[Ppnews] Leonard Peltier / Blackhorse lawsuit stalled

Political Prisoner News ppnews at freedomarchives.org
Thu Jul 26 11:00:17 EDT 2012



by antoinette nora claypoole <http://www.antoinettewritings.blogspot.com/>

South Texas. July 23, 2012.  The secret to a human psyche, the truth of 
corrupt and global powers, are as elusive as peace in a world gone 
violent. As brutal as  a people gone cloud cuckoo with desire to enslave 
once wild. Beauty.  Women. People of "color" (is white a color), 
children, the "poor" and those living connected to the land: hippies, 
counter culture and traditional First Nations: we are all in this dirge 
on the River Styx, together.

The efforts to be released, into some semblance of justice and chances 
to rebirth freedom become plagued by not enough gold coins on our eyes.
On July  20,  2012, Judge McCarthy in Buffalo NY, ruled he could find 
"no public documents" in the 900+ FBI files, in the "Black Horse case":  
Michael Kuzma vs. Dept of Justice 
Subsequently releasing not one page.  To Kuzma and his legal team. Kuzma 
and the hopeful supporters of Leonard Peltier "lost" this round.  But 
there are more rabbits to pull out of the black hat of fate.   Kuzma's 
counsel, Daire Brian Irwin,  explains a "more complex response to all 
this" is pending.  Meaning, that he will "persist in challenging 
subsequent FOIA requests" if/as they are corrupted, or denied. As well 
as "framing the FOIA differently".  And Kuzma says  "new FOIA request 
(s)  have already been filed" with the Federal Courts. 
Requests. Regarding the alleged shooting of an FBI Agent Fitzgerald, by 
"Frank Black Horse" back in the 1970's.  Where that ride takes us, still 
begs a map. Maybe a "wanted" poster.  As Black Horse is not 'officially" 
known to be "dead or live" and privacy acts for the living, prevail. 
  Irwin suggests "Black Horse"  give them a call. Why not.  Irwin says. 
  "Let us know if he is alive. if he has nothing to hide he can let us 
know he is alive.  And waive the FBI privacy act".

Yes. The current  "loss" in court was perhaps anticipated.

Yet.  Irwin reassures the effort by insisting "we will not stop until 
Leonard is free".
Current affairs warrant, as always,  another peek into the complexities 
of this historical, brutal mess.
Trying again, various long time Leonard Peltier/ American Indian 
Movement (AIM)  supporters are rallying this summer. And Fall. The 
effort  includes a revived Clemency effort, the current Black Horse 
lawsuit and FOIA requests filed by Peltier's FOIA (Freedom of 
Information Act) lawyers, Kuzma. What initially seemed a fine and 
perhaps "expedited" Court ruling, is now potentially  become long and 
drawn out affair.  Down the river, with a couple lost paddies.  That 
initial effort, demanding FOIA information about potential operatives in 
AIM, which may impact Peltier's status as prisoner, has been quashed. 
All along it seemed  there were slim chances for a significant, 
favorable ruling  And. Most in Indian Country were/are prepared for  the 
Black Horse case to simply drag on.
Like a tar and feathered crook busted in a local 1890's saloon.
The  May 2012 request for Black Horse files was at best. A wild card 
suit filed, a belated effort to nail the FBI to their own cheating 
ways.  Kuzma had tried for a few years to simply have access to 
"anything of public source" about Frank Black Horse, now a verified 
"operative or informant" for the FBI during the 1970's. Black Horse had  
infiltrated the American Indian Movement, and could  possibly be 
implicated in the murder of Anna Mae Aquash, 
<http://www.anniemaeletter.blogspot.com/> if ANY information about him, 
is made visible.  But the request was compromised from the onset, as 
Kuzma had narrowed his request for files, to mere "public documents",  
news clippings, anything sourced from outside the FBI.

When Judge McCarthy perused the files he found nothing of "public" 
nature:    "I have found no documents fitting the parties' definition of 
"public source documents.... Thereafter, Plaintiff's motion for a Vaughn 
Index.. will be withdrawn and this action will be dismissed in its 
entirety without further action".

McCarthy in his response explains that a public source document is 
defined as : "....encompass[ing] public court records as well as 
material located within FBI records which originated with or was created 
by an outside, non- government or non law enforcement entity, e.g., a 
newspaper or magazine article, or other publications which can be 
released because they are not subject to copyright protection".
/(//source, Pacer: Report, Recommendation and Order //12-CV-00102(A)(M) 
filed July 20, 2012)./
But a few years back the FBI said they did have more public documents 
for Kuzma in this pile of 927 pages, at hand  (he did receive various 
generic news clippings at one point, it seems, but not the entire 
motherlode).  A promise to release more news clippings and other public 
documents and then a change of the weather, is what seeded this storm of 
Black Horse activity. But.

Why Kuzma focused on mere public documents, is a quandary. And what his 
remedy is for this limited request, and it's dead end. Is complex.

Apparently it begins where it began: more FOIA requests to an agency 
whose signature sell point is "cagey".
The likelihood of a win that breaks open truth is like finding a pearl 
in a cracker jack box. In stacks of redacted, revisionist history. So. 
Even with a court win in this May 2012 lawsuit, there would still have 
been  subsequent briefs/hearings, to access the "real" FBI files 
regarding Black Horse. Kuzma  and his legal team, knew this going  into 
the arena. Nonetheless.   A  "win" in the May 2012 suit might have at 
least put the FBI, on guard.  Perhaps the  simple fact, that the Judge 
took pause, in this case, had that effect.

Still, there was a hope.

For  a release of something in those  927 pages (interestingly, and to 
the objection of the plaintiff, in  mid June 2012, the FBI reduced the 
count from 927, to  "919 pages").  Though not the crucial key to locked 
FBI files. Nor busting corruption of FOIA requests over the years.  A 
win this past week would have at least lead Kuzma and his team down a 
hallway to where the secrets, lie.

Perhaps a Judge ruling that the FBI was corrupting FOIA requests by 
shuffling files, and taking three years to be forthright with Kuzma's 
efforts.  Would have been a ruler on the knuckles of government 
protected bullies: it didn't happen.
Now.  There is. An August 6th 2012, Federal Court deadline for 
"objections" to be filed. But that  is not going to happen. According to 
Irwin. And Kuzma, explains: "No objections will be filed since 
Magistrate Judge McCarthy found that there were no public source 
documents.  I have already submitted new FOIA requests for documents 
pertaining to Frank Blackhorse and FBI S/A Curtis A. Fitzgerald (who is 
now deceased)."
In an earlier interview with Kuzma, he explained that because Fitzgerald 
is deceased, the FOIA requests may not be blocked by the privacy act. 
  Black Horse was never indicted for the shooting, and Kuzma is hoping 
for clues. Somewhere in the Templar quest.  The belief is implied.  That 
with enough integrity and earnest,  consistency and unrelinquishing 
certainty. These demands for files will get so close to truth, that the 
FBI will stumble. But Kuzma is playing his cards close to the vest.  His 
strategy, not on the table, yet. And the fact is.  If a person is 
working for the FBI, and kills "in the line of duty", they are not 
necessarily charged with a murder (mob bosses who were double agents, 
used this defense, back in the day).

This new Black Horse/Fitzgerald request is the next notch in a long road 
to accessing information which impacts not only Kuzma and his personal 
campaign to find out "who was this guy Black Horse", but more broadly 
impacting, perhaps, those men, Arlo Looking Cloud 
<http://www.lookingcloudpieces.blogspot.com/>and John Graham. 
<http://antoinetteclaypoole.blogspot.com/2011/01/graham-sentencing-jan-24-2011-he.html> Serving 
life sentences for the murder of Anna Mae Aquash.  Both young AIM 
"footsoldiers" at the time of her murder (1975/6), they claim their 
innocence and have attorneys currently working on their behalf.  Perhaps 
Kuzma and Irwin's efforts will assist in revealing more key details in 
the role operatives played in her murder. 
<http://www.anniemaeletter.blogspot.com/> And at least it may help 
Leonard Peltier, in his current, efforts for Clemency.
The Peltier case is on the minds of many this late summer, especially 
since Delaney Bruce, Peltier's long time devoted, effective organizer  
and executive director for his defense committee, has left her 
position.  For various, unforeseen and tragic reasons. Bruce is no 
longer with the Leonard Peltier Offense Defense Committee. 
<http://www.whoisleonardpeltier.info/>In the interim, while the search 
for near impossible replacement ensue. Paulette D'auteill is stepping in.
She is first wife of Robert Robideau (rip), Robideau acquitted in the 
1970's FBI killing for which his cousin Peltier is doing time. D'auteill 
is a warrior and organizer who goes all the way back to those "old AIM 
days" and she is  stepping in, to help keep the Peltier Defense 
Committee viable.  It is not an easy task, Bruce's shoes, "hard to 
fill", but a necessary effort.   Because in an election year, the United 
States President often "offers clemency" to prisoners who s/he feels 
warrant a release.  Peltier, and his supporters are once again rallying 
for Clemency.  The first serious Clemency effort, in 2000 with President 
Bill Clinton, came close, but ultimately failed.

To the bystander, the  lookey  loo and Peltier People  hoping for 
Justice.  Anything that Kuzma and his team accomplish with regards to 
their  new FOIA request, anything Looking Cloud's lawyer--Barry 
Bachrach--can win in terms of injustice toward HIS client. Seem to come 
together in the case of requesting remedy for Peltier's railroaded and 
unjust incarceration.
Yes. In this recent roundabout. The public access road to Black Horse 
and his role in old AIM, has been stalled.  But. The mystery of his 
complex tether to old AIM history prevails.  Information as  to his 
whereabouts has been under construction for years. And this post modern 
version of Buffalo Bill's Wild West show is far from over. Just like the 
ancient trek of dead across a river, we persist in pushing through, to 
truth. To the other side of fear.

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863-9977 www.freedomarchives.org
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