Posted January 27, 2006
Analysis by Richard Cowan
See


Cannabis Prohibition Is “Low-Intensity Warfare” Against Social Peace, Individual
Freedom and the Rule of Law. Be very afraid… Three Lessons.

When Steve Tuck was in the midst of his ordeal in jail
in Washington State, he said that he hoped that what he was going through would
at least prevent the same thing from happening to Steve Kubby. I assured him
that it would.

I was wrong.

Steve Kubby was arrested last night when he arrived in
San Francisco, despite the fact that he was accompanied by his lawyer, Bill
McPike, who as “an officer of the court” – which all American attorneys are –
was committed to returning him to Placer County for a hearing on Tuesday
morning.

This morning he was moved to Placer County jail, where
he nearly died in 1999, when he and his wife were first arrested. Of course, he
is not being given medical cannabis, and his life is in constant danger. There
is simply no way of knowing how long his body can withstand the recurring
attacks of extremely high blood pressure to which he is subject as the result of
his adrenal cancer.
See


Steve Kubby Is the Only One In This Story Who Has NOT Broken The Law, But He
Faces the Death Penalty.

Fortunately, California has a very vocal medical
cannabis community and they will be keeping up the pressure on Placer County
officials, who – like most predators – prefer to work in the dark. One also
hopes that my fellow Libertarians will also rise to defend one of their own,
although they tend to prefer abstractions to vulgar reality.

Nonetheless, there is still a need – and a moral
imperative – for everyone to keep up the pressure on Placer County. See the
contact info below.

As bad as things are, they could have been much worse
had Steve turned himself in at the border as the Canadian Border Services had
originally ordered. There is apparently no federal warrant for Steve, which is
good news, but that also means that – if he had been arrested at the border – it
could have taken weeks for him to be transported to Placer County via the
prisoner transfer racket known among prisoners and their families by the ironic
term “diesel therapy.” Steve would not survive such an ordeal. He would have
been held incommunicado in a series of county jails without any medical
attention.

Once again, it is Seattle attorney Douglas Hiatt to whom
we all owe a great debt of gratitude. It was he who warned the Kubbys not to go
to the border. Doug saved Steve Tuck’s life by standing up for him in Seattle
and by keeping up the pressure on Humboldt County while law enforcement there
fought amongst themselves over what they could get away with in the Tuck case.

Tuck refused to plead guilty to any kind of marijuana
charge and they had to settle for the misdemeanors for “failure to appear” –
where he would have pled not guilty to the charges which were dismissed. If that
sounds absurd, that is simply what passes for justice in the drugwar.

From the beginning, Tuck had said that he was only
worried about threats from “law enforcement” and being held without medication,
which is precisely what happened to him and is now happening to Steve Kubby. It
is the power that the narks have over every medical cannabis patient.
See


Steve Tuck Is A Free Man. Vindicated. Recuperating from Five Year Ordeal. Will
Return to Mining Business in Canada After First Of Year.
and links

The primary reason that Tuck’s ordeal did not save Kubby
from the same fate was that Immigration Canada lied repeatedly about what
happened to Tuck and what they had every reason to know would happen to Kubby.
See


Judge Says Kubby Must Be Sent to US. Won’t Stop Removal Order. Claims He Will
Not Be Arrested Despite Statement by DA. Family Fears He Will Die. No US Jails
Allow Medical Cannabis. No Appeals Left!
and links

When they were presented with sworn affidavits from
Hiatt and another attorney about how Tuck was treated, the Immigration
apparatchik said that they were “biased” and then lied by saying that she was
unable to independently verify their charges. In fact, she made no attempt to do
so. When Hiatt and a senior medical student who had seen Tuck’s condition in
Seattle came to Vancouver to testify the attorney for Immigration Canada blocked
their testimony and the judge ignored them, even though he was told that they
were there to testify.

Also, even though Chris Cattran, the Assistant DA in
Placer County had told the media that Kubby would be arrested if he returned to
the States, the Ministry’s counsel lied and said that there was no evidence that
Kubby would be arrested. Michele Kubby told the judge what Cattran had said, but
in his rejection of their pleas, he parroted the Crown’s lies and said there was
no risk of Kubby being arrested.

Now everyone knows they were
lying. What are you going to do about it, Canada?

The Crown also claimed that Kubby would be given medical
cannabis in jail, despite the fact that no US jail allows cannabis use. In
short, various officials of Immigration Canada have lied from the outset about
every aspect of the Kubby and Tuck cases, and I can document every lie.

Whatever happens to Steve Kubby, the people of Canada
must demand an investigation of their dishonest and dysfunctional Immigration
and Refugee services. There are countless violent foreign criminals who have
been convicted of crimes in Canada who are not sought out for deportation the
way Tuck and Kubby were.

If Kubby survives his ordeal and
eventually gets justice, the point will remain that Immigration Canada officials
lied and broke the law repeatedly. They are the real criminals, along with
so-called “law enforcement” in Placer County.

In the meantime, everyone should contact the media in
both the US and Canada and demand an investigation of every aspect of these
cases.

I will be in Placer County on
Tuesday morning for the hearings and will report to you on Tuesday or Wednesday.

Call the Prosecutor:
The Placer County District Attorney is Bradford R. Fenocchio.

http://www.placer.ca.gov/da/

Ask for either Chris Cattran, the Assistant DA, or Mr.
Fenocchio.

Be polite but demand to know if
Placer County is going to jail Steve Kubby and, if so, will they allow him to
use marijuana in jail, as recommended by his doctor.

Mailing address:
Placer County District Attorney
11562 B  Avenue
Auburn, CA 95603

Voice: (530) 889-7000
Fax (530) 889-7129

Fax and phone are better, but Email is better than
silence:

bfenocch@placer.ca.gov

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