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#18770 From: lg900df@...
Date: Sat Mar 10, 2012 8:59 pm
Subject: IRS Levy
dave.wissel
Send Email Send Email
 
A VERY nice summary below. Very nicely stated!
I know from experience though that when confronting employers with this,
that they will IMMEDIATELY call the IRS agent and for some, their own
attorneys. All Levy notices conveniently plaster the IRS agent phone
number on the form EXPECTING employers to call them where they can get
them to literally do ANYTHING they ask. 
Yes, even though you remind employers that courts rule the IRS is not
responsible for advice and YES even though you remind them that the IRS
is under the Dept of Treasury and the Dept of Treasury is executive and
that branch does not make or interpret law. They ignore and call them
anyway. [That is what SHEEPEOPLE do--i.e. call their enslaver's with the
pretty badge and ridiculously ask, 'does this mean someone is free?"
Seriously, what answer WOULD they expect?]
 The attorneys will advise "it is an interesting interpretation and maybe
has legal merit worth pursuing for your employee.....but frankly, do what
the IRS tells you too." And the IRS will tell the employer that "The
employee took the law section out of context." Further, they tell the
employer that the law section was made brief and certain sections WEREN'T
 included on the back of the levy notice specifically for that purpose:
i.e. that it would CONFUSE by indicating to the employer/employee that
the levy notice applied only to govt. employees. i.e. that a reading of
that plain English is not how the IRS interprets that section of law. 
Been there and DONE that. Incredible isn't it?

#18771 From: lg900df@...
Date: Sun Mar 11, 2012 11:13 pm
Subject: Re: IRS Levy
dave.wissel
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One of the best summaries on IRS Lien's and Levy's was done by the late Robert Clarkson of the Patriot Network. Robert was a veteran and real hero 'patriot' offering many people help. You'll find it a very useful read.

You will find his information here by scrolling down the left side under "Removing Lien and Levy":


--

rock.com


#18772 From: "stalwart1776" <jmr3749@...>
Date: Mon Mar 12, 2012 9:50 pm
Subject: Re: IRS Levy
stalwart1776
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in·stru·men·tal·i·ty (nstr-mn-tl-t)
n. pl. in·stru·men·tal·i·ties
1. The state or quality of being instrumental.
2. A means; an agency.
3. A subsidiary branch, as of a government, by means of which functions or
policies are carried out.

26 USC § 3308 - Instrumentalities of the United States

Notwithstanding any other provision of law (whether enacted before or after the
enactment of this section) which grants to any instrumentality of the United
States an exemption from taxation, such instrumentality shall not be exempt from
the tax imposed by section 3301 unless such other provision of law grants a
specific exemption, by reference to section 3301 (or the corresponding section
of prior law), from the tax imposed by such section.

Title 42 Chapter 7 Social Security does not have the force and effect of law
(see 5USC553 (b), (c) and (d)). Benefits are exempted, which Social Security is,
under 5USC553 (a)(2).

Chrysler v Brown states that the 301 (26CFR301.6331) regulations are strictly
for government. Enforcement is by substantive regulations. The 301 regulations
are not substantive.

--- In tips_and_tricks@yahoogroups.com, paraclete45@... wrote:
>
> Hello tips,
>
>   IRS code section 6331 also applies to "instrumentalities of the United
States."
> An instrumentality could include, but not be limited by, anything that is
created by an instrument, bound by an instrument, or obligated on the face of an
instrument.
> Title 28 USC section 3002(15) defines the United States.
> Because your Social Security Card is an instrument, and you are obligated on
it and by it, then it follows that Title 26 section 6331 applies to you.
> The remedy is not to go into a state of denial, but to exercise "rescission of
contract" and "release of powers of appointment," which effectively divorce you
from 26 USC 6331.  To remain divorced, one may never, EVER, use that SSN again
for any reason that may involve receiving any sort of government benefit.
>
> May you be richly blessed!
> Bernie
>  Paraclete45                          mailto:paraclete45@...
> Phones from the USA:
> cell phone:  011-507-6590-5441
> BlackBerry:  011-507-6426-6845
> land line:  011-507-771-4948
>

#18773 From: lg900df@...
Date: Tue Mar 13, 2012 2:48 am
Subject: Re: Re: IRS Levy
dave.wissel
Send Email Send Email
 
Good point on instrumentality...excellent point.

However we need to promulgate no myth regarding contracts--even though you might find in your life certain adversarial parties might "try to fling &hit at the wall and hope it sticks." In other words don't give the adversary ammunition even he doesn't have.

Fact:
  • Although not mentioned, I will address it anyway as this is related: THERE ARE NO ADHESION CONTRACTS THAT ARE VALID. [although one could argue govt. workers and those under oath might be 'stuck'] Adhesion is is defeated on face value. If adhesion contracts existed, no one could be bound by a new contract--e.g. they would be stuck to all that silliness people claim from birth certificate 'adhesion' and hence devoid of free will to contract. Yes, that book by Mercier is a JOKE and even laughed at by judges and attorneys. Yes, that bunk about bank disclosure cards adhering you is MORE bunk. [Look at the card]
  • "Four Corners Rules on Contracts": Not disclosed within 4 corners of document, it isn't valid.
  • You APPLY for SSA [and SSN's], you do not CONTRACT for either. Otherwise SS would be mandatory on government and certainly they don't want that. How do you know its an application? Answer: What does it say on the top?  http://www.ssa.gov/online/ss-5.pdf  Was anything promised in return on the 4 corners? Did SSA sign the document? Whose property is the SSN? What did you commit too? Answer: Probably that the application was truthful. [Easy to fix any inaccuracies with attachment. For example redefine US Citizen as simply "in possession of birth certificate indicating birth in XYZ" {not state of xyz}].



--

rock.com


#18774 From: BOB GREGORY <rhgusn@...>
Date: Tue Mar 13, 2012 7:09 pm
Subject: IRS Levy
nosaj8700
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* Stalwart:

You wrote:  "Title 42 Chapter 7 Social Security does not have the force and
effect of law."

In effect, you have written "The U.S. law is not the law."  The only reason for
the existence of the United States Code is to break down the statutes passed by
Congress into organized titles, subtitles, chapters, etc. for ease of reference.
The code does not contain anything (other than chapter headings and cross
references, etc.) that are NOT law.

The regulations are, of course, different as you have pointed out.  Only those
substantive regulations issued by secretaries or other agency heads (with the
authorization of Congress in the law itself) have the force and effect of law.  
Other regulations are administrative or interpretive and do not have the force
and effect of law.   Some judges refuse to make that proper distinction.
*

#18775 From: paraclete45@...
Date: Wed Mar 14, 2012 4:02 pm
Subject: Re: IRS Levy
paraclete45
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Hello all of you great Tipsters!!!
The poster of the message identified by a designation, "dave.wissel" mentions several, unrelated issues, but most of the comments do not seem to merit any comment.  They  have as much validity as his allegation that no adhesion contracts are valid.

The comment was made that
" * Although not mentioned, I will address it anyway as this is related:  THERE ARE NO ADHESION CONTRACTS THAT ARE VALID. "

I do not agree with the above assumption that it is a FACT that no adhesion contracts are valid.  I base my disagreement on the plain wording of the last court decision cited in the definition for "Adhesion contract" in Black's Law Dictionary, 5th edition, page 38,  which I quote in full;

"Adhesion contract. Standardized contract form offered
to consumers of goods and services on essentially
"take it or leave it" basis without affording consumer
realistic opportunity to bargain and under such conditions
that consumer cannot obtain desired product or
services except by acquiescing in form contract. Distinctive
feature of adhesion contract is that weaker
party has no realistic choice as to its terms. Wheeler
v. St. Joseph Hospital, Cal.App., 63 Cal.App.3d 345,
1 33 Cal.Rptr. 775, 783; Standard Oil Co. of Calif. v.
Perkins, C.A.Or., 347 F.2d 379, 383. Not every such
contract is unconscionable.
 Lechmere Tire and Sales
Co. v. Burwick, 360 Mass. 7 13, 720, 72 1 , 277 N.E.2d
503
."
  
Nowhere do the court cases question the validity of any adhesion contracts, much less ALL adhesion contracts.

"dave.wissel" makes comments on the "Four Corners" rules, but does not seem to understand that information and provisions can be "incorporated by reference" into a contract and become as much a part of a document by reference as by being fully quoted in the contract.
Incorporations by reference are a standard procedure in legal documents and are even found in the U.S. Constitution.

Life is more peaceful when one learns the law, then sticks to it.

May you be richly blessed!
Bernie
 Paraclete45                          
mailto:paraclete45@...
Phones from the USA:
cell phone:  011-507-6590-5441
BlackBerry:  011-507-6426-6845
land line:  011-507-771-4948

#18776 From: Ron Branson <victoryusa@...>
Date: Sat Mar 17, 2012 7:21 am
Subject: The Foundation of Judicial Immunity - by Attorney Gary L. Zerman
jail4judges_...
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The Foundation of Judicial Immunity
by Attorney Gary Zerman

First, is the case of Buck v. Bell, 274 U.S. 200 (1927), a decision written by Justice Holmes.  There Holmes stated at 205:  “Carrie Buck is a feeble minded white woman who was committed to the State Colony above mentioned in due form.  She is the daughter of a feeble minded mother in the same institution, and the mother of an illegitimate feeble minded child.”  In affirming the forced sterilization of Carrie Buck, Justice Holmes stated:  Three generations of imbeciles are enough.”  (at 207.)

Peter Irons, in “A People’s History of the SUPREME COURT (1999) Penguin Books, discussed the Buck v. Bell case at 252 stating:

 “… His [Holmes] opinion reeked of the arrogance of aristocracy, and could easily have been written by Herbert Spencer.  ‘It is better for all the world,’ Holmes pontificated, ‘if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.  [P] Five decades later, a journalist who tracked down Carrie Buck and dug into old records discovered that she had been committed to Virginia’s ‘State Colony for Epileptics and Feeble Minded’ only because she had been raped by the eminent doctor who employed her as a housekeeper.  Her daughter, Emma, was a perfectly normal child, and the ‘eugenic expert’ who recommended her sterilization was later honored by the German Nazi regime for helping draft its ‘Race Hygiene’ law, which laid the tracks that ended in the gas chambers of Auschwitz and other death camps.  Holmes knew nothing about the scientific fallacies of the ‘eugenic’ movement; more important, he did not feel any duty to look behind the fabricated record in the Buck case.

Immunity allowed Justice Holmes to act with impunity while he disregarded basic rights due Carrie Buck.

Second, is the case of Stump v. Sparkman, 435 U.S. 349 (1978). There, Judge Harold Stump was sued by Linda Kay (Spitler) Sparkman,  because, when she was fifteen-year-old, without her knowledge or consent she was sterilized, after Judge Stump granted a “PETITION TO HAVE TUBAL LIGATION PERFORMED ON MINOR AND INDEMNITY AGREEMENT” brought by the mother-Ora Spitler McFarlin’s attorney and signed an order for the sterilization.  The “petition” claimed she Linda was “somewhat retarded.” Linda Spitler never appeared in court, never had counsel. never had a chance to appeal, never even knew what happened (as she was falsely told she was going to the hospital - to have her appendix removed) and never was retarded.  Her mother brought the petition because Linda Kay had started dating older boys and young men, and the mother was fearful her daughter would get pregnant.  Later Linda Kat  got married, becoming Mrs. Sparkmanm and after repeated unsuccessful attempts by her and her husband to have children, she sought medical help.  She was then told by a doctor that she could not, as she had underwent a tubal ligation - told by the same doctor who had sterilized her without her knowledge and consent.  Mrs. Sparkman also sued the doctor, her attorney and her mother

Justice Byron White (joined by Chief Justice Burger and Associate Justices Blackmun, Renquist and Stevens) wrote Stump v. Sparkman, which reversed the appellate court’s denial, and upheld the federal trial court’s grant of absolute judicial immunity for Judge Stump. Justice White’s decision is absent of any Constitutional authority for the immunity.

To their credit, Justice Stewart (joined by Justices Marshall and Powell) dissented.  At p.365 Justice Stewart wrote:

 “… and I think that what Judge Stump did on July 9, 1971, was beyond the pale of anything that could sensibly be called a judicial act.” [continued at 369:]  “The petitioners’ brief speaks of ‘an aura of deism which surrounds the bench …’  Though the rhetoric may be overblown, I do not quarrel with it.  But if aura there be, it is hardly protected by exonerating from liability such lawless conduct as took place here.  And if intimidation would serve to deter its recurrence, that would surely be in the public interest. (ftnt.9 omitted.)

Aura of deism?  Such lawless conduct?     

The underlying appellate decision Sparkman v. McFarlin, 552 F.2d 172 (7th Cir. 1977), a 3/0 opinion by Judges Swygert (joined by Judges Wood and East), held Judge Stump did not have immunity and did not have jurisdiction to sterilize young Linda Spitler.  At p.174 Judge Swygert wrote:

“…Although this grant of judicial power is broad, we cannot accept the assertion that it cloaks an Indiana Circuit Court judge with blanket immunity.  He may not arbitrarily order or approve anything presented to him in the form of an affidavit or petition.”

At p.176 Judge Swygert held that to order sterilization under the circumstances here:

 "...we would be sanctioning tyranny from the bench.  There are actions of purported judicial character that a judge, even when exercising general jurisdiction, is not empowered to take.(ftnt, 7 - omitted). … [P] Finally, the petition and order were never filed in court.  This kind of purported justice does not fall within the categories of cases at law or in equity.

Never filed in Court? We would be sanctioning tyranny from the bench?  Tyranny - that is exactly what the Supreme Court justices committed in Stump v. Sparkman when they reversed Judges Swygert, Wood and East, giving immunity to Judge Stump.  ... GLZ








#18777 From: lg900df@...
Date: Sun Mar 18, 2012 2:13 am
Subject: Re: Re: IRS Levy
dave.wissel
Send Email Send Email
 
Reply:
Re:Not every such
contract is unconscionable. Lechmere Tire and Sales
Co. v. Burwick, 360 Mass. 7 13, 720, 72 1 , 277 N.E.2d
503
."

Answer: 

Here is the court case I found. 

It was a case of a fellow applying for a credit card and agreeing to be bound by the agreement:

"(I) We agree to surrender credit plate on request and to be responsible for all purchases through its use until surrendered or until the company has been notified of its loss or theft in writing." After he had signed this application...."

[Hint: Sounds like he agreed in writing eh?? Sounds like 4 corners to me???]

Here is the EXACT findings regarding "unconscionable"....

We do not regard the agreement as having been so unconscionable as to require that it be not enforced (cf. Williams v. Walker-Thomas Furniture Co. 350 F. 2d 445 [D.C. Cir.]). We merely hold that all doubts as to its interpretation and as to the meaning of the card itself are to be resolved in favor of the applicant for the card.
There is every reason of public policy for protecting consumers from contractual provisions, not brought home to them, which are or may be unconscionable. See Corbin, Contracts, Section 1376; Prosser, Torts (4th ed.) Section 68; Williston, Contracts (2d ed.) Section 1751B

{Hint: Sounds like the court is ALMOST finding the contract unconscionable simply because the consumer is at a slight disadvantage.....yet he clearly was not FORCED to sign the contract....it was just a credit card application.]


By reference to the word "every" in Black's, obviously this Mass. Court found a few valid. Of course the Supreme Court of the US found Negro's and Japanese unequal to others at one time--so relying upon the courts will ONLY and I repeat ONLY yield you an OPINION. 

The definition for which Black's draws is one of the courts--namely that one party is generally at a disadvantage to the other and unable to modify the terms as in "take it or leave it." So thus THIS definition of 'adhesion contract" is a different one in that simply one is being offered a "take it or leave it contract" with the party at a clear disadvantage. I sincerely doubt anyone is so "forced" as to that he MUST accept the terms of the credit card contract. Next understand that the reference in the PAYTRIDIOT movement of "adhesion contracts" is taken out of context compared to this court definition. They assume it binds beyond the terms which aren't even spelled out.

Re: "dave.wissel" makes comments on the "Four Corners" rules, but does not seem to understand that information and provisions can be "incorporated by reference" into a contract and become as much a part of a document by reference as by being fully quoted in the contract.
Incorporations by reference are a standard procedure in legal documents and are even found in the U.S. Constitution.
Answer: Only an IDIOT doesn't understand this. I use this method all the time to correct government documents: "Signature is invalid without attachment". However the idiots in the paytriot movement assume applications with NO REFERENCE in their 4 corners to something external somehow BINDS someone as do CONTRACTS. First they are APPLICATIONS and NOT contracts.Secondarily without a reference spelled out clearly, how can they bind? Next the idiots in the paytriot movement assume Birth Certificates bind the person as some kind of chattel. Huh? Another crazy notion NOT worth planting in the heads of adversaries. 
You didn't mention it but the Constitution might be a legal document but on its face without more, is not a contract.





--

rock.com


#18778 From: "Carole" <Carole11@...>
Date: Sat Mar 24, 2012 3:26 pm
Subject: MP3/Video Player
carodien
Send Email Send Email
 
Hi All,   I like to listen to audio's that are posted on our groups from time to time, but had trouble because a 2 or 3 hour audio was hard to listen to all at once.   Bought an MP3 player but it didn't allow me to stop in the middle of a recording and resume play whenever I wanted.   I found one that allows that and it is very reasonable and just thought I would share it with the group.   It is a Sansa Fuse MP3/Video Player and it plays video ( small screen) and audio and allows you to resume from the place you paused.   I just got mine from Amazon for less than $40,00 and it has very good sound and controls.   Just sharing.    Carole
 
 
"Those people who will not be governed
by G-d will be ruled by tyrants."  William Penn

#18779 From: Ron Branson <victoryusa@...>
Date: Sat Mar 24, 2012 1:52 am
Subject: U.S. Supreme Court Brief: Is Fraud a Way of Life in Our American Judicial System?
jail4judges_...
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Is Fraud a Way of Life in Our
American Judicial System?



The following Brief was filed in the U.S. Supreme Court on February 24, 2012, and entered upon the Docket March 1, 2012.

Pursuant to Rule 15.3, the Court has given opposing counsel until Monday, April 02, 2012, ten days from today, to oppose this Brief.

Please note that this matter is one of out and out fraud from its inception, wherein there was no Notice whatsoever to appear for an arraignment, Plaintiff was not present, did he have any knowledge of such proceeding, and when inquired of the court reporter named in the 11/24/09 Minute Order for a transcript of this proceeding, was informed that no such proceeding took place.

Upon being so informed by the court reporter, he asked her if she would prepare and sign a Declaration establishing that there was no such arraignment or criminal charges brought forth. She so did, and the declaration from this court reporter has been constantly set forth showing the fraud of this such so-called "conviction."

The implication of this matter is that unless the U.S.Supreme Court reverses, the government can now, through it courts universally applied, see through a "conviction" of anyone they wish of any criminal charge without notice, knowledge, presence, or criminal charges, and can see that that one be imprisoned on these supposed "charges," and there is nothing anyone can do about it. This is true even if the person acquires the declaration of an official court reporter name it the record that no such event transpired. This is the issue now pending before the U.S. Supreme Court, which decision will finalize this question whether such fraudulent action is lawful within these United States.

For those with legal interests, you will find herein a plethora of legal authority referencing the effects of fraud on the courts of America. The question is, can we rely upon these authorities. We shall now see if fraud is now the way of life to be expected in our judicial system of America.

Ronald Branson


------/------/-----/-----/-----/-----/-----


No.  11-9026

Filed February 24 2012 and Placed on Docket March 1, 2012

IN THE

SUPREME COURT OF THE UNITED STATES

_____________________________

 

RONALD BRANSON, PETITIONER

VS.

CITY OF LOS ANGELES, ET, AL, RESPONDENTS

ON PETITION FOR A WRIT OF CERTIORARI TO

 

NINTH CIRCUIT COURT OF APPEALS

D.C. No. 2:11-cv-00565-ODW,  NINTH CIR. CASE  No. 11-56857

PETITION FOR WRIT OF CERTIORARI

 

                             RONALD BRANSON

                             - - - - - OTSEGO ST., # X

                             NORTH HOLLYWOOD, CA. 91601

             (818) 310- 8999

 

 

 

 

 

 

QUESTION  PRESENTED  FOR  REVIEW

 

Is Petitioner Entitled to a Record, Questions on Appeal, and an Opening Brief Prior to Summary Affirmation of Dismissal by the Ninth Circuit?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LIST  OF PARTIES

 

All parties do not appear in the caption on the cover page. A full list of all parties to the proceeding in this court whose order is the subject of this petition is as follows:

 

CITY OF LOS ANGELES

OFFICER KEVIN BAYONA

DOE 1 / aka MARVIN GROSS

DOE 2 / aka MELONY SCHOENBERG

DOE 3 / aka NANCY S. GAST

DOE 4 / aka MICHAEL JESIC

DOE 5 / aka ANITA DYMANT

DOE 6 / aka PATTI JO MC KAY

DOE 7 / aka SUNJAY KUMAR

 

 

 

 

 

TABLE  OF  CONTENTS

                                             Page

QUESTION PRESENTED FOR REVIEW                                                 2

 

LIST OF PARTIES                                                                                       3

 

TABLE OF CONTENTS                                                                              4

 

TABLE OF AUTHORITIES CITED                                                            5

 

STATUTES AND RULES                                                                            6

 

OPINION BELOW                                                                                        7

 

JURISDICTION                                                                                             7

 

STATEMENT OF THE CASE                                                                  8-15

 

REASON FOR GRANTING THE WRIT                                                    16

 

CONCLUSION                                                                                             17

 

APPENDIX A:  Order of Ninth Circuit filed 10/25/11                                18

APPENDIX B:  Order of Ninth Circuit filed 12/8/11                                  19

PROOF OF SERVICE                                                                                  20

 

 

 

 

 

TABLE OF AUTHORITIES CITED

 

CASES                                                                                                      Page

 

Boyce’s Executors v. Grundy (1830) 28 U.S. 210                                         11

 

Cross v. Tustin (1951) 37 Cal.2d 1067                                                          12

 

Elliott v. Lessee of Piersol, 26 U.S. 1 Pet. 328 (1828)                            13, 14

 

(In re Wyatt, 114 Cal.App. 557, 559. [300 P. 132])                                      11

 

Jackson Law Office, P.C. v. Chappell, 327 SW2d 15 at 27                    11, 12

 

Libhart v. Copeland 949 SW2d 783, 794                                                11, 12

 

Nudd v. Burrows (1875) 91 U.S. 416                                                            11

 

Pioneer Land Co. v. Maddux, 109 Cal. 633, 642                                         14

 

Ralph v. Police Court, 84 C.A.2d 257, 260                                                  11

 

Rochin v. Pat Johnson Manufacturing Co.,

(1998) 67 Cal. App. 4th 1228, 1239                                                              14

 

Selling v. Radford, 243 U.S. 46, 51 (1917)                                           14 - 15

 

United States v. Hooton, 693 F.2d 857 (1982)                                       10, 17

 

United States v. Throckmorton (1878) 98 U.S. 61, 70                                  11

 

Windsor v. McVeigh, 93 U. S. 274 (1876)                                              12, 13

 

 

 

 

STATUTES AND RULES                                                                   Page

 

Code of Civil Procedure Sec. 1916                                                             8

 

Federal Rules of Appellate Procedure 3(c)(4)                                           10

 

9th Cir. Rule 3-6                                                                                        10

 

OTHER

 

Appendix A                                                                                                 9

 

Appendix B                                                                                                10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORATI

 

Petitioner respectfully prays that a writ of certiorari issue to review the order below.

 

OPINION BELOW

 

 

[x]     For cases from federal courts:

 

          The opinion of the United States court of appeals appears at      Appendix B to the petition and is

          [  ]     reported at _____________________________________; or

          [  ]     has been designated for publication but is not yet reported; or

          [  ]     is unpublished.

          [x]     not indicated as to be published or unpublished.

 

JURISDICTION

 

[X]     For cases from federal courts:

 

          The date on which the United States Court of Appeals decided my      case was December 8, 2011.

 

          [x]     No petition for rehearing was timely filed in my case.

 

          The jurisdiction of this Court is invoked under 28 U.S.C. Sec. 1254(1)

 

 

STATEMENT OF THE CASE

 

Facts, Authorities, and Case Precedence

 

This Certiorari arises out of a federal suit involving a 11/24/09 fraudulent Minute Order created by someone yet unknown that alleges that Petitioner was present and arraigned on criminal charges, a fact which is specifically contradicted by the sworn declaration under oath of the court reporter named within that Minute Order, to wit, VERONIKA COHEN. It follows that she also was made a victim of this fraudulently created Minute Order. An alleged “conviction” of the non-existent charges followed with an affirmation on appeal, despite a CCP Sec. 1916 impeachment of the record, which provides, “Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.”

Petitioner sought to bring up this fraud issue within the State Court of Appeals, but was barred by the Appellate Department of the Los Angeles Superior Court from doing so. Therefore, in lieu thereof, Petitioner brought a state court civil action in which action defendants defaulted. Instead of dealing with the default, defendants removed the state action to federal court, ignoring the state court default.

In federal court Petitioner was given leave to amend the complaint to convert it into a federal cause of action. Thereupon, four federal judges, one after another, successively recused themselves from the case. It was then passed on to the fifth federal judge, Judge Otis D. Wright, who, without an appearance of any of the parties before him, summarily dismissed the federal fraud action 10/17/2011, stating that Petitioner could refile his federal action when he got the state court conviction overturned. However, since the federal complaint alleges there were no criminal charges upon which a conviction could exist, a fact supported by the declaration of the court reporter VERONIKA COHEN, Petitioner appealed that decision on 10/20/2012.

Upon the filing of the Notice of Appeal, Petitioner was immediately notified, “A review of the record demonstrates that this appeal may be appropriate for summary disposition…” Appendix A, dated 10/25/2011. Petition had never heard of a case in which the appeal was pre-planned to be disposed of instantly without any record, questions on appeal, or an Opening Brief. Such pre-planned summary Affirmation of dismissal of this fraud case materialized in Appendix B, 12/8/2011. This instant Petition for Certiorari ensued.

 

The Order of 10/25/2011, (Appendix A), states it is based upon “A review of the record,” and cites to 9th Cir. Rule 3-6. But there is no record whatsoever, only a Notice of Appeal. This summary affirmation at the Notice of Appeal stage proves that the dismissal of this case alleging fraud was pre-planned.

An appeal cannot be disposed of by law merely because one files a Notice of Appeal. FRAP 3(c)(4) states, “An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice.”

The Order of 12/8/2011 (Appendix B), cites to United States v. Hooton, 693 F.2d 857 (1982), which twice states that its determination is based upon the filing of an Opening Brief. But here, as stated, there is no “Opening Brief” on which to make a determination, only a summary blockage of the statutory right of appeal.

 

Here are just some cases in which this Court, and others, have ruled on with respect to the types of fraud which are herein involved:

“…the filing of a complaint was mandatory, and essential to the jurisdiction of the court. ‘Jurisdiction is fundamental. It is the primary question for determination by a court to any case, for jurisdiction is the power to hear and determine. [Citing cases.] If a judgment is rendered by a court which did not have jurisdiction to hear a cause, such judgment is void ab initio. [Citing cases.] Even though a void judgment is affirmed on appeal, it is not thereby rendered valid.’ (In re Wyatt, 114 Cal.App. 557, 559. [300 P. 132])” Ralph v. Police Court, 84 C.A.2d 257, 260.

 “Fraud vitiates everything it touches.” Nudd v. Burrows (1875) 91 U.S. 416.

          “Fraud destroys the validity of everything into which it enters.”

Boyce’s Executors v. Grundy (1830) 28 U.S. 210.

          “Fraud vitiates the most solemn contracts, documents and even judgments.” United States v. Throckmorton (1878) 98 U.S. 61, 70.

          “No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment or a court, no order of a minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. …fraud vitiates all transactions, and if taken for a fraudulent purpose to carry out a fraudulent scheme, such action is void and of no force or effect whatever, equality will compel fair dealing, disregarding all forms and subterfuges, and looking only to the substance of things.” Jackson Law Office, P.C. v. Chappell, 327 SW2d 15 at 27 citing Libhart v. Copeland 949 SW2d 783, 794.

“Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been ‘deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.’ ’’   Cross v. Tustin (1951) 37 Cal.2d 1067.

“The principle stated in this terse language lies at the foundation of all well ordered systems of jurisprudence. Wherever one is assailed in his person or his property, there he may defend, for the liability and the right are inseparable. This is a principle of natural justice, recognized as such by the common intelligence and conscience of all nations. A sentence of a court pronounced against a party without hearing him or giving him an opportunity to be heard is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.       “That there must be notice to a party of some kind, actual or constructive, to a valid judgment affecting his rights is admitted. Until notice is given, the court has no jurisdiction in any case to proceed to judgment, whatever its authority may be, by the law of its organization, over the subject matter. But notice is only for the purpose of affording the party an opportunity of being heard upon the claim or the charges made; it is a summons to him to appear and speak, if he has any thing to say, why the judgment sought should not be rendered. A denial to a party of the benefit of a notice would be in effect to deny that he is entitled to notice at all, and the sham and deceptive proceeding had better be omitted altogether. …. It is difficult to speak of a decree thus rendered with moderation; it was in fact a mere arbitrary edict, clothed in the form of a judicial sentence.” Windsor v. McVeigh, 93 U. S. 274 (1876).

“If the court of a state had jurisdiction of a matter, its decision would be conclusive, but this Court cannot yield assent to the proposition that the jurisdiction of a state court cannot be questioned where its proceeding were brought collaterally before the circuit court of the United States.

“Where a court has jurisdiction, it has a right to decide any question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, until reversed, are regarded as binding in every other court. But if it acts without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a remedy sought in opposition to them, even prior to a reversal. They constitute no justification, and all persons concerned in executing such judgments or sentences are considered in law as trespassers.

“The jurisdiction of any court exercising authority over a subject may be inquired into in every other court when the proceedings of the former are relied on and brought before the latter by a party claiming the benefit of such proceedings.” Elliott v. Lessee of Piersol, 26 U.S. 1 Pet. 328 (1828).

“The affirmance of a void judgment upon appeal imparts no validity to the judgment, but is in itself void by reason of the nullity of the judgment appealed from.” Pioneer Land Co. v. Maddux, 109 Cal. 633, 642.

“The doctrine of res judicata is inapplicable to void judgments. ‘Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction or where it is obtained by extrinsic fraud.” Rochin v. Pat Johnson Manufacturing Co., (1998) 67 Cal. App. 4th 1228, 1239.

“… [W]e are of opinion that we should recognize the condition created by the judgment of the state court unless, from an intrinsic consideration of the state record, one or all of the following conditions should appear: 1, that the state procedure, from want of notice or opportunity to be heard, was wanting in due process, 2, that there was such an infirmity of proof as to facts found to have established the want of fair private and professional character as to give rise to a clear conviction on our part that we could not, consistently with our duty, accept as final the conclusion on that subject, or 3, that some other grave reason existed which should convince us that to allow the natural consequences of the judgment to have their effect would conflict with the duty which rests upon us not to disbar except upon the conviction that, under the principles of right and justice, we were constrained so to do.”  Selling v. Radford, 243 U.S. 46, 51 (1917)

 

 

 

 

 

 

 

 

 

 

 

 

REASONS FOR GRANTING THE PETITION

This appeal from the Ninth Circuit has so far departed from the accepted and usual course of judicial proceedings in affirming an Order of dismissal immediately following the filing of a Notice of Appeal, and prior to a record, questions on appeal, and an Opening Brief so as to call for the exercise of this Court’s supervisory power.

 

 

 

 

 

 

 

 

 

 

 

 

CONCLUSION

The Order of Affirmation of dismissal, (Appendix B), not only runs afoul of United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982), but also so far departs from the normal appellate procedure that its Order calls for the exercise of this Court’s supervisory power inasmuch as should such behavior be given universal acceptance, there could exist no more appeals to the Ninth Circuit, as all Orders and Judgments would be Affirmed without record or briefing the instant the Notice of Appeal was filed.

This Court would be just in ordering the Ninth Circuit to permit a Record on Appeal, and based thereupon, an Opening Brief, and for this Appeal to proceed as required under the FRAP.

The petition for a writ of certiorari should be granted.

Respectfully submitted,

 

__________________________________         

Dated:   February 24, 2012






1 of 1 File(s)


#18780 From: Ron Branson <victoryusa@...>
Date: Mon Mar 26, 2012 4:35 pm
Subject: The Initiative Process, Why So High?
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The Initiative Process, Why So High?


Rashid, you have asked me why the the price for getting a Constitutional Initiative on the ballot in California is so high. It used to be about $1.2 million, but since the Legislature pretty much captured the entire Initiative market using our own tax dollars, we find ourselves competing with our own tax dollars.

Suppose the People among ourselves had the entire Oaks Market competitively locked up. But then the government entered into the Oats Market by proposing and collecting an Oat Farmer's Tax. With that Oats Farmer's Tax, they captured 2/3rds of the Oat Market Industry. What would be the effect? All Oat Farmers would have to raise the prices on their Oats to over twice what it used to be.

I have pointed out that for government to use the People's  exclusive constitutionally protected Initiative Process, is not only unfair, but very unconstitutional. Art. II, Sec. 1 of the California Constitution, which is the Initiative Provision, states, "All political power is inherent in the people. ...they have the right to alter or reform [government] when the public good may require." 

So, if ALL political power is inherent in the People, how much is inherent in government? The Initiative Process is exclusively preserved for the People to alter or reform their government, not for government to reform the People. Horses are for horseback riders, not peopleback riders for horses to ride.

Have you ever noticed that in excess of 2/3rds of all Initiatives placed on the ballot are placed there by our government, using our tax dollars, seeking to reform us? Where do they get this power? Certainly not from the Initiative Process.

If 2/3rds of the Initiatives are placed on the ballot by our own tax dollars, we, the other 1/3rd remaining, are competing with ourselves in the other 2/3rds market, running the price tag to over twice what passing an Initiative would otherwise cost the People.

If you think about it, all powers in the hands of the People, have been taken over by government. The Constitution recognizes our right to keep and bear arms. Government says, "Yes, but we will dictate to you how many, when, and where you can exercise that right. And by the way, you must surrender all the information we ask, so we may keep track of how you exercise that right."

Grand Juries are the Power of the People against an arbitrary government. But who manages the Grand Jury? Sorry to say, but the People have surrendered the power of the Grand Jury to the government. The judges select the Grand Jurors. The Prosecution advises the Grand Jury, and the legislators have mandated that Grand Jurors are precluded from investigating judges. Instead, the powers of the People in the Grand Jury, has been transferred to judicial commissions under the influence and authority of judges.

We recognized our own power in creating the Initiative Process within our Constitution so we can alter and reform our government for our benefit. But, then we have allowed the government to sweet talk us out of that exclusive power to allow them to take over our Initiative Process, and drive the prices up so that we, the People, can no longer afford the Initiative Process to initiative change. In other words, we, the People, willingly are financing a government of the government, by the government, and for the government, and if we, the People, do not approve, we, the People, must have the government's permission, to alter that.

We have allowed the horses to convince us that we must carry them on our backs to wherever they want us to go. The People are their own worst enemy, as Pogo once stated, "We have met the enemy, and he is us."

Now, as to your question, where can you find the professional Initiative companies? I suggest you do a search engine on the Internet for California Initiative Signature Gatherers.

Ron Branson


P.S. - Monkeys are not a smart as men, as evidenced by the fact that People have learned how to blow their brains out. Monkeys are not so smart, as they have not yet attained unto this intelligence as yet.



rashidemail wrote:

Hi Ron

 

 

Thanks for responding

 

 

How do I get in touch with the organizations, and why is the price so high. I thought about 1 million would needed to be raise.

 

 

Rashid

 

From: Ron Branson [mailto:VictoryUSA@...]
Sent: Sunday, March 25, 2012 4:04 PM
To: rashidemail@...
Subject: Re: initiative



The last I checked, I was given a price of 2.1 million dollars for the complete service to get an State Constitutional Amendment on the California ballot. There are approximately four competitive organization here in CA. willing to accept a contract agreement with you.

Ron Branson

www.jail4judges.org





#18781 From: Ron Branson <victoryusa@...>
Date: Fri Mar 23, 2012 4:48 am
Subject: South Dakota - "State Prison Population Hits Record High"
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Gary Zerman, I would like to comment on the below news article, "State Prison Population Hits Record High"

It should be noted that the prison population in the U.S. is five times higher per capita than all the rest of the world. This statistic is gleaned from statements that the U.S. has only 5% of the worlds population, but has 25% of the worlds population behind prison bars.

Further, it should be noted that of all fifty states in the U.S., it is the State of South Dakota that has the highest population per capita in prison of all states. Hence, the prison capital of the World is South Dakota.

Further, I call to attention that when the State of South Dakota took on its fight against the passage of J.A.I.L., it chose as its focus the threat to South Dakota's prison population, saying that what J.A.I.L. was seeking was to release all the felons behind bars in South Dakota to go after the jurors who voted to convict them, and place them behind those bars.

We also discovered that one of the State Senators had the entire vendor business sown up within all the prisons in South Dakota. Every time a prisoner purchased from the vending machines, he made money, which endowed him with his fortunes..

Ron Branson




News 1 new result for court judge "South Dakota"
 
State prison population hits record high
Rapid City Journal
PIERRE — South Dakota's prison population hit record highs in recent months, state officials said Thursday as they described stepped-up efforts to reduce the number of people sentenced to prison and cut the number of parolees who end up back behind ...
See all stories on this topic »




#18782 From: Ron Branson <victoryusa@...>
Date: Mon Mar 19, 2012 11:11 pm
Subject: The Problem With Commissions - by Ron Branson
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The Problem With Commissions
By Ron Branson
National J.A.I.L. Commander-In-Chief

All throughout America People are facing hopeless despair. They just do not know what to do. Well spoken are the words of Hosea the Prophet in Hosea 4:6, "My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee..."

In hopes they may find a remedy, People create commissions. We have commissions for everything, panels of people seated for the purpose of investigating those within their jurisdiction. But one fact appears universal, and that is, because of the sin nature of all mankind, these created commissions always cover for the evil done by the object of their commission.

This very day, March 19, 2012, I picked up the mail, and therein I found a book whose price listed was $18 entitled, "Trapped In The Lawyers' Den With Bloodsuckers," sent to me unsolicited. In the the mailing package was a letter from the author seeking to gain my interest. I read the letter which she received in response to her grievance complaint of attorney misconduct to the North Carolina State Bar. Its words inspired me to write this piece which I have entitled, "The Problem With Commissions."

It contained a letter addressed to a Ms. McKay: which says, "This is to advise that your grievance complaint filed against the above-named attorney has been investigated by the Office of The North Carolina State Bar. The investigation and your grievance affidavit were presented to the Grievance Committee.

After due consideration the Committee was of the opinion that the conduct of which you complained did not justify a finding of probable cause indicating that the above named attorney violated the Code of Professional Responsibility of The North Carolina State Bar.

Therefore, at the meeting of the Grievance Committee held on January 16, ... the complaint filed by you was dismissed, and your are hereby notified accordingly."

I found these words to be so typical of all the letters which I have ever seen from  "investigating commissions." Essentially, every response from the State Judicial Commissions contain near verbatim words. The letters contain no identity of the person who is complained about, and no particulars, merely "an investigation was conducted as to the person you complained about, and it was found at our meeting of whatever date, that there was no probable cause indicating that the named person within your grievance complaint has violated whatever authority of which that commission considers to be its authority."

Government Commissions invariably cover for government corruption, the Security and Exchange Commission covers for financial corruption, the Medical Commissions cover for Medical Doctors, the State Bar Associations cover for attorneys, and Judicial Commissions invariable cover for all judicial corruption, no matter what the corruption may be. So what is the problem? It is the sinful nature of mankind that started in the Garden of Eden with Adam. If you want corruption to flourish, create a commission over it, and you will be assured that corruption will abound.

The People of the City of Los Angeles created an Ethics Commission because of ethic corruption in city government. I went and sat before it. When I heard what was taking place, I asked the commission for recognition. When I got it, I piped up and said, "From what I see going on here, it will not be long before this Ethics Commission will be facing complaints from the public of Ethics violations. The chairman of the commission responded immediately, "They already are!" Question: Are we then supposed to create a Super Ethics Commission to investigate the Ethics Commission?

It is true that our Founding Fathers experienced in England the overriding influence of King George, the III over the entire judiciary. To counter this, our Founding Fathers determined to cover this flaw for all federal judges by giving them lifetime tenure, and protected lifetime salaries that could not be diminished. Their intent was well-meaning, as they wanted federal judges to be a liberty to rule righteously without fear of intimidation. But, what really happened? It in fact gave the all federal judges the confidence that they could do evil with both hands diligently. The Lord was familiar with this very principle of which I here discuss, and He placed a warning with our Bibles, which we have disregarded. "The good man is perished out of the earth: and there is none upright among men: they all lie in wait for blood; they hunt every man his brother with a net. That they may do evil with both hands earnestly, the prince asketh, and the judge asketh for a reward; and the great man, he uttereth his mischievous desire: so they wrap it up. The best of them is as a brier: the most upright is sharper than a thorn hedge:" Micah 7:2-4.


Now that we have discussed that commissions, whatever purpose they be created for, just do not work, is there any answer? Yes, there is! But here too we must be absolutely be guarded as it depends upon discouraging dishonesty. It is the Independent Special Grand Jury created by the Judicial Accountability Initiative Law (J.A.I.L.). Now you say, what makes J.A.I.L. so different, it is still People tempted to be dishonest? It is because, unlike commissions, it rotates two Grand Jurors off the Grand Jury every month, and replaces them with new Jurors. The theory is, we just cannot give these Grand Jurors the time to enjoy becoming corrupt, or should that happen, they may be corrupt only for a very short time. In this manner we get a cross-section of all society with its common denominator of its propensity to be corrupt. This is the best we can do until we can get some perfect, sinless men in there to sit in judgment with absolute no ulterior motives.

Within J.A.I.L. we preclude most every profession sitting on these Special Grand Juries which will likely have a conflict of interest, and give we give them no possibility of a retirement therein. Therefore, we exclude all judges, all judicial personnel, all lawyers, all prosecutors, all law enforcement, and all law enforcement personnel right up front. Because the pool is made up solely of volunteers with no possibility of retirement benefits, only those of the lower level will volunteer to serve thereon. It is obvious that no corporate CEO will choose to serve, or no one unwilling to give up one year of their profession from an ideal or prosperous job. Only the down and outers, and especially the homeless and unfortunate will find this position to be an opportunity of a lifetime.

The ones who should have ultimate temporary and unreviewable power over the mightiest of all judges on within this country on the issue of ethics should be the most unconnected, the downtrodden, those not owning a home, a bank or a savings account, a car, or a job, etc. "Set them to judge who are least esteemed..." as thus saith the Lord, I Corinthians 6:4. These downtrodden will be paid at the same rate as the judges over whom they in judgment, who decide whether a judge has willfully violated his Oath of Office or any laws that govern their conduct.

Commissions will never work, so we must have temporary, rotating common simple people who look not to be rich and wealthy, or who have negative aspirations to be re-elected to office, or who look to security, and a lifetime tenure. It is to these downtrodden who must ultimately decide our ultimate ethic issues. "Hearken, my beloved brethern, Hath not G-d chosen the poor of this world ... Do not rich men oppress you, and draw you before the judgment seats?" James 2:5 & 6.


If we ever expect America to recover and become prosperous again, harken to what I say. There is no other way. Only through justice within our judiciary can prosperity for the common People ever happen, for "Righteousness exalteth a nation:" Proverbs 14:34. Judicial Immunity is absolutely inconsistent with a future prosperous America! We shall otherwise pay the price for ignoring this advice!

Ron Branson
VictoryUSA@...







#18783 From: Ron Branson <victoryusa@...>
Date: Sat Apr 7, 2012 2:32 am
Subject: "Where is Sandra Day O'Connor When You Need Her?"
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http://americancourthouse.com/2012/04/04/where-is-sandra-day-oconnor-when-you-need-her.html/comment-page-1#comment-2343

Where is Sandra Day O’Connor When You Need Her?

April 4, 2012

For years, the scolds that define the “merit” selection campaign have taken to the soapbox to decry “politics” in the courtroom.  So earlier this week when President Obama launched a “pre-emptive strike,” as Politico put it, and “inject[ed] a high-level dose of politics” into the U.S. Supreme Court’s deliberations over the fate of the Obama health care law, you’d expect Sandra Day O’Connor and the Soros-machine to be cranking out condemnations, right?  After all, what could be a greater threat to judicial independence than having the Supreme Court threatened before a ruling has even been issued by the most powerful man in the world? 

Instead, radio silence. 

In fact, some “merit” selection cheerleaders joined in the unprecedented attack on the Supreme Court.  As usual, the New York Times set the bar for hysteria, warning Chief Justice Roberts that a decision to strike down Obamacare would be equivalent to the Court “declaring itself virtually unfettered by the law” and hyperventilating that no court has shown itself “less restrained in signaling its willingness to replace law made by Congress with law made by justices.”  With her characteristic charm and wit, Times columnist Maureen Dowd dismissed the Roberts’ Court as a bunch of “hacks dressed up in black robes.” Roberts himself is labeled a “crimson partisan”; Justice Scalia is branded as “venomous”; Justice Alito mocked as “insufferable”; and Justice Thomas accused of having “lied his way onto the court.” 

But wait a minute.  Isn’t this the same paper that applauded the Iowa’s Supreme Court decision to “replace law made by Congress [in this case, the Iowa legislature] with law made by justices” when it overturned the state’s defense of marriage act?  Didn’t the Gray Lady admonish Iowa voters just weeks before election day that exercising their constitutional right not to retain three of those justices would amount to “a chilling message to  judges beyond Iowa’s borders to beware of rendering opinions that some voter blocks might dislike”? 

For her part, former Justice O’Connor rushed to the defense of the Iowa Supremes, stumping on their behalf in a failed attempt to prevent them from being unceremoniously dumped by the state’s voters.  But if she roused herself to defend the integrity of her former colleagues, I haven’t heard about it. 

Of course, it’s her right to sit on the sidelines when the President of the United States and the “paper of record” launch political attacks on the nation’s highest court.  But her deafening silence – along with the rest of the Soros crowd – gives the lie for all time to the nauseatingly self-righteous pretense that “merit” selection has anything to do with keeping “politics” out of the courtroom.

Posted by Dan Pero



Comments

“Where is Sandra Day O’Connor When You Need Her?”

    1. Ron Branson  April 6th, 2012 5:49 pm

      My, my, my, so do we now have an exposure of Sandra Day O’Connor within this article? It was this Sandra who came out blasting the Judicial Accountability Initiative Law on the ballot of South Dakota back in 2006 when she stated that this would disrupt Judicial Independence in America. She gained worldwide media attention on this within the Wall Street Journal.

      Her story was even picked up by CNN in which CNN inquired if I would be willing to come on the air to present the opposing view to her espousal of her doctrine of Judicial Independence. She denigrated Judicial Accountability with the words, “They even call it JAIL4Judges.”

      So, Sandra, where is your voice now that the issue of Judicial Independence is front and center within the news? Were we not disputing this issue together in 2006? Have you now changed your mind and come to see the error of your ways?

      Ron Branson



#18784 From: Ron Branson <victoryusa@...>
Date: Sun Apr 8, 2012 7:18 am
Subject: Ron, What Do You Find With The Holding of the Courts as Cited Below?
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Ron Branson:

What fault do you find with the holdings of the courts as cited below? 

The problem of We the People lies in the lack of power to force prosecutors to charge judges and prosecutors with crimes.

I believe courts have held that law enforcers have no particularly duty to prevent a person from injuring or committing a crime against another.  In other words, law enforcers get qualified immunity for their failure to behave as a Good Samaritan would respecting crime.  I naturally dissent with this.  Government exists primarily to prevent injustice, and law enforcers constitute the front line of that prevention.

That applies with respect to crimes by government employees, particularly crimes against We the People.

But the Courts have made a good point.  The grand jury exists not to prosecute but to investigate and report.

And yet when the very government employees We the People rely upon for prevention of injustice COMMIT the injustice, does not the citizen have the right to bring this fact to the grand jury, or to conduct the prosecution without the assistance of an official prosecutor?

Clearly America needs new state and federal constitutional provisions redefining the nature of grand jury investigation, providing a formal method free of government interference for the public to bring evidence of crimes to the attention of the grand jury, and a method of forcing prosecutors to show cause why they shouldn’t suffer a penalty for failing to prosecute a crime, particularly one by government employees.

The Sibley case is a clear example.  Deceiving We the People about credentials for the presidency ought to constitute a crime, and certainly a grand jury ought to get involved and investigate when widespread rumor and publicly known evidence suggests that the President is not a natural born citizen.  Running for office while knowing one cannot prove credentials constitutes a form of making false statements to Government under 18 USC 1001.  The DOJ should have prosecuted Obama for this before he took office.

Bob Hurt

 

Bob, the problem lies with a conflict of interest. First off, most prosecutors aspire to become judges. Most judges were prosecutors. Prosecutors naturally conclude, and falsely so, that their job is to get convictions. If you want to have a good record of convictions, you certainly want to stay on the good side of the judges.

When it comes to the prosecution being the State Attorney General's Office, it must be understood that the Attorney General is the defense counsel for the judges, and they must maintain a good sembyonick relationship. This, I got from the Attorney General's Office personally stated this to me in the elevator. They admit they have a conflict of interest with the judges of California.

In saying what I have said above, it should be known that not all prosecutors are going along with the system. Two L.A. County Prosecutors called me as asked what they could do about judicial immunity in relation to criminal matters. What they told me that they were seeking to prosecute two L.A. County Superior Court judges, and these judges were successfully asserting that they were covered by judicial immunity, and the judge hearing the prosecution's case, agreed with these judge's defense to the prosecution. I told them that there is no principle in law or court cases in which judges had immunity from criminal prosecution, but that was what these prosecutors were facing.

Now in responding to your statement, "But the Courts have made a good point.  The grand jury exists not to prosecute but to investigate and report." 
The Grand Jury is the People. We, the People, allow the prosecution access to bring their complaint to us for us to consider if their complaint meets the standards of Probable Cause. We make the final unappealable decision of this question. Obviously, while we allow the prosecution access to us, we do not preclude ourselves from ourselves. The Grand Jury is not a government body, but the People's body. This is why we are not a Fourth Branch of Government in the Constitution, but the root and trunk of the tree upon which the three Branches of Government spring. We do not answer to the Government, but the Government answers to us.

As has been said, The Grand Jury is both a Shield of the People, and a Sword of the People. The Government comes to the Grand Jury seeking an indictment of the People. They swing at the People with their Sword, and the Grand Jury [the People] has the liberty of throwing up their Shield.

Likewise, when the People come to the Grand Jury with a complaint about Government, the Grand Jury, through its autonomous People, may lift their People Sword and pursue the Government evil-doers. Else, how would the People have the power to go after Government corruption?

Now you state that the Constitution need to "redefining the nature of grand jury investigations." To this I agree, as the Constitution actually has next to nothing  expressing the powers and duties of the Grand Jury. This is precisely why I carefully worded the J.A.I.L. Special Grand Jury to resolve this issue. I even provided for Special Prosecutors that work for the Grand Jury in prosecuting judges.

We must remember above all, that all power must originate from the People, and return to the People. In effect, within the construction of Government, the People must be the Alpha and the Omega, the First and the Last! This is precisely why Government greatly fears JAIL4Judges because it closes the loopholes within our Constitution, especially regarding judges and prosecutors.

Ron Branson





#18785 From: Jerry Stanton <farm_stone@...>
Date: Fri Apr 6, 2012 3:48 am
Subject: ATTORNEY'S BECRAFT & CRYER
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: ATTORNEYS BECRAFT & CRYER
 



 
Written by Jerry James Stanton
 
 
Monday, April 3, 2012
 
SQUIRE ATTORNEY LARRY BECRAFT and TOMMY CRYER. You both claim I am a crackpot in recent Yahoo Group e-mails. In my defense, I write what I believe to true about ATTORNEY’S and where I found it to be evidenced as true.
 
            Did you tell your clients, that asked you for your help, how l-cky they were if you refused to represent them? [Which is not assistance of counsel] There are enough victims that lost everything they ever had, and or ended up in prison for a victimless crimes because he hired a BAR licensed ATTORNEY, and became a ward of the court, with out their knowledge?   Mr. Larry Becraft or Tommy Cryer if you took them as clients, would you have conveyed these facts to them before they hired you? Would they have hired you if they new the truth?
 
  Rape, plunder and fraud.
           
     The above are crimes, but these monsters who are far worse, are not imprisoned or punished. One honest ATTORNEY, a Richard Fine, that exposed the crimes of the courts in L.A
California, was taken to jail for a year, with out a lawful complaint, ever being filed. Another
One that exposed them was disbarred, a Ed Rivera. Both of their stories can be easily found of the internet.
 
            All members of the State BAR have taken a oath foreign to the U.S Constitution and made themselves above the law, contrary to the original 13 Amendment which has never been repealed:
 
"If any citizen of the United States shall accept, claim, receive, or retain, any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."
           
                 Attorney’s in America
 
            Corpus Juris Secundum, Attorney & Client, Sec. 4, pg 802.
 
            Who does your Attorney Really Represent?
 
1.             Read the 11th Chapter of the Gospel of Luke.
 
2. Americans appearing in American courts represented by licensed lawyers are known to be "wards-of-the-court". See, e.g., Corpus Juris Secundum, Attorney & Client, Sec. 2, pg 769.: Black's Law Dictionary (5th Ed., 1991) defines "wards-of-the-court" as "infants" or "persons of unsound mind".
 
            You could "look it up".   Your lawyer didn't explain this to you when he took your money?  Ever Wonder why?
 
            3. "Their [the attorney's] first duty is to the court, not to the client, and wherever the duties he owes to the client conflict with the duties he owes to the court, as an officer of the court in the administration of justice, the former must yield to the latter". Corpus Juris Secundum, Attorney & Client, Sec. 4, pg 802. [Emphasis mine.] Your lawyer didn't explain this to you either? A clear case of criminal Deception, a fraud to imprison those that never had a lawful complaint , brought before a constitutional compliant court or were ever shown due cause or a contract they signed that had full discloser.
 
            4. In the Oxford English Dictionary [ entries in 22 volumes], look up "lawyer" & "liar". After you learn why those words are connected phonetically in English.
 
            Just read the 5th Amendment which clearly states;
 
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
            This is not up holding the constitution. This is bad behavior and they cease to be lawful judges. Their orders are void, and all those in prison should be released till time a lawful complaint is brought forth with a notarized signature of a injured party or a contract that was sighed with full discloser.
 
            See: Article III Section 1.
 
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior,...
 
            This is a act of fraud and treason upon the people of the U.S.A.   When accused of a crime.   Denying all using a BAR licensed attorney, of their constitutional right to lawful counsel, to help the defendant know what his rights are and to help those defend those rights to life, liberty, property and pursuit of happiness. Wards of the court have no unalienable rights.
This BAR ATTORNEY scam has lead this nation to have highest percentage of imprisoned  people per population of any country in the world and great portion of those imprisoned  for victimless crimes.
            Blacks Law dictionary defines "private property, in essence, as, "Property protected from appropriation, over which the owner has exclusive and absolute  rights."   Read the entire bill of rights and the definition of the word unalienable right.
 
            Licensed attorneys and Licensed attorney judges, have endless case law and statute law that says, we can not be sovereign free inhabitants in the several states, we have no rights to have I.D without a federal benefit slave card number, known as S.S.N, no right to lawful money, due process of law, free passage on the right a ways, we have to license our rights, license our private property, no right to exchange our labor for compensation to feed and cloth our selves and our families, no right to own private property or a home to shelter our families.
 
            What attorney's don't tell you is:
 
"It is a clearly established principle of law that an attorney must represent a corporation, it being incorporeal and a creature of the law.  An attorney representing an artificial entity must appear with the corporate charter and law in his hand.  A person acting as an attorney for a foreign principal must be registered to act on the principal's behalf.  See, Foreign Agents Registration Act (22 USC § 612 et seq.); Victor Rabinowitz et. al. v. Robert F. Kennedy, 376 US 605.
 
            This year alone millions of homes are being foreclosed on by attorneys as third party debt collectors for criminal bankers that have no standing to foreclose, no interest in the home, lent nothing, sold the contract, took the bail out money, collected the mortgage insurance, and now throw the families into the streets and sell their homes and land with help of criminal BAR attorney judges writing void eviction order without any jurisdiction or authority to do so.   This is simply stealing, plundering and sometimes direct, cause of many families breaking up and owners often committing, suicide.  See; Bank must lend deposits, not credit. | Paul John  www.pauljjhansen.com/?p=313
 
 
            This year alone the STATE OF MICHIGAN with the help of their Squire BAR attorneys and their, Squire BAR licensed attorney judges will steal the homes and land of thousands families, using deception and fraud, pretending the peoples private property and land is commercial so they, do not have to follow the fifth amendment.   By having the words private property, property and land changed, to real property or real estate using a ad valorem tax all commercial terms which are taxable if their owners are creatures of the CORPORATE STATE and receive a benefit from the STATE for their commercial activity.  These attorney crimes are open treason against the people of the U.S.A. using deception to over throw the country and circumvent the constitutional restraints put on government for the protection of its people.
           
These attorney crimes are as bad as those committed in Germany by the Germans in World War 2, and they deserve the same treatment.   Because of the above listed facts  I conclude none of these attorneys should be free to continue their plunder and destruction of the U.S.A and its people.   These terrorists, need hunted down, stopped and jailed for the felonies they have committed and are committing, and let the courts of America be its lawful juries that decide the facts and the law as it was intended by our forefathers and unbiased judges that are not part of the private club called the AMERICAN BAR ASSOCATION, which was considered a communist organization in 1953 by US Congress and I believe they still are. Demand the people keep their unalienable rights to legal counsel of their choose.
 
            The only professions the Lord ever cursed, Lawyers and Moneychangers. They still destroy the people today with their cup of lies, filth, deceit and false money.
 
            1.           Matthew 18:6
 
[ Causing to Stumble ] "If anyone causes one of these little ones-those who believe in me-to stumble, it would be better for them to have a large millstone hung around their neck and to be drowned in the depths of the sea.
Matthew 18:5-7 (in Context) Matthew 18 (Whole Chapter)
 
            I draw the following conclusion' the punishment prescribed by the Lord for the above crime should be the minimum punishment given to those that have destroyed the rights and lives of a endless number of entire families for their own personal profit and gain using fraud and deception.
 
            Lord let us all open our eyes and have courage to bring justice back to our nation
and protect the few in this profession that are honest and try to expose the corruption.
 
            A  belligerent claimant in fact. These facts are true to best of my present knowledge.
Reserve rights,                            
 
                                                      Jerry James Stanton
 
 
 
 
 







#18786 From: "Legalbear" <bear@...>
Date: Mon Apr 9, 2012 9:34 pm
Subject: Twitter Sues So-Called Spam Software Providers
legalbear7
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Here are my comments:

 

Thanks for posting the complaint. After reading it, and having my background in law, I agree with your assessment as to it is not looking good. Based on this complaint, I can see why the license won't validate. It seems that Jay is cutting his losses. No wonder he took down his Facebook profile. A lawsuit like this will disgorge all his profit; that is what the constructive trust is about. If he doesn't lose his profits like that, he'll lose them paying attorney fees. We should all be glad we aren't named in that complaint. I'm taking this as a lesson that the internet is becoming less and less the wild, wild West where there are no rules. This suit shows once again that we should respect others intellectual property rights as if they were our own. This suit shows that when we don't respect others property rights they are not without remedy.

 

And:

 

If I was going to defend this lawsuit, I would attack the assertion that Tweet Attacks violated terms of service. Basically, Twitter's terms of service say that they know spam when they see it. Wikipedia on contracts says about this, "If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law.[36] An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety [insert here what constitutes spam, or, what constitutes following too many followers in a short period], may cause the entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing a reasonable construction of the contract." When a contract is, "...prepared by the company, and if therefore there should be any ambiguity in it, must be taken, according to law, most strongly against the person who prepared it." American Surety Company v. Pauly (No. 1), 170 US 133 - Supreme Court 1898.

The issue of numerous complaints against Tweet Attacks appears to violate F.R.Civ.P. 11. Twitter users have the ability to pull down and select this tweet is spam. There is no option to say this tweet is spam coming from Tweet Attacks.

Another weakness in the case is proof of damages by Twitter. Connecting we lost x amount of dollars because of the actions of Tweet Attacks is a daunting task.

It is not legally permissible to obtain an injunction for monetary damages. OK, so tie loss of good will to the actions of Tweet Attacks; also very challenging.

The main problem; financing the defense of the suit. It's hard to make money doing that. Oh, how about this, a counterclaim against Twitter?

 

What do you see as the weaknesses in Twitter’s complaint? How would you defend it?

 

Some denigrate Wikipedia as a reliable and authoritative source. For legal purposes I find it to be right up there with Black’s Law Dictionary, American Jurisprudence 2nd, and Corpus Juris Secundum.

 

Call me at: 720-675-7230

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1 of 1 File(s)


#18787 From: "Legalbear" <bear@...>
Date: Mon Apr 9, 2012 9:54 pm
Subject: Twitter Sues So-Called Spam Software Providers [1 Attachment]
legalbear7
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Another thought; maybe defending a Twitter suit from the Philippines is easier than I thought:

 

Hmmm, does the long arm jurisdiction of a US federal court reach into a foreign country? If it did, couldn't US companies sue Chinese companies for Trademark/Trade dress violations? I don't think they can. I'm pretty sure that the Philippines at this time is an independent foreign country. If Twitter gets a judgment, or an injunction, how are they going to enforce it in a foreign country?

 

Here are my comments:

 

Thanks for posting the complaint. After reading it, and having my background in law, I agree with your assessment as to it is not looking good. Based on this complaint, I can see why the license won't validate.

Call me at: 720-675-7230

On Skype: legalbear

Best times to call: 8:30 am to 9:00 pm MST

Join my Yahoo Group Tips & Tricks for Court by sending an email to:

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My blog: legalbearsblog.com

Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com

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#18788 From: Ron Branson <victoryusa@...>
Date: Mon Apr 9, 2012 9:55 pm
Subject: People's Redress of Grievance By Access to Grand Juries Forbidden
jail4judges_...
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John Wolfgram, I appreciate your below suggestion. Let us play with this a bit. You have suggested,  "It  might be more productive to repeal the 1960 proposition creating the Commission and specifically returning their job to the grand jury, and then writing a short form of JAIL into that specific return..."

Okay, let's pretend that this repealing of this 1960 law has taken place, and there is no Commission on Judicial Performance, nor is their JAIL4Judges. People may now file their complaints directly to the Grand Jury. Of course, this recreation can only apply to criminal complaints, and the People shall have no civil recourse as provided within J.A.I.L.

So, Mr. Wolf files his grievance by making out a sworn affidavit of criminal conduct by Judge Ima Tyrant, and files it with District Attorney Care Less. The Grand Jury looks at Mr. Wolf's affidavit, and agrees with it, and brings an indictment against Judge Ima Tyrant, and serves the indictment on District Attorney Care Less for prosecution.

D.A. Care Less realizes that prosecution is within his discretionary powers as a prosecutor, and he elects to sit the indictment. The Grand Jury is not impressed at all, and seeks to bring their indictment directly to the judge on the bench, which is Judge Good O. Booy. Judge Good O. Booy realizes this is his golfing and drinking buddy.

Now you did mention that we could write a short form of JAIL into the specific return. So, in order to do that, we have to take a look at JAIL to see how it deals with this conflict of interest problem.

I am pasting in the entire JAIL Initiative below for us to consider what parts of JAIL will deal with this problem, and I will highlight the applicable points in Maroon. Of course, in repealing legislation, we must do it either by a benevolent legislature, or by the People's Initiative Process. Since Art. VI creating the Commission on Judicial Performance is a Constitutional Amendment, we have to repeal it by a equally enforceable Constitutional Initiative. This will cost us the same amount as passing JAIL, which is about $2.1 dollars. But in order to get it passed, we also will have to launch a publicity campaign in order to help the People understand why we must repeal this 1960 Constitutional provision, and that project is going to call for an abundance of witnesses who will publicly affirm that this is entirely necessary.

The focus of our attack, then, is not the judges, but the Commission on Judicial Performance. The message is that it is rotten to the core with political hacks, and is useless to complainers about the judges.

So our repeal must start out with the JAIL Preamble, with a slight modification. Since I am not going to take the time here to rewrite the Preamble, suffice it to say that we need a Preamble. So I include that. Also, we are going to have to define the terms we use, so I will also include that. It is true we might be able to shorten it, but I am going to include all of the Preamble here for purposes of our discussion.

I will accept that we possibly can overlook 2. :Exclusions of immunity, but not 3 defining the job of the County Grand Jury. Since or overall objective is to overcome the conflicts of interest of both the Prosecutor Care Less, and Judges Good O. Booy, & Judge Ima Tyrant, Defendant, we must include paragraph 4, "Professional Counsel." And we also do need paragraph 5.
"Establishment of Special Grand Jury Facilities," & 6. "Annual Funding." To keep it short, we can jump over paragraph 7 & 8.

We do need a budget for these Grand Juries, so we will include that in paragraph 10. Since we are dealing with a previously established Grand Jury, we can overlook Jurisdiction in paragraph 11, and Qualifications in 12, Service of Jurors in 14, and Procedures in paragraph 15. We do need 16, Indictments, in order to get around the Prosecutor and Judge team who will oppose this, and "Criminal Procedures in 17, and "Removal," 18, and 19 & 20. These paragraphs are marked in Maroon.


It looks as though we have eliminated approximately 1/2 of the JAIL Provision, and in exchange for cutting it in half, we have eliminated altogether all means of a civil remedy for willful violations of the Constitution and the laws that govern their conduct.

I will stop here, and await your response to what has been initially be proposed, but I underscore that what we have considered thus far, will cost precisely what it would cost to get the full J.A.I.L Initiate passed. So we must ask ourselves, will the People understand better in attacking corruption in the Commission on Judicial Performance rather than corruption dished out by with impunity, and cannot be touched because of Judicial Immunity. 

Ron Branson

VictoryUSA@...


Preamble. We, the People of California, find that the doctrine of judicial immunity has been greatly abused; that when judges 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 ensure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding the following provisions as Sec. 32 to Article I, which shall be known as "The J.A.I.L. Amendment."

1. Definitions. To avoid absurd results, words shall be given their plain, ordinary and literal meanings; and where appropriate, the singular shall include the plural and vice-versa. For purposes of this Amendment, the following terms shall mean:

  1. Judge: A judicial officer hearing and adjudicating legal actions and proceedings within the judicial branch of government (to include arbitrator, mediator, or a private judge, any of whom is assigned by a court to hear involuntary proceedings). This definition shall not be construed to mean trial juror, prosecutor, or any administrative official.
  2. Material allegations: Statements essential to the claim or defense presented in a pleading filed in court.
  3. Blocking: Any unlawful act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of an unlawful or void judgment or order.
  4. Corporate litigant: A party holding a corporate charter, as distinguished from a business license.
  5. Juror: A Special Grand Juror.
  6. Strike: An adverse immunity decision or a criminal conviction against a judge.

2. Exclusions of immunity. Notwithstanding common law or any other provision to the contrary, no immunities shielding a judge from frivolous and harassing actions shall be construed to extend to any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material allegations, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of California or the United States. The foregoing judicial misconduct shall not be construed to mean court decisions made within the authorized capacity of a judge.

3. Special Grand Juries. For the purpose of returning power to the People and ensuring the integrity of the judiciary, there are hereby created within this State three twenty-five member Special Grand Juries with statewide jurisdiction having inherent power to judge both law and fact. This body shall exist independent of statutes governing county Grand Juries. Their responsibility shall be limited to determining, based on the evidence shown on the record, whether any civil lawsuit against a judge would be frivolous or harassing, or fall within the exclusions of immunity as set forth in paragraph 2, or whether there is probable cause of criminal conduct by the judge against whom a petition/complaint is brought before the Special Grand Jury.

4. Professional Counsel. Each Special Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than one year, and thereafter shall be ineligible to serve; except a special prosecutor may be retained to prosecute to conclusion ongoing cases through all appeals and any complaints to the Special Grand Jury. Each Special Grand Jury may hire clerical staff, as needed, without time limitation.

5. Establishment of Special Grand Jury Facilities. Within ninety days following the passage of this Amendment, the Legislature shall provide a suitable facility for each Special Grand Jury. Each facility shall be reasonably placed proportionately according to population throughout the State, but no facility shall be located within a mile of any judicial body.

6. Annual Funding. The Legislature shall cause to be deducted two and nine-tenths percent from the gross judicial salaries of all judges, which amount shall be deposited regularly into an exclusive trust account created by this Amendment in paragraph 10 for its operational expenses, together with filing fees under paragraph 7, surcharges under paragraph 8, forfeited benefits of disciplined judges under paragraph 18, and fines, if any, imposed by sentencing under paragraph 16.

7. Filing Fees. Attorneys representing a party filing a civil petition or response before the Special Grand Jury shall, at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State Supreme Court. Individuals filing a civil petition or response on their own behalf before the Special Grand Jury as a matter of right shall, at the time of filing, post a fee of fifty dollars, or file a declaration, which shall remain confidential, stating that they are impoverished and unable to pay and/or object to such fee, pursuant to First Amendment right of redress.

8. Surcharges. Should this Amendment lack sufficient funding through its fines, fees, and forfeitures (including deductions in paragraph 6), the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to supplement the funding of this Amendment so as not to be chargeable to the public.

9. Compensation of Jurors. Each Juror shall receive a salary commensurate to that of a Superior Court judge, prorated according to the number of days actually served by the Juror.

10. Annual Budget. The Special Grand Juries shall have an annual operational budget commensurate to double the combined salaries of the seventy-five Jurors serving full time, which sum shall be initially deposited by the Legislature into an exclusive trust account to be annually administered by the State Treasurer. Should the trust balance, within any budget year, drop to less than an amount equivalent to the annual gross salaries of fifty Superior Court judges, the State Treasurer shall so notify the Legislature which shall replenish the account, prorated based on the actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the State Treasurer shall transfer such excess to the state treasury. Except for the initial year, no expenses in paragraphs 6, 7, 9 and 10 of this Amendment shall be chargeable to the public.

11. Jurisdiction. Each Special Grand Jury shall have exclusive power to appoint a foreperson, establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Grand Jury shall immediately assign a docket number to each petition/complaint brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a complaint shall have sole jurisdiction of the case. Except as provided in paragraphs 17 and 22, no petition of misconduct shall be considered by any Special Grand Jury unless the petitioner shall have first attempted to exhaust all judicial remedies available in this State within the immediately preceding six-month period. (Such six-month period, however, shall not commence in petitions of prior fraud or blocking of a lawful conclusion until after the date the Special Grand Juries become functional. This provision applies remedially and retroactively.) Should the petitioner opt to proceed to the United States Supreme Court, such six-month period shall commence upon the disposition by that Court.

12. Qualifications of Jurors. A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and have been an inhabitant of California for two years immediately prior to having his/her name drawn. 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 act.

13. Selection of Jurors. The Jurors shall serve without compulsion and their names shall be publicly drawn at random by the Secretary of State from the list of registered voters and any citizen submitting his/her name to the Secretary of State for such drawing. The initial Special Grand Juries shall be established within thirty days after the fulfillment of the requirements of paragraph 5.

14. Service of Jurors. Excluding the establishment of the initial Special Grand Juries, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two Jurors shall be rotated off each Special Grand Jury and two new Jurors seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror drawn to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

15. Procedures. The Special Grand Jury shall serve a copy of the filed petition upon the subject judge and notice to the petitioner of such service. The judge shall have twenty days to serve and file a response. The petitioner shall have fifteen days to reply to the judge's response. (Upon timely request, the Special Grand Jury may provide for extensions of time upon the showing of good cause.) In criminal matters, the Special Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty calendar days, serving on all parties their determination as to whether or not immunity shall apply as a defense to any civil action that may thereafter be pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the Special Grand Jury shall render final determination in writing within thirty days. All allegations in the petition shall be liberally construed. The Jurors shall keep in mind, in making their determinations, that they are entrusted by the People of this State with the duty of restoring judicial accountability and the perception of justice. The standard of authority by which the Jurors shall be guided in making their determinations shall not be opinions of courts, but shall be the Constitutions of California and of the United States and laws made in pursuance thereof. The Jurors shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this Amendment against a judge shall not commence until a final determination by the Special Grand Jury. Special Grand Jury files shall always remain public record following their final determination. A majority of thirteen Jurors shall determine any matter.

16. Indictment. Should the Special Grand Jury also find probable cause of criminal conduct on the part of any judge against whom a petition is docketed, it shall have the power to indict such judge. The Special Grand Jury shall, without voir dire beyond personal impartiality, relationship, or lack of fluency in English, cause to be impaneled twelve special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury shall also select a non-governmental special prosecutor and a judge with no more than four years on the bench from a county other than that of the defendant judge, having jurisdiction solely to maintain a fair and orderly proceeding. The trial jury shall be selected from the same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, sentencing shall be the province of the special trial jury, and not that of the selected judge. Such term of sentence shall conform to statutory provisions.

17. Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for criminal conduct against a judge may be brought directly to the Special Grand Jury, when all of the following conditions have been met: (1) an affidavit or declaration of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety days of the commission of the alleged crime; (2) the prosecutor declines to prosecute, or one hundred twenty days have passed following the lodging of such affidavit or declaration, and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a county Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

18. Removal. Whenever any judge has received three strikes, the judge shall be permanently removed from office, and thereafter shall not serve in any State judicial office. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which such judge would have otherwise been entitled. Retirement shall not avert third-strike penalties.

19. Public Indemnification. No judge against whom a petition/complaint is brought, or sued civilly by a complainant pursuant to this Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor shall any judge be reimbursed from public funds for any losses sustained under this Amendment.

20. Enforcement. No person exercising strict enforcement of the findings of a Special Grand Jury shall be held liable civilly, criminally, or in contempt.

21. Redress. The provisions of this Amendment are in addition to other redress that may exist and are not mutually exclusive.

22. Challenges. No judge under the jurisdiction of the Special Grand Jury, or potentially affected by the outcome of a challenge hereto, shall have any jurisdiction to sit in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes and a complaint for such misconduct may be brought at any time, without charge, before the Special Grand Jury by class action, or by any adversely affected person.

23. Preeminence. Preeminence shall be given to this Amendment in any case of conflicts with statute, case law, common law, or constitutional provision. The foreperson of each Special Grand Jury shall read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first week of business in January and July. Should any part of this Amendment be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.



 

From: johnwolfgram@...
To: beholdtheman@...; art2pat35@...
CC: victoryusa@...
Subject: RE: People's Redress of Grievance By Access to Grand Juries Forbidden
Date: Sun, 8 Apr 2012 06:50:49 -0700

You know Ron, perhaps it might be more productive to repel the 1960 proposition createing the Commission and specifically returning their job to the grand jury, and then writing a short form of JAIL into that specific return, just with respect to judges.
Wolf

 

 
Dear Sharon Rondeau:
 
As perhaps you already know, I am in California. In 1960 the Legislature of California proposed and passed a law creating the Commission on Judicial Qualifications, now called Commission on Judicial Performance. This legislation removed the power of County Grand Juries to investigate judges to the commission created by this legislation. While people were then unaware of the implication thereof, it no longer allowed the People, in the forum of their Grand Juries, to have power over the judges. Instead, the power shifted to this commission, which majority was made up of judges whose job was to judge judges. Eventually, the People woke up to what happened, and placed an Initiative on the California that required a shift from a majority of judges to one less than a majority to judge judges. However, this still did not solve the problem, as the "non-judge" majority was political hacks. For instance, the Chief Justice got to select one member, the Attorney General, who is defense counsel for the judges, got to select one, the governor, who gets to appoint judges to the bench, gets to select one, the California Bar Association, of which all judges must initially be a member of, gets to appoint one member, etc. You get the idea. All the rest of the members must be judges. So much for a non-majority of judges on the CJP.
 
If you are familiar with JAIL4Judges, I have written the Initiative to cure this problem. All that needs be done is get it on the ballot. It's full wording is found on www.jail4judges.org. The establishment knows the power of what they have done in deceiving the People out of their inherient power to oversee the judicial system. I somewhat dealt with this in a recent senario placed in humor, entitled, "The Initiative Process, Why So High?" I am pasting it in below for your education and humor;

 
The Initiative Process, Why So High?

Rashid, you have asked me why the the price for getting a Constitutional
Initiative on the ballot in California is so high. It used to be about $1.2
million, but since the Legislature pretty much captured the entire
Initiative market using our own tax dollars, we find ourselves competing
with our own tax dollars.

Suppose the People among ourselves had the entire Oaks Market competitively
locked up. But then the government entered into the Oats Market by proposing
and collecting an Oat Farmer's Tax. With that Oats Farmer's Tax, they
captured 2/3rds of the Oat Market Industry. What would be the effect? All
Oat Farmers would have to raise the prices on their Oats to over twice what
it used to be.

I have pointed out that for government to use the People's  exclusive
constitutionally protected Initiative Process, is not only unfair, but very
unconstitutional. Art. II, Sec. 1 of the California Constitution, which is

the Initiative Provision, states, "All political power is inherent in the
people. ...they have the right to alter or reform [government] when the
public good may require."

So, if ALL political power is inherent in the People, how much is inherent

in government? The Initiative Process is exclusively preserved for the
People to alter or reform their government, not for government to reform the
People. Horses are for horseback riders, not peopleback riders for horses to
ride.

Have you ever noticed that in excess of 2/3rds of all Initiatives placed on
the ballot are placed there by our government, using our tax dollars,
seeking to reform us? Where do they get this power? Certainly not from the

Initiative Process.

If 2/3rds of the Initiatives are placed on the ballot by our own tax
dollars, we, the other 1/3rd remaining, are competing with ourselves in the
other 2/3rds market, running the price tag to over twice what passing an
Initiative would otherwise cost the People.

If you think about it, all powers in the hands of the People, have been
taken over by government. The Constitution recognizes our right to keep and
bear arms. Government says, "Yes, but we will dictate to you how many, when,
and where you can exercise that right. And by the way, you must surrender
all the information we ask, so we may keep track of how you exercise that
right."

Grand Juries are the Power of the People against an arbitrary government.
But who manages the Grand Jury? Sorry to say, but the People have
surrendered the power of the Grand Jury to the government. The judges select
the Grand Jurors. The Prosecution advises the Grand Jury, and the
legislators have mandated that Grand Jurors are precluded from investigating
judges. Instead, the powers of the People in the Grand Jury, has been
transferred to judicial commissions under the influence and authority of
judges.

We recognized our own power in creating the Initiative Process within our
Constitution so we can alter and reform our government for our benefit. But,
then we have allowed the government to sweet talk us out of that exclusive

power to allow them to take over our Initiative Process, and drive the
prices up so that we, the People, can no longer afford the Initiative
Process to initiative change. In other words, we, the People, willingly are
financing a government of the government, by the government, and for the
government, and if we, the People, do not approve, we, the People, must have
the government's permission, to alter that.

We have allowed the horses to convince us that we must carry them on our
backs to wherever they want us to go. The People are their own worst enemy,
as Pogo once stated, "We have met the enemy, and he is us."

Now, as to your question, where can you find the professional Initiative
companies? I suggest you do a search engine on the Internet for California

Initiative Signature Gatherers.

Ron Branson

P.S. - Monkeys are not a smart as men, as evidenced by the fact that People
have learned how to blow their brains out. Monkeys are not so smart, as they
have not yet attained unto this intelligence as yet.
 
So, to answer your question, "Have you found an instance in which a citizen with a complaint
has been able to access one without a prosecutor as a gatekeeper?" The answer is "No!"
However, not to contridict my answer above, I did get in before the Los Angeles County Grand
 
Jury back in 1981 because I had the distinguished prevelidge of have a secant other who worked
 
for the Los Angeles County Prosecutor's Office as the Head Secretary in one of their Offices,
 
and got to know some of the Chief Prosecutors that ran the operations thereof. In other words,
 
I had an inside advantage with open access to the D.A.'s Office.
 
The government knows that they must guard their absolute control over the judicial system, or
 
their system will collapse. This is why JAIL4Judges is such a feared proposal to them of which
 
must absolutely see gets defeated. Hopefully, what I have stated answers your concern.
 
If I may say, without sounding like I am bragging, I am one of the most informed individuals
 
in this country regarding the inside workings of the judicial system, now having brought cases
 
up to the Supreme Court fifteen times, and personally knowing one of the judges on the Ninth
 
Circuit who have twice disqualified himself because of my personal knowledge and relationship,
 
having sat at his desk and educating him of the foundational American principles of our Founding
 
Fathers.
 
Ron Branson



From: beholdtheman@...
To: victoryusa@...
Subject:
Date: Fri, 6 Apr 2012 23:15:02 -0700

 
 
D.O.J's argument opposing Montgomery Sibly Blair's contention that
citizens should have direct access to the Federal Grand Jury
 
 
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
 
Civil Action No. 12-cv-00001 (JDB)
 
Third Argument
 
 

III. The remaining counts of Plaintiff’s complaint fail to describe a cognizable

deprivation of constitutional rights.

 

1. Plaintiff has no right to communicate directly with a federal grand jury.

Plaintiff is fully aware that his claim of a right to present allegations of wrongdoing

directly to the grand jury is foreclosed by controlling precedent as well as by the laws he

challenges as unconstitutional. See Amend. Compl. at ¶ 34 (observing that “in this Circuit by

judicial fiat, ‘presentments’ have been abolished,” and citing Gaither v. United States, 413 F.2d

1061, 1065 (D.C. Cir. 1969)). To Plaintiff’s citation, Defendants add only that the rule that “an

individual cannot bring accusations before a grand jury unless invited to do so by the prosecutor

or the grand jury,” In re Application of Wood, 833 F.2d 113, 116 (8th Cir. 1987), is well established

in the other judicial circuits as well. See, e.g., In re New Haven Grand Jury, 604 F.

Supp. 453, 460 (D. Conn. 1985) (“[T]he commencement of a federal criminal case by

submission of evidence to a grand jury is ‘an executive function within the exclusive prerogative

of the Attorney General.’”) (citing In re Persico, 522 F.2d 41, 54-55 (2d Cir. 1975); United

States v. Kilpatrick, 16 F. 765, 769, 771 (W.D.N.C. 1883) (“no right to communicate private

information to a grand jury for the purpose of obtaining a presentment”); Confiscation Cases, 74

U.S. 454, 457 (1868) (exclusive control of criminal litigation by appropriate federal officers is
the “settled rule”); Baranoski v. United States Att’y Office, 2006 U.S. Dist. LEXIS 2240 at *9

(D.N.J. 2006) (“Federal courts have consistently held that private individuals do not maintain a

constitutional, statutory or common law right to communicate with a federal grand jury without

the approval or participation of a prosecutor or judge.”).

 

In rejecting a recent First and Fifth Amendment challenge to the prohibitions on

individual communications with a federal grand jury, the United States District Court for the

District of New Jersey explored the justification for the prohibition, explaining that the grand

jury’s independence:

is designed to "afford a safeguard against oppressive actions of the

prosecutor or court,” not to allow individuals to present to a grand jury

independently of the government prosecutor. Gaither v. United States, 413

F.2d 1061, 1066 (D.C. Cir. 1969). The constitutional role of the grand jury

is to serve as "a check on prosecutorial power, not a substitute for the

prosecutor." In re Grand Jury Proceedings, Special Grand Jury 89-2, 813

F.Supp. 1451, 1462 (D.Colo. 1992)….

 

While the grand jury serves a dual purpose, acting as “both a sword and a

shield of justice - a sword because it is the terror of criminals, [and] a shield

because it is the protection of the innocent against unjust prosecution,” the

grand jury “earned its place in the Bill of Rights by its shield, not by its

sword.” Cox, 342 F.2d. at 186 (Wisdom, J., concurring); see also Brenner &

Lockhart, 2 Fed. Grand Jury: A Guide to Law and Practice, §2.2 (“The

clause [(of the Fifth Amendment)] was intended to preserve a shield against

unwarranted prosecution.”) Under the Fifth Amendment, the grand jury

affords constitutional protections to preserve the rights of the accused. There

is, however, no corresponding constitutional right for individuals to use the

power of a grand jury to levy criminal accusations. See United States v. Cox,

342 F.2d 167, 186 (5th Cir. 1965) (Wisdom, J., concurring) (noting that

when the role of a grand jury "goes beyond inquiry and report and becomes

accusatorial, no aura of traditional or constitutional sanctity surrounds the

grand jury"). Accordingly, the Petitioners cannot claim a constitutional

prerogative that would allow them to independently bring criminal charges

and accusations before a federal grand jury.

In re Appearance of Carl J. Mayer, 2006 U.S. Dist. LEXIS 228 (Jan. 4,

2006) (internal citations and quotations simplified).
 
The Mayer court also explained:

Giving individuals direct access to the grand jury and removing the

governmental prosecuting authorities from the process would undermine the

prosecutor's screening authority and almost certainly increase the likelihood

that wrongful indictments would be returned, thereby undermining the very

rights of the accused that the Fifth Amendment seeks to protect.

Id. at n.3 (internal citations and quotations omitted).

 

For these reasons, Plaintiff does not have a constitutional right to bring allegations of

wrongdoing before the grand jury.
 
 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX











#18789 From: Ron Branson <victoryusa@...>
Date: Fri Apr 13, 2012 10:24 pm
Subject: "How Would You Get The Judiciary Back On Track?" - Question by Josephn
jail4judges_...
Send Email Send Email
 

Josephn, you have asked,  "Too bad we have not had members of Congress with the strength to put a halt to the usurpation of power taken by the judiciary.   How would you get the judiciary back on track?"  This question has been asked over and over by thousands of conscientious People all over this nation. The answer is adoption of the Judicial Accountability and Integrity Legislation copyrighted at the turn of this century, presented to Congress for passage, and filed in the Library of Congress. The answer is fully accomplish when the People are ready for it, however, the People are just not ready for judicial accountability as yet! I am pasting it below. Please read it. You are free to comment after you have read it. Thank you.

Ron Branson

VictoryUSA@...


Judicial Accountability & Integrity Legislation

(As amended 11/24/01)

 

            (a) Preamble. The House of Representatives and Senate Assembled find: that an inordinate and ever-growing number of complaints for willful misconduct have been lodged with Congress involving federal judges across this nation; that the current Title 28 U.S.C. §372(c) (Judicial Misconduct and Disability Act) is in many cases inadequate due to conflicts of interest of judges judging themselves; that judicial integrity is of major importance which affects all areas of our American society. Be it therefore resolved that the House of Representatives and Senate Assembled hereby enact the following legislation which shall be known as the "Judicial Accountability and Integrity Legislation."

            (b) Definitions. For purposes of this statute:

1. The term "blocking" shall mean any act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of a void judgment or order.

2. The term "federal judge" or "judge" shall mean any federal justice, judge, magistrate, commissioner, or any person shielded by judicial immunity.

                        3. The term "Juror" shall mean a Special Federal Grand Juror.

4. The term "strike" shall mean an adverse immunity decision based upon bad behavior as set forth by paragraph (c), or a criminal conviction as set forth in paragraph (r).

Where appropriate, the singular shall include the plural, and the plural the singular.

            (c) Immunity. Notwithstanding common law or any other provision to the contrary, no immunities shall be extended to any federal judge except as is specifically set forth in this statute. Preserving the purpose of protecting judges from frivolous and harassing actions, no immunity shielding a federal judge shall be construed to extend to 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 Constitution of these United States, all violations of which shall constitute bad behavior.

            (d) Special Federal Grand Jury. There is hereby created within the District of Columbia a twenty-five member Special Federal Grand Jury with full federal geographical jurisdiction having power to judge on both law and fact. Their responsibility shall be limited to determining, on an objective standard, whether a civil suit against a federal judge would be frivolous and harassing, or fall within the exclusions of immunity as set forth herein, and whether there is probable cause of criminal conduct by the federal judge complained of.

            (e) Professional Counsel. The Special Federal Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than two years, after which term said officers shall be ineligible. However, with permission of the Special Federal Grand Jury, a special prosecutor may prosecute their current cases through all appeals and any applicable complaints to the Special Federal Grand Jury.

            (f) Establishment of a Special Federal Grand Jury Seat. A Special Federal Grand Jury seat is hereby created, which seat shall be located in excess of one mile of any federal judicial body.

           

            (g) Filing Fees. Attorneys representing a client filing a civil complaint or answer before the Special Federal Grand Jury, shall at the time of filing pay a fee equal to the filing fee due in a civil appeal to the United States Supreme Court. Individuals filing a civil complaint or answer before the Special Federal Grand Jury in their own behalf as a matter of right, shall, at the time of filing, post a fee of one hundred dollars, or file a declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or object to such fee.

            (h)  Annual Funding. Should this statute lack sufficient funding through its filing fees under paragraph (g), and fines imposed under paragraph (q), which amount shall be deposited regularly into the exclusive trust account created by this statute in paragraph (j) for its operation expenses, Congress may impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to make this statute self-supporting, or they may appropriate any and all the necessary funds for the full implementation of this statute by legislation.

            (i) Compensation of Jurors. Each Juror shall receive a salary commensurate to fifty percent of a federal district judge prorated according to the number of days actually served.

            (j) Annual Budget. The Special Federal Grand Jury shall have an annual operational budget commensurate to twenty times the combined salaries of the twenty-five Jurors serving full time, which sum shall be initially deposited by Congress into an exclusive trust account to be annually administered by the Controller. Should the trust balance, within any budget year, drop to less than an amount equivalent to the annual gross salaries of fifty federal district judges, the Controller shall so notify Congress which shall replenish the account, prorated based on the actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the Controller shall return such excess to the United States Treasury.

            (k) Jurisdiction.   The Special Federal Grand Jury shall have exclusive power to establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Federal Grand Jury shall immediately assign a docket number to each complaint brought before it. Except as provided in paragraph (r), no complaint of judicial misconduct shall be considered by the Special Federal Grand Jury unless the complainant shall have first attempted to exhaust all judicial remedies available in the federal courts within the immediately preceding six-month period. Such six-month period, however, shall not commence in complaints of prior fraud or blocking of a lawful conclusion until after the date the Special Federal Grand Jury becomes functional. This provision is intended to apply remedially and retroactively.

            (l) Qualifications of Jurors. A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and an inhabitant of Washington, D.C. Those not eligible for Special Federal Grand Jury service shall include elected and appointed officials, members of the 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.

            (m) Selection of Jurors. The Jurors shall serve without compulsion and shall be drawn  by public lot by the Secretary of State from names on the voters rolls and any citizen submitting his/her name to the Secretary of State for such drawing.

            (n) Service of Jurors. Excluding the establishment of the initial Special Federal Grand Jury, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two persons shall be rotated off the Special Federal Grand Jury and new Citizens seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror chosen to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

            (o) Procedures. The Special Federal Grand Jury shall serve a copy of the filed complaint upon the subject judge and notice to the complainant of such service. The judge shall have thirty days to serve and file an answer. The complainant shall have twenty days to reply to the judge's answer. (Upon timely request, the Special Federal Grand Jury may provide for extensions for good cause.) The Special Federal Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. The Special Federal Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty (120) calendar days, serving on all parties their decision on whether immunity shall be barred as a defense to any civil action that may thereafter be pursued against the federal judge. A rehearing may be requested of the Special Federal Grand Jury within twenty days with service upon the opposition. Twenty days shall be allowed to reply thereto. Thereafter, the Special Federal Grand Jury shall render final determination within thirty days. All allegations of the complaint shall be liberally construed in favor of the complainant. The Jurors shall keep in mind, in making their decisions, that they are entrusted by the people of these United States with the duty of restoring a perception of justice and accountability of the federal judiciary, and are not to be swayed by artful presentation by the federal judge. They shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this statute against a federal judge shall not commence until the rendering of a final decision by the Special Federal Grand Jury. Special Federal Grand Jury files shall always remain public record following their final determination. A majority of thirteen shall determine any matter.

            (p) Removal. Whenever any federal judge shall have received more than three strikes, the federal judge shall automatically be brought up on charges before Congress for Articles of Impeachment by the Special Federal Grand Jury through its special prosecutor for bad behavior and willful misconduct. Congress thereafter shall commence to a vote on such Articles of Impeachment. Upon a conviction, the federal judge shall be permanently removed from office. He may also be held liable under any other appropriate criminal or civil proceeding.

            (q) Indictment. Should the Special Federal Grand Jury also find probable cause of criminal conduct on the part of any federal judge against whom a complaint is docketed, it shall have the power to indict such federal judge except where double jeopardy attaches. The Special Federal Grand Jury shall, without voir dire beyond personal relationship, cause to be impaneled special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Federal Grand Jury shall also select a non-governmental special prosecutor and a federal judge with no more than four years on the bench from a state other than that of the defendant judge, (or outside of the District of Columbia, if the case so be). The trial jury shall be selected from the same pool of jury candidates as any regular federal jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within these United States. Upon conviction, the special trial jury shall have exclusive power of sentencing (limited to incarceration, fines and/or community service), which shall be derived by an average of the sentences of the trial jurors.

            (r) Criminal Procedures. In addition to any other provisions of this statute, a complaint for criminal conduct of a federal judge may be brought directly to the Special Federal Grand Jury upon all the following prerequisites: (1) an affidavit of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety (90) days of the commission of the alleged conduct; (2) the prosecutor declines to prosecute, or one hundred twenty (120) days has passed following the lodging of such affidavit and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

            (s) Public Indemnification. No federal judge complained of, or sued civilly by a complainant pursuant to this statute shall be defended at public expense or by any elected or appointed public counsel, nor shall any federal judge be reimbursed from public funds for any losses sustained under this statute.

            (t) Redress. The provisions of this statute are in addition to other redress that may exist and are not mutually exclusive.

            (u) Preeminence.  Preeminence shall be given to this statute in any case of conflicts with any other federal statutes, case law, or common law to the contrary. The foreperson of the Special Federal Grand Jury shall read, or cause to be read, this statute to the respective Jurors semi-annually during the first week of business in January and July.






JOSEPHN126@... wrote:
Too bad we have not had members of Congress with the strength to put a halt to the usurpation of power taken by the judiciary.   How would you get the judiciary back on track?   I had a recent talk with the senior legislative aide of my Congressman and she said they did not have the power to do more than send my concerns to the Judiciary Committee. 
 
 On one hand the Congressional Oversight Manual, Summary Page, talks about Congress need to make sure laws it enacts are complied with.  On the other hand there is no mechanism for doing so unless a particular committee member wants to investigate allegations of non law compliance.
 
Joe
 
In a message dated 4/13/2012 11:32:27 A.M. Eastern Daylight Time, gzerman@... writes:
In England, from which much of our jurisprudence comes from, the judges were referred to the "Lions under the throne", there to protect the King, the Royals, the blue bloods, who divine right could "do not wrong".  

With the whole-cloth invention (no Constitutional authority/basis) by Justice Stephen J. Field of the Doctrine of Absolute Judicial Immunity via his decisions of Randall v. Brigham (1868), 74 U.S. 523 (that excepted corrupt & malicious acts) and Bradley v. Fisher, 80 U.S. 335 (1872) (which without real  explanation then removed the exception, so the doctrine now included, covered, corrupt & malicious judicial acts), and the subsequest USSC decison of Stump v. Sparkman, 435 U.S. 349 (1978) (which further expanded the doctrine to cover judicial act of eugenics) - yes, a good argument can be made that the judiciary to some measure became the new aristocracy, or the new Royalty.

See the attachment (paper re The Doctrine of Absolute Judicial Immunty).  GLZ. 

From: JOSEPHN126@...
Date: Fri, 13 Apr 2012 10:58:38 -0400
Subject: Re: [Lawsters:11279] YALE LAW SCHOOL PAPER ON CORRUPTION IN THE COURTS
To: lawsters@googlegroups.com

Years ago I read a portion of a speech in which a Federal Judge said the Federal Judiciary is America's "aristocracy" because they get lifetime appointments and are distinguished by their black robes.  Unfortunately, I lost the speech in a computer melt down.  I believe the Judge was Anderson and was speaking to a Judicial Conference.
 
Joe
 
I

#18790 From: "Frog Farmer" <frogfrmr@...>
Date: Sat Apr 14, 2012 8:03 am
Subject: RE: "How Would You Get The Judiciary Back On Track?" - Question by Josephn
originalfrog...
Send Email Send Email
 
> Josephn, you have asked,  "Too bad we have not had members of Congress
> with the strength to put a halt to the usurpation of power taken by
> the judiciary.   How would you get the judiciary back on track?"  This
> question has been asked over and over by thousands of conscientious
> People all over this nation. The answer is adoption of the Judicial
> Accountability and Integrity Legislation copyrighted at the turn of
> this century, presented to Congress for passage, and filed in the
> Library of Congress. The answer is fully accomplish when the People
> are ready for it, however, the People are just not ready for judicial
> accountability as yet!

Anybody who is ready for it in their own cases can always take that
first step of disqualifying those who are disqualifiable.  Who has tried
that, besides me?  Can a man or woman be disqualified as a judge if they
never qualified as a judge?  Can a president be impeached if there is
only a usurper?  Why do victims who would avoid trouble if they could
fail to stop many troubles by permitting unqualified usurpers to fulfill
roles that need real qualifications to be met as a part of the whole
process?  (Non-Socratic answers: I know a few who have done it locally.
No. No.  The pizza might get cold.)

Us hunters of qualified anermals cain't never find any nowhere!  So sad!

Regards,

FF

#18791 From: Mike <micflah@...>
Date: Sat Apr 14, 2012 8:50 pm
Subject: a response to an unlawful arrest
micflah
Send Email Send Email
 
So I had a run-in with a fascist...

I tried talking to him... it didn't work. When I got out of jail I wrote the attached and called the Prosecutor's Office and told them I was filing it. The "officer" responded and said I could not, I had not been arraigned. I responded and told her jurisdiction can be challenged at any time. She said: "Send it, but you still have to show up at the arraignment." I said I was going to but I would like to hear back from her office by Friday.

No response yet.

Michael
 
Notice & Warning: This email contains proprietary business information, trade secrets, restricted and valued information intended for the addressees eyes only. All interceptors, surveillance agents foreign and domestic, enforcement agencies are hereby prohibited from accessing, possessing, using, selling, purchasing, storing, retrieving, and transmitting this valuable information as a product or service for gain. Any monetary profits, benefits or accounting of this information for gain may be prosecuted as a felony offense and cause of action. Persons, whistle blowers, informants may be granted an award for information leading to the successful prosecution of agents committing acts of infringement.

1 of 1 File(s)


#18792 From: Randy Maugans <randy.maugans@...>
Date: Sun Apr 15, 2012 2:31 am
Subject: Re: a response to an unlawful arrest [1 Attachment]
randy_maugans
Send Email Send Email
 
This is brilliant! a boilerplate document for anyone interacting with "policy officers" These guys do this all day long. They collude to illegally lure confession by cooperation with bogus statutes and mistaken identity. Nice work!

On Sat, Apr 14, 2012 at 4:50 PM, Mike <micflah@...> wrote:
 
[Attachment(s) from Mike included below]

So I had a run-in with a fascist...

I tried talking to him... it didn't work. When I got out of jail I wrote the attached and called the Prosecutor's Office and told them I was filing it. The "officer" responded and said I could not, I had not been arraigned. I responded and told her jurisdiction can be challenged at any time. She said: "Send it, but you still have to show up at the arraignment." I said I was going to but I would like to hear back from her office by Friday.

No response yet.

Michael
 
Notice & Warning: This email contains proprietary business information, trade secrets, restricted and valued information intended for the addressees eyes only. All interceptors, surveillance agents foreign and domestic, enforcement agencies are hereby prohibited from accessing, possessing, using, selling, purchasing, storing, retrieving, and transmitting this valuable information as a product or service for gain. Any monetary profits, benefits or accounting of this information for gain may be prosecuted as a felony offense and cause of action. Persons, whistle blowers, informants may be granted an award for information leading to the successful prosecution of agents committing acts of infringement.



#18793 From: "bsafirebird1969" <m.embree.smith@...>
Date: Sun Apr 15, 2012 11:30 am
Subject: Re: a response to an unlawful arrest
bsafirebird1969
Send Email Send Email
 
" Damages are cumulative, and ongoing " ....Oath, and Bond ...just a few
thoughts on a great job .

--- In tips_and_tricks@yahoogroups.com, Mike <micflah@...> wrote:
>
> So I had a run-in with a fascist...
>
> I tried talking to him... it didn't work. When I got out of jail I wrote
> the attached and called the Prosecutor's Office and told them I was
> filing it. The "officer" responded and said I could not, I had not been
> arraigned. I responded and told her jurisdiction can be challenged at
> any time. She said: "Send it, but you still have to show up at the
> arraignment." I said I was going to but I would like to hear back from
> her office by Friday.
>
>
> No response yet.
> Michael
> �
> Notice & Warning: This email contains proprietary business information, trade
secrets, restricted and valued information intended for the addressees eyes
only. All interceptors, surveillance agents foreign and domestic, enforcement
agencies are hereby prohibited from accessing, possessing, using, selling,
purchasing, storing, retrieving, and transmitting this valuable information as a
product or service for gain. Any monetary profits, benefits or accounting of
this information for gain may be prosecuted as a felony offense and cause of
action. Persons, whistle blowers, informants may be granted an award for
information leading to the successful prosecution of agents committing acts of
infringement.
>

#18794 From: "Frog Farmer" <frogfrmr@...>
Date: Tue Apr 17, 2012 1:08 pm
Subject: RE: "How Would You Get The Judiciary Back On Track?" - Question by Josephn
originalfrog...
Send Email Send Email
 
> Anybody who is ready for it in their own cases can always take that
> first step of disqualifying those who are disqualifiable.  Who has
> tried that, besides me?  Can a man or woman be disqualified as a
> judge if they never qualified as a judge?
> Can a president be impeached if there is
> only a usurper?  Why do victims who would avoid trouble if they could
> fail to stop many troubles by permitting unqualified usurpers to
> fulfill roles that need real qualifications to be met as a part
> of the whole process?  (Non-Socratic answers: I know a few who
> have done it locally. No. No.  The pizza might get cold.)
>
> Us hunters of qualified anermals cain't never find any nowhere!  So
> sad!

I got a number of off-list requests to write all about HOW I disqualify
a judge.  I replied that I don't do one-on-ones off list for free.  I
replied that I've said it all here on the list several times, and that
it is all in the archived messages.

Nobody answered the questions I asked above.

So, since there is interest in the topic, and I've already gone over it
and don't want to be repetitive, let's see if I can add anything new.

If you ask HOW I do it, I begin verbally, spontaneously, ASAP.  Seldom
do I get as far as filing a paper over it.  And then, it never goes past
that stage, because they know I WANT it to go past that stage!

What I glean from many responses is that people do not have their own
minds in order about that they are the boss in the situation.  They must
have doubts about their position that their target is disqualifiable.
Otherwise, what might be the problem?

Most people who ask about it have never read what I've posted here, and
never read their own local laws about it.  This year I've disqualified
six people with no paper!  Why would guilty usurpers want to be further
exposed??

If you want to experience rights in a republic, you cannot wait for
others to agree with you.

Someone asked:
>> Hi
>> Can you tell me how you're disqualifying the judges so I can
>> determine what you're doing differently from the posers that say they

>> can but never do? (smile)

When you successfully disqualify somebody, there's seldom a record of
it.  If you are polling "posers" while waiting to formulate your own
response, you won't succeed.  I haven't seen any such posers on this
list.  But what I probably am doing differently than the posers she
encountered is I disqualify all contestants for my credibility.  See, I
KNOW the game is over.  I'm not confused by seeing all the fans running
all over the field after the game, tossing their balls around.

Regards,

FF

#18795 From: Ron Branson <victoryusa@...>
Date: Thu Apr 19, 2012 5:22 am
Subject: "How Would You Get The Judiciary Back On Track?" - Question by Josephn
jail4judges_...
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Jon Roland:

As you perhaps know, I have for years contended for the powers of Grand Juries, that that power belong uniquely within the hands of the People. The system that was established is a workable one with J.A.I.L., but has shortcoming as to the powers in the People.

Now why do I state that? The reason is that if we only rely upon the Grand Jury as originally created with no further enforcement of a Special Grand Jury, we will have problems with the prosecutors. While Grand Juries are well suited in none-conflict cases, it is insufficient when it comes to judges. Prosecutors generally will not prosecute judges, and in many cases, even non-judicial politicians such as the Board of Supervisors, D.A.s, or the A.G. himself.

If we clutter the everyday riff-raft of which common Grand Jurors should be involved in to also include judges, we will find ourselves creating a forum to second-guess judges. Are we to be given the choice between taking an appeal to the appellate court, or choosing rather to file a complaint with the Grand Jury? Shall permit both at the same time? Should we not rather wait until the judicial system has completely had its opportunity to rectify the situation before  going to the Grand Jury? If so, is this not J.A.I.L. in operation? The Grand Jury created by J.A.I.L. does not have jurisdiction until all judicial remedies are exhausted. Further, this Special Grand Jury only performs under matters where there is a high likelihood of a conflict of interest.

Under J.A.I.L., we do not allow judges to decide in imposing sentences against their own judicial brethren, but we uniquely leave that power to the jury itself that found for conviction of the judge.

While we allow the sheriff first shot at enforcement, we are the back up enforcement, and can arrest the sheriff should he get in the way. These are not just cosmetic matters, but fundamental to rightful enforcement. Remember, when it comes to enforcement, the People must retain Alpha and Omega power.

Ron Branson





Jon Roland wrote:
The remedy is not to create special grand juries to hear complaints about official misconduct, including judicial misconduct, but to open all grand juries for that, the way they once were.

Defendant's Motion to Dismiss
in Sibley v. Obama provides a roadmap of what we will need to overcome to get to our destination. The only likely way to do it is by proposing amendments, not just to get them adopted, although that would be best, but to focus demands for reform that might achieve some improvement even without ratification. People need specific proposals they can build a movement around. The Equal Rights Amendment movement largely succeeded without getting their amendment ratified.
-- Jon
----------------------------------------------------------
Constitution Society http://constitution.org
2900 W Anderson Ln C-200-322 twitter.com/lex_rex
Austin, TX 78757 512/299-5001 jon.roland@...
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#18796 From: Ron Branson <victoryusa@...>
Date: Fri Apr 20, 2012 6:13 pm
Subject: California Courts - Chief Justice Speaks on Effect of Budget Cuts
jail4judges_...
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California Courts - Chief Justice Speaks on Effect of Budget Cuts

Courts: The Judicial Branch of California · Judicial Branch Home · Courts ... Chief Justice Speaks on Effect of Budget Cuts. Print. for release. Leanne Kozak ...   www.courts.ca.gov/17536.htm






Message posted on website by Ron Branson:

I have gained considerable practical knowledge of the inner-workings of the legal system starting back as far as 1981. I have brought lawsuit after lawsuit against government corruption resulting in everyone of them being sheltered by immunity. I then began taking on the judges on judicial cover-up, resulting in judges covering for judges.

Over the years since then to the present, I have filed 15 cases in the U.S. Supreme Court with cover-up after cover-up. The legal system has spent millions in needless litigation to maintain its ongoing evil. It became clear to me that our justice system was headed for bankruptcy because of waste and fraud. Justice is the furtherest thing that comes to mind when dealing with the courts.

As a public figure, I have received communications literally from all over this country about complaints regarding the judicial system and am called upon to speak at legal seminars regarding this subject.

Here in Los Angeles County a newly appointed judge receives more financial remuneration for their services than does the Chief Justice of the U.S. Supreme Court with their double-pay from both the State and the County.

It it inevitable where we are headed financially when it comes to our courts. I made an accurate prediction back in 1996 when I stated what was going to happen, and lo, it has come to pass just as predicted. The cover-up of corruption and fraud continues to this day, and the inevitable results is clear and sure. 


Ron Branson
VictoryUSA@...





#18797 From: Ron Branson <victoryusa@...>
Date: Sat Apr 21, 2012 1:19 pm
Subject: Judicial Creed - Those who interpret the laws govern everything
jail4judges_...
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Rehnquist's Creed:

“If experience demands a presumption that a judge will seize every opportunity presented to him in the course of his official conduct to line his pockets, no canon of ethics or statute regarding disqualification can save our judicial system.”
                                                 —Justice William Rehnquist

Stalinist Creed:

"Those who cast the votes decide nothing. Those who count the votes decide everything."
                                                 
Josef Stalin

Judicial Creed:

"Those who pass the laws govern nothing. Those who interpret the laws govern everything." 
                                                  
Ron Branson



#18798 From: "vivus_spartacus" <vivus_spartacus@...>
Date: Sun Apr 22, 2012 5:26 am
Subject: Re: Judicial Creed - Those who interpret the laws govern everything
vivus_spartacus
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Re: Judicial Creed:

"Those who pass the laws govern nothing. Those who interpret the laws govern everything." —Ron Branson

If a "law" is not plainly clear so as that those of reasonable intelligence and commonsense can easily agree as to its meaning and come to the same conclusion, then it is not at any law, in any way at all, but rather void for vagueness.

Those who must rely on public servants to explain or otherwise interpret the law for them, are either non compos mentis, or wards of the court, and thus not Citizens of the Sovereign Class, We The People.

Ergo:

"Ignorance of fact excuses; Ignorance of the law excuses not. Every man must be
taken to be cognizant of the law; otherwise there is no saying to what extent
the excuse of ignorance may not be carried."
Black's Law Dictionary Sixth Edition Centennial Edition (1891-1991)page 747

Ergo:

When ignorance gets started it knows no bounds.
Will Rogers

Ergo:

"Knowledge will forever govern ignorance and people who mean to be their own governors must arm themselves with the power which knowledge gives." James Madison

We are all born ignorant, but one must work hard to remain stupid.
Benjamin Franklin

Leviticus 19:36; Deuteronomy 25:15-16
Proverbs 20:10;23
I John 4:6

Wisdom is the principal thing; Therefore get wisdom. And in all your
getting, Get understanding. Proverbs 4:7

"vivus spartacus"
All Rights Reserved

It is the common fate of the indolent to see their rights become a
prey to the active. The condition upon which G-d hath given liberty
to man is eternal vigilance; which condition if he break, servitude
is at once the consequence of his crime and the punishment of his
guilt. John Philpot Curran (1750-1817)

If there is no struggle there is no progress. Those who profess to favor freedom and yet deprecate agitation are men who want crops without plowing up the ground; they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.

This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.

Frederick Douglass, "If There Is No Struggle, There Is No Progress"


#18799 From: "Frog Farmer" <frogfrmr@...>
Date: Tue Apr 24, 2012 10:00 am
Subject: RE: Judicial Creed - Those who interpret the laws govern everything
originalfrog...
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> Rehnquist's Creed:
>
> "If experience demands a presumption that a judge will seize every
> opportunity presented to him in the course of his official conduct to
> line his pockets, no canon of ethics or statute regarding
> disqualification can save our judicial system."
>                                                  -Justice William
> Rehnquist

I don't disqualify them to save any system - I disqualify them to save
myself!

Try it; you'll like it!

Regards,

FF

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