The Federal Justice
System’s Blatant Disregard For The U.S. Constitution
By de Andréa
Opinion Editorialist for
‘THE
BOTTOM LINE’
Posted January 11, 2018
The law is supposed to be a shield to
protect freedom, but the government now uses is as a sword to destroy it. – de Andrea
All three branches of the
Federal Government have been violating the American Constitution for so long,
that if one identifies any improprieties or even blatant Constitutional
violations, one is met with – “Well that’s the way it has been for a
hundred years.” As if laws are made legal by prolonged existence,
whether constitutional or not.
The following ongoing
travesty of justice is just one of many thousands of cases that would make Chief
Justus John Jay roll over in his grave. Not only does it not have any legal
bases because the Bureau of Land Management, the other (BLM), is just one of
thousands of illegal unconstitutional departments within the U.S. Federal
government. Long story short, which I have written many articles on, is the fact that the Federal
Government cannot own land with the
exception of the National Parks Act, and military bases and land occupied by
Federal buildings such as the Whitehouse and the Capital building etc.
John Jay by
the way was the first Chief Justice of the U.S. Supreme Court. Whose opinion of
Constitutional law says it all. “No legislative
act, therefore, contrary
to the Constitution,
can be valid.
To deny this
would be to
affirm that the
deputy is greater
than his principal;
that the servant
is above his
master; that the
representatives of the people are superior to the people themselves.”
- John Jay
And yet the Federal
Government has claimed over the years to own more and more of the western
United States. And in some states more land than the state and citizens do, as
indicated in red on the map. Check out Nevada and Utah. And anyone the BLM Gestapo says is trespassing
on ‘their
stolen land’ is subject to arrest by the
FBI. Or to be shot by them.
Last Friday, following a
meeting of Tier 1 and Tier 3 Bundy Ranch defendants in court with Judge
Gloria Navarro, another trial date was set for October 10. That trial included
Eric Parker and Stephen Drexler, who have already been tried twice with hung
juries and in other cases non-guilty verdicts. Now, at least a third of Idaho
representatives are calling on Attorney General Jeff Sessions to put an end to
the illegal badgering of these men with trial after trial, a clear violation of
the Fifth Amendment's protections against Double Jeopardy in trials they have
already been acquitted, (and yes, I know the "legaleeze" about
mistrials and hung juries, but the fact is that under that kind of gestapo thinking,
one could try someone indefinitely) until they are sent to the gulags for
violating an unconstitutional law.
Since then, one-third of the
representatives of Idaho, the state in which Parker and Drexler live, penned a
letter to Attorney General Jeff Sessions asking for him relax the pursuit by
Nevada prosecutors against four Idahoans who are charged or have been convicted
in the 2014 Bundy Ranch standoff in Nevada.
The letter was authored by State
Rep. Dorothy Moon (R-Stanley) and signed by 24 Idaho representatives from the
House and Senate last Tuesday stating: "We
believe that the decision by the current U.S. attorney to Nevada to prosecute
these men a third time represents disrespect for the rule of law and the jury
system."
The four men these
representatives are standing up for are Ammon Bundy, of Emmett; Eric Parker, of
Hailey; Scott Drexler, of Challis; and Todd Engel, of Boundary County.
"We are
tasked with the responsibility to protect our citizens' constitutional rights,"
the letter stated, noting the Idaho Legislatures has a "high respect for
the rule of law."
"We believe
that the right to a speedy trial and the presumption of innocence are essential
pillars to law, order, and a Republican form of government," the letter
continues. "We also believe that a trial by a jury of one's peers is the
highest form of justice as set forth by our founders. Ensuring government stays
within the bounds of its proper constitutional role empowers the people through
a jury's verdict to give clear guidance as to their will."
They then spoke out about
the innocence of the defendants who have already been tried and found not
guilty.
"We the
undersigned believe that in the case of 'The Bunkerville Stand Off' trials in
the State of Nevada in which Eric Parker and O. Scott Drexler of the State of
Idaho were charged with 40 criminal counts in connection with the above case
having been found not guilty speaks volumes to the public of their
innocence," the letter states. "U. S. Attorneys have been
unsuccessful obtaining guilty verdicts not once, but twice, establishing
criteria for dismissal of charges against them according to our standards of
justice. Further exploitation of these citizens would be an affront to justice
and notice to the public of prosecutorial harassment."
Well, if you ask me that
began when they tried the men a second time after failing to prove their case.
After all, the burden of proof is on the prosecution to prove guilt, not on
those charged to prove their innocence. But then, we are dealing with a
government judicial system that has gone off the rails. We have fought wars over less.
"We believe
that the decision by the current U. S. Attorney of Nevada to prosecute these
men a third time represents disrespect for the rule of law and the Jury
system," the representatives wrote. "A third trial would show
blatant disregard for tax funds collected from hard working law abiding citizens
who are represented by these juries who have found them innocent of 34 of the
40 charges and hung by the very slimmest margins in those where the jury stood
deadlocked. The decisions of 10-2 to acquit in the first trial and 11-1
to acquit in the second trial highlights the narrow margin by which the
prosecution hopes to continue their attack."
Then they called on
Sessions, the court and the prosecutor to consider Todd Engel's time served as
punishment for the minor charges for which he was found guilty. He was
scheduled to be sentenced on September 28.’
The letter continues:
"Ammon
Bundy, an Idaho resident, remains in custody awaiting trial directly after the
final outcome of the pending prosecution's decision with Parker and Drexler. Ammon
has been in custody since January of 2016 without benefit of bail or the
comfort of home and familiy in spite of being found not guilty of all counts in
the Oregon trial. Ammon has been stripped of normal due process for a
prosecution that now seems flimsy as we discover evidence exposed during these
previous hung trials of others for similar offenses. This prosecution sends a
chilling message to the public who are concerned about federal overreach in
their daily lives that is inharmonious to well-established constitutional
guarantees. The percentages of jurors causing the hung verdicts in these trials
should send a clear signal to the government prosecutors of the jury's
reticence to further prosecute these defendants as has clearly been received by
the public."
The representatives then
call on Sessions to have those in charge of this case end this long enduring
action and set Eric Parker and Scott Drexler free, set reasonable bail for
Ammon Bundy and allow Todd Engel to use his time served as total sentencing.
Among those signing the
letter included House Majority Leader Mike Moyle; Assistant Majority Leader
Brent Crane; Treasure Valley Sens. Clifford Bayer and Lori Den Hartog; and
Treasure Valley Reps. Judy Boyle, Christy Perry, Brandon Hixon, Greg Chaney,
Joe Palmer, James Holtzclaw, Steve Harris and Jason Monks.
“I think it is a
complete injustice and a waste of taxpayer money and time to continue to go
after these guys after two mistrials,”
said Rep. Boyle, from Midvale. “Let
it go. We are not talking about murders, robberies, druggies, rapists. It is
continuing to waste the court’s time and federal taxpayers’ money. I know the
federal government wants to make a point, but get over it.”
THE BOTTOM LINE: This does not have to go to a third trial in order for it
to be considered exploitation and prosecutorial harassment. That has and is still
taking place by the prosecution and by Judge Gloria Navarro.
I have said since the end of
the first trial, if the prosecution had any sense about them, they would drop
the charges against the remaining defendants and spare them and taxpayers any
further grief and burden by simply admitting the Federal Government is wrong.
I'm hoping once things
settle that we will see each one of these men come together and sue the pants
off the prosecution and the judge in the case, as well as Bureau of Land
Management goon Daniel P. Love for their reckless and lawless behavior in this
entire process. And then take the BLM to
the Supreme Court and have the Department declared un-constitutional and
abolished. And then return federally
confiscated state land to the states and to the people to whom it belongs.
Seeing that a new trial date
has been set, it appears AG Sessions doesn't care that the Fifth and Sixth
Amendments are being violated concerning Drexler and Parker and that other
rights are being violated concerning the remaining defendants in the case. I'm not surprised. After all, Sessions has demonstrated in the past that he doesn't
care about the Fifth Amendments protections of life, liberty and property when it comes to asset forfeiture.
You can write your Federal representative HERE, or you can
wait until they come after you over some other illegal unconstitutional law,
and you end up in the gulags yourself.
At the beginning I said: “The
law is supposed to be a shield to protect freedom, but the government now uses
is as a sword to destroy it.” I challenge you to think long and hard
about that my friend.
Thanks for listening my friend. Now go do the right thing, pray and fight
for truth and freedom. If you would like
to write me direct with a question or a comment you can contact me at writedeandrae@hotmail.com
-
de Andréa
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article to everyone on your email list.
It may be the only chance for your friends to hear the truth.
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