Jay Leiderman is a criminal defense attorney in Ventura, California. He co-authored the first ever book on the legal defense of California medical marijuana crimes and has been called the “Hacktivist’s Advocate” for his work defending those accused of computer crimes. He has been recognized and won awards for going above and beyond to represent clients accused of all sorts of crimes. Jay frequently lectures around the state and nation on various criminal defense topics.
Showing posts with label #WBDL. Show all posts
Showing posts with label #WBDL. Show all posts
Thursday, March 27, 2014
Thursday, October 24, 2013
Lorax Live on Radio AnonOps with Jay Leiderman
The Hitchhiker's Legal Guide to the Cyber Galaxy
18 October 2013
Link to the show:
Lorax Live Jay Leiderman
Jay Leiderman is a criminal law specialist and defense attorney who has represented members of Anonymous and Lulzsec.
Thursday, June 20, 2013
Ky Anonymous/Deric Lostutter Under Public Fire
Ky Anonymous/Deric Lostutter Under Public Fire
Submitted by Don Carpenter on Mon, 06/17/2013 - 11:19
Re-blogged on 20 June 2013
Link to original: http://mobilebroadcastnews.com/NewsRoom/Don-Carpenter/Ky-AnonymousDeric-Lostutter-Under-Public-Fire?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MobileBroadcastNews+(Mobile+Broadcast+News Reprinted with the gracious permission of the author.
6 months ago, thousands of people rallied behind the man known only (then) as KY Anonymous and #knightsec as he rallied the world behind a 16 year old rape victim in Steubenville, Ohio. The tactics then were aggressive weaponizing the media, and posting countless tweets regarding some individuals involved and quite a few not involved in the Steubenville rape case. 2 boys were already charged and on house arrest when anonymous got involved, but the goal was to alert the world to the graphic details behind the story. Some of those details were false or grossly exaggerated by either Ky or his supporters, but the goal nonetheless was to produce public outrage over the shaming of this girl.
The mission to weaponize the media and produce such outrage was accomplished. Thousands rallied in Steubenville. Media from across the world camped out in Steubenville. Ky did some media interviews, and eventually the 2 boys charged were tried and sentenced in a court of law. #oprollredroll was over and a success according to the initial goals set out in the beginning. Everyone touted the Knightsec/KY banner for over 6 months until the last few days after Ky unmasked as Deric Lostutter revelaing the feds had raided his home gathering evidence on the rollredroll.com website hack that his partner Batcat aka Noah Mchugh did. It appears that Noah, a defense department employee will not be charged with any crimes. Noah is preparing for his wedding while Deric(KY) is facing 25 years in prison for his role in #oprollredroll. A grand jury has been convened in Steubenville and is hearing evidence on 16 individuals who refused to cooperate during the initial August 2012 rape investigation, and will determine if other crimes were commited during said investigation.
Deric after unmasking began seeking donations for his legal defense, but soon after raising over $40,000 alot of his supporters began turning on him as he proceeded to do dozens of interviews. Deric/KY was soon attacked on twitter as a "fame whore, ego fag, fake, fraud" and worse descriptions that we won't get into here. There has also been countless youtube videos made by Deric in which he uses satire to make fun of women, food stamps and more that are now being used against the boy in the public's eyes.
People quickly began forgetting how Deric/Ky started #oprollredroll as a means to not only stand up for a rape victim, but for a cause he believed in which entailed speaking out against crimes and a situation in a small Ohio town that he believed was wrong. That is something that this country was founded upon, and something people continue to fight for to this very day. The right to stand up for yourself, and the right to stand up and speak out against things you believe are wrong. The right to risk your freedom, and everything you have to speak out against the government, and stand up for your beliefs.
Over the weekend, Deric/Ky clearly beginning to feel the pressure of his pending legal troubles and the constant attacks of his once supporters/now haters, Deric according to his tweets got drunk, and began fighting back against those trash talking him on social media. This went on for hours until, Commander X attorney Jay Leiderman stepped in and advised the 26 year old Kentucky rapper to hush up, and take a break from twitter. Ky took the advice touting some kind of special announcement later today on the Jake Tapper show on CNN.
The entire thing reminds me of a Captain America dissertation on Mark Twain during the Marvel civil war series in which Captain America was labeled a criminal by the government for standing against laws he felt to be unconstitutional. The quotes are as follows:
The mission to weaponize the media and produce such outrage was accomplished. Thousands rallied in Steubenville. Media from across the world camped out in Steubenville. Ky did some media interviews, and eventually the 2 boys charged were tried and sentenced in a court of law. #oprollredroll was over and a success according to the initial goals set out in the beginning. Everyone touted the Knightsec/KY banner for over 6 months until the last few days after Ky unmasked as Deric Lostutter revelaing the feds had raided his home gathering evidence on the rollredroll.com website hack that his partner Batcat aka Noah Mchugh did. It appears that Noah, a defense department employee will not be charged with any crimes. Noah is preparing for his wedding while Deric(KY) is facing 25 years in prison for his role in #oprollredroll. A grand jury has been convened in Steubenville and is hearing evidence on 16 individuals who refused to cooperate during the initial August 2012 rape investigation, and will determine if other crimes were commited during said investigation.
Deric after unmasking began seeking donations for his legal defense, but soon after raising over $40,000 alot of his supporters began turning on him as he proceeded to do dozens of interviews. Deric/KY was soon attacked on twitter as a "fame whore, ego fag, fake, fraud" and worse descriptions that we won't get into here. There has also been countless youtube videos made by Deric in which he uses satire to make fun of women, food stamps and more that are now being used against the boy in the public's eyes.
People quickly began forgetting how Deric/Ky started #oprollredroll as a means to not only stand up for a rape victim, but for a cause he believed in which entailed speaking out against crimes and a situation in a small Ohio town that he believed was wrong. That is something that this country was founded upon, and something people continue to fight for to this very day. The right to stand up for yourself, and the right to stand up and speak out against things you believe are wrong. The right to risk your freedom, and everything you have to speak out against the government, and stand up for your beliefs.
Over the weekend, Deric/Ky clearly beginning to feel the pressure of his pending legal troubles and the constant attacks of his once supporters/now haters, Deric according to his tweets got drunk, and began fighting back against those trash talking him on social media. This went on for hours until, Commander X attorney Jay Leiderman stepped in and advised the 26 year old Kentucky rapper to hush up, and take a break from twitter. Ky took the advice touting some kind of special announcement later today on the Jake Tapper show on CNN.
The entire thing reminds me of a Captain America dissertation on Mark Twain during the Marvel civil war series in which Captain America was labeled a criminal by the government for standing against laws he felt to be unconstitutional. The quotes are as follows:
"I remember the first time I really understood what it was to be an American...What it was to be a patriot."
"I was just a kid...A million years ago, it seems sometimes. Maybe twelve. I was reading Mark Twain. And he wrote something that struck me right down to my core...something so powerful, so true, that it changed my life. I memorized it so I could repeat it to myself, over and over across the years. He wrote --'In a republic, who is the country?
Is it the government which is for the moment in the saddle? Why, the government is merely a temporary servant: it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn't. It's function is to obey orders, not originate them.
Who, then is the country? Is it the newspaper? Is it the pulpit? Why, these are mere parts of the country, not the whole of it, they have not command, they have only their little share in the command.
In a monarchy, the king and his family are the country: In a republic it is the common voice of the people each of you, for himself, by himself and on his own responsibility, must speak.
It is a solemn and weighty responsibility, and not lightly to be flung aside at the bullying of pulpit, press, government, or the empty catchphrases of politicians.
Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn't. You cannot shirk this and be a man.
To decide it against your convictions is to be an unqualified and inexcusable traitor, both to yourself and to your country, let men label you as they may.
If you alone of all the nation shall decide one way, and that way be the right way according to your convictions of the right, you have your duty by yourself and by your country. Hold up your head. You have nothing to be ashamed of'."
Cap continues, "Doesn't matter what the press says. Doesn't matter what the politicians or the mobs say. Doesn't matter if the whole country decides that something wrong is something right.
This nation was founded on one principle above all else: The requirement that we stand up for what we believe, no matter the odds or the consequences. When the mob and the press and the whole world tell you to move, your job is to plant yourself like a tree besides the river of truth, and tell the whole world--
--No,you move."
That's a very powerful speech, and Deric has remained vocal since coming back into the public light. Many people fault him for that, but what if it was you. Would you remain silent facing 25 years in prison while your partner, a government employee gets away scott free? Would you not weaponize the media again to get your side of the story out there? After knowingly risking your freedom by speaking out and conducting various other anon ops not want a little help from your comrades, and to let the public know what is going on?
I personally have no dog in this fight, and can't wait until the Steubenville drama is over. i may not have agreed with all the tactics used during #oprollredroll, but as I was reporting it I couldn't say that. I will say that I am fully behind the idea that is anonymous. The rights to stand up for what you believe in no matter what the cost.
I also feel that not just KY should be facing prison time as it pertains to the Steubenville case if the government wants to go after anonymous, and conduct by individuals during the course of this drama. So far, Ky is the biggest fish nabbed by the feds, but there were bomb threats made against local schools in steubenville (suspected by what one Steubenville Law enforcement official on grounds of anonymity describes as "locals who just wanted to start shit and put a bad name on the pecaeful masked up protesters from the rallies.) The investigation into those threats, death threats against Sherrif Fred Abdalla, his family, Chief Mccafferty and his family, as well as threats against this reporter are still being investigated with no arrests. I'm told the FBI has suspects but no one except KY and potentially the individuals on the block by the grand jury are facing charges. It's definite KY will be facing charges, the grand jury has no guarantee of charges.
The question is, why are they dragging ass on the individuals who threatened residents, journalists, and law enforcement officials not caught yet and facing charges.
Say what you want about Deric/Ky, but he stood up for what he believed in despite the consequences. How many of us can honestly say that we would do that until the bitter end?
If you need help with your PR Deric, gimme a call. That'll mean I can no longer cover this stuff, but I respect you standing up for what you believe in no matter what, and want to help if I can as it pertains to your social media and media stuff.
There are still many KY supporters out there. In situations like this, the good always outweighs the bad.
One thing is damn sure though: Steubenville is no longer about a 16 year old rape victim. It's become more about people attacking each other over who is right, and who is wrong. That the masked people are evil, and the town supporters are right and vice versa. It's become a gross shell of it's former self with the young teen lost in the mix. It's about second guessing, hating on each other, and trying to make people look bad on either side of the coin. It's now about attcking and second guessing MSM,bloggers and Indy journalists.It's about pointing out each other's mistakes. (and there were mistakes galore made during this case on all sides: anon, media, town supporters, anon supporters, and hell I made quite a few, but what does it matter this was never about any of us.)
People have lost their minds over this case finally, and it's become a pathetic shit show.
The question is, why are they dragging ass on the individuals who threatened residents, journalists, and law enforcement officials not caught yet and facing charges.
Say what you want about Deric/Ky, but he stood up for what he believed in despite the consequences. How many of us can honestly say that we would do that until the bitter end?
If you need help with your PR Deric, gimme a call. That'll mean I can no longer cover this stuff, but I respect you standing up for what you believe in no matter what, and want to help if I can as it pertains to your social media and media stuff.
There are still many KY supporters out there. In situations like this, the good always outweighs the bad.
One thing is damn sure though: Steubenville is no longer about a 16 year old rape victim. It's become more about people attacking each other over who is right, and who is wrong. That the masked people are evil, and the town supporters are right and vice versa. It's become a gross shell of it's former self with the young teen lost in the mix. It's about second guessing, hating on each other, and trying to make people look bad on either side of the coin. It's now about attcking and second guessing MSM,bloggers and Indy journalists.It's about pointing out each other's mistakes. (and there were mistakes galore made during this case on all sides: anon, media, town supporters, anon supporters, and hell I made quite a few, but what does it matter this was never about any of us.)
People have lost their minds over this case finally, and it's become a pathetic shit show.
Friday, April 5, 2013
Dennis Roberts Resume
RESUME OF DENNIS ROBERTS
My law offices are at 370 Grand Avenue, Oakland, California 94610, telephone (510) 465-6363, facsimile (510) 465-7375,
e-mail:roberts_dennis@sbcglobal.net, webpage:www.DennisRobertsLaw.com and www.TheOaklandCriminalLawyer.com.
I received a B.A. degree from Rutgers University, New Brunswick, New Jersey in 1961 and an LL.B. from Boalt Hall, University of California School of Law, Berkeley, California, in 1964.
I have been a member of the California Bar since 1965 and am admitted to practice before all California courts, state and federal, numerous United States District Courts, the Fifth and Ninth Circuits of the United States Court of Appeal, and the United States Supreme Court.
In the summer of 1963 under a program sponsored by the National Lawyers Guild I spent the summer in Albany, Georgia working for the only Black attorney in southwest Georgia, and one of only two Black attorneys in all of the Deep South willing to risk taking on a white law student clerk, C. B. King.
In November 2002 the new U. S. District Court in Albany, Georgia was named the C. B. King Courthouse - the only federal court in the deep South named for a black lawyer. When I was in Albany they wouldn’t let him use their law library.
The experience in Albany was so profound that upon graduating in 1964 and passing the California Bar exam I returned to Albany, Georgia, this time under the auspices of the Law Students Civil Rights Research Council (LSCRRC), an organization of which I was a founding member, dedicated to producing research and providing summer interns to the Movement lawyers. From 1964 until 1966, I worked with C. B. King, Esq., where I represented members of the Student Non-Violent Coordination Committee (SNCC), Southern Christian Leadership Conference (SCLC), Southern Conference Education Fund (SCEF), along with various local civil rights activists and movement groups. I defended numerous criminal prosecutions under various statutes from disorderly conduct to riot and arson and I was involved in dozens of federal suits under the Civil Rights Statutes for equal treatment of minority groups and public accommodation suits in the United States District Court for the Middle District of Georgia and the United States Court of Appeal for the Fifth Circuit. Much of my work was done in conjunction with the NAACP Legal Defense and Education Fund, Inc. (Inc Fund).
In 1966, based on her starting an interracial nursery school in Albany one year before Head Start my wife was offered a full scholarship to get an MA in Pre-School Education at Bank Street College in NYC so we moved there.
From 1966 through 1969, I was the first staff attorney and administrator of the Center for Constitutional Rights in New York. The Center was founded by William Kunstler, Arthur Kinoy, Morton Stavis (New Jersey), and Ben Smith (New Orleans) as a non-profit organization dedicated to bringing equal treatment under the law to all citizens. While at the Center, I litigated cases in federal and state courts throughout the country on behalf of various Movement organizations and individuals. I brought numerous Dombrowski v. Pfister, [380 U.S.479] three judge federal suits, successfully attacking the unconstitutional application of state statues, including Carmichael v. Atlanta, Baker v. Binder and Brooks v. Briley; sought to enjoin enforcement of Title II of the McCarran Act (although unsuccessful, within a year or two Congress nullified the statute - this statute provided that "in time of national emergency" the Attorney General could round up "radicals" for immediate detention - despite Congress taking it off the books it has recently been reintroduced after Sept 11th); was involved in litigation on behalf of Rejes Tijerina in New Mexico (seeking to reclaim land stolen from the Native people by the U. S. Government); did the Oceanhill-Brownsville (Brooklyn, New York) litigation and other school suits; sued to enjoin enforcement of the Tennessee Anti-Evolution Statute (after suit was filed the Tenn. Legislature abolished the statute. That law prohibited the teaching of evolution and demanded a "god based" theory - interestingly enough I recently heard that Tennessee again has passed such legislation thanks to the Born Again vote); filed numerous appeals in various United States Courts of Appeal and the United States Supreme Court; was responsible, along with Michael Tigar, Esq., for all of the pre-trial motions in the Chicago Eight (later Seven) case; was one of the attorneys in McSurely v. McClellen (USSC); did dozens of Grand Jury cases; numerous anti-VietNam war demonstration and selective service cases including Jeannette Rankin Brigade (USSC) and represented members of virtually every political action group active during that time period. I also represented members of SDS (Students for a Democratic Society) in First Amendment litigation - quashed an injunction keeping Mark Rudd (SDS) from speaking on campus in Texas; was involved in the First Amendment issues in the flag burning case (Johnson) which went to the USSC and also did one in Georgia (not very successful in the early Sixties).
In 1969, I was awarded a Reginald Heber Smith Fellowship and spent a year with the Legal Aid Society of Alameda County working with Black and Chicano community groups on police misconduct issues in Oakland, California.
From 1970 to 1973, I was an associate with Kennedy and Rhine in San Francisco, engaged in the general practice of law, with an emphasis on criminal defense and civil rights litigation. I was one of the pre-trial attorneys in the Angela Davis case, again with Michael Tigar and sued the City and County of San Francisco to enjoin police sweeps of young Asian men in Chinatown (Chan v. Alioto).
In 1973, I opened my own law office in Oakland. I have tried to dedicate a substantial portion of my time to pro bono work and in this regard, have represented a number of Asian and Latino community organizations, including serving as a volunteer attorney for the United Farm Workers Union and writing a portion of the winning brief in Murgia v. Muncipal Court (1975) 15 Cal.3d 286 (the lead California selective prosecution and equal protection case). I have also represented Dennis Banks and other members of the American Indian Movement(See, United States v. Loudhawk which went to the U.S.S.C. twice and the Ninth Circuit three times. This representation went on for 14 years. I successfully withstood the attempts to extradite Dennis to South Dakota from both California and Oregon. The federal criminal case brought against Mr. Banks has been litigated since 1975, in the United States District Court for the District of Oregon, the Ninth Circuit Court of Appeals, and the United States Supreme Court. The case was finally resolved, favorably, 14 years later.
I have lectured at Boalt Hall (University of California Law School) and at seminars sponsored by the National Lawyers Guild; the National Association of Criminal Defense Lawyers; NORML (National Organization for the Reform of Marijuana Laws); was on the faculty of the Hastings College School of Law for Trial and Appellate Advocacy (Criminal), am currently teaching at the Stanford University Law School Trial Advocacy Skills Workshop, the University of San Francisco Law School Trial Advocacy Program; and taught a law for journalists course for several years at San Francisco State University.
I am a past President of California Attorneys for Criminal Justice (1980-1981), an organization of approximately 9,000 members; and was on the ACLU Legal Committee. I serve on the Board of Governors of the Center for Constitutional Rights in New York City; on the Board of the Prison Law Office (Marin County, CA); and served on the Board of Directors of the National Association of Criminal Defense Lawyers (Washington, D.C.) for four terms (12 years). NACDL is the largest and most respected criminal defense bar in the United States, having a core membership of well over 20,000 attorneys and a group of participating lawyers (through their state organizations like CACJ) bringing the total to about 25,000.
I am the only criminal lawyer in Oakland listed in the California Criminal Law section of "The Best Lawyers in America" by Naifeh and Smith (1991-1992). I have gained acquittals in four homicide trials as well as winning numerous jury trials, both civil and criminal in the state and federal courts of California and other jurisdictions, including People v. Kuzinich and Tausan, Santa Clara Superior Court (homicide) No. 207048 and United States v. Boban, et al, S.D.N.Y. (RICO) before Hon. Constance Baker Motley (see United States v. Bagaric, 706 F.2d 47 (2d. Cir. 1983) fn8. Both Kuzinich and Boban were trials which lasted three and one half months each. We were victorious in both cases. The Boban case (with 9 co-defendants) was a prosecution of Croatians in the U. S. who allegedly sent weapons to Croatia and committed violent acts against Yugoslav targets in the U. S. before the independence of Croatia.
I am curently involved in founding, with Jason Flores-Williams (Santa Fe, N.M.) and Jay Leiderman (Ventura, CA), the Whistleblowers Defense League (WBDL) a group of volunteer attorneys dedicated to providing counseling for those debating whether to expose themselves to prosecution for blowing the whistle on government misdeeds and representing those who have been prosecuted.
Dennis Roberts
Attorney at Law
370 Grand Ave., Suite 1
Oakland, CA 94610-4892
PH: (510) 465-6363
FAX: (510) 465-7375
Thursday, April 4, 2013
'Whistleblower Defense League' created to fight back Obama administration's prosecutorial overreach
RT News
Published on Apr 4, 2013
As we've reported before, the Obama administration has reached new heights when it comes to prosecuting whistleblowers. Under Obama's presidency, seven people have been convicted in accordance with the Espionage Act of 1917 for leaking governmental information to the public. All previous administrations combined haven't prosecuted that many whistleblowers. Now, a group of attorneys have come together to form the Whistleblower Defense League to protect such individuals from legal action. One of those attorneys, Jay Leiderman, discusses why they felt it was necessary to create this group.
Click this link to see the video:
For more information on the Whistleblower Defense League see this post announcing the formation of the #WBDL and this post talking about the first #WBDL case, a challenge to an unconstitutionally issued subpoena in the Barrett Brown case.
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Wednesday, April 3, 2013
WBDL CHALLENGES GOVERNMENT SUBPOENA
WHISTLEBLOWER DEFENSE LEAGUE
FOR IMMEDIATE RELEASE
WBDL CHALLENGES GOVERNMENT SUBPOENA
Washington DC—The U.S.
Government is the New China. The WBDL has filed a motion challenging an
oppressive, unconstitutional subpoena issued by the “Department of Justice” in
the prosecution of journalist Barrett Brown and the investigation into the Project PM Wiki.
“The Department of
Justice is abusing its subpoena power to invade lives, threaten freedoms and
destroy people for simply exploring the truth about their government,” says
Jason Flores-Williams, WBDL lawyer. “Like China, they are trying to control
the flow of information on the internet.”
The government served
the subpoena on CloudFlare Inc., in an attempt to gain protected, private
information about a range of individuals, websites and data. CloudFlare agreed
to give the WBDL time to challenge the subpoena in order to protect the rights
of its clients.
“The internet is the new
frontier for civil rights,” says WBDL attorney Jay Leiderman.* “This entire
indictment of Barrett Brown, like Ai Weiwei, is an affront to democracy. We
have to stop this government from criminalizing dissent in our society.”
The government subpoena
violates First Amendment rights of speech and association, Fourth amendment
rights against illegal seizures and the Fifth Amendment right to remain silent.
“This government needs
to be checked,” says WBDL attorney Dennis Roberts. “These are critical constitutional issues
that go to the very heart of our democracy.”
The WBDL is a group of
noted criminal defense attorneys and investigators from around the country who
seek to lower defense costs via grassroots fundraising and support.
The Motion to Intervene and Quash was filed today in federal court in the Northern District of
Texas.
Media contact:
Jason Flores-Williams,
WBDL
505-467-8288
†††
*Jay Leiderman is not involved in the legal work involving the CloudFlare subpoena. He has a legal conflict due to his prior representation of Barrett Brown.
Monday, April 1, 2013
Announcing the Whistleblower Defense League
WHISTLEBLOWER DEFENSE LEAGUE
FOR IMMEDIATE RELEASE
IN DEFENSE OF JOURNALISTS, ACTIVISTS, WHISTLEBLOWERS
Washington DC— We have
entered a dangerous time in America. The FBI and Department of Justice are
using harassment and prosecution as a tool to chill and silence journalism,
on-line activism and dissent.
“People are being
subpoenaed, indicted and incarcerated for simply exploring the truth,” says
co-founder Jay Leiderman.
The government has
amended the constitution with fear. In response, a nation-wide group of expert
criminal defense attorneys have formed the Whistleblower Defense League
to defend and encourage those willing to investigate and speak out against the
corporate and political forces threatening our democracy.
“We stand with the
courage our clients,” says co-founder Dennis Roberts. “We are the legal arm,
the firewall, for those who place facts over propaganda.”
Founding members of the
WBDL include constitutional lawyer Dennis Roberts, 48-year veteran of the civilrights movement; Jay Leiderman, noted internet rights attorney; and JasonFlores-Williams, writer and attorney.
“The WBDL is a new kind
of legal activist group that from the pre-indictment phase through trial will
litigate for their clients aggressively, speak out on their behalf, and go to
war for them in the court of law and public opinion,” says co-founder JasonFlores-Williams.
The WBDL is a private
group of attorneys that strives to lower defense costs via grassroots funding
and support.
Media contact:
Jason Flores-Williams,
WBDL Founder
505-467-8288
†††
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