Posts Tagged ‘laws’

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

###

BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself
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Bloomfield Press
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“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

Resources from Bloomfield Press:

If you want to help make a difference, take a look at my page on Tactics That Work:
http://www.gunlaws.com/Tactics%20That%20Work.htm

To see prior issues of my media watchblog, Page Nine:
http://www.gunlaws.com/PageNineIndex.htm

For researched info on News Media Bias:
http://www.gunlaws.com/NewsAccuracy.htm

See my latest papers, news, Updates and more:
http://www.gunlaws.com/newstuff.htm

To find a law anywhere in the country, use our widely acclaimed National Directory:
http://www.gunlaws.com/links/index.htm

You can check out our growing line of Specialty Books with DVDs for gun owners and supporters of freedom and plain-English guides to gun laws across the nation:
http://www.gunlaws.com/books.htm

And finally, for logical, common-sense, reasonable positions on gun issues, try my Position Papers:
http://www.gunlaws.com/updates.htm

Does anyone read the U.S. Constitution these days?

September 6, 2010

Very interesting …either they don’t or can’t read or worse just ignore or more likely think they are above the Constitution…..  Another “Must Read
This was sent to me by a fellow Oath Keeper, who lives in Maine near the Canadian border.

U.S. Constitution saves the day! Why won’t the feds read the constitution before they file a lawsuit against a sovereign state?

Explosive evidence shows ruling of AZ judge illegal…

July 31, 10:07 AM Conservative Examiner Anthony G. Martin

In a stunning development that could potentially send the nation into a Constitutional crisis, an astute attorney who is well-versed in Constitutional law states that the ruling against the state of Arizona by Judge Susan Bolton concerning its new immigration law is illegal.

(Daniel Bayer/CBS News via Getty Images)
The inept U.S. Attorney-General Eric Holder.

The attorney in question submitted her assertion in a special article in the Canada Free Press.  Her argument states in part, “Does anyone read the U.S. Constitution these days?  American lawyers don’t read it.  Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder.  But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.

“Article III, Sec. 2, clause 2 of our Constitution says:

“In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original jurisdiction.  In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction.”

In other words, the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled.  As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state.

This means that neither Judge Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, have any legal standing whatsoever to rule on the issue.

Thus, U.S. Attorney-General Eric Holder filed the federal government’s lawsuit against the state of Arizona in a court that has no authority to hear the case.

The attorney whose heads-up thinking concerning the Constitution provides the legal remedy for dealing with this blatant disregard for Constitutional law in the article at Canada Free Press.

In a related development, another explosive discovery was made by those who actually take the Constitution seriously.  The Constitution specifically allows an individual state to wage war against a neighboring country in the event of an invasion, should there be a dangerous delay or inaction on the part of the Federal Government. This information was cited by United Patriots of America.

From Article I, Section 10 of the U.S. Constitution, we find these words:

“No State shall, without the Consent of Congress, engage in War, unless actually invaded, or in such imminent danger as will not admit of delay.”

No one who is actually familiar with the crisis at the southern border can deny that Arizona is endangered by the relentless assault of lawless Mexican invaders who ignore our laws, inundate our schools and medical facilities with unpaid bills, and even endanger the very lives of citizens with criminal drug cartels that engage in kidnapping, murder, 115 bodies recovered in AZ entry routes, human trafficking, and other mayhem, including aiming missile and grenade launchers directly at U.S. border cities from just across the Mexican border.

This is as much of an invasion as the nation of Iran sending in a fleet of warships to the Port of Charleston.

The Constitution that forms the basis of the rule of law in this country says that Arizona has legal right to protect itself in the case of inaction or delay on the part of the federal government, including waging war in its self-defense.

This, when coupled with the clear Constitutional mandate that only the Supreme Court hear cases involving the states, should be ample legal basis for attorneys representing Arizona to go after the federal government with a vengeance.

Governor Jan Brewer and the stalwart members of the Arizona legislature have ample legal reason to stand firm against the illegal bullying of an arrogant, lawless federal government.

This missive must be circulated around the USA; we must all get involved this is OUR case too.

“The law is reason free from passion.” Aristotle

THE LAWS OF ULTIMATE REALITY – (humor)

March 2, 2010

Law of Mechanical Repair
After your hands become coated with grease, your nose will begin to itch and you’ll have to pee.

Law of Gravity
Any tool, when dropped, will roll to the least accessible corner.

Law of Probability
The probability of being watched is directly proportional to the stupidity of your act.

Law of Random Numbers
If you dial a wrong number, you never get a busy signal and someone always answers.

Law of the Alibi
If you tell the boss you were late for work because you had a flat tire, the very next morning you will have a flat tire.

Variation Law
If you change lines (or traffic lanes), the one you were in will always move faster than the one you are in now (works every time).

Law of the Bath
When the body is fully immersed in water, the telephone rings.

Law of Close Encounters
The probability of meeting someone you know increases dramatically when you are with someone you don’t want to be seen with.

Law of the Result
When you try to prove to someone that a machine won’t work, it will.

Law of Biomechanics
The severity of the itch is inversely proportional to the reach.

Law of the Theatre
At any event, the people whose seats are furthest from the aisle arrive last.

The Starbucks Law
As soon as you sit down to a cup of hot coffee, your boss will ask you to do something which will last until the coffee is cold.

Murphy’s Law of Lockers
If there are only two people in a locker room, they will have adjacent lockers.

Law of Physical Surfaces
The chances of an open-faced jam sandwich landing face down on a floor covering are directly correlated to the newness and cost of the carpet/rug.

Brown’s Law of Physical Appearance
If the shoe fits, it’s ugly.

Wilson’s Law of Commercial Marketing Strategy
As soon as you find a product that you really like, they will stop making it.

Doctors’ Law
If you don’t feel well, make an appointment to go to the doctor, by the time you get there you’ll feel better. Don’t make an appointment and you’ll stay sick.

Law of Logical Argument
Anything is possible if you don’t know what you are talking about.

What if there was no justice in Arizona?

November 7, 2009

What if there was no justice in Arizona?

By John Donnelly

What would you do if you were a successful dentist and had been falsely arrested and held for several months under charges that were made up by your scheming wife (long-term drug addict and alcoholic) who was trying to get a divorce, obtain a strategic position for custody of your two children, gain control of all your money and property by lying to police in order to have you kept in jail so she could loot your bank accounts (corporate and joint accounts), steal drugs (DEA controlled narcotics), patient dental records, personal firearms collection (99 guns, ammo & accessories)?

What if your wife and her lawyer, accompanied by the lawyer’s paralegal, the paralegal’s husband (a Phoenix firefighter) 2 Sheriff’s detectives and another un-named person came into your house at midnight while you were in the hospital, opened your gun safes and removed your ninety-nine (99) guns and accessories, supposedly under a court order, for placement at a gun shop for consignment? What if there has NEVER been any court order produced to show the need to remove your firearms? What if the detectives were supposedly there for a civil standby, but have no official documents requesting their presence? What if they never made an accurate accounting (make, model and serial number) of the items removed? (Chain of custody) What if between the house and the gun shop, thirty-three (33) of the firearms disappeared? What if the lawyer denied the existence of these firearms for several months, and in several certified letters requesting information, the truth finally came out that he and the detectives had bought some of these guns and ammo? (Grand Theft) What if the gun shop where the other guns were taken refused to give you a list of firearms that they received and subsequently sold? (ATF form 4473 – Federal requirement for firearms transfer) What if, under a court-ordered subpoena, they still refused to provide this information? (Contempt of court) What if the gun shop owners sent a letter to the judge on your divorce trial telling him that they sold a large number of your guns for about $3,000? (Way under market value)

What if your wife had been seeing at least 18 different doctors (doctor shopping) in order to get prescriptions for narcotics? What if she had been taking these drugs behind your back for several years? What if she was writing prescriptions in other peoples’ names, and calling them in to pharmacies for herself (using your DEA license) and getting more drugs in that manner? What if, in addition to the illegal narcotics that she was taking, she also was taking prescription drugs for depression and schizophrenia? What if you found out that your wife had been stealing drugs from your office as early as one year after you had been married? What if she met an attorney at the gun range whom she kept in contact with for several years, and used this attorney later when your guns were stolen? What if she obtained a confidential list of judges (and their home addresses) from this attorney, and this list was found in your vehicle when you were arrested? What if it is not illegal or unlawful to have a copy of this list?

What would you do if the attorney that represented your wife, had you allegedly sign papers (with her attorney acting as the Notary) while you are in the hospital due to a head injury and under heavy medication (vulnerable adult), giving her access to your corporate bank account, and then she promptly cleaned out the account of about $22,000? (NOTARY FRAUD by the Attorney, and conflict of interest, assisting another in commission of a Felony)

What if she (the wife) stole vehicles and property that belonged to the corporate trust and concealed their whereabouts? What if she stole your computers, over 2,000 patient records [HIPAA violation (Federal) Identity theft] gold, DEA controlled narcotics (drugs), DEA controlled substance logs, and prescription pads from your office.

What if your wife filed a restraining order against you in order to keep you away from your house in order to conceal the fact that she had cleaned out the house, safes and office, of all your money, property ($663,000) and possessions? What if she sold some of that property (that was not hers) in order to buy drugs, go on uncontrolled spending sprees, and take trips to Mexico and California?

What if the local police department assisted her in removing your property from your house, locked safes and office, and when you tried to report the theft of property, the police failed and refused to respond or act on the report or any other reports that you attempted to make and treated you in a hostile manner?

What if the wife was found passed out in the gravel in front of Walgreens, with an open bottle of rum? (PUBLIC DRUNKENESS) What if her employer drove her home from work, (the school where she teaches) because she was drunk on the job? What if she was drunk and running through her apartment complex late at night, banging on doors and screaming that she was sexually assaulted, and when the police came, denied it? What if the wife was charged with 3 DUI’s within 2 years, one involving an accident where she INJURED a young man, who was required to be in the hospital for several weeks for treatment and recovery, destroying his semester at ASU? What if she didn’t get any REAL punishment or jail time for these 3 DUI’s, and what she did get, amounted to a slap on the wrist?

What if during one of the DUI’s she was involved in an accident, WHILE your child was in the vehicle? (FELONY CHILD ENDANGERMENT) What if the detectives and county prosecutor were covering up all these crimes by the wife (a known drug addict and alcoholic), because she was the only witness that they had against you? What if the wife had tried to commit suicide on at least 2 occasions, while your children were in her care (drugs and/or alcohol) and CPS refused to remove your children from her home? What if her own daughter expressed to police deep concern for her mother’s behavior? What if the police came and made a report, called CPS and they did NOTHING about removing the children from this home? What if you weren’t allowed to see, or have any contact with, your own children for over 3 years?

What if her attorney, and the detectives who were present when her lawyer cleaned out your gun safes, (99 guns, ammo, and accessories) purchased some of these guns for much less than fair market value, and lied about it to you and the State Bar, for several months before being caught in a lie? What if this attorney “gave” one of the guns to his brother out of state? (Federal firearms violation – interstate transportation of a stolen firearm)

What if the Arizona State Bar ADMITTED that this attorney was guilty of lying and theft, but failed to file sanctions against him (censure) or recommend disbarment for his crimes?

What if the attorney that you hired to defend you, pretended to act in your interests and failed to provide a reasonable defense, (ineffective counsel) failed to file objections and motions needed in a timely manner, and all the while charging you exorbitant amounts and when you ask for an itemized billing, made excuse after excuse and never provided the requested information? What if this attorney also had possession of 12 of your firearms, (that were given to him by the wife’s attorney) and sold those firearms for his personal gain? (Grand Theft) What if this attorney knew of the firearms theft by the wife’s attorney and (by state law) FAILED to report him to the state bar for punishment?

What if the Sheriff made inflammatory public statements (SLANDER) to the media about you regarding the false charges? What if the Sheriff also put you in jail among the general population, endangering your life?

What would you do, if, while you are being held in jail illegally, the detectives who were working on your case, lied to the grand jury (PERJURY) about evidence that they had in their possession, that POSITIVELY cleared you of the charges that you were being held for?  What if they held you in jail for several more weeks, AFTER they KNEW of the evidence EXCLUDING you from the alleged crime? What if they made you pay a ridiculously high bond, ($360,000.00) that didn’t fit the crime, in order for you to get out of jail?

What if the county prosecutor called herself the “ANGEL OF DEATH” (and was so proud of this name she used it for her email name) and had previously worked with these lying detectives and was now trying to put you away for several felony counts? (CONSPIRACY) What if her motives were to keep you quiet, so the REAL TRUTH about the trumped-up charges, and her involvement with the lying, thieving detectives were never known?

What if the judges assigned to your case kept making delay after delay (usually 30-60 days) WITHOUT making any rulings, and then recusing themselves when things started getting hot, and judge after judge refused to hear the case, because it was a political hot potato? What if the judge kept making delays that pushed your trial date PAST the legally allowed time (over 3 years since your initial arrest) to deny your constitutional right to a speedy trial? What if the judge failed to follow both Arizona Constitution and the U.S. Constitution laws guaranteeing your rights? What if the judge got sick and never recused himself?  The Supreme Court acted to intervene, without obtaining his recusal! (More delays)

What if they finally got a judge from an adjoining county, (who continued making 60-day delays) that held a hearing in the next county, that you were unable to attend, (and judge refused to allow you to appear telephonically) because it would violate your bond release agreement?

What if the wife’s lawyers pushed this judge to revoke your bond to restrict your movements and hamper your efforts to get the truth, work on your defense and in order for your wife to try and claim your house to get money? What if you were put back in jail because of this supposed bond revocation?

What if a good friend worked all night to file a Writ of Habeas Corpus with the Supreme Court and they refused to order your release? What if the judge failed to follow both Arizona Constitution and the U.S. Constitution laws guaranteeing your rights? What if all the law enforcement officers, attorneys, prosecutors, and judges involved in your case were totally ignored the rule of law, violating both STATE and FEDERAL statutes and DENYING YOUR CIVIL and HUMAN RIGHTS?

What if, because of these problems, you were not able to practice in your profession, and have lost out on over $300,000.00 in income? What if your mother (retired) had been paying your bills and helping in your legal defense for the past three years, expending all of her retirement savings?

What if your attorney at your divorce trial was inexperienced and didn’t get any help in defending you after being asked to? (Ineffective counsel) What if he failed to file motions in a timely manner or even to object to the nonsense that the wife’s attorneys were pulling and just kept billing you $300 an hour for doing nothing? What if the police pulled your mother over on the freeway, removed her from the car at gunpoint, and took away the car she was driving, even though she had a legal right to possess the car? What if your attorney didn’t even check on the status of the car for several days, to try and recover it for your mother, until after the wife had picked up the car from impound?

What if, during your criminal trial, you were taken from your cell at about 5:30 AM to be transported to the courthouse, without having anything to eat? What if you were put in a holding room until court started at 9:00 AM, sat in court until they recessed for lunch, were put back in the holding room (without getting any lunch) until court resumed at about 1:30 PM, and were taken back to your cell after court adjourned at 5:00 PM and didn’t get any dinner? What if this went on for 4 days a week for the entire time of your 3-week trial?

What if, during your trial, the prosecutor submitted circumstantial evidence that was never positively linked to you by DNA or fingerprints? What if the judge denied every motion from your defense attorneys to present evidence that disproved the prosecutions allegations? What if the judge had been talking to other judges and had a preconceived notion of your guilt, even before the trial commenced?

What if this judge denied your defense, in violation of your Constitutional rights guaranteed by the Arizona and U.S. Constitutions? What if, the judge prohibited the defense attorneys from giving the sentencing guidelines to the jury. What if the jury, after listening to the lies fabricated by your wife and the prosecutors, failed to understand the true legal definitions of the charges against you because of the interpretation given to them by the prosecutor, and found you guilty on all charges?

What if the judge sentenced you to 17-year (123.5 years total) consecutive terms on each charge? What if the sentence was excessive for a non-violent charge and this was your first offense? What if your defense attorneys ask the court to grant them an executive clemency hearing and were flat out denied? What if they explained to the judge that his sentence was extremely excessive for a non-violent charge, and that if you had committed something like a rape or murder, you would have received less time, and would be eligible for parole and the judge denied them again?

What if, 2 days after your sentencing, while you were in county jail, supposedly in protective custody, you were put in a cell with a convicted murderer, (ex-Mexican Mafia) who knew several of the judges, attorneys, etc. involved in your case? What if he came up behind you at 4:00 AM and severely beat you and knocked your 8 front teeth loose? What if, when you were taken to county hospital for treatment, and when you were taken back to jail, you were denied ANY pain medication? What if you were taken a few days later to a state facility for classification, while you were supposed to be in protective custody, where 2 inmates beat you again while the detention officers turned their heads? What if you heard that there was a contract out on you, because the (guilty) people involved in your case didn’t want you to talk about the case or ever see the light of day again?

What if, a month after your trial, a copy of the sheriff’s detective’s report turned up, showing that they were at your house the night that your guns were stolen?  [and the report was concealed from evidence]

What would you do if all these things were TRUE? And you were not guilty of anything.

Would you finally believe there is no justice in Arizona?

IF you still have doubts, ask me – I have PROOF!

www.justicefordrkennedy.info

Laws of the Universe

October 28, 2009

Law of Mechanical Repair
After your hands become coated with grease, your nose will begin to itch and you’ll have to pee.

Law of Gravity
Any tool, or pill, when dropped, will roll to the least accessible corner.

Law of Random Numbers
If you dial a wrong number, you never get a busy signal and someone always answers.

Law of the Alibi
If you tell the boss you were late for work because you had a flat tire, the very next morning you will have a flat tire.

Variation Law
If you change lines (or traffic lanes), the one you were in will always move faster than the one you are in now (works every time).

Law of Close Encounters

The probability of meeting someone you know increases dramatically when you are with someone you don’t want to be seen with.

Law of the Result
When you try to prove to someone that a machine won’t work, it will.

Law of Biomechanics
The severity of the itch is inversely proportional to the reach.

Law of the Theater
At any event, the people whose seats are furthest from the aisle arrive last.

Murphy’s Law of Lockers
If there are only two people in a locker room, they will have adjacent lockers.

Law of Physical Surfaces
The chances of an open-faced jelly sandwich landing face down on a floor covering are directly correlated to the newness and cost of the carpet/rug.

Oliver’s Law of Public Speaking
A closed mouth gathers no feet.

Wilson‘s Law of Commercial Marketing Strategy
As soon as you find a product that you really like, they will stop making it.

Doctors’ Law
If you don’t feel well, make an appointment to go to the doctor, by the time you get there you’ll feel better. Don’t make an appointment and you’ll stay sick.

Law of Probability
The probability of being watched is directly proportional to the stupidity of your act.


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