Tuesday, September 7, 2010

The emancipated persons post civil war could not get access to the court system, much like I can not get access here.


Tuesday, September 07, 2010

Ms. Gail Johnson
c/o The Honorable William K. Suter, Clerk of the Court
Supreme Court of the United States
1 First St., NE
Washington, DC 20543-0001

Re: David G. Jeep v. United States of America, et al
       Response to letter dated August 25, 2010 received August 30, 2010
       A request for reconsideration of the bureaucratic, sophisticated clerical denial

Dear Ms. Johnson,
I am in receipt of your letter dated August 25, 2010.  You have as predicted, in my Petition for a Writ of Certiorari[1] dated Tuesday, August 10, 2010, denied me on questionable sophisticated grounds[2], not on the merits.  I assume per some by the book procedure you refuse to allow consideration based on the merits.  That is sophistry and a DENIAL of Justice for “We the People”.  Not to worry, we still have time[3] you gave me 60 days (Saturday, October 09, 2010) and I gave you until Thursday, November 4, 2010. 
In pursuit of Justice I appeal to a higher power?  The Supreme Court?  For reconsideration of your DENIAL based on sophisticated clerical grounds without consideration of the merits of the case.
As stated in the petition, I site Gideon v. Wainwright, 372 U.S. 335 (1963) as precedent for the lack of professionalism in the petition.  As Gideon successfully argued without constitutionally assured representation an innocent person can be denied his/her constitutional rights.  I argue that with absolute immunity for Judges and trickle down immunity for others an innocent person can be denied his/her constitutional rights, Due Process of Law, even with professional constitutional representation.  When immunity is invoked a person’s constitutional right to Due Process of Law is denied.  Professional representation in an appeal is prohibitively expense if not impossible given the intimidation from the judiciary on issues questioning their integrity and immunity. 
When there has been a denial of Due Process, that has been sanctioned under a grant of immunity in Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871), the appeal then becomes the FIRST initial prosecution of the law.  The victim of potentially irreparable criminal damage, malice and corruption at his/her own expense is forced to prosecute the crime, as an appeal over long odds for any vindication.  In that the appeal is then the case in chief, the FIRST trial on the issue, the same reasoning as was used in Gideon should apply to the grant of an attorney.  At the very minimum the grant of a concession to allow for a non-professional, non-perfected appeal / petition from a clerical standpoint seems only reasonable.
Additionally I would assert that we all need to start talking “American[4]” here so that prohibitive professional expenses can be avoided, and MORE importantly… If Every person can not understand and communicate the law then it fails in its purpose, NO person can reliably seek its protection nor avoid its wrath.
In most civilized countries absolutism[5] in government evolved slowly over time into a civilized democratic limit to governmental power.  America did not have that luxury; we do not have a civilized limit to governmental powers in the United States of America.  It is not so much the constitution at issue as the means and methods utilized by its constitutionally limited but in reality unlimited departmental authorities.  Our Judiciary refuses to enforce the limitations of the constitution on themselves, the executive and the oligarchy[6] in the legislature.
For example, our judiciary currently incarcerates five times[7] as many people in this country as any TRULY civilized country.  This is not because of our drug laws as most would have you believe, this is because of the corrupt and malicious enforcement of those drug laws by an unrestrained, uncontrolled, dictatorial rule of the absolutely immune judiciary.  Our openly admitted corrupt and malicious[8] Judiciary is unashamed, unrepentant and without compassion for their victims inviolable, inalienable rights.  We of course have NO REAL RIGHTS in this country.  We can NOT claim to be civilized, free or democratic.  We live under the despotic dictatorial rule of the absolutely immune, incompetent, corrupt and malicious Judiciary.  We are not civilized; we are subjugated.  I am not talking about nine judges isolated from the real world in an ivory tower on a hill.  I am talking about absolute immunity for anyone performing a judicial function, this in application is construed as “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia” performs or for whatever reason assumes he/she is performing a judicial function.  It is ABSOLUTE trickle down immunity.
Most civilized countries evolved over time from a dictatorial form of government to a limited democratic government.  They had time; they were not forced to create it on the spot.  Because of the at times tortuous slower evolution their form of governments are much more sensitive to the detrimental effects of absolutism.  They have been literally tortured first hand with the effects of absolutism, with the Crusades, the Inquisition, Stalin's Five Year Plan, the Cultural Revolution, the Holocaust, centuries of border disputes, numerous periodic Ethnic Cleansings from the earliest recorded history up to and until the 1990s in Bosnia and Herzegovina not to mention the petty despots operating as minor government officials with the sovereignty and immunity of the royal they supposedly represent. And let us not forget to mention the despotic sovereigns of the realm, Nero watching Rome burn.  As a result most civilized countries do not have the death penalty, they limit both their courts and their executive much more closely than we as Americans do.  And their legislature is much more responsive to the needs[9] of the people and less subjugated by an oligarchy’s minority bias. 
Our government was unfortunately first out of the box of modern attempts at limited democratic constitutional government; it was formed by necessity hastily.  And because of America being first, the proverbial “American Myth of Exceptionalism” has distorted our evolution[10].  We see ourselves as perfection incarnate “The City Upon a Hill”.  The Originalists[11] are the most prominent victims and proponents of the “American Myth of Exceptionalism.”  They believe that the past 234 years of American success as stare decisis empowers them as the current Justices of the Supreme Court of the United States of America to continue with absolute, immune, incompetent, corrupt and malicious Judicial Authority.  That is oh so WRONG!!!!!!!!!  The Originalists say for 234 years we have been succeeding, why change now?
The American success of the last 234 years is not the result of the American Myth of Exceptionalism… absolutism.  If anything the “American Myth of Exceptionalism” has been a hindrance to American advancement.  America’s success is not the result of “We the People, Judicial absolute immunity, the City, the Society, the Constitution or the government on the hill.  American success for the last 234 years is the DIRECT RESULT of the hill; it has nothing to do with absolutism of the “American Myth of Exceptionalism.”  Our current socio-economic power is the direct result of THE HILL, our continents untapped natural resources and our once insatiable hunger to plunder it.  This socio-economic success has given us the unwarranted feeling of invincibility, the sense of the “American Myth of Exceptionalism.”  But I assure you we are not invincible, our natural resources are running out, most notably OIL.  You need only look at how South Korean Automaker, Hyundai and Kia, have been able to take market share and displace if not eliminate General Motors, Chrysler and Ford in 10-20 years.  We no longer have the hunger, 234 years of success has made us complacent.  That is a basic, undeniable law of economics, success breeds complacency.  If that were not the true, the rich would be rich forever.  Change is good.  The young replace the old.  Omnia mutantur, nihil interit… everything changes, nothing perishes.
America’s success is definitely not the result of our perfection of self-governance or our Judiciary’s assertion of perfection.  Our Judges NEVER were entitled to the absolute, immune, incompetent, corrupt and malicious power of an assumed benevolent sovereign that they purport to have.  They are not now nor EVER were thought to be perfect, as the King is assumed to be in English Common Law.  One need only look at judicial history to see the flaws of Lochner[12], Plessy[13] and Mapp[14].  The errors we have had foisted upon us.  That is in essence why we disposed of the King, to dispose of the individual independent absolutism that a King demands.
Mistakes are going to happen, it is not past or present errors that I take exception to here; it is the assertion of unquestionable unqualified immunity as an absolutism.  The pervasive absolute immunity at virtually EVERY level in our government allows too much incompetence, malice and corruption and empowers too much unwarranted and irresistible authority. 
Our forefathers saw this coming, by their now little regarded reference in the First Amendment’s right to redress[15].  It is nearly axiomatic; in America today you have to be a little crazy to think you can sue the government.  Successful legal appeals in other civilized countries are not nearly as rare as in America.  Most civilized countries question any assertion of absolutism, because they have historically paid the price for absolutism. Where Americans do not have that historical memory, we see ourselves as immune from the evils of absolutism, we have the “American Myth of Exceptionalism.”
Judges in America never had the Authority/Power of a monarch.  A Judge’s authority in America, under the Constitution, flows from We the People by way of Due Process of Law.  We the People, with our Constitution, established Due Process of Law to support and defend our individual, inviolable, inalienable RIGHTS and limit our government.  If any person, authorized as a Judge or not, steps outside of Due Process of Law and asserts his/her will over another person it is a criminal act, a denial of rights[16].  For a Judge to do it is an egregious criminal act.  If a Judge, who’s primary job responsibility and reason for being is the enforcement and oversight of procedural and substantive Due Process,[17] steps outside of procedural and substantive Due Process[18] it is coram non judice,[19] illegal and unconstitutional Judicial Tyranny and Terrorism[20] without justification and A HIGH CRIME[21].
I site Plessy v. Ferguson, 163 U.S. 537 (1896) as an example of the pervasive judicial malice and corruption.  The problem with Plessy is not so much in the affirmation of the statute to “provide equal but separate accommodations[22],” Justice Harlan’s dissent aside.  The problem with Plessy was that the “equal” was NEVER enforced.  The absolutely immune[23] judiciary’s means and methods were malicious and corrupt.  The emancipated persons post civil war could not get access to the court system, much like I can not get access here.  They could not get the absolutely immune, malicious, and corrupt Judges to acknowledge the obvious fact that the “equal” statute assertion to “provide equal but separate accommodations[24]” was being IGNORED.  The “Originalists” with their assertion of the sophistry of the “American Myth of Exceptionalism” assert that the rights, privileges and immunities secured by the Constitution and laws of the United States of America are secondary to their assertion of absolutism, absolute power and immunity for themselves.  They are attempting to deny us our inalienable, inviolable, “God Given” Constitutional and CIVIL RIGHTS with sophistry; the absolutism of their purported need for absolute, immune, incompetent, corrupt and malicious enforcement of their will as a part of the “American Myth of Exceptionalism.”  This absolutism of immunity is in place of “We the People’s” intent to “establish Justice” with our constitution, statute law, and common law precedent.
I enclose copies of two items, the origins of the issues in 07-2614[25] and 08-1823[26]. At the judicial inception of these TWO issues, there was no corruption or malice, there was just incompetence.  As the issues progressed and the incompetence became undeniable malice and corruption took over and superseded the incompetence.  Now I realize this is TOTALLY outside the gobbledygook of anything you could even hope to comprehend as formal legal argument.  It is written in “American”.  I ask your indulgence.  Get a homeless person to read and explain it you.  
At the origin of the issue in 07-2614, everything I cared for was taken from me without Due Process of Law.  I was denied the constitutionally mandatory requirement for due process of law, probable cause.  See the attached copy of the hand written petition / application / ex-parte order of protection by the respondent / defendant, Sharon G. Jeep, dated November 03, 2003.  There is no probable cause listed as required by statutory law[27]and the Fourth Amendment[28].  There was no Due Process of Law.

NOTE: Judge Bennett in the court appearance in Camden County as described in the petition / application / ex-parte order of protection by the respondent / defendant Sharon G. Jeep recused himself for his bad act[29] in court on that DAY.  Not that it excuses anything; it goes to establishes Judge Bennett’s culpability and relieves the culpability from the accused / respondent / petitioner David G. Jeep.

There is nothing even admissible in “hear say.” Much less a “hear say” account of an alleged unrelated bad act as probable cause for abuse, where the Judge recused himself for the BAD ACT.  There is no logic.  It makes no sense.  It is a criminal, malicious, corrupt and self-serving charge by the respondent / defendant Sharon G. Jeep as ordered by the incompetent judicial officers Goeke and Jones.  Again note, for judge Bennett’s involvement in the unrelated bad act referred to by the “hear say” reference he recused[30] himself thus confirming the “hear say” was groundless. 
It is clear from the facts the respondent / defendant Sharon G. Jeep’s petition / application / ex-parte order of protection is a self-serving, malicious, corrupt, fraudulent and criminal charge after the fact.  “The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.[31]”  Judges, acting as tyrants, are terrorizing us.  We do not have the civilized protection of the law.  In a civilized country, persons have rights protected by enforceable law.  We have no rights in this country; we are subject to the tyrannical rule of the despotic Judiciary.
At the origin of the issue in 08-1823 my driving privileges were illegally taken by a self-confessed, on the witness stand under oath, incompetent, corrupt and malicious police officer[32].  An incompetent, corrupt and malicious state’s attorney then prosecuted me[33]. 
The cases were both (07-2614 & 08-1823) originally adjudicated by absolute, immune, incompetent, corrupt and malicious State Court Judges[34] who over timely motions and objections obstructed Justice.  The cases at the State Court Appeals were denied by absolutely immune, incompetent, corrupt and malicious State Appeals Court Judges’[35] arbitrary sophisticated clerical grounds to conceal the issue of judicial culpability.  The Federal Civil Rights cases as presented to the United States Federal Court Eastern (07-CV-01116-CEJ) and Western (07-CV-0506-W-SOW) Districts of Missouri were denied by absolutely immune, incompetent, corrupt and malicious Federal Court Judges[36].  The United States Eighth District Court of Appeals (07-2614 and 08-1823) denied the cases with absolute, immune, incompetent, corrupt and malicious Federal Appeals Court Judge’s[37] rulings.  The Cases were both brought to the attention of the Supreme Court of America as a Petition for the Writ of Certiorari 07-11115 and the absolute, immune, incompetent, corrupt and malicious Supreme Court Justices[38] denied 07-2614 originally and 08-1823 for a combined rehearing.
I then took it again to the Federal Bureau Investigation (F.B.I.).  The F.B.I., by their own professed assertion, are the lead agency for investigating violations of federal civil rights laws[39].  The F.B.I. denied me the protection of the law.  The F.B.I. were allowed to deny me the protection of the law because the trickle down absolute immunity asserted by the Judiciary.  The Attorney for the United States of America at the behest of the F.B.I. and the U.S.M.S. then arrested[40] me and held me without indictment for 208 days in violation of my civil rights.  I was examined by TWO sets of forensic psychologist, defense and prosecution/state, I was found to be competent.  I then wrote a letter entitled “We live in a Lawless Society.”  My attorney filed a motion[41] including the letter entitled “We live in a Lawless Society” and I was released after 411 days of illegal, absolute, immune, incompetent, corrupt and malicious incarceration.  This was all overseen and approved by an absolute, immune, incompetent, corrupt and malicious Federal Magistrate Judge[42].
Now this is all based on the criminal actions of my ex-spouse, to defraud me out of my paternal rights and joint marital property, the machismo of an incompetent rookie police officer, that by his own admission on the stand under oath stated he did not know the standard for making a competent arrest, and the Judges acting in a professional capacity, with measured intent and over many timely objections and motions in court and subsequently outside court and appeals with incompetent, malicious, corrupt and absolute immunity(?), let it happen.
What did I do wrong? 
I was driving down the road and a self professed incompetent rookie police officer wanted to make, what he thought to be a BIG arrest, I was unfortunately the closest victim; he knew he could get away with it because everybody does it.
I was sitting at home watching Monday Night Football my now ex-wife knowingly filed a bogus, legally deficient ex-parte order of protection ordered without legal or constitutional basis by a Judicial Terrorist; she knew she could get away with it because everybody does it.
The Judges do it all the time.  They had nothing to worry about.  They knew, they could get away with it.  They had ABSOLUTE immunity.
Check the evidence as enclosed it is undisputed.  The United States of America, the incompetent, corrupt, malicious and purported immune Justice Department has victimized me.  By my count there are 13 state court judges[43] directly, 8 federal judges, 9 Supreme Court Justices and numerous others with trickle down immunity that have now with continuing criminal[44] fore knowledge denied my inviolable, inalienable Constitutional Civil RIGHT to a Due Process of Law. 
What is Due Process of Law for if not to bring to light the incompetence, the malice and the corruption of criminal actors, under color of law?
I know you would prefer that I just fade away into the oblivion of a minor statistical issue.  I am a person!!!!  I will not and can not just fade away.  Agere sequitur esse.[45]  Further more I have RIGHTS and those inviolable, inalienable rights have been DENIED.  I ask the question as inferred from United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219 and Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395, what am I supposed to do?  “There is no safety for the citizen 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.”  I have endured 7 years of denial, 411 days of illegal incarceration, two psychological examinations, and three years of abject poverty, homelessness and life on the street, what am I supposed to do?  Do I again need to declare war?  Shoot myself in the head?  Recruit an army?  Light myself on fire like a Buddhist Monk?    Start shooting randomly?  Commit suicide by cop?  Symbolically starve myself to death?  Blow something up? 
When you live in America and the Justice Department has sanctioned incompetence, corruption and malice with absolute immunity and their vision of the absolutism, the “American Myth of Exceptionalism”, HOW DO YOU DEFEND YOUR RIGHTS??? 
Now you may think this is trivial of me.  I should just be a Man, take it on the chin and move on.  I can assure you it is NOT trivial.  They have TAKEN everything from me.  I live on the street.  This appeal, the irreparable injury of the crime and the prosecution of the crime, has taken EVERYTHING from me.  I will not just let it go and risk my son having to again deal with the same corruption in the future. 
Here and NOW I am forced to say, “Give me Liberty or give me Death!!!”  I refuse the offer of life without the guarantee of liberty and the protection of the laws required to sustain it, 7 years of denial, 411 days of illegal incarceration, two psychological examinations, and three years of abject poverty, homelessness and life on the street is too much to have endure.  I dare say, for me, this will all be over by November 4, 2010… one-way or another.
You say it will be over 60 days after first notification (Tuesday August 10, 2010) of the Petition for a Writ of Certiorari (Saturday, October 09, 2010).  Again, I know you would prefer that I just fade away into oblivion.  That ain’t gonna happen.  I am a person, Agere sequitur esse have RIGHTS and those inviolable, inalienable rights have been DENIED.  I give the United States of America until Thursday, November 4, 2010 to attempt to settle the issue.  I have endured 7 years of denial, 411 days of illegal incarceration, two psychological examinations, and three years of abject poverty, homelessness and life on the street.  I have invested everything.  I will not accept the incompetents, malice and corruption.  Do I again need to declare war?  Light myself on fire like a Buddhist Monk?  Start shooting?  Suicide by cop?  Symbolically starve myself to death?  Start blowing something up? 
I am at my wits end.
It is time to put an end to the absolutism of “American Myth of Exceptionalism.”  It is time to admit human fallibility and hold judges to a standard of professionalism just like any other person.  It is time to free the rest of the world from the hubris of the “American Myth of Exceptionalism” and let them evolve at their own pace without American military intervention.
These items were all provide in the appeal process but as an addendum to the above referenced request for reconsideration please again find:
1.      (1 copy) Handwritten application/petition/ex-parte order dated November 03, 2003
2.      (1 copy) excerpt from the trial transcript Appeal SD 26269 IN THE MISSOURI COURT OF APPEALS, SOUTHERN DISTRICT, STATE OF MISSOURI, Respondent, v. DAVID G. JEEP, Appellant. Cause No. CR203-1336M, IN THE CAMDEN COUNTY CIRCUIT COURT TWENTY-SIXTH JUDICIAL CIRCUIT, ASSOCIATE DIVISION The Honorable Bruce Colyer, Judge STATE OF MISSOURI, Plaintiff v.  DAVID G. JEEP, Defendant. TRANSCRIPT ON APPEAL - Page 84
3.      (1 copy) U.S. Department of Transportation DWI Detection and Standardized Field sobriety Testing Participant Manual 2002 Edition (NHSTA) Page VIII-11 - see Section 4. Test Conditions, Second Paragraph, last sentence
4.      (1 copy) Petition Writ of Certiorari with Certificate of Service to the Solicitor General, stamped received Clerk Supreme Court U.S. August 17, 2010


Again I ask that you consider my Writ of Certiorari as enclosed here on the merits as stated here any in prior communication to you.  If there is anything further I can do for you in this regard, please let me know.
“Time is of the essence”
Thank you in advance.





David G. Jeep

enclosure: as noted above

cc: President Barack Obama
      The Acting Solicitor General of the United States of America
      Adam Liptak, New York Times, Washington, D.C.
      The United Nations, Human Rights Commission
      Chinese Embassy in Washington DC




IN THE MISSOURI COURT OF APPEALS SOUTHERN DISTRICT
STATE OF MISSOURI,                                     )
                          Respondent,                           )
v.                                                                    )  S. D. No. 26269
DAVID G. JEEP,                                              )
                          Appellant.                               )
IN THE CAMDEN COUNTY CIRCUIT COURT
TWENTY-SIXTH JUDICIAL CIRCUIT, ASSOCIATE DIVISION
The Honorable Bruce Colyer, Judge
STATE OF MISSOURI,                                     )
              Plaintiff,                                  )
v.                                                                    )  Cause No. CR203-1336M
DAVID G. JEEP,                                              )
              Defendant.                              )
TRANSCRIPT ON APPEAL
A L E X         L I T T L E,    called as a witness in behalf of the STATE, being duly sworn, testified as follows:
CROSS-EXAMINATION BY MR. JEEP:  Excerpt starting page 84
Q.      The walk-and-turn and the balance test, the standards for applying that test, do they reference anything about footwear?
A.      Yes.  They say that if a person has on footwear that has like greater than four-inch heels, then you can allow them to take their footwear off, if they want to, to perform the test.
Q.      Is it a four-inch heel?
A.      Yes, sir.
Q.      Or a two-inch heel?
A.      It's a--If I'm not mistaken, it's a four-inch heel.
Q.      Do you have that in writing anywhere?
A.      Not on me now, no.
MR. JEEP:  Do you have that?  I asked for this earlier, Judge.  No one was able to present me with it or they told me to look for it, and I looked under the NHTSA, I called NHTSA, they wanted me to buy it from them--
THE COURT:  Whoa, whoa, whoa, whoa.  No.
MR. JEEP:  Excuse me.  They--The--
THE COURT:  You asked the question, he's answered it.
MR. JEEP:  Okay. 
BY MR. JEEP:
Q.      There's no place where this is standardized?  Do you have in your--in writing anyplace?
A.      I would assume I had it with the information that they gave me in the academy.
Q.      Okay.  And you think it's four-inch?
A.      Yes, sir.








[1] See enclosed copy David G. Jeep v. United States of America, et al, A Petition for a Writ of Certiorari Dated Tuesday, August 10, 2010, page one of nine, second paragraph.  (note: If you need more copies see my BLOG http://dgjeep.blogspot.com/ you can cut and paste it into an e-mail and make as many as you want without wasting any trees.)
[2] Issues of rule 14.1 (a, d, e, g & h)
[3] Additionally, I take acceptation to your expensive and inhibiting requirements for U.S. Postage, numerous HARD copies and bibliographies when electronic transmission is cheaper, more ecological and electronic text and Internet links are easier to use.
[4] Not legal jargon, Not the King’s English but a facsimile commonly accept and understood in America.
[5] Absolutism or The Age of Absolutism (c. 1610 – c.1789) is a historiographical term used to describe a form of monarchical power that is unrestrained by all other institutions, such as churches, legislatures, or social elites.
[6] Every legislative act has to move through the oligarchy of the Senate where 'secret holds' and the filibuster trump our Democracy
[7] The United States has by far the world's highest incarceration rate. With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners. We currently incarcerate 756 inmates per 100,000 residents, a rate nearly five times the average worldwide of 158 for every 100,000. Why We Must Fix Our Prisons By Senator Jim Webb Parade Magazine published: 03/29/2009
[8] “This (absolute impunity) immunity applies even when the judge is accused of acting maliciously and corruptly” (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554), as established in (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), and most recently re-affirmed in (Mireles v. Waco, 502 U.S. 9, 11-12 (1991))
[9] I would note Civil Rights Law n the 1950-60 and the Government regulated Health Care
[10] American exceptionalism is the worldview that the United States occupies a special niche among the nations of the world[1] in terms of its national credo, political and religious institutions, and its being built by immigrants. The roots of the position are not clear, although some attribute it to a passage of Alexis de Tocqueville,[2][3] who opined that the then-50-year-old United States held a special place among nations, because it was the first working representative democracy.
[11] Originalism - In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to find out the original meaning or intent and not impose new interpretations foreign to the original intention of the authors.
[12] Lochner v. New York, 198 U.S. 45 (1905) Absolutism of “Liberty of Contract,” was the sophistry used to deny the rights of workers and governments to organize. 
[13] Plessy v. Ferguson, 163 U.S. 537 (1896) “Separate but Equal” as we all know empowered and institutionalized the absolutism “Separate and UN-Equal”
[14] Mapp v. Ohio, 367 U.S. 643 (1961) “The Exclusionary Rule” by slight of hand allows TWO criminals the absolutism of trickle down immunity, the criminal accused of the crime and the criminal that illegally invaded the rights of the accused.
[15] Congress shall make no law… abridging… the right of the people… to petition the Government for a redress of grievances
[17] Amendment XIV US Constitution
[18] Amendment XIV US Constitution
[19] Coram non judice, Latin for "not in the presence of a judge," is a legal term typically used to indicate a legal proceeding without a judge, without jurisdiction.
[20] The Fourth Amendment provides that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . ."
[22] An act of the General Assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. Acts 1890, No. 111, p. 152.  The first section of the statute enacts "that all railway companies carrying passengers in their coaches in this State shall provide equal but separate accommodations for the white and colored races
[23] “This (absolute impunity) immunity applies even when the judge is accused of acting maliciously and corruptly” (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554), as established in (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), and most recently re-affirmed in (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).  The precedent establishing absolute immunity Bradley v. Fisher, 80 U.S. 13 Wall 335 (1871) was some 6 years after the end of the civil war (1865) and 15 years before Plessy (1896)
[24] An act of the General Assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. Acts 1890, No. 111, p. 152.  The first section of the statute enacts "that all railway companies carrying passengers in their coaches in this State shall provide equal but separate accommodations for the white and colored races
[25] State Court Case No.: 03FC-10670M, Missouri Court of Appeals eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 07- CV-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115  (http://dgjeep.blogspot.com/).
[26] State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07- CV-0506-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).
[27] Missouri Revised Statutes, Chapter 455, Abuse--Adults and Children--Shelters and Protective Orders section 455.035, August 28, 2009
[28] Amendment IV: “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…”
[29] It should be further noted that at the time 11/03/03, I was charged not convicted and the hearsay evidence noted on the ex-parte order was proven false by Judge Bennett’s recusal.
[30] Mr. Jack A. Bennett, Associate Circuit Judge recused himself, not that it compensates, excuses or repairs his bad act.
[31] The Federalist No. 84, Certain General and Miscellaneous Objections to the Constitution Considered and Answered, Independent Journal, Wednesday, July 16, Saturday, July 26, Saturday, August 9, 1788 by Alexander Hamilton
[32] See the enclosed copy of the testimony transcript where arresting officer Little contradicts under oath, the denied exculpable published police procedure by declaring a 4” heel condition as acceptable when the published standard is a 2” heel.
[33] “Suppression by the prosecution of evidence favorable to an accused who has requested it violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Pp.8 866-88. BRADY V. MARYLAND, 373 U. S. 83 (1963)
[39] I quote from FBI Mission Statement “The FBI is the lead agency for investigating violations of federal civil rights laws…and we take that responsibility seriously.”
[40] Case 4:09-CR-0659-CDP (see case Doc #74 Exhibits A thru F).
[41] Eastern District Court of Missouri, Case #4:09-cr-00659-CDP, Document #78, Attachments #(1) Exhibit
[43] This includes 13 Judges directly and some 32 judges as employers, see Writ of Certiorari 07-11115
[45] agere sequitur esse, action follows being, Metaphysical and moral principle that indicates the connection among ontology, obligation and ethics.

Tuesday, August 10, 2010

Immunity is DIAMETRICALLY opposed to the Rule of Law


Immunity is DIAMETRICALLY
opposed to the Rule of Law

A member of the Bar will never challenge judicial absolute immunity.  The Judges have, for too long, intimidated the Bar.
I have been at this for 7 years.  I know I am not the only one that feels the sad irony in the assertion of Judicial Immunity.  “The irony is unmistakable: those who are the guardians (judges) of the Constitution are themselves privileged to violate it with corrupt, malicious, incompetent and intimidating impunity.[1]” If it were not so heinous it would almost be laughable, that the judiciary would even attempt to assert immunity from the Rule of Law.  “Immunity is DIAMETRICALLY opposed to the Rule of Law” by definition.  I sometimes feel as if I am the waif in the old Danish parable "The Emperor's New Clothes".  The Judiciary has no credible claim to immunity from the rule of LAW and no clothes old or new will hide their malice, corruption and incompetence.
Judges are tasked by our constitution to oversee the Justice Department’s administration of our laws: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States.[2]” They are not at liberty to make LAW.  Their liberty is restrained just like every other citizens under the Rule of Law.  The supremacy of the United States Constitution transcends all.
“We the People” in 1791 with the ratification of our Constitution and Bill of Rights established the Rule of Law, the Protection of the Laws, to “secure the Blessings of Liberty to ourselves and our Posterity[3].  Almost immediately our Supreme Court confirmed it in 1803: “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. 137 (1803) Page 5 U. S. 163.  
Today in the year 2010, nearly 220 years later, “We the People” do not have the Protection of the Laws.  “We the People” are little more than chattel to the despotic tyrants in the Judiciary that rule with their malice, corruption and incompetence unrestrained by their self-serving grant of absolute immunity from the rule of law, impunity.  The Judiciary acts as tyrants creating Judge Made Law: “The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.[4]” Our Judiciary became tyrants when they repealed the writ of habeas corpus[5], the prohibition of ex post facto laws[6], and of TITLES OF NOBILITY[7] with the establishment of the Judge Made Law of Absolute Judicial Immunity, impunity, for themselves and trickle-down impunity for others. 

“This (absolute impunity) 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))…
A malicious and corrupt (as noted above) “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[8], 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[9] upon its proper construction, no personal liability[10] 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
and
“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 lined through editing 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).

At the ratification of the Constitution for the United States of America we knew what we wanted.  Alexander Hamilton in the Federalist Paper #78 asserted how to protect the rights, privileges, or immunities secured by the Constitution and laws:
“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...[11]”
“To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them[12]”.  The Supreme Court has never been “bound down” by the constitution, statute, precedent or strict rules.  The Supreme Court is not even by the their own declaration bond down by common decency, the prohibition of corruption and malice.
One Hundred years later with several precedents to the contrary, and over the express will of Congress as expressed in § 1 of the Civil Rights Act of 1871, 17 Stat. 13 -- the forerunner of § 1983 the judiciary usurped our rights, privileges, or immunities secured by the Constitution and laws and asserted the Judge Made Law with the sophism, departmental independence requires immunity from the rule of law, i.e., independent and immune from the Constitution, Statute Law, prior precedent and common law.  In 1872 the Supreme Court falsely maliciously, criminally and incompetently attempted to intimidated “We the People” with their sophistry, the Judge Made Law:
"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 and was established in order to secure the independence of the judges and prevent them being harassed by vexatious actions"
“This provision of the law is not for the protection or benefit of a malicious or corrupt judge, but for the benefit of (“We the People” being robbed and disenfranchised) the public, whose interest it is that the judges should be at liberty to (act without regard to our rights, privileges or immunities as secured by the constitution and laws of the United states of America) exercise their functions with independence, and without fear of consequences." -- and the leave was refused.“(non-italic parenthetical editing added for emphasis) ((Scott v. Stansfield, L.R. 3 Ex. 220, 223 (1868)) Bradley v. Fisher, 13 Wall. 335 (1872) @ Page 80 U. S. 349)
The Supreme Court obviously knew better in 1882.  The Supreme Court confirmed the protection of rights, privileges, or immunities secured by the Constitution and laws in 1882:
“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy and to observe the limitations which it imposes upon the exercise of the authority which it gives.”  United States v. Lee, 106 U.S. 196 (1882) @ Page 220
The Supreme Court obviously knew better in 1932:
“If this extreme position could be deemed to be well taken, it is manifest that the fiat of a state governor (a federal officer, a state judge, a state prosecutor, a police officer, a spouse) and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the federal Constitution upon the exercise of state power would be but impotent phrases, the futility of which the state may at any time disclose… 
There is no such avenue of escape from the paramount authority of the federal Constitution. When there is a substantial showing that the exertion of state power (by a federal judge, a federal officer, a state judge, a state prosecutor, a police officer, a spouse) has overridden private rights secured by that Constitution, the subject is necessarily one for judicial inquiry in an appropriate proceeding directed against the individuals charged with the transgression. To such a case the federal judicial power extends (Article III, § 2), and, so extending, the Court has all the authority appropriate to its exercise.” (emphasis and non-italic parenthetical text added) Sterling v. Constantin, 287 U.S. 378 (1932) Page 287 U. S. 397-398
Two Hundred years after our Declaration of Independence driven by the desire to escape the prerogative of a King we are again subject to prerogative.  This time the prerogative of any Judicial Officer with the 1871 precedent that allows the incompetent, malicious and corrupt to deny our rights, privileges, or immunities secured by the Constitution and laws WITH IMPUNITY.  NOWHERE in common law, statutory law or constitutional is this immunity defined or provided for.  NOWHERE is the need for independence from the Rule of Law required.  “Like the jurisdiction of local courts, immunity itself—a judge-made doctrine—must be limited by due process, which is of constitutional dimension. The supremacy clause unquestionably nullifies even the most ancient of common law principles and even the most popular of state statutes to the extent they are inconsistent with due process.[13]” 
Yet the Supreme Court with their hubris unrestrained in 1967 asserts their self-serving Judge made law, unsupported by common, statutory or constitutional law or precedent:
“Few doctrines were more solidly established[14] at common law[15] than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction, as this Court recognized when it adopted the doctrine in Bradley v. Fisher, 13 Wall. 335 (1872). 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) public, whose interest it is that the judges should be at liberty to (act without regard to the rights, privileges and immunities secured by the Constitution and Laws) 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. 349, note, at 80 U. S. 350) Pierson v. Ray, 386 U.S. 547 (1967) Page 386 U. S. 554).
“The effect was plain: under the doctrine of judicial immunity, a victim can be forced to bear the full burden of a serious, irreparable injury inflicted by a state-court judge in blatant violation of the Constitution. [16]”  That is insanity, what are we ignorant incompetents that we cannot write laws that CLEARLY say what we mean them to say? 

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
It seemed clear to the Supreme Court in Monell and Owen:
“Moreover, the congressional debates surrounding the passage of § 1 of the Civil Rights Act of 1871, 17 Stat. 13 -- the forerunner of § 1983 -- confirm the expansive sweep of the statutory language. Representative Shellabarger, the author and manager of the bill in the House, explained in his introductory remarks the breadth of construction that the Act was to receive:
"I have a single remark to make in regard to the rule of interpretation of those provisions of the Constitution under which all the sections of the bill are framed. This act is remedial, and in aid of the preservation of human liberty and human rights. All statutes and constitutional provision authorizing such statutes are liberally and beneficently construed. It would be most strange and, in civilized law, monstrous, were this not the rule of interpretation. As has been again and again decided by your own Supreme Court of the United States, and everywhere else where there is wise judicial interpretation, the largest latitude consistent with the words employed is uniformly given in construing such statutes and constitutional provisions as are meant to protect and defend and give remedies for their wrongs to all the people."
Cong.Globe, 42d Cong., 1st Sess., App. 68 (1871) (hereinafter Globe App) Similar views of the Act's broad remedy for violations of federally protected rights were voiced by its supporters in both Houses of Congress. See Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978), at 436 U. S. 683-687. (Owen v. City of Independence, 445 U.S. 622 (1980) @ Page 445 U. S. 635-636)
Yet unrestrained malicious and corrupt tyrannical anarchy is proposed by BRADLEY V. FISHER, 80 U. S. 335 (1871) @ Page 80 U. S. 352 and Pierson v. Ray, 386 U.S. 547 (1967):
A malicious or corrupt “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, 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 upon its proper construction, no personal liability to civil action for such acts would attach to the judge” (Cong.Globe, 42d Cong., 1st Sess., App. 68 (1871))” 
Where does a victim of the DENAIL of the protection of the laws go for a remedy, a redress of grievances as guaranteed by the First Amendment[17]? 

1.      The Guild of Judges refuses to administer the rule of law and regulate itself.  The Judiciary asserts for themselves the self-serving protection of the Judge Made Law of absolute impunity. 
2.      The Executive will not assert the constitutional protection of the laws via his/her responsibility to “take Care that the Laws be faithfully executed.[18]” 
3.      The Legislature is dysfunctional.  The Legislature, specifically the Senate, will not and CAN not enforce the constitutional provision for impeachment “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour[19]” with its oligarchy’s unconstitutional and undemocratic control of the Senate’s rules with “secret holds“ and the filibuster.

What is left to the victim, “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 parenthetical text and lined through editing 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)
At the time of the Declaration of Independence we sought to throw off the “stipulations between kings and their subjects, the king’s prerogative in favor of privilege, rights surrendered to the prince[20]” to “secure the Blessings of Liberty to ourselves and our Posterity.[21]”  We have never been able to establish and or sustain the rights, privileges, or immunities secured by the Constitution and laws because of the malice, corruption and incompetence that has been empowered and commissioned by the Judiciary’s self serving Judge made law of absolute immunity/impunity.
Now I am not talking about some debatable and ambiguous act of judicial malice, corruption or incompetence.  These are overt undeniable acts of the denial of specific rights[22] over timely and repeated objections both during the trials and after the court appearances in follow up motions for reconsideration, followed by timely appeals all the way to the Supreme Court and back (see United States of America 8th Circuit of Court Appeals 07-2614[23] and 08-1823[24]). 
“The effect is plain: under the doctrine of judicial immunity, a victim can be forced to bear the full burden of a serious, irreparable injury inflicted by a state-court judge in blatant (malicious and corrupt) violation of the Constitution.”[25]  “Even if the doctrine had existed in common law, constitutional supremacy dictates that it must bow before the American idea of procedural justice embodied in the guarantee of due process.[26]”
This in spite of the protection of the remedial and corrective civil rights statute originally passed by congress in 1871:
§ 1 of the Civil Rights Act of 1871, 17 Stat. 13 -- the forerunner of   § 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.


[1] JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 (Fall 1987). Copyright © Cato Institute. All rights reserved.
[4] Federalist Paper #84, Certain General and Miscellaneous Objections to the Constitution Considered and Answered, Independent Journal, Wednesday, July 16, Saturday, July 26, Saturday, August 9, 1788 by Alexander Hamilton
[5] 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.
[6]  The Constitutional prohibition of ex post facto laws, US Constitution Section 9 - No Bill of Attainder or ex post facto Law shall be passed.
[7] Immunity from the rule of law was the MAJOR issue with Nobility, the royals in the Declaration of Independence and during the ratification of the Constitution. 
[8] “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.
[9] “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.
[10] “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
[11] The Federalist No. 78, paragraph 12,The Judiciary Department, Independent Journal, Saturday, June 14, 1788 by Alexander Hamilton
[12] The Federalist No. 78, paragraph 20, The Judiciary Department, Independent Journal, Saturday, June 14, 1788 by Alexander Hamilton
[13] JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 (Fall 1987). Copyright © Cato Institute. All rights reserved.
[14] The DOCTIRNE was never firmly established, the assertion is a sophism.  “As early as 1613, English courts had recognized that Article 39 restricted the power of judges. Early English decisions had found that judges lost immunity from suit for acts clearly beyond their jurisdiction. Only in a single area did the English common law grant a broad form of immunity to judges, Recognizing a need to protect judges from the displeasure of the Crown and its ministers, the Star Chamber in Floyd v. Barker had held that a judge could not be prosecuted in another court” (Cato Journal, Vol.7, No.2 (Fall 1987). Copyright © Cato Institute. All rights reserved.) The doctrine of judicial immunity from federal civil rights suits dates only from the 1967 Supreme Court decision in Pierson v. Ray, 386 U.S. 547 (1967); it should be noted that there was a dissent by William O. Douglas.  Immunity was not a settled issue, see, for example, McShane v. Moldovan, 172 F.2d 1016 (6th Cir. 1949).  I note also that Randall v. Brigham, 74 U.S. 7 Wall. 523 (1868) @ Page 74 U. S. 536, three years before both § 1 of the Civil Rights Act of 1871 and Bradley: ”They are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, unless perhaps where the acts in excess of jurisdiction are done maliciously or corruptly.”  In Bradley v. Fisher, 80 U.S. 13 Wall. 335  (1871) where there was a decent (74 U. S. 7 Wall. 523) “MR. JUSTICE DAVIS, with whom concurred Mr. Justice CLIFFORD, dissenting.” “But I dissent from the rule laid down by the majority of the Court that a judge is exempt from liability in a case like the present, where it is alleged not only that his proceeding was in excess of jurisdiction, but that he acted maliciously and corruptly. If he did so, he is, in my opinion, subject to suit the same as a private person would be under like circumstances.”
[15] “Even if the doctrine had existed in common law, constitutional supremacy dictates that it must bow before the American idea of procedural justice embodied in the guarantee of due process.” JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 @ page 463 (Fall 1987). Copyright © Cato Institute. All rights reserved.
[16] JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 @ page 469 (Fall 1987). Copyright © Cato Institute. All rights reserved.
[17] Amendment I, Congress shall make no law… abridging the… right of the people to… petition the Government for a redress of grievances.
[23] State Court Case No.: 03FC-10670M, Missouri Court of Appeals eastern District ED84021, US Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit US Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 - Oct 6 2008 Petition DENIED
[24] State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, US Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit US Court of Appeals 08-1823, Motion for rehearing for Writ of Certiorari to the Supreme Court 07-11115 with 08-1823 included - Jan 21 2009 Rehearing DENIED.
[25] JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 @ page 469 (Fall 1987). Copyright © Cato Institute. All rights reserved.
[26] JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters, Cato Journal, Vol.7, No.2 @ page 463 (Fall 1987). Copyright © Cato Institute. All rights reserved.