Tuesday, September 23, 2008

Why do Judges have Immunity?

Why do Judges have Immunity?

Judges have immunity as the relic of the Royalist past and the most disgraceful act of disregard of our democratic principles ever perpetrated on the American People, better known as “Sovereign Immunity”. “Sovereign Immunity” is a hold over from the divine right of Kings. Generally speaking it is the doctrine that the sovereign cannot commit a legal wrong because their will is the law on earth and thus they are immune from civil suit or criminal prosecution; hence the saying, the king (or queen) is royal, they can do no wrong.

But I say again, “Why do Judges have Immunity”. Judges are neither royal nor divine nor are they the law on earth per our laws, per our constitution. “We the People” are the law on earth in our Free and Democratic society. We through off the Royals in 1776, for their indefensible assertion of “divine rights” and they had a more credible and historical right to the claim of divinity than any member of a democratically appointed/elected government “of the people, by the people and for the people[1].”

As Thomas Payne put it in Common Sense ".... the Law is King in America. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.[2]” “There ought to be no other” includes the would be royals in black robes, our judges. Judges have a job to do, and they themselves profess on their building "Equal Justice Under the Law". If they disregard "Equal Justice Under the Law" as defined in writing by our “rights, privileges, or immunities secured by the Constitution and laws[3]” they need to be held accountable to the parties injured. If they disregard the written law and rule in favor of their bias and bigotry then they ought to be held accountable to the law and accountable to the injured parties.

It has not always been so. Judges just post Civil War were known to be biased, bigoted and corrupt. President Grant requested and the Post Civil War Congress passed the 1871 Civil Rights Act, now codified into the United States Code as TITLE 42 - THE PUBLIC HEALTH AND WELFARE, CHAPTER 21 - CIVIL RIGHTS, SUBCHAPTER I – GENERALLY § 1983. Civil action for deprivation of rights (42USC1983):

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”

and TITLE 18--CRIMES AND CRIMINAL PROCEDURE, CHAPTER 13--CIVIL RIGHTS § 241. Conspiracy against rights (18USC241):

“Whoever, under color of any law, statute, ordinance, regulation, or custom, 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, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

to ensure and enable the recently emancipated slaves the where with all to establish their newly granted United States Constitutional guarantee of “Civil Rights” in federal courts. Thus eliminating if you will the prior controlling principle of state’s rights.

Title 42 § 1983 and Title 18 § 241 are Law in the United States of America; there is no disputing that! The Civil Law, Title 42 § 1983, includes “Every person”. The Criminal Law, Title 18 § 241, includes “Whoever”. Neither of the Laws attempts to exclude Judges. Point in fact the Civil Law, Title 42 § 1983, includes specific reference to Judges as potential defendants i.e., “any action brought against a judicial officer”.

I say again, “Why do Judges have Immunity?” Judges have immunity because they snuck it in and they assert that they need it. Our constitution specifically says Judges “shall hold their Offices during good Behavior[4]”, therefore the constitution assumes their will be bad behavior. Bad behavior for any employee is failure to do your job and/or abide by the law. Immunity for the judges is not a part of the constitution.

Why do the Judges assert they need immunity? Does immunity make the coward brave, NO. Does immunity make the incompetent Judge, competent, NO. Does immunity improve the ordinary honest hard working Judge and make him better, NO. Immunity for the honest conscientious Judge is inconsequential. Immunity is of little or no importance for the judge who is honest and does his best to abide by the law. The law despite all reports to the contrary is a simple thing. If the law were as complicated and as obscure as some would have you believe: it would be useless and unenforceable. I have no intention of breaking the law. I see the need for and believe in the Law. I do not break the law, why do I or any other like-minded citizen need or want immunity, unless it is your intention to break or bend the law.

Again, why would anyone need immunity???? The only ones to benefit from immunity are the corrupt, incompetent, bigoted and biased Judges. Their victims are routinely victimized and left to foot the bill with enormous legal and personal cost. To put it figuratively, the emperor has no clothes but we are expected to see them as clothed. To put it bluntly, their claimed need for immunity is the biggest crock of SHIT, known to mankind.

“Why do Judges have Immunity?”, because they assert it in their judicial rulings, even though it is diametrically opposed to our declared and defended belief that “all men are created equal.[5]” They have the unmitigated gall to assert that they are not to be included in the reference “Every person” and “Whoever” as referenced in the United State Code. It is as if they expect us to believe that “We the People” cannot read what “We the People” have written into law.

Occasional error is unavoidable, like breathing, we all have to make our share of mistakes. But if we are not held accountable for them we become as Judges have Royally promiscuous and indulgent of their own bias and perversions.

Now I am not talking about some unrelated singular act of Judicial denial of our constitutional rights. This is happening to me now personally. I am talking about two whole courthouses full of State of Missouri District Judges and to date two federal judges and three federal appeals court judges, I list thirty Judges specifically as defendants with cause in the original complaint. All of the original defendants have had direct participation in the denial of my Civil Rights with their en banc authority[6]. There was no clear and present danger, no violence alleged or involved in the original judicial court orders that instigated this. The only violence even referenced was conjured up out of nothingness and added to the particulars of the charges during the trial and immediately prior to the judge’s ruling to give it the appearance of credibility. These Judges, these police officers and prosecuting attorney’s have stolen from me. They used a Judges presumed authority to corrupt the system and defile the rights our father and forefather have fought and died to defend.

And I will be up front and unashamedly honest, I want them all to pay both criminally per Title 18 § 241 and per Title 42 § 1983 of the United State Code, THE LAW of the LAND. This has now lasted longer than the Civil War (1861–1865) and longer than World War II (1941-1945), this is the Judicial WAR[7] (2003-2008)!!!!! I feel confident that if the actual time and casualties could be accounted for, it would far exceed if not include EVERY WAR against any tyrant or despot to date.

[1] Lincoln's Gettysburg Address, Gettysburg, Pennsylvania, on the afternoon of Thursday, November 19, 1863
[2] Thomas Paine, Common Sense 1776
[3] TITLE 42 - THE PUBLIC HEALTH AND WELFARE, CHAPTER 21 - CIVIL RIGHTS, SUBCHAPTER I – GENERALLY § 1983. Civil action for deprivation of rights
[4] United States Constitution, Article 3, Section 1 Judicial Powers
[5] The Declaration of Independence 1776
[6] See Petition for a writ of certiorari the Supreme Court Docket #07-11115 and United States Federal 8th Circuit Court of Appeals Case Docket #08-1823
[7] Even though I carry no weapons and threaten NO VIOLENCE