A Soldier’s Fight For The First Amendment
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Honor - Integrity - Personal Courage
American Legion Philip B. Onderdonk, National Judge Advocate          Collusion?
Philip B. Onderdonk Photo Credit: Legion.org
Click on image for Holland Deposition
Click on image for Discovery, Onderdonk.
Why was it necessary for the American Legion (National) to have Post 290 become involved in a lawsuit they had no standing in to start with? This was the reason given on page 6 of the “Brief of the American Legion and American Legion Post 290 in Support of Their Motion to Intervene”  more… " Second, the Movant-Intervenors have an interest in the continued display of the Statue because its members were involved with the Statue’s design, approval and construction…" Received during discovery was a letter from American Legion National Judge Advocate Philip Onderdonk to a law firm hired to represent Legion Post 290.  Here he states, “We do not have any documentation on the construction or maintenance of the kneeling soldier statute.” The American Legion knew they had no standing in the case to start with since they had no part in the current or alternate design of the statute, making or purchase of it. So the American Legion and American Legion Post 290 were untruthful in order to become part of the lawsuit. How much did Onderdonk really know and how much pressure did he put on the Post to become involved in perjuring themselves? Why would they take such an interest in a suit they never had any involvement in? We can speculate that if the City of King were to lose this in a trial it would set precedence in future cases that the American Legion were already embroiled in. The lawsuit brought on by the American Humanist Association over a similar issue against City of Lake Elsinore in 2013,  American Humanist Association et al. v. City of Lake Elsinore. The suit was filed in the U.S. District Court for the Central District of California and “U.S. District Judge Stephen V. Wilson ruled [sic] that the city “violates both the U.S. Constitution’s Establishment Clause and the Establishment and No Preference Clauses of the California Constitution.” Wilson wrote, “The Court concludes that Lake Elsinore’s veterans’ memorial was designed without a predominantly secular purpose, and that its principal effect is to advance religion.” This ruling as well as a preliminary ruling by U.S. District Judge Beity in my case established that the City of King did violate the U.S. Constitution’s Establishment Clause with city sponsored Christian services. This raises a concern that if the City were to lose on the Christian Flag and kneeling soldier issue in this District Court that it would then affect other cases in the district the Legion was a part of. So this leads us to, who sat down at the table to come up with the story with so many holes and and untruthful statements about the Legions interest in the City of King statute?  We know who some of the players are Onderdonk,  Holland, Calloway, Hunsucker and attorneys; Hiram Sasser - Liberty Institute, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Steptoe & Johnson LLP, as well as those unknown names that Holland is unable to recall with his selective amnesia. How did they become involved, knowing they had no interest or standing in the construction, design or payment of the Kneeling Soldier Statute? On this page we will discuss how they made untruthful statements in order to become part of the lawsuit and after being caught in this fabrication, Vice Commander Holland having instant amnesia as to the names of individuals who gave him the information for his affidavit. In 2012 someone from American Legion (National) contacts AL Post 290 Commander Bennett about Post 290 becoming involved in the lawsuit. Commander Bennett appoints Don Holland as Post representative. (Page 101, Holland Deposition).  Onderdonk calls Holland to discuss AL Post 290 attempt to intervene (Page 100, Holland Deposition).
Photo credit, Fox8 News  Vice Commander Holland
Current Command Kilby made statements during the my expulsion appeal (addressed on another page) that I cherry picked the deposition concerning Holland’s comments to make it appear he was untruthful. Kilby makes a statement at my Legion appeal hearing that Commander Holland is not aware that Carl (Butch) Calloway was building this memorial (statue). “Another thing I know is false about Commander Holland is that there was a Federal Trial, he’s he’s (Hewett) pick pieces out of that federal trial hear and there, saying that he made false statements.  The statements that Commander Holland made was about knowing what his members were doing. Ok, we have a member Butch Hollo— or Butch Calloway owns a metal fabrication shop, (um),  he’s constructs a lot of things around King, Stokes County, Forsyth County and the region. (um) Commander Holland did not know that Butch Calloway was building this memorial or this device or whatever it was for Stokes County Arts Commission.  So where did Commander Holland lie?  He did not, he stated he did not know about it. Now the business that Calloway has with the City of King has no business with the Legion.” Apparently, Commander Kilby is not aware of or is willfully lying about Holland’s affidavit, where Holland specifically refers to Calloway on page 4 of his affidavit; “21. A member of American Legion Post 290, Mr. Butch Calloway [sic], volunteered his time and skill to create the Statue. The CAC provided sheet metal and the pattern, but Mr. Calloway [sic] created the silhouette using the altered pattern obtained from The Winfield Collection.” The fact is that Calloway made a false affidavit in supporting the Legion and Post 290 becoming part of the lawsuit. For Kilby being a former Sheriff’s Deputy and bragging about his investigative skills he lacks in ability to actually fact check what his mouth is saying. Not someone who we need as a Sheriff for Forsyth County. He’s trying to run on the 2018 Democratic Ticket.  If he would make untruthful statements to the American Legion and Stokes Co. BOE in open session what else would he untruthful about as Sheriff?  I digress… In Holland’s own words he is aware of what post members are doing concerning the statue since he must of had a conversation with Calloway concerning his involvement as a Post member supposedly volunteering his time and a labor in the constructing it as per his reference him in his affidavit. Calloway stated in his own affidavit, “Instead, I donated the time and labor necessary to fabricate the Statue by choice and in my capacity as an officer and member of American Legion Post 290.”  Holland had to be aware of what his Trustee was doing, again, he said as much in his affidavit! Holland states he was a TV news reporter for most his life. So you would certainly believe he could remember names, places and events. In his deposition he has just about perfect memory until it comes down to who told him specifics about the statue, yet remembers all other aspects of the events. This raises more questions than answers.  If, as he states he was in the hospital under “sedation” (page 80), “ I was making phone calls trying to figure out how to answer these questions.  I was sedated a lot of the time, and there was some mistakes made, and I think we have since corrected those.”) Yes, you have correct those statements, you admitted to lying! Why would attorneys who took the affidavit allow this in the first place?  We all know that anyone under the influence of sedation and being questioned that their answers could be misconstrued or taken out of context.  If this is true, then why submit this affidavit to the Federal Court as supporting documentation to become the basis of a lawsuit? Could not this border on the line of attorney misconduct in trying to deceive the Federal Courts about the American Legion and Post 290's involvement of the statue and whether or not they had standing to intervene? Who were the people he called supplying him with this erroneous information about the Legion’s involvement with the statue?  Why didn’t the attorney’s double check and corroborate his answers prior to submitting it to the courts? Just a couple of simple phone calls to Eddie McGee of the Stokes County Arts Council and King CAC chairwomen Barbara Hunsucker would have cleared up any confusion as to the American Legion’s and the Arts Council’s involvement of the statue, which there was absolutely none! In Holland’s affidavit he makes several claims of fact, starting on Page 3; Lines 13 - 21, under the penalty of perjury under the laws of the United States of America that the foregoing is true and accurate. For those who don’t understand what the term means “under penalty of perjury,” means that if it is found to be untruthful that he could be charged with perjury which is a Felony. Carl F. Calloway was quoted in Hollands affidavit for the right to intervene, here is the background: On March 30, 2010 Janet Calloway submitted a bid from Butch’s Portable Welding to the: “City of King for: Bid For Soldier cut out Attention: Cut from 1/8 steel plate kneeling soldier with tie down mounted to back. As Quoted $250.00” No where on the bid does it state anything about donating time and labor nor that he would be doing it in the capacity as an officer and member of American Legion Post 290. Yet in Calloway’s affidavit (page 2, paragraph 5) he claims to have donated his time and labor and this would appear to be as Butch’s Portable Welding. Yet in (paragraph 6) he claims he’s donated his time and labor in his capacity as an officer and member of American Legion Post 290 and producing a receipt stating as such to the Stokes Co. Arts Council who never commissioned it to start with.  As per the Director of the Stokes Co. Arts Council, Eddie McGee, “we had nothing to do with the statue.” Then why did Calloway make a fake receipt to make it appear they did in donating his time and labor? He did so to make it appear there to support for his and Holland’s statements in their affidavits. Then we also have the receipt for the statue billed to the City of King for $225.00 with no indication of donating time nor labor and showing that the Legion, Post 290 nor the Stokes Co. Arts Council purchased it. So Calloway just committed perjury as well. Calloway can’t represent both his business and Post 290 at the same time in producing the kneeling soldier statute.  You are one or the other not half business and half Post 290 doing a job.  We know he placed a bid with the City as Butch’s Portable Welding and the entire job was in his capacity as a private business. Therefore, he was untruthful just has Holland was in his affidavit to the American Legion’s and Post 290's involvement in having standing as Movant-Interveners. So now let’s look at Holland’s responses to questions in reference to his affidavit in his deposition. Here is the entire deposition for you to read through and you can see all of Holland’s answers.  Specifically where he recants his sworn affidavit to the Federal Court in order for the American Legion (National) and American Legion Post 290 to become a Movant- Intervener. Starting on page 78 and on, in Holland’s deposition he is asked about the role the American Legion had in the construction, design alteration, selection or anything else, the Stokes County Arts Councils suggested adding the statue and that Chairwoman Hunsucker presented the idea for the statue to Post 290 for the organization’s input. All of this was proven to be fabricated and untruthful recanting it in his deposition. This means there must have been collusion of some type within all the parties in deceiving the United States District Court For The Middle District of North Carolina so they could become part of  a lawsuit in which they had absolutely no standing.  Both Vice Commander Don Holland and Trustee Carl F. Calloway were untruthful in their affidavits, committing perjury under oath! Both of them violated their oaths of office as well as violated the National American Legion Constitution and By Laws. They are disgrace to the American Legion and Post 290.
Calloway City of King Receipt
Calloway Stokes Co. Arts Council Receipt
Bid City of King
Carl Calloway
Click on image for Holland Affidavit
Click on image for Calloway Affidavit
Click on image for Court Brief