SELECTED KEY FINDINGS OF EVIDENCE REVIEWED
On the basis of the documents reviewed and the oral reports heard from Messrs. Clark and Anderson, we found the following facts and circumstances, among others, which undermine the validity of the indictment and conviction of
LaRouche, et al.
- Evidence showing the political basis and motivation of the prosecution.
- The political activity of LaRouche was the sole reason for the government's instigation of prosecutions against him. This is reflected in the memorandum of FBI Director William H. Webster to FBI Deputy Director Oliver
Revell, dated 1/12/83. (Motion To Vacate, Set Aside, Correct Sentence Under 28
U.S.C. 2255, Or, In The Alternative, Grant A New Trial Under Rule 33 By Persons In Federal Custody, in U.S. v. Lyndon H.
LaRouche, Jr. et al., hereinafter "2255"--Tab 2)
- LaRouche and his associates were groundlessly placed under a "national security" classification and investigated under Executive Order 12333 in order to legalize extraordinary and otherwise illegal investigative methods against them. (2255 Tab 2: Webster memorandum; 2255 Tab 4: affidavit of FBI Special Agent David R.
- The New York office of the FBI proposed to the Director of the FBI to support Communist Party of the United States
(CPUSA) measures against LaRouche "for the purpose of ultimately eliminating him." (document received by Lyndon LaRouche under the Freedom of Information Act on 12/31/91)
It is generally known that the CPUSA was an organization financed by the Communist Party of the Soviet Union.
- Documentation of the manufacture of evidence and other gross prosecutorial abuses
- The government pressured lenders to testify that they were victims of mail fraud, although the government knew in advance that they were political supporters of
LaRouche, not victims of a financial crime. (2255 Tab 6: FBI
- The government deliberately and systematically withheld exculpatory evidence (Brady material), despite its constitutional obligation to reveal such exculpatory evidence to the defendants. (2255 Tab 8: memorandum of FBI Director to SAC Boston and New York, 8/25/88, and memorandum of FBI SAC Boston to FBI Director, 1/10/89; 2255 Tab 19: memorandum of FBI SAC Chicago, 9/22/88)
- Government agents, and others acting in concert with them, subjected witnesses to psychological manipulation ("deprogramming"), threats and enticements in order to obtain testimony against
LaRouche. ("Deprogramming"--2255 Tab 88: memorandum of FBI SAC Boston, 7/9/86; tape recorded statements of Loudoun County, Virginia, Deputy Sheriff Donald Moore to FBI informant Douglas Poppa quoted in supplemental filing to 4th Circuit U.S. Court of Appeals, Rec. #92-6701; threats and enticements--2255 Tabs 114, 115, 116; letter of Chris Curtis to New Mexico Securities Division; affidavit of New Mexico Securities Division official; letters from Donald Moore to George Mason University Law School)
- The government groundlessly obtained an illegal bankruptcy order against debtor companies, which made them unable to repay loans, for the non-repayment of which LaRouche and his associates were then convicted. This order was subsequently overturned in Federal Bankruptcy Court. (2255 Tab 12: Order ofJudge Martin V.
[Arrangements to review the evidence and materials considered by the undersigned can be made by contacting The Schiller Institute by mail at Post Office Box 20244, Washington, D.C. 20041, or by telephone at (202) 544-7018.]
Executed this 3rd day of September, 1994.
CURTIS L. CLARK
San Luis Obispo, California
JAMES R. MANN
former Member, U. S. House of Representatives
Greenville, South Carolina
THEO W. MITCHELL
Senate of South Carolina
Greenville, South Carolina
J.L. CHESTNUT, ESQ.
Author, BLACK IN SELMA
JAMES E. WILSON, JR., ESQ.
Vice Chairman, Alabama New South Coalition
Collegial Judge, Montreal Regional Tribunal
Former Professor of Philosophy of Law,
Notre Dame University School of Law
Former Attorney General, Republic of Uganda
Former President, Republic of Uganda
Member of Congress (PRI), Mexico
PATRICIO RICKETS REY DE CASTRO
Former Minister of Education, Peru
PROF. KURT EBERT
Member, Center of European Law, University of Inssbruck
Director, Institute of Austrian and German Legal History, Austria
Chairman, Bureau for Human Rights Defense Without Borders
Former member, Moscow City Council