Monday, December 13, 2010

Am I insane for calling for violence to overthrow the corruption????

Chief United States District Judge
Catherine D. Perry
111 South 10th Street, Suite 14.182
St. Louis, MO 63102-1125

Phone (314)244-7520
Fax (314)244-7529

Re:     It is legal in this Country to own a Gun.
Am I insane for calling for violence to overthrow the corruption????

Dear Ms. Perry,

It is legal to own a Gun.  When a person uses a gun to defend himself it is legal.  When a person uses a gun to “deprive any person of life, liberty, or propertythat is criminal.

It is legal to be a Judge.  When a person acting as a judge under under color of law within the jurisdiction of the State makes a ruling in open court to “deprive any person of life, liberty, or property” after affording them due process of law and equal protection of the laws” that is legal.  When a person in a judge’s robes sitting behind a judge’s bench under color of law within the State’s jurisdiction makes a ruling without due process of law or denies the equal protection of the laws that is criminal[1].

One criminal uses a gun to illegally “deprive any person of life, liberty, or property,” the second uses his office and the State’s authority to illegally “deprive any person of life, liberty, or property.  BOTH are criminals, both have stolen from their victims!!!!!!!!

BOTH criminals should be punished and their victims should be afforded a redress of grievances. 

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.”  The Protection of the Laws???  Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

The First Amendment assures us a right of redress, “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress of grievances.”
The Federal protection of the 14th Amendment empowers the federal Government to enforce Constitutional rights within the States “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

After the Civil War congress saw fit to further enforce Constitutional Law with the First Civil Rights Act (17 Stat. 13), commonly known as the Ku Klux Klan Act or the Civil Rights Act of 1871of 1871 the predecessors to Title Criminal 18, U.S.C, § 242, Deprivation of Rights Under Color of Law and Title 42 U.S.C. § 1983. Civil action for deprivation of rights.  As now codified into Federal Code of Law they assure us:
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.
BUT and this is a very big BUT in America today we do not have the Protection of the law.  The Supreme Court in a massive conspiracy to deny rights has awarded “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).
Therefore as long as they do it in open court under color of law a citizen has NO recourse.  A citizen cannot press charges.  The co-conspirators, the Judicial Officers, the District Attorney, the Police and all their minions have absolute immunity.  No One will press charges within this conspiracy.  This is a black hole of abuse.  I site USA Today’s current series “Federal prosecutors series” they all hide behind “The Privacy Act of 1974 5 U.S.C. § 552a.

   A citizen can NOT sue for damages under the First Amendment or the Civil Rights Act Title 42 U.S.C. § 1983. Civil action for deprivation of rights.  The Supreme Court is at War with the Constitution and will not allow citizens its clearly defined and assured protections.  The First Amendment and the Statute Law have BOTH in effect been declared UNCONSTITUTIONAL in spite of their sole expressed purpose to establish “any rights, privileges, or immunities secured by the Constitution and laws.”

THIS IS INSANITY!!!!!!!!!!!!!!!

We the People have NO RECOURSE available.  The SUPREME COURT has abused, their non-existent, authority to make law by the grant of absolute immunity for the conspiracy for the deprivation of rights.  This CONSPIRACY is MASSIVE all consuming and all powerful under color of law “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).  Absolute Immunity was first conceived by the Supreme Court with Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) within months of the passage of First Civil Rights Act of 1871 (17 Stat. 13).  During the Civil Rights Movement of 1960’s The Warren Court reasserted the Massive Corrupt Conspiracy with Pierson v. Ray, 386 U.S. 547 1967, specifically as regards Judicial Absolute Immunity and Title 42 U.S.C. § 1983. Civil action for deprivation of rights.  That was followed by Imbler v. Pachtman, 424 U.S. 409 (1976) (Absolute Immunity for PROSECUTORS) during the Richard Nixon’s War on Crime[2] of the late 60’s.  Briscoe v. LaHue, 460 U.S. 325 (1983) was the capstone of the conspiracy affording “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”

I ask WHERE does one go for Constitutional Rights???
We do not have the PROTECTION of the LAW.
This is INSANITY!!!!!!!!!!!!!!!!!

I have been fighting this for SEVEN years.  I have endured over seven years of denial, 411 days of illegal incarceration[3], two psychological examinations, and three years of abject poverty, homelessness and life on the street in my struggle, Jeep v. United States of America[4]

I was held to answer TWO unsubstantiated infamous charges without probable cause.  In direct denial of my 4th Amendment, 5th Amendment and 14th Amendment rights.  Under the first unsubstantiated infamous charge (Jeep v Jones, et al) I was held because of the unrelated second unsubstantiated infamous charge (Jeep v Bennett, et al).  The second unsubstantiated infamous charge was from a different geographical jurisdiction and a different subject matter jurisdiction.  Thus the judicial officer, a commissioner of limited jurisdiction, not only had no probable cause to establish jurisdiction over me and hold me to answer on an infamous charge, he had NO geographic or subject matter JURISDICTION over me. 

With the second unsubstantiated infamous charge (Jeep v Bennett, et al) incompetence reigned supreme.  I was arrested and held to answer an infamous charge by two incompetent police officers over my timely and respectful objections. 

How can I prove they were incompetent, THEY ASSERTED their INCOMPETENCE in their sworn police reports at the time of arrest and under oath on the stand at trial.  I subsequent to their FALSE, I assert fraudulent and perjurious, police reports and testimony proved beyond any doubt with outside verifiable proof that their reports and testimony were FALSE. 

I took both cases to Federal Court as civil rights issues first under Title 42 U.S.C. § 1983. Civil action for deprivation of rights thinking the denial of rights was obvious.  I had been held on a pair of “infamous charges” without any “probable cause” and I had clearly been denied Justice with “Due Process of Law.”  This violated my 4th Amendment immunity from being held with out “probable cause.”  This violated my 5th Amendment immunity from being held on an “infamous” charge alone.  This violated my 5th Amendment right to “Due Process of Law” as regards the False Testimony of the Police Officers.  In that this had all happen in State Court this violated the Federal protection of 14th Amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
I was denied in 8th Circuit, Eastern and Western District of Missouri Federal Courts (U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJand U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al).  .

I took it to the 8th Circuit Federal Court of Appeals, I was denied (07-2614 and 08-1823).

I took it to the Supreme Court I was denied (Writ of Certiorari to the Supreme Court 07-11115).

I was nearly insane then, as I am now.  The Evidence is CLEAR if you just look at it.  I have been subjected to the “deprivation of rights, privileges, or immunities secured by the Constitution and laws.[5]

THIS IS INSANITY!!!!!!!!!!!!!!!

I was arrested held for 411 days illegally, I was subject to TWO psychological examinations, I was denied my 6th Amendmentright to a speedy and public trial” and then I was released penniless and on the street 25 miles from where I had been arrested at night in a cold rain in a t-shirt and prison pants.  It was another CRIMINAL denial of rights.[6]

I went back to the Supreme Court asserting Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).  Bivens was a case where the Supreme Court had allowed Federal Agents to be sued for a violation of Civil rights.  I asserted the FBI, The USMS, the Attorney for the Untied States of America and the Federal Courts had all denied me the Protection of the Law as assured by “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.[7] 

But again I was denied U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM. I took it AGAIN to the 8th District Court of appeals Appeal: 10-1947 and was again DENIED.  I went back to the Supreme Court with a Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” and was this time IGNORED!!!!!!!!!!!!!

THIS IS INSANITY!!!!!!!!!!!!!!!

The Magna Carta in 1215 (§ 61), the first modern attempt at limiting government, established the right of redress:
If we, our chief justice (judges), our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security… they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress… by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon.” 
It was assumed by the Barons, that the King, his chief justice (judges), his officials, or any of his servants might offend and there would need to be a right of redress. 

The 1st Amendment to the Constitution as the “supreme Law of the Land[8]” requires that the Courts afford “We the People” consideration and thus Due Process of Law as regard “Congress shall make no law… abridging the… the right of the people… to petition the Government for a redress of grievances.” It was assumed by the Founding Fathers, the newly formed Government would from time to time screw up and be liable to the Citizen for a redress of grievances.  The founding Fathers had learned from the experience of history from the time of Lord Coke Floyd and Barker (1607)[9] to the writing of the constitution (1787): 
If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.[10]” 
The “auxiliary precautions”[11] in the Constitution our founding fathers established precluded the grant of ABSOLUTE immunity to anyone.

Judicial Power, the administration of Justice, per Article III § 2 of the Constitution for the United States of America is to submit “under” the Rule of Law not declare immunity from it:  “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties….”  This is in addition to the Federal Judiciary’s oath of Office:
I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Justice that assured “unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” was important to the founding fathers.  The Declaration of Independence was based on a government “instituted among Men” “to secure these rights.”  Justice under a government asserting “certain unalienable Rights to over come “a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism[12]”.  James Madison in the Federalist Papers wrote:
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. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually”
We have NO Justice in the United State of America today.  Our Courts are at the discretion of POWER hungry CRIMINALS intent upon the “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws[13]

THIS IS INSANITY!!!!!!!!!!!!!!!

            Where does a person go for The Protection of the Laws???  I again quote:
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.”(Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
This is a MASSIVE ongoing a conspiracy of deliberate depraved indifference to the deprivation of RIGHTS.  Our Public servants are unencumbered by the Constitution.  They have NO civil or criminal liability for their depraved, negligent, corrupt, and malicious actions.  “We the People” are powerless in spite of Our Constitution, Our Civil Law, and Our Criminal Law.  The servants of “We the People” have DEPRIVED “We the People” of our inviolable, inalienable constitutionally assured RIGHTS!!!!!!!!!!!!!!!!!!!

Everyone[14] acting under color of law in a court of law has ABSOLUTE immunity from the “deprivation of rights, privileges, or immunities secured by the Constitution and laws.[15]  They have ALL been awarded ABSOLUTE immunity from the conspiracy for the deprivation of rights by criminally negligent, corrupt, and malicious Supreme Court precedent. 

How do we get enforcement of our rights, privileges, or immunities secured by the Constitution and laws[16] if NO ONE is liable for them?????? 

THIS IS INSANITY!!!!!!!!!!!!!!!

This is in direct conflict with The Constitution that proposes inalienable, inviolable rights i.e., “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.[17] 
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.
“We the People” have NO RECOURSE available.  The SUPREME COURT has abused, their non-existent, authority to make law by the grant of absolute immunity for the conspiracy for the deprivation of rights i.e., first in Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) followed by Pierson v. Ray, 386 U.S. 547 1967 (JUDGES), Imbler v. Pachtman, 424 U.S. 409 (1976) (PROSECUTORS) and Briscoe v. LaHue, 460 U.S. 325 (1983) (POLICE and ALLEGED victims i.e., immunity from perjury[18]).
Without the “protection of the laws” “We the People” have no defense.  The SUPREME COURT is at war with the constitution.  In self defense and in defense of my son and the Constitution I declare war!!!!!!!!!!! 

           After more than SEVEN years of denial, 411 days of illegal incarceration, two psychological exams and three years of abject poverty, homelessness and life on the street in my struggle, Jeep v. United States of America[19].  They have taken my once inalienable rights to “Life, Liberty and the pursuit of Happiness.”  I have holes in my shoes, the snow, the ice, the HUNGER is too much to bare!!!!!!!!!!!!

Am I insane for calling for violence to overthrow
the corruption????

THIS IS INSANITY!!!!!!!!!!!!!!!

If there is anything further I can do for you in this regard, please let me know.
“Time is of the essence”
Thank you in advance.

 David G. Jeep
c/o The Bridge
1610 Olive Street, Saint Louis, MO 63103-2316
E-Mail Dave@DGJeep.com (e-mail is preferred)

David G. Jeep

enclosure

cc:  file


[2] The Limits of the Criminal Sanction (Packer 1968). There Packer famously distinguished between two competing models at work in the criminal justice process, the “due process model” and the “crime control model.” In Packer's scheme, the due process model operates from a presumption of innocence and places a premium on accuracy. The crime control model, by contrast, proceeds from a presumption of guilt and focuses on efficiency. The goal of the first is to do justice, that of the latter to provide security. Although Packer was careful not to express too strong a preference for one or the other, his sympathies for the due process model were plain enough.  Also in 1968, presidential candidate Richard Nixon published a position paper on criminal justice, entitled “Toward freedom from fear.” There he laid out his vision of the American criminal justice process as a war on crime, fought by “the peace forces” against “the criminal forces,” “the enemy within” (Nixon 1968: 129–37).  Criminal Justice Process and War on Crime, Markus Dirk Dubber, DOI: 10.1111/b.9780631220923.2003.00005.x
[4] Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” currently on file in the Supreme Court clerk’s office, 8th District Court of appeals Appeal: 10-1947, U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM -- State Court Case No.: 03FC-10670M, Missouri Court of Appeals Eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 & State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).
[7] Constitution for the United States of America Article. VI
[8] Constitution for the United States of America Article. VI
[9] Lord Coke’s assertion in Floyd and Barker (1607) is the 400 year old common law basis for the unsustainable claim to Immunity in Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871), Pierson v. Ray, 386 U.S. 547 (1967) (judges), Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutors) and Briscoe v. LaHue, 460 U.S. 325 (1983) (police as witnesses, Testilying)
[10] The Federalist No. 51, The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments, Independent Journal, 2/6/1788 by James Madison
[11] The Federalist No. 51, i.e., Equal Protection of the Laws, the rights, privileges, or immunities secured by the Constitution and laws, and the Constitutional prohibition for a Title of Nobility. Article I § 9 (Federal) & § 10 (States) a.k.a., Absolute Immunity, “no personal liability”
[12] The Declaration of Independence: IN CONGRESS, July 4, 1776.
[14] Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”
[17] Constitution for the United States of America Article. VI
[18] Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”
[19] Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” currently on file in the Supreme Court clerk’s office, 8th District Court of appeals Appeal: 10-1947, U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM -- State Court Case No.: 03FC-10670M, Missouri Court of Appeals Eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 & State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).


--
Thanks in advance,
"We live in a Lawless Society...

“Agere sequitur esse”
“Time is of the essence"
David G.Jeep
http://dgjeep.blogspot.com/

Dave@DGJeep.com
DGJeep@DGJeep.com

David G. Jeep
c/o The Bridge
1610 Olive Street,
Saint Louis, MO 63103-2316