Judge Charles Legge
   

 
 

In June of 1999: Steven Nary, using his federal military and federal employment rights, removed Hallinan's illegal case #165558 to the 9th Federal District Court in San Francisco. The judge hearing the case was Charles Legge.

Judge Charles Legge erroneously dismissed the case. He did so without holding the mandatory evidentiary hearing and providing Nary (filing in pauperis) with a Federal Public Defender. Legge ordered Nary to "exhaust lower state court remedies".

Legge refused to provide those remedies of dismissal of an illegal prosecution by District Attorney Hallinan.

Because Steven Nary invoked Federal Statute 1331, the "federal question case," Legge could not remand, or order back, the Nary case to the lower State Court (Hallinan) for any prosecution. So Legge dismissed the case. Scott Sher was Legge's staff attorney at the time. He retired shortly afterward.

Hallinan's prosecution of Steven Nary, a US Navy sailor, was illegal and a usurpation of exclusive Federal authority over the military because

  • (a) Hallinan did not seek nor ever get Governor Pete Wilson's mandatory executive permission to prosecute Steven Nary under the Federal Code section covering military personnel/prosecutions 32 Code of Federal Regulations subsection 720.6,

  • (b) under the same mandatory code section, Hallinan did not get the specific written prior permission of Secretary of the US Navy, then John Dalton. Nevertheless, Hallinan was quoted on the City/County of San Francisco's web page as saying," We decided to prosecute this case." This action was unilateral and illegal on Hallinan's part.
   
= || Amicus Veritas home page || =