Thursday, January 10, 2013

Alaska POW Schaeffer Cox Files Notice Of Intent To Appeal Both Conviction And Sentence With The 9th U.S. Circuit Court Of Appeals

On January 10th, 2013, Schaeffer Cox gave notice that despite his penitent remarks at his sentencing hearing, he will continue his fight for justice. Both KTUU Channel 2 and the Anchorage Daily News report that Cox has filed notice of his intent to appeal both his conviction and his sentence with the Ninth U.S. Circuit Court of Appeals. The appeal court has accepted the filing and has set a due date for the brief in April. The Anchorage Press has also just jumped into the fray, albeit publishing only a partially-related recap of the notable events of Cox's life.

Cox has also asked that his filing fees be waived because of lack of personal funds. In addition, by mutual agreement between the two, Cox's attorney Peter Camiel will withdraw from the case not only because he is not the list of attorneys who could be appointed to appear before the appeals court, but because Camiel could be called as a witness.

At this point, it would seem unlikely that the appeals court would set aside Cox's conviction even though he never carried out any threats and the two snitches inserted into his group may have pushed his militia to cross the line into legal exposure. However, there's a chance the lengthy sentence could be overturned, since 26 years seems grossly excessive and not proportionate with the seriousness of the crimes. Cox could also cite the fact that the state of Alaska chose to drop all similar charges altogether as a mitigating factor. I wouldn't be surprised if the appeal courts sent the case back to the original judge for re-sentencing.

The sentencing of Schaeffer Cox attracted considerable discussion in the Alaska Citizens Militia Google Group. Norm Olson has concluded that the courts are puppets of the federal government and the 1st Amendment is dead. He expects a backdoor incremental assault on the 2nd Amendment, suggesting that new laws will still technically support the 2nd Amendment, but will impose restrictions upon the assembly of armed individuals. This could mean that hunt clubs and the like would still be okay, but once you put on the camo and start grunting through the woods, you would be in violation. Olson thinks that the question about what constitutes a legitimate and constitutional militia could work in Cox's favor during his appeal. Olson defines his militia as "well-regulated" because it is an organized militia rather than an unorganized militia; he thinks being an organized militia may better preserve Second Amendment protection.

The Southern Poverty Law Center also posted its own account of Cox's sentencing. Other than referring to Cox as "dangerously delusional" in the headline, it was mostly a re-print of the Anchorage Daily News story. One lunatic wrote in response "...His parents should be sitting in the next cell for the next 25 years with him"; this person would have made a good henchman for Josef Stalin, since the Soviet Union also used collective punishment as part of their totalitarian strategy.

The sentencing was also discussed on Stormfront, where one person wrote "Sounds like he got 26 years for being a loudmouth. Telling a judge his friends he would rather murder her than stand before her and killing officers, all this while collecting grenades and silencers. This is the type of guy that the ZOG/media uses to strip decent gun owners of their weapons. It does seem like a seriously extreme sentence for being loud and stupid, but is likely also an example being set to show how militia members will be treated". Another person questioned the role of the informers, wondering how much of the "100 hours of conversations" the informers manipulated Cox into saying. A third person said the FBI and other "alphabet agencies" manipulate and egg on extremism, which has been repeatedly proven in the past.

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