Now that I’ve been indicted by the feds as a “criminal” for selling allegedly obscene material, some interesting things have come to light.
If you will recall last year, Karl Rove, Bush’s chief strategist, and Alberto Gonzales, U.S. Attorney General, were in hot water for “politicizing” our U.S. Justice Department. Rove and Gonzales were putting pressure on federal prosecutors across the country to indict for corruption Democratic politicians in areas where there was a contested race with a Republican opponent. (You probably could get any politician on corruption charges if you tried hard enough; being corrupt is part of the job.) Also, in the state of Arizona the Bush Administration put pressure on the federal prosecutor to pursue the JM Video obscenity case. In the JM case as well as in other cases across the country, when federal prosecutors did not do what the White House wanted, they were fired. This is against the law. It is wrong for the Justice Department to pursue a political agenda in its prosecutions. This practice is so obviously evil that when this scandal came to light, Gonzales was forced to resign. Rove resigned shortly thereafter, ostensibly for other reasons. The JM case was clearly an effort to gain favor with the Religious Right, the group that put George W. Bush over the top in his re-election, and a key component to the Rove-designed plan for the Republicans to stay in power.
In the “discovery” that the Justice Department was required to turn over to me and my defense team, it is revealed that federal prosecutors were putting together a case against me in Alabama, hoping to use the conservative thinking of the people there to repress the sale of my movies to the whole country. Then, inexplicably, the feds dropped this pursuit and went after me in Washington, D.C. As reported in the Los Angeles Times in July, “Karl Rove defied a congressional subpoena and refused to testify about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.” My suspicion is that prosecutors decided that if the Rove political pressure scandal were to heat up just when my case came into the news in Alabama, it would be obvious that my prosecution in Alabama was also politically motivated.
I say that my prosecution is politically motivated because, as documented in the discovery in my case, no citizen of Alabama filed a complaint about my movies disturbing anyone there. An FBI agent was sent there to order my movies into that jurisdiction for the purpose of bringing this prosecution. (In fact, no one in Washington, D.C. complained about my movies either!)
To prove obscenity, prosecutors must show that a work violates the standards of some community, but since these communities did not complain, the Bush Administration is clearly conducting this prosecution for political gain. Criticism coming from the right alleges that the feds have only been going after the porn fringe. My guess is that the Bush Administration wants to throw the Religious Right a bone just before the election by going after a big, more mainstream pornographer, like myself.
Another thing to consider is that there could have been bad press for the feds if they would have citizens of Alabama on a grand jury, and on my trial jury, to look at my movies — something the grand jurors in Washington, D.C. have had to do, and my trial jurors will have to do. I’m not trying to imply that looking at my movies is a bad experience, but there are people who choose not to look at porn, and I would never force them to do this, something the feds are not above doing.
So the question that should be asked is: Who is the real criminal here?
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