I REFUSE to
Accept Trump's,
Sessions's, and Rosenstein's ASSERTIONS
WE ALL NEED
A LITTLE REALITY CHECK HERE to COUNTER Trump's
#FAKENEWS!
Internationally
Asserted Basic Human Rights,[1]
The
Constitution for the United States of America[2]
and Statute Law[3] are IGNORED
I sometimes feel like the
waif in “The Emperor’s New Clothes”
AM I THE ONLY ONE THAT CAN
SEE IT??
“A country in which nobody is ever really
responsible is
Thursday,
May 11, 2017, 1:47:05 PM
I have to acknowledge - I have been
the victim of a 13 year extra-judicial
unwarranted, unconstitutional smear campaign. Please review my arguments at the end of this
first demonstration. I thus feel the need
to stand up for the TRUTH about others, specifically here Director of the FBI James Brien "Jim" Comey
Jr.
I assert that Director of the Federal
Bureau of Investigation James Brien "Jim" Comey
Jr. from day one of the recent presidential
campaign was forced to confront complex and evolving[7] issues that have never been confronted before
at the executive level, he provided a first impression.
Comey and the FBI were forced to operate
as a NON-Political investigator in a HYPER-CHARGED political atmosphere of SEVEN
politically failed #FAKENEWS Benghazi congressional
investigation into Secretary Clinton[8] that culminated in an eighth failed FBI investigation
- the 3+ year politically promulgated failed e-mail investigation.[9] If Comey had had his way, there probably never
would have been an e-mail investigation the probable cause was so thin!
The e-mail investigation of 30,000 e-mails, that were reviewed in laborious detail over nearly three years, found "110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification."[10] Additionally three emails out of the 110 reviewed had been marked by "only a single "(c)" for "confidential" on one paragraph lower down in the text."
Comey confirm that these three e-mails
were not properly marked as classified at the time based on federal guidelines and
manuals:
Ø They did not have a classification header.
Ø They did not list the original classifier,
o
the agency,
o
office of origin,
o
reason for
classification or
o
date for
de-classification.
These e-mails included only a single quote, (c) and then end of
quotation mark for confidential one paragraph lower down in the text.
Clearly to any non-partisan review we
are talking about 110 out of 30,000 that were incorrectly handled, with no asserted
detrimental effect, over a 4 year tenure.
That is an error rate of 0.38%. I
want someone, ANYONE to assert a human fallibility rate better than 0.38%.E-mail
is a virtually NEW THING; the doctrine of e-mail was and is not yet fully evolved.[10] The FBI was forced to consider Hillary's e-mail
as a first impressions of newly created and yet to be enforced / prosecuted
statutes. Never before and never again will
the statute law be this new.
The GOP / Republican
Party / Tea Party did everything in their power to POLITICALLY use #FAKENEWS regarding the death of four American heroes
in Benghazi and the yet to be fully developed e-mail doctrine to indefensibly demonize
Hillary Clinton.
I am going to confront the three letters/memos, Trump's,
Sessions's, and Rosenstein's. With Rosenstein's first.
While Rod J Rosenstein I am sure feels
his interpretation is valid, I can not help see the bias.
Rosenstein's first assertion:
"I cannot defend the Director's handling of
the conclusion of the investigation of Secretary Clinton's emails, and I do not
understand his refusal to accept the nearly universal judgment that he was mistaken.
Almost everyone agrees that the Director made serious mistakes; it is one of the
few issues that unites people of diverse perspectives."
That is a political assertion to beg the question! The investigation of Secretary Clinton and her
e-mails was exhaustive and definitive, the result of SEVEN failed congressional
investigations and a three-year fruitless e-mail investigation. There never was crime, actus reus And there never was a crime of mens rea. Any assertion to the contrary is just plain
FALSE.
For what it is worth, to oppose Rosenstein begging the question,
I know several people that believe Hillary did nothing more than try to REASONABLY
maintain her personal dignity by deleting the personal e-mails and then utilize
electronic communication to its fullest advantage in the furtherance of her authority
as the Secretary of State. .
Did she make mistakes? As she freely admitted several times:
"As I look back at it now, even though it was allowed, I should
have used two accounts. That was a mistake. I'm sorry about that. I take responsibility,"[12]
We all have made mistakes, we all will
make mistakes TODAY and we all will make mistakes TOMORROW. There is no CURE FOR
HUMAN FALLIBILITY.
Was there mens rea,
and actus reus, or even criminal
negligence?
NO!
On Tuesday (July 5, 2016), FBI Director
James Comey stated with respect to former Secretary of State Hillary Clinton's emails: "Only a very small number of the emails containing
classified information bore markings indicating the presence of classified information."[13]
"First, Director Comey explained
that he was talking about only three emails out of the 30,000 his office reviewed,
or 1/100 of 1% of the emails.
Second, Director Comey explained that
these three specific emails were not properly marked as classified pursuant to federal
guidelines and manuals. They did not have
a classification header, and they did not list the original classifier, the agency
and office of origin, the reason for classification, or the date for declassification. Instead they included only a single "(c)"
for "confidential" on one paragraph lower down in the text.
Finally, Director Comey explained that
it would have been a "reasonable inference" for Secretary Clinton to "immediately"
conclude that these emails were not in fact classified."
None of these exposed e-mails were ever
tied to a loss of American lives or treasure.
They were merely inadvertently, without detrimental consequence, exposed
in the course of an admittedly very busy government employee! We are talking about 110 e-mails out of 30,000,
0.38%. Anybody that can consistently beat
0.38% error rate needs to be living in the clouds with life forms great than we
mere mortals.
That is not a crime, should not be a
crime and NEVER WILL BE A CRIME among civilized people!
It is my humble opinion that anyone
who says that is a crime. Is either a superior
being from another world, partisan politician or just plain LYING!
Rosenstein's second assertion:
The director was wrong to usurp the Attorney General's
authority on July 5, 2016, and announce his conclusion that the case should be closed
without prosecution.
This was a
reasonable directive, if not an ORDER, from the Attorney General Lynch to
expedite a difficult OVERLY POLITICIZED situation!
Rosenstein's third assertion:
"The Director now defends his decision by asserting
that he believed attorney General Loretta Lynch had a conflict. But the FBI Director
is never empowered to supplant federal prosecutors and assume command of the Justice
Department. There is a well-established process for other officials to step in when a conflict requires the recusal of
the Attorney General. On July 5, however,
the Director announced his own conclusions about the nation's most sensitive criminal
investigation, without the authorization of duly appointed Justice Department leaders"
This was again FORCED on director Comey
by the constant #FAKENEWS cycle assertion of HYPER-CHARGED partisan politics for an FBI
Investigation. The FBI never acknowledged
the investigation; it was thrust upon them from the PUBLIC to deny it.
Rosenstein's forth assertion:
"Compounding the error, the Director ignored
another longstanding principle: we do not hold press conferences to release derogatory
information about the subject of a declined criminal investigation. Derogatory information
sometimes is disclosed in the course of criminal investigations and prosecutions,
but we never release it gratuitously. The Director laid out his version of the facts
for the news media as if it were a closing argument, but without a trial. It is
a textbook example of what federal prosecutors and agents are taught not to do."
This was, again, FORCED on director
Comey by the constraints of the #FAKENEWS cycle assertion of HYPER-CHARGED partisan politics
for an FBI Investigation and ultimately an explanation. The FBI never acknowledged the investigation until
they had to and it was thrust upon them by #FAKENEWS cycle assertion of HYPER-CHARGED political partisan
politics for an FBI Investigation to deny it.
Rosenstein's fifth assertion:
"In response to skeptical question at a congressional
hearing, the Director defended his remarks by saying that his "goal was to
say what is true. What did we do, what did we find, what do we think about it."
But the goal of a federal criminal investigation is not to announce our thoughts
at a press conference. The goal is to determine whether there is sufficient evidence
to justify a federal criminal prosecution, then allow a federal prosecutor who exercises
authority delegated by the Attorney General to make a prosecutorial decision, and
then - if prosecution is warranted - let the judge and jury determine the facts.
We sometimes release information about closed investigations in appropriate ways,
but the FBI does not do it sua sponte."
In response to the assertion of an FBI
sua sponte assertion. The FBI had been put
in between the proverbial ROCK and HARD PLACE by the HYPER-CHARGED politicization of a criminal
investigation.
Rosenstein's sixth assertion:
"Concerning his letter to the Congress on October
28, 2016, the Director cast his decision as a choice between whether he would "speak"
about the FBI's decision to investigate the newly-discovered email messages or "conceal"
it. "Conceal" is a loaded term that misstates the issue. When federal
agents and prosecutors quietly open a criminal investigation, we are not concealing
anything; we are simply following the longstanding policy that we refrain from publicizing
non-public information. In that context, silence is not concealment."
On this point I agree, but again I assert
Comey was DAMMED IF HE DID AND DAMMED IF HE DIDN'T. He
erred on the side of transparency.
I cannot fault that!
Rosenstein's seventh assertion:
"My perspective on these issues is shared by
former Attorneys General and Deputy Attorneys General from different eras and both
political parties. Judge Laurence Silberman, who served as Deputy Attorneys General
under President Ford, wrote that "it is not the bureau's responsibility to
opine on whether a matter should be prosecuted." Silberman believes that the
Director's "Performance was so inappropriate for an FBI director that [he]
doubt[s] the bureau will ever completely recover." Jamie Gorelick, Deputy Attorney
General under President George W. Bush, to opine that the Director had "chosen
personally to restrike the balance between transparency and fairness, department
from the department's traditions." They concluded that the Director violated
his obligation to "preserve, protect and defend" the traditions of the
Department and the FBI.
Former Attorney General Michael Mukasey, who served
under President George W Bush, observed the Director "stepped way outside his
job in disclosing the recommendation in that fashion" because the FBI director
"doesn't make that decision". Alberto Gonzales, who also served as Attorneys
General under President George W Bush, called the decision "an error in judgement."
Eric Holder, who served as Deputy Attorneys General under President Clinton and
Attorneys General under President Obama, said that the Director's decision "was
incorrect. It violated long-standing Justice Department policies and traditions.
And it ran counter to guidance that I put in place four years ago laying out the
proper way to conduct investigations during an election season." Holder concluded
that the Director "broke with these fundamental principles" and "negatively
affected public trust in both the Justice Department and the FBI".
Former Deputy Attorneys General Gorelick and Thompson
described the unusual event as "read-time, raw-take transparency taken to its
illogical limit, a kind of reality TV of federal criminal investigation," that
is "antithetical to the interests of justice"."
This an appeal to authority, an ad hominem. I do not care who
this opinion is shared by. It is unsustainable. IT IS FALSE!
Rosenstein's eighth assertion:
"Donald Ayer, who served as Deputy Attorneys
General under President HW Bush, along with former Justice Department officials,
was "astonished and perplexed" by the decision to "break with longstanding
practices followed by officials of both parties during past elections." Ayer's
letter noted, "Perhaps most troubling… is the precedent set by this departure
from the Department's widely-respected, non-partisan traditions."
I think EVERYONE was "astonished
and perplexed" by this election, from the Russian involvement with the #FAKENEWS cycle assertion of HYPER-CHARGED partisan
politics, it was a first impression.
Rosenstein's ninth assertion:
"We should reject the departure and return to
the traditions."
To do this we need to reign in the out
of control #FAKENEWS cycle and the HYPER-CHARGED political atmosphere in our present
day society. It is not an issue that the
FBI Director has any CONTROL OVER or direct input on!
Rosenstein's tenth assertion:
"Although the President has the power to remove
an FBI director, the decision should not be taken lightly. I agree with the nearly
unanimous opinions of former Department officials. The way the Director handled
the conclusion of the email investigation was wrong. As a result, the FBI is unlikely
to regain public and congressional trust until it has a Director who understands
the gravity of the mistakes and pledges never to repeat them. Having refused to
admit his errors, the Director cannot be expected to implement the necessary corrective
actions."
This is a FALSE conclusion unsupported
by the facts!
Sessions's assertion:
"As Attorney General, I am committed to a high
level of discipline, integrity, and the rule of law to the Department of Justice
— an institution that I deeply respect. Based on my evaluation, and for the reasons
expressed by the Deputy Attorney General in the attached memorandum, I have concluded
that a fresh start is needed at the leadership of the FBI. It is essential that
this Department of Justice clearly reaffirm its commitment to longstanding principles
that ensure the integrity and fairness of federal investigations and prosecutions.
The Director of the FBI must be someone who follows faithfully the rules and principles
of the Department of Justice and who sets the right example for our law enforcement
officials and others in the Department. Therefore, I must recommend that you remove
Director James B. Comey, Jr. and identify an experienced and qualified individual
to lead the great men and women of the FBI."
Sessions RECUSED himself from all issue
regarding Hillary Clinton's e-mails!! Sessions's
assertion are therefore VOID!!!!!!!!!!!
Trump's assertion:
"I have received the attached letters from the
Attorney General and Deputy Attorney General of the United States recommending yourdismissal
as the Director of the Federal Bureau of Investigation. I have accepted their recommendation
and you are hereby terminated and removed from office, effective immediately.
While I greatly appreciate you informing me, on three
separate occasions, that I am not under investigation, I nevertheless concur the
judgment of the Department of Justice that you are not able to effectively lead
the Bureau.
It is essential that we find new leadership that
restores public trust and confidence in its vital law enforcement mission.
I wish you the best of luck in your future endeavors."
Donald J. Trump was as and is as Cliff
Watts has said the source of #FAKENEWS. The Senate Intelligence
Committee heard Thursday (March 30, 2017) from Clint Watts, a counter-terrorism
expert, who described a sophisticated Trump/Russian propaganda machine that specifically
sought to bolster President Donald Trump and influence ELECTIONS.
Trump is now trying to sell his #FAKENEWS
that he fired Comey for his involvement in the 2016 Presidential, where arguably
Comey's fire-able action aided in Trump's election.
Trump TWEETED… "Comey lost the confidence of almost everyone in Washington,
Republican and Democrat alike. When things calm down, they will be thanking me!' 6:27 AM - 10
May 2017"
When Acting Director McCabe was asked
about confidence in Comey during his Senate Intelligence Committee testimony (Thursday
5/11/17), he said, "I can tell you that I hold Director Comey in the
highest regard… I can tell you also that Director Comey enjoyed broad support within
the FBI and still does to this day."
Need there be anymore said???
WE ALL NEED A LITTLE REALITY CHECK HERE to COUNTER Trump's
#FAKENEWS!
Trump is a COMPLETE FAILURE; he has
failed at everything he has ever attempted. He started out at such a lofty level,
left him by his father, he has yet to pay the price!!! It is time that we humiliate him before he humiliates
the United States of America completely!!!
IT MATTERS that Trump paid $10,000,000
fine for money laundering!!! IT MATTERS
that Trump has cheated
on three wives and divorced two of them.
IT MATTERS that Donald Trump, as a citizen, is guilty of federal racketeering-mail-fraud
with his FRAUDULENT Trump University.
IT MATTERS that Trump
is an incompetent 6 time bankrupt. IT
MATTERS that Donald Trump, as a citizen, is guilty of being FORCED
to admit-criminal-self-dealing with his FRAUDULENT Trump foundation. IT MATTERS that we need to get the INTERNAL
REVENUE to sign off on his tax avoidance as opposed to any tax
EVASION and FRAUD. IT MATTERS that Trump
either knew of the Russian influence in the election and acted it unison with it
or he does not know how to SCRUTINIZE his subordinates to weed out FOREIGN ACTORS!
Trump has failed up, and will continue
to as long as we let him!!!
From
the instant of day one Monday November 03, 2003 08:00 PM at the start of Monday
Night Football - New England PATRIOTS v Denver BRONCOS,[14] this
has been FRAUD ON THE COURT, coram non judice,
an infamously-scandalous extra-judicial gravamen,
by omnipotent moral busybodies, more specifically,
an unconstitutional, as noted via Supreme Court precedent, deprivation of rights
under color of law:
Ø with a NOT
“facially valid court order”[15] (PENN v. U.S. 335 F.3d 790 (2003)) an INFAMOUSLY-SCANDALOUS
EXTRA-JUDICIAL GRAVAMEN
Ø that was issued
“in the "clear absence of all jurisdiction,"”[16] (PENN v. U.S. 335 F.3d 790 (2003)) an INFAMOUSLY-SCANDALOUS
EXTRA-JUDICIAL GRAVAMEN
Ø that over comes
“difficult problems of proof” and “stringent standard of fault”[17] with the ubiquitous UNCONSTITUTIONAL “Jane Crow” assertion
of a Woman’s “victimhood” at the expense of any Man’s constitutional rights in legal
disputes[18] (Connick, District Attorney, et al. v. Thompson No. 09–571 Decided
March 29, 2011 and as it relates to McCabe v. Atchison, T. & S.F. Ry. Co., 235 U.S. 151 (1914))
an INFAMOUSLY-SCANDALOUS EXTRA-JUDICIAL GRAVAMEN
Ø that the facts[19] were and are “beyond debate”[20] (Ashcroft V. Al-Kidd 563 U. S. _(9)_ (2011) - Mullenix v. Luna 577 U. S. ____ (2015)) “sufficiently
clear that every reasonable official would have understood that what he is doing
violates that right,”[21] (Ashcroft V. Al-Kidd 563 U. S. _(9)_ (2011) - Anderson v. Creighton, 483 U. S. 635, 640 (1987))
an INFAMOUSLY-SCANDALOUS EXTRA-JUDICIAL GRAVAMEN (i.e., the universal
reckonable[22] understanding of the I, IV, V, VI,
VII, VIII and XIV Amendments).
If the reckonable[23] Supreme Law of the
Land, Amendments I, IV, V, VI, VII, VIII & XIV, statutes 42 USC §1983&1985
Civil Action for the Deprivation of Rights, the
Civil Rights Act of 1964 (Title VI) imposes upon Violence Against Women Act of 1994
(VAWA) and numerous Article III precedents, as noted above, do not restrict
a judicial act’s jurisdiction the candid citizen must confess as rhetorically asserted
by Abraham Lincoln in his First Inaugural Address,[24] Monday,
March 4, 1861, “We the People” “have ceased
to be their own rulers” and “We the People”
have resigned ourselves into the hands of an infamously-scandalous
extra-judicial group of “omnipotent
moral busybodies,”[25] claiming
delegated respondeat superior infamously-scandalous extra-judicial authority,
acting against our liberty at any time, for any reason without recourse to the due process
of the Supreme Law of the Land.
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,[26] Prosecutors,[27] Police[28] and
All Persons[29] 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[30] turn
a blind eye to “malicious or dishonest”[31] unconstitutional
persecutions via a prosecutors[32] withholding
of “evidence
favorable to an accused”[33] with
“knowingly false testimony by police officers,”[34] “under
color of law.” IT HAPPENS EVER SINGLE DAY IN AMERICA!!!!
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. The four individuals, in King v. Burwell,
who live in Virginia, were suing because they did not want the tax credits offered
to assist them in finding affordable healthcare. And we cannot hold our Article III Justice system
accountable for "rights, privileges, or immunities secured by the Constitution
and laws of the United States of America"[35] It is insanity of the first order!!!!
I have
been to the FEDERAL District to the Circuit to the Supreme Court six times.[36] I am through the District (MOED Case #: 4:15CV1533HEA)
and into the Circuit (U. S. Court of Appeals for the 8th Circuit Case# 15-3403)
for me SEVENTH time.[37]
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,[38] 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.”[39]
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[40] tell
us, via their unrestricted absolutely immune power, “We the People,” all evidence
to the contrary, “sub silentio”[41]
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
What 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[42] spell
of the self-servingly constructed[43] “excess of power”[44] in
the Supreme Court that has constructed[45] ABSOLUTE POWER[46] 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)),[47] the “malicious or dishonest” prosecutor (Imbler v. Pachtman, 424 U. S.
428 (1976)), [48] the “knowingly false testimony by police officers"
(Briscoe v. LaHue, 460 U.S. 345
(1983)),[49] the
corrupt, malicious, dishonest,
sincerely ignorant and conscientiously stupid[50] actions[51] 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)[52]
and the malicious, corrupt, dishonest, sincerely ignorant and conscientiously stupid[53] actions
of “all persons -- governmental or otherwise -- who (spouses) were integral
parts of the judicial process” (Briscoe v. LaHue, 460 U.S. 345
(1983)) [54] acting under
color of law to render ABSOLUTE CORRUPTION[55] 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)),[56] the “malicious or dishonest” prosecutor Imbler v. Pachtman, 424 U. S.
428 (1976), [57] the “knowingly false testimony by police officers"
(Briscoe v. LaHue, 460 U.S. 345
(1983)),[58] corrupt, malicious, dishonest, sincerely
ignorant and conscientiously stupid[59] actions[60] 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)[61]
and the malicious, corrupt, dishonest, sincerely ignorant and conscientiously stupid[62] actions
of “all persons -- governmental or otherwise -- who (spouses) were integral
parts of the judicial process” (Briscoe v. LaHue, 460 U.S. 345
(1983)) [63] acting under
color of law to render ABSOLUTE CORRUPTION[64] 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)[65] to
construct[66] an “excess of power”[67] to
quash the “sense and reason”[68] for
the “raison d'être”[69] of We the People’s Constitution,
Amendments, and the enactment of the constitutionally authorized ex industria[70] 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[71] 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[72] “absolutely
immune” judge constructed[73] 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[74] “absolute
immunity” in Randall v. Brigham, 74 U. S.
536 (1868) asserting Floyd & Barker (Star Chamber 1607). Randall v. Brigham (1868)
was Judicial sophistry[75] 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[76] 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” was abolished
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, [77] 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,[78] that has corrupted We the People’s unalienable rights under
color of law, I submit, Randall
v. Brigham, 74 U.S. 7 (1868)[79] the origin of judicial criminal sophisticated[80] “absolute immunity,” Bradley v. Fisher, 13 Wall. 335 (1872)[81] origin of sophisticated[82] Judicial civil “absolute immunity,” Blyew v. United States, 80 U.S.
581 (1871) sophisticated[83] “absolute immunity” for racially
motivate mass murder, United States v. Reese, 92 U.S.
214 (1875) sophisticated[84] deprivation of the 15th
Amendment’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[85] “absolute immunity” for racially
motivated massacre (Colfax Riot/pogrom), United States v. Harris, 106
U.S. 629 (1883) sophisticated[86] “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[87] 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[88] 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[89] “absolute immunity,” Imbler v. Pachtman, 424 U. S. 409 (1976) prosecutorial
sophisticated[90] “absolute
immunity,” Stump v. Sparkman, 435 U.S. 349
(1978) sophisticated[91] “absolute immunity” for forced sterilization, and Briscoe v. LaHue, 460 U.S. 325 (1983) sophisticated[92] “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)[93] and the Revolutionary
War, Civil War, Constitution, World War I, World War II and the “statute’s (§1983) raisons
d'etre”[94] 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”[95] from their constitutional
commission to “do not only what their powers do not authorize, but what they
forbid”[96] i.e.,
the “deprivation of any rights, privileges, or immunities secured
by the Constitution and laws of the United States of America?”[97] by DENYING the constitutional
assurance of governmental accountability with 1st and 7th
Amendment Justice, law and equity?[98]
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[99]
spell of the constructed[100] “excess of power”[101]
in the Supreme Court that has constructed[102] ABSOLUTE
POWER[103]
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,[104] the “malicious or dishonest” prosecutor, [105]
the “knowingly false testimony by police
officers,"[106]
corrupt, malicious, dishonest,
sincerely ignorant and conscientiously stupid[107]
actions[108] of federal, state, local, and regional legislators are entitled to absolute
immunity”[109]
and the malicious, corrupt, dishonest, sincerely ignorant and conscientiously stupid[110]
actions of “all persons -- governmental or otherwise -- who were integral
parts of the judicial process” [111]
acting under color of law to render ABSOLUTE CORRUPTION[112]
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,”[113] has
and will continue to QUASH the “raison d'être”[114] 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,
13-5193 and 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[115] court order
at the inception and center of this issue, in 2003, was NOT “a
facially valid court order.”[116] The issuing Judicial
Officer did not have “probable cause, supported by Oath or affirmation”[117]
for the stated charge[118] and thus it was "taken in a complete absence of all jurisdiction."[119] Clearly to any facially[120] reckonable[121] 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."[122]
In the 10.41 years[123] 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.”[124] Since the civil domestic
issue has been ongoing for 10.41 years[125] “the "exclusionary rule"[126]
is simply irrelevant… it is damages or
nothing.”[127] 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.” [128]
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.[129]
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,[130] 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.”[131] 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.[132] 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[133] absolute
immunity with “no remedy for the violation of a vested legal right”
and sought to establish a reckonable[134] 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[135] 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 belt Monday, 10/25/99 12:00 ET, By Cathy
Young, Salon - Divorced men claim discrimination by state courts, 09/07/99,
By Erica Noonan, Associated Press, Dads to Sue for Discrimination, 08/24/99, By Amy Sinatra,
ABCNEWS.com, The Federal Scheme
to Destroy Father-Child Relationships, by Jake Morphonios, 02/13/08.
Admittedly the Jane
Crow era of rampant deprivation of RIGHTS is relatively new as compared to its predecessor
the Jim Crow era. Jane Crow and Jim Crow are both based on the conviction/lynching by infamous[136] 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[137] or
calumnious[138] 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[139] is
based on, he would have dismissed the charge as racially based “vexatious”[140] or
“calumnious”[141] 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 14th
Amendment.
Atticus should not have had
to say a word, just present the evidence of a crippled since childhood man. The Sherriff, the Prosecutor and the Judge are
all representatives not of an ordinary party to a controversy, but of a sovereignty
whose obligation to govern impartially is as compelling as its obligation to govern
at all, and whose interest, therefore, in a criminal prosecution is not that it
shall win a case, but that justice shall be done. As such, the Sherriff, the Prosecutor
and the Judge are in a peculiar and very definite sense the servants of the law,
the two-fold aim of which is that guilt shall not escape or innocence suffer. The
Sherriff and the Prosecutor may prosecute with earnestness and vigor -- indeed,
they should do so. But, while they may strike hard blows, they are not at liberty
to strike foul ones. It is as much they’re duty to refrain from improper methods
calculated to produce a wrongful conviction as it is to use every legitimate means
to bring about a just one.
It is fair
to say that the average jury (MOST everyday
people), in a greater or less degree, has confidence that these obligations,
which so plainly rest upon the judiciary, prosecuting attorney, and sheriff will
be faithfully observed. Consequently, improper
suggestions, insinuations, and, especially, assertions of personal knowledge are
apt to carry much weight against the accused, when they should properly carry none.
(paraphrased slightly from Berger v. United States, 295
U.S. 88 (1935))
Judges by definition in We the
People’s system are there to independently and altruistically enforce fair
Due Process of law on the Sherriff, the Prosecutor and the defendant as necessary
to the ends of justice.[142]
How can the malice,
corruption, dishonesty and incompetence[143] condoned[144] 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[145] 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.”[146] 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”[147] ANYONE,
all evidence to the contrary, especially those tasked with judicial,[148] prosecutorial[149]and
enforcement[150] power from its paramount binding authority is
an incredible “fantastic or delusional scenario.”[151]
"Facts do not cease to exist because they
are ignored."[152]
This embarrasses the future and the past[153]
There are no royal absolutely immune ruling persons/class
in this country i.e., no titles of nobility.[154] 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.[155]
How can the Supreme Court, a
delegated authority, acting under a sworn
to constitutional commission awarded
themselves and others “absolute immunity”[156] from their constitutional commission to “do not
only what their powers do not authorize, but what they forbid”[157] i.e.,
the “deprivation of any rights, privileges, or immunities secured
by the Constitution and laws of the United States of America?”[158] by DENYING the constitutional
assurance of governmental accountability with 1st and 7th
Amendment Justice, law and equity?[159]
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,[160] 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[161] grant of “Absolute Immunity,”[162] by and for ministers, is a massive, at the highest levels, ministerial,
unconstitutional an “unlawful
Conspiracy”[163] “before out of Court”[164] to obfuscate “false
and malicious Persecutions.”[165]
“Immunity is given to crime, and
the records of the public tribunals are searched in vain for any evidence of effective
redress.” “The courts are in many instances under the control of those who
are wholly inimical to the impartial administration of law and equity.” I say it NOW, Monday,
May 15, 2017!!! Justice William O. Douglas said it in 1961 and 1967. [166] Mr. Lowe of
Kansas and Mr. Rainey of South Carolina respectively said respectively said it originally
in 1871[167] 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[170] and "fraud
upon the court."
Impeach the current Supreme Court FIVE for verifiable
NOT "good Behaviour,[171]"
denying the establishment of justice and abridging a Constitutionally secured and
congressionally un-abridge-able right
to a redress of grievances,[172] with
their deprivation of substantive 7th Amendment[173] 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”[174] 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.”[175] “Six
million people are under correctional supervision in the U.S.—more than were in
Stalin’s gulags.”[176]
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"[177]"
for the “deprivation
of any rights, privileges, or immunities
secured by the Constitution and laws of the United States of America”[178] e.g., “To Kill
a Mocking Bird, The Denial of Due Process,”[179] “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.[180] 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.”[181] We can bail out the automakers to the tune of
$75-$120+ billion. [182] We can spend $1.3 trillions and rising on an attempt
at nation building in Iraq and Afghanistan. [183] We can make-work to stimulate the economy with
$787 billion. [184] We can bail out the Banks to the tune of $2.5
Trillion. [185] 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)” [186] and compensate the victims?
That is INSANITY!!!!!!!!!!!!!
The abuses are happening EVERYDAY
in REAL LIFE Mr. Thompson (No. 09–571),[187]
Mr. Smith (No. 10-8145), [188]
Mr. al-Kidd (No.
10–98)[189] and myself (USCA8 No. 07-2614, 08-1823,
09-2848, 10-1947, 11-2425, 12-2435 and 13-2200).[190] The fact that “With 5% of the world's population,
our country now houses nearly 25% of the world's reported prisoners”[191] 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)
Monday, May 15, 2017, 2:55:36 PM
GENERAL DELIVERY,
Saint Louis, MO 63155-9999
E-Mail Dave@DGJeep.com (preferred)
www.DGJeep.blogspot.com
(314) 514-5228
[1] "The
International Covenant on Civil and Political Rights" adopted
by the United Nations on 12/16/66, and signed by the United States on October 5, 1977 - PART II, Article 2,
Section 3. "Each State Party to the
present Covenant undertakes: (a) To
ensure that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;
(b) To ensure that any person
claiming such a remedy shall have his right thereto determined by competent
judicial, administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop the
possibilities of judicial remedy; (c) To ensure that the competent authorities
shall enforce such remedies when granted."
[2] The Supremacy clause, Article
VI § 2 of the Constitution for the United States of America, “This
Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.”
[3] Congress passed the §
2 of the 1866 Civil Rights Act (Title Criminal 18 U.S.C. § 241 & 242)
over the Veto of President Andrew Johnson, March 27, 1866. An excerpt from his remarks attached to his
veto "This provision of the bill seems to be unnecessary.. without
invading the immunities of… the judiciary, always essential to the
preservation of individual rights; and without impairing the efficiency of ministerial officers, always necessary
for the maintenance of public peace and order." "It is, therefore,
assumed that… the State courts who should render judgments in antagonism with
its terms, and that marshals and
sheriffs who should as ministerial officers execute processes sanctioned by
State laws and issued by State judges in execution of their judgments, could be
brought before other tribunals and there subjected to fine and imprisonment,
for the performance of the duties which such State laws might impose."
[4] “And if you think that is a
national problem, consider that the United States is by far the World's
greatest power; it is not accountable to its own people for its abuses of
power, and that abuse of power flows freely into international circles. Given
that reality, there is not a nation in the world that should not fear us in the
same way that a reasonable person fears a child with a gun.” 31 U. WEST L.A. L.
REV. ( Summer 2000 ) JOHN E. WOLFGRAM e.g., George Bush’s false representations
of Weapons of Mass Destruction in Iraq, “The Prosecution of George W. Bush for
Murder” by Famed prosecutor Vincent Bugliosi -
Underlining and parenthetical text added for emphasis.
[5] “Damages” By Dahlia Lithwick, Slate, posted Monday, Aug. 8,
2011, at 7:22 PM ET underlining and foot note added
[6] Mr. Thompson in the New York Times in response to the Supreme
Court’s ruling in Connick,
District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[7] October 2009 - Federal
record-keeping guidelines (§
1236.22 (b)) for
the use of personal accounts are tightened, requiring that any such records be
preserved in federal systems. September
2013 --
National Archives and Records Administration clarifies that personal email can
only be used in "emergency situations" and that emails from personal
accounts should be captured and managed in accordance with agency
record-keeping practices.
[8] Hillary
Clinton's term January 21, 2009 –
February 1, 2013
[9] February 2013 - Mrs.
Clinton leaves office. Four months later, State Department staff members
reviewing the Benghazi attacks discover correspondence, for the first time,
between her private email account and the government accounts of her immediate
staff.
[11] October 2009 - Federal
record-keeping guidelines (§
1236.22 (b)) for
the use of personal accounts are tightened, requiring that any such records be
preserved in federal systems. September
2013 --
National Archives and Records Administration clarifies that personal email can
only be used in "emergency situations" and that emails from personal
accounts should be captured and managed in accordance with agency
record-keeping practices.
[12] "Hillary Clinton apologizes
for e-mail system: 'I take responsibility'" Washington Post
- By Anne Gearan September 8, 2015
[13] FBI Director Comey: Emails
Were Not Properly Marked as Classified - Jul
7, 2016 Press Release - The Committee
on Oversight and Government Reform - Ranking Member Elijah E. Cummings
[14] I apologize for the excess of information,
but I have been RELIVING the instant EVERYDAY
“Consequently, it (the judge’s
order) can be facially invalid only if it was issued in the "clear absence
of all jurisdiction." Stump v. Sparkman,435 U.S. 349, 356-57, 98 S.Ct. 1099,
55 L.Ed.2d 331 (1978) (citation omitted).” Id.”.
As
an additional controlling relevant issue, Judge Goeke never provided due process
to the petitioner. Goeke signed the order
and then handed the issue off to Family Court Commissioner Jones. As a Family Court Commissioner, of LIMITED jurisdiction,
Jones had no jurisdiction over the criminal issue of a DWI:
[I]f a probate judge, with jurisdiction
over only wills and estates, should try a criminal case, he would be acting in the
clear absence of jurisdiction and would not be immune from liability for his action;
on the other hand, if a judge of a criminal court should convict a defendant of
a nonexistent crime, he would merely be acting in excess of his jurisdiction and
would be immune.
Id. at 357 n. 7, 98 S.Ct. 1099..
PENN v. U.S. 335 F.3d 790 (2003)
The assertion of a misdemeanor traffic violation does not
provide REASONABLE probable cause for an ex parte order of protection. Clearly based on the original SERVED handwritten
petition dated 11-03-03 as provided IN THE PETITION, there was a complete absence of jurisdiction
for the stated charge.
[17] “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, Certiorari to the Supreme Court, No. 09–571. Argued
October 6, 2010—Decided March 29, 2011
[18] ADDITIONALLY - the petitioner holds “This argument (Connick, District Attorney, et
al. v. Thompson No. 09–571 Decided March 29, 2011) with respect to volume of traffic seems to us
to be without merit. It makes the constitutional right depend upon the number of
persons who may be discriminated against, whereas the essence of the constitutional
right is that it is a personal one.” McCabe
v. Atchison, T. & S.F. Ry. Co., 235 U.S. 151 (1914)
[19] See Original Petition dated Tuesday, June
07, 2016, pages 26-33
[20] Ashcroft v. al-Kidd, 563 U. S. 731, 741 (2011),
Mullenix v. Luna 577 U. S. ____ (2015)
[21] Ashcroft V. Al-Kidd 563 U. S.
_(9)_ (2011), Anderson v. Creighton, 483 U. S. 635, 640 (1987).
[24] Parenthetical text added for clarity here
[25] C. S. Lewis prescient assertion: “Of all tyrannies,
a tyranny sincerely exercised for the good of its victims may be the most oppressive.
It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes
sleep, his cupidity may at some point be satiated; but those who torment us for
our own good will torment us without end for they do so with the approval of their
own conscience.”
[26] “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)
[27] “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)
[28] 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)
[29] “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)
[31] Ibid., Imbler v. Pachtman, 424 U. S. 428 (1976)
[32] Ibid., Imbler v. Pachtman, 424 U. S. 428 (1976)
[33] 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))
[34] Ibid., Briscoe v. LaHue, 460 U.S. 345 (1983)
[35] Criminal 18 U.S.C. § 241 & 242 and Civil 42 U.S.C. § 1983 and 1985
[36] 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
[37] List of Docketed and DENIED Petitions for
Writ of Certiorari to the Supreme Court of the United States With links to the verbiage
for same at DGJeep.Blogspot.com
[38] 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)
[39] Penn v. U.S. 335 F.3d 786 (2003)
[40] “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)
[42] 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!!!!!!!!!!
[43] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[44] 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
[45] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[46] “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.
[47] 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.
[48] Imbler
v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[49] Briscoe
v. LaHue, 460 U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[50] “Nothing in the world is more dangerous than
sincere ignorance and conscientious stupidity.” Martin Luther King “Strength to
Love” 1963
[51] 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).
[52] 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
[53] 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 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.
[54] Briscoe
v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for “all persons -- governmental or otherwise --
who were integral parts of the judicial process”
[55] “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.
[56] 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.
[57] Imbler
v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[58] Briscoe
v. LaHue, 460 U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[59] “Nothing in the world is more dangerous than
sincere ignorance and conscientious stupidity.” Martin Luther King “Strength to
Love” 1963
[60] 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).
[61] 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
[62] 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 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.
[63] Briscoe
v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for “all persons -- governmental or otherwise --
who were integral parts of the judicial process”
[64] “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.
[65] “Floyd and Barker, reported by Coke, in 1608” Bradley v. Fisher - 80 U.S. 347 (1871), Pierson
v. Ray - 386 U.S. 554 (1967)
[66] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[67] 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
[68] "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)
[69] “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)
[71] 18 USC §241 - §242 Criminal Deprivation
of rights under color of law
[72] “Nothing in the world is more dangerous than
sincere ignorance and conscientious stupidity.” Martin Luther King “Strength to
Love” 1963
[73] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[74] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[75] “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)
[76] “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)
[77] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[78] “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)
[79] 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).
[80] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[81] 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).
[82] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[83] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[84] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[85] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[86] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[87] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[88] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[89] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[90] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[91] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[92] Judicial sophistry is the “ABSOLUTE” WORST kind of sophistication,
ibid.
[93] “Property” James Madison Essays for the National
Gazette 1791- 1792 “equally respect
the rights of property and the
property
in rights”
[94] BRENNAN, J., delivered the opinion of the
Court in OWEN V. CITY OF INDEPENDENCE, 444 U. S. 622 (1980)
[95] “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
[96] 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”
[97] 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.
[98] 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.
[99] 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!!!!!!!!!!
[100] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[101] 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
[102] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[103] “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.
[104] 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.
[105] Imbler
v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[106] Briscoe
v. LaHue, 460 U.S. 345 (1983) Police ABSOLUTE IMMUNITY
[107] “Nothing in the world is more dangerous than
sincere ignorance and conscientious stupidity.” Martin Luther King “Strength to
Love” 1963
[108] 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).
[109] 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
[110] 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 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.
[111] Briscoe
v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for “all persons -- governmental or otherwise --
who were integral parts of the judicial process”
[112] “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.
[113] Alexander Hamilton’s assertions of danger
of “constructive power” to rights with in Federalist number 84
[114] “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)
[115] 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.
[116] Penn v. U.S. 335 F.3d 786 (2003)
[117] 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.”
[118] 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.
[119] Mireles v. Waco,502
U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam)
[120] Penn v. U.S. 335 F.3d 786 (2003)
[121] "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)
[122] 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.
[123] 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
[124] Penn v. U.S. 335 F.3d 786 (2003)
[125] 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
[126] In criminal case the “exclusionary rule” is
an obfuscation of the Government’s Article III vicarious liability for due Process
rights.
[127] 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.”
[128] 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.
[129] 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.
[130] 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.”
[132] 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.”
[133] 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.
[134] "reckonability" is a needful characteristic
of any law worthy of the name." Antonin
Scalia, ibid.
[135] After NINE years of Good Faith
appeals, the issues of undeclared exigent circumstances and or Good Faith immunity
are no longer available.
[136] 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)
[137] 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,
[138] 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,
[139] 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.
[140] 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,
[141] 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,
[142] “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.”
[143] 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 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.
[144] “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)).
[145] 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 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.
[147] “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!!!!!
[148] ""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)
[149] 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)
[150] 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)
[152] Aldous Huxley
[153] “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)
[154] 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!!!!!!!!!!!!!
[155] 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.
[156] “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
[157] 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”
[158] 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.
[159] 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.
[160] 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.
[161] 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.
[162] “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
[163] 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.”
[166] Monroe v. Pape, 365 U. S. 167 (1961) and Pierson v. Ray, 386 U.
S. 559 (1967)
[167] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[168] “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”
[170] The redress of a justifiable grievance REQUIRES
a remedy in BOTH law and equity
[171] 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
[172] 1st Amendment, “Congress shall make no law abridging the right of the people to petition
the Government for a redress of grievances.”
[173] 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.
[174] “Nothing
in all the world is more dangerous than sincere ignorance and conscientious stupidity”
(MLK Jr., Strength to Love, 1963).
[175] “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
[176] The Caging of America, Why do we lock up so
many people? by Adam Gopnik, The New Yorker, January 30, 2012
[177] “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
[179] 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.
[180] 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
[181] “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
[182] “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.”
[183] 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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[184] “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.
[185] “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
[190] See also USCA8 07-2614,08-1823,10-1947,11-2425
and Writs of Certiorari to the Supreme Court 07-11115, 11-8211,
13-5193
and 13-7030
[191] “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