tagged w/ Becker
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This is a teaser for an article that I posted on my Blog MINNESOTA JUDICIAL REFORM
AND ACCOUNTABILITY [ http://bit.ly/jPM1H8 ]. It includes Proposed Legislation that I have sent to my Minnesota US 6th District Representative, Michele Bachmann. In my humble opinion, this should be the single most important issue of the 2012 Elections.
Upon reading my article and proposed legislation, I believe you will reach the same conclusion that I have: Sovereign Immunity is a fraud. It was not provided for in the Constitution or the Bill of Rights. It results from a deliberate and fraudulent Judicial Interpretation to the 11th Amendment. Sovereign Immunity is what prevents WE THE PEOPLE from suing and holding accountable our Elected Officials, Judges, Government and Government Agencies and Government Bureaucrats. For we rank and file citizens, the political party that you belong to should not be a consideration in supporting this proposed legislation. After reading my article, I believe you will be as angry and motivated for this proposed reform as I am.
If Upon reading this, you find yourself in agreement with my assessment and proposed Legislation Please contact Representative Michele Bachmann [ http://bachmann.house.gov ] at the following voice and fax numbers.
Washington D.C. Office
103 Cannon House Office Building Washington, DC 20515
Phone: (202) 225-2331 Fax: (202) 225-6475
Woodbury Office
6043 Hudson Rd, Suite 330 Woodbury, MN 55125
Phone: 651-731-5400 Fax: 651-731-6650
St. Cloud/Waite Park Office
110 2nd Street S, Suite 232 Waite Park, MN 56387
Phone: 320-253-5931 Fax: 320-240-6905
LEGAL EVIL? In their own words - Revised and Updated to include Proposed Legislation Language sent to my MN US Representative, Michele Bachmann [ http://bit.ly/jPM1H8 ]
With the US Judiciary's reputation for integrity and honesty firmly embedded in the minds of WE THE PEOPLE, what standing does any single Citizen have to challenge their reputations? To overcome this handicap, I will use the American Legal System’s own words to expose the true nature of their integrity and character.
Let us begin with the words of former FBI director J Edgar Hoover:
"The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.''
Next, I am going to use the words of Judges themselves. Judges allege that they reach conclusions by citing existing case law aka previous rulings of judges.
In my research on immunity for Judges and States, I was astonished and dismayed to learn the liberties the Judges had taken, and leaps of logic they had used, to interpret and write case law and rules in their favor.
The first cases I will cite are:
Wiggins v Hess (1976, CA8 Mo) 531 F2d 920
"Judicial immunity applies even when judge acts maliciously and corruptly; judge loses his immunity from liability for damages in violation of 42 USCS &1983 ONLY if he acts in clear absence of jurisdiction."
and:
Holloway v Walker (1985, CA5 Tex) 765 F2d 517
"Judges absolute immunity from suit under 42 USCS & 1983 for actions take under jurisdiction is not avoided by allegation that the acts are performed pursuant to bribe or conspiracy."......
To read the rest of the story and the proposed reform bill for free please click here:
Minnesota Judicial Reform and Accountability [ http://bit.ly/jPM1H8 ]
Those were my thoughts. - http://bit.ly/jhs2ih
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Don Mashak's Minnesota 10th Judicial District Free Press - http://bit.ly/XYVN4This is a teaser for an article that I posted on my Blog MINNESOTA JUDICIAL REFORM... more
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This is a teaser from an article I wrote on Examiner.com:
From Public School, to church, to the movies and the major media and elections themselves, the American public is induced to believe that the Judges of America are men of integrity beyond reproach.
So with all of those credentials and long years of propaganda and censorship one faces a mighty steep mountain of indoctrination, propaganda and goodwill in exposing the true nature of Minnesota and the Country's Judiciary.
With the Judiciary's reputation reputation for integrity and honesty firmly embedded in the minds of WE THE PEOPLE, what standing do I have to challenge their reputations. In my estimate, what ever I might say would be easily dismissed, for what is my word to the word of these prestigious Judges.
To overcome this handicap, I will use the American Legal Systems own words to expose the true nature of their character.
Let us begin with the words of former FBI director J Edgar Hoover:
"The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.''
Whatever could the former director of the FBI, with all of the domestic intelligence information at his disposal, have meant by such a statement? I leave it to the reader to reach their own conclusion.
Next, I am going to use the words of Judges themselves. Judges have a strange little way of reaching conclusions allegedly using case law and jurisprudence. This effectively means they theoretically use the findings of previous judges to base their decision on the current case. Most of these rulings are reduced to short citations of a single sentence or a paragraph along with the case caption and where it is publicized (When judges do bad things and don't follow the law, they just don't publish their rulings - You see the secret is, Judges just censor from the general public most of the bad, unjust things they do.)
I recently had cause to research various rulings on immunity for Judges and State Governments. And I was astonished and devastated to learn the liberties they had taken and leaps of logic they had used to write the rules in their favor.
Using their own words, the first case I will cite is Wiggins v Hess (1976, CA8 Mo) 531 F2d 920 and Harley v Oliver (1976, CA9 Ark) 539 F2d 1143
"Judicial immunity applies even when judge acts maliciously and corruptly; judge loses his immunity from liability for damages in violation of 42 USCS &1983 ONLY if he acts in clear absence of jurisdiction."...
To read the rest of this article for free, please click here->;
Examiner. com Legal Evil? In their own words - Part 1 of 3 http://exm.nr/jhsah8
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThis is a teaser from an article I wrote on Examiner.com:
From Public School, to... more
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The following is an excerpt from an article I wrote on one of my blogs:
"The following Elements of Natural Law are fundamental to the Citizens of the USA understanding the problems our Country (the USA) faces. And it may also be helpful in allowing the rank and file Citizens of other Countries in understanding the problems in theirs.
The fundamental understanding our US Founding Fathers had in drafting our constitution, is People under Natural Law have free will, and are not virtuous by nature. Therefore, governments must be constructed in anticipation of the nature of man. Acting on this knowledge, our Founding Fathers built into our Government and Constitution, various checks and balances.
Amongst these checks and balances were transparency and accountability. All of our problems today emanate from the slow, persistent rolling back of the checks and balances, transparency and accountability our Founding Fathers built into our Government and Constitution.".....
To read the rest of the article for free Click here:
Minnesota 10th Judicial District Free Press News
http://donmashaksmn10judicialdistrictfreepre.blogspot.com/
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThe following is an excerpt from an article I wrote on one of my blogs:
"The... more
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The following is an except from an article I wrote on Examiner.com:
"From now until the 2012 elections, I am going to write a series of articles with the express purpose of trying to get the average reader to "think outside of the box" At the same time, I hope I am up to the task of keeping the subject matter entertaining. Before the next election occurs, it is my hope to get WE THE PEOPLE aka the Common person aka the General Public to experience a paradigm shift in their thinking with regard to poltics and voiting.
Ultimately, I want to change your perception of reality to one that reflects your own true thought processes. This as opposed to the your current perception of reality induced by the propaganda, censorship and duplicity of America's Major Media, Entertainment Industry, Big Business and our own alleged political leaders. All this with the goal of having you vote your own mind, rather than vote in the manner your Government and major media have manipulated you to.
That having been said....
I was first introduced to Chaos theory in college. It was one of those hazy late night philosophical discussions we often had in college.
FREE WILL vs CHAOS THEORY
In America, during our youthful years of public education we are indoctrinated with a belief that everything we choose to do is a matter of free will. If I choose to turn left, kick a can, drink water, blow off class, cast a vote or any act you can think of, we are taught to believe we had the ability aka free will, to choose to do something else. Turn Right, not drink, not skip class, not vote. We are taught that every action we take is fully within our personal control and we make our choices of our own free will.
Chaos Theory (Determinism) states that no matter what we do, we have no choice... we have no free will. According to Chaos Theory, so many external factors have acted upon you that you have no choice but to do what ever action you have done. Your choice has been predetermined by a multitude of previously occurring, external influences.
Being much younger then, of course I knew it all and immediately dismissed this proposed Chaos Theory as psycho-babble. Yet, almost half a life time later, I am willing to consider chaos theory as a viable explanation of certain political events and attitudes.
WISCONSIN PUBLIC EMPLOYEES
My personality is that of an analytical driver. I gather facts and make decisions. It has been my life’s presumption that the vast majority of people also act out of reason and logic.
It escapes me by what logic Rank and File Wisconsin Public Employees do not recognize..."
Continue reading for free on Examiner.com: Chaos Theory,Rank & File Wisconsin Public Employees & True Grassroots TEA Party - Minneapolis Independent | Examiner.comhttp://www.examiner.com/independent-in-minneapolis/chaos-theory-wisconsin-public-employees-and-justice-minnesota#ixzz1GJLiEqpL
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThe following is an except from an article I wrote on Examiner.com:
"From now... more
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WASHINGTON — President Obama, making a muscular show of his executive authority just one day after Congress left for spring recess, said Saturday that he would bypass the Senate and install 15 appointees, including a union lawyer whose nomination to the National Labor Relations Board was blocked last month with the help of two Democrats.
Coming on the heels of Mr. Obama’s big victory on health care legislation, Saturday’s move suggests a newly emboldened president who is unafraid to provoke a confrontation with the minority party.
Just two days ago, all 41 Senate Republicans sent Mr. Obama a letter urging him not to appoint the union lawyer, Craig Becker, during the recess. Mr. Obama’s action, in defiance of the Republicans, was hailed by union leaders, but it also seemed certain to intensify the partisan rancor that has enveloped Washington.
“The United States Senate has the responsibility to approve or disprove of my nominees,” Mr. Obama said in a statement. “But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis.”
It was the first time the president has used his constitutional authority to fill vacant federal positions by making recess appointments, thus avoiding the requirement for the advice and consent of the Senate. Mr. Obama, who currently has 217 nominees pending and 77 awaiting action on the Senate floor, said Republicans had given him little choice.
“At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months,” Mr. Obama said. “I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”
With lawmakers back in their home states and Mr. Obama spending a quiet family weekend at Camp David, the White House issued the statement announcing the president’s intent to appoint Mr. Becker, and 14 others, mostly to fill positions on his economic and homeland security teams.
The White House said the 15 nominees had been waiting, on average, seven months to be confirmed. They are expected to begin work over the next week; the president’s action will enable them to serve without Senate confirmation until the chamber adjourns at the end of 2011.
Republicans, who have cast Mr. Becker as a pro-labor radical, issued a flurry of angry statements. They wasted little time in reminding reporters that when George W. Bush was president, then-Senator Obama had railed against the recess appointment of John R. Bolton as ambassador to the United Nations, saying that Mr. Bolton would be “damaged goods” and lacked credibility without Senate confirmation.
Senator Mitch McConnell of Kentucky, the Republican leader, called the president’s move “yet another episode of choosing a partisan path despite bipartisan opposition.”
Another Republican, Senator Tom Coburn of Oklahoma, said in an interview that he could understand Mr. Obama’s frustration; he said that most of the other nominees were noncontroversial and that his concern was centered primarily on Mr. Becker. “He has a precedent,” Mr. Coburn said of the president, “Others have done it, so I’m not critical of him doing it. But I am critical of the Becker appointment because he doesn’t have the votes.”
Recess appointments are a common tool for presidents frustrated by the confirmation process. Mr. Obama’s action puts him on a par with Mr. Bush, who had made 15 recess appointments by this point in his presidency. Mr. Bush had an especially intense tussle with Democrats over judicial appointees; during the course of his two terms in office, he made a total of 171 recess appointments, although 72 were to part-time positions, according to the Congressional Research Service. President Clinton made 139 recess appointments.
With the exception of Mr. Becker, the White House said most of the 15 nominees being installed by Mr. Obama have bipartisan support. Indeed, in a sign that Mr. Obama did not want to go too far in inflaming partisan passions, he resisted using his executive powers to install one of his most contentious candidates, Dawn Johnsen, an Indiana University law professor, to lead the Office of Legal Counsel at the Justice Department. Ms. Johnsen has drawn the ire of Republicans for her work as a lawyer for NARAL Pro-Choice America as well as her outspoken opposition to the Bush administration’s counterterrorism policies.
Saturday’s announcement is certain to cheer some of Mr. Obama’s strongest supporters, who have been arguing that the president should take on Republicans in a more forceful way. Gay rights advocates were elated to see Chai R. Feldblum, a Georgetown University Law professor who advocates on gay issues, claim a spot on the Equal Employment Opportunity Commission as a result of Mr. Obama’s action.
But perhaps no group will be as heartened as union leaders.
For months they had complained that Mr. Obama was too timid in responding to Republican opposition to Mr. Becker, a former associate general counsel for the A.F.L.-C.I.O. and the Service Employees International Union. Labor leaders were also unhappy that the labor relations board has been largely paralyzed since January 2008 because only two of its five seats have been filled since then. Mr. Obama also appointed Mark Pearce, a New York labor lawyer, on Saturday to fill a fourth seat on the board.
Last month, the Democrats fell eight votes short of the 60 needed to overcome a threatened Republican filibuster of a vote for Mr. Becker. Two Democrats, Blanche Lincoln of Arkansas and Ben Nelson of Nebraska, joined Republicans in the 52-to-33 vote.
In their letter to the president, Republicans wrote that Mr. Becker, a former law professor at U.C.L.A. and the University of Chicago, “could not be viewed as impartial, unbiased or objective” in labor board cases. A law review article he wrote, saying that employers should not have a voice in unionization elections, angered many businesses and Republicans. But in Congressional testimony, Mr. Becker said that those were his personal views and as a labor board member, he would follow the letter of the law.
Two other candidates who are getting recess appointments, Jeffrey Goldstein, the nominee for a high-level job at the Department of Treasury as under secretary for domestic finance, and Alan D. Bersin, the nominee for commissioner of the Customs and Border Protection division of the Department of Homeland Security, were still being vetted by the Senate Finance Committee. Mr. Obama’s decision to bypass the vetting drew criticism Saturday from the senior Republican on the panel, Senator Charles E. Grassley of Iowa.
Mr. Grassley said Mr. Goldstein was still answering the panel’s questions about his work for a private equity firm, and Mr. Bersin was answering questions about “what appeared to be conflicting information about his documentation and disclosure” of household employees — questions that, the senator said, were “directly relevant” to the positions they will hold.WASHINGTON — President Obama, making a muscular show of his executive authority... more
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Yesterday in Copenhagen, Evan Kopelson attended a meeting of the Climate Action Task Force and met Bill Becker, Executive Director of the Presidential Climate Action Project and a regular contributor to Huffington Post. Today, Evan had the chance to interview Bill about U.S. climate reform policy and what he would like to see happen this week at the COP15 climate conference.Yesterday in Copenhagen, Evan Kopelson attended a meeting of the Climate Action Task... more
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I met with the Climate Action Task Force today and we had dinner with Jean-Michel Cousteau who is showing a movie here and speaking tomorrow. More to come on that in the days to come. After dinner I headed over to Hopenhagen Live where there was a DJ and party scene. The battery died before I got a chance to finish the video but here’s a little clip from the meeting and the after party. The men featured in the clip are Ian T. Dunlop who is a Governance and Sustainability Advisor, and William S. Becker, the Executive Director of the University of Colorado Denver’s School of Public Affairs: Presidential Climate Action Project.I met with the Climate Action Task Force today and we had dinner with Jean-Michel... more
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Ben Hoffman watches every entertainment news show on television... and shows you the most important parts! Ben Hoffman watches every entertainment news show on television... and shows you the... more
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