Lost to the memory of most, Elizabeth Duke was indicted on May 11, 1988, along with six other individuals for acts of violence against the United States, including the bombing of the United States Capitol on November 7, 1983. A fuller description of the Indictment is contained in the United States Attorney's 1988 Press Release regarding the Indictment. If you want to put Elizabeth Duke's Indictment in historical context, I suggest The Evolution of a Modern Domestic Terrorist Group by James E. Wilson. After her arrest in 1985 in Pennsylvania, Elizabeth Duke was released on $300,000 bail over the strenuous objections of the United States Attorney. She subsequently failed to re-appear as ordered and a fugitive bench warrant was issued for her arrest.
On June 2, 1988, Judge Harold H. Greene of the D.C. District Court issued a fugitive bench warrant for Elizabeth Duke when she again failed to appear in Court. To date, twenty-five (25) years later, Elizabeth Duke has not been captured pursuant to that warrant of arrest and she is still listed on the F.B.I.’s most wanted list.
Why then three years ago on June 17, 2009, did an Assistant United States Attorney make an oral motion to dismiss the Indictment and quash the arrest warrant for the fugitive, domestic terrorist, United-States-Capitol-bombing Elizabeth Duke? And why did Magistrate Judge Deborah A. Robinson grant the government's Oral Motion and enter an Order Dismissing the Indictment? Curiously, neither the Oral Motion nor the Order dismissing the Indictment gives any reason for this extraordinary action of dismissing an indictment against a dangerous felony fugitive.
Upon learning earlier this Spring of this shortly-after-his-being-sworn-in-as President behavior by Obama’s Department of Justice, I spent two months fighting Magistrate Judge Robinson to get the transcript of the June 17, 2009, hearing before her. When I finally forced Magistrate Judge Robinson to release the transcript, I discovered that neither the law nor the facts granted Magistrate Judge Robinson the authority to dismiss the indictment against Elizabeth Duke. Accordingly, I have now made my Third Verified Motion for Reconsideration of Order Dismissing Indictment and Motion to Intervene or to Appear as Amicus Curiae. In sum, as the Department of Justice sought to dismiss this Indictment, I don’t believe they can be trusted to investigate why they sought that dismissal. Hence, in the Motion I ask that the Court stop acting like a department of the Executive Branch and appoint me as a private attorney general to investigate that question. Here is the letter I have written to the Chief Judge of the U.S. District Court for Washington, D.C. regarding that request.
But there is more, much more. As of right now, a few more pieces of the picture have to come together before I make my case publicly that something much greater was involved in this case than immediately meets the eye. Then I will let you judge whether the dismissal of the Indictment against Elizabeth Duke matters to this Republic or not.