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Stockman Convicted Through Government Trickery Says New Brief

Steve Stockman
A new “friend of the Court” brief asking that the conviction of former Rep. Steve Stockman be thrown-out has been submitted by American Target Advertising. The brief filed with the 5th U.S. Circuit Court of Appeals was joined by former Georgia Congressman Bob Barr, L. Brent Bozell III of the Media Research Center, Floyd Brown of American Fight Back, former U.S. Office of Personnel Management chief Donald Devine, historian William Federer, Colin Hanna of Let Freedom Ring, Jenny Beth Martin of Tea Party Patriots Action, Colby May of the American Center for Law & Justice, former U.S. Rep. Bob McEwen, R-Ohio, Rick Scarborough of Rick Scarborough Ministries and Richard Viguerie of American Target Advertising.

Former Texas Congressman Steve Stockman, whose defenders claim he was targeted because he promised to go after the "Deep State" when he was elected to represent the 36th congressional district just east of Houston, is appealing his conviction and sentence. His conviction was for misusing funds donated to non-profits he worked with. The counts primarily related to how checks from two donors totaling about $950,000 were used. He was sentenced to 10 years last year after his conviction.

The brief filed in support of his appeal contends the precedents the government set during its prosecution of Stockman will make it easy to attack people if they are engaged in "ideological, political, or even religious education, discourse, advocacy, and missions."

The new brief explains to the court that fundraising for both nonprofits and for political committees is protected by the First Amendment.

"Stockman's conviction based on fundraising communications involving his associates cascaded into charges of mail fraud, wire fraud, money laundering, and failures to report or file informational and tax returns with the government," the brief states. "The predicate act of fundraising in fact cascaded into a sentence of 120 months in jail.

"To reach a conviction and this draconian sentence for the outspoken former Congressman Stockman, the government confused the law governing nonprofit fundraising and campaign finance, and presented its case in a manner that confused the jury."

Further, the jury instructions from the government "were wrong as a matter of law," and using those standards in future cases "may make them and others engaged in ideological, political, or even religious education, discourse, advocacy, and missions easier marks for, and vulnerable to, selective, discriminatory, or politically motivated investigations and prosecutions."

The checks totaling about $950,000, on which the case was based, "were raised legally and without fraud," the brief charges.

"The cascading charges therefore must fall."

It points out that the issue involves complex laws, and "the government's case relied on that complexity to confuse the jury."

The only donor who testified at trial confirmed that the government "confused the standard of what constitutes fraud in the solicitation of donations for tax-exempt causes, confused the law applicable ... and misstated the law governing 'express advocacy.'"

"The government may not take the position, whether for the alleged 'independent expenditure' or other projects at issue in the Stockman case, that everyday flexibility of how nonprofits spend their money on projects, everyday logistics of direct mail, or even common failures in nonprofit projects, are the equivalent of 'intentionally misleading statements designed to deceive the listener.'"

It continues: "Under the theory of fraud used by the government, few if any charitable endeavors - particularly start-ups - could proceed. They would need to put donations in a lockbox while not being able to use those donations for administrative overhead (including even regulatory compliance costs), the costs of conducting more fundraising, or costs of promoting and marketing their missions in ways to educate the public about causes, which has innate benefits and attracts more donations," the groups argued.

"The government's position would not only severely impede the First Amendment rights of tax-exempt organizations to education the public and promote their missions, it would smother and extinguish many organizations."

The bottom line is that the government "unlawfully treated lawful fundraising as predicate acts for other criminal charges. Stockman's conviction should be reversed," the brief says.

Stockman's record was one of a conservative warrior. He investigated the misdeeds of the Whitewater Development Corp., opposed Hillarycare in the '90s, stood against the Mexican bailout, pursued the impeachment of Eric Holder, blocked immigration and gun bills the left demanded, called for the arrest of Lerner, worked to eliminate automatic citizenship for "anchor babies," attacked the systematic sexual abuse of children in schools, pushed to sanction China for its abortion agenda, coordinated demands for a special investigation into Benghazi and much more.

What’s even more noteworthy is that Steve Stockman’s journey through the underbelly of the federal judicial system began when he filed a House Resolution demanding the arrest of Lois Lerner for contempt of Congress. Within two weeks of that constitutionally protected action the FBI was at then-Congressman Stockman’s door and he became the subject of a three-year witch hunt.

And who was at the helm of this witch hunt?

Raymond N. Hulser, a career Justice Department official copied by Lois Lerner on emails arranging the undue scrutiny of the Tea Party and other conservative organizations.

And Stockman’s FBI persecutors weren’t even subtle about the motivation for his oppression, saying (according to witnesses), “You know Lois Lerner is our former colleague,” and taunting him with comments such as, “I hate the Wall,” and “I’m from Jefferson County, my Dad was friends with Jack Brooks [the liberal Democrat Stockman defeated].”

If all of this sounds familiar it should, because these are the same heavy-handed tactics used against American citizens caught-up in the witch hunt conducted against President Trump.

Steve Stockman is an old friend, a fellow limited government constitutional conservative, and the victim of a corrupt government vendetta. To help with Steve Stockman's appeal please go to https://defendapatriot.com/donate/ and make your most generous donation. 

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This is yet another political assassination/vendetta. Making threats against Deep State, nee CIA, is extremely dangerous. Stockman's involvement in Whitewater no doubt put him in the sights of the Clinton mafia as well, since that mafia is most definitely up to it sears with Deep State. Think about it how else did Bonnie and Clyde commit so much treason and crime while waltzing away unscathed? They know where the bodies are buried and I do mean that literally.