Hour 1 - 3
Mr. McTiernan was forced to plead guilty to a crime most people don’t even know is a crime. Mr. McTiernan agreed to a conditional guilty plea in order to take his case directly back to the Ninth Circuit where we firmly believe he will prevail.
The crime at the heart of this case occurred when an FBI agent telephoned Mr. McTiernan one evening and began questioning Mr. McTiernan about divorce lawyer Dennis Wasser. The government later asserted that Mr. McTiernan was not completely truthful in this telephone conversation and charged him with a federal felony.
In doing so, the government ignored several of it’s own internal policies. First, rather than sending two agents to interview Mr. McTiernan in person, the agent instead called Mr. McTiernan at home during dinner like a telemarketer. The agent did not tell Mr. McTiernan that he was the subject of an investigation for an event that had occurred six years earlier. He did not read Miranda rights or even offer him an opportunity to refresh his memory.
Further, government prosecutors ignored their own manuals and decided to prosecute Mr. McTiernan for statements he made during this telephone conversation with an FBI agent which was not even recorded.
Records in this case show that nearly every one contacted by this agent denied knowledge of Pellicano’s activities, making statements similar to Mr. McTiernan’s. The average American has no idea that a simple denial on a telephone can result in a five year prison sentence.
When Mr. McTiernan took this case to the Ninth Circuit and won his appeal, the government responded by tripling the charges against him. It is difficult to believe the government’s purpose was law enforcement rather than procurement of charges against this defendant. This conduct is the textbook definition of prosecutorial vindictiveness.
Oliver Diaz, McTiernan’s attorney, is a former Mississippi Supreme Court Justice who himself faced two trials brought on by an overzealous and politically motivated US Attorney. Judge Diaz was acquitted both times and has since become an activist seeking reform of the federal justice system.
She believes that this generation is facing a dire threat to our personal freedoms due to a convergence of three factors;
· Hyped fear of terrorism
· technological advancement and
· Public-Private Partnerships as the new government norm
She is dedicated to preserving our “right to be left alone” and her efforts are naturally focused on government surveillance and the promiscuous data sharing policies that enable government to exert a dangerous degree of control over the people.
Kaye is an independent researcher and exposes her findings to the public eye through her blog and radio program, both named AxXiom for Liberty.
She emphasizes the point that surveillance is more about control rather than security and in light of this she encourages each one of us to ask ourselves this question;
“How free do you want to be?”