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PECOS, May 2, 1996 - Senior Judge Lucius Bunton retained his keen sense
of humor this morning while considering a contempt of court motion
against "Republic of Texas" official Richard L. McLaren of Jeff Davis
County.
Mike Morgan, attorney for Stewart Title Co., noted that Judge Bunton is
one of numerous persons subpoenaed by the Republic of Texas to a court
of their own creation in Arlington last Saturday.
Fran Glaze, a Fort Davis resident who testified in an earlier hearing
concerning McLaren and Stewart Title, was also subpoenaed, along with
"an elderly widow in Fort Davis," Morgan said.
"I appreciate your not referring to the elderly old judge," Bunton said.
"I will take this under advisement. I am trying to figure out what is
the best thing to do."
Morgan said that McLaren's harassing actions have escalated from a
"cliquish club of those he doesn't like to what appears to be acts of
war" threats contained in a letter to President Bill Clinton and other
national leaders.
"In all the terrible human events of late, there's wishing that someone
had stopped something earlier. This is the earlier time someone should
stop it," Morgan said. "I ask you to curb his activities before they get
worse."
McLaren's activities began with a claim of a few thousand dollars
against the Jeff Davis County Commissioners, escalated to a $10 million
lien against Stewart Title and subsequent "court judgment" for triple
damages, to letters to appeals judges and the United States Supreme
Court, Morgan said.
Stewart Title's original petition to Judge Bunton was to stop the sale
of their office buildings in Corpus Christi and Houston. Judge Bunton
entered an order stopping the sale and prohibiting McLaren from filing
any further action against Stewart Title or anyone involved in the suit
or proceeding in any forum without Bunton's permission.
"McLaren set about immediately violating the temporary injunction and
then the permanent injunction," Morgan said.
Neither McLaren nor any member of the Republic of Texas showed up for
trial. Numerous owners of property in the Davis Mountains Resort where
McLaren lives were present.
The following letter was entered in evidence.
The Secretary of State of the united States, Warren Christopher
Dear Mr. Christopher;
CAUSE:
On this day, our diplomatic ambassador, Richard Lance, McLaren, was
captured and forcefully removed from his private property. He is
presently
being detained by U.S. marshals in a place unknown. The Republic
denounces
your vicious and unlawful attack on one of our sovereign citizens.
The Republic of Texas:
As you also know, the Republic is a neutral nation as declared by the
General Council on the 27th day of December, the year of our Lord one
thousand nine hundred and ninety-five. We have no army, air force, or
navy;
the only protection we have are our natural rights and the aid of God
almighty. We have the truth. The truth is that on the twelfth and
thirteenth of December in the year of our Lord one thousand nine hundred
and ninety-five, the body politic known as the Davis Mountains Land
Commission lawfully removed the Republic of Texas from under war powers
following your own rules of military procedure. You were given notice and
grace; you did not object. In fact NO ONE objected, not even the Hague.
The
Republic of Texas, by your own failure, is now a Sovereign Nation, under
the law of nations. The Republic fulfills ALL criteria of a body politic
and a nation under the law of nations. We have a Citizenry of people that
willingly pledge allegiance to our country. We have a functioning
provisional government for the benefit of these people; we have a lawful
court, under American common law; and we have a fully funded treasury in
gold and silver coin. We are a lawful country.
Your public policy cannot be justified by fraud. You had notice and grace
in the matter of the re-establishment of the Republic of Texas. You made
NO
objections. The Republic of Texas should be no different to you by law
than
the Balkan Republics were to the Russians. You set the precedent by
supporting their "break-away" on the floor of the United Nations. Your
timely opportunity to object in the re-instatement of the Republic of
Texas
has passed. By your own law, failure to object is final.
Our ambassador has diplomatic immunity from your process. Besides, we
fear
for the safety of our Ambassador because we know that the U.S. marshals
no
longer swear an oath to the United States Constitution.
COMPLAINT:
This is to Lawfully notify you that:
1. The action of your agents is tantamount to an act of war against this
non-belligerent nation.
2. You are in violation of our Treaty of 1838; see attached Diplomatic
Notice of Perfection of International Relations.
3. You are in violation of your own foreign relations law in this
matter.
DEMANDS:
1. We demand the immediate release of our ambassador, Richard Lance,
McLaren.
2. While he is in your custody and care, we demand that he be treated in
a manner befitting a diplomatic agent, and that he be granted full
rights as a prisoner of war under the third Geneva Convention.
Douglas Ralph, Saint
Vice-president of the Provisional Government
Republic of Texas
Attest
Donald J. Varnell
Secretary of Plans, Powers, Constitution, and Convention
Republic of Texas
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By PEGGY McCRACKEN
Staff Writer
PECOS, May 7, 1996 - All is quiet today in the federal courthouse, after
a hectic day Monday dealing with members of the "Republic of Texas" and
reporters seeking information about Richard McLaren of Fort Davis.
Deputy U.S. Marshals arrested McLaren at his rural home in Jeff Davis
County Saturday as he shredded weeds in a small vineyard. He remains in
Ward County Jail and is not causing any problems, his jailers said.
Despite a press release from the "Republic" stating that McLaren is not
eating, he was reported to be eating Monday, was in good health and good
spirits.
McLaren was arrested on a civil warrant for contempt of court, issued by
Senior Judge Lucius Bunton following a hearing in Pecos last Thursday.
The warrant was sealed until the arrest was made.
He will be held in the Ward County Jail until his appearance before
Judge Bunton, which is expected to be at 9 a.m. Thursday in Midland.
Billing himself as the legal counsel and foreign ambassador for the
"Republic of Texas," McLaren has filed numerous liens, lawsuits and
petitions against his neighbors in Jeff Davis County, county
commissioners and others across the state who have opposed him.
Judge Bunton ordered him to stop the filings, and Texas Attorney General
Dan Morales has directed county clerks not to accept them.
Reeves County Clerk Dianne Florez said today that she will follow
Morales' directive in the event members of the "Republic" attempt to
file anything in her office.
"They tried to post something at one time, but we didn't post it,"
Florez said. "We got with the other county clerks and didn't post
anything."
Meanwhile, the Jeff Davis County Mountain Dispatch reports apparent
dissension in the ranks of the "Republic."
McLaren, lead man in the group's bid to take over Texas and oust the
current state government as well as federal agencies, was suspended by
the Rebublic's president, John C. Van Kirk.
But McLaren and his cohorts tossed Van Kirk out of office in March.
Van Kirk said, "The scam operating under the leadership of suspended
council member Richard McLaren certainly does not lend itself to do
anything other than keep the people of Texas from understanding what the
Republic of Texas can do for all Texans," the Dispatch reported.
Claiming to still be president, Van Kirk said he suspended McLaren and
other members of the council "after an attempted coup by them and
militia groups in Texas to force a bogus impeachment of Van Kirk, who
had publicly stated that militias were not valid in Texas at this time
and when the Republic is fully reinstated will come under the authority
of county sheriffs."
Van Kirk plans a statewide speaking tour similar to the one McLaren was
on before his arrest. He says he agrees with Judge Bunton, who ruled in
early April that the Republic is an unincorporated business and not a
nation.
"Texas, as a nation, has to be first established at law, then accepted
by a majority of the people. That requires a political process and a
convention," Van Kirk said.
McLaren's agends "seems to bounce off the wall with frivolous filings,
creating bogus Common Law Courts, and subverting the truth," Van Kirk
said. "I believe his Republic of Texas will die a quick death. My job is
to get on with the task of brnging the true Republic of Texas to all
Texans."
Van Kirk signed numerous documents filed in the Pecos Division of
federal court in the Stewart Title Co. case that precipitated McLaren's
arrest.
The council, whose next meeting is set for Saturday in El Paso, claims
the state of Texas does not exist because its annexation by the United
States was not legal. They have renounced citizenship in the United
States.
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By PEGGY McCRACKEN
Staff Writer
PECOS, May 6, 1996 - Richard McLaren's arrest Saturday by U.S. Marshals
is unlawful, and the "Republic of Texas" had declared war on the United
States, said Donald J. Varnell, secretary of plans, powers, constitution
and convention.
That war is a paper war, Varnell told the Enterprise this morning in an
interview at the Lucius D. Bunton III federal courthouse in Pecos.
Varnell and eight fellow members of the "Republic of Texas" arrived in
Pecos this morning for McLaren's court appearance. They were
disappointed, however, because Judge Bunton is in an out-of-town
conference this week and will not see McLaren before Thursday.
McLaren's arrest came on a warrant from Judge Bunton, who found the Jeff
Davis County farmer in contempt of court for violating terms of an
injunction to stop filing documents relating to Stewart Title Co.
"The action of these U.S. agents is in violation of the Treaty of 1838
between Texas and the United States and constitutes an international war
crime against this independent nation," said Jeanette Kinman, under
secretary of public relations in a Sunday press release.
"Ambassador McLaren has assumed prisoner-of-war status by stating only
his name and position ambassador Richard McLaren and ID #7 and has
refused, and continues to refuse to accept food and water," Kinman said.
Under the Geneva Convention, U.S. officials have no authority to arrest
a diplomat from another country, Varnell said this morning.
But Varnell said the Republic is not threatening to go to war with
anyone.
"We are a non-aggressive nation. We have stated that in our paperwork,"
he said. "We are not going to war unless we are attacked. Everyone has a
right to defend themselves, even in the United States."
He would not say whether he considered McLaren's arrest an attack, but
said it was unlawful to arrest McLaren because he has diplomatic
immunity under international law.
Varnell displayed a "diplomatic identification and credentials" card
showing the he was recognized as secretary for plans, powers and
constitution for the Republic of Texas in international court case 94135
on Jan. 2, 1996.
The Republic recognizes United States laws when they are operating under
international law, Varnell said. Now the United States is operating
under their rules and regulations which is war powers, he said.
"People of the United States don't recognize they are slaves. They don't
know they are operating under war powers," Varnell said. "The United
States has been under it since 1861 under Lincoln."
Varnell said Republic members have renounced United States citizenship.
Arlington resident Earl Ray, Scott's identification card shows no title,
merely "citizen of the Republic of Texas."
He said the federal courthouse does not belong to the United States, but
to the Republic.
"The Republic of Texas owns all this property," he said.
Lloyd Black of Lancaster said the Republic's fight is to get officials
to obey the constitution.
"They have the wrong impression. We are not rebels. They are rebels," he
said, referring to "bureaucrats from city hall on up."
"We (the people) are the government," he said.
While denying that Texas is a state, Black quoted from the Texas
constitution that the state is a republican form of government.
"But we never hear republic on any news. All we hear is democracy, and
that's mob rule," he said.
He said that Article 1, Sec. 29 of the Texas Constitution says these
bill of rights are to forever be out of the reach of the Texas
Legislature "in order to protect our rights from the people that we have
elected and sit in these high places."
Asked why the Republic's top official in an April 19 meeting in Dallas
asked for donations of any type including cash, laptop computers, even
trains Varnell said that members finance their activities out of their
own pockets.
The reference to trains was probably meant as a joke, he said. "The
council hasn't discussed trains."
The Dallas council meeting drew 500 people, he said. With meetings set
every three weeks, the next one will be Saturday in El Paso, Varnell
said. The next will be in Lufkin.
"None of us is rich, but we are blessed by God, the Christ," Black said.
"That's where our law is."
Scott said that nobody pays Republic members. "We do it from the heart."
Jean Coyle of Dallas said the group would go on to Monahans to see if
McLaren is still in jail there and see if he can receive visitors or if
he needs anything.
Officials at the federal courthouse met with the group and gave them all
available information. They said that McLaren probably will appear
before Judge Bunton in Midland at 9 a.m. Thursday.
The five men and four women denied any connection with the Freeman group
in Montana, which is under siege by the FBI. News reports of their
activities have been largely incorrect, they said. Two refused to give
their names for that reason.
"They said we are armed and dangerous. We are not armed and dangerous,"
said 64-year-old Scott. "I am non-violent. I have to be because I can't
run very fast.
"We are just normal, lawful abiding citizens," he said. "What we are
trying to do is re-establish lawful government for Texas of the people,
by the people, for the people."
In an April 21 notice to President Bill Clinton and the Congress of the
United States, McLaren made this statement, referred to in his contempt
hearing last week before Judge Bunton:
"We have come peacefully and have highest respect for all concerned, but
if you fail to regard this as a valid notice in perfecting
interntational relations and continue to plunder the lives and property
of our Citizens and People on the Soil of Texas, and refuse to make
proper arrangements for vacating the Soil of Texas and relinquishing
your operations to the existing coalition government by and through the
existing STATE OF TEXAS de facto government, we will regard your
continued presence as acts of war involving war crimes against our
Citizens and People, and will move in international means of remedy
against agents of your government on the Soil of Texas."
MONAHANS, Texas, May 6, 1996 (AP) - Facing a federal contempt citation,
an anti-government group's leader remained jailed today for a third day
after his arrest in West Texas.
Richard L. McLaren of the Republic of Texas movement was held at the
Ward County Jail in Monahans, Sheriff Ben Keele and a spokeswoman for
the San Antonio-based group said Sunday.
``We are holding him for the U.S. marshal,'' Keele said.
He said no bond information was available on McLaren, who describes
himself as an ambassador and chief legal counsel for the sovereign
republic.
Television station KMID-TV reported that McLaren was jailed without
bond.
Federal officials declined comment today to The Associated Press.
Deputy U.S. marshals arrested McLaren Saturday as he drove a tractor on
his property in Jeff Davis County, about 100 miles southwest of
Monahans, said Jeanette Kinman, the Republic spokeswoman.
She said U.S. District Judge Lucius Bunton had held McLaren in contempt.
Bunton had heard complaints about the republic's practice of issuing
liens against property. Bunton did not immediately return a telephone
call from The Associated Press.
Using a so-called Common Law Court of Pleas, convened at an Arlington,
Texas, motel, the Republic movement has issued trillions of dollars in
purported judgments against the United States, Federal Reserve Board and
other government entities.
The movement's leaders, who contend that Texas was illegally annexed by
the United States in 1845, are in a secession movement.
Texas Attorney General Dan Morales told county and district clerks last
week not to accept or file property liens issued by any courts that are
not established by the constitution or state law.
Various anti-government groups, such as the Freemen who are in the
seventh week of a standoff with federal officials in Montana, subscribe
to common law courts. They say they are not subject to state or federal
laws.
On Friday, a van with ``Republic of Texas'' license tags was stopped in
Houston and a man professing to be a member of the group was charged
with traffic violations.
A Harris County deputy constable said plastic pipe, wires and detonation
devices were found in the van.
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By Peggy McCracken
Staff Writer
PECOS May 9, 1996 - Richard Lance McLaren of Fort Davis strode into
federal court here Thursday with a bright smile and a nod for his fellow
citizens of the "Republic of Texas."
He left an hour later more subdued, still in the custody of U.S.
Marshals, and still trying to "perfect the record" by handing to his
friends documents he had read to Senior Judge Lucius Bunton in his
contempt of court hearing.
McLaren had refused a summons to appear May 2 to show cause why he
should not be held in contempt for filing documents and holding court
hearings regarding Stewart Title Guaranty Co. after Bunton told him to
stop.
Bunton had stopped McLaren's planned auction sale of all Stewart Title's
considerable holdings in Texas.
As an ambassador of a foreign nation the Republic of Texas McLaren
said he could not participate in Thursday's hearing because he does not
recognize the United States court's jurisdiction.
What he read to "perfect the record" was a long, rambling statement
about actions the Republic of Texas has taken in courts of its own
creation. One of those acts was to subpoena Judge Bunton to a "district
court" hearing in an Arlington motel room April 27.
That and similar violations of Judge Bunton's order not to proceed in
any forum without his consent led to McLaren's arrest last Saturday. His
refusal to agree to abide by Judge Bunton's orders earned him a
permanent jail cell until he changes his mind.
But first he gave the long-haired 43-year-old hermit a chance to go free.
"I am going to adopt the orders that I previously entered in the
permananet injunction and ask you to see they are not violated again;
that you as a diplomat of the Republic of Texas, or whatever office you
hold, direct your friends and people connected with the Republic of
Texas to cease and desist" any filings or court proceedings.
"It just has to cease," Bunton said. "I don't want to jail you for
violation of the court orders. On the other hand, I can't allow you or
anyone else to thumb their nose or to maintain and claim that the
federal court doesn't have jurisdiction in these matters.
"To allow that would be to encourage anarchy so nobody would recognize
any of our departments in the United States government," Bunton said.
Bunton attempted to appoint a lawyer for McLaren, but he refused,
stating that as a diplomat, he could only accept representation by
Republic of Texas counsel.
"We are currently talking with the State Department, so there are other
things going on," McLaren said. "Hopefully we can work something out
with Washington which may resolve this problem for everyone."
In the meantime, Judge Bunton said he had no alternative but to place
McLaren in the custody of U.S. Marshals.
"Please be aware that the Republic of Texas is a living, breathing
entity, and the people will react," McLaren said. "I will not be
responsible for their actions to what you do."
McLaren said he has asked for a grand jury indictment against Judge
Bunton, and the court will proceed with or without him.
"Frankly, I have a hard time understanding where you are coming from a
lot of times," Judge Bunton said.
McLaren said that people of this coutry have lost all our values, and
people are upset when they see United Nations and German flags flying
over their land.
"Things are about to get out of hand," he said. "Can't we break that
barrier? Everyone says the only way they are going to take Texas back is
by violent overthrow. I say, `No, there has to be a way.' We have tried
to do it under the law of nations, but we have had everything denied to
us. I have to follow my conscience, and the citizens of the Republic
have to follow their conscience."
Judge Bunton said that his ancestors were at San Jacinto and the signing
of the Declaration of Independence.
"I have been here a long time. Certainly, I feel very strongly about my
state and the United States," he said. "I don't think that now, or 10 to
20 years from now, any additional blood needs to be shed in this matter.
I am sorry you and others feel great discomfort with the way things are
in this nation at this time. If your avenues are better than mine, I
guess we will find it out."
Several officials with the Republic of Texas were present for the
hearing. Don Varnell, secretary of plans, powers and constitution, said
he does not know how ROT citizens will react to McLaren's continued
incarceration.
"People are getting to the point where they have no recourse at law,
because the judges will not follow their own law," he said. "We have no
idea what the people will do. Probably nothing, but we don't know."
He said the Republic of Texas has 10,000 to 50,000 citizens who have
renounced their United States citizenship.
The elected council is composed of 12 members who meet every three weeks
in various locations across the state. The next meeting is set for 10
a.m. Saturday in the Clarion Hotel in El Paso.
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Is the Republic of Texas a legitimate movement aimed at restoring
freedom to Texans who no longer want to be a part of the United States
of America? Or is it made up of a lunatic fringe bent on causing trouble
for everyone who disagrees with them?
Wesley W. Burnett, publisher of the Post (Tex.) Dispatch, is a recent
convert to the movement. After listening to Richard Lance McLaren speak
in a March 9 meeting in Lubbock, Burdett wrote that he is the natural
leader of the Provisional Government.
"No matter what the situation, he seems to be forever able to overcome
objections and criticism, and brings the questioner back to focus on the
central issue... are we ready for real freedom and independence?"
Burdett wrote in the Republic of Texas Magazine he created and began
publishing in May.
"I've been wondering for awhile why it took 150 years for someone to
discover that Texas was never actually a state," Burnett wrote. "After
meeting McLaren and watching him work, I am inclined to believe that
God's hand is involved in this whole process."
God's hand is what McLaren's fellow citizens claim led the group to
renounce their United States citizenship and pledge allegiance to the
Republic of Texas.
It all began in the Davis Mountains, where McLaren had, and continues
to have, problems with his neighbors, with banks who insist on repayment
of mortgage loans, and with real estate agents and title companies.
Those problems led him to form the Davis Mountains Land Commission,
which he claims is the only legal organization in the Republic of Texas.
McLaren and the land commission have filed countless property liens and
other documents in the Jeff Davis County courthouse over the past
decade, filling drawers and cabinets with their papers, the Mountain
Dispatch reports.
They had established themselves as regulars in the curthouse until a
trio of county commissioners and a handful of citizens demanded the
group take their act someplace else. That someplace else became the San
Antonio area and the Hill Country where McLaren and the Republic formed
this past fall and winter, eventutally ordering state and federal
governments out of Austin earlier this year as the movement gained
momentum.
As a result of their "seizure" of the Texas Capitol, McLaren claimed
the Department of Public Safety is now in the Republic's camp and is the
only state agency they recognize.
But Laureen Chernow, DPS public information officer, said the truth is
a little different. A DPS officer accepted the papers McLaren served on
the governor and lieutnenant governor, demanding they vacat the capitol.
The officer merely turned the papers over to those officials, she said.
"I can assure you we did not indicate we agreed with this seizure,"
Chernow said. "We agreed to accept those papers. We believe we are still
a vital and functional agency of the State of Texas."
While McLaren's legal maneuvering reveals a keen intellect, much of it
is unintelligible and appears to distort the facts. His fellow
"citizens" who came to Pecos for court parroted the same line McLaren
uses. We found them less than credible.
How do you feel? Would you renounce your U.S. citizenship and join the
movement for independence? Do you believe Texas belongs to the union and
should remain so? How should courts and law enforcement agencies respond
to Republic demands?
What's your opinion? Send your comments for publication to Opinion, Box
2057, Pecos TX 79772; e-mail news@bitstreet.com, FAX 915-445-4321 or
telephone Peggy at 915-445-5475.
FORT DAVIS, May 30, 1996 Security was tight Wednesday morning when
"foreign ambassador" Rick McLaren quietly was whisked into Fort Davis
and then out again by federal marshals.
McLaren, who bills himself as the chief legal counsel and foreign
ambassador of the Republic of Texas, is being held in the Midland County
Jail under federal orders.
He was in Fort Davis for an appearance in state district court on
charges he burglarized a habitat last August in the Davis Mountains
Resort.
Appearing a little disheveled and wearing while plastic sandals and
bluish-gray coveralls with Midland County Jail stamped on them, McLaren
has obviously not shaved or had a haircut since being tossed in jail by
U.S. Senior Judge Lucius Bunton in early May. He has, however, not
followed through with threats to not eat or drink while in jail.
The federal officers who brought McLaren for his district court
appearance were joined by state lawmen in preparing for McLaren's
morning in court.
Because of threats made by both McLaren and some of his followers, there
have been increased security concerns every time the Jeff Davis County
man has been in federal or state courts.
Security for Judge Bunton has been increased in recent weeks, as have
federal installations each time McLaren has been ordered to appear in
Pecos or, as in this case, brought from his jail cell to appear.
Jeff Davis County Sheriff Harvey Adams is one of many law enforcement
officers concerned about McLaren's district court appearance and the
kinds of people the Republic of Texas attracts.
Links to the Montana Freemen have been established, as well as
statements from the Republic that various militia organizations
scattered around the state are serving the Republic as its form of law
enforcement.
McLaren has denied that the Rebpuclic is anything but peaceful, but when
ordered to jail by Judge Bunton earlier in May, he told the judge, in a
not-so-veiled threat, that he (McLaren) could not be responsible for
what might happen if he was ordered to jail.
Similar to his apeparances before Judge Bunton, McLaren told visiting
State District Court Judge Paul McCollum Wednesday that the district
court has no jurisidiction over him or the case involving burglary of a
Davis Mountains Resort home last August.
MNcLaren was arrested and charged with the burglary after he was seen at
the home, one that belongs to Mr. and Mrs. Jerry Garnett of Marfa. A
Jeff Davis County grand jury returned a true bill earlier this year.
It is believed that two sealed indictments that have yet to be served in
other parts of the state also relate to this case.
Judge McCollum, sitting on the bench of the 394th District Court for
Judge Kenneth DeHart, arraigned McLaren on the burglary charge, but
McLaren told the judge that neither he nor the court has any
jurisdiction in the case.
The judge asked McLaren if he wanted a court-appointed attorney, and
McLaren turned him down, again for the same reasons the state has no
jurisdiction.
Judge McCollum calmly told McLaren he was sending hinm back to jail,
ending the short hearing.
McLaren has been in jail most of May for almost the same reasons
refusing to follow Judge Bunton's orders and telling the federal judge
he and his court have no jurisdiction in events involving McLaren and
the Republic.
Both McLaren and the Republic were told in orders of a judgment in a
federal civil suit this spring to refrain from harassing any of the
witnesses or litigants in the suit.
McLaren and the Republic almost immediately issued orders for those
witnesses, including some from Fort Davis and Judge Bunton, to appear in
the Republic's common court at an Arlington motel room in late April.
Judge Bunton ordered McLaren to come to his federal court in Pecos and
explain why those notices were not violations and contempt of court.
McLaren failed to appear and was picked up in the DMR that same week.
He's been in jail ever since.
No date has been set for the state case involving the burglary of the
DMR home.
PECOS, June 10, 1996 - Republic of Texas "ambassador" Richard L. McLaren
" was hoist on his own petard" when he refused legal counsel at his
contempt hearing May 9, Senior Judge Lucius Bunton said Friday in
denying a motion for extension of time to appeal.
However, Judge Bunton released McLaren on $10,000 unsecured bond on his
promise to recognize the court's jurisdiction and to abide by numerous
conditions.
McLaren had refused to participate in a May 9 contempt hearing because,
he said, federal courts have no jurisdiction in the Republic of Texas.
As ambassador for the Republic, McLaren could participate only as a
diplomat in a political discussion with Bunton, he said.
Judge Bunton found him in contempt of court and ordered him held until
he changed his mind. McLaren appeared Friday with San Antonio attorney
John Fahle, who said members of the Republic hired him.
Following the hearing, McLaren and Republic "citizens" who were present
for court left for Lubbock, where he was scheduled to speak to the
Liberitarian Party Friday night.
Before allowing McLaren to post bond, Judge Bunton required him to
promise to maintain employment (he claims to be a self-employed farmer
and officer of the Republic); stay within the confines of the state of
Texas unless he obtains permission from his pre-trial services
supervisor to travel;
Report regularly to the pre-trial service office; refrain from
possessing a firearm or destructive device ("I have no firearms in my
possession. As a diplomat I can't have them anyway"); post $10,000
unsecured bond; agree not to obtain a passport;
Report all contacts with law enforcement agencies (arrests) within 24
hours; report as directed to proper authorities in Jeff Davis County to
respond to burglary charges; file no documents against the county of
Jeff Davis or any other legally-authorized taxing entity as it relates
to this case;
And abide by terms of a permanent injunction filed April 4 in Stewart
Title Company vs. Richard L. McLaren.
McLaren said that he is not responsible for some of the actions
prohibited in the injunction and that he has no control over other
"citizens" of the Republic who have been filing liens.
"I will agree not to direct them to file liens," he said.
"All right, I will grant the motion and set bond at $10,000, unsecured,"
Judge Bunton said. "If you are not here when I tell you next time, if
you start doing like you did before, I will have the authority to issue
another warrant for your arrest and will put you in jail, and you will
not get another chance."
McLaren said he would abide by those rules, "and we will see what the
appellate court says."
Fahle asked for an extension of time to file an appeal of the contempt
finding, which Stewart Title attorney Mike Morgan opposed.
McLaren is familiar with the law in some ways, but not with the federal
rules of civil procedure, Fahle said.
"Part of the problem is that people in Texas are frustrated with the
entire justice system, and that's why people turn to common law courts,"
Fahle said.
"If he is able to take this entire thing up, at least they will have the
satisfaction of having their day in court in the Fifth Circuit, and
there is no reason to take that to a common law court. He has already
said he will abide by whatever the appeals court says."
Morgan said that Stewart Title consented to McLaren's release on bail,
but opposed the time extension, saying he had his 30 days to appeal.
"His style is to refuse those things he doesn't like," Morgan said,
noting his rejection of all notices regarding Stewart Title's suit
against him.
"His style is not to play fair. He claims not to know this court
rendered a judgment against him on April 4. Yet (in a letter) he said
Bunton has apparently tried to try this case," Morgan said.
"Now in a request for extension of time, he disclaims knowledge you
tried it. He lives by default judgment. He loves to default people...He
says (to Stewart Title) if you don't tell me why you don't owe me $10
million, then you owe me $10 million.
"It defies logic if a man who lives by default judgment and estoppel
should now be given an extension of time to appeal a judgment he refused
to attend...He said `I am not going to see Bunton until the marshal
grabs me by the elbow and makes me do it.'"
In denying the motion to extend, Judge Bunton said he tried to appoint
McLaren a lawyer at the contempt hearing, but he refused one.
"Had I known, Mr. Fahle, that you understood his position, I would have
appointed you that day."
Fahle said after the hearing that he does not fully understand the legal
ramifications of the statehood question, but intends to research it.
"McLaren believes in it passionately," he said.
McLaren said he would present his stand at the Libertarian Party's
convention in Lubbock Friday night, and he expects them to address the
issue of Texas' independence in their party platform.
PECOS, June 18, 1996 - Richard McLaren, "ambassador" and "consul
general" for the purported Republic of Texas, said he filed documents
with the United Nations Monday that automatically makes everyone in the
state a citizen of the independent nation of Texas, rather than the
United States.
McLaren visited the federal courthouse in Pecos this morning to copy
court documents relating to his arrest and civil contempt finding. He
was to report to pre-trial officers in Midland as ordered by Senior
Judge Lucius Bunton.
Judge Bunton released McLaren from jail June 7 on a $10,000 bond secured
only by his signature.
His Fort Davis neighbors reported last week that McLaren packed up his
belongings and left for Dallas. They didn't expect him to return any
time soon.
However, McLaren said today that he returned home to take care of his
farm (he tends a small vineyard). Two Republic of Texas "citizens" from
Midland drove to Fort Davis to pick up their leader for his court
appointment. They waited in the van in the courthouse parking lot.
McLaren said he is touring the state on Republic business, but that it
is no longer necessary to sign up "citizens," because we are all now
citizens of the Republic.
Federal judge releases McLaren, denies extra appeal time
By PEGGY McCRACKEN
Staff Writer
PECOS, June 10, 1996 - Republic of Texas "ambassador" Richard L. McLaren
" was hoist on his own petard" when he refused legal counsel at his
contempt hearing May 9, Senior Judge Lucius Bunton said Friday in
denying a motion for extension of time to appeal.
However, Judge Bunton released McLaren on $10,000 unsecured bond on his
promise to recognize the court's jurisdiction and to abide by numerous
conditions.
McLaren had refused to participate in a May 9 contempt hearing because,
he said, federal courts have no jurisdiction in the Republic of Texas.
As ambassador for the Republic, McLaren could participate only as a
diplomat in a political discussion with Bunton, he said.
Judge Bunton found him in contempt of court and ordered him held until
he changed his mind. McLaren appeared Friday with San Antonio attorney
John Fahle, who said members of the Republic hired him.
Following the hearing, McLaren and Republic "citizens" who were present
for court left for Lubbock, where he was scheduled to speak to the
Liberitarian Party Friday night.
Before allowing McLaren to post bond, Judge Bunton required him to
promise to maintain employment (he claims to be a self-employed farmer
and officer of the Republic); stay within the confines of the state of
Texas unless he obtains permission from his pre-trial services
supervisor to travel;
Report regularly to the pre-trial service office; refrain from
possessing a firearm or destructive device ("I have no firearms in my
possession. As a diplomat I can't have them anyway"); post $10,000
unsecured bond; agree not to obtain a passport;
Report all contacts with law enforcement agencies (arrests) within 24
hours; report as directed to proper authorities in Jeff Davis County to
respond to burglary charges; file no documents against the county of
Jeff Davis or any other legally-authorized taxing entity as it relates
to this case;
And abide by terms of a permanent injunction filed April 4 in Stewart
Title Company vs. Richard L. McLaren.
McLaren said that he is not responsible for some of the actions
prohibited in the injunction and that he has no control over other
"citizens" of the Republic who have been filing liens.
"I will agree not to direct them to file liens," he said.
"All right, I will grant the motion and set bond at $10,000, unsecured,"
Judge Bunton said. "If you are not here when I tell you next time, if
you start doing like you did before, I will have the authority to issue
another warrant for your arrest and will put you in jail, and you will
not get another chance."
McLaren said he would abide by those rules, "and we will see what the
appellate court says."
Fahle asked for an extension of time to file an appeal of the contempt
finding, which Stewart Title attorney Mike Morgan opposed.
McLaren is familiar with the law in some ways, but not with the federal
rules of civil procedure, Fahle said.
"Part of the problem is that people in Texas are frustrated with the
entire justice system, and that's why people turn to common law courts,"
Fahle said.
"If he is able to take this entire thing up, at least they will have the
satisfaction of having their day in court in the Fifth Circuit, and
there is no reason to take that to a common law court. He has already
said he will abide by whatever the appeals court says."
Morgan said that Stewart Title consented to McLaren's release on bail,
but opposed the time extension, saying he had his 30 days to appeal.
"His style is to refuse those things he doesn't like," Morgan said,
noting his rejection of all notices regarding Stewart Title's suit
against him.
"His style is not to play fair. He claims not to know this court
rendered a judgment against him on April 4. Yet (in a letter) he said
Bunton has apparently tried to try this case," Morgan said.
"Now in a request for extension of time, he disclaims knowledge you
tried it. He lives by default judgment. He loves to default people...He
says (to Stewart Title) if you don't tell me why you don't owe me $10
million, then you owe me $10 million.
"It defies logic if a man who lives by default judgment and estoppel
should now be given an extension of time to appeal a judgment he refused
to attend...He said `I am not going to see Bunton until the marshal
grabs me by the elbow and makes me do it.'"
In denying the motion to extend, Judge Bunton said he tried to appoint
McLaren a lawyer at the contempt hearing, but he refused one.
"Had I known, Mr. Fahle, that you understood his position, I would have
appointed you that day."
Fahle said after the hearing that he does not fully understand the legal
ramifications of the statehood question, but intends to research it.
"McLaren believes in it passionately," he said.
McLaren said he would present his stand at the Libertarian Party's
convention in Lubbock Friday night, and he expects them to address the
issue of Texas' independence in their party platform.
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Copyright 1996 Pecos Enterprise