Thursday, January 22, 2009

Chief Justice John G. Roberts, Jr., Re: The Do Over Precedent of January 21, 2009

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

Thanks in advance,

"Time is of the essence".


David G. Jeep
Dave@DGJeep.com
DGJeep@DGJeep.com

Wednesday, January 21, 2009

Chemical dependency is not the problem; it is the symptom!!!

Chemical dependency is not the problem;
it is the symptom!!!!

Chemical dependency is not the problem it is the symptom.  Society treats chemical use and dependency as a problem, A CRIME, not as the symptom of the disease that it is.  Society has for too long been trying to cover up, for religious reasons, the symptom of a very dangerous and debilitating disease through incarceration.  We could as easily cure cancer by putting all victims of Cancer in a prison. 
        Society at one time incarcerated people for disease.  The disease was easily communicable, leprosy.  But we found a cure for leprosy and put an end to leper colonies.  We have since established a moral principle opposed to incarceration for disease.  We can cure Chemical Dependency, the cure may not be as effective or as easy to administer as the Multidrug therapy that cures leprosy, but for the same humanitarian reasons that found the cure for leprosy we now need to focus our efforts on the cure for Chemical Dependency.
        We now incarcerate more people in prison today for drug related offenses than Stalin did for political descent at the height of his political purges.  And incarceration for political descent is NOT as morally reprehensible as incarceration for a non-communicable disease. 
We need to remove all laws from our society that persecute any individual for the disease of chemical dependency.  We need to free the victims of the disease from the enslavement of their criminal masters that exploit the symptom of their disease for their own personal profit. 
The organized crime that today supports, infects and propagates the disease of Chemical Dependency finds it’s profit by exploiting our legal system to enslave the victims of the disease, Chemical Dependency.

Mr. President, Barack Hussein Obama

As we consider budgetary issues in the ever-difficult area of public policy we need to refocus our efforts on CURING the disease of Chemical Dependency and stop wasting our efforts incarcerating people for a disease. .  We could SAVE BILLIONS of dollars eliminate the secondary ORGANIZED CRIME dependent on our criminal treatment of the disease, Chemical Dependency.

Do you have the courage to do what you know is RIGHT?[1]


A rebuttal to issues raised:
1)     To the issue of prison does “Cold Turkey” cure Chemical Dependency.
a)     A forced “Cold Turkey” cure puts the disease into a forced remission.  It does not cure the disease until and if the victim stays clean and sober without the forced “Cold Turkey” influence.  Victims of a forced “Cold Turkey” cure for chemical dependency have a recidivism rate in excess of Self-Committed treatment.  You cannot cure an addictive person until and if they want to cure themselves.  A commitment by the victim to the treatment is THE most critical element of any treatment.
2)     Alcohol/drug related accidents would only rise if laws are removed or punishments are eliminated.  A statistical analysis of Alcohol related automobile accidents; there have been 45,000 (+/- 5%) accidental automobile deaths per year for the last 20 years.  Of those 45,000 a third approximately 15,000 (+/-) have been attributed as alcohol related, 10,000 (+/-) of those being the drivers of said automobiles.  Thus we are talking about 15,000 minus 10,000, which equal 5,000 innocent victims. 
a)     How do we know alcohol was a factor 33% of the cases?  All we know is that 33% of the victims in the accidents were considered legally intoxicated.  I STRESS legally, there is no law against drinking alcohol.
b)     What caused the accidents in the other 66% of the cases?  And how come in those cases the causes could not have also been the case in the alcohol related case, e.g. a sober driver is talking on a cell phone has an accident versus a legally intoxicated driver is talking on a cell phone and has an accident. 
c)      I want to related two accidents:
1)     A local sports celebrity in St. Louis was driving home alone late at night, after the bars had closed, 2:00AM plus.  He had been drinking, it was late, it was dark he hit a parked vehicle on the side exit ramp on a dark turn, he was talking on his cell phone.  I see four possible causes for the accident other than alcohol, time of day, darkness, on a dark turn, and cell phone.  If he had lived he would have been charged with DWI and held criminally negligent.  But we will never know what caused the accident.
2)     Again in St. Louis, a long haul, 10 year veteran, stone cold sober, drug tested and certified clean, truck driver at 4:30PM on a beautiful summer’s day drives over a small interstate compliant rise runs into a line of bumper to bumper traffic.  He never hits the breaks and plows through 10 cars before coming to a stop.  He killed 8 people.  He was never charged with a crime. 
3)     Let me give you another statistic 99.99% of all accidents victims were human beings with two good eyes.  Where only 00.01% of the accident victims had one eye.  Should we poke out an eye on those other drivers 99.99%??  That is ridiculous.
d)     Conclusion: Statistics need to be interpreted without the bias of a predetermined conclusion.  I will admit that alcohol/drugs can be a factor in any alcohol/drugs related accident.  But to say they cause 33% of the accidents, I have to say NO.  You have to discount that number by at least half, and if you want to be fair and honest beyond a “reasonable doubt” you have to discount it completely and say, we do not know what caused the accidents.  They were accidents.  Unless of course you looking to repeal, the repeal of prohibition.
3)     As I am sure you are aware by now, the American Public was duped into the Iraq war by President George Bush.  The reasons for the war were the 3,000 deaths on 9/11.  To date in the, unrelated to 9/11, Iraq war there have 4,000 American Armed Force’s deaths and 100,000 Iraq’s deaths.  Remember we were duped.
4)     I ask you to now consider the possibility of power hungry bureaucrats of the early Drug Enforcement agency.  I ask you to review the History Channel Series Hooked: Illegal Drugs and How They Got That Way.  As an example of the propaganda, I reference “Reefer Madness.”  Where a couple of high school kids go on killing rampage presumable as asserted by the plot, the result of “Reefer Madness.”  With the narrator saying "the next tragedy may be that of your daughter's... or your son's... or yours, or yours..." before pointing straight at the camera and saying emphatically "...or YOURS!" as the words "TELL YOUR CHILDREN" appear on the screen.  It was propaganda used to dupe us into being afraid of “Reefer.”  ”Evidence of the inhalation of cannabis smoke can be found as far back as the 3rd millennium BC as indicated by charred cannabis seeds found in a ritual brazier at an ancient burial site in present day Romania. The most famous users of cannabis were the ancient Hindus of India and Nepal. The herb was called ganjika in Sanskrit (ganja in modern Indic languages).[2]”   We were duped. If cannabis, alcohol, cocaine ad other drugs were this irresistibly addictive we all would have been addicts a long time ago. 

I say again,

“Do you have the courage to do what you know is RIGHT?[3]”  Do you have the courage to act on "Obama's call to service."

  



[1] And while you‘re at it, I ask you to look at the Civil Rights Abuse, loose in our non-drug related Justice System as represented by the Appeal to the 8th Circuit 08-1823 and the Writ of Certiorari 07-11115
[3] And while you‘re at it, I ask you to look at the Civil Rights Abuse, loose in our non-drug related Justice System as represented by the Appeal to the 8th Circuit 08-1823 and the Writ of Certiorari 07-11115

Thanks in advance,
"Time is of the essence".

David G. Jeep
Dave@DGJeep.com
DGJeep@DGJeep.com