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Fly by night

(5,265 posts)
Wed Jun 11, 2014, 01:00 PM Jun 2014

I am now being investigated by the FBI (and it's a good thing)

Good morning, all y'all. I have been without internet access at my Tennessee deep hollow home for several years now, so I have not been around DU much in that time. But I thought I'd drop in to give you some emerging news in my neck of the woods.

In 2011, I applied to be the first federal medical cannabis convict to receive a Presidential pardon. Here's a link I posted here at the time: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x406969

The application (with its 174 character references, when only three are required) was promptly returned to me because I had supposedly applied too early (not true, but no point arguing with the feds). In 2012, I resubmitted the application unchanged, where it gathered dust until about six weeks ago. That is when I was notified that a final background check would be performed by the FBI before a decision was made on the application. Since that time, the FBI has interviewed over 50 of my character references in multiple states. Over the past two weeks, they have expanded their interviews to include other neighbors of mine who did not submit letters. So far, everything seems to be proceeding apace and in a positive direction. If the background check confirms what the character reference letters said about me, an up/down decision will be made at USDOJ, after which it goes to the White House for another up/down decision.

In the meantime, I have been interviewed by a senior editor with the Washington Post for a feature article they plan to run after a decision is made. Hopefully it will be a good news story.

There's no way to know what the final decision will be yet, or when it will be made. But since I was in the library this morning, I thought I'd give you DUers an update since letters from a dozen of you were included with my application. When a decision is made, I will re-post here with the news, good or bad. I hope that I will be among hundreds or thousands of other federal mmj convicts to be pardoned or released from prison by President Obama. If not, I will still have those 174 letters -- the next best thing to having a front row seat at one's own funeral.

Thanks, as always, for everything. Now back to the Garden.

67 replies = new reply since forum marked as read
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I am now being investigated by the FBI (and it's a good thing) (Original Post) Fly by night Jun 2014 OP
Good to see you back, FBN! Cooley Hurd Jun 2014 #1
Glad to be here, if only briefly. The Garden beckons ... Fly by night Jun 2014 #14
We ALL need to get ourselves Back.To.The.Garden! lastlib Jun 2014 #58
Best wishes! bleever Jun 2014 #2
Good luck but the promise of an article in the WaPo might have a negative bearing on rhett o rick Jun 2014 #3
Since the article won't run until a final decision is made ... Fly by night Jun 2014 #6
I wish you the best but I do not believe the WH is ready to put reefer madness to rest. rhett o rick Jun 2014 #8
The White House is ready to grant clemency to a bunch of drug offenders: Comrade Grumpy Jun 2014 #10
Reasons I have for optimism Fly by night Jun 2014 #11
I do hope so. Sorry for being mr. pessimist but the DOJ has been rhett o rick Jun 2014 #13
Don't blame anyone for being cautious about the DOJ, however it's hard for them to continue sabrina 1 Jun 2014 #20
Well said! CaliforniaPeggy Jun 2014 #29
Thanks Peggy, I hope these laws, like their predecessors which also caused so much harm sabrina 1 Jun 2014 #31
And AMEN ... nt pbmus Jun 2014 #36
That would be a remarkable change. I wish Pres Obama would dump Michele Leonhart. nm rhett o rick Jun 2014 #30
Me too, I wish he would he dump Clapper too, I wished he would have dumped Gates and Geithner sabrina 1 Jun 2014 #32
I dont think he has the power to dump Clapper. B613 and all. Just sayin. rhett o rick Jun 2014 #35
. BlancheSplanchnik Jun 2014 #44
Thank you for the optimistic updates, Fly! nm Cha Jun 2014 #62
Best of luck! riqster Jun 2014 #4
so happy... handmade34 Jun 2014 #5
Your letter meant much to me. Thanks again for it. Fly by night Jun 2014 #7
I wish from the bottom of my heart that everything is resolved quickly and fully in yr favor. truedelphi Jun 2014 #9
Thanks kindly, TD. No wonder my shoulders are so sore. Fly by night Jun 2014 #12
wow..... BlancheSplanchnik Jun 2014 #45
((Fly)) blm Jun 2014 #15
Great to hear from you. blackspade Jun 2014 #16
Fly!!! WilliamPitt Jun 2014 #17
Thanks, all y'all, for the KnRs and the kind wishes Fly by night Jun 2014 #18
Best of luck to you!!!! nt msanthrope Jun 2014 #19
The weed lobby is not as big as the booze lobby. Puzzledtraveller Jun 2014 #21
Amazing. Good Luck. It is lame that this process zonkers Jun 2014 #22
GooD luck! 1monster Jun 2014 #23
Hi, Fly by Night! Hissyspit Jun 2014 #24
I remember your story well, and have often wondered how things were progressing. SaveOurDemocracy Jun 2014 #25
Kicked and recommended. Uncle Joe Jun 2014 #26
I wish you the best. Enthusiast Jun 2014 #27
I hope one of those references is not from taterguy. rug Jun 2014 #28
So good to see you FBN BanzaiBonnie Jun 2014 #33
Just keep thinking good thoughts. Fly by night Jun 2014 #37
Love and Best wishes to you, Fly! Melissa G Jun 2014 #34
Wonderful news!!! sunnystarr Jun 2014 #38
Yes, you were one of a big handful along with me for the ride Fly by night Jun 2014 #40
Let me know when you do sunnystarr Jun 2014 #67
Hi, Fly by Night! RainDog Jun 2014 #39
Good luck Fly. Ellipsis Jun 2014 #41
Great to see you again, FBN. This is great news, and I hope it works out for you after your long sabrina 1 Jun 2014 #42
wonderful news -- glad to see you FBN! nashville_brook Jun 2014 #43
Bernie! Ruby the Liberal Jun 2014 #46
Wonderful FbN!!! yowzayowzayowza Jun 2014 #47
Best of luck to you Fly by night! AAO Jun 2014 #48
sometimes i have to be away from DU so... barbtries Jun 2014 #49
Fantastic to hear from you! shireen Jun 2014 #50
Damn, I'm glad you popped in. I had thought about you lately and was about to do TheKentuckian Jun 2014 #51
Just got home and saw your post. It's a real joy to see your username here again. scarletwoman Jun 2014 #52
Fly... WillyT Jun 2014 #53
Good luck, FBN! n/t DirkGently Jun 2014 #54
i think they are cooking up a flood of drug pardons. mopinko Jun 2014 #55
Glad to hear from you. roody Jun 2014 #56
Such good news and so good to see you here! Bluenorthwest Jun 2014 #57
Oh Bernie! You are in my thoughts and heart always. It's about time, you've been through too much. Mnemosyne Jun 2014 #59
hey bro I was wondering... wildbilln864 Jun 2014 #60
Good Luck and Best Wishes Fly by night! Cha Jun 2014 #61
Grand News Bernie! hootinholler Jun 2014 #63
Thanks again guys. Fly by night Jun 2014 #64
wow, lots of resources FBI is spending on this wordpix Jun 2014 #65
I don't know. Why don't you ask them? Fly by night Jun 2014 #66

bleever

(20,616 posts)
2. Best wishes!
Wed Jun 11, 2014, 01:36 PM
Jun 2014

I've been wondering how your case was going.

As the marijuana legal situation continues to evolve, No Bernie Left Behind!

 

rhett o rick

(55,981 posts)
3. Good luck but the promise of an article in the WaPo might have a negative bearing on
Wed Jun 11, 2014, 01:37 PM
Jun 2014

your decision. I hope not. Best of luck.

Fly by night

(5,265 posts)
6. Since the article won't run until a final decision is made ...
Wed Jun 11, 2014, 02:06 PM
Jun 2014

... I don't expect it will have any bearing on the USDOJ or WH decisions. Besides, if I am granted the pardon, I expect the WP article will be a love fest for an administration that is (finally) putting reefer madness to rest.

 

rhett o rick

(55,981 posts)
8. I wish you the best but I do not believe the WH is ready to put reefer madness to rest.
Wed Jun 11, 2014, 02:10 PM
Jun 2014

One word: Michele Leonhart

IMO the WH is still anti-marijuana and might see the article as an opportunity to make that message.

I wish you the best.

 

Comrade Grumpy

(13,184 posts)
10. The White House is ready to grant clemency to a bunch of drug offenders:
Wed Jun 11, 2014, 02:15 PM
Jun 2014

So why not pardon Bernie?

http://www.huffingtonpost.com/2014/04/21/obama-clemency-drug-offenders_n_5186069.html


WASHINGTON -- The Justice Department will announce this week new criteria for recommending that President Barack Obama grant clemency to federal drug offenders, a move that Attorney General Eric Holder anticipates will result in "thousands" of applications for reduced sentences.

Deputy Attorney General James Cole will announce the new criteria later this week, Holder said in a Justice Department video message released Monday. The DOJ's Office of the Pardon Attorney has been criticized in recent years for recommending that the president deny the overwhelming majority of petitions, and criminal justice advocates have attacked Obama's poor record on clemency.

But Holder said Monday that the Justice Department would enlist potentially dozens of lawyers to help with the new clemency push.

“Later this week, the deputy attorney general will announce new criteria that the department will consider when recommending applications for the president’s review. This new and improved approach will make the criteria for clemency recommendation more expansive. This will allow the Department of Justice and the president to consider requests from a larger field of eligible individuals," Holder said.

“Once these reforms go into effect, we expect to receive thousands of additional applications for clemency," Holder continued. "And we at the Department of Justice will meet this need by assigning potentially dozens of lawyers –- with backgrounds in both prosecution and defense –- to review applications and provide the rigorous scrutiny that all clemency applications require."

Fly by night

(5,265 posts)
11. Reasons I have for optimism
Wed Jun 11, 2014, 02:16 PM
Jun 2014

1) Eric Holder telling Michelle Leonhart to STFU two months ago and get on board with the rest of the administration

2) The WH announcing that they were seeking nominations for commutations for prisoners who are in federal prison for drug-related crimes. So far, I think they've received close to 20,000 such nominations.

3) The time and attention they are giving my application.

I still don't see how a WP article, to be published only after a decision is made on my application, can possibly affect that decision.

Thanks for your good wishes. Much appreciated.

 

rhett o rick

(55,981 posts)
13. I do hope so. Sorry for being mr. pessimist but the DOJ has been
Wed Jun 11, 2014, 02:20 PM
Jun 2014

busting medical marijuana operations up until a short while ago. And I would feel better if Obama would let Michele Leonhart (Bush's lady) resign.

sabrina 1

(62,325 posts)
20. Don't blame anyone for being cautious about the DOJ, however it's hard for them to continue
Wed Jun 11, 2014, 02:43 PM
Jun 2014

their policies of cracking down on states, like Ca, whose own laws have legalized medical marijuana as more states are joining them in determining their own attitude towards legalization. With even more states now moving towards legalization, it is clear that the time has come to end these draconian laws that have taken away so many of our rights, and ruined the lives of untold numbers of people, for decades.

I read recently also that the 'Right and Left' are joining forces on issues of 'law enforcement' in this country. What was remarkable about the article was that Edwin Meese of all people has now come to the conclusion that the laws HE supported, have 'gone too far'.

HE has joined the ACLU, normally an 'enemy' of the drug warriors, to try help work on modifying, changing these horrendous laws.

There has been a seismic shift in the public's attitude towards the Drug War, escalating as it gains momentum making it much more difficult for the DOJ to continue, in the face of the growing opposition of the public towards their tactics, ACROSS THE POLITICAL SPECTRUM, to try to control that momentum.

I believe the Obama Admin recently announced, after Oregon and Washington State, soon to be followed it looks like, NY passed their laws.

Most likely the softening of attitudes has more to do with the money potential than actual concerns about the ruination of lives. But it wouldn't surprise if they are hearing from Corporations who are planning to take advantage of this changing attitude and profit from them.

Whatever the reason, it isn't a question of trusting the DOJ anymore, it is more that the tide has changed AGAINST THEM.

sabrina 1

(62,325 posts)
31. Thanks Peggy, I hope these laws, like their predecessors which also caused so much harm
Wed Jun 11, 2014, 04:34 PM
Jun 2014

in an earlier time, Prohibition, are soon history.

sabrina 1

(62,325 posts)
32. Me too, I wish he would he dump Clapper too, I wished he would have dumped Gates and Geithner
Wed Jun 11, 2014, 04:37 PM
Jun 2014

also but it is what it is. Sometimes an issue reaches critical mass and there is no stopping the tide when as Shakespeare said, 'there is a tide in the affairs of men when, taken at the flood, leads on to fortune'. I believe we have reached that point regarding the Drug Laws. I hope I am not wrong!

 

rhett o rick

(55,981 posts)
35. I dont think he has the power to dump Clapper. B613 and all. Just sayin.
Wed Jun 11, 2014, 04:41 PM
Jun 2014

Here's to releasing marijuana prisoners.

BlancheSplanchnik

(20,219 posts)
44. .
Wed Jun 11, 2014, 07:03 PM
Jun 2014


I hope at least some of the arguments being discussed are that it's Wrong with a capital W to ruin lives over marijuana.


That's amazing about Meese.

handmade34

(22,756 posts)
5. so happy...
Wed Jun 11, 2014, 01:47 PM
Jun 2014


I wrote one of those letters to President Obama and while I have no reason to believe that I made any difference... I am sending positivity your way and hope for the best...

Fly by night

(5,265 posts)
7. Your letter meant much to me. Thanks again for it.
Wed Jun 11, 2014, 02:09 PM
Jun 2014

Among the letters was a seven page one from an MD/PhD friend who helped convince the AMA to reverse its position on medical cannabis. The shortest letter was seven words long from an 80 year old neighbor who simply said "Bernie is a good neighbor and friend." They both mean much to me, as do all of them.

truedelphi

(32,324 posts)
9. I wish from the bottom of my heart that everything is resolved quickly and fully in yr favor.
Wed Jun 11, 2014, 02:11 PM
Jun 2014

And I also wish that all those countless millions who celebrate their newly acquired right to grow, right to smoke, etc would also spend time helping out the beleagured activists of the past.

Without the shoulders of activists like you, Fly, their efforts might not have succeeded.

Fly by night

(5,265 posts)
12. Thanks kindly, TD. No wonder my shoulders are so sore.
Wed Jun 11, 2014, 02:20 PM
Jun 2014

Of course, it might be the farmwork as I await my best organic blueberry harvest ever.

I'm also enjoying asparagus from the bed I planted when my application was returned in 2011. Here's the piece I wrote then. http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1118717

An attitude of gratitude sure beats the alternative. Believe me, the last dozen years have brought that home to me.

blackspade

(10,056 posts)
16. Great to hear from you.
Wed Jun 11, 2014, 02:26 PM
Jun 2014

If you don't get the pardon it will be a grave miscarriage of justice.
Frankly, you should have never been convicted to begin with.

Fly by night

(5,265 posts)
18. Thanks, all y'all, for the KnRs and the kind wishes
Wed Jun 11, 2014, 02:33 PM
Jun 2014

I really need to get back to my internets-free farm for some more fun in the sun.

So glad to know I'm not forgotten here.

Miss you guys, every day.

 

zonkers

(5,865 posts)
22. Amazing. Good Luck. It is lame that this process
Wed Jun 11, 2014, 03:15 PM
Jun 2014

is ultimately costing thousands of dollars in tax payer money and taking up countless hours of FBI time. Not your fault of course.

SaveOurDemocracy

(4,400 posts)
25. I remember your story well, and have often wondered how things were progressing.
Wed Jun 11, 2014, 03:51 PM
Jun 2014

Hoping for a good outcome for you. Best wishes, keep well.

sunnystarr

(2,638 posts)
38. Wonderful news!!!
Wed Jun 11, 2014, 05:40 PM
Jun 2014

Thanks for posting. I think of you often and have happy memories reading your emails throughout those awful years. You were so inspirational, besides being an awesome writer. Now I'm looking forward to the best news of all.... a full pardon for a special, unique, talented, intelligent man who sacrificed much to do good for his fellow man. It's been an honor to be part of those at the window getting an inclusive view of your life.

Fly by night

(5,265 posts)
40. Yes, you were one of a big handful along with me for the ride
Wed Jun 11, 2014, 05:48 PM
Jun 2014

Being able to write all of you on an irregular basis kept me alive for the 18 months I was in the "house". Being given the nickname "Big Man" by another inmate on my first day inside didn't hurt either.

I've written the first draft of a book (My Hollow Tale -- Reflections On A(n Interrupted) Life)) and it has been gathering dust. I really need to take it off the shelf, do a final edit and get it on Amazon or something. A WAPO feature would likely sell a few ....

sunnystarr

(2,638 posts)
67. Let me know when you do
Wed Jun 18, 2014, 12:48 AM
Jun 2014

I would love to buy it. You certainly are one of my heroes and make this world a better place.

RainDog

(28,784 posts)
39. Hi, Fly by Night!
Wed Jun 11, 2014, 05:41 PM
Jun 2014

Glad to hear you're doing well.

When you were facing these difficulties in the past, I was afraid to sign on to anything. Not because I don't support you, but because I was afraid my ex would use anything he could against me in his seemingly neverending campaign to take me to lawyers because he's just a nice guy that way. But now my kids are older and he couldn't use anything like that against me. Not that my letter would've helped... it may have hurt you, even. LOL.

...all to say, sorry I wasn't brave.

But I hope this happens for you.

hugs!

sabrina 1

(62,325 posts)
42. Great to see you again, FBN. This is great news, and I hope it works out for you after your long
Wed Jun 11, 2014, 06:06 PM
Jun 2014

principled battle. You definitely deserve it.

Ruby the Liberal

(26,219 posts)
46. Bernie!
Wed Jun 11, 2014, 07:27 PM
Jun 2014

So good to see you! I was just thinking about you the other week and wondering how things have been. This is great news!! Here's hoping for a positive outcome.

barbtries

(28,774 posts)
49. sometimes i have to be away from DU so...
Wed Jun 11, 2014, 07:46 PM
Jun 2014

post it a few times please. maybe in the lounge, in general discussion, wherever.
good luck. it's a travesty that a pot conviction should follow you around all your life.

shireen

(8,333 posts)
50. Fantastic to hear from you!
Wed Jun 11, 2014, 08:20 PM
Jun 2014

I miss your posts. And I feel so honored to have written one of those 174 letters.





TheKentuckian

(25,021 posts)
51. Damn, I'm glad you popped in. I had thought about you lately and was about to do
Wed Jun 11, 2014, 08:37 PM
Jun 2014

something reserved for politicians, snailmail!

I don't know why but you had slipped in out of my mind several times the past couple of weeks.

I hope all is as well as can be otherwise.

scarletwoman

(31,893 posts)
52. Just got home and saw your post. It's a real joy to see your username here again.
Wed Jun 11, 2014, 08:38 PM
Jun 2014

I'm sure you're long gone from the library and back home, but I want to put my good wishes on record anyway.

Good luck, and may justice prevail! And thank you so much for checking in!



Fly by night

(5,265 posts)
64. Thanks again guys.
Thu Jun 12, 2014, 08:14 AM
Jun 2014

It's nice (and a bit cosmic) to hear that I've been on some of y'all's minds recently. It does appear that the Great Mystery is working overtime on my behalf these days.

Just discovered that I can get a Wi-Fi connection on my cellphone (a gift from some friends) down at the Fly General Store. That will save me a 30 mile round-trip to the nearest library from now on.

These are (indeed) the days of miracle and wonder .... Have a great day, all y'all.

wordpix

(18,652 posts)
65. wow, lots of resources FBI is spending on this
Thu Jun 12, 2014, 08:32 AM
Jun 2014

Why aren't they investigating the Wall St. bums who caused the recession starting in 2008?

Why aren't they investigating the Koch Bros. dumping coal sludge on the OH riverbanks without a permit and chlorine directly into an Arkansas tributary, causing a cancer cluster?

Why aren't they investigating the reasons cannabis-derived CBD has not gone to human trials for its cancer antimetastasis/antitumor properties, as proven in animal studies in 2007?

http://www.cancer.gov/cancertopics/pdq/cam/cannabis/healthprofessional/page4

http://www.ncbi.nlm.nih.gov/pubmed/24373545

Why aren't they investigating medical provider billing practices (my own example: provider charge = $40K - allowed charge = $24K for one round of chemo with actual cost of $3500 ---see table 3 in link)? http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3324994/

etc

Fly by night

(5,265 posts)
66. I don't know. Why don't you ask them?
Thu Jun 12, 2014, 11:28 AM
Jun 2014

You're the second person to express "concern" for what the FBI is spending. Who knows, maybe they're using the proceeds from their sale of 25 acres of my farm that I surrendered to them so I could keep the rest of my farm that I've owned for 40+ years.

I know they aren't using my income tax proceeds since I have been unemployable ever since the raid on my farm and have filed no tax return for seven years, after paying an average of $40,000 a year in income tax before my troubles.

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