From: Carol & John Wiebe <wiehaven@humboldt1.com>

Date: June 2, 2009 8:41:30 AM PDT

To: miraj4@sbcglobal.net

Subject: Fwd: Need your confirmation...

X-YMail-OSG: I.m1IRoVM1kUcWRFOKVFTk7KYvJ8bO1HvN2G.01BQaAo7O37crEMwq2LMwBHTQ3p3U2y7tsuDdqjCCiwDOZ8M9K9IFneHRzZ4QLlduhwgz5Q1AIwHViBnuXn41DD9DMDZVxqlgHs2j.Py.GOUv4RtTEyGJsIgeAy8oTZkxtzP_JxSLK_1sa9jLKqecx9wWbgU7WHYOZSQQnVymHPhbZ.73f8G0.UVJTFv2H3XKIOloTF4_nVLBkd4bd_lVeSBlNqQ.UT4PpMT_ax4LApZ6jCZZMgTOPkkAQyAHVRdTkiH0PXJgplPAkShRMlLLNBz62q1lC.F2uDE5LzjnMjSAscSUnerJb.Ec7YfIo75YsEK_yLk_wO4p40MJIJjOR26PYHfmY232cCL_i5Njtd6NPMAmXLB9wvmhlKkWdso.yHHARUBdEUWXofHS5.ow.mCLQOjy0lEt.brZdEXj34X7HssVklelhtwtBp.t5bD51MFPuzSd2xVX-Yahoo-Newman-Property: ymail-3
Date: Mon, 1 Jun 2009 11:50:50 -0700
To: <jnoun@sbcglobal.net>
From: Jack Nounnan <jnoun@sbcglobal.net>
Subject: Need your confirmation...
X-pstn-neptune: 0/0/0.00/0
X-pstn-levels:     (S:29.52015/99.90000 CV: 2.0937 FC:95.5390 LC: 0.0000 R:95.9108 P:95.9108 M:97.0282 C:98.6951 )
X-pstn-settings: 5 (2.0000:2.0000) s CV gt3 gt2 gt1 r p m c
X-pstn-addresses: from <jnoun@sbcglobal.net> forward (user good) [1341/50]

Folks....Have been working with Sheryl Seidner, our Eureka lawyer and Dave Meserve  to make the best of our efforts in Oakland... trying here to "get the word out" .... to World Can't Wait and others who are on our side and may want to help make the best  of that time. The following is what we've come up with. Please get right back with your ideas,  changes, whatever...because  we ought to get it going...... to give enough time  for organizing...

         Thanks much     jack

Spreading the word among our friends in the Bay Area about this  upcoming  Court appearance and possibly your help with an action  in support of these efforts .... say, a noon time rally or ?

                

  U.S. vs. Arcata and Eureka:
Anti-Recruitment of Minors
Finally Reaches The Court!

 
Tuesday June 9

 
1:00 pm
Oakland Federal Courthouse
Courtroom# 3

 

We've raised the issue of recruitment of minors to this level. It's obviously  a  great moment, regardless of the results,  for reaching more Americans with  inspired public actions in support.

Federal Court Judge Saundra Armstrong is scheduled to hear oral arguments on two motions brought by the "other side" aka the United States:

 
1) Motion for Judgment on the Pleadings: the US is arguing that, as a matter of law, Measures F and J are both invalid under the Supremacy Clause of the US Constitution. 

 

2)  Motion for Dismissal of the Cities' Counterclaims:  Arcata and Eureka ("the Cities") assert in counterclaims that U.S. recruiting practices are themselves invalid because they are in conflict with International Treaty obligations which restrict recruitment practices directed at minors.  The U.S. argues that the Cities have no standing to bring the counterclaims, based on a lack of harm to the Cities themselves.  Ironically, this is being argued in the face of the recent ruling by Judge Armstrong that excludes the the sponsors, [name the sponsors], of  Measures F and J, which voters passed, from being present in the lawsuit. The judge ruled as such on the basis that the Cities' will be able to present a full defense of the measures without the sponsors. Even though the Judge's recent decision excludes the sponsors, it certainly confirms that the cities have an interest!

 

It should be understood that  Federal judges  are known to cancel oral argument such as the one presently scheduled for June 9th, and simply issue a ruling on the written briefs.  Oral argument is at the Judge's discretion, but that need not undermine our plans.

 

Background:

On Nov. 24, 2009 voters in  cities of Eureka and Arcata, Calif. passed  ballot measures F and J , enacting identical ordinances:

* No person who is employed by ,or an agent of the United States government shall, within the cities of (Arcata / Eureka), in the execution of their duties, recruit, initiate contact with the purposes of recruiting or promote the future enlistment of any person under the age of eighteen into any branch of the United States Armed Forces.

The United States filed a complaint (lawsuit) on Dec. 23, 2008 seeking invalidation of these ordinances under the Supremacy clause of the federal Constitution

  Humboldt Youth Protection Group

707-442-8733

++++++++++++++++