The Divine Right of Kings
and
The Divine Right of the Judiciary
We all assume, having sat through our required government and state classes in school, we live in a democracy of free and equal persons. We firmly believe the era of The Divine Right of Kings is OVER. We naively believe the law, the Constitution for the United States of America, protects our rights.
We do not have the Protection of the Laws as asserted by the founding Fathers:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”[1]
We do not have the protection of the laws as clearly asserted and confirmed by the Supreme Court in 1803:
“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. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”[2]
We live under the Divine Right of the Judiciary to make law and their unconstitutional assertion of absolute immunity unrestrained by any law of nature or man. For illustration I submit the following example:
It is legal to own a Gun. When a person uses a gun to defend himself it is legal. When a person uses a gun without cause to “deprive any person of life, liberty, or property” that is criminal.
It is legal to be a Judge. When a person acting as a judge under color of law within the jurisdiction of the State makes a ruling in open court to “deprive any person of life, liberty, or property” after affording them due process of law and equal protection of the laws” that is legal. When a person in a judge’s robes sitting behind a judge’s bench under color of law within the State’s jurisdiction makes a ruling to “deprive any person of life, liberty, or property” without due process of law or denies the equal protection of the laws that is criminal[3].
One criminal uses a gun to illegally “deprive any person of life, liberty, or property,” the second criminal uses his office and the State’s authority under color of law to illegally “deprive any person of life, liberty, or property.” BOTH are criminals, both have stolen from their victims!!!!!!!! BOTH their victims are entitled to the protection of “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … the supreme Law of the Land”[4] and the right of the people… to petition the Government for a redress of grievances.[5]”
Try to hold a Judge, a prosecutor, the Police or any person “governmental or otherwise -- who were integral parts of the judicial process” to account under color of law. It is impossible in the United States of America today. We have abandoned the essence of Civilization, The Protection of the Laws.
I say again “We the People” are entitled to The Protection of the Laws. It is self-evident to any sane person:
“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. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court. ”[6]
Brad Heath and Kevin McCoy of USA TODAY / USATODAY.com have found “The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws” is rarely if ever the case in their research for Federal prosecutors series:
“USA TODAY found a pattern of "serious, glaring misconduct," said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. "It's systemic now, and … the system is not able to control this type of behavior. There is no accountability."[7]
He and Alexander Bunin, the chief federal public defender in Albany, N.Y., called the newspaper's findings "the tip of the iceberg" because many more cases are tainted by misconduct than are found.”
Brad Heath and Kevin McCoy of USA TODAY / USATODAY.com assert that Prosecutors' conduct can tip the scales. I would assert that Judges do too. In fact I would go further and assert that “all persons -- governmental or otherwise -- who were integral parts of the judicial process”[8] do too. I would assert that by their very nature “all persons” are subject to human fallibility. Human fallibility by definition generates the certainty of negligence, malice and corruption unavoidably in some cases.
Yet, “Federal prosecutors who violate laws or cut corners to win convictions face almost no risk of losing their ability to practice law, USA TODAY has found.
“Congress in 1998 gave the state regulators who oversee all of the nation's lawyers the authority to discipline U.S. Justice Department prosecutors when they violate laws or state ethics rules. Those regulators have the power to suspend and disbar lawyers.
To find out how often that happens, USA TODAY reviewed bar records and state court filings nationwide, and also searched for hundreds of prosecutors' names in a national databank of disciplinary actions maintained by the American Bar Association. It found only six prosecutors who were disciplined since 1997.”
The self-regulators maintain the conspiracy of depraved deliberate indifference to rights via their assertion:
“One reason disciplinary actions are rare is regulators may find that the violations were not deliberate. "Many violations found by the courts are not malicious evil wrongdoing," says Bill Weigel, president of the National Organization of Bar Counsel, an association of state disciplinary officials. "People can lose their judgment in the heat of battle.[9]"”
I would dispute the actions were “not deliberate” and “not malicious evil wrongdoing”. But assuming that they were for a moment… the actions were at a bare minimum criminal negligence.
Negligence, emotionalism (in the heat of battle), malice and corruption are unacceptable. To some extent they are unavoidable in any broad based human interaction, but they cannot be tolerated openly or we as a society are destine to FAIL.
“We the People” are paying our public servants to function per our “rights, privileges, or immunities secured by the Constitution and laws.”[10] Whoever subjects us to the deprivation of any “rights, privileges, or immunities secured by the Constitution and laws”[11] IS CRIMINALLY and CIVILLY LIABLE under the Criminal Code, “Title 18 § 242. Deprivation of rights under color of law and Title 42 § 1983 A Civil Action for Deprivation of rights under color of law.
If we are to have our rights there has to be “strict liability.” Ignorance or the lack of a guilty mind is no excuse. No one can be allowed to operate a tricycle, a motor vehicle, a gun or MORE importantly a judicial system recklessly without regard. Ignorantia juris non excusat (Latin for "ignorance of the law does not excuse") or a lack mens rea (Latin for "guilty mind") is just and excuse for the conspiracy of depraved deliberate indifference to rights. . Again IT IS SELF-EVIDENT:
“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. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”[12]
This is all confirmed by Brad Heath and Kevin McCoy, USA TODAY Prosecutors' conduct can tip justice scales Updated 9/23/2010 1:31 PM. I quote:
“Justice officials told USA TODAY that a federal law known as the Privacy Act, enacted in 1974, bars them from releasing any details, even when the problems have been widely publicized. Instead, it produces anonymous annual reports without any identifying details, even genders, of the prosecutors involved.
"Office of Professional Responsibility (OPR) is a black hole. Stuff goes in, nothing comes out," said Jim Lavine, the president of the National Association of Criminal Defense Lawyers. "The public, the defense attorneys and the judiciary have lost respect for the government's ability to police themselves."”
This is "the tip of the iceberg" being consumed by “a black hole” and COMBINED results are unseen “because many more cases are tainted by misconduct than are found.”
I have the evidence. It goes further, Jeep v. United States of America[13]. I have FIRST HAND knowledge I have been fighting this for SEVEN years. I have endured over seven years of denial, 411 days of illegal incarceration[14], two psychological examinations, and three years of abject poverty, homelessness and life on the street in my struggle, Jeep v. United States of America.
I was arrested and held to answer TWO infamous charges without any probable cause in flagrant violation of the 4th[15] and 5th[16] Amendment’s protections. The evidence of the fraud, the mens rea, and the conspiracy of deliberate depraved indifference is undeniable and undisputed. This all happened in State Court where I made timely objections and appeals. I then took it to the Federal Courts under the 1st[17] and 14th Amendment’s protection:
I have FIRST HAND knowledge; The lack of accountability has established an ongoing conspiracy of depraved deliberate indifference to rights. This criminal conspiracy against rights[18] includes Judges, Prosecuting attorneys, the police and any “persons -- governmental or otherwise -- who were integral parts of their judicial process.”[19] They all have the Divine Right of Kings to act with absolute immunity from:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”[20]
This is an enormous criminal conspiracy; they have been operating with “absolute immunity” [21] for YEARS!!!!!!!!!!
We do not have a civilized country. "America is the only country that went from barbarism to decadence without civilization in between."[22] We have no protection of the laws, the essence of civilization. We live under the divine right of the Judiciary at the discretion of the Judges, the Prosecutors, the Police and any “persons -- governmental or otherwise -- who were integral parts of their judicial process.”
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.
Thursday, December 23, 2010
David G. Jeep
c/o The Bridge
1610 Olive Street, Saint Louis, MO 63103-2316
E-Mail Dave@DGJeep.com (preferred)
Voice mail (314) 514-5228
David G. Jeep
cc: file
[5] Amendment I “the right of the people… to petition the Government for a redress of grievances”
[7] Ya think???? “absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process” Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[9] “States can discipline federal prosecutors, rarely do” USA Today Updated 12/8/2010 11:04 PM
[13] Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” currently on file in the Supreme Court clerk’s office, 8th District Court of appeals Appeal: 10-1947, U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM -- State Court Case No.: 03FC-10670M, Missouri Court of Appeals Eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 & State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).
[15] 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, 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.
[16] Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment i.e., probable cause.
[17] Amendment I “the right of the people… to petition the Government for a redress of grievances”
[19] Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”
[21] Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871)(origination), Pierson v. Ray, 386 U.S. 547 (1967) (Judges), Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutors) and NOW “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.” Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[22] Oscar Wilde Irish dramatist, novelist, & poet (1854 - 1900)