Dear Friends,

This is the first general letter I’ve written since before my last trial, so I will briefly bring everyone up to speed. As you likely heard I was found guilty of 52 out of 53 counts. Sentencing is scheduled for late June. I will likely be sentenced to 18 life sentences plus a number of years. No big deal.

On the personal front, things have gone poorly and I’ve been struggling with depression. That struggle continues. Last week I experienced some type of paralysis which required my being carried to the prison hospital. For five days, I struggle with a severe case of vertigo, which made it difficult and sometimes impossible to walk or even stand. The prison doctor doesn’t know what caused my paralysis and vertigo, but suggested everything from an inner ear infection to a heart attack. Because I am such a high escape risk, they would not take me to the outside hospital.

Today, I am feeling much better. Not 100% yet, but clearly I am recovering from whatever it was.

Most of you know that I have been deeply involved in defending myself at trials for more than two years. But what only a few know, and I can now share openly, is that through those criminal trials I had a second agenda- a secret agenda. While it is no secret that I am opposed to legalized abortion, it has not been publicly known that I have "planned" to lose at my criminal trials in such a way that would allow me to mount an attack against Roe vs. Wade. The Reader’s Digest version of my plan is this:

At both my criminal trials I was prohibited use of the Justification Defense, or Defense of Necessity. During those pre-trial hearings I was able to get both US Attorneys to argue that I should not be allowed the defense because Roe vs. Wade makes abortion legal. This very important detail gives me a legal "nexus" to Roe.
Now that my constitutional rights have been violated because of Roe, I have become a "victim" of Roe.
The Supreme Court has heard numerous cases where the anti-Abortion Industry has tried to challenge a state law limiting abortion, but never one, which is a direct challenge to Roe vs. Wade by a Defendant/Victim.
In the mail this date I have sent the Federal District court in my region the documents which began my suit. This is a federal lawsuit that is captioned Clay Waagner vs. John Ashcroft. Though I use my criminal case to open the door, I do not ask for any relief for myself, nor money for damages. What I did ask the court to do is to "Reserve Roe vs. Wade as unconstitutional."
This Roe Challenge is unique in many ways, but one thing note worthy is that I only named John Ashcroft in it. No one else, as is normal practice. This way response to my motion will only be coming from Ashcroft. Since I do not seek money or legal relief for myself, John Ashcroft will not be able to disagree with anything I ask for, namely that Roe vs. Wade be declared unconstitutional. The abortion industry will file "friends of the court" brief’s, but this will have much less meaning than the Defendant’s (John Ashcroft’s) response.

It is conceivable that John Ashcroft will not oppose my challenge, and that the George W. Bush appointed federal judge who hears the case grants my position and issues an order vacating Roe vs. Wade as unconstitutional. This or a trial in which the realities of abortion are presented for a rural Pennsylvania jury. I will win that one! Either way I see what I’m doing today as a serious challenge to legalized abortion.

Having worked very hard on this Roe challenge and having the initial papers, I am now at an impass that I have tried to ignore. I hate this part because it is something that I cannot do myself. I despise asking for help, but I must if I’m to make this challenge a reality. I need at least $450.00 in direct cost for filling fees, certified copies, and certified mailings. During my last trial I made a similar request and a few precious folks responded but I never had all that I needed and often went unable to do a simple thing like copy a motion (.15 per page here). I was greatly dissapointed by the response and promised myself I would never again beg for money so I could fight. But as it is now beg or give up the fight, (as of this writing I have .78 cents on my prison account). I have opted to again ask for money.

If you are interested in helping me in this battle, you can send a Postal Money Order in any amount to me at this addres:

Clay Waagner

17258-039

P.O. Box 1000

Lewisburg, PA 17837

My name and prison number must be on the money order. Or you can send funds via Western Union by calling 1-800-634-3422 and hit selection 2, or on the Internet at westernunion.com, click Bill payment, then Bill collect. (Phone and Internet for credit card or debit card) or go into any Western Union office with cash. In all cases give my name: Clayton Waagner, and my prison number: 17258-039, under city code enter FBOP, and under state code enter DC. Western Union charges $9.95 for this service, which is available to any federal inmate.

I do hate to ask for help, but I have no choice. If you do send money let me know so I can thank you. I’ll even send you one of my hand-painted cards. But if you chose to remain anonymous I understand, and you have my thanks.

Now that this Roe challenge is public knowledge I will send out regular updates to keep everyone updated. You who really care about what I’m doing here, are so few. Know that your prayers count, that your words of encouragement are needed, and that your financial support is now critical.

Thank you for being there. Now, as much as ever I need support to continue this fight.

In His Service,

Clay Waagner
e-mail Clay at ClayWaagner@ArmyofGod.com

   by Clayton Waagner

  Two months ago Neil Horsley posted a letter in which I requested data which might be useful in
  my upcoming trail. The request was for anything which might help to prove illegal or immoral
  acts at abortion mills, information on any woman who changed her mind after a use of force
  tactic, and any scientific data which supports the personhood of a preborn child. As the
  letter explained, this data is necessary if I am to mount a defense for the preborn at the
  upcoming Philadelphia trial.
 
 

  At the time of the first letter my trial date was set for April 8, 2003, but I believed that
  if we all pulled together I would be ready in time. With the posting of this request I
  erroneously believed that piles of letters would pour in filled with documents damning the
  abortion industry for their crimes against humanity. As it turns out, I greatly overestimated
  the zeal of our movement.
 

  The letter was posted during January, Roe's 30th and a time when christiangallery.com received
  more than a million hits a month, so my letter was easily read by many thousands of
  like minded believers. Additionally, I sent out hundreds of letters to every anti-abortion
  and prolife group whose address I could find literary hundreds of letters. Much to my
  disappointment the response has been a dismal trickle and a great embarrassment.
 

  When I began my war to protect the preborn murdered by abortion, I believed I was alone
  against them. After my arrest a few in the anti-abortion movement found me and embraced me
  for my efforts. It was a great comfort to know that others believed as I did and supported my
  actions. After my escape it was always in my mind that I was not alone. That others agreed
  with what I was doing and were praying for me gave me great comfort which warmed me through
  some very difficult moments and was a major factor in my being able to close so many abortion
  mills. Today I wonder if I was comforted by a lie. The lack of support I have received in
  preparing for this most important trial makes me question the depth and commitment of the
  antiabortion movement to this cause which we all voice so loudly.
 
 

  Much has been said about Jim Kopp's not having a trial in Buffalo. I don't know what caused
  Jim to allow such a great opportunity to slip by, but I have an idea it was the fault of the
  very group who claims to agree with his actions. Jim had the courage to do something I could
  not, to pull the trigger on a baby murderer, but he did not have the heart to face a public
  trial without the support of his peers. I understand what Jim has went through. Two supporters
  visited my last trial. Six of you have written to encourage me, and a few have attempted to
  locate the trial data I need. Those precious few I greatly appreciate, but the rest of you
  have become an anchor around my neck. I have come to despise those of you who offer your mouth
  in opposition to the mass murder of innocent preborn children, but are too complacent and lazy
  to lift a finger in their defense. I am equally disgusted with those of you who once fought
  hard, but are now warmed by past victories. The babies you saved yesterday are grateful, but
  your past valor means nothing to the 4,000 babies who will die in abortion mills today.
 
 

  I am concerned about the future of this noble cause. We are a fruit rotting on the vine,
  but are unaware of our status. We think we are strong, but we are not. Even our enemies
  overestimate our strength. But I have learned the truth in your response to my request for
  research help. For a few fleeting moments I considered giving in and not fighting at trial.
  This was not to make my life easier, which it would, but to protect our cause. This trial
  represents the largest scale attack against the abortion industry in its 30 year history, so
  the nation's media is sure to show up in force. When two supporters show up the real story
  will become the lack of support I received. Rightly so. I believe Jim Kopp waived his trial
  for just this reason: to save our group the embarrassment of being exposed as the toothless
  tiger that we are. Jim did not want to show the world just how inane and shallow we have
  become.
 
 

  After much prayer and consideration I have decided to continue the fight. In considering
  pulling out to protect the cause I nearly fell victim to the same sickness that has critically
  infected the prolife movement. I nearly placed the protection of the cause a head of what is
  needed to protect the babies. The Babies! Remember them? The reason for the cause is the
  babies!
 
 

  I will fight for the preborn with all of my ability at this trial. If I must stand alone then
  so be it. If we as a group are exposed as a sorry lot of armchair warriors who "kills and eats
  their own", then so be it. I do love you who have stood up for the preborn, but it is not you
  that I fight for. I fight for the innocent preborn who are murdered under the banner of
  "Choice". I will always protect the individual with my silence, but I will not waiver from the
  fight for the babies to protect our group from bad PR. It is my belief that God would rather
  you (the anti-abortion movement) were exposed in your complacency than to allow you to
  pretend you were doing His will when you are not.
 
 

  The pro-abortionist say the issue is a matter of choice. It is about choice for us as well.
  We can stand up and fight for the millions of innocent who are murdered in our midst, or we
  can choose to do nothing more than mouth our opposition. My choice has been well established.
  I will always fight. You have formed your opinion on the evil of abortion, but have you made
  your choice to fight? Have you really chose which side you are on? The lives of millions of
  God's precious children hang in the balance, so choose wisely.

  In the service of The Most High  God,

  Clayton Lee Waagner
  Reg # 17258-039
  United States Penitentiary
  P.O. Box 1000
  Lewisburg PA 17837
 

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To View babies Murdered by babykilling abortionists click here.
 

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Genesis 9:6
Whoso sheddeth man's blood, by man shall his blood be shed:
for in the image of God made he man.

 Numbers 35:33 So ye shall not pollute the land wherein ye are:
for blood it defileth the land: and the land cannot be cleansed of the
blood that is shed therein, but by the blood of him that shed it.

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