The REAL Problem, FRAUD in the "Legality of Drunken-Driving"
I sometimes feel like the waif in "The Emperor's New Cloths"
AM I THE ONLY ONE THAT CAN SEE IT??
"A country in which nobody is ever really responsible is
a country in which nobody is ever truly safe."
Thursday, January 10, 2013, 11:16:39 AM
The National Highway Traffic Safety Administration COOKs the Books on 60% of the Blood Alcohol Content statistics and has been doing it since 1986!!!!!!!!!!!!! Fraus omnia corrumpit "Fraud corrupts all."
I read an article today in the January 9, 2013, New York Times online, "Justices Look at Legality of Drunken-Driving Test" By Adam Liptak. It is assumed to be beyond doubt, based on our federal government's fraudulent Fatality Analysis Reporting System (FARS) that Drunken-Driving is an issue worthy of the abrogation of civil rights.
As an analogy it was once common knowledge that Black Men could not be trusted with civil rights around White Women." That fraudulent assumption gave us 250 years slavery and 100 years Jim Crow's Lynching. The underlying assumption based on self-serving common knowledge was a fraud. We the People's better nature eventually saw through this unmitigated self-serving FRAUD!!!! Europe never had the issue of fraudulently based race discrimination. England outlawed the slave trade in Europe. Europe right now does not have a problem with Drunken-Driving that America has. Europe does not cook their books with the fraudulent SELF-SERVING power-grabbing assumptions in the brazenly fraudulent Fatality Analysis Reporting System (FARS) by the Department of Transportation the new prohibition.
UNCOOKED you have a 505 times higher chance of dyeing (1/118 persons) from something OTHER than a COOKED drunk driver rate, if you do not drink (1/59,531). If you drink it is 250 times higher chance of dyeing (1/18,962 persons) from something OTHER than drunk driver, (http://www.cdc.gov/nchs/data/dvs/nvsr52_09p9.pdf)
UNCOOKED you have a 146 times higher chance of dyeing (1/407 persons) from heart disease than from a COOKED drunk driver rate, if you do not drink, if you do not drink (1/59,531).
EARLY EDITION 2009 Motor Vehicle Crash Data from FARS and GES
Page 7 (page 23 of 232 of the PDF online version)
"The reader may also notice that many tables have rows or footnotes for "unknowns" for FARS data, but not for GES data. The reason for this difference is that almost all the GES unknown data have been assigned values through complex statistical procedures. FARS unknown data, on the other hand, are not assigned values, with the exception of blood alcohol concentration (BAC) test results. When the alcohol test results are unknown, BAC values have been assigned to drivers and nonoccupants involved in fatal crashes, using a method of multiple imputation that was revised in 2001. More information on the new multiple imputation method, including detailed tabulations of alcohol involvement in various categories (age, sex, time of day, etc.), is available in NHTSA Technical Report DOT HS 809 403, Transitioning to Multiple Imputation: A New Method to Estimate Missing Blood Alcohol Concentration (BAC) Values in FARS."
The National Highway Traffic Safety Administration (NHTSA) has adopted a new method to estimate missing blood alcohol concentration (BAC) test result data. This new method, multiple imputation, will be used by NHTSA's National Center for Statistics and Analysis (NCSA) to improve the scope of alcohol involvement statistics generated by the Fatality Analysis Reporting System (FARS).
Frequently Asked Questions (FAQ)
1. What is the proportion of the cases in FARS that do not have a known BAC?
A. On an average, approximately 60 percent of the Blood Alcohol Concentration (BAC) values for Drivers, Pedestrians and Pedalcyclists are missing in FARS each year as a result of alcohol tests not being administered or test results not being reported.
Fraus omnia corrumpit "Fraud corrupts all." A principle according to which the discovery of fraud invalidates all aspects of a judicial decision. Fraud vitiates everything it touches. When fraud is involved in civil contract or in the establishment of a law, all such laws or contracts are unraveled, made into nothing at all. If fraud can be proven, such laws by their natures could not exist, for they were created under both a false pretense, as well as created with understanding and assent on false pretenses.
On a similarly corrupt note,
How can the malice, corruption, dishonesty and incompetence condoned and supported by Supreme Court precedent be constitutional in a SANE government of the people, by the people and for the people?
This is a massive malicious, corrupt, dishonest and incompetent self-serving conspiracy against rights!!!
Historically, the claim of precedent and / or consensus has been the first refuge of scoundrels; it is a way to avoid debate by claiming that the matter is already settled. Absolute Immunity even in the supreme Court has NEVER been established without, in most cases, multiple dissenting opinions.
To assume that the founding fathers, who had enacted the Constitution of the United States of America as the supreme Law of the Land, intended
sub silentio to exempt ANYONE, all evidence to the contrary, especially those tasked with judicial,
prosecutorial
and enforcement
power from its paramount binding authority is an incredible fantastic or delusional scenario.
"Facts do not cease to exist because they are ignored."
This embarrasses the future and the past
There are no royal absolutely immune ruling persons/class in this country i.e., no titles of nobility.
We the People incorporated ourselves, in 1788, into a government of the people, by the people and for the people to secure the Blessings of Liberty to ourselves and our Posterity with a lawfully un-abridge-able right of the people to justifiably petition the Government for a redress of grievances.
How can the Supreme Court,
a delegated authority, acting under a sworn to constitutional commission
award themselves and others "
absolute immunity" from said constitutional commission to "
do not only what their powers do not authorize, but what they forbid"
i.e.,
the "
deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America?"
by DENYING the constitutional assurance of governmental accountability with 1st and 7th Amendment Justice,
We the People have fallen under the
despotic spell of the concentrated power
in the Supreme Court that has created
ABSOLUTE POWER from
ABSOLUTE IMMUNITY for the "
malicious or corrupt" judges,
the "malicious or dishonest" prosecutor,
the "knowingly false testimony by police officers"
and "
all (malicious, corrupt, dishonest and
incompetent)
persons -- governmental or otherwise -- who were integral parts of the judicial process" acting
under color of law to wit,
ABSOLUTE CORRUPTION.
and
I sometimes feel like the waif in "The Emperor's New Cloths." AM I THE ONLY ONE THAT CAN SEE IT??
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!!!!!
ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by any standard of Justice, in a government of the people, by the people and for the people on THIS PLANET!!!!!
The ministerial grant of by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional an "unlawful Conspiracy" "before out of Court" to obfuscate "false and malicious Persecutions."
Impeach the current Black Robed Royalist Supreme Court FIVE
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice and
"fraud upon the court."
Before they have a chance to screw-up Healthcare for
100 years!!!!!!
Judicial modesty is one of the best possible qualifications for a Supreme Court Justice, a position that offers so much untrammeled power and brings so much temptation along with it.
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"
" for the "
deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America" e.g., "To Kill a Mocking Bird, The Denial of Due Process," "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 9 years. I have suffered through 411 days of illegal incarceration, 5 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 and 11-8211."
We hold a "4-Year-Old Can Be Sued." We can bail out the automakers to the tune of $75-$120+ billion. We can spend $1.3 trillions and rising on an attempt at nation building in Iraq and Afghanistan. We can make-work to stimulate the economy with $787 billion. We can bail out the Banks to the tune of $2.5 Trillion. But we cannot AFFORD to even consider the possibility of negligence, malice and corruption of "our chief justice (judges), our officials (prosecutors), or any of our servants (law enforcement)" and compensate the victims?
That is INSANITY!!!!!!!!!!!!!
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),
Mr. Smith (No. 10-8145),
Mr. al-Kidd (No. 10–98)
and myself (USCA8 No. 11-2425).
The fact that "
With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners"
PROVES "We the People" have NO ENFORCEABLE RIGHTS IN America today!!!!!!!!!!!!
Thursday, January 10, 2013, 11:16:39 AM, 2013 01-10-12 The REAL Problem, FRAUD in the "Legality of Drunken-Driving" REV 00.doc
"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 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, "The Prosecution of George W. Bush for Murder" by Famed prosecutor Vincent Bugliosi - Underlining and parenthetical text added for emphasis.
Incompetence is the most insidiuos and it is covered up by the gratuitous grants of dishoesty, malice andcorruption. As regards state Prosecutors, "States can discipline federal prosecutors, rarely do" 12/08/2010 USAToday by Brad Heath & Kevin McCoy ("Federal prosecutors series"). The "OPR is a black hole. Stuff goes in, nothing comes out," said Jim Lavine, the president of the National Association of Criminal Defense Lawyers. "The public, the defense attorneys and the judiciary have lost respect for the government's ability to police themselves."
Incompetence is the most insidiuos and it is covered up by the gratuitous grants of dishoesty, malice andcorruption. As regards state Prosecutors, "States can discipline federal prosecutors, rarely do" 12/08/2010 USAToday by Brad Heath & Kevin McCoy ("Federal prosecutors series"). The "OPR is a black hole. Stuff goes in, nothing comes out," said Jim Lavine, the president of the National Association of Criminal Defense Lawyers. "The public, the defense attorneys and the judiciary have lost respect for the government's ability to police themselves."
"To assume that Congress, which had enacted a criminal sanction directed against state judicial officials, [Footnote 2/26] intended sub silentio to exempt those same officials from the civil counterpart approaches the incredible. [Footnote 2/27]" Briscoe v. LaHue, 460 U.S. 363 (1983) I would assert it a fantastic or delusional scenario!!!!!
""It is a principle of our law that no action will lie against a judge of one of the superior courts for a judicial act, though it be alleged to have been done maliciously and corruptly; therefore the proposed allegation would not make the declaration good. The public are deeply interested in this rule, which indeed exists for their benefit (HOW does the potential denial of rights benefit We the People?) and was established in order to secure the independence (HOW do the judges justify the denial of the Supreme Law land there WERE TO BE BOND BY?) of the judges and prevent them being harassed by vexatious actions"
Supreme Court precedent empowers the "malicious or dishonest" prosecutor by saying, "To be sure, this immunity does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty." Imbler v. Pachtman, 424 U.S. 428 (1976)
Supreme Court precedent empowers the "knowingly false testimony by police officers" by saying, "There is, of course, the possibility that, despite the truthfinding safeguards of the judicial process, some defendants might indeed be unjustly convicted on the basis of knowingly false testimony by police officers." Briscoe v. LaHue, 460 U.S. 345 (1983)
There are TWO constitutional prohibitions for the grant of Nobility i.e., "Absolute Immunity," Article 1, Section 9, 7th paragraph "No Title of Nobility shall be granted by the United States" and Article 1, Section 10, 1st paragraph "No State shall… grant any Title of Nobility." Additionally I cite Alexander Hamilton, FEDERALIST No. 84, "Certain General and Miscellaneous Objections to the Constitution Considered and Answered" From McLEAN's Edition, New York. Wednesday, May 28, 1788 as further timely clarification of the supreme law of the land:
"Nothing need be said to illustrate the importance of the prohibition of titles of nobility(i.e., absolute immunity). This may truly be denominated the corner-stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people."
You some how want to argue that "the grant of Nobility" was about something other than the ROYAL Status of IMMUNITY. You want to argue that hereditary property rights were linked to a Colonial interpretation of Nobility? That would undermine Free-Enterprise.
Anyone that wants to assertion "the prohibition of titles of nobility' was meant to be anything more than a prohibition of theabsolute immunity of the nobility had been allowed, need only read the Petition of Right 1628 and note the consistent aversion to the asserted immunity of the nobility.
There is not now and there was not then any titular value other than Royal status as immunity - being above the law? Did NatKing Cole violate the constitution? No one is that petty. Nobility conferred ONE-THING of interest now and then, IMMUNITY from the RULE OF LAW!!!!!!!!!!!!!
Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Alexander Hamilton June of 1788 at the ratification of the Constitution for the United States of America, The Federalist Papers No. 78, "The Judiciary Department"
Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered. I have been forced into poverty, homelessness for FOUR YEARS! The 1st Amendment secures the constitutional right to a lawfully un-abridge-able justifiable 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 secures the right to settle all 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.
Montesquieu in his "De l'Espirit des Lois" (1748) (The Spirit of the Law) defines three main kinds of political systems: republican, monarchical, and despotic. Driving each classification of political system, according to Montesquieu, must be what he calls a "principle". This principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democratic republics (and to a somewhat lesser extent for aristocratic republics), this spring is the love of virtue -- the willingness to put the interests of the community ahead of private interests. For monarchies, the spring is the love of honor -- the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler. We the People have currently despotic system in that we have NO enforceable rights in America TODAY!!!!!!!!!!
"All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or certainty of corruption by full authority. There is no worse heresy than that the office sanctifies the holder of it." Lord Acton, John Emerich Edward (1949), Essays on Freedom and Power, Boston: Beacon Press, p. 364
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it." Lord Acton in a letter he wrote to scholar and ecclesiastic Mandell Creighton, dated April 1887.
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.
Incompetence is the most insidious and it is covered up by the gratuitous grant of malice, corruption and dishonesty!!!!
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it." Lord Acton in a letter he wrote to scholar and ecclesiastic Mandell Creighton, dated April 1887.
Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered. I have been forced into homelessness for FIVE 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.
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.
"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
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."
"And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments… upon the members of the judicial department. This is alone a complete security. There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations." Alexander Hamilton in FEDERALIST No. 81, "The Judiciary Continued, and the Distribution of the Judicial Authority" From McLEAN's Edition, New York. Wednesday, May 28, 1788 stated that impeachment was to be used as an integral check for "Judicial Authority"
The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
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
1st Amendment, "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."
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.
The Caging of America, Why do we lock up so many people? by Adam Gopnik, The New Yorker, January 30, 2012
"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
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.
9.12 years, 3,330 calendar days, 53,287 waking hours, 3,197,196 waking minutes, 191,831,788 waking waking seconds, as of Thursday June 28, 2012 10:54:41.35 AM
"4-Year-Old Can Be Sued, Judge Rules in Bike Case" "Citing cases dating back as far as 1928, a New York State Supreme Court Justice has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence." Justice Paul Wooten of the New York State Supreme Court in Manhattan, New York Times, New York edition, published: October 28, 2010, A version of this article appeared in print on October 29, 2010, on page A24 By Alan Feuer
Cost of War in Iraq $804,350,051,831, Cost of War in Afghanistan $537,364,138,152 Total Cost of Wars Since 2001$1,341,714,189,983
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Magna Carta in 1215 (§ 61)
See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari to the Supreme Court 07-11115&11-8211
"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
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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
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