The “absurd result” of statutory constipation – USA Letten files Appeal on Judgment of Dismissal in USA v O’Dwyer

In principle…[a statutory]… interpretation which leads to “distinctions that are arbitrary and irrational” leading to a “strange result” which would shock “common sense” would be dismissed.

While the yet to be indicted corrupt of Jefferson Parish do lunch at Galatoire’s and Antoine’s, USA Letten has his site set on none other than Ashton O’Dwyer – and that, Slabbed readers, is the absurd result of the USA’s statutory constipation.

In the 31-page hyperbole known as the Appellant’s Brief, the our Government claims the district court erred in “holding the charged threat could not be a true threat ‘as a matter of law'”.

On June 24, 2010, the district court issued its written conclusion that the charged threat was “not a threat, conditional or otherwise, rather it was a cry for help seeking money to pay for…prescription medicine.” USCA5 1214. The district court reviewed the sequence of e-mails contained in the government’s Rule 404(b) motion and held that O’Dwyer “did not threaten bodily harm,” and that whereas ”  [p]hrases taken out of context could suggest a threat…reading the sentences as a whole, no threat as a matter of law was made.”

Also on June 24, 2010, the district court denied the government’s reconsideration motion and request for oral argument, USCA5 1219, and ordered that “[t]he indictment against the defendant is hereby dismissed with prejudice”…On July 23,2010, the government noticed its appeal.

Naturally, Ashton fought back, filing a cross-appeal – and that led to yet another absurd result, this one produced by the Fifth Circuit:

Under 5th Cir. R.42.3, the appeal is dismissed as of 10/14/2010, for want of prosecution. The appellant failed to timely pay docketing fee.

Of course, Ashton failed to timely pay docketing fee – he didn’t have money for the medication that would have prevented his indictment or money to retain counsel.

Ashton, bankrupt and represented by two attorneys from the  Federal Public Defender’s Office, should have been on equal footing with the Government:

07/23/2010 75 NOTICE OF APPEAL re 74 Judgment, 72 Memorandum Ruling, by USA as to Ashton R O’Dwyer, Jr (Filed on behalf of USA – Filing Fee not required)

USA Letten argues that the Fifth Circuit “has been clear that distinguishing a ‘true threat’ from hyperbole is for a jury”.  No doubt that’s true.  However, there is an underlying presumption – the  presumption that a United States Attorney would only indict when there is a “true threat”.

Of course, that presumption doesn’t account for the reality of a US Attorney allowing “true threats” to “do lunch” while ignoring Ashton’s need for medication – and that, SLABBED readers, is the absurd result of misplaced priorities leading to statutory constipation.

14 thoughts on “The “absurd result” of statutory constipation – USA Letten files Appeal on Judgment of Dismissal in USA v O’Dwyer”

  1. Is anyone else as outraged as I am at this insane behavior by Lettenemgo?
    Lettenemgo must be hellbent on retiring to Boyle & Allessandro’s law firm when he retires from the USAttorney’s nest. Why else continue this persecution of Arod?
    Good God man ! Man Up! You weasel .
    Instead of standing and protecting your plot of land during Katrina you fled. Arod stayed.
    You Jim Letten should be ashamed of yourself. Cease and desist. Go get the bad guys. Enough already. You are a weak, worthless Wannabe.
    Yech.

  2. Such WANTON, pointless cruelty, even in the name of justice !

    Believe this, Satan’s Sistas, Kim and Nan, will join you in hell as y’all meet your master !

    Letten,

  3. He should work on Congress where most of the corruption is located, then the IG’s office for the COE, the Assistant Secretary of hte Army, COE headquarters, Division & District and any other entity that was responsible for the protection of this area by DA & Congress taking over the local flood control project that failed in almost every aspect and have a Federal Judge rule that no one has liability for what happed because of the Flood Control Act of 1928.

    OK for that mess. The Department of the Army by law established a document 33 CFR 208.10 if opened and read shows where it is covered and nothing in it points to the Act of 1928. It and all associated Engineering Manuals & Regulations for a project of this type shows its references. If followed as established and required the monitoring of the channel for erosion as required every 90 days or after every high water event would have found the problem and proper remedial action should have been taken. The problem was not the levee design. The problem was not monitoring for erosion of the channel banks, which when eroded enough failed. When the bank failed the SCL became violated for the levee and flood wall and they failed. No base for levee, no levee standing. No levee standing, no soil to support sheet piling. Result all fall down. Erosion is not equal and that is why there were spot failures. If the levee design were bad, it would have all failed.

    Those acts of malfeasence cost the taxpayer in excess of $60 Billion then and now they are getting hit to repair what was done wrong the first time and they still do not monitor the channels.

    TP has articles about work never done since 1970 and still not done, annual inspections that cite shortcomings never fixed, safe houses that should have been in place since 1970, use of outdated elevations that wer know by them since a 2002 survey revealed that situation. I-walls used where T-walls were required and on and on.

    Perhaps these could be resolved before attacking one citizen and serviceman.

  4. Ashton!
    What to do?
    I’m sure you will think of something BRILLIANT!
    Please contact me if I can do anything?
    Carrying a HUGE Picket Sign while wearing a VERY SHORT SKIRT is MY SPECIALTY……….

    1. For those readers who doubt the veracity of Patricia’s statement about wearing short mini skirts (and wearing them well) should click here.

      I’ve always said the Slabbed Nation was as lovely as we are intelligent. :-)

      sop

  5. Just a thought….Samear Zeitoun?
    Dave Eggers?
    There must be a way to address this injustice & incite public outrage!

    LETTEN has the nerve to appear disgusted by the Danziger Bridge Incident?!

    It’s WRONG for the NOPD to murder & torture but OK for the FEDS & MERCENARIES?

  6. Our Government is the most hyprocrite thing there is. Look really close and you’ll see the victims of threats and there not in Government, nope it should be clear and if it isn’t, listen up. There were wars and rumors of wars first neighbor against neighbor then nation against nation. But to fulfill whats left Satans people have to turn world countries against their citizens. Sadly nobody is going to hell as it were. Recall Adam was told that death was the wage of sin. Ashes to ashes dust to dust with no chance of reserrection. Burning folks for their hatefull-ness is just something we would hope for. But don’t worry if God see’s fit to have us victmis of Government/Satan, in his kingdom we will never have to be concerned with agents of Satan again. Ever! So how long is life now compaired to forever? The Devil and the Governments people will last less than the twinkle of an eye. Can’t take it with you when your not going anywhere. Hey their wrong and they know it, the end.

    R.M.

  7. Sorry to say, Sop, that as fetching as the picture is, IMO, she could stand in Letten’s office butt naked and no one would notice. For some perverse reason, all those guys see is Ashton!

  8. POSITIVELY POLITICALLY INCORRECT:

    When Dylan wrote “POSITIVELY 4th STREET” in July of 1965, Letten was probably all of 12 years old and jerking off to develop into the jerk he is today. That the negativity referenced to a 4th Street of Dylan’s past could transpose to a negative place in Jefferson Parish defining political corruption described as “Gretna Mentality” has a haunting sense of d

  9. Those we fear and want to destroy are those we find false reports and issues so we can do away with them before we loose our power!! Sound familiar? It should as the prime example was waht the leaders of the government & church did to persecute JESUS.

    I know Ashton is not in that same spiritual area, but he is an ex-serviceman, educated lawyer with the fortitude to stand for what is right for the citizens damaged by first the 1965 decision to let the COE be in charge of our protection rom flooding & hurricanes. Everything they and the local sponsors, that they handed off completed portions of the local flood control project, was never complete and should never have been turned over to them for operation & maintenance.

    Ashton was aware of this and still is but is not allowed to present known facts from official websites of the Department of Army and those associated with the COE at various levels.

    The judicial decisions on this one project have no basis in truth as all documents pertaining to this Local Flood Control Project stem from 33 CFR 208.10 from the Assistant Secretary of the Army Civil Works, who one would assume would be following established law to use this document.

    Further, to know that there are no levees associated with the MRGO project and rule that improper maintenance caused this to flood the lower ninth ward just doesn’t follow.

    The levees topped/breached belong to the Chalmette Unit of the Local Flood Control Project which also covers the New Orleans West Unit & the New Orleans East Unit.

    If improper operation & maintenance was used for the MRGO to file suit and win, then why was this same thing not applied to the other two Units?

    Lets see improper operation & maintenance [Pump Stations w/o safe working place for the pump operators], East Jefferson since 1965 & Orleans since 1985! No monitoring of channels as required but never followed again the same! Especially since in 1988 the COE wrote to the Orleans local sponsor to at least monitor the 17th St Canal annually and copy this information to them for monitoring the SCL and possible erosion which failed the bank, which failed the levee, which failed the floodwall.

    That is why the government still persues Ashton. If anyone is willing to give this information to the public, they just might back off. I do not have the funds to do so, but I do have the information.

  10. WRONG Zeitoun…I meant Abdulrahman…Eggers wrote the book about the horrors he & his family endured when he was arrested following the Hurricane. AN IMPORTANT & TRUE DOCUMENT…NECESSARY READING.

    Also, I had another idea…
    ASHTON….I feel certain I can enlist this group to help.
    Here’s what they did today :

    Crescent City Anti-Authoritarians:

    Today a group of us stood in front of the Federal Courthouse Building with banners along with members of STAND, Safe Streets, the Martin Luther King Foundation, and other concerned folks.
    Tomorrow we’ll be meeting at Federal Building (500 Poydras) to continue to show solidarity and support for Tanner and the Glovers, as well as decry this and all instances of vicious police brutality.

  11. Ashton, first, I need you to know that I have not been ignoring your emails. Mingled with your pain and sorrow, are a tad too much curse words :). YET, I have not ceased being concerned about what’s happening to you –even though I have only known about your judicial ordeals much later than the SLABBED community.

    I feel at such a loss as to what I can say to you the times we’ve talked via telephone; actually I feel helpless and sad. My sadness includes the suffering I ALSO know all too well from what Lance Africk, Jim Letten, and certain other federal court people did to me. Even now as I type these words, sorrow is deep because it is VERY DIFFICULT to come to terms with egregious injustice from the federal court system (as well as racist mistreatment).

    But I have to take heart, and so must you, Ashton. As I have tried to say to you so many times, I feel certain that my pain and suffering from jurist at 500 Poydras Street is probably greater than thine. Therefore, I really get it; I really understand where you’re coming from.

    As some posters have commented above me, praying to God is the cure and the comfort for the heartaches we feel. Also, as you know I have never met you; and my only interactions with you have been your relating to me what happened and your sending me some of your documents. AND STILL HAVE ENOUGH EMPATHY toward you, despite that I was repeatedly gang raped (Foreclosure Fraud Assault – A Cry For Help http://bit.ly/cTs9gi) at 500 Poydras Sreet. I have –always will try to encourage you; and urge you NOT to keep saying things your enemies can use to harm you.

    Ashton, what I’m saying is that, in addition to my sorrow, I still obtain some strength to reach out to you. That same strength is available to you –to comfort you and give you wisdom to overcome. Also, helplessness is indicative of our need to rely and receive help beyond ourselves. “God is our refuge and strength, a very present help in trouble.” (Psalm 46:1) There’s so much I’m trying to say.

    The power to look beyond personal distress or pain enables us to see others who are in pain about the whole matter of JUDICIAL TYRANNY. Still, we reach out to strengthen you and let you know we care. I believe it is “God with us.” using us to be there for eachother –keeping us from being callous like our adversaries. Please allow that to at least give your some consolation.

    I know that IT IS HARD. But try to consider: Sometimes, it is not so important what happens TO YOU, as it is what happens IN YOU. I am YET learning this difficult reality.

    PLEASE ASHTON, stop and pray. Call out to God, instead of allow enemies hear or see you write or speak something they can use against you. PLEASE hold on Ashton. TROUBLE WILL NOT LAST ALWAYS!

  12. Ashton, I have to tell you to read Ms. Jackson’s words in her December 2010 post above carefully and then actually read the Scripture words themselves( yes , I do mean actually find that Bible so many of us used to put up somewhere we never see to collect dust and do some reading in the references to that Scripture therein), as we fight with you to get your story told.

    Ashton think about this thought as it puts all of our trials and unjust persecution in proper perspective. – If the evil in the world could unjustly persecute and execute Him , who was without sin, a peacemaker and teller of absolute Truth, do you think you deserve any better treatment ?

    Ms. Jackson your Spiritual words above are the Truth and exactly what I myself would tell Ashton. We have experienced similar trials of the world and have overcome them with Faith in Him, who has defeated not only evildoers but the princess of darkness that lives solely to create evil and lies to separate us from Him.

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