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#989 From: <victoryusa@...>
Date: Sat Sep 17, 2005 10:54 pm
Subject: Today Is Constitution Day (Sept. 17)
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J.A.I.L. News Journal
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Los Angeles, California                                     September 17, 2005
______________________________________________________

Mission Statement                  JNJ Library                     PayPal Support
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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




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    <><

 

 

#990 From: <victoryusa@...>
Date: Sun Sep 18, 2005 1:12 am
Subject: *** "Freedom" can't be administered by those who've declared "Absolute Immunity" ***
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J.A.I.L. News Journal
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Los Angeles, California                                    September 17, 2005
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Help us get J.A.I.L. on the South Dakota 2006 ballot
(605) 231-1418
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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 *
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J.A.I.L. News Journal
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Los Angeles, California                                        September 18, 2005
______________________________________________________
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www.SouthDakotaJudicialAccountability.org
______________________________________________________
 
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_...
Send Email Send Email
 
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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"..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    <><
 
 

#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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"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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J.A.I.L. News Journal
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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    <><

 
 
 

#1007 From: <victoryusa@...>
Date: Sun Oct 16, 2005 8:31 am
Subject: Repost - "Why Government Needs Crime"
jail4judges_...
Send Email Send Email
 
 
While doing a Google Search and checking through past posts of J.A.I.L. News Journals, I find a lot of interesting things that bear repeating. Below is one of our publications that is just as meaningful today as it was nearly four years ago, entitled "Why Government Needs Crime." (October 16, 2005)
                                                                                  - Ron Branson
J.A.I.L. News Journal
____________________________________________________
Los Angeles, California       March 18, 2002        Reposted 10/16/2005
 

Why Government Needs Crime!

I Am a Criminal

Yes, that’s right. I, R. Lee Wrights, being of sound mind and aging body, do solemnly acclaim and justly affirm that I am a criminal. And, if I do my job correctly, by the time you finish reading this you will realize that you are a criminal also; and, that something needs to be done about it.

My premise is simply that government, not only at the federal level but in particular at the state and local level, has grown so gorged and bloated that it has become virtually impossible for any of us to remain "law-abiding citizens." In order to be law-abiding, one must first know and understand the law. Now I ask you, in today’s society how many people really know, let alone understand, "the law?" Moreover, how many policemen really know or, more importantly, understand the law? Do the lawyers and judges, who are charged with the protection of America’s most sacred document, even understand the law? Judging from the number of appealed judgments these days, it would appear that even these "protectors of justice" are unable to effectively untangle the thicket of jurisprudence created by the endless loads of fertilizer produced by the various legislatures.

Just the number of laws one would have to familiarize themselves with in order to become adequately knowledgeable makes the task near to impossible. Why, we would all have to go to law school just to get to a proper starting point of understanding the law. Last year, in North Carolina alone, 519 new laws were passed by the General ASSembly. Sixty new laws took affect in the Old North State on January 1st of this year. Add these to the tens of thousands of laws already on the books and you begin to see the enormity of the endeavor to properly understand justice and how its principles are to be applied. And that is just in one state, folks. I wonder how many "new" laws have been instituted where you live this year?

Still skeptical? Take an afternoon and go to the nearest law library. Even the name "law library" should send a chill down any thinking person’s spine. I am not talking about a corner of your local public library where you’ll find a shelf or two stocked with reference books about a particular subject. No, I mean a whole library devoted to cataloging all the things you and I are not allowed to do. Whole rooms filled wall-to-wall and floor-to-ceiling with a seemingly endless array of laws, statutes, and regulations. Shelf next to shelf, volume upon volume, and page after page, creating a twisting, turning maze of decisions, rulings and appeals. This is where you go when you seek comprehension of the chains that fetter your pursuit of happiness. Have a seat and look around at what you must learn if you really want to be an honest, up-standing, law-abiding citizen.

Government has simply made it too easy to break the law for us not to be criminals. I mean, you are required to have a license or permit to do practically everything. That means that you must go to a bureaucrat somewhere and ask their permission before you proceed or you become a criminal. If you want to drive to work, you must first have a paper from the State that says you are allowed to operate a vehicle. If you want to improve your home, you are required to go downtown and stand before your elected rulers and beg their indulgence so that you can add that patio or finish your basement. If you want to get a job to support your family, you cannot do so without a number supplied by the benevolent nannies that soil the seats of CONgress. How long does this list have to be before you realize that if you have to ask permission to do everything, not only will you eventually slip up and become a criminal, but you have also ceased to be free? With every new law enacted another little piece of liberty dies.

Perhaps nothing exemplifies my point more so than a personal experience I had about 6 or 7 years ago. I was invited by a friend to accompany him on a fishing expedition to one of the local lakes owned by the county where we both reside. Being the careful individual that I am, I researched the laws concerning wildlife management, as well as, the regulations adopted by the county. I found that if I only fished using live bait, the law did not require that I obtain a fishing license as long as I remained in the county of my residence. I was very pleased with myself that I had found a way to save a few bucks on what promised to be an enjoyable outing.

However, the day was not to go unspoiled. Not long after we had launched our boat and found what we thought looked like a promising spot, we were approached by a game warden. I remained unconcerned as we chatted and I proudly showed him that I was only using live bait and therefore required no state sanction. He asked for proof of my residence, which I supplied via business cards and a recent tax bill that I was going to pay on my way home. It was then that he informed me that I was in violation of state law. I was beginning to protest that I was in full compliance of the wildlife management code when the warden told me he was not referring to the wildlife code. It was then that I learned I was in violation of state law for appearing in public and not possessing a picture ID. At that moment, the veil was lifted from my eyes as my day of personal enlightenment dawned.

I realized that every time I set foot off of my own property, I became a criminal. I violate the law each and every time I take a leisurely stroll around my neighborhood. In almost half a century on this earth, I have never been arrested, much less convicted of a crime; and yet, all I have to do to become a criminal in the eyes of the State is leave home! Why? Because I do not have a snapshot of myself, taken by a state-sanctioned bureaucrat, in my pocket when I go out in public. I must ask you, am I really free? Are you really free? Are your papers in order? Are you a criminal?

There are laws regulating everything from what color you can and cannot paint your house to what kind of sex in which two consenting adults are allowed to engage. Why is it like this? Crime is big business, that’s why. In fact, crime is government’s biggest industry.

Surprised to see me say that? It really isn’t all that odd when you consider that the State derives revenue on both sides of the law. Remember, all those licenses and permits you are required to obtain are accompanied by fees. While on the flip side, every breech of the never-ending, self-perpetuating, always-growing bureaucracy carries a fine. You are forced to pay in order to abide by the law so you can avoid having to pay for breaking the law.

Therefore, as the beast has grown, it has become the State’s own self interest that drives legislators to constantly search for new sources of revenue. That’s why 519 laws were passed in my home state last year. That is why 500 new laws will probably be passed this year, and again next year, and again the year after that. The only way a government can realize greater income than it does today is either by accelerating tax increases; or, by creating new ways for us to become criminals and providing the appropriately-priced bounties required to avoid becoming criminals. So you see, every new law not only nibbles away at your freedom while further gorging an already bloated beast Bureaucracy, it also becomes a new source of revenue for the State.

So, we are left with the question, "What can been done about it?" Take my advice, do yourself a favor and educate yourself. Do a little digging and find out all the different options made available to you, by your friends in government, for becoming a criminal. Then perhaps we will see the emergence of what is needed to reverse the encroachment of the law - Reform. You have to get fed up with the foolishness of endless legislation and do something. Speak against further regulation at every opportunity in any venue that opportunity provides. Run for public office as a truly reform-minded candidate, or support such candidates wherever they can be found. One thing is for certain; there will never be reform without reformers willing to make a fight if necessary. Or at least a group of decent, honest people that are just sick and tired of being criminals. Come on folks, enough is enough!

R. Lee Wrights
Contributing Editor

R. Lee Wrights is a writer and political activist living in North Carolina. He is co-founder and editor-in-chief of the free speech online magazine Liberty For All and an editor at Free-Market.Net.

http://www.atgpress.com/guest/gu040.htm


The above article is well written about how government profits from crime, and that when there is not enough "crime" to satisfy its veracious appetite for their ever-expanding need for revenue, government will always create new crimes, with more institutions to accommodate it. The conclusion then is, as long as there is the need for more revenue, there will always be the need by government for more crime. Government needs "criminals." The more "criminals," the better to justify its existence followed by the need for more government! This explains why it took 200 years to incarcerate its first million prisoners in America, but only 10 years its second million.
 
I do, however, take somewhat of a exception to the suggested remedies made within the last paragraph, many of which offer nothing new from what citizens have always been doing for the last forty years to bring about government reform.
 
If one thinks about it, it is through the judiciary that all governments and laws are to be held accountable to the standard of the Constitution. However, due to the unaccountability of our current system of accountability, governments are logically the way they are. Hence, it is only through judicial accountability that this nation will ever return the way from whence it came.  J.A.I.L. is the only answer!   -Ron Branson

 
J.A.I.L. is an acronym for Judicial Accountability Initiative Law
JAIL's very informative website is found at www.jail4judges.org
JAIL proposes a unique new addition to our form of government.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is spreading across America like a fast moving wildfire!
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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    <><

#1008 From: <victoryusa@...>
Date: Tue Oct 11, 2005 3:06 am
Subject: ** The People Must Get Over FEAR**
jail4judges_...
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The People Must Get Over FEAR
By Barbie, victoryusa@...
 
Below is a string of messages between Dick Marple of New Hampshire and myself regarding the question Why aren't the New Hampshire people acting on this right? The State Constitution of New Hampshire provides that the People have the right to reform their government when it becomes "perverted" and the provision ends with: "The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind." That principle is stated below in different words by Clay S. Conrad, former CEO of FIJA. Although he directs it toward jurors, it applies to the People as a whole.  The "nonresistance against arbitrary power" referred to in the N.H. Constitution is the same thing as the "reflexive obedience to authority" referred to by Mr. Conrad below. Mr. Marple says that the reason People don't exercise their rights is due to FEAR. I originally wrote to the N.H. JAILers, but now deem this is important information for everyone.
 
What is needed to protect ourselves from these sorts of scams,
 as well as to protect ourselves from manipulation as jurors,
appears to be a cultural paradigm shift, away from
the obedience to authority and in favor of
exercising individual judgment.
[S]o long as we treat reflexive obedience to authority
as a positive, rather than a negative, trait,
we are subject to malevolent manipulation
- whether by judges, prosecutors -- or scammers.
                                                     --Clay S. Conrad
----- Original Message -----
Sent: Friday, October 07, 2005 11:34 AM
Subject: An Answer?
 
Barbie....
I think I may have found part of our problem. I am the FIJA rep for NH and have been for years and have been successful in passing FIJA in the House but it got killed in the Senate where all the attorneys are. Clay Conrad, the blogger, is an attorney in Texas and former CEO of FIJA...See below in RED...
Dick Marple
jurygeek - A Blog on Jury Issues, Jury Research, Jury Verdicts, Jury History, etc. All things jury welcomed here.

Friday, October 07, 2005

The Jury Duty Scam: Fact, Hype, or Fiction?
http://jurygeek.blogspot.com/2005/10/jury-duty-scam-fact-hype-or-fiction.html

Many stories of appeared recently on incidences of juror identity theft. Even the U.S. Military has chimed in on the issue. The way the scam works is described in one article:

"The scammer calls claiming to work for the local court and claims you've failed to report for jury duty. He tells you that a warrant has been issued for your arrest.The victim will often rightly claim they never received the jury duty notification. The scammer then asks the victim for confidential information for "verification" purposes.Specifically, the scammer asks for the victim's Social Security number, birth date, and sometimes even for credit card numbers and other private information -- exactly what the scammer needs to commit identity theft.So far, this jury duty scam has been reported in Michigan, Ohio, Texas, Arizona, Illinois, Pennsylvania, Minnesota, Oregon and Washington state. " (There are
recent reports of the scam being utilized in Alabama, as well.)

Apparently, the scam began being used by February, 2004; since then, it has rapidly spread around the country.

Apparently, these scams are all too real. The
FBI has gotten involved in publicizing the scams. Even Snopes.com, the pre-eminent urban legend busters, have announced that this scam is real, with an unknown potential for financial harm. It is, by all accounts, widespread and growing.

What Jurygeek finds most interesting is that Snopes described this as a
"social engineering" scam: "a technique which preys upon people's unquestioning acceptance of authority and willingness to cooperate in order to extract from them sensitive information."

My, my. This sounds strangely similar to something Jurygeek noted back in June: that
the tendency of people to obey authority allows them to be too easily manipulated. While in that post, Jurygeek was referring to the tendency of jurors to be too willing to vote against their own conscientious judgment in order to satisfy or appease authority figures, in the jury duty scam, people are being asked to comply with the request of a (feigned) authority figure.

When someone saying they are about to issue a warrant for your arrest calls, people tend to respond out of anxiety and a wish to appease the threatening authority figure. What is needed to protect ourselves from these sorts of scams, as well as to protect ourselves from manipulation as jurors, appears to be a cultural paradigm shift, away from the obedience to authority and in favor of exercising individual judgment.

One can hardly envision such a paradigm shift in our educational system: what public school teacher is going to begin class by saying "I want you to question and challenge everything I tell you"? (While I try to instill this value in my own child; my wife has resorted to pulling hair - mine!) Yet so long as we treat reflexive obedience to authority as a positive, rather than a negative, trait, we are subject to malevolent manipulation - whether by judges, prosecutors -- or scammers.

To:  New Hampshire JAILers

Below is Dick Marple's response to my question "Why aren't the New Hampshire people acting on their right to reform government?"  Dick says that is his question also. [The above article, he says, might indicate why]
 
Dick says he is going to be off line for a couple weeks for surgery. We certainly wish him well and a speedy recovery.
 
I would normally ask him to do this, but since he'll be incapacitated for a while, I'd like the JAILers, or anyone you know who could do it, to check (I guess) with the Secretary of State and find out exactly HOW the people can exercise that right recognized in the New Hampshire Constitution. Mention specifically the J.A.I.L. Initiative. We have to get J.A.I.L. passed into law throughout the country by amending each state's Constitution, and ultimately presenting it to Congress for the Federal J.A.I.L. Bill.  But we have to take on the states first.
 
Dick says the problem is "FEAR" and I don't buy that. I think the People have gotten past "fear" now that they've seen the truth of what's been happening to them all these years. I believe the People now understand that we really don't have a "government" in power any more since it is not protecting our rights which is the only legitimate power real government has. A power that calls itself sovereign, and treats the People like slaves, is not government, but is a totalitarian regime operating under the color of government by usurpation of power. It is a power foreign to this nation and as soon as the People understand that in sufficient numbers, to where they become BOLD about their duty to correct this travesty as the Declaration of Independence says must be done-- they indeed WILL "throw off such government [so-called] and provide new guards [i.e., J.A.I.L.] for their future security.  I'm sure that over 200 years of fear will turn into anger of the People, enough to finally ACT. We've been taken for fools long enough.
 
This idea of "obeying the government" doesn't exist today, because THERE IS NO GOVERNMENT in power. It has been taken over by a global totalitarian force! They have no use for the Constitution, saying that it's suspended, the United States is a corporation and is bankrupt-- all of which is the biggest hoax perpetrated on the American People. It's amazing that we've been under this hoax for 200+ years! But it's because of the tremendous brainwashing schemes in operation over the years, mainly through public schools and the mass media. "Obey the Law!"  --what law? The law of totalitarian force?
 
We the People are the law in this country, by and through the original Constitution of 1787 which is the Supreme Law of the Land. Suspended?? Hogwash! Did the People suspend it?? By what constitutional process??
 
New Hampshire provides:

[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance,  redress of the wrongs done them, and of the grievances they suffer.  June 1784   

If New Hampshire makes that provision, the People there must determine exactly how it is to be carried out. Actually such a right is not granted by the state, but is one of our inalienable, inherent rights of the People. It's time to not let FEAR get in the way as it has for so many years. Is that provision there for "window dressing" or does it mean something?
 
Let's hear from you--  how can New Hampshire get J.A.I.L. going there? Once you find out precisely what has to be done, work with Dick Marple after he recuperates from surgery. We thank him for bringing this to our attention:  THANK YOU DICK MARPLE!  Work with him-- let's get this thing done!
 
-Barbie
 

----- Original Message -----
Sent: Friday, October 07, 2005 10:20 AM
Subject: RE: Why aren't the New Hampshire people acting on their right to reform government?
 
Barbie...

Your final question is my question,  Why aren't the New Hampshire people acting on this right?? "

As for "initiative, this is already in Article 32 of our "Bill of Rights"

[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

June 1784   

and as has been ignored by the people for over 200 years ?  What I find perplexing to me is, the people have the power but are intimidated by FEAR ! This is a unfounded FEAR that I have no way of competing with such emotional bent. It is reduced to:

                              F=false

                                  E=expectations

                                      A=appearing

                                           R=real

and if this doesn't say it all, then I don't know what does.

Sincerely, Dick Marple, General Court, Representative Merrimack District #9

P.S. I will be "off-line" for a couple of weeks, for surgery to remove a cancer in my large intestine. Hopefully it will be successful.


From: <VictoryUSA@...>
To: "To JAILers World-Wide" <VictoryUSA@...>,"Dick Marple" <armlaw@...>
Subject: Why aren't the New Hampshire people acting on their right to reform government?
Date: Wed, 5 Oct 2005 12:18:05 -0700
To:  Dick Marple, New Hampshire Representative
Good morning Dick:
(and to all the JAILers)
Subject:  Why aren't the people of New Hampshire acting on their right to reform government? (We need answers)
 
Thanks for your patience. Our load isn't getting any lighter-- in fact, now with South Dakota going strong, it has picked up considerably, which in one sense is good news. Judging from all the opposition being published in S.D. newspapers, J.A.I.L. is finally being taken seriously and we're happy to say that all the naysaying is done merely by propaganda and false statements about J.A.I.L. --no credibility whatsoever! It gives us a chance to respond to it and point out the deliberate deception that is going on. The more the opposition resorts to that kind of tactic, the more fools they make of themselves. They're not able to oppose J.A.I.L. on its true merits!
 
Anyway, your email below is quite interesting-- enough so that I am putting this out to all JAILers. I sent you a copy of an email I wrote to the New Hampshire JAILers, or perhaps just to Lois Gardner (previous JIC), in which I discuss that NH provision. I compared it with the California and the South Dakota provisions authorizing the Initiative, and I don't really see any difference.
 
I'll restate the New Hampshire provision here:
[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
June 2, 1784 
Here is the California provision:
[Art.II, §1] [Purpose of government] All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require. [Former Section 26 of Article I, as renumbered June 8, 1976]
And here is the South Dakota provision:
[Art. VI §26] [Power inherent in people - Alteration in form of government - Inseparable part of Union]
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. [No date given]
 
California acknowledges in a separate section the Supreme Law:
[Art. III §1] [United States Constitution Supreme Law]
The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land. [New section adopted November 7, 1972]
 
California and South Dakota are initiative states-- New Hampshire supposedly isn't. Take a look at the above constitutional provisions of the three states. Aren't they substantially the same?
 
New Hampshire calls it a "Right of Revolution."  It provides basically the same thing that the other two states provide which is what authorizes the initiative process, i.e., People have the right to alter or reform their government as they deem necessary. The means by which the people exercise that right is by initiative-- i.e., petition.
 
My question is, why wouldn't New Hampshire have the same means to exercise the "Right of Revolution" as they call it? Altering or reforming government (such as what J.A.I.L. will do) is a type of revolution. Isn't that New Hampshire provision the same as an initiative provision by the people?
 
When NH provides that: therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government, doesn't that mean that the people may "and of right ought to" act independently of the legislature? Certainly if "the ends of government are perverted" (meaning contrary to the Constitution), then why would the people depend on that "perverted government" to reform it? That doesn't make sense to me!
 
Dick, you say "If the people will NOT exercise their CURRENT RESERVED RIGHTS, why put more fuzzy-feel-good nonsense on the books that will be ignored as is the current option?????????  Help me to understand." For the benefit of our JAILers who don't know, you are either a current New Hampshire State Representative, or a former one, who recognizes the corruption of government (including the judiciary) and is interested in solving the problem. You and I have been in communication quite often over the last year or two, am I correct? I am told that you have even attended J.A.I.L. meetings in NH, for which we sincerely thank you.
 
In your above question Dick, I'm not sure what you mean by "the current option." It can't be J.A.I.L., because the "current reserved right" is the right to reform government, while J.A.I.L. is the specific means of reforming government. Probably a clearer way to pose your question would be: Why put a measure to reform government (J.A.I.L.) on the books by legislation if the people won't exercise a reserved right to reform government themselves, without the need for legislation?  Is that what you're saying Dick?  It is certainly a question that I ask.
 
That's a great question: Why aren't the people exercising that right? And I think it must be examined, and soon. This country is getting to the end of its rope and the People have to act now!  If the People don't act, they deserve the fate they will receive and have been subject to for more than 200 years. J.A.I.L.'s been out there on the internet since late 1999 (about six years), so the People are informed of the solution to the tyranny. Like the saying goes, "You can lead a horse to water, but you can't make it drink." We can lead the people to the solution, but we can't make them act on it.
 
If the New Hampshire people have that right, acknowledged in writing by the state, what other way to exercise it than by petition, like the initiative? The right is settled-- now it has to be determined HOW the right will be exercised. It can't just be ignored by the People-- shame on them!  What am I missing here? (and don't say "brains"). Why aren't the New Hampshire people acting on this right??
 
Thanks Dick for bringing this to my attention. Hopefully we'll be able to get some answers.
 
God bless,
-Barbie-
 

----- Original Message -----
Sent: Tuesday, September 27, 2005 12:15 PM
Subject: How does one encourage people to exercise their rights?

Barbie....

How does one encourage, all that have eyes to see and ears to hear, to EXERCISE THEIR RIGHTS ?

New Hampshire is the ONLY government that has a reserved RIGHT of the people to:

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

June 2, 1784 

If the people will NOT exercise their CURRENT RESERVED RIGHTS, why put more fuzzy-feel-good nonsense on the books that will be ignored as is the current option?????????

Help me to understand....Sincerely, Dick Marple
 


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!
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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    <><
 
 
 
 
 

#1009 From: <victoryusa@...>
Date: Mon Oct 17, 2005 7:01 pm
Subject: ** Why Can't J.A.I.L. Help People NOW? **
jail4judges_...
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Why Can't J.A.I.L. Help People NOW?
In response to JNJ "J.A.I.L. Is NOT Part Of The Court System"
 
(Names are omitted)
This was a very good article. But I don't understand one thing. Why can't 
JAIL ...work together [with others within the system]?  (That's the question that was already answered in the JNJ to which the reader is responding!) 
We are all after the same thing, and that's eliminating court corruption and keeping innocent people out of jail and their money in their pockets. People need help now. JAIL sounds great and hopefully will become a reality, but there is no way it will for a long time. PEOPLE NEED HELP NOW. No one understands how to go about making the courts do it right. Everyday that goes by, more and more people are paying for victimless crimes and the judges and lawyers are getting richer and richer. People need somewhere to turn when they face having to go before the courts. Where is that place? Who can afford to go all over the country helping people?  Or where do you go to learn how to do this yourself?
 
[W]e explained why-- it is outside the scope of J.A.I.L.  J.A.I.L. does not get involved with the system. If you don't understand that, I don't know what to tell you. I'll send this to a couple of our people who fully understand the scope of J.A.I.L.  Perhaps they may be able to explain further to you.  -Barbie
 
One explanation offered is:
I'll take a shot at trying to explain. 
 
You can win all the cases you want in traffic court or any other court, but the cops still ticket you anyway and you are back defending yourself once more.  And if you sue a judge and he is dismissed by his black robed brethren on the basis of judicial immunity, where do you go for redress?  Where do you go to compensate you for your losses?
 
None of us are suggesting you shouldn't keep pursuing wins in court.  We all do that.  Ya got no choice when they haul you in.  By your own admission, you have over 300 wins in court.  But they still keep coming after you, don't they?  Wouldn't it be nice if they just stopped coming against you?  Or do you like court as a hobby as I once did?  Heck, I was beating traffic tickets 15 years ago.  But they still arrest me on the same charges.  And I still beat them.  I'd just rather not be there.
 
The singular purpose of JAIL is to pass legislation which will allow the people just like you to determine if a judge should be granted immunity for his actions.
 
It is my belief after JAIL is passed - and once a couple of "judges" are successfully sued by people just like you - that judges will have a whole new perspective on their job... will have a refreshingly new perspective on their responsibility to recognize, declare and protect your rights.  It is my belief that once you successfully reach into their pockets a lot of things will change.
 
By the way, please read JAIL's definition of a judge and think about who it covers.
 

Another explanation is:
[I]f there is no plug on the cord of an electric saw, that saw is not going to saw anything for you until you put a new plug on the cord.  You can dance with the saw, you can pray to the saw, you can form a drum circle around the saw and chant incantations, you can recruit a hundred people, get them to rub the saw against the wood you want to cut ........ but until you put a new plug on the cord that saw ain't going to saw anything.
 
What people like you don't seem to grasp is that THE MACHINERY THAT YOU NEED TO GET JUSTICE DONE DOESN'T EXIST.  IT'S MISSING A VITAL PART THAT THE FOUNDERS AND FRAMERS (BY ACCIDENT OR BY INTENTION....WHO KNOWS) LEFT OUT OF OUR GOVERNMENTAL SYSTEM.
 
Ron was where you are now.... 20 years ago.  He couldn't believe that there wasn't some way to make the courts do justice.  18 [years fighting in the system and] 14 [denied petitions from] the Supreme Court [dissuaded] him of that notion.......and inspired the creation of J.A.I.L.
 
You too may be incapable of absorbing the reality that THERE AIN'T NO RELIABLE JUSTICE IN THE AMERICAN SYSTEM....AND THERE AIN'T GOING TO BE ANY.... UNTIL THE MISSING PART IS PUT INTO THE MACHINERY.
 
You may have to skin your own knees.....waste your own time and resources for the next twenty years.....pursuing your dream.
 
Meanwhile, those of us who are involved with J.A.I.L. are moving ahead to forge and install the missing part so that the machine will work properly.
 
If you are aflicted with the compulsion (so common to so many)  to throw yourself into the legal meat grinder.....believing that "there must be a way to make it work".......go with our blessings.......good luck.
 
Of course we'd rather have you spend that energy on something really productive......like helping get J.A.I.L. implemented as fast as possible.
 
We're not going to divert our time and energy from putting a new plug on the cord..........to dance around the fire with you and chant trying to make the saw work.
 
The fact of life is that there currently is very little that can be done for those who are caught up in the "litigation vortex".
 
If you've got a million people holding onto a high tension wire and being electrocuted......
 
Which makes more sense? ............running along from person to person with a two-by-four.......trying to pry their fingers off of the wire that is electrocuting them.........or finding and disconnecting the main switch?  The two by four route might save one or two.......and might not.    Cutting the main switch will save hundreds of thousands immediately.......and millions down the road.
 
If you can't see that.....I understand.  You will see it in time.  We, however,
don't have time to play that game with you now because we know, from experience, that it is an exercise in futility.
 
There was a game warden who noticed an old fellow who came into the dock at the boat club every morning about 10:00 am with a boat full of fish. He himself had never been able to get that many fish from this particular large lake in a week of fishing
.....let alone part of a morning.  So he asked the old codger to teach him how to do it.
 
"Be at the dock at 6:00 am sharp tomorrow" the old-timer said.
 
When the game warden showed up the Old Codger was already in the boat with the oars in the water.  The game warden just made it aboard in time. The old Codger rowed, and rowed, and rowed, and rowed for over two hours.  The game warden said, "if you don't stop rowing soon we're not going to have any time to fish."  "You teachin' or learnin?", the codger growled.
 
He finally pulled into a remote cove at the most extreme end of the lake and threw a cinder block overboard as an anchor.
 
The game warden began to laugh hysterically.  "Why you dumb old coot," he said, "I'm looking around the boat and I see that you forgot all of the fishing poles and tackle."
 
The Old Codger, without answering, spat some tobacco juice over the side and pulled a small wooden box out from under the seat he was sitting on, took out a small net, screwed an extension into the handle and layed it aside.
 
Then he took out a cigar and lit it up, puffing patiently until it was well fired.
 
Next he took from the box a half stick of dynamite with a short fuse in it, tied to a brick.
 
The game warden started to scream at him, "you can't do that, it's totally illegal to fish that way, I'll have to arrest you and........."
 
While the game warden was screaming the Old Codger lit the fuse on the dynamite with the burning cigar, tossed the dynamite and brick to the game warden and said, quietly,      "son,......... you gonna talk........or fish?"
 
So ........for my part, that brings us to the end of this discussion. 
You gonna talk......or fish?

We thank both of these people for offering their explanations. Hopefully it will help. If not, we did the best we could at explaining why J.A.I.L. can't get involved with system procedures, either directly, or indirectly by advertising their packages. Some refuse to accept our position, no matter what we say. In a country as diverse as ours, we aren't surprised at that reaction; but fortunately they are few and far between. The vast majority of people we hear from DO understand why J.A.I.L. must remain completely neutral regarding the system and must focus on our single issue:  Judicial Accountability to the People, the means by which the People can enforce the (1787) Constitution pursuant to the admonishment in the Declaration of Independence to "throw off such government and provide new guards for [our] future security." 
 
Yes, naysayers, there is only ONE genuine and legitimate U.S. Constitutuon that was authorized by and on behalf of the People. We needn't concern ourselves with any subsequent so-called "constitution" created by Congress without authority and based on fraud and deceit which is null and void ab initio. Which Constitution?? There is only one, folks!
-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-- a little more than two weeks 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    <><
 

 

#1010 From: <victoryusa@...>
Date: Mon Oct 17, 2005 5:46 am
Subject: More Nonsense From The Argus Leader - Namely, J.A.I.L. Attacks Citizens
jail4judges_...
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Los Angeles, California                                               October 16, 2005
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More Nonsense From The Argus Leader
- Namely, J.A.I.L. Attacks Citizens

Accountability initiative attacks Legislature, citizens

THOMAS C. BARNETT JR.
For the Argus Leader
October 16, 2005

There is an initiated constitutional amendment circulating South Dakota, the 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. It is an attack on our Legislature, judiciary and state and local citizen boards.

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

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 board - 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 suspension or revocation of medical license. A bad teacher could sue individual members of the local school board for terminating his or her teaching contract.

Under JA.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.

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. Submits the Following to
The Argus Leader as a Rebuttal
 
Please read the Initiative, Mr. Barnett
By Bill Stegmeier, Gary Zerman, and Ron Branson
South Dakota Judicial Accountability Committee
 
According to Tom Barnett, Executive Director of the State Bar of South Dakota, terrible things will happen if the South Dakota Judicial Accountability Amendment passes. His dire predictions revealed in his October 16th  Readers Forum article are comical. It’s apparent he didn’t bother to actually read the Initiative before writing about it.
 
Barnett wildly claims the Initiative is an “attack” on the Legislature, judiciary, etc., and even law enforcement!  Not true. The Initiative does however “attack” unlawful conduct of judges, should that occur.
 
Barnett claims the Initiative allows seating convicted drug dealers, child pornographers, etc., and even imprisoned felons on the special grand jury.
Not true.  First off, the Initiative prohibits “stacking” the jury, let alone with the miscreants Barnett envisions. 
 
Secondly, the Initiative does not authorize the release of an imprisoned felon so he can serve on the jury. Barnett either made that up or he was misinformed.  Here again, he should have read the initiative before writing about it. The Initiative simply seeks to prevent judicial misconduct.
 
How many times have you heard the expression “No man is above the law”?Barnett’s article sidesteps the reality that judges are in fact above the law – even for malicious and corrupt acts – through their self-made power grab called “judicial immunity”.
 
Visit: http://www.southdakotajudicialaccountability.com - click “Judicial Immunity”. Learn the truth about what our judiciary has become.
 
Barnett claims that the “Proponents admit South Dakota does not have problems with its judges.”  Well who really knows? Fact is the SD judiciary remains a mystery. Try to find information on how to file a complaint of misconduct against a judge. Call up your local Clerk of Courts. Chances are even they won’t know.  Search the website of the South Dakota Unified Judicial System. Nope, nothing there either. It’s like they don’t want anyone filing a complaint.
 
Barnett is satisfied that here in South Dakota, “Ethical violations by a judge are investigated by the Judicial Qualifications Commission.” (Good luck finding these guys!)  If you do find them, you will see this group is comprised mostly of judges and lawyers. Right. Let’s also put the fox in charge of the henhouse.
 
Mr. Barnett says the people can just vote out a bad judge.  Now that’s comforting, but it doesn’t solve the problem. Voting a bad judge out provides no immediate remedy to an individual harmed by a judge’s judicial misconduct.  Furthermore, how would the voters ever learn about a “bad judge,” considering the secretive complaint and review process that is presently in place?
 
Barnett quips “Criminals don’t need more rights.”  Fine.  The Initiative doesn’t give them any more.  Barnett really should read it.
 
Clearly there is need for judicial accountability reform here in South Dakota, as well the rest of the country.
 
Read the Initiative at http://www.SouthDakotaJudicialAccountability.org. You’ll be one step ahead of Mr. Barnett.
 
Bill Stegmeier, 50, is a South Dakota businessman and Treasurer of the South Dakota Judicial Accountability Committee.  605-368-2780
 
Gary Zerman is an attorney and the official spokesperson for the South Dakota Judicial Accountability Committee.  605-231-1258
 
Ron Branson is the founder of the national J.A.I.L. (Judicial Accountability Initiative Law) organization.  www.jail4judges.org  605-231-1358
 


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    <><
 

#1011 From: <victoryusa@...>
Date: Tue Oct 18, 2005 6:47 am
Subject: * * * Petitioning Congress * * *
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
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Petitioning Congress
 
October 12, 2005

Hon. James Sensenbrenner, Jr., Chairman
House Judiciary Committee
2138 Rayburn House Office Building
Washington, DC 20515

Dear Congressman Sensenbrenner:

Millions of Americans are losing faith in the American legal system. The courts have, in many respects, become places where the hope of justice is illusory because the law has become the exclusive province of an elite "priesthood" of lawyers who the average person cannot afford to hire for any serious problem.

Pro-se litigants are not treated with respect in the courts, and neither the law nor the courts are user friendly.

I am a lawyer in the Boston area with 24 years of experience and am fairly well accomplished and recognized (see www.grossack.com). I also coach pro-se litigants and counsel legal reform organizations.

I assure you that widespread dissatisfaction exists at every level with our justice system. Such issues as gender bias in divorce, the deserved mistrust of lawyers, the lopsided power of major law firms, the elitist attitude of a segment of the judiciary, the maltreatment of dissidents, including dissident lawyers, the refusal of federal courts to address abuses in state courts-- these all contribute to what some experts now call "legal abuse syndrome." Because of widespread immunity granted to government officials, judges and court officials, redress is increasingly difficult.

Legal abuse has hit my household as well, with a loved one suffering a
stroke from false accusations.

I am writing to ask your committee to hold hearings on "Citizen's
Grievances Against the American Legal System" and on "Legal Abuse."

Our Institute will provide witnesses to give testimony about this crisis. Democratic institutions cannot survive a dysfunctional justice system. It is for all practical purposes a national crisis.

Can I please coordinate with your committee so these hearings can be
scheduled as soon as possible?

Thank you,

David C. Grossack
 

 
Like David Grossack above, I too years ago offered to appear before Congress along with seven attorneys to testify as to the judicial corruption of the courts. Results: No Response! Not even an acknowledgement. At the time, I did not see the conflict of interest which I now see in appealing to Congress about judicial corruption.
 
By way of foundation of this conflict of interest, I shall refer to the quote of Thomas Jefferson, "Let no more be heard of confidence in men, but rather bind them down with the chains of the Constitution." Now I shall use the illustration of prisoners and guards, Congress being the prisoners to be bound down through the judges using the Constitution, and who are the guards. In petitioning to Congress, you are petitioning to the prisoners (Congress) that the guards (the judges) are not doing their prescribed constitutional duty to bind down the prisoners (Congress) who are being given too much liberty by the guards (judges).
 
Everyone must ask themselves why Congress would be interested in enforcing the Constitution by requiring judges (their guards) to bind them down with the chains of the Constitution? Obviously, Congress wants to  take liberties with our Constitution, not less. So Congress returns a "kick-back" (bribe) to the judges (their guards) by rewarding their guards with untold power and protections. Now you are objecting to this sweet-heart deal between Congress and the Judges, and now you want Congress to "take action." 
 
So Congress and the Courts each share hand-in-glove the benefits of ignoring the Constitution to the peril of every Constitutional principle, and to the certain peril of all People. This explain why Congress shall never exercise or devise a workable remedy to the judicial problem. And should Congress appear as if they were interested in doing so, it will only be for window dressing and public consumption by giving the judiciary a cosmetic paint-job called "Judicial Reform." They will even argue vehemently the issue back and forth ad nausium to look like they are doing something, but even this is for public appearance. They know nothing is going to change by themselves.
 
This is why the solution to the judicial problem must come directly from us, the People, and not from the government. Hence, J.A.I.L. directly from the People is the only cure, which remedy should have been included in our Constitution back in 1787. It is just too bad that Thomas Jefferson was not privy to the principles now known as J.A.I.L., for had he been, he would have surely made a most vehement argument therefor. Further, there could have been no sound reasoning for any of our Founding Fathers refusing his argument to include it in our Constitution.  
 
-Ron Branson - J.A.I.L. Author


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    <><

#1012 From: <victoryusa@...>
Date: Fri Oct 21, 2005 3:33 am
Subject: * Eye-Witness to Judicial Abuse in South Dakota *
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
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Los Angeles, California                                           October 20, 2005
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Eye-Witness to Judicial Abuse
in South Dakota
Mr. Barnett, of the South Dakota State Bar, Challenged to Debate
By David Estes, DEstes3584@...
 
I for one would challenge the state bar of South Dakota
 to openly debate the issue of judicial misconduct.
Let's have an honest and fair debate and let the people
decide the issue. I think all I am trying to convey to you
is that the issue needs addressing openly and honestly.
                                                          -- David Estes
 
Mr. Dubow, CEO, Gannett Publishing
 
cc: Mr.Arnold Garson, Manager, The Argus Leader
 
Mr. Dubow:
I understand that you are the CEO of Gannett Publishing. I am writing to you to voice my concerns about an article and recent stories appearing in one of your subsidiaries called The Sioux Falls Argus Leader managed by a Mr. Arnold Garson.
 
The article in question was written by a Mr. Thomas Barnett of the South Dakota State Bar and originally appeared in the Rapid City Journal. The Argus Leader printed the letter on October 16th, 2005. The article itself was about an initiative being circulated in the state of South Dakota called the South Dakota Judicial Accountability Initiative which in a nutshell, calls for a system to monitor the conduct of Judicial authorities.
 
Normally I would not get upset at anyone's opinion about a political debate except in this case the claims made by Mr. Barnett who claims to be the executive director of the South Dakota State Bar were without merit. Indeed if Mr. Barnett was under oath he would be charged with perjury. Compounding this error is the fact that your newspaper allowed a reporter for the Argus Leader to print an article recently which mirrored the October 16th article by Mr. Barnett. Both articles were not accurate.
 
Mr. Dubow, there is a national problem with the misconduct of judges and abuse of power by those in the judicial system. I personally have seen the abuse. I was a police officer for twenty-five years and can recite some rather horrendous cases concerning judges.
 
The initiative in South Dakota is trying to address the problem of judicial misconduct. The judiciary governs itself which is unheard of. When abuse occurs, the judges are immune from any legal reprecussions. Government is accountable to the people. When accountability to the people ceases then we might as well appoint a king or a dictator to rule.
 
It seems to me that a person in your position who has the ability and responsibility to investigate wrong doing should not turn a deaf ear to those that are trying in their own way to correct a problem with our system of government. Judicial abuse needs to be examined and debated. To me your newspaper is not presenting fair and unbiased information. Instead it is slanting its coverage in favor of the State Bar and its members.
 
I for one would challenge the State Bar of South Dakota to openly debate the issue of judicial misconduct. Let's have an honest and fair debate and let the people decide the issue. I think all I am trying to convey to you is that the issue needs addressing openly and honestly. I hope that you take my opinion into account before any more misinformation is printed by one of your newspapers. Thank you for your time.
 
David Estes
Vashon WA
206.463.5494

 
Bill Stegmeier:
 
.... I don't know how long you have lived in South Dakota, but I lived there as a kid. The Deadwood Lead prostitution was in full swing. The judges, the sheriff and the police were all involved in a tolerance policy. I remember some years ago that a young prosecuting attorney finally had the balls to shut the whore houses down.
 
If anyone thinks that there is not a problem with judges, they only have to look at Deadwood and Lead to see what has happened in South Dakota in the past. When I got out of the army in 1966 I went looking for an apartment in Lead. I ran into the pine rooms. Was going to rent a room, but no one answered the door. My brother had a good time with that one at my expense. I didn't know it was a whore house. My brother caught the prosecuting attorney of Strugis coming out of one of the rooms. The prosecutor made a quick deal to leave my brother alone. (My brother was always getting into fights).
 
Anytime anyone tries to tell you that there has not been a problem with judges in South Dakota, give them my phone number. I will set them straight..
 
David Estes
 
 

 
David Estes,

Thanks for the great letter to Dubow.

The Argus Leader, as well as the Rapid City Journal, seems to have printed Barnett's rant as opinion, thereby relieving themselves from any due diligence in checking his veracity.

The good news is that we have been afforded an equal amount of ink by these newspapers to rebutt Barnett.

Check this coming Sunday's
www.ArgusLeader.com  (Click on "Letters")  for our rebuttal, which is below.  Hope they don't edit it.  I don't think they will, as they can see there is a chance for bickering, which they need to sell papers.   (Of course it's already obvious which horse is theirs.)
 
We, as Barnett, were limited to 500 words.  Gary Zerman and Ron Branson contributed, but the Argus doesn't print more than one person's name as author.
 
We are working on a great pot of SD Judicial Accountability stew.  In all fairness, someone should tell Barnett and his gang what spices we still plan to add!  (Hooters invented what they call "Three Mile Island" hot wings.  I invented what I call "Chernobyl Chicken"!  Barnett needs to know we carry our spices in our holsters.  Let's cook!)

Bill Stegmeier

Please read the Initiative, Mr. Barnett
  
By Bill Stegmeier, Treasurer,
South Dakota Judicial Accountability Committee
 
According to Tom Barnett, Executive Director of the State Bar of South Dakota, terrible things will happen if the South Dakota Judicial Accountability Amendment passes.
http://www.argusleader.com/apps/pbcs.dll/article?AID=/20051016/OPINION03/510160324/1006/ARCHIVE
 
His dire predictions revealed in his October 16th  Readers Forum article are comical.  It’s apparent he didn’t bother to actually read the Initiative before writing about it.
 
Barnett wildly claims the Initiative is an “attack” on the Legislature, judiciary, etc., and even law enforcement!   Not true.  The Initiative does however “attack” unlawful conduct of judges, should that occur.
 
Barnett claims the Initiative allows seating convicted drug dealers, child pornographers, etc., and even imprisoned felons on the special grand jury.
What is Barnett smoking?  First off, the Initiative prohibits “stacking” the jury, let alone with the miscreants Barnett envisions.  Secondly, the Initiative does not authorize the release of prisoners so they can serve on the jury.   Barnett either made that up or he was misinformed.  Here again, he should have read the initiative before writing about it.
 
The Initiative simply seeks to prevent judicial misconduct.
 
How many times have you heard the expression “No man is above the law”?
Barnett’s article sidesteps the reality that judges are in fact above the law – even for malicious and corrupt acts – through their self-made power grab called “judicial immunity”.
 
Visit: http://www.southdakotajudicialaccountability.com - click “Judicial
Immunity”.   Learn the truth about what our judiciary has become.
 
Barnett claims that the “Proponents admit South Dakota does not have problems with its judges.”  Well who really knows?  Fact is the SD judiciary remains a mystery.  Try to find information on how to file a complaint of misconduct against a judge.  Call up your local Clerk of Courts.  Chances are they won’t know.  Search the website of the South Dakota Unified Judicial System.  Nope, nothing there either.  It’s like they don’t want anyone filing a complaint.
 
Barnett is satisfied that here in South Dakota, “Ethical violations by a judge are investigated by the Judicial Qualifications Commission”.  (Good luck finding these guys!)  If you do find them, you will see that this group is comprised mostly of judges and lawyers.  Hey, wait a minute.  That’s like giving a group of inmates badges, and telling them they’re now guards!
 
Mr. Barnett says the people can just vote out a bad judge.  Now that’s comforting, but it doesn’t solve the problem.  Voting a bad judge out provides no immediate remedy to an individual harmed by a judge’s judicial misconduct.  Furthermore, how would the voters ever learn about a “bad judge”, considering the secretive complaint and review process that is presently in place?
 
Barnett quips “Criminals don’t need more rights”.  Fine.  The Initiative
doesn’t give them any more.  Barnett really should read it.
 
Clearly there is need for judicial accountability reform here in
South Dakota, as well the rest of the country.
 
Read the Initiative at http://www.SouthDakotaJudicialAccountability.org.
You’ll be one step ahead of Mr. Barnett.


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    <><
 
 

#1013 From: <victoryusa@...>
Date: Thu Oct 20, 2005 8:04 am
Subject: A Non-JAILer In Indiana Plugs The Work of J.A.I.L.
jail4judges_...
Send Email Send Email
 
A Non-JAILer In Indiana Plugs The Work of J.A.I.L.
(By Bob Minarik - rlmpfl9065@...)
 
Prior to the below communication, we did not know where Bob was located. We only knew that he wrote to subscribe to our mailings. He has now come out to push his circles to get behind J.A.I.L. Thank you, Bob Minarik, for rallying your following to the cause. Can we sign you up as a JAILer, Bob?    -Ron Branson - VictoryUSA@...
 

 
----- Original Message -----
Sent: Monday, October 17, 2005 8:24 PM
Subject: Why can't we help get J.A.I.L. on the S.D. ballot now??

To all patriots for liberty  -  
 
I believe that J.A.I.L. will be an excellent tool to help control judicial arrogance, judicial corruption and judicial tyranny. 
 
I believe that when a man like Ron Branson is carrying the ball for a program that will benefit us all, that we should all be blocking for him and his efforts. 
 
Let's unite on this issue and give him a hand to get that J.A.I.L. initiative on the South Dakota ballot. Go to the web sites below for more details.   I thank you!!
 
Bob Minarik
- patriots for liberty - Rochester, Indiana - http://freedomlaw.com/PFL.html
 
********************************************************************************************************
 
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 two weeks 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 government. 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
 

#1014 From: <victoryusa@...>
Date: Fri Oct 21, 2005 9:31 pm
Subject: *** "Be a part of the forces saving our nation..." ***
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                       October 21, 2005
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______________________________________________________
 
"Be a part of the forces saving our nation from total enslavement"
By Bill Shipley, Kansas JAILer-In-Chief
kansasjail4judges@...
 
The Judiciary has been totally corrupted. 
 
They declare the Constitution to be a "living" document, which changes its meanings as society de-volves.  This gives congress the brass to declare a new meaning to the Constitution depending upon their passions of the moment!  As one [member] said: "The Constitution is beastly inconvenient!"
 
They decree undeserved and unintended protections for themselves so they can have no fear of being held accountable for their miscreant execution of their responsibilities.  That is impeachable conduct!
 
The Supreme Court's liberal judges are now going to other nations to find laws that are convenient to their political bent to use in making decisions in our highest court.  That is impeachable conduct! 
 
They make rules that are unconstitutional and turn "all cases into one type," and then convene administrative courts that they call "United States District Courts" in the 50 states in defiance of statutes they are supposed to protect!  By statute, the USDC has jurisdiction ONLY in D.C. and the territories, etc.  It is the district court of the United States which has jurisdiction within the 50 states from the instant of the pen stroke making it a state. This is because the FedGov has total executive authority (i.e. Federal Jurisdiction) ONLY over the Territories, D.C.etc.  That too is impeachable conduct!
 
The result is that every U.S. court is convened in a Maritime or Admiralty
nexus, not common law as the Constitution demands. The fringed flag notoriously declares that to be true. This is why abusive judges can get away with charging plaintiffs or defendants with contempt of court for even 
mentioning the Constitution!  --for courts convening in the 50 states. This also is impeachable conduct!
 
There is an evil collusion between the Judiciary and the other two branches of Federal Government, thereby subverting the checks and balances built into our Constitution.  The Congress has become mostly corrupted.  They and the Executive demonstrate their corruption with (unlawful) "laws" destroying our Constitution one item by one item, and the Judiciary blesses their perversion of our nation's life-blood - its Constitution.  This is an unholy triumvirate in action daily.
 
These symptoms of the terminal cancer infesting our nation are just the tip of the iceberg of corruption showing above the treacherous seas of unfettered government.
 
Wherever you live, your future is seriously affected by this unholy triumvirate.  The courts will not police themselves, and congress will not exercise their responsibility to keep the Judiciary in check because it is they who benefit by the perversion of our basic laws -the  Constitution FOR (not of) the United States.  If it is to be done, we the people must do it! 
 
Fortunately, and I believe, providentially, we have a vehicle with which we can accomplish this critical job, and do it in a 100% lawful and republican manner-- (not referring to the corrupt Republican Party - or the corrupt Democratic party either) but Republican in governmental operation, a Republic!  (Regardless of the government puppets proclaiming that we have a "democracy" (THE WORST OF ALL POSSIBLE FORMS OF GOVERNMENT), we do notWe have a Republic, the only form of government that gives us a prayer of maintaining our freedom. What does our Pledge of Allegiance say but "and to the REPUBLIC for which it stands."
 
The providential vehicle I mentioned is "JAIL4Judges."  If we have not the courts to keep the Congress and the Executive within the boundaries of the Constitution as it was intended by our founding fathers, we have a ship with pirates in charge! Thomas Jefferson said“When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we have separated.” [underline added]
 
He was speaking of the absolute necessity of the Separation of Powers; of the creeping conquest of our nation by the Judiciary if we do not keep them as well as the other two divisions of government in check; and their ensnaring tentacles of Federalism entrapping our sovereign states, causing the states to be treated as mere territories of the Federal Government --not free and independent sovereign states, a status which each state of the Union enjoys if they would but command and remove their independence from the choking vapors of Federal encroachment!
 
I urge each of you to go to the J.A.I.L. website (http://www.jail4judges.org/) and read the proposals for much needed changes in the law regarding the oversight of judges. After you read it, send a letter declaring your desire to be a part of the forces saving our nation from total enslavement to VictoryUSA@....  Or if you prefer, send your letter to me and I will see to it that the "JAILer-in-Chief" for your state gets it, and he or she will contact you.
 
If you think I am being an alarmist, write me and I will send you enough information to make believers of everyone, except maybe those who are incapacitated by the Ostrich Syndrome.  When there is a fire in the kitchen is NOT the time to sit down for a leisurely dinner!
 
Until we regain a lawful Judiciary, we have no method of redress from anything the FedGov wants to do with us!
 
God Bless you all.
 
Bill Shipley, Kansas JIC
On behalf of National J.A.I.L., we thank Bill Shipley, our Kansas JIC, for this thoughtful admonition to the American People.
 
Disclaimer: Please note that, while we do not question the veracity of the statements made by Mr. Shipley regarding the history of this nation, J.A.I.L. must remain neutral on such statements and act only upon proof of record presented to the Special Grand Jury regarding any alleged acts of impropriety by the judge(s) in a particular case as defined in the J.A.I.L. Initiative/
Legislation, thus assuring judicial accountability to the People of lawful redress in protecting their rights.
-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-- a little more than two weeks 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    <><
 
 

#1015 From: <victoryusa@...>
Date: Sat Oct 22, 2005 1:37 am
Subject: * * It's the MEANS of J.A.I.L. That Sets It Apart * *
jail4judges_...
Send Email Send Email
 
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                           October 21, 2005
______________________________________________________
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______________________________________________________
 
 
It's the MEANS of J.A.I.L. That Sets It Apart
By Barbie, ACIC, National J.A.I.L. Administration
 
On October 23, 2004, I wrote a JNJ titled "To Enforce The Constitution" with the subtitle: J.A.I.L. - the only means providing a spelled-out mechanism for the People to do so. I encourage everyone to read, or re-read, that article. It'll provide much insight to what I say here. To that end, I repeat a couple of paragraphs that I stated in that Journal, to wit,
 
Although we have often said that the objective of J.A.I.L. is judicial accountability -i.e., We the People holding judges accountable to themselves under the standards set forth in the United States Constitution-we have, over time, become more enlightened to the fact that the ultimate objective is To Enforce The Constitution by holding judges accountable to the People under its standards. And to drive home the fact that "J.A.I.L. is the ONLY answer" to accomplishing that objective, J.A.I.L. is the ONLY proposal available providing a detailed, spelled-out method and process designed for the People to do so.
 
More and more people are realizing that the objective must be the enforcement of the Constitution by the People, however no one beyond J.A.I.L. has come up with the specific means by which to accomplish that task. Despite all other ideas, none offers an alternative to J.A.I.L. No, not one! Regardless of what others have suggested as a solution, all are inherently dependent upon the implementation of J.A.I.L. to stand guard in keeping government within the bounds it was designed to function. Yes, government must be leashed by the People, and that leash must be held firmly by the People on an instant and permanent basis to maintain our Constitutional Republic. Only J.A.I.L. provides such leash!
 
I cited Thomas Jefferson at
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...  A constitution alone cannot control government without republican forms, i.e., mechanisms that keep control of their representatives in the people's hands.
 
I don't know if our readers just don't read our Journals or what, but we still have too many writing to us and asking why J.A.I.L. can't join with them, form a coalition, etc. "After all" they say, "we're seeking the same goal of judicial accountability." But, people, that alone isn't enough. What must be considered is the means by which judicial accountability is sought. As I said a year ago, we have, over time, become more enlightened to the fact that the ultimate objective is To Enforce The Constitution by holding judges accountable to the People...   
 
We have established that the means by which to achieve judicial accountability is through enforcement of the Constitution by the People. However, people, even THAT is not enough! If we know that (1) it's the People who must act, and (2) it's the Constitution that must be enforced--
we are still left with the question of HOW is that to be accomplished?  As Thomas Jefferson stated long ago: A constitution alone cannot control government without republican forms, i.e., mechanisms that keep control of their representatives in the people's hands.
 
That tells us that we need "mechanisms" in place to "keep control of their representatives [i.e., the judiciary in the instance of J.A.I.L.] in the people's hands." And as reported in my previous Journal (see above) J.A.I.L. is the ONLY proposal available providing a detailed, spelled-out method and process designed for the People to do so. So the "What," "Who," and "How" are now answered. We already know "Why" (because of judicial tyranny), and "When" (as soon as the People do what is necessary to pass it into law-- like what's now being done in South Dakota).
 
J.A.I.L. is complete in and of itself. It needs no other groups or coalitions to perfect its program. In fact, any "joining in" with other groups will only detract from the focus on J.A.I.L.'s complete program, already fully established in writing. All that is needed now is for the People to get the measure passed in each of their states. Again, the concentration with J.A.I.L. is on FOCUS, not detractions. All of us must focus on getting J.A.I.L. passed in each state, beginning with South Dakota in 2006!
(See our note below).
 
All it takes is a reading of the initiative to show that J.A.I.L. is not involved in the court system, but is activated after all court processes have been exhausted through all appeals. Only after that point is J.A.I.L. authorized to act in any particular case. "Oh, I'm 100% in favor of J.A.I.L., but-but-but can't J.A.I.L. help us while we wait for it to pass?"  Is there a provision in the J.A.I.L. initiative that allows this organization to help people fighting in the system?  I don't find any. Do you? 
 
One last note: As far as Ron and I personally are concerned, we have a conflict of interest with the system. After our 18-year battle, we  conscientiously object to the system as evil and corrupt and realize that J.A.I.L. is the ONLY answer. That's where our attention and focus has to be!

 
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-- about two weeks 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    <><

#1016 From: <victoryusa@...>
Date: Sun Oct 23, 2005 5:10 am
Subject: * * * Judge Receives Vacation Instead of Suspension * * *
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
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Los Angeles, California                                           October 22, 2005

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Disciplined Pennsylvania Judge Receives Vacation Instead of Suspension
 
 
 
 



South Neighborhoods

Pleasant Hills district judge goes on leave

Boyle permitted to take vacation

Wednesday, October 05, 2005

By Mike Bucsko, Pittsburgh Post-Gazette

Pleasant Hills District Judge Mary Grace Boyle has been permitted to take a vacation until the end of the month instead of a 30-day suspension originally contemplated by her superiors in Allegheny County Common Pleas Court.

The Pittsburgh Post-Gazette reported Saturday that Judge Boyle was suspended for 30 days by President Judge Joseph James. However, Judge James issued a statement yesterday through Court Administrator Ray Billotte that said Judge Boyle has not been suspended, but is "currently on an approved vacation leave."

There was no further explanation about the events that resulted in Judge Boyle's absence. Mr. Billotte declined yesterday to comment and Judge James has not returned repeated telephone calls.

On Thursday, Judge James ordered her to report to his office Friday afternoon. During Friday's meeting, she was told to take a month off voluntarily, which she refused to do. Judge James then told her she had no choice and would be suspended. No written order was issued, though, and Judge James apparently relented sometime after the meeting and allowed Judge Boyle to take the month off as vacation. She's scheduled to return to work on Oct. 31.

Shortly after Judge Boyle left her Pleasant Hills office on Friday afternoon, county locksmiths arrived to change all the locks at her office. McKeesport District Judge Thomas Brletic was summoned by Judge James to hear the remainder of Judge Boyle's cases Friday.

Senior District Judge Edward Burnett, whose office was in Glassport before he retired last year, will preside over her cases in her absence.

For the past two days, Nancy Galvach, who oversees the county's minor judiciary courts in the court administrator's office, has been at Judge Boyle's office poring over records with the help of a county court employee.

Judge James in July ordered two of the three office workers from Judge Boyle's office transferred to other locations because she had refused to talk to them since shortly after the May primary election. The silent treatment began after she learned the workers had talked to an investigator from the state Judicial Conduct Board.

Judge Boyle is under investigation by the board for reportedly using her office and staff for her primary election campaign this spring. Judge Boyle, 55, won the primary over two opponents and will seek a fifth, six-year term in November. 

 
 

 
We have come to the stage in society that judges who violate clear law are  likely to be rewarded for their wrong-doing. In addition to the case set forth above, I cite to the additional example of Los Angeles Superior Court Judge Henry Patrick Nelson who was rated among the ten worse judges in California. His conduct was so unbecoming that he was facing discipline by the California Commission on Judicial Performance. But before his hearing took place, (keep in mind that before any California judge faces public scorn, he has to be beyond the common practice of the Commission to handle these matters in strict confidentiality) he agreed to sign an irrevocable agreement to resign from the County of Los Angeles. Because of his agreeing to permanently resign, the Commission on Judicial Performance dropped the disciplinary hearing of Nelson. He was thrown out of the County of Los Angeles in public disgrace with all the media covering the event.
 
The next thing that happened was that when anyone sued a Los Angeles County Judge for misconduct, they were often faced with defrocked Henry Patrick Nelson (retired judge) as the defense counsel for the judge sued. Indeed, I even went up against Patrick Nelson in my lawsuit of Branson v. Martin, involving a Los Angeles County court commissioner, with the proceedings taking place in the courtroom right next door to where Judge Nelson (retired) used to preside.
 
I wrote to my representative Board of Supervisor about this gross misconduct of the County of Los Angeles hiring a defrocked individual who had permanently resigned from the County of Los Angeles in open disgrace. As a result, the County Counsel's Office called me and asked me what my beef was with Henry Patrick Nelson. I expressed my outrage that he was thrown out the front door of the County of Los Angeles, and hired secretly in the back door and given an enormous pay raise over what he was making as a judge. I don't know, but I believe this is in addition to his "retirement" pay from the County of Los Angeles when he served as a judge.
 
I was told that Henry Patrick Nelson was doing a wonderful job in defending judges in the County of Los Angeles that they were very pleased with him. That was then end of the discussion.  
 
I have seen such conduct repeated so often that I am willing to suggest the possibility of the existence of a secret policy of rewarding corrupt judges in this country. And what would be the possible motive? They are at the helm of maintaining the status quo corruption in America. 
 
"Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!" Isaiah 5:20  Such nation cannot survive.    -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    <><
 

#1017 From: <victoryusa@...>
Date: Thu Oct 27, 2005 12:00 am
Subject: *** J.A.I.L. WILL Go Forward ***
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                        October 26, 2005
______________________________________________________
Mission Statement                  JNJ Library                     PayPal Support
Federal J.A.I.L. 
                          FAQs                    What?MeWarden?
 
Bill Stegmeier, the South Dakota JIC, will be going to the Atlanta Rally
 on November 11-14 and will give an update on the South Dakota J.A.I.L. Campaign. We are grateful to him and everyone who had a part
in making this Campaign possible!


J.A.I.L. WILL Go Forward!

Following are comments from Nick Testaccio in response to our recent JNJ titled "It's the MEANS of J.A.I.L. That Sets It Apart." Below that is Ron's response followed by Barbie's.  
 
----- Original Message -----
Sent: Sunday, October 23, 2005 6:56 AM
Subject: How will people reconcile through JAIL that which they refuse to hold now?

I read your journals, sometimes comment on them and either receive no answer or one that is completely off the mark from what I have said.
Yes Jefferson, as many of our Founding Fathers, stated that it was up to us to enforce the Constitution. The majority of the people are ill equipped, or reticent about enforcing it, as they have not the basic understanding of what the Constitution is and represents.
 
Today the vast majority, including the legal community, believes the Constitution to be a document that defines our rights. That has been accomplished by a reengineering of the education system. The Constitution is, of course, a document that enumerates the limited powers of the government, stating clearly only those areas to which the government may legislate.
 
Once again I ask you, how will the same people, who refuse to understand their original position, reconcile through JAIL that which they refuse to hold now?  Do you have any understanding of the human dynamic? Do you understand that even when faced with facts, people will not believe that which is contrary to their indoctrination?  Do you understand that even when passed, the JAIL initiative will face the same reengineering from those the majority continually puts back into office? You are still playing the game as your adversary has instructed you.

(response from Ron):
 
Hello, Nick:
 
Here is the problem we face here at J.A.I.L., we are receiving so many responses that it is impossible to keep up. Some we have to just delete, others we preserve for possible future response, but often just receive so many new issues to deal with that we can never get to them. This is the negative side of a good thing. So what happens when one is so successful that they cannot deal with their success? This is where we are right now in J.A.I.L.. We have to just pick and choose what matters we can deal with, and the rest send over the dam. Yes, and matters are not getting better, but worse.
 
You ask, "Once again I ask you, how will the same people, who refuse to understand their original position, reconcile through JAIL that which they refuse to hold now?"  There is a saying, Nick, that no one argues with  success. As the multitudes of people rally to J.A.I.L., I figure that we just will not have time to deal with those naysayers who wish to refute that success. In other words, if the naysayers are drowned out by the noise of success, they become insignificant. We just ignore them and go on. Is there a moon shining during the full light of a hot summer day? What's the relevance? God bless you, Nick.
 
-Ron
(from Barbie):
 
Nick, let me add my two cents to what Ron already said. We understand that there will always be those "who refuse to understand their original position, [will not be able to] reconcile through JAIL that which they refuse to hold now."  There will always be those who just plain refuse to accept J.A.I.L. as a credible means of the People protecting their rights from a despotic power-- but my question is, "Is there anything better offered for the People" to break through the tyranny we are living under?  If you have a better idea, let's hear it! Do you know of anything that would replace J.A.I.L.?
 
It's time people stop complaining and do something about the problem. Now that we have a solution ready to be passed into law, there are still people like you who insist on complaining --that the solution won't work! It's not enough to keep complaining about the problem-- complain about the proposed solution as well!
 
J.A.I.L. is going forward, despite the naysayers, because if we waited until all the complainers were satisfied, J.A.I.L. would NEVER become a reality. After your question is answered, whether the answer is accepted is another question. There'll always be yet more questions. Let's get the darn thing PASSED!  Then we can deal with questions like yours. Right now is not the time to keep hindering the process of going forward with J.A.I.L.  This is such a vital measure to save this country from annihilation that we can't afford to ask so many question NOW. Look at what just happened to Irwin Schiff due to the tyrannical courts!  Are you going to keep asking all these questions instead of doing everything you can to see that J.A.I.L. is passed? Just maybe the People can prevent more "Irwin Schiffs" from going down the tubes! (This means on any issue-- not necessarily the tax issue. Anyone who fails to get due process of law, regardless of the issue of the case, can bring the matter to J.A.I.L.) Don't you see how critical it is? If you don't understand every jot and tittle about J.A.I.L., don't allow that to stifle this effort. GO FORWARD anyway, at least for now. A lot of questions will be settled once J.A.I.L. is passed. Most questions will be irrelevant anyway!
 
Also, we understand that the vast majority of people don't understand squat about the Constitution. That doesn't mean that those that DO understand have to put everything on "hold" because of those who don't-- and probably never will. Constitutional victory will not come by the majority, but by a minority who will stand up for the People, including those who "don't understand."  We want to pass J.A.I.L. for their sakes-- whether they "understand" or not. Otherwise they're going to hell in a handbasket, and those of us who do understand don't want that to happen to them-- or to us!
"..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
 
Your closing paragraph states: Do you understand that even when passed, the JAIL initiative will face the same reengineering from those the majority continually puts back into office? You are still playing the game as your adversary has instructed you.
Nick, first of all, J.A.I.L. is a People's measure. The People are in charge-- not anyone that is "put back into office" or in office whatsoever. That's the problem we've had-- the People have NOT been in charge as they should have been. J.A.I.L. is going to change that. To the contrary Nick, our "adversary" has not instructed Ron to create the J.A.I.L. Amendment, to lead it nationally, and to get it passed into law. Ron has been instructed by the Supreme Adversary of the "adversary."  
 
-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@...
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    <><


#1018 From: <victoryusa@...>
Date: Wed Oct 26, 2005 2:31 am
Subject: *** Implementing J.A.I.L. - A Matter of Right In ALL States ***
jail4judges_...
Send Email Send Email
 
J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                        October 25, 2005
______________________________________________________
Mission Statement                  JNJ Library                     PayPal Support
Federal J.A.I.L. 
                          FAQs                    What?MeWarden?
 
We'll find out in two weeks whether J.A.I.L. has qualified!
Thanks for everyone's help.
______________________________________________________
 
Implementing J.A.I.L. -
A Matter of Right In ALL States
By Barbie, ACIC, National J.A.I.L. Admin.

I have been spending the last couple days adding numerous new subscribers to J.A.I.L.'s email list, and lately we've had an unusual large number of new JAILers coming on board, most of them wanting to do in their state what we're doing in South Dakota. The South Dakota J.A.I.L. campaign has certainly attracted a lot of attention, many of whom state that they have "watched" or "followed" the newsletters of J.A.I.L. for some time --sometimes a matter of years-- and they are just now deciding to "join"
(although we don't have memberships, as such) our lists. People are beginning to see some hope for this country through J.A.I.L. and it is awakening them from their doldrums.
 
We are seeing a difference in attitude toward J.A.I.L. throughout the country. Indeed, the traffic to our website www.jail4judges.org has abounded immensely. Most websites start with one gigabyte or less of bandwidth. Ours started with two gigabytes. We have now had to double that to handle our traffic, otherwise our website would have gone dark similar to a power-grid blackout. We now have approximately 20,000 independent websites on the internet that point to JAIL4judges. This is a tremendous unsolicited advertisement for J.A.I.L. that great riches could not afford.
 
As I was welcoming new JAILers, especially of the non-initiative states, after they were expressing excitement about wanting to get J.A.I.L. passed in their state too, I would have to apologize to them that their state is not an initiative state. A paragraph in our standard "welcome" states:
J.A.I.L. is the only means available to the People by which they can exercise their duty to renew the use and protection of their inherent rights, by enforcing the Constitution through holding the guardian of those rights, i.e., the judiciary, accountable to them for unconstitutional judicial action. I had to ask myself: Is that means available to the People of the non-initiative states?
 
I recently posted a JNJ on 10/10/05 titled "The People Must Get Over Fear." It emanated from a discussion I was having with Dick Marple, a New Hampshire Legislator, wherein he informed us of a provision of the New Hampshire Constitution acknowledging the right of the People to petition the legislative body for redress, to wit:
[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance,  redress of the wrongs done them, and of the grievances they suffer.  June 1784   [emphasis in red] 
My comment was "If New Hampshire makes that provision, the People there must determine exactly how it is to be carried out. [emph. added]Actually such a right is not granted by the state, but is one of our inalienable, inherent rights of the People." 
 
This principle came to light when I found myself explaining this to the new JAILers of the non-initiative states. I referred to the Declaration of Independence, the foundation upon which J.A.I.L. is based, asking: If it is the right, indeed the DUTY, of the People --when government through abuses and usurpations "evinces a design to reduce them under absolute despotism"-- to "throw off such government and... provide new guards [i.e., J.A.I.L.] for their future security," then why do the People have to have the blessings of the state, by its acknowledging that right in the State Constitution, in order to exercise it?  (Long sentence, I know-- it's an "if-then" question using quoted material).
 
California acknowledges the right by providing in its Constitution: "All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require." (Art.II, Sec.1).  That is what we claim as authority to present J.A.I.L. as an initiative in California, although the People have inherent authority of themselves to do so.  The South Dakota Constitution has an almost identical provision under Article VI, §26.
 
In analyzing this principle in terms of the U.S. Constitution, according to the founding document, The Declaration of Independence, it is self-evident truth that the People are created equal with unalienable (inherent) rights, and that they institute government for the purpose of protecting those rights from infringement. That when government ceases to protect those rights, and indeed infringes upon them, the People have the duty to provide new guards for such protection in the future. That new guard must include the mechanism by which the People implement --put into operation-- that guard.
 
I emphasized that point in my JNJ dated 10/21/05 titled "It's the MEANS of J.A.I.L. That Sets It Apart" when I quoted Thomas Jefferson: A constitution alone cannot control government without republican forms, i.e., mechanisms that keep control of their representatives in the people's hands. Connecting that with J.A.I.L., I stated: "That tells us that we need 'mechanisms' in place to 'keep control of their representatives [i.e., the judiciary in the instance of J.A.I.L.] in the people's hands.' And as reported in my previous Journal...  J.A.I.L. is the ONLY proposal available providing a detailed, spelled-out method and process designed for the People to do so."
 
So, the importance of J.A.I.L. and why it is set apart from anything else, is the mechanism --the specific means-- by which the objective of judicial accountability is achieved, i.e., the "what," "who," and "how."  I have now discovered, however, that the "how" is only partially answered. Once J.A.I.L. is implemented, we know HOW it will function. But what is even more fundamental is, HOW do the People effect, or bring about, the measure in the first place?  As I said, that question has come to my mind while processing new JAILers to non-initiative states, and reconciling that status with our statement J.A.I.L. is the only means available to the People by which they can exercise their duty to renew the use and protection of their inherent rights,... Is the means available to the People if there is no state provision, such as the initiative process, to bring it about?
 
That brings yet more questions: Can the state (government) prevent the People from exercising their inherent right to alter or reform government by failing to provide a means to do so?  Does that, or any, inherent right of the People depend on a government provision to exercise it? It appears to me that it would be a conflict of interest-- government has no interest in being altered or reformed, especially since it benefits from the corruption and indeed is the source of it. From government's perspective, "J.A.I.L. Isn't Necessary" as Tom Barnett, Director of the South Dakota State Bar, stated in a newspaper article. Wouldn't the Legislature say the same thing?
 
It must be realized that it is another self-evident truth that altering or reforming government is a natural DUTY of the People, not dependent upon government "allowing" or "providing for" its reformation by the People. Thus, J.A.I.L. itself is self-evident truth. The reforming of government through implementation of J.A.I.L. is a matter of right in ALL states. This is something that the potential passage of J.A.I.L. brings to our concern, and is something about which the People must think seriously. The People of non-initiative states have equal rights to reform their government as does all the People in this country.
 
-Barbie


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