A Christmas Gift to You from Cody Robert Judy U.S. President 2016
FEATURED AS EDITORIAL:
The Post & Email
There are about four crises in life that are constituted as major harbingers. There doesn’t seem to be immunity, pardon, or clemency from the acronym D.I.E.D –Death-Incapacitation-Employment loss and Divorce.
Death of a pet, parent, spouse or even a child, can overload anyone’s heart with ostensibly uncontrollable pain, grief, or heartache. Incapacitation by injury, accident, disease or sickness can have the effect of a sledge hammer to the conscience rendering one dizzy, off balance, and stupefied. Suffering a job loss of employment can shift a person’s outlook on the world from a happy go-lucky comedy to the most frightening horror show you’ve ever seen. Divorce or a Break Up with a significant spouse or partner can reverse a normal happy person into a state of horrible catatonic shock.
Sometimes these trials make their appearance on our stages in life all by themselves which allows a focused attention on them singularly. Like fighting a dragon, if you can just beat this one time, you’ll be in the clear. You focus on the beast employing the weapons in your quiver for such. Counseling, religion, prayer, good diet, like an executrices’ reading a will, you deploy these in a stabilization mission in your best effort from being rocked in order to cope and keep going in ways you hadn’t imagined.
These tests, conflicts, or battles, happen every day to normal good intelligent people provoking the heart and mind to the unconscionable realization that self destruction or termination actually comes into the ballpark as not such a bad offer to escape the trail of tears.
Occasionally the one monster divides causing others to raise their ugly heads, or just as easily is joined on the stage by another dragon in your life that you have to face at the same time. Those suffering a death or divorce often can’t bring themselves out of bed to face the demands of their employment; trip and fall losing their job. Like dominoes an injury or illness can compound in a loss of strength in the ability to do a job.
If you have two or more of these going on in your life you can pretty well assess that your life is in a state of psychological shock and quite often you can find your resources, reserves, and resolutions come up short. You feel these dragons in their mean business are about to drag you off as prey to certain death.
I know people who are suffering these things today. They are not far away stories in a land of make-believe, but are on base with their reality. In fact just yesterday, I learned a long time friendly and loyal customer of mine had passed away, from his grief stricken and broken hearted daughter. Just a few hours after that it was reported to me a friend in her mid forties who had found the love of her life and married him after fully recovering from a life threatening brain aneurism that hit her with a stroke three years ago, had received the news that her new husband of two years had been diagnosed with several brain tumors that could not possibly be removed and a three month death sentence was given to him.
Looking at these battles in our lives as dragons to slay rather than events is one of the reasons I was attracted to majoring in the collegiate study of psychology. I grew tired of a diagnosis with the solution of a pill meant to put you in some warped speed time capsule with the promise that when you woke up everything would be ok as if it was a solution to reality itself.
Don’t get me wrong here, I know at times our bodies stirred by events can concoct a slew of chemical cocktails “shaken not stirred” as James Bond put it and to add a dash of my mother’s self-subscribed wisdom to that, “There are many prisons people suffer as life sentences”. Prisons can be for a select group of felons’ but even more truthful, sometime in everyone’s life circumstances in the events of our lives hold us and squeeze while the hot billows of fire are poured out upon us and all we can smell is the paltry scent of sulfur as we realize a certain hell unleashed on earth has hit us.
That graduates me from psychology to politics in a hurry. That leap is not too much of a house-top stretch and we quickly find our new bearings on a grand or macro level for whole populations affected by the psychology of the law in the debates and arguments of what makes sense and what doesn’t make sense.
As you may or may not know I personally have D.I.E.D ‘d several times over, but I do not “R.I.P” just yet. Lately, thoughts about my life and the challenges faced are evolving in how it is I can best help others. When I was 9 years old I remember listening to a favorite song by Billy Swan recorded in 1974 that hit No. 1 on Billboard’s Hot 100 that I thought defined me as the lyrics clearly punctuated the joy I felt when I could help someone.
The song was called “I Can Help”, can’t you hear it now, “ It would sure do me good, to do you good, let me help”. At nine years old I didn’t think about the one line of the verse that says , “If your child needs a daddy, I can help”, but having not shied away from 8 step-children in two different marriages as well as 4 children of my own in two of my three marriages. I can say being a Daddy has been one of the really great joys in my life. I loved every child that in some way, shape, or form crossed my path and resided under my roof top. Twelve children so far and they have indeed been a great trust and honor to me as part of my family.
While my wives and their mothers, decided life was steering them in different directions, and I didn’t quite harmonize or fit their picture any longer, the canvas didn’t stop but continued to unroll after divorces. Of course the world seemed to change for many that way; just below 50% of America has felt the destruction of the family by Divorce. The family of course doesn’t cease to exist; they just exist in different forms.
I’ve always hated divorce and seen it as a ‘permission slip from the government’ for women to go sleep around, like mine wasn’t enough for them? As a child my parents divorced, but I think they needed to get divorced as their strong wills untempered were like continents colliding in the more extreme case of competing with one another. Competition is almost a death knell to a marriage while working together is a real spark. As they aged I saw much more harmony between them before my Dad passed in 2002. In the thirty years between 20 and 50 expectations can hood wink the best of people into learning the sever disappointments of the grass not being greener on the other side.
Irreconcilable differences in today’s world has grown increasingly as fast as instant gratification in serving the web and finding the answer to your question in seconds. Don’t like the way he eats his cereal in the morning – get a divorce. Don’t like the way she looks compared to your secretary – get a divorce. It’s an unseemly happy world for those who wish to escape a marriage and a very sad one for those hoping to work a marriage out. No one really wins as losses end up taking a toll and are inescapable.
PRISONS
The prison the media and much of the public remembers me being in was a temporary residence of mine for 3018 days, at the Point of the Mountain located in Bluffdale , Utah near 21 years ago now. “Point of the Mountain” is not simply a reference to the State Prison here in Utah it literally is at a point separating the Salt Lake Metro Area from the Provo Area as a land mass, and just happens to be where the new NSA Utah Data Center is storing information that serves our intelligence community, some have called our nation’s biggest Spy Center. I joke I must have left a big intelligence impression for them to choose Bluffdale’s Point of the Mountain as the place to build that facility.
My authored book, Taking A Stand, available at Barnes and Noble, Amazon, and most book Outlets details in a little more than 300 pages some of the particulars and circumstances of that experience or event, and has never been mentioned by any Main Stream Media organization in connection with a story about me.
It’s an easy read if you can get past some of the spelling and punctuation errors created by the dead line of time formulated by the 2008 Race for U.S. President. In the era of sound bites, 30 second ads, and instant gratification the word ‘prison’ is not exactly received as a good word on the resume for a public servant in the position of the Office of the President. It actually would take a little time, and a little journalistic nerve to put the political package together as so many are now doing for Hillary Clinton whose free advertisement on the Drudge Report continually amazes me nearly every day.
In fact the other day I was asked, “If you had to say something positive about Hillary Clinton personally what would it be?”, and instantly I thought and said, “As a protester, she’s managed to stay out of prison much better than I have.”
HORSE PILLS
Some of the really big horse pills we face in life are hard to swallow. They are bitter and hard on the esophagus and it takes a while to understand the good or sweetness of these. That prison for me created an understanding and schooling of law which I would not have entered in or received from any university; nor do I suppose any university could have impressed or imprinted upon my mind quite so dramatically the value of our United States Constitution. My tuition was a guilty plea and it took me eight years and nearly four on parole before God released me through his chosen parole board, but that took some work to graduate from.
The Utah Desert News newspaper recorded that prophesy I made, and its one of the great stories they have ever done on me, as a real religious prophecy was fulfilled in a real preciseness, though they never mentioned the fact the BOM was a Book of Mormon, preferring the state's interpretation of "fake bomb". In a State populated with LDS People you'd think evidence in a religious meeting had some weight as the SWAT Team took the time to blow up my Bible and BOM in front of cameras'.
I’m not sure how that particular article has remained a constant when googling my name but it has and many a political foe have used it as a hurling insult not realizing most who aren’t even Christian’s might be impressed with someone who said he was a prophet, issuing a prophesy, and having it come true with his very life at stake. As Christians, we are told and read, 'The testimony of Jesus is the spirit of prophesy' Revelations 19:10
You might hood-wink that as a generality, but for those who do, I suggest they haven’t spent many days in prison. In fact to illustrate that point very clearly, I actually had a friend from my childhood little league baseball days who came back to prison on a simple violation of crossing the state’s border which he said he had notified his parole officer about, in an emergency actually in an act of helping out. That amounted to a third minor violation and his parole agent pulled the plug on him for a six month stint back in prison. About half way through his six months he happened to mention to a fellow inmate working the kitchen that his work load wasn’t being kept up. A few days later when his cell opened and he was still sleeping that same guy he mentioned that to popped into his cell and stabbed him about 6 times.
He was flown to the University Hospital, had open heart surgery where he was cut from his privates to his throat in the emergency to repair damages. After two weeks there, was put back in prison nearly 100 lbs lighter than he was. He barely made it out in six months. What I’m saying is a lot can happen in 8 years in a den of hungry lions and I certainly do give God the credit for protecting me through those horrible years.
Release from one prison, doesn’t exactly mean release from another. I mentioned it took work to get out. After being forgotten about as a human being, the Media constantly stirring up doses of public acid reflux after 4 parole hearings, I remember writing a letter actually pleading to a news station that my initial charges were misdemeanors ramped up by a county attorney general running for election wanting to get the votes in Happy Valley and in politely sparring a trial of public embarrassment the State had walloped me with lies about a plea bargain after denying me evidence of the video tape of my protest, and I was paying a much harsher price then some convicted of murder, child rapist, and king drug lords.I'll always be very grateful to KSL News Specialist John Hollenhorst for his report that ultimately laid a balance of unfairness on the table for it was after his report I was released on parole.
Because the evidenced video tape in my case, used from the LDS Church Presidency copyright, was submitted by a prosecutor with agreement, an unparalleled breach of Church and State separation clause in a state action of punishment was created. Many don’t understand this concept of our Constitution, so it’s worth saying a word or two about. The separation clause was not so much identified as a necessity for Church to stay out of State Affairs but precisely the opposite. For it is the State’s power and not the Churches to enforce the laws.
So the real danger for Churches was, for intentions of the principle named in our Constitution, was not so much the danger that someone would get in the Government position and exert a favorable latitude for a particular religion like Obama has done for Muslims, the much greater danger was that the State would come into the churches and basically place in a prison the scriptures or the word of God stating definitions that were aloud and stating those that were not allowed. In such a dangerous precedent Jesus could no longer be defined as the Son of God or the Government could legally decapitate you.
Now I wasn’t decapitated for a State’s definition of words, but I was cast into prison over an interpretation of words that defied the hard evidence. That’s a fact. Another fact is the District Court Judge in my case was a Bishop in a line of LDS Church authority who refused to consider the business that happened in the Church should stay in the Church Disciplinary Courts.
The reason for that is because the Church Disciplinary Courts had no power to throw me into a State prison, and excommunication which they did also, wasn’t good enough for them. Do you remember a man named Jesus Christ who the Jews brought to Caesar Augustus for punishment because? That’s right; they had no power to punish him and wanted the death penalty?
Well, taking two misdemeanors ‘disrupting school’ and ‘disrupting a meeting’ and ramping them up to two first degree felonies is probably as similar a circumstance as I could relate to life sentences as the Offense that was taken by Jesus saying he was the Son of God and my saying I was the new prophet of the Church. Boy that really made them mad. I think one of the biggest reasons that the Federal Government refused to press charges is they saw it for what it was, ‘a protest’ protected under a Constitutional Amendment. No one was injured, no property damages, no weapons recovered and the protester (me) knocked out by the crowd in bodily injury. You’d think that was enough, but it wasn’t for the State.
Without the videotape of the event, the State really had no evidence and as the Church controlled the evidence and gave it to the State, a collaboration and cooperation took place especially in denying that evidence to the person so charged. There’s another part of the Constitution that guarantee’s those charged may have equal right to the evidence in their defense and the Bishop, one and the same as the District Court Judge, decided not to allow me to withdraw my guilty plea and decided not to allow me a copy of the evidence he had as it would violate the church’s copyright agreement with the State.
There was in fairness somewhat of an effort made by Channel 4 to get that evidence around a $10,000 dollar effort to get that tape on the same level as my own because it was used in a public hearing. That effort failed again on grounds of the State’s agreement, cooperation, collaboration with the LDS Church Presidency’s copyright and the laws protecting that.(SEE 1 Below KTVX State Records Appeal)
You might remember a dynamite reporter whose name is Barbara Walters. She was a featured reporter on the news program 20/20, and has been a co-host for years before retiring from daily show called The View. Court records bear out the Bishop/District Court Judge stating in open Court, ‘They weren’t going to give a copy of the tape because they didn’t want Barbara Walters of 20/20 getting a copy.’ This was a big horse pill of bitterness for me to swallow and for me to live with understanding laws of protection the Church and State were colliding with the Constitutional Laws of me as an individual and my rights.
There were no big planned protest marching in the streets and burning down buildings for these breaches much like you would picture Jesus hanging on the cross and all those he had fed of the 5,000, his Facebook friends quota sort of, were gone save a few scant friends or disciples and his mother and he was left to suffer alone the sins of all those who had left, and all if us of course, and he said? “Forgive them, for they know not what they do.”
I have followed his example and not spoke or rarely spoke against any particular denomination except in the very real and important aspects of taking a stand for the Constitution as it protects all individuals.
How can I help you?
The greatest way I could think of or possibly imagine in taking a stand for you was to in fact take a stand for your Constitutional rights of which each and every U.S. Citizen has claim on with their children in tow. A world were pay-offs, and fraud, and forgery, and justice for some but not for others was held accountable and responsible for truth and justice for all as citizens of the United States.
My prayer this Christmas is that every American U.S. Citizen will see a little present under their tree or in their pocket from Cody Robert Judy that says, “My individual Rights under the United States Constitution” as that is my gift to you. In all the volumes of legal work I have filed fighting for your interest superseded my own and while I may have been thrown into the lion’s den, I was preserved.
I got out of one prison 12 years ago, but the Media Black Out has continued on any accountable justice in my case, and the public’s interest as well in my running for Office. In fact in one reporter-couple’s words to their colleagues, ‘they don’t think you deserve to know anything written by their hand about me other than what they have written’, as if they were protecting their own star on Hollywood’s walk of fame. That means no apology, no change, and not a word about un-constitutional breaches between any Church and State, and certainly not a word about any public office, most particularly the Office of the President being occupied by a person who is not qualified as a natural born Citizen.
People have said a lot of negative things about Attorney General Eric Holder and I’ve got a few bones to pick with his not cooperating with Congress on Fast & Furious, a gun-running scandal begin with Obama’s Administration, but a couple of bright spots exist for me with him.
He handled a protest interrupting his speech in Atlanta, Georgia December 1st, 2014 by not getting mad at the protesters heated about events in Ferguson, Missouri, who were escorted out but as far as I know have not been charged with the crimes as I was for entering a building with the intent to commit a felony. How would you like to live in a Country that knocked the protesters out, and threw them in prison for 8 years for interrupting his speech? Holder said. "And I think it's incumbent on all of us to seize this opportunity to deal with issues that for too long have been ignored."
A.G. Holder put a lid on it by saying to them, “Hey, don’t get the impression I’m mad at ya all”, in fact he was speaking inside a Church when he said to them, “There will be a tendency, on the part of some, to condemn what we just saw, but we should not. What we saw there was a genuine expression of concern and involvement.’ Holder has been excellent also in addressing problems with over populated prisons and gross penalties for minor infractions that ultimately lead to the public’s pocketbook.
Different lids are put on other stories and sealed with what’s called “prosecutorial discretion” like a huge exodus of teen or juvenile immigrants streaming across the border rising from 8,000 in 2008 to 24,000 in 2011 while Obama claimed increased border agents from 10,000 border agents in 2004 to 21,000 in 2011.
Lids are placed on things like the four places and three causes of death issued for Loretta Fuddy the Hawaii State Officials issuing Obama’s long form birth certificate reported by law enforcement as a fraud and fabricated along with his draft registration; sealed are the records of Obama’s years at Columbia and Harvard as a student; sealed are the investigations of a witness cooperating with police who ended up dead, shot in the head in a drive by, after a break-in on passports of Hillary Clinton, John McCain, and Barack Obama. Sealed are the passport records of Obama understood by his witness to include a trip to Pakistan when U.S. Citizens were banned from traveling there after his years at Occidental College.
Sealed are the lips of every Republican U.S. Senator who entered into an unsavory agreement known as U.S. Senate Resolution 511 depicting another threesome between Hillary Clinton and Barack Obama as co-sponsors to McCain’s’ personal Congressional Resolution, the second that exist on his behalf regarding citizenship? Does anyone else need Congressional Acts passed who’s running for President if they are not qualified, then why did Sen. McCain? Sealed away from Congress are investigations that report Obama’s Social Security number as from Connecticut where he never resided. On the surface its alarming, as that’s exactly what is done by those who don’t have a birth certificate. They use someone else’s social security number having never been issued one themselves, because they didn’t have a birth certificate. It’s not a matter of the social security department running out of numbers.
What we have is a Congress not just hard of hearing but one of selective hearing, and far too many people willing to sweep dirt under the table and I can understand a little dirt. Hey Obama got into his opponent Jack Ryan's divorce records to spot light his way into the Senate and what, how many cases have come up regarding the White House and IRS profiling. Obama loves digging for dirt, he’s had a lot of success that way and success provides incentive to continue.
If all is fair in politics, and everything is fair game in cover ups, why is America hesitating, or rather why does Congress’s newly elected Republican Congress hesitate in calling for Congressional Investigations on Obama’s I.D. fraud and forgery? Why doesn’t a Republican Controlled House whip that out of the dog-house as a bone today, so that the Republican Controlled Senate has something on its plate when the new U.S. Senate convenes?
While the Main Stream Media has kept in a total darkness the American People that I as a Presidential Candidate was the only one in America to serve McCain U.S. District Court papers objecting to his not being born in America or in any Military Hospital, and maintaining a Panama native citizenship that cannot be wiped out ever as that’s where he took his first breath, and also serving the same on Obama in 2012 and incorporating the complaint on Obama in 2008 with McCain, they feed like Paraná’s on the dead meat of a dividing racist agenda when it comes to the attention Donald Trump put on the eligibility of Obama to serve in the Office of the President.
One thing you learn very quickly in a study of the Constitution is the absolute best place to destroy the Constitution of the United States and in that destroy everyone’s rights as individual U.S. Citizens is the Office of the President because of two things. Number one, the Office is the Commander-In-Chief of the entire U.S. Military; and number two, because you don’t have to get anyone to agree with him(you). The Office of the President maintains power to issue executive orders.
Defenders of Obama’s illegitimacy, as far as fraud free identification documents, are desperately clinging to all kinds of tricks in their attempt to hold on to and protect what amounts to the fraud of every voting American Citizen. It’s been six years, you still using that old argument? Does being robbed six years ago mean you were not robbed as if the thief could appear legitimate owner of your whole house and property if he could kife it for 6 years? Is the statute of invisible limitations for officials in office 6 years and after that no ‘high crimes and misdemeanors’ exist as if they are abolished from the Constitution and officials usurping the office slapped on the back with a pass of historical promenade?
My favorite of the Main Stream Media’s is this one: You mean to tell me, (insert a heavy southern drawl here) from the time Obama was born someone knew he was going to be President of the United States..that’s some conspiracy!” This is completely absurd as a mother a foreign or alien inherited citizenship understands absolutely the advantages of gaining U.S. Citizenship, which are not remotely in the neighborhood of the ‘natural born Citizen’ qualifications for the Office of the President. Indeed to assume such an argument is to actually come out and affirm construction on the Constitution is legal because there are many differences between the U.S. Representatives Qualifications, the U.S. Senators’ qualifications, and the U.S. President’s Qualifications in the U.S. Constitution. To assume the argument is actually to come out in a total denial of the differences, and construction laws prohibit that.
When two principles in the Constitution come into conflict, both must be upheld in the Courts. One cannot breach or run over the other and the Courts have indeed ruled both the place of birth and the parents affect ‘natural born Citizen’. The purpose in raising the standard for the office of the President higher was indeed to assure no foreign allegiance either by birth or parent was allowed in the Office of the President with a two generations cushion. In the Supreme Court admitted, [those born in the U.S. to Citizen Parents there has never been any doubt were natural born Citizens, as to the others doubts exists. ] Minor v. Happersett.
Is the Office of the President some place where you want ‘doubts’ to exist about Constitutional Qualifications? I think not and basically we don’t allow any of those doubts to exist for the respective “Citizen” qualification expected for the Representatives and Senators either. You must be a Citizen to hold those offices, and foreigners are not allowed. So there is a great hog-wash of mixing and diluting the qualifications of the different offices, but that is not constitutional and represents in a very simple and plain sense domestic treason on all Americans.
In 2010 I became the first candidate for President to raise my right hand and swear on the Bible as a candidate for President with standing in American History, that Barack Obama and John McCain were not natural born Citizens because some form of alien citizenship existing in their two generation histories. Quite bluntly for McCain it was his native citizenship of Panama and for Obama his father was addressed as Kenyan or a British subject, as well as his step father who was Indonesian adopting Barry Soetoro, another alias of Barack Obama, verified in his Indonesian School attendance. This testimony was entered into consideration of the 10th Amendment Jury of citizens from all over America in the CIA Columbia Obama Sedition and Treason Trail in New York along with the guilty verdict transmitted to every Congressman as far as I know serving at the time.
YOU DIDN'T KNOW HIM
To ignore the constitutional mischief and malfeasance is a breach of trust in the oaths of office all take to be members of Congress and my prayer is that this can be revisited and healed. Sometimes you have to go back and address the wrongs done making restitution where harm has been done to others.
I do not declare myself a victim without recourse, or walked on with prejudice unrecognized, but I declare I have taken a stand for the law in my own individual capacity in the name of justice for all of whom I am apart. In subjecting my rights to perpetrators, you in fact subject the rights of all Citizens and make them subjects. We as Citizens of the United States are not victims without recourse or address, our claims are widely available and articulated in Courts of Law respected by the citizenry culminating in Judy v. Obama 14-4136 held in obeisance in the U.S. Circuit Court of Appeals in Denver, Colorado right now.
Where I have failed in speaking or talking about myself, I do apologize and hope that you will understand in a forgiving way, that I hold you above myself and defend your rights more than my own. This however is not any attempt to hide what has been written in my book Taking A Stand, but in hopes you might read what has already been written that I might not bore you with repetitious details.
I end this blog piece sincerely as I have over 450 others in the hopes that you will share and pass on an intricate detail of just one of the spokes in the wheel needed to gain our balance here in America. The Constitution in the United States of America can be ‘changed’ but it takes 2/3rds of Congress. And while Obama won’t get up and tell you to repent of the Constitution, he’ll get up and tell you to change it or he will by executive order in a transformation.
“The Republic for which we stand”; that’s what we need to remember and restore because the value of Citizenship in America is high and moral decay needs to be stopped.
God Bless You
Cody Robert Judy
As a matter of housekeeping we here at the Cody Robert Judy Campaign for President 2016 would like to thank you for your awesome support. We're enjoying you and we hope you keep coming back. Here's a celebration tip from Cody's Mom once again, "Celebrate your wins!" Thank you for every view here.
For those wishing to read the court action I have filed in Judy v. Obama filed in the Tenth Circuit U.S. Court of Appeals, Denver, CO. I invite you to here. I also would like to make an appeal to you for contributions which you can send to the address listed on the Court document to me if you'd like or you can now do that online at the web site now.
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These times are hard times in the trenches. It seems to be the nature of contributions and donations to follow winners, rather then those who are maintaining the high ground. Campaigns are not cheap and if you sacrifice your principles you'll find its only a very expensive war that could take your whole life that is necessary to get them back. THERE IS SOMETHING GOING ON - ITS DARK BEFORE THE DAWN
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Cody Robert Judy for President 2016
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Cody Robert Judy
Candidate for United States President 2016
www.codyjudy.us
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1-State Records Committee Appeal 94-13
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH UNITED TELEVISION, INC., a Delaware Corporation, d.b.a. KTVX CHANNEL 4, Appellant, v.
UTAH BOARD OF PARDONS AND PAROLE, Appellee DECISION AND ORDER, Case No. 94-13 By this appeal, United Television, Inc. seeks an order compelling the Utah Board of Pardons to release to it a copy of a video tape regarding an incident at Brigham Young University regarding an assault on Howard W. Hunter, an official of the Church of Jesus Christ of Latter-day Saints. The initial hearing on this matter was held on July 27, 1994 in which the parties appeared and presented argument before the Records Committee. Based on the issues that were raised in that hearing, the Records Committee requested the parties to research and submit memorandum to the Records Committee on the topics discussed. The Records Committee continued the hearing until the memorandum were submitted. The parties did submit the requested memorandum and the hearing was reconvened on October 5, 1994. The State Records Committee, having reviewed the materials submitted by the parties, having heard testimony from witnesses, having heard oral argument and having solicited public comment at the time of the hearing, and being fully advised in the premises, now issues the following Decision and Order. BACKGROUND 1. The video tape sought by United Television, Inc., was supplied to the Utah Board of Pardons by the Utah County Attorney's Office in response to a request of the Board of Pardons to supply information on Cody Judy, an inmate at the Utah State Prison who had pled guilty and was incarcerated for an assault on Howard W. Hunter at a Church Educational System young adult fireside for the Church of Jesus Christ of Latter-day Saints. 2. The portion of the video sought by United Television, Inc. had been blacked out of the live broadcast and had never been published by the Church Educational System. The Church Educational system claimed copyright privilege of the material and had chosen not to broadcast or publish the portion of the fireside blacked out, but contained on a master tape made of the proceedings. 3. The Utah County Attorney's office obtained a copy of portions of the master tape showing the assault for purposes of prosecution. Without permission from the LDS church or other copyright owner of the video tape, it gave a copy of the video tape to the Board of Pardons. The Video was not shown publicly at the Board of Pardons. 4. United Television, Inc., sought release of the video from the Board of Pardons. The Board denied the release of the video on the basis that it was not a record under Utah Code Ann. 63--2- 103(18)(b)(iii). STATEMENT OF REASONS FOR DECISION 1. The Government Records Access and Management Act (GRAMA) specifies that "all records are public unless otherwise expressly provided by statute." Utah Code Ann. 63-2-201(2). 2. Materials kept or maintained by a governmental entity or employee that is not a record under GRAMA is not subject to release and disclosure under the Act and the Records Committee has no jurisdiction over such records. Utah Code Ann. 63-2-103(18)(b). 3. Copyrighted material maintained by the State or any of its agencies is not automatically excluded as being a record under GRAMA. The provision excluding copyrighted material includes provisions that it is not a record if access to the material held by the public entity is limited by copyright. 4. The Church Educational System of the Church of Jesus Christ of Latter-day Saints intended the material contained on the videotape to be copyrighted from its inception and gave no permission for the material contained in the blacked out portion of the video tape but contained on the master to be released to the Board of Pardons. The Church Educational System also never published the material which is subject to the request of United Television, Inc. 5. If the video does not fall under the exclusion of Utah Code Ann. 63-2-103 (18)(b)(iii), it is a record and subject to the jurisdiction of the Records Committee to order released if the Records Committee finds it is not protected by other factors. 6. Testimony and evidence raised the issue of the video being subject to a secrecy order entered by a Judge of the Fourth District Judicial Court in Utah County. The Records Committee need not reach this issue because it resolves the issue on other grounds. 7. The video segment sought is not a record under Utah Code Ann. 63-2-103(18)(b)(iii) because the owner of the video intended the video to be copyrighted and never published it. ORDER THEREFORE, IT IS HEREBY ORDERED THAT the decision of the Board of Pardons denying release of the video tape sought by the Appellant is affirmed and the appeal is denied. RIGHT TO APPEAL Either party may appeal this Decision and Order to the district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 and 63-2-502(7). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney. Entered this 11th day of October, 1994. BY THE RECORDS COMMITTEE,
MAX J. EVANS,
Chairman, State Records Committee
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