"The Oklahoma 3" Rally with Paul Jacob, Sen. Randy Brogdon

The Oklahoma 3, does not deserve to be the target of political retaliation from politicians who want to limit the political choices available to all Oklahomans.

This is an issue that transcends the political spectrum. Every one of us has a dog in this race." All of us may, in good time and for pressing issues, decide in the future to exercise our right to petition for redress of grievance via the initiative petition process. Any limitation on that right is therefore a direct attack on all of us.

Hat Tip to my Buddy Jenn @ forthardknox.com

Paul Jacob Kicks off the
“Save the Initiative Blog Tour”
by Jenn Sierra
January 28, 2008 at 10:20 pm

Today I had the pleasure of speaking with Paul Jacob after the arraignment of "the Oklahoma 3" (Paul Jacob, Susan Johnson, and Rick Carpenter). One might think that with the prospect of about a year ahead of him in legal battles, he might want to just relax and take a break, but quite the opposite was true. He stated the arraignment had gone about as expected, and that he would, if needed be back for the scheduling hearing on March 13th.

But then he was ready to talk about several Oklahoma initiatives, about the initiative process in general, and about his new project over the next year - which is is calling the “Save the Initiative Blog Tour.” The goal, partially, is to make bloggers more aware of the importance of the initiative process.

Jacob stated that his three major goals regarding his legal process are:

1) Win in Court

2) Get the residency laws in the states that have them “thrown out.”

3) Make sure this indictment of the Oklahoma 3 does not become a deterrent to intiative-activists, but that it instead becomes a rallying cry for them.

Jacob explained that the initiative process does for politics what the first amendment did for the media, and that a successful revolution of this process would allow citizens to dynamically address te legal system - now and in the future.

He shared that for a citizen, deciding to begin an initiative (e.g. for term limits, spending limits, government accountability, etc..) requires that citizen to count the cost, personally, and those costs can be astromical, personally and professionally. There is an enormous amount of time (away from family, career, personal life), and often a huge financial burden involved. But when the additional cost of legal retaliation by the government becomes a consideration, many citizens decide they simply cannot take that risk, and will “shut up.” Jacob’s goal, in working through his own legal battle, through his foundation (Citizens in Charge), through the Sam Adams Alliance and Foundation, and now through the “Save the Initiative Blog Tour” is to reduce the fear of such legal action against citizens by their government.

When asked what advice he would give to citizens who are considering becoming involved in the initiative process, he said:

1) Go for it.

2) Get an attorney. It may seem ridiculous to need an attorney to petition your own government, and it is, but get an attorney.

3) Look “over your shoulder” on every move. Retaliation from certain government officials can extend to the initiative creators, the petitioners, the volunteers, and even the donors.

4) If a move is questionable, go the “unquestionable route.”

5) Remember that if you can just succeed in getting the initiative on the ballot, you can still win (even if you’re outspent and bullied by the opposition).

6) Don’t give up. If we give up our right to petition our own government, we aren’t going to like what our country looks like for our children and grandchildren.

Finally, when asked how bloggers, and our blog readers can help - both with the legal battle of the Oklahoma 3, and with the citizen initiative process in general - Paul said:

1) Spread the word, by talking with your neighbors

2) Contact the governor (in this case of Oklahoma, Brad Henry)

3) Don’t “harrass” Drew Edmondson or his staff, simply for the sake of harrassing them.

4)Pay attention to current legislative measures pending, and contact your legislators.

The most inspiring thing that Paul said to me during the interview was that he considered the sacrifices he is making now to be insurance for his children’s and grandchildren’s future. Although he made it clear that he fully intends to win this case, he also stated that it was even more important that the end-result of his efforts was an America in which citizens are free to petition their government, and carry out the initiative process. If this meant he had to go to jail, then he would be willing to do it.

For more information, see Free Paul Jacob.

For more info see

In Oklahoma, freedom's not OK

In Oklahoma,
freedom's not OK

Our view

For most people, the right to petition the government is as old as our Bill of Rights. Others may argue the right extends to the Declaration of Independence or to ancient English documents.

Comes now the state of Oklahoma, in the person of Attorney General Drew Edmondson, with different ideas.

Edmondson has indicted three people — Paul Jacob, former head of U.S. Term Limits; Rick Carpenter of Oklahomans in Action; and Susan Johnson of National Voter Outreach — for what he says is willful violation of state law prohibiting out-of-state people to circulate political petitions in Oklahoma. The defendants and their supporters say the real impetus behind this prosecution by Edmondson, a Democrat, is the indicted trio's successful petition campaign against big government.

Some background: Carpenter, a Tulsan, launched the petition effort in 2005 when he sought to limit government spending there. Despite overt efforts by opposing organizations to defeat the petition drive, some 300,000 Oklahomans signed on, enough to put the question on the ballot. That's when the state Supreme Court weighed in.

The high court ruled state law prohibited out-of-state people like Jacob and Johnson, professional organizers, and out-of-staters like some of those who distributed petitions, from operating in Oklahoma. Out-of-state people who would — and did — try to block petition drives are permitted, not those who distribute them.

The petition organizers had sought legal clearance before they launched their First Amendment work. They were told they could operate with only the intent to move to Oklahoma. But in its ruling, the high court changed the rules, petition organizers charge, by saying out-of-staters must intend "permanent residence" in Oklahoma. It gets worse.

Edmondson pursued felony criminal charges against the Oklahoma Three. When his October 2007 indictment of the petition organizers encountered legal problems, Edmonson indicted the three again. Jacob, Carpenter and Johnson — who have been handcuffed and shackled in Oklahoma, and threatened with 10 years in the slammer — are scheduled for arraignment at month's end.

If you thought Oklahoma was a conservative state, guess again. With Edmondson — critics call him the ayatollah of Oklahoma — operating, nobody's freedom is safe. If one group of petitioners can be prosecuted on political whim, eventually all petitioners can face some form of prosecutor abuse.

Oklahoma's continuing drama demonstrates America's most vicious and divisive political trend in the last two decades: the criminalization of political differences.

In Jena, thousands gathered in 2007 to decry what they believed was unjust court action, siding with six people — the Jena Six — who were accused in the savage attack of one schoolmate. The Oklahoma Three is accused of no savagery; these three law-abiding people merely petitioned the state government. How many will show up at 1:30 p.m. Jan. 28 at the Oklahoma County Courthouse, 321 Park Ave., Oklahoma City — that's when and where their arraignment is scheduled — to protest the state of Oklahoma's political savagery?

You don't need to be a permanent Oklahoma citizen to do that. Not yet.

Given the political climate, who'd want to be?

thenewsstar.com

Petitioner indictments short democratic rights

THE PEOPLE SPEAK:
Petitioner indictments
short democratic rights

Published January 19, 2008

As independent voters, we are concerned that the initiative and referendum process in Oklahoma is being threatened.

Three initiative leaders were brought up on criminal charges by the attorney general (Drew Edmondson) for hiring out-of-state petition carriers to help place an initiative on the ballot after they had been assured that it was legal. More than 300,000 Oklahomans signed the petition. However, the court ultimately ruled the initiative off the ballot, and it was never voted on.

Now almost a year later, the attorney general has indicted the three initiative leaders for “willfully violating” the state’s residency requirements.

His persecution of the initiative leaders is a blow to the democratic rights of Oklahoma citizens. It serves only to frighten and intimidate voters from exercising their constitutional rights to participate in the initiative process.

We urge you to call on the attorney general to drop this indictment and to defend our right to initiative and petition.

John Adair of Edmond and 46 other Oklahomans

Editor’s note: The above letter was sent to Gov. Brad Henry this month from a group called Oklahoma Independent Voters, Kim Wright of Altus, chair.

Paul Jacob updates the case against the "Oklahoma 3"

Paul Jacob, citizen leader and Senior Advisor with the Sam Adams Foundation, discusses what's happened since his criminal indictment in October 2007. OK Attorney General Drew Edmondson accuses Paul and two others of breaking a state law regarding petition signature gathering, but Paul and the others followed the law as it had been interpreted previously by the OK Supreme Court. Now Edmondson wants to imprison the OK 3 for up to 10 years. For more information, visit http://www.freepauljacob.com and http://www.samadamsalliance.org

For the background on the Oklahoma 3 see this...



A mash-up video, about the Oklahoma AG's attack on "The Oklahoma 3".

The Oklahoma 3, does not deserve to be the target of political retaliation from politicians who want to limit the political choices available to all Oklahomans.

This is an issue that transcends the political spectrum. Every one of us has a dog in this race." All of us may, in good time and for pressing issues, decide in the future to exercise our right to petition for redress of grievance via the initiative petition process. Any limitation on that right is therefore a direct attack on all of us.