I believe this is a serious issue everyone should be aware of. Our own ignorance will bind us if we do not educate ourselves. Is Anne Tompkins the real terrorist here? Lying to instill fear in others? For shame, for shame.
Liberty Dollar II – Did Prosecutor Anne Tompkins Violate Ethics Rules?
by Bill Rounds J.D. on April 11, 2011
Anne Tompkns’ Liberty Dollar saga continues. Since the conviction of Bernard Von NotHaus for his involvement, there has been significant discussion about that case, its merits, motivations and implications. Contrary to the reports of many commentators, the legal issue in the case was fraud rather than a tyrannical government unjustly imposing its will. In a follow up article Liberty Dollar Part III I will include a much more detailed analysis of the relevant law and its constitutionality.
But there is an aspect of this case that has the stench of tyranny which I think a lot of people smell. The motivation of the United States attorney’s office, including Anne M. Tompkins, Jill Westmoreland Rose, and others, is much more suspicious.
It is possible that some of the prosecutors involved in the case have violated Rules of Professional Conduct. A violation could subject them to professional sanctions and possible disbarment. They may have also defamed Mr. Von NotHaus. I am approaching this professionally from a criminal defense perspective and a plaintiff’s tort lawyer as if I were advocating for Mr. von Nothaus.
Prosecutors Made False Statements of Law In The Indictment
Prosecutors indict people who they think have broken the law. The indictment is the legal justification for depriving people of their liberty and property.
The indictment in the Liberty Dollar case (at paragraph 33) states:
Article I, Section 8, clause 5 of the United States Constitution delegates the power to coin Money and to regulate the value thereof. This power was delegated to Congress in order to establish and preserve a uniform standard of value. Along with the power to coin money, Congress has the concurrent power to restrain the circulation of money which is not issued under its own authority in order to protect and preserve the constitutional currency for the benefit of the nation. Thus, it is a violation of law for private coin systems to compete with the official coinage of the United States. (emphasis added)
There is no basis in the law or anywhere else which can support the part in bold letters in any way. I will compare the prosecutor’s false and misleading summary of the law to the actual law.
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