The North Pacific vs JAL, Mark 2

Grimalkin

TNPer
The Court will hear the case The North Pacific vs. JAL, Mark 2, as filed by the Attorney General here.

Copy of AG's complaint:
Criminal Complaint

Plaintiff, the North Pacific
v. John Ashcroft Land (2004-12) [Durkadurkiranistan, Durkadurkiranistan
II, the Poo Dynasty], Defendant.

The Attorney General makes complaint to the Court of the North Pacific and states that there is probable cause to believe that the Defendant committed the following offenses:

Count 1
Illegal seizure of the Delegacy: Durkadurkiranistan II seized the delegacy illegally. This would constitute a violation of the North Pacific Constitution’s Article III Section 1 Clause 1, Article III Section 1 Clause 8, and Article V Section 2 Clause 3.

Count 2
Sedition: Durkadurkiranistan II used libellous messages to persuade nations of the North Pacific to support his illegal delegacy and oppose the legitimate governmental authorities. This would constitute a violation of TNP Law 22 Section 3.

The Prosecution would like to submit the below electronic evidence:

Exhibit A: The North Pacific Regional History
URL: http://www.nationstates.net/page=region_history/region=the_north_pacific

Exhibit A at Sat Sep 10 22:48 UTC 2011:
History: The North Pacific
« Back to The North Pacific
Major Events

* 109 days ago: Embassy established between The North Pacific and Equinox.
* 164 days ago: Embassy established between 10000 Islands and The North Pacific.
* 167 days ago: Embassy cancelled between South Pacific and The North Pacific.
* 167 days ago: Embassy cancelled between Conservadom and The North Pacific.
* 167 days ago: Embassy cancelled between Laurentia and The North Pacific.
* 167 days ago: Embassy cancelled between NationStates and The North Pacific.
* 167 days ago: Embassy cancelled between Free Thought and The North Pacific.
* 167 days ago: Embassy cancelled between Global Right Alliance and The North Pacific.
* 167 days ago: Embassy cancelled between The South and The North Pacific.
* 167 days ago: Embassy cancelled between Guanxi and The North Pacific.
* 167 days ago: Embassy established between The West Pacific and The North Pacific.
* 168 days ago: Embassy established between Lazarus and The North Pacific.
* 172 days ago: Embassy established between The North Pacific and The Rejected Realms.
* 172 days ago: Embassy established between The North Pacific and The East Pacific.
* 173 days ago: Embassy established between South Pacific and The North Pacific.
* 173 days ago: Embassy established between The South Pacific and The North Pacific.
* 173 days ago: Embassy established between The Pacific and The North Pacific.
* 174 days ago: Embassy established between Conservadom and The North Pacific.
* 174 days ago: Embassy established between Laurentia and The North Pacific.
* 174 days ago: Embassy established between NationStates and The North Pacific.
* 174 days ago: Embassy established between Free Thought and The North Pacific.
* 174 days ago: Embassy established between Global Right Alliance and The North Pacific.
* 174 days ago: Embassy established between The South and The North Pacific.
* 174 days ago: Embassy established between The North Pacific and Guanxi.
* 174 days ago: Embassy established between The North Pacific and The Kodiak Republic.
* 174 days ago: Embassy established between The North Pacific and Eastern Islands of Dharma.
* 177 days ago: The Fairly Well-Liked Dominion of Blackshear41 elected WA Delegate (ending The Free State of Chodean Kal's reign after 57 days).
* 234 days ago: The Free State of Chodean Kal elected WA Delegate (ending The Understated Modesty of Flemingovia's reign after 90 days).
* 325 days ago: The Understated Modesty of Flemingovia elected WA Delegate (ending The Islamofascist Terror State of Blue Wolf II's reign).
* 326 days ago: The Islamofascist Terror State of Blue Wolf II elected WA Delegate (ending The Imperial Founder of Durkadurkiranistan II's reign after 17 days).
* 343 days ago: The Imperial Founder of Durkadurkiranistan II elected WA Delegate (ending The Beat of Groovistan's reign).
* 344 days ago: The Beat of Groovistan elected WA Delegate (ending The Empire of Ermarian's reign after 66 days).
* 1 year 45 days ago: The Empire of Ermarian elected WA Delegate (ending Shoeless joe's reign after 4 days).
* 1 year 50 days ago: Shoeless joe elected WA Delegate (ending The Cola Wars Veteran of New Kervoskia's reign after 140 days).
* 1 year 191 days ago: The Cola Wars Veteran of New Kervoskia elected WA Delegate.
* 1 year 191 days ago: Durkadurkiranistan ceased to exist, ending a reign of 155 days.
* 1 year 346 days ago: Durkadurkiranistan elected WA Delegate.


Longest Serving WA DelegateThe Rebirth of Sydia: 218 days.




Exhibit B: “On The North Pacific Provisional Authority"
URL: http://twp.nosync.org/forums/?showtopic=9167

Exhibit B at Sat Sep 10 22:48 UTC 2011:
On The North Pacific Provisional Authority
#1 The Poo Dynasty

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Posted 21 October 2010 - 09:50 PM
To set the stage, Ermarian became delegate after 'liberating' the North Pacific from Shoeless Joe three months ago. Understand that I use the term 'liberating' extremely loosely because Shoeless Joe seemed to genuinely care about the region and was perfectly willing to work with it. Ermarian was an engaging delegate for several weeks but basically abandoned his nation by September, at which point I created Durkadurkiranistan II.

Almost immediately I had Durka join the World Assembly and begin swapping aggressively. I came within ten endorsements of Ermarian before Dyr Nasad wrote and sent an incredibly effective unendorsement telegram against me. Obviously this was not terribly difficult to do; I had been delegate before and ejected nearly two thousand nations from the region that time. I countered with an unendorsement telegram of my own, and Ermarian's endorsement count plummeted by 20-25 endorsements. This enabled the unknown Groovistan became delegate for twelve hours but I quickly surpassed him to become delegate.

By this point I began to plan a change of government. My core cabinet consisted of my RL friends but there were three or four NSers in the periphery. The original plan was to replace the old government with another democratic (but less bureaucratic) one, but I scrapped that idea when it became clear I wouldn't be able to hold onto the region for more than a week or two. At this point the idea shifted to being able to make the largest mark possible while I still could - which meant mass ejections and the like. For the most part the NS part of my cabinet didn't approve; some came to me privately with their resignations - which was fine with me - while others had to be found out and expelled. They were on the periphery for a reason.

I began what seemed to be just another purge last Thursday, but this time I closely monitored my influence levels throughout. Using the nation West Frisia as a barometer it became apparent after 500-600 ejections that Durka2's minimal influence was beginning to drain measurably. I ceased the purge with about 90% of my influence intact, struck down the old government and replaced it with my own - the North Pacific Provisional Authority (s15.invisionfree.invalid/nppa). My first policy was to eject all nations created in TNP accepting them back only after they registered on our new regional forum. This policy was termed 'Project Purge'.

Project Purge was the centerpiece of the Provisional Authority and it rubbed most gameplayers the wrong way. I received close to a hundred pieces of hate mail in my telegram inbox. All in all I thought it was hilariously amusing. Many called me a 'griefer' as if that term even means anything under the current rule set. I guess that makes me like an onsite forum destroyer. *rolls eyes* There is quite a bit of hate mail and hate posts on the NPPA forums under the free speech subforum (visible to guests) but much of it is likely unsafe for work so be warned.

With such terrible publicity my endorsement count began to fall rapidly. Blue Wolf came quite close but I was able to ban just enough low influence natives to prevent him from surpassing my native endorsement count. There were three invasions. The first two were complete failures given that I was sitting right there at the computer. The third attempt was successful since it was during the morning update while I was at work. Prior to that morning update I was handing off my nation to a cabinet member to cover the mornings, but he wasn't available on the liberation morning, or most weekday mornings actually. In any event I believe I would have been surpassed by native endorsements within the next 24 hours and I would have been toppled anyway. I was running on almost zero influence by this point and was hence unable to ban native WA's at that point.

All in all there were about 800-900 casualties/ejections, including several dozen banned WA's. This was done on basically a two week's worth of influence. I tried to make the most of it. I for one had fun.

* Back to top of the page up there ^



#2 Saint Flemingovia

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Posted 21 October 2010 - 10:12 PM
I didn't notice the old government being "struck down". Near as I can tell they carried on as if you were a minor irritatant who would soon be gone - a bit like acne.

* Back to top of the page up there ^



#3 Fearless Leader

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Posted 22 October 2010 - 03:06 AM
Thanks. That was a most interesting read.

* Back to top of the page up there ^



#4 Darkesia

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Posted 22 October 2010 - 03:52 AM
I believe the only way to get rid of the entrenched "golden circle" of old school players who run the feeders (yes, I'm aware that I am talking about myself as well), is to strip the region down to nothing and somehow manage to let complete chaos reign for at least two weeks or until an unknown or at least newish nation steps forward. This, of course means we old farts would have to swallow our pride and egos and cooperate by staying out of it.

And that's why I think feeder governments aren't going to change any time soon, no matter how many coups we stage or attempts to stir up "the people." Our egos won't allow us to let it go. We worked damned hard to get things all safe and manageable.

* Back to top of the page up there ^



#5 BlackAdder

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Posted 23 October 2010 - 08:54 PM
Lulz. Successful coups are pure evil, humour and fanatically correct grammar. Out Nazi the Nazis. Older players make for the best material when they show up bent out of shape. See Great Bight.

So I've heard anyway. heh.

* Back to top of the page up there ^



#6 Eli

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Posted 24 October 2010 - 03:41 AM
pretty funny stuff I thought.

* Back to top of the page up there ^



#7 TAO

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Posted 03 November 2010 - 06:52 PM
How many more banjections need to occur before you can bump Pierconium for the title?

* Back to top of the page up there ^



#8 The Poo Dynasty

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Posted 18 November 2010 - 01:20 PM
TAO, on Nov 3 2010, 07:52 PM, said:
How many more banjections need to occur before you can bump Pierconium for the title?

A lot unfortunately. 2500+ I think. So that's something like two more coups to go.

* Back to top of the page up there ^



#9 The Poo Dynasty

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Posted 18 November 2010 - 01:54 PM
Darkesia, on Oct 22 2010, 04:52 AM, said:
I believe the only way to get rid of the entrenched "golden circle" of old school players who run the feeders (yes, I'm aware that I am talking about myself as well), is to strip the region down to nothing and somehow manage to let complete chaos reign for at least two weeks or until an unknown or at least newish nation steps forward. This, of course means we old farts would have to swallow our pride and egos and cooperate by staying out of it.

And that's why I think feeder governments aren't going to change any time soon, no matter how many coups we stage or attempts to stir up "the people." Our egos won't allow us to let it go. We worked damned hard to get things all safe and manageable.

Agreed. The influence aristocracy over at TNP will never allow for any long term changes even if they are democratic in nature. Any 'rogue' will be up against scores of old farts not to mention the entire defender community. The morning update makes it even more difficult for those of us with real lives/jobs.

The governments that controlled the feeders at the beginning of influence will control them forever. I guess that was intended.




Exhibit C: TNP Delegacy; change is close to happening
URL: http://s13.zetaboards.com/TNP/topic/6733825/1/

Exhibit C at Sat Sep 10 22:53 UTC 2011:
TNP Delegacy; change is close to happening
Topic Started: Sep 30 2010, 06:11 PM (536 Views)
Westwind Sep 30 2010, 06:11 PM Post #1

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FYI, the Delegacy of TNP will likely change hands shortly, regardless of the situation with elections. While Ermarian has been inactive and has failed to maintain the health of the delegacy through trading endorsements, others have been trading endorsements vigorously. There are also unendorsement campaigns going on.

As it currently stands, Groovistan or Durkadurkiranistan are most likely to become our next delegate, but the situation is in flux. There currently are 215 WA nations in the region.

Nations with over 50 endorsements:

1: ermarian 90
2: groovistan 86
3: durkadurkiranistan_ii 84
4: yaorozu 81
5: kitabo 74
5: herzliyya 74
7: vectra_octavian 73
8: blue_wolf_ii 71
9: grosseschnauzer 69
9: unterwasserseestaat 69
11: ilvsivm_ii 63
11: moany_old_gits 63
11: andromeda_islands 63
11: zemnaya_svoboda 63
15: novare_res 62
15: former_english_colony 62
17: pasargad 61
17: gioto 61
19: whereisthatistan 60
20: new_allied_australia 59
21: oneofakynd 56
21: great_bights_mum 56
23: andrapos 55
24: laibach 52

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John Ashcroft Land Sep 30 2010, 08:22 PM Post #2

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There are at least three unendorsement campaigns against Ermarian, and two against me. We are both losing endorsements steadily so I expect Blue Wolf (who is vigorously endorsement swapping) or Groovistan to be our next delegate.

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Moany Old Gits Sep 30 2010, 09:22 PM Post #3

Woooooooooo



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best we pick a delegate as soon as

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flemingovia Sep 30 2010, 10:18 PM Post #4

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If the region is couped again, i think that will be pretty much me done with the game. While I am keen to see TNP revived and more active, I am not prepared to do another war. Been there, done that.

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Groovistan Sep 30 2010, 10:59 PM Post #5

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I'm fairly certain I've never posted on this board before, so let me first say: Hello. Secondly, as is probably obvious, I'm not nearly active enough in this game to be a delegate, either good or bad. I really just like endorsing other nations. So if the worst-case scenario should come to pass and I end up in the driver's seat, I'm not going to stand in the way of any rightful delegate.

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Westwind Sep 30 2010, 11:00 PM Post #6

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Thanks for the post Groovistan, I appreciate it. It does look like you'll have the delegacy shortly.

The count is now:

Ermarian - 89
Groovistan - 87
Durkadurkiranistan II - 80
Edited by Westwind, Sep 30 2010, 11:01 PM.


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Blue Wolf II Oct 1 2010, 04:58 AM Post #7

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Groove now has more endorsements, come the noon update, he'll have. Hail the new overlord!

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John Ashcroft Land Oct 1 2010, 06:19 PM Post #8

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Hail Groovistan!

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Westwind Oct 1 2010, 08:48 PM Post #9

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And the wheels on the bus go 'round and 'round...

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Dyr Nasad Oct 2 2010, 01:26 AM Post #10





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Groov is a good caretaker until we finish the elections, considering that he's promised to step aside (and if he wanted it, he would have tried long ago)

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The Palindromic Land Oct 2 2010, 01:28 AM Post #11

of Fodnal Cimordnilap Eht



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So why did Unibot and JAL unendorse him? Doesn't that mean JAL has the most?

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Winter Vacationers Oct 2 2010, 01:35 AM Post #12





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Life is interesting. :)

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Dyr Nasad Oct 2 2010, 01:44 AM Post #13





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The Palindromic Land
Oct 2 2010, 01:28 AM
So why did Unibot and JAL unendorse him? Doesn't that mean JAL has the most?
Yes..and after Groov's post here, this cant be called anything other than a coup

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Todd McCloud Oct 2 2010, 02:57 AM Post #14





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Well, so much for a transition

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Grosseschnauzer Oct 2 2010, 03:26 AM Post #15

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Grosseschnauzer
The problem is a series of Delegates who don't really want to be Delegate; I've never seen such a string of Delegates disappearing as we've had the last few months.
We need to get past the elections, and move forward. I'm sure Flem, Elu and I would like to archive some of the executive branch subforums, as many of them aren't being used, but since each Delegate has the authority to structure the Executive Branch according to their liking, it makes it hard for Admin to read the minds of absentee delegates.

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Blue Wolf II Oct 2 2010, 04:32 AM Post #16

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Anarchy in the NP! It's coming sometime, it might be!

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John Ashcroft Land Oct 2 2010, 04:47 AM Post #17

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Elections will still happen as scheduled so chillax Dyr.
Edited by John Ashcroft Land, Oct 2 2010, 04:54 AM.


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New Kervoskia Oct 3 2010, 06:40 PM Post #18

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Yay Jal!

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Westwind Oct 15 2010, 08:25 PM Post #19

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And updated endorsement list:

Nations: 1755, UN:218

1: durkadurkiranistan_ii 113
2: blue_wolf_ii 93
3: groovistan 89
4: kitabo 88
5: grosseschnauzer 87
6: yaorozu 84
6: herzliyya 84
8: vectra_octavian 82
9: former_english_colony 78
9: ermarian 78
11: oneofakynd 72
12: unterwasserseestaat 71
13: andromeda_islands 70
14: pasargad 69
14: flemingovia 69
16: moany_old_gits 67
17: ilvsivm_ii 66
17: siradetes 66
17: zemnaya_svoboda 66
20: whereisthatistan 62
21: novare_res 61
22: new_allied_australia 60
23: great_bights_mum 59
24: laibach 57
25: andrapos 56
26: wisconsota 54
26: span 54
28: new_greasbyland 53
28: fengate 53
30: liononim 52
31: halinopia 51
31: space_nomad_people 51
33: ozmium 50
33: enif 50
33: west_frisia 50
33: impenyer 50



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Joshua Oct 19 2010, 04:36 PM Post #20

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BW is now the WA Delegate, and JAL has been deposed. I am assuming we should focus on getting Flem into the WA Delegate seat by next update?




Exhibit D: “The Regional Election October 2010; Cast votes for candidates here"
URL: http://s13.zetaboards.com/TNP/topic/6734131/3/

Exhibit D at Sat Sep 10 22:57 UTC 2011:
The Regional Election October 2010; Cast votes for candidates here
Topic Started: Oct 1 2010, 10:58 PM (1,026 Views)
The Voting Booth Oct 10 2010, 10:10 PM Post #41

The Voting Booth



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Blue Wolf II is declared vice delegate with an un-assailable lead of 11 votes

All voting is over done, finished kaput.

Rum all round :P

*resigns as Election Commissioner, burns down office (for I have one), leaves note for successor explaining that there is no money left*

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Blue Wolf II Oct 10 2010, 10:25 PM Post #42

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Hawt.

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FALCONKATS Oct 11 2010, 09:14 PM Post #43

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thanks you for your votes for CLO

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The Palindromic Land Oct 12 2010, 02:34 AM Post #44

of Fodnal Cimordnilap Eht



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So, when does the WFE start reflecting the change in delegates?

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Moany Old Gits Oct 12 2010, 06:31 PM Post #45

Woooooooooo



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Soon hopefully - then Flemingovia can burn up all the laws :D

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Dalimbar Oct 13 2010, 07:40 AM Post #46

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The Palindromic Land
Oct 12 2010, 02:34 AM
So, when does the WFE start reflecting the change in delegates?
When Flem overtakes JAL in endorsements, then the WFE changes. At present, JAL has 110 endorsements, and Flem has 62. For additional comparison, Vice Delegate-elect BW has 86. So, depending on the rate Flem is endorsing, and if JAL starts to slowly decline in endos, then the transition should only take a few days. Yet... history has demonstrated that in many cases TNP transitions aren't as fast as we want them to be.

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Mr.Gaunt Oct 13 2010, 09:07 PM Post #47

very fluffy



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Dalimbar
Oct 13 2010, 07:40 AM
..., then the transition should only take a few days. Yet... history has demonstrated that in many cases TNP transitions aren't as fast as we want them to be.
Oh yes, considering JAL is still endorsing.

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The Palindromic Land Oct 13 2010, 09:08 PM Post #48

of Fodnal Cimordnilap Eht



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Also, as I was getting at, the WFE still says "Please endorse The Commonwealth of Durkadurkiranistan II to ensure a stable and secure democracy."

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Blue Wolf II Oct 14 2010, 12:51 AM Post #49

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We can always encourage nations to unendorse JAL and I'll continue to endoswap if it comes to that. Fairly sure I could surpass him with minimal effort.

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James2spooky Oct 14 2010, 08:07 AM Post #50

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Interesting. Well, it's good to see that TNP election is up and running again like it used to.

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Moany Old Gits Oct 14 2010, 06:19 PM Post #51

Woooooooooo



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Usually the outgoing delegate changes the WFE to endorse the new delegate which is what Palindromic land means. JAL isn't doing that yet - maybe he's busy.

Anyway it doesn't matter - Flemingovia can endorse his way there.

*Prepares camp chair and rum for coming inferno* :D

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The Palindromic Land Oct 15 2010, 03:09 AM Post #52

of Fodnal Cimordnilap Eht



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Well, there's an inferno, but I don't know that's it what you expected.

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Moany Old Gits Oct 15 2010, 07:54 PM Post #53

Woooooooooo



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LOL so I see :D

Never mind - there won't be too many nations left but still - we'll just endorse Flemingovia as usual.

(Its all a game and I hope no-one is too upset)
:rofl:




Exhibit E: JAL's Unendorse TG

URL: http://s13.zetaboards.com/TNP/topic/6737448/1/

Exhibit E at Sat Sep 10 23:00 UTC 2011:
JAL's Unendorse TG


Topic Started: Oct 16 2010, 10:25 PM (804 Views)


Blue Wolf II


Oct 16 2010, 10:25 PM Post #1



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Durkadurkiranistan II

I noticed you have endorsed Blue Wolf II. I urge you to unendorse him for the following reasons.

- He is not the elected delegate of The North Pacific. He is attempting to carry out an illegal coup against the elected government and your endorsement is helping him to take over.

- He has been delegate before, but while he was delegate he didn't vote on a single WA resolution. He ignored the will of the region.

- His inactivity as delegate caused the region serious harm. He hardly even logged into his nation, never posted on the Civil HQ, and never made any effort to interact with the nations of the North Pacific. The only thing he did in his two months as delegate was to illegally ban dissenting nations from the region.

This region (The North Pacific) is supposed to be a nurturing ground for the game. Not for someone else to play king of the hill. For the sake of the game and the nations of the North Pacific, please do not endorse him.


I laughed, hard.



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Dalimbar


Oct 16 2010, 10:41 PM Post #2



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Isn't that adorable?



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Pasargad


Oct 16 2010, 10:43 PM Post #3











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Pasargad




so sweet:)



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Blue Wolf II


Oct 16 2010, 10:48 PM Post #4



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He is a master at artful lies, I'll give him that.



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Dyr Nasad


Oct 16 2010, 11:00 PM Post #5











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And I :lol: at the people who actually voted for JAL..



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sedge


Oct 16 2010, 11:01 PM Post #6



§







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Blue Wolf II

Oct 16 2010, 10:48 PM

He is a master at artful lies, I'll give him that.

Aw, don't do yourself down. I'm sure you can better him... :P



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Blue Wolf II


Oct 16 2010, 11:04 PM Post #7



Turning Japanese







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Aww, you do care Sedge! ^_^



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flemingovia


Oct 16 2010, 11:09 PM Post #8



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How long before JAL starts inviting people in to prop him up, do you think?

And how long after that before those he invites in realise that he is a plonker and leave in disgust?



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Dyr Nasad


Oct 16 2010, 11:20 PM Post #9











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flemingovia

Oct 16 2010, 11:09 PM

How long before JAL starts inviting people in to prop him up, do you think?

And how long after that before those he invites in realise that he is a plonker and leave in disgust?

the second may very easily happen before the first



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sedge


Oct 16 2010, 11:23 PM Post #10



§







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Blue Wolf II

Oct 16 2010, 11:04 PM

Aww, you do care Sedge! ^_^

If you're short of ideas...

Quote:

I noticed you have endorsed Durkadurkiranistan II. I urge you to unendorse him for the following reasons.

- That kitten in his flag may look cute, but what he doesn't tell you is that he killed and stuffed it.

- He thinks the Chilean miners should have "dug themselves out".

- In his election campaign, he claimed he "was not a witch". This is not true.

This region (The North Pacific) is supposed to be a nurturing ground for the game. Not for someone else to play king of the hill. For the sake of the game and the nations of the North Pacific, please do not endorse him.





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Blue Wolf II


Oct 16 2010, 11:41 PM Post #11



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Kinky.



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HEM


Oct 17 2010, 03:39 AM Post #12



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Yeah...this is a bad coup...



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Grosseschnauzer


Oct 17 2010, 04:50 AM Post #13



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NationStates Nation

Grosseschnauzer




JAL seems to forget that there are enough WA members in TNP with more influence than he can spare to use tha will gradually endo Flem and BW as the elected Delegate and Vice Delegate, and unendorse him that he is bound to fail badly.

And If BW was ever Delegate of TNP, how come I don't remember it?



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Blue Wolf II


Oct 17 2010, 05:10 AM Post #14



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We must have all been on vacation when it happened.



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Felasia


Oct 17 2010, 05:58 AM Post #15



Denarian Knight







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I was cause I don't remember it either. :P



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flemingovia


Oct 17 2010, 12:11 PM Post #16



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Thus JAL's reputation as a twat is cemented.



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HEM


Oct 17 2010, 01:12 PM Post #17



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Maybe Blue Wolf operates under an alias, and only the wise JAL truly knows both of his personas?



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Blue Wolf II


Oct 17 2010, 04:31 PM Post #18



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Shh, don't tell anyone but I'm really UPS Rail. But really, tell no one, it's a secret ;)



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Democratic Donkeys


Oct 17 2010, 04:40 PM Post #19



I wanna see the sun blotted out from the sky







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Oh ho ho, UPS Rail? Or should we say "Sir Paul"!! :o



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Westwind


Oct 17 2010, 04:41 PM Post #20



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It's about damn time you came back UPS Rail. Been waiting six years for you to get busy again ! Someone go wake up Great Bight.




Exhibit F: Address to the Region

URL: http://s13.zetaboards.com/TNP/topic/6737037/1/#post-8015597

Exhibit F at Sat Sep 10 23:03 UTC 2011:
James2spooky


Oct 15 2010, 08:16 AM Post #5



TNP's Most Obnoxious







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and er..something bad is happenning? a recent post at TNP's RMB:

2 hours ago The Commonwealth of Durkadurkiranistan II

Citizens,

Over the following weeks I will be setting various population goals for the region. Over time we become a squeaky-clean region consisting entirely of WA's and forum-goers by ejecting the rabble.

The current population aim is to have the region under 1500 nations by next Wednesday.

Have a nice day!


latest TNP's WFB:

Quote:

Welcome to the jungle!

Please endorse The Commonwealth of Durkadurkiranistan II to ensure a stable and prosperous region.

Announcing the North Pacific Provisional Authority and Project Purge. Our new forums are located here

All new nations created within the North Pacific are to be ejected from the region. Rejectees are welcome to return pending registration on the forum.

Adspam is prohibited and violators will be banned.





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Blue Wolf II


Oct 15 2010, 08:18 AM Post #6



Turning Japanese







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JAL being JAL.



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James2spooky


Oct 15 2010, 08:25 AM Post #7



TNP's Most Obnoxious







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there's a boost in TRR's population :lol:



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Dalimbar


Oct 15 2010, 09:02 AM Post #8



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It's a cute attempt, but with his level of influence, it won't last long. And BW is correct: this is merely JAL being JAL.



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Winter Vacationers


Oct 15 2010, 11:19 AM Post #9











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He also has a post on the Gameplay forum.

http://forum.nationstates.net/viewtopic.php?f=12&t=75604



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Grosseschnauzer


Oct 15 2010, 03:44 PM Post #10



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Grosseschnauzer




JAL really doesn't get it, does he? Such tactics end up hurting a feeder region such as ours, and it is just plain stupid. The problem for JAL is that those most likely to reject his behavior already have more influence than he does, and are experienced in dealing with rouges.



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Moany Old Gits


Oct 15 2010, 08:07 PM Post #11



Woooooooooo







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It'll be ok (I hope)

We'll carry on for a few days until it dies down.

Thanks Flem for your work cutting down the forums - sounds great :D



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Mr.Gaunt


Oct 15 2010, 08:47 PM Post #12



very fluffy







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Rogue delegate? :tb1:

This is the first time I really feel soooo much at home again after having returned a couple of days ago to the forum.



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Dalimbar


Oct 16 2010, 01:39 AM Post #13



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Good to be back, eh? :P Just like Shoeless Joe's miserable "coup" earlier this year, it won't last long. He uses the regular rhetoric that has been used by "rogues" since Great Bights time, yet he doesn't have it in him to go for the long haul. It's, in my opinion, disappointing. I want a refund, darn it!



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HEM


Oct 16 2010, 08:14 PM Post #14



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I thought the Union revolution was better :P



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Dalimbar


Oct 16 2010, 09:11 PM Post #15



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I still want a refund from that play!

Placeholder: Due to time constraints, additional evidence from the NationStates forums
has not been entered into this brief.







Witness Roll

The Attorney General's office intends to call the below persons as witneses.
Due to time constraints, the research on when the prosecution, court,
defense, and witnesses would be best served meeting has been omitted from
this brief.
  • Dyr Nasad – witness of the events as they unfolded. Witness as to
    JAL’s use of lying unendorsement telegrams.
  • Grosseschnauzer – witness of the events as they unfolded, legal expert
  • Felasia – witness of the events as they unfolded.
  • HEM – witness of the events as they unfolded.
  • Blue Wolf II – witness of the events as they unfolded. Possible witness
    as to JAL’s use of lying unendorsement telegrams.
  • Pasargad – witness of the events as they unfolded.
  • The Palindromic Land – witness of the events as they unfolded.
  • FALCONKATS – witness of the events as they unfolded.
  • Todd McCloud – witness of the events as they unfolded.
  • Winter Vacationers – witness of the events as they unfolded.







I, Chief Justice Grimalkin, will preside this case. Eluvatar will be acting on behalf of The North Pacific as Attorney General, and Flemingovia will be acting on behalf of the defendant.


The charges against JAL are as follows:

1)Illegal seizure of the Delegacy: Durkadurkiranistan II seized the delegacy illegally. This would constitute a violation of the North Pacific Constitution’s Article III Section 1 Clause 1, Article III Section 1 Clause 8, and Article V Section 2 Clause 3,

and

2)Sedition: Durkadurkiranistan II used libellous messages to persuade nations of the North Pacific to support his illegal delegacy and oppose the legitimate governmental authorities. This would constitute a violation of TNP Law 22 Section 3.


Counselor Flemingovia, how does your client plead?

You have 48 hours to respond, otherwise an automatic plea of "Not Guilty" will be entered and we will move into pre-trial motions.
 
In The Court of The North Pacific

***

The North Pacific, et al (petitioners)

v

JAL, et al (respondents)

***

On Writ of Certiorari to The Court of The North Pacific

***

BRIEF AMICUS CURIAE OF THE ROMANOFFIAN DYNASTY OF NOVARE RES
IN SUPPORT OF PETITIONERS


***

Tsar Roman I,
Counsel for Amicus Curiae
Novare Res

***

Table of Authors:

Tsar Roman I of Novare Res
former Justice of The Court of The North Pacific

***

IDENTITY AND INTEREST OF
AMICUS CURIAE


Romanoffia, aka Roman, Head of State of Novare Res, having interest in seeing justice under the Law and Constitution of The North Pacific.


May it please THE COURT



I would like to offer information as an amicus curiae on behalf of the defense, and specifically pertaining to:

Count 2
Sedition: Durkadurkiranistan II used libellous messages to persuade nations of the North Pacific to support his illegal delegacy and oppose the legitimate governmental authorities. This would constitute a violation of TNP Law 22 Section 3.

Please see highlighted/bold term.

According to Unibot, acting AG in a recent matter, Libel and Slander are not crimes in TNP legal code and therefore cannot be a point of prosecution.

To Wit:

Unibot:
"Bearing in mind, that although "slander/libel" does not exist in our legal code..."Bearing in mind, that although "slander/libel" does not exist in our legal code

1.) The acting AG's determination of the referenced complaint claims the non-existence of "libel/slander" in TNP legal code and is therefore not prosecutable on the legal code of The North Pacific.

2.) And as such, if this be the case, then Count 2 of the charges in the case against JAL is null and void as such a claim of "slander/libel" being sufficient to dismiss the referenced complaint and item of precedence, then so it is true of the case against JAL.

3.) If precedence is not a valid consideration in the legal system, any decision of this court either way could be construed as prejudiced.

4.) If "slander/Libel" is considered as part of the charges against JAL, then it upholds the precedence of "common law" as per tort requirements in certain legal systems and would necessarily require the reexamination of previous denied complaints and possibly a number of previous court decisions stretching into the past.

5.) It is respectfully requested of the Presiding Justice in this case to make a determination as to whether or not Slander and/or Libel do indeed exist as a legitimate criminal charge under this Constitution and Legal Code of The North Pacific.

6.) Should Slander and Libel not be considered as a valid criminal complaint then this case against JAL should be dismissed immediately as faulty and non-existent.


CONCLUSION

For the reasons stated above, the Charges as stated against JAL, et al, should be dismissed as faulty, nebulous, without precedent, and groundless based upon precedent in prosecuting Slander and Libel, being faulty on one point and thus faulty in all points of construction of the charges.

DATED: March 15, 2012.

Respectfully submitted,

TSAR ROMAN I
Of Counsel
NOVARE RES
CITIZEN OF THE NORTH PACIFIC
 
defence will respond to the charges once the Writ of Certiorari has been considered.

PS, did you know that Writ of Certiorari is an anagram of "it criteria for row"?
 
While this court thanks Romanoffia for his amicus curiae brief, I am rejecting it as the argument contained within is immaterial to these proceedings, and I ask that if any parties wish to file an amicus curiae brief in the future that they request permission before doing so.
 
The Chief Justice has graciously given the defence 48 hours to respond to the charges filed we did not need 48 hours, but nonetheless chose to delay slightly.

There is a golden rule in Nationstates which is that you should not post when you are angry. That is a golden rule I broke the last night in the original JAL trial thread, for which I apologise to the region. I hope you all understand the frustration the defence feels after six months of delay, obstruction and incompetence that have characterised these trials. My client has had one declaration of a mistrial and has had charges against him dismissed twice (once by the delegate, once by the current Chief Justice) only for legal challenges and lobbying to cause the whole sorry show to start again. I am sure you can understand why frustration tipped over when yesterday the chief justice dismissed all charges against my client, only to be persuaded on IRC to go change on that verdict.

There is no doubt I strayed close to contempt of court last night – contempt that, believe me, I was certainly feeling. I backed away due to the strange experience on IRC when the Chief Justice actively tried to goad me and incite me into saying something that would land me in contempt. I managed to respond to his taunts of “Test me, I dare you … Go on Flem…” with humour, and eventually left the conversation. But the region may wish to reflect on the wisdom of having a Chief Justice who seeks to taunt folks into a situation where he can punish them.

(PS if the Chief Justice wishes to take action on the above statement I will happily see him in court. I suspect he won’t)

Anyway, back to the situation at hand.

I am sure you will agree that JAL has acted with dignity and restraint throughout these hearings. We have jumped through every hoop demanded of us by the court. Even though it is our belief that this is a politically motivated kangaroo court whose outcome was determined from the start, we have cooperated fully while mounting a vigorous defence. At various points in these hearings every one of JAL’s rights under Article 6 of the bill of rights has been violated:

6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself.

He has been subject to hearings that from the outset went against the procedures set down by the Regional Assembly; He has, as already mentioned, had charges dismissed twice, and now we are on round three; he has been ordered to act as a witness against his will. Yet we have cooperated.

Eventually the time comes to say “enough.” On the evidence of the past few days we have no confidence that the current Chief Justice has the ability to conduct this trial with any more competence than his predecessors and, frankly, after six months we are tired of the clusterfuck that is the judicial system in this region.

We will not be entering a plea. We will not be participating in this farce any more.

Let Eluvatar and Agamemnon make solemn pronouncements all they want, google quasi-legal jargon to make them sound dignified and play through this show trial. We will not be here to help them play silly buggers and open this region to further public ridicule.

PS. I ought to add a note of apology to Elu. He has been a fun opponent, and I know he has worked hard on this case. I am only sorry that we have had a succession of justices who cannot find their arse with both hands, otherwise this case might have been less frustrating.
 
flemingovia:
defence will respond to the charges once the Writ of Certiorari has been considered.

PS, did you know that Writ of Certiorari is an anagram of "it criteria for row"?
(side bar): I never thought about the anagrams involved but that is very odd, yet apropos. :lol:

{OOC: in RL, I have written up, or have been required to write up, a number of 'Amicus' briefs as part and parcel of acting as an 'expert witness' upon request, or not as the case may be, in civil and criminal cases.}

IC:

Since this form of supplication to the Court has been used and accepted in the past, it should be seriously considered as relevant to the case at hand as consideration of legal decisions. Improperly or nebulously constructed charges lead to improperly conducted proceedings in which precedence and common law principles are ignored or avoided.
 
In light of the defendant's refusal to participate in this hearing, this Court hereby cites JAL and his counsel, flemingovia, for Contempt of Court.

This trial is now in a state of recess until such time that the defendant decides to recognize the authority and sovereignty of this Court and chooses new counsel to participate in the trial.

The Court also rules that JAL's membership in the Regional Assembly be stripped forthwith. The North Pacific will not set the precedent that defendants can refuse to participate in their trial without consequence.
 
And what about me, big boy?

It is unfair for JAL to be stripped of his RA memebership for refusal to participate in your fuck up if you will not do the same to me.
 
Counsel is free to come and go as they please. You are not the one on trial, and your pathetic attempt to bait this court isn't going to work.
 
What about the utter contempt I have expressed? My lack of respect for the judiciary, o chronologically challenged one?

I don't want to talk to you no more, you empty headed animal food trough wiper. I fart in your general direction. Your mother was a hamster and your father smelt of elderberries.
 
Flemingovia, I am removing you from this courtroom and revoking your authorization to post here until such time as this court receives an apology from you.
 
Grimalkin:
The Court also rules that JAL's membership in the Regional Assembly be stripped forthwith. The North Pacific will not set the precedent that defendants can refuse to participate in their trial without consequence.
JAL's name has been removed from the Regional Assembly roster and his masking appropriately changed to reflect this change.
 
tumble_anim.gif
 
The court decided to suspend the trial until such time as the Defense was willing to participate, is my understanding.

If the court had recognized a plea, I'd be hearing depositions. But it hasn't, so I haven't been.
 
The Defense has 48 hours to enter a plea. If no plea is entered a default plea of "not guilty" will be entered and this trial will proceed.

The dealing for a plea is 1:47am EDT on May 1, 2012 (5:47am UTC).
 
I am sorry, your honour, but you cannot do that.

Although my client is suspended from the Regional Assembly, he still enjoys the protection, like any citizen, of the Bill of Rights.

In the Bill of Rights it states:

6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code.

Nowhere in our legal code is provision made for entering a plea on behalf of a defendant, or putting them on trial in absentia. it is a "manner not presecribed by this Constitution or rhe legal code".

You may feel this is a lack in our legal code. Objectively, I would agree, and I would support legislation giving the court such powers. But the fact remains that at the moment no such powers exist.

In the past justices have got round this problem by making up laws as they go along, and ignoring rights that are inconvenient. My client was removed from the RA illegally, and when Mahaj was challenged as to the constitutional basis for his decision he was unwilling/unable to give one.

That was the pattern in the past. I had hoped that the current bench was more respectful of our laws and rights.


the defence maintains its objection to this trial. It has now been going on for nine months now. Enough is enough. By any standards this has ceased to be a fair any impartial proceding.

We will not participate any more. If you wish to continue it unconstitutionally as a show-trial, that is up to you. But let's not pretend it has even the veneer of legality.

Of course - if you can point me to legal provision for the court entering a plea or holding a trial in absentia, I will eat my words. But trust me, I have looked.
 
I refer you to Article 7 of the Bill of Rights:

7. When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.

This Court will enter a plea to presume the Defendants innocence until the trial can continue and this court can make a decision on the matter at hand. I will remind you that you are partially to blame for this trial taking so long as you have refused to participate in this trial when the previous Chief Justice was trying to complete the proceedings. I also recommend that your client find another Defense Attorney if you refuse to act on his behalf even though it is his right to have you as he wishes.

As soon as proceedings begin your client is free to rejoin the RA. I have no intentions on blocking him from joining the RA as this trial will be continuing with or without your client.
 
It is really clutching at strawd to stretch The presumption of Innocence to the right of the court to enter a plea on behalf of a defendent.

To make the defence position clearer: You may NOT make the assumption that by not entering a plea we are de facto making a plea of not guilty. We are refusing to enter a plea in protest at the conduct of this trial and our lack of confidence that this is anything more than a political show trial.

We do not plead not Guilty. We do not plead guilty.

Any such plea entered is entered without the consent of the defence, and moves this trial way beyond the current legal code.

This Court will enter a plea

But it seems this chief justice will continue the tradition of former justices, and ignore our rights when they become inconvenient.

My client, by the Bill of Rights, MAY NOT be put on trial in a manner not prescribed by the constitution or legal code. Even if you remove from my client the right to have entered (or not) a plea of his own choosing, you have still ignored the point that a trial in absentia is not preseribed in our laws. Or is that another right up for grabs?
 
Your client will be given the ability to present there case. A timetable will be released in which the Defense has deadlines just like the Prosecution. If the deadlines are not met by the Defense then the next stage will begin. I have also stated that your client is free to rejoin the RA if he wishes. I have no problem with him being a member of the RA during the courts proceedings. I would strongly recommend that you present your case to this court though.
 
A show trial in absentia will do wonders for the dignity of this court.

I note the lack of legal basis given by the chief justice for a trial without a defendent. I can therefore only assume that he is intent on forging ahead whatever the law does, or does not say.

:bye: Bye bye bill of Rights.
 
flemingovia:
A show trial in absentia will do wonders for the dignity of this court.

I note the lack of legal basis given by the chief justice for a trial without a defendent. I can therefore only assume that he is intent on forging ahead whatever the law does, or does not say.

:bye: Bye bye bill of Rights.
I note the lack of of legal basis given by the Defense on why this trial can't continue. If the Defense chooses not to participate that is there choice. If the Defense is so adamant about not proceeding I would think they would consider making a few motions but instead they just refuse to recognize this Court.
 
Your Honour,
Defence moves that charges against my client be dismissed for the following reasons:
REASON 1: These charges were brought in July 2011, many, many months after the alleged offenses, for purely political reasons: to justify the exclusion of JAL from the Regional Assembly. Their political nature can be demonstrated by the timing and trigger: the charges were brought only when JAL applied to join the RA, that application was rejected by Felasia (the then speaker) and that rejection was challenged.
REASON 2: There have been numerous procedural failures in the trial, and JAL’s rights under the Bill of Rights have been violated many times. In October 2010 rules of evidence and procedure were adopted by the region. Yet from the outset the JAL trial ignored those rules. The defence team cooperated with the court to the full, yet even with the declaration of a mistrial and the starting all over again of proceedings, the time has come to declare that after nine months of hearings there is nobody who comes to this trial objectively and without prejudice.
With relation to the violation of JAL’s rights, I would cite the following rights:
“5. All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region.” – The trigger to this trial was an abuse of power. As was JAL’s later “stripping” of his RA membership by Grimalkin and suspension from the RA by Mahaj. All of these actions had no basis whatsoever in our laws, and constituted an abuse of power.
“Any Nation of The North Pacific has the right to request the recall of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts.” Although not a recall as such but the prelude to such an act, At the same time as complaint was made against JAL, a complaint was filed with the Attorney General concerning the actions of Felasia. JAL has been pursued with vigour and venom through the court; the complaint against Felasia was nor even acknowledged and remains on the books.
“No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code.” I think we can all agree this right has been pretty much shattered in this trial.
“No Nation shall be subjected to being twice put in jeopardy for the same offense.” Again, this could be argued, but the defence would maintain that after one mistrial and two (overturned) dismissals of charges my client is de facto in a double jeopardy situation. (the first was overturned because the appeal to the bill of rights second clause was deemed illegal and the second after lobbying by the prosecution on a technicality of timing)
“No Nation shall ever be compelled in any criminal case to be a witness against itself.” This was broken by justice Cakatoa, an action for which he has publically (to his credit) apologised.

“When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer.” Little about this trial has been fair. Justices have made up laws as they went along, including introducing to the region laws on contempt. A justice has attempted to incite the defence team into committing contempt of court (for which he was censured by a later justice). I leave it to the court to decide whether the length of these proceedings, and the way they have been conducted has made for a “fair and impartial” trial. Concerning the impartiality of judges, I would prefer not to post on that in a public thread. Should you wish my thoughts on that, please contact me.

REASON 3: the length of time and the conduct of the trial to date make it impossible for my client to have a truly fair trial. A motion to dismiss made to the delegate was supported by two justices who had presided over this trial. My client has already, by the dragging on of this hearing, been given disproportionate punishment.

There is more that could be said, but this post is too long already.

We move to dismiss.
 
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