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USWGO Alternative News founder files 2255 motion for actual innocence of accused crime

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posted on Nov, 14 2017 @ 09:30 PM
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Brian D. Hill of USWGO Alternative News has declared his innocence and has filed his Writ of Habeas Corpus under Title 28 U.S.C. §2255 motion to vacate, set aside, or correct a sentence. Brian is pushing for relief of having his criminal conviction vacated, release a certificate of actual innocence giving Brian the right to expunge his DNA off of the FBI criminal database once Brian is found actually innocent or Brian will push for Congress to remove Brian's DNA from the FBI database since Brian will be found actually innocent of the crime. It all depends on if Judge Thomas D. Shroeder finds him actually innocent.

USWGO Alternative News founder files 2255 motion for actual innocence of accused crime

Original criminal case files: archive.org...

RECAP has the 2255 motion but most of the documents aren't available so check the link above:

archive.org...

Document 125 - www.archive.org... - MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255) by BRIAN DAVID HILL. (Attachments: # (1) Envelope)(Taylor, Abby) Civil case 1:17-cv-01036-TDS opened.

Document 125-1 - www.archive.org... - Envelope but it appears to be a box that had used an Express mail label

Document 126 - www.archive.org... - MOTION/APPLICATION for IFP by BRIAN DAVID HILL. (Taylor, Abby)

Document 127 - www.archive.org... - NOTICE by BRIAN DAVID HILL re [125] MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255) Civil Case 1:17CV1036. (Taylor, Abby)

Document 128 - www.archive.org... -
MEMORANDUM by BRIAN DAVID HILL re [125] Motion to Vacate/Set Aside/Correct Sentence (2255) filed by BRIAN DAVID HILL. Civil Case 1:17CV1036. (Attachments: # (1) Additional Attachments, # (2) Additional attachments)(Taylor, Abby) - Pages 1-101

Document 128-1 - www.archive.org... - Pages 102-172

Document 128-2 - www.archive.org... - Pages 173-228 plus 2 pages of certificate of service

Document 129 - www.archive.org... - DECLARATION by BRIAN DAVID HILL re [125] Motion to Vacate/Set Aside/Correct Sentence (2255) filed by BRIAN DAVID HILL. Civil Case 1:17CV1036. (Taylor, Abby)

Document 130 - www.archive.org... - SECOND DECLARATION by BRIAN DAVID HILL re [125] Motion to Vacate/Set Aside/Correct Sentence (2255) filed by BRIAN DAVID HILL. Civil Case 1:17CV1036. (Taylor, Abby)

Criminal Case #: 1:13-cr-435-1; Civil Case #: 1:17CV1036

United States of America v. Brian David Hill
U.S. District Court for the Middle District of North Carolina
Case opened on November 25, 2013, Case closed on November 12, 2014
Charge Count #1: Possession of child pornography
Actual Innocence claims will default the charge and Brian David Hill will be found actually innocent based upon how many facts of actual innocence Brian can prove in the Federal Court of law. Stay tuned in this thread for the criminal case evidence to come out. Jon Bowne will independently watch this case, to prevent Brian from being secretly abducted or killed. News reporters MUST, MUST, MUST, absolutely MUST watch this criminal case NOW because Brian D. Hill is putting his life at risk, his life may now be in danger by going up against the pedophile rings and demanding their arrest and that certain criminals be held accountable for Brian being set up like what had almost happened to Luke Rudkowski, Jeff Lewis, Stewart Rhodes, Melissa Melton who is now Melissa Dykes, Aaron Dykes collectively with Melissa since the frame up would have caused him to be a suspect, and others in the alternative media.

This is separate from the FOIA lawsuit in Western District of Virginia, but you may follow that civil case from the other thread here:

www.abovetopsecret.com...


Three or Four Grounds are being used in Brian's 2255 motion based on the following:
(1)Actual Innocence, factual based innocence evidence
(2)Ineffective Assistance of Counsel, U.S. v. Massaro and other cases
(3)Prosecutorial misconduct by covering up the evidence inside their prosecution case files as reported in Brian's FOIA lawsuit in the other thread on this forum.

From the little bits I have read over so far, and skimming over some of the filing, it appears that Brian may have a very strong case for actual innocence.

They never verified that actual child porn was found on Brian's computer as the National Center for Missing and Exploited Children did not confirm the so-called victims so no victims were listed. No blurred thumbnails of the alleged child pornography. There may have been adult pornography on Brian's computer which may have been misconstrued as for example: teen porn aka child pornography. Dr. Keith Hersh ruled out Dr. Graney's earlier diagnosis for pedophilic disorder, so Brian has been ruled to NOT be a pedophile. Instead they labeled him with delusional disorder because of Brian's set up claims with no proof because he was in Maximum Security Jail with no effective assistance of counsel. The evidence is clear that they did not prove Brian guilty but mainly relied on threatening Brian to falsely confess or his family would be set up on the charge that was planned for him. Brian could have been found innocent at a jury trial had he been given effective assistance of counsel instead of the horrible Public Pretender, Eric David Slackey, I mean Eric David Placke.

Brian has asked the Court for a audio forensic expert to analyze the confession audio, a psychologist and/or medical doctor to determine if Brian's blood sugar was high or low which caused him to give purely false confession statements that cannot be proven true but are proven false upon a cross examination, and a computer forensic expert. A private investigator may be appointed as well unless the Federal Court does not want tons of money to be spent on all experts.

Brian has apparently asked to subpoena Alex Jones, Darrin McBreen, Aaron Dykes and/or Melissa Dykes (Melissa Melton), Stewart Rhodes, and Dennis Debbaudt a law enforcement trainer who has trained federal law enforcement officers or agents. Susan Basko may also be called forth to testify. He has also appeared to have added Luke Rudkowski but hasn't been able to track down his address and I was unable to track down his home address. The subpoenas will be filed under SEAL to protect the home addresses from being revealed in federal court, since some may be of personal home addresses via tracking down the addresses of some witnesses that do not publicly give those addresses. Certain services were used to track down Stewart Rhodes and other home addresses. Infowars has a public Agent and Attorney that is filed under the Secretary of State regarding a business license, so Alex Jones and Darrin McBreen will be subpoenaed through the Agent of Free Speech Systems, LLC under the name and business address of the office of Alex Jones and Infowars productions.




posted on Nov, 14 2017 @ 09:35 PM
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So yes guys, Alex Jones may testify in Brian's criminal case if the Judge determines that the video of Brian D. Hill, Alex Jones, interviewing Stewart Rhodes, the photograph of Brian and Alex and Stewart Rhodes, and other evidence is enough to formally subpoena Jones to testify before the Honorable Judge Thomas D. Schroeder.

More information will be added overtime, as new updates come. I will continue updating Brian's FOIA lawsuit in the separate thread below:

www.abovetopsecret.com...

God Bless Trump! God Bless America!

Once Brian proves his innocence, they may expose the pedophile rings hidden deep within the State of North Carolina and it's state and/or local Governments. Brian should be given a medal for proving his innocence and he may reveal pedophile rings depending on what words are exchanged at the federal habeas corpus hearings in the future.
Brian has a good list of experts and has done well explaining to the Court why they are necessary for proving Brian's factual innocence.

I recommend everybody at ATS to keep watch of Brian's criminal case during the § 2255 phase. That way Brian will be protected from any form of disappearing, mysterious death or suicide, any witnesses disappearing, you know the usual deep state garbage. To protect Brian, his family, the witnesses, and to prevent the Federal Court in the Middle District from acting corrupt in any way, this thread has been posted for Brian's safety. Just like how Luke Rudkowski of We Are Change posted the set up with child porn video for his safety. He didn't just file a report with the FBI because they are corrupt, well maybe just the high ups, and so he did a YouTube video for his safety.

I want Brian to be safe from harm and safe from any attempts to end his life. I want Brian to be safe and that he be allowed to prove his actual innocence without any fettering from the crooked Feds.



posted on Nov, 15 2017 @ 05:58 AM
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a reply to: StanleyBolten

You have provided an awful lot of information, but not any narrative explanation of what happened, who this person is, what he stood accused of in specific terms, or indeed why you believe him to be innocent of the crime of which he stands accused.



posted on Nov, 15 2017 @ 02:01 PM
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originally posted by: StanleyBolten
They never verified that actual child porn was found on Brian's computer as the National Center for Missing and Exploited Children did not confirm the so-called victims so no victims were listed.

That doesn't make sense, how are they supposed to "confirm the victims"? Do they only count if they know them?

That sounds like a bad excuse.

Also, there's no need for real victims to exist, computer generated or altered images can be considered child pornography, they just have to depict children or what look like children in pornographic scenes.



posted on Nov, 15 2017 @ 02:33 PM
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originally posted by: ArMaP

Also, there's no need for real victims to exist, computer generated or altered images can be considered child pornography, they just have to depict children or what look like children in pornographic scenes.


That's a risky approach, and something that needs to be addressed legally. With photo editing, 3D rendering and even just regular art, where's the line between what's criminal and what's just distasteful? If there isn't a real person involved (ie. art of a fictional character), I find it hard to come up with a rational argument for that being a crime, since there is quite literally no victim involved.



posted on Nov, 15 2017 @ 06:09 PM
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a reply to: ShadeWolf

It was addressed legally.


(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.


Source

Most countries use this definition.

I forgot to say that, as you can see in the above site, this is considered "sexual exploitation of children", so I suppose they include computer generated images because the intent is the same, sexual exploitation of children, although in a simulated way.

But yes, it's a risky and subjective thing.
edit on 15/11/2017 by ArMaP because: (no reason given)



posted on Nov, 16 2017 @ 12:03 AM
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How about all of you read the entire filing before coming to conclusions that have absolutely NOTHING to do with his claims.

The State Bureau of Investigation has committed the act, according to legal Counsel Angel Gray, Agent Gerald Thomas changed his report without doing it properly therefore was manufacturing evidence.

That same Agent was involved in Brian's case according to the Search Warrant.

What you are all arguing is NOT a goddamn excuse. He was stating that Detective Bridge stated the child porn was known to him and had downloaded to Brian's Laptop. Those files were never confirmed to being on Brian's computer. Two THREATENING EMAILS from tormail.org, again look at Luke Rudkowski and Stewart Rhodes, said child porn was planted on his computer and hard drives, that he will be framed and they know some people in the SBI.

You all need to read the entire case files before coming the to your own conclusions. Read all of the Exhibits before making such comment responses that sound ignorant.

DO I need to write hundreds of pages of text on here before any of your own conclusions sound valid?

Anyways, what Brian is arguing is that they are just claiming "yeah we found child porn on his computer" but nobody has confirmed if any are even of child porn according to federal law. The Prosecutor has to prove that child porn did download to the suspect's computer, and that such images were of actual child pornography. Then they have to show that Defendant had knowingly possessed such material to convict the person beyond a reasonable doubt because of how easy it is to plant child porn. None of you have ever been victims of somebody sending child porn to your email so none of your opinions count. I'm sorry for being mean but Brian doesn't need further attacks on his credibility. He has a right to prove his innocence and people need to stop treating him like he is guilty until he commits suicide like he has threatened to do for years. People need to stop making him feel suicidal by calling him a pedophile or just treat him like he is guilty. When it comes to murder charges, people are more reasonable but the stigmatization of people accused of such crimes is way different standards of treatment, whether they are guilty or not.

Police lie all of the time, he has proven in federal Court in Danville that the same U.S. Attorney office that has prosecuted him for child porn has engaged in obstruction of justice, lying on material facts, and lying. Using false evidence.

Yeah Brian's claim that no victims were identified IS VALID, because he has caught the Government lying multiple times, they had a weak case all along, they never intended to prove him guilty of anything. All they wanted was to threaten him to falsely confess and then just doctor up a bunch of Bull$#!t evidence.



posted on Nov, 16 2017 @ 12:11 AM
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The Exhibits have been added.

Document 131 - www.archive.org... - EXHIBITS 1-12 by BRIAN DAVID HILL re [128] Memorandum. Civil Case 1:17CV1036. (Taylor, Abby) (Additional attachment(s) added on 11/15/2017: # (1) Envelope) (Taylor, Abby).

Document 131-1 - www.archive.org... - Envelope

Document 133 - www.archive.org... - EXHIBITS 13-32 by BRIAN DAVID HILL re [128] Memorandum. Civil Case 1:17CV1036. (Taylor, Abby)

Document 134 - www.archive.org... - EXHIBITS 33-45 by BRIAN DAVID HILL re [128] Memorandum. Civil Case 1:17CV1036. (Taylor, Abby)

Document 135 - www.archive.org... - EXHIBITS 46-53 by BRIAN DAVID HILL re [128] Memorandum. Civil Case 1:17CV1036. (Taylor, Abby)

Civil case of 2255 motion filed, RECAP page has opened up: archive.org...

Updated here: archive.org...

The evidence is coming. I've heard that the Federal Judge may be U.S. Magistrate Judge Joe L. Webster.

Brian has now started the legal battle for his innocence. More evidence may be filed depending on how things go each week of this new case.

Now all of you discussing my comment as a FACT of Brian's case, is not a FACT. Brian's not making excuses here. HE WANTS THE GODDAMN TRUTH. All the Government has done has lied to him, his family, and the Court. Brian has proof of some of the entire lies. They were out for blood because he ran USWGO Alternative News, met Alex Jones and Stewart Rhodes, and then of course after Brian was raided then Stewart Rhodes was being framed with sending child porn via email if what I had heard was right from StormCloudsGathering.

Dan Johnson was involved with Brian D. Hill, Alex Jones was involved with Brian. The threatening email said Brian has been framed with child porn, his friends Alex Jones, Dan meaning Dan Johnson, and others are next. Infowars has distanced themselves from Brian but he will force them all to testify under Federal Court order. I have read the subpoenas and one of them has personal addresses of one of the Infowars staff and even Aaron Dykes. Brian is serious here and he is fighting to have witnesses testify and get his computer forensically examined by Kevin Wetzel a former FBI Agent.

This is serious here. Brian isn't making excuses and he isn't talking about suicide over nothing. He has valid claims, and over 300-400 pages of evidence in his federal lawsuit. He has gone beyond the burden of proof.

Is Brian innocent? I cannot confirm that for absolute FACT. He needs to be allowed to prove his innocence without further blockades.
I am sorry if I made some rude comments in my last post. I have a right to vigorously defend him for trying to prove his innocence, otherwise I may be the next child porn set up victim because I pissed off a politician. I am sick and tired of the stigma surrounding all of this. People need to stop treating people accused of such as guilty worse than murderers. So I guess Brian would have been better off if he were framed with terrorism or mass murder false flag operation. I guess I Brian would have been treated better if he had beaten a cop and was charged for that. Maybe Brian would have been treated better if he was framed with shoplifting or something.

People need to not treat him was guilty before they look at all of the evidence. If the evidence is fake, no victims, no children, somebody made everything up and lied. Some police lie all of the time to resolve their cases quickly just as George Carlin once said. There are good police but again the double standard and the "oh he's guilty! They said it was on his computer. It doesn't matter who put it there or if it was ever of children. That is guilty, burn him at at the stake and beat him up until he wants to die." Brian is not a pedophile and was never given that diagnosis before sentencing. There is a major conflict of evidence here and contradictions all the way throughout the Federal prosecution's case.

They framed Donald Trump to look like a pedophile.
edit on 16-11-2017 by StanleyBolten because: none

edit on 16-11-2017 by StanleyBolten because: none



posted on Nov, 16 2017 @ 12:47 AM
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originally posted by: TrueBrit
a reply to: StanleyBolten

You have provided an awful lot of information, but not any narrative explanation of what happened, who this person is, what he stood accused of in specific terms, or indeed why you believe him to be innocent of the crime of which he stands accused.



It is simple.

Brian D. Hill, formerly of USWGO Alternative News.

These news articles on Infowars show who he is and the things he was working on.

archive.org...

www.infowars.com... - USWGO Alt News Brian D. Hill was the source of releasing the DHS FOIA documents 4 days before being raided by Mayodan Police.

www.infowars.com... - "In FOIA documents sent to Examiner.com on August 17, 2012 by Brian Hill of USWGO.com, it was revealed that Jones is also under surveillance by the Department of Homeland Security for, among other things, his “V for Victory Campaign” in response to Janet Napolitano’s “See Something, Say Something Campaign.”" 2 days before he was raided on contradictory child porn allegations

www.infowars.com... - NC Sen. Phil Berger & Rep. Bert Jones still haven’t responded to Nullify-NDAA Petition » Alex Jones' Infowars: There's a war on for your mind!

www.infowars.com... - 2010 article

www.infowars.com... - 2011 article

www.infowars.com... - 2012 article

www.infowars.com... - 2010 article

He spoke before the town of Mayodan council on multiple occasions against the National Defense Authorization Act pro torture law, and against Agenda 21.

Then he was accused of possessing child pornography. Some of the very people that showed up were somehow involved with Brian in his political stuff, and of course the good ole boy connections.

It is a lot to explain in this one thread of how many different factors and elements Brian has set up on his claim of factual innocence. You will all have to read the Exhibits and his FOIA lawsuit before coming to any solid conclusions.
edit on 16-11-2017 by StanleyBolten because: none



posted on Nov, 16 2017 @ 02:27 AM
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a reply to: ArMaP

Yeah, the language in that is a complete hairball and should never have passed. Particularly section B, "a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct". There are so many angles I could take to rip that apart, it's not even funny. And I'm not even a lawyer.
edit on th02am16America/Chicago462017Thursdayf by ShadeWolf because: (no reason given)



posted on Nov, 16 2017 @ 02:29 PM
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originally posted by: StanleyBolten
How about all of you read the entire filing before coming to conclusions that have absolutely NOTHING to do with his claims.

How about you make a thread as it should be, by providing enough information about the case, so people know what you're talking about?

And, as far as I understand it, I was commenting something you wrote, as it wasn't in quotes, so if that has absolutely nothing to do with his claims then that's your fault.


What you are all arguing is NOT a goddamn excuse. He was stating that Detective Bridge stated the child porn was known to him and had downloaded to Brian's Laptop. Those files were never confirmed to being on Brian's computer.

I was not talking about that, I was talking about the National Center for Missing and Exploited Children not confirming any victims.


Two THREATENING EMAILS from tormail.org, again look at Luke Rudkowski and Stewart Rhodes, said child porn was planted on his computer and hard drives, that he will be framed and they know some people in the SBI.

Anyone can send an email from tormail, it means nothing.


You all need to read the entire case files before coming the to your own conclusions. Read all of the Exhibits before making such comment responses that sound ignorant.

I don't need to read the entire case files to comment on something you wrote, I just need to read what you wrote. If what you wrote is wrong don't blame the reader, blame yourself.


DO I need to write hundreds of pages of text on here before any of your own conclusions sound valid?

Nobody posted any conclusions.


The Prosecutor has to prove that child porn did download to the suspect's computer, and that such images were of actual child pornography.

I suppose you mean the Prosecutor has to prove that child porn was downloaded from the suspect's computer.


None of you have ever been victims of somebody sending child porn to your email so none of your opinions count.

How do you know if any of us was ever victim of somebody sending child porn to our emails? And someone sending an email with child porn is not the same as someone downloading or producing it, if anyone receives an email with child porn they just have to tell the authorities about it, so they can stop it, or, if they do not want to, delete the email.


I'm sorry for being mean but Brian doesn't need further attacks on his credibility.

What he needs is irrelevant. If he made that comment about the National Center for Missing and Exploited Children then, to me, his credibility was damaged (by himself). If you were the one making the comment then you were the one damaging his credibility.


He has a right to prove his innocence and people need to stop treating him like he is guilty until he commits suicide like he has threatened to do for years. People need to stop making him feel suicidal by calling him a pedophile or just treat him like he is guilty. When it comes to murder charges, people are more reasonable but the stigmatization of people accused of such crimes is way different standards of treatment, whether they are guilty or not.

And you need to stop seeing things that do not exist.
Nobody here is treating him as if he is guilty of any thing. Nobody here is calling him a paedophile, and, to me, being accused of possessing child porn has the same weight as being accused of murder or jaywalking, as anyone can be accused of any thing.


Yeah Brian's claim that no victims were identified IS VALID, because he has caught the Government lying multiple times, they had a weak case all along, they never intended to prove him guilty of anything.

It's not, as no victims need to be identified, if he thinks that then he doesn't know the law. Didn't you read what I posted?




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