Obama and the AP Assertions
Internationally Asserted Basic Human Rights,[1]
The Constitution for the United States of America[2]
and Statute Law[3] are IGNORED
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
a country in which nobody[4] is
ever truly safe."[5]
Monday, June 03, 2013, 10:47:14 AM
"The Prosecution Rests, but I Can't"[6]
Connick, District Attorney, et al. v.
Thompson No. 09–571 Decided March 29, 2011
Leaking confidential information is and has to be a punishable crime. This is or should be obvious to anyone believing in Rights and Justice. EVERYONE agrees? Now whether it is punished by a death in terms of treason, civil settlement on a book deal or time in jail it is all an issue for a JURY.
But
given that leaking information is a CRIME, to say that you cannot investigate
the journalist, without the intention of prosecuting journalist, is like
saying you can't look at the evidence, scene of the crime. By
the inherent nature of a criminal leak it requires that the recipient, the
journalist, the evidence… the scene of the crime, be a part of any
investigation. There was a reason "deep throat" always wanted
to meet in parking garages to AVOID criminal prosecution. Leaks can and
SHOULD happen without the use of traceable communications. And leaks
should only happen in on issues of great import, "deep throat."
Of
course We the People do not have Rights and
Justice in the United States of America. Justice in America TODAY is
subject to the absolute power of the judiciary empowered by their absolute
immunity.
Impeach
the current Supreme Court FIVE for verifiable NOT "good Behaviour,[7]"
denying the establishment of justice and abridging a Constitutionally secured
and congressionally un-abridge-able right to a redress of grievances,[8] with
their deprivation of substantive 7th Amendment[9] justice
between the government and the people, Connick,
District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011,
"fraud upon the court" with Ashcroft
v. al-Kidd No. 10–98 Decided May 31, 2011 and Denial of Due
Process Jeep v. Government of the United States Eight Circuit Court of Appeals
13-2200!!!
Supreme
Court precedent empowers the "malicious or corrupt" judges by
saying, "This immunity applies even when the judge is accused of acting
maliciously and corruptly" (Scott v. Stansfield, L.R. 3 Ex. 220, 223
(1868), quoted in Bradley v. Fisher, supra, 80
U. S. 349, note, at 80
U. S. 350.) Pierson
v. Ray, 386 U.S. 554 (1967)
Supreme
Court precedent empowers the "malicious or dishonest" prosecutor by
saying, "To be sure, this immunity does leave the genuinely wronged
defendant without civil redress against a prosecutor whose malicious or
dishonest action deprives him of liberty." Imbler
v. Pachtman, 424 U.S. 428 (1976)
Supreme
Court precedent empowers the "knowingly false testimony by police
officers" by saying, "There is, of course, the possibility that,
despite the truthfinding safeguards of the judicial process, some defendants
might indeed be unjustly convicted on the basis of knowingly false testimony by
police officers." Briscoe
v. LaHue, 460 U.S. 345 (1983)
Supreme
Court precedent empowers by saying "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.
It is equally clear that § 1983 does not authorize a damages claim against
private witnesses, on the one hand, or against judges or prosecutors in the
performance of their respective duties, on the other." Briscoe
v. LaHue, 460 U.S. 335 (1983)
We
the People have fallen under the despotic[10] spell
of the concentrated power[11] in
the Supreme Court that has created ABSOLUTE POWER[12] from ABSOLUTE
IMMUNITY for the "malicious or corrupt" judges,[13] the
"malicious or dishonest" prosecutor, [14] the
"knowingly false testimony by police officers"[15] and
"all (malicious, corrupt, dishonest and incompetent[16]) persons
-- governmental or otherwise -- who were integral parts of the judicial
process" [17] acting under
color of law to wit, ABSOLUTE CORRUPTION.[18]
The
original court order at the center and inception of this issue, in 2003,
was NOT "a facially valid court order"[19] the
issuing Judicial Officer did not have "probable cause, supported by Oath
or affirmation"[20] for
the stated charge[21] and
thus it was "taken in a complete absence of all jurisdiction."[22] Clearly
to any facially[23] reckonable[24] reading
of Due Process rights, reasonable probable cause is a prerequisite for
government action/jurisdiction. There are "absolutes" in our
Bill of Rights, and they were put there on purpose by men who knew what
the words meant and meant their prohibitions to be "absolutes."[25]
In
the 9.58 years[26] since
there has never been any mention of "exigent circumstances" nor
"good faith" mistakes there for the order stands on its own as
brazenly NOT "a facially valid court order."[27]
Since the civil domestic issue has been ongoing for 9.58 years it is, as it was
for Bivens, "damages or nothing."[28]
Since 2003 the Commissioner Jones and the original petitioner Sharon G. Jeep
both contradicted their original assertions, although neither took the
"Good Faith" requisite of RESPONSIBILITY!!! If you deny this
petition you are again putting the rule of corrupt judges in front of
the facially[29] reckonable[30] rule
of We the People 's law. You have done it before[31] and
you probably will again unless We the People rise up in
rebellion.
I
again quote Justice Hugo Black:
"The
Fourth Amendment provides:
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."
The
use of the word "unreasonable" in this Amendment means, of course,
that not all searches and seizures are prohibited. Only those which
are unreasonable are unlawful. There may be much difference of
opinion about whether a particular search or seizure is unreasonable and
therefore forbidden by this Amendment. But if it is unreasonable, it
is absolutely prohibited.
Likewise,
the provision which forbids warrants for arrest, search or seizure without
"probable cause" is itself an absolute prohibition." [32]
he warrant/Order issues by the
Judge and order heard by Commissioner on its face was unreasonable because it
lacked "probable cause" for the stated charge.[33]
Now
if you could somehow get past the constitutional requirement for REASONABLE
probable cause, which you cannot. The 8th Amendment's requirement
that "nor cruel and unusual punishments inflicted" for
an alleged, later disproven, misdemeanor traffic violation precludes the
imposed punishment, the deprivation of my home, my son, my paternity and my
liberty.
The Rule of
Law, as described by Chief Justice John Marshal in Marbury v. Madison, the
seminal Supreme Court case said, "The Government of the United States has
been emphatically termed a government of laws, and not of men. It will
certainly cease to deserve this high appellation if the laws furnish no
remedy for the violation of a vested legal right."[34]
Of
course the 1st Amendment's lawfully un-bridge-able right "to petition the
Government for a redress of grievances" the right to sue the
sovereign/government for a justifiable grievance under Article III and the 7th
Amendment as timely and explicitly made precedent by Mr. Chief Justice
MARSHALL in Marbury v. Madison, 5 U.S. 163 (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."
In
the third volume of his Commentaries, page 23, Blackstone states two cases in
which a remedy is afforded by mere operation of law.
"In
all other cases," he says,
"it
is a general and indisputable rule that where there is a legal right, there is
also a legal remedy by suit or action at law whenever that right is invaded."
And afterwards, page 109 of the
same volume, he says,
"I
am next to consider such injuries as are cognizable by the Courts of common
law.[36] And
herein I shall for the present only remark that all possible injuries
whatsoever that did not fall within the exclusive cognizance of either the
ecclesiastical, military, or maritime tribunals are, for that very reason,
within the cognizance of the common law courts of justice, for it is a settled
and invariable principle in the laws of England that every right, when
withheld, must have a remedy, and every injury its proper redress."
The Founding
Fathers, the Authors of the constitution, had lived for too long at the
discretion of the Nobility's[37] absolute
immunity with "no remedy for the violation of a vested legal right"
and sought to establish a reckonable[38] Rule
of Law to replace the Rule of the Nobility's absolute immune
prerogative. The Rule of Law is meaningless if the ubiquitous absolute
immunity[39] that
empowered the Rule of the Nobility in pre-revolutionary times is
allowed to circumvent the Rule of Law. The Rule of Law is therefore, by
definition, irreconcilably opposed to absolute immunity. There can be
no Rule of Law if the law can be circumvented by absolute immunity.
I
can prove my competency; I dare say your asserted unimpeachable incorporated
competency could not sustain your unreasonable absolute immunity in a common
law 7th Amendment controversy.
The immediate issue for the
writer revolves around the Jane Crow era in Family Law, where a man's rights
are secondary to the rights of any woman that can feign tears:
The
"Jane Crow" Era, "It doesn't take a cynic to point out that when
a woman is getting a divorce, what she may truly fear is not violence, but
losing the house or kids. Under an exparte order of protection, if she's
willing to fib to the judge and say she is "in fear" of her
children's father, she will get custody and money and probably the house."
A fait
accompli, "A man against whom a frivolous exparte order of protection has
been brought starts to lose any power in his divorce proceeding. They do
start decompensating, and they do start to have emotional issues, and
they do start developing post-traumatic stress disorders. They keep replaying
in their minds the tape of what happened to them in court. It starts this whole
vicious downward cycle. They've been embarrassed and shamed in front of their
family and friends, unjustly, and they totally lose any sense of self-control
and self-respect. They may indeed become verbally abusive. It's difficult for
the court to see where that person was prior to the restraining
order." "The
Booming Domestic Violence Industry" - Massachusetts News, 08/02/99, By
John Maguire, Hitting
below the belt Monday, 10/25/99 12:00 ET, By Cathy Young, Salon
- Divorced
men claim discrimination by state courts, 09/07/99, By Erica Noonan,
Associated Press, Dads
to Sue for Discrimination, 08/24/99, By Amy Sinatra, ABCNEWS.com, The
Federal Scheme to Destroy Father-Child Relationships, by Jake Morphonios,
02/13/08.
Admittedly
the Jane Crow era of rampant deprivation of RIGHTS is relatively new as
compared to its predecessor the Jim Crow era. 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
have referenced "To Kill a Mocking Bird, The Denial of Due Process,"
in several of my papers. I do so only because the admittedly
fictionalized facts of the case in "To Kill a Mocking Bird" are
generally known but not without standing Jane Crow era. If the Sheriff
Tate had investigated the accusations of Mayella Ewel, he would have seen them
for the racially motivated baseless accusation against a crippled man of good
character that they were. How could the crippled Tom Robinson
been able to do the things he was accused of? If Horace Gilmer the
prosecuting attorney had actually looked at the evidence Atticus presented
instead of blindly pushing the perjured racially biased testimony of the Ewels
he would have offered to dismiss the charges. If Judge Taylor had any of
the altruistic, supposedly independent, courage that our judiciary[40] is
based on, he would have dismissed the charge as vexatious[41] or
calumnious[42] so
as not to offend the Ends of Justice that should have been his
PRIMARY motivation.
Tom
Robinson was convicted because of the deliberate indifference to his right
to JUSTICE under fair Due Process of law as required and asserted in
the Constitution for the United States of America –
the preamble to establish justice, secure the blessings of
liberty to ourselves and our posterity, Article III, §1 &
2, Article. VI, 2nd Paragraph and the 14th Amendment.
Atticus
should not have had to say a word, just present the evidence of a crippled
since childhood man. The Sherriff, the Prosecutor and the Judge are all
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, the
Sherriff, the Prosecutor and the Judge are in a peculiar and very definite
sense the servants of the law, the two-fold aim of which is that guilt shall not
escape or innocence suffer. The Sherriff and the Prosecutor 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 they're
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 (MOST everyday people), in a greater or less degree,
has confidence that these obligations, which so plainly rest upon the
judiciary, prosecuting attorney, and sheriff 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. (paraphrased slightly from Berger
v. United States, 295 U.S. 88 (1935))
Judges
by definition in We the People 's system are there to independently
and altruistically enforce fair Due Process of law on the Sherriff, the
Prosecutor and the defendant as necessary to the ends of justice.[43]
How
can the malice, corruption, dishonesty and incompetence[44] condoned
and supported by Supreme Court precedent be constitutional in a SANE government
of the people, by the people and for the people?
This is a massive malicious, corrupt, dishonest and
incompetent[45] self-serving
conspiracy against rights!!!
Historically,
the claim of precedent and / or consensus has been the first refuge of
scoundrels; it is a way to avoid debate by claiming that the matter is already
settled. Absolute Immunity even in the supreme Court has NEVER been
established without, in most cases, multiple dissenting opinions.
To assume that the founding
fathers, who had enacted the Constitution of the United States of America as
the supreme Law of the Land, intended sub silentio to exempt[46] ANYONE,
all evidence to the contrary, especially those tasked with judicial,[47] prosecutorial[48]and
enforcement[49] power
from its paramount binding authority is an incredible fantastic or delusional
scenario.[50]
"Facts do not
cease to exist because they are ignored."[51]
This embarrasses
the future and the past[52]
here are no royal absolutely
immune ruling persons/class in this country i.e., no titles of nobility.[53] We
the People incorporated ourselves, in 1788, into a government of the
people, by the people and for the people to secure the Blessings of Liberty to
ourselves and our Posterity with a lawfully un-abridge-able right of the people
to justifiably petition the Government for a redress of grievances.[54]
How can the Supreme
Court, a delegated authority, acting under a sworn to constitutional
commission award themselves and others "absolute immunity"[55] from
their constitutional commission to "do not only what their powers do not
authorize, but what they forbid"[56] i.e., the
"deprivation of any rights, privileges, or immunities secured by the
Constitution and laws of the United States of America?"[57] by
DENYING the constitutional assurance of governmental accountability with
1st and 7th Amendment Justice, law and equity?[58]
See Petition for a
Writ of Certiorari 11-8211
Jeep v. Obama
and
#12-2435
Jeep v Government of the United States of America
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,[59] 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[60] grant
of "Absolute Immunity,"[61] by
and for ministers, is a massive, at the highest levels, ministerial,
unconstitutional an "unlawful Conspiracy"[62] "before
out of Court"[63] to
obfuscate "false and malicious Persecutions."[64]
"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, Monday,
June 03, 2013!!! Justice William O. Douglas said it in 1961 and 1967. [65]
Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally
in 1871[66].
Impeach[67] the
current Black Robed Royalist Supreme Court FIVE[68]
for condoning the
denial of a Constitutionally secured and congressionally un-abridge-able right
to justice[69] and
"fraud upon
the court."
Before they have a
chance to screw-up Healthcare for
100 years!!!!!!
Judicial modesty is one of the
best possible qualifications for a Supreme Court Justice, a position that
offers so much untrammeled power and brings so much temptation along with it.
Anyone that questions this
should read "INHERENTLY
UNEQUAL, The Betrayal of Equal Rights by the Supreme Court, 1865-1903"
by Lawrence Goldstone and / or The
shifting wind : the Supreme Court and civil rights from Reconstruction to Brown by
John R. Howard. "With
5% of the world's population, our country now houses nearly 25% of the world's
reported prisoners."[70] "Six
million people are under correctional supervision in the U.S.—more than were in
Stalin's gulags."[71]
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"[72]"
for the "deprivation of any rights, privileges, or immunities secured by
the Constitution and laws of the United States of America"[73] e.g.,
"To Kill a Mocking Bird, The Denial of Due Process,"[74] "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 9 years.[75]
I have suffered through 411 days of illegal incarceration, 5 years of
homelessness and two psychological examinations. I ask you to
review 8th Circuit Court of Appeals case Jeep v Government of the
United States of America 12-2435, Jeep v Obama 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 and 11-8211."
We
hold a "4-Year-Old
Can Be Sued."[76]
We can bail out the automakers to the tune of $75-$120+ billion. [77]
We can spend $1.3 trillions and rising on an attempt at nation building in Iraq
and Afghanistan. [78]
We can make-work to stimulate the economy with $787 billion. [79]
We can bail out the Banks to the tune of $2.5 Trillion. [80]
But we cannot AFFORD to even consider the possibility of negligence, malice and
corruption of "our chief justice (judges), our officials (prosecutors), or
any of our servants (law enforcement)" [81]
and compensate the victims?
That is INSANITY!!!!!!!!!!!!!
The abuses are
happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[82] Mr.
Smith (No. 10-8145), [83] Mr.
al-Kidd (No. 10–98)[84] and
myself (USCA8 No. 12-2435, 11-2425, 10-1947, 08-1823 and 07-2614).[85]
The fact that "With
5% of the world's population, our country now houses nearly 25% of the world's
reported prisoners"[86] PROVES
"We the People " have NO ENFORCEABLE RIGHTS IN America
today!!!!!!!!!!!!
Evidence
as posted on this blog
Petitions
for a Writ of Certiorari to the Supreme Court 07-11115 and 11-8211
DGJeep "The Earth and
everything that's in it" (www.dgjeep.blogspot.com)
Monday, June 03,
2013, 10:47:14 AM,
David G. Jeep
c/o The Bridge,
1610 Olive Street, Saint Louis, MO 63103-2316
E-Mail Dave@DGJeep.com (preferred) www.DGJeep.blogspot.com
(314) 514-5228
[1] "The
International Covenant on Civil and Political Rights" adopted by the
United Nations on 12/16/66, and signed by the United States on October 5,
1977 - PART II, Article 2, Section 3. "Each State Party to the
present Covenant undertakes: (a) To ensure that any person whose rights or
freedoms as herein recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons
acting in an official capacity;
(b) To ensure that any person
claiming such a remedy shall have his right thereto determined by competent
judicial, administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop the
possibilities of judicial remedy; (c) To ensure that the competent authorities
shall enforce such remedies when granted."
[2] The Supremacy clause, Article
VI § 2 of the Constitution for the United States of America, "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, any Thing
in the Constitution or Laws of any State to the Contrary notwithstanding."
[3] Congress passed the §
2 of the 1866 Civil Rights Act (Title Criminal 18
U.S.C. § 241 & 242) over the Veto of President Andrew Johnson, March
27, 1866. An excerpt from his remarks attached to his veto "This
provision of the bill seems to be unnecessary.. without invading the immunities of…
the judiciary, always essential to the preservation of individual
rights; and without impairing the efficiency of ministerial officers,
always necessary for the maintenance of public peace and order." "It
is, therefore, assumed that… the State courts who should render judgments in
antagonism with its terms, and that marshals and sheriffs who should as
ministerial officers execute processes sanctioned by State laws and
issued by State judges in execution of their judgments, could be brought before
other tribunals and there subjected to fine and imprisonment, for the
performance of the duties which such State laws might impose."
[4] "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.
[5] "Damages" By Dahlia Lithwick, Slate,
posted Monday, Aug. 8, 2011, at 7:22 PM ET underlining and foot note
added
[6] 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
[7] 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
[8] 1st Amendment, "Congress shall make no law abridging
the right of the people to petition the Government for a redress of grievances."
[9] 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.
[10] 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!!!!!!!!!!
[11] "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
[12] "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 the certainty of corruption by authority. There is no worse heresy
than that the office sanctifies the holder of it." Lord Acton in a letter
he wrote to scholar and ecclesiastic Mandell Creighton, dated April 1887.
[13] 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.
[14] Imbler
v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE
IMMUNITY
[15] Briscoe
v. LaHue, 460 U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[16] Incompetence is the most insidious and it is covered up by
the gratuitous grant of malice, corruption and dishonesty!!!!
[17] Briscoe
v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for
"all persons -- governmental or otherwise -- who were integral parts of
the judicial process"
[18] "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 the certainty of corruption by authority. There is no worse heresy
than that the office sanctifies the holder of it." Lord Acton in a letter
he wrote to scholar and ecclesiastic Mandell Creighton, dated April 1887.
[19] Penn v. U.S. 335 F.3d 786 (2003)
[20] The Fourth Amendment of the United
States Constitution:
"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."
[21] Missouri Revised Statutes Chapter
455, Abuse—Adults and Children—Shelters and Protective Orders Section 455.035,
where he is tasked by statute to "for good cause shown in the
petition", issued a warrant without any probable cause.
A Judges' power is necessarily limited by the Constitution and statute. A
Judge can not issue a warrant without probable cause. Not only did the
petition for an Ex-Parte Order of protection not list any abuse, what it did list
was third party description of an incident in traffic court that was being
handled by another geographical JURISDICTION, 150 miles away and different
subject matter jurisdiction by a judicial officer that subsequently recused
himself for his bad act.
For a Judge to even list
it as a probable cause violated the respondents right to the elementary
principles of procedural due process.
[22] Mireles v. Waco,502 U.S. 9, 11-12,
112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam)
[23] Penn v. U.S. 335 F.3d 786 (2003)
[24] "reckonability" is a
needful characteristic of any law worthy of the name." Antonin
Scalia: The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175,
1175-81 (1989)
[25] Hugo Black is Associate Justice of
the Supreme Court. This article was delivered as the first James Madison
Lecture at the New York University School of Law on February 17, 1960.
Reprinted from NEW YORK UNIVERSITY LAW REVIEW, Vol. 35, April, 1960.
[26] As of Saturday June 01, 2013
12:05.68 PM
[27] Penn v. U.S. 335 F.3d 786 (2003)
[28] Bivens v. Six Unknown Fed.
Narcotics Agents, 403 U.S. 410 (1971) " Finally, assuming Bivens'
innocence of the crime charged, the "exclusionary rule" is simply
irrelevant. For people in Bivens' shoes, it is damages or nothing."
[29] Penn v. U.S. 335 F.3d 786 (2003)
[30] "reckonability" is a
needful characteristic of any law worthy of the name." Antonin
Scalia: The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175,
1175-81 (1989)
[31] Civil
Rights Cases, 109 U.S. 3 (1883) "The opinion in these cases
proceeds, it seems to me, upon grounds entirely too narrow and artificial. I
cannot resist the conclusion that the substance and spirit of the recent
amendments of the Constitution have been sacrificed by a subtle and ingenious
verbal criticism.
"It is not the words of
the law, but the internal sense of it that makes the law; the letter of the law
is the body; the sense and reason of the law is the soul.""
[32] Hugo Black is Associate Justice of
the Supreme Court. This article was delivered as the first James Madison
Lecture at the New York University School of Law on February 17, 1960.
Reprinted from NEW YORK UNIVERSITY LAW REVIEW, Vol. 35, April, 1960.
[33] Missouri Revised Statutes Chapter
455, Abuse—Adults and Children—Shelters and Protective Orders Section 455.035,
where he is tasked by statute to "for good cause shown in the
petition", issued a warrant without any probable cause.
A Judges' power is necessarily limited by the Constitution and statute. A
Judge can not issue a warrant without probable cause. Not only did the
petition for an Ex-Parte Order of protection not list any abuse, what it did
list was third party description of an incident in traffic court that was being
handled by another geographical JURISDICTION, 150 miles away and different
subject matter jurisdiction by a judicial officer that subsequently recused
himself for his bad act.
For a Judge to even list
it as a probable cause violated the respondents right to the elementary
principles of procedural due process.
[34] Marbury
v. Madison, 5 U.S. 163 (1803)
[35] Marbury
v. Madison, 5 U.S. 163 (1803)
[36] 7th Amendment "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."
[37] There are TWO constitutional
prohibitions for the grant of Nobility i.e., "Absolute Immunity,"
Article 1, Section 9, 7th paragraph "No Title of Nobility shall be
granted by the United States" and Article 1, Section 10, 1st paragraph
"No State shall… grant any Title of Nobility." Additionally I
cite Alexander Hamilton, FEDERALIST No. 84, "Certain General and
Miscellaneous Objections to the Constitution Considered and Answered" From
McLEAN's Edition, New York. Wednesday, May 28, 1788 as further timely
clarification of the supreme law of the land:
"Nothing need be said to
illustrate the importance of the prohibition of titles of nobility(i.e.,
absolute immunity). This may truly be denominated the corner-stone of
republican government; for so long as they are excluded, there can never be
serious danger that the government will be any other than that of the people."
You some how want to argue that
"the grant of Nobility" was about something other than the ROYAL
Status of IMMUNITY. You want to argue that hereditary property rights were
linked to a Colonial interpretation of Nobility? That would undermine
Free-Enterprise.
[38] "reckonability" is a
needful characteristic of any law worthy of the name." Antonin
Scalia, ibid.
[39] After NINE years of Good
Faith appeals, the issues of undeclared exigent circumstances and
or Good Faith immunity are no longer available.
[40] Our Federal Judiciary, "The
Judges, both of the supreme and inferior Courts, shall hold their Offices
during good Behaviour, and shall, at stated Times, receive for their Services a
Compensation, which shall not be diminished during their Continuance in
Office." so as to empower them to answer to Justice ALONE.
[41] Bradley v. Fisher, 80 U.S. 349
(1871) "The public are deeply interested in this rule, which indeed exists
for their benefit and was established in order to secure the independence of
the judges and prevent them being harassed by vexatious actions," in all
cases it is the judiciary's responsibility to avoid "vexatious" or
calumnious actions to the best of their ability not concede to their
inevitability. "Vexatious" or calumnious actions are hazards in
any human endeavor,
[42] Floyd and Barker (1607) "And
those who are the most sincere, would not be free from continual
Calumniations," in all cases it is the judiciary's responsibility to avoid
"vexatious" or calumnious actions to the best of their ability not
concede to their inevitability. "Vexatious" or calumnious
actions are hazards in any human endeavor,
[43] "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."
[44] Incompetence
is the most insidiuos and it is covered up by the gratuitous grants of
dishoesty, malice andcorruption. As regards state Prosecutors, "States
can discipline federal prosecutors, rarely do" 12/08/2010 USAToday by Brad Heath & Kevin McCoy ("Federal
prosecutors series"). The "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."
As regards law
enforcement "Convicted
defendants left uninformed of forensic flaws found by Justice Dept."
By Spencer
S. Hsu, The
Washington Post published: April 16, 2012, The Washington Post reported on
cases that demonstrate problems of COMPETENCY in forensic analysis that have
been known for nearly 40 years by the Justice
Department.
[45] Incompetence
is the most insidiuos and it is covered up by the gratuitous grants of
dishoesty, malice andcorruption. As regards state Prosecutors, "States
can discipline federal prosecutors, rarely do" 12/08/2010 USAToday by Brad Heath & Kevin McCoy ("Federal
prosecutors series"). The "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."
As regards law
enforcement "Convicted
defendants left uninformed of forensic flaws found by Justice Dept."
By Spencer
S. Hsu, The
Washington Post published: April 16, 2012, The Washington Post reported on
cases that demonstrate problems of COMPETENCY in forensic analysis that have
been known for nearly 40 years by the Justice
Department.
[46] "To assume that Congress, which had enacted a criminal
sanction directed against state judicial officials, [Footnote 2/26]
intended sub silentio to exempt those same officials
from the civil counterpart approaches the incredible. [Footnote
2/27]" Briscoe v. LaHue, 460 U.S. 363 (1983) I would assert it
a fantastic or delusional scenario!!!!!
[47] ""It is a principle of our law that no action will
lie against a judge of one of the superior courts for a judicial act, though it
be alleged to have been done maliciously and corruptly; therefore the proposed
allegation would not make the declaration good. The public are deeply
interested in this rule, which indeed exists for their benefit (HOW does the
potential denial of rights benefit We the People?) and was established in
order to secure the independence (HOW do the judges justify the denial of
the Supreme Law land there WERE TO BE BOND BY?) of the judges and prevent
them being harassed by vexatious actions"
-- and the leave
was refused" (Scott v. Stansfield, 3 Law Reports Exchequer 220) Bradley
v. Fisher, 80 U.S. 349 (1871)
[48] Supreme Court precedent empowers the "malicious or
dishonest" prosecutor by saying, "To be sure, this immunity does
leave the genuinely wronged defendant without civil redress against a
prosecutor whose malicious or dishonest action deprives him of
liberty." Imbler
v. Pachtman, 424 U.S. 428 (1976)
[49] Supreme Court precedent empowers the "knowingly false
testimony by police officers"[8] by saying, "There is, of
course, the possibility that, despite the truthfinding safeguards of the
judicial process, some defendants might indeed be unjustly convicted on the
basis of knowingly false testimony by police officers." Briscoe
v. LaHue, 460 U.S. 345 (1983)
[50] Neitzke
v. Williams, 490 U.S. 319 (1989) and Denton
v. Hernandez - 504 U.S. 25 (1992)
[51] Aldous Huxley
[52] "embarrass the future" ALBERT
W. FLORENCE, PETITIONER v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF
BURLINGTON ET ALCite as: 566 U. S. ____ (2012) 1 ROBERTS, C. J., concurring 'Embarrass
the Future'? By LINDA GREENHOUSE New York Times, Northwest
Airlines, Inc. v. Minnesota, 322 U.S. 300 (1944)
[53] There are
TWO constitutional prohibitions for the grant of Nobility i.e., "Absolute
Immunity," Article
1, Section 9, 7th
paragraph "No Title of Nobility shall be granted by the United
States" and Article
1, Section 10, 1st
paragraph "No State shall… grant any Title of Nobility."
Additionally I cite Alexander Hamilton, FEDERALIST No. 84, "Certain
General and Miscellaneous Objections to the Constitution Considered and
Answered" From McLEAN's Edition, New York. Wednesday, May 28, 1788 as
further timely clarification of the supreme law of the land:
"Nothing
need be said to illustrate the importance of the prohibition of titles of
nobility(i.e., absolute immunity). This may truly be
denominated the corner-stone of republican government; for so long as they are
excluded, there can never be serious danger that the government will be any
other than that of the people."
You some how want
to argue that "the grant of Nobility" was about something other than
the ROYAL Status of IMMUNITY. You want to argue that hereditary property rights
were linked to a Colonial interpretation of Nobility? That would undermine
Free-Enterprise.
Anyone that wants
to assertion "the prohibition of titles of nobility' was meant to be
anything more than a prohibition of theabsolute immunity of the nobility had
been allowed, need only read the Petition of Right 1628 and note the consistent
aversion to the asserted immunity of the nobility.
There is not now
and there was not then any titular value other than Royal status as immunity -
being above the law? Did NatKing Cole violate the constitution? No
one is that petty. Nobility conferred ONE-THING of interest now and then,
IMMUNITY from the RULE OF LAW!!!!!!!!!!!!!
[54] Amendment I Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
[55] "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
[56] 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"
[57] 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.
[58] Justice without regard to equity impoverishes the victim at
the expense of the evil they have suffered. I have been forced into
poverty, homelessness for FOUR YEARS! The 1st Amendment
secures the constitutional right to a lawfully un-abridge-able
justifiable 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
secures the right to settle all 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.
[59] Justice without regard to equity impoverishes the victim at
the expense of the evil they have suffered. I have been forced into
homelessness for FIVE 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.
[60] 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.
[61] "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
[62] 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."
[63] Lord
Coke Floyd
and Barker (1607)
[64] Lord
Coke Floyd
and Barker (1607)
[65] Monroe v. Pape, 365
U. S. 167 (1961) and Pierson
v. Ray, 386 U. S. 559 (1967)
[66] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[67] "And the inference is greatly fortified by the
consideration of the important constitutional check which
the power of instituting impeachments… upon the members of the judicial
department. This is alone a complete security. There never can be danger that the
judges, by a series of deliberate usurpations on the authority of the
legislature, would hazard the united resentment of the body intrusted with it,
while this body was possessed of the means of punishing their presumption, by
degrading them from their stations." Alexander Hamilton in FEDERALIST No.
81, "The Judiciary Continued, and the Distribution of the Judicial
Authority" From McLEAN's Edition, New York. Wednesday, May 28, 1788 stated
that impeachment was to be used as an integral check for "Judicial
Authority"
[68] Antonin
Scalia, Clarence
Thomas, Samuel
Alito, Anthony
Kennedy, and Chief Justice John G. Roberts in Connick,
District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[69] The redress of a justifiable grievance REQUIRES a remedy in
BOTH law and equity
[70] "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
[71] The Caging of America, Why do we lock up so many people? by
Adam Gopnik, The New Yorker, January 30, 2012
Read more http://www.newyorker.com/arts/critics/atlarge/2012/01/30/120130crat_atlarge_gopnik#ixzz2AXMzsJAs
[72] "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
[73] Title
Criminal 18, U.S.C, § 241 & 242, and Title
Civil 42 U.S.C. § 1983 & 1985
[74] 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.
[75] 9.12 years, 3,330 calendar days, 53,287 waking hours,
3,197,196 waking minutes, 191,831,788 waking waking seconds, as of
Thursday June 28, 2012 10:54:41.35 AM
[76] "4-Year-Old
Can Be Sued, Judge Rules in Bike Case" "Citing cases dating back
as far as 1928, a New York State Supreme Court Justice has ruled that a young
girl accused of running down an elderly woman while racing a bicycle with
training wheels on a Manhattan sidewalk two years ago can be sued for
negligence." Justice Paul Wooten of the New York State Supreme Court
in Manhattan, New York Times, New York edition, published: October 28, 2010, A
version of this article appeared in print on October 29, 2010, on page A24 By
Alan Feuer
[77] "Mark Zandi the chief economist at Moody's Economy.com.
"Dr. Zandi's analysis found that the cost of rescuing the industry, across
all aid programs would be at minimum $75
billion, and maybe go as high as $120 billion or more."
[78] Cost
of War in Iraq $804,350,051,831, Cost of War in Afghanistan $537,364,138,152
Total Cost of Wars Since 2001$1,341,714,189,983
Please enable
Javascript for the counter to update.
[79] "Recovery Bill Gets Final Approval" The New York Times, A version of
this article appeared in print on February 14, 2009, on page A15 of the New York edition.
[80] "Bailout
Plan: $2.5 Trillion and a Strong U.S. Hand" The New York Times, By EDMUND L.
ANDREWS and STEPHEN LABATON published: February 10, 2009
[81] Magna Carta in 1215 (§ 61)
[82] Connick, District Attorney, et al. v.
Thompson No. 09–571 Decided March 29, 2011
[83] Smith v. Cain, No. 10-8145
[84] Ashcroft
v. al-Kidd No. 10–98 Decided May 31, 2011
[85] See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of
Certiorari to the Supreme Court 07-11115&11-8211
[86] "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
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