Don't
let them throw Petition for Rehearing PWC 14-10088 out with the HOLIDAY
TRASH. MAKE SOME NOISE!!!!!!!
Petition for Rehearing
Distributed for conference November 24, 2015 PWC 14-10088 -two
days before Thanksgiving!!!!!
YOU
ONLY THINK YOU HAVE RIGHTS!!!!!!!!!!!!!! If they are deprived, the state court can claim sovereign
immunity and the Article III Federal Judiciary will ignore the 14th Amendment's
security:
"No State shall
make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws"
and
"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. When a police officer
appears as a witness, he may reasonably be viewed as acting like any other
witness sworn to tell the truth -- in which event, he can make a strong claim
to witness immunity; alternatively, he may be regarded as an official
performing a critical role in the judicial process, in which event he may seek
the benefit afforded to other governmental participants in the same proceeding."
(Briscoe v. LaHue,
460 U.S. 3335 (1983)). That is before we even get the "domestic
relations exception." Like we do not need "constitutional
security" for civil rights in "Jane Crow"[8] domestic
disputes?
Don't let them throw Petition for Rehearing PWC 14-10088 out
with the HOLIDAY TRASH. MAKE SOME NOISE!!!!!!!
Petition for Rehearing
Distributed for conference November 24, 2015 PWC 14-10088 -two
days before Thanksgiving!!!!!
My petition is a simple
"petition for redress of grievances" i.e., a 7th Amendment
claim (42 USC §1983 - §1985[1] Civil action for deprivation of rights) for civil
damages, the CORE issue is the FRAUDULENT,[2] unwarranted, unreasonable, criminal[3] & UNCONSTITUTIONAL[4] combination of two
UNRELATED infamous issues, one as probable cause for the other, into a,
"'beyond debate,'" [5] not
"facially valid court order"[6] i.e.,:
1. Exparte Order
of Protection (03FC-10670M / 03FC-12243)
2. An ALLEGED Misdemeanor
Traffic Issue (CR203-1336M)
issued or adjudicated, respectively, that is coram
non judice because of "a complete absence of all
jurisdictions."[7]
From the beginning it
has been a simple 4th Amendment deprivation of rights, to any
one not self-servingly blinded by hubris, who wanted to see. Now that it
has morphed into a 12 year struggle for the deprivation based on a "Jane
Crow"[8] non-exigent and NOT "facially
valid court order" [9] issued "in the "clear
absence of all jurisdiction""[10] that
was "sufficiently clear" that every "reasonable official
would have understood that what he is doing violates that right."[11] THAT CLEARLY, "'BEYOND
DEBATE,'" [12] MAKES
THIS ISSUE CORAM NON JUDICE.[13]
Don't let them throw Petition
for Rehearing PWC 14-10088 out with the HOLIDAY TRASH. MAKE SOME
NOISE!!!!!!!
Petition for Rehearing
Distributed for conference November 24, 2015 PWC 14-10088 -two
days before Thanksgiving!!!!!
Don't
let them throw Petition for Rehearing PWC 14-10088 out with the HOLIDAY
TRASH. MAKE SOME NOISE!!!!!!!
How can "rights,
privileges, or immunities secured by the Constitution and laws of the United
States of America" and "absolute immunity"
for the "the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws of the United States of America" BOTH
BE CONSTITUTIONAL? Martin Luther
King, Jr. knew when he said… "Nothing in the world is more dangerous than
sincere ignorance and conscientious stupidity."
You ask why we have MASS INCARCERATION IN
AMERICA? Judges,[1] Prosecutors,[2] Police[3] and All Persons[4] have
"absolute immunity" for "the deprivation of any rights,
privileges, or immunities secured by the Constitution and laws of the United
States of America."
Malicious or corrupt OR INCOMPETENT
judges[5] turn a blind eye to "malicious or
dishonest"[6] unconstitutional
persecutions via a prosecutors[7] withholding of "evidence favorable to an
accused"[8] with "knowingly
false testimony by police officers,"[9] "under color of law." IT
HAPPENS EVER SINGLE DAY IN AMERICA!!!!
Judges,[10] Prosecutors[11] and Police[12]
Malicious or corrupt judges[13] turn a blind eye to "malicious
or dishonest"[14] prosecutions via the
withholding of "evidence favorable to an accused"[15] with
"knowingly false testimony by police officers."[16]
THINK!!!!!!!!!!!
PLEASE!!!!!! THINK!!!!!!!!!
I recently read an
article in the New York Times "An Ode to Obamacare" By Gail Collins -
FEB. 12, 2015. Now I admit the article was unabashedly in favor of the
President's healthcare program. And I admit I am too.
What I am writing about
is not HEALTHCARE, let us be clear on that! My issue is with our
malicious, corrupt, dishonest, sincerely ignorant, conscientiously stupid and
Incompetent JUSTICE system that will even entertain a suit such as King v.
Burwell.
I have been to the
FEDERAL District to the Circuit to the Supreme Court five times.[17] I am through the District (MOED Case #:
4:14-cv-2009) and into the Circuit (U. S. Court of Appeals for the 8th Circuit
Case# 15-1057) for me SIXTH time.
I have been at this for
11 years, with undisputed evidence of malice, corruption, dishonesty, sincere
ignorance, conscientious stupidity and Incompetence on the part of the Police,[18] Prosecutors and Judges. The Police with
their malice, corruption, dishonesty, sincere ignorance, conscientious
stupidity and incompetence unimpaired by our justice system offered, what
should have been, knowingly false testimony. The Prosecutors refused me
exculpable evidence that would have proved the false testimony the police
offered perjury. The Judge acting with a complete lack of JURISDICTION
e.g., Subject matter jurisdiction a complete lack of Personal Jurisdiction and
Complete lack of Geographic Jurisdiction offered a court order that was NOT "a facially
valid court order."[19]
THINK!!!!!!!!!!!
PLEASE!!!!!! THINK!!!!!!!!!
Stop the ongoing WAR ON
CIVIL RIGHTS!!!!!
THINK!!!!!!!!!!!
PLEASE!!!!!! THINK!!!!!!!!!
It is not about race
relations, sexuality, police brutality or campaign finance, it is about corruption in our justice system.
Everybody
acting under color of law HAS CIVIL AND CRIMINAL "ABSOLUTE IMMUNITY"
FOR THE "THE DEPRIVATION OF ANY RIGHTS, privileges, or immunities secured
by the constitution and laws." It is not about the "thin blue
line" among our police. IT
IS ABOUT THE MALICIOUS AND CORRUPT GUILD OF "BLACK ROBED" ROYALIST
"ABSOLUTELY IMMUNE" ARTICLE III JUDICIARY.
Police have absolute immunity to provide "knowingly false testimony"
on the stand under oath. Prosecutors have "absolute immunity"
for "malicious or dishonest" actions.
THINK!!!!!!!!!!!
PLEASE!!!!!! THINK!!!!!!!!!
"Absolutely
immune" Dishonest, malicious, corrupt, "knowingly false
testimony" and the withholding of exculpable evidence does more damage to
"We the People" every day in our so called Article III attempt
to "establish justice" than a squad of police officers could do with
automatic weapons in a shopping mall without remorse!!!
IT IS
NECESSARILY ABOUT JUSTICE.
TODAY, "We the
People" are ruled by the unwritten absolutely immune self-serving
MARTIAL LAW of JUDICIAL RULE in the "Jane Crow Era," the World War on
Drugs and the malicious and corrupt prerogative of the MALICIOUS AND CORRUPT GUILD OF "BLACK
ROBED" ROYALIST "ABSOLUTELY IMMUNE" ARTICLE III JUDICIARY that
NEGATES all our supposedly inalienable constitutional rights.
I realize it sounds almost
ridiculous but "We the People" "to establish
Justice" need a Constitutional Amendment:
"Malice,
corruption, dishonesty, sincere ignorance, conscientious stupidity and
Incompetence ARE NOT and never have been covered by ANY grant of immunity,
under color of CONSTITUTIONAL law."
You don't believe me READ
their precedent.
To hear the supreme
court sophistry[20] tell us, via their
unrestricted absolutely immune power, "We the People,"
all evidence to the contrary, "sub silentio"[21] traded
the "King can do no WRONG" for the of the ABSOLUTELY IMMUNE actions
of the "malicious or corrupt" judges (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) Stump v. Sparkman, 435 U.S. 349 (1978)), the "malicious or
dishonest" prosecutor (Imbler v. Pachtman, 424 U. S. 428 (1976)), the
"knowingly false testimony by police officers" (Briscoe v. LaHue, 460
U.S. 345 (1983)), corrupt, malicious, dishonest, sincerely ignorant and
conscientiously stupid actions of federal, state, local, and regional
legislators (Bogan v. Scott-Harris - 523 U.S. 44 (1997) Tenney v. Brandhove,
341 U. S. 367, 372, 372-376; Amy v. Supervisors, 11 Wall. 136, 138) and
the malicious, corrupt, dishonest, sincerely ignorant and conscientiously
stupid actions of "all persons (spouses) -- governmental or
otherwise -- who were integral parts of the judicial process" (Briscoe v.
LaHue, 460 U.S. 345 (1983)) acting under color of law to render
ABSOLUTE CORRUPTION of INALIENABLE RIGHTS under color of law.
We need a constitutional
amendment to END the judicial sanction of Malice, corruption, dishonesty,
sincere ignorance, conscientious stupidity and Incompetence
http://dgjeep.blogspot.com/2014/11/a-petition-for-constitutional-amendment.htmlWhat the Supreme Court has done and I quote the
2011, CONNICK v. THOMPSON, decision:
"As our precedent
makes clear, proving that a municipality itself actually caused a constitutional
violation by failing to train the offending employee presents "difficult
problems of proof," and we must adhere to a"stringent standard of
fault," lest municipal liability under §1983 collapse into respondeat
superior.12 Bryan County, 520 U. S., at 406, 410; see Canton, 489 U. S., at
391–392."
HOW COULD OUR CONSTITUTIONAL GOVERNMENT, AND / OR
GOVERNMENT ACTORS "UNDER COLOR OF LAW," AVOID STRICT ABSOLUTE
LIABILITY FOR INALIENABLE SUPREME COURT CERTIFIED CONSTITUTIONAL RIGHTS?
Connick, based on the
ADMITTED facts, Mr. Thompson had been UNCONSTITUTIONALLY held 15 years on Death
Row. This was due to the ADMITTED fact that Mr. Connick, the Prosecuting
attorney, had REPEATEDLY, as a government actor under color of law, failed to
provide Mr. Thompson and others ex-culpable evidence that would have proven Mr.
Thompson and others innocence.
HOW COULD OUR CONSTITUTIONAL GOVERNMENT, AND / OR
GOVERNMENT ACTORS "UNDER COLOR OF LAW," AVOID STRICT ABSOLUTE
LIABILITY FOR INALIENABLE SUPREME COURT CERTIFIED CONSTITUTIONAL RIGHTS?
We
the People have fallen under
the despotic[22] spell of the
self-servingly constructed[23] "excess
of power"[24] in the Supreme Court that
has constructed[25] ABSOLUTE POWER[26] from ABSOLUTE IMMUNITY for
denial of INALIENABLE
CONSTITUTIONAL RIGHTS (Criminal 18 U.S.C. § 241 &
242 and Civil 42 U.S.C. § 1983 and 1985 )
by "malicious or corrupt" judges(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) Stump v. Sparkman, 435
U.S. 349 (1978)),[27] the "malicious
or dishonest" prosecutor (Imbler v. Pachtman,
424 U. S. 428 (1976)), [28] the "knowingly
false testimony by police officers" (Briscoe v. LaHue, 460
U.S. 345 (1983)),[29] the corrupt,
malicious, dishonest, sincerely ignorant and conscientiously stupid[30]actions[31] of federal,
state, local, and regional legislators (Bogan v. Scott-Harris - 523 U.S. 44
(1997) Tenney v. Brandhove, 341 U. S.
367, 372, 372-376; Amy v. Supervisors, 11
Wall. 136, 138)[32] and the malicious, corrupt,
dishonest, sincerely ignorant and conscientiously stupid[33]actions of "all persons --
governmental or otherwise -- who (spouses) were integral parts of the judicial
process" (Briscoe
v. LaHue, 460 U.S. 345 (1983)) [34] acting under
color of law to render ABSOLUTE CORRUPTION[35] of inalienable rights under color of law.
Article III Judicial
Power is defined and limited by an act of "We the People's"
Congress. It does not require a CONSTITUTIONAL amendment. It is
time that "We the People" assert our control, via an
act of congress, of the Supreme Court: "with such Exceptions, and under
such Regulations as the Congress shall make" (Article III, Section. 2, §
2)!!!!!!!!!!!!!!!!!!
If there is only one
thing you read this YEAR, please, PLEASE read MR. JUSTICE HARLAN dissenting in
the Civil Rights Cases, 1883… AND THEN CONSIDER WHERE "We the People"
would be had "WE THE PEOPLE" prevailed in 1883 with
constitutionally authorized "necessary and proper" ex industria
statute law the 1875 Civil Rights Act!!!!!!!
To hear the Supreme
Court tell us, via their unrestricted absolutely immune power, We
the People, all evidence to the contrary, traded the "King can do
no WRONG" for the ABSOLUTELY IMMUNE actions
of the "malicious or corrupt" judges(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) Stump v. Sparkman, 435
U.S. 349 (1978)),[36] the "malicious
or dishonest" prosecutor Imbler v. Pachtman,
424 U. S. 428 (1976), [37] the "knowingly
false testimony by police officers" (Briscoe v. LaHue, 460
U.S. 345 (1983)),[38] corrupt, malicious, dishonest,
sincerely ignorant and conscientiously stupid[39] actions[40] of federal, state, local, and regional
legislators (Bogan v. Scott-Harris - 523 U.S. 44 (1997) Tenney v. Brandhove, 341 U. S.
367, 372, 372-376; Amy v. Supervisors, 11
Wall. 136, 138)[41] and the malicious, corrupt,
dishonest, sincerely ignorant and conscientiously stupid[42]actions of "all persons --
governmental or otherwise -- who (spouses) were integral parts of the judicial
process" (Briscoe
v. LaHue, 460 U.S. 345 (1983)) [43] acting under
color of law to render ABSOLUTE CORRUPTION[44] of INALIENABLE RIGHTS under color of law.
The Black Robed Royalist
Article III Judiciary on the Supreme Court since the civil war in 1868 and 1871
(and again in 1967 by repeated reference) has cited Floyd & Barker
(Star Chamber 1607)[45] to construct[46] an "excess of power"[47] to quash the "sense and reason"[48] for the "raison d'être"[49] of We the People's
Constitution, Amendments, and the enactment of the constitutionally authorized ex
industria[50] statute laws, now
codified into the U.S. Code as 18 USC §241 - §242 Criminal
Deprivation of rights under color of law and 42 USC §1983 - §1985 Civil
action for deprivation of rights. We the People have
been suffering from the Black Robed Royalist Article III Judiciary's criminal[51] deprivation of rights under color of law EVER
SINCE!!!!!!!!!!!!!!!!!!!
Anybody that doubts
this, just look at history. Justice Harlan's Dissent in Civil Rights
Cases 109 U.S. 26 (1883) is the most eloquent of examples. 130 years of
Jim Crow, Jane Crow, victimless crimes, plea bargain, exclusionary rule and the
malicious, corrupt, dishonest, sincerely ignorant and conscientiously stupid[52] "absolutely immune" judge constructed[53] law later… the Black Robed Royalist Article III
Supreme Court can STILL reach into their "black bag of tricks"
to pull out anything they want to justify their malicious, corrupt, dishonest,
sincerely ignorant and conscientiously stupid "absolutely immune"
actions.
In 1868 the Black Robed
Royalist Article III Supreme Court first CONSTRUCTED[54] "absolute
immunity" in Randall v. Brigham, 74
U. S. 536 (1868) asserting Floyd & Barker (Star
Chamber 1607). Randall v. Brigham (1868) was Judicial sophistry[55] at its finest, a judicial subterfuge to give the
judiciary immunity from the recently enacted Civil
Rights Act of 1866. The Civil
Rights Act of 1866 made it a CRIME for "Whoever, under color
of any law…, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or laws of
the United States." Judicial liability for the crime was brought
up extensively in the congressional debates and EXPRESSLY made part of President
Johnson's Veto (March 27, 1866), noted as "assailing
the independence of the judiciary," which was then congressionally
over ridden into statute two weeks later. The Civil
Rights Act of 1866 was enacted into LAW over the expressed objection
of the President, overridden by the Senate on April 6, 1866 (33 - 15) and then
overridden by the House and became law on April 9, 1866 (122 - 41).
Likewise the judicial
sophistry[56] of Bradley v. Fisher, 80 U.S.
335 (1871), also asserting Floyd & Barker (Star
Chamber 1607), was a subterfuge to give the judiciary ABSOLUTE
immunity from the civil liability enacted by the Civil Rights Act
of 1871. Passed by the House on April 19, 1871 (93–74) and by the
Senate on April 19, 1871 (36–13) and then it was signed into law by President
Ulysses S. Grant on April 20, 1871.
What neither Randall v.
Brigham (1868) nor Bradley v. Fisher (1871) like to admit is they both were
basically CONTRIVED issue drawn from administration issues of the court, in
both cases an attorney sued the sitting judge, questioning the judge's administerial
discretion "striking the name of an attorney from its roll." I
liken this to questioning an umpire after a called strike it was not
constitutional issue and to infer that ANY Judge is exempt from liability in a
civil or criminal action for their judicial acts done within their
jurisdiction, and judges of superior or general authority are exempt from such
liability even when their judicial acts are in excess of their jurisdiction,
unless perhaps where the acts in excess of their jurisdiction are done
maliciously or corruptly."
The KICKER IS, wait for
it… BOTH Randall v. Brigham (1868) and Bradley v. Fisher (1871) were based on
the corrupt "black bag of tricks" assertion of Floyd
& Barker (Star Chamber 1607) as precedent. What Randall
and Bradley fail to tell you is that the "Star Chamber" wasabolished
for CAUSE, I quote from the Act of Parliament
"Abolition of the Star Chamber" July 5, 1641 "the
power and authority thereby given unto it, be from the said first day of August
repealed and absolutely revoked and made void."
The causes were MANY,
but one of particular note to anyone that has suffered at the hands of
"absolute immunity" was, and again I quote, "the said
judges have not kept themselves to the points limited by the said statute, but
have undertaken to punish where no law doth warrant, and to make decrees for
things having no such authority, and to inflict heavier punishments than by any
law is warranted."
So our sincerely
ignorant and conscientiously stupid Black Robed Royalist Article III Supreme
Court constructed, [57] and has since pulled
the wool over We the Peoples eyes, a precedent from a
court that asserted "absolute immunity" but who's power was, by Act
of Parliament, ultimately "clearly and absolutely dissolved, taken
away and determined,"FOR
CAUSE, abusing said "absolute immunity." That
would be like allowing a potential thief into your house because his father a
known thief, a convicted thief asserted that he would not steal before he was
caught stealing. If there is anything to be learned from Floyd
& Barker (Star Chamber 1607) it is the Black Robed Royalist
Article III Supreme Court CANNOT BE "ABSOLUTELY"
TRUSTED!!!!!!!!!! It is INSANITY to think any other way!!!!!!
As examples of the
Judicial sophistry,[58] that has corrupted We
the People's unalienable rights under color of law, I submit, Randall
v. Brigham, 74 U.S. 7 (1868)[59] the origin of
judicial criminal sophisticated[60] "absolute
immunity," Bradley
v. Fisher, 13 Wall. 335 (1872)[61] origin
of sophisticated[62] Judicial civil "absolute
immunity," Blyew v. United
States, 80 U.S. 581 (1871) sophisticated[63] "absolute
immunity" for racially motivate mass murder, United
States v. Reese, 92 U.S. 214 (1875) sophisticated[64] deprivation
of the 15thAmendment's Voting Rights protection with the
subterfuges of poll taxes, literacy tests, and grandfather clauses, United
States v. Cruikshank, 92 U.S. 542 (1875) sophisticated[65] "absolute immunity" for racially
motivated massacre (Colfax Riot/pogrom), United States v.
Harris, 106 U.S. 629 (1883) sophisticated[66] "absolute
immunity" for the state's sanctioned kidnapping, assault and murder
without regard to the 14th Amendment's security, Civil Rights Cases, 109
U.S. 3 (1883) creating sophisticated[67] racial
segregation and the ongoing Jim Crow discrimination over the "necessary
and proper" "Act to protect all citizens in their civil and legal
rights." 18 Stat. 335, enacted March 1, 1875, Plessy v. Ferguson, 163 U.S.
537 (1896) separate and UNEQUAL, clarifying sophisticated[68] segregation
over the necessary and proper "Act to protect all citizens in their civil
and legal rights." 18 Stat. 335, enacted March 1, 1875, Pierson v. Ray,
386 U.S. 547 (1967) reaffirmed Judicial sophisticated[69] "absolute immunity," Imbler v. Pachtman, 424
U. S. 409 (1976) prosecutorial sophisticated[70] "absolute
immunity," Stump
v. Sparkman, 435 U.S. 349 (1978) sophisticated[71] "absolute
immunity" for forced sterilization, and Briscoe v. LaHue, 460
U.S. 325 (1983) sophisticated[72] "absolute
immunity" for "knowingly false testimony by police officers,"
and "all persons that were integral in the Judicial
Process." If that is not ABSOLUTE CORRUPTION of We
the People's intent to establish justice, I cannot imagine what is.
THAT
IS AUDACIOUS INSANITY!!!!
My QUESTION is how did
the UNQUALIFIED governmental liability for RIGHTS "under color
of law" i.e., the "property in rights" as
asserted by James Madison (1792)[73] and the
Revolutionary War, Civil War, Constitution, World War I, World War II and the
"statute's (§1983) raisons d'etre"[74] get
reduced??? Do we have to invest more lives to again
establish an INDIVIDUAL'S property
in RIGHTS???
What good are rights if
the "property in rights," as confirmed by James Madison
(1792), is not "under color of law" protected UNQUALIFIED by
any government authority??
Why have a constitution,
much less statute law; if it can be disregarded as disposable property in the
hands of those who are commissioned to provide UNQUALIFIED protection of the
"property in rights"???
Impeach the Supreme
Court FIVE, Antonin Scalia, Clarence Thomas, Samuel Alito, Anthony Kennedy, and
Chief Justice John
G. Roberts, for violation of their constitutional
commission and CONDUCT UNBECOMING an Article III Judge.
The Article III, Black
Robed Royalist, Supreme Court FIVE, Antonin Scalia, Clarence Thomas, Samuel Alito, Anthony Kennedy, and
Chief Justice John
G. Roberts, delegated authorities, acting under a sworn to
constitutional commission have awarded themselves and others "absolute
immunity"[75] from their constitutional
commission to "do not only what their powers do not
authorize, but what they forbid"[76] i.e., the
"deprivation of any rights, privileges, or immunities secured by the
Constitution and laws of the United States of America?"[77] by DENYING the constitutional assurance of
governmental accountability with 1st and 7th Amendment Justice, law
and equity?[78]
Impeach the Supreme
Court FIVE, Antonin Scalia, Clarence Thomas, Samuel Alito, Anthony Kennedy, and
Chief Justice John
G. Roberts, for violation of their constitutional
commission and CONDUCT UNBECOMING an Article III Judge.
We the People have fallen under the despotic[79] spell of the constructed[80] "excess
of power"[81] in the Supreme Court that
has constructed[82] ABSOLUTE POWER[83] from ABSOLUTE IMMUNITY for
denial of INALIENABLE
CONSTITUTIONAL RIGHTS (Criminal 18 U.S.C. § 241 &
242 and Civil 42 U.S.C. § 1983 and 1985 )
by "malicious or corrupt" judges,[84] the
"malicious or dishonest" prosecutor, [85] the
"knowingly false testimony by police officers,"[86] corrupt, malicious, dishonest, sincerely
ignorant and conscientiously stupid[87] actions[88] of federal, state, local, and regional
legislators are entitled to absolute immunity"[89] and
the malicious, corrupt, dishonest, sincerely ignorant and
conscientiously stupid[90] actions of "all persons
-- governmental or otherwise -- who were integral parts of the judicial process" [91] acting under color of law to
render ABSOLUTE CORRUPTION[92] of
inalienable rights under color of law.
Impeach the Supreme
Court FIVE, Antonin Scalia, Clarence Thomas, Samuel Alito, Anthony Kennedy, and
Chief Justice John
G. Roberts, for violation of their constitutional
commission and CONDUCT UNBECOMING an Article III Judge.
We the People have forgotten the "property in
rights" asserted by James Madison in 1792. We the People have
to "equally respect the rights of property and the property
in rights: they will rival the government that most sacredly guards the
former; and by repelling its example in violating the latter, will make
themselves a pattern to that and all other governments."
("Property" James Madison Essays for the National Gazette 1791- 1792)
Absolute Immunity, as a
"constructive power,"[93] has and will
continue to QUASH the "raison d'être"[94] for
the Revolutionary War, the Civil War, the Constitution, Statute Law and thus
Inalienable RIGHTS/Justice.
I submit the
indisputable and undisputed facts in SEVEN United States Eighth Circuit Court
of Appeals case #07-2614, 08-1823, 09-2848, 10-1947, 11-2425, 12-2435 and
13-2200 and THREE docketed and two denied Petitions for Writ of Certiorari
to the Supreme Court 07-11115,
11-8211, 13-5193and 13-7030.
No one in a free country
under a constitutional Government can be above the Law. No one in a
country of FREE and EQUAL persons is more powerful than an innocent man.
Family Court is the
place where Fathers systematically lose all right to their own children, but
remain financially responsible for them. This happens to 90% of fathers
that go through the court, and it happens to hundreds of families every
day. This has crippled hundreds of millions of men across western
democracies both emotionally and financially and has resulted in a 1500% higher
suicide rate than regular unaffected men.
The original fraudulent[95] court
order at the inception and center of this issue, in 2003, was NOT "a facially
valid court order."[96] The issuing
Judicial Officer did not have "probable cause, supported by Oath or
affirmation"[97] for the stated charge[98] and thus it was "taken in a complete
absence of all jurisdiction."[99] Clearly to
any facially[100] reckonable[101] 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."[102]
In the 10.41 years[103] 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."[104] Since the
civil domestic issue has been ongoing for 10.41 years[105] "the
"exclusionary rule"[106] is
simply irrelevant… it is damages or nothing."[107] 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!!!
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." [108]
The warrant/Order issued
by Judge Goeke and ordered heard by Commissioner on its FACE was unreasonable
because it lacked "probable cause" for the stated charge.[109]
Now if you could somehow
get past the constitutional requirement for REASONABLE probable cause and
prohibition of a "general warrant," which you can not. The 8th Amendment's
requirement that "nor cruel and
unusual punishments inflicted" for an alleged, later
disproven,[110] misdemeanor traffic violation precludes
the imposed punishment, the deprivation of my home, my son, my paternity and my
liberty.
The Rule of Law,
the "mere operation 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."[111]
Of course the 1st Amendment's lawfully un-abridge-able right "to petition
the Government for a redress of grievances" and 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.[112] 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[113] absolute immunity with "no
remedy for the violation of a vested legal right" and sought
to establish a reckonable[114] 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[115] 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 have TWO government certified competency exams to my credit: I
dare say the Judiciary's asserted unimpeachable incorporated competency could
not credibly sustain the Judiciary's unreasonable absolute immunity in a common
law 7th Amendment controversy before a Jury of OUR peers.
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 fete de complete, "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 beltMonday, 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[116] accusation
without access to 5th and 14th Amendment's
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
vexatious[117] or calumnious[118] accusation
against a crippled man of good character that they were.
How could the crippled,
a man of good character, 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[119] is based on, he would have dismissed the
charge as racially based "vexatious"[120] or
"calumnious"[121] so as not to offend
the Ends of Justice that should have been his PRIMARY
motivation.
Tom Robinson was
convicted because of the infamy of the charge and 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 4th, 5th and 14thAmendment.
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.[122]
How can the malice,
corruption, dishonesty and incompetence[123] condoned[124] 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[125] 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."[126] 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"[127]ANYONE, all evidence to the
contrary, especially those tasked with judicial,[128] prosecutorial[129]and enforcement[130] power
from its paramount binding authority is an incredible "fantastic or
delusional scenario."[131]
There are no royal
absolutely immune ruling persons/class in this country i.e., no titles of
nobility.[134] 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.[135]
How can the Supreme
Court, a delegated authority, acting under a sworn to
constitutional commission awarded themselves and others
"absolute immunity"[136] from
their constitutional commission to "do not only what their powers do
not authorize, but what they forbid"[137] i.e., the
"deprivation of any rights, privileges, or immunities secured by the
Constitution and laws of the United States of America?"[138] by DENYING the constitutional assurance of
governmental accountability with 1st and 7th Amendment Justice, law
and equity?[139]
See Petition for a Writ
of Certiorari 07-11115,
11-8211, 13-5193 and 13-7030 Jeep v. Government of the
United States of America
and
I sometimes feel like
the waif in "The Emperor's New Clothes." 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,[140] 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[141] grant of "Absolute
Immunity,"[142] by and for
ministers, is a massive, at the highest levels, ministerial, unconstitutional
an "unlawful Conspiracy"[143] "before out of Court"[144] to obfuscate "false and
malicious Persecutions."[145]
"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, Friday, November 13, 2015!!! Justice William O.
Douglas said it in 1961 and 1967. [146] Mr.
Lowe of Kansas and Mr. Rainey of South Carolina respectively said respectively said
it originally in 1871[147] at the passage of the Civil
Rights Act of 1871 (now codified in Federal Statute laws as Civil 42 U.S.C. § 1983 and 1985).
for condoning the denial
of a Constitutionally secured and congressionally un-abridge-able right to
justice[150] and "fraud
upon the court."
Impeach the current
Supreme Court FIVE for verifiable NOT "good Behaviour,[151]" denying the establishment of justice and
abridging a Constitutionally secured and congressionally un-abridge-able
right to a redress of grievances,[152] with their
deprivation of substantive 7th Amendment[153] 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!!!
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 any and all malice, corruption, "sincere ignorance and
conscientious stupidity"[154] 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)
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."[155] "Six
million people are under correctional supervision in the U.S.—more than were in
Stalin's gulags."[156]
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"[157]" for the "deprivation of any rights,
privileges, or immunities secured by the Constitution and laws of the United
States of America"[158] e.g., "To
Kill a Mocking Bird, The Denial of Due Process,"[159] "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.[160] 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 #07-2614, 08-1823, 09-2848, 10-1947, 11-2425,
12-2435 and 13-2200, and the most humble Petition for a Wirt of
Certiorari to the Supreme Court 07-11115,
11-8211, 13-5193 and 13-7030."
We hold a "4-Year-Old Can
Be Sued."[161] We can bail out the
automakers to the tune of $75-$120+ billion. [162]
We can spend $1.3 trillions and rising on an attempt at nation building in Iraq
and Afghanistan. [163] We can make-work to
stimulate the economy with $787 billion. [164]
We can bail out the Banks to the tune of $2.5 Trillion. [165] 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)" [166] and compensate the
victims?
That is
INSANITY!!!!!!!!!!!!!
The abuses are happening EVERYDAY
in REAL LIFE Mr. Thompson (No. 09–571),[167] Mr.
Smith (No. 10-8145), [168] Mr. al-Kidd (No.
10–98)[169] and myself (USCA8 No. 07-2614,
08-1823, 09-2848, 10-1947, 11-2425, 12-2435 and 13-2200).[170]
The fact that "With
5% of the world's population, our country now houses nearly 25% of the world's
reported prisoners"[171] PROVES
"We the People" have NO ENFORCEABLE RIGHTS IN
America today!!!!!!!!!!!!
It is TIME…
"simply because it
is right."
DGJeep "The Earth
and everything that's in it" (www.dgjeep.blogspot.com)
Friday, November 13,
2015, 3:12:17 PM
David G. Jeep
GENERAL DELIVERY,
Saint Louis, MO
63155-9999
E-Mail Dave@DGJeep.com (preferred) www.DGJeep.blogspot.com
(314) 514-5228
[1] Originally enacted as The Civil Rights Act of 1871 (now codified in Federal Statute laws as
Civil 42 USC §1983 - §1985). The author of § 1
clearly stated the relationship between the two Acts in introducing the 1871
measure:
"My first inquiry is as to the warrant
which we have for enacting such a section as this [§ 1 of the 1871 Act]. The
model for it will be found in the second section of the act of April 9, 1866,
known as the 'civil rights act.' That section provides a criminal proceeding in
identically the same case as this one provides a civil remedy for, except that
the deprivation under color of State law must, under the civil rights act, have
been on account of race, color, or former slavery. This section of the bill, on
the same state of facts, not only provides a civil remedy for persons whose former
condition may have been that of slaves, but also to all people where, under
color of State law, they or any of them may be deprived of rights to which they
are entitled under the Constitution by reason and virtue of their national
citizenship." BRISCOE V. LAHUE, 460 U. S. 357
(1983)
[1] "This immunity applies even when the
judge is accused of acting maliciously and corruptly, and it
"is not for the protection or benefit of a malicious or corrupt judge,
but for the benefit of the public, whose interest it is that the judges should
be at liberty to exercise their functions with independence and without fear of
consequences."" Pierson v. Ray, 386 U.S. 554 (1967)
[2] "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. But the alternative of qualifying a prosecutor's
immunity would disserve the broader public interest. It would prevent the
vigorous and fearless performance of the prosecutor's duty that is essential to
the proper functioning (Page 424 U. S. 428) of the criminal justice
system."Imbler v. Pachtman, 424 U. S. 428 (1976)
[3] 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)
[4] "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. 335
(1983)
[6] Ibid., Imbler v.
Pachtman, 424 U. S. 428 (1976)
[7] Ibid., Imbler v. Pachtman, 424 U. S. 428
(1976)
[8] The Bill of Rights
does not require "'difficult problems of proof,' and we must adhere to a
"stringent standard of fault," lest municipal liability under §1983
collapse into respondeat superior.12 Bryan County, 520 U. S., at 406, 410; see
Canton, 489 U. S., at 391–392."(CONNICK, DISTRICT ATTORNEY, ET AL. v.
THOMPSON)
Any violation of rights secures for the
INDIVIDUAL person "where a specific duty is assigned by law, and individual
rights depend upon the performance of that duty, it seems equally
clear that the individual who considers himself injured has a right to resort
to the laws of his country for a remedy" (Marbury v. Madison, 5 U.S. 167
(1803)) and "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." (Marbury v. Madison, 5 U.S. 164
(1803))
[9] Ibid., Briscoe v. LaHue, 460 U.S. 345
(1983)
[10] "This
immunity applies even when the judge is accused of acting maliciously
and corruptly, and it "is not for the protection or benefit of a malicious
or corrupt judge, but for the benefit of the public, whose
interest it is that the judges should be at liberty to exercise their functions
with independence and without fear of consequences."" Pierson v. Ray, 386 U.S. 554 (1967)
[11] "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. But the alternative of qualifying a prosecutor's immunity would
disserve the broader public interest. It would prevent the vigorous and
fearless performance of the prosecutor's duty that is essential to the proper
functioning (Page 424 U. S. 428) of the criminal justice system."Imbler v.
Pachtman, 424 U. S. 428 (1976)
[12] 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)
[13] "This immunity applies even when the judge is accused
of acting maliciously and corruptly, and it "is not for
the protection or benefit of a malicious or corrupt judge,
but for the benefit of the public, whose interest it is that the judges should
be at liberty to exercise their functions with independence and without fear of
consequences."" Pierson v. Ray, 386
U.S. 554 (1967)
[14] "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. But the alternative of qualifying a prosecutor's
immunity would disserve the broader public interest. It would prevent the
vigorous and fearless performance of the prosecutor's duty that is essential to
the proper functioning (Page 424 U. S. 428) of the criminal justice system."Imbler
v. Pachtman, 424 U. S. 428 (1976)
[15] The Bill of Rights
does not require "'difficult problems of proof,' and we must adhere to a
"stringent standard of fault," lest municipal liability under §1983
collapse into respondeat superior.12 Bryan County, 520 U. S., at 406, 410; see
Canton, 489 U. S., at 391–392."(CONNICK, DISTRICT ATTORNEY, ET AL. v.
THOMPSON)
Any violation of rights
secures for the INDIVIDUAL person "where a specific duty is assigned by
law, and individual rights depend upon the performance
of that duty, it seems equally clear that the individual who considers himself
injured has a right to resort to the laws of his country for a remedy" (Marbury
v. Madison, 5 U.S. 167 (1803)) and "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." (Marbury
v. Madison, 5 U.S. 164 (1803))
[16] 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)
[17] Petition for a
writ of certiorari Docket for 07-11115, Title: David G. Jeep, Petitioner v.
Philip E. Jones, Sr., et al., Petition for a writ of certiorari Docket for
11-8211, Title: David G. Jeep, Petitioner v. Barack H. Obama, President of the
United States, et al., Petition for a writ of certiorari and Party name: David
G. Jeep, Docket for 13-5193, Title: David Gerard Jeep, Petitioner v. Barack H.
Obama, President of the United States, et al., Petition for a writ of
certiorari Docket for 13-7030, Title: David Gerard Jeep, Petitioner v. United
States, David Gerard Jeep, Petition for a writ of certiorari Docket for
14-5551, Title: David Gerard Jeep, Petitioner v. United States
[18] 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)
[19] Penn v. U.S. 335
F.3d 786 (2003)
[20] "We have long
enough suffered under the base prostitution of law to party passions in one
judge, and the imbecility of another. In the hands of one the law is nothing
more than an ambiguous text, to be explained by his sophistry into any meaning
which may subserve his personal malice." (The Letters of Thomas Jefferson:
1743-1826 SCHOOLS AND "LITTLE REPUBLICS" To John Tyler Monticello,
May 26, 1810)
[22] 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!!!!!!!!!!
[23] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[24] James Madison
(1751–1836), the 4th President of the United States (1809 – 1817), often
referred to as the "Father of the Constitution," in his essay
"Property" for the National Gazette March 27, 1792
[25] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[26] "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.
[27] 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.
[28] Imbler v. Pachtman,
424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[29] Briscoe v. LaHue, 460
U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[30] "Nothing in
the world is more dangerous than sincere ignorance and conscientious
stupidity." Martin Luther King "Strength to Love" 1963
[31] The recent
Government Shut Down comes to mind, but the Black Robed Royalist Article III
Supreme Court had already handed our legislators absolute immunity for their
legislative actions, Bogan v. Scott-Harris - 523 U.S. 44 (1997).
[32] Bogan v.
Scott-Harris - 523 U.S. 44 (1997) Tenney v. Brandhove, 341 U. S.
367, 372, 372-376; Amy v. Supervisors, 11
Wall. 136, 138
[33] Incompetence is
the most insidious and it is covered up by the gratuitous grants of dishonesty,
malice and corruption. Martin Luther King said it better, "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
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.
[34] Briscoe v. LaHue, 460
U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons --
governmental or otherwise -- who were integral parts of the judicial
process"
[35] "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.
[36] 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.
[37] Imbler v. Pachtman,
424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[38] Briscoe v. LaHue, 460
U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[39] "Nothing in
the world is more dangerous than sincere ignorance and conscientious
stupidity." Martin Luther King "Strength to Love" 1963
[40] The recent
Government Shut Down comes to mind, but the Black Robed Royalist Article III
Supreme Court had already handed our legislators absolute immunity for their
legislative actions, Bogan v. Scott-Harris - 523 U.S. 44 (1997).
[41] Bogan v.
Scott-Harris - 523 U.S. 44 (1997) Tenney v. Brandhove, 341 U. S.
367, 372, 372-376; Amy v. Supervisors, 11
Wall. 136, 138
[42] Incompetence is
the most insidious and it is covered up by the gratuitous grants of dishonesty,
malice and corruption. Martin Luther King said it better, "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
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.
[43] Briscoe v. LaHue, 460
U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons --
governmental or otherwise -- who were integral parts of the judicial
process"
[44] "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.
[45] "Floyd and
Barker, reported by Coke, in 1608" Bradley v. Fisher - 80 U.S.
347 (1871), Pierson v. Ray - 386 U.S. 554 (1967)
[46] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[47] James Madison
(1751–1836), the 4th President of the United States (1809 – 1817), often
referred to as the "Father of the Constitution," in his essay
"Property" for the National Gazette March 27, 1792
[48] "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." MR. JUSTICE HARLAN dissenting. Civil Rights Cases - 109 U.S. 26
(1883) and ""Whatever other concerns should shape a particular official's
actions, certainly one of them should be the constitutional rights of
individuals who will be affected by his actions. To criticize section 1983
liability because it leads decisionmakers to avoid the infringement of
constitutional rights is to criticize one of the statute's raisons
d'etre." [Footnote 41] Note, Developments in the Law: Section 1983
and Federalism, 90 Harv.L.Rev. 1133, 1224 (1977). See also Johnson v. State, 69
Cal.2d 782, 792-793, 447 P.2d 352, 359-360 (1968): "As a threshold matter,
we consider it unlikely that the possibility of government liability will be a
serious deterrent to the fearless exercise of judgment by the employee. In any
event, however, to the extent that such deterrent effect takes hold, it may be
wholesome. An employee in a private enterprise naturally gives some
consideration to the potential liability of his employer, and this attention
unquestionably promotes careful work; the potential liability of a governmental
entity, to the extent that it affects primary conduct at all, will similarly
influence public employees." Owen v. City of Independence - 445 U.S. 656
(1980)
[49] "To criticize
section 1983 liability because it leads decisionmakers to avoid the
infringement of constitutional rights is to criticize one of the statute's
raisons d'etre." Owen v. City of
Independence, 445 U.S. 656 (1980)
[51] 18 USC §241 - §242 Criminal
Deprivation of rights under color of law
[52] "Nothing in
the world is more dangerous than sincere ignorance and conscientious
stupidity." Martin Luther King "Strength to Love" 1963
[53] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[54] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[55] "We have long
enough suffered under the base prostitution of law to party passions in one
judge, and the imbecility of another. In the hands of one the law is nothing
more than an ambiguous text, to be explained by his sophistry into any meaning
which may subserve his personal malice" (Thomas Jefferson, To John Tyler
Monticello, May 26, 1810)
[56] "We have long enough suffered under the base
prostitution of law to party passions in one judge, and the imbecility of
another. In the hands of one the law is nothing more than an ambiguous text, to
be explained by his sophistry into any meaning which may subserve his personal
malice" (Thomas Jefferson, To John Tyler Monticello, May 26,
1810)
[57] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[58] "We have long enough suffered under the base
prostitution of law to party passions in one judge, and the imbecility of
another. In the hands of one the law is nothing more than an ambiguous text, to
be explained by his sophistry into any meaning which may subserve his personal
malice" (Thomas Jefferson, To John Tyler Monticello, May 26,
1810)
[59] Randall v.
Brigham, 74 U. S. 536 (1868) , asserting Floyd & Barker (Star Chamber
1607), was judicial sophistry at its finest, a judicial subterfuge to give the
judiciary immunity from the UNQUALIFIED recently enacted Civil Rights Act of
1866 (18 USC §241-§242).
[60] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[61] Likewise Bradley
v. Fisher, 80 U.S. 335 (1871), also asserting Floyd & Barker (Star
Chamber 1607), was a subterfuge to give the judiciary ABSOLUTE immunity from
the UNQUALIFIED civil liability for "the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or laws of
the United States" enacted by the Civil Rights Act of 1871 (42 USC §1983-§1985).
[62] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[63] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[64] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[65] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[66] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[67] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[68] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[69] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[70] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[71] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[72] Judicial sophistry is the "ABSOLUTE" WORST
kind of sophistication, ibid.
[73] "Property"
James Madison Essays for the National Gazette 1791- 1792 "equally
respect the rights of property and the property
in rights"
[74] BRENNAN, J.,
delivered the opinion of the Court in OWEN V. CITY OF INDEPENDENCE, 444 U. S.
622 (1980)
[75] "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
[76] 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"
[77] 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.
[78] 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 5.69
years!!!! (as of Saturday July 13 2013 02:30 PM) 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.
[79] 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!!!!!!!!!!
[80] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[81] James Madison
(1751–1836), the 4th President of the United States (1809 – 1817), often
referred to as the "Father of the Constitution," in his essay
"Property" for the National Gazette March 27, 1792
[82] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[83] "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.
[84] 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.
[85] Imbler v. Pachtman,
424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[86] Briscoe v. LaHue, 460
U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[87] "Nothing in
the world is more dangerous than sincere ignorance and conscientious
stupidity." Martin Luther King "Strength to Love" 1963
[88] The recent
Government Shut Down comes to mind, but the Black Robed Royalist Article III
Supreme Court had already handed our legislators absolute immunity for their
legislative actions, Bogan v. Scott-Harris - 523 U.S. 44 (1997).
[89] Bogan v.
Scott-Harris - 523 U.S. 44 (1997) Tenney v. Brandhove, 341 U. S.
367, 372, 372-376; Amy v. Supervisors, 11
Wall. 136, 138
[90] Incompetence is
the most insidious and it is covered up by the gratuitous grants of dishonesty,
malice and corruption. Martin Luther King said it better, "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
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.
[91] Briscoe v. LaHue, 460
U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons --
governmental or otherwise -- who were integral parts of the judicial
process"
[92] "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.
[93] Alexander
Hamilton's assertions of danger of "constructive power" to rights
with in Federalist number 84
[94] "To criticize
section 1983 liability because it leads decisionmakers to avoid the
infringement of constitutional rights is to criticize one of the statute's
raisons d'etre." Owen v. City of
Independence, 445 U.S. 656 (1980)
[95] The fraud
exception to rei publicae, ut sit finis litium, and nemo debet bis vexari pro
una et eadam causa is self evident to me, but alas I believe in the
"sense and reason" of a Supreme Law of The Land. You assert
judicial interpretation. Here we agree as noted in United States v.
Throckmorton, 98 U.S. 65 (1878) is applicable here "But there is an
admitted exception to this general rule in cases where, by reason of something
done by the successful party to a suit, there was in fact no adversary trial or
decision of the issue in the case. Where the unsuccessful party has been
prevented from exhibiting fully his case by fraud or deception practiced on him
by his opponent, as by keeping him away from court."
Not only was the
petitioner, the unsuccessful party, never given a chance to defend himself, he
was never even given the specifics of the cause for the finding under which his
son, his life and all his belongs were taken.
[96] Penn v. U.S. 335
F.3d 786 (2003)
[97] 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."
[98] 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 Judge Goeke to
even list it as a probable cause violated the respondents right to the
elementary principles of procedural due process.
[99] Mireles v.
Waco,502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam)
[100] Penn v. U.S. 335
F.3d 786 (2003)
[101] "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)
[102] 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.
[103] 10.41 years, 3,799 days, hours 91,184, minutes 5,471,053 or
seconds 328,263,202 based on Thursday October 10 2013 09:13:21.82 AM
[104] Penn v. U.S. 335
F.3d 786 (2003)
[105] 10.41 years, 3,799 days, hours 91,184, minutes 5,471,053 or
seconds 328,263,202 based on Thursday October 10 2013 09:13:21.82 AM
[106] In criminal case
the "exclusionary rule" is an obfuscation of the Government's Article
III vicarious liability for due Process rights.
[107] 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."
[108] 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.
[109] 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 Judge Goeke to
even list it as a probable cause violated the respondents right to the
elementary principles of procedural due process.
[110] United States
v. Agurs - 427 U.S. 103 (1976) "typified by Mooney v.
Holohan, 294 U. S.
103, the undisclosed evidence demonstrates that the prosecution's case
includes perjured testimony and that the prosecution knew, or should have
known, of the perjury. [Footnote
7] In a series of subsequent cases, the Court has consistently held that a
conviction obtained by the knowing use of perjured testimony is fundamentally
unfair, [Footnote
8] and must be set aside if there is any reasonable likelihood that the
false testimony could have affected the judgment of the jury."
[112] 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."
[113] 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.
[114] "reckonability"
is a needful characteristic of any law worthy of the name." Antonin
Scalia, ibid.
[115] After NINE years
of Good Faith appeals, the issues of undeclared exigent
circumstances and or Good Faith immunity are no longer available.
[116] The issue of a
infamous was made pertinent in the Bill of rights, the 5th Amendment
"No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment… nor
be deprived of life, liberty, or property, without due process of law…"
And unlike the confirmation bias of Supreme Court precedent the 5th Amendment
secured to the "person" a right and thus a
remedy. The Bill of Rights does not require "'difficult problems of
proof,' and we must adhere to a "stringent standard of fault," lest
municipal liability under §1983 collapse into respondeat superior.12 Bryan
County, 520 U. S., at 406, 410; see Canton, 489 U. S., at
391–392."(CONNICK, DISTRICT ATTORNEY, ET AL. v. THOMPSON) Any
violation of rights secures for the INDIVIDUAL person "But where a
specific duty is assigned by law, and individual rights depend
upon the performance of that duty, it seems equally clear that the individual
who considers himself injured has a right to resort to the laws of his country
for a remedy" and "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." Marbury v.
Madison, 5 U.S. 137 (1803)
[117] 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,
[118] 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,
[119] 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.
[120] 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,
[121] 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,
[122] "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."
[123] Incompetence is
the most insidious and it is covered up by the gratuitous grants of dishonesty,
malice and corruption. Martin Luther King said it better, "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
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.
[124] "It is
difficult to conceive how, in society where rights and duties are relative and
mutual, there can be tolerated those who are privileged to do injury legibus
soluti, and still more difficult to imagine how such a privilege could be
instituted or tolerated upon the principles of social good" (White v.
Nicholls, 44 U.S. (3 How) 287 (1845)).
[125] Incompetence is
the most insidious and it is covered up by the gratuitous grants of dishonesty,
malice and corruption. Martin Luther King said it better, "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
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.
[127] "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!!!!!
[128] ""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)
[129] 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)
[130] 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)
[132] Aldous Huxley
[133] "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)
[134] 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!!!!!!!!!!!!!
[135] 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.
[136] "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
[137] 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"
[138] 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.
[139] 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 5.69
years!!!! (as of Saturday July 13 2013 02:30 PM) 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.
[140] 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.
[141] 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.
[142] "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
[143] 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."
[146] Monroe v. Pape, 365 U. S. 167 (1961)
and Pierson
v. Ray, 386 U. S. 559 (1967)
[147] Cong.Globe, 42d
Cong., 1st Sess., 374 & 394
[148] "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"
[149] 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
[150] The redress of a
justifiable grievance REQUIRES a remedy in BOTH law and equity
[151] 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
[152] 1st Amendment,
"Congress shall make no law abridging the right of the people to petition
the Government for a redress of grievances."
[153] 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.
[154] "Nothing
in all the world is more dangerous than sincere ignorance and conscientious
stupidity" (MLK Jr., Strength to Love, 1963).
[155] "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
[156] 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
[157] "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
[159] 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.
[160] 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
[161] "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
[162] "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."
[163] 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
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[164] "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.
[165] "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
[170] See also USCA8
07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari to the Supreme Court 07-11115,
11-8211, 13-5193and 13-7030
[171] "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 sequitur
esse"
"Time
is of the essence"
David G. Jeep, Federal
Inmate #36072-044
My E-mail addresses
are David.G.Jeep@GMail.com orDGJeep01@yahoo.com
(314) 514-5228
David G. Jeep
GENERAL DELIVERY
Saint Louis , MO
63155-9999
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