Colorado State Defense Force (Provisional)

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To: info@pownetwork.org

Date: Sun, 7 Jan 2007 02:12:49 -0700

Subject: Statements Posted On Your Web Site By Michael Allen Gates of Ohio

From: train-5@juno.com

 

To Whom It May Concern:

 

On January 5, 2007, it was brought to our attention that certain false and defamatory statements by a Michael Allen Gates of Ohio concerning our organization, the *Colorado State Defense Force (Provisional)*, are posted on your website.

Please be advised that Mr. Gates is apparently a self-appointed vigilante and 'expert' in his own mind when it comes to all things pertaining to the state defense forces of the United States, even those, such as the

Colorado State Defense Force (Provisional), which he knows absolutely nothing about.

 

In his persistent and continuing efforts to damage our organization Mr. Gates has posted the same or similar messages with other web servers, web hosts, and domains, as well as sent emails to various business entities, including affiliates, with whom we have legal and binding contractual relationships.

As a result of these malicious, false, and defamatory actions, Mr. Gates was previously warned to cease and desist.  Further, he was put on notice concerning the adverse legal consequences which would result if

his intentional conduct in uttering his derogatory, disparaging, damaging, and false statements continnued.  By posting his false and defamatory statements on your web site Mr. Gates has ignored our warning.

 

This is to inform you that the Colorado State Defense Force (Provisional) categorically denies the substance of Mr. Gates' baseless and defamatory allegations in their entirety and hereby demands that you immediately take whatever steps may be necessary to remove Mr. Gates' baseless canards from your web site.

 

Mr. Gates' false and defamatory statements notwithstanding, the Colorado State Defense Force (Provisional) is a bona fide and legally constituted organization and complies with all applicable federal and state laws.

 

Initially, Mr. Gates was given the benefit of the doubt.  It appeared that he had confused the Colorado State Defense Force (Provisional) with another organization which used a similar name.  However, having  been previously warned and put on notice of his error, and by now continuing his course of conduct, Mr. Gates has crossed the Rubicon.  He is no longer simply negligent, Mr. Gates is now engaged in an intentionally malicious and legally actionable campaign to damage the Colorado State Defense Force (Provisional).  He is engaged in business disparagement, tortious interference with contractual relationships, and publishing or causing to be published false and defamatory statements. Mr. Gates has done this by going so far as to attempt to link us to an organization and to individuals of whom we have no knowledge and with whom we have never had any kind of relationship whatsoever.  Based on our review of certain news articles contained in some of Mr. Gates' defamatory emails (forwarded to us by the recipients) containing the same or substantially the same false allegations appearing on your web site, he has not only failed to exercise reasonable care and due diligence before proceeding to publish, or causing to be published his false, malicious, and defamatory statements, but he is now doing so despite having been told to cease and desist. Therefore, this is to put you on notice that Mr. Gates, as well as anyone or any business entity, such as your web site, which publishes, assists, or aids in publishing Mr. Gates' false and defamatory statements is engaged in legally actionable activity to the detriment and damage of

the Colorado State Defense Force (Provisional) by engaging in business disparagement, interfering with our contractual relationships, and publishing false and defamatory statements.  Unless you take immediate

action to remove Mr. Gates' statements concerning the Colorado State Defense Force (Provisional) from your web site you will be assisting, aiding, abetting, and joining in his legally actionable misconduct, and

you will be doing so at your legal peril.

 

For your information, the Colorado State Defense Force (Provisional) has been in existence since January, 1999 as a uniformed, trained, and disciplined all volunteer public service organization dedicated to

emergency preparedness and disaster response.  The organization is similar in nature to a statewide volunteer fire department.

 

The Colorado State Defense Force Association and the Colorado State Defense Force Foundation are both Colorado non-profit corporations in good standing which support the Colorado State Defense Force

(Provisional).  The corporate records for these entities can be accessed online by anyone who may care to do so by going to the web site of the Colorado Secretary of State. The Colorado State Defense Force Foundation maintains and operates the Affiliates page on the Colorado State Defense Force (Provional) web site as a means of raising money for the public outreach and educational activities of the organization.  There is a separate link on the home page of the Colorado State Defense Force (Provisional) to the Foundation which explains what it is about.

 

As set forth on the Colorado State Defense Force (Provisional) web site, it is a volunteer public service orgnaization dedicated to emergency preparedness training to be able to perform emergency and disaster

response, rural and urban search and rescue, emergency communications, physical security, and similar missions in support of civil authorities in times of crisis.

 

Before being allowed to join, each applicant for membership is required to submit two standard fingerprint cards and undergo a Colorado Bureau of Investigation criminal background check.  If admitted, members serve for not less than one year and contribute a minimum of 100 hours of volunteer public service annually for thebenefit of the State of Colorado.

 

The Colorado State Defense Force (Provisional) is, and has been since its inception, supported and guided in its efforts by the State Guard Association of the United States, the 28,000 member strong national

umbrella organization for all legitimate state defense, state guard, and state military reserve forces in the United States.  The Colorado State Defense Force (Provisional) subscribes to and mirrors the philosophy and principles of the State Guard Association of the United States in all of its operations.  The State Guard Association's web site can be visited at www.SGAUS.org <http://www.sgaus.org/> .  There you will find the Colorado State Defense Force (Provisional) listed among the various bona fide state organizations.

 

The Colorado State Defense Force (Provisional) is a non-partisan organization which does not advocate or espouse political violence in any form.  The Colorado State Defense Force (Provisional) works lawfully and

strictly within the established legislative system to achieve its goals. The Colorado State Defense Force (Provisional) exists solely to serve the citizenry of the State of Colorado in times of crisis.

The Colorado State defense Force (Provisional) is primarily an organization of mature, civic minded, patriotic, and honorably discharged military veterans who believe in emergency preparedness and military

assistance to civil authority.  Through legitimate means and the legislative process, for the past seven years and currently, it is continuing to seek official state recognition for, and the restoration and reactivation of, the Colorado State Defense Force as it existed until deactivated in the 1990s.  

 

It is unfortunate, but this situation, as exemplified by Mr. Gates' ignorance, is the same situation faced by many other provisional state defense force organizations in a number of other states including, but

not limited to West Virginia, Arizona, Iowa, and Florida.  However, there is an occasional victory in the state defense force movement as witnessed recently in Alabama where their SDF was officially recognized and reactivated after a lengthy political struggle taking many years. Although the Colorado State Defense Force (Provisional) is a uniformed organization (as is the VFW and the American Legion), its uniforms are

not those of the National Guard, the US Army, or any of the other federal armed forces.  Its uniforms are uniquely and distinctly marked to identify its personnel as members of the COSDF(P).  Therefore, their

uniforms do not violate any laws, Army, or National Guard regulations. Most recently, the Colorado Division of Emergency Management has paid for members of the Colorado State Defense Force (Provisional) to attend state emergency management training courses to better prepare themselves and others in times of natural or man made disaster. Certainly, if the Colorado State Defense Force (Provisional) was the 'fake' organization Mr. Gates alleges it to be, this would not occur.

 

Instead of engaging in the publication of malicious falsehoods, and getting others to publish them, Mr. Gates could perform a more valuable public service by utilizing his time to do something positive for his

community like volunteering to serve in the USA Freedom Corps, the Citizen Corps, the Medical Reserve Corps, or even his state defense force.

As we have done in the past, we are copying Mr. Gates with this message and again demanding that he immediately and henceforth cease and desist from engaging in any activity which tends to disparage the good name or reputation of the Colorado State Defense Force (Provisional) or otherwise interferes with its business or contractual relationships in any way. Additionally, as we have done previously, we are again hereby advising Mr. Gates that should he fail to immediately and henceforth cease and desist, he may be assured that the Colorado State Defense Force (Provisional) will take such legal action against him, and anyone who aids, abets, or assists him in in any way in publishing his false and defamatory statements, as it deems necessary and appropriate to defend its good name and reputation.

Very truly yours,

W.R. Muenzberg

Attorney at Law

(USN 64-71; Vietnam 66-70)

Sir,

Are you aware of this group??  *Colorado State Defense Force (Provisional)*  THIS is the group we are trying to identify as "legit" or "bogus." Is it the same as the one you reference?