Loss of Liberty - Immunity Doctrines
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What happened in the
United States that resulted in the loss of Liberty / the establishment of
sovereign immunity
In the course of my
counter-suit against the government of Texas (aka 'The State of Texas') I had to
sephardize. That is, research all relevant case law. Each case references prior
cases. So you go to the prior case and it references a case before it, and so
forth. And it was by this means, as well as my own memory of the events of the
60's and 70's, that led to the discover of how the 'immunity doctrines' came
about in the 1970's.
The 60's were a time of
social upheavel. There was the Civil Rights movement and, simulaneously, the
Anti-War movement. Both, along with the Impeachment of Nixon and proscution of
his Staff, led to the Courts creating, and utilizing, a variety of immunity
doctrines. In addition to sovereign immunity for the State governments, and
other government entities both State and Federal, they created 'Absolute
Immunity' for Prosecutors and Judges. And they created 'Qualified Immunity' for
those employed in Police Agencies. What we have now been taught to refer to as
"law enforcement".
These doctrines are
unquestionably unconstitutional and contary to the very purpose for the creation
of a Constitution and Laws. They violate the Prohibition against Titles of
Nobility found in Sections 9 and 10 of Article 1 of our US Constitution. Reading
the Federalist Papers number 84 reveals this prohibition is no different then
the Equal Protection of the Law the 14th Amendment intended to secure for each
of us. But by creating these doctrines Federal Judges were able to easily
dispose of the many cases that flooded their dockets in the 1970's while, at the
same time, they curried political favor with powerful factions in government.
The Judges in England had done the same prior to our American Revolution. In
disregard for the plain language and intent of the Magna Carta, the Great
Charter of Liberties, first enacted in 1215, they granted the King of England,
and those who acted in his name, Sovereign Immunity. That is, they restored the
Divine Right of Kings or the illogical concept that the King can do no wrong.
This is how it came to be:
First Contributing Factor - the Civil Rights
Movement
In addition to taking their
complaints to the streets the African-American population was taking their
complaints to Court as never before. The Laws enacted after the civil war, the
origianl Civil Rights Acts, had laid dormant. Rarely utilized because the
African-American population was unorganized, without financial resources, and
had no faith in the Judiciary. In the 1960's they were organized. The Federal
government and other sypathetic parties were providing resources. And they were
simply more determined than ever to press their cases regardless. This greatly
increased the case load for Federal Judges. Creating Immunity enabled these
cases to be dismissed thus easily clearing the docket to enable time for golf in
the afternoon.
Second Contributing Factor - the Anti-War
Movement
Arising at the same time were
the protests against the Vietnam War. The protests were growing larger each
month. Richard Nison assumed the Office of President in January of 1969. We now
know that he issued orders that remained secret for a long time. These orders went out from the White House to the Justice
Department and from there to Prosecutors and Police Agencies throughout the
Country. The protests were to be crushed by any and all means. The FBI
extablished cointelpro. They infiltrated all social movements and, working with
local police agencies, began efforts to frame the leaders of these movements and protest organizers.
They charged them with crimes they had not committed. These were SLAP suits of
the worst kind. Police across the country were ordered to follow the example of
the Mayor of Chicago, during the Democratic convention of 1968. They were
ordered to meet the protesters with brutality. This ultimately led to the
killing of 4 college students in May of 1970 by the national guard. The
unlawful actions by the FBI, local police, and local prosecutors, also
contributed to a hugh increase in the case load for Federal Judges. Creating
Immunity enabled these cases to be dismissed thus easily clearing the docket to
enable time for golf in the afternoon.
The
Department of Justice has the duty to prosecute State and Local Police, Police
Agencies, Prosecutors, and Judges who deprive people of their Constitutional (Civil) Rights.
Under the Eisenhower, Kennedy, and Johnson administrations they did. Where
previously they were hesitant to do so in the Southern States they now did.
Eisenhower and Kennedy were even willing to send troops into Southern States and
they did on more than one occassion. Where previously only white people could
expect to prevail in Court when their rights were violated, now
African-Americans and others could succeed. But all of this changed under Nixon.
The New Department of
Justice did the opposite. The Department of Justice under Nixon promised to
defend local police, local police agencies, prosecutors and judges, who would
assist them in their efforts to crush the leaders and organizers of the civil
rights, anti-war, and other movements. The Department of Justice would defend
them in the Federal Courts and asked the Courts to grant them immunity from prosecution. Nixon
appointed Judges to the Federal Bench who were willing to be his henchmen and
were sympathetic to his efforts to
crushing all the social movements of the 60's.
Creating Immunity
enabled these cases to be dismissed thus securing political favor with those
then working in the Department of Justice, and with the targets of the suits -
Police, Prosecutors, and other Judges who, through their professional
associations, had influence with those in a position to move a State Judge to
Federal Judge to the Court of Appeals or even to a bench in the US Supreme
Court.
Third Contributing Factor -Impeachment of Nixon
and prosecution of members of his administration.
Nixon could not keep a Vice
President or an Attorney General. Illegal acts committed by those Nixon chose
for these positions were discovered. They were forced to resign and were being
investigated for their corruption. Then came the Watergate scandal. Aggressive
and fearless investigative journalist, secretely aided by people inside the
government who were alarmed at the illegal acts of Nixon and those under him,
uncovered the source of break in and burglary of the national headquarters of
the Democrat party in Washington D. C. in a office complex known as Watergate.
Nixon and those of his inner circle in the White House were now subject to
prosecution and special prosecutors were hired by a Congress that had learned
the Prosecutors in the Department of Justice under the control of the Nixon
Administration could not be trusted to do so. In fact; the Attorneys in the
department of Justice did the opposite. They defended them and argued for the
creation of immunity doctrines to protect them. Even when not successful keeping
the Presidents men out of jail the results of their efforts was the creation of the immunity
doctrines that were later made into 'law' by judicial decree. There were
those who were sypathetic and supportive of Nixon and those who worked for him.
They did not like it that Nixon's Chief of Staff, and others in his
administration, were prosecuted and sentences to jial. They did not like it that
Nixon, the President himself, would have been prosecuted if not pardoned by the
man Nixon made President upon his resignation. A pardon that came before there
was even a trial & conviction!. Those who did not like this whole series of
events were Attorneys who were employed in Nixon's administration and were
Republican party insiders. They would later be appointed to be Judges in Federal
Courts and to be Justices in the Appellate Courts by Presidents Ford and Reagan.
This is not to discredit Reagan. He did not appoint them with the expectation
that they would use their position to create doctrines that would destroy
Liberty for We the People. But they did.
Forth Contributing Factor - Increase in crime
caused by a bulge in demographics. A bulge consisting of a young population that had been alienated and forced underground.
Initially those who were
victims of the Nixon Purge fought their cases in Court. But as the defendants in
the trial of the Chicago 7 intended to illustrate, the courts at that time were
rigged. People who had been part of these movements chose to live an underground
existence to avoid arrest and prosecution. They now turned to crime as a means
of income while hiding. Others turned to crime and violence in response to the injustices
they were suffering at the hands of police, prosecutors, and Judges. Radical and
violent factions of various movements began to form. For the civil rights
movement it was the black pathers. For the anti-war and those sympathetic
to the communist is was the violent wing of the SDS (Students for a Democratic Society)
known as the weathermen. The actions of these violent factions, referred
to as 'Radicals', along with propaganda by Federal and State police agencies
seeing opportunities to grow their budget and workforce, fed the politics of the
80's, and into the 90's. Politics that called for more police, more prosecutions, longer
sentences, while at the same time promoting fewer & weaker protections for the
accused. Due Process of Law became a 'Process' where the Law
governing the process was no longer valued or practiced. Rather, movies like the
Dirty Harry and Death Wish series portrayed the 'process' and the 'law" as cause
for youth rebellion and crime. Cops like Harry or vigilantes like made character
in Death Wish were 'heros' for their extrajudicial executions of hippie type
miscreatants for even minor crimes or simply offensive, ill manored, behavior.
Both were hugely popular and, although they were fantasy worlds rather than the
reality of life in our United States of America those who saw these movies were
affected. They had a propaganda affect that colored political discourse and
influenced elections.
In addition to this was the
baby boom of post World War II. They were reaching an age at which many
experiment with not just drugs, but also with crime. Most crime is committed by
people in their late teens and early 20's. Most will move away from and never go
back to drugs and crime after they mature into their late 20's and beyond. In
the 60's and 70's there was a huge bulge in the demographic group made up of
people in their late teens and early 20's. In addition it was believed the CIA
intentionally developed and promoted the drug culture that began in the 60's and
continued to blossom during the 70's. The purpose was two fold. First, they
believed the use of marijuana would cause those who cared about social issues,
and thus were involved in movements, to become apathetic. Second, by getting
those in these movements involved with the use of illegal drugs they would
create a cause for police to arrest them and thus take them out of the movement.
While CIA involvement in the drug trade was widely rummored it was never
difinitively proven. However, in the 1980's CIA and military involvement was
well documented and proven. It was part of the Iran Contra scandal. Without
their knowledge, or with intential blindness, cocaine was transported and sold
to finance the war against the communist that had taken control of the
government of Nicaragua. This lends credibility to the claims of those who
assert the CIA was behind the development and promotion of the drug culture. So
while the Nixon administration was declaring the War on Drugs the same
administration was intentionally facilitating the drug problem to make that war
necessary.
Why it was not
temporary
It is true that Police were
under verbal and media attack in the 60's and 70's. These attacks were justified
because of their behavior during the social movements. But this created a siege
mentalit. That is, the police viewed the public as against them. They were
'under seige' and that attitude was pervasive among those employed in police
agencies. The response of the Police was to unionized as never before. Police
agencies also brought on staff people who would work on public relations. Police
unions hired public relation agencies. They produced propaganda that would grow
their power. They found it beneficial to exaggerate the crime problem. It
enabled them to grow their budgets and increase the number of personnel under
their direction. Thus providing more room for advancement of others and the
advacement of their own career. The more personnel under the direction the
higher the salary you can command. Police Unions and others who profit from
being on the government, public paid, side of crime became more active in
financing and otherwise promoting politicians who were help them create a crime
hysteria that was unjustified by the true facts.
The demographic bulge and the
other factors that led to the increase in crime rates in the 70's subsided in
the late 80's and in the 90's. But the crime rate and the incarceration rate
continued to increase. WHY? By then the immunity doctrines had been
established and propaganda had set the stage for "tough on crime" political
environment. Police and Prosecutors were no longer accountable to law.
Judges were subject to defeat in elections, removal from the bench, or a
stiffling of their career if they held them accountable. Judicial advancement
came to those Judges who would aid and abet police and prosecutors in turning
our criminal justice system into a conviction machine. Arrests could be made for crimes that never even happened. Arrest, rather than
actual crimes, were now used to calculate the 'crime rate'. Arrests were now common
for an ever increasing number of victimless crimes and newly created crimes as
Penal codes, as was done in Texas in 1993, were entirely re written to greatly
expand the number of offences people could be charged for and to weaken defenses
for various charges. The propaganda efforts of those who benefit and profit from
creating a crime hysteria among the public succeeded in getting Congress and
President Clinton to enact The Violent Crime and Law Enforcement Act.
Designed with significant input from (ie; written by) experienced police
officers, it was the largest crime bill in the history of the United
States.Consisted of 356 pages that provided for 100,000 new police officers,
$9.7 billion in funding for prisons and $6.1 billion additional funding for the
crime industry.
And so it was that the
incarceration rate continue to increase. That is, the number of persons in
prison per 100,000 in population. And the absolute numbers in prison continued
to grow. In addition the number of persons under some form of supervision such
as parole or probation increased. A quasi-incarcerated life. Crime became a big
business. A very profitable business. Not for those who commit crimes, But
for all those who claim to be fighting crime, or contributing to that fight in
some way. Those employed as police and prosecutors can draw an easy income and benefits far better than any
that can be found in the private sector of our economy, at the expense of the
public treasury. Public safety is not the true cause. A majority of
those in prison or under government supervision are just collateral damage.
Their, arrest, their prosecution, their incarceration, and their supervison at
public expense does not increase the safety of the public. But their suffering
does enable a large number of people to be employed while in an occupation that will exempt them from, or greatly lessen the
probability, that they might suffer the same fate as those they prey upon. Among
their propaganda victories is to change our lexicon. There was a time when they
were referred to as the police. Today they are referred to as 'law enforcement'.
The odd thing about this is that today they do not enforce the law. Today they
enforce their will at their pleasure. They may call it law but it is anything
but. It is whatever perverse interpretation a prosecutor can manufacter for
Judges that will go along and assist in perverting the law to make those
innocent of no crime appear guilty. If enforcing the law was truly the obective,
then there would be a large number of people who are employed as police and
prosecutors under indictment for their contemptuous disregard for the Law of our
Constitutions, as well as Judges who join them in their Obstruction of Justice.
CONCLUSION
The forgeoing is the cause,
and the result, of the immunity doctrines. Treated as "laws" the absolute
immunity for prosecutors and qualified immunity for police and sovereign
immunity for the entities in whose name they are, are not Law. They were established by the
Branch of government known as the Judiciary. The very reason that 'We the People' never gave the power to make law
to the Judiciary is because the history and experience of other nations had
proven they could, and would, be corrupted by the Executive (the King and his
government) to create laws that would exempt them from the law. They
have granted to those employed in certain occupations of public trust the
Constitutionally prohibited Title of Nobility. Thus those in these occupations
can violate that public trust with impunity. And they do. Power corrupts.
Absolute power corrupts absolutely.
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