Essay on U.S. V. Wise, 221 F.3d 140 (5th Cir. 2000)

1339 WordsApr 4, 20136 Pages
Thomas Midkiff * Title: U.S. v. Wise, 221 F.3d 140 (5th Cir. 2000) * Facts: John Cain met employee Oliver Dean Emigh (“Emigh”) and owner John Roberts at the Bargain Barn in March of 1998. John Cain (“Cain”) was a self-employed computer consultant. John Roberts (“Roberts”) explained to Cain that he needed documents typed for Republic of Texas (“ROT”) legal matters due to being a member of the ROT. Cain met with Johnie Wise and Roberts the next day at the Bargain Barn to discuss computer related topics. Cain became worried about Roberts, ROT affiliation when he went to work for Roberts on a daily basis. Cain told the Federal Bureau of Investigation (FBI) about Roberts’ request for secretarial assistance on ROT matters…show more content…
Cain told Wise and Grebe that it was possible to do things on the internet without leaving a trace by using the internet service “Anonymizer”. Wise and Grebe called the letter that they requested Cain to send to various government agencies the Declaration of War. The FBI rejected Cain’s idea of using the public library to send the Declaration of War. The case was turned over to FBI Agent Franklin (“Agent Franklin”) in June of 1998. The FBI established an electronic surveillance for Cain to send e-mails from his home computer. Cain recorded the call to inform Wise that the Declaration of War had been sent as he requested. Wise and Grebe planned to attack a Texas state judge because she would not allow the ROT members to defend themselves in her state court. The FBI transferred the data of e-mail threats onto a hard disk after retrieving the videotape of the event. The FBI arrested Grebe, Emigh, and Wise after obtaining arrest and search warrants that they received after recorded conversations with Emigh. Emigh admitted to writing the first draft of the Declaration of War. Grebe and Wise denied knowing anything to do with threats to anyone. There were no biological or hazardous materials found during the search of the appellants’ residence. * Issues: The government argued that the indictment was sufficient due to the appellants intentionally threatening to use a weapon of mass destruction. The appellants mounted

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