From the March 2001 Idaho Observer:
Bring on the big guns
Shea, Shively take over for Imbrogno and Hopkins
SPOKANE, Wash. -- Magistrate Judge Cynthia Imbrogno and Deputy U.S. Attorney Thomas Hopkins, the federal duo that has been involved in the persecution of Mark Alan thus far, have been replaced by Judge Edward Shea and U.S Attorney James Shively.
Mark Alan was found in contempt of federal court by Judge Edward Shea here March 7, 2001. The judge ruled that the micro broadcaster from Oroville, Wash., was in contempt of a August 30, 2000 order from Judge Quackenbush to appear in court to show cause why he should not be held in contempt of court for ignoring an FCC ruling that he pay an $11,000 fine and cease and desist his low-powered FM radio transmissions.
Mark Alan claims that a terrible fraud has been perpetrated on the court as it has been instructed to proceed in a prosecution against a MARK RABENOLD which, he claims, is not him. Mark Alan stated that he can prove the name MARK RABENOLD is a legal fiction and that his legal name is Mark Alan (Rabenold). There seems to be a major element of fraud here. It is a disgrace, Mark Alan explained to the court.
The court has been noticed several times of the name discrepency. For some reason, it refuses to correct the error.
Mark Alan asked Judge Shea if he took an oath to uphold the U.S. Constitution and if this was, indeed, a constitutional court as created under Article III of the U.S. Constitution. Judge Shea responded in the affirmative to both questions. Mark Alan then attempted to challenge the judge's jurisdiction. Without providing proof of his jurisdiction as several U.S. Supreme Court Decisions demand, Judge Shea stated, I am telling you that I have jurisdiction.
He summarily denied Mark Alan's oral motion to challenge jurisdicion.
Judge Shea took refuge in the fact that U.S. Attorney James Shively was simply attempting to civilly hold Mark Alan in contempt of court so that he would be compelled to pay the FCC fine and stop his pro-American broadcasts.
In support of his charges of contempt, Shively brought FCC Agent Michael Rothe to the stand. Rothe testified to the court that Mark Alan broadcasts above the legal limits for Part 15 device operations that are not regulated by the FCC and that his broadcasts were interfering with other stations.
Mark Alan can prove that he is not in violation of Part 15 limitations. Upon cross examination he got Rothe to admit that Mark Alan's station does not interfere with other stations.
Rothe was also asked if he remembers meeting Mark Alan. He said, Yes. He was asked if he recalled threatening Mark Alan with calling the police and being sent to prison if he did not comply with the FCC's demands. No, he said. We don't do that.
The FCC agent also admitted that his territorial jurisdiction was limited to territories of the U.S. government. Though he probably had no idea what he said, his admission was in keeping with Mark Alan's claim that the FCC had no business concerning itself with the operations of his small radio station of local interest.
As has become his trademark in this matter, Mark Alan eloquently stated his arguments. Judge Shea did not consider any of them, however, and found Mark Alan in contempt and sentenced him to serve six months in jail. Judge Shea said that Mark Alan will remain in jail until he complies with FCC orders.
Mark Alan, who has no prior criminal record, is faced with 10 years in prison, a $250,000 fine and two years probation if found guilty of assaulting a federal officer that was not even bruised during the alleged incident. It should be noted that the same day Judge Shea sentenced a Spokane Indian man with a 25-year history of drunken and drug-induced violent behavior, to serve 47 months in prison for beating a woman so severely that she required two surgeries.
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