Showing posts with label Bouazizi. Show all posts
Showing posts with label Bouazizi. Show all posts

Tuesday, December 20, 2011

"My son set himself on fire for dignity"[1], The Protester, Time’s Man of the Year 2011

"My son set himself on fire for dignity"[1]
The Protester
Time's Man of the Year 2011
"A country in which nobody is ever really responsible is
a country in which nobody[2] is ever truly safe."[3]
Monday, December 19, 2011, 4:09:41 PM

      "We the People" think it could NEVER happen here, "We the People" think we are civilized, "We the People" think we have the dignity of secured Civil Rights, "We the People" think we have a judicial system that defends an individuals dignity and civil rights. 
      "We the People" are truly clueless as to our own JUDICIAL SYSTEM.  "We the People" have no enforceable rights; "We the People" have no enforceable dignity.  "We the People" wrote it into our constitution, but "We the People" in the United States of America today do not have access to dignity to enforce "We the People's" constitutionally secured civil rights, Justice.
      TODAY Justice cannot be established in the United States of America!  As proof - "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners."[5]  There are those that want to attempt to explain it away with the issue of our Drug Laws, yet every developed country in the world has been forced via trade agreements with the United States of America to enact the same DRUG LAWS.  The Difference is the black Robed Royalist Supreme Court Five[6] have ministerially[7] awarded themselves and others absolute immunity[8] from the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[9] i.e., a blanket grant of Absolute Immunity to "malicious or corrupt" judges,[10] malicious corrupt or incompetent judicially ordered forced sterilization,[11] the "malicious or dishonest" prosecutor, [12] the "knowingly false testimony by police officers"[13] and "all (malicious, corrupt, dishonest and incompetent[14]) persons -- governmental or otherwise -- who were integral parts of the judicial process" [15] acting under color of law. 
      I am truly surprised people are not dropping like flies from self immolation, as a Werther effect, in  the face of the undefeatable malicious, corrupt, dishonest and incompetent[16] judicial system in the United States of America.  "We the People" have been duped by the Royalist Black Robed Guild of Judges. 
Why would "We the People" even write a constitution if "We the People" were not intent upon holding each other and our government to it with strict scrutiny and strict liability for its violation?[17]   Why did "We the People" even write the Constitution for the United States of America as SUPREME LAW if it was our intent to allow the Judiciary to hand out absolute immunity[18] like Halloween candy for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America."[19] 
      The current and prior black Robed Royalist Supreme Court Five[20] have clandestinely and ministerially[21] awarded themselves and others absolute immunity[22] for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[23] i.e., a blanket grant of Absolute Immunity to "malicious or corrupt" judges,[24] malicious corrupt or incompetent judicially ordered sterilization,[25] the "malicious or dishonest" prosecutor, [26] the "knowingly false testimony by police officers"[27] and "all (malicious, corrupt, dishonest and incompetent[28]) persons -- governmental or otherwise -- who were integral parts of the judicial process" [29] acting under color of law.
      This is a massive conspiracy at the highest levels of our government of the people, by the people and supposedly for the People. 
      It use to be that "To bereave a man of life, says he or by violence to confiscate his estate, without Due Process of Law would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation!!!!!!!!!!!![30]" 
       Things are NOT as they were.  In the 18th Century during revolutionary times American JOURNALISM was courageous.  They fought and died for the freedom of the press.  Things are NOT as they were; revolutionary American JOURNALISM would never have stood still for "so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation" as they do today.
      Men are bereaved of their children, their life, their liberty, and their property (see Mr. Thompson (No. 09–571),[31] Mr. Smith (No. 10-8145), [32] Mr. al-Kidd (No. 10–98), [33] Ms. Millender (No. 10-704),[34] and myself (USCA8 No. 11-2425),[35]), without DUE PROCESS of LAW, all the time in the courthouses of America.  "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners. We currently incarcerate 756 inmates per 100,000 residents, a rate nearly five times the average worldwide of 158 for every 100,000.[36]"  There are those that want to attempt to explain it away with the issue of our Drug Laws, yet every developed country in the world has been forced via trade agreements with the United States of America to enact the same DRUG LAWS. 
       The difference is Civil Rights.  In the United States of American judicial system it is considered tooo inexpedient[37] to hold anyone responsible for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America."[38]
      It is considered tooo inexpedient[39] to give an innocent person unconstitutionally, illegally and wrongfully convicted of an infamous crime any hope of petitioning "the Government for a redress of grievances."  Expediency is not an acceptable excuse when it comes to Justice, law and equity.  If you give in to expediency in such an issue you will expediently condemn yourself.  Who ever said the right way had to be the easy way, the expedient way.  Why would "We the People" even take the time to write a Constitution for the United States of America as absolute law if it was not "We the People's" intent to the have "any rights, privileges, or immunities secured by the Constitution and laws of the United States of America absolutely assured as far as possible? 
      The incorporated acts of the government, its Judiciary and "all persons -- governmental or otherwise -- who were integral parts of the judicial process"[40] are considered "of so high a nature, that for their sublimity they import verity in themselves; and none shall be received to aver any thing against the record."[41]  Everyone has immunity from civil and criminal liability -- everyone but the innocent victim of the corruption, malice and incompetence.  I have to question that? 
      ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[42] in a government of free and equal persons on THIS PLANET!!!!! 
      ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by any standard of Justice, law and equity, in a government of the people, by the people and for the people on THIS PLANET!!!!!
      The ministerial[43] grant of "Absolute Immunity,"[44] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and "unlawful Conspiracy"[45] "before out of Court"[46] to obfuscate "false and malicious Persecutions."[47]
      "Immunity is given to crime, and the records of the public tribunals are searched in vain for any evidence of effective redress." "The courts are in many instances under the control of those who are wholly inimical to the impartial administration of law and equity."   I say it NOW, 2011!!! Justice William O. Douglas said it in 1961 and 1967. [48]  Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[49]. 

Impeach the current Black Robed Royalist Supreme Court FIVE[50]
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice[51] and
"fraud upon the court."
Before they have a chance to screw-up Healthcare for
100 years!!!!!!
Impeach the current Supreme Court FIVE for verifiable NOT "good Behaviour,[52]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right, with their deprivation of substantive 7th Amendment[53] justice between the government and the people, Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011 and "fraud upon the court" with Ashcroft v. al-Kidd No. 10–98  Decided May 31, 2011!!!
      The Right of Petition is the right to substantive justice between the government and the people.  We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[54]" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[55] e.g., "To Kill a Mocking Bird, The Denial of Due Process,"[56] "The Exclusionary Rule," "Grounds for Impeachment."
      Most of the 99% of Americans have not had the pleasure and are silently intimidated by the prospect of being dragged through our corrupt COURTS kicking and screaming!!!!!!  I have been kicking and screaming for nearly 8 years.  I have suffered through 411 days of illegal incarceration, 4 years of homelessness and two psychological examinations.  I ask you to review Jeep v Obama 8th Circuit Court of Appeals case #11-2425, Jeep v United States of America 10-1947," Jeep v Bennett 08-1823, "Jeep v Jones 07-2614, and the most humble Petition for a Wirt of Certiorari to the Supreme Court 07-11115."
      I have referenced "To Kill a Mocking Bird, The Denial of Due Process," in several of my papers, I do so only because the facts of the case in "To Kill a Mocking Bird" are generally known.  The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[57] Mr. Smith (No. 10-8145), [58] Mr. al-Kidd (No. 10–98)[59] and myself (USCA8 No. 11-2425).[60]   The fact that "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners"[61] PROVES IT !!!!!!!!!!!!

DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Monday, December 19, 2011, 4:09:41 PM, 0000 Blank Issue Paper REV 00.doc

David G. Jeep
c/o The Bridge, 1610 Olive Street, Saint Louis, MO 63103-2316
(314) 514-5228


[1] "Mohamed suffered a lot. He worked hard. But when he set fire to himself, it wasn't about his scales being confiscated. It was about his dignity." —Mannoubia Bouazizi, Tunisia (Mother of the Tunisisa 26-year-old street vendor named Mohamed Bouazizi
[2] "And if you think that is a national problem, consider that the United States is by far the World's greatest power; it is not accountable to its own people for its abuses of power, and that abuse of power flows freely into international circles. Given that reality, there is not a nation in the world that should not fear us in the same way that a reasonable person fears a child (or a thief) with a gun." 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM e.g., George Bush's false representations of Weapons of Mass Destruction in Iraq -  Underlining and parenthetical text added for emphasis.
[3] "Damages" By Dahlia Lithwick, Slate, posted Monday, Aug. 8, 2011, at 7:22 PM ET underlining and foot note added
[4] Mr. Thompson in the New York Times in response to the Supreme Court's ruling in Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[5] "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" and you have the moronic audacity to ask why???? "Why We Must Fix Our Prisons", By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009
[7] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law.  For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[8] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[10] 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.
[11] IN 1978 Stump v. Sparkman, 435 U.S. 349 (1978) Forced Sterilization, In 1971, Judge Harold D. Stump granted a mother's petition to have a tubal ligation performed on her 15-year-old daughter (Sparkman), whom the mother alleged was "somewhat retarded." The petition was granted the same day that it was filed. The judge did not hold a hearing to receive evidence or appoint a lawyer to protect the daughter's interests. The daughter underwent the surgery a week later, having been told that she was to have her appendix removed.  The daughter Sparkman sued.
[12] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[14] Incompetence is the most insidious and it is covered up by the grant of malice, corruption and dishonesty!!!!
[15] Briscoe v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons -- governmental or otherwise -- who were integral parts of the judicial process"
[16] Incompetence is the most insidious and it is covered up by the grant of malice, corruption and dishonesty!!!!
[17] Constitutionally secured First Amendment lawfully un-abridge-able right: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The 7th Amendment's secures the right to settle all disputes/suits equitably:   "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."  Supreme Court stare decisis "It is a general and indisputable rule that where there is a legal right, there is also a legal remedy by suit or action at law whenever that right is invaded."   "It is a settled and invariable principle in the law… that every right, when withheld, must have a remedy, and every injury its proper redress."  Chief Justice John Marshal in Marbury v. Madison, 5 U.S. 163 (1803) establishing Supreme Court precedent and quoting English common law per the Commentaries on the Laws of England (1644) by Sir William Blackstone.  "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. 137 (1803), Page 5 U. S. 163
As precedent I quote The Declaration of Independence: "In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."   Obviously The Colonist were not content to just be filing petitions they were looking for more - SUBSTANTIVE JUSTICE – for the denial of rights between themselves and the government of King George III .
[18] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[21] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law.  For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[22] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[24] 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.
[25] IN 1978 Stump v. Sparkman, 435 U.S. 349 (1978) Forced Sterilization, In 1971, Judge Harold D. Stump granted a mother's petition to have a tubal ligation performed on her 15-year-old daughter (Sparkman), whom the mother alleged was "somewhat retarded." The petition was granted the same day that it was filed. The judge did not hold a hearing to receive evidence or appoint a lawyer to protect the daughter's interests. The daughter underwent the surgery a week later, having been told that she was to have her appendix removed.  The daughter Sparkman sued.
[26] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[28] Incompetence is the most insidious and it is covered up by the grant of malice, corruption and dishonesty!!!!
[29] Briscoe v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons -- governmental or otherwise -- who were integral parts of the judicial process"
[30] Blackstone's Commentaries (1765-1769), Vol. 1, p. 136 and The Federalist No. 84 (1788) by Alexander Hamilton
[34] Messerschmidt v. Millender, No. 10-704
[35] See also USCA8 #07-2614, #08-1823, #10-1947 and Writ of Certiorari to the Supreme Court #07-11115
[36] "Why We Must Fix Our Prisons", By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009
[37] Judge Learned Hand's apathetic corrupt assertion says it best,   "As is so often the case, the answer must be found in a balance between the evils inevitable in either alternative. In this instance it has been thought (by who, the recipients, the mailicous, corrupt and dishonest judges, prosecutors, and police?) in the end better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation, (Justice is a constant dread?)." Briscoe v. LaHue, 460 U. S. 345 (1983), non italic parenthetical text added. Expediency is not an acceptable excuse when it comes to Justice, right and wrong, if you give in to expediency in such an issue you will expediently condemn yourself.  Why would we even take the time to write down as absolute law if it was not intent to the have "any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"
[39] Judge Learned Hand, Briscoe v. LaHue, 460 U. S. 345 (1983) ibid.
[41] Lord Coke Floyd and Barker (1607) This is the conclusion of the precedent with EXCEPTIONS noted.  Third logical argument end of the paragraph, the noted EXCEPTION, "but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy." (emphasis and underlining added)
[42] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered.  I have been forced into homelessness for FOUR YEARS!  The 1st Amendment secures the constitutional right to a lawfully un-abridge-able redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The 7th Amendment's secures the right to settle all disputes/suits: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law" assures justice as regards equity.
[43] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law.  For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[44] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[45] Lord Coke Floyd and Barker (1607) "Judge or Justice of Peace: and the Law will not admit any proof against this vehement and violent presumption of Law, that a Justice sworn to do Justice will do injustice; but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy."
[49] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[51] The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
[52] Article III Section 1 the Constitution for the United States of America "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour" Yes it is spelled wrong in the Constitution
[53] Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
[54] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[56] Mr. Hoar of Massachusetts stated: "Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently, and as a rule, refuse to extend that protection. If every sheriff in South Carolina (or now the State of Missouri) refuses to serve a writ for a colored man, and those sheriffs are kept in office year after year by the people of South Carolina (or now the State of Missouri), and no verdict against them for their failure of duty can be obtained before a South Carolina (or now the State of Missouri) jury, the State of South Carolina (or now the State of Missouri), through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina (or now the State of Missouri) constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens. " Cong.Globe, 42d Cong., 1st Sess. p. 334.( Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 177) Senator Pratt of Indiana spoke of the discrimination against Union sympathizers and Negroes in the actual enforcement of the laws: "Plausibly and sophistically, it is said the laws of North Carolina (or now the State of Missouri) do not discriminate against them; that the provisions in favor of rights and liberties are general; that the courts are open to all; that juries, grand and petit, are commanded to hear and redress without distinction as to color, race, or political sentiment." "But it is a fact, asserted in the report, that of the hundreds of outrages committed upon loyal people through the agency of this Ku Klux organization, not one has been punished. This defect in the administration of the laws does not extend to other cases. Vigorously enough are the laws enforced against Union people. They only fail in efficiency when a man of known Union sentiments, white or black, invokes their aid. Then Justice closes the door of her temples."  Cong.Globe, 42d Cong., 1st Sess. p. 505. (Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 178) non italic parenthetical text added fro clarity.
[60] See also USCA8 #07-2614, #08-1823, #10-1947 and Writ of Certiorari to the Supreme Court #07-11115
[61] "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" and you have the moronic audacity to ask why???? "Why We Must Fix Our Prisons", By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009


--
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

Wednesday, July 6, 2011

11-2425 U.S. Court of Appeals For The Eighth Circuit - A humble appeal from the decision (Case No. 4:11-cv-931-CAS) in Eastern District of Missouri

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U.S. Court of Appeals For The Eighth Circuit



David G. Jeep,          Plaintiff/Petitioner,
            vs.
President Barack Hussein Obama, et al,
Defendants/Respondents

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Appeal # ___11-2425_  _______

Case No   4:11-cv-00931-CAS  _




A humble appeal from the decision (Case No. 4:11-cv-931-CAS) in Eastern District of Missouri


Revised and Extended Wednesday, July 06, 2011

1.      First I take humble exception to the NOT random selection of Charles A. Shaw to this case in U.S. Court Eastern District of Missouri.
2.      Immunity is “before out of Court”[1] an “unlawful Conspiracy”[2] “extrajudicial”[3] self-serving ministerial rule, at the highest levels of the United States of America’s Executive (prosecutorial) and Justice (judicial) Departments, to deprive We the People the protection of the constitutionally secured Due Process of Law.  Immunity “before out of Court,” [4] as handed out in the American Justice System like Halloween candy,[5] in purpose and in effect unlawfully covers-up “false and malicious Persecutions, out of Court, to such whom he/she knowes will be Indictors, to find any guilty,”[6] denies due Process of Law and, again, most importantly “before out of Court.” [7]
3.      As regards “absolute immunity” I humbly cite the Constitution for the United States of America Article. VI. Second paragraph – “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.”  There is NO IMMUNITY from the Supreme Law of the Land, especially as noted “Judges in every State shall be bound thereby.”  I mean “give(n) a person of ordinary intelligence fair notice” (United States v. Batchelder, 442 U. S. 114, 123 (1979),[8] SYKES v. UNITED STATES Cite as: 564 U. S. ____ (2011) 7, SCALIA, J., dissenting) there is no immunity from the Constitution, the Supreme Law of the Land. 
4.      As regards Kahn v. Kahn (21 F.3d 859) and Fed. R. Civ. P. 12(h)(3), I humbly assert that Kahn v. Kahn and Fed. R. Civ. P. 12(h)(3) in the Jane Crow[9] era are part of an “unlawful Conspiracy”[10] “extrajudicial”[11] self-serving ministerial rule at the highest ministerial levels of the United States of America’s Government, “before out of Court”[12] to deprive men the protection of the 14th Amendment.  That is to say deny Equal Protection of the Law and Due Process of Law in both State and Federal Court.
5.      At both my original trials[13] my attorney and myself made repeated PRE-trial, AT-trial and POST-TRIAL objections and motions to make the violations of my Constitutional rights unavoidable TRIPPING HAZARDS for anyone of “ordinary intelligence.”  There was nothing short of setting off fireworks INDOORS that we could have done to emphasize the deprivation of my “rights, privileges, or immunities secured by the Constitution and laws of the United States of America”[14] anymore clear.  And in the nearly 8 years since (2003) I have been as vocally as possible restating the criminal denial of rights in on going appeals, actions, complaints and correspondence.  The defendant’s actions can thus be considered manifest, willful, corrupt and malicious.
6.      ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud by any standard of Justice in a government of free and equal persons on THIS PLANET!!!!! 
7.      ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging unavoidable human fallibility, is repugnant to a government of the people, by the people and for the people on THIS PLANET!!!!!
8.      The dissent in Bradley v. Fisher, 80 U. S. 357 (1871) did not think opposing absolute immunity was frivolous, MR. JUSTICE DAVIS, with whom concurred Mr. Justice CLIFFORD, dissenting “But I dissent from the rule laid down by the majority of the Court that a judge is exempt from liability in a case like the present, where it is alleged not only that his proceeding was in excess of jurisdiction,[15] but that he acted maliciously and corruptly. If he did so, he is, in my opinion, subject to suit the same as a private person would be under like circumstances.”  I may sound a little overly sensitive, I think the Judges in Camden County and the Judges in St. Louis County were all corruptly and maliciously out to get me.  None of them had any clear and credible probable cause and or proof that would standup to exculpable information.  I was clearly deprived the “fair notice” of “probable cause” not to mention my “fair notice” 14th amendment right to Due Process of law given “a person of ordinary intelligence.”[16] 
9.      MR. JUSTICE DOUGLAS, dissenting Pierson v. Ray, 386 U. S. 558 (1967) did not think opposing immunity was frivolous, “I do not think that all judges, under all circumstances, no matter how outrageous their conduct, are immune from suit under 17 Stat. 13, 42 U.S.C. § 1983. The Court's ruling is not justified by the admitted need for a vigorous and independent judiciary, is not commanded by the common law doctrine of judicial immunity, and does not follow inexorably from our prior decisions.” 
10. In Imbler v. Pachtman, 424 U.S. 409 (1976) while the decision was unanimous as regards Mr. Pachtman; MR. JUSTICE WHITE, with whom MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL join, concurring in the judgment stated, they did not think “that absolute immunity for prosecutors extends to suits based on claims of unconstitutional suppression of evidence.”  The Judges, the Prosecutors, the Police and the original petitioner all suppressed evidence in my issues.  I quote from Page 424 U. S. 432 “I concur in the judgment of the Court and in much of its reasoning... I write, however, because I believe that the Court's opinion may be read as extending to a prosecutor an immunity broader than that to which he was entitled at common law; broader than is necessary to decide this case; and broader than is necessary to protect the judicial process. Most seriously, I disagree with any implication that absolute immunity for prosecutors extends to suits based on claims of unconstitutional suppression of evidence, because I believe such a rule would threaten to injure the judicial process and to interfere with Congress' purpose in enacting 42 U.S.C. § 1983, without any support in statutory language or history.”
11. In Stump v. Sparkman, 435 U. S. 365 (1978) Justices STEWART, J., MARSHALL and POWELL, JJ. did not think opposing absolute immunity was frivolous, “But the scope of judicial immunity is limited to liability for "judicial acts," and I think that what Judge Stump did on July 9, 1971, was beyond the pale of anything that could sensibly be called a judicial act.”  I feel that Judge Goeke’s and Commissioner Jones fraud upon the court in ordering and hearing a case lacking probable cause for the order, on its face, steps outside the acts "normally performed by a judge" (435 U. S. 365)
12. Justice Thurgood Marshall dissenting in Briscoe v. LaHue, 460 U.S. 362 (1983) did not think the idea of Judges being liable for their actions was frivolous.  He went beyond the issue briefed in the petition, witness immunity, and declared that he thought all common law IMMUNITY had been overridden by § 1 of the 1871 Civil Rights Act[17]: “To assume that Congress, which had enacted a criminal sanction directed against state judicial officials, intended sub silentio to exempt those same officials from the civil counterpart approaches the incredible.  Sheriffs and marshals, while performing a quintessentially judicial function such as serving process, were clearly liable under the 1866 Act, notwithstanding President Johnson's objections. Because, (Page 460 U. S. 363) as Representative Shellabarger stated, § 1 of the 1871 Act provided a civil remedy "in identically the same case" or "on the same state of facts" as § 2 of the 1866 Act, it obviously overrode whatever immunity may have existed at common law for these participants in the judicial process in 1871.” (emphasis added, internal footnotes not included)
13. And our current Supreme Court Justice Antonin Scalia appears to agree in his recent VEHEMENT dissent as to the vagueness in SYKES v. UNITED STATES ““give a person of ordinary(sp) intelligence fair notice” of its reach” (Cite as: 564 U. S. ____ (2011) 7, SCALIA, J., dissenting).  There is nothing vague about the constitution as the Supreme Law of the Land, the First Amendment’s lawfully un-abridge-able right to a redress of grievances or the statutory law, Title Criminal 18, U.S.C, § 241 & 242 and Title Civil 42 U.S.C. § 1983 & 1985.  As I assert as part of my pleading this is also a PRIVATE PROSECUTION of “penal statutes,” Title Criminal 18, U.S.C, § 241 & 242, because the criminal conspiracy at work in the State Government and Federal Government will not prosecute the law in We the People’s defense.  The Constitution, penal and civil statutory law, Title Criminal 18, U.S.C, § 241 & 242 and Title Civil 42 U.S.C. § 1983 & 1985, gives “a person of ordinary intelligence fair notice” that their rights are secured by criminal and civil liability for their deprivation.  The concept of “fair notice” swings both ways, yes the statute needs to be clear and understandable to be Constitutionally enforceable, but where the Constitution “and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made[18]” are clear they LIMIT the government’s intrusion i.e. the 4th Amendments requirement for “probable cause” and the 5th and 14th Amendment’s guarantee of “Due Process of Law.”  The Constitution, Probable cause and Due Process are NOT ambiguous text, to be explained by sophistry into any meaning which may subserve personal malice.[19] 
14. Because I humbly know you are considering this as an “extrajudicial”[20] “unlawful Conspiracy”[21] “before out of Court”[22] issue I enclose a copy of the original handwritten evidence of the most egregious violation of my Constitutional rights as an unavoidable TRIPPING HAZARD for anyone of “ordinary intelligence.”  This petition, that became the FRAUDULENT ex-parte order of protection, took my SON, my home… everything.  This petition is at the center of all my issues and adds all the veracity I need.  There is no credible PROBABLE CAUSE for the charge listed thus no 4th Amendment protection.  After repeated requests I was never provided the amended pleadings[23] nor was I ever allowed to be heard on them, it was a denial of the 5th and 14th Amendment Due Process of Law also.  In the Jane Crow[24] era a man’s life can be destroyed and discarded without the fundamental Constitutional and internationally[25] asserted inalienable civil right to Due Process of Law, as if a man’s life was frivolous as compared to a woman’s. 



15. What it all comes down to is giving “a person of ordinary intelligence fair notice.”[26]  Absolute immunity is repugnant to the Rule of law by definition.  The Rule of Law, the Constitution of the United States of America as written, adopted and supported as the Supreme Law of the Land does not afford ANYONE immunity.
16. I am indigent.  I am self-represented, pro se.  I spent all the retirement I had on attorneys.  I DO NOT even have postage to mail this petition.  I have holes in the seat of my pants, holes in the soles of my shoes and nothing to eat and nowhere to live.  I am forced to seek out homeless shelters and clothing give-aways for the necessities of life.  Do I have to light myself on fire in the street to get the rights granted by my creator to all men, like the Tunisia suicide protester Mohammed Bouazizi? 
I declare under penalty of perjury that the foregoing is true and correct.
Signed this Friday, June 24, 2011
Signature of Plaintiff(s)


Revised and Extended Wednesday, July 06, 2011

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

E-Mail Dave@DGJeep.com (preferred)
(314) 514-5228
2011 06-23-11 8th Circuit Court of Appeals 11-2425 REV 99RX.doc


[1] Lord Coke Floyd and Barker (1607) Third logical argument end of the paragraph “but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy.” (emphasis and underlining added)
[5] 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), Stump v. Sparkman, 435 U. S. 365 (1978) (Judge criminally ordered forced non-consensual uninformed sterilization of a healthy, mind and body, minor child) and Briscoe v. LaHue, 460 U.S. 325 (1983) (POLICE and ALLEGED victims i.e., immunity from perjury) “absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”
[8] United States v. Batchelder, 442 U. S. 123 “It is a fundamental tenet of due process that "[n]o one may be required at peril of life, liberty or property to speculate as to the meaning of penal statutes." Lanzetta v. New Jersey, 306 U. S. 451, 306 U. S. 453  (1939). A criminal statute is therefore invalid if it "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden." United States v. Harriss, 347 U. S. 612, 347 U. S. 617  (1954).
[9]The "Jane Crow" Era, the courts preference for mother’s/a woman’s rights over a father’s/man’s rights in Domestic Relation Law
The "Jane Crow" Era, “It doesn't take a cynic to point out that when a woman is getting a divorce, what she may truly fear is not violence, but losing the house or kids. Under an exparte order of protection, if she's willing to fib to the judge and say she is "in fear" of her children's father, she will get custody and money and probably the house.”
A fait accompli, "A man against whom a frivolous exparte order of protection has been brought starts to lose any power in his divorce proceeding. They do start decompensating, and they do start to have emotional issues, and they do start developing post-traumatic stress disorders. They keep replaying in their minds the tape of what happened to them in court. It starts this whole vicious downward cycle. They've been embarrassed and shamed in front of their family and friends, unjustly, and they totally lose any sense of self-control and self-respect. They may indeed become verbally abusive. It's difficult for the court to see where that person was prior to the restraining order."  “The Booming Domestic Violence Industry” - Massachusetts News, 08/02/99, By John Maguire, Hitting below the belt Monday, 10/25/99 12:00 ET, By Cathy Young, Salon - Divorced men claim discrimination by state courts, 09/07/99, By Erica Noonan, Associated Press, Dads to Sue for Discrimination, 08/24/99, By Amy Sinatra, ABCNEWS.com, The Federal Scheme to Destroy Father-Child Relationships, by Jake Morphonios, 02/13/08
[10] Lord Coke Floyd and Barker (1607) Third logical argument end of the paragraph “but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy.” (emphasis and underlining added)
[13] 03FC-10670M ( Divorce 03FC-12243) and CR203-1336M
[15] With the flagrant disregard for credible probable cause none of the Judicial Officers in the action had Jurisdiction. 
[16] United States v. Batchelder, 442 U. S. 123 “fair notice” swings both ways, e.g. The statute against murder may clearly define murder, but that does not mean that you can use it outside its “fair notice” scope and charge a man for murder for a traffic violation.  You can not ask a man to defend himself against an ex-parte order of protection for a petitioner where the only probable cause is an unrelated, hearsay account of a traffic violation’s court proceeding from a month prior and 150 miles away where the said petitioning individual by her account was not even actually present.
[18] “The Treaty “The International Covenant on Civil and Political Rights” is presented for both its binding force as "Supreme Law of the Land", and also for its persuasive force in reason, to help understand the nature of our own Petition Clause, that it is a law of reason freely chosen by our founders: If we now choose it freely as a basis for the organization of free nations, why should we presume that it was less compelling when our Founding Fathers brought the Thirteen Colonies together under one Constitution?” 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM
[19] The Letters of Thomas Jefferson: 1743-1826, To John Tyler Monticello, May 26, 1810 – PARAPHRASED FROM - “We have long enough 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.”
[23] I quote Family Commissioner Jones from the trial transcript: "The Court finds--First of all, the Court amends the pleadings to conform with the evidence adduced.  The Court does find the allegations of the amended petition to be true."  Despite two post trial motions I was never given a set of those findings/amended pleadings.  07-2614
[24] The "Jane Crow" Era, the courts preference for mother’s/a woman’s rights over a father’s/man’s rights in Domestic Relation Law
[25] “The International Covenant on Civil and Political Rights”
[26] United States v. Batchelder, 442 U. S. 123 “fair notice” swings both ways, e.g. The statute against murder may clearly define murder, but that does not mean that you can use it outside its “fair notice” scope and charge a man for murder for a traffic violation.    You can not ask a man to defend himself against an ex-parte order of protection for a petitioner where the only probable cause is an unrelated, hearsay account of a traffic violation ‘s court proceeding from a month prior and 150 miles away where the said petitioning individual by her account was not even actually present.


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Eighth Circuit Court of Appeals Clerk's Office
111 South 10th Street, Room 24.329
St. Louis, MO 63102-1125

Re:      11-2425 David Jeep vs. Barack Obama; Jeep, David (4:11-cv-0931-CAS)

Dear People,
Please except both my Motion to file an In Forma Pauperis Appeal and the revised and extended notice of appeal both dated Wednesday, July 06, 2011.
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

enclosure
a.       “Motion to file an In Forma Pauperis Appeal 11-2425” dated Wednesday, July 06, 2011
b.       U.S. Court of Appeals For The Eighth Circuit “A humble appeal from the decision (Case No. 4:11-cv-931-CAS) in Eastern District of Missouri, Revised and Extended Wednesday, July 06, 2011”

cc:       My Blog - Wednesday, July 06, 2011