Saturday, December 6, 2025

FLAW

   

Pat, I am OK.  You are OK.

 -

Randall - Bradely and Dates

The FLAW in American Justice

Monday, June 09, 20253:19:41 PM

The Prosecution Rests, but I Can't

CONNICK, DISTRICT ATTORNEY, ET AL. v. THOMPSON (3/29/11)

 

For the nearly 100 years that preceded Randall and Bradley (1776-1868) there was neither need nor questions regarding Judicial Immunity.  Then in the five years post-Civil War there were two cases.  Randall v. Brigham, 74 U. S. 536 (April 15, 1869)[1] in response to The Civil Rights Act of 1866 passed in to law April 9, 1866 and Bradley v. Fisher, 80 U.S. 335 (April 8, 1872)[2] in response to Civil Rights Act of 1871 passed into law April 20, 1871.  


Both Randall and Bradley are contrived infighting issues, between lawyers and judges, they both concern issues regarding lawyers who’s names had been stricken from the bar by a Judge.  This in effect deprived the Lawyers of their profession.  The decisions in both Randall and Bradley are supposedly based on the common law Immunity derived from Lord Coke Floyd and Barker (1607).


Randall v. Brigham, Page 74 U. S. 536 (1868) was a judicial subterfuge to give the judiciary immunity from the recently enacted, over President Johnson’s Veto[3] expressed concerns about “assailing the independence of the judiciary” that would result from The Civil Rights Act of 1866[4] (any person under color of law who deprives someone of their rights) Likewise Bradley v. Fisher, 80 U.S. 335 (1871) was a subterfuge to give the judiciary ABSOLUTE immunity from the civil enacted by the Civil Rights Act of 1871.[5] 


There is no coincidence in the relative dates The Civil Rights Act of 1866 and Randall 1869, the Civil Rights Act of 1871 and Bradley 1871.  Judicial Immunity for civil rights enforcement went somehow unquestioned for nearly 100 years.  This hundred years it should be noted included the very worst of, post civil war, racial atrocities and civil rights abuses.  To think that somehow some one never thought to question a judge’s immunity from civil rights abuses seems almost nonsensical. 


That changed largely as the result of the America’s non-violent civil rights movement 1950-1980.  But even with the empowerment of African america’s cvil rights immunity for civil rights has become a burgeoning growth industry within Supreme Court Precedent.  In the recent past the Supreme Court  has awarded starting with Pierson v. Ray, 386 U. S. 558 (1967) Judicial absolute immunity as regards Civil RightsImbler v. Pachtman, 424 U.S. 409 (1976) prosecutorial absolute immunity as regards Civil RightsStump v. Sparkman, 435 U. S. 365 (1978) as regards what can only be described despotic judicial absolute immunity as regards Civil Rights and finally Briscoe v. LaHue, 460 U.S. 362 (1983) which states “The common law provided absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process  absolute immunity as regards Civil Rights for EVERYBODY integral parts of the judicial process. 

 

When the Law was at the discretion of the King, there was no immunity.  As justice systems advanced common law was created to take over where the King had no interest.  The King ceded absolute power starting with the Magna Carta in 1215 and continuing on to this day.  The common law was never written down in constitutional and or statute form as it is today.  The Law was at the discretion of the King or at the Discretion of the Common Law Judges interpretation of an unwritten law. 


The whole issue of Common Law versus Constitutional statute law revolves around immunity.  Constitutional Statute Law was created to remediate the inequities of the Common Law system.  The Common Law system left too much up to the discretion of the Common Law Judge, thus “We the People” on the case of the US of A decided to write “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.”

 



[1] RANDALL v. BRIGHAM is a case that was decided by the Supreme Court of the United States on April 15, 1869. The case was argued before the court on April 6, 1869.   President john Veto Overridden by the House and became law on April 9, 1866 

[2] BRADLEY v. FISHER is a case that was decided by the Supreme Court of the United States on April 8, 1872. The case was argued before the court on February 26, 1872. In a 6-2 ruling, the U.S. Supreme Court affirmed the ruling of the lower court.  Signed into law by President Ulysses S. Grant on April 20, 1871

[3] This provision of the bill seems to be unnecessary, as adequate judicial remedies could be adopted to secure the desired end without invading the immunities of legislators, always important to be preserved in the interest of public liberty; without assailing the independence 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. The remedy proposed by this section seems to be in this respect not only anomalous, but unconstitutional; for the Constitution guarantees nothing with certainty if it does not insure to the several States the right of making and executing laws in regard to all matters arising within their jurisdiction, subject only to the restriction that in cases of conflict with the Constitution and constitutional laws of the United States the latter should be held to be the supreme law of the land.…

[4] Now codified into current statute law as TITLE 18 Criminal - PART I - CHAPTER 13 - CIVIL RIGHTS § 241 - § 249 President Andrew Johnson VETO Overridden by the House and became law on April 9, 1866 

[5] Now codified into current statute law as TITLE 42 Civil - CHAPTER 21 -CIVIL RIGHTS - SUBCHAPTER I - GENERALLY § 1981 - § 1985.   Signed into law by President Ulysses S. Grant on April 20, 1871


 

Sunday, June 8, 2025 - 8:36:51 AM

 

https://dgjeep.blogspot.com/2025/03/the-issue-with-trump.html

American Exceptionalism – NOT SO MUCH

https://dgjeep.blogspot.com/2023/10/american-exceptionalism-not-so-much.html

https://dgjeep.blogspot.com/2013/04/equal-rights-in-free-market-economy.html

A Balanced Budget for America

https://dgjeep.blogspot.com/2012/07/balanced-budget-for-america.html

BE AWARE, but do not be afraid, Trump is, at best and at worst, pathetically incompetent and INEFFECTIVE manager / leader!

https://dgjeep.blogspot.com/2025/01/be-aware.html

Trump does not know the name of the country he was or is to be president of...

https://dgjeep.blogspot.com/2025/01/istgtdnk.html

The constitutional small "d" undemocratic corrupt “dark money” Senate and Electoral College

https://dgjeep.blogspot.com/2024/01/dark-money-senate.html

Trump is a convicted and diagnosed psychotic criminal, chronic degenerate, maniacal liar and a "fucking moron!"

https://dgjeep.blogspot.com/2025/01/be-aware.html

Small "d" Un-Democratic “dark money” Senate

https://dgjeep.blogspot.com/2024/01/dark-money-senate.html

The Judicial sophistry of "absolute immunity" creates "absolute power" to the ABSOLUTE CORRUPTION of We the People's unalienable rights under color of law...  the AUDACITY of the INSANITY, ignorance and stupidity in support of a "fantastic or delusional" scenario. 

The Emperor Has No Clothes.

https://dgjeep.blogspot.com/2024/01/if-that-is-not-absolute-corruption-of.html

https://dgjeep.blogspot.com/2022/09/the-facts-of-my-case-are-without.html

DGJeep v. Supreme Court of the United States (Petitions for Writ of Certiorari 07-11115, 11-8211, 13-7030, 13-5193, 14-5551, 14-10088, 15-8884 and 18-5856)

https://www.supremecourt.gov/search.aspx?Search=David+Jeep&type=Supreme-Court=Dockets

Sunday, June 8, 2025 - 8:36:51 AM


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