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Show 'yh t kj ' CANAL NEGOTIATOR WAS ALLENDE AGENT PAGE 10 V The khk Independent Dedicated-T- o Vol. 8. No. 9 The Constitution, Liberty, Morality, and Truth 25C Salt Lake City, Utah 84115 r March 3. 1977 Doctor On Trial Dr. John Richardson is on trial in San Diego,, California, along with a dozen others, for conspiracy to smuggle and conspiracy to receive smuggled goods. The doctor is acting as his own attorney, and the following is a condensation of his introductory remarks to the jury. football and served on the student council and honor court. After being graduated I entered medical school at the University of Rochester and upon completion of my studies received a fellowship for medicine and surgery at Mary Imogene Bassett Hospital in Cooperstown, New York. Continuing to prepare myself for practice I accepted a fellowship in ear, nose, and throat at Kaiser Hospital in San Fran- Malicious harassment continues as John Richardson , a courageous California physician , is dragged through a fourth trial for challenging bureaucratic orthodoxy . Ladies and gentlemen of the jury: You are sitting in judgment of a case that may be one of the most important in American history. The issue is not smuggling, but literally whether medical science is to be frozen by bureaucratic Hat. The lives of millions are in the balance. I am charged with conspiracy to smuggle but the purpose of this prosecution is not to punish a smuggler but forever to chain the advancement of medical science to political whim. Let me. begin with a short biography. I was in college when our country was attacked and forced into World War II. I quit school and joined the Marine Corps. After successfully completing the Officers Candidate School Training, I served in Guam, Saipan, and China. Following the war I returned to college where I played cisco. tI It it. Finally, in 1956, 1 opened a general practice in Albany, California. It grew rapidly and I became both professionally and financially successful. I stress this because, as we all know from watching Perry Mason and Sherlock Holmes on television, a major element in judging those charged with crime is to examine motive. Why would a professionally and financially successful physician risk everything to become a smuggler? Surely that is something we associate with professional criminals or people who are desperate and have no other way of making a comfortable living. That is clearly not the case with myself. I am here before you today instead of at home in Albany treating my if Continued on page 8 5TH AMENDMENT STAND OR FALL Tom Donahue The Biggest News Story The most dramatic news event of the last decade is not the presidential election, not exchange visits of UTAH INDEPENDENT 57 Oakland Avenue Salt Lake City, Utah 84115 Uceond Claes Postaga Ptidat 1 Cdt UbOty, Util I foreign heads of state, not Watergate, not space flight, not the Vietnam War, not even New Yorks financial default. It is the shift in the strategic balance of power from the United States to the Soviet Union. Fourteen years ago, the United States had nuclear superiority over the Soviet Union of eight to one. Today, the Soviets have clear superiority. Russia even has a navy with twice the combat ships we have. Yet, despite its overriding importance to our political independence and economic future, the dramatic decline in American military power is treated as a by the national news media. Even the unmentionable escalation in venereal disease rates is more discussed than the new American military inferiority. The question is, why dont we hear, see, or read about it in the news? Although some people explain this silence in terms of an alleged bias of the press, there are other causes. The first explanation is the compulsion of the news media to report only news that happened today not yesterday, not last week, and certainly not last year. The media are highly competitive in reporting the latest scoop, and they' hate stale news like the devil hates holy water. However, the shift in the strategic balance is not reportable as something that happened in a of sophisticated day or a week. The long make it that be event an can seen only from weapons the long view of a year or five years or ten years. If you were to plot on a graph the statistics of the U.S. decline and the consistent steady, Soviet increases in nuclear striking power, you would find that they pattern into two straight lines which form a big X. Time is on the side of those who use it, and the record is clear that the Soviets are using it. The second reason is the way Defense Secretaries use bureaucratic doubletalk to conceal their failure to keep up with the Soviets. For example, their favorite phrase we have retained the option translates into we are doing nothing now and wont even make a decision until some time in the future." non-eve- nt anti-defen- se pro-disarmam- lead-tim- es 14-ye- ar 14-ye- ar Continued on page 6 This article may be reprinted without specific permission from the Copies of the Garner Decision will be furnished at $2.00 each to cover costs of printing, mailing and handling. More detailed or updating information may he had by contacting the author through the Utah Independent. U. I. On select occasions in the past the Utah Independent has spoken up on the issue of the U.S. Constitution vs. the I.R.S. where it has felt that perhaps through lien, threat of prosecution, or governance, people have abdicated their rights under the Constitution and submitted to I.R.S. demands. However, over the past several years a growing concern of many that tax monies were being put to fraudulent use has motivated an in- creasing number of honest American citizens to ascertain their rights granted to them by the founding fathers, and to apply them in protecting against the oppressive actions of government. Good cases in point are the recent decisions in Idaho and Utah declaring the Occupational Safety and Health Act (OSHA) unconstitutional. On March 23, 1976 the U.S. Supreme Court handed down the Garner vs. U.S. decision incorporating in the latter a clarifying discussion of the fundamental right against as embodied in the 5th Amendment to the U.S. Constitution. This discussion was sharp, uncquivocating, clear, easy to understand and carried the history of decisions back 50 years to the landmark U.S. vs. Sullivan case U.S. 274 U.S. 259 (1 927) affirming and enlarging upon that case and numerous citing intervening decisions. The latter Sullivan case made it very clear that if the citizen were going to claim the protection of the 5th Amendment he must do it on the tax return saying:If the form of return provided called for answers that the defendant was privileged from making he could have raised the objection in the return, but could not on that account refuse to make any return at all. The Gamer case deals with a gambler whose conviction for gambling conspiracy was made certain of his by the introduction previously filed tax return. The U.S. Supreme Court noting that if Garner had had the least suspicion that his 1040 return would be used at a later date to incriminate him, then he could have legally withheld any and all incriminating information from the I.R.S. at time of filing. The Supreme Court made this very clear when it said: Unless a witness objects, a government ordinarily may assume that its compulsory' processes are not eliciting testimony that he deems to be incriminating. Only the witness knows whether the apparently innocent disclosure sought may incriminate him, and the burden appropriately lies with him to make a Continued on page 3 - |