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{{Short description|American political activist}} | ||
{{about|the American activist|other similarly named people|James Gilchrist (disambiguation)}} | |||
{{Infobox Person | |||
{{Use mdy dates|date=July 2013}} | |||
|name = Jim Gilchrist | | |||
|image = | | |||
{{Infobox person | |||
|caption = Gilchrist at Minutemen rally, 2006| | |||
| name = Jim Gilchrist | |||
|birth_date = {{Birth date and age|1949|1|13}} | | |||
| image = | |||
|birth_place = ], ] <br/> ]| | |||
| caption = | |||
|occupation = ], ] | | |||
| birth_name = James Walter Gilchrist Jr. | |||
|party = ] | |||
| birth_date = | |||
| birth_place = {{nowrap|], U.S.<ref>{{cite web|url=http://www.boston.com/news/local/articles/2006/12/14/minuteman_project_founder_finds_inspiration_in_concord/|title=''Minuteman Project founder finds inspiration in Concord''|work=]|date=December 14, 2006}}</ref>}} | |||
| occupation = ] | |||
| nationality = American | |||
| party = ] | |||
| otherparty = ] (]) | |||
}} | }} | ||
'''James |
'''James Walter Gilchrist Jr.''' is an American political activist and the co-founder and president of ], an activist group whose aim is to prevent ] across the southern border of the United States. | ||
==Early life== | ==Early life== | ||
Gilchrist holds a ] in newspaper journalism from the ], a ] in business administration from ], and an ] in taxation from ]. He is a former newspaper reporter and a retired California CPA (Certified Public Accountant). | |||
Gilchrist |
Gilchrist served in the ] and received a ] medal while in the infantry during the ], 1968 - 1969.<ref>Associated Press. , ''NBC News website'', 21 February 2005. Accessed 15 December 2018</ref> | ||
==Minuteman Project== | |||
He currently resides in ]. | |||
Gilchrist and ] are widely recognized as the founders of the ]. They founded the organization on October 1, 2004.<ref name="About Jim Gilchrist">{{Cite web|url=http://www.minutemanproject.com/organization/about_us.asp |title=About Jim Gilchrist |access-date=May 7, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100513022141/http://www.minutemanproject.com/organization/about_us.asp |archive-date=May 13, 2010 }}</ref> The two staged a month-long border watch project in April 2005, and that event catapulted the Minuteman movement into the national spotlight.<ref>, Tuesday, April 19, 2005, Interview Archive, a partial transcript from "Hannity & Colmes," April 18, 2005, that has been edited for clarity.</ref> Gilchrist chose to locate the project in Arizona because there was a disproportionately large number of undocumented immigrants crossing the border in that state.<ref>{{Cite book | last = Chavez | first = Leo | title = The Latino Threat | publisher = Stanford University Press | year = 2008 | location = Stanford, California | pages = 134 }}</ref> | |||
In order to grow the organization and movement, Gilchrist invited others to join him. He formed a board to advise him and that board included Gilchrist (himself), his wife Sandy; Stephen Eichler the Executive Director; Tim Bueler in charge of media; Barbara Coe founder of the California Coalition on Immigration Reform (CCIR); Marvin Stewart for community relations; and Deborah Courtney as national political director. Following a successful year, in December the group started planning for 2007. | |||
=== Insistence of More Formal Meetings December 2006 === | |||
In December of 2006, some of the members of this board started insisting on more formal monthly meetings in addition to a pledge of allegiance and an invocation, such additional formalities as the recording of minutes, review of meeting minutes, conducting old business before new business, then new business, votes, recording of votes, and even calling for the use of Robert's Rules of Order. | |||
Although there was no Secretary and no one in particular was charged with taking minutes of the meetings, in or about December 2006 Deborah Courtney started of her own volition taking minutes. Other times, she was formally elected to take the minutes for that particular meeting only. At others, tape recordings were made and no official recorder of minutes was designated; yet, Courtney reduced the meetings to writing. Although her minute taking was '''extremely''' subjective - she did not report motions, seconds or votes, and while subjective, they are the only record of some of the meetings. This is important, as you will see, because later they subsequently falsified minutes of their board meetings and they have been caught in the act when in preparation for trial they produced two sets of minutes for the same meeting. | |||
Marvin Stewart perceiving himself to be schooled in the use of Robert's rules and parliamentary procedures began exerting more influence over the conduct of the meetings. Stewart saw himself as the parliamentarian and arbiter of procedures. Many motions made were summarily denied, motions and seconds were not opened for discussion and were summarily dismissed and some procedural rulings for lack of a better word were out right mistatements of protocol and procedure. And Marvin Stewart wasn't the presiding officer of the meetings! | |||
=== Allegations of Misconduct === | |||
It is now apparent that Marvin Stewart and Deborah Courtney were bound and determined to get their hands on what they perceived to be the seemingly unlimited funds of Minuteman Project. They lied, attempted to use procedure and made unfounded accusations of mismangement in their attempt to sieze control of the organization. In the December meetings Stewart and Courtney began interpreting Delaware law and insisting that their board was in control of the organization. | |||
=== Articles of Incorporation === | |||
As the articles said the corporation was to be managed by a Board of Directors, they simply chose to ignore the fact that Jim Gilchrist was in those same articles the sole board member and that he alone constituted the Board of Directors. Instead, Stewart, Courtney and Coe insisted that everyone reported to their board, they insisted the officers of the corporation were restricted in their powers to only do what the board specifically voted and authorized them to do and furthermore that their mandate that all decisions were required to have come before the board applied retroactively. Gilchrist in frustration at one point in time pointed out that they would need to have a board meeting every day if this were the case. | |||
=== Misunderstanding of Delaware Law === | |||
Stewart, Courtney and Coe falsely claimed Delaware law didn't allow for a sole director. Delaware law does. They incorrectly asserted that all board members were officers and officers were, likewise, members of the board. Directors and officers are different - one does not make them the other. They insisted Gilchrist had no authority outside specific votes of the board - as such no agreements, expenditures or decisions could be made without their approval. Officers and Directors have different roles - Officers are charged with running the day to day operations; Directors are charged with setting direction, policy and budgets (general direction of the organization and adherance to the organization's mission statement). Furthermore, They asserted all previous actions of MMP, Inc. were invalid. That's incorrect too. | |||
=== Meetings Held To Air Grievances And To Resolve Conflict === | |||
In December of 2006 and January of 2007, the seven board members met to discuss various things that were of supposed concern to Stewart, Coe and Courtney. Actually the next four meetings (December 22, 2006, December 29, 2006, January 12, 2007 and January 19, 2007) were lengthy discussions of the previous actions of the officers of the corporation. Coe, Stewart and Courtney would term this an investigation. Although Paul Sielski, Courtney's boyfriend, was never charged with responsibility of conducting an investigation by the board, the fact that he lacked both qualification and objectivity, and his investigation amounted to little more than internet searches, accusations and inuendo - Sielski was allowed to participate in board meetings, present his allegations as though the were facts, and when the allegations were disproven had his girlfriend make new unsubstantiated claims. Suffice it to say the investigation was a farce. | |||
In those series of meetings Gilchrist and Eichler took all the time necessary to answer Coe, Stewart and Courtney's questions. Each question was answered in pain-staking detail. Board members were told whom to contact to verify the information. Jim Gilchrist co-operated completely, and so did Stephen Eichler. They withheld nothing and the charges of impropriety were easily explained. The officers of the corporation, acting in their capacities, had made decisions, including strategic alliances, contracts and agreements to further the causes of the organization. For example, the support of Wake Up America radio program or purchase of website domain names such as www.wakeupamericausa.com, www.minutemanradionetwork.com, etc. Stewart and Courtney had their sights on the finances of the organization and saw every expenditure as diminishing the available funds for them. | |||
=== Should MMP Have A Seven Member Governing Board? === | |||
At those same December 2006/January 2007 meetings previously mentioned there were lengthy discussions about whether the organization should be changed from a sole director to this seven member board of directors (as a governing board of directors). | |||
The majority of the board (J. Gilchrist, S. Gilchrist, Tim Bueler and Stephen Eichler) were opposed to the change and wanted the articles of incorporation to remain the same with Jim Gilchrist as sole director and in complete control of the organization. The minority (Stewart, Coe, and Courtney) were in favor of their board taking control. | |||
Note: As sole director according to the both the articles of incorporation and the amended certificate of incorporation, only Jim Gilchrist's vote counted - the seven member board had no authority to change the structure of the organization. | |||
=== January 19, 2009 Gilchrist Affirmed Sole Director by Board === | |||
The January 19, 2007 board vote was 4 - 3 to vest full authority in Jim Gilchrist, recognize and affirm that Jim Gilchrist was The sole director of the Corporation. At that time, they also voted that Gilchrist would hold all four offices of the corporation - President, Vice-President, Treasurer and Secretary. Gilchrist voted with the majority and his vote alone affirmed his position as sole-director and holder of all four offices of the Corporation. | |||
Since June of 2005, MMP was always headed by a single director - Jim Gilchrist. By the vote of both Gilchrist and their board, Jim Gilchrist was, is and would be the sole director of the corporation (he alone constituting the governing board of directors). All prior decisions, approved by Gilchrist, were actions of the Board of Directors for MMP and as all the decisions their board questioned had been approved by Gilchrist, there was no misconduct or wrong-doing on either his or Steven Eichler's part. | |||
=== Hostile Takeover Attempt === | |||
Following the ratification of Gilchrist's leadership, the next meeting of the advisory board was set for January 26, 2007. When Jim Gilchrist realized that he had a scheduling conflict for that date, he sent an e-mail changing the meeting to the following Monday, January 29, 2007. | |||
Marvin Stewart replied that because the Board set the meeting only the Board can change it and proceeded to meet that Friday, January 26, 2007. Given the actions of the January 19, 2007 meeting, affirming Jim Gilchrist as the sole director and Board of Directors; the assertion that "the Board" set the meeting and only "the Board" can change the meeting, anyone can see the absurdity of his argument. | |||
=== January 26, 2007 Rogue Board Members Meet === | |||
The dissenting minority of the advisory board insisted on meeting, but they did not have access to the MMP office, so they moved their meeting and the three board members and two guests met at a nearby restaurant. At that January 26, 2007 meeting, the three claim that they voted Eichler, Bueler and Gilchrist off the board. The three conspirators asserted as the only remaining members that they were effective that same date the Directors of MMP, Inc. and as such they were in charge and in control of the organization. | |||
=== Minuteman Project Founder Fires Stewart and Courtney === | |||
At the January 29, 2007 board meeting Jim Gilchrist had scheduled, the three met with Jim Gilchrist and informed him that they were now the Board of Directors. There were no minutes of their previous meetings (January 19 attended by the entire board, 26 and 27 attended only by the three conspirators). They claimed technical difficulties prevented them from completing the minutes in time for the meeting and instead they would give a brief summary of the meetings. | |||
They explained that their board had met and removed Eichler, Bueler and, Gilchrist. His termination was effective the date of their actions January 26, 2007. Jim Gilchrist responded "You are all fired! You are fired!" to which they said "no, you're fired." | |||
As Gilchrist had been MMP's sole director, affirmed only a week earlier as MMP's sole director, Gilchrist clearly had the authority to fire them. Effective January 29, 2007 Coe, Courtney and Stewart were terminated and no longer had any association with Minuteman Project, Inc. | |||
=== February 2, 2007 Board Majority Affirms Stewart and Courtney Firings === | |||
Minuteman Project's corporate counsel advised all the meeting of January 26 2007 was not valid as it did not have a quorum (a majority of the board). In the event that the seven member board might in some stretch of the imagination be construed as a governing board of directors, MMP corporate counsel Jack Robbins noticed another meeting for February 2, 2007 and informed all seven board members that the subject of the meeting was the removal of Coe, Courtney and Stewart. | |||
At the duly noticed meeting of February 2, 2007 the same board met, a majority of the entire board was present, a quorum, and actions were taken. Stewart, Courtney and Coe were present. At that meeting Coe, concerned about legalities, resigned her position on the board and the other two were removed by majority vote. | |||
Although Stewart and Courtney were present, MMP's corporate counsel sent follow up e-mails to the dissenting board members Letting them know that they had been terminated from the organization and advising them that they could no longer claim to be members of Minuteman Project, use the assets of Minuteman Project and the like. | |||
=== Stewart and Courtney Defiant === | |||
The same day, February 2, 2007 at the same location, the Coe-Courtney-Stewart dissenters (now three former board members) met and allegedly elected Stewart President and Deborah Courtney Peterson Treasurer of Minuteman Project, Inc. They refused to acknowledge their firings, first by Gilchrist and then by Gilchrist and the majority of their board. | |||
=== Stewart, Courtney and Coe Create False Documents === | |||
The disgruntled minority at their meeting passed a resolution dated December 29, 2009 (backdated) alleging that their board had removed check-writing authority for Jim and Sandy Gilchrist and that they elected new officers - Stewart and Courtney. | |||
The disgruntled minority board filed an amended certificate of incorporation with the State of Delaware claiming to be in Control. They filed papers with the Secretary of State of Delaware to remove Jim Gilchrist and Stephen Eichler. In their stead, their false papers declared that Marvin Stewart and Deborah Courtney were President and Treasurer, respectively, and that the three of them (Stewart, Courtney and Coe) were now a governing Board of Directors of three for MMP. | |||
==Political views== | |||
=== Falsified Minutes of January 19, 2007 Meeting Too === | |||
The apparent technical difficulty which prevented them from presenting and reviewing minutes at the January 29, 2007 board meeting was that the minutes they prepared showed the action affirming Gilchrist as sole director and holder of all offices of the corporation. They couldn't present that. They subsequently edited the minutes of the January 19, 2007 board meeting and removed the record of the majority vote. Yes, that's right - they prepared two different sets of minutes of the January 19, 2007 board meeting. They had repeatedly presented to the court and opposing counsel the false set of board meeting minutes, but perhaps mistakenly did produce to the court and opposing counsel the unaltered set of board meeting minutes showing Gilchrist's success in getting the board to affirm his control of the organization. | |||
=== Stewart and Courtney steal MMP funds === | |||
The Stewart-Coe-Courtney conspiracy presented these false documents to the Washington Mutual Bank and withdrew $4,000 from the MMP, Inc. account. That illegal withdrawal of funds caused MMP, Inc.'s account to be over-drawn and resulted in bounced checks. Marvin Stewart filed additional false papers with the bank, alleging that payments made to vendors were with checks that had been stolen and payment on those checks were stopped. | |||
== Minuteman Project Sues Stewart, Courtney and Coe == | |||
when he became aware of their theft of MMP Funds and their attempted hostile takeover Minuteman founder Jim Gilchrist filed a lawsuit in Orange County, California, against them. Stewart, Courtney and Coe insisted they fired Jim Gilchrist. They gave a variety of reasons including fraud, mismanagement, and falsifying documents.<ref name="Delson1">{{cite news |url= http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=179886 |title= A Minuteman meets his hour of crisis: Jim Gilchrist, co-founder of the anti-illegal immigrant group, battles three board members for the organization's control. |author= Jennifer Delson |format= ] |work= ] |date= ] ] |quote= </ref> | |||
An official with the Delaware Secretary of State's office said no one but Gilchrist could ] make those changes. Furthermore, using their false documents Stewart-Courtney-Coe attempted to take control of the organization's bank account, web sites, fundraising and associated internet mechanisms (pay pal, plugnplay, e-online, authorize.net, webassist and other clearing houses). | |||
They wrote letters, changed user names and passwords, changed account information and took other actions to steal MMP's money and/or to divert MMP funds to accounts under their control. Gilchrist's position is that they lacked authority to vote him out and their subsequent actions were illegal and likely criminal. | |||
Attorneys for Gilchrist filed a motion for a preliminary injunction against Stewart, Courtney and Coe. | |||
=== Minuteman Project Wins Preliminary Injunction === | |||
Judge Randell Wilkinson in Orange County Superior Court ruled in March 2007 and granted the injunction in part. An order was issued preventing the board members from using Minuteman Project stationary that had been printed for fund raising with Jim Gilchrist signature on it and from collecting, soliciting, diverting and/or spending any of the Minuteman Project Funds. This decision maintained the status quo and left Jim Gilchrist in charge of the Minuteman Project. | |||
Gilchrist is in control of the name of the "Minuteman Project, Inc." today. As is customary, Jim Gilchrist as plaintiff was ordered to post a $15,000 bond to continue his efforts to regain control, and a final ruling was not yet made.<ref name="Delson2">{{cite news |url= http://www.latimes.com/news/printedition/california/la-me-gilchrist24mar24,1,7366862.story?coll=la-headlines-pe-california&ctrack=1&cset=true |title= Both sides claim a win in Minuteman suit |author= Jennifer Delson |format= ] |work= |date= ] ] |quote= Minuteman Project co-founder Jim Gilchrist and his opponents within the anti-illegal-immigration group both claimed victory Friday after an Orange County Superior Court judge put Gilchrist back in charge.**}}</ref> | |||
=== Minuteman Project Dismisses Lawsuit === | |||
Having achieved what was wanted from the lawsuit, achieving control and preventing the rogue board members from collecting and/or spending Minuteman funds, Gilchrist's attorneys dismissed the case filed against the three individuals. Gilchrist sent a press release announcing the dismissal of his lawsuit and offered hope that the minority board members would go their way and he would go his. Gilchrist further sought to avoid spending countless hours and donor dollars in the courtroom. He yearned to put his time, energy and attention to staving off legislation that amounted to amnesty for illegal immigrants. | |||
=== Motion Denied to Reinstate MMP v. Stewart, Courtney and Coe === | |||
An interesting part of the legal wrangling was when, in June, the attorney for the three individuals (Richard Gilbert) argued that they didn't want the case against themselves dismissed. They instead asked the court to appoint a trustee or receiver. Judge Wilkinson ruled "The moving party has shown no evidence of damages as a result of the issuance of the preliminary injunction." Furthermore, the court said "Defendant Stewart, Peterson and Coe's joinder in the previous two motions is denied for two reasons: The motions themselves are denied, and the joinders were very untimely served less than a week ago by mail. Defendant Stewart, Peterson and Coe's motion to send plaintiff Minuteman into receivership is denied." He added " . . . there is no reason or lawful justification to send Minuteman into receivership at this time." | |||
== Defamation Suits Stricken == | |||
Both the Gilchrist and Eichler defamation lawsuits were stricken by the court. Stewart and Courtney's new Attorney Daniel F. Lula's "Special Motion to Strike" the Strategic Lawsuits Against Public Participation (SLAPP), as per the California Anti-SLAP legislation and both Gilchrist<ref name="ImmigrationWatchdog2">{{cite news |url= http://www.immigrationwatchdog.com/?p=7050 |title=Jim Gilchrist Loses In Court, Must Pay Defendants Attorney Fees |author= The Watchdog |format= ] |work= |date= ] ] |quote= Defamation Suit Against Deborah Courtney, Marvin Stewart and Paul Sielski Stricken”**}}</ref> and his associate Eichler<ref name="ImmigrationWatchdog1">{{cite news |url= http://www.immigrationwatchdog.com/?p=7021 |title= Judge Rules Against Stephen Eichler, Defamation Lawsuits Thrown Out |author= The Watchdog |format= ] |work= |date= ] ] |quote= Defamation Suit Filed by Steven Eichler Against Deborah Courtney and Paul Sielski Stricken”**}}</ref> are subject to paying legal fees and costs of the defendants. | |||
Former MMP, Inc. Board Member Barbara Coe, leader of California Coalition For Immigration Reform (CCIR.net) was awarded attorney fees and costs of approximately $9,000.00. Since that time, Coe, Jim Gilchrist and Jim Gilchrist's Minuteman Project, Inc. have reached a settlement and Coe is no longer party to the action. | |||
In the course of these lawsuits, Stewart, Courtney and Sielski have been fined and sanctioned a similar amount of money - nearly $14,000 in the JGMMP case and $4,000 in their individual cases - for what might be termed misconduct, abuse of process and late filings - the most notable being a $3,500 fine against Sielski for failure to answer questions at a court ordered deposition. As you can see the fines issued to date nearly offset earlier fines issued against Gilchrist in the defamation suits. | |||
Notable too was the court order issued in response to an outburst from Sielski - Judge Wilkinson issued an order to all parties to tone down the vulgar, vexing, accusatory language. He said that he was in favor of strong advocacy, but essentially told the parties to dial it down a notch. | |||
== Jim Gilchrist's Minuteman Project v. Stewart, Courtney and Sielski == | |||
Courtney, Stewart and Coe then filed a lawsuit as Minuteman Project, Inc. and as individuals suing Jim Gilchrist for fraud. In order to protect Minuteman Project from the three and to prevent any confusion in the future Gilchrist formed a new non-profit 501(c)4 corporation in Delaware named Jim Gilchrist's Minuteman Project, Inc (JGMMP) on April 20, 2007. The new organization purchased at fair market value the assets from MMP, Inc. | |||
Unfortunately, Courtney, Stewart and Sielski have since then continued to harass business associates of JGMMP, Inc. and interfered with business relationships of JGMMP. Therefore, JGMMP sued the individuals again - this time for tortious interference. | |||
=== MMP Lawsuits and Related === | |||
At this point in time there are really two trials - one where Courtney, and Stewart are suing Jim Gilchrist and Jim Gilchrist's Minuteman Project and the other trial where Jim Gilchrist's Minuteman is suing Courtney, Stewart and Sielski. Courtney and Stewart are representing themselves and there are two lawyers - one representing Jim Gilchrist, defendant, as an individual and the other representing Jim Gilchrist's Minuteman Project, Inc. defendants in one case and plantiff in the other (JGMMP v. Stewart et al). | |||
=== Court Dismisses MMP from the Case === | |||
Stewart and Courtney were fired by Daniel Lula as clients and Lula withdrew from the case. Stewart and Courtney were unable to find an attorney to represent them as Minuteman Project, Inc. against Jim Gilchrist (as an individual) and/or his JGMMP, Inc. Therefore, the charges they filed as Minuteman Project, Inc. against Gilchrist and JGMMP were dismissed. Only their individual lawsuits remain. | |||
== Stewart and Courtney vs Gilchrist, Eichler as individuals == | |||
Their individual lawsuits are against Jim Gilchrist and Stephen Eichler personally, not MMP. Stewart, Coe and Courtney couldn't get an attorney to represent them as Minuteman Project in the case. Each attorney to date has withdrawn from their case. They cannot find an attorney. | |||
=== For want of Large Salaries and Perks === | |||
In their action against Gilchrist, their claim is that Gilchrist and Eichler falsely induced them to join the organization. Courtney states that she was a full-time employee of minuteman and was promised a salary and consulting fees in excess of $ 100k. Stewart states that he was promised a six figure salary of $ 150k annually after he retired. Both Courtney and Stewart now say that they would never have joined Minuteman Project and/or volunteered their time to MMP had they not believed that they were going to be paid these large sums. ''Courtney and Stewart now say they were only in MMP for the money''. | |||
=== Gilchrist insists MMP is a Volunteer Organization === | |||
Jim Gilchrist, President and Founder of MMP, denies promising anyone a salary and further states that he never even thought of paying anyone associated with Minuteman Project any such salaries. | |||
Jim Gilchrist has donated countless hours of his time and he has never taken a salary against the organization. He said MMP is a volunteer organization and he never even contemplated having paid staff. It was always his belief that these individuals had employment elsewhere and that they volunteered their time. | |||
Both Courtney and Stewart had previously claimed to have been volunteers. In fact, they took exception to others who were paid for work on behalf of the organization, implying they too should have volunteered their time. At times, they have said they were volunteers as board members, but apparently not in their staff positions (national political director or director of community relations position). It's not clear if their time on the border was to, in their minds, be paid or not. | |||
Perhaps it was naive but he always thought that they loved our Country and were interested in the issues of illegal immigration. It is disappointing to learn that Courtney and Stewart were only interested in the money and when large salaries and expense accounts weren't likely under Gilchrist, they sought to take control of the organization and remove him. | |||
== Latest Legal Developments == | |||
Trials delayed. The trials scheduled for August 2009, have been rescheduled for January 4, 2010. The delay was granted in part to Paul Sielski's claims of poor health and in part in order to allow for the parties to file motions for summary adjudication. Judge Randell Wilkinson, Orange County Superior Court, C25, said that the more he thought about the case, he felt that much of the dispute could be resolved as a matter of summary judgement. The judge said that to the extent he had dismissed previous motions for summary judgement with prejudice, he reversed that decision and would allow parties to re-submit their previous motions or submit new motions. He also invited those parties that had not submitted summary judgement motions to do so. | |||
As the trial came near, it was quite apparent that Stewart, Courtney and Coe were not ready for trial. They employed various delay tactics including refusing to attend the original mandatory issues conference where standard document exchange and such formalities as joint statement of the case, joint witness lists, stipulations of facts and the like are agreed upon. The day of the scheduled issues conference Stewart, Courtney and Sielski went to Jim Gilchrist's gated community and tried to create a scene. The judge subsequently ordered another issues conference to be held and at that conference the documentation production took hours as Stewart, Courtney and Sielski didn't have copies available for opposing counsel. Furthermore, some of the parties refused to sign any of the pre-requisite joint documents. | |||
The judge then ordered a third issues conference and two of three - Stewart and Courtney, participated. Mr. Sielski did not. The judge from the bench suggested Mr. Sielski reconsider and gave him a stern warning that involved Sanctions. | |||
Each court date Gilchrist's attorney, Catherine Lukehart, and Jim Gilchrist's Minuteman Project's attorney, Guy Mailly, came to court prepared for trial. Each time they reported to the court on time. When the court ordered an issues conference, the attorneys appeared on time, ready and prepared to complete the work of the court. The other side was clearly not prepared for court and was actively lobbying for a delay in the trial. Sielski appeared alert and defiant in court, prepared to argue with the judge at every turn and then, would feign that he was heavily drugged and unable to proceed. The judge saw through that and even commented that Sielski appeared to be in health. | |||
Courtney and Sielski appeared several times late, another time Stewart appeared late (not just five or ten minutes, but an hour and a half in one case, two hours in another and yet another lateness of thirty minutes. When they appeared at the mandatory issues conference they were at times boisterous, unprepared and uncooperative. Behavior that would be normally be termed misconduct by the court and would result in fines. Even the judge seemed tired of the threesomes conduct and informed them, particularly Sielski, that he could order evidentiary, monetary and even terminating sanctions. Terminating sanctions seemed likely for Sielski for his conduct and refusal to participate in the court ordered proceedings. When Sielski launched into one of his diatribes, the judge issued an order prohbibiting him from use of vexing, vulgar, excessively accusatory language in the remainder of the proceedings and in conduct of court ordered business. The order was then applied to everyone. | |||
The judge too noted that the joint witness list was both large in number of witnesses to be called and lengthy in terms of time for each witness. The judge noted that they would spend the rest of the year in court and it was his hope that by resolving most if not all of the issues in summary adjudication, he could spare a jury having to serve for that length of time. | |||
In another hearing, the judge ruled that Mr. Sielski must appear againt at deposition and ordered the deposition to be supervised by a referee as requested by JGMMP's attorney. Mr. Sielski first did not appear at a deposition, at the next deposition (court ordered) Mr. Sielski refused to answer questions. Mr. Sielski was sanctioned the previously mentioned $3,550 costs associated with the deposition. The presence of the referee will allow for Mr. Sielski's objections to be ruled upon and following the referee's ruling, Sielski will be required to answer the questions or face further sanctions and/or discipline by the court. | |||
Just recently Stewart filed a motion to strike, which the court denied. Courtney filed a motion to file an oversized brief (which was granted) and a motion to allow her to file her brief late (which was denied). Looks as though Stewart and Courtney will not be making a motion for summary judgment afterall. Mailly, JGMMP's attorney, and Lukehart, Jim Gilchrist's attorney, of course have in response to the judges invitation filed motions for summary motion or in the alternative motions for summary adjudication. In a separate action, Minuteman Project, Inc. has filed suit against Marvin Stewart and Paul Sielski - Courtney was released from the lawsuit due to her personal bankruptcy - but should she come into any money, she will no doubt be added to the case. Sielski failed to file a response to this lawsuit. | |||
Gilchrist has been very patient and has allowed these cases wind their way through the courts. What choice does he have really? He cannot wait to tell his story and for the public to learn what liars, thieves and con-artists Stewart, Courtney and Sielski are. Coe, unfortunately, is swept up in their conduct and may have to pay for her part. Stewart, Courtney and Sielski have committed criminal acts and when the civil cases is decided, the judge will not be amused by their false documents and their acts of perjury. He is likely to refer their cases to the District Attorney for criminal prosecution. | |||
== Gilchrist's MMP's President and Is In Control == | |||
As of this date, there is no issue as to who is in control of Minuteman Project, Inc. The current lawsuits do not any longer involve Minuteman Project, Inc. but instead are lawsuits between the individuals (Stewart, Courtney, Sielski, Gilchrist, Eichler, Bueler) and Jim Gilchrist's Minuteman Project, Inc. (JGMMP). Notably the IRS has recognized Gilchrist as being in control of Minuteman Project, Inc. and has issued him the 501 (c) 4 non-profit status. Similarly, the US Patent Office has cleared the way for the Minuteman Project name and logo to be registered to Gilchrist's MMP and the post office has extended non-profit postage rates to both MMP and JGMMP, Inc. | |||
It comes as no surprise that Jim Gilchrist remains in control. He founded the organization and his right to continue to lead really was reaffirmed early in this legal battle - when the court found granted a preliminary injunction against Stewart and Courtney in March of 2007 - and again it was reaffirmed when the court denied Powelson, Courtney, Stewart and Coe's subsequent motions in June of 2007. Gilchrist continues to operate Minuteman Project, Inc., he has filed tax returns on behalf of the organization, he has paid for financial audits of the organization. | |||
+ | |||
+ <ref name="Orange County Register, Frank Mickadeit">{{cite news |url= http://www.ocregister.com/articles/gilchrist-coe-lula-2117272-courtney-minuteman |title= Minuteman leader Gilchrist loses another biggie in court (8/7/08) |author= Frank Mickadeit |format= ] |work= |date= ] ] |quote= in the case of Coe, ordering Gilchrist to pay costs and attorney fees.**}}</ | |||
Gilchrist holds conservative views on education, health care, and taxes. He was registered with the ], the California affiliate of the ], but has since re-registered as a Republican,<ref> {{webarchive|url=https://web.archive.org/web/20071011041501/http://jimgilchrist.com/blog/?page_id=3 |date=October 11, 2007 }}</ref> and is an adamant supporter of immigration enforcement, law enforcement, and the military. He announced his endorsement of ] in December 2007.<ref></ref> The personal endorsement of Huckabee by Gilchrist met with strong criticism from other Minutemen and anti-illegal immigration activists.<ref name=autogenerated1>, Marc Ambinder (December 13, 2007)<!-- Bot generated title -->]</ref> | |||
==2005 election bid== | |||
{{Main|California's 48th congressional district special election, 2005}} | |||
Gilchrist unsuccessfully ran as an ] candidate for the ] representing California's 48th Congressional District to replace ] ], who resigned to become Chairman of the ]. | |||
During the ], Gilchrist felt that the building of a wall and mass deportation directly aligned with the Minuteman Project's missions. Gilchrist stated that he felt that his goals were reaffirmed and accomplished upon his observation of such widespread awareness of immigration issues.<ref>{{cite news |last1=Hoffman |first1=Meredith |title=Whatever Happened to Arizona's Minutemen? |url=https://www.vice.com/read/what-happened-to-arizonas-minutemen |access-date=November 20, 2016 |agency=Vice |date=March 22, 2016 |archive-url=https://web.archive.org/web/20161120154228/http://www.vice.com/read/what-happened-to-arizonas-minutemen |archive-date=November 20, 2016 |url-status=live }}</ref> He initially supported ] for president, who openly criticized ]'s policy of amnesty, and he was a consistent opponent against Obama's push for immigration reform.<ref>{{cite news |last1=Larson |first1=Leslie |title=Anti-immigration Minuteman Project leader supports Ted Cruz |url=http://www.businessinsider.com/minuteman-project-leader-supports-ted-cruz-2015-3 |access-date=November 20, 2016 |agency=Business Insider |date=March 25, 2015 |archive-url=https://web.archive.org/web/20161120151827/http://www.businessinsider.com/minuteman-project-leader-supports-ted-cruz-2015-3 |archive-date=November 20, 2016 |url-status=live }}</ref> | |||
In the low-turnout open ] for Cox's seat held on October 4, 2005, Gilchrist finished behind two Republicans but ahead of all other candidates, including Democrats. He received 14.8% of the vote (a total of 13,423 votes). He was the only one running under his party, and therefore automatically advanced into the run-off. | |||
===2005 congressional candidacy=== | |||
Gilchrist lost to Republican state Senator ] in the December 6 general election, receiving 25.5% (26,507) of the vote. Campbell received 44.4% (46,184), ] (Democrat) 27.8% (28,853), Bea Tiritilli (Green) 1.4% (1,430), Bruce Cohen (Libertarian) 0.9% (974). | |||
{{Main|California's 48th congressional district special election, 2005}} | |||
Gilchrist has provided conservative opinions on various issues but emphasized that immigration and the border is the primary issue from which the others flow. | |||
Gilchrist unsuccessfully ran as an ] candidate for the ] representing ] to replace ] ], who resigned to become Chairman of the ]. | |||
In the low-turnout open ] for Cox's seat held on October 4, 2005, Gilchrist finished behind two Republicans but ahead of all other candidates, including Democrats. He received 14.8% of the vote (a total of 13,423 votes). He was the only one running for his party, and therefore automatically advanced into the run-off. | |||
He has stated that he would consider a presidential run in 2008 with the ], should the two major parties offer candidates with no proactive history on the issue of illegal immigration.<ref></ref> He stated "If ] enters the race for president I will definitely run. John McCain should have forfeited his right to run for president on the Republican Party the moment he put his name on immigration legislation with Sen. ]." However, McCain did enter the race, but Gilchrist later withdrew his intention to run, citing concerns about viability in third parties. | |||
Gilchrist lost to Republican state Senator ] in the December 6 general election, receiving 25.5% (26,507) of the vote. Campbell received 44.4% (46,184), ] (Democrat) 27.8% (28,853), Bea Tiritilli (Green) 1.4% (1,430), and Bruce Cohen (Libertarian) 0.9% (974). | |||
==Political views== | |||
Gilchrist holds conservative views on ], ], and taxes. Gilchrist was registered with the ], the California affiliate of the ], but has since re-registered as a Republican,<ref></ref> and is an adamant immigration enforcement, law enforcement and military advocate. Despite all this, he has announced his endorsement of ] in December 2007.<ref></ref> The endorsement of Huckabee by Gilchrist met with strong criticism from other minutemen and anti-illegal immigration activists.<ref name=autogenerated1></ref><ref></ref> It should also be noted that this was a personal, individual endorsement by Gilchrist, not an endorsement by any minuteman organization.<ref name=autogenerated1 /> | |||
== |
==Controversy== | ||
According to a report from the ], Gilchrist willingly allowed members of the ], one of the United States' largest ] organizations, to help with his 2005 House run. Gilchrist has claimed that he refuses to work with ], but the SPLC report questioned his sincerity. The report interviewed a former volunteer in Gilchrist's campaign who said that "they were basically allowing ] and ] to work the phone banks and do ] and distribute National Alliance fliers targeting non-]," and that " that didn't want to work for a campaign that was tainted by white supremacy in any way, they told me not to cause a stir."<ref></ref> Gilchrist has denied allowing racist individuals in the project.<ref></ref> | |||
In a March 2006 interview with the '']'', Gilchrist stopped just short of calling for his followers to ]: "I'm not going to promote insurrection, but if it happens, it will be on the conscience of the members of Congress who are doing this," he said. "I will not promote violence in resolving this, but I will not stop others who might pursue that."<ref> {{webarchive|url=https://web.archive.org/web/20070203002434/http://www.ocregister.com/ocregister/news/homepage/article_1078958.php |date=February 3, 2007 }}</ref> | |||
In October 2006, Gilchrist appeared on ] and abruptly ended the interview after Karina Garcia started accusing him of being a murderer and said that he has ties to the ].<ref></ref> | |||
In October 2006, Gilchrist appeared on ] and abruptly ended the interview after Karina Garcia started accusing him of being a murderer and said that he has ties to the ] group ].<ref>{{cite web|url=http://www.democracynow.org/2006/10/11/minuteman_founder_jim_gilchrist_storms_off|title=Democracy Now! Minuteman Founder Jim Gilchrist Storms Off Democracy Now! Debate With Columbia Student Organizer|website=]}}</ref> | |||
In a March 2006, interview with the ], Gilchrist stopped just short of calling for his followers to ]: "I'm not going to promote insurrection, but if it happens, it will be on the conscience of the members of Congress who are doing this," he said. "I will not promote violence in resolving this, but I will not stop others who might pursue that."<ref></ref> | |||
In May 2010, '']'' reported that Howie Morgan, the Minuteman Project's political director, may have solicited donations from political campaigns in exchange for Gilchrist's endorsement.<ref name="politico">Smith, Ben. ''].'' May 26, 2010.</ref> ], ], and ] were all recipients of Gilchrist's endorsements in 2010. ], an Alabama politician running against Griffith, said that Morgan indicated Gilchrist would endorse Brooks if Morgan was hired.<ref name="politico"/> | |||
In September 2014, the '']'' made a segment about the ] featuring an interview with Jim Gilchrist, who compared the recent events at the border with a ] situation, the vanguard of a Latino invasion of the United States. The correspondent ] poked fun at Gilchrist's "Operation Normandy" initiative against immigrants: "If this is ], and the children are invading us, wouldn't that make us the Nazis?" Gilchrist warned against the dangers of the "latinization of America" that the young refugees posed and added, to a baffled interviewer, "We're all going to die some day. (...) I'm not giving a death wish on these children coming here (...) I'm saying that there's some things realistically you cannot stop."<ref>{{cite web|url=http://thedailyshow.cc.com/videos/r7zfin/no-country-for-little-kids|archive-url=https://web.archive.org/web/20140907212044/http://thedailyshow.cc.com/videos/r7zfin/no-country-for-little-kids|url-status=dead|archive-date=September 7, 2014|title=No Country for Little Kids}}</ref> | |||
==Books== | ==Books== | ||
*''Minutemen: The Battle to Secure America's Borders'', by Jim Gilchrist, ], and ]. |
* ''Minutemen: The Battle to Secure America's Borders'', by Jim Gilchrist, ], and ]. Los Angeles: ] (2006). {{ISBN|0-9778984-1-5}}. | ||
==See also== | ==See also== | ||
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==References== | ==References== | ||
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==External links== | ==External links== | ||
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Latest revision as of 00:04, 17 October 2024
American political activist This article is about the American activist. For other similarly named people, see James Gilchrist (disambiguation).
Jim Gilchrist | |
---|---|
Born | James Walter Gilchrist Jr. North Providence, Rhode Island, U.S. |
Nationality | American |
Occupation | Minuteman Project |
Political party | Republican |
Other political affiliations | Constitution (2005) |
James Walter Gilchrist Jr. is an American political activist and the co-founder and president of The Minuteman Project, an activist group whose aim is to prevent illegal immigration across the southern border of the United States.
Early life
Gilchrist served in the U.S. Marine Corps and received a Purple Heart medal while in the infantry during the Vietnam War, 1968 - 1969.
Minuteman Project
Gilchrist and Chris Simcox are widely recognized as the founders of the Minuteman Project. They founded the organization on October 1, 2004. The two staged a month-long border watch project in April 2005, and that event catapulted the Minuteman movement into the national spotlight. Gilchrist chose to locate the project in Arizona because there was a disproportionately large number of undocumented immigrants crossing the border in that state.
Political views
Gilchrist holds conservative views on education, health care, and taxes. He was registered with the American Independent Party, the California affiliate of the Constitution Party, but has since re-registered as a Republican, and is an adamant supporter of immigration enforcement, law enforcement, and the military. He announced his endorsement of Mike Huckabee for President in December 2007. The personal endorsement of Huckabee by Gilchrist met with strong criticism from other Minutemen and anti-illegal immigration activists.
During the 2016 presidential election, Gilchrist felt that the building of a wall and mass deportation directly aligned with the Minuteman Project's missions. Gilchrist stated that he felt that his goals were reaffirmed and accomplished upon his observation of such widespread awareness of immigration issues. He initially supported Ted Cruz for president, who openly criticized Barack Obama's policy of amnesty, and he was a consistent opponent against Obama's push for immigration reform.
2005 congressional candidacy
Main article: California's 48th congressional district special election, 2005Gilchrist unsuccessfully ran as an American Independent Party candidate for the United States House of Representatives representing California's 48th congressional district to replace Republican Christopher Cox, who resigned to become Chairman of the U.S. Securities and Exchange Commission.
In the low-turnout open primary for Cox's seat held on October 4, 2005, Gilchrist finished behind two Republicans but ahead of all other candidates, including Democrats. He received 14.8% of the vote (a total of 13,423 votes). He was the only one running for his party, and therefore automatically advanced into the run-off.
Gilchrist lost to Republican state Senator John Campbell in the December 6 general election, receiving 25.5% (26,507) of the vote. Campbell received 44.4% (46,184), Steve Young (Democrat) 27.8% (28,853), Bea Tiritilli (Green) 1.4% (1,430), and Bruce Cohen (Libertarian) 0.9% (974).
Controversy
In a March 2006 interview with the Orange County Register, Gilchrist stopped just short of calling for his followers to pick up their guns: "I'm not going to promote insurrection, but if it happens, it will be on the conscience of the members of Congress who are doing this," he said. "I will not promote violence in resolving this, but I will not stop others who might pursue that."
In October 2006, Gilchrist appeared on Democracy Now and abruptly ended the interview after Karina Garcia started accusing him of being a murderer and said that he has ties to the white supremacist group National Alliance.
In May 2010, Politico reported that Howie Morgan, the Minuteman Project's political director, may have solicited donations from political campaigns in exchange for Gilchrist's endorsement. Rick Perry, Parker Griffith, and Tim Bridgewater were all recipients of Gilchrist's endorsements in 2010. Mo Brooks, an Alabama politician running against Griffith, said that Morgan indicated Gilchrist would endorse Brooks if Morgan was hired.
In September 2014, the Daily Show made a segment about the Honduran children's immigration featuring an interview with Jim Gilchrist, who compared the recent events at the border with a Trojan Horse situation, the vanguard of a Latino invasion of the United States. The correspondent Michael Che poked fun at Gilchrist's "Operation Normandy" initiative against immigrants: "If this is Operation Normandy, and the children are invading us, wouldn't that make us the Nazis?" Gilchrist warned against the dangers of the "latinization of America" that the young refugees posed and added, to a baffled interviewer, "We're all going to die some day. (...) I'm not giving a death wish on these children coming here (...) I'm saying that there's some things realistically you cannot stop."
Books
- Minutemen: The Battle to Secure America's Borders, by Jim Gilchrist, Jerome R. Corsi, and Tom Tancredo. Los Angeles: World Ahead Publishing (2006). ISBN 0-9778984-1-5.
See also
References
- "Minuteman Project founder finds inspiration in Concord". The Boston Herald. December 14, 2006.
- Associated Press. "Volunteer patrol gathers at Mexico border", NBC News website, 21 February 2005. Accessed 15 December 2018
- "About Jim Gilchrist". Archived from the original on May 13, 2010. Retrieved May 7, 2010.
- Sean Hannity Visits the Minutemen Volunteers in Arizona, Tuesday, April 19, 2005, Interview Archive, a partial transcript from "Hannity & Colmes," April 18, 2005, that has been edited for clarity.
- Chavez, Leo (2008). The Latino Threat. Stanford, California: Stanford University Press. p. 134.
- About at Jim Gilchrist's Official Website Archived October 11, 2007, at the Wayback Machine
- Mike Huckabee for President – Blogs – Minuteman Founder Endorses Huckabee
- Minutemen Bash Founder Over Huckabee Endorsemen, Marc Ambinder (December 13, 2007)]
- Hoffman, Meredith (March 22, 2016). "Whatever Happened to Arizona's Minutemen?". Vice. Archived from the original on November 20, 2016. Retrieved November 20, 2016.
- Larson, Leslie (March 25, 2015). "Anti-immigration Minuteman Project leader supports Ted Cruz". Business Insider. Archived from the original on November 20, 2016. Retrieved November 20, 2016.
- News: Minutemen to patrol border in 4 states – OCRegister.com Archived February 3, 2007, at the Wayback Machine
- "Democracy Now! Minuteman Founder Jim Gilchrist Storms Off Democracy Now! Debate With Columbia Student Organizer". Democracy Now!.
- ^ Smith, Ben. A price tag for Minuteman support? Politico. May 26, 2010.
- "No Country for Little Kids". Archived from the original on September 7, 2014.
External links
Categories:- 1949 births
- Living people
- 21st-century American politicians
- American Independent Party politicians
- American political candidates
- American vigilantes
- Military personnel from California
- California Republicans
- People from Aliso Viejo, California
- People from North Providence, Rhode Island
- United States Marines
- Anti-immigration activists
- Activists from California