Tuesday, September 28, 2010
Absolute Immunity = Absolute Power
Absolute Corruption
“Absolute Immunity” enables “Absolute Power,” that leads to “Absolute Corruption”. The Supreme Court starting with Bradley v. Fisher, 80 U.S. (13 Wall) 335 (1871[1]) created “Absolute Immunity.” That led to Pierson v. Ray, 386 U.S. 547 (1967) “Absolute Immunity” specifically as regards our Constitution and laws, Title 42 § 1983. Civil action for deprivation of rights[2]. Because of Pierson v. Ray, 386 U.S. 547 (1967) a judge cannot be held liable for violating a citizen’s Constitutional Rights. That led Imbler v. Pachtman, 424 U.S. 409 (1976) “Absolute Immunity” for a Prosecuting Attorney. Because of Imbler v. Pachtman, 424 U.S. 409 (1976) a prosecuting attorney cannot be held liable for violating the Constitution and laws in the prosecution or presentation of evidence in trial. A prosecuting attorney can knowingly prosecute a false charge and knowingly present false evidence and he/she cannot be held liable for violating a citizen’s Constitutional Rights. That led to Stump v. Sparkman, 435 U.S. 349 (1978) “Absolute Immunity” that authorized “Absolute Power”. Because of Stump v. Sparkman, 435 U.S. 349 (1978) a judge cannot be held liable for violating the laws of nature and literally dehumanizing a citizen. That led to Briscoe v. LaHue, 460 U.S. 325 (1983) “Absolute Corruption” for the police as regards perjury. The Police have absolute immunity from the charge of perjury. The Police can knowingly perjure themselves on the stand to corruptly convict a citizen and the Police cannot be held liable for violating the Constitution and laws.
Why? “With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners. [3]” Are we 5 times as bad? Are our streets 5 times as safe? Or have our Rights been taken away? We no longer have the protection of the Bill of Rights or the laws we have created to protect ourselves, there is NO ACCOUNTABILITY, everyone has ABSOLUTE IMPUNNITY:
“This (absolute impunity) 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))… A malicious and corrupt (as noted above) “judge of a criminal court, invested with general criminal jurisdiction over offenses committed within a certain district, should hold a particular act to be a public offense, which is not by the law made an offense[4], and proceed to the arrest and trial of a party charged with such act, or should sentence a party convicted to a greater punishment than that authorized by the law[5] upon its proper construction, no personal liability[6] to civil action for such acts would attach to the judge” Bradley v. Fisher, 80 U.S. 13 Wall. 335 335 (1871) Page 80 U. S. 352 and “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.” (Non-italic and lined through editing added for clarity)(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).
We are there Absolute Corruption
I read an article a couple of days ago "Prosecutors' conduct can tip justice scales[7]." They are doing a series “A USA TODAY investigation: Misconduct at the Justice Department” they think they have found the tip of an iceberg. I have to disagree; I was again reading in Discovery Magazine about gaseous “Black Holes” I think that would be a better analogy. The gaseous “Black Holes” appear as clouds of swirling gas millions, if not billions of miles in diameter. These gaseous “Black Holes” are purported to be the origins of galaxies. They swirl and condense and SUCK everything in that even approaches, light included. I liken that to the current grant of absolute immunity in our Justice Department today. Immunity is an enormous problem; it is swirling about sucking everything in, corrupting EVERYTHING. Immunity has made our Justice Department “The Most Corrupt Organization in the World.”
We are there Absolute Corruption
“Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.[8]”
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: file
[1] It is critical to NOTE the first assertion of this absolute immunity came the same year of the enactment of the Civil Rights At of 1871
[2] Civil Rights Act of 1871 17 Stat. 13, § 1 Civil and § 2 Criminal Law– now codified into the current Federal Statutory Code as Title 42, Chapter 21, Subchapter 1 § 1983-1996 Civil action for deprivation of rights and Title 18 Crimes and Criminal Procedure Chapter 13 § 241 - 249 Criminal Deprivation of rights under color of law.
[3] “Why We Must Fix Our Prisons”, By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By Adam Liptak, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009
[4] “The creation of crimes after the commission of the fact” A Judge made law the repeal of the Constitutional prohibition of ex post facto laws, US Constitution Section 9 - No Bill of Attainder or ex post facto Law shall be passed.
[5] “the practice of arbitrary imprisonments” A Judge made law the repeal of the Writ of Habeas Corpus, US Constitution Section 9 - The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
[6] “no personal liability” A Judge made law the repeal of the Constitutional prohibition for a Title of Nobility. Immunity is in fact a Title of Nobility in the terminology of Colonial Times and the Constitution of the United States of America
[7] "Prosecutors' conduct can tip justice scales” USA Today by By Brad Heath and Kevin McCoy September 22, 2010
[8] FEDERALIST No. 51, The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments For the Independent Journal. Wednesday, February 6, 1788. MADISON
