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jail4judges · J.A.I.L. -- The Judicial Accountability Initiative Law - A proposed law to increase the accountability of our judiciary.

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#977 From: <victoryusa@...>
Date: Fri Aug 26, 2005 2:54 am
Subject: Back From South Dakota - Part 1
jail4judges_...
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J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                          August 25, 2005
______________________________________________________
Mission Statement                  JNJ Library                     PayPal Support
Federal J.A.I.L.
                           FAQs                    What?MeWarden?
 
www.SouthDakotaJudicialAccountability.org
______________________________________________________
 
Back From South Dakota- Part 1
From Los Angeles to Sturgis, S.D.
Reported by Barbie, VictoryUSA@...
(Edited by Ron Branson)
 
Welcome everyone! After arduous driving and footwork collecting signatures in South Dakota, we arrived back home August 23rd, at 7 p.m. We left well ahead of the August 8th start of the Sturgis event, (Thursday, July 28th), so we could take it easy and travel the scenic route through the Grand Tetons and Yellowstone. Words can hardly describe the wondrous majestic beauty we beheld on the entire trip. We were traveling through God's rock garden, and some areas were magnificently created with cathedral-looking spires rising up to abbey-appearing "structures" at the very pinnacle of different mountain tops. From the distance, some of them looked like they had a group of columns across the front of them. It was awesome!
 
We saw all kinds of animals-- a bear with cubs, a bull moose, deer, mountain goats, roaming cows through the woods (unrestricted), buffalo, and a remarkable bunch of donkeys, at least 25. One of the larger donkeys was standing smack in the middle of the road and was perfectly content to stay there. He wouldn't move, despite calls, whistles, and clapping hands. Finally, about a nine-year-old boy caught the donkey's attention by holding out his hand as if he had food to feed him, and that made the donkey finally amble off the road.
 
As we were traveling through Jackson, Wyoming, we caught sight of a large sign that read "Law Offices of Jerry Spence" on the front of a building that looked like a two-story hotel. We immediately found a place to park about a block away and walked back. It wasn't quite 8 a.m. and we didn't expect anyone would be there. However, we got our material including the JNJ "History in the Making" featuring the article by Henry Jake Morgan "One Glaring Deficiency" adapted to the South Dakota effort, to slip under the door of his offices. Just in case someone was there, we knocked on the glass door, and sure enough, a lady did come to the door. She opened it and we told her about J.A.I.L. and handed her our material and asked her to be sure and give one set to Jerry. She said she would and thanked us. So now Jerry Spence and some of his staff know about our South Dakota J.A.I.L. campaign.
 
Another remarkable event happened in Wyoming. As we were driving through the small town of Greybull which had a typical speed limit of 30 mph which Ron always followed each time we passed through a town (Ron has been meticulous in obeying all traffic rules throughout the trip), we reached the outskirts and saw the sign up ahead posting a 65 speed limit.
 
We noted a sheriff's patrol car coming in the opposite direction and then Ron said "That patrol car made a u-turn and is coming behind us with his lights on." We wondered whom he was after, since we saw no other cars in front of us, but Ron pulled over when seeing the lights behind us. Then we were shocked to see the patrol unit pull in behind US! We couldn't imagine why. When the sheriff deputy came to the window, he said "Do you know why I stopped you?" Ron told him he had not a clue. The officer said that Ron was leaving a 30 mph zone doing 42, which meant that Ron had increased his speed 12 mph from observing the posted 65 mph sign until he reached the sign. The point was that the 30 mph zone lasts until actually PASSING the 65 speed limit sign despite being totally out of town and on the open highway. We were the only car on the road, besides the patrol car. 
 
On the good side, we were fortunate that he was a friendly traffic officer. He had a nice smile, twinkling blue eyes, and was chewing gum. He asked where we were headed, and asked for Ron's DL and proof of insurance. I asked if he wanted the registration, and he said "If you have it." He took the papers back to the patrol car and we waited for what seemed to be an eternity. Ron and I committed the entire incident to prayer and I prayed "Thy Will be done. We will follow whatever You direct us through this officer, because we know that You have complete control of this, and every, situation. We know that whatever happens is for our good and we will acknowledge that and be grateful."
 
Finally the officer returned and said "I'm going to just give you a warning." (Let me say, Ron never increased his speed until AFTER the new sign from then on, but some people behind him were not pleased. For instance, a Frito Lay Potato Chip delivery truck pulled around him and accelerated to get in front of him in the space between viewing the new posted speed and actually passing the sign.) Ron thanked the officer and took the opportunity of explaining in detail about JAIL4Judges, handing him a card telling him why we were making the trip. The officer said "Sounds like good stuff. I like it." He said he would check out our website and he gave us his email address. So we will be in touch with him. Ron and I are convinced that the Lord wanted this officer to learn about J.A.I.L. and used this incident for that very purpose.
 
As we arrived at the southern end of South Dakota we stopped and I took a few pictures of Ron in his J.A.I.L. shirt, hat, and regalia, pointing up to the sign "Welcome to South Dakota." We thought that would be good on the South Dakota website with the caption something like, "Winning America Back, Starting With South Dakota."
 
Then onward to Rapid City, S.D. Unfortunately we didn't have the South Dakota petitions as yet, and could not begin collecting signatures. We met several people there who whole-heartedly agree that J.A.I.L. is needed there. One store proprietor told us he could give us an earful about the corruption he knew of personally in R.C., but he's renting his store from the City and can't say anything. We gave him the J.A.I.L. card and he'll look us up. We later met a lovely couple in R.C. who is on our mailing list. They allowed us to stay two nights at a large home they just purchased and were fixing up right across the street from their home. The master bedroom was huge! After sleeping on the front seats tilted back in our van for a week, it was a real treat to stretch out on a real bed, and king-sized at that. And we had a private bathroom to boot. We thank this nice family for accommodating us in such royal fashion!
 
On the second day in R.C., we called Bill Stegmeier (the S.D. JIC) from Rapid City to let him know of our anticipated arrival in Deadwood. He told us he would meet us there with all the South Dakota material-- petitions, pens, clipboards, cards, plus a stock of "South Dakota Judicial Accountability Team" T-shirts to give to people pledging to collect at least 20 signatures. We arrived in Deadwood and took a few hours to relax and settle in before Bill got there. He drove clear across the state (about 400 miles). He treated us to a great prime rib dinner and dropped off the materials we needed to proceed. We felt so bad that he would have to turn around and drive all the way back another 400 miles that same evening --that's 800 miles in one day. I don't know how he got any sleep. He didn't have anyone with him to help drive.
 
Deadwood is about 11 miles west of Sturgis where we stayed for nine nights, thanks to Bill for providing the lodging. We were there for the 
Sturgis Motorcycle Rally. We donned the South Dakota T-shirts and went to Sturgis to start collecting signatures. Ron spent each day in Sturgis collecting signatures. However, I developed some sort of tendonitis up the front of my right foot into the shin area on my first day at Sturgis and couldn't walk any distance without extreme pain. My spirit was willing but my flesh was weak. I had to stay at our lodging quarters for a day and thought it had improved enough to try again, but found that as soon as I started walking more than a few blocks, it flared up again. Ron kept going everyday, averaging several hours a day. He got physically tired and his heels and ankles got sore, but he got out there each day with renewed strength, determined to collect as many signatures as he could. I tried to convince him to take a day off to recuperate, but he wouldn't hear of it. One day after trotting in the scorching heat, he decided to go later in the day and collect signatures during the evening. Just avoiding the heat of the day helped a great deal.
 
While there, Ron got a call from a couple who was there to help collect signatures in Sturgis. They are from Brookings on the eastern border of S.D. and traveled across the state to help. Ironically they were staying in the same area of Deadwood that we were-- just blocks away. They treated us to breakfast there before heading out for Sturgis. They helped Ron for three or four days gathering signatures until they had to leave on a call back to work on an emergency fill-in. I felt bad that I couldn't be with them all the time, but they understood my plight.
 
Thereafter, Ron went door to door in the Sturgis community. He would walk up one side of several blocks, and back the other side, while I drove the van to the end of each area. He would then coordinate with me to go to the next set of blocks, and on it would go for hours! Ron said that almost everyone in Sturgis and Deadwood are registered voters-- probably 90% of the ones he met. At one door upon which Ron knocked, was the residence of John Eggers, the 31-year, now retired sheriff of the community, who showed Ron the front page of the current issue of the Black Hills Press Newspaper with his picture on it, in which he was being presented a plaque in his honor. The caption read that the mayor has proclaimed August 9th as Sheriff John Eggers Day. Sheriff Eggers was very bold in his opinion about the South Dakota Judiciary, and allowed me to quote him as saying, "I am well familiar with the judiciary in this State of South Dakota, and this J.A.I.L. Initiative is very much needed here." Sheriff Eggers also said, and I quote, "No one is above the law," referring to the judges of South Dakota. Having been in law enforcement all his life, he is definitely an authority on the subject, and he has given up permission to place his picture on our website and to openly quote him. Yes, what a story to pick up on by chance, but I think this goes beyond chance. Let the other supposed authorities go up against him and try to refute his years of experience in dealing with the courts. Ron gave the article to Bill and he plans to put it on the South Dakota website.
 
At another door on which Ron knocked in Deadwood was an elder gentlemen who unhesitatingly took the clipboard and signed it saying he was not afraid to sign, stating, "I know two judges who belong in prison, and not on the bench." To clarify, Ron asked to be sure he was referring to judges in South Dakota, to which he emphatically responded, "I am talking about judges right here in Deadwood!"
 
More than just the signatures, it was a wonderful opportunity of informing people of S.D. about South Dakota J.A.I.L. --whether they signed or not. If no one was home, a card was left in the door. Ron is very encouraged, especially after going door-to-door in Sturgis. He estimates the approval rate for this ballot measure to be above 80%, and that the votes for passage of South Dakota J.A.I.L. are there. In approximately a year and a half from now we believe that America will start to feel the freedom effects of J.A.I.L.
 
 
To be continued in Part 2.
 
-Barbie
 
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

#978 From: <victoryusa@...>
Date: Fri Aug 26, 2005 4:27 am
Subject: "Mr. Judge, Take Down Those Portraits!"
jail4judges_...
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 J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                               August 25, 2005

______________________________________________________
Mission Statement                  JNJ Library                     PayPal Support
Federal J.A.I.L.
                           FAQs                    What?MeWarden?
______________________________________________________
 
"Mr. Judge, Take Down Those Portraits!"
July 23, 2005

The display of a portrait of any judge in the courtroom is condescendingly and patronizing insulting to the supposed owners of the Judicial Branch, the People. One does not see pictures or paintings of  average individual citizens in the courts. So why should bar association attorneys be allowed to post immaculate portraits of fellow Bar Association Members? When the Bar Association praises one of their own for impartiality, it usually means their hand-picked judge was partial to them.

Dual loyalties should not be tolerated.  The judge should not have the status of "Superior Citizen." Judges should consider it a privilege to serve their fellow citizens by applying their laws in accordance to the American Constitution. That is why judges and any other public servant should not be addressed as "Your Honor." The judiciary is supposed to be a passive branch of government. Just like a sporting contest, very few know or even care who the umpire or referees are. A referee's job is to apply the rules with such uniformity and consistency that no cares about their identities.
 
Yet the display of any individual symbolizes, in a public institution that relies on force, the dangerous "cult of personalities". This is a sure-fire sign of dictatorial despotism witnessed in the former Soviet Union, Nazi Germany, and Baathist Iraq, and still is prevalent in many other nations.
 
The only items that should be on display is the Declaration of Independence, the American Constitution, and the State Constitution. People should stand in respect to these documents only. Absolutely no one should be above this system of law. A charge should be issued universally "Mr. Judge, take down those pictures!" ....

Very Truly Yours,
Harsha Sankar 
freedom@...
Covington, Virginia 24426


 
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

#979 From: <victoryusa@...>
Date: Mon Aug 29, 2005 5:56 am
Subject: Back From South Dakota - Part 2
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                          August 28, 2005
______________________________________________________
 
www.SouthDakotaJudicialAccountability.org
______________________________________________________
 
Back From South Dakota- Part 2
From Sturgis, S.D. back to Los Angeles
Reported by Barbie, VictoryUSA@...
(Edited by Ron Branson)
 
In part 1 we ended with describing our signature gathering in Sturgis, S.D., and of the happenstance of knocking on the door of 31-year, now retired Sheriff John Eggers, who stated that he was well acquainted with the judges in South Dakota, and that J.A.I.L. was a very needful in that state. We left Deadwood early Monday morning, August 15th, and traveled on to the State Capitol, (Pierre - pronounced "Peer" in S.D.) where we also collected signatures.
 
I took a lot of pictures of the Capitol Building, inside and out, including the rotunda. The State Supreme Court is located in the Capitol building and I took pictures of Ron wearing the South Dakota T-shirt and his J.A.I.L. cap, carrying several clipboards with petitions, walking up the stairs outside the Supreme Court location. It will be on the courthouse steps where we plan to hold the victory celebration when South Dakota J.A.I.L. passes in 2006.
 
Just inside the doors above those steps to the right reads "Supreme Court." I took a picture of Ron entering the access door to the Supreme Court, and I took a picture through the glass portion of the door, into the courtroom showing five chairs behind the large bench up front where the justices would sit. A few feet from the courtroom was the Supreme Court office, which was also closed. Ron placed the South Dakota materials we had under the door. So now the South Dakota Supreme Court is aware of South Dakota J.A.I.L.
 
We then went to the Governor's Office. We met the secretary seated at a desk in an elaborate reception room and she told us the Governor wasn't in. Ron told her about the South Dakota J.A.I.L. campaign and left a couple sets of the paperwork we had and asked her to be sure to give one set to the Governor. She said she would and thanked us. Ron retrieved the receptionist's personal business as we left. She could see the back of the T-shirts we were wearing that says "Member- South Dakota Judicial Accountability Team."  So now the South Dakota Governor is aware of South Dakota J.A.I.L.
 
I suggested that we look up James Fry, the Director of the Legislative Research Council who examined our proposed initiative when it was filed. However Ron said "Not at this time-- perhaps when we come back for the victory celebration."  Also, Ron discussed J.A.I.L. with two uniformed information officers at the Capitol and gave them each the SDJA card and told them to look at the website. They said they would.
 
After covering the Capitol Building pretty well, we drove to the Governor's Mansion which was under renovation. I took pictures of it and the large pond in front with a swan and several other large birds on the lawn. daylight begin to wane, and we then drove along the Missouri River by moonlight. Ron wanted to visit the Big Ben Dam near Ft. Thompson and so we spent the night in a small town in that area.
 
The next morning we drove to the Dam and looked for the visitor center conducting tours. We asked a worker for help and he took us to a main gate where there was a red sign posted "All tours are suspended until further notice." We asked why that was, and he said "Didn't you hear the news?" We told him we hadn't heard any news since we left home three weeks ago, and he told us that on Saturday, the 13th, there was some people who looked Arab taking pictures of the dam, and so all dams were ordered closed to the public by the federal government. Ron questioned on what happened to the government's well-established  policy of not discriminating against individuals based upon their culture or nationality, wondering if we have now completely shifted from that policy. The worker apologized, and we thanked him. He was very courteous and accommodating to us and Ron discussed J.A.I.L. with him for quite a while. Although he was a South Dakota registered voter, he said he was not permitted to sign the petition because he's a government employee. We've come a long way in America to find that government employees are now afraid to use the voting process to change things. He was aware of government corruption and said they needed such accountability greatly.
 
From that point, Ron's main concern was getting to Sioux Falls as soon as possible to meet with the people in charge of the signature gathering company and find out the status and strategy planned. However, we had a few more stops to make before getting to S.F. The next stop definitely on our agenda was Bill's, what he calls "cabin" on the lake. He said the "cabin" was ours for as long as we were there! Bill drove up from S.F. (90 miles) that evening just to meet us and again take us out to dinner at a restaurant across the lake, and again he couldn't spend the night because he had to get back to the shop. Driving miles in one day for Bill is "standard operating procedure."
 
That was certainly a relaxing, quiet time for us-- a rest we really needed since our stay in Rapid City. Ron enjoyed a hot shower and I was able to give him a much-needed haircut while there. I particularly enjoyed the full moon reflecting on the water in the evening as Ron continued watching the outer-space video on the big-screen TV while seated in a large comfortable rocking-swivel easy chair-- not what one would typically find in a "cabin."
 
Ron still had his sites set on getting to Sioux Falls, but we had yet one more stop to make before that. The couple who came to help us collect signatures in Sturgis invited us to visit them in Brookings when we got in that area. So that's where we headed from the "cabin." It was interesting to see the same folks we were with on the west end of the state, here on the extreme eastern end. We again were treated with the utmost cordiality and hospitality! Not only did they insist we stay in their house, but they even gave up their bedroom to us and they stayed downstairs in the basement! They would have it no other way! As we got ready to leave, they helped us load our stuff in the van and we hugged good-bye. As we drove off, they both stood in front of their house giving us big waves good-bye --another marvelous couple on our trip! I sensed tears welling up in my eyes as we left.
 
NOW-- we headed south to Sioux Falls. We finally made it to Bill's shop which was in full operation. Ron and I were fascinated with all the large complex machines.
 
Then came the time Ron was waiting for-- going to meet the people running the signature gathering program for South Dakota. They had set up an office in Sioux Falls and Bill took us there with Emilee and Jenny on his staff, in a beautiful new-looking shiny immaculate evergreen color van with a soft dove-grey interior, which Bill calls the "J.A.I.L.-mobile."  WOW! J.A.I.L. goes in style in South Dakota!
 
We met the main "honcho" by the name of Susan and her assistant, John. Susan is an aggressive, self-confident "take-the-bull-by-the-horns" type of leader who assures us in no uncertain terms that they WILL accomplish the goal of gathering the required signatures for South Dakota J.A.I.L. by the deadline. She told us she has been in this business since 1979 and has NEVER failed a petition drive. She understands that J.A.I.L. is not "just another" petition drive, but that J.A.I.L. is an issue standing heads and shoulders above other issues. Susan said she personally understands the need and importance of J.A.I.L., unlike other issues she has handled. So there is absolutely no doubt in her mind that they'll get the signatures and that it will pass in 2006.
 
Ron said to her "I realize that you are working for J.A.I.L., but I want to make you a JAILer anyway."  She said "Absolutely!"  Susan treated all of us to lunch and assured us that the job will be done. She's a very "gung-ho" type of person and won't let anything get in her way.
 
Ron wanted to teach the team from Bill's staff to go door-to-door, what to say and how to handle it. So the next morning we met them. There were five staff people plus Ron, making six (3 teams of two). When we got to the selected neighborhood, I drove the J.A.I.L.-mobile, dropped off two at a time at various blocks and then drove to the ending point of the first team and took them on to the next portion, then met the second team and did the same thing, etc.
 
That evening Ron and I met with Bill for an appointment with Dr. Allan Unruh, who has signed on to use his influence in getting J.A.I.L. going in South Dakota. Dr. Unruh is a well-connected community activist. He knows Dr. Roy Moore personally and other notables. He's aware of several up-coming events that will be good places to advertise J.A.I.L. and he said he will make arrangements for that. In our discussion, Dr. Unruh listened intently to what Ron had to say and took several pages of notes, often making the comment "Good point! Very good point!"  He would ask Ron very intelligent questions, and he liked Ron's responses. You could tell that the doctor was a brilliant thinker and he covered many bases with his questioning. Ron was quite pleased that the doctor was well beyond just idle rhetoric. He'll make a great spokesman for J.A.I.L. right there in Sioux Falls. He's a good speaker anyway and he'll be a great asset for J.A.I.L. He's in good contact with Bill.
 
That meeting was probably the most profitable event of our visit to Sioux Falls, other than the signature collection of course and meeting Susan. You could sense the anger about the corruption in Dr. Unruh's voice as he spoke-- he is well motivated to promote J.A.I.L. He spoke with outrage regarding the judicial corruption he has seen. He is exactly the kind of person we need for South Dakota J.A.I.L. I highly recommend that as many of you as can, contact Dr. Allen Unruh by email at allen@.... Tell him we appreciate what he is willing to do for J.A.I.L. in South Dakota, and what a wonderful meeting we had with him last week. Give him your encouragement!
 
 
Thereafter, we met with Scott Bartlett, the Chairman of the Constitutional Party in South Dakota, who treated us out to dinner. Scott made a recommendation for Ron to appear on a certain radio program, however we would have to wait until Monday to make arrangements (this was on Friday), and we weren't able to stay since the outcome was uncertain. It was nice to be able to meet Scott as well and we appreciated the opportunity.  He will do what he can to spread the word about South Dakota J.A.I.L. and will remain in touch with Bill.
 
That evening we spent our last night in Sioux Falls. We stopped by the shop on Saturday morning to say good-bye to Bill and thank him for everything. There was no FreedomRoast this year because of the South Dakota J.A.I.L. campaign taking up Bill's time and resources. I said to Bill, "I hope we see you again soon" and he said "You will, for the Victory Celebration!" So off we were, saying good-bye to South Dakota after a successful trip. Tuesday evening, the 23rd we got home and then collapsed! The next day we turned on the computer to be greeting with four thousand emails awaiting our attention. To date, we have not even made a dent in them.
 
Thanks to everyone on our trip for everything they have done for us, and for South Dakota J.A.I.L. We are truly grateful for each one of you! We come home assured of VICTORY IN 2006 in South Dakota!
 
GO, SOUTH DAKOTA, GO!
 
-Ron & Barbie
 
PS - Once J.A.I.L. passes in South Dakota we anticipate a financial support base like we have never seen before in which we can set our cross-hairs on our second or third state.
 
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 

#980 From: <victoryusa@...>
Date: Mon Aug 29, 2005 10:36 am
Subject: * * Critiquing South Dakota J.A.I.L. * *
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                          August 29, 2005
______________________________________________________
Mission Statement                  JNJ Library                     PayPal Support
Federal J.A.I.L.                           FAQs                    What?MeWarden?
______________________________________________________
 
 
Critiquing South Dakota J.A.I.L.
(By Ron Branson - Author/Founder of J.A.I.L.)
 
The Sioux Falls ArgusLeader, a well recognized newspaper within the State of South Dakota, by and through its reporter, David Kranz, has chosen to do a write up in the form of a critique on the current effort to qualify the J.A.I.L. Initiative effort for the November, 2006 ballot. Being the author of J.A.I.L. since 1995 when I first wrote it, I believe I am truly qualify as a bondified authority to respond to David Kranz's critique thereon.
 
Am I upset with David Kranz, or his critique, or his effort to denigrate this effort? Not in the least. In fact, I am very pleased that he as chosen this cause worthy of his time and his effort to critique it. I encourage him to give it all the gusto he can, for after all, any subject so important that it claims to hold all the judges in South Dakota to account, deserves his utmost attention. He should let nothing, no matter how small, slip by his urgent duty to keep his ArgusLeader readers well informed on this subject, just as I, the publisher of the J.A.I.L. News Journal, have to my readership. I already know that David is going to receive tons of emails at his email address of dkranz@... as his reward for daring to write his critique.
 
Do I sound confident? You bet I do. I am confident that before long all of David Kranz's concerns will be answered, and he will be one of J.A.I.L.'s best advocates for such an important cause as this. So I think it best that all our JNJ readers should read in full David's criticism of J.A.I.L., and then I will get back afterwards to address his concerns. 
 
- Ron Branson
 

http://www.argusleader.com/apps/pbcs.dll/article?AID=/20050828/COLUMNISTS02/508280315/1059/COLUMNISTS

DAVID KRANZ
dkranz@...

Published 08/28/05

A judge could go to jail for handing down a court ruling in that someone disagreed with if an effort is successful to put the Judicial Accountability Initiative Law (J.A.I.L.) on the ballot. William Stegmeier, a Tea manufacturing company owner, is heading up the effort with support from people around the country.

At the center of their concern is a feeling that judges think they rise above the law in what the initiative's backers call a self-made doctrine of judicial immunity, he says.

So his group of about 30 volunteers, South Dakotans for Judicial Accountability, is circulating petitions across the state from the Sioux Empire Fair to the Sturgis bike rally.

They need 33,456 signatures by Nov. 7 to be on the ballot, says Kea Warne, state election supervisor.

Stegmeier estimates the group has gathered 10,000 names.

He admits there isn't yet much of a problem with the issue of judicial accountability in South Dakota "We are not known for judicial corruption that I know of. It's not a big problem like it is in states like California, Mississippi," he said.

But he says that doesn't mean the initiative isn't necessary.

"Some have the argument, 'What kind of problem are you trying to solve?' Maybe you don't have a problem, but you buy homeowner's insurance before you have a problem," Stegmeier said.

He explains the process if the initiative becomes law.

"As an example: You go to court. You are the defendant. You want to enter evidence and help your case, and the judge won't allow it. You appeal the case and lose on the grounds you think the judge acts improperly. The appellate court denies your case, and you file it with a special grand jury," Stegmeier said.

That grand jury, selected from a pool of registered voters through the Secretary of State's Office, would be seated.

"They hear the complaint. They rule whether the judge should enjoy immunity from lawsuits. If they find for you, the next step is to sue the judge. If they deny you, that's it," Stegmeier said.

The grand jury also could consider whether there is probable cause of criminal conduct by the judge.

The objective, say initiative supporters, is to fulfill their responsibility to empower the people to act when they feel they are wronged.

"That is one of the nuttiest things I have ever heard," says George Wuest, a retired Supreme Court justice from Mitchell.

"People already have the power. They elected the judges, and if they don't like them, they can throw them out," Wuest said.

Good idea, says Dr. Allen Unruh, a Sioux Falls chiropractor who supports the initiative.

"I think judges all over the country are getting out of control. Our forefathers devised a system of checks and balances, but never for judges doing what they are doing, reinterpreting the constitution and undermining the people," he said.

He says judges don't have the power to override the vote of all the people in the country.

"South Dakota will be the first to challenge Roe vs. Wade, to throw judges in jail if they violate the constitution," he said. "There will be a grand jury if they legislate from the bench."

David Kranz's column appears Sundays, Tuesdays and Thursdays. Write to him at the Argus Leader, Box 5034 Sioux Falls, SD 57117-5034

dkranz@...


Ron Branson Responds To David

David, I have had many years of experience as a background in dealing with the courts prior to writing the J.A.I.L. Initiative. This experience encompasses eighteen years and fourteen cases before the United States Supreme Court. There are relatively few attorneys who can make such an acclamation. I have received commendations from judges such as, "Mr. Branson, in all my twenty years on the bench, I have never once found anybody like you." A certain judge in the Ninth Circuit Court of Appeals knows me personally and recuses himself every time I come before him.  I am in the law books both state and federal. I did not, for light or transient reasons write the J.A.I.L. Initiative. Every one of its provisions has a real and living experience behind it. If you were to wade through the thousands of pages of real cases behind it and could comprehend even a fraction of why J.A.I.L. came about, you would shake your head.

For instance, the law in California, not unsimular to S.D., gives a judge 90 days to decide a matter submitted by him, "The judge shall hear and shall render judgment in plaintiff's favor," and the Chief Counsel of the Legislature realizes that the law is good, but it cannot be enforced, saying, "This is a real head-scratcher," and yet the case has been without a decision for more than twelve years despite the law that commands it or the judge forfeits his salary, and the judge commits felony perjury every month for twelve years in swearing he has complied with the law in rendering a decision within 90 days.

Now your first point is, "A judge could go to jail for handing down a court ruling in that someone disagreed with if an effort is successful to put the Judicial Accountability Initiative Law (J.A.I.L.) on the ballot.

Around 1999 an attorney for the appellate judges here in California wrote to me with a similar argument. He attacked me saying, "I have read your entire Initiative, and I ask you why is you wish to take down a judge merely because he makes a mistake?" Just as your point, I loved his criticism. I told him that he was indicative of the very reason we need the passage of J.A.I.L.

I told him that he was just like the judges he advises, for he cannot deal with the real issue before him. I told him that if he had truly read the entire Initiative as he says he did, then how is it he missed paragraph 2 which in the South Dakota Initiative says, "No immunity shall extend to any judge of this State for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of South Dakota or the United States..." I asked him to point out to which phrase he referred in stating I was going after judges for "merely making a mistake."

I told him that I do not mind him critiquing J.A.I.L., but please critique it for what it says, not for what you wish to make up that J.A.I.L. says. So now, David, just as this attorney, I ask you to point out to which phase supports your argument, and I quote you, "A judge could go to jail for handing down a court ruling in that someone disagreed with..." This, as you know, is a put up or shut up argument. The burden now shifts to you to show that a judge could go to jail because someone disagreed with his ruling. You know that no such thing exists there in, and now so does everyone else. Until I am convinced other wise, I will assume for the time being that this was just an innocent oversight on your part, and you now know better. Hey, we all make mistakes from time to time, and this was just an oversight on your part. Certainly you had no motive to deceive your ArgusLeader readers. And just to show you how nice I am, I am not going to ask or demand you print a retraction. But I do think it would be highly commendable if you did tell your readers that you printed a foopa (untruth) in you criticism of J.A.I.L. on August 28, 2005. Hey, I want to be your friend that you respect as one who knows what he is talking about. If I were in the position to do so, I would call you up and ask you if I could take you out to dinner at my expense. 

While technically correct, your words could be misunderstood by your readers when you say, "William Stegmeier, a Tea manufacturing company owner." It is not clear to me that everyone would clearly understand that "Tea" is the name of the town in which he manufactures, as opposed to him manufacturing a beverage. Just a point I think needs clarification.

As far at the need for J.A.I.L. in South Dakota in dealing with judicial corruption, I was one of the people out there in South Dakota collecting signatures. I talked with a 31-year retired South Dakota sheriff who told me he knew well the corruption of South Dakota judges and that J.A.I.L. was greatly needed there. This is not hearsay. He told me this to my face, and we will be placing his testimony on our South Dakota website. Another signer told me he was not afraid to sign. He said that he knew of two judges who belong in prison, not on the bench. I asked to be sure he was talking about South Dakota judges, and he said, "Absolutely, I am talking about right here in Deadwood." 

David, you show your ignorance on the subject when you say, "what the backers call a self-made doctrine of judicial immunity." I realize you do not claim to be an attorney, and for that matter, neither do I. But anyone with any basic knowledge of law knows this has nothing to do with "the backers of J.A.I.L," for this doctrine of judicial immunity goes back into the 1800, and you can read about it in every law library in the country.

Okay, so your not a attorney and have not studied this. So what. But to imply that the doctrine of judicial immunity is a term invented by "the J.A.I.L. backers," is misleading. So now you know, and so does everybody else. A bit of research before writing your critique may have helped you to convinced your readers you knew your subject prior to sticking your foot in your mouth and showing your ignorance on your subject. I'm here to help you, David. Why during my door-to-door signature gathering I met a courthouse janitor who knew judges are covered by judicial immunity. She was just leaving home to go to work

From my short track record in South Dakota of going door-to-door, had I continued, I would have draw our a great load of dirty laundry on the South Dakota. Frankly, I had no idea that it was as bad as I was hearing. out of a relatively few doors I heard a great deal about judicial corruption, and I am sure that once J.A.I.L. hits the South Dakota ballot, you too will be surprised.

So now that you know that judges have immunity, you need to now study what that means. I'll give you a clue. It means that no matter how willful or malicious a judge is, or how disrespectful he is to the law or the Constitution which he has sworn to uphold, he is immune. He is accountable to no one. He can do whatever he chooses, and never has to be concerned that he will have to be accountable to the law that otherwise would call him to account. He can pass laws from the bench, despite he is forbidden from doing so. He can ignore all laws, and is still protected by judicial immunity. Is this what you perceive as the American way? If a judge can disrespect the law, does it not gender disrespect for the law by everyone else? or does this matter to you? I brought up this point up face to face with the attorney for the Governor of California, and I received this response, "Okay, I've got your point." But do they do anything about my point? Nothing. Hey, Judges have judicial immunity! They just cannot be held accountable. I said, "I don't mind these judges breaking the law, I just want the same privilege so I can go out and break the law too, and not be held accountable!"

Now you quote from former Justice George Wuest, "That is one of the nuttiest things I have ever heard," says George Wuest, a retired Supreme Court justice from Mitchell." This is an expected response from one who is a member of the bench. All he has ever experienced is judges covering for judges. But judges judging judges has never worked. Every wrong of any other profession can be redressed in court, but to who does one go when seeking redress of wrong-doing by judge? another judge who is likewise unaccountable.

David, do you find something wrong with "a government of the People, by the People, and for the People, that makes you want to cast that principle aside in favor of a government of an unaccountable judiciary? I am convinced you know better than that. When you were a child did you want you daddy to spank you, or did you lie a little bit to avoid getting a spanking. So why would you expect a retired Supreme Court Justice to admit he should be held accountable to a body of People over his  conduct?

I bid you well in responding to all the emails you are going to receive relative to your critique on the need for J.A.I.L.? God bless.

Ron Branson

Author/Founder of J.A.I.L., and your friend.

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org. Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603.
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"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau
   

 


#981 From: <victoryusa@...>
Date: Tue Aug 30, 2005 11:12 am
Subject: * * Argus Leader Conducts a Judicial Poll * *
jail4judges_...
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J.A.I.L. News Journal
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Argus Leader (S.D.)
Conducts a Judicial Poll
(By Ron Branson - Author/Founder of J.A.I.L.)
 
A recent poll was taken by the Argus Leader newspaper apparently in an attempt to influence South Dakota J.A.I.L.'s impact in S.D. They posed the following question to the people, "Should people unhappy with a judge's ruling have the authority to appeal to a grand jury for the right to sue the judge?" Their poll results reveals the following:

Yes: 49.2%
No:  50.8%


Total votes: 1,931
Assuming the validity of such a poll, South Dakota Judicial Accountability (SDJA) is a shoe-in for passage in South Dakota in the Nov. 2006 election.
 
First off, such a question is totally bogus as presented to the voters of South Dakota if it is meant by the Argus Leader to infer that this is what SDJA is all about, and what the voters are voting for by supporting this measure in the forthcoming election.
 
The above poll poses a question on whether the citizens of South Dakota should be able to whimsically do an end-run around the appellate court and go directly to the Special Grand Jury created by the SDJA measure for an appeal because they are "unhappy" with a judge's decision, and can thereby sue the judge.
 
The fact is, that even I, as the Author/Founder of J.A.I.L., would not  support such a measure for the following reasons:
 
A.) We are supposed to be a nation of laws, and not of men. To be able to appeal a decision because one is "unhappy" with the decision is to convert our laws into emotional feelings, opening the door to every kind of whimsical appeal. Laws are to be fixed and predictable just like yardsticks, not to be stretched, compressed or molded by the feelings of men. Yardsticks are not respecters of persons, changing standards according to statures of persons.
 
B.) By law the jurisdiction of courts are established by legislatures, and such laws must govern our courts. They must govern over courts the same way every time for every person. After all we are to be a nation with "Liberty and Justice for All," not just for the wealthy or influential. 
 
C.) Our country is established on a system of three separate, but equal branches of government; a legislature, an executive, and a judicial branch, with each a check upon the other two. This is a good system in theory, and we must not change that. Like an umpire at a ballgame calling fouls and strikes, judges must be free and independent to exercise their unfettered discretion without fear of reprisal for their decisions, nor should judge's decisions be overturned by upper courts for light or transient reasons.
 
It is for these above reasons I vigorously oppose such a ridiculous proposal if it were placed upon the ballot. It is also for this is the very reason why I am totally amazed that the above poll reveals that 49.2% of South Dakotans would support such a measure if placed on the ballot. And this is why I question the validity of the poll taken by the Argus Leader.
 
Are the people of South Dakota so ignorant and so blind so as to render established laws governing courts moot? I would hope not. If this poll is one-half correct, as it claims to be, it reveals such a great displeasure with the courts and the judges so much so that they are willing to abandon the above current principles just so they could sue a judge. In other words, they just want to get their hands around a judge's throat. What a thought!
 
Now we come to the question, if I, being the Author of the SDJA (J.A.I.L.) Initiative would oppose the proposed changes for the judiciary as set forth by the question asked by the Argus Leader, then what is it I propose?
 
I have already stated that I support the exercise of independent discretion of judges. I have said that their decisions should never be overturned by the appellate courts except for abuse of discretion. I have further stated that the laws governing court jurisdiction must be honored.
 
So, you ask, what is my problem with the courts then? My problem is when judges act outside and beyond their discretion. For instance, passing laws from the bench (judicial activism) is not within their jurisdiction. Ignoring the Constitution they have sworn to uphold, and the laws which govern their conduct and behavior is not within their discretion. It is not in their discretion any more than an umpire has the right to change the rules of the game, or to apply different rules to different players according as he deems fit.
 
My problem is with the concept that judges should be protected from liability from wrong-doing by their own self-made immunity when they choose to commit crimes or chose to disregard laws, and make up new laws as they see fit. I have a problem with judges being above the laws when they are to be under the law. This is what SDJA is all about.
 
Conclusion: If 49.2% of South Dakotans would vote to sue judges based upon being unhappy with their decisions, and would rather appeal to a grand jury instead of an appellate court, which I have condemned as senseless, then how much more would they wisely vote in 2006 to hold judges liable when they willingly, knowingly and deliberately choose to violate the Constitution and the laws they have sworn to uphold?
 
Based on the above, I say SDJA will be a shoe-in, a "no-contest" come this next November, 2006. In such case, we can all celebrate the Victory for America next year! Thank you Argus Leader for your poll.
 
-Ron Branson
 


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

#982 From: <victoryusa@...>
Date: Wed Aug 31, 2005 9:24 pm
Subject: ** Read and Understand the Amendment Before Reporting Irresponsibly On It* *
jail4judges_...
Send Email Send Email
 
 
J.A.I.L. News Journal
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Read & Understand the Amendment
Before Reporting Irresponsibly On It
If you expect to maintain your "honorable" reputation and integrity, we highly recommend that all members of the judiciary, active or retired, and of government generally, and of the news media,
 READ AND STUDY THE SOURCE MATERIAL
 before making comment and reporting irresponsibly on it.
                                                        -Barbie, JAIL4Judges.org
 
Even the art of propaganda brings our cause to people's attention
We thank David Krantz, columnist for the Argus Leader, the largest newspaper in the largest city of South Dakota, Sioux Falls, for his article below published 8/28/05 which he titles "Don't like how the court ruled? Sue the judge, group says" for bringing the public's attention to the J.A.I.L. cause in such a provocative manner. Probably the most provocative manner is through the art of propaganda in news reporting that so vastly permeates the news media throughout the country. So thank you Mr. Krantz for announcing the Judicial Accountability Initiative Law (J.A.I.L.) effort in South Dakota to people who would not otherwise know about this cause.
 
South Dakotans are eager to hear about the J.A.I.L. Amendment
Ron Branson, Author and Founder of J.A.I.L., and I have just returned from South Dakota after spending time going door to door, meeting a good cross-section of South Dakotans who, for the most part, were eager to hear about and discuss the SDJA Amendment. The South Dakota Judicial Accountability (SDJA) Team represents the South Dakota Chapter of National J.A.I.L. The fact of the lack of accountability of the judiciary to the People is of epidemic proportion throughout America, and South Dakota is just the first step toward correcting that national malfeasance which has had a controlling grip on the American People for more than two centuries since our Founding. The longer it is allowed to continue, the more despotic it becomes until this usurpation of power has now become insufferable by the People and they are compelled to act to abolish such government. That is the mission of this cause, beginning with the SDJA J.A.I.L. Amendment in South Dakota-- the first step in this nationwide effort.
 
The solution must come directly from the People
Mr. Branson has discovered, after attempting for eighteen years to get redress in the courts, both state and federal, at all levels --including fourteen attempts to the U.S. Supreme Court-- and petitioning to every door of the California Legislature, plus the Offices of the California Governor and State Attorney General, all of whom were "helpless" to be able to lift a finger to correct the problem, that the solution would have to come directly from the People.
 
The news media does not, by and large, speak for the People
It is common knowledge and a sad commentary that the news media by and large does not speak for the People-- it is the reporting facility of government. So it is no surprise that the Argus Leader would misrepresent the People's position in this cause and quote someone from the judiciary giving a reactionary, knee-jerk remark having no relation to the truth. Let's examine what the quoted retired judge said:
 
The J.A.I.L. Amendment deals with the individual, not a voting bloc
"People already have the power. They elected the judges, and if they don't like them, they can throw them out," Wuest said. If the judge cared to examine the issue more closely or at all, he would learn that requiring judicial accountability to the People does not involve a voting bloc of people, but any individual seeking redress of grievances in court who has failed to receive a judicial remedy according to law in his individual case. The People of this country (and South Dakota is part of this country) are made up of individuals and are to be respected individually, not as a bloc. Unalienable rights are the property of individual human beings, not of a bloc. The individual is not respected by government, particularly by judges. The SDJA Amendment of J.A.I.L. addresses each individual litigant and each individual judge involved in a given case.
 
People voting for judges are irrelevant to J.A.I.L. and SDJA
With all due respect to judges and to news reporters representing the government's position on this issue of judicial accountability to the People, people voting for judges or any other group of people are irrelevant to this cause. What matters for justice is the individual. That's what distinguishes a Republic from a democracy. The organic Constitution concerns our individual unalienable rights, not the "civil rights" or privileges of any group or of society as a whole.
 
Read and study the source material before reporting on it
If you expect to maintain your "honorable" reputation and integrity, we highly recommend that all members of the judiciary, active or retired, and of government generally, and of the news media, READ AND STUDY THE SOURCE MATERIAL before making comment and reporting irresponsibly on it. Go to http://www.southdakotajudicialaccountability.com/amendment.htm
and READ THE AMENDMENT for the truth of what it proposes. You will find that the Amendment deals with the individual, called "complainant," and that the sole responsibility of the Special Grand Jury, the operative body of the J.A.I.L. process, "shall be limited to determining, on an objective standard, whether any [individual] civil lawsuit against a[n individual] judge, would be frivolous or harassing, or fall within the exclusions of immunity as set forth in paragraph 2...."
 
It's not a matter of "don't like" but is a matter of Law
Then reading paragraph 2, an individual judge would be held to answer before a petit jury "for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of South Dakota or the United States, notwithstanding Common Law, or any other contrary statute."  That clearly shows that it isn't a matter of "don't like" or "disagree with" a ruling, but is a matter of LAW-- we recommend you keep that in mind when reporting on this cause.
 
Read about the self-made doctrine of Judicial Immunity
We also recommend that you go to
and learn for yourselves what the "self-made doctrine of judicial immunity" is. Attorney Gary Zerman will be happy to answer any of your questions on the subject.
 
Judicial accountability to the People is needed in any event
One other thing-- judicial accountability to the People for the violation of law in individual cases is needed regardless of the quality of judicial conduct in any jurisdiction. Whether a state is thought to have little or no judicial corruption does not diminish from the importance of having this measure in place. Mr. Branson has found personally that the sample of population in South Dakota he covered while there, expressed disappointment and even outrage with judicial conduct they have seen or heard about in their state. Although some South Dakotans may not realize the extent of the problem, the majority of them out in the field do understand the great need for this Amendment; and based on our findings, we have no doubt the measure will pass hands down in 2006.
~~~~~~~~~~~~~~~~~~~~~
 
For those of you who have not seen Mr. Kranz' article, it appears below. If any of you have questions, let us know.
 
-Barbie-
ACIC, National J.A.I.L. Admin.
 

Don't like how the court ruled? Sue the judge, group says

http://www.argusleader.com/apps/pbcs.dll/article?AID=/20050828/COLUMNISTS02/508280315/1059/COLUMNISTS

DAVID KRANZ
dkranz@...

Published: 08/28/05

A judge could go to jail for handing down a court ruling in South Dakota that someone disagreed with if an effort is successful to put the Judicial Accountability Initiative Law (J.A.I.L.) on the ballot.

William Stegmeier, a Tea manufacturing company owner, is heading up the effort with support from people around the country.

At the center of their concern is a feeling that judges think they rise above the law in what the initiative's backers call a self-made doctrine of judicial immunity, he says.

So his group of about 30 volunteers,
South Dakotans for Judicial Accountability, is circulating petitions across the state from the Sioux Empire Fair to the Sturgis bike rally.

They need 33,456 signatures by Nov. 7 to be on the ballot, says Kea Warne, state election supervisor.

Stegmeier estimates the group has gathered 10,000 names.

He admits there isn't yet much of a problem with the issue of judicial accountability in
South Dakota.

"We are not known for judicial corruption that I know of. It's not a big problem like it is in states like
California, Mississippi," he said.

But he says that doesn't mean the initiative isn't necessary.

"Some have the argument, 'What kind of problem are you trying to solve?' Maybe you don't have a problem, but you buy homeowner's insurance before you have a problem," Stegmeier said.

He explains the process if the initiative becomes law.

"As an example: You go to court. You are the defendant. You want to enter evidence and help your case, and the judge won't allow it. You appeal the case and lose on the grounds you think the judge acts improperly. The appellate court denies your case, and you file it with a special grand jury," Stegmeier said.

That grand jury, selected from a pool of registered voters through the Secretary of State's Office, would be seated.

"They hear the complaint. They rule whether the judge should enjoy immunity from lawsuits. If they find for you, the next step is to sue the judge. If they deny you, that's it," Stegmeier said.

The grand jury also could consider whether there is probable cause of criminal conduct by the judge.

The objective, say initiative supporters, is to fulfill their responsibility to empower the people to act when they feel they are wronged.

"That is one of the nuttiest things I have ever heard," says George Wuest, a retired Supreme Court justice from Mitchell.

"People already have the power. They elected the judges, and if they don't like them, they can throw them out," Wuest said.

Good idea, says Dr. Allen Unruh, a
Sioux Falls chiropractor who supports the initiative.

"I think judges all over the country are getting out of control. Our forefathers devised a system of checks and balances, but never for judges doing what they are doing, reinterpreting the constitution and undermining the people," he said.

He says judges don't have the power to override the vote of all the people in the country.

"
South Dakota will be the first to challenge Roe vs. Wade, to throw judges in jail if they violate the constitution," he said. "There will be a grand jury if they legislate from the bench."

David Kranz's column appears Sundays, Tuesdays and Thursdays. Write to him at the Argus Leader,
Box 5034, Sioux Falls, SD 57117-5034.


#983 From: <victoryusa@...>
Date: Wed Aug 31, 2005 3:05 am
Subject: * Awaiting Response From Reporter David Kranz *
jail4judges_...
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Awaiting Response From Reporter David Kranz
(By Ron Branson - Author/Founder of National JAIL4Judges.org)
 
Reporter David Kranz seems to resent receiving tons of emails in rebuttal to his article he published in the August 28th Argus Leader against J.A.I.L. He overlooks the fact that it is the cause that is the subject here, not where the criticism may come from. While J.A.I.L. is a nationwide effort of freedom-loving Americans, our current target state is South Dakota. A win for South Dakota is a win for freedom in this country. South Dakota is only the first step toward Liberty.
 
Misrepresentation of truth published in a South Dakota newspaper is still misrepresentation, although such deception be may be exposed from North Dakota. A lie is a lie no matter from whose mouth it comes or where the speaker of the lie may be standing.
 
-Ron Branson
 

 
Hi Ron,
 
I sent Dave Kranz an E-mail and got this response from him. Poor soul.
 

 
----- Original Message -----
Sent: Monday, August 29, 2005 1:24 PM
Subject: Fwd: RE: JAIL

From: Denis Kellogg
Sent: Monday, August 29, 2005 11:33 AM
To: Kranz, Dave
Subject: JAIL
 
Hi David Kranz,
 
Why don't you just tell Ron Branson that you sympathize with his cause but, you would lose your job if you told the truth about J.A.I.L.?  He would respect that.
 
Everyone knows we don't have a free press in this country any more than we have an incorruptible judiciary.
 
God be with you,
 
Denis
deniskellogg@...
 


"Kranz, Dave" <DKRANZ@...> wrote:
Subject: RE: JAIL
Date: Mon, 29 Aug 2005 15:34:32 -0400
From: "Kranz, Dave" <DKRANZ@...>
To: "Denis Kellogg" <deniskellogg@...>

This was a story about something happening in South Dakota, nowhere else.


Ron's Response To Argus Leader Reporter David Kranz:
 
So David, how to you propose to defend your published deception to a South Dakotan who writes and criticizes your article? I am curious. Some of your critics do live in South Dakota, you know.
 
I think you are only sinking yourself deeper into the quicksand, rather than trying to extricate yourself. Inquiring minds wanna know. The world is waiting to hear from ya, David. Your reputation as a reporter is on the line. The Argus Leader's reputation is on the line.
 
-Ron
Author/Founder of SDJA/J.A.I.L.
www.jail4judges.org (On 5,000 websites world-wide)
 
 

#984 From: <victoryusa@...>
Date: Thu Sep 1, 2005 5:53 am
Subject: * Needed: Straight-Forward Reporting *
jail4judges_...
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J.A.I.L. News Journal
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Needed:
Straight-Forward Reporting
(By Ron Loeber - New York)

Dear Mr. Kranz: (dkranz@...)
Columist for the Argus Leader Newspaper,
Sioux Falls, South Dakota
 
Without going into my personal motivations at this point in time, but as a firm supporter of J.A.I.L., I am delighted to see your newspaper taking an interest in J.A.I.L.  But I am less than delighted with the misinformation contained in your headline and news story.  If J.A.I.L. were to be passed today, no Judge could ever "...go to jail for handing down a court ruling in South Dakota that someone disagreed with...."  Allow me to explain.
 
The office of judge should be the most respected and esteemed position in our society - far above that of governors, presidents, emperors and kings.  There is a legitimate place in our society for judicial immunity.  If you take the time to read and analyze J.A.I.L., and think about it, J.A.I.L. recognizes and reinforces legitimate use of judicial immunity against "frivolous or harrassing" lawsuits, (see ¶3).  If J.A.I.L. were passed tomorrow in South Dakota, no judge could ever be imprisoned just because someone disagreed with a judge's decision.
 
Judges, just like you and me, are mere humans capable of innocent error.  That is why the appeals process exists.  J.A.I.L. does not change that process.  As a legal document, J.A.I.L. specifically and deliberately addresses "willful" violations of law.  Before anyone can bring a case against a judge to the Special Grand Jury for willful violations of law, he must first exhaust his legal remedy within the existing judicial system.
 
You wrote "At the center of their concern is a feeling that judges think they rise above the law in what the initiative's backers call a self-made doctrine of judicial immunity".  It isn't a "feeling."  It is a fact.  When Congress passed 42 USC 1983 which says "every person," it did not exempt judges from its mandate.  And there is no legislative history of any discussions of immunity for judges.  But try to sue a judge.  Better still, try to find a suit against a judge that wasn't dismissed by their black-robed brethren on the basis of judicial immunity.
 
Can you think of any reason why a man or woman, just because he or she is a judge, should be above the law?  Can you think of any reason why anyone should not be accountable for willful and/or malicious acts in office?
 
If you take the time to look at judicial conduct in your state, I'll bet you a cup of coffee it isn't a lot different than it is here in New York.  Start with your friends and neighbors.  Ask them the following question:  "Have you ever been in court, any court, for any reason, and when it was all over and you were alone in the parking lot... did you have the feeling... deep deep down inside... that something... just.... wasn't..... right?"  If you ask them slowly around here, nine times out of ten, they will finish the sentence for you.  That might be an interesting question for your Opinion Poll.
 
Every town and village judge in my state is required to attend a judicial training program every year.  In 2002 that training program included a section on judicial immunity.  Why does the state need to train judges on how to be immune?  Does that make any sense to you? 
 
We are talking about serious stuff.  As an example, in my state, the so-called law provides the authority for Child Protective Services to seize a child from its parents upon an allegation of child abuse.  The parents then have one year to disprove the allegation.  If they fail to do so within one year, the state may then put the child up for adoption.  How does one prove a negative?  To make matters worse, the Social Services Department is funded, in part, based upon how many children they seize. Seizing children is a profitable business. Does that make any sense at all to you? 
 
Let's go to something of even a more everyday occurrence.  Have you ever been in traffic court?  Who was the damaged party?  In my state, the state keeps all sorts of statistical records on the subject.  It's gotten so crazy that traffic tickets have become a significant part of "tax planning".  Look up Colonie, NY on your map.  It's not very big.  But one of its part-time judges was bragging to me that they had built Colonie into the fourth largest municipality in the state based upon the amount of cases processed each year, i.e., revenue flow.  It's almost a statewide contest with bragging rights.  Recently one of those part-time judges was disbarred for "conversion" of his clients' money.  He can no longer practice law because he is a crook.  Yet the law has no provision for his removal as a judge.   Does that make any sense to you? 
 
Two years ago I attended the dedication ceremony of the new wing at the Albany Law School.  I listened to Richard Wesley, Associate Justice of Court of Appeals (the highest court in New York) speak for an hour on the responsibility of the court to make new law consistent with current social and economic policy so that everyone may know which rights the court will recognize and protect.  Yes, you read it right.  Last year Justice Wesley was appointed by President Bush to the federal 2nd Circuit Court of Appeals.  Who knows where he will go from there?  Perhaps the Supreme Court?  I suggest you investigate his amazing ascendancy to power.
 
I'm confident you are familiar with the recent US Supreme Court Decision in Kelo v New London.  In that case another eastern judge just like Richard Wesley - David Souter from New Hampshire - authored the majority opinion.  Sandra Day O'Connor resigned from the Court a short time after authoring the minority dissent in which she said there is now "[n]othing to prevent the State from replacing...any farm with a factory."  The majority opinion in Kelo is nothing more than an expression of the "social and economic policy" of which Justice Wesley spoke.  Does any of that fulfill any degree of common sense to you?
 
In the economy as it exists today, every municipality is feeling the pinch.  And it's going to get worse.  Why should any municipality, under the mask of economic development, be allowed to take your homes or your farms and give it to a private developer just because they think it will increase their coffers? 
 
I don't know the judiciary in South Dakota as intimately as I know the judiciary in New York.  But I'm trying to learn.  If the people like Bill Stegmeier, who are putting a great deal of effort into gathering signatures to get J.A.I.L. on the ballot, are successful in their efforts, I hope to be able to come to your state and speak personally with you and people like you.  We are going to need straight-forward reporting of the facts by the media.  We are going to need the media to stimulate an honest public dialog among the people so they may exercise their suffrage with wisdom.
 
If we are going to maintain a government of the People, by the People, and for the People, instead of by and for the corporations, the People of South Dakota, if for no other reason, should pass J.A.I.L. for their own protection against being overrun and their destiny controlled by socialist judges of which I speak.
 
Ron Loeber


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 

#985 From: <victoryusa@...>
Date: Sat Sep 10, 2005 4:21 am
Subject: * * J.A.I.L. Escapes From The Asylum * *
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A Progressive on the Prairie
sdfoad@yahoo.com
June 30, 2005
 
JAIL Escapes From The Asylum
Via the observant eye of SD War College comes word of an effort to JAIL the South Dakota judiciary. JAIL is the acronym of the Judicial Accountability Initiative Law, for which a petition (PDF format) is being circulated to place on the 2006 election ballot. All I can say is it looks a lot like the inmates trying to take over the asylum.

The proposal would add a 24-part section to the South Dakota Constitution. Basically, it would create a 13-member "Special Grand Jury" to hear complaints against judges. Naturally, "elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel" are disqualified from serving on the grand jury. Additionally, "[a]ll allegations in the complaint shall be liberally construed in favor of the complainant" and the members of the grand jury "are not to be swayed by artful presentation by the judge."

The grand jury can sanction judges or indict them. If a judge gets "three strikes" civilly, they are removed permanently from office and get half their retirement benefits. If a judge is indicted, the grand jury would appoint 12 "special trial jurors" and "a non-governmental special prosecutor and a judge with no more than four years on the bench" to try the case. If convicted, the jury would impose sentence on the judge. Of course, no judge brought before the "Special Grand Jury" or indicted by it can be defended at public expense or by any elected or appointed public counsel or reimbursed from public funds for any losses sustained in defending themselves. And since the judges are the source of the need for this entity, the grand jury is to be funded by a mandatory 1.9 percent deduction from all judicial salaries.

Finally, to make sure the proposed amendment doesn't have to worry about the rest of the Constitution, it provides that no judge who would be subject to the "Special Grand Jury" (i.e., every judge in the state) has jurisdiction to hear a challenge to JAIL and any such "pretended adjudication shall be null and void for all purposes" and provide a basis to file a complaint against that judge.

According to the sponsoring organization, the initiative is a grassroots campaign "designed to end the rampant and pervasive judicial corruption in the legal system of the United States," which will occur only if the judiciary is made "answerable and accountable to an entity other than itself. The individual circulating the petition, who calls himself the "South Dakota JAILer-In-Chief," appears to be having a skirmish with the Legislative Research Council over the language and form of the measure.

But if the special grand jury is going to be acting as a judge, why isn't it subject to JAIL? And won't it be interesting to look at the names of the people who sign the petition if and when it ultimately gets filed with the Secretary of State?

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic.   H.L. Mencken
 
Respond to sdfoad@yahoo.com re: comments on this article.


Rebuttal From J.A.I.L. Author Ron Branson Re:  "J.A.I.L. Escapes From The Asylum"

The above "A Progressive on the Prairie" attributes its credit to the "South Dakota War College" as their springboard for writing "J.A.I.L. Escapes From The Asylum." I am unsure as to what points made therein are supported by the South Dakota War College, or whether "A Progressive on the Prairie" merely took the acknowledged fact of the effort of the www.SouthDakotaJudicialAccountability.com, and decided to deride it. One thing for sure is that "A Progressive on the Prairie" proudly boasts its points made therein.

I have unsuccessfully searched the South Dakota War College website for the origin of this article and have found nothing. Perhaps this is oversight on my part, but all I could come up with was a list of current active Initiatives taking place in South Dakota found at: http://dakotawarcollege.blogspot.com/2005_06_26_dakotawarcollege_archive.html 

The S.D. War College informs their readers that there exists an "Initiated Constitutional Amendment to add a new section titled Judicial Accountability Initiative Law (J.A.I.L.). View full text of petition." This is hardly an expose of South Dakota Judicial Accountability. So, until I know better, I shall place the full responsibility on "A Progressive on the Prairie" (hereinafter "Progressive) for the article I now critique.

It is oft said that we should give credit where credit is due. It is in that spirit I commend Progressive for having actually read the Initiative before taking up their pen to denigrate it. Such is unlike so many others who have failed to do.

Progressive quotes prolifically from the Initiative so as to inform the reader of the true nature of what South Dakota J.A.I.L. is all about that  it will actually win converts to J.A.I.L. rather than drive people away. Our differences seem to ride upon what we each believe how the populace will take to what J.A.I.L. actually says. I have oft said, "If you are going to critique J.A.I.L., attack it for what it says, not for what you wished it would have said." For the most part, Progressive has chosen to attack J.A.I.L. honestly.

The criticism raised by Progressive is, "But if the special grand jury is going to be acting as a judge, why isn't it subject to JAIL? And won't it be interesting to look at the names of the people who sign the petition if and when it ultimately gets filed with the Secretary of State?"

Progressive fails to understand the differences in position and function between that of a Grand Jury and a judge. Judges have jurisdiction to try and to adjudicate cases on the merits when the cases are properly before them, and particularly so where there are no jurors involved. Judges are either elected by the populace or appointed by the governor. Judges may seek re-election, and judges generally are not forbidden from pursuing continuance on the bench. Further, judges may anticipate a retirement.

None of the above is true with the Special Grand Jury. They have no jurisdiction to try a case on its merits, or to second-guess the exercise of a judge's discretion. They are neither elected or appointed. They cannot  seek continuance as a SGJ, and they will never receive a retirement for serving as a SGJ.

There is one another gigantic and outstanding difference between a judge and the SGJ. A judge is a public servant that serves the People in  the third branch of government. He must swear by an Oath of Office to uphold and defend the Constitution to which he is accountable.

The Grand Jury does not belong to any of the three branches of government. Grand Jurors are not public servants, they ARE in fact the People! They do not take an Oath of Office, for they hold no government office. 

God created the People, the People created the Constitution, the Constitution created the three branches of government, and all three of those three branches of government "derives it just powers from the consent of the governed [the People], that whenever any form of government becomes destructive of those ends, it is the right of the People to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."  ~ The Declaration of Independence.

As to the quote from H. L. Mencken, to wit;  "The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic."   It is obvious that Progressive's problem is not with the South Dakota Judicial Accountability Initiative, but with the founding document that established our country, namely the Declaration of Independence. The above quote asserts that all of our Founding Fathers were idiots, and that he disagrees with the American form of government they established by our Constitution. 

Further, by Progressive relying upon such a ridiculous quote, shows they do not believe in our American form of a government of the People, but rather advocates a government of the government - the People be damned! What a shame!

-Ron Branson
Author/Founder of J.A.I.L.
 


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

#986 From: <victoryusa@...>
Date: Sat Sep 10, 2005 12:43 am
Subject: War Against Federal Tyranny
jail4judges_...
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(By Jim Paulson - jpys@...)
Addressed to Ohioans
 
Saturday, August 20, 2005, 02:26 PM
 
If there EVER was a reason to push for and pass J.A.I.L. www.jail4judges.org in your state, it is precisely what you have covered in your articles! The fight is on to get J.A.I.L. passed in South Dakota as we speak! www.SouthDakotaJudicialAccountability.com.
 
Granted, most folks don't live there, but it has to start somewhere, and there is a large following for it already. I predict that when it passes in South Dakota and people figure out what it does and how it works, there will be a large contingent of "me too"s in virtually all other states as news of J.A.I.L. it makes its way across America.
 
Any help, prayers and donations are accepted! Please support us in this history making, liberty preserving legislation! We MUST make this happen to get a handle on our judiciary - FIRST, America!
 
Ohio, you are in GREAT need for this type of legislation! Your Ohio JAILer-in-Chief is Brett Kraft (benkramer1@...). We will help you too! God Bless.
 
Jim Paulson
Minnesota JAILer

#987 From: <victoryusa@...>
Date: Mon Sep 12, 2005 4:01 am
Subject: * * * The Penalty of Leadership! * * *
jail4judges_...
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J.A.I.L. News Journal
____________________________________________________
Los Angeles, California                                            January 30, 2002
Republished 9/11/05
 
While doing a search on other matters, I happened to come across this old J.A.I.L. News Journal we sent out over three years ago, which was found posted on another website. I thought its message was worth republishing.      - Ron Branson
~ ~ ~ ~ ~ ~ ~ ~
 
"Every truth goes through three stages before it is recognized. In the first, it is ridiculed. In the second, it is opposed. In the third it is regarded as self evident."                  --   Arthur Schopenhauer
 
"Nothing is easier to defend than truth, yet nothing is more difficult to propagate!"                                                -- Bastiatlaw@...
 
All good endeavors start with an idea. Ideas develop into goals, and goals develop into realities.                --Ron Branson, July, 2000
 
 
The Penalty of Leadership!

"In every field of human endeavor, he that is first must perpetually live in the white light of publicity. Whether the leadership be vested in a man or in a manufactured product, emulation and envy are ever at work. In art, in literature, in music, in industry, the reward and the punishment are always the same.
 
The reward is widespread recognition; the punishment, fierce denial and detraction. When a man's work becomes a standard for the whole world, it also becomes a target for the shafts of the envious few. If his work be mediocre, he will be left severely alone - if he achieves a masterpiece, it will set a million tongues a -wagging.
 
Jealousy does not protrude its forked tongue at the artist who produces a commonplace painting. Whatsoever you write, or paint, or play, or sing, or build, no one will strive to surpass or to slander you unless your work be stamped with the seal of genius. Long, long after a great work or a good work has been done, those who are disappointed or envious, continue to cry out that it cannot be done.
 
Spiteful little voices in the domain of art were raised against our own Whistler as a mountback, long after the big would had acclaimed him its greatest artistic genius. Multitudes flocked to Bayreuth to worship at the musical shrine of Wagner, while the little group of those whom he had dethroned and displaced argued angrily that he was no musician at all. The little world continued to protest that Fulton could never build a steamboat, while the big world flocked to the river banks to see his boat steam by.
 
The leader is assailed because he is a leader, and the effort to equal him is merely added proof of that leadership. Failing to equal or to excel, the follower seeks to depreciate and to destroy - but only confirms once more the superiority of that which he strives to supplant.
 
There is nothing new in this. It is as old as the world and as old as human passions - envy, fear, greed, ambition, and the desire to surpass. And it all avails nothing. If the leader truly leads, he remains - the leader. Master-poet, master-painter, master-workman, each in his turn is assailed, and each holds his laurels through the ages.
 
That which is good or great makes itself known, no matter how loud the clamor of denial. That which deserves to live--lives..."


This text appeared as an advertisement in the Saturday Evening Post,
January 2, 1915 by Theodore MacManus. Copyright Cadillac Motor Car Division.
 
J.A.I.L. shall one day steer politics and tower over the greatest! 
 
 
"Give Me Your Substance, &
I Will Give You America!"
       -Ron Branson
 

Around September 1st, a week and a half ago, I did a Google search on "jail4judges," and it came up with 4,970 websites pointing to www.jail4judges.org. One week later, this Thursday, September 8th, I was visiting a friend and encouraged them to do the same Google search, expecting to see the same response I got of 5,000 websites, and to my surprise, that number had quickly grown to 17,700 website pointers.
 
In the morning (Friday) I called Bill Stegmeier in charge of www.SouthDakotaJudicialAccountability.com to share with him this amazing finding, and he then looked at that number, which had already gained 200 more websites overnight. It looks as though we are well on our way toward seeing a six-figure mile-stone of websites from around the world pointing to "jail4judges." What a blossoming of a tremendous blessing we are witnessing for J.A.I.L.

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#988 From: <victoryusa@...>
Date: Tue Sep 13, 2005 9:08 pm
Subject: *Clarification About The Special Grand Jury*
jail4judges_...
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J.A.I.L. News Journal
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Los Angeles, California                                    September 13, 2005
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Clarification About
The Special Grand Jury
Below is my response to one of our readers which will be helpful for everyone in understanding the composition and role of the Special Grand Jury in the J.A.I.L. process. If any of you have further questions or comments, let us know. Please do not compare the J.A.I.L. process to any governmental operation.  -Barbie
 
Mr. Gauger:
 
Your first sentence states: The SGJ members have been and no doubt will be and are untrustworthy due to pressures, buy outs, threats, etc.
 
Let me ask you, did you read the J.A.I.L. Initiative before making that statement?  The reason I ask is because your statement regarding the SGJ and comparing it with a trial jury in the system, when he got a jury trial, the ignorant, brainwashed, pressured sheeple of the jury found him guilty of phony made up charges has nothing to do with facts. The Special Grand Jury of J.A.I.L. cannot be remotely compared to any jury in the current system.
 
Here's what the initiative states about the SGJ. (I'll quote from the South Dakota J.A.I.L. Initiative, since that's the one currently active in preparing to qualify for the 2006 ballot):
3. Special Grand Jury. For the purpose of returning power to the People, there is hereby created within this State a thirteen-member Special Grand Jury with statewide jurisdiction having power to judge both law and fact. This body shall exist independent of statutes governing county Grand Juries. Their responsibility shall be limited to determining, on an objective standard, whether any civil lawsuit against a judge would be frivolous or harassing, or fall within the exclusion of immunity as set forth in paragraph 2, and whether there is probable cause of criminal conduct by the judge complained against.
 
Since it refers to paragraph 2, I'll quote that paragraph as well:
2. Immunity. No immunity shall extend to any judge of this State for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of South Dakota or the United States, notwithstanding Common Law, or any other contrary statute.
 
The first thing to note about the SGJ is that it isn't a trial jury-- J.A.I.L. doesn't try anyone. Its function is limited to determining whether a judge is entitled to immunity or should be subject to a jury trial for alleged violation(s) of law, like any other defendant. Also, the SGJ may determine whether there is probable cause of criminal conduct by a judge complained of. In neither event does the SGJ determine guilt or innocence.
 
In determining whether or not immunity would apply to a judge, the SGJ is guided by paragraph 2 which describes the particular violations for which the judge may be held accountable at a subsequent trial should the complainant thereafter elect to sue the particular judge as a separate case not involving the J.A.I.L. process. Of course, any judge involved in any such subsequent trial that violates the law described in paragraph 2 may likewise be subject to scrutiny by the SGJ if a complaint is filed therefor.
 
It is important to note that the SGJ "shall exist independent of statutes governing county Grand Juries." (¶3). The Special Grand Jury shall be truly autonomous and independent of government control. The same cannot be said of any jury, grand or petit, operating in the system. Those juries, controlled by government, are indeed subject to corruption, as you mention below. Please also note that "[t]hose not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel,...." (¶12).
 
Regarding your further comments:  two constitutions, corporate U.S., bankruptcy, etc., I stated before (see below), and I repeat:
Judges can make these arguments when they come before the Special Grand Jury and the SGJ can determine whether it will fly. The Constitution is the Supreme Law of the Land, and J.A.I.L. will resurrect it. Judges take an oath to uphold the Constitution-- not the UCC code.
 
Now is not the time to make those arguments. When J.A.I.L. becomes functional, all judicial defense arguments will be thoroughly examined by the SGJ and any research staff they retain to determine their legitimacy, lawfulness and authority. Fraud, deception, and conspiracy will not be acceptable.
 
I encourage you, and everyone, to re-read the JNJ "To Enforce the Constitution" dated October 23, 2004, regarding the basis on which J.A.I.L. will operate. If you would like us to send you a copy, let us know. 
 
In closing, I say this: Even if the judicial system worked perfectly and the Special Grand Jury never had to act because no complaints were filed against a judge (quite a hypothetical), the People still need J.A.I.L. in place to ensure that we maintain our Constitutional Republic. The People have too much at stake to not have that assurance. We're not given that assurance by any commissions on judicial conduct or any other governmental agency.
 
-Barbie-
ACIC, National J.A.I.L. Admin.
 

 
----- Original Message -----
Sent: Monday, September 05, 2005 8:26 PM
Subject: Re: "Mr. Judge, Take Down Those Portraits!"

Barbie - The SGJ members have been and no doubt will be and are untrustworthy due to pressures, buy outs, threats, etc. Dave Hinckson in Idaho had law suits going against the Dist. att. and a Judge. The swat team broke into his home in middle of the night, hand cuffed him, had him sit outside in the winter in the cold and broke up the place even though he offered them keys, etc. He was held in county jail without being charged for over a year. Guess what? I understand that when he got a jury trial, the ignorant, brainwashed, pressured sheeple of the jury found him guilty of phony made up charges and he was expert on the CON-situation and law. Do you understand that the U.S.A. is a private CORPORATION AND IS BANKRUPT! The judges took an "oath" to observe the Constitution, but which Constitution? Do you assume that they mean the Constitution that supposedly this country is founded upon, or that their "oath" may be to the private bankrupt USA CORPORATION  CON-situation?   Did you ever check this out? Why not check this out with Big Al who is one of the premiere Christian researchers in the nation. We are unable to learn anything about Dave Hinckson, where he is, how he is, etc. Do you have any info on him? gatr
----- Original Message -----
Sent: Friday, September 02, 2005 10:36 PM
Subject: Re: "Mr. Judge, Take Down Those Portraits!"

Judges can make these arguments when they come before the Special Grand Jury and the SGJ can determine whether it will fly. The Constitution is the Supreme Law of the Land, and J.A.I.L. will resurrect it. Judges take an oath to uphold the Constitution-- not the UCC code.
 
-Barbie
 

----- Original Message -----
Sent: Tuesday, August 30, 2005 12:52 PM
Subject: Re: "Mr. Judge, Take Down Those Portraits!"

Ron - The CON-situation is a dead horse. The current Law is the Uniform Commercial Code, (U.C.C.) the old law of merchants, the governments, both state and federal are "Corporations" that are BANKRUPT! These "Corporations" are DEBTORS to the CREDITORS who  control the activities of these "Government" entities and the flesh and blood people employed by these "entities" that carry on the functions. If not already connected suggest you get on the address book of American Patriot researcher bigal123@... and visa versa. gatr

 
 
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JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
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"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

#989 From: <victoryusa@...>
Date: Sat Sep 17, 2005 10:54 pm
Subject: Today Is Constitution Day (Sept. 17)
jail4judges_...
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J.A.I.L. News Journal
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Today Is Constitution Day
(September 17)
 
 
The Constitutional Convention of 1787 lasted nearly four months, fraught with debates, discussions, and compromise. From May 25, 1787 until the signing of the final draft on September 17, 1787, every issue was on the table, every word was scrutinized.
 
The United States Senate has placed the following on their website, www.Senate.gov, "The United States celebrates Constitution Day on the 17th of September. On that day in 1787, thirty-nine delegates to the Constitutional Convention in Philadelphia signed the Constitution of the United States. Among the important consequences of that action was the creation of the United States Senate. This would not have been possible without the Great Compromise reached one month earlier, which established the basis of representation in the Senate and House of Representatives, ending a dispute between the large and small states. New Hampshire adopted the Constitution on June 21, 1788, becoming the necessary ninth state to ensure the document's ratification. The following September, the Pennsylvania legislature elected William Maclay and Robert Morris, the first United States senators chosen under the new Constitution. In 2004, Senator Robert C. Byrd introduced and the Senate passed legislation to establish a yearly celebration of 'Constitution Day.' " 
 
The following is written by Dorothy Robbins, der1776@..., who serves in California J.A.I.L. as an Associate JAILer-In-Chief, (AJIC).
 
SEPTEMBER 17, 1787

Two hundred years ago today
Our Founding Fathers paved the way
For government by "We the people. "
Today we celebrate the signing
Of the document combining
Self-government and government by principle.
To Franklin, to Hamilton and to Washington,
To the Pinckneys, to Morris and to Madison
we owe a debt of gratitude--
Yes, and to those who pledged their lives,
their fortunes, and their sacred honor--
To Hancock, Rodney, Sherman, Witherspoon and more,
who paid those vows with faith and fortitude.
Hail to the Constitution of the U.S.A.
And to the God whose law we must obey
And thus ensure our union's preservation;
Hail to the men of sterling character
Past, present, future--you who are standing here--
Pledged to Liberty's perpetuation.
Let us pray :
To God who brought us safe thus far:
Keep safe the red, blue, white, the stripe, the star;
Keep safe our Constitution--word and phrase;
Keep safe our liberty, our conscience, right to praise;
Keep true good men whose labors shall not fail
To keep intact our Constitution--and prevail!
To thee, our Constitution Maker, Keeper, praise!
To thee, our Guardian God, our thanks we raise!

PLEDGE TO THE CONSTITUTION

I PLEDGE ALLEGIANCE
TO THE CONSTITUTION OF
THE UNITED STATES OF AMERICA:
WHOSE form and spirit are derived from the Holy Scriptures
in order to guarantee those God-given rights enumerated in
the Bill of Rights, and thereby to secure to me and to my posterity
LIFE, LIBERTY, and PROPERTY
AND, in the pursuit of these ends so limits the 
functions of civil government as that these rights
cannot be abrogated by unprincipled men.
I WILL EVER UPHOLD AND DEFEND it
against all who would seek to undermine, subvert, or destroy it,
AND, to this end, as a sacred trust from those
who first uttered these words,
I PLEDGE MY LIFE, MY FORTUNE AND MY SACRED HONOR,
trusting in that same Divine Providence
in whom our fore-fathers put their reliance.
Amen.
by Dorothy Robbins©'93




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Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
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To be added or removed, write to VictoryUSA@...
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"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 

#990 From: <victoryusa@...>
Date: Sun Sep 18, 2005 1:12 am
Subject: *** "Freedom" can't be administered by those who've declared "Absolute Immunity" ***
jail4judges_...
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"Freedom" can't be administered by
those
who've declared "Absolute  Immunity"
By Bob Striffler, Florida JAILer
I've lived and traveled in plenty of other nations
including third world and experienced freedom like I used to
here in America! Believe me when I say there is far
less government intrusion into people's lives in almost
every other country I've ever been to!
Other countries are looking at America
with their mouths wide open because of this.

--Bob Striffler
 
RE: Comments on your article to JAIL 4 JUDGES

To respond

You are clearly one of many who just don't see a problem with our courts today. Out of the folks I've had the pleasure of corresponding or talking with that have like mind with you, I've found you are folks
who've not experienced what others have and are absolutely appalled about.
 
People are not outraged to the extent they are because nothing has happened to them. People are not outraged because they're all liars about their situations. This is far too widespread. There is a mountain of allegations, evidence, documentation, shocking news articles, video
taped accounts and documentaries showing absolute abuse with no accountability whatsoever! Other countries are looking at America with their mouths wide open because of this.

What's become of our judiciary is malignancy! The courts have, for a long time, been interpreting things into cases that are not even written into the legislation that becomes law! Apparently it's hard for those like yourself to grasp this, what others have had forced upon them, because it hasn't happened to you. Apparently that is what makes it not real for you. Also, as I would expect, you may respond with, "it's not a perfect system but it's better than anywhere else."

Well you're wrong on two counts. First, if followed, what was blueprinted in our Constitution, Bill of Rights and the first 150 years of high court and Supreme court rulings, it would be a perfect system.
Since then even the Supreme court has begun committing treasonous acts!  Now the reason I know this is because of my appalling experiences and those of people I've known; I've dedicated much of my life to studying this degradation! You and others like minded
haven't. I'd put my money on it. Second, I've lived and traveled in plenty of other nations including third world and experienced freedom like I used to here in America! Believe me when I say there is far less government intrusion into people's lives in almost every other country I've ever been to!

Judges have declared through case law all the way to the Supreme Court, "Absolute Immunity" for Judges and Prosecutors. They've declared "Qualified Immunity" for virtually all other public servants as well! And in following the cases involving the conduct of, or laws
broken by, Judges, Prosecutors, Police, Code Enforcement, Dept. of Children and Families, etc... they are almost invariably found innocent or charges are deferred.

I can even explain to you how this all transpires and is being enacted. It's being done by illegal Judicial instructions, powers assumed by Attorneys General and US Attorneys, (state and federal) non-motivated or outright hamstrung constitutional, civil and criminal defense attorneys, total lack of Congressional or Senate oversight, absolute self-regulation and a media that has no problem showing OJ, Kobe, Michael or the Runaway Bride crimes like beating a dead horse, but seems so obviously reluctant to give any meaningful coverage of even the most grievous offenses committed by these public servants. These protectors of our "freedoms" do nothing more than hide behind elegant rhetoric and well-dressed mannerisms, all the while lying to your face!

There are organizations with databases chock full of an astonishing amount of proof that this is so widespread and downright oppressive. If you can't even understand that "FREEDOM" can't be administered by those who've declared "ABSOLUTE IMMUNITY AND SELF
REGULATION," then you are clearly beyond absorbing input of any kind that would enlighten you.

If by any chance I'm wrong and you do want enlightenment, then I'd be happy to conduct further correspondence in which I would send you shocking tale after tale of an abomination of judicial abuse; and I would even supply avenues where you could verify these tales on your own. Then hopefully your eyes would be opened. Until then I can only hope your experiences would resemble a saying I heard regarding the Nazi takeover. (I won't get this right but close enough.) 
        When they came for my neighbors, I worried not.
        When they came for my friends, I said, "Not me?"
        Then they came for me!

There is a story in the Bible about the unrighteous judge and the widow. Here's a quote that says it all:
        "The judge neither regarded man nor feared God" 
 
Yours truly,
Bob Striffler


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash
, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at
http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 
 

 

#991 From: <victoryusa@...>
Date: Mon Sep 19, 2005 4:31 am
Subject: * What J.A.I.L. Would Accomplish Re: The Right to Petition *
jail4judges_...
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What J.A.I.L. Would Accomplish
Re: The Right to Petition
An analysis by Barbie, victoryusa@...
(Edited by Ron Branson)
It should be noted that J.A.I.L. takes no position re: tax laws.
 
As some of you may already know, on August 31, 2005, the WTP ("We The People") federal lawsuit on the Right to Petition Congress for Redress of Grievances was dismissed by U.S. District Judge Emmet G. Sullivan, District of Columbia. It is on this subject I offer my thoughts  regarding this particular case. This attack upon the First Amendment is yet another Wake Up Call to the People that we must act NOW-- and what better opportunity than to get behind the South Dakota J.A.I.L. effort currently in progress? If you haven't been convinced before, doesn't this tyrannical decision convince you that we must implement the SOLUTION? NOW?  Get J.A.I.L. qualified for the 2006 ballot in South Dakota for the sake of all American People! www.SouthDakotaJudicialAccountability.com or call SDJA at (605) 231-1418.
 
We recently published a J.A.I.L. News Journal (9/13/05) on The Special Grand Jury (SGJ). It's important that everyone read the J.A.I.L. Initiative and understand what it says. For purposes of this report, I'm referring to the South Dakota initiative, since that's one we're actively pursuing now.
 
The SGJ is the operative body in the J.A.I.L. process. It is described in ¶3. A complaint is filed, the defendant-judge may file his answer stating his defense, and the complainant may file a reply to the answer. The SGJ examines both the complaint, the judge's answer, and the reply thereto. Their examination is to be based on common sense and does not require a Master's Degree in Government or Law to figure out. In fact, a formal education by government schools may be detrimental because of the brainwashing and propaganda that is taught, especially in law schools. (e.g., "The law is not what the law says, but what the judge says the law says.")
 
The foundation of J.A.I.L. is based on the most common denominator of mankind, i.e., the Laws of Nature explained below. A good background for understanding this analysis is the JNJ dated 10/23/04 titled "To Enforce The Constitution."
 
Summary of Basic Principles:
--Absolute (uncontrolled) power in man = tyranny (unnatural law).
 
--Tyranny = force against the Laws of Nature. 
 
--To prevent tyranny, by Nature there must be an intermediate authority between government and the governed. (a charter/constitution)
 
--By Nature, man must first create that intermediate authority which prescribes the powers and limitations of government.
 
--The only document that meets that function as "intermediate body" (or intermediate authority) between the governed and the governors in this country is the organic Constitution of 1787.
 
Discussion of Above Principles
 
Begin with Laws of Nature: Existence; Reality (that's all there is)
 
A Critique of the Declaration of Independence- by Paul Wakfer.  
"Laws of Nature" being entirely sufficient since nature - reality - is all that exists.  [T]hey meant that all men have equal "rights"...  They are unalienable specifically because they are a necessary consequence of the reality of the nature of human beings - i.e. a part of existence. They are essential and logically unalienable because their not being true would be contradictory to the immutable structure of reality. Nor, being true of reality, can valid rights ever be removed. All that can be done is to "break" them - i.e. to not allow them to take their natural course and to be fulfilled. [Tyrannical rule is unnatural law]. Many people take "life" to include property and logically this has merit. [The pursuit of happiness] is logically derivable from the rights of Life, Liberty and Property. [Happiness] can rightly only be made by the individual himself under the circumstances of full freedom of life, liberty and property. [Unalienable rights do not come from government, but exist apart from government].
 
For self-preservation, man must first form a charter for government and thereafter delegate men --the government-- to execute that charter. By nature, man is the creator of government by charter. [Our Constitutional Republic is created by the People (or on their behalf) as a matter of nature.]
And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. ... First, they had a king, and then a form of government; whereas, the articles or charter of government, should be formed first, and men delegated to execute them afterwards... [men existed before kings and would thus be the creator of government, by nature]  
Common Sense by Thomas Paine (1776) http://www.constitution.org/tp/comsense.htm 
 
But as there is a peculiar delicacy, from whom, or in what manner, this business must first arise, and as it seems most agreeable and consistent, that it should come from some intermediate body between the governed and the governors, that is between the Congress and the people. ... [T]hat a charter is to be understood as a bond of solemn obligation [between the governed and the governors], which the whole enters into, to support the right of every separate part, whether of religion, personal freedom, or property... The members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being empowered by the people will have a truly legal authority.  ...  A government of our own is our natural right: [emphasis added]  Thomas Paine, Id.
 
The organic Constitution (1787) is the natural stabilizing force --the "glue"-- that holds the People and Government together. If the Constitution-- the intermediate authority between the People and Government-- is not respected by both bodies, then Government ceases to exist causing the People to be left with anarchy. Anarchy isn't caused by the People's disobedience to court orders; it is caused by the court's disobedience to the Constitution. J.A.I.L. will prevent anarchy.
This is demonstratively to reduce all to anarchy, and so effectually to dissolve the government: for laws not being made for themselves, but to be, by their execution, the bonds of the society, to keep every part of the body politic in its due place and function; when that totally ceases, the government visibly ceases, and the people become a confused multitude, without order or connexion. Where there is no longer the administration of justice, for the securing of men's rights, nor any remaining power within the community to direct the force, [this is the need that J.A.I.L. will fulfill] or provide for the necessities of the public, there certainly is no government left. Where the laws cannot be executed, it is all one as if there were no laws; and a government without laws is, I suppose, a mystery in politics, unconceivable to human capacity, and inconsistent with human society. Of the Dissolution of Government by John Locke 
 
Analyzing Plaintiffs' Position
 
Plaintiffs of the WTP lawsuit relies upon the First Amendment, Right to Petition Government for Redress of Grievances.
 
--Redress = The act of receiving satisfaction for an injury sustained.
(Vol. 3 Bouvier's Law Dictionary, Third Rev. 8th Ed.)
 
--Grievance = An injury, injustice or wrong which gives ground for complaint because it is unjust and oppressive.
(Black's Law Dictionary, Rev. 4th Ed.)
 
--Remedy = The means employed to enforce a right or redress an injury.
(Vol. 3 Bouvier's Law Dictionary, Third Rev. 8th Ed.)
 
--Remedies for rights are ever favorably extended.
18 Viner's Abridgment.  (Black's Law Dictionary, Rev. 4th Ed.)
 
It is the federal courts, as guardian of our rights, which have the responsibility of seeing to it that a remedy is provided when sought by petition to government. If the court fails, then the People must act, for what good are rights without a remedy?
To say that our rights are protected by the Constitution is to rely on a piece of paper if we ignore the control of the powers of government exerted by the people. It is the people who are the ultimate guardians of the Constitution and the rights it guarantees...  [J.A.I.L. will fulfill this role]
 
A constitution alone cannot control government without republican forms, i.e., mechanisms that keep control of their representatives in the people's hands. [the function of J.A.I.L.]  Constitutions are not self-enforcing.... [W]ithout a sovereign people in control determining what shall be the constitution and the form of government functioning thereunder, that determination is made by the governors themselves. [i.e., usurpation of power]They function as a higher power, and that higher power then becomes the sovereign, dictating government and its policies to all others.  [J.A.I.L. will restore control to the sovereign People]
 
The only check upon arbitrary power is the People:
It is the law, and the law only, which can successfully resist the encroachments of despotism. In the absence of defined laws, and an independent judiciary to enforce them, the only check upon arbitrary power is popular insurrection;... http://www.svpvril.com/comcivlaw.html
 
There is no other mechanism in existence that can adequately and consistently protect our rights. Power quickly leads to corruption, and the power to protect the rights of the people can be trusted nowhere but with the people themselves. Therefore it is the responsibility of the citizens themselves to look after their own rights.
 
Analyzing the WTP Court Ruling
 
The court relies on Smith v. Ark. State Highway Employees, Local 1315, 441 U.S. 463, 465 (1979) which states:

The First Amendment protects the right of an individual to speak freely, to advocate ideas, to associate with others, and to petition his government for redress of grievances. And it protects the right of associations to engage in advocacy on behalf of their members. NAACP v. Button, 371 U.S. 415 (1963); Eastern Railroad Presidents Conf. v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961). The government is prohibited from infringing upon these guarantees either by a general prohibition against certain forms of advocacy, NAACP v. Button, supra, or by imposing sanctions for the expression of particular views it opposes, e. g., Brandenburg v. Ohio, 395 U.S. 444 (1969); Garrison v. Louisiana, 379 U.S. 64 (1964). [emphasis in red added]

But the First Amendment is not a substitute for the national labor relations laws.... The public employee surely can associate and speak freely and petition openly, and he is protected by the First Amendment from retaliation for doing so. See Pickering v. Board of Education, 391 U.S. 563, 574 -575 (1968); Shelton v. Tucker, 364 U.S. 479 (1960). But the First Amendment does not impose any affirmative obligation on the government to listen, to respond or, in this context, [emphasis added] to recognize the association and bargain with it.   [ Footnote 2 ] See Hanover Township Federation of Teachers v. Hanover Community School Corp., 457 F.2d 456, 461 (CA7 1972), quoting Indianapolis Education Assn. v. Lewallen, 72 LRRM 2071, 2072 (CA7 1969) ("there is no constitutional duty to bargain collectively with an exclusive bargaining agent"). [emphasis added]
 
The context of the above case relates to "national labor relation laws," "bargaining collectively with an exclusive bargaining agent" --not the context of the instant WTP case. Dismissal of the instant case is based entirely on the court's misapplication of law to the different factual context of plaintiffs' case, and likewise the denial of their motion for leave to amend as "futile."  
 
The court also places federal tax laws above the Constitution, indicating that the First Amendment right to petition for redress of grievances does not apply to those laws.
 
By that ruling, Judge Sullivan contributes to the natural outcome of popular insurrection that is bound to arise, because it goes against the Laws of Nature. The judge has put himself at war with plaintiffs; and having disregarded material facts of plaintiffs' case, having deliberately violated plaintiffs' First Amendment right to Petition for Redress of Grievances, and having intentionally violated due process of law, under the specific provisions of J.A.I.L., the judge would not be entitled to immunity from liability in a subsequent jury trial if taken by complainant.
Whosoever uses force without right, as every one does in society, who does it without law, puts himself into a state of war with those against whom he so uses it; and in that state all former ties are cancelled, all other rights cease, and every one has a right to defend himself, and to resist the aggressor.
Of the Dissolution of Government by John Locke (supra)
 
The ruling is void and a nullity:
In Volume 16, American Jurisprudence, 177, we find the following: "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

"Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. . . .

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

No one is bound to obey an unconstitutional law and no courts are bound to enforce it. "
Our American Common Law by Howard Fisher and Dale Pond
 
The judge is a pretender of power:
If any agency of the Federal, State or County government, including the court, would act as if it were Principal, and Freeman, against its true Principal, the People, this would be an inversion of the legal principle of Sovereignty of the People. By so acting, any agency of the government, including the court, would be a pretender to the power, and as a pretender, its acts would be a nullity and would not exist, at Law; that is to say, that it would be null and void, and of no force and effect, at Law. That, in fact, it would not be government at all, but would be a private, criminal operation, imposing a rule of force, fraudulently pretending to be government, since, in this country, the only legitimate function of government is to protect the Rights and freedoms of the People. Such acts are not unlike the privately owned and operated Mafia who demands our money (taxes, fees, etc.) in exchange for them not committing violence against us or our property. Id.
~~~~~~~~~~~~~~~~~~~~~
 
J.A.I.L. is the means of self-defense for an oppressed people:
Must the people then always lay themselves open to the cruelty and rage of tyranny? Must they see their cities pillaged, and laid in ashes, their wives and children exposed to the tyrant's lust and fury, and themselves and families reduced by their king to ruin, and all the miseries of want and oppression, and yet sit still? Must men alone be debarred the common privilege of opposing force with force, which nature allows so freely to all other creatures for their preservation from injury? I answer: Self-defence is a part of the law of nature; nor can it be denied the community, even against the king himself...  John Locke, (supra.)
[written in the 1680s]

 
Bob Schulz, Chairman WTP, writes:

September 13, 2005

The Greatest Threat

http://www.givemeliberty.org/RTPLawsuit/Update2005-09-13.htm

There is no greater threat to Liberty in America, and consequently to Her strength and durability, than the loss of the ability of the People to hold their servant government accountable to the Principles of the Declaration of Independence, the Constitution and the Bill of Rights. 

With accountability, the cry for Freedom of each individual is maximized and the Rights of the governed are secured.  

Liberty is directly proportional to accountability. The more the People are able to hold government accountable to these essential principles, the greater their Liberty. 

The First Amendment provides a guarantee of the primary methods for exercising accountability.  Of crucial importance is the Petition clause, which unlike the other clauses (which enable personal expression, belief and association) brings the People and their government into a direct confrontation, and results in a public declaration of individual Liberty or governmental Tyranny.  

Petitioning the government for Redress of Grievances is nothing less than a peaceful rebellion of citizens seeking to keep their government in its proper place: as a servant of the People, created through a written Constitution for their service and protection. 

The Petition is the period at the end of the sentence on Liberty. It is the capstone Right, the ultimate peaceful deterrent to the abuse of power in government, a protection against the theft of Freedom from the People. 

Listen to the words of Jefferson: “On every government on Earth is some trace of human weakness, some germ of corruption and degeneracy, which cunning will discover, wickedness insensibly open, cultivate and improve. Every government degenerates when trusted to the rulers of the People alone. The People themselves therefore are its only safe repository.” 

The Petition Clause was positioned for the People’s use against an imperfect political process, a process that would favor the majority and those who possess power and influence. The Petition Clause is there to protect the individual from the whim of man and the whim of the majority. It offers protection against abuses of government that infringe upon the Fundamental Rights of both Individuals and the minority.  

The Petition is a necessary tool available to every individual, to remind and instruct those in government that their control is always, and ultimately, subject to the greater power and control of the Sovereign People that created it, bound -- not by the whims of men, but by the essential principles of Liberty. Petitions keep the government’s ears open to its master’s voice and they can sharpen popular attention to what the government is doing. 

The Founders knew that the unequal and unorganized citizens must have a practical, constitutional vehicle by which they could secure protection against those who would employ and enjoy political domination for their advantage. Indeed, it is this single principle – the Natural Right of popular sovereignty, as excised through the Right to Petition, that distinguishes our form of government from any that has arisen during the history of man. 

Confrontations between men and their governments have never been without anguish or agony. In our system of governance, the Petition is the fine line between peaceful and physical rebellion. Although Petitions may bring painful revelations and result in difficulties, the Right to Petition is the final check and balance that protects the People against the abuses of government – and insures the continuation of our Founding Principles.

That said, a government that restricts or infringes upon the Right to Petition commits a clear and grave error because it diminishes accountability and the full enjoyment of Rights, Freedoms and Liberty.

To outright deny the Right to Petition is to invite physical rebellion.  

Such is the recent decision http://www.givemeliberty.org/RTPLawsuit/CourtFilings/USDC-OrderDismiss08-31-05.pdf  by federal Judge Emmet Sullivan.
The decision is horrifying in its implications.  (see below)

In We The People et al., v. United States, et al., Sullivan, ruled that the government does not have to listen or respond to the People’s Petitions for Redress of Grievances.  Without the Right to a response, the People do not have the Right to Petition. Popular Sovereignty thus becomes a quaint anachronism.

In essence, a federal District Court has declared its allegiance with Congress and the Executive, which have repeatedly ignored our Petitions. The decision effectively declares that our government is no longer accountable to We the People and that our servant government is unrestricted and untouchable in its pursuit of activities and agendas that are clearly prohibited by our Constitution.

Accountability contests between a free People and its servant government should always be of a respectful nature and require minimal encroachment or confrontation. 

Unfortunately, Judge Sullivan’s decision is anything but respectful.

Any reasonable person would agree that the People’s Right To Petition the government for Redress of constitutional torts includes the Right to an honest response. The Right to bring grievances before the government is of no value if the People do not have the Right to a respectful response.  Indeed, this is the essence of the Right.  

Listen to the words of Chief Justice Marshall in Marbury v. Madison in 1803, “It cannot be presumed, that any clause in the Constitution is intended to be without effect.”  

Seldom has the Judiciary been so disrespectful of the Rights of People – probably not since the court decision in Plessey v. Ferguson, which held that “Black” people were “separate but equal” --  a patently absurd, political decision that was eventually overturned by Brown v. Board of Education. 

It’s one thing for the political branches to deny the Right to Petition, it is an entirely different matter for a federal judge, standing as the Judiciary, to officially sanction the denial.  

As was the case with Martin Luther King, Jr. in Alabama and Ghandi in India, the enhancement of Liberty in any society must come from the efforts of the People. 

The history of man’s struggle for Freedom teaches us to become involved citizens and to become Petitioners when the normal political process no longer meets our needs or fails us entirely.  

Petitioners are first class citizens who, having the courage of their convictions, act as free and thinking people. They rise and engage themselves as involved, responsible citizens to make change where change seems necessary.  

What must a Free People do after Petitioning the Executive and Legislative branches for stepping outside the boundaries drawn around their power by the war making, taxing, property, privacy, money and due process provisions of the Constitution and then witness their government turn a blind eye and a deaf ear to the Petitions?

What must a Free People do when, after petitioning the Judicial branch, a federal judge effectively declares the Petition clause “CANCELLED” --- declaring that this essential provision of the First Amendment “is without effect”?  

Under the present facts and circumstances, an extraordinary commitment to Freedom by the People is necessary. Personal activism must become a priority in order to stem the rising tide of tyranny. 

Accountability requires that the People hold their Principles above not only the consequences that may result from the Petition itself, but also the consequences that may result in attempting to hold government accountable.  

The lowest level of the federal Judiciary has now spoken and Judge Emmet Sullivan has assured his noteworthy place in history.  After having  profound questions of Constitutional Order and Natural Rights placed before him, he has ruled that our Right to Petition was intended to be without effect.

Working against despotism, and needing to complete the historical and legal Record of our Petition process for future generations, documenting our confrontation against modern tyranny, we will now move through the federal appeals process, starting with the U.S. Court of Appeals and, if necessary, the United States Supreme Court. We cannot allow it to be said that we did not complete our judicial remedies. 

It is now clear that within the coming months, we will be living witnesses to the further demise -- or resurrection -- of a nation where men once walked free, endowed with the Blessings of Devine Providence. 

My personal actions in the future are offered to encourage People to become involved as citizens and activists in the defense of Liberty when, as now, Freedom has come under attack, and the political and judicial processes designed to serve and protect us turn against us. 

Bob Schulz 
Chairman, WTP

(Attorney Mark Lane writes:)

STATEMENT BY MARK LANE

On December 15, 1791, the most important statement in American history became effective law to guide our nation. The Bill of Rights began with the First Amendment, and that one sentence commitment to We the People is in large measure what makes us unique. The First Amendment directs that:
            
"Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

A number of ordinary Americans sought to exercise their right to petition the Government; they respectfully, imaginatively and persistently, over a period of years asked the Government to cite the law or regulations that constrained them to pay direct taxes on their labor or that authorized any number of other government activities that were well outside the limits of the Constitution. The Government refused to answer. 

These folks then filed an action in the United States District Court for the District of Columbia asking the Court to issue a declaration that the Government was constrained to respond to the numerous petitions.

Remarkably, the Government responded to the Court that the right to petition did not exist.  Well, you could send a letter if you wished but the Government was not required to respond or even read the petition. The government cited two cases that were plainly not applicable. It could not find an applicable case because, in fact, this case is a case of first impression, meaning that no court has ever considered this issue before.

Of course the courts are faced with serious consequences when they consider issues of this magnitude. If the Government was required to answer questions about the validity of income tax and if those answers were inadequate to support the present income tax assumptions, the Government would be denied access to funds to continue undeclared wars and other costly (and largely unconstitutional) measures.  The vast majority of funds the government receives are generated from taxes upon labor with a small portion being derived through taxes on corporations, and the corporate tax obligations are shrinking each year.

A decision by the Court in this case stating that circumstances had largely changed since 1791, that the Government's obligations have increased to an extent that those who drafted the First Amendment could not have expected and that, therefore, we cannot any longer give full faith and credit to the promise made to our people when the nation was founded, would have likely been a more accurate assertion by the judiciary of its position. It would not have been acceptable and it would have stated, in essence, that the First Amendment, or a least a substantial portion of it, had been abolished.

But courts work their magic by seeking to find some precedent when they make new law that is unprecedented. Here, the Court relied upon the two inapplicable cases that were cited by the Government.

In assessing the importance of this matter we must remember that whatever legal arguments have been posed or considered, the Court ultimately relied upon the Government's statement that the right to petition the Government for a redress of grievances no longer exists.

Of course, we intend to seek a review of that decision by a higher court. In the meantime, however, it is now the law of the land that your right to petition the Government has been abolished by the executive and judicial branches of the your Government.

Mark Lane


 
 
UNITED STATES DISTRICT  COURT

FOR THE DISTRICT OF  COLUMBIA

Civil Action No.  04-1211   (EGS)
_____________________________

WE  THE PEOPLE, et al., )

Plaintiffs,  )

v. )
 
UNITED STATES,  et al., )

Defendants.  )
__________________________________)

OPINION  & ORDER

Plaintiff We the People Foundation for  Constitutional

Education, Inc. and several individually-named  plaintiffs,

including pro se plaintiff Robert L. Schultz, bring  this action

against the United States of America, the U.S.  Treasury

Department, the Internal Revenue Service, and the U.S.  Department

of Justice. Plaintiffs' Complaint "arises from the  failure of

the President of the United States and his Attorney  General and

his Secretary of the Treasury and his Commissioner  of the

Internal Revenue Service, and the failure of the United  States

Congress, to properly respond to Plaintiffs' Petitions  for

Redress of Grievances against their government,  namely:

grievances relating to violations of the U.S.  Constitution's war

powers, taxing, money, and "privacy"  clauses." See Plaintiffs'

Amended Complaint ("Compl.") at 66.  Plaintiffs also allege that

the Executive Branch has retaliated  against plaintiffs for

petitioning the government and for  "Peaceably Assembling and

Associating with other individuals  under the umbrella of the We

the People Foundation for  Constitutional Education and the We the

Case 1:04-cv-01211-EGS  Document 28 Filed 08/31/2005 Page 1 of  7

2

People Congress." Id.

Pending  before the Court are defendants' Motion to Dismiss

and  plaintiffs' Motion to Amend the Complaint. Upon

consideration  of the motions, the oppositions thereto, and the

replies in  support thereof, and for the following reasons, it  is

hereby

ORDERED that the defendants' Motion to  Dismiss is GRANTED.

It is further

ORDERED that  the plaintiffs' Motion for Leave to File

Amended Complaint is  DENIED.

I. Motion to Dismiss

A. Standard of  Review

A motion to dismiss for failure to state a claim  under

Federal Rule of Civil Procedure 12(b)(6) should be  granted when

it appears "beyond doubt" that there is no set of  facts that

plaintiffs can prove that will entitle them to  relief. See

Sparrow v. United Air Lines, Inc., 216 F.3d 1111,  1114 (D.C. Cir.

2000). "Accordingly, at this stage in the  proceedings, the Court

must accept as true all of the  complaint's factual allegations."

Johnson v. District of  Columbia, 190 F. Supp. 2d 34, 39  (D.D.C.

2002).

B. Discussion

The  First Amendment provides that "Congress shall make no

law ...  abridging ... the right of the people peaceably to

Case  1:04-cv-01211-EGS Document 28 Filed 08/31/2005 Page 2 of  7

3

assemble, and to petition the Government for  a redress of

grievances." U.S. Const. Amend. I. Plaintiffs  contend that they

therefore have a constitutional right to a  response to the

petitions they have filed with the various  defendants, and that

defendants have committed constitutional  torts against plaintiffs

in failing to respond to their  petitions. See Pl. Opposition to

Def. Motion to Dismiss ("Pl.  Opp.") at 9-10. The Supreme Court,

however, has held that "the  First Amendment does not impose any

affirmative obligation on  the government to listen, to respond

or, in this context, to  recognize the association and bargain

with it." See Smith v.  Ark. State Highway Employees, Local 1315,

441 U.S. 463, 465  (1979). Plaintiffs' claims that the defendants

are obligated to  "properly" respond to plaintiffs' petitions

shall thus be  dismissed for failure to state a claim upon which

relief may be  granted.

Plaintiffs' claims based on the "retaliatory actions"  the

defendants have allegedly taken against plaintiffs for  exercising

their First Amendment rights are similarly flawed.  The

governmental actions plaintiffs complain of include  sending

plaintiffs threatening letters, placing liens on their  property,

raiding plaintiffs' homes or offices, and forcing  plaintiffs to

appear before administrative or other tribunals.  Compl. at ¶ 48.

It appears that because plaintiffs have not  received responses to

their petitions, they have "decided to  give further expression to

their Rights under the First  Amendment to Speech, Assembly and

Case 1:04-cv-01211-EGS  Document 28 Filed 08/31/2005 Page 3 of  7

4

Petition, by not withholding and turning  over to government

direct, un-apportioned taxes on Plaintiffs'  labor - money earned

in direct exchange for their labor (not to  be confused with money

"derived from" labor)." Pl. Opp. at  30-31.

Congress has provided methods for challenging the  legality

of such enforcement actions and to prevent  governmental abuse.

For example, taxpayers have the right to  notice and a hearing

before the federal government can file a  notice of a tax lien or

levy. 26 U.S.C. §§ 6320, 6330. Citizens  have a right of action

for wrongful levies or other collection  actions and for wrongful

failure to release liens. Id. at §§  7426(a). And taxpayers may

sue to recover money erroneously or  illegally assessed or

collected by the government. Id. at §  7422(a).

Plaintiffs do not, however, have a First Amendment  right to

withhold money owed to the government and to avoid  governmental

enforcement actions because they object to  government policy.

See, e.g., Adams v. Comm'r, 170 F.3d 173,  182 (3d Cir.

1999)("Plaintiffs engaging in civil disobedience  through tax

protests must pay the penalties incurred as a  result of engaging

in such disobedience."); United States v.  Rowlee, 899 F.2d 1275,

1279 (2d Cir. 1990)("The consensus of  this and every other

circuit is that liability for a false or  fraudulent return cannot

be avoided by evoking the First  Amendment[.]")(citing cases);

United States v. Kelley, 864 F.2d  569, 576-77 (7 Cir.), cert. th

denied, 493 U.S. 811  (1989)(actions that constitute more than

Case 1:04-cv-01211-EGS  Document 28 Filed 08/31/2005 Page 4 of 7

5

mere  advocacy not protected by the First Amendment); Welch v.

United  States, 750 F.2d 1101, 1108 (1 Cir. 1985) st

("[N]oncompliance  with the federal tax laws is conduct that is

afforded no  protection under the First Amendment[.]"); United

States v.  Ness, 652 F.2d 890, 892 (9 Cir.), cert. denied, 454 th

U.S.  1126 (1981)("Tax violations are not a protected form  of

political dissent."); United States v. Malinowski, 472 F.2d  850,

857 (3d Cir. 1973)("To urge that violating a federal law  which

has a direct or indirect bearing on the object of protest  is

conduct protected by the First Amendment is to endorse a  concept

having no precedent in any form of organized society  where

standards of societal conduct are promulgated by  some

authority.").

Moreover, the injunctive  relief that plaintiffs seek, that

is, "a temporary injunction  against the United States Internal

Revenue Service and the  Department of Justice and any other

agency of the United States  that arguably may act in this matter

under color of law, from  taking any further retaliatory actions

against the named  plaintiffs in this proceeding," is clearly

barred by the  Anti-Injunction Act, 26 U.S.C. § 7421. See, e.g.,

Foodservice  & Lodging Institute, Inc. v. Regan, 809 F.2d 842, 844

(D.C.  Cir. 1987)("The Anti-Injunction Act provides that 'no suit

for  the purpose of restraining the assessment or collection of

any  tax shall be maintained in any court by any person.' 26

U.S.C.  § 7421(a)(1982). The Declaratory Judgement Act provides

Case  1:04-cv-01211-EGS Document 28 Filed 08/31/2005 Page 5 of  7

6

that '[i]n a case of actual controversy  within its jurisdiction,

except with respect to Federal taxes  ... any court of the United

States ... may declare the rights  and other legal relations of

any interested party seeking such  declaration, whether or not

further relief is or could be  sought.' 28 U.S.C. § 2201(a)(Supp.

III 1985). By their terms,  these statutes clearly bar the

appellant's claims for  injunctive and declaratory relief as to

the [challenged IRS  regulations].").

For the above cited reasons, plaintiffs'  complaint must be

dismissed for failure to state a claim,  pursuant to Fed. R. Civ.

P. 12(b)(6).

II. Motion  for Leave to File Amended Complaint

In light of the preceding  discussion and the Court's ruling

granting the defendants'  motion to dismiss the complaint,

plaintiffs' motion for leave  to amend their complaint to add

additional defendants,  including the President of the United

States, the United States  Congress, the Commissioner of the

Internal Revenue Service and  others, as well as adding 1,600

plaintiffs, shall be DENIED as  futile. See James Madison Ltd. v.

Ludwig, 82 F.3d 1085, 1099  ("Courts may deny a motion to amend a

complaint as futile ...  if the proposed claim would not survive a

motion to  dismiss.")(citations omitted); see also Nat'l Wrestling

Coaches  Ass'n v. U.S. Dept. of Educ., 263 F. Supp. 2d 82,  103-04
(2003), aff'd, 366 F.3d 1047 (D.C. Cir. 2004), cert.  denied, 125

S.Ct. 2537 (2005)(citing and discussing cases  supporting a

Case 1:04-cv-01211-EGS Document 28 Filed  08/31/2005 Page 6 of 7

7

district court's  discretion pursuant to Fed. R. Civ. P. 15(a) to

deny a motion  for leave to amend complaint on the grounds  of

futility).

III. Conclusion

For  the reasons set forth herein, it is hereby ORDERED that

the  defendants' motion to dismiss the complaint is GRANTED  and

plaintiffs' motion for leave to amend their complaint is  DENIED.

An appropriate order accompanies this Opinion &  Order.

Signed: EMMET G. SULLIVAN

U.S. District  Judge

August 31, 2005

Case 1:04-cv-01211-EGS  Document 28 Filed 08/31/2005 Page 7 of 7

 


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
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"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 

#992 From: <victoryusa@...>
Date: Tue Sep 27, 2005 12:43 am
Subject: *** Why and How Is JAIL4judges "Misguided"? ***
jail4judges_...
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J.A.I.L. News Journal
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Why and How Is JAIL4judges "Misguided"?
 
(Jon Roland of the Constitution Society writes):
 
----- Original Message -----
From: Jon Roland
To: LPTexas
Sent: Sunday, August 21, 2005 6:57 AM
Subject: [Lex_Rex] Fw: Jail 4 Judges is misguided

See http://www.jail4judges.org/ for their proposal, and consider how it could be subverted and made counterproductive.

-------- Original Message --------
Subject: Re: Jail 4 Judges is un-Constitutional
Date: Sun, 21 Aug 2005 11:37:59 +0000
From: Jon Roland <
jon.roland@...>
Reply-To:
jon.roland@...
Organization: Constitution Society
To: Dr Les Sachs <
drlessachs@...>,  AMOJ_main <AMOJ_MAIN@yahoogroups.com>
References: <
1124613810.43083eb2a0072@...>

Discussion of the merits of the J.A.I.L. proposals reminds one of the quotes:

For every complex problem, there is a solution that is simple, neat, and wrong.
— H. L. Mencken

For every problem there is a solution which is simple, obvious, and wrong.
— Albert Einstein

Simple proposals are easier to sell, and therefore propagate faster than more complex but workable proposals, often displacing them from public discourse. One suspects that clever opponents of reform often advance such proposals just to defeat real reform.

But some might say my proposals are simple: Argue law before juries. Require juries for more cases, such as administrative, equity, family, and appellate. Require unanimous decisions by multi-judge panels to sustain official action against claimed right of individual against such action. Revive private criminal and public rights prosecutions. Open grand juries to private parties. Set up grand juries, selected at random, for communities of about 3000 people. Legislatively forbid binding stare decisis, by requiring exhaustive textual, structural, and historical analysis before turning to precedent.  Educate youth on original
understanding of the Constitution and on law generally. End "licensing" of lawyers. Decriminalize narcotics. Revive militia for most defense, law enforcement, disaster response, and community service.

However, my proposals are not as simple as these simple statements of them might suggest. In particular, no one of them is likely to be effective without the rest. The legal system is too complex to admit simple solutions, and we can't just fix one thing and expect that will work unless other things are also fixed.

When as much energy goes into some of these proposals as is going into J.A.I.L. we might have some hope of restoring constitutional compliance.

-- Jon
 
 
--------------------------------------------------------------------------
 
(Response from Barbie of JAIL4judges):
 
Dear Jon:
 
It's puzzling why proponents of the organic Constitution (1787) would be motivated to trash J.A.I.L. on the internet when the main objective of J.A.I.L. is to provide the means by which the People can enforce that Constitution as it was written and intended to be by strict construction (i.e., it says what it means and means what it says), by holding judges accountable to the People when failing to obey constitutional principles in making their rulings. I would think that your organization called "Constitution Society" and your website (to which I refer quite often in my research) "constitution.org" would certainly agree with J.A.I.L.'s objective. You've been sour on J.A.I.L. for as long as I remember, and it just doesn't add up. I won't deny the fact that it is, to say the least, disappointing. If J.A.I.L. wasn't so vital to restoring our Constitutional Republic while the People can still do so, your naysaying wouldn't  matter so much. We expect opposition, but usually from those who benefit from judicial corruption, such as members of the system itself-- government officials and lawyers mainly. But the "Constitution Society"??
 
It makes me wonder, Jon, if you really are interested in returning the exercise of sovereignty to the People, where it truly rests. The following may sound like a "Request for Admissions" but I ask these pertinent questions to try to find out where you depart from the motivations of J.A.I.L. Many people look up to you as a constitutional scholar, and so in light of the fact that J.A.I.L. exists to make the Constitution more than just words on parchment, it doesn't help J.A.I.L. when you debunk this cause. We'd like to know precisely where the "glitch" is --
 
Do you believe the 1787 Constitution is based on the Declaration of Independence? Do you believe that the People are, by nature, sovereign over government?  Do you believe that government was created by the People to protect respect for the exercise of their inherent rights?  Do you believe that the People have not only the right, but the DUTY to alter or abolish government when it fails to protect their rights?
 
Do you believe that government has indeed failed to protect the rights of the People-- i.e., failed to do the job they were created to do? Do you believe that it's the judiciary that is the final authority of government with the responsibility of seeing to it that the People's rights are protected? Do you believe that the "touchstone of due process is protection of the individual against arbitrary action of government"? Do you believe that it's ultimately up to the People to do what is necessary to see that their inherent rights are protected by government?
 
Jon, please tell us precisely how "J.A.I.L. is misguided"! That's quite a serious accusation without proof. Your proposals listed below aren't possible until J.A.I.L. is in place-- as legitimate and credible as your proposals may be (that's not the issue here). People --especially "constitutional scholars"-- must understand that the People need a formal mechanism by which to make these "proposals" work. Without that mechanism in place, all the "proposals" in the world, as well as the Constitution itself, are merely words on paper (and the internet screen). The key is enforcement-- not just complaining or theorizing.
 
Jon, you state: When as much energy goes into some of these proposals as is going into J.A.I.L. we might have some hope of restoring constitutional compliance. Oh, we need even MORE energy "going into J.A.I.L."  We think of all the resources going into the WTP project of trying to get redress of grievances from government--a very basic inherent right according to plain common sense, even according to nature-- the Constitution doesn't grant it, and certainly government doesn't grant it. Yet we find that even the Laws of Nature when it comes to respecting the People's natural rights and allowing them to work as nature intended them to do, are being opposed and violated by the counterfeit power in force --only because there is no mechanism in place for the People to stop the usurpation and restore the system to its rightful station in society. Only J.A.I.L. will provide that mechanism-- which has to be there before the system will work properly!
 
That's why, Jon, we need your HELP --not hindrance-- in getting J.A.I.L. passed in all states and ultimately with Congress.  J.A.I.L. is going forward with or without your help, however you can make a big difference in making the effort a lot easier. J.A.I.L. will help YOU -- your program -- and everyone's agenda, if it follows constitutional law.
 
Many of J.A.I.L.'s naysayers base their criticism on the fraud and deception that has taken place, almost since the 1787 Constitution was ratified-- e.g., corporate USA, bankrupt USA, Crown Temple, English "ownership", the IMF, Federal Reserve, the IRS, redemption,  --just to mention a few. But none of those frauds are relevant in considering the need for J.A.I.L. J.A.I.L. is needed because of those fraudulent programs that have not been stopped by the People in over 200 years!
Anything created by fraud is as void today as it was at its inception (null and void ab initio). Length of time does not validate ongoing fraud. However, the J.A.I.L. process allows any defendant-judge to present his defense, and it will be investigated. Those issues don't negate the need for J.A.I.L.
 
So Jon, please tell us precisely why and how JAIL4judges is "misguided." Certainly if there is something that we should know that would set J.A.I.L. on the "right track" -- please tell us. But please understand that anything that depends on the current system isn't going to work UNTIL we have J.A.I.L. As I've reminded people so many times, even theoretically if the system worked perfectly, we still need J.A.I.L. in place to keep it guarded against the development of possible corruption in the future. But we know the system is already corrupt, and the People must "throw off such government and provide new guards for their future security." That's the NEXT STEP the People must take, i.e., WE MUST PASS J.A.I.L.
 
Thank you,
 
-Barbie, ACIC
 National J.A.I.L. Administration
 
WE NEED EVERYONE'S HELP IN SOUTH DAKOTA, WITH DONATIONS, COLLECTING SIGNATURES, AND SPREADING THE WORD ANY WAY YOU CAN. THE SIGNATURE GATHERING CAMPAIGN IN CURRENTLY UNDER WAY UNTIL NOVEMBER 6 --JUST A LITTLE MORE THAN A MONTH AWAY. WE ARE ENCOURAGED BY THE PROGRESS MADE SO FAR AND URGE EVERYONE TO PARTICIPATE IN THIS CAUSE. PLEASE GO TO www.SouthDakotaJudicialAccountability.com FOR DETAILS AND INFORMATION. CALL THE SDJA OFFICE AT (605) 231-1418 FOR IMMEDIATE CONTACT. WE THANK ALL OF YOU WHO HAVE ALREADY HELPED AND THOSE WHO ARE ACTIVELY WORKING SO HARD IN COORDINATING THIS EFFORT. REMEMBER-- A WIN IN SOUTH DAKOTA WILL BE A WIN FOR EVERY AMERICAN!
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#993 From: <victoryusa@...>
Date: Tue Sep 20, 2005 12:45 am
Subject: Just Woke Up
jail4judges_...
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Just Woke Up
(By V. B. Moore - vbmoore2@...)
 
 
I'm new to this group and to the whole experience.  You see before my
son's murder attempt, I truly believed in this system, and in my
government.  I even encouraged my son to serve his country.  I always
considered myself a law obeying citizen - until, three years ago.  Before
then, I sort of figured I had my doubts about some things, but not at
this level. 

Hell has fallen upon me since I started to piece the puzzle together.
Because I asked others about their experiences, I was able to dig
deeper into the information that was available to me at the time. 

I have found "In your face" disregard for the law from many of our
medical community, social service groups, and educational community.
The lies, the deceit, and the looks I got from these people is enough
to convince me ...if we don't act soon, my only option is to run for
the hills... .
 
South Dakota is not very populated, and most people are probably not impacted or aware of the deep shit we are in.  I'm in with whatever I can help with.
 
V. B. Moore
 
 

#994 From: <victoryusa@...>
Date: Mon Sep 26, 2005 7:56 am
Subject: * * The New Police State Terrorism * *
jail4judges_...
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J.A.I.L. News Journal
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The New Police State Terrorism
(By Louisiana J.A.I.L. Lt.JIC Attorney Hardy Parkerson)
 
Printed in the V-Bulletin for August 19, 2005, located at http://forums.politicsla.com/showthread.php?t=10874 are the words of Hardy Parkerson, a criminal defense attorney, hparkerson@....
 
Please note that Parkerson is located in Louisiana, and that the date of this article is August 19, ten days prior to Hurricane Katrina's arrival. And let us not forget that five days passed after the hurricane made landfall before rescue help made its debut. 
 
And further let us not forget the words of our Founding Fathers in the Declaration of Independence, "He [King George, III] has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance." "For the transgression of a land many are the princes [bureaucrats] thereof:..." Prov. 28:2. (i.e., where there is much government, there lacketh not evil. Someone wrote, "Katrina & Rita -- can you hear me now?"
 
 
Attorney Hardy Parkerson
Aug. 19, 2005
 

The New Police State Terrorism
 
Take Calcasieu Parish for example. We start off with about a thousand full time deputies. Then there is the Lake Charles City Police of about three or four hundred. Then there is the Lake Charles City Marshal police force of about a hundred. Then there is the Louisiana State Police of thousands. Then there is the United States Marshal police force. Then there is the Port of Lake Charles police force, and the Sowela Tech police force, and the McNeese State University Police force.
 
Also, now we have the Sabine River Authority police force. Am I missing any? Oh, yes! There's even the Railroad Police, even in Lake Charles, with cop uniforms, badges and guns. Then there is the Federal Bureau of Investigation police, not to mention the I.N.S. Border Patrol police force and the U.S. Customs Service police force which perform run-of-the-mill police operations traditionally handled only by local state police forces.
 
Our Fathers never intended for the Federal Government to conduct an intrastate-only Criminal Justice System; but that is what is happening right now, with the United States Attorney's offices handling what has traditionally been handled only by local state prosecutors and by local state courts

What's more is that a contingent from each of most of the above-named police forces has gotten together and formed even another giant police force that they call a "Task Force" and they are literally terrorizing the State of Louisiana. In making what is a simple arrest of a non-violent defendant, on a simple drug charge, they arrive en masse and all pull out guns and aim them at even women and children who are not even criminal suspects.
 
Further, they depend on the United States Attorneys' offices to prosecute the alleged cases that they "make". Since the state District Judges refuse to allow some of these police forces and/or their leader and/or leaders to "terrorize" certain portions of Calclasieu Parish, such as North Lake Charles, and refuse to allow the police to dictate whether bond for accused defendants will even be allowed, and, if so, how much these bonds should be set at, these police forces and/or their leader and/or leaders have elected to take their cases not to the local District Attorneys for prosecution, but to take them to the United States attorneys whose offices are getting bigger and bigger and bigger.
 
The traditional Louisiana Criminal Justice System is changing and changing fast. There is more to it all than this, but this is something to think about.

Sincerely,

Hardy Parkerson, Atty.
Former Asst. Prof. Crim. Justice
L.S.U. - Baton Rouge
 

Now, add to the above confusion of the mish-mash of government agencies running all over each other, the greatest national disaster in recorded history with a five-day absence of food, water, and government leadership to help the victims of Katrina, and you have the ingredients of an even more serious disaster.  -Ron Branson

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minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#995 From: <victoryusa@...>
Date: Sat Oct 1, 2005 3:53 am
Subject: The Great Canoe Competition
jail4judges_...
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The Great Canoe Competition

Two teams of rowers decided to have a canoe race on the Russian River.

One team represented local government, and was formed by appointing a select group of seasoned administrators who set about interviewing the youngest and strongest employees of county and city agencies.

The other team represented private enterprise, and was formed by volunteers from local businesses.

Both teams practiced long and hard to reach their peak performance before the race. However, the private enterprise team was unable to practice as many hours as the government team, since they had businesses to run, and could not make use of accumulated coffee break time, nor use compensatory time for conferences and seminars not attended.

On the big race day, the teams started at Monte Rio, headed for the finish line a mile upstream of the Austin Creek bridge. The businessmen won by half an hour!

The government team was very discouraged, even depressed. County and city management set up a “Joint Task Force,” held study sessions and emergency planning meetings, and finally concluded the reason for the crushing defeat had to be found.

So a “Commission on Rowing Competition,” made up of senior city and county management and two appointees from the Board of Supervisors, was formed to investigate and recommend appropriate action.

The Commission on Rowing Competition’s conclusion was that the private enterprise team had eight people paddling and one person steering; and the government team had 8 people steering and one person paddling. The Commission recommended that the government hire a consulting company for further analysis and to recommend solutions, so the Joint Task Force hired a high profile consulting firm and paid it a large amount of money for a written report and a series of advisory appearances at Task Force meetings.

After six months study, the consulting firm advised that too many people were steering the boat, while not enough people were paddling.

Armed with this information, the Joint Task Force acted decisively to prevent losing to the private enterprise team again the following year. The government team's management structure was totally reorganized. It now consisted of four steering supervisors, three area steering superintendents, and one assistant superintendent steering manager, all of whom were given the finest diversity training program that could be found.

The Task Force also implemented a new performance system that would give the person paddling the canoe greater incentive to work harder. It was called the Canoeing Team Quality First Program, with meetings, dinners and free logo shirts and pens for the paddler. Even new paddles and enhanced medical benefit incentives were promised for a winner. “We will give our paddler empowerment and enrichment through this quality program,” said the Joint Task Force Chairman.

It was also decided that the private enterprise team may have had unearned advantages, so the Joint Task Force required that each rower on that team be required to submit fingerprints for a background check, and to obtain a canoe paddler’s license. The private enterprise team was also required to register its canoe, and to arrange for a government employee to measure it. A second government employee was required to weigh the canoe, and a third to weigh and certify the weights of each of the paddlers and the helmsman. A fourth government appointee, established as the “Administrator of Canoe-related Weights and Measures,” was to review all applications, weights and measures, and to certify them. All of this government activity required user fees, all at the expense of the private enterprise team.

It was noted by the Task Force that the previous year, the private enterprise canoe had moved through the water at roughly twice the rate of the government team’s canoe, so a wake mitigation fee was also applied.

These aggregate fees helped to pay the costs of the Joint Task Force, the Commission on Rowing Competition, the hired consultant, the diversity trainer, and the newly established Office of Canoe-related Weights and Measures, according to the Chairman of the Task Force.  

The government team was, of course, exempt from these requirements and fees.

The following year, the private enterprise team, fired up by the inequities heaped upon them, worked extra hard and won by a full two hours!  The Joint Task Force met with the Commission on Rowing Performance. They agreed that they must lay off the rower for poor performance, halted development of a new canoe, sold the paddles and canceled all capital investments for new equipment.

Since they were now spending less than the amount of money they had originally budgeted, they considered this money saved, and gave all participants in the Joint Task Force and the Commission on Rowing Performance awards for a job well done. The Office of Canoe-related Weights and Measures was kept as a new division of county government, to be financed by a new tax on all canoe paddles. Paddles without  a current tax sticker were confiscated and the owners fined.

As a direct result of this new tax, canoeists in Sonoma County stopped using paddles, preferring to just drift along Austin Creek with the current.

This was the beginning of the saying, “…up the creek without a paddle.”
 

#996 From: <victoryusa@...>
Date: Wed Sep 28, 2005 9:21 am
Subject: * * * The Final Foe * * *
jail4judges_...
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J.A.I.L. News Journal
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________________________________________________

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The Final Foe
(By Martin Lear - cuspidore@...)
 
The below poem was sent to us by our Australian JAILer-In-Chief (JIC) John Wilson. It is written by an acquaintance of his, Martin Lear, an Australian concerned about his country. May we who hold concern for our country adopt its message to ourselves here in America.
 
-Ron Branson
 

The Final Foe
 
Do you hear a distant trumpet
Can you hear a clarion call
Or stand you idly dreaming,
And hear no tone at all
 
Do you feel the earth a'tremble
As your enemies assemble
With war horse hooves abounding
And with challenge fierce resounding
 
Do you see the sunrise gleaming
On their spears and banners streaming
Can you hear the crashing rattle
Of the war drums call to battle
Or do you sleep, my friend,
And droop your head withal
 
For while we slept upon our grave
And to the foeman 'vantage gave
We sowed therein which we must reap,
The harvest of our slothful sleep
 
By traitors led, by traitors sold
For bloodstained chests of traitor's gold
 
Australians rise or rise no more
For death is nigh the fatal shore
Honour now your fathers' blood
For freedom shed in crimson flood
 
Yet honour Him above all things
The Lord of Lords and King of Kings
For if we do He will abide
And He will stand and turn the tide
 
Do you hear a distant trumpet
Can you hear a clarion call
Or stand you idly dreaming
And hear no tone at all?
 
Martin Lear
E-mail:
cuspidore@...
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Those people who will not be governed
by God will be ruled by tyrants."  William Penn
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                                    
 


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#997 From: <victoryusa@...>
Date: Mon Oct 3, 2005 4:42 am
Subject: * * * Half of U.S. Sees 'Judicial Activism Crisis' * * *
jail4judges_...
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J.A.I.L. News Journal
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The regular readers of J.A.I.L. News Journals have oft heard the statement that J.A.I.L. will one day eventually encompass this entire country from sea to shining sea, as is also announced on our website at http://www.jail4judges.org/national_001.htm.
 
Nothing makes a point like one's opposition, and in this case, it is the American Bar Association, to wit, "Half of U.S. Sees 'Judicial Activism Crisis.' "  In other words, according to a poll conducted by the ABA, half of America sees the judiciary for what it is, an unaccountable entity in need of oversight outside and beyond itself. While this ABA article says nothing directly to confirm J.A.I.L.'s claim that it will one day encompass all America, it does layout the very reason why this will be so.
 
The American Bar Association's answer to this "overwhelming problem" reflected in their poll is to "educate" the American People on how the judiciary works. Of course, our respond is to say that the more the ABA tries to inform the American People on how the judiciary works, the more People will see the judiciary for what it is -- a totally corrupt and unaccountable entity that has totally run amuck with the Constitution and the laws of our nation -- men who make up laws as they go.
 
It should be quite interesting watching the ABA trying to place a good face on our nation's judiciary. Like bring gasoline to a fire, their comments will surely fan the flames of controversy, enlarging the fireline. Thousands of People with experience will rush to the front lines of the controversy to engage with the ABA. You can count on the fact that every word of the ABA will be dissected and will become the subject of another controversial subject of debate. The bottom line is, if the ABA is thinks the viewpoints of the American People are misguided, just wait until the ABA tries to clear up the problem and give the judiciary a face lift. I'm looking forward to this engagement. In reality, the ABA will draw more attention to the answer found at <Federal J.A.I.L.> located above in this heading.
                                                                -Ron Branson, J.A.I.L. CIC.
 

Half of U.S. Sees 'Judicial Activism Crisis'
http://www.abanet.org/journal/ereport/s30survey.html
  
ABA Journal Survey Results Surprise Some Legal Experts
BY MARTHA NEIL

More than half of Americans are angry and disappointed with the nation's judiciary, a new survey done for the ABA Journal eReport shows.
A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters' values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable."

The survey results surprised some legal experts with the extent of dissatisfaction shown toward the judiciary. "These are surprisingly large numbers," says Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington, D.C.

"These results are simply scary," adds Charles G. Geyh, a constitutional law professor at Indiana University School of Law in Bloomington.

The Opinion Research Corp. conducted the survey, calling 1,016 adults throughout the country in early September. Participants included 505 men and 511 women aged 18 or older. Due to the effects of Hurricane Katrina, residents of Alabama, Louisiana and Mississippi were not polled.

Calls were made to a random sample of American households. Those surveyed were asked questions about their age and education levels, and were asked to give one of six answers-strongly agree, somewhat agree, neither agree nor disagree, somewhat disagree, strongly disagree or don't know-in response to public statements criticizing the judiciary.

Fifty-six percent of the respondents strongly or somewhat agreed with the opinions expressed in each of two survey statements:

  a.. A U.S. congressman has said, "Judicial activism . seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality." (Twenty-nine percent strongly agreed and 27 percent somewhat agreed.)
  a.. A state governor has said that court opinions should be in line with voters' values, and judges who repeatedly ignore those values should be impeached. (Twenty-eight percent strongly agreed and 28 percent somewhat agreed.)
Forty-six percent strongly or somewhat agreed with the opinion expressed in a third statement:

  a.. A U.S. congressman has called judges arrogant, out-of-control and unaccountable. (Twenty-one percent strongly agreed and 25 percent somewhat agreed.)
Among the respondents, younger adults were less likely than older adults to agree with all three statements. Those with a college education were more likely to disagree with the statements than high school graduates.

Only 30 percent of respondents somewhat or strongly disagreed with the first statement and 32 percent felt the same way about the second statement. The most disagreement was reflected in the responses to the third statement, with which 38 percent took issue.

Two percent to 3 percent responded "don't know," and the remainder of the respondents neither agreed nor disagreed with the statements.

The margin of error for the survey is plus or minus 3 percentage points, at the 95 percent confidence level. Opinion Research Corp. says survey results were "weighted by age, sex, geographic region and race to ensure reliable and accurate representation of the total population."

The congressman referenced in the first question is Rep. Lamar Smith, R-Texas, who made the comment at an April 2005 rally in Washington, D.C. The governor in the second question is Matt Blunt, a Missouri Republican, who reportedly made the comment during an interview with a religious publication in May 2005. The congressman in the third question is House Majority Leader Tom DeLay of Texas, who made the comment in March 2005.

Several legal scholars responding to the survey results were startled by the numbers.

Georgetown's Tushnet says he didn't realize the level of dissatisfaction was so high. "What I had thought was the case was that there was a significantly higher residue of general respect for the courts," he says. "And these numbers suggest that that's not true."

Geyh of Indiana University says the survey suggests "a trajectory" upward in the number of people unhappy with the American judiciary-apparently simply because these critics disagree with the law that judges have a duty to apply.

The idea that judges should "somehow follow the voters' views really reflects a fundamental misunderstanding of what judges are supposed to do," he continues. "They should only be criticized when they ignore the law and start infusing their own values into the law regardless of the law."

But one legal scholar with an alternative viewpoint is not surprised. The survey results reflect the reality that "there is a lot of judicial activism under any definition," says John O. McGinnis, a professor at Northwestern University School of Law in Chicago.

"This problem has been coming for a very long time," he says. "I think, for most of [the past] century, the idea of the Constitution as a document that should be interpreted formally and without regard to the judge's own values has been under attack." Judges today also do not give due deference to legislative decisions, and too frequently strike down statutory law, he adds.

Part of the problem, too, McGinnis believes, is that legislators on both sides of the aisle are conducting judicial confirmation hearings as though the candidates' personal political views are relevant to their role on the bench. "Everyone thinks that's what [judges] do, and they just want their own values" to be reflected by the judiciary, McGinnis says.

In a written statement, Rep. Smith said judges today "seem to be promoters of a partisan agenda, not wise teachers relying on established law." As a co-equal branch of the federal government, however, the judiciary is subject to congressional oversight as part of our system of checks and balances, he continued. So "Congress is right to evaluate judges when they behave like unelected superlegislators who want to implement their own social agenda."

Spokespersons for Blunt and DeLay did not respond to requests for comment.

The survey figures did not catch ABA President Michael S. Greco by surprise, either. Instead, he views the results as further confirmation of the need for new ABA programs now under way to educate the public about how American government works, and the role played by judges in a democratic society. Judicial independence is also the subject of three feature articles in the October issue of the ABA Journal.

One of Greco's first actions after taking office in August was to appoint a Commission on Civic Education and the Separation of Powers. In his President's Message in the October Journal, Greco said the commission was created to address what he terms an "alarming increase in rhetorical and physical attacks on the judiciary." The bipartisan commission is intended to educate Americans about the role of an independent judiciary in U.S. government.

A poll commissioned by the ABA in July from Harris Interactive showed a "shocking" 40 percent of respondents could not correctly identify the three branches of government, Greco wrote.

The commission will help rectify this situation, Greco says, in two ways: First, it will "find out why it is that half the people polled don't know how their government works." Second, it will work with teachers' groups to address "this sorry state of civic education."

Greco hopes to bring lawyers throughout the country into the nation's schools on Law Day as part of a larger program of civic education about the separation of powers and the role of the judiciary. "This is in the preliminary stages, but the thought is, around Law Day, have a program that is carried on C-Span and perhaps beamed into every school in the country."

Held on May 1 each year, Law Day is recognized as a time to focus on how the rule of law makes democracy possible.

Robert H. Rawson Jr., a Cleveland lawyer who chairs the commission, emphasizes that these educational efforts will be nonpartisan. "Our objective is not to get into the politics of judicial selection, but rather to fill what appears to be a gap in general public understanding of the fundamental role of a judge," he says, and "restore what needs restoring-the confidence and trust of the American public in the judiciary."

The commission has two honorary co-chairs: retiring U.S. Supreme Court Justice Sandra Day O'Connor and former U.S. Sen. Bill Bradley of New Jersey.

The October ABA Journal includes three features on judicial independence:

  a.. A roundtable discussion by legal experts on recent attacks on the judicial branch.
  b.. A look at hot-button cases that are raising the hackles of the American public.
  c.. A report on how Serbia is addressing issues of judicial independence and the rule of law in its effort to enter the European Union.
©2005 ABA Journal


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><


#998 From: <victoryusa@...>
Date: Thu Oct 6, 2005 8:25 am
Subject: * * * Time To Open The Process To Public Scrutiny * * *
jail4judges_...
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J.A.I.L. News Journal
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Los Angeles, California                                               October 5, 2005

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Time To Open The Process
To Public Scrutiny
(Important - See Ron Branson's expose below this article)
 
MontereyHerald.com
Posted on Sat, Oct. 01, 2005

THE HERALD'S VIEW

Rutledge case damages public trust

The District Attorney's Office has done a commendable job investigating Traffic Commissioner Richard Rutledge -- finding that he broke the public trust even if he didn't quite break the law by dismissing tickets for friends and friends of friends. But while Rutledge has resigned, the job isn't done.

Among other things, the judicial system needs to rebuild public confidence, something it can do only if it opens the rest of the process to public scrutiny. Traffic court may be the lowest level of the system, but it's the level the general public deals with more than any other. If traffic court is about who you know, what does that say about the higher reaches of the courts?

Recipients of Rutledge's judicial generosity included a traffic court employee, a former employee, husbands of two employees, the husband of a district attorney's employee and a judge. The District Attorney's Office hasn't named names, though, and hasn't made it clear how much of a role some of them played in seeking favor.

Also unanswered is why it took a spurned lover to make it public, and why someone else in the system didn't sense that something was wrong in Rutledge's Marina courtroom.

District Attorney Dean Flippo concluded that Rutledge hadn't committed a prosecutable crime. A California appellate court ruled in 1987 that judges, unlike other officeholders, can't be prosecuted for failing to disqualify themselves when they should. If Rutledge had taken money or plotted with others, he could have been charged with obstruction of justice. Sue Stryker, a tenacious investigator for the district attorney, found no such evidence.

Appropriately, Flippo announced Thursday that he would pack up Stryker's reports and send them on to Stephen Sillman, presiding judge of the Monterey County Superior Court, for further investigation. He also said the names wouldn't be released because of the court's investigation and because state judicial rules require that such details remain confidential "until disciplinary action is ordered by the court."

But with Rutledge already resigned, it isn't likely there will be any disciplinary action, at least against him. So does that mean the paperwork stays in a locked file forever?

And who will decide whether to release the information? The same court system that hired Rutledge and supervised some of the others mentioned in the reports? The judge whose speeding ticket was dismissed by Rutledge?

For various reasons, some legal and some political, the system won't be eager to air any more dirty laundry by making the paperwork public. The decision-makers may cite state law that allows law enforcement investigations to remain private -- allows, but not mandates. The court system also might try to say, as it did Friday when asked for a copy of Rutledge's resignation letter, that "all personnel matters are confidential."

But that isn't really the case, and it shouldn't be the case, especially if they are personnel matters that involve public employees and the public trust.


Re: Traffic Courts:
 
Once J.A.I.L. becomes in effect, there is little doubt that all traffic courts, as we know them, will cease to function for the following reasons:  When a traffic officer pulls you over, the moment he pulls out his ticket book and begins to write, he conduct is prescribed by all the Fourth Amendment criminal processes. For instance, he must take the person he just stopped before a magistrate for a Probable Cause hearing in which a determination of the lawfulness of the stop must be decided as certain as if he had arrested the person and placed handcuffs on them. (Most cops do not know the constitutional mandates I am telling you, and the system is not about to educate them on it.)
 
But what the cop is trained to do is attempt to make it easy for himself by seeking your signature on a "promise to appear" for the purpose of  excusing himself from complying with the Fourth Amendment, otherwise he would just have to let you go, and he does not what to do that.
 
And when you do make your appearance as your promised, you are not taken in front of a magistrate for a Probable Cause hearing as required by the Fourth Amendment, but rather in front of a commissioner who "assumes" jurisdiction to conduct an arraignment. But so doing they omit a magistrate, the P.C. process, the prosecutor, and the verified accusatory pleading, all of which is essential to proceeding with the entering of a plea. Without these processes there is nothing in which to enter a plea to. In effect, there are no charges, there is no judge, and there is no defendant. In reality, everyone in the traffic "court" is just play-acting like children playing doctor, patient, and nurse. Such a "court" could be just as well play-acted out at Joe's garage after hours.
 
Should one enter a plea to such game-playing, the play-acting continues. The "judge" sets the "charges" for "trial," in which you must appear as promised for "trial" in which you will be without the benefit of the assistance of counsel for your defense, and without a jury, notwithstanding U.S. Const. Amend. VI,  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...and to have the assistance of counsel for his defense."
(U.S. Const., VI Amend.) You can count on being deprived of your right to a jury trial despite Art. III, Sec. 2, Clause 3, "The trial of all crimes, except in cases of impeachment, shall be by jury." The fact is, there is not one thing in a traffic "court" that is legitimate under constitutional standards. As I say, everything is purely play-acting right down to the "conviction."  I know the game well. But it will not be until the passage of J.A.I.L. that this jig will be up. There's too much $$$ involved here.
                                                                                -Ron Branson
 
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#999 From: <victoryusa@...>
Date: Wed Sep 28, 2005 8:43 pm
Subject: A More Sensible Way to Donate Funds For J.A.I.L.
jail4judges_...
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A More Sensible Way to Donate
Funds For J.A.I.L.
 
 
 
----- Original Message -----
Sent: Monday, September 26, 2005 10:21 PM
Subject: Donations
I will donate up to $10,000 for every judge you have jailed & up to $1000 for every law per each state you have enacted holding judges accountable to their sworn oath to the US Constitution & all laws of this land per Truax v Corrigan.
Pete

Dear Pete:  Here's a better suggestion.
 
What would make more sense would be if you would donate funds to help get J.A.I.L. passed in South Dakota-- that's where your support would count. You would be doing a great service to this country.
 
If you receive our emails, you know that J.A.I.L. is currently on active campaign in its first state of South Dakota for passage in 2006. Go to their website at www.SouthDakotaJudicialAccountability.com and find out how you can help and donate your money where it will be meaningful in helping all Americans, including yourself, end the judicial tyranny destroying this country. Since South Dakota will be our first state, which we have abundantly stated on the internet, there is no other state at this time having laws to hold judges accountable-- and so your offer to donate $1,000 "for every law per state" is moot.
 
Also, go to our national website at www.jail4judges.org and learn what J.A.I.L. is about. It's not about "jailing judges."  You will see from the website what "J.A.I.L." stands for. So your generous offer to donate $10,000 under the condition you state above is likewise moot. A judge may never be "jailed" under the J.A.I.L. process, but they will be held accountable to the People for willful violations of law while supposedly carrying out their judicial responsibilities. That's the mission of J.A.I.L.
 
Once we get J.A.I.L. passed in South Dakota, other states will follow. Several others, we're told, are also aiming to get J.A.I.L. on the 2006 ballot and so we may have more than one state having J.A.I.L. on the ballot in 2006. But for now, we're concentrating on South Dakota and the prospect looks very good. Pete, that's where we need your financial support. Be part of the Victory Team of South Dakota!
 
 
Thank you!
 
-Barbie
 
WE NEED EVERYONE'S HELP IN SOUTH DAKOTA, WITH DONATIONS, COLLECTING SIGNATURES, AND SPREADING THE WORD ANY WAY YOU CAN. THE SIGNATURE GATHERING CAMPAIGN IN CURRENTLY UNDER WAY UNTIL NOVEMBER 6 --JUST A LITTLE MORE THAN A MONTH AWAY. WE ARE ENCOURAGED BY THE PROGRESS MADE SO FAR AND URGE EVERYONE TO PARTICIPATE IN THIS CAUSE. PLEASE GO TO www.SouthDakotaJudicialAccountability.com FOR DETAILS AND INFORMATION. CALL THE SDJA OFFICE AT (605) 231-1418 FOR IMMEDIATE CONTACT. WE THANK ALL OF YOU WHO HAVE ALREADY HELPED AND THOSE WHO ARE ACTIVELY WORKING SO HARD IN COORDINATING THIS EFFORT. REMEMBER-- A WIN IN SOUTH DAKOTA WILL BE A WIN FOR EVERY AMERICAN!
 


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 
 
 

#1000 From: <victoryusa@...>
Date: Mon Oct 3, 2005 8:32 am
Subject: Anonymous Propaganda From The Argus Leader
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                               October 3, 2005
______________________________________________________
www.SouthDakotaJudicialAccountability.org
 
Anonymous Propaganda From The Argus Leader
 
On August 28, 2005, a columnist for the Sioux Falls Argus Leader by the name of David Kranz, took a shot at the South Dakota Judicial Accountability Initiative. But what Mr. Kranz did not anticipate was that J.A.I.L. was not defenseless, and has its own media sources that reaches nearly every media source in South Dakota, (radio, newspapers, and TV) with its own national publication that extends throughout the world. As a result, David Kranz and his newspaper received a landslide of opposing responses to his article. 
 
He first attempted to respond to the tons of emails he received, but discovered that it was a total lost cause, so he tried to discount the outreach he was encountered with by writing to one reader, "This was a story about something happening in South Dakota, nowhere else." In other words, he was saying that if one was not from South Dakota, he did not have to address the challenges to his misrepresentation of truth which he published in his newspaper column.
 
I personally wrote to David Kranz and said, "So David, how do you propose to defend your published deception to a South Dakotan who writes and criticizes your article? I am curious. Some of your critics do live in South Dakota, you know. ¶ I think you are only sinking yourself deeper into the quicksand, rather than trying to extricate yourself. Inquiring minds wanna know. The world is waiting to hear from ya, David. Your reputation as a reporter is on the line. The Argus Leader's reputation is on the line. 
-Ron,  Author/Founder of SDJA/J.A.I.L."
 
David Kranz pulled his head into his shell, and became mum. I believe he suffered from shell-shock. Indeed, he realized that he was facing a national opposition to his deceptive article entitled, "Don't Like How The Court Ruled? Sue The Judge, Group Says." We pulled his entire article apart piece by piece. But we did give him that potential credit that perhaps he never read what it was he was critiquing inasmuch as the words of the Initiative directly and squarely contradicted him.
 
To date, however, outside of the above comment about being a South Dakota matter, neither our readership nor J.A.I.L. has ever heard a word from David Kranz  regarding his reputation and that of his newspaper.
 
Now comes article No. 2, from the Argus Leader, "Putting Judges on Trial For Ruling Isn't Justice," only this time the name of the columnist has been omitted, leaving no source to whom to direct a response. It is like an unsigned gossip letter written and circulated in a newspaper. Needless to say, this does not lend itself to improving the credibility of the Argus Leader. Has the Argus Leader now decided to go by way of gossip sheets bought at the check-out counters that say, "Based upon reliable sources we are told...." etc.? In this case, we do not know who was told. I just wonder if all the other media sources in South Dakota are going to respect the Argus Leader's covert reporting. Personally, I think they have lost their credibility as a news source when they intentionally practice to deceive their readership, knowing their information is false.
 
Hence, since this article fails to reveal its author, I have to conclude that it is the further dirty work of columnist David Kranz, (dkranz@...). If David Kranz will come out of his shell and identify the real author, then I will issue an apology to him, and direct the criticism toward the mystery author. But based upon Mr. Kranz's past propaganda peddling, I really doubt he is going to say anything. With this, I shall introduce the second article published October 2, 2005 by the Sioux Falls Argus Leader:   -- I am not afraid to identify myself.
 
I am Ron Branson, National J.A.I.L. Author/Founder, (VictoryUSA@...)

~~~~~~~~~~~~~~~~~~~~~~~

Putting Judges on Trial for Rulings Isn't Justice
Sioux Falls Argus Leader
Article Published: 10/2/05

In his Aug. 28 Argus Leader column, David Kranz reports "(a) judge could go to jail for handing down a ruling in South Dakota that someone disagreed with if an effort is successful to put the Judicial Accountability Initiative Law (J.A.I.L.) on the ballot" in the next election cycle.

Kranz further reports that if J.A.I.L. is enacted into law, a "grand jury, selected from a pool of registered voters ... would be seated" to adjudicate citizen civil and criminal complaints against judges.

In justification of the vigilante thrust of J.A.I.L. to override the rule of law as decided by the judiciary, J.A.I.L. spokesperson Allen Unruh proclaims, "I think judges all over the country are getting out of control. Our forefathers devised a system of checks and balances, but never for judges doing what they are doing reinterpreting the Constitution and undermining the people."

At the bedrock of "checks and balances" is the inherent right of the judiciary to adjudicate the constitutionality of legislative acts and executive orders. That was determined by Marbury v. Madison in 1803.

If enacted - a law that empowers a grand jury to pierce the veil of judicial immunity and therewith expose judges to civil lawsuits for financial damages and grand jury indictments for criminal charges - J.A.I.L. will not preserve the checks and balances as devised by our forefathers as disingenuously proclaimed by Unruh.

It instead will so subvert the independence of our judiciary as to destroy the constitutional checks and balances between the legislative, executive and judicial branches of South Dakota government.

With the passage of J.A.I.L., Unruh makes the dire prediction that "South Dakota will be the first to challenge Roe v. Wade, to throw judges in jail if they violate the Constitution. There will be a grand jury if they legislate from the bench."

While, given the formidable political strength and extensive geographical outreach of the anti-choice activists who now are networking in South Dakota opposition to a woman's right to an abortion, J.A.I.L. will, in all probability, get the 33,450 signatures required to put it on the ballot for Nov. 7, 2006.

It is my prediction that at least 60 percent of the voters will vote "no" to the adoption of J.A.I.L. as law, so as to preserve judicial immunity and therewith insure independence of our judiciary and historical checks and balances between our three branches of government.

Should in the improbable event J.A.I.L. be enacted into law by majority vote, it is my opinion as a civil rights lawyer that J.A.I.L. will by our judiciary be held to be unconstitutional, as J.A.I.L. on its face clearly abrogates the rule of law.

J.A.I.L. would work such anarchy within our system of government that it should be summarily rejected by every clear-thinking voter in South Dakota.


It should be noted that J.A.I.L. is a national grassroots organization that is composed of many people from all walks of life, including Republicans, Democrats and every political party. We have people from the left and from the right.

Our policy within J.A.I.L. is that everyone within J.A.I.L. should advance the cause of J.A.I.L. without seeking my express permission. If there are any misstatements about the policy of J.A.I.L. we shall deal with them as they arise. Obviously, my being the Author/Founder of J.A.I.L., it is I who ultimately must establish the formal position of J.A.I.L. In that endeavor, everyone at the first stage of speaking on behalf of J.A.I.L. is a "spokesman" for J.A.I.L.

WE NEED EVERYONE'S HELP IN SOUTH DAKOTA, WITH DONATIONS, COLLECTING SIGNATURES, AND SPREADING THE WORD ANY WAY YOU CAN. THE SIGNATURE GATHERING CAMPAIGN IN CURRENTLY UNDER WAY UNTIL NOVEMBER 6 --JUST A LITTLE MORE THAN A MONTH AWAY. WE ARE ENCOURAGED BY THE PROGRESS MADE SO FAR AND URGE EVERYONE TO PARTICIPATE IN THIS CAUSE. PLEASE GO TO www.SouthDakotaJudicialAccountability.com FOR DETAILS AND INFORMATION. CALL THE SDJA OFFICE AT (605) 231-1418 FOR IMMEDIATE CONTACT. WE THANK ALL OF YOU WHO HAVE ALREADY HELPED AND THOSE WHO ARE ACTIVELY WORKING SO HARD IN COORDINATING THIS EFFORT. REMEMBER-- A WIN IN SOUTH DAKOTA WILL BE A WIN FOR EVERY AMERICAN!

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash,
http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at
http://groups.yahoo.com/group/jail4judges/join
Get involved at
JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

 
 

 

#1001 From: <victoryusa@...>
Date: Thu Oct 6, 2005 11:19 pm
Subject: How Don't Ya Like It?
jail4judges_...
Send Email Send Email
 
How Don't Ya Like It?
(By Kevin Brady - NY JIC - kptbrady@...)
 
We gotta hand it to some of our ingenious JAILers who come up with some marvelous ideas. The following is JIC Kevin Brady's.
                                                                                  - Ron Branson
~~~~~~~~~~~~~~~~~~~~~~~
 
From: kpat
Sent: Monday, October 03, 2005 6:35 AM

 
Here's a fun idea for those who are still 'on the front lines';
those who are handling their own cases, KNOWING that America's judges would rather EAT ROADKILL than to even consider ruling in favor of a pro se.
 
I have begun to 'cover' my motion papers (those fancy backing pages every lawyer uses) with the J.A.I.L statute.  Using 9 pt font, I can squeeze it onto two 8 1/2 x 14 " pages with a 2" margin at the top and bottom.
 
That way I can fold it over the top to cover the staples of the motion papers so as to protect the judge and opposing counsel
from suffering injury due to an errant staple. (They cut and bleed rather easy you know)
 
Hey! How thoughtful am I, huh?
 
Just a little idea in tribute to the writer who once wrote:
'If ya ain't having fun, ya ain't doin it right'.
 
KPat Brady
JIC (Rochester) New York
 
Congratulations to you, Kevin. -R
 


J.A.I.L. News Journal
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The regular readers of J.A.I.L. News Journals have oft heard the statement that J.A.I.L. will one day eventually encompass this entire country from sea to shining sea, as is also announced on our website at http://www.jail4judges.org/national_001.htm.
 
Nothing makes a point like one's opposition, and in this case, it is the American Bar Association, to wit, "Half of U.S. Sees 'Judicial Activism Crisis.' "  In other words, according to a poll conducted by the ABA, half of America sees the judiciary for what it is, an unaccountable entity in need of oversight outside and beyond itself. While this ABA article says nothing directly to confirm J.A.I.L.'s claim that it will one day encompass all America, it does layout the very reason why this will be so.
 
The American Bar Association's answer to this "overwhelming problem" reflected in their poll is to "educate" the American People on how the judiciary works. Of course, our respond is to say that the more the ABA tries to inform the American People on how the judiciary works, the more People will see the judiciary for what it is -- a totally corrupt and unaccountable entity that has totally run amuck with the Constitution and the laws of our nation -- men who make up laws as they go.
 
It should be quite interesting watching the ABA trying to place a good face on our nation's judiciary. Like bring gasoline to a fire, their comments will surely fan the flames of controversy, enlarging the fireline. Thousands of People with experience will rush to the front lines of the controversy to engage with the ABA. You can count on the fact that every word of the ABA will be dissected and will become the subject of another controversial subject of debate. The bottom line is, if the ABA is thinks the viewpoints of the American People are misguided, just wait until the ABA tries to clear up the problem and give the judiciary a face lift. I'm looking forward to this engagement. In reality, the ABA will draw more attention to the answer found at <Federal J.A.I.L.> located above in this heading.
                                                                -Ron Branson, J.A.I.L. CIC.
 

Half of U.S. Sees 'Judicial Activism Crisis'
http://www.abanet.org/journal/ereport/s30survey.html
  
ABA Journal Survey Results Surprise Some Legal Experts
BY MARTHA NEIL

More than half of Americans are angry and disappointed with the nation's judiciary, a new survey done for the ABA Journal eReport shows.
A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters' values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable."

The survey results surprised some legal experts with the extent of dissatisfaction shown toward the judiciary. "These are surprisingly large numbers," says Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington, D.C.

"These results are simply scary," adds Charles G. Geyh, a constitutional law professor at Indiana University School of Law in Bloomington.

The Opinion Research Corp. conducted the survey, calling 1,016 adults throughout the country in early September. Participants included 505 men and 511 women aged 18 or older. Due to the effects of Hurricane Katrina, residents of Alabama, Louisiana and Mississippi were not polled.

Calls were made to a random sample of American households. Those surveyed were asked questions about their age and education levels, and were asked to give one of six answers-strongly agree, somewhat agree, neither agree nor disagree, somewhat disagree, strongly disagree or don't know-in response to public statements criticizing the judiciary.

Fifty-six percent of the respondents strongly or somewhat agreed with the opinions expressed in each of two survey statements:

  a.. A U.S. congressman has said, "Judicial activism . seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality." (Twenty-nine percent strongly agreed and 27 percent somewhat agreed.)
  a.. A state governor has said that court opinions should be in line with voters' values, and judges who repeatedly ignore those values should be impeached. (Twenty-eight percent strongly agreed and 28 percent somewhat agreed.)
Forty-six percent strongly or somewhat agreed with the opinion expressed in a third statement:

  a.. A U.S. congressman has called judges arrogant, out-of-control and unaccountable. (Twenty-one percent strongly agreed and 25 percent somewhat agreed.)
Among the respondents, younger adults were less likely than older adults to agree with all three statements. Those with a college education were more likely to disagree with the statements than high school graduates.

Only 30 percent of respondents somewhat or strongly disagreed with the first statement and 32 percent felt the same way about the second statement. The most disagreement was reflected in the responses to the third statement, with which 38 percent took issue.

Two percent to 3 percent responded "don't know," and the remainder of the respondents neither agreed nor disagreed with the statements.

The margin of error for the survey is plus or minus 3 percentage points, at the 95 percent confidence level. Opinion Research Corp. says survey results were "weighted by age, sex, geographic region and race to ensure reliable and accurate representation of the total population."

The congressman referenced in the first question is Rep. Lamar Smith, R-Texas, who made the comment at an April 2005 rally in Washington, D.C. The governor in the second question is Matt Blunt, a Missouri Republican, who reportedly made the comment during an interview with a religious publication in May 2005. The congressman in the third question is House Majority Leader Tom DeLay of Texas, who made the comment in March 2005.

Several legal scholars responding to the survey results were startled by the numbers.

Georgetown's Tushnet says he didn't realize the level of dissatisfaction was so high. "What I had thought was the case was that there was a significantly higher residue of general respect for the courts," he says. "And these numbers suggest that that's not true."

Geyh of Indiana University says the survey suggests "a trajectory" upward in the number of people unhappy with the American judiciary-apparently simply because these critics disagree with the law that judges have a duty to apply.

The idea that judges should "somehow follow the voters' views really reflects a fundamental misunderstanding of what judges are supposed to do," he continues. "They should only be criticized when they ignore the law and start infusing their own values into the law regardless of the law."

But one legal scholar with an alternative viewpoint is not surprised. The survey results reflect the reality that "there is a lot of judicial activism under any definition," says John O. McGinnis, a professor at Northwestern University School of Law in Chicago.

"This problem has been coming for a very long time," he says. "I think, for most of [the past] century, the idea of the Constitution as a document that should be interpreted formally and without regard to the judge's own values has been under attack." Judges today also do not give due deference to legislative decisions, and too frequently strike down statutory law, he adds.

Part of the problem, too, McGinnis believes, is that legislators on both sides of the aisle are conducting judicial confirmation hearings as though the candidates' personal political views are relevant to their role on the bench. "Everyone thinks that's what [judges] do, and they just want their own values" to be reflected by the judiciary, McGinnis says.

In a written statement, Rep. Smith said judges today "seem to be promoters of a partisan agenda, not wise teachers relying on established law." As a co-equal branch of the federal government, however, the judiciary is subject to congressional oversight as part of our system of checks and balances, he continued. So "Congress is right to evaluate judges when they behave like unelected superlegislators who want to implement their own social agenda."

Spokespersons for Blunt and DeLay did not respond to requests for comment.

The survey figures did not catch ABA President Michael S. Greco by surprise, either. Instead, he views the results as further confirmation of the need for new ABA programs now under way to educate the public about how American government works, and the role played by judges in a democratic society. Judicial independence is also the subject of three feature articles in the October issue of the ABA Journal.

One of Greco's first actions after taking office in August was to appoint a Commission on Civic Education and the Separation of Powers. In his President's Message in the October Journal, Greco said the commission was created to address what he terms an "alarming increase in rhetorical and physical attacks on the judiciary." The bipartisan commission is intended to educate Americans about the role of an independent judiciary in U.S. government.

A poll commissioned by the ABA in July from Harris Interactive showed a "shocking" 40 percent of respondents could not correctly identify the three branches of government, Greco wrote.

The commission will help rectify this situation, Greco says, in two ways: First, it will "find out why it is that half the people polled don't know how their government works." Second, it will work with teachers' groups to address "this sorry state of civic education."

Greco hopes to bring lawyers throughout the country into the nation's schools on Law Day as part of a larger program of civic education about the separation of powers and the role of the judiciary. "This is in the preliminary stages, but the thought is, around Law Day, have a program that is carried on C-Span and perhaps beamed into every school in the country."

Held on May 1 each year, Law Day is recognized as a time to focus on how the rule of law makes democracy possible.

Robert H. Rawson Jr., a Cleveland lawyer who chairs the commission, emphasizes that these educational efforts will be nonpartisan. "Our objective is not to get into the politics of judicial selection, but rather to fill what appears to be a gap in general public understanding of the fundamental role of a judge," he says, and "restore what needs restoring-the confidence and trust of the American public in the judiciary."

The commission has two honorary co-chairs: retiring U.S. Supreme Court Justice Sandra Day O'Connor and former U.S. Sen. Bill Bradley of New Jersey.

The October ABA Journal includes three features on judicial independence:

  a.. A roundtable discussion by legal experts on recent attacks on the judicial branch.
  b.. A look at hot-button cases that are raising the hackles of the American public.
  c.. A report on how Serbia is addressing issues of judicial independence and the rule of law in its effort to enter the European Union.
©2005 ABA Journal


J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><


#1002 From: <victoryusa@...>
Date: Fri Oct 7, 2005 8:38 pm
Subject: * Do Evil and Get a Paid Vacation *
jail4judges_...
Send Email Send Email
 
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Do Evil and Get a Paid Vacation
 
We have often heard the phrase, "There is no good deed that shall go unpunished." According to the below report by Judicial Watch, one might also argue the opposite, "There is no evil deed that shall go unrewarded."
 
I have personally noted in our own cases that only the particularly evil judges are promoted upward to higher positions, and thus, receive higher pay. One judge in the Branson case asked the defendant County of Los Angeles, for whom he worked as a judge, as to what the Branson argument was. The answer from the county was that there was nothing to hear. The issue before the judge was the denial of due process to a hearing. This judge was eventually sued in Federal court for covering up for the County of Los Angeles. The judge's punishment - he was promoted to the Court of Appeals.
 
In the same case, another judge on the appellate court covered up for the corruption of the County of Los Angeles. This judge's punishment - he was promoted to the State Supreme Court during the appeals time, and was in the position of hearing his own decision below. 
 
The bottom line was that there was never a hearing, and the County of Los Angeles got away with it, although the law clearly mandated a hearing under Civil Service Rules. The argument by the County of Los Angeles all along was that the "Branson" case threatened the entire infrastructure of the County of Los Angeles, i.e., the exposure is too hot to handle, so deny it, and keep it covered up.
 
Below, we have a Florida judge by the name of James Henson who was removed from the bench for misconduct. His punishment - take a paid vacation. He not only received an eight-month paid vacation from the bench, but he is also making what he would have received if he would had worked. But, catch this, he also received a raise in his salary while on this disciplinary "vacation," with the tax-payers picking up the bill. How would you like to be thrown out of work, given an eight-month paid vacation with a raise in salary?   -Ron Branson - VictoryUSA@...
 
 



 

September 22, 2005

Judge Rewarded For Misconduct?

An Orlando Florida circuit judge was removed from the bench eight months ago for judicial misconduct yet he has been collecting his regular annual salary of $139,497 to stay home and go golfing.

A Judicial Qualifications Commission found Orange Circuit Judge James Henson guilty of taking on a criminal-defense client while he was still a sitting county judge in late 2000 and then, as a private attorney, advising that same client to flee the country to avoid prosecution. The case involved two DUI manslaughter charges.

After being suspended, Henson even received a judicial raise that kicked in earlier this summer and taxpayers have so far shelled out nearly $50,000 to pay for the senior judges that make $300 to $350 a day to hear Henson?s cases.

How did this all happen? This outrageous agreement was never sanctioned by a court or approved by a judicial administrator. In fact, Henson avoided risking formal suspension by simply agreeing to take an extended leave.

The Florida Supreme Court is scheduled to hear oral arguments in Henson's judicial misconduct case this month, but his sweet deal is not expected to end anytime soon. That is because the state's high court typically takes six months after hearing oral arguments to decide issues such as the removal of a judge.

Posted by Irene at September 22, 2005 04:39 PM  

 
 
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash,
http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at
http://groups.yahoo.com/group/jail4judges/join
Get involved at
JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

#1003 From: <victoryusa@...>
Date: Mon Oct 10, 2005 11:40 pm
Subject: Endorsing South Dakota J.A.I.L.
jail4judges_...
Send Email Send Email
 
 
J.A.I.L. News Journal
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Go, South Dakota, Go!
______________________________________________________
 
Endorsing South Dakota J.A.I.L.
 
To All Businesses and Organizations:
 
We realize that we have many business owners and organizations that receive our mailings. Having viewed the South Dakota website at the Endorsements page (see URL above), it dawned on us that we have a wonderful opportunity to extend our welcome to those of you who own businesses or lead organizations to plug South Dakota J.A.I.L. with your endorsement which will, conversely, serve as a plug for your own company.
 
The Endorsements page has just begun and we would like to send a message across the country that J.A.I.L. is endorsed from all walks of life and from all areas of the U.S. (J.A.I.L. isn't just a "South Dakota thing").
As we've been saying
"A win in South Dakota is a win for All America!"
 
"Still, if you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival.  There may even be a worse case.  You may have to fight when there is no hope of victory, because it is better to perish than live as slaves." 
                                                                   ~~  Winston Churchill
 

 
We need everyone's help in South Dakota, with donations, collecting signatures, and spreading the word any way you can. The signature gathering campaign is currently under way until the beginning of November-- a little more than a month away. We are encouraged by the progress made so far and urge everyone to participate in this cause. Please go to www.SouthDakotaJudicialAccountability.com for details and information. Call the SDJA office at (605) 231-1418 for immediate contact. We thank all of you who have already helped and those who are actively working so hard in coordinating this effort.
 REMEMBER-- A WIN IN SOUTH DAKOTA
IS A WIN FOR EVERY AMERICAN!

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 
 

#1004 From: <victoryusa@...>
Date: Tue Oct 11, 2005 9:09 pm
Subject: *** J.A.I.L. Is NOT Part Of The Court System ***
jail4judges_...
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J.A.I.L. News Journal
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J.A.I.L. Is NOT Part of
the Court System
Therefore, J.A.I.L. Cannot Promote Court Procedures
(J.A.I.L.'s response follows below)
October 7, 2005

 

Ron Branson

J.A.I.L.4judges

 

            This is in response to your recent article, “Traffic Courts”.  You have provided some good and valid information in this piece, but you end it by saying that this jig will not be up until the passage of J.A.I.L. because there is too much money in it.  We admire the objectives of J.A.I.L., but we strongly disagree that the fraudulent, deceptive and criminal actions of the court cannot be stopped now, because we have stopped those unconstitutional courts by our group’s winning over 300 victories in New Mexico courts, without any losses.  Our methods are based in and supported by the Constitution.  We have attempted, on many, many occasions, to share our methods with your members and to support the J.A.I.L platform, but you have never responded, once, to our E-mails.

 

            When I was foreman of the San Miguel County grand jury and exposed the blatant fraud in that corrupt system, you did respond and you published my material.  I am extremely perplexed that you are not willing to publish Constitutionally based methods that win each and every time in court and which methods would greatly advance the position of J.A.I.L. for all states and help your members win cases now.  Our methods work in New Mexico and can work anywhere, but only with those serious and patriotic Citizens who are willing to do the work and really want to win their cases and defeat this evil, corrupt system called American government, in ALL its forms.

 

            In reference to your article, we have a few comments that may reinforce your lawful positions.  In the first place, any stop or detention by government is an arrest.  Any time government stops or detains a Citizen, a complaint must have been made by a party injured by actions of the arrested Citizen.  If no complaint was made by an injured party, then the arrest is unlawful and unconstitutional.  All government officers are required to take oaths to support the Constitution, thus, by the actions of the fraud acting as officer, he/she, in making this arrest, without complaint, perjured his oath, violated the Constitution and powers and Rights guaranteed therein to American Citizens.  Thus, pursuant to the 14th Amendment, and the self-executing Sections 3 and 4, the fraud and imposter acting as officer immediately vacated his office upon his criminal actions, and is entitled to no benefits of his former office, including salary and pension.  This action extends to the customs and practices of the entire police department in which the city/municipality is located and all its public officers.

 

            Further, most states, if not all, require all public officers, including police, to have, by law, surety bonds or faithful performance bonds, which assures the faithful performance of duty by the officer.  This has nothing to do with liability insurance.  The bond assures the state and its Citizens that the officer will perform his duties pursuant to his oath, and if he does not, when the bond is called, a monetary payment is made to either the state or the Citizen injured by the officer's actions.  However, be fully aware that most states do not abide by their own surety bond laws, thus they do not follow their own laws, yet hold the Citizens strictly to the “law”.  When states do not follow their own laws, that amounts to, including, but not limited to, fraud, with intent to deceive.  Most states also have laws that prohibit public funds from being expended on illegal government actions, yet this happens each and every day and it seems that very few people take any effective action to stop it.  We do.

 

            For those who may say, in spite of what is stated above, that the police have the right to stop Citizens from illegal driving activities, please be aware of the definition of “driving”, as defined in federal law, and adopted by many states.  Driving is defined as “driving a commercial motor vehicle”.  Most Citizens TRAVEL, not drive, in their own private automobiles or motor conveyances, and do not “drive” commercial motor vehicles.  A law must be valid to exist, and must exist to be enforced.  All laws created for the American People by congress, or any other body, must conform with the Bill of Rights, or those “laws” are invalid, unconstitutional, and without force or effect, whatsoever.  However, if you do not know and demand your Rights, you have none.  By the states using this definition of “driving”. then arresting and citing Citizens for driving “offenses”, etc., the states are either citing Citizens for alleged violations of laws which do not lawfully exist, or misapply existing law.  In either case, it is fraud, with intent to deceive the Public.  The states are converting Constitutional Rights into privileges, then regulating them, and incredibly, the Citizens allow it.

 

            Any action by government which begins as a violation of due process of law, or of the Fourth Amendment, or any powers of and Rights guaranteed in the Constitution to American Citizens, or fraud, deceit, with intent to defraud the People, is unconstitutional, unlawful, and such action brought by government to “court” and heard by that court furthers the criminal actions by government, condoned by the court.  Simply for the court to hear such actions demonstrates that the court, on its own, and pursuant to the oath of the presiding judge, is unconstitutional, devoid of due process of law, forfeits any perceived jurisdiction, and any rulings rendered are null and void, without force or effect, whatsoever, upon American Citizens.  Merely for the presiding imposter acting as “judge” to sit in such a court is treason.              

 

            Fraud abounds in the American judicial system, and a Citizen must be aware of it to protect himself.  If he is not, then he will lose.  Most People think of themselves as U. S. citizens, not American Citizens, and there is a major difference.  American Citizens have full Rights guaranteed in the Constitution, and U. S. citizens do not.  When an American Citizen goes to court and knows and demands his Rights, knows and points out the fraudulent nature of the court, challenges its jurisdiction, and the Constitutional duty of the fraud acting as judge, that Citizen is virtually assured of victory.  However, when the U. S, citizen goes to court, unaware of the reality of that court, he is virtually assured defeat.  For victory, the nature of the beast must be fully understood.

 

            As previously stated, what is not authorized in the Constitution is prohibited.  American Citizens, not U.S. citizens, are guaranteed trial by jury, not hearing by judge.  Any hearing by judge is unlawful and unconstitutional and operates in violation of due process and Constitutional Rights, including, but not limited to, unlawful and Constitutionally unauthorized usurpation of the power of the jury.  ALL courts in America are unconstitutional courts, including the supreme court, and operate as administrative, legislative, territorial or district courts which operate under Article I and/or IV, and not Article III.  Remember, if you do not know and demand your Rights, in America, you have none.  No court has proper jurisdiction to hear any case for the American Citizen.  However, if the Citizen does not challenge the court’s jurisdiction, and accepts it, then he is subject to the rules of that accepted jurisdiction, and he loses.  Of course, the whole process is deception, but if the Citizen accepts the deception, he is part of his own problem.  As Citizens, we must be fully aware of the entire fraud in all systems, public and private, and oppose all enemies, foreign and domestic.  The domestic enemy is virtually ALL government in ALL positions.  Unless and until we, as Americans, recognize and act on this reality, America will lose.

 

            Our methods lock in the courts to the Constitution, and our Motions require the presiding fraud acting as judge to support the Constitution, specifically, the Bill of Rights, or he commits treason, by his own ruling, on the public record.  Few “judges” are willing to do this.  We win before we ever get to the subject matter. 

 

            There is much, much more we could  say on the courts, but for the sake of brevity, we shall end here.  J.A.I.L. is not the only web site to which we have sent our methods, with the same non-response.  We have sent them to over 100 web sites claiming to be advocates for the People, which mostly complain of problems in court and government, but, who, apparently, are uninterested in methods that defeat government in court.  As many of you know, government has long established “opposition" to itself, and controls that opposition, for its own benefit, while you who support the opposition are, in fact, being controlled by that government you oppose.   

         Sincerely,

 

Jack and Margy Flynn, American Citizens  

jackmargyflynn@...             


        

(J.A.I.L.'s response)
 
Dear Margy:
 
This is Barbie responding. Ron mentioned to me his consternation at not being able to satisfy you regarding J.A.I.L.'s position in reference to the current judicial system, and he's frustrated because he just hasn't the time to attend to further explanation of your perplexity. So I will attempt to respond this time.
 
You state:   I am extremely perplexed that you are not willing to publish Constitutionally based methods that win each and every time in court and which methods would greatly advance the position of J.A.I.L. for all states and help your members win cases now.
 
Please be advised that "publish[ing] constitutionally based methods that win... in court" (i.e., the current system), will not advance the position of J.A.I.L. because that is not J.A.I.L.'s position. The mission of J.A.I.L. is outside the system, not part of it. Regardless of what happens within the system, J.A.I.L. proposes to establish a means by which the People can regain their rightful authority OVER the court system, by holding judges accountable for any violations of the Constitution and laws made in pursuance thereof.
 
J.A.I.L. is designed to be a "new guard for [the People's] future security" as stated in the Declaration of Independence that the People have the DUTY to establish. When government becomes despotic (and it has), the People have the DUTY "to throw off such government and provide new guards for their future security." That's what J.A.I.L. does-- provides the means by which the People can carry out that DUTY as described. Several state Constitutions follow that principle by stating that the People have the right to alter or reform their government when the need to do so arises. That's generally in the initiative states. New Mexico is not an initiative state, as far as we know; however, it is a natural right for the People to take steps to correct the problem of judicial tyranny-- not a privilege granted by the legislature.
 
The Preamble of the J.A.I.L. Initiative states (I'll refer to the South Dakota Initiative, since that's the one active right now):   We, the People of [state], find that the doctrine of judicial immunity has the potential of being greatly abused; that when judges do abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to insure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding these provisions....."
 
It says J.A.I.L. will act "when judges do abuse their power."  If judges operating in the system don't abuse their power, then J.A.I.L. won't be involved, and won't interfere with the system. However J.A.I.L. must be in place as a "guard for [the People's] future security."  The Department of Homeland Security isn't going to provide the security we need!
 
Now-- traffic court is abusive ab initio. The entire set-up is unconstitutional. You state many points of law that are not followed by traffic courts. They're not really "courts" at all, but an administrative arm of law enforcement. Their only interest is in collecting revenue. You know that. But what you apparently don't know is J.A.I.L.'s interest-- and it's not in promoting court procedures. You state: "We admire the objectives of J.A.I.L., but we strongly disagree that the fraudulent, deceptive and criminal actions of the court cannot be stopped now," --  however whatever can stop judicial misconduct within the system now is beyond the scope of J.A.I.L. J.A.I.L. does not get involved with the system at all.
 
So please -- and this applies to everyone similarly situated-- before allowing your perplexity to get the better of you, learn what J.A.I.L. is about and what it's NOT about. J.A.I.L. gets involved only when and if the system doesn't work in a particular case, and then deals only with that case regarding whether or not the particular judge would be entitled to judicial immunity if sued in a subsequent case for acts of misconduct as stated. It doesn't get involved with court procedures in the system function. It allows the system to function as it will, with no interference. Only after the system is exhausted through all appeals does J.A.I.L. get involved IF it is alleged that the judge(s) violated specific constitutional law(s).
 
Just picture the court system as one box, and J.A.I.L. a separate independent box. The only connection between the two boxes is a litigant filing a complaint to the Special Grand Jury in the second box after exhausting all procedures of the first box. The second box (J.A.I.L.) is never part of the first box (the court system).
 
We encourage people to do whatever they can to achieve a remedy in the court system, aside from J.A.I.L. But they must understand that any court process and procedure (including traffic court, administrative court, and common law court) is separate and apart from the J.A.I.L. process. That's important to remember. We have so many frustrated people out there wanting J.A.I.L. to help them in the court process and to promote their procedures. That is not J.A.I.L.'s function, nor can it be in order to carry out its independent mission of the People! 
 
-Barbie-
 

We need everyone's help in South Dakota, with donations, collecting signatures, and spreading the word any way you can. The signature gathering campaign is currently under way until the beginning of November-- less than a month away. We are encouraged by the progress made so far and urge everyone to participate in this cause. Please go to www.SouthDakotaJudicialAccountability.com for details and information. Call the SDJA office at (605) 231-1418 for immediate contact. We thank all of you who have already helped and those who are actively working so hard in coordinating this effort.
                   
REMEMBER-- A WIN IN SOUTH DAKOTA
                        IS A WIN FOR EVERY AMERICAN
!

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><
 
 

#1005 From: <victoryusa@...>
Date: Wed Oct 12, 2005 12:23 am
Subject: * * * Portrait of America's Legal Syste, * * *
jail4judges_...
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J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                         October 11, 2005
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www.SouthDakotaJudicialAccountability.org

 

Portrait of America's Legal System As Seen From the Outside

 

Rigged courts, bribed judges, phony trials, extortion by lawyers, and over 2 million prisoners in the USA gulag
by Les Sachs, drlessachs@...
August 30, 2005
Banned in America Blogspot

[Excerpts]


.... All world citizens should know how the corrupt USA legal system, is a
danger to every traveler, visitor, and guest worker from overseas, and to every individual who takes the risky step of entering upon American territory. Just ask the overseas families of prisoners who were put to death inside the USA, with their embassies never even being informed that they were arrested - or the many foreign people serving hugely long prison terms in America, after they were jailed on flimsy tainted "evidence" from criminal snitches.

The reality is that the United States of America, which proclaims itself the "land of freedom," has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket.

The corruption of the USA legal system is well-known, but also well-hidden, by the news services of America's corporate-owned media. The US media companies are afraid both of reprisal, and of the social revolution that would come from exposing the truth. Here is what the US media companies know, but are afraid to tell you about American "justice".

Concentration camps with concrete walls

America has the largest prison gulag in the entire world - yes, right there in the USA, the self-proclaimed "land of freedom." The starting point for understanding anything about the USA, is to digest the fact that just this one country, the United States of America, has twenty-five percent of ALL of the prisoners in the entire world.

More than 2 million prisoners - more than 1 out of every 150 people in America - are behind bars in the American gulag. This is now the world's biggest system of what are effectively concentration camps, though most of these prisoners are behind masonry walls and inside prison buildings. ....

Quite amazingly, Americans and the American government, continually
criticize the legal systems and so-called "political" legal proceedings in other countries such as China, Russia, and even Belgium among many other places. Yet, for example, the proportion of prisoners is 30 times higher in the USA than in China, even though China is a country regularly criticized and denounced by the USA government.

No one imprisons people as readily, or casually, as does America. As you learn more about America's horrifying legal system, you find out how easily and carelessly America arrests people, and tosses innocent people into prison. It is estimated that America has at least 100,000 completely innocent people in jail, but the statistics of innocence may well run far higher. The number of people known to be innocent, and yet who were actually sentenced to death in recent years in America, is already running into the hundreds.

Of America's more than 2 million prisoners, about 50,000 are known to be foreign citizens. This proportion might seem small, but remember that 50,000 prisoners is more than the entire prison population of many other countries. It only appears as a small percentage, because of America's obsession with jailing its own people, who have had more time to get caught in America's web of legal horror.

The USA is extremely casual about the jailing of foreigners, and not
honouring their rights under international law or treaties and agreements. Often, foreign citizens have been sentenced to death, while the USA didn't even bother to notify the foreign government that their citizens were arrested.

Several other governments are working hard just to try and obtain even the most primitive judicial rights for their own nationals, who have been seized and held in abusive conditions by the USA empire. And yet, the United States of America somehow still brags about its own legal system, while criticizing other countries. ....

Before you set foot in America, you should have a clear picture of the terror of America's legal system - the judges and lawyers and money and bribery, that have made this system of fear so pervasive. There is not yet enough public media information about America's domestic legal horrors, horrors which have been rapidly increasing. And the American public, even the victims of its legal system, have a hard time realizing why it is so hard to fight legal corruption there. ....

Theoretically, torture and abuse is totally outlawed by America's Constitution, but some of the nice words in America's Constitution hold little power anymore, despite how often people quote them. The Americans who still believe the Constitution protects them, are mostly those people who haven't yet dealt with the judges and lawyers of America's corrupt legal system.

America's Constitution and Bill of Rights are nearly dead, not just because the judges will no longer enforce them, but even more because America's lawyers will not even fight for them. The two American "political parties" are not fighting for them, either, and America's news media are also very passive. If you look at America in depth, you can see there has been a widespread moral collapse in America's legal and political structures. This means that America's legal system has become largely a tool of government terror, and of bribery for the rich and the powerful. The average person is just fodder for the meat-grinder of America's courts.

America's lies and sleazy arguments to make excuses for torture, or to deny people the rights of the Geneva convention, or holding people for many years without charges, are also just an extension of the deviousness in America's domestic legal system. Inside America, neither its laws nor its Constitution nor the facts nor evidence nor anything else, no longer have real authority inside the American courts.

All that's left is what American lawyers and judges call "the game." As part of playing this game, USA lawyers and judges just twist words around, in order to produce any excuse, however flimsy, to achieve their objective, whether that be to jail an innocent person, or give the verdict that was sought by the big company that paid the big bribe through its law firm.

It is an endlessly devious manipulation of words and phrases to get the desired result, just devious falsehood and lies backed by the naked power of the judges. The only "real" part is the power that the judges and lawyers hold in America, to jail you and take away your property. The words of the law don't protect you in the USA, because American judges and lawyers have no scruples about bending them to mean the opposite of what they say.

America's lawyers are controlled by the judges, and don't really work for you - that's why they sell you out to the government, or to the big companies that pay bribes

There's some very special aspects about the way American lawyers are
controlled by American judges, which is central to why America's legal corruption is so much worse than any other advanced nation. Even if you are paying an American lawyer huge amounts of money, he or she doesn't really work for you, and in fact may sell you down the river to the jailhouse.

American lawyers are directly under the thumb of the judges. ... Lawyers who try to fight the system can find themselves not only dis-barred, but also criminally charged and jailed, and no other lawyer will help them. It is a horribly crooked system in America. ....

So American lawyers are afraid to do things in court, that the judges don't want them to do. America's army of nearly 1 million lawyers, is almost totally under the control of a few thousand judges, with their entrenched culture of bribery and fraud and miscarriage of justice. ....

So a totally unique factor in USA legal corruption is the amazingly
dishonest profession of American lawyers, these lawyers who "play the
game" with America’s judges and politicians and police. It is a savage culture of legal fraud, where lawyers work with judges to rob and terrify people, especially ... all those who dare to question the system. ....

You will also find, in the American legal system, that you essentially have no recourse whatsoever against wrongdoing by your own lawyer. A lawyer can sell you out, betray you, steal your money, engage in malpractice, help out the other side, hide the evidence that proved you were right, or commit felony crime against you, and there is nothing you can do about it, so long as the lawyer made the judge happy, and the judge got his cut of any money the lawyer stole from you.

 

Innocent and being arrested - they don't like to admit a mistake in America

.... The police and prosecutors in America have no concern at all whether
they have arrested someone who is innocent. They just don't care. When a crime is committed, they try to arrest somebody, anybody, just to say they got the bad guy. And they never like to admit they made a mistake. Once they arrest you, they will try to make up and plant false evidence, to help try and convict you. A common trick is to take other criminals they know, who are facing jail on other charges, and get those criminals to be false witnesses against you. The cops justify this kind of thing by saying to themselves, "Well, if you didn't commit this crime, you probably committed some other crime we don't know about."

If they do arrest you in America, they like to pile on all sorts of criminal charges. The idea is to charge you with 10 crimes, because it makes you sound bad, and maybe convict you on 3 of them or you will accept a plea bargain on 1 or 2 of them. Any kind of guilty plea, and they call it a success, even though you were totally innocent. For the police and prosecutors, it's all a kind of sporting game, so they can bring about their "high conviction rate." .... 


Multi-millionaires and big corporations, vs. everybody else

The only people who really can expect some fairness in American courts are multi-millionaires and big corporations. Nobody else really matters to American judges and lawyers.

There is a huge amount of bribery in America, perhaps even more than in the courts of any other country in the world. Even some American ex-judges have admitted the near-universality of bribery there. Nearly all bribes are given to the judges by lawyers; this is considered the safe way to bribe a judge. Bribery is rarely spoken about, just understood. Rich people pay huge amounts of money to law firms with connections, the lawyers walk around with a certain amount of cash in their jacket, and they pass it to the judges in their quiet moments together. It is mostly all cash of course. Sometimes the bribery is blatantly obvious, because of the other crimes that
lawyers and judges commit in broad daylight together. In the courtrooms you can see the judges being extremely friendly to their rich lawyer friends who pay big bribes.

As an average person, there's no real way to out-bribe a big corporation, regardless of what your lawyer promised you. That's why the big companies win so often.

American judges are very devious, and use all sorts of techniques to
prevent a victim from getting justice. Lots of judges issue gag orders, and bans on freedom of speech, to help prevent other people from finding out what is going on. Judges set up a trial in all sorts of ways, giving orders that all sorts of evidence be hidden from a jury, for example. The judge may declare, for example, that the evidence that proves you are innocent or right, will not be allowed at the trial.

Jury trials are actually very rare in America, unlike what you see in the movies. Most cases are settled through some deal or extortion or intimidation, before there is an actual trial. If there is a jury trial, they tend to stack the jury with un-educated idiots who will tend to believe whatever lies they are told by the judge and the government. If you are trying to fight a rich person in court, the judge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you start
talking. The judges have a thousand ways to rig a legal proceeding, to benefit rich people or the government.

It's no wonder so many innocent people go to prison. With the fundamental brutality and harshness of life in America, American citizens are confused and fearful, and gullible to propaganda. So, a jury in a courtroom, these people who tend to be poorly educated, will tend to go along with any lies presented by government prosecutors. In this environment of fear, the feeling of safety for the jury, comes from following the "strong" government in sending various "suspected criminals" to jail.

Yes, there are appeals courts, but these are just more judges, who are often friends with the lower court judge who originally sold you out. The appeals judges tend to go along with the lower court judge, unless you have suddenly acquired some politically powerful backing on your side.

Americans love to talk about "taking it all the way to the Supreme Court!", but this is a nearly empty hope. The U.S. Supreme Court simply refuses to consider most cases that are presented to it. .... You can find no end of
documented horror about American judges behaving like criminal
lunatics, and it is getting worse all the time.

In the Hollywood version, there are brave lawyers who will fight for your rights, to win justice for you in the American courts. In reality, you can't find an American lawyer brave enough to fight judicial corruption, even if you are innocent and the judge's friends have threatened to murder you, or to send you to jail for the rest of your life. The lawyers who used to be brave, were destroyed or intimidated, and nearly all American lawyers now submit themselves to the culture of corruption and bribery, and betraying and abandoning the people who need legal help. .... Even the lawyers who don't want to be wicked themselves, are too timid to really fight the system. At a certain point, nearly all American lawyers will hold back and abandon their clients, because they are trying to survive themselves and avoid revenge by the judges.

In the Hollywood version, the average person is also helped by the
"brave investigative reporter" at some newspaper or television
station, who shows great courage in exposing the truth, and bringing
powerful wrongdoing to face justice. However, the brave
"investigative reporter" in America is now as fictional and non-
existent as the "brave lawyer" who will fight for your rights. This
is especially true on any topic pertaining to corruption by judges
and lawyers. ....

 

America is the land of fear, as regards the legal system and the culture of corruption. Everyone involved with the USA legal system is afraid, very afraid, of stepping on the wrong toes. Even American judges themselves get driven out of office, if they don't participate in the bribery culture.

No recourse against crime and fraud by judges and lawyers in America

In reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by American judges and lawyers. All of the official complaint procedures you find on the internet, or at the courthouse or in the law books, turn out to be a joke, a farce and a fraud.

Complaints about lawyers in America, usually go to the "Bar," which is itself run by the judges who are involved in bribery with the lawyers. And complaints about judges go to other judges, their friends.

Nearly all the complaints about lawyers and judges - tens of thousands of them - are kept secret. Nearly all are dismissed or ignored. They are generally only used if the judges or politicians want to specially destroy someone - some radical minority lawyer, someone who is not playing the bribery game, somebody who has dared to expose wrongdoing. Otherwise, even criminal acts by lawyers and judges get a smiling cover-up.

You will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the judges. Even the lawyers who are broke and unemployed and desperate for work, are too scared to sue another lawyer. (Special caution: Lawyers may make false promises to you about suing another lawyer, cash your checks and steal your money, and then refuse to help you. And then you will have another lawyer who wronged you.) ....

 

It's getting worse and worse in America all the time. As the judges and lawyers can get away with committing crimes, they are getting more open and blatant, committing felony crimes in broad daylight, because they know no one will stop them or bring them to account. ....

The growing American nightmare

No one should ever again be fooled by USA propaganda about being the
"land of freedom". Those who are thinking of traveling to, visiting, or working in America, should think again. It might not be worth the risk of being in a country that has one of the most crooked legal systems in the world.

__________________


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"..it does not require a majority to prevail, but rather an irate, tireless
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"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 


#1006 From: <victoryusa@...>
Date: Tue Oct 11, 2005 5:45 pm
Subject: *** Consider The Source ***
jail4judges_...
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Consider The Source
(Controverting the South Dakota Bar Association)
(Official J.A.I.L Response to Mr. Barnett)
 
 
Forum, 10-8:
 
J.A.I.L. is unnecessary
By Tom Barnett, secretary-treasurer and executive director
of the State Bar of South Dakota.

PIERRE - There is an initiated constitutional amendment circulating South Dakota entitled "Judicial Accountability Initiative Law" (J.A.I.L.). While purporting to provide remedies for citizens victimized by activist judges ignoring the law and constitution, it is anything but that. Quite simply, it is an attack on our Legislature, judiciary and state and local citizen boards. So, before you decide whether to sign the petition, read it carefully.

Proponents admit that South Dakota does not have problems with its judges but that this initiated measure is designed to make sure that there is a remedy should abuses start to occur.

It isn't necessary. South Dakota judges are subject to being voted out of office by our citizens. In addition, our citizens have an absolute right to reject a particular circuit judge from sitting on a case where a party has concerns that he or she will be treated unfairly. Unlike other states where appeals to the Supreme Court are limited, in South Dakota all parties have an absolute right to appeal a judge's decision to our Supreme Court. Ethical violations by a judge are investigated by the Judicial Qualifications Commission - a constitutionally created body charged with judicial oversight. In other words, in case a problem arises in the future, South Dakotans already enjoy many protections against alleged abusive judges.

What's wrong with the initiated measure? It is expensive. Its funding formula would create an annual budget in excess of $2.5 million - ultimately paid in additional fees by South Dakota taxpayers. While being promoted as a check against an abusive judiciary, J.A.I.L. reaches much further. It covers all persons shielded by judicial immunity. Every school board, city council, county commission, professional licensing boards, in fact, every citizen board in South Dakota exercises limited quasi-judicial powers and thus would be subject to being sued under J.A.I.L.

A bad doctor could sue members of the state medical board for denial or revocation of medical license. A bad teacher could sue individual members of the local school board for terminating his or her teaching employment.

Under J.A.I.L., the special grand jury is empowered to rule on the law and the facts. In other words, it is a super-legislature having the power to overrule the Legislature, decide which laws (or constitutional provisions) to enforce or ignore and then also decide the facts.

While J.A.I.L. purports to rein in activist judges creating judge-made laws, it would create a special grand jury with the power to reject laws enacted by the Legislature. Even judges and citizen boards strictly complying with South Dakota law could be subjected to lawsuits.

Perhaps the most disturbing aspect of J.A.I.L. is that it is decidedly anti-law enforcement. It would allow convicted drug dealers, child pornographers, felony drunk drivers and a multitude of other convicted felons to serve on the special grand jury and decide whether a judge or member of a citizen board can be sued. In fact, while the measure prohibits any member of law enforcement from sitting on the grand jury, it would permit a convicted felon currently imprisoned to serve on the jury at a daily pay of $387. That's absurd.

At any given time, there are approximately 3,100 prisoners in the South Dakota correctional system. On any given day, there are approximately 1,100 prisoners in our county jails. Every one of these are sitting in jail by order of a judge. Every one of these people have both the time and the motivation to sue, or punish the judge who sentenced them. J.A.I.L. would empower every one of these convicts or prisoners to use this proposal to sue the judge.

Consider the following if the J.A.I.L. is approved: Our Legislature establishes sentencing minimums and maximums. If a judge gives a defendant a very strict sentence, the convict sues. If a judge gives a more lenient sentence, a victim or citizen upset with the sentence sues. If a judge hands down a sentence somewhere in between - both sue.

Frankly, criminals already have enough rights. They don't need more rights and that's precisely what J.A.I.L. gives them.


(J.A.I.L.'s Response)

Introduction
It is our pleasure to address you, Mr. Barnett, as the secretary-treasurer and executive director of the South Dakota State Bar Association, in response to your criticism of the South Dakota J.A.I.L. Amendment. Your first advice is given in the final sentence of the first paragraph which says, "So, before you decide whether to sign the petition, read it carefully."  But apparently you fail to follow your own advice, Mr. Barnett, for you state things that are diametrically opposed to the clear wording of the Initiative you are critiquing. Hence, your conclusion that "J.A.I.L. is unnecessary" is no more truthful than your false premises upon which it is based.
 
In responding to your critique which follows no logical order of subject matter, we are categorizing the subjects under headings in a logical flow for clarity and coherence. Your critique, as will be shown, is nothing more than propaganda designed to deceive and scare the public which is the typical modus operandi in opposing the J.A.I.L. Initiative. 
 
The purpose of the J.A.I.L. Initiative
Apparently, Mr. Barnett, you did not read the Preamble, which sets forth the purpose of the Initiative as follows: "We, the People of South Dakota, find that the doctrine of judicial immunity has the potential of being greatly abused; that when judges do abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to insure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding these provisions as §28 to Article VI, which shall be known as 'The J.A.I.L. Amendment.' "
 
The authority for the J.A.I.L. Amendment in South Dakota
Mr. Barnett, the J.A.I.L. Amendment follows the guidelines set forth in the Declaration of Independence which states "But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them [the People's unalienable rights] under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security."
 
This right is codified in the South Dakota Constitution, Article VI §26, which states: "All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land."
 
The People of South Dakota realize that J.A.I.L. IS NECESSARY
The People of South Dakota, as indicative of the country, have been living under absolute despotism after a long train of abuses and usurpations for more than 200 years. In collecting signatures from South Dakotans, they have told us that there certainly is plenty of judicial corruption in their state and they are eager to sign the Initiative because they realize that J.A.I.L. is necessary in South Dakota.
 
One South Dakotan we spoke to was John Eggers, a 31-year veteran, now retired, sheriff of Meade County, showed us the front page of the current issue of the Black Hills Press Newspaper with his picture on it, in which he was being presented a plaque in his honor. The caption read that the mayor has proclaimed August 9th as Sheriff John Eggers Day. Sheriff Eggers was very bold in his opinion about the South Dakota Judiciary, and allowed us to quote him as saying, "I am well familiar with the judiciary in this State of South Dakota, and this J.A.I.L. Initiative is very much needed here." Sheriff Eggers also said, quote, "No one is above the law," referring to the judges of South Dakota. Having been in law enforcement all his life, he is definitely an authority on the subject, and he has given us permission to place his picture on our website and to openly quote him. The People themselves are best qualified to assess the need for J.A.I.L., certainly not the State Bar Association!
 
The states have been unwilling or unable to rise above the overbearing, unconstitutional power of the federal government which has overtaken the sovereignty of the People; and have allowed and participated in the disabling of the exercise of their inherent rights. This forced alienation of their unalienable rights, which are to be protected by government, is caused by a judiciary that is unaccountable to the People for such violations. Therefore, Mr. Barnett, the People of South Dakota have the right and responsibility, recognized by their State Constitution, "to alter or reform their forms of government" by holding judges accountable to the People as a "new guard for their future security" admonished in the Declaration of Independence.
 
Mr. Barnett, this reformation of government, to be effective, must be an independent and autonomous mechanism enforced by the People themselves, as represented by the Special Grand Jury. There has been no such provision for the People to enforce the protection of their rights, and they now see the need to establish the J.A.I.L. Amendment for that purpose.
 
Government is not providing protection for the People
Mr. Barnett, neither the voting system, nor judge-rejection system, nor appeals to a higher court, nor investigations by a judicial qualifications commission, can fulfill the need for an autonomous enforcement mechanism by the People. There is no government provision that allows the People to control their own future as they must. South Dakotans should be able to "enjoy many protections against alleged abusive judges," but they don't because government doesn't provide that protection as it should. Those protections may exist in theory, but not in practice! For that reason, the J.A.I.L. Amendment IS necessary!  If indeed such protection is in fact provided by government and concurred in by the judicial system, then the J.A.I.L. process need not take place in that particular instance. However, J.A.I.L. must be available to stand guard for the People nevertheless.
 
The South Dakota State Bar Association has a conflict of interest
As stated in our introduction above, the State Bar does not work in the interest of the People, but only in its own interests-- which include the judiciary. It logically follows, then, that the Bar would be opposed to J.A.I.L. The only ones who oppose J.A.I.L. are those who benefit from the corruption. Mr. Barnett, you describe J.A.I.L. as an "attack" process "on our legislature, judiciary and state and local citizen boards." The only attack involved here is your attack on J.A.I.L. on behalf of the South Dakota Bar Association which you would be expected to do to protect its own turf. After all, judicial corruption is against the People, but favors the Legal Industry Syndicate including the Bar association. Judges cover up for them and they like it that way! Crime does pay-- big bucks to the Legal Industry Syndicate-- especially when orchestrated by the "Black Robe Society."
 
J.A.I.L. "reaches" only judges for specifically stated violations
Had you read ¶2 of the Initiative you would not have been able to truthfully report that "[e]very School Board, City Council, County Commission, professional licensing boards (such as the State Bar??), [and] every citizen board in South Dakota... would be subject to being sued under J.A.I.L."  Don't worry, Mr. Barnett, your organization or other administrative agencies won't be "sued under J.A.I.L." Only the judge(s) involved in making the final ruling after all appeals would be subject to the J.A.I.L. process --not sued-- if a complaint is filed alleging any of the following violations:
 
"2. Immunity.  No immunity shall extend to any judge of this State for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of South Dakota or the United States, notwithstanding Common Law, or any other contrary statute."
 
"Judge" is defined as: "Justice, judge, magistrate judge, judge pro tem, and all other persons claiming to be shielded by judicial immunity." (¶1.b). Any matter before any of the organizations you mention can be taken to court after the exhaustion of administrative remedies; then only if there is a violation by a judge or judges in the subsequent judicial stage of proceedings could a complaint be taken to the Special Grand Jury (SGJ) for alleged violation(s) listed. There are times when a judge will arbitrarily decide that a clerk is covered by judicial immunity when sued for failing to do her job as required by Court Rules. Because judges can and do exercise arbitrary power, those situations have to be covered by J.A.I.L.  J.A.I.L. doesn't sue anyone. The SGJ only determines, according to evidence of record, whether the judge complained of is entitled to judicial immunity in a subsequent suit by the complainant if he chooses to so proceed.
 
You argue, "A bad doctor could sue members of the state medical board for denial or revocation of medical license. A bad teacher could sue individual members of the local school board for terminating his or her teaching employment." That describes basic due process under current law that is afforded to anyone-- J.A.I.L. notwithstanding. However, you predispose due process by using the word, "bad." But is not a man entitled to a hearing on the question on whether he is "bad" before being condemned? Are you not insinuating that the mere accusation of "bad" is conclusive, and that such a one accused of being "bad" should be denied due process and condemned without a hearing? Even the USSC has condemned this practice as far back as the case of Windsor v. McVeigh (1876) 100 U.S. 23. Indeed, everyone must be afforded an opportunity
to argue his case, and offer his proof, and take any perceived violations of the judge before the J.A.I.L. process in which the judge is given an opportunity to answer that he did not willfully violate the law. J.A.I.L. merely assures that everyone receives the due process to which he is entitled under law, to wit, "No immunity shall extend to any judge of this state for any ... intentional violation of due process of law." If you think about it, Mr. Barnett, you are actually making a case for the reason South Dakota needs J.A.I.L.
 
The Special Grand Jury enforces the organic Constitution and laws made in pursuance thereof
Mr. Barnett, even the South Dakota Constitution states in Article VI §26 "the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land."  The SGJ is made up of the People, which IS superior to government. That's the whole point of J.A.I.L. --to hold government (through the judiciary) accountable! Yes, more than a "super-legislature" the SGJ is the People "having the power to overrule the legislature" if, in fact, the law does not comply with the Constitution-- absolutely! It's up to judges to KNOW what state laws comply with the U.S. Constitution, so "strictly complying with South Dakota law" doesn't necessarily meet that requirement. Yes, Mr. Barnett, the J.A.I.L. Amendment "would create a special grand jury with the power to reject laws enacted by the legislature" IF, and only if, those laws do not comply with the supreme law of the land. Certainly you would agree, Mr. Barnett, that it's the duty of the judiciary in the first instance to declare any law passed by the legislature as unconstitutional if it fails to comply with the supreme law of the land. But when the judiciary fails to do so, the responsibility then falls to the People in the form of the SGJ. Any other conclusion presupposes that government can do no wrong, including the judiciary.
 
The Special Grand Jury excludes criminals
Mr. Barnett, you have really gone off the deep end when stating that the J.A.I.L. Amendment "would permit a convicted felon currently imprisoned to serve on the jury at a daily pay of $387. That's absurd."  Yes indeed, that IS ABSURD, and moreover IT IS FALSE!  It appears that you are quite panicky at the thought of having to give up your arbitrary power backed up by judges under the shield of judicial immunity, to the point that it's driving you to make that "absurd" and false statement. As you tell your readers, READ it before signing. Here it is, in pertinent part:  READ IT!
 
"12. Qualifications of Jurors.  ... Those not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious crime against persons."
 
WHERE does it say that it "would permit a convicted felon currently imprisoned to serve on the jury..."WHERE does it say that J.A.I.L. "would empower every one of these convicts or prisoners to use this proposal to sue a judge."WHERE does it say, or imply, "If a judge gives a defendant a very strict sentence, the convict sues. If a judge gives a more lenient sentence, a victim or citizen upset with the sentence sues. If a judge hands down a sentence somewhere in between-- both sue."?
 
Conclusion
Mr. Barnett, you fail to cite to the Initiative itself as your authority for the points you make. That is very irresponsible writing, and it amounts to fraud and deception to the public. Again, J.A.I.L. is concerned only with judicial violations of the Constitution-- specifically the violations set forth in ¶2.  Your conclusions quoted above are way off the mark, and it appears that you intend to misstate the truth in order to hoodwink the public into believing your lies!
 
You have no understanding of the J.A.I.L. measure, and it is not in your interest to do so. When J.A.I.L. is passed into law, trials will continue to proceed just like they normally do in the system.  Judges will be free to exercise their jurisdiction and to make their rulings and to issue sentences. J.A.I.L. in no way disturbs that process. You even admit that everyone is free to appeal his decision. J.A.I.L. does not interfere with that right. J.A.I.L. enters into the picture only after the exhaustion of all appeals, and it is alleged that the judge(s) willfully violated the law as specified in ¶2 of the Initiative. 
 
Are you arguing that willful violations of law should be overlooked based upon the fact that the offender is a judge? If so, what does that do to justice, and to the principle that no one is above the law? If this is what you are advocating, then you are an anarchist because you advocate disrespect for the law. We then challenge you, Mr. Barnett, to explain the difference between a convicted criminal behind bars, and a judge who willfully violates the law but is unaccountable for his actions. 
 
-Ron Branson
Author/Founder
National J.A.I.L.
We need everyone's help in South Dakota, with donations, collecting signatures, and spreading the word any way you can. The signature gathering campaign is currently under way until the beginning of November-- less than a month away. We are encouraged by the progress made so far and urge everyone to participate in this cause. Please go to www.SouthDakotaJudicialAccountability.com for details and information. Call the SDJA office at (605) 231-1418 for immediate contact. We thank all of you who have already helped and those who are actively working so hard in coordinating this effort.
                    REMEMBER-- A WIN IN SOUTH DAKOTA
                        IS A WIN FOR EVERY AMERICAN!

J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/national_001.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@...
Your help is needed: www.SouthDakotaJudicialAccountability.com
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 
 
 

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