Filing of Charges

[Blue Wolf II]

A recent court ruling regarding a FOI request related to this supposedly official release of information ruled that the information was not, in fact, released by the government at all, but by an unnamed association of TNP members whom are outside the government entirely.

It is therefore obvious that Delegate Eluvatar was not acting in an official government capacity when that information was released, thus violating several laws:

Section 2: Espionage
A - "Espionage" is defined as the use of a Nation or Persona within The North Pacific for the purpose of gathering information for a group or region not officially sanctioned by the lawful government of The North Pacific as governed by the Constitution and the Bill of Rights.
B - The information gathered must be of a nature that a person that has not registered on the official forums or has not attained Regional Assembly status would be unable to access it without circumventing real-life legal means.
C - Exceptions may be given to members of the military and intelligence services of The North Pacific, with the consent of the Delegate and the appointee of the Delegate who commands the military or intelligence services of The North Pacific. This exception is only valid when on officially sanctioned missions for the purposes of perserving Regional security and the Constitution and the Bill of Rights.

By the Court's most recent ruling, Eluvatar used his position of Security Council member and Delegate to obtain information that he otherwise would not have been able to obtain. He did so, according to the court, to fulfill the goals of a group outside the government entirely if this was not true, the FOI request would have been granted. In fact, by Eluvatar's own claim the information obtained was given to a group outside government control, as a matter of fact he used it as a justification for not fulfilling a FOI request and this claim was later verified by the Court itself.

It is quite clear that evidence exists to suggest that Delegate Eluvatar used his official position to obtain information that otherwise would not be accessible, as shown in a logged conversation between myself and Justice Hileville, whom allowed me to re-post this with permission.

<Hileville>: Elu got the log more or less because of being in TSP's cabinet and his position in TNP at the time.
<Blue_Wolf>: What was his position in the TNP at the time?
<Hileville>: SC.

The original posting may be found here.

The Court's most recent ruling suggest that this information was gathered on the behalf not of TNP government but for some as of yet unnamed group within TNP, acting outside government constraints and sanction. This leads to the next charge to be filed

Section 4: Election Fraud
A - "Election fraud" is defined as the willful deception of voters or residents of The North Pacific with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
B - "Impersonation" is defined as behavior that fraudulently assumes or acts the character of an extant or former nation or otherwise fraudulently pretends to represent any part or whole of The North Pacific and its government.

If the any of the above is true, Eluvatar is also guilty of Impersonation, specifically when he pretended to represent TNP's government in order to obtain information for a non-official, non-governmental group existing within TNP.

These are the charges I am filing this day, 22 Jul 2012. Due to a conflict of interests, I am removing myself as Associate Justice in this matter and suggest flemingovia as my replacement. I also ask for both the Attorney General and the Chief Justice to temporary step down and name replacements, in regards only to this specific matter, as both have a very clear involvement/conflict of interests in this case and both may later be asked to take the stand.

-Wolf

 

[unibot]

May I approach the court as an Amicus curiae to provide a rebuttal of the impersonation charge?

 

[FALCONKATS]

I WILL BE STILL SITTING AND NO NEED TO RECLUSE MYSELF

 

[Tyler Kazakov]

Well Well Well.

 

[Hileville]

I will recuse myself and leave all appointments to Falc.

 

[Georgiana]

Well, I cannot wait until the trials for this.

 

[The Palindromic Land]

Well, I cannot wait until the trials for this.

History suggests it will last for months, and if it does ever reach a verdict, it will be argued over so hard that it will never be enforced.

 

[Hileville]

It is quite clear that evidence exists to suggest that Delegate Eluvatar used his official position to obtain information that otherwise would not be accessible, as shown in a logged conversation between myself and Justice Hileville, whom allowed me to re-post this with permission.

<Hileville>: Elu got the log more or less because of being in TSP's cabinet and his position in TNP at the time.
<Blue_Wolf>: What was his position in the TNP at the time?
<Hileville>: SC.

The original posting may be found here.

I actually never gave you permission to post it the first or second time.

 

[Blue Wolf II]

<Hileville>: Elu got the log more or less because of being in TSP's cabinet and his position in TNP at the time.
<Blue_Wolf>: What was his position in the TNP at the time?
<Hileville>: SC
<Blue_Wolf>: Would you mind if I used this log
<Hileville>: I don't care.
<Blue_Wolf>: Thank you.

Oh really now?

 

[Tyler Kazakov]

Yea, um wow.

 

[punk d]

Can I ask a point of clarification? What is the timeframe for the court to address these charges?

EDIT - I'm going to try to answer my own question:

Section 3.3: Criminal Trial Procedure
10. When seeking an indictment to eject or ban, or expel from the RA due to oath violation, pending a trial, the Government must inform all the Justices.
11. Any Justice may approve or deny an indictment, and their decision will be final.
12. Once an ejection is performed, the Government must notify the ejected nation of their rights within one hour, and publicly submit a criminal proceeding to the court within six hours.
13. Once a criminal proceeding is presented, the defendant will have 48 hours to enter a plea, or a plea of "Not Guilty" may be entered for them.
[...]

Per the penal code espionage looks like it results in a suspension of posting and voting rights. I couldnt find specific punishments for impersonation nor could i find the link to the legal code BW cites. it would seem impersonation penalties could be anything then, per the penal code.

so what are the next steps here and who's running this ship?

 

[Georgiana]

Can I ask a point of clarification? What is the timeframe for the court to address these charges?

I am hoping that the justice dealing with this matter does not drag it out for months.

 

[mcmasterdonia]

The Justice in charge of this matter, is Justice Falconkats

 

[Hileville]

Can I ask a point of clarification? What is the timeframe for the court to address these charges?

EDIT - I'm going to try to answer my own question:

Section 3.3: Criminal Trial Procedure
10. When seeking an indictment to eject or ban, or expel from the RA due to oath violation, pending a trial, the Government must inform all the Justices.
11. Any Justice may approve or deny an indictment, and their decision will be final.
12. Once an ejection is performed, the Government must notify the ejected nation of their rights within one hour, and publicly submit a criminal proceeding to the court within six hours.
13. Once a criminal proceeding is presented, the defendant will have 48 hours to enter a plea, or a plea of "Not Guilty" may be entered for them.
[...]

Per the penal code espionage looks like it results in a suspension of posting and voting rights. I couldnt find specific punishments for impersonation nor could i find the link to the legal code BW cites. it would seem impersonation penalties could be anything then, per the penal code.

so what are the next steps here and who's running this ship?

Sections 10-12 were ruled unconstitutional and are no longer used.

 

[punk d]

we need an updated code link. The one in Grosse's 'temporary link' thread at the top of this subforum links to something that is apparently obsolete.

i really hope these charges are addressed timely, no small issue here to have the sitting delegate charged with a crime, although in TNP it's probably more commonplace.

EDIT: Fixed the grammar massacre I committed.

 

[Blue Wolf II]

Justice FALCONKATS, I would like to respectfully withdraw my initial recommendation of Flemingovia to fill my seat, as it has come to my attention that he may have to stand as a potential witness.

I instead recommend Former Chief Justice Haor Chall, should he accept, to be the replacement for my seat. He is very experienced in these matters and I believe he has been removed enough from the details of this case to be as impartial a candidate as one can find.

 

[Pasargad]

this is really crazy .
charges should be brought against BW for planning to take delegacy by using foreign help.

 

[Flemingovia]

this is really crazy .
charges should be brought against BW for planning to take delegacy by using foreign help.

PArs: if you feel there is evidence and grounds, bring charges yourself.

I have looked at both the evidence and the law, and concluded that there is no case to answer under tnp law.

But please, feel free.

 

[Blue Wolf II]

charges should be brought against BW for planning to take delegacy by using foreign help.

Oddly enough, no proof exists that I was even planning to use "foreign help" beyond Elu's unsubstantiated claims of raider involvement. Unless, of course, you believe a statement of support for the planned Constitutional Convention is the same as "help".

 

[Pasargad]

this trial will be useless same as any trial brought against you because in the end you did choose not to do it same way i decided to let you take over delegacy ,although at that time many wanted me to prevent you from becoming delegate as you were recalled by RA . i also believe that elu should not have released those logs when he had no intention of complaining against you.

 

[unibot]

I question how relevant the "impersonation" charge is when the Law 22 Amendment that added "impersonation" as a criminal charge was added to the books on Apr 18 2012.

 

[Blue Wolf II]

I believe that still covers the scope of the incident at hand, beyond that, we don't now just how long he's been gathering intel for this group but the evidence seems to support it occurred several times past the 18 APR 2012 date.

 

[unibot]

I believe that still covers the scope of the incident at hand, beyond that, we don't now just how long he's been gathering intel for this group but the evidence seems to support it occurred several times past the 18 APR 2012 date.

I can't say for certain either way, but I believe that the dates will probably come into play in the matter. That's all I wanted to bring up as a friend of the court.

 

[Flemingovia]

This is one advantage of the flemingovian constitution. Because GOD'S law is eternal, you cannot weasel out of charges on technicalities concerning when a law was adopted, which is what is going to happen here

Just saying.

 

[Haor Chall]

Justice FALCONKATS, I would like to respectfully withdraw my initial recommendation of Flemingovia to fill my seat, as it has come to my attention that he may have to stand as a potential witness.

I instead recommend Former Chief Justice Haor Chall, should he accept, to be the replacement for my seat. He is very experienced in these matters and I believe he has been removed enough from the details of this case to be as impartial a candidate as one can find.

I would be willing to serve if required. I believe the decision lies with Justic FALCONKATS to make now?

 

[Eluvatar]

I have retained Belschaft as co-counsel on any matters related to any complaints by Blue Wolf II against me related to the intelligence obtained during his Delegacy and published during mine.

 

[FALCONKATS]

With deep regret on not having BW II as a justice With great honor and respect I here by accept Haor Chall as Justice for this trial and am glad to have his expertise and judicial experience.

 

[Kiwi]

I object greatly to Blue Wolf II having effectively chosen BOTH justices for the last two court proceedings he has filed for. Once he has filed charges he shouldn't be saying anything as he has a sizable conflict of interest in this case.

This is unacceptable. Particularly in this situation. Before proceeding I would ask Justice FALCONKATS to at least CONSIDER other candidates.

 

[Belschaft]

From the Office of Belschaft, Attorney at Law, on the behalf of Eluvatar​

The accused notes that the plaintiff, Blue Wolf II, does not posses the legal right to file charges, merely to make an accusation of criminal wrongdoing. The power to file formal criminal charges is invested within the office of the Attorney General by Chapter Three, Section One of the Legal Code, and the current Constitution does not allow civil cases. As such it is the belief of the accused that these filings are illegal, and that the Accused is not at this time charged with any crime.

The accused hereby requests that the Attorney General examine the brief submitted before the court by Blue Wolf II, and come to a decision as to whether or not charges will be filed against him. It would be appreciated if this could be completed within a timely manner.

 

[Blue Wolf II]

This is quite correct, and I've been waiting for the AG to chip in since the very start of this thread.

Unfortunately, even though I've seen him reading this topic quite a few times, he seems unwilling to make any comment. Perhaps he feels he can just ignore it and it will go away or perhaps he is unsure of how to proceed, given that he will have to recuse himself from this matter since he'd more than likely be called to the stand as a possible witness.

 

[Eluvatar]

Why did you choose to ignore the Attorney General's Complaints topic and create a new topic in the Court instead?

 

[Blue Wolf II]

Probably for the same reasons as McMaster when he pressed for Treason charges against Mall. I was unaware such a topic existed.

 

[Belschaft]

MC was requesting an indictment to eject and ban Mall, not filing charges. The AG then filed charges within six hours, as is legally required - had he not done so then Eluvatar would have had to unban Mall.

 

[Grosseschnauzer]

Bluw Wolf you chose not to file the complaint with the Attorney General, and therefore, I have no role to play in this since you filed it directly with the Court.

Further inasmuch as you claim I have a conflict of interest, I'm not officially responding in this thread, period.

File something appropriate in the Attorney General's area, and I'll officially respond at that time.

And as a member of the RA, I agree with Kiwi. You are not entitled to indirectly appoint the Court that is to hear your complaint. Which is what you are doing. And as a result, I question those appointees' ability to be impartial since your influence in their appointment colors them as not having the appearance of impartiality. I ask that those appointees as temporary justices be recused due to this appearance of bias in the manner of their appointment.

 

[Blue Wolf II]

It is Fal's job, as acting Chief Justice, to determine bias. I can only recommend, not approve. As you can see, we have a fail-safe written into the law itself. If you think the fail-safe doesn't do enough, change the law.

Further inasmuch as you claim I have a conflict of interest, I'm not officially responding in this thread, period.

Eventually, you're going to have to choose a replacement for yourself just as you did in the Mall Trial and, just as in the Mall trial, the acting Chief Justice will have to approve that recommendation.

Of course, you don't believe doing such things is in good standings with impartiality, which is why you appointed Earth to replace you in the Mall Trial, but I respect your suddenly new found objections to a process you didn't have any problems with a few weeks ago. I'm sure you're actions are only in the region's best interests. I'm sure.

 

[Eluvatar]

Of course, you don't believe doing such things is in good standings with impartiality, which is why you appointed Earth to replace you in the Mall Trial, but I respect your suddenly new found objections to a process you didn't have any problems with a few weeks ago. I'm sure you're action only in the region's best interests. I'm sure.

I'm not sure I that this argument makes coherent sense to me. What I do understand, however, is that Earth was appointed because Grosseschnauzer was not available, not because he believed he had a conflict of interest.

 

[Blue Wolf II]

What I'm saying is that he suddenly believes that process to be corrupt and unfair, even though he just used it. A Justice or AG can remove themselves from a case and then make a recommendation for a replacement, like I did here and what he did in the Mall case. The difference being all of a sudden its a massively unfair process, even though its ultimately the Chief Justices decision to actually appoint that recommendation or not.

The double standard is rather glaring and obvious.

 

[Belschaft]

The difference is that Grosse did not have a conflict of interest when he nominated Earth. He couldn't do the job as he was busy IRL. You cannot do the job as you are the plaintiff. There is a massive difference.

 

[Blue Wolf II]

Well, then I guess Falc could remove HC from the court and he can appoint someone I didn't nominated as to make it "unbiased".

On a side note, I nominative every RA members to be my replacement including, but not limited to, Abbey Anumia, Agasteon Empire, Aramyll, Camwood, collettiquette, Cylar, Drop Your Pants, Dyr Nasad, Earth, Emperor Bad, Finn, Funkadelia, Ganzjar, GMLP, Hushland, Hyanygo, Krintzaika, NNN Romaland, Oriole Electronics, punk d, Queen Ravenna, Ravania, Redamerica, rufusexc, Sanctaria, saor, Terran Redux, The Palindromic Land, TheGrandNagus, Todd McCloud, TOHOATNP, Tyler, Tyrranus, Whamabama, yellow103, and Zaolat.

Thank you.

 

[Kiwi]

I will clarify my request since Blue Wolf seems incapable of having a rational discussion.

I requested that FALCONKATS CONSIDER others for the position. (Apparently caps alone was not enough emphasis for some.) His phrasing suggests no consideration of other candidates.