PRESS RELEASE:  Contact: Kirk D. Lyons 828-669-5189
7 FEBRUARY 2003
FOR IMMEDIATE RELEASE

Espionage Story Theater of the Absurd
Statement of Kirk D. Lyons

Black Mountain, NC - To the immense glee of Dan Levitas, Morris Dees, Monroe Gilmour and the separatists of the Save the SCV Rump organization, a ritual tarring and feathering of "heretic" Kirk D. Lyons seems to be taking place up in Washington State in a federal espionage prosecution.

Defendant Deborah Davila is alleged to have lied to federal agents whether or not she knew "Kirk Lyons."  As a result of her apparent false statement, my name is included in the indictment, but not as an unindicted co-conspirator as some newspapers have alleged.

More of the puzzle was unearthed in court yesterday with the testimony of FBI agent Leland McEuen who, according Spokesman Review, testified as follows:

The FBI investigation, dating to 1999, determined that more than 300 top-secret documents were illegally distributed for profit by Deborah Davila, FBI agent McEuen testified.

 

She hoped to make $6,000, but only got $2,000, McEuen said.

 

One box was mailed to a white supremacy organization in North Carolina headed by Texas attorney Kirk Lyons, McEuen testified.

 

An FBI report introduced as evidence said Lyons' organization mailed Deborah Davila $2,000 in cash.

 

The FBI investigation was opened in 1999 when Deborah Davila called agents in Spokane and told them she had secret documents obtained by her husband.

 

But instead of cooperating, she repeatedly lied to agents and attempted to obstruct the investigation, Hicks said.

 

At one point, with FBI agents listening in, Deborah Davila called Lyons in North Carolina but acted like she didn't know him during the conversation, McEuen testified.  Agents later determined she had met Lyons on more than one occasion.

 

From his testimony, it appeared the phone call was an unsuccessful attempt by the FBI to link Lyons to the stolen classified documents.

 

(END of quote from article)

When I became aware of this bizarre series of stories on Wednesday, immediately called the FBI SAC in Asheville, North Carolina and consented to an interview.  Special agent Russell of the FBI drove immediately to my office and conducted interviews with the following:

Kirk D. Lyons
Brenna S. Lyons
Dr. Neill H. Payne
Laura E. Payne
Betty D. Tate
Charles G. Tate

The facts are as follows:

Before our marriage, Brenna and her family joined the Spokane Scottish Country Dance Association to learn Scottish Country dancing.  The SSCDA met once a week and the Tates drove over 35 miles from Idaho, one way, to attend.  The Tates did not advertise to the group where they went to church, but over time this probably became known, but did not cause any apparent problems with the SSCDA.  While attending dance classes my future wife and her family became acquainted with Deborah Cummings.  The ONLY contact with Deborah and the Tates, was in the context of Scottish Country dancing.

Our double wedding, performed by Pastor Richard G. Butler at the Church of Jesus Christ Christian, was planned for September 1, 1990 and the members of the SSCDA were invited. Deborah and two other ladies from SSCDA attended.  The ceremony was a traditional Scottish/Anglican wedding service.

I have been a communicant of the Protestant Episcopal Church since I was 5 years old and until 1995, when my I (and the Paynes & Tates) became a member of Friendship Presbyterian Church, PCA in Black Mountain, North Carolina.  I have never in my life been a member of Pastor Butler's Church, or any Christian Identity Church, nor have I ever been a member of any "right wing," or "racist group" (including the National Alliance which was erroneously reported).

Deborah attended the Stone Mountain Highland Games with the Paynes, my associate David M. Hollaway (who escorted her for the weekend) and my wife and I in October 1991.  I have not seen or spoken to her since.  My wife received one phone call and one letter from her in 1994 and the family received a Christmas card/photo several years ago.  Other than that, to my knowledge there has been no contact with Deborah.

To my knowledge, Deborah Cummings has had NO "right wing" associations save for her one time visit to Richard Butler's church.

Back in July, Dave Hollaway informed me that the FBI was talking to him about his date with Deborah back in 1991 and that she was being questioned about espionage.  "You've got to be kidding was my response."

The FBI has apparently investigated the amount of boxes I ship and receive in the mail and were interested to know if I sent Deborah any money.  I don't remember if I bought her a coke at the Stone Mountain games in 1991, if I did, that was the last money she ever got from me.

I think it is safe to say that if the FBI entertained any serious notions that I received and paid for top secret documents, my office would have already been ransacked and my press conferences would be held behind armored glass in the local Federal "hotel."

If anybody testified yesterday that I am part of a "white supremacist" organization, that is a lie, defamatory and borders on perjury.

Secondly, the FBI knows that because of my material assistance in ending the Montana Freeman standoff and my defense of Andreas Strassmeir (known to the conspiracy crowd as "Andy the German"), the so-called Patriot Militia movement, and the so-called "right wing" believe that I am a "CIA-MOSSAD agent working for the FBI.  So which is it boys?  You can't have it both ways.  Is Morris Dees right?  Is the conspiracy crowd right?  Or are they both nutsy koo-koo about me?

Although I have been a critic of many federal policies, I am a loyal American who was raised in a military family.  It is insulting in the extreme for anyone to associate the Lyons name with treason and betrayal of one's countrymen.

Lastly I would like to set straight the distortions given to reporters about me from Dan Levitas of the leftist oriented Center for Democratic Renewal:

I am not a prominent "white supremacist figure." My relations with that type of litigation ended years ago (so I am no longer widely known save by the ignorant, the bigoted and the clueless) and as I have said repeatedly I am not a "white supremacist" and have never claimed to be.  Nor have I ever been a member of the National Alliance. Dan Levitas is not an expert, he is a liar. I have been involved with CLIENTS in an attorney client relationship, some of who belong to groups hated by Dan Levitas.

I told the FBI that I was willing to take a polygraph test on this material to clear my name.

So I am sorry to disappoint all those folks at the CDR, the SPLC and the SSCV that wish me ill and are getting a vicarious thrill from my unwanted inclusion in this espionage mess.

I have asked for a clean bill of health from the FBI.  I am sure Dan Levitas, Morris Dees and my friends at SSCV will rush into print to tell the public that their unfounded notions about me were all wrong if I should get such a letter.  But I won't hold my breath.

A CNN article and the indictment itself are attached.

My current work is thoroughly mainstream in nature. I have worked as Chief Trial Counsel of the Southern Legal Resource Center full time since 1997.  The SLRC is the pre-eminent advocate for the civil and constitutional rights of Confederate Southern Americans.

Kirk D. Lyons

P.O.Box 1235
Black Mountain, NC 28711
828-669-5189

Related Link:  FBI 302 Transcript of Interview with Deborah Davila

ATTACHMENT 1 CNN Article

WASHINGTON (CNN) -- A former officer in the Washington state National Guard and his ex-wife have been indicted in Spokane on espionage charges for allegedly mishandling national defense information that may have been passed to a prominent white supremacist figure, U.S. officials said..

Rafael Davila, 51, was arrested in Oregon and Deborah Davila-Cummings, 46, was arrested in Washington in the case which officials say involves the unauthorized possession of unspecified secret and top secret documents.

Justice Department officials said the defendants face a detention hearing before a federal magistrate Thursday in Spokane, where prosecutors are expected to reveal further information supporting the charges.

One of four counts in the indictment ties Davila-Cummings to Kirk Lyons, widely known for his role in the white supremacist movement. Deborah Davila-Cummings is accused of "trying to deliver national defense information" in 1999, and of making false statements to FBI agents when she denied she had ever met Lyons.

Lyons, who now lives in North Carolina, is identified as a member of the National Alliance in the racist group's literature, according to Dan Levitas, an author and expert on domestic terrorists and white
supremacist groups.

"Lyons has been involved with white supremacists since 1988. He was married on the Aryan Nations compound, with Richard Butler presiding," Levitas said. Butler was founder of Aryan Nations.

Authorities Wednesday refused to comment on what sensitive government information Davila-Cummings tried to give to Lyons, who is not charged in the case.

Rafael Davila is charged only with unauthorized possession of documents relating to the national defense, illegally retaining the material, and failing to deliver the documents to the government official
who was supposed to receive them.

His ex-wife, in addition to the same charge, is accused of "knowingly and willfully attempting to cause said documents to be delivered to another person not entitled to receive them, and of making a false, fraudulent and fictitious material statement in claiming "she did not recognize Kirk Lyons' name and was certain she never met Kirk Lyons."

ATTACHMENT 2 The Indictment

James A. McDevitt
Unites States Attorney
Eastern District of Washington
Earl A. Hicks
Assistant United States Attorney
Post Office Box 1494
Spokane, WA 99210-1494
Telephone: (509) 353-2767

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

CR – 03 – 021- RHW

UNITED STATES OF AMERICA, INDICTMENT
Plaintiff, Vio: 18 U.S.C. § 793(e)

Vs.

Unauthorized Retention Of Documents
RAFAEL DAVILA, and Relating To The
National Defense Of DEBORAH DAVILA,
The United States, (Counts 1 & 2)
Defendants.

Vio: 18 U.S.C. § 793(e)

Attempt to Cause Delivery of Documents Relating To The National 
Defense Of The United States (Count 3)


Vio: 18 U.S.C. § 1001

False Statement (Count 4)


The Grand Jury Charges:

COUNT 1

   On or about and between January 1, 1999, through August 20, 1999, in the Eastern District of Washington, RAFAEL DAVILA, having unauthorized possession of documents relating to the national defense of the United States, did knowingly and willfully retain the same and fail to deliver them to the officer and employee of the United States entitled to receive them, all in violation of Title 18, United States Code, Section 793(e).

COUNT 2

   On or about and between January 1, 1999, through August 20, 1999, in the Eastern District of Washington, DEBORAH DAVILA, having unauthorized possession of documents relating to the national defense of the United States, did knowingly and willfully retain the same and fail to deliver them to the officer and employee of the United States entitled to receive them, all in violation of Title 18, United States Code, Section 793(e).

COUNT 3

   On or about and between August 1, 1999, and August 15, 1999, in the Eastern District of Washington, DEBORAH DAVILA, having unauthorized possession of documents relating to the national defense of the United States, did knowingly and willfully attempt to cause said documents to be delivered to another person not entitled to receive them, all in violation of 18 United States Code Section 793(e).

COUNT 4

   On or about the 20th day of April 2000, in the Eastern District of Washington, in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of the United States, DEBORAH DAVILA, did knowingly and willfully make a false, fraudulent and fictitious material statement and representation; that is she did not recognize Kirk Lyons’s name and was certain she never met Kirk Lyons when in truth and fact she knew her statement and representation was false, all in violation of Title 18 United States Code Section 1001.

DATED this 23rd day of January, 2003.

A TRUE BILL

(unreadable signature) Foreman
James A McDevitt
United States Attorney

Earl A Hicks
Assistant United States Attorney Filed in the US District Court
Eastern District of Washington
Jan 2, 2003
James R. Larsen, Clerk
Spokane, Washington

For more information about HK's March Across Dixie contact:
http://www.southerncaucus.org/hkedgerton.htm

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If anyone has received this who does not wish to be on our distribution list, please let us know. Our address is SLRC, P.O. Box 1235, Black Mountain, NC 28711. Phone: 828-669-5189 Dr. Payne and Atty. Lyons SCV members, I.N. Giffen,758, Black Mountain, NC