Showing posts with label Executive Branch. Show all posts
Showing posts with label Executive Branch. Show all posts

Tuesday, February 10, 2015

Castle Doctrine 'against an intruder in their home"

0904011043aI hold a valid title and deed to my home and property, and those trespassing DO NOT.

The Court has indicated a lack of jurisdiction which has been affirmed by the Superior Court and denied Reconsideration, thus removing the courts from any involvement regarding the issue of possession.

The decisions and documents prevent any judicial intervention to my regaining possession of the property. Where the court lacks jurisdiction to decide possession, they also lack jurisdiction to prevent me from regaining possession.

Their decision is incorrect and/or the fraud and forgery of the Central Legal Staff. In the effort, they deny constitutionally protected rights - availability of the court for redress of grievances - and interfere with the administration of the courts while preventing and obstructing Pennsylvania law.
Rule 1.6 Injustice - no protection of the law. No constitutional rights.

No prosecution of the staff has yet occured in response to my criminal complaint to the US DOJ, two counties, two state and one other federal investigating agency.

Where the court negligence has deliberately prevented an Action in Ejectment which is proper when the Plaintiff does not have possession. A Quiet Title is only permitted to be filed by the person in possession. Well the one's with the INVALID DEED are not likely to do that. I must regain possession and quiet the title from the multiple fraudulent filings and forgeries by Genuine Title.mob2

I have written to the Governor, the state Attorney General and the Montgomery County Sheriff requesting their assistance in regaining possession of the property. The Executive Branch of Government enforces the law.

The question remains if the 'secret orders' from unidentified courts will prevent the attorney general from her responsibilities - a broad pre-emptory SECRET overreach and violation of the separation of powers determined to prevent my rights and the law. (Rule 1.6 Corruption)


The Castle Doctrine ...


The Castle Doctrine assumes that an “attacker” or “intruder” intends great bodily harm if
he/she either:
1. unlawfully and forcefully enters a dwelling, residence or occupied vehicle, or
2. is attempting to unlawfully and forcefully remove someone from a dwelling, residence or occupied vehicle

Either of these circumstances results in an initial presumption that a person (who is aware that 1. or 2. above have occurred) is justified in using deadly force in self defense against the “attacker” or “intruder.”

NOTE: This rule does NOT APPLY if ANY of the following apply:
• the “attacker” or “intruder” is another resident or has a right to be in the dwelling, residence or occupied vehicle;
• the “attacker” or “intruder” is a parent, grandparent or other guardian removing a child from the dwelling, residence or occupied vehicle;
• the “attacker” or “intruder” is actually a law enforcement officer engaged in the performance of his duties; OR
• the “attack” or “intrusion” is related to criminal activity in the dwelling, residence or occupied vehicle (e.g., an “attacker” breaks into a home to steal drugs from a drug dealer).


Some state self defense laws include provisions that address duty to retreat from an intruder in one’s home or from an attacker in other places.

courtesy-kndu.com_1The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.

Florida’s law states “a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

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Laws in at least 22 states allow that there is no duty to retreat an attacker in any place in which one is lawfully present. (Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.)

At least nine of those states include language stating one may “stand his or her ground.” (Alabama, Florida, Georgia, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania and South Carolina.)

Pennsylvania's law, amended in 2011, distinguishes use of deadly force outside one’s home or vehicle. It provides that in such locations one cannot use deadly force unless he has reasonable belief of imminent death or injury, and either he or she cannot retreat in safety or the attacker displays or uses a lethal weapon.

Self defense laws in at least 22 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity under certain self defense circumstances.

Statutes in at least six states (Hawaii, Missouri, Nebraska, New Jersey, North Dakota and Tennessee) assert that civil remedies are unaffected by criminal provisions of self defense law.

Saturday, January 3, 2015

Overthrow in Pennsylvania - Judicial overthrows Executive and Legislative!

The Judicial Branch has ordered the Executive Branch to cease any investigation or prosecution... to conceal the corruption and usurpation of the Judicial Branch.

ATTORNEY GENERAL KATHLEEN KANE's COURT ORDERED SECRECY

The Judicial Branch can't order the Executive Branch not to enforce the laws of the Legislative Branch. Doing so by threatening disciplinary action demonstrates a broad overreach of the Judicial branch and a violation of the Separation of Powers. What would make them attempt this type of improper unconstitutional action?

If Judicial wished to excuse the crime after a hearing, they would act at that time in their forum - a PUBLIC forum.

To prevent public exposure of their corruption a hearing must be averted. But, any effort to prevent investigation would be visible.



There is no method by which the judiciary can prevent the other two branches from their responsibilities.

The judicial effort to prevent exposure has been publicly exposed and concealed by secrecy...

PUBLICLY AND SECRETLY, the judicial branch has ordered the Attorney General to inaction using two secret orders from two secret courts.

PUBLICLY AND SECRETLY, there are several Grand Jury's at work. One is investigating the Attorney General, but the grand jury is a tool of the Executive branch. Why has the Supreme Court of Pennsylvania called for a Grand Jury lead by Thomas Carluccio?
A grand jury seeking to suppress evidence of the unconstitutional actions of the judiciary is investigating the Attorney General.

Chief Justice Ron Castille called for this Montgomery County Grand Jury. It is being run by Thomas Carluccio, whose wife Judge Caryolyn Tornetta Carluccio has issued defective and void orders without proper subject matter jurisdiction. Those corrupt orders are at the center of Healy v Healy and Healy v Miller and will eventually be the subject of federal litigation against the entire county, and the 20 judges from the Montgomery County Bench - all have lost any immunity because of the actions of Carluccio.

Their actions demonstrated the unconstitutional influence of Rule 1.6 on the courts and law enforcement.

THOMAS CARLUCCIO IS THE ONLY ATTORNEY IN THE COUNTY WHO COULD NOT BE COMPELLED TO GIVE TESTIMONY AGAINST HIS WIFE. Who better to learn and suppress the evidence in a case against the county judiciary.


For the Judicial branch to act before a hearing demonstrates an improper influence and control over the other two branches of government dismissing the lawmaker and the law enforcer. An egregious and obvious breach of the separation of powers established in the Constitution.

Where the Executive and Legislative have been participating by concealing the improper usurpation and undermining of the Judicial branch held hostage by the American Bar Association, their silence and inaction has given way to a demonstration of the absolute overthrow of the state government.

The American Bar Association controlled Judiciary has clearly overthrown the entire state government and wielded an improper unlawful and unconstitutional authority which demands the immediate attention of the People and their elected representatives.

Note to US DOJ: This situation exists in every state rolled out by the ABA from 1984 through 2009.

Rule 1.6 is their power and their downfall


Rule 1.6 Confidentiality of Information has concealed their conspiracy and corruption, but once exposed as an unconstitutional law, the Judicial Branch was without explanation. Once challenged with clear evidence of the violation of constitutionally protected rights, the Judiciary was prompted to actions which exposed their overreach of authority.

THE KEY is Rule 1.6 - an unconstitutional law enacted by the Judiciary. Where the Executive would investigate and discover and prove the unconstitutional law, it would demonstrate the actions of the judiciary to conceal that their authority had been usurped and undermined by the American Bar Association by and through their enacting Rule 1.6 into law.

Ordering the Executive Branch to avoid investigation of the issue, shows an overreach of Judicial authority.

The Judiciary calling a Grand Jury to silence the Attorney General shows an overreach of Judicial authority.

The Judicial Branch has demonstrated their overreach and violation of the state constitution.

The Legislature was already removed from authority where the state judiciary improperly enacted a law which affected substantive rights and denied constitutional protections. A clear violation of the state constitution Article V Section 10(c).

The Pennsylvania Legislature has been asked to suspend Rule 1.6 as they have the authority to suspend any law. The Judiciary Committees have neglected to present the issue to the entire Legislature.

Rule 1.6 was the necessity which enabled the misuse of judicial authority. Once exposed as an unconstitutional nullity, the evidence of the corruption and perversion of justice would no longer be concealed.

As Rule 1.6 had become the "worst kept secret in Pennsylvania", the Judicial Branch acted in the open to suppress the matter exposing their usurpation of the Executive and Legislative branches.

THAT EXPLAINS EVERYTHING.


To the People:



Intervention is necessary.

Remove the American Bar Association. The ABA has done this in every state and federally. Rule 1.6 unconstitutional injustice exists in every state.

Shut Down the American Bar Association and all affiliates at every level of county, state and federal court.

Their RULE 1.6 enabled caused and perpetuated the injustice within the state government of every state and federally. Their Rule 1.6 permitted them to unconstitutionally and unlawfully intercept and interfere with the administration of justice in every court.

In Pennsylvania, the District Attorneys have been tightly organized minions of corruption and injustice. Resignations are appropriate.

At the state level, the judicial branch must promptly be restricted as demonstrated by the Constitution adopted by South Africa after the years of Apartheid where the courts silenced and retaliated against anyone who disagreed or spoke out or attempted to assert their rights: constitutional, civil, human or otherwise.

JUSTICE IS COMING...

I agree with Attorney General Kathleen Kane. She is central to resolution of this issue. She has witnessed the corruption, how deep it goes and how powerful it is. She has reason to be confident of re-election.

Kathleen Kane will restore JUSTICE to the entire state and start a wave of JUSTICE across the entire country.

Friday, July 11, 2014

Marbury, Madison and Rule 1.6

Chief Justice John Marshall delivered the opinion of the court in Marbury vs Madison. Chief Justice Marshall did not foresee or imagine the judiciary would themselves enact an unconstitutional law and would further act to conceal their corruption.

Where Rule 1.6 has been enacted into law in each state by the state judiciary... I adapt and annotate (with credit to Chief Justice John Marshall and notes by Warren Michelson).

The challenge to the constitutionality of a law
(1) improperly enacted by the state judiciary
(2) where a review by the state supreme court would be biased and show conflict of interest
(3) the district court has refused to review the constitutional challenge
(4) the district court has prevented a default by the Executive branch of EVERY state
(5) the district court has dismissed the matter without substantiation in fact, law or doctrine
(6) the circuit court has affirmed that improper dismissal
(7) the circuit court has denied reconsideration en banc
NOW, (8) the plaintiffs present the case to the Supreme Court of the United States concurrently presenting to the United States Congress and the President.

The question, whether a law enacted by the judiciary, repugnant to the constitution, can become the law of the land, is a revision to the question still deeply interesting to the United States. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.

The question is whether or not unconstitutional laws when enacted by the judiciary can become "the law of the land," which they certainly can not.

That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it, nor ought it to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent.

This original and supreme will organizes the government, and assigns, to different departments, their respective powers. It may either stop here; or establish certain limits not to be transcended by those departments.

The government of the United States is of the latter description. The powers of the judiciary are defined, and limited; as are those of the executive and legislative and that those limits may not be mistaken, or forgotten, the constitution is written.

To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?

The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.

It is a proposition too plain to be contested, that the constitution controls any law repugnant to it even where enacted by the judiciary; and, that the legislature must alter the constitution when necessity requires action.

Between these alternatives there is a middle ground. The constitution is a superior, paramount law, and like other acts, is alterable when the legislature shall have necessity to alter it.

Where a law enacted by the judiciary contrary to the constitution is not law and has been prevented from any review by the self-appointed sole arbitor of all things constitutional: the authority of the legislature is mandated to action unless written constitutions are absurd attempts, on the part of the people, to undermine and ignore a power without limits.

The problem is that laws enacted by the judiciary "contrary to the constitution" can be enforced just like the constitutional ones to the detriment of the entire country.

Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that a law enacted by the judiciary, repugnant to the constitution, is void.

If a law enacted by the judiciary, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law?

This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It must, however, receive a more attentive consideration.

Here we challenge a law enacted by the Judicial branch. Under the current paradigm, the only avenue available for resolution is to bring suit in a federal court. Can the judiciary be unbiased in such a matter? No. The judiciary has emphatically demonstrated bias with determined and deliberate intent.

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty while having been carelessly neglected, unlawfully denied, and improperly dismissed without substantiation in law or doctrine by the court and that negligence affirmed by the judges of the court without reconsideration or review en banc; even after the Executive Branch in each state by and through the state Attorney General had demonstrated the intent and lawfully acted to default in the matter.

It is the unlawful actions of the Judicial which have caused the necessity which require the matter to be brought to the Legislative and Executive.

If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature or the judiciary; the constitution, and not such ordinary act, must govern the case to which they both apply.

Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law.

This doctrine would subvert the very foundation of all written constitutions. It would declare that an act, which, according to the principles and theory of our government, is entirely void; is yet, in practice, completely obligatory. It would declare, that if the judiciary shall do what is expressly forbidden, such law, notwithstanding the express prohibition, is in reality effectual. It would be giving to the judiciary a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure.

Given the manner in which the current system operates, and where the challenged unconstitutional law has been concealed from public view while unconstitutional results have undermined the authority and integrity of the government, constitutional "limits may be passed at pleasure" where the ease of enacting law under the guise of authority, without review during construction of unconstitutional aspects, encounter the extreme difficulty of challenging unconstitutional laws.

That it thus reduces to nothing what we have deemed the greatest improvement on political institutions -- a written constitution -- would of itself be sufficient, in America, where written constitutions have been viewed with so much reverence, for rejecting the construction. But the peculiar expressions of the constitution of the United States furnish additional arguments in favor of its rejection.

The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.

In some cases then, the constitution must be looked into by the judges. And if they can open it at all, what part of it are they forbidden to read, or to obey? There are many other parts of the constitution which serve to illustrate this subject. It is declared that "no tax or duty shall be laid on articles exported from any state." Suppose a duty on the export of cotton, of tobacco, or of flour; and a suit instituted to recover it. Ought judgment to be rendered in such a case? ought the judges to close their eyes on the constitution, and only see the law. The constitution declares that "no bill of attainder or ex post facto law shall be passed."

If, however, such a bill should be passed and a person should be prosecuted under it; must the court condemn to death those victims whom the constitution endeavors to preserve?

Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies, in an especial manner, to their conduct in their official character. How immoral to impose it on them, if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!

The oath of office, too, imposed by the legislature, is completely demonstrative of the legislative opinion on the subject. It is in these words, "I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States."

Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

If such be the real state of things, this is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime.

Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.

Unconstitutional laws are void and that the courts must adhere to the Constitution. The Constitution is, after all, the supreme Law of the Land. Of course courts must adhere to and enforce Constitutional limits. This is not the same as saying that the courts are the sole arbiters for determining what the Constitution means and when a law is "repugnant" to it. Most certainly where the courts have acted irresponsibly with intent attempting to conceal their own undoing and failure from view.

For one to believe that the founders intended the federal government to police itself, one would have to believe that the founders expected the Judiciary to be infallible. While one might expect the Judicial branch to hold the Executive and Legislative to their Constitutional limits, who is to do the same for the Judicial?

If the Supreme Court is the sole and final arbiter of what is and isn't constitutional, then Constitutional "limits may be passed at pleasure" — at the pleasure of the Supreme Court, and there are no effective limits on the government created by the Constitution.

We hereby petition the United States Congress and the President of the United States on behalf of the People to address with haste this calamity as the corruption of the judicial branch threatens the country at it's very foundation. The Law is for the protection of the people. The Constitution does not exist to be usurped and improperly wielded to conceal the manipulated and the corrupt.

Respectfully,

Terance Healy
Todd M. Krautheim

Where a law enacted by the judiciary contrary to the constitution is not law and has been prevented from any review by the self-appointed sole arbitor of all things constitutional: the authority of the legislature is mandated to action unless written constitutions are absurd attempts, on the part of the people, to undermine and ignore a power without limits.
scotus

Tuesday, December 24, 2013

Nested Trap for any Ethical Prosecutor

Rule 3.10 is similar to Model Rule 3.8(0, but its operative language is broken into two parts - the text of the rule itself, which contains the simple injunction that a prosecutor shall not subpoena an attorney to provide evidence about a current or former client without "prior judicial approval,"
- followed by a "Comment."

The unique feature of Rule 3.10 appears in the comment, which begins as follows:
It is intended that the required "prior judicial approval" will normally be withheld unless.., the court finds
(1) the information sought is not protected from disclosure by Rule 1.6, the attorney-client privilege or the work product doctrine .... (Emphasis added.)

PENNSYLVANIA RULES Rule 3.10 cmt.

What makes this provision striking is the fact that Rule 1.6 defines an attorney's ethical obligation of non-disclosure of client information.

In short, the Pennsylvania Supreme Court explicitly and unambiguously set out to convert an attorney's personal ethical obligation of non-disclosure into an evidentiary rule equal in stature to the attorney-client privilege and work product doctrine
and enforceable against the government in the person of the prosecutor.

They deliberately made it illegal to prosecute crimes... or to address the failure of the system.

When the judiciary and the entire legal profession dismissed the basic rights of the people, they created a void, an imbalance, an irreparable violation of the public trust. You can't fix it when you have destroyed and killed so many people deliberately to conceal the sedition and treason.

America was so pre-occupied blaming everyone else for the failure, so preoccupied with protecting freedom by denying freedom... America never noticed the judiciary initiated an anarchy that has torn so many people's lives apart.

The Judiciary broke the Constitution.
The Legislative watched.
The Executive Branch prepares for martial law, because it's a likely outcome once the anarchy crosses a threshold.