservative, 2nd Anondnent/ Constitutional Rights movenents, and probably still is. this explaing the governsent attorneys refusal to confirm or deny whether or not he 4e their informant, Bennett approsched Movant making offers to provide illegal weapons and "gave" Hovant, without cost, body armor, snokefuses, dummy grenade shells, Hornet Nest cannisters, ‘37am flare guna, a2 vell as donations to Movant's political causes, Bennett vas aggressive in urging Movant to abandon his passive non-violent political 2nd anendnent approaches to change and instead lise ottensive vioient type tactics or force. Aaron Sennett toia Movant to "Lead of Bleed,” that if he waen"t going to attack the goveranent, Bennett vould x21 Hovant and blane it on the federal goverment to incite tovant's supporters to "rise up." Movant began to distance hinself from Bennett and warned others to do 0 as well. While Novant was able to Grav thousands of people to polstical rallies, organizing thea into a viable Militia turned out to be Aaposaible and it certainly was not a gold nine of donations as promised. ay June 2010, the actual Militia part wae defunct and nothing more than a failed experinent, the FBI noted this:(Sontenctag Meaorandun, page 24) Pron: Bopelandr Derek’ Ds Sone: NondaYr dune 14r2610 8:10 Px Tot locascior Lisa A.j Klein: Sandza L.7 Milner Bruce Mai Sohneonr’ sami, subject: Ror Se-rairbanks jue SC has gone from a cadre of 24 down to 2 (Iltm and his ie tee Deekyss over tims, Bennett became very pushy and inaisted that violent acts against government officials vere needed. hen Hovant wouldn't 50 along with thie thinking, Bennett started making subtle threats to harm Movant. Movant subsequently avoided Bennett and advised others to do the sane. After trial, Sennett as found to have been ‘an informant, though the "Polar Pen” peosecutori refused to make format disclosure or supply additional discovery, despite the fact he vas allowed to testify at trial. (Sentencing Henorandum, page 17 referencing P2r'e covert recordings) sarin another portion that vas not included in government Et. Gap eps. 152-495. (the Government Ex. 14 Juoped fron ps 120" 155) hice ‘con stated: ‘Bur {hen t'm not ~ ho's (Aaron Bennett} constantly pushing fhey Mygu've got to just Fight ana start the killings” you Edw, "Wand figure. it out Later,” you snow, and I'm being very’ temperate and, "no, hold back, let's’ not be premature," you know, sthat's Just fetaliation, that’s just vindieeive,” fou know, “oh neiiy, whoa, Nelly," pump yout brakes," you SR, OusoN: Put the reins on. Ha: GOK: fn "ho (Aaron Denacet), sete stct of ne, [Cox] atlig he's tying te destroy mo because I'm a cork sn 2 Bottleneck. (Feb, 12 2011 pp 152-183) Norning of February 19th Audio Fite no. 021911 -GuS-COX-VERION-BARNEY 08.58 SBea3" au: What about Lonnie you fold me s couple of days ago when you'said that faron (201) nase YOUNTE: Ho's going to Kili all of us, ya. We're all fucki dead we're ell tuckiog Goad * = TARE: that was hig exact words. KEN: And that was ah? Yottaes” and you got to see a taste of it down there too. Sek. (#01)2" Oh ya. 5 (19.02.11) last timo you (Inaudible)? ‘Tt was the Weekend bofore that. Because when Lonnie and Aaron (PBI) went to the summit. (en gets ready to leave, te offers a prayer of protection) S06 tis4:36° Ken: Yahweh, 1 just pray for the complete protection wo need Eight ow, Help us renain in Ronar before Your Because Of Your promises, if ve do not engage in iniquity and daviessness, thet you would feed us: “Ana to just not engage in tho eviiy that of the evil’ people that cores, against us. And to work evilon sy and to welt en you snd that you would taka care of tt. And we Suse peasy SCHAEFFER: A lot of those folke Like BELL (FEE) and Norm, Z jean Like Bill (PBI) and Aaron (FBI) I think aze better te Just Tee ates 2:36:43" SCHAEFFER: I think that we Just need to have a policy of, of avoiding aaron (PBz) and nis page, Decauss that 1s Just, chat to just a bunch of Redonistic, scrappy, uny directionless brauiers. (those tapes vere fot played for the Jury. --_ADNENDR 3, threaten chtléren/snife to Throat —- After Minino and Bonnett, 2 man named Bil Fulton was inserted into the sting by the FOr and Polar Pen Task Force, Unlike Hinino who simply offered the opportunity to coumit a crime, or Bennatt vio ‘used monetary incentives and subtle forms of coercion, Fulton capitalized upon a threat to Movant's family, then resorted to using actual physical violence to try to induce the commission of 2 ort (on Fob. 25th 2010 Novant was charged vith 1 atedesesnor count of reckless endangerment after an argunent that snvolved his wife and mother-in-law. Tha fallowing tuna, the Alaska Office of child Services showed up at Novant's hone and informed Hovant that there was 2 complaint of child neglect. while St is routine for ocs to snake a house call after an incident of donestic violence, such child welfare checks take place vithin houre, or at the most, days, of an Ancident. additionally, "reckless endangersent™ {2 specifically a nonviolent offens ‘The complaint Ocs acted on was @ separate complaint made by police that alleged "an unsafo environment” based off of Facebook Photos. This allegation vas found to be "unsubstantiated" after an Anvest gation by OCS, but not before Bi12 Fulton incorporated 1 into his attempted sting,Wnsie Hovant snd his Wife, through their attorney, were trying to make arrangonents for OCs to conduct their inspection without giving up custody of their baby during the pendancy of the investi gation, Fulton, Who Movant had met only once oF twice before, drove 350 miles from anchorage to Fairbanks and requested a neeting with Movant. Wovant agreed, but hen he arrived with his beby son and his elderly friend, sr. zerbe, he vas met not only by Fulton but also by Bennett and several other thuge ‘The "Polar Pen" prosecutors did not turn over recordings of this meeting but on other recordings Pulton himself describes vat happened. (Prom Sentencing Monorandun, pp 22-23) Re Fulton told Vernon on Pebruary 2, 2011 MR, FUUTON: Tho only reason I didn't break it off with Scnaeiser's group was Because of Schaeffer after that’ thing with tes: HR, OLSON: Yeah. IHR, VERNON: Yeah. MR! OLSON: $0, 4¢ oust have been pratty bad -- pretty tenge vith Les, fun? MR, FULTON: Oh, J wae exsoualy going to kL11 hia. URL ousow: ‘ze that" right? MR: FULTON: T was going €0 fucking end his existence on this planet. Yeah, I/vas not fucking around at all. khae hhapponod was -~ that vas last sumer vhon Schaeffer didn't Know which way it vas going to go with the cops, whether or ot they were going to cone try to'take his kid. “And easen~ Claily he" said schaeffer (snaudtble) hotel and they ware Sitting there and they vere talking and they said look, this ie what's going to happen. And when Lea eeid this to what going £0 happen after they'd left T started making (inaudible). Thad fecking trucks coming to pick up our appliances and fucking (inaudisle), because they said itvs ge, it's going to happen.” 59, ve had a nesting over at Aaron's shop the ext day.” Me’ze"ail standing eeound and there's people Coming ti, you know, “I mean, 1 was in, like, 5, 6 grand at tthe tine, ‘and z'my dike, okay if It's going to happen, you know, let"s doit. Tek. “OLsou: We'te ready, yeah. MR, POLTON: Yeah, andy ‘why so we're standing there and Schaeffer's supposed to be there but he had scsething else to oy go he's ike an hour late, so 1 vas drinking sone beers, fot that 1 normally rink during the day ~- I’ Just. saying. And the meeting finally starts, and verre calking and he ~~ Bok, Tes, what iz the plan hese? Wa have people in action. kev nave things -- events ti. oLgoN! Nappening. MR: FULTON: =r unfolding. ‘This ts your guy's show. What's your plan? and he's, like, well, ve don"t have a plan. =~ just fucking lost it, 1 1iterat ain Zoning over’ che counter;-and'T vas; “Iike, T"T fucking ste Oue theea® epei (inaudtbie) you fGcking“piuce_of shit. Waat ‘you dean you don't have a fucking plans I Wat, 1ike, Ehat's ali you guys do is fucking plan. what the’ fuck is your plan? “hell, ne thought you guys vould have one: (Sapnasis added) ‘2.4.11 pp 43-48) (LG tape was not playod for the jury] (zzoa sentencing Menorandun, pp. 21-22, trial Testinony Of Michael. Anderson, Nay 15/12 Day 6, pp, "36-37 Ar BLIL Palton wants to know, hats the plan? low are we Going to do this], And thon all of a sudden Les Zerbe pipes tip and he saye, there's no plan. We don't have a plan to, 30 thie," “And Ball Fulton, at that point = and my aenocy's Saitele vague and r'-- f don't remember if he actually pulled Gut a xnife or -- oF aot. T'would say ay monocy'f Like 50 Percent on thet. T'vant to say he did, but {can't say it Pfrmly. what r aistinetly renanber is "him kind of lunging tovard Lee gerbe and saying, "No plan? What do you mean, you have no plan? You're gupposed to have a plan, you tucking Pisce of shit. ‘I'm going to slit your throat, “I'm going to ELT oc, "ues." “nnd he kept -goind-on and-of and on And Les ‘erbelgnd-Sehaat¥er vere very cain and finally things celsed Govn a little bit after several minster of this nonsense. Kady you know, Schaeffer saya, you know, "We just don"t have Bplan. ke don't have logistics for this.” We can't do it." Syhat do you mean we don't have logistics, Schaeffer? I spent $30,000 bringing men and equipsent up here. You want me to Send’ then ali back?" “and Bil Fulton, you know, Bll] Fulton ‘was continuing with this. Schaester finally just. cays, you Know, "Bill, ook, ‘ive =~ ve never been ina fight. in’ my Eee! "Tve'never’ even panchod someone in the nose and T don't want tglatact nov." and thon Pulton says, ‘what go\you vant Schaeffer says, "Yeah, call it off," and go from that point on; St cooled down. it Looked Like Schaeffer hed convinced Palton to call se off After these avente Hovant becane fearful for his life. Wovant ‘avoided both Fulton and Bennett at all costs and was vory cautious rot to say of do anything that would upset either of then. (Fron Sentencing Hesorandun, page 20) We, cox iso expressed nis fear of being killed to people who 41d not teatify'at the trial including his father cacy. cox (tiie thought hie Iife was threatened by these informants, Gna day he and Harticame £0 our howe ana sae down to teil ne he thought they would Kill hin and make it look Like a urder/auioide.") Novant vooks For Holy -~ Movant sought help from several lew enforconent agencies and officials. Movant called Rex Leath of the state Troopers, who offered no help and declined to question Movant about the dangerous -n-people he referred to, Movant and his wife went to the hone of aguaintence and State Trooper Ren Wall who also declined to question Movant and offered no help. the "Polar Pen" prosecutors have furnished no discovery in relation to these interactions with nonfedaral agencies; however, Novant notes thet under U.S. v. TiLlean, 2010 U.S.Digt. LEXIS 78814 July 9, 2070 (DC Nev); U.S. ¥. Blanco, 392 P.34 362, 308 (9th Cir. 2004), they aze obligated to. Having received no help frou local police (who were previously ‘the object of Movant's anti-corruption initiative), Hovant and his ifs sought help fron the Military Police on PL. Weinuright, vhere Movant had been employed. what they told Movant and his wife was chilling. (rom Testimony of Gibson, WiLitary Police, Te. 15-252, 15-254, 155355) Ki And his exact words ware that with soma of the issues that =~ been going on with Schaeffer Cox, that, the OCs Sesue actually nay f1x"-= may resolve the =~ the probien that ehey Bad. sAné so the'U,S, Marshal said based off of that statement, ‘that when OC? vould go to Schaeffer Cox house’ to get his son, lav enforcenent would be present. He also seated that they believed, baged off of his stato. font, that Schaeffer Cox would probably use force to’ prevent thes’ cron taking Age ehild, and that sf he did so, then he Would nost likely be shot and Killed in this scenario. ‘That vas basically =~ a: Onay. Ai I'gave him the aiek and the redex 6: hat id you mean by with =~ he the. problem? Az Y'donte know vhat the problem was OE Wat was dt that you thought he vas Te¢erring to when ho Said fix the pro“ you may not now the proples, ase what as he referring co then he seid fiz the probien? Ar Whatever the preblen vas with Schastfer Cot, sf he wee Eiliea with o¢s attompeing to take his gon, then obviously Suything that had to go with him wouldn't matter anymore. Ae sone point after thst'=~ how did you respond te that? Wet ata?you a7 After the U.S. Marshal loft, my supervisor Yas present. And go T cofsilted with Ris’ about it. ile didn't wane to et involved. Ho gaia ne wasn't going to get involved. Sour worked a t2-hour snstt. “r vork ‘nan office, © have a conputer, stuff iike that, o'r got on the Internet, T started to do’ sane research anout sohasifer Cot. And 2 started to pull up information, you know, Tead.-~ read Shout hin, how hava run for public gftice, euee like that. Taidn't seo any reason =: Iveotldn't tell that he vas under dd that Lt would fix ‘an ordinary inspection wes conducted and the cat any kind of criminal investigation or that thera were any “"hesessarily investigations going on at that time. o'r looked hin up on Paceboot to Zee if he hada Fasasook Account and He @id, ‘sol sent hin s messago. 1 told hie Ivoula Tike to mec with hin. And he got back wien me pretty quickly and told me that he would be willing to Rest with me.” and so we did. hy 83a you feel that You had to do that? AI My goal Waa to resolve an iesuos + Hearing this frightened Movant and his wite so mich that th moved out of their house for their safety. (Prom Sentencing Honorandun pa 20) cr his friend Rickard Neff ("on nore than one occasion, before he wae counted asa fugitive, Schaeffer, Mart and Seth took refuge in our bono bocausé Schasffer’ feared the ‘Government was going to Isunch some intrusion to heem Ais fanily.") Myra floss told the probation officer that tr. Cox Fepeatedly taid that the government was “out to get hime” Fortunately, 0CS agreed to simply follow their policies and closed. this someuhat relieved Movant's fears; however, Hovant continued to ask for help dealing with the remaining threats posed by Pulton and Bonnett (both under Polar Pon's direction). Movant told everyone who would Listen about the situation land became more and more paranoid about the Agents the Military Police had warned him about, who were now rumored to be "eam 6." Movant eventually went so far as to give a television interview fon a local station in an effort to expose vhat was happening. movant shared his concerns with his friond whom he deeply respects, Nr. stove Cooper, who has heen the sole AUSA in Fairbanks for 30 years (Fron Trial Transcript, pp. 19-9 and 19-10) AUSR Cooper recalled: ‘BE In the == What I think wos propaply the last tine 1 had Lunch with'iie. Cox, not suze, bot I think it was in the Riddle of 2010 at sone tine, "eo T am not more accurate on Bates, But at that time me. cox conveyed his belief that there were people in his group that vere of a different hRindsat oF Set of apinions than those that were consistent With Ehe rest of the group. = ATRNPT 4, A Death-threst Uitsestun After Minino, Bennett, and Fulton, « man nanad Geralé Olson came on the scene. Olson stoked the fears that the pravious infor- nants had created,the jury: Horning of February 19th Audio File No. 02191 T-CHE-COR-VERNOH-BARNEY 08.58.16 (19.02.11) 2229234" 3.8, (FBI): What, what, what happens? Say, say, gay I) Ty Z vant to, I want to be able to know in my mind what's going’ to happen. ou knew, worst case scenario nov.” 1 vant to go through this. ‘say, say, say they, they cone for you tonight. Andy and eat doors dawns “How, haw are we gonna, how are we going to know fe get out there and defend you? You khow, cause a, they, if they shut down the Liberty Bell sonehow, and if we don't have that now, thon what, what Gove doin that situation, you know, Worst cate seonario? (This taps was not played for the Jury.J Olson, after being instructed by Fulton to do so, renewed Polton's daath-thrast ultimatum: (Prom sentencing Monorandun, page 23) Patton: Okay, so when you guys get back, what you need to do Sevnave a talk with Schaeffer, ‘And remind Schaetfer about what happened last tino when i almost killed Los. Olson: Yeah, he, renonbers that. Fulton: Meli, Tim sure he does, but T want you to rou hin. (2/5/13 transcript p. 130)(this portion of this meeting vas not played for the Jury) After successfully Keeping out the aforenentioned evidence, the prosecutors made these knovingly false statenents to soneaber ‘and Bill Fulton's going to be dova there, right? "But Bill Poulton I'm sfraia 2 trying to kill me.” Aaron Hennett Le going fovbe down there, the Aaron Sennett I'm afzaid ts trying to kia ae: Taupait to you, folks, you've got, five hours, of avdioy ‘okay. You ery to find a statement anywhere about "411 Fulton's Exylig to kill me, Aaron Rennece's trying £o Kill me," You're not going to find'its Yoa can look through ali the. docunents you Want, “You can go theough all 900 of then, You're not Joing to fend se. ase But the geal 12) you're not going to find any evidence ‘except what this guy’ {Cox) said on the stand last week, that Bill'Fulton and aaron Bennett were out torkill him, ind that's Why I've got. these big concerns, and that'g why 1 told the court Enis and ehatta vay I cola the court that,” “There ia nothing in there''= inthis ease, He didn’t tell this to AUSA Cooper, he Aun't Eel anybody that’ these two guye ware coming steer hin and that's vhy he did what fe did, That's part of the "blane the Governnont™ thing, Right, it's the govermaent’s fault that we're AlL here, Tks the investigator's fault chat we're all here. Sele Bill Pulton's ¢aule we're all here and Gerald olson, ot. cetera, You're not going to hear that. You're going to hear it, Bot itis not going to be substantiated. ws. And you heard the nan testify to you, after four weeks of trial, and he cones up with this story about the Palton conspizecy. ous Zt!s going to take snother step after this. We'll get to that, toor “Becduse, frankly, folks, he. tied to your. cial Teahscripe pp. 22-63,"22-70, and’ 22276), For two years leading up to this point, Movant hed flatly rejected the propasals of violence with which the infornants relent- lessly bonbarded hin. Even when faced with the threats of a knife wielding Bi11 Pulton and/or threats to his children, Novant still held that violence vas not the anaver. (Sentsncing Nenorandos, pp 16-17) cox algo emphasized that the. plan vould never actually work. tn, Cox! Even" of we folloved the’ two for one scenario Out what Tee ~~ ang this is from what I've aeen with even our guys and enft Like that =~ everybsay that, you know, the idea of Patriot [im end the iden of what vetre doing =~ hoy love he Sdea.but whae"cs what Tigee will happen 1f Chey gfab you and we go for a tho for One st's going to be Hi. Otgotn us three,” Wolly ve Bave Yernons cay HR: Cox: Ana you guys won't want to be savolved vith Lt unt They fail to Soe Snoughsufeietent force even an then to justify, you know, they'll Just stand and it vill be the three of us. xs oLs04: well, we'd have Vernon, wo'd have four Lonate, Because T think vonnie'd be right with =~ Me, cos Yeah, there'd be four of ue and {t will be real quick tnd it will bo over and they will c+ and all’ ehfe =~ and,ail itte ‘boon doing wilt just be gone avay and they'll say, ‘Hel, Koteas that was thats” And you know, he was a vacko. Just 1iKo, you know, the nadia. painted ham out to be.” And 1 think that’ ia Bevehe’eha of it, r'don'e think that ~~ Our war will Just be Over Lika chat. (Gove, Bx. Mde2s12011 pp 100-104). Sowers all on the sane page, um, uh -- the plan, as seco blufe it, pray, and work Covards it not being a Stutts and thon vat the mosent ay plan ie to hide, to avoid, if T Get bisted <8 T get captured, F's not going £0 doe nanbo, Fie going to do a candni.” So, fm not going fo carey an ID, I'm ‘not going to anVening. (emphasis addea) ‘The eacording of the February 19 meeting veveale that Mr. Cox Gltinately rejected the 2-4-1 plan.” This particular segaent was fot Included in government eubibit 24 of the Pebrisry 19 seeting But does appear in the transcripts at 140: MR. BARNEY: Verh, wo'ro all in thie together. But I know right ov, the atmosphere, 1 don't fool atta right to ~~ if we -~ if te take up aeas, it's going to be -~ 7 -- t wonder $f anything Would really evén come out of it other than we'll be goad and our ives and children wil be lett to thexselves, “1 don't think that any ~~ that people around us won't see us ae martyrs. - 15SPEAKER #2 No. hk, COL: Tt'ii be 9 geuttiess gesture, (emphasis added) [these tapes vere not played Tor the jury-1 -+_Hovant Flees Country To Escape Infornants -- fon February 4th 2011 a beautiful baby girl was born to Schaeffer fang Mozti (Novant and his uife). She vas their second child and Hirst girl. ese than 24 hours later, Movant received Fulton's renewed death threat: Pulton: ... remind Schaeffer about what happened lest tine when 7 Slnost kliied tes. [Sentencing Nemorandun, p. 23." This tape nas hot played for tha jury] ‘tuo years of coorcive intimidation from informants had riven Hovant and his vite to thelr breaking point. the birth of a child coupled vith the latest threat from Fulton put then over the edge and they decided to nove out of the country. [Sentencing Menorandun, p. 26) Cox also nade it clear he planned to leave Alaska to avold a confrontation vith the government. Me, Cox I lost my house, my business, ay whole fortune because that's okay, you know. Ang I could, if 1 was Looking for a Hane’ ana T'vae. feeling Vengeful ~~ which uhat?s weoag with feeling vengeful, man?’ We've been wronged ~--1 could’ go out and Teould sock it o them, and that would satiety ay aninalistic Fesction to their, theif wrong doing -- rishtoous wrath Enough ifvnay be. HR OLSONE Manne. AR: Cox: But it would -- 4 vould be a detrinant co the war, and 50; bectuse T believe you, that se losing everything and. Just ‘atking avey tron ity et'ne your'-- back to your fesena' Container and get smiggied thFough Canada with nothing but 2 gym bag and Tiflo, and we lose everything and let the scales feep eloping, that's unst"T ~~that's'what'x thine has the brightest future for ay =~ for ay faaily. ‘a, Ousons than WR, Gone ataune oniy when there so future and there ts no hope for ay wife and’ €or'ny children ean T then spend ayeol, Only in costing - ema te. “onson? nnchna, Goes egause coxting the enony 1s not ay objective. YR, COX: T would forgive thom and have all sorts of redemption and go to a picnic with thon if they'd leave me alone. mR. OrsoM: Yeah. HR: COX? You know, T don't’ have hatred toxarés then. (this Cape wae not played Zor the Jury.) -16- However, this decision aid not alleviate the iniedtate denser that Fulton presented. Movant had boon sternly warned of the consequences he faced if he continued to refuse to plot vielent Novant was avare of Fulton's violent reputation and had indeod experienced it fixet hand. the last tine Hovant aid no to Fulton's violent proposals, Felton flew into a rage and started attacking people with « hunting Knife. Fulton's threat was credible and caused Movant to reasonably believe that he vould be killed if he rejected Fulton's proposals. Hovant needed to get out of ehe country without Letting word got to Fulton that Movant vas still unvilling to act out violently. ‘The PBI noted this: (From Sentencing Menorendum, p. 23) sutherland, Richard A. Jr- Klein, Sandra a7 Loeaseid, Lisa A. Briday, March 04, 2011 5:33:00 BM SC 1s fot willing to meat with CHS-2 [Fulton]. Does not want hin to know he ie still in Fairbanks. wants Ciis-1 to'broker deal. SC willing to neet "trucker" to Giscuse Exanspore. Rick Sutherland Te was daring this tine that wovant regretably, but perhaps understandably, svitched from just saying no to giving qualified Gonials and other openended or noncomeittal annwarn. Movant wasn! about to agr: Olean pushed all the mort (roa Addendum to the Presentence Report ‘Document 535-1: *Sealog! Page 19 of 96 and 80 of 96 Prancis Schaeffer Cok, 3:11-cr-00022-RIB-1) to commit a crime, but now he covldn't say no either. From: Skrocki, Steven (USAAK) Sent; Sunday," rebruary 13) 2011 4:12 0H ‘To: Loeffler, Karen (@anak) : Subject: Cox’ (long enail--gorry) Listened to conversation Fron last night. In sumaary, they are Sieking around ideas. Ny advice, do not arrest if him he doesn't show (géei, but Yate the werrent and'iet it sit, .+~ they discuss ot being strong enough to" inpoee their views on the rsle of Lave They discuss everything fron 2 ¢ 1, 9 fleeing, to the rapeure Coming and waiting for that. zn my view, che PB: source t= Pushing Cox'a bit too hard on not getting arrested, and the source agrees too mich in moving thet plans forward which would generats atesponse, whether violent or net. The source adds, why don'two make it 5 4 1 (not a good idea, FB has to fix this) After Sone discussion of "2 41," Cox sage, "we're just speculating here,and I'vant to hear whore you stand. ..+ Cox's stated thoughts are "uo are not strong enough to execute oF follow through” ane Says they should do everything we can to avoid ity... the Source says, "we can get other militia's to support Go"-anothor Gkanple of pushing." Cox saya, "we vant to bluff then, sng. pley and erain®.-..- And asks, tuhat do you guys think about Chis then and artar getting various responses, none saying Let's go Grab of harm people tonorrov —- ho ends at vith "blut® st, play and dream"... He says "at the monont his plan tonorray is'to lay ou, “Gnaié he gets caught to pisy Chandi, not Rambo"... (ag8in, ine Gualities almost everyihingeit's very obvious he wonte wiggle Fooa.} Movant was dye in court for a low level aisdensanor that had resulted from an arrest that occurred during an anti-corruption protest the year before. Fulton stated that he and his friends intended to use this charge as an excuse to act out violently. Audio Fale So. OX 10.06.17 (12.02.11) tr23s55 SCHAEFER: And then you got to worry about loose cannons ike Aaron (PBI). ‘S.R. (PBI): We12, well, B12 (FBI) and Aaron (FBI) are ready to gee ai24sa5e SCHAEPFER: I think they are, too hedonistic. 5.2, (p01): (3.R, (POT) said that BL11 (FBI) had talked to hia’ hout) getting ready to cone up and that he vould be ready, le needs & to day notige to, t0 a, £0 cone toa, to get all Ais ‘on’ this February 14th on your court date. Um, he said they're. Seady, they're ready to go. He can have his guys rallied ang Founded in two days. Andy and, uty ya Know, “Just let Schaetfer Know. Get the vote, get the word to Aix somehow ‘aeassto® SCHAEFFER: x guess that's kind of the thing. z'm getting out of hers. (this tape wae not played for the Jury] ~-_APTENP? 5, Digable Vehscle -~ [At this, Hovant expressed his intent to leave the country for his safety, packed up his wife and children, and drove toward Canada. Olson caught up to Movant the next ay and disabled vovant's ventele. (roa a letter fom Attorney Robert John to Attorney Suzanne Billete) aM OFFICE OP ROBERD JOHN P.0. Box 73370 Paizbanks, alapka 99707 -18- 907-456-6056 907-456-605) FAX Novenbor 12,2013, ‘one thing that surprised me about the government's response co the motion to suprase and to disniss was that ehe government fade Little effort to dispute the facts,” There vas no affiaavit Eon 3.8, Olsen oF anyone else to Gispuce what Schaceter said. Perhaps that {2 not surprising since the government's own Fecsrds Svidenced the trucker suse and Sehastfes's exhausted etace at fhe tine. In any event, because the governnent bears the burden of proof’ (at Least.as £6 the varrantloss-scarch-and-seizure Yeates) and schacffer had thoroughly articulated his actual and Eeasonable expectations of privacy in his aefiaavit, and there Gia not appear to be a dispute about the underlying facts, ve id nat request an evidentiary fearing. As T recall, when ve argued the motion to the Court, AUSA skrocki did not address the Issues in the zotion, but instead went on and on about what & Gangerous san Schaeffer vas. Having now updated the research, I continue te be struck by the fact that the action of Jk, Dison in restraining gehaelfer tovFaizbanks are above and beyond anyching T found an "invites informer” or other government agent being allowed to do.” Olson Certainly sist have panicked when Schaeffer announced ha was Teaving on February 19,2071, but Olson's desire to save NiaselE From punishment cannot’ justify Olgon renoving the battery {zon Schaeffer's vehicle and perpatseting the trucker rise to! keep JHow stranded and having been led to believe that Fulton would ‘act out violently given the lightest excuse, Novant accepted Olson's offer to arrange a ride out of Alaska with a "trucker." There was no trucker, it was sinply a ruse to Keep Hovant from finding sone ‘other way to leave the country. ‘the “trucker” wag "delayed" for several made up reasons. During ene time Oleon told Movant that ho needed to compile a list of otticsal the country, the FBI acknowledged this: (Prom Sentencing Wanorandum, page 19) im an e-nall dated March 3, 2011 —* a mere 7 days before the afvest of Mr. Cox, SR suthorland wrote? ‘Any ides of Cok's intention vith the “set,” copecially in Ligne of the fact that he ie leaving? rs this the earget ‘Hidt‘on re'ana judges? Yos, the Tist of 1e0"s and targets. Ho known intention other than nore potential deterrents. (emphasis added) -_ATTENPT 6, Weapons in truck -~ olson also tried to get Movant to agree to purchase weapons While it was talked about, no agroonont was reached as mesting the Movant, hovever, was only interested in getting out of oe"trucker" and leaving vas still Movant's singular objective. The "polar Pen” tean arranged s "take dovn" that accomodated this. Olgon was to give Novant a ride to meet the “tricker" then offer him a silenced pistol and a hand grenade to purchase. In audios kept out of trial,,Olson is heard calling his FBI handler prior to the "take down" and explaining that the subjects haven't agreed to purchase the weapons and inguiring ae to what he should do with then 4f they are rejected. In the minutes leading up to arrest Movant still had not agreed. (ison Trinh Hahkpit 38001, pager 5 a0 6) wa, Sea, Wa, WEES EES Gaatly Goon, though. a noni, theyine pratty fafys” alt till you ste ents. "ny but Phe" dslentel ah? GP be fon't Like het, you kon ieagina, geags eal Hal"eake thon Q'anlay t don"t = 7 fo knouy"ahac e-"baasSaily he doesn't want f0°go\back 8 = Se'pack fo\natnorage' vith thes, s0'Re'll' = he'll hind of cake Shatever we give tin, na okt Ha Skepticnt jn’ Susons = ne doo nave orenades. and they're 50 bucks apiece. that in'géet‘dovn’ on tote and hey'fa they Oh -~ what Bee eye tone Stee ne Sons Pda know. once they arrived at the iéling 10 vheeler that Hovant believed sna nis ride, Olson placed the wespons in the vehicle to be inspected. Tut Dofore they cotld be accepted oF rejected Olaon etited the Olson's pick-up and Movant was arrested. 1m sun, the Polar Pen Task Force, repeatedly inserted undercover Anformer/operatives giving Movant funds, gifts, attending his rallies, txying to induce Novant to make any agrusnent to violate State or Federal lav, enter into any conspiracy to violate any Federal or State laws, or agree to or plan any acts of violence, ‘These efforts were hugely unsuccessful even after using fear, threats, and duress to try to induce Novant to agree with operatives and Join the proffered conspixacy. nen Movant would distance himself fron those agent provocateurs, ‘and after ho declined various offere, nev undercovers were brought in, Bi11 Fulton was under the direct control of a female FAT Agent. -20- assigned to Polar Pen and working closely with AUSA'S including Joseph Bottini, Nick Marsh, and others. It 1s inconceivable that while being closely supervised by this fonaie agent undercover operative Bil1 Fulton would have wandered off range and target to join United states Senatorial Candidate Joe Miller's campaign staff, becoue his chiet of security for the campaign and promptly arrest, handcuff and throv to the ‘ground prominent neaber(s) of the Alaskan Anchorage press and by 20 doing destroy Candidate Miller's huge lead resulting in a 10,000 vote loss to Lisa Murkowski. ‘This happened and will be explained @ little later. When Movant rejected all offers to possess or buy d1legal Sivenras or attack state or federal officials, he vas first charged in atate court by the Alaskan State Police Polar Pen Task Porc. ‘when Yovant vas able to have these outrageous charges dismissed land decided to leave the State, Federal PET agents then devised @ chene to pravent Movant from leaving and set up the following ‘situation. Novant wan tol by JR, Olson (a person offered over 300,000 dollars and inmunity fxom nunerous state and federal offenses) that hho had a driver to take hin out of state and that they needed to 90 meat the driver. after telling his PBX handlers that he aid not believe Novant would accept the weapons. As soon ae Olson was in the truck with Hovant, land handed then weapons, he jusped out of the truck and hit the ground as agents arrested Novant on those firearme char9t Olson stole over 30,000 in gold from Movant and his wife while helping Movant move from his hone. Agents did nothing to investigate this theft. Movant made nunerous efforts to tell state and federal officiats that his life was in danger and that there were people pushing him to violence. this fell on deaf ears, because the sane police and U.S, Attorneys and others fron whom he sought help vere Anvolved in the Polar Pen puch to coerce and induce Novant te coamit {legal acts. the AUSA's and PBI agente continued to violate Brady, Giglio, Kyles mandates, continues to conceal their misconduct, fand deny Movant due process of iay leading to a manifest miscarriageof justice and an {itegal conviction during the very tise this court vas investigating their related aisconduct. jolar Pen" Patterns of Misconduct -- Tt {a the position of Novant, as well as several attorneys Familiar with the case thet the "Polar Pen" team impersissibly lused coercion, death threats, and actual physical violence in an attempt to induce the comission of a crime. Movant, having no criminal past or asgociation with the rougher elenante of socsaty, and having been raised in @ loving and law abiding hone, naturally las overwhelmed with fear, Frankly put, Movant aay have fared better had he not been such a square. ‘The Polar Pen team kept cut the recordings of the death threats being mage, failed to comply with their Brady, Kylea, Giglic obli- gations regarding the first tvo informants as wall as Yovant's interactions with nonfederel agencies, kept out all state of mind evidence and barred any azgument about their motive for bringing the charge. They chen made knowingly false statements to the Court in motions practice and to the jury in opening and closing argunente. All of which deprived Movant of a fair trial. Wore it not for Movant's inability to print files from the case files and discovery, this Statenent of Pacts vould have contained a Ear greater number of corroborative exhinite, ‘The state of mind evidence vas especially crucial to defend against the conspiracy to aurder federsl officials charge as there ors no overt acta or spect#ic object to support that count, only fan alleged hypothetical willingness to do something te somebody someday. Had the jury boon able to review even just the Little bit of evidence presented in this action, they vould have known that Movant vas scared and running for his safety, specifically because he WOULD NOT agree to conmit a crine. Movant believes this vould hhave changed the outcone of the trial. Movant algo believes that the government and its undercover ct's/operatives used illegal coercion, threats of violence, ané an actual violent knife wielding confrontation to induce fear in an labtompt to cause Movant to conmit federal crimes. Moreover, the eae ‘overnnent orchestrated a scenario where Novant believed a special government tear or “squad six” would create a confrontation where he and/or his fantly could be killed. This government squad aia not exist, but government actors made Hovant reasonably belseve ‘that (t £4, and he becane more fearful of the government and certain undercover operatives. Meanwhile, another government operative was preying on the fear to induce Novant to violate federal evs. Nad the government nade proper Brady, Giglio disclosures a2 to the extent of these threats, acts of violence, potential threats against Movant, he would have had a duress - justification defense. se las v. Kelehner, 304 7.34 256 (34 Cir. 2002)(Thraste by undercover operatives to induce illegalities by threats of violence to defend- ant); U8. ve Gonaz, 92 F.34 770 (Sth Cir. 1995) and U.S. v. Contento- Pachon, 723 P,24 691 (Sth Cir. 1983)(Duress and Justification defenses closely related); Arizona v, Fulainate, 492 08 at 287 ("Coercion need not depend on actual violence by a governsent agent; a credible threat is sufficiont."); Schnockloth v. Bustanonte, 412 US 218 (1973) (defendant "2 confession involuntary if the government's conduct causes the defendant's will to be overborne and his capacity for f-determination critically impatzed) at 226. Movant will not be alleging outrageous governnental misconduct uring the Polar Pen entrapment reverse sting operation because, Like "sig ¥oot," a tanaing of overageous conauct appears to ne a vere antaal, See U.S. v. Dyke, 718 P34 1262 (10th Cir. 2013) citing U.S. vs Russell, 411 US 423, 429 (1973) and Hampton v. U.S. 425 Us 484, 489 (1976); and seo U.S. v. Payner, 447 US 727 (1976). owever, Hovant does contend that governmental misconduct, use of coercion, Brady, Giglie supra violations, knowing us perjury, false statononts to the jury’ in opening and closing arguments, and nigcharacterizations to the trial court in suppression hearings ‘and notions in Lining deprived Movant of fair defenses and violated other protected rights of your Hovant. See Payner, at 1d. at 737 1.9, "sse[TIhe Lnitations of the Due Process Clause...coe into of uncorrected Play only hen the government activity in question violates sone protected right of the defendant." Mad the governsont nade proper Brady-Gislie disclosures, had -2-it not engaged in knowing use of perjury or false statements, then ovant wovld not have been deprived of vieble defenses, vhere even AF there was the necessary sens rea or actus rea for these offens (hich Novant dentes), the government's conduct forced the Hovant to engage in said conduct or induced hin to conmit «crise he vas hot predisposed to commit. In Sorrells v. U.S., 282 Un8. 435 at 442 (1932), cited in UsS2, 386 U.S. 369 (1958): Wowever, a different question ie presented when the criminal design Sriginates vith officials of the goverment, and they implant. inthe mind of an innocent persos the dispoettion to ‘connit the alleged offense and induce its commission in order that they may prosesute ‘Thus, Movant will show that said governmental misconduct deprived him of his due process rights to present viable entrapsent, auress— justification Gefenses, and an imperfect entrapment defense at Sentencing. See: U.S. vs Stauter, 38 F.3d 1103 (9th Cir. 1994) (Goctrine of sentencing entrapment applied); aid U.S. v. McClelland, 72 ¥,38 717 (9th Cir. 1995)(Renand for resentencing based on witness [undercover agent} conduct gave rise to imperfect entrapnent defense and a proper sentence reduction) « Movant will assert Besdy, aura, Giglio, supra, Xyles v. whitey, $14 U.S. 419 (1995); Napuo vs TLinois, 360 U.5. 264 (1959); Midler v, Pale, 386 U.S. 1 (1967); U.S. vs Agurs, 427 U.S. 97 (1978); and U.S. ¥. Bagley, 473 U.S. 667, violations where use of known False evidence, false statenents presented by the governnent to the Jury in opening and closing arguments and to the trial court prevented Novant fron presenting an effective defense. Without said cumulative wiolations Movant agsarta the cutcoae vould have been asfterent. For example, AUSK Lamoureux told. the jury in opening arguaent, you'll hear that Schaeffer Cox told people that he ves a plot by the fedaral government to kill him and his family. Me'ze going to prove to you that's nonsense." ‘Tr. Tran. 2-4 Lines 12-18, Yot FBE agent sutheriend testified whan Novant vas arrested, the first thing he did was asqure Novant his wife and children vere sefe and would not be harmed because he had heard Hovant state on nuperous occasions that he thought there was sone type of federal sherman v, jolieved there - 2 azcasein tean looking to Kitl hia, and agent Sutherland knew he (sovant) had said he belseved federal agents vanted to do harm to hia and his faaily. (veom trial Transcript, pp. 13-213 and 13-214) 9 what did you tell Scheeffer Cox right at’ the beginning of Ene nterviow wien hia? A'® the two things that I renenber telling hin at the beginning here thet his famiay vas sefe and vo would wort very hard to. dake sure that they stayed Mnathen ofeer that, 1 told hin that r heacd nia state on nunerous cccasions that’ he thought there vas sone type of federal assassin team that was {Coking to ki) himes-t =< I knew that he had said before that Ae’belloved federal ajente wanted to do harm to hin and his fenly.s.we understood’ thet at the Sarnay house there. were. Seversi women and =~ and numerous children and that we” would Eespond accordingly, “And T'used that as a caveat to let hin Know that I-wee Being Vory cautious about treating his family and that they would be safe. liad the government properly met its Brady-ciglio, supra, obligationa and not made use of known false evidence -~ testinony Movant could have shown that this fear of federal agents vanting to harm him and his family was # scenario created by the Polar Pen Reverse Sting Tean, and said fear wae continvally bolstered and reinforced by FBI undercover agente in an attempt to induce, through fear and coercion, {llegal acts by Movant. However, it actoally Anduced fear-flight instead of foar-fight. ‘the sane 2 true of the use of threats of violence and actual Las Zerbe, though in closing end throughout trial the prosecution completely denied this, claiming it wes a Lie made up by Movant fon the stand. ‘There were no crimes committed. Instead, the governsent piles inference upon inference based on foolish but protected 1st amendment sposch that was induced by threat, fear, and coercion. Set We UsSe, 361 U.S. 672 (1959); U.S. ve Kerley, 838 P24 992, 939 (Tem cer. 1900). Indeed, even the District Court was confused at the conclusion Ingram of the Polar Pen tean's case. 25(rom trial transeript, pp. 15-31 ane 15-32) rue COURT! Well, here’ the cheng, saa Little troubling £0 mec here vere no fedeval agents that ve know of. ‘Theve might as well have been little green men fron Mars. and Go is it's ~~ is the existence of federal agents or the Likelihood Of federal agents coning to arrest Mr. Cox'~- ig that 2 condition Péecedent that has to be net here with sone evidence sn order Eevget to a conspiracy. =~ ik, skxockr? we gon'e ‘ie COURT: ~~ that's realistic -- you know, realistic conspiracy? ‘The District Court was confused because, Just Like judges in all 4 related political cages, he had been misled by the "Polar Pen" AUSAS. I€ the court vas confused by the Polar Pen tean's aisrepr: Sentations, it ie quite reasonable to infer that the jury may also have been confused. Novant vas not alloved to present state of mind or motive evidence as an exception to hearsay due to the government's successful notions in Linine, there vere 200 hours of covert recordings, 3 to 90 second clipe vere used at trial. ‘here wore hours of Movant repeatedly rejecting the government's agents’ pushes to induce Novant to engage in purchases of illegal veapons or conspiracy to har federal ofttotale: which Novant reasonably helieved= that there were federal actors who wished to hara Movant and his fasily. Novant was not alloved to present state of mind -- motive otates ronmaalad Rf hone Aahriaéing by FBE Agent Sutnertand and a state police, Scott Johnson. How unusual ie it, that the government aid not vant to allow the recordings between under cover operatives and Movant to go to the jury? How unusual de it that the governnent did not vant an 8 hour uncounseled interrogation between the FBI and your Novant, te go to the jury? CE g.R. Olson's theft of $30,000 vorth of gold coins belonging to the Cox family is an example of ongoing Polar Pen misconduct. he. Rolly Port's investigative reports on the theft compiled much evidence, The theft itself vas captured by J.R, Olson's own recorder £ faven after said agents created the } non. mamet 6. Suttivan ; % > , Urs, Diseriet Judge In the Matkey off In Re Special Proceeding vilea: 9-26 ~ (4 CORFIPICATE OF SERVICE AND VERIFICATION oF FACTS Comes Wo Peancte schaat fer bor, bokig w pith cits Ge tho usited Stleesr"sver the age of aisoriey, and rabject to stsaliy'G@ estSety Ghie‘Se Ole Strtey and‘sa'an incazeerated Tedigeke"pelsober” pecssediog’ ia pree‘it’tefaone, ‘pursuant £0 Pins Aare te), Hobalan ty Lack, 166 8.08. 2598. (1958) and a0, SctiLEY end’ tab Baste peacoat tn ey altached sotion tor Rocens SERRE ott ho Che tons Senet Sr sullivan Of tavestigntion warnuant BE che’ehuct’s apeli"s, 2005 osage* andor’ sntatestea-Affectes Tha Eajored abe Pacty betitionests motion x0 Reopen apeciat HrbcceAlSge Unter inte tute e0s(a) f(a) "For Feed opon the Exust’sy Cactain parties af Snescent™ are true and correct to fhe‘ ost of ay tncviedge ana belies certify T have sent an original to the Clerk cS. pistrice court for the District of Coluabia, a vith proper U5. Firet Clase Postage duly affixed thereto for posting in the U.8. First Claes mail’. BY Proper uoyal Mail posting as per federal BoP Policy, that same JerFsied once goliverea eo proper PuOP orficiale on’ this Ze Day of May 201%, and the sane shall be served on all intezested patties electrofically by the Clerk of Courts So swear I, under pensity of perjury. Sworn & attested below HOP Reg. No. 16179-006 £0 be ay thuxb print brs, Penitentiary =~ Marion Eh Ghectce oF atantaey. Blo: Bow 1000 Harion; Hilineis 62959 Thunb print of Sohnefter Cox