The DENIAL of Due Process,
"To Kill a Mockingbird"
I sometimes feel like the waif in "The Emperor's New Cloths"
AM I THE ONLY ONE THAT CAN SEE IT??
"A country in which nobody is ever really responsible is
Saturday, February 25, 2012, 1:02:29 PM
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.
I use the example of Harper Lee's "To Kill a Mockingbird" because the facts of the admittedly fictionalized case are well known though not without standing. A lot of people ask "what rights was Tom Robinson denied?"[4] Tom Robinson was denied Justice in the form of the denial of Due Process of Law.
Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?
The sheriff, the prosecutor and the Judge 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… 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."[5] The ENDS of Justice REQUIRE the good faith efforts of those involved.
Tom Robinson was denied the good faith efforts of those constitutionally responsible for the administration of our system of JUSTICE, the sheriff, the prosecutor and the Judge. They should have all worked in UNISON to do "their duty to refrain from improper methods calculated to produce a wrongful conviction"[6] and exposed the inconsistent FRAUDULENT racially biased allegations for the bold face FRAUD that it was "before out of court"[7] so as to avoid for "We the People" "vexatious actions"[8] or "continual Calumniations."[9]
BEFORE Tom Robinson, Mr. Thompson, Mr. Smith, Mr. Cain, Mr.al-Kidd, Mrs. Millender MYSELF or possibly 4 out of five people in our prisons[10] were persecuted
and WELL before being brought to TRIAL.
Tom Robison should never have EVEN been brought to TRIAL!!!!!!!!!! The same can be said of the admitted CORRUPT, MALICIOUS, DISHONEST and INCOMPETENT[11] ARREST and persecutions of Mr.Thompson "denial of Due Process" (Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011), Mr. Smith "denial of Due Process" (SMITH v. CAIN, WARDEN, CERTIORARI TO THE CRIMINAL DISTRICT COURT OF LOUISIANA, ORLEANS PARISH, No. 10–8145. Argued November 8, 2011—Decided January 10, 2012), Mr.al-Kidd "fraud upon the court" (Ashcroft v. al-Kidd No. 10–98 Decided May 31, 2011) Mrs. Millender "overreaching search warrant" (Messerschmidt et al. v. Millender No. 10-704, Decided February 22, 2012) and myself (USCA8 No. 11-2425 David G. Jeep, Petitioner v. Barack H. Obama, President of the United States, et al. Petition for a writ of certiorari No. 11-8211)
The sheriff, the prosecutor and the Judge have pretrial professional responsibility/ "duty to refrain from improper methods calculated to produce a wrongful conviction"[12] in ALL CASES to investigate the credibility of the allegation to avoid "vexatious actions"[13] or "continual Calumniations"[14] for "We the People."
How can the Supreme Court, a delegated authority, acting under a constitutional commission award themselves and others "absolute immunity"[15] from said constitutional commission to "do not only what their powers do not authorize, but what they forbid"[16] i.e., the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America?"[17]
We the People have fallen under the despotic[18] spell of the concentrated power[19] in the Supreme Court that condones ABSOLUTE IMMUNITY for the "malicious or corrupt" judges,[20] the "malicious or dishonest" prosecutor, [21] the "knowingly false testimony by police officers"[22] and "all (malicious, corrupt, dishonest and incompetent[23]) persons -- governmental or otherwise -- who were integral parts of the judicial process" [24] acting under color of law.
See Petition for a Writ of Certiorari 11-8211 Jeep v. Obama
I sometimes feel like the waif in "The Emperor's New Cloths."
AM I THE ONLY ONE THAT CAN SEE IT??
ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[25] in a government of free and equal persons on THIS PLANET!!!!!
ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by any standard of Justice, law and equity, in a government of the people, by the people and for the people on THIS PLANET!!!!!
The ministerial[26] grant of "Absolute Immunity,"[27] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and "unlawful Conspiracy"[28] "before out of Court"[29] to obfuscate "false and malicious Persecutions."[30]
"Immunity is given to crime, and the records of the public tribunals are searched in vain for any evidence of effective redress." "The courts are in many instances under the control of those who are wholly inimical to the impartial administration of law and equity." I say it NOW, 2011!!! Justice William O. Douglas said it in 1961 and 1967. [31] Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[32].
Impeach the current Black Robed Royalist Supreme Court FIVE[33]
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice[34] and
"fraud upon the court."
Before they have a chance to screw-up Healthcare for
100 years!!!!!!
Impeach the current Supreme Court FIVE for verifiable NOT "good Behaviour,[35]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right to a redress of grievances,[36] with their deprivation of substantive 7th Amendment[37] justice between the government and the people, Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011 and "fraud upon the court" with Ashcroft v. al-Kidd No. 10–98 Decided May 31, 2011!!!
The Right of Petition is the right to substantive justice between the government and the people. We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[38]" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[39] e.g., "To Kill a Mocking Bird, The Denial of Due Process,"[40] "The Exclusionary Rule," "Grounds for Impeachment."
Most of the 99% of Americans have not had the pleasure and are silently intimidated by the prospect of being dragged through our corrupt COURTS kicking and screaming!!!!!! I have been kicking and screaming for nearly 8 years. I have suffered through 411 days of illegal incarceration, 4 years of homelessness and two psychological examinations. I ask you to review Jeep v Obama 8th Circuit Court of Appeals case #11-2425, Jeep v United States of America 10-1947," Jeep v Bennett 08-1823, "Jeep v Jones 07-2614, and the most humble Petition for a Wirt of Certiorari to the Supreme Court 07-11115."
I have referenced "To Kill a Mocking Bird, The Denial of Due Process," in several of my papers, I do so only because the facts of the case in "To Kill a Mocking Bird" are generally known. The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[41] Mr. Smith (No. 10-8145), [42] Mr. al-Kidd (No. 10–98)[43] and myself (USCA8 No. 11-2425).[44] The fact that "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners"[45] PROVES IT !!!!!!!!!!!!
DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Saturday, February 25, 2012, 1:02:29 PM, 0000 Blank Issue Paper REV 00.doc
[1] "And if you think that is a national problem, consider that the United States is by far the World's greatest power; it is not accountable to its own people for its abuses of power, and that abuse of power flows freely into international circles. Given that reality, there is not a nation in the world that should not fear us in the same way that a reasonable person fears a child with a gun." 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM e.g., George Bush's false representations of Weapons of Mass Destruction in Iraq, "The Prosecution of George W. Bush for Murder" by Famed prosecutor Vincent Bugliosi - Underlining and parenthetical text added for emphasis.
[2] "Damages" By Dahlia Lithwick, Slate, posted Monday, Aug. 8, 2011, at 7:22 PM ET underlining and foot note added
[3] Mr. Thompson in the New York Times in response to the Supreme Court's ruling in Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[4] A widely searched QUESTION on the internet, I use only because everyone is familiar with the facts of the case. It could be just as well Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011, Smith v. Cain, No. 10-8145, Ashcroft v. al-Kidd No. 10–98 Decided May 31, 2011, Messerschmidt v. Millender, No. 10-704 or USCA8 #07-2614, #08-1823, #10-1947 and Writ of Certiorari to the Supreme Court #07-11115
[5] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)
[6] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)
[7] Lord Coke, Floyd and Barker (1607) "extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do"
[8] Bradley v. Fisher, 80 U.S. 335 (1871), Page 80 U. S. 349
[9] Floyd and Barker (1607)
[10] The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571), Mr. Smith (No. 10-8145), Mr. al-Kidd (No. 10–98) and myself (USCA8 No. 11-2425). The fact that "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" PROVES IT !!!!!!!!!!!! "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
[11] Incompetence is the most insidious and it is covered up by the grant of malice, corruption and dishonesty!!!!
[12] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)
[13] Bradley v. Fisher, 80 U.S. 335 (1871), Page 80 U. S. 349
[14] Floyd and Barker (1607)
[15] "In short, the common law provided 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 (parenthetical non italic text added for clarity)
[16] Alexander Hamilton June of 1788 at the ratification of the Constitution for the United States of America, The Federalist Papers No. 78, "The Judiciary Department"
[17] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985 The absence of exigent circumstances should be noted.
[18] Montesquieu in his "De l'Espirit des Lois" (1748) (The Spirit of the Law) defines three main kinds of political systems: republican, monarchical, and despotic. Driving each classification of political system, according to Montesquieu, must be what he calls a "principle". This principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democratic republics (and to a somewhat lesser extent for aristocratic republics), this spring is the love of virtue -- the willingness to put the interests of the community ahead of private interests. For monarchies, the spring is the love of honor -- the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler. We the People have currently despotic system in that we have NO enforceable rights in America TODAY!!!!!!!!!!
[19] "All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or certainty of corruption by full authority. There is no worse heresy than that the office sanctifies the holder of it." Lord Acton, John Emerich Edward (1949), Essays on Freedom and Power, Boston: Beacon Press, p. 364
[20] Bradley v. Fisher, supra, 80 U. S. 335, 80 U. S. 349, note, at 80 U. S. 350, Pierson v. Ray, 386 U. S. 57 (1967) Judicial ABSOLUTE IMMUNITY is based on a skewed reading, overlooking the noted exception that absolute ANYTHING creates, of Lord Coke, Floyd and Barker (1607) ruling from an acknowledged CORRUPT court, the Star Chamber.
[21] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[22] Briscoe v. LaHue, 460 U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[23] Incompetence is the most insidious and it is covered up by the gratuitous grant of malice, corruption and dishonesty!!!!
[24] Briscoe v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons -- governmental or otherwise -- who were integral parts of the judicial process"
[25] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered. I have been forced into homelessness for FOUR YEARS! The 1st Amendment secures the constitutional right to a lawfully un-abridge-able redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances." The 7th Amendment's secures the right to settle all disputes/suits: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law" assures justice as regards equity.
[26] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law. For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[27] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[28] Lord Coke Floyd and Barker (1607) "Judge or Justice of Peace: and the Law will not admit any proof against this vehement and violent presumption of Law, that a Justice sworn to do Justice will do injustice; but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy."
[32] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[34] The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
[35] Article III Section 1 the Constitution for the United States of America "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour" Yes it is spelled wrong in the Constitution
[36] 1st Amendment, "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."
[37] Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
[38] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[40] Mr. Hoar of Massachusetts stated: "Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently, and as a rule, refuse to extend that protection. If every sheriff in South Carolina (or now the State of Missouri) refuses to serve a writ for a colored man, and those sheriffs are kept in office year after year by the people of South Carolina (or now the State of Missouri), and no verdict against them for their failure of duty can be obtained before a South Carolina (or now the State of Missouri) jury, the State of South Carolina (or now the State of Missouri), through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina (or now the State of Missouri) constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens. " Cong.Globe, 42d Cong., 1st Sess. p. 334.( Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 177) Senator Pratt of Indiana spoke of the discrimination against Union sympathizers and Negroes in the actual enforcement of the laws: "Plausibly and sophistically, it is said the laws of North Carolina (or now the State of Missouri) do not discriminate against them; that the provisions in favor of rights and liberties are general; that the courts are open to all; that juries, grand and petit, are commanded to hear and redress without distinction as to color, race, or political sentiment." "But it is a fact, asserted in the report, that of the hundreds of outrages committed upon loyal people through the agency of this Ku Klux organization, not one has been punished. This defect in the administration of the laws does not extend to other cases. Vigorously enough are the laws enforced against Union people. They only fail in efficiency when a man of known Union sentiments, white or black, invokes their aid. Then Justice closes the door of her temples." Cong.Globe, 42d Cong., 1st Sess. p. 505. (Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 178) non italic parenthetical text added fro clarity.
[44] See also USCA8 #07-2614, #08-1823, #10-1947 and Writ of Certiorari to the Supreme Court #07-11115
[45] "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" and you have the moronic audacity to ask why???? "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
Thanks in advance
To Kill a Mocking Bird, The Denial of Due Process
"agere sequitor esse"
"Time is of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
E-mail is preferred Dave@DGJeep.com, DGJeep@DGJeep.com
(314) 514-5228
David G. Jeep
c/o The Bridge
1610 Olive Street,
Saint Louis, MO 63103-2316
