analysis

If there is a clown car in the federal District Court for Eastern Pennslyvania tomorrow, don’t bet no clowns will come out.

Whether they like it or not, U.S. Attorneys find themselves opposing Dallas attorney Steve Lafuente’s request that he be allowed to withdraw from the defense of Amos Miller and Miller’s Organic Farm.

The reason is the government has not seen a real attorney appear to take up Miller’s case. “To the extent that Mr. Miller’s off-pleaded ignorance is genuine, Mr. Lafuento has a history of guiding Mr. Miller away from frivolous, sovereign citizen-type arguments, and he serves a meaningful purpose here in continuing to do so.”

It was LaFuente who persuaded federalJudge Edward G. Smith to hold off on the $250,000 fine he imposed on Miller for being in contempt of court. He did this by documenting the compliance steps Miller had taken. to bring his operation into line with food safety law.

The government wants Smith to reconsider further contempt orders on Friday.

Miller’s choice to next represent him is “Prairie Star National” out of Port Orchard, WA. In filings with the federal court for the Eastern District of Pennsylvania, Prairie Star announces its new client, as “Amos Blank Miller, flesh and blood, a living man, does proclaim by thus Declaration that any prior.”

And that’s just where the clown cars begin. Prairie Star claims the state of Washington has “ceased to exist, “and its local governments are “null and void.” The United States fares no better, the group says, because it is a “franchise of a Bankrupt and out of business.”

“Amos Miller was named as a ‘Defendant’ and is a DEBTOR. As we have stated, it is NOT Amos Blank Miller, the living man. The United States of America’s on behalf of the Agency, the Department of Agriculture was named Plaintiff.”

In essence, Prairie Star’s “Lawful Advocate” claims the U.S. Department of Agriculture is really “bankrupt and out of business” because the federal government has financially gone underwater.

Prairie Star also claims that the Department of Justice can only proceed if federal attorneys “list a TRUE secured party creditor” in the matter on behalf of the USDA. That is because USDA is a “DEBTOR as in a derivative of the United States of America, also a DEBTOR IN bankruptcy.”

The documents Prairie Star has filed with the court are signed by Keith Allan, without identifying him as an attorney.

Miller began his latest move to change out his legal representation around Oct. 1. Prior to that, Lafuente was making progress on behalf of his client.

Miller was, at the end of August, facing a payment due date for a $250,000 fine for contempt of court. Lafuente got the judge to put the deadline on hold by documenting Miller’s progress to date, including:

  • On or before July 22, Miller ceased the slaughter and delivery of amenable animals.
  • On or before July 22, Miller ceased all amenable meat and poultry-related retail-exempt operations pending compliance with federal and state requirements of the Contempt Order.
  • On Aug. 4, Miller supplied USDA’s Food Safety and Inspection Service (FSIS) with the name of their proposed qualified, third independent party to conduct the inventory required by the Contempt Order.
  • On Aug. 5, information was posted on the Miller’s Organic Farm website as required by the Contempt Order.
  • On Aug. 18, Miller reimbursed FSIS for its enforcement costs as required by the Contempt Order, and FSIS confirmed receipt of $14,436.26, which was the amount owed.

Miller swears that all court-required actions are now taken, except for paying the $250,000 fine.

(To sign up for a free subscription to Food Safety News, click here.)