Thursday, January 22, 2009
Chief Justice John G. Roberts, Jr.
Supreme Court of the United States
One First Street N.E.
Washington, DC 20543
Re: The Do Over Precedent of January 21, 2009
An Official request for Reconsideration based on the above precedent
Appeal to the 8th Circuit 08-1823 and the Writ of Certiorari 07-11115
Dear Mr. Chief Justice,
I first and foremost want to thank you for being human and making a mistake. I doubt you have ever been thanked for making a mistake. I felt the release from a burden of extraordinary weight, when I saw you make a mistake. I am referring to the mistake and the Do-Over of the oath of office for now President Barack Hussein Obama.
As you know it was unquestionably your mistake. I do not care who inserted what where. That is not an issue. You as the Chief Justice of the Supreme Court were administering the Oath and there for had the responsibility to see that it was done correctly. Granted there is no requirement that you as the Chief Justice of the Supreme Court administer the oath, but you, acting in a official capacity did accept citizen Obama’s request that you administer the oath and therefore YOU assumed the constitutional responsibility to administer it correctly. If someone else had done it, it would have been your constitutional responsibility to point out the error. But that was not the case. On TV in front of millions if not billions of people worldwide, you made a good fait effort to correctly administer the Oath of Office, but you allowed/made the mistake.
By making the mistake and then correcting the mistake with full public disclosure, you have proven beyond a shadow of a doubt that Judges are fallible and thus by any reasonable understanding you have shown that “absolute immunity” asserted by yourself and others is untenable. You as the Supreme Court chief justice is/was fallible therefore “Judges” are not constitutionally entitled to the asserted infallibility and thus claim “absolute immunity.” It boggles my mind that “absolute immunity” is even at issue in Constitutional Government, “of the people, by the people, for the people[1].“ Absolute Immunity is antithetical to the rule of law in Constitutional Government
Now as a good public servant you have now corrected the error. It was just a simple mistake; it has been corrected. If the judges in my case had been willing to admit their fallibility in the relative privacy of their own courtroom as opposed to your heroic public display of courage in front of the world as you did, this would never have been the issue it is today.
I am literally at the end of my endurance. I have been attempting for 5 years to regain my “son, property, life, liberty and the pursuit of happiness[2]” per my “rights, privileges, or immunities secured by the Constitution and laws[3]”. As I have said before this is not a threat nor a deterrent, but a statement of fact, “people are going to die.” The Guild of Judges, for too long, has been perpetrating the unconstitutional assertion of “immunity” for the Guild and others. NO where in the US Constitution is immunity defined, awarded or required. No one, but especially so with those acting under color of law, is allowed to “at will” deny the “rights, privileges, or immunities secured by the Constitution and laws[4]”. That takes all the provisions of Article V of the US Constitution. More specifically the Judiciary has nothing to do with the proposition, or adoption, of amendments to the Constitution as long as they are handled in compliance with Article V of the US Constitution.
We are all governed by the Constitution and nowhere in the Constitution is immunity from the “rights, privileges, or immunities secured by the Constitution and laws[5]” granted to anyone. Now yes the Supreme Court and others to date have asserted “absolute immunity” but on January 20, 2009 on national TV you proved that was undeserved, unnecessary and no longer assert able.
I therefore insist that you from this point forward WAVE all immunity and proceed to enforce the “rights, privileges, or immunities secured by the Constitution and laws[6]” for all persons per your Oath of office to the United States Constitution.
All I am asking for is the rule of law. I do not know how many times I will have to repeat it, but “in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.[7]” I am not some crackpot; I have a considerable investment in this peaceful attempt to recover my son, property, life, liberty and the pursuit of happiness per my “rights, privileges, or immunities secured by the Constitution and laws[8]”. My son, property, life, liberty and the pursuit of happiness were all taken from me on the morning of November 19, 2003 by a would be judge, Commissioner Jones acting under the authority of the 21st District Court of Missouri. He did this by denying my 4th, 5th and 14th Amendments rights, i.e. Due Process of law.
Please review the above referenced issues for further support and clarification. As further clarification, please review per section 269 of the Judicial Code, as amended (28 U.S.C. § 391) provides:
"On the hearing of any appeal, certiorari, writ of error, or motion for a new trial, in any case, civil or criminal, the court shall give judgment after an examination of the entire record before the court, without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties. "
Thus I ask you to consider my issue in it’s entirety. If there are any holes or missing referenced documentation in the briefs, please contact me, e.g. The certified trial transcripts.
I have all the certified trial transcripts that, as to be expected, support my assertion. I have digital copies of all the pertinent information, I ca and will e-mail them upon request. I do not have the finance to do large copy/mailings; I am impoverished and struggling to keep myself alive through the winter.
Furthermore I will be asking the new attorney general to prosecute the defendants as referenced in the two issues as referenced above per the new Do-Over precedent 01-21-09. There is a change in government afoot, a rebirth of learning, a new renaissance, you had best get on board, because it will over take you get in it’s way.
I want to stress here for clarity, you work for “We the People[9]”. “We the People[10]” have tasked you to “establish Justice[11]” per our Amendments and our Constitution. “We the People[12]” will no longer be lorded over by our government officials. “We the People[13]” will no longer be Duped by our government. “We the People[14]” will no longer have our Civil Rights ignored by our government.
“Government of the people, by the people, for the people, shall not perish from the earth [15]“.
If there is anything further I can do for you in this regard, please let me know.
Thank you in advance.
David G. Jeep
enclosure
The Exclusionary Rule
cc: US Attorney General Eric H. Holder, Jr.
President Barack Hussein Obama
file
The Exclusionary Rule
January 15, 2009
The Exclusionary Rule (Mapp v. Ohio, 367 U.S. 643 (1961)) was never the fix it was intended to be. Even less so now (Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159 (June 15, 2006) & Herring v. United States No. 07-513 (January 14, 2009)) than when it was originally created as Judge made law in 1961. The Exclusionary Rule was intended to provide a citizen, whose rights have been unconstitutionally violated a remedy. And in today’s world that does not happen. There is no remedy for the innocent persons falsely arrested or illegally convicted or denied Due Process of Law. Now if you are a member of politically appealing minority or you have the backing of a politically correct action committee or the police have been flagrant and repeatedly done this to several victims, you might have a case, but if you are a lone victim without a socially or politically appealing case, you have no remedy, you can be victimized by the denial of your “rights, privileges, or immunities secured by the Constitution and laws[16]” and there is NOTHING you can do. Those acting “under color of law[17]” do not have to obey the law, they can flaunt it with the impunity of their unconstitutional Judge decreed immunity. The Judges and the Police assert immunity from criminal and civil prosecution for their actions “under color of law[18]” unconstitutionally per Judge made law.
The Exclusionary Rule, attempted by force of law to make evidence disappear. The Exclusionary Rule wanted to perform magic. We all would like to be able to perform magic but NOBODY, not even the Supreme Court can perform magic. It is all just slight of hand.
What needs to happen in cases where a citizen’s rights have been violated, the jury needs to be told the provenance of the evidence, how it was seized unconstitutionally and for that reason alone they may choose not to consider it, the jury then needs to be given the option of considering the evidence as they see fit. The Judges need to get out of the way.
Then, the law enforcement professional, acting “under color of law[19]”, needs to be prosecuted vigorously criminally and civilly for the crime against our Constitution, the crime against our Civil Rights. There are laws in place to do this Title 18 Crimes and Criminal Procedure § 242. Deprivation of rights under color of law and Title 42 The Public Health and Welfare § 1983. Civil action for deprivation of rights. These laws have been on the books since the end of the Civil War in 1871. The Supreme Court has been in essence warring with the constitution on their enforcement since that time.
If we truly want to feel safe in our homes free from unwarranted judicial and/or police action, if we truly believe in fair due process of law, where the defense has a right to compel even the police to testify truthfully to their own procedures and prior sworn testimony and the defense has a right to exculpable material. If we truly believe in the “rights, privileges, or immunities secured by the Constitution and laws[20]” we assert under our constitution, we need to enforce those rights by force of law on all those acting “under color of law[21].”
There are criminals wearing the Black Robes of the Judiciary. There are criminals wearing the pressed and starched uniforms with the badges of the police. We cannot continue to allow our law enforcement professionals to continue to have the “Free Hand” afforded by the self-serving unconstitutional Judge made law of immunity.
Thanks in advance,
"Time is of the essence".
David G. Jeep
[1] President Abraham Lincoln The Gettysburg Address, Gettysburg, Pennsylvania
November 19, 1863
[2] See the Declaration of Independence and/or 14th Amendment to the US Constitution for additonal clarification
[7] Thomas Paine’s Common Sense 1776
[9] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[10] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[11] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[12] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[13] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[14] Please see the Preamble to the United States Constitution as adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state.
[15] President Abraham Lincoln The Gettysburg Address, Gettysburg, Pennsylvania
November 19, 1863
"Time is of the essence".
David G. Jeep
Dave@DGJeep.com
DGJeep@DGJeep.com
Dave@DGJeep.com
DGJeep@DGJeep.com
