Monday, December 8, 2008

Where has Justice gone??

Where has Justice gone??

. “We the People of the United States, in Order to form a more perfect Union establish Justice, insure domestic Tranquility, provide for the common defence[1], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.[2]”

The Constitutional Rights we all learned about in Grade School are unenforceable, under color of law in this country. Those working under color of law, our law enforcement agencies, are held by the Guild to be immune from prosecution. I am not talking about some Guatanamo Bay issue with foreign alleged terrorist or the unenumerated civil rights in a criminal prosecution. I am talking about a civil dispute between American Citizens without any violence. You see the Guild of judges, prosecutors and police all have immunity from criminal and civil prosecution. Thus you can not enforce the rights guaranteed by our constitution and defined by our Civil Rights Legislation, i.e. Title 18 Crimes and Criminal Procedure, Part 1, Chapter 13 Civil Rights and Title 42 The Public Health and Welfare, Chapter 21 Civil Rights. In case you are not familiar the text of the two key subsections:

Title 18 Crimes and Criminal Procedure § 242. Deprivation of rights under color of law:

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….


Title 42 The Public Health and Welfare § 1983. Civil action for deprivation of rights:

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.

These laws were originally enacted in 1871, just after the Civil War, but the Supreme Court and all the lower courts have been in essence Warring with the Constitution over their enforcement. The Supreme Court declares “Absolute Immunity for Judges and others, i.e. the prosecutors and police. These laws are therefore unenforceable. The Supreme Court can not declare them unconstitutional because they assert nothing but the constitution. Via the war against our constitutional rights the Supreme Court has said, that those acting “under color of law” are immune from protecting or providing our rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

I say again, “Where has justice gone??” “We the People” laid out our belief in Justice and our basic rights in our Constitution. In America today we do not have justice, we do not have rights; we are the at-will subjects of the Guild of Judges. We are forced into the sophistry and chicanery of their biased, unequal superficially-adversarial game platform some still call our Justice system.

Webster defines Justice as: the establishment or determination of rights according to the rules of law or equity i. e., specifically: freedom from bias or favoritism

Where is the rule of law, when Judges will sign off on orders without even the appearance of probable cause as required by the statute and the constitution? Where is the Justice when new charges can be cooked up in court during a hearing out of self-serving and inflammatory testimony of those that stand to gain by an order in favor of the new charge?

Where is the justice when the opposition, the Judges, the Prosecutors and the Police have immunity from the Law. Where is the adversarial system when one side has the ability to perjure themselves on the stand under oath with impunity that only immunity from responsibility bestows, with the badges and the presumed creditability, under color of law, of their offices pinned to their chest? Where is the equality when the Prosecution and the Police have virtually unlimited budgets as compared to any single defendant.

We do not have Justice today in America, as Thomas Jefferson wrote years ago “We have long suffered under the base prostitution of the law to party passion 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.[3]" For too long in this country it has always been thus, Judges have for too long enjoyed a Royal favored status undeservedly so, with their unconstitutionally asserted “absolute/sovereign immunity”. Absolute/sovereign immunity necessitates perfection or Royal Status as its foundation. And NO person presently walking on this earth in this country has any creditable claim to perfection and or Royal status.

The legal profession likes to assert that it is the integrity of the adversarial system that keeps Justice on the right path. Justice is not a game. This is not about winning and losing like a sporting event or a game of chance. Justice is a goal driven process with Justice as the desired result. If an adversarial competition was the goal, we could have a foot race or simpler yet flip a coin to determine the outcome. Justice as a goal has to be fair to all parties not just the fleet of foot or the lucky or those with the experienced high priced lawyers.

I was in a waiting room the other day, being forced to watch old reruns. There was an old Matlock episode on. Matlock always got his clients off, everybody went home happy. I got to thinking who was it that paid Matlock? Those people were apparently happy to have gotten off, but I know they never saw a bill from Matlock, in Hollywood’s version. I am sure nobody has ever been happy having to pay a high priced lawyer to defend his or her innocence. Nobody ever gets off in real life, even if you are defended and then acquitted via a public defender, your life and reputation has been seriously compromised to say the least. And if you are like me and forced in to an appeal, the time in personal terms and the cost monetarily is multiplied geometrically.

But maybe for society it is worth it, maybe some people have to pay the price for the honest human errors of the judges, the prosecutors and the police. I do not think they should, but let’s for the sake of argument say ok, it was human error on the all too obviously inept prosecution team on Matlock.

That is not the situation in my case. These were not honest human errors, these were premeditated and explicit illegal and unconstitutional acts by merciless criminals. They knew when they did it, it was WRONG, they were informed, via timely objection, while they were doing it, it was WRONG, there were numerous post trial motions highlighting the unconstitutional and illegality of their actions as WRONG and with the ongoing five-year appeal, I have continually been reminding them they were WRONG!!!!

Our constitutional rights have been law in this country for nearly 217[4] years. Our rights in this country have been defined by the civil rights law, as referenced above, and the 14th amendment for 140[5] years. I for one believe we have gotten past the learning phase; there is no question as to what is an enforceable Civil Right. There is no need for immunity.

In my mind the criminals in my case, the judges, the prosecutors and the police, are more evil than Satan himself. Satan at least, as the devil, has the integrity to admit he is evil, when he appears as the devil with his horns, red robe and tail. These people walk around looking for all to see as if they are champions of law and justice, wearing their black robes, badges and uniforms, while all the time perpetrating their evil behind the false fa├žade, of their immunity.

There are those that tell me I lost; I need to get over it. I say simply this is about my Son, my good name and my father’s good name; I will never surrender any of those to Criminals!!!!!!!

I say again,

“Where has Justice gone??”

I ask you to look at the two attached Petitions, one a Motion for Reconsideration, to the Supreme Court for a Writ of Certiorari. The appeals court openly states, “an extended discussion is not warranted[6]” they do not even need to take the time to look at the appeal if it concerns Immunity.

Time is of the essence; people are going to die. If there is anything further, I can do for you in this regard, please let me know.

Thank you in advance.

David G. Jeep

David G. Jeep

cc: file

[1][1] Defense is spelled “defence” in the preamble. If we apply the rules of sophistry used in other areas, this might mean that the Army, Navy and the Air Force are all unconstitutional and thus illegal institutions.

[2] The preamble to the United States Constitution

[3] May 26, 1810 a letter Thomas Jefferson to John Tyler, From “The Thomas Jefferson Papers Series1, General Correspondence, 1651-1827 (Library of Congress)

[4] The "Bill of Rights” was ratified December 15, 1791

[5] Title 18 Crimes and Criminal Procedure, Part 1, Chapter 13 Civil Rights and Title 42 The Public Health and Welfare, Chapter 21 Civil Rights were originally enacted as the Ku Klux Klan Act of 1871

[6] United States Court of Appeals, FOR THE EIGHTH CIRCUIT No. 08-182, Court Order, Submitted: October 6, 2008, Filed: October 10, 2008 as attached here

Thanks in advance,

"Time is of the essence".

David G. Jeep