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Fw: [ed44] Due Process of Law - Malicious Prosecution

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  • Ed
    ... From: Ed To: Victims Of Law ; REDRESS2@yahoogroups.com ; Ed44@Yahoogroups.Com Cc: Phone Tree ; Lawyerdude@Yahoogroups.Com Sent: Tuesday, December 16, 2003
    Message 1 of 1 , Dec 16, 2003
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      ----- Original Message -----
      From: Ed
      Sent: Tuesday, December 16, 2003 4:32 PM
      Subject: [ed44] Due Process of Law - Malicious Prosecution

      Friends, in reading a recent 5th Circ opinion on a Malicious Prosecution case there was mention of "Substantive Due Process" [of Law] and "Procedural Due Process" [of Law]. (For some reason Law Schools, Attorneys, and Judges always leave off the "of Law" part.) We each have a Right to both. But what the hell are they?
      After some digging I found it:
      "While Procedural Due process gives the Court the power to say to the government, "You may not do this unless you do it a certain way"; Substantive Due Proces allows the Court to say, "You may not do this at all".
      Now this was written by a Law Professor. He is assuming 'the court' is going to tell the government what they cannot do. How many "courts" do you see doing that? Who is going to tell "the court" "you may not do this unless you do it a certain way" and "you may not due this at all"?
      I have repeatedly told "the [US] court", however you define it, that the government (in this case the State of Texas) 'could not do what they did' and 'could not do it the way they did it'. I told this to our local US district court TWICE before teh State did what they, allegedly, cannot do. The State has now admitted 'they could not do what they did' and 'could not do it the way they did it.' It has been firmly established via direct evidence and the State Court, and Jury in the US district court, concurs, agrees, affirms, the FACT.
      Now Redress and Remedy is due for the Malicious Prosecution and Wrongful Imprisonment for violation of my "substantive due process of law" Right and my "procedural due process of law" Right. 
      In my case I have told this to the US 5th Circ. Crt of Appeals. I have also done it via Writ (mandate) to the 5th and, in addition to filing it in the 'Court of Public Record', that is, the US district court, filed it in the Public Record our county maintains. So far our 5th Circ, which I have discovered is a buracracy of unknown, unidentifiable "Staff Attorneys" who have assumed the names of the Judges there, have refused to "tell the government" anything. Rather, these black hooded judges assume that they ARE the government and the 'Counsel for the Clerk' tells me I (meaning our Constitution, Laws and Rules) can't tell them anything! That is, because I'm just a Human Person and Citizen, I cannot, by citing our Constitutions, Laws, and Rules, tell them (mandate) their job. The arrogance is absolutely incredible.
      Well - I filed my Petition for Panel Rehearing yesterday. We will see what happens. Any suggestions on what I, you, we might do in the interim?
      http://groups.yahoo.com/group/ed44/  Join our Experiment in OpenLaw
      Executive Director
      Texas Justice Coalition

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