The Grand Jury, during internal deliberations, have found that one of its members, who had taken the Secrecy Oath, has violated said Oath and done so in a manner that could bring discredit and ridicule upon the Committee of Safety – Common Law Court. After having this violation brought to his attention, he provided a story to justify his actions and lay blame upon threats received from agents of the government. An investigation ensued concerning what might have been mitigating circumstances about said violation, since it occurred during the Grand Jury’s investigation of Baez v. Rudkowski (CLC Docket #120301).
The Grand Juror in question is Mark Koenig, aka Smiter and Smiter13. The details of the investigation are:
Smiter took the Secrecy Oath prior to the commencement of the Baez v. Rudkowski case.
On December 10, 2012, Smiter called in to an Internet Radio Show, “Crotch Shot Radio,” hosted by Louie Baez, the Accuser in the case before the Grand Jury. The relevant portion of that show is at SmiterSecrecyViolation.mp3 (approximately 8 minutes in length).
At 3:20, Smiter states that he is part of the CLC. At 4:30, he mentions the Accused, Luke Rudkowski, by name. At 4:40, Baez attempts to discourage any discussion of his case. At 5:20, Smiter insists that he wants to talk about the case publicly; he then proceeds to goad Baez to talk about the case (Baez understood beforehand that the case was not to be discussed publicly).
Smiter also posted in the show chat room, asking if anyone wanted to talk about “WAC” (this is referring to We Are Change, an political activist organization that was involved in the case).
After the radio show, Smiter contacted Louie Baez on Skype. Baez began recording on Skype well into the conversation. That portion recorded is at smiter13.mp3 (2:20 in length).
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Subsequently, on December 15th, the Clerk of the CLC contacted Smiter in an effort to discover what caused him to violate his Secrecy Oath. He provided a story that, though weak on some points, was initially plausible.
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Smiter then provided a sworn (though not witnessed or notarized) affidavit to the Clerk, giving a more detailed account of the events of December 10th.
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Continued discussions, via telephone with Smiter, and continual requests for the Police Report and Videos, began to take their toll. It appeared that the story that was presented was unsustainable.
The Grand Jury revisited Smiter’s Secrecy Oath violation, after having initially quashed it upon word from the Clerk that there were potentially mitigating circumstances surrounding the violation (such as the possibility that Smiter was being coerced by government agents). Upon reopening investigation of the Secrecy Oath violation, all of the Clerk’s relevant emails and audio recordings were made available to the Grand Jury for consideration. After reexamining the older Exhibits as well as discussing the newer ones, the Grand Jury voted to charge Smiter with violating his Secrecy Oath.
Smiter will be given the opportunity to answer to these charges. If he fails to answer, they will be posted on the “Wall of Shame” at the Liberty Tree Forum.