* * * Treatise: Insidious Breach of the Court's Public Charter * * *
- J.A.I.L. News Journal
Los Angeles, California July 17, 2004Treatise: Insidious Breach of the Courts' Public CharterFor Posting to www.jail4judges.orgThanks to Gary Treistman (garyonthenet@...) for asking J.A.I.L. to post his masterful written composition, with some minor editing with his permission. This exposure of corruption covers all courts at all levels--federal, state, and local.This treatise/petition is posted on the website to expose to the world what the People are faced with regarding the corruption of our judicial system throughout the country.The People's Statement and Petition of GrievanceAgainst The Judiciary© 1By Gary Treistman, garyonthenet@...(Minor editing by Barbie, ACIC National J.A.I.L.)
The People hereby present a review of the State and condition of our Judiciary, its systemic inequities, constitutional drift and institutional malaise; a call for the betterment and return to the purity of due process, enforcement of caliber in our judicial administration, and official recognition of our demands.
"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed us in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping little and little, the foundations of the Constitution, before anyone perceived that invisible and helpless worm had been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account." --Thomas Jefferson, 1823.We, the class of persons aggrieved in the courts, do hereby formally proffer our petition of grievance and demand for redress and amelioration, as is constitutionally guaranteed and provided for by the First Amendment to the U.S. Constitution. It has come to our attention that the federal judiciary, which serves as the role model and exemplar idyllic for all American courts, has gone terribly astray in its practice and administration of the law, and has de facto breached both its Constitutional idealism to unbiased justice and its purport to its public charter, from which its power is derived.
We impute the judiciary's breach of its duty, where its adherence to written procedure and law has degraded to such a degree, that the outcome and resolution of cases in these forums has become probabilistic at best, and oligarchically complicit at its worst.
1. © Copyright 2001, Gary Treistman garyonthenet@...: The People's Statement and Petition of Grievance Against The Judiciary. Mr. Treistman can also be reached @ Lori Sherman & Associates, Legal Advocates and Support, POB 563, Bearsville, NY 12409, Tel: 845-679-7095; email: LoriShermanAsc@... He is the Editor of FreeNY. This work is copyrighted; no part or parts may be taken or used, nor the text herein changed without written permission of the author; any modifications made to this work that has been authorized by the author shall become the sole property of the author and who thereby retains all rights to any such derivative work.(Minor editing by J.A.I.L. by permission of the author)
We, those of us among the public who have had first-hand and informed experience in the court system(s), have taken up indignant notice of the discrepancies between the theory and the practice of the law; have suffered unjustly due to those discrepancies, and hereby articulate these abuses and breaches; we speak for ourselves and for the unknowing laity whose liberties and properties are at jeopardy where the judiciary has abrogated its Constitutional charter.
Preamble and Declaration of Condition
We assert that the current state of the courts' standard modus operandi has devolved into one of caprice and peremptory resolution --a condition where the judges now consistently rule with expedience and favoritism, with a post hoc mentality, geared more toward a synthesized end result than of a resolution wrought by the impartial weighing of the facts as directed to by the law. Whether it be because the issues therein are deemed too disruptive to society or the legal mettle, or because one of the litigants is politically more precedential than the other, or other reason, this is a breach of the public role of the judiciary.
Cognizant of the above, we also note that there appears to be an orchestrated effort by the judiciary to uphold the appearance of intact due process in the public eye. We also observe that, due to the technical nature of these matters, this effort is generally successful, and the very many micro injustices perpetrated as a matter of course in these forums side-step and escape the attention of the uninvolved public at large, who continue to retain a confidence of faith that all is basically well with the system.
As more members of the laity unavoidably get involved in the legal arena, these problems will not be concealable much longer. Although the details of the situation may continue to evade the general public's comprehension, the sentiment will not, as those who have had the misfortune of being subject to these inequities complain loudly to all that would listen.
And in that vein, it can be seen that a plethora of grass roots political action committees and coalitions, highly critical of the state of the various judiciaries and demanding change, have emerged.
Each one of these groups is representative of thousands of people who have deep-set grievances with the judicial system in its current defective incarnation, and have been unjustly affronted by their participation with it. The members don't complain about unfavorable decisions to themselves; they complain about the institutionally corrupt way decisions are arrived at and handed down.
We don't demand favoritism from the courts; we demand impartiality and plain adherence to the rule of written law.
This J.A.I.L. News Journal is only an example of the work of Mr. Treistman, Editor of FreeNY. You are encouraged to click the below URL, which will take you to the J.A.I.L. website where the entire Treatise is posted. It is our judgment that this writing will prove to be most valuable to everyone engaged, or thinking about engaging, with the judicial system.
One should consider the facts herein before taking elective litigation within our "justice" system. Only the passage of J.A.I.L. will remedy this unavoidable situation. As goes the courts, so goes the nation!
Gary Treistman has now joined J.A.I.L. and has become a New York JAILer. You may reach him at garyonthenet@....J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
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