Jane Crow and Jim Crow are both based on the conviction/lynching by infamous accusation without access to 5th and 14th Amendment’s access to Justice with the equal protection of Due Process of Law.
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Saturday, July 10, 2010
President Barack Hussein Obama
1600 Pennsylvania Avenue Northwest
Washington, DC 20500-0001
Re:To Kill a Mocking Bird,
The Denial of Due Process
Dear Barack,
What is a citizen suppose to do, when the Missouri State Court, United States of America District Court Eastern District of Missouri, United States of America District Court Western District of Missouri, United States of America 8th Circuit Court of Appeals and The Supreme Court of the United States of America denies the 14th Amendment’s Constitutional access to Justice under Due Process of Law?
I am not some nut case off on an untenable tangent. I have the evidence of these denials in the Court Records, 07-2614[1] and 08-1823[2]. The evidence is indisputable. I enclose a copy of the original starting point the hand written application for the Ex Parte Adult Abuse Petition for Order of Protection dated November 3, 2003, along with my current motion for rehearing before the 8th Circuit Court of Appeals on: 10-1947, Case 4:10-CV-101-TCM, sighting Sterling v. Constantin, 287 U.S. 378 (1932) Page 287 U. S. 397-398.
I was in jail for 411 days for utilizing my right to Freedom of Speech[3] asking this same question. After 379 days in jail, we filed Document #78, Eastern District Court of Missouri Case #4:09-cr-00659-CDP, Attachments #(1) Exhibit, time stamped 03-25-2010, 5:30 PM CDT was entitled “We live in a Lawless Society.” The Attorney for the United States of America responded with Document #79 & 80 dated 04-26-2010 in Case #4:09-cr-00659-CDP a dismissal.
Where is the pacific remedy for injustice that civilization by definition necessitates? “There remains to him but the alternative of resistance, which may amount to crime.[4]” Is that what we have become a nation of lawlessness where anarchy is the only way to achieve Justice? I have been pacifically struggling against the forces of unconstitutional INJUSTICE for SEVEN (7) Years. I am literally and figuratively homeless, starving and on the street. I have nothing left to loose. I am at my wit’s end.
If there is anything further I can do for you in this regard, please let me know.
“Time is of the essence”
Thank you in advance.
Dave@DGJeep.com
David G. Jeep
enclosure
To Kill a Mocking Bird, The Denial of Due Process
Motions dated 07-01-10 and 07-02-10
cc: Justice Sonia Sotomayor
Eric H. Holder Jr., Attorney General United States of America
file
To Kill a Mocking Bird,
The Denial of
Due Process
The 50th anniversary of the publication of Harper Lee’s, “To Kill Mockingbird” is this Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?
Would there have been or is there today a crime in the corrupt and malicious arrest, prosecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?
Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?
WRONG, I disagree; the arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been a CRIMINAL denial of Due Process of Law[5], not that anyone would be prosecuted either then or now.
Admittedly racism has become untenable in today’s America. But racism is only one of the symptoms of the malice, the corruption and the incompetence that would have convicted the fictional character Tom Robinson. Atticus issues a challenge of a sort to Scout, his daughter, and Jem, his son. I quote:
“I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus
Do we have the courage to take on the malice, corruption and incompetence that still infect our Justice system today?
The Police, The Sheriff, The Prosecutor, The Judge in today's world all know better, I paraphrase slightly but I quote:
They are “representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servants of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.
It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none.[6]”
The fictional character Tom Robinson was denied fair Due Process of Law[7]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.
None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police’s, the prosecutors’ and especially the Judges’ impunity.
The Police don’t have to investigate the crimes they arrest people for. The Police don’t even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[8] to convict their innocent victims. They have immunity.
The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[9] that might prove the innocence of their victims. They have immunity.
You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of “Due Process” of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[10] and he or she is absolutely immune. The 4th Amendment’s protection “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is unenforceable and completely at any Judges’ discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[11].
The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.
So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it themselves,
“This (absolute) immunity applies even when the judge is accused of acting maliciously and corruptly” (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).
and
“In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.” (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219) (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395)
Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?
“Mockingbirds don’t do one thing but make music for us to enjoy . . . but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.” ~Harper Lee, To Kill a Mockingbird
I say NO!!!!!!!!!!!!
Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.
We HAVE RIGHTS in this country!!!!!!!!!!!! We the People surrender NOTHING. "We the People of the United States, in Order to form a more perfect Union, establish Justice… and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.[12]" The establishment of Justice under the Constitution and Laws of “We the People” is the responsibility of our employees, the police, the prosecutors, the Judges and our President[13]. We need to hold them liable per the 1st Amendment “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[14] of grievances[15].
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection,” THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.
Not currently in America, the land of the free and the home of the brave, we have NO freedom; we have NO courage. But yet, I am an idiot, I still have HOPE.
If there is anything further I can do for you in this regard, please let me know.
“Time is of the essence”
Thank you in advance.
Dave@DGJeep.com
David G. Jeep
cc: President Barack Hussein Obama
Justice Sonia Sotomayor
Eric H. Holder Jr., Attorney General of the United States
e-mailed to a select group of favorites
file
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UNITED STATES 8th DISTRICT
COURT
EASTERN DISTRICT OF MISSOURI
St. Louis DIVISION
vs.
United States of America, et al
Defendants
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Case No. Case 4:10-CV-101-TCM _
Appeal: 10-1947 _
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Motion for rehearing of denial
This is a pro se appeal. I site Sterling v. Constantin, 287 U.S. 378 (1932) Page 287 U. S. 397-398 :
“If this extreme position could be deemed to be well taken, it is manifest that the fiat of a state governor (a federal officer, a state judge, a state prosecutor, a police officer, a spouse) and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the federal Constitution upon the exercise of state power would be but impotent phrases, the futility of which the state may at any time disclose by the simple process of transferring powers of legislation to the Governor to be exercised by him, beyond control, upon his assertion of necessity. Under our system of government, such a conclusion is obviously untenable. There is no such avenue of escape from the paramount authority of the federal Constitution. When there is a substantial showing that the exertion of state (a federal officer, a state judge, a state prosecutor, a police officer, a spouse) power has overridden private rights secured by that Constitution, the subject is necessarily one for judicial inquiry in an appropriate proceeding directed against the individuals charged with the transgression. To such a case the federal judicial power extends (Article III, § 2), and, so extending, the Court has all the authority appropriate to its exercise.” (emphasis added)
There is evidence in the petition of a “substantial showing that the exertion of state power (and /or a federal officer, a state judge, a state prosecutor, a police officer, a spouse) has overridden private rights secured by that Constitution, the subject is necessarily one for judicial inquiry in an appropriate proceeding directed against the individuals charged with the transgression. To such a case the federal judicial power extends (Article III, § 2), and, so extending, the Court has all the authority appropriate to its exercise.”
I assert Federal Jurisdiction under Title 28, Part IV, Chapter 85, Section § 1331. Federal question
“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
I am asserting the protection of the 1st, 4th, 5th, 6th and 14th Amendments, Title 18 § 242. Deprivation of rights under color of law and Title 42 § 1983. Civil action for deprivation of rights:
I declare under penalty of perjury that the foregoing is true and correct.
Signed this Thursday, July 01, 2010
Signature of Plaintiff(s)
Dave@DGJeep.com
_________________________________________
David G. Jeep
Friday, July 02, 2010
Michael E. Gans, Clerk of Court
Eighth Circuit Court of Appeals Clerk's Office
Thomas F. Eagleton Courthouse
111 South 10th Street, Room 24.329
St. Louis, MO 63102
PHONE: (314) 244-2400
Re: Appeal: 10-1947
Case No. 4:10-CV-101-TCM[16]
Dear Mr. Gans,
I would ask that this letter and attachment be added to my motion for a rehearing.
In reviewing the appeal denial I noticed the statement “The court has carefully reviewed the original file of the United States District Court”. I find that unbelievable, I am sorry. All of the referenced issues included and are based on the enclosed document, the original hand written fraudulent Adult Abuse Petition for Order of Protection, dated November 3, 2003.
This petition is fraudulent and malicious on its face. It is fraudulent because nowhere on it does reference any abuse, probable cause. The court NEVER HAD JURISDICTION. Not that it makes any difference, she was queried about that at the hearing on November 19, 2003, she offered no additional information.
The only thing listed on the petition at all incriminating to myself is her “hear say” third party account of an incident in traffic court in Camden County, from 30 days prior and 150 miles away, SHE WAS NOT EVEN PRESENT during this alleged abuse. That is not something that she has any right to claim abuse from. AGAIN SHE WAS NOT EVEN IN THE COURT ROOM AT THE TIME, by her own declaration. It is a fraudulent petition for protection order, because per the statute it must show “for good cause shown in the petition[17]”. It lists NONE! Per the United States Constitution Amendment IV, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” There is NO probable cause supported by Oath or Affirmation. It lists NONE! Thus the Judges had no jurisdiction.
She knew what she was doing. She can read. She had HELP, both professional help via the Court Clerk’s Office[18] and a private attorney. It therefore is fraudulent and VOID as a petition for an Order of Protection. It is as if I wrote up a petition for a warrant for your arrest on a charge Murder because I heard some say you had been speeding. It makes NO SENSE.
What she was doing, was attempting to fraudulently and maliciously manipulate a Judge to have me thrown out of my house, take away my son, to make her position in the subsequent divorce more secure. It happens all the time, because Judges like Goeke and Inferior Court Commissioner Jones hand out Orders of Protection like party favors to anyone that asks for them. That is a violation of my constitutional rights, I say again Per the United States Constitution Amendment IV “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”
Judge Goeke and Commissioner Jones issuing the Fraudulent, Malicious, and Corrupt Order was an act of delegated authority contrary to the tenor of their commission[19], i.e. to uphold the law, support and defend the constitution (Missouri Revised Statutes, Chapter 455, Abuse--Adults and Children--Shelters and Protective Orders section 455.035 and United States Constitution Amendment IV). Thus they acted without jurisdiction. The Petition and Court Order were both fraudulent and corrupted before I was forced into court unconstitutionally. I do not even need to attempted to prove the additional ongoing corruption and constitutional denials in 8th Circuit Court of Appeal 08-1823 regarding the DWI conviction.
Additionally I assert pro se individuals right to the protection of Harmless Error for something minor that I might be missing.
Time is of the essence. If there is anything further, I can do for you in this regard, please let me know.
Thank you in advance.
Dave@DGJeep.com
David G. Jeep
enclosure
Adult Abuse Petition for Order of Protection, dated November 3, 2003
cc: file
[1] State Court Case No.: 03FC-10670M, Missouri Court of Appeals eastern District ED84021, US District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit US Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115
[2] State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, US District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit US Court of Appeals 08-1823
[3] The actual text of the Free Speech can be found on my blog (http://dgjeep.blogspot.com/) Tuesday, October 7, 2008 Violence at best perpetuates violence. Tell Me Again Why I Shouldn’t Blow Up a “Murrah Federal Building“ ? A Rhetorical Question, Friday, December 19, 2008 Deterrents, Terrorism and Tactics II, Sunday, March 1, 2009 To the FBI, A Demand for an affirmative response on or before March 16, 2009, Wednesday, March 4, 2009 US Marshal, Re: Your worst Fears, am I your worst fear? revised and extended 3/4/09, Friday, March 6, 2009 You do not want this to become a Crazy Macho Thing, Your deadline is still Monday March 16, 2009
[6] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)
[7] The Constitution for the United States of America, Amendment XIV No State shall make or enforce any law which shall… deprive any person of life, liberty, or property, without due process of law & Title 18 Crimes and Criminal Procedure § 241 Conspiracy against rights & 242 Deprivation of rights under color of law
[8] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals
[9] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals
[10] “Jim Crow” may be unfashionable, but “Jane Crow” discrimination, the preference for a woman’s maternal rights over a man’s paternal rights in Family Law reigns supreme. See also Writ of Certiorari 07-11115 to the Supreme Court
[11] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals
[12] Preamble to the United States Constitution, Alexander Hamilton in Federalist Paper #84
[13] United States of America Constitution Article 2. § 3 “he shall take Care that the Laws be faithfully executed”
[14] re·dress n. ree-dres, ri-dres; v. ri-dres –noun
1. compensation or satisfaction for a wrong or injury.
[15] griev·ance (grÄ“'vÉ™ns) –noun
1. The cause of hardship or harm.
[16] Writ of Certiorari 07-11115, Appeal 07-2614, Federal Court ED of Missouri 4:07-cv-01116-CEJ, State of Missouri Appeal E. D. No. 84021, Original Cause No. 03FC-010670
[18] 455.025. Except as provided under section 455.030 (holidays), clerks under the supervision of a circuit clerk shall explain to litigants not represented by counsel the procedures for filing all forms and pleadings necessary for the presentation of their petition to the court. Notice of the fact that clerks will provide such assistance shall be conspicuously posted in the clerks' offices. The location of the office where a petition can be filed shall be conspicuously posted in the court building.
