Friday, July 9, 2010

To Kill a Mocking Bird, The Denial of Due Process - Jul 9, 2010

To Kill a Mocking Bird, The Denial of Due Process
Jul 9, 2010
To Kill a Mocking Bird,
The Denial of Due Process
Revised Tuesday January 5, 2019 and Friday, March 04, 2011, Originally Posted Fri, July 9, 2010 10:33:12 AM

Jane Crow and Jim Crow are both based on the conviction/lynching by infamous accusation without access to 5th and 14th Amendment’s due process - Justice with the equal protection of Due Process of Law. 

The 50th anniversary of the publication of Harper Lee’s, “To Kill a Mockingbird” was Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?

Would there have been or is there today a crime in the corrupt and malicious arrest, prosecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?

Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?

WRONG!!!

The arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been a CRIMINALdenial of Due Process of Law[1], not that anyone would be prosecuted either then or now. Our Public Minister’s, the Supreme Court, the Justice Department, and the Executive Department have awarded themselves “absolute immunity.”

Admittedly racism has become untenable in today’s America. But racism is only one of the symptoms of the malice, the corruption and the incompetence that would have convicted the fictional character Tom Robinson. Atticus issues a challenge of a sort to Scout, his daughter, and Jem, his son. I quote:

I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus

Do we have the courage to take on the malice, corruption and incompetence that still infect our Justice system today?

The Sheriff, The Prosecutor, The Judge, The Executive Department, and The Justice Department all know better, I paraphrase slightly but I quote:

They are "representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.

It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledgeare apt to carry much weight against the accused when they should properly carry none"[2](bolding and underlining added for clarity).

The fictional character Tom Robinson was denied fair Due Process of Law[3]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.

None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police’s, the prosecutors’ and especially the Judges’ impunity.

The Police don’t have to investigate the crimes they arrest people for. The Police don’t even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[4] to convict their innocent victims. They have immunity.

The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[5] that might prove the innocence of their victims. They have immunity.

You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of “Due Process” of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[6] and he or she is absolutely immune. The 4th Amendment’s protection “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is unenforceable and completely at any Judges’ discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[7].

The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.

So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it:

This immunity applies even when the judge is accused of acting maliciously and corruptly” (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).

and

In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.” (non-italic and parenthetical text added for clarity) (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219) (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395)

Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?

WRONG!!!

The police, the prosecutors, the judges and the entire Executive and Justice Departments of the United States of America’s JOB is not to intimidate nor threaten, nor instill fear. Their job is Justice!!! It is best expressed best by the protection of IV Amendment:

The right of the people to be secure in their persons, houses, papers, and effects… shall not be violated.”

It is the job of the Justice and Executive Departments to see that neither those acting under color of law or those acting outside the law violate this security.

Constitutionally “We the People” have RIGHTS!!! Ninety-five percent (95%) of the people[8] have done nothing wrong and NEVER will. We need to base our Government policies on the Majority, not the MINORITY!

“Mockingbirds don’t do one thing but make music for us to enjoy . . . but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.” ~Harper Lee, To Kill a Mockingbird

Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.

We HAVE RIGHTS in this country!!!!!!!!!!!! We the People surrender NOTHING. "We the People of the United States, in Order to form a more perfect Union, establish Justice… and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America[9] " The establishment of Justice under the Constitution and Laws of “We the People” is the responsibility of our employees, the police, the prosecutors, the Judges and our President.[10] We need to hold them liable per the 1stAmendment “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[11]of grievances.[12]

“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,” THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.

Not currently in America, the land of the free and the home of the brave, we have NO freedom; we have NO courage. But yet, I am an idiot, I still have the audacity of HOPE.

"All the parties" who participate in the unjust conviction of a Negro would be liable, including "the grand jury, the petit jury, the judge, and the officer of the law" who executes the judgment. Cong.Globe, 39th Cong., 1st Sess., at 598 (1866) Sen. Davis of Kentucky in opposition to Section 2 of the 1866 Civil Rights Act Now codified as Title Criminal 18, U.S.C, § 241 & 242

David G. Jeep

cc: President Barack Hussein Obama

Justice Sonia Sotomayor

Eric H. Holder Jr., Attorney General of the United States

Solicitor General of the United State s

e-mailed to a select group of favorites

file (Revised Friday, March 04, 2011, Originally Posted Fri, July 9, 2010 10:33:12 AM)

On a separate note, I would contend that we do not have any individual rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"" for the deprivation of rights; but that is another story.

DGJeep"The Earth and everything that's in it" (http://dgjeep.blogspot.com/)



----- Forwarded Message ----
From: David G. Jeep
To: Barack Obama ; Barack Obama ; Claire Mccaskill ; David Plouffe ; "David Jeep Dave@dgjeep" ; Eric H. Holder Jr. ; Joe Biden ; Joe Biden ; Kit Bond ; Office of the Solicitor General ; President Barack Hussein Obama ; Raymond M. Meyer ; "Robert O'Connor" ; 48 Hours< 48hours@cbsnews.com>; Alan Dershowitz ; Amnesty International USA Midwest Office ; Amnesty International USA ; Anthony D. Romero ACLU ; Ari B. Bloomekatz ; Bill McClellan ; Bob Woodward ; Camilla Cavendish ; Caroline Fredrickson ACLU ; Carolyn Tuft ; CBS Evening News ; Chicago Tribune ; Chris Fusco ; CHRISTINE CHRISTINE BYERS ; Christopher Beam ; Daniel Politi Politi ; David Savage ; David G. Jeep ; Editor TomPaine.com ; editor@californiachronicle.com; Eidtor American Chronical ; Federal City ; FeedBack Human Rights First ; Genral Manager ; Irene Haskins ; J Mannies ; James Janega ; Jason Rosenbaum ; Jeff Coen ; Jeremy Kohler ; Joe Mahr ; John Kass ; KansasCityStar ; KMOV-TV ; "Ktvinews@Foxtv. Com" ; Lake Sun Leader DAILY ; Laura Meckler ; Letters to the Editor The New York Times ; Letters to the Editor ; Letters to the Editor ; Los Angeles Times ; Mary DeLach-Leonard ; McClatchy Newspapers News TIP ; Mike Wallace< 60m@cbsnews.com>; Mike Christian at 314-280-5222 FBI Report ; MSNBC on the Internet ; My Turn Editor Newsweek ; News Tip BBC ; News Tip CNN ; News Tribune Jefferson City ; Newsweek ; "Patrick M. O'Connell" ; Peace Economy News ; Pete Bland ; PressRelease politico.com ; Robert Patrick ; Sky News ; Slate Magazine ; Southeast Missourian ; St. Louis Business Journal ; St. Louis Justice and Shares ; Staff Caught.net ; STEPHEN STEPHEN DEERE ; Steve Chapman ; Sunday Morning CBS ; Tami Abdollah ; The Editors ; The Joplin Globe Publishing Company ; TheSpringfieldNews-Leader
Sent: Fri, July 9, 2010 10:33:12 AM
Subject: To Kill a Mocking Bird,

Footnotes


[2] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)

[3] The Constitution for the United States of America, Amendment XIV No State shall make or enforce any law which shall… deprive any person of life, liberty, or property, without due process of law & Title 18 Crimes and Criminal Procedure § 241 Conspiracy against rights & 242 Deprivation of rights under color of law

[4] See Case 08-1823 Dismissed by the United States of America 8thCircuit Court of appeals

[5] See Case 08-1823 Dismissed by the United States of America 8thCircuit Court of appeals

[6] “Jim Crow” may be unfashionable, but “Jane Crow” discrimination, the preference for a woman’s maternal rights over a man’s paternal rights in Family Law reigns supreme. See also Writ of Certiorari 07-11115 to the Supreme Court

[7] See Cases 08-1823 and 07-2614 Dismissed by the United States of America8th Circuit Court of appeals

[8] Criminals amount to 5% of the population

[9] Preamble to the United States Constitution, Alexander Hamilton in Federalist Paper #84

[10] United States of America Constitution Article 2. § 3 “he shall take Care that the Laws be faithfully executed”

[11] ree-dres–noun 1.compensation or satisfaction for a wrong or injury.

[12] griev·ance (grē'vəns) –noun 1.The cause of hardship or harm.

To Kill a Mocking Bird,

The Denial of Due Process

Revised Thursday, February 16, 2012, Originally Posted Fri, July 9, 2010 10:33:12 AM

The 50th anniversary of the publication of Harper Lee's, "To Kill a Mockingbird" was Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?

Would there have been or is there today a crime in the corrupt and malicious arrest, persecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?

Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?

WRONG!!!

The arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been an unconstitutional and CRIMINAL denial of Due Process of Law[1], not that anyone would be prosecuted either then or now. Our Public Minister's,[2] the Supreme Court, the Justice Department, and the Executive Department have awarded themselves "absolute immunity."

Admittedly racism has become untenable in today's America. But racism is only one of the symptoms of the malice, the corruption and the incompetence[3] that would have convicted the fictional character Tom Robinson. Atticus issues a challenge of a sort to Scout, his daughter, and Jem, his son. I quote:

"I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do." ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus

Do we have the courage[4] to take on the malice, corruption and incompetence that still infect our Justice system today?

The Sheriff, The Prosecutor, The Judge, The Executive Department, and The Justice Department all know better, I paraphrase slightly but I quote:

They are "representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.

It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none"[5] (bolding and underlining added for clarity).

The fictional character Tom Robinson was denied fair Due Process of Law[6]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.

None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police's, the prosecutors' and especially the Judges' impunity.

The Police don't have to investigate the crimes they arrest people for. The Police don't even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[7] to convict their innocent victims. They have immunity.

The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[8] that might prove the innocence of their victims. They have immunity.

You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of "Due Process" of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[9] and he or she is absolutely immune. The 4th Amendment's protection:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

is unenforceable and completely at any Judges' discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[7][10].

The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.

So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it:

"This immunity applies even when the judge is accused of acting maliciously and corruptly" (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).

and

"In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime." (non-italic and parenthetical text added for clarity) (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219) (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395)

Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?

WRONG!!!

The police, the prosecutors, the judges and the entire Executive and Justice Departments of the United States of America's JOB is not to intimidate nor threaten, nor instill fear. Their job is Justice!!! It is best expressed best by the protection of 4TH Amendment:

"The right of the people to be secure in their persons, houses, papers, and effects… shall not be violated."

It is the job of the Justice and Executive Departments to see that neither those acting under color of law nor those acting outside the law violate this security.

Constitutionally "We the People" have RIGHTS!!! Ninety-five percent (95%) of the people[11] have done nothing wrong and NEVER will. We need to base our Government policies on the Majority, not the MINORITY!

"Mockingbirds don't do one thing but make music for us to enjoy . . . but sing their hearts out for us. That's why it's a sin to kill a mockingbird." ~Harper Lee, To Kill a Mockingbird

Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.

Justice is the indispensable FOUNDATION of LIBERTY

We HAVE RIGHTS in this country!!! "Here, in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations. "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."[12] The establishment of Justice under the Constitution and Laws of "We the People" is the responsibility of our employees, the police, the prosecutors, the Judges and our President[13]. We need to hold them liable per the 1st Amendment "Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[14] of grievances[15].

"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," THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.

Not currently in America, the land of the free and the home of the brave, we have NO freedom; we have NO courage. But yet, I am an idiot. I no longer have the audacity of hope, but I still have HOPE.

David G. Jeep

cc: President Barack Hussein Obama

Justice Sonia Sotomayor

Eric H. Holder Jr., Attorney General of the United States

Solicitor General of the United States

e-mailed to a select group of favorites

file Originally Posted Fri, July 9, 2010 10:33:12 AM

"All the parties" who participate in the unjust conviction of a Negro would be liable, including "the grand jury, the petit jury, the judge, and the officer of the law" who executes the judgment." Cong.Globe, 39th Cong., 1st Sess., at 598 (1866) Sen. Davis of Kentucky speaking to the scope and in opposition to Section 2 of the 1866 Civil Rights Act now codified into statute law as Title Criminal 18, U.S.C, § 241 & 242

DGJeep"The Earth and everything that's in it" (http://dgjeep.blogspot.com/)

From: David G. Jeep

To: Barack Obama ; Barack Obama ; Claire Mccaskill ; David Plouffe ; "David Jeep Dave@dgjeep" ; Eric H. Holder Jr. ; Joe Biden ; Joe Biden ; Kit Bond ; Office of the Solicitor General ; President Barack Hussein Obama ; Raymond M. Meyer ; "Robert O'Connor" ; 48 Hours <48hours@cbsnews.com>; Alan Dershowitz ; Amnesty International USA Midwest Office ; Amnesty International USA ; Anthony D. Romero ACLU ; Ari B. Bloomekatz ; Bill McClellan ; Bob Woodward ; Camilla Cavendish ; Caroline Fredrickson ACLU ; Carolyn Tuft ; CBS Evening News ; Chicago Tribune ; Chris Fusco ; CHRISTINE CHRISTINE BYERS ; Christopher Beam ; Daniel Politi Politi ; David Savage ; David G. Jeep ; Editor TomPaine.com ; editor@californiachronicle.com; Eidtor American Chronical ; Federal City ; FeedBack Human Rights First ; Genral Manager ; Irene Haskins ; J Mannies ; James Janega ; Jason Rosenbaum ; Jeff Coen ; Jeremy Kohler ; Joe Mahr ; John Kass ; KansasCityStar ; KMOV-TV ; "Ktvinews@Foxtv. Com" ; Lake Sun Leader DAILY ; Laura Meckler ; Letters to the Editor The New York Times ; Letters to the Editor ; Letters to the Editor ; Los Angeles Times ; Mary DeLach-Leonard ; McClatchy Newspapers News TIP ; Mike Wallace <60m@cbsnews.com>; Mike Christian at 314-280-5222 FBI Report ; MSNBC on the Internet ; My Turn Editor Newsweek ; News Tip BBC ; News Tip CNN ; News Tribune Jefferson City ; Newsweek ; "Patrick M. O'Connell" ; Peace Economy News ; Pete Bland ; PressRelease politico.com ; Robert Patrick ; Sky News ; Slate Magazine ; Southeast Missourian ; St. Louis Business Journal ; St. Louis Justice and Shares ; Staff Caught.net ; STEPHEN STEPHEN DEERE ; Steve Chapman ; Sunday Morning CBS ; Tami Abdollah ; The Editors ; The Joplin Globe Publishing Company ; TheSpringfieldNews-Leader

Sent: Fri, July 9, 2010 10:33:12 AM

Subject: To Kill a Mocking Bird,





[2] 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.

[3] Incompetence is the most insidious and it is covered up by the gratuitous grant of malice, corruption and dishonesty!!!!

[4] Edward R. Murrow said in regard to McCarthyism's fear mongering "We will not walk in fear, one of another. We will not be driven into an age of unreason if we dig deep into our history and remember we are not descended from fearful men."

[5] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)

[6] The Constitution for the United States of America, Amendment XIV No State shall make or enforce any law which shall… deprive any person of life, liberty, or property, without due process of law & Title 18 Crimes and Criminal Procedure § 241 Conspiracy against rights & 242 Deprivation of rights under color of law

[7] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[8] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[9] "Jim Crow" may be unfashionable, but "Jane Crow" discrimination, the preference for a woman's maternal rights over a man's paternal rights in Family Law reigns supreme. See also Writ of Certiorari 07-11115 to the Supreme Court

[10] See Cases 08-1823 and 07-2614 Dismissed by the United States of America 8th Circuit Court of appeals

[11] Criminals amount to 5% of the population

[12] Paraphrased from the Preamble to the United States Constitution by Alexander Hamilton in Federalist Paper #84

[13] United States of America Constitution Article 2. § 3 "he shall take Care that the Laws be faithfully executed"

[14]  or injury.ree-dres, –noun 1.compensation or satisfaction for a wrong

[15] griev·ance–noun 1.The cause of hardship or harm.

--

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


To Kill a Mocking Bird,

The Denial of

Due Process

Revised Friday, March 04, 2011, Originally Posted Fri, July 9, 2010 10:33:12 AM

The 50th anniversary of the publication of Harper Lee’s, “To Kill a Mockingbird” was Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?

Would there have been or is there today a crime in the corrupt and malicious arrest, prosecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?

Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?

WRONG!!!

The arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been a CRIMINAL denial of Due Process of Law[1], not that anyone would be prosecuted either then or now. Our Public Minister’s, the Supreme Court, the Justice Department, and the Executive Department have awarded themselves “absolute immunity.”

Admittedly racism has become untenable in today’s America. But racism is only one of the symptoms of the malice, the corruption and the incompetence that would have convicted the fictional character Tom Robinson. Atticus issues a challenge of a sort to Scout, his daughter, and Jem, his son. I quote:

I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus

Do we have the courage to take on the malice, corruption and incompetence that still infect our Justice system today?

The Sheriff, The Prosecutor, The Judge, The Executive Department, and The Justice Department all know better, I paraphrase slightly but I quote:

They are "representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.

It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none" [2] (bolding and underlining added for clarity).

The fictional character Tom Robinson was denied fair Due Process of Law[3]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.

None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police’s, the prosecutors’ and especially the Judges’ impunity.

The Police don’t have to investigate the crimes they arrest people for. The Police don’t even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[4] to convict their innocent victims. They have immunity.

The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[5] that might prove the innocence of their victims. They have immunity.

You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of “Due Process” of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[6] and he or she is absolutely immune. The 4th Amendment’s protection “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is unenforceable and completely at any Judges’ discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[7].

The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.

So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it:

This immunity applies even when the judge is accused of acting maliciously and corruptly” (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).

and

In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.” (non-italic and parenthetical text added for clarity) (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219) (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395)

Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?

WRONG!!!

The police, the prosecutors, the judges and the entire Executive and Justice Departments of the United States of America’s JOB is not to intimidate nor threaten, nor instill fear. Their job is Justice!!! It is best expressed best by the protection of IV Amendment:

The right of the people to be secure in their persons, houses, papers, and effects… shall not be violated.”

It is the job of the Justice and Executive Departments to see that neither those acting under color of law or those acting outside the law violate this security.

Constitutionally “We the People” have RIGHTS!!! Ninety-five percent (95%) of the people[8] have done nothing wrong and NEVER will. We need to base our Government policies on the Majority, not the MINORITY!

“Mockingbirds don’t do one thing but make music for us to enjoy . . . but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.” ~Harper Lee, To Kill a Mockingbird

Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.

We HAVE RIGHTS in this country!!!!!!!!!!!! We the People surrender NOTHING. "We the People of the United States, in Order to form a more perfect Union, establish Justice… and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.[9] " The establishment of Justice under the Constitution and Laws of “We the People” is the responsibility of our employees, the police, the prosecutors, the Judges and our President[10]. We need to hold them liable per the 1st Amendment “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[11] of grievances[12].

“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,” THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.

Not currently in America, the land of the free and the home of the brave, we have NO freedom; we have NO courage. But yet, I am an idiot, I still have the audacity of HOPE.

David G. Jeep

cc: President Barack Hussein Obama

Justice Sonia Sotomayor

Eric H. Holder Jr., Attorney General of the United States

Solicitor General of the United State s

e-mailed to a select group of favorites

file (Revised Friday, March 04, 2011, Originally Posted Fri, July 9, 2010 10:33:12 AM)

"All the parties" who participate in the unjust conviction of a Negro would be liable, including "the grand jury, the petit jury, the judge, and the officer of the law" who executes the judgment. Cong.Globe, 39th Cong., 1st Sess., at 598 (1866) Sen. Davis of Kentucky in opposition to Section 2 of the 1866 Civil Rights Act Now codified as Title Criminal 18, U.S.C, § 241 & 242

On a separate note, I would contend that we do not have any individual rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"" for the deprivation of rights; but that is another story.

DGJeep"The Earth and everything that's in it" (http://dgjeep.blogspot.com/)

----- Forwarded Message ----

From: David G. Jeep
To: Barack Obama ; Barack Obama ; Claire Mccaskill ; David Plouffe ; "David Jeep Dave@dgjeep" ; Eric H. Holder Jr. ; Joe Biden ; Joe Biden ; Kit Bond ; Office of the Solicitor General ; President Barack Hussein Obama ; Raymond M. Meyer ; "Robert O'Connor" ; 48 Hours <48hours@cbsnews.com>; Alan Dershowitz ; Amnesty International USA Midwest Office ; Amnesty International USA ; Anthony D. Romero ACLU ; Ari B. Bloomekatz ; Bill McClellan ; Bob Woodward ; Camilla Cavendish ; Caroline Fredrickson ACLU ; Carolyn Tuft ; CBS Evening News ; Chicago Tribune ; Chris Fusco ; CHRISTINE CHRISTINE BYERS ; Christopher Beam ; Daniel Politi Politi ; David Savage ; David G. Jeep ; Editor TomPaine.com ; editor@californiachronicle.com; Eidtor American Chronical ; Federal City ; FeedBack Human Rights First ; Genral Manager ; Irene Haskins ; J Mannies ; James Janega ; Jason Rosenbaum ; Jeff Coen ; Jeremy Kohler ; Joe Mahr ; John Kass ; KansasCityStar ; KMOV-TV ; "Ktvinews@Foxtv. Com" ; Lake Sun Leader DAILY ; Laura Meckler ; Letters to the Editor The New York Times ; Letters to the Editor ; Letters to the Editor ; Los Angeles Times ; Mary DeLach-Leonard ; McClatchy Newspapers News TIP ; Mike Wallace <60m@cbsnews.com>; Mike Christian at 314-280-5222 FBI Report ; MSNBC on the Internet ; My Turn Editor Newsweek ; News Tip BBC ; News Tip CNN ; News Tribune Jefferson City ; Newsweek ; "Patrick M. O'Connell" ; Peace Economy News ; Pete Bland ; PressRelease politico.com ; Robert Patrick ; Sky News ; Slate Magazine ; Southeast Missourian ; St. Louis Business Journal ; St. Louis Justice and Shares ; Staff Caught.net ; STEPHEN STEPHEN DEERE ; Steve Chapman ; Sunday Morning CBS ; Tami Abdollah ; The Editors ; The Joplin Globe Publishing Company ; TheSpringfieldNews-Leader
Sent: Fri, July 9, 2010 10:33:12 AM
Subject: To Kill a Mocking Bird,





[2] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)

[3] The Constitution for the United States of America, Amendment XIV No State shall make or enforce any law which shall… deprive any person of life, liberty, or property, without due process of law & Title 18 Crimes and Criminal Procedure § 241 Conspiracy against rights & 242 Deprivation of rights under color of law

[4] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[5] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[6]“Jim Crow” may be unfashionable, but “Jane Crow” discrimination, the preference for a woman’s maternal rights over a man’s paternal rights in Family Law reigns supreme. See also Writ of Certiorari 07-11115 to the Supreme Court

[7] See Cases 08-1823 and 07-2614 Dismissed by the United States of America 8th Circuit Court of appeals

[8] Criminals amount to 5% of the population

[9] Preamble to the United States Constitution, Alexander Hamilton in Federalist Paper #84

[10]United States of America Constitution Article 2. § 3“he shall take Care that the Laws be faithfully executed”

[11] re·dress ri-dres; v. ri-dres –noun 1.compensation or satisfaction for a wrong or injury. n. ree-dres,

[12] griev·ance (grē'vəns) –noun 1.The cause of hardship or harm.

To Kill a Mocking Bird,

The Denial of

Due Process

The 50th anniversary of the publication of Harper Lee’s, “To Kill a Mockingbird” is this Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?

Would there have been or is there today a crime in the corrupt and malicious arrest, prosecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?

Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?

WRONG, I disagree; the arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been a CRIMINAL denial of Due Process of Law[1], not that anyone would be prosecuted either then or now.

Admittedly racism has become untenable in today’s America. But racism is only one of the symptoms of the malice, the corruption and the incompetence that would have convicted the fictional character Tom Robinson. Atticus issues a challenge of a sort to Scout, his daughter, and Jem, his son. I quote:

I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus

Do we have the courage to take on the malice, corruption and incompetence that still infect our Justice system today?

The Sheriff, The Prosecutor, The Judge all know better, I paraphrase slightly but I quote:

They are “representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.

It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none.[2]

The fictional character Tom Robinson was denied fair Due Process of Law[3]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.

None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police’s, the prosecutors’ and especially the Judges’ impunity.

The Police don’t have to investigate the crimes they arrest people for. The Police don’t even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[4] to convict their innocent victims. They have immunity.

The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[5] that might prove the innocence of their victims. They have immunity.

You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of “Due Process” of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[6] and he or she is absolutely immune. The 4th Amendment’s protection “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is unenforceable and completely at any Judges’ discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[7].

The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.

So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it themselves,

This (absolute) immunity applies even when the judge is accused of acting maliciously and corruptly” (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).

and

In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.”


Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?

“Mockingbirds don’t do one thing but make music for us to enjoy . . . but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.” ~Harper Lee, To Kill a Mockingbird

I say NO!!!!!!!!!!!!

Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.

We HAVE RIGHTS in this country!!!!!!!!!!!! We the People surrender NOTHING. "We the People of the United States, in Order to form a more perfect Union, establish Justice… and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.[8]" The establishment of Justice under the Constitution and Laws of “We the People” is the responsibility of our employees, the police, the prosecutors, the Judges and our President[9]. We need to hold them liable per the 1st Amendment “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[10] of grievances[11].

“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,” THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.

Not currently in America, the land of the free and the home of the brave, we have NO freedom; we have NO courage. But yet, I am an idiot, I still have HOPE.

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.

Dave@DGJeep.com

David G. Jeep

cc: President Barack Hussein Obama

Justice Sonia Sotomayor

Eric H. Holder Jr., Attorney General of the United States

Solicitor General of the United State s

e-mailed to a select group of favorites

file





[2] Due Process of Law as described in Berger v. United States 295 U.S. 78 (1935)

[3] The Constitution for the United States of America, Amendment XIV No State shall make or enforce any law which shall… deprive any person of life, liberty, or property, without due process of law & Title 18 Crimes and Criminal Procedure § 241 Conspiracy against rights & 242 Deprivation of rights under color of law

[4] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[5] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[6] “Jim Crow” may be unfashionable, but “Jane Crow” discrimination, the preference for a woman’s maternal rights over a man’s paternal rights in Family Law reigns supreme. See also Writ of Certiorari 07-11115 to the Supreme Court

[7] See Case 08-1823 Dismissed by the United States of America 8th Circuit Court of appeals

[8] Preamble to the United States Constitution, Alexander Hamilton in Federalist Paper #84

[9] United States of America Constitution Article 2. § 3 “he shall take Care that the Laws be faithfully executed”

[10] n. ree-dres, ri-dres; v. ri-dres –noun re·dress

1. compensation or satisfaction for a wrong or injury.

[11] griev·ance (grē'vəns) –noun

1. The cause of hardship or harm.

----- Forwarded Message ----

From: David G. Jeep
To: Barack Obama ; Barack Obama ; Claire Mccaskill ; David Plouffe ; "David Jeep Dave@dgjeep" ; Eric H. Holder Jr. ; Joe Biden ; Joe Biden ; Kit Bond ; Office of the Solicitor General ; President Barack Hussein Obama ; Raymond M. Meyer ; "Robert O'Connor" ; 48 Hours <48hours@cbsnews.com>; Alan Dershowitz ; Amnesty International USA Midwest Office ; Amnesty International USA ; Anthony D. Romero ACLU ; Ari B. Bloomekatz ; Bill McClellan ; Bob Woodward ; Camilla Cavendish ; Caroline Fredrickson ACLU ; Carolyn Tuft ; CBS Evening News ; Chicago Tribune ; Chris Fusco ; CHRISTINE CHRISTINE BYERS ; Christopher Beam ; Daniel Politi Politi ; David Savage ; David G. Jeep ; Editor TomPaine.com ; editor@californiachronicle.com; Eidtor American Chronical ; Federal City ; FeedBack Human Rights First ; Genral Manager ; Irene Haskins ; J Mannies ; James Janega ; Jason Rosenbaum ; Jeff Coen ; Jeremy Kohler ; Joe Mahr ; John Kass ; KansasCityStar ; KMOV-TV ; "Ktvinews@Foxtv. Com" ; Lake Sun Leader DAILY ; Laura Meckler ; Letters to the Editor The New York Times ; Letters to the Editor ; Letters to the Editor ; Los Angeles Times ; Mary DeLach-Leonard ; McClatchy Newspapers News TIP ; Mike Wallace <60m@cbsnews.com>; Mike Christian at 314-280-5222 FBI Report ; MSNBC on the Internet ; My Turn Editor Newsweek ; News Tip BBC ; News Tip CNN ; News Tribune Jefferson City ; Newsweek ; "Patrick M. O'Connell" ; Peace Economy News ; Pete Bland ; PressRelease politico.com ; Robert Patrick ; Sky News ; Slate Magazine ; Southeast Missourian ; St. Louis Business Journal ; St. Louis Justice and Shares ; Staff Caught.net ; STEPHEN STEPHEN DEERE ; Steve Chapman ; Sunday Morning CBS ; Tami Abdollah ; The Editors ; The Joplin Globe Publishing Company ; TheSpringfieldNews-Leader
Sent: Fri, July 9, 2010 10:33:12 AM
Subject: To Kill a Mocking Bird,




Thanks in advance,
"We live in a Lawless Society...
Time is of the essence".
David G. Jeep
http://dgjeep.blogspot.com/
Dave@DGJeep.com
DGJeep@DGJeep.com


Tuesday, July 6, 2010

The Most Corrupt Organization in the World,


The Most Corrupt Organization in the World

The Most Corrupt Organization in the World is not some clandestine underworld organization.  The most corrupt organization in the world is supposed to be the beacon of justice for the United States of America if not the developed world.  The United States of America is the largest of the developed democratic countries in the world.  The United States of America dominates the world with our “dollar” and our “satellite TV.”  With that distinction comes responsibility.  The United States of America FAILS in its responsibilities to the rest of the world.  The United States of America is not the beacon of liberty, democracy and justice that its propaganda portrays it to be.  We do not have liberty, because there is no protection of the law for our rights.  We do not live in a democracy every legislative act has to move through the oligarchy of the Senate where 'secret holds' and the filibuster trump our Democracy.  We do not have access to Justice because our courts, by their own admission, are ruled by malicious, corrupt and incompetent tyrants with absolute sovereign impunity to rewrite the laws and protect their self-serving positions.
The Most Corrupt Organization in the World is the United States of America’s Justice department. 
Every organization of men is unavoidably corrupted by its imperfect humanity.  There are no perfect human beings on this planet.  Every organization is thus corrupted to some extent.  What makes the United States of America’s Judiciary the most corrupt is that it has institutionalized and empowered its corruption by establishing and enforcing absolute immunity for itself and trickle down immunity for others.  Absolute immunity proliferates reckless unaccountable impunity.  The victims of this malicious, corrupt and incompetent immunity have no remedy short of violence.  The Supreme Court has admitted as much themselves, “In such cases, there is no safety for the citizen except in the protection of the judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.” (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219)
I concur with Alexander Hamilton, the Federalist Paper #78, when he asserted “The complete independence of the courts of justice is peculiarly essential in a limited Constitution,” that is true.   The Judiciary needs to be independent of the TWO other branches of the Government.  But the Judicial Power, the Executive Power and the Legislative Power all need to be submissive to Constitution as the GOVERNING Rule of Law.  To understand fully how the founding fathers, Alexander Hamilton specifically saw the Judiciary it is important to again quote from the Federalist Paper #78:
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative (judicial or executive) act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
In the Federalist papers #78 Hamilton says “This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power.[1]”  The judiciary was designed as the weakest of the three departments of power, but that is not how it has evolved. 
The weakness of the Judiciary was evident in Worcester v. Georgia, 31 U.S. 6 Pet. 515 515 (1832).  In Worcester v. Georgia, 31 U.S. 6 Pet. 515 515 (1832) the United States Supreme Court held that Cherokee Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty.  But President Andrew Jackson said that "the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate."  Because of the resistance of the Presidency to enforce the Law as declared by the Supreme Court, it was ignored.  The Indian Removal Act of 1830 thus gave President Jackson the authority to negotiate removal treaties. 
The result was The Trail of Tears, the relocation and movement of Native Americans, including many members of the Cherokee, Creek, Seminole, and Choctaw nations among others in the United States, from their homelands to Indian Territory (present day Oklahoma) in the Western United States. The phrase originated from a description of the removal of the Choctaw Nation in 1831.  Many Native Americans suffered from exposure, disease, and starvation while en route to their destinations, and many died, including 4,000 of the 15,000 relocated Cherokee.
Imagine today if a President wanted to relocate, let’s say all the Muslims living on the east coast to federal lands in Oklahoma and did so by a tortuous trek across open country on foot with limited food supplies in all weather conditions.  It would be unthinkable.  But we have since evolved and are still I hope evolving. 
In the rough and tumble world of the Colonial era the Legislative Power to tax and the Executive Power of the Army were seen to be overwhelming.  But that is not the way it has evolved.  With time we established the 1878 Posse Comitatus Act that prohibits the use of the Army for domestic law enforcement thus the executive has no advantage on the Judiciary.  And the ability to Tax has no effect on the Judiciary’s  Compensation “which shall not be diminished during their Continuance in Office.[2]”  But the Judiciary has the power to declare any Act of the Legislature or Order of the President void under the Constitution. 
The Judiciary has now declared themselves above the law with absolute immunity.  The Judiciary usurped power outside the tenor of their commission with their assertion of absolute immunity e.g., “This immunity applies even when the judge is accused of acting maliciously and corruptly, and it “is not for the protection or benefit of a malicious or corrupt judge, but for the benefit of (the people being robbed and disenfranchised) the public, whose interest it is that the judges should be at liberty (to act without regard to the law or the rights of “We the People”) to exercise their functions with independence and without fear of consequences.” ((Scott v. Stansfield, L.R. 3 Ex. 220, 223 (1868), quoted in Bradley v. Fisher, supra, 80 U. S. 335, 80 U. S. 349, note, at 80 U. S. 350.), (Pierson v. Ray, 386 U.S. 547 (1967)) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).
Bradley v. Fisher authorized the Judiciary to repeal the writ of habeas corpus, the prohibition of ex post facto laws, and of TITLES OF NOBILITY with the establishment of the Judge Made Law of Absolute Judicial Immunity, I again quote “a judge of a criminal court, invested with general criminal jurisdiction over offenses committed within a certain district, should hold a particular act to be a public offense, which is not by the law made an offense[3], and proceed to the arrest and trial of a party charged with such act, or should sentence a party convicted to a greater punishment than that authorized by the law[4] upon its proper construction, no personal liability[5] to civil action for such acts would attach to the judge” Bradley v. Fisher, 80 U.S. 13 Wall. 335 335 (1871) Page 80 U. S. 352
Judges admit, with their hubris unrestrained, some of them are going to be “malicious or corrupt,” we have to endure them for the greater good.  The greater good is the denial of the Protection of the Laws, The Essence of Civil Liberty[6].  Judges, by their own self aggrandizing assertion, need to be able to act without regard to very laws “We the People” have established to limit their actions.  Judges assert they need to be able to act “with independence and without fear of consequences,” to be able to break the law, deny our RIGHTS at will and that “We the People” can or should do nothing to oppose them.  That is INSANITY!!!
The Rule of Law stands above the Judicial Power.  I quote from the Constitution for the United States of America Article III Section 2 “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties.”  To remove that limitation with absolute immunity and put the Judicial Power above the Rule of the Constitution is unconscionable.  To put anyone above the constitution is unconscionable.  Alexander Hamilton had it right in his assertion of the Rights of “We the People.”
In America as described by again by Alexander Hamilton in the Federalist Paper #84:
It has been several times truly remarked that bills of rights are, in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince… It is evident, therefore, that, according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants. Here, in strictness, (We) the people surrender nothing; and as they retain every thing they have no need of particular reservations. "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government.”
We the People surrender NOTHING!!!
The Most Corrupt Organization in the World is aided and abetted by one of its oversight authorities, the second most corrupt organization in the world, The United States Legislature.  We do not have a Democratic Legislature as we profess to the world and ourselves.  The United States Legislature is controlled by the United States Senate and the Senate hides its corruption behind its’ supposed purpose, a democratic institution.  The Senate as design and intended in the United States Constitution is supposed to be a representative democratic institution albeit without a true 1-to-1 representative proportionality.  But that is not how it has evolved.  The evolution of the legislature has been corrupted by an oligarchy’s ability to control the United States Senate with the oligarchy’s self-serving antiquated Senate rules that establish and maintain 'secret holds' and the filibuster.
The United States of America is supposed to be a constitutional government “of the people, by the people, for the people[7].“  As such we are a government based on the Rule of Law as established by “We the People” in our Constitution.  The Government of the United States should be a government of laws, and not of men.  “We the People” are governed by our Constitution that establishes the Rule of Law; we are not ruled by the will of a King or an oligarchy.  Any and all immunity from the Rule of Law is by definition antithetical to the Rule of Law.  Constitutional Government is based on the Rule of Law.  Immunity from the Rule of Law is contrary to the manifest tenor of a Constitution “of the people, by the people, for the people[8].“ 
“We the People” need to take back the United States Senate from the oligarchy of special interests and reign in the United States Supreme Court’s absolute sovereign impunity to once again make it a Government “of the people, by the people, for the people[9].“
If there is anything further I can do for you in this regard, please let me know.

Thank you in advance.


Dave@DGJeep.com


David G. Jeep

cc: President Barack Hussein Obama
      Justice Sonia Sotomayor
      e-mailed to a select group of favorites
      file


[1] 1. The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the judiciary is next to nothing." -- Spirit of Laws. Vol. I, page 186.
[2] United States Constitution Article III Section 1 Last Sentence.
[3] “The creation of crimes after the commission of the fact” A Judge made law the repeal of the Constitutional prohibition of ex post facto laws, US Constitution Section 9 - No Bill of Attainder or ex post facto Law shall be passed.
[4] “the practice of arbitrary imprisonments” A Judge made law the repeal of the Writ of Habeas Corpus, US Constitution Section 9 - The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
[5] “no personal liability” A Judge made law the repeal of the Constitutional prohibition for a Title of Nobility.  Immunity is in fact a Title of Nobility in the terminology of Colonial Times and the Constitution of the United States of America
[7] President Abraham Lincoln The Gettysburg Address, Gettysburg, Pennsylvania November 19, 1863
[8] President Abraham Lincoln The Gettysburg Address, Gettysburg, Pennsylvania November 19, 1863
[9] President Abraham Lincoln The Gettysburg Address, Gettysburg, Pennsylvania November 19, 1863