28 January 2001: Link to description of grand jury experience.
9 January 2001: Add transcription of subpoena package.
8 January 2001
For more on Jim Bell see information about his first conviction in 1999:
And below on his recent arrest and indictment:
Date: Mon, 08 Jan 2001 17:09:49 -0500
From: John Young <firstname.lastname@example.org>
Subject: Bell Case Subpoena
Today at 4:30 PM two Treasury agents, Tom Jack and Matthew McWhirr, served me a Subpoena to Testify Before Grand Jury, in US District Court of Western Washington, Seattle, WA, on January 25, 2001, 9:00 AM. Robb London, AUSA, is the applicant.
The agents asked no questions except to verify my identity. The principal agent, Mr. Jack, referred me to Special Agent Jeff Gordon for questions if I had any, and presented a note with Jeff's name, title, Treasury office, and phone number. Mr. Jack said they knew nothing about the case and were only serving the subpoena. I asked for Mr. McWhirr's name, borrowed his pen to jot both names -- neither had cards, only badges to show. Mr. Jack said they were with Treasury Inspector General for Tax Adminstration (TIGTA), as is Jeff.
The date of the subpoena is December 27, 2000, and was faxed to New York at 8:36 AM today.
The subpoena states in bold caps "We request that you do not disclose the existence of this subpoena, because such a disclosure may make it more difficult to conduct the investigation."
The subpoena is one page, with two pages of attachments, one titled "Information for Grand Jury Witnesses," the other a description of arrangements for reimbursement of expenses.
The subpoena orders:
You are commanded to appear and testify before the Grand Jury at place, date and time (as given above).
You are also commanded to bring with you the following document(s) or object(s):Please provide any and all documents, papers, letters, computer disks, photographs, notes, objects, information, or other items in your possession or under your control, including electronically stored or computer records, which:1. Name, mention, describe, discuss, involve or relate to James Dalton Bell, a/k/a Jim Bell, or
2. Were previously possessed, owned, created, sent by, transported, or oftherwise affiliated with James Dalton Bell, a/k/a Jim Bell, or
3. Contain the names, addresses, license plate numbers, or any other identifying information involving any Government employees.
This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
We'll do a full transcription of the whole shebang to post on Cryptome tonight.
Nothing in the subpoena indicates that it is restricted to the current charges against Jim Bell of interstate stalking of federal officials. Those charges are not mentioned.
Anybody else who got one of these, or other subpoenas, and wants to share send it over. Our fax: 212-787-6102. Delete any info you don't want to be public.
[1 page form, with 2 pages of attachments.]
503 326 2246 P.02/13
|AO 110 (Rev. 12/89) Subpoena to Testify Before Grand Jury|
United States District Court
WESTERN DISTRICT OF WASHINGTON
SUBPOENA TO TESTIFY
[X] DOCUMENT(S) OR OBJECT(S)
YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date and time specified below.
UNITED STATES COURTHOUSE
|DATE AND TIME
Jan. 25, 2001
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
BRUCE RIFKIN Issued in Blank
|(BY) DEPUTY CLERK
Patricia McCabe [signed]
|This subpoena is issued on application
of the United States of America
|NAME, ADDRESS AND PHONE NUMBER OF ASSISTANT U.S. ATTORNEY
ROBB LONDON, AUSA
[Attachment 1, 1 page.]
503 326 2246
INFORMATION FOR GRAND JURY WITNESSES
This form which accompanies the Grand Jury subpoena is for the purpose of providing witnesses with some background information concerning an appearance before the Grand Jury.
A Grand Jury consists of 16 to 23 citizens who serve for a period up to 18 months and are selected at random from the list of prospective Jurors from which trial jurors are also chosen. The Grand Jury inquires into possible violations of Federal law which may have been committed in the Western District of Washington. The law provides that the proceedings before a Grand Jury are conducted in secret. The only persons who may be present while testimony is being given are members of the Grand Jury, attorneys for the Government, the testifying witness, an interpreter when needed, and a court reporter to record the testimony.
You have beea asked to appear because you may have some information or knowledge abour a matter under consideration by the Grand Jury. For instance, you may have been a witness to a crime or heard something about a crime, or have witnessed some event or possess some information coucerning a crime even though you might not recognize it as such.
As a Grand Jury witness, you will be asked to testify and answer questions concerning information you might have about matters under consideration by the Grand Jury. The public, through the Grand Jury, has a right to every person's evidence and information except where the privilege against self-incrimination would apply.
During a witness' appearance before the Grand Jury, the witness is required to answer all questions asked, except to the extent that a truthful answer to a question would tend to incriminate the witness. A knowingly false answer to any question could be the basis for a prosecution of the witness for perjury. Anything that a Grand Jury witness says which tends to incriminate him may be used against him by the Grand Jury, or later used against him in Court. A witness may consult with an attomey before testifying and a witness may have an attorney outside the Grand Jury room. If it is desired, the witness will be afforded a reasonable opportunity to step outside the Grand Jury room to consult with the attorney before answering any questions. The mere fact that this information accompanies your subpoena should not be taken as any indication or suggestion that you are under investigation or are likely to be charged with a crime.
Every Grand Jury witness is entitled to a witness fee in the amount of $40.00 per day, mileage, and a subsistence abwance when necessary, such as for overnight lodging. In order to receive the amount which is due to you, it is necessary that you sign in and out with the receptionist at the United States Attorney's Office, and complete the necessary forms. The United States Federal Courthouse is located at 5th and Madison in the City of Seattle, and parking is a difficult problem in this area. There is no Government-provided parking, so please plan to arrive sufficiently in advance of the time set for your scheduled appearance. If you have any questions, you may contact the U.S. Attorney's Office at 1-800-797-6722.
NOTICE FROM U.S. ATTORNEY'S OFFICE
Witnesses subpoenaed to the Grand Jury should report to the Reception Desk, 51st Floor, Two Union Square, 601 Union Street, Seattle, Washington, one-half hour before the appearance shown on this subpoena for administrative processing of witness fees.
[Attachment 2, 1 page.]
JAN-08-2001 08:37 503 326 2246 P.05/13
U.S. Department of Justice
Unites States Government (or Subpoenaed on Behalf
of Indigent Defendant)
The information on this form DOES NOT APPLY to Federal Employees (military or civilian), deportable aliens, or aliens paroled into the United States for prosecution.
Name and Telephone Number of Person to Contact in the Attorney's Office: Janet Vos _____________ (206) 553-7970, or 1-800/797-6722.
CHECK TO SEE IF ATTENDANCE IS REQUIRED: Please call the above person the WORKDAY BEFORE you leave your residence to attend court to verify that your attendance is required. You may call collect. Identify yourself by name and the case for which you have been called. This call is to prevent a wasted trip if the trial has been postponed or canceled.
ATTENDANCE: The subpoena or summons tells you where to appear. Before reporting to the courtroom, you must report to the person who called you to have your attendance recorded. You should do this EACH DAY on which you are asked in attendance.
FEE AND ALLOWANCES: Title 28, U.S. Code Section 1822, provides for the following fees and allowances:
a. FEE: $40 for each day's attendance and REQUIRED travel days.
b. TRANSPORTATION: Reimbursement for travel by the LEAST EXPENSIVE method reasonably available, INCLUDING TRAVEL TIME, will be made according to the following rules:1. LOCAL TRAVEL: (Within 50 miles of the court) Travel within the local area of the court should be by transit buses and/or subway. If transit buses and/or subway are not available, privately owned vehicle is the preferred method of travel.
2. INTERMEDIATE TRAVEL: (50 to 200 miles from court) Travel within 50 to 200 miles from court should be by the MOST ECONOMICAL scheduled common carrier (bus, rail, or plane) available in your area or by privately owned vehicle.
NOTE: Short air trips are frequently more expensive than travel by privately owned vehicle, bus or rail -- you MAY be reimbursed as if you traveled by the least expensive method even if you fly.
3. LONG DISTANCE TRAVEL: (Over 200 miles from court) Long distance travel will be reimbursed at coach rates for schedule common carrier unless there is limited air service in your area or a medical reason for not flying.
PRIVATELY OWNED VEHICLES: The rates for travel by privately owned vehicles are:
Distances traveled are determined by odometer reading or the Rand McNally Standard Highway Mileage Guide. In addition, NECESSARY tolls, parking fees, tiedown fees, etc. will be paid. If two or more witnesses travel in the same privately owed vehicle, only one reimbursement for mileage will be made. Reimbursements for travel by privately owned vehicle may be limited to the cost of travel by a common carrier.
RENTAL VEHICLES AND OTHER TRANSPORTATION EXPENSES WILL NOT BE REIMBURSED WITHOUT SPECIAL JUSTIFICATION AND APPROVAL IN ADVANCE.
COMMON CARRIER: TO ARRANGE FOR TRAVEL, please contact the ASSISTANT U.S. ATTORNEY named on your subpoena, his or her assistant. or it they are not available, call Witness Coordinator Jennifer Mullane at 206/553-2906 to arrange for transportation. Travel by scheduled common carrier (rail, bus, plane) will be reimbursed at COACH RATES. Charter services are not considered common carrier for reimbursement purposes.
DO NOT TRAVEL FIRST CLASS -- DO NOT USE "FREQUENT FLYER" TICKETS
DO NOT PURCHASE NON-REFUNDABLE TICKETS OR TICKETS WITH PENALTIES FOR CHANGES OR CANCELLATIONS -- IF YOUR APPEARANCE DATE CHANGES OR IS CANCELLED, YOU WILL NOT BE REIMBURSED FOR THIS EXPENSE
c. MEALS AND LODGING: If you are required to remain away from your residence OVERNIGHT, you will receive a meals allowance of $23.00 for travel days and $46.00 for full days in court, and the actual cost of lodging, not to exceed $109.00, for each night you incur a lodging expense.
Note: Many hotels/motels offer special lodging rates to Government witnesses. If you wish the names of the hotels/motels offering these special rates, please contact the person named above.
PAYMENT OF EXPENSES: Unless other arrangements are made, YOU ARE PERSONALLY RESPONSIBLE for the payment of your transportation and lodging expenses.
RECEIPTS: REQUIRED for ALL parking, transportation, lodging, etc. (excluding meals).
APPEARANCE IN ANOTHER CITY: Advance. If you do have funds to travel to court, immediately contact the person above and request instructions on obtaining funds. Any amount advanced will be deducted when your fees and allowances are computed. Travel Assistance. If you wish assistance in making your travel and hotel/motel arrangements, call the person named above or on your subpoena.
UNUSUAL EXPENSES: If you have a medical or family condition requiring additional expenses, IMMEDIATELY contact the person named above.
EXPENSE LISTING: This form has been designed to assist you in keeping a record of your expenses. Please list your expenses below and BE SURE TO SAVE YOUR RECEIPTS.
DISMISSAL: When you are advised that your attendance is no longer required, you should request information regarding the payment of the fees and allowances. The person requiring your attendance will provide you with a Fact Witness Voucher. You must list your expenses on the voucher. The voucher must be submitted to the U.S. Marshal's office to obtain payment.
The U.S. Marhsal's office will normally process the Fact Witness Voucher and MAIL payment to you. If you require funds to return home, you must bring this fact to the attention of the U.S. Marshal's office. Per U.S. Marshal regulations, payment will be made within 7-10 days of their receipt of the voucher and receipts.
Transcription and HTML by Cryptome.
Date: Sat, 18 Nov 2000 19:33:13 -0500
From: John Young <email@example.com>
Subject: Jim Bell Arrested
A family member says Jim Bell was arrested last night when he went out to the store.
The person also said the feds were searching for e-mail Jim sent around August 18.
I can't prove the family member is that and not a fisher.
Date: Tue, 21 Nov 2000 13:36:34 -0800
To: cypherpunks Mailing List <firstname.lastname@example.org>
From: Declan McCullagh <email@example.com>
Subject: Jim Bell arrested, documents online
Check out the affidavit/complaint at:
Wired News article on arrest:
Date: Sun, 17 Dec 2000 08:49:14 -0500
From: John Young <firstname.lastname@example.org>
Subject: Jim Bell Trial
According to the court docket, Jim Bell was arraigned on Nov 29 and pled not guilty to two charges of interstate stalking.
A jury trial is set to begin on Jan 22, 2001. Pretrial motions cutoff is Dec 20. Jim remanded.
Entries on Dec 11 show something is up: a motion was made for a Dec 22 closed hearing on the topic of defense counsel, and Jim has sent a letter to the judge, "re: counsel."
|Docket as of December 13, 2000 3:15 am||Web PACER (v2.3)|
JAMES DALTON BELL (1) Wayne Clark Fricke defendant FTS FAX FAX 1-253-572-1441 [COR LD NTC cja] LAW OFFICES OF MONTE E HESTER 1008 S YAKIMA AVE STE 302 TACOMA, WA 98405 253-272-2157 Robert M Leen FTS FAX FAX 748-7821 [COR LD NTC cja] CROWLEY LEEN 601 UNION ST STE 4610 SEATTLE, WA 98101 206-625-7500 Pending Counts: Disposition 18:2261.F Interstate Stalking (1 - 2) Offense Level (opening): 4 Terminated Counts: NONE Complaints Disposition For Violation of 18:2261A - Interstate Stalking [ 3:00-m -5172 ] U. S. Attorneys: Robert Louis Jacob London FTS FAX FAX 553-0755 [COR LD NTC] U S ATTORNEY'S OFFICE 601 UNION ST STE 5100 SEATTLE, WA 98101-3903 206-553-7970
11/17/00 1 COMPLAINT signed by Magistrate Judge J. K. Arnold [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/17/00 -- DEFENDANT James Dalton Bell arrested [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 2 MOTION to detain by USA as to James Dalton Bell [ 3:00-m -5172 ] (tw) [Entry date 11/21/00] 11/20/00 3 MINUTES of Initial : JKA, Dep Clerk A Swan, AUSA B Sievers for R London, Def Counsel Wayne Fricke for B Leen, Tape # JKA 695, USPT Julie Busic, dft present in custody; Dft advised of rights/charges; first appearance of James Dalton Bell , Attorney Wayne Fricke for Robert M Leen for this hrg only appointed/present; detention hearing set for 3:30 on 11/22/00; preliminary exam set for 4:00 on 11/29/00; Dft remanded. (cc: counsel, PTS, USMO, Min Bk) [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 6 FINANCIAL AFFIDAVIT as to James Dalton Bell; Qualified by JKA [ 3:00-m -5172 ] (tw) [Entry date 11/28/00]
11/22/00 4 MINUTES of Detention Hrg : JKA, Dep Clerk A Swan, AUSA H Berry for R London, Def Counsel Robert Leen, Tape # JKA 696, USPT Joe Mendez, dft present in custody; dft stipulates to detention; dft ordered DETAINED w/o prej to review [2-1]; Dft remanded. (cc: counsel, PTS, USMO, Min Bk) [ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/22/00 5 DETENTION ORDER of James Dalton Bell pending Trial by Magistrate Judge J. K. Arnold (cc: counsel, PTS, USMO) [ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/27/00 12 ARREST Warrant returned executed as to James Dalton Bell 11/17/00 (tw) [Entry date 12/04/00]
11/28/00 7 CJA Form 20 (Appointment of Counsel)for James Dalton Bell; appointing Wayne Clark Fricke for purposes of the initial appearance only. [ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/28/00 8 CJA Form 20 (Appointment of Counsel) for James Dalton Bell ; appointing Robert Leen; terminating attorney Wayne Clark Fricke. [ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/29/00 9 INDICTMENT by USA Robert Louis Jacob London. Counts filed against James Dalton Bell (1) count(s) 1-2 (car) [Entry date 11/30/00]
11/29/00 10 ORDER CONTINUING DETENTION by Magistrate Judge Monica J. Benton as to James Dalton Bell (car) [Entry date 11/30/00]
11/29/00 11 MINUTES of Arraignment on Indictment:JKA, Dep Clerk:Kelly Miller, AUSA:Cpt Gordon for Robb London, Def Counsel: Robert Leen, Tape #JKA 698, USPT/USPO:none. D' pres in custody. D' James Dalton Bell arraigned; PLEADS NOT GUILTY TO CHARGES. Attorney present. Pretrial motions cutoff ddl set 12/20/00 and jury trial set for 9:30 a.m. on 1/22/01 for James Dalton Bell. D' remanded. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 11/30/00]
12/11/00 13 MOTION for in camera hearing re: legal cnsl by D' NOTED FOR 12/22/00 (car) [Entry date 12/11/00]
12/11/00 14 LETTER by D' Bell re: cnsl (car) [Entry date 12/12/00]
END OF DOCKET: 3:00cr5731-0