Friday, December 20, 2013

Conspiracy Against Rights - A Federal Offense

Those who are acting to prevent or delay the restoration of Constitutionally protected rights are on notice. They could face federal prosecution. The Constitutional Challenge of Rule 1.6 was filed to restore rights and liberties which have been lawfully, but unconstitutionally, ignored.

It was served to each US Attorney General to address the unconstitutionality of a law. No other distractions. Nothing more.

There was no concurrent request to seek remuneration from any Attorney General.

"IT IS MY BELIEF THAT THE US ATTORNEYS GENERAL HAD AGREED TO DEFAULT ON THE CONSTITUTIONAL CHALLENGE AND LAWFULLY RESTORE CONSTITUTIONALLY PROTECTED RIGHTS TO THE PEOPLE IN EVERY STATE."

BUT IF REQUIRED... This can be filed again and again and again.

Constitutionality will always have standing, injury and a cause for relief. Those who take an active part in preventing and obstructing the case before the federal court will likely be subject to criminal prosecution. Their actions will not be the deliberate lawful neglect which the issue has faced previously. Their actions will be documented and occur in full view of federal court.



In federal courts, cases against officials acting on behalf of states are permitted to proceed despite the State's Sovereign immunity where the State has acted unconstitutionally.

When a state official does something that is unconstitutional, the official cannot possibly be doing it in the name of the state. The Supremacy Clause of the Constitution means that the Constitution overrides all the laws of the states, invalidating any contrary laws. Therefore, when a state official attempts to enforce an unconstitutional law, that individual is stripped of his official character. He becomes merely another citizen who can constitutionally be brought before a court by a party seeking injunctive relief.

The Court held that suits may be brought to enjoin state officials from enforcing unconstitutional laws in the United States District Courts, which have the power to enjoin those officials from enforcing such laws.



42 USC § 1985 - Conspiracy to interfere with civil rights

(1) Preventing officer from performing duties
If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, 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 induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, 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 laws, 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;



Conspiracy Against Rights, 18 U.S.C. § 241.
Section 241 of Title 18 is the civil rights conspiracy statute.

Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

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