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Show PERIL CARTER DID NOT RE tafc V UfuRhA The G E 7 SERI Independent Dedicated' To The Constitution, Liberty. Morality, and Truth jcrttititiicifific'kicirilitirifitiritifiticiirititiKifiHriHHr'ir'ir'ir'k-'ir'ir'ir'fr'tr'fr'ir'fr'ir'trVol. 8, No. 42 - 25C Salt Lake City, Utah 84115 October 20, 1977 cases, and in almost every one he counsel, not the holdings of this either makes a reversible error or Court shall interfere with the . ..this petition because, in our Within the past 10 days the view, respondents conduct of his acts unlawfully in a way that would conduct of his court. He feels no U.S. Department of Justice in the court speaks for itself. We have prevent a conviction; Judge Ritter responsibility to the litigants to persons of Wade H. McCree, Jr. summarized in the Introduction at will not allow the prosecution of explain or justify his decisions. He (Solicitor General) and Ramon M. pages 4-,supra, the brunt of our misdemeanors or petty offenses, brooks no argument and does not Disconcern. The authority of a district even though state courts lack the tolerate even opChild (U.S. Attorney for the 10th his views. He the with trict of Utah) filed attempts judge over the conduct of the jurisdiction to try such offenses position to his such in make decisions within a way committed a in to federal is Denver enclaves. so great that a judge Circuit Court petition courtroom that this Court will be unable to for an order to remove from Judge determined to defy the applicable Thus, there is no functioning We do not Willis W. Ritter (Chief Judge of legal rules can do so at least when federal court for civil cases or tax correct his errors. U.S. District Court) the power to the Double Jeopardy Qause summons enforcement, no believe that a judge so disposed hear any and all criminal and civil prevents a second prosecution. functioning federal court for should be permitted to continue to misdemeanors and petty offenses, bear primary responsibility for the is cases in which the U.S. government Even when appellate review is involved. feasible, a determined district and , in a very real sense, no administration ofjustice in Utahs The petition itself is com- judge has ample power to frustrate functioning court for felony cases. federal courts. " The problem in respondent's We do not impugn resprised of 1 59 pages of information the administration of justice. We believe that the ad- pondents capacity or honesty as a court is pervasive. The statement against conplaints detailing Ritter, backed up by over 800 ministration of justice has broken judge. Our concern, rather, is that of facts in this petition is concerned almost entirely with cases respages of documentation, all of down in the Central Division of the he has become a law unto himself. which covers only the last 2 years of District of Utah. Nothing can get He invents and follows his own pondent has heard during the last around these simple facts: Judge rules, is swayed by his own two years. More important, it dishis operations on the bench. Below we reproduce verbatim Ritter refuses to try federal civil preconceptions of legal procedure, cusses almost every one of resthe basic argument contained in cases; he w ill not enforce IRS sum- and is determined that no outside pondents recent federal cases. the governments petition at pages monses; he tries only a few criminal force not the arguments of Few indeed are conducted with the By Tom Donohue 113-11- 6: 11 well-manner- Paul Scott air-launch- ed thousand several now deployed and operational. In sharp contrast, only a few of the new U.S. short-rang- e and none of the American long-rancruise missiles have yet been deployed by the military services. In fact, the current U.S. efforts to develop an effective cruise missile should be regarded as an American attempt to catch up with the Soviet Union and recover the time lost by U.S. abandonment of its own cruise missile programs in the early 1960s. These arc some of the hard-nose- d findings of J ames E. Dornan, Jr., a senior research consultant at the Strategic Studies Center of the Stanford Research Institute. have ge Now circulating among members of the Senate and House Service Committees. Dornan's conclusions were developed after months of studying the latest information on both the Soviet and U.S. cruise missile Armed programs. Significantly, the Dornan findings also shed some new light on Soviets arc trying why the desperately to limit the range and the deployment of U.S. cruise mis-siin the current Strategic Arms Limitations Talks. Their number one objective appears to be to hold on to their ks I i i cruise missiles. sea-launch- ed As Dornan puts it: The Soviets already have a formidable stable of cruise missiles with considerable military potential. To be sure, when compared with the advanced air and cruise missiles now being developed by the U.S. (but only in miniscule produced sea-launch- numbers for ed and Research Development purposes), the Soviet weapons are shorter in range and possess less sophisticated guidance systems. Military effectiveness, however, cannot be regarded as with synonymous necessarily technological virtu osity. Due to the preference of Americans for coastal living, the Soviet cruise missile force, if used during wartime against targets on the American mainland, could destroy at least 50 percent of the American population and a substantial part of the U.S. industrial capability as well.... The U.S., on the other hand, if prevented from deploying long-rancruise missiles of variety, could , because of the great distance of most Soviet targets from the scacoasts of the USSR, develop no comparable capability. ge sea-launch- THE ed DEVELOPING Continued on page The United States has, during the last several years, attempted to gain some measure of relief by appealing respondents adverse decisions whenever we consider them legally erroneous and appeal is available, and by seeking writs of mandamus from this Court. Our efforts in this regard, and those of this Court, although helpful, also have led in many instances to retaliation by respondent (see pages We have witnessed a supra). in the relations deterioration between respondent and the United States Attorneys office to the point that court sessions now are occupied to a considerable extent with verbal abuse by respondent of the attorneys for the 96-10- 6, Continued on page 4 Tom Rose that the Soviets have built more stragegically important but little than 5,000 cruise missiles of all discussed superiority over the U.S. and highly types during the past 25 years and in operational The Washington: publicized U.S. superiority over the Russians in the development of cruise missiles is still very much on the drawing board. What isnt generally known is court. POST MORTEM RUSSIAS CRUISE MISSLE LEAD By ed care and impartiality that litigants have a right to expect in federal 1 1 American Enterprise Publications Plano, Texas 75075 Mammon toward About ten years ago the Christians in faith their instead of strengthening president of a Christian college which I have a heart interest con- in the sovereignty and grace of vinced his board of directors that God. the school should accept Federal (3) The hidden hook of Aid. government control that was sure I At that time wrote the to follow acceptance of president, who was a personal government aid. For the U.S. friend, that he was making a Supreme Court itself has publicly grevious mistake and that the ruled that it is only to be expected would that the National Government will new course college's produce evil effects. My com- seek to control that which it submunication focused on three sidizes. But the president of this Chrispoints: (1) The gross immorality of a tian college remained adamant in Christian institution using the his view that Federal Aid was simcoercive power of taxation as a ply one of Gods gracious means of means of involuntarily transferring providing needed money. And, as wealth from some citizens for the the college used government funds benefit of others. Such use of the to erect new buildings and used funds to civil taxing power, 1 pointed out, government student-ai- d was nothing more than a sophis- double its enrollment, it appeared ticated form of legalized theft. that my dire warnings were unHow could he as a Christian, I founded. But the unsuspecting Chrisasked, endorse much less take part in. such an immoral process? tian fish finally ate through the bait demoralization and found the hook too kite! A (2) The tragic and misguiding of Christian youths mutual friend who remains close to when the college, through the situation writes: student-ai- d government-sponsore- d The school needs lots of student-work and programs, prayer. It seems that the Federal mentally conditioned young money we borrowed to pay for the people to rely on the secular arm of three buildings is catching up with civil government for their financial us. An H.E.NV. representative needs instead of on the sure arm of came to inspect the building and In this respect, the said that the plaque dedicating the God. Christian library to the glory of God would presidents in school was effect, and in pract- have to be removed, and that the ice- furthering the seditious work Foundations of Christian Culture so-call- ed - of Anti-Chri- st by turning young Continued on page . 1 1 |