Thursday, July 18, 2013

The Trayvon Martin and George Zimmerman issue was and is a tragedy. PLEASE do not give into the “race baiters” and enlarge the tragedy by questioning Due Process of Law.




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Delivered------------------------- WASHINGTON, DC 20530- July 22, 2013 12:16 pm
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Donald B. Verrilli Jr.                                          Eric H. Holder, Jr.
Solicitor General                                                Attorney General
United States Department of Justice             United States Department of Justice
950 Pennsylvania Avenue, N.W.                     950 Pennsylvania Avenue, NW
Washington, DC  20530-0001                         Washington, DC 20530-0001

Re:      Petition for a Writ of Certiorari 13-5193, Jeep v. Obama / Government U.S.
       forma securitatis,[1] in both law and equity for RIGHTS

Dear Sirs,

Please note the attached copy of the First-Class® Certified™ Mailing to the President, I am soliciting his/your help.  Not only do I need the administration to NOT defend "absolute immunity," I need you to "take care that the Laws be faithfully executed"[2] and PROSECUTE the criminal statute law for the crimes[3] against constitutional CIVIL RIGHTS!!!!! 

The Trayvon Martin and George Zimmerman issue was and is a tragedy.  PLEASE do not give into the "race baiters" and enlarge the tragedy by questioning Due Process of Law.  Due Process of law has had its chance.  Although we may second guess the result from our, less than fully informed, proverbial Monday morning quarterback position; we have no reason to doubt the integrity and reciprocity of the Jury's decision on the totality of the evidence they, not us, were presented.  There was "facially" NO civil rights violation e.g., there was no "facially" [4] fraudulent [5] invalid court order issued, there was no "facially"  withholding of "exculpable evidence," there was no "facially" "knowingly false testimony by police officers" or any other "persons -- governmental or otherwise -- who were integral parts of the judicial process."

You want to promote Civil Rights and prosecute someone for "the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States?"[6]   In the Jane Crow era[7] prosecute the "malicious or corrupt" [8] Judges that EVERYDAY authorize "facially" [9] fraudulent[10] invalid court orders/warrants, prosecute the "facially" "malicious or dishonest"[11] Government Attorneys that everyday knowingly[12] "withhold exculpable evidence"[13] and prosecute whenever and where ever there is "facially" "knowingly[14] false testimony by police officers"[15] or by any "persons -- governmental or otherwise -- who were integral parts of the judicial process" [16] as is uncontested fact in the Petition for a Writ of Certiorari 13-5193, Jeep v. Obama/Government U.S.

The media gets things so emotionally riled-up the real issues get lost.  The Founding Fathers saw such emotionalism as a potential abuse and hoped to contain it with the 5th Amendment's emotional detachment "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury."  A Grand Jury was assumed to be emotionally detached and impartial, not the unjustifiable vehicle for the indictment of a "ham sandwich."[17]  The only outstanding issue with Trayvon Martin and George Zimmerman is GUN CONTROL, not what motivated the violence.  Of course emphasizing "racially motivated violence" makes for MUCH more impact with yellow journalism's sensationalized headline.

There will always be violence want-a-be cops v want-a-be tough guys, young insecure adolescents v older insecure middle aged adolescents and there will unfortunately be racially motivated this color v that color.  Too put too fine a point on Trayvon Martin and George Zimmerman disproportionately empowers issues not clearly controlling.  We can never completely pacify human conflict; that is a given.  What can be done is to lawfully regulate the militia per the 2nd amendment.  If you do not regulate the militia and allow an unregulated heavily armed populace; you are undeniably going to get MORE violently escalating tragedies like Trayvon Martin and George Zimmerman, not to mention Sandy Hook, Tyrifjorden (Buskerud, Norawy) and Aurora (Colorado).

Admittedly the Petition for a Writ of Certiorari 13-5193, Jeep v. Obama/Government U.S. inculpates the government of the United States.  I have been openly and unrelentingly pacifically been petitioning/suing/pursuing[18] to retrieve my rights for 10 plus years.  There is no way to assert a non-culpable "good Faith" error.  I have openly suffered through 10 years of deprivation, 5 years homeless, 411 days in jail, 2 psychological competency exams and been through the United States Eighth Circuit Court of Appeals seven times (case #07-2614, 08-1823, 09-2848, 10-1947, 11-2425, 12-2435 and 13-2200), with two prior docketed and denied Petitions for Writ of Certiorari to the Supreme Court (07-11115 and 11-8211).  No place is there a constitutional prohibition for governmental liability, be it good faith human error, malice, corruption or incompetence.[19]  The Constitution's 1st Amendment deliberately does not limit causation i.e., "Congress shall make no lawabridgingthe right ."

We do not need a constitutional amendment.  The Supreme Court has proven prior that they can ignore the "sense and reason" [20] of the Constitution, the Amendments and the statute law.  What we need to do is force our Judiciary to heel to their oath of office.  It may initially require impeachment.  We the People incorporated for a constitutional judiciary/government where We the People have forma securitatis,[21] in both law and equity for RIGHTS, the "sense and reason" of the law, via the inherent reciprocity of the Jury System under Due Process of Law.  A requirement for an "uberempathetic voting (majority of the ) population so concerned for the rights of others that they will vote on the basis of policies that do not impact their own lives"[22] axiomatically defeats individual and minority rights.  The raison d'être[23] for a constitution was to indemnify inalienable individual RIGHTS and suppress, Socrates's nemesis, an ABSOLUTE democratic majority's dictatorial rule.

"Absolute immunity" QUASHES inalienable Basic Human Rights, The Constitution for the United States of America and Statute Law!!!!!!!
"Constitutional provisions, adopted in the interest of liberty and for the purpose of securing, through national legislation, if need be, rights inhering in a state of freedom and belonging to American citizenship have been so construed as to defeat the ends the people desired to accomplish, which they attempted to accomplish, and which they supposed they had accomplished by changes in their fundamental law"[24] have been defeated and disregarded by ABSOLUTE IMMUNITY from the intended, inherent reciprocity of the jury system under Due Process in both law and equity. 

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

cc:  My Blog - Thursday, July 18, 2013, 10:06:14 AM











[1] "A radical solution was thus proposed in clause 61 of the charter, known as the security clause (forma securitatis)." Matthew Strickland, 'Enforcers of Magna Carta (act. 1215–1216)', Oxford Dictionary of National Biography, Oxford University Press. [http://www.oxforddnb.com/view/theme/93691, accessed 10 July 2013]
[2] Constitution for the United States of America, Article. II., Section. 3.
[3] 18 U.S.C. § 241 & 242 Criminal Deprivation of rights under color of law
[4] Penn v. U.S. 335 F.3d 786 (2003)
[5] The fraud exception to rei publicae, ut sit finis litium, and nemo debet bis vexari pro una et eadam causa is self evident.  United States v. Throckmorton, 98 U.S. 65 (1878)
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.
[6] 18 U.S.C. § 241 & 242 Criminal Deprivation of rights under color of law
[8] 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.
[9] Penn v. U.S. 335 F.3d 786 (2003)
[10] United States Eighth Circuit Court of Appeals seven times (case #07-2614, 08-1823, 09-2848, 10-1947, 11-2425, 12-2435 and 13-2200), with two prior docketed and denied Petitions for Writ of Certiorari to the Supreme Court (07-1115 and 11-8211)
[11] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[12] Ibid. United States Eighth Circuit Court of Appeals seven times – two prior Petitions for Writ of Certiorari
[13] Brady v. Maryland, 373 U.S. 83 (1963)
[14] Ibid. United States Eighth Circuit Court of Appeals seven times – two prior Petitions for Writ of Certiorari
[15] 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."
[16] Briscoe v. LaHue, 460 U.S. 325 (1983)
[17] The Court House colloquial wisdom is that a prosecuting attorney could get a "ham sandwich" indicted. 
[18] Petitioning the government was referenced legally synonymous with suing by Mr. Chief Justice MARSHALL in the seminal Supreme Court precedent Marbury v. Madison, 5 U.S. 163 (1803) "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."
[19] 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). 
Law enforcement "Convicted defendants left uninformed of forensic flaws found by Justice Dept." By Spencer S. Hsu, The Washington Post published: April 16, 2012, The Washington Post
[20] MR. JUSTICE HARLAN dissenting. Civil Rights Cases, 109 U.S. 26 (1883)
[21] "A radical solution was thus proposed in clause 61 of the charter, known as the security clause (forma securitatis)." Matthew Strickland, 'Enforcers of Magna Carta (act. 1215–1216)', Oxford Dictionary of National Biography, Oxford University Press. [http://www.oxforddnb.com/view/theme/93691, accessed 10 July 2013]
[22] 2007, 'Equality in the War on Terror' Neal K. Katyal, 59 Stan. L. Rev. 1365-1394 (2007)
[23] "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 decision makers 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)
[24] MR. JUSTICE HARLAN dissenting. Civil Rights Cases, 109 U.S. 26 (1883)

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Thanks in advance

To Kill a Mocking Bird, The Denial of Due Process
"agere sequitor esse"
"Time is of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
E-mail is preferred Dave@DGJeep.com, DGJeep@DGJeep.com
(314) 514-5228

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