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Friday, October 31 2014 @ 07:06 AM CDT

Judge Rules No to Peltier/Black Horse Lawsuit

Indigenous

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.

LONG RIDE HOME: PELTIER/BLACK HORSE LAWSUIT STALLED

by antoinette nora claypoole

Photo version of this piece: http://antoinetteclaypoole.blogspot.com/2012/07/new-july-24-black-horse-lawsuit-update.html

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. But no details, as of yet. 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.

The current "loss" in court was perhaps anticipated.

Yet warrants another peek into the complexities of this historical, brutal mess.

MORE TAR, MORE FEATHERS

Trying again, various long time Leonard Peltier/ American Indian Movement (AIM) supporters are rallying this summer. And Fall. The effort includes the current Black Horse lawsuit and FOIA requests filed by one of 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, 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).

DOUBLE SPEAKING FBI

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 focussed 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.

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 and John Graham. 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. And at least it may help Leonard Peltier, in his current, efforts for Clemency.

PELTIER SEARCH, COMMITTEE

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. 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.

*~*~*~*~*~

Sources:

Author BIO
http://www.antoinettewritings.blogspot.com

Peltier website
http://www.whoisleonardpeltier.info

Ghost Rider Roads
New book of old AIM history
http://www.edlittlecrow.blogspot.com

John Graham
http://www.antoinetteclaypoole.blogspot.com

Arlo Looking Cloud
http://www.lookingcloudpieces.blogspot.com

Pacer Court Documents
(google search)

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