Showing posts with label QUESTION. Show all posts
Showing posts with label QUESTION. Show all posts

Saturday, January 24, 2015

Federal Crimes: Neglect of Constitutional Challenge

There is no Rule 1.6 exception available in any of the following definitions of federal crimes.




18 U.S.C. Section 1.
“Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.” U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 .Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)

“Any judge or attorney who does not report such judges for treason as required by law may themselves be guilty of misprison of treason,” 18 U.S.C. Section 2382.

"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. [Citations.]" (7 Witkin, Cal. Procedure, supra, Judgment, § 286, p. 828.).

Another federal statute permits any citizen to file a lawsuit in the federal courts to obtain a court order requiring a federal official to perform a mandatory duty and to halt unlawful acts. This statute is Title 28 U.S.C. § 1361.

Title 28 U.S.C. § 1361.
Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

This is one of the most important tools to fight corruption in government offices that is immunized by the mob mentality of the system. The federal crime reporting statute requires anyone knowing of a federal crime to promptly report it to a federal court (or other federal officer), and requires federal judges to receive that information and any evidence, as part of his administrative duties. (The judge has no immunity for misconduct related to this administrative requirement).

Title 18 U.S.C. § 2. Principals.
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.Note: The legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. Case law decisions: Rothenburg v. United States, 1918, 38 S.Ct. 18, 245 U.S. 480, 62 L.Ed. 414, and United States v. Giles, 1937, 57 S.Ct. 340, 300 U.S. 41, 81 L.Ed. 493.

Title 18 U.S.C. § 3. Accessory after the fact.
Whoever, knowing that an offense against the United States had been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Title 18 U.S.C. § 4 (misprision of felony).
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both.

Title 42 U.S.C. § 1983.
Every person who, under color or any statute, ordinance, regulation, custom or usage, of any State of Territory, subjects ... any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Title 42 U.S.C § 1985 Conspiracy to interfere with civil rights
(1) Preventing officer from performing duty. If two or more persons ... conspire to prevent ... any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties.

(2) Obstructing justice; intimidating party, witness, or juror. If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the law, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3) Depriving persons of rights or privileges. If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; ... or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators.

Title 42 U.S.C. § 1985 pertains to a conspiracy to interfere with civil rights,
(1) to prevent an officer from performing a duty;
(2) obstructing justice; intimidating party, witness, or juror;
(3) or depriving persons of rights or privileges.

Title 42 U.S.C. § 1986. Action for neglect to prevent conspiracy
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section [42 USCS § 1985], are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses to do so, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action, and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefore, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) the Supreme Court addressed the availability of a cause of action directly under the Constitution in Bell v. Hood, 327 U.S. 678 (1946), in which damages were sought against Federal Bureau of Investigation agents for violation of fourth and fifth amendment rights. The Supreme Court held that "where the complaint, as here, is so drawn as to seek recovery directly under the Constitution or laws of the United States, the federal court must entertain the suit. Id. at 681-82. "Where federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to grant the necessary relief." Id. at 684."

Misprision: the deliberate concealment of one's knowledge of a treasonable act or a felony.

18 U.S. Code § 2382 - Misprision of Treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.


SO IT BEGS THE QUESTION.... Why has every member of the United States Government who has been notified of the Constitutional Challenge of Rule 1.6 failed to take any action? Is it a demonstration of the usurpation of all government authority by a judiciary held hostage by the American Bar Association.

Sunday, October 5, 2014

Rule 1.6 Confidentiality - Immoral? Unethical? Illegal? Wrong?

Any law which denies a person of the rights and privileges which are secured and protected by the US Constitution are unconstitutional, a nullity, and were never a law.
AGREED. Whether on the face of the 'law' or by a collateral effect, Unconstitutional.

Are there exceptions to this constitutional protection?
NOPE. They would be unconstitutional, too.



A simple example.

You have been the victim of a fraud.

It is not moral or ethical to require another person to participate in fraud.
It is not moral or ethical to deny a victim of the truth.
It is not moral or ethical to conceal a truth from the victim or the court.
It is not moral or ethical to participate in the furtherance of a crime.
It is not moral or ethical to deny a victim equal protection of the law.
It is not moral or ethical to deny a victim of constitutionally protected rights.

To REQUIRE a person to participate in fraud, concealing fraud or to act in the furtherance of fraud.
That is unethical.
That is immoral.
That is illegal.
That is wrong.

SO.... enter a courtroom (civil, not criminal court)....

Rule 1.6 Confidentiality requires a lawyer to participate in a fraud committed by their client by not disclosing the truth to the court, or the victim. Additionally, the lawyer may not disclose information to prevent the furtherance of a crime.
[Attorney-Client Privilege is an oft-misused pseudonym for Rule 1.6 Confidentiality of Information.]

HOLD THAT THOUGHT... Did you just consider that it might be 'OK'?

The lawyer - an officer of the court - is following the ethics rules.
(Ethics indicates a choice.)
The lawyer - an officer of the court - is following the Rules of Professional Conduct.
(Can illegal and wrong be 'professional'?)

The victim has been frauded.
The victim is denied equal protection of the law and constitutional protections.
The victim is exposed for actions in furtherance of the fraud.
and
In a hearing, the judge REQUIRES the lawyer to conceal the truth.
The lawyer wanted to reveal the truth - the moral, ethical and right thing to do.
A law indicates the lawyer must be silent.
The furtherance of the fraud has occurred... in the courtroom.
The judge is participating in the furtherance of the fraud pursuant to law.
The victim is damaged while the truth is concealed.
The judge rules AGAINST the victim rewarding the criminal/lawyer and ordering a payment to the client.

IS IT STILL OK?
The Lawyer wanted to reveal the truth. The Law made that illegal.
The lawyer's discretion was not allowed.

[When enacted into LAW, Rule 1.6 Confidentiality was no longer discretionary. It was mandated.]

The fraud continues/extends.

The crime is reported to the District Attorney.
The District Attorney does nothing to investigate, prosecute, or prevent the crime from continuing.
Exposure would embarrass the judge. Crime Report is ignored.

The fraud continues/extends.

Still OK?

The victim obtains the information, everyone goes back to court.
The judge recuses.
The new judge ignores the truth and rules against the victim. The judges does not want to embarrass the court.

STILL OK?

The crime with the evidence is reported to the District Attorney.
The crime report is ignored.

The fraud continues/extends.
The injustice is leveraged in the court causing further damage to the victim.

A NEW PARTY files in court referring to the fraud.
The injustice is leveraged in the court causing further injustice to the victim.

The victim has no opportunity to escape, or for resolution, or for redress.
The victim is being denied any protection under the law.
The victim is being denied their constitutional rights.

The lawyer can do nothing to end the crimes against the victim.
The courts will do nothing to end the crimes against the victim.
Law Enforcement will to nothing to end the crimes against the victim.

The Law requires a lawyer to conceal information of a client fraud, or in the furtherance of a fraud.
That Law is denying the victim of their constitutional rights and protection of the law.

Any law which denies a person of the rights and privileges which are secured and protected by the US Constitution is unconstitutional, a nullity, and was never a law.

The law is unconstitutional.
The judge denied, obstructed and prevented the victim's constitutional rights based on an unconstitutional law.
The judge knew that constitutional rights were being denied, prevented and ignored.
Law Enforcement is following the same law at state and federal levels.

Government Officials ignore the victim.

The Legislature ignores the victim.
The Governor ignores the victim.
The State Supreme Court ignores the victim.
... they swore to preserve, protect, defend, support, enforce, etc ... the US Constitution.

IT'S IMPORTANT. WHY WOULD THE ENTIRE GOVERNMENT BE IGNORING THE VICTIM?
The Unconstitutional law was enacted in 1987, effective in 1988.
Enacted by the Supreme Court, under their authority, except the court lacks authority where a law affects a litigant's rights. The law is improperly enacted.
The Governor sent you a letter - but it was wrong, partial phrases, and disinformation.
The Legislature - after meetings with Representatives and Senators - no replies.

CONSIDER THAT INITIAL FRAUD IN THE EXAMPLE....
1) The fraud was a fake/forged deed used to foreclose on the victim.
2) The judge threw a child in jail. The judge was paid to do it.
3) The lawyer committed the fraud and blamed it on the client.




WHO IS THE CLIENT?
People may be surprised to learn that the opposing attorney is not who you may think.
The perception is logical, the reality may be different. Their client is not there. Only an attorney appears - never indicating who's interests he is responsible for. The people, the bank, the title company, or a contract lawyer who specializes - appearing in court on single issues? The subject matter expert - able to throw all available rhetoric to misdirect no regard for fact, or truths, or reality.

Lawyers are excused to mislead by attorney-client privilege, BUT that's only for their client.

Lawyers may become undone when asked WHO they represent, who is paying them to appear in court, and in who's interest are they employed? THE HESITATION, RESISTANCE OR INABILITY TO ANSWER THAT QUESTION will demonstrate deception.
It happens often... Watergate attorneys didn't know if the represented Richard Nixon, or the Office of the President of the United States. They went to jail because they got it wrong.
Sometimes clients think government attorneys are representing them, and NOT the government/public interests. Proximity is not privilege. The lawyer sitting next to you may not be YOUR lawyer protecting YOUR interests. Same goes for the opposing lawyer. ASK THE WHO IS YOUR CLIENT? QUESTION. It won't seem so stupid, when they evade the response.
Foreclosures have occurred. Only a lawyer appeared against the homeowner. Paperwork was forged, robo-signed, fake and fraudulent. People lost their homes.

People only thinking the bank committed the fraud. But, NO ONE WENT TO JAIL.
Was it Attorney Client privilege protecting the bank?
or Attorney Client PRETEND - permitting a lawyer to commit a crime while pretending to have a client?
A serious concern quickly exposed...
FOLLOW THE MONEY - the one getting paid or profiting from the experience. Who DOES that lawyer work for anyway? Ask, and the response or evasion, might surprise you.
Rule 1.6 provides an opportunity for a lawyer to conceal a fraud for their client, and to act further to conceal the fraud for their client. When pretending they have a client, lawyers get those same protections. (The lawyers know that already, did you?)


An Unconstitutional law which requires unethical, immoral and illegal conduct and prevents a person from discretion between right and wrong which has resulted in victims being victimized denied their constitutional rights and prevented protection under the law without opportunity for escape.
... has been on the books affecting lives in the Commonwealth of Pennsylvania since 1988.

The Governor, Legislature and the Courts should be ashamed of their inaction. They were informed over a year ago and have done nothing to address the unconstitutional 'law'.

The American Bar Association who knew that their 'minimum ethical standard' which lacked ethics and was titled the Model Rules of Professional Conduct were unconstitutional. Yet, they provided the Model Rules to be enacted into LAW by the state Supreme Court.

The American Bar Association rolled out their Model Rules to every state from 1984 (New Jersey) to 2009 (Maine). When addressing the unconstitutionality of the confidentiality section, they REMOVED provisions which would have allowed disclosure to address a fraud, AND disclosure to stop the continuance of fraud.

The Governor, at least half of the Legislature, and the Court are lawyers. Members. SNAP!

The National Foreclosure crisis frequently featured a forged, fraudulent and/or robo-signed deed submitted to the courts. The courts allowed the false documents and proceeded with foreclosures against victims whose rights were ignored. The law was ignored to allow the foreclosures to proceed.

Law Enforcement informed of the fraud has prosecuted no one for the crime. Rule 1.6 explains that.

Monday, March 17, 2014

JURISDICTION FOR CONSTITUTIONAL QUESTION

The Federal Court has jurisdiction to review the constitutionality of Rule 1.6 and provide the relief requested declaring the challenged law UNCONSTITUTIONAL.

Rule 1.6 causes the plaintiffs direct the loss of constitutionally protected rights and additionally prevents the state from addressing the loss, which is of itself a protected right which is also being denied..

Article V Section 10(c) of the Pennsylvania Constitution does not permit the Pennsylvania Supreme Court to deny rights protected by the United States Constitution.


RETURN TO REPLY BRIEF INDEX

Thursday, March 6, 2014

Was your injustice ignored by an Attorney General?

QUESTION:
Was your INJUSTICE left unaddressed or ignored by the Attorney General in your state?
(Respond in Comments below)

Please provide your STATE in your short response. Case name and number(s) would be helpful.

o-CHILD-ABUSE-570
The information will be provided to the Third Circuit Court of Appeals to demonstrate the failure of each state Attorney General to enforce the law in your state by deferring to the Courts to address the failure of the judiciary, lawyers, or law enforcement. This will provide demonstration of STANDING for the Constitutional Challenge of Rule 1.6 in every state.

THANK YOU.
(Comments do not appear when posted. The information will only be used to demonstrate to each state Attorney General their failure to act necessitated the Constitutional Challenge. The data will be in an Appendix to the Appeal Briefs.)