[imc-st.louis] Rainbow Investigation by OIG - I. Full Info ~

[scottie a.]

     D. Wirtshafter, Attorney at Law
     S. Addison, PCU_/Free Assembly Project
     ```````````````````````````````````````````````````

	1 January 2009			- PUBLIC RESOURCE INFO -


	Rainbow Investigation by OIG -  I. Full Info ~

	~ Witness Statements & Evidence are needed for an Inspector General's
	investigation of Rainbow Gathering harassment... a new opportunity
	to bring extreme Forest Service tactics to light, and stop interference
	in peaceable public gatherings for expression and prayer.


   **  BACKGROUND ~

       In a phone conference with the U.S. Department of Agriculture 
on 12/9/08, outgoing Under Secretary Mark Rey disclosed that an 
investigation was launched last July in the USDA Office of Inspector 
General (OIG), related to incidents at 'Rainbow Gathering '08' in 
Wyoming.  Our factfinding started the next day, with phone queries to 
OIG headquarters in DC, followed by a 
<http://www.free-assembly.org/gather/campaigns/usda-oig08/fong-faxltr-13de08.rtf/view>faxed 
letter on 10/13.
       A response came by phone on 12/18 from their office in Denver, 
where this case was referred... the Assistant Special Agent In-Charge 
confirmed the protocol for public inputs, and discussed their 
procedures at some length.

       This advisory draws on the counsel of experienced volunteers & 
legal workers around the gatherings, presented in 2 parts:
Here, "I. Full Info ~"...  reporting complete facts on the OIG 
investigation, its scope, status, and requirements, and providing 
suggestions & resources for preparing submittals.
In tandem, "II. Discussion ~"...   examining the process & politics 
of an Inspector General review, with concerns for key issues in any 
'Rainbow' investigation, and cautions on possible outcomes.


   **  SCOPE OF INVESTIGATION ~

       The stated focus is the July 3 incident at Kid Village -- 
defined at the outset by the original request within USDA, although 
the OIG Special Agent could not confirm the source or substance by 
phone.
In this light, it was made it clear to him that this was NOT an 
isolated incident, but "extreme and bellweather" in a long pattern of 
escalating harassment, crossing a new threshold of violence:  It was 
the first 'Rainbow' gathering where LEO's had actually fired weapons 
(of any kind) at unarmed people -- although in recent years various 
provocations have approached this level of danger.

       The July 3 incident is significant and worthy of investigation 
in its own right -- but it is inextricable from the broader history, 
and has to be understood in this context.  To this end, some 
background perspectives were outlined in the call -- especially the 
'Group Use' permit controversy which has raged for 12 years and 
remains unresolved, and the targeted police roadblocks which were 
found unconsitutional in 2 Federal courts, yet persist.

       Curiously, the lead agent on this OIG case was unaware of the 
concurrent investigation and ensuing 
<http://www.free-assembly.org/gather/newsinfo/aclu_rpt-rbw08.pdf/view>Report 
of ACLU-Wyoming.  All this was explained on the phone, and their 
October 3 Report was conveyed with thanks in a 
<http://www.free-assembly.org/gather/campaigns/usda-oig08/busby-note-18de08.txt/view>followup 
eMail to the Denver office.


   **  SUBMITTALS TO USDA-OIG ~

       The following address is confirmed, with a further option of using email:

		attn:  William Busby, Asst. Special Agent In-Charge
		USDA Office of Inspector General -- Investigations
		12136 W. Bayaud Ave. - Ste. 210
		Lakewood, CO 80228
			{OR}
		Bill Busby <wrbusby at oig.usda.gov>

       ~  Reference 'Investigation.... Rainbow '08....' (this is 
flexible),  Case # KC899-0025.
       ~  Send materials by Certified Mail to confirm delivery, if possible.

       1st -- they need 1st-hand written accounts of the July 3 
incident, as well as photos and video documentation provided by the 
makers... supported facts are useful, proselytic rants are not.
       Then -- also document other incidents & issues at the Wyoming 
'08 Gathering, to establish the pattern of official actions and sway 
of applied policies at this event... (this may extend to previous 
gatherings as well, 'pushing the scope' -- more on this in Pt. II).
       Send signed/affirmed originals*, with reliable contact 
information... agents may need to follow up by contacting witnesses 
directly, and sometimes interviewing them in-person.


   **  PREPARING MATERIALS:

	--  Writing a Statement:    Give a simple chronological 
account of the incident(s); short numbered paragraphs are best. 
State the location, date, and time, what you were doing there; 
describe what occurred with careful details on actions & statements 
made, and provide names, agencies, & badge numbers of  the Officials 
involved.  Say what YOU know or observed... reports from known 
sources can be noted, but unconfirmed hearsay is not useful.

	If helpful, use this 
<http://www.free-assembly.org/resource/toolkits/oigrbw-stmtform.rtf/view>'OIG-Rainbow' 
Statement Form, prepared as a formal
	presentation to this case investigation, with instructions included --
	downloadable in 'RTF' format, easily adapted as a clean final document.

	--  *Signing with Affirmation:    Per OIG, it was "not 
critical" to sign with a notary, but this is still the best way to 
confirm one's identity as signer.  As an alternative, include the 
following affirmation at the end, which serves to authenticate the 
statement & signature under Federal law:

	        "I declare under the penalties of perjury pursuant to 
28 U.S.C. 1746
	          that the above statements are true."

	--  Submitting via eMail:    Sending statements by postal 
mail is better, but OIG agreed to accept information by email as 
well.  You cannot actually 'sign' an email, so the above Affirmation 
is especially important.  It's a good idea to compose your statement 
as a printable attached document (Word '.doc', 'rtf', or 'txt' 
format), cleaner than an in-line message on an email page.  Also, 
request confirmation that it was received and entered into the case 
record.

	--  Presenting Photos, Videos, & Audios:    If you took 
photos or videos of an incident, or made an audio recording, such 
items must be 'authenticated' - i.e., affirmed as a true record of 
events, made by you personally.  (Download an all-purpose 
<http://www.free-assembly.org/resource/toolkits/auth-record-v2.rtf/view>'Authentication' 
form here, ask for help if needed.)
This carries far more credibility than anonymous Web images or 
'YouTube' videos... and it makes these items usable for legal 
purposes, and admissible as evidence if needed.

	--  Preserving Documentation:    Rights advocates & allies 
need to know what goes into this investigative record, what 
statements and records are presented, and to make sure that these 
materials are preserved for public-interest research and legal 
purposes.  An agreeable attorney can protect this information and 
share it appropriately... please send copies of OIG submittals, 
and/or cc- by email:

		Don Wirtshafter, Attorney		email: 
<don at hempery.com>
		PO Box 18 (7002 State Rte. 329)
		Guysville, OH 43735

	Questions, ideas, debate, and support are encouraged.

	______________________________

       ______________________________


       Respectfully:	scottie addison		    Don Wirtshafter
		PCU_/Free Assembly Project	    Attorney at Law
		St. Louis, Missouri		    Guysville, Ohio
		  <pcu at free-assembly.org>	      <don at hempery.com>
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