Justice Commission - Take Back Kentucky

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Dealing with Corruption
And
Enforcing Existing Law
Sarbanes-Oxley Act 2002
No Cooking the Books
Anti Money Laundering
Severe Penalties
Who are we talking about?
The Money
The Power
The Corruption
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Criminal forfeiture is an action brought as a part of the criminal prosecution of a
defendant. It is an in personam (against the person) action and requires that the
government indict (charge) the property used or derived from the crime along with
the defendant. If the jury finds the property forfeitable, the court issues an order
of forfeiture.
For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer
Influenced and Corrupt Organizations (RICO), as well as money laundering and
obscenity statutes, there is an ancillary hearing for third parties to assert their
interest in the property. Once the interests of third parties are addressed, the
court issues a final forfeiture order.
Civil judicial forfeiture is an in rem (against the property) action brought in court
against the property. The property is the defendant and no criminal charge against
the owner is necessary.
Administrative forfeiture is an in rem action that permits the federal seizing
agency to forfeit the property without judicial involvement. The authority for a
seizing agency to start an administrative forfeiture action is found in the Tariff Act
of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is:
merchandise the importation of which is prohibited; a conveyance used to import,
transport, or store a controlled substance; a monetary instrument; or other
property that does not exceed $500,000 in value.
Source: A Guide to Equitable Sharing of Federally Forfeited Property for State and
Local Law Enforcement Agencies, U.S. Department of Justice, March 1994.
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Police brutality is the wanton use of
excessive force, usually physical, but potentially
in the form of verbal attacks and
psychological intimidation, by a police officer.
Widespread police brutality exists in many
countries, even those that prosecute it. It is one
of several forms of police misconduct, which
include: false arrest; intimidation; racial
profiling; Political repression; surveillance abuse;
sexual abuse; and police corruption. However, as
aforementioned, it may involve physical force but
never reaching death under police
custody. Although illegal, it can be done UNDER
THE COLOR OF LAW.
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Administrative Actions
Under both the Fifth and Fourteenth Amendments to the U.S. Constitution, neither the federal government nor
state governments may deprive any person “of life, liberty, or property without due process of law.” A similar
due process provision was found in the Magna Charta, as well as early state constitutions.
Due process is the legal requirement that the state must respect all of the legal that are owed to a person.
Typically, "Due process" means 1) Notice, generally written, but some courts have determined, in rare
circumstances, other types of notice suffice. Notice should provide sufficient detail to fully inform the individual
of the decision or activity that will have an effect on his/her rights or property or person. 2) right to grieve (that
being the right to complain or to disagree with the governmental actor/entity that has decision making
authority) and 3) the right to appeal if not satisfied with the outcome of the grievance procedure. Due process
balances the power of law of the land and protects the individual person from it. When a government harms a
person without following the exact course of the law, this constitutes a due-process violation, which offends
against the law of the land.
Due process has also been frequently interpreted as limiting laws and legal proceedings, so that judges—instead
of legislators—may define and guarantee fundamental fairness, justice, and liberty. This interpretation has
proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various
other jurisdictions. This interpretation of due process is sometimes expressed as a command that the
government must not be unfair to the people or abuse them physically.
Due process is not used in contemporary English law, though two similar concepts are natural justice (which
generally applies only to decisions of administrative agencies and some types of private bodies like trade
unions) and the British constitutional concept of the rule of law.
Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually
diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United
States.
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IRS Targeting
Criminal Prosecutions
Extortion through bail
Secrecy of Grand Jury
Administrative Actions
Forfeiture Actions
Assessments (generally IRS)
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Civil Rights Laws
Ability to sue for damages
Ability to sue for injunctive relief
Right to go to Grand Jury
Right to pursue charges
File a Criminal Complaint
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Lawyer
Police, FBI, Department of Justice
File Suit
Grand Jury
Go to the media
What to Expect
How The System
Protects Itself
At
Your Expense
WHO YA GONNA CALL?
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The entire system is made up of Lawyers
The Judges are Lawyers (all the way to the
supreme Court) (Special exceptions, I.e., SC)
The Clerks of the Judge are wannabe Lawyers
The Prosecutors are Lawyers
The Clerks of Court are Dependant of Lawyers
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With very few exceptions
Take your money
Will use you as a pawn to negotiate position
May in fact fight for you until he/she sees
opportunity to profit
Will eventually help the other side
In most cases lawyer will lead you on to get
fees, etc., and then in the end convince you
that there is no hope in the complaint/case.
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File a BAR complaint
File Suit
BAR Association is made up of Lawyers and a
part of the Supreme Court of the State (in
most, if not all states)
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Police have IAD to investigate Police made up
of regularly circulated officers
FBI has DOJ “Office of Professional
Responsibility” (OPR) made up of regularly
circulated agents
DOJ has Office of Professional Responsibility”
(OPR) made up of regularly circulated agents
“Car 54 where are you ??????” Never existed!
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Pro Se
You get your own special set of laws and
regulations
Lawyers, Lawyers, Lawyers
If you are suing individuals working for the
Government, you will face lawyers hired by
the government
Immunity, States Rights, witness tampering,
including charging your witnesses with
crimes, taking their kids away, interrupting
state benefits, etc.
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In a recent ruling, the Federal Court ruled you
have no right of access to the Grand Jury
The State of Kentucky changed their AG
opinion to reflect the Ruling of the Federal
Court
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The media has become lazy
The media depends heavily on supposed inside
info from the govt (leaks)
The media depends on revenue of advertisers
The media has been trained to believe the
government
Investigative reporters are few and far between
The media is afraid of the government
Almost all media is now online or subject to an
FCC lic.
The only time the media will act is if public
opinion demands it and they always want to be
on the popular side
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PRISM is a clandestine mass electronic surveillance data mining program launched in 2007 by the National
Security Agency (NSA), with participation from an unknown date by the British equivalent agency, GCHQ. PRISM
is a government code name for a data-collection effort known officially by the SIGAD US-984XN. The Prism
program collects stored Internet communications based on demands made to Internet companies such as
Google Inc. under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match courtapproved search terms. The NSA can use these Prism requests to target communications that were encrypted
when they traveled across the Internet backbone, to focus on stored data that telecommunication filtering
systems discarded earlier, and to get data that is easier to handle, among other things.
PRISM began in 2007 in the wake of the passage of the Protect America Act under the Bush Administration. The
program is operated under the supervision of the U.S. Foreign Intelligence Surveillance Court (FISA Court, or
FISC) pursuant to the Foreign Intelligence Surveillance Act (FISA). Its existence was leaked six years later by NSA
contractor Edward Snowden, who warned that the extent of mass data collection was far greater than the public
knew and included what he characterized as "dangerous" and "criminal" activities. The disclosures were
published by The Guardian and The Washington Post on June 6, 2013. Subsequent documents have
demonstrated a financial arrangement between NSA's Special Source Operations division (SSO) and PRISM
partners in the millions of dollars.
Documents indicate that PRISM is "the number one source of raw intelligence used for NSA analytic reports", and
it accounts for 91% of the NSA's Internet traffic acquired under FISA section 702 authority.” The leaked
information came to light one day after the revelation that the FISA Court had been ordering a subsidiary of
telecommunications company Verizon Communications to turn over to the NSA logs tracking all of its
customers' telephone calls on an ongoing daily basis.
U.S. government officials have disputed some aspects of the Guardian and Washington Post stories and have
defended the program by asserting it cannot be used on domestic targets without a warrant, that it has helped
to prevent acts of terrorism, and that it receives independent oversight from the federal government's executive,
judicial and legislative branches. On June 19, 2013, U.S. President Barack Obama, during a visit to Germany,
stated that the NSA's data gathering practices constitute "a circumscribed, narrow system directed at us being
able to protect our people.“
WHAT WE CAN DO
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Overcome by petitioning in numbers
Use media from a voice of numbers
If you go to a Grand Jury, show up in large
numbers
File actions at the top!
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SECTION 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such
inferior courts as the Congress may from time to time ordain and establish. The judges, both
of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at
stated times, receive for their services, a compensation, which shall not be diminished during
their continuance in office.
SECTION 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution,
the laws of the United States, and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all
cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall
be a party;--to controversies between two or more states;-- between a state and citizens of
another state;--between citizens of different states;--between citizens of the same state
claiming lands under grants of different states, and between a state, or the citizens thereof,
and foreign states, citizens or subjects.
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, both as to law and fact,
with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be
held in the state where the said crimes shall have been committed; but when not committed
within any state, the trial shall be at such place or places as the Congress may by law have
directed.
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1. This Rule applies only to an action invoking the Court's original jurisdiction under Article III of the
Constitution of the United States. See also 28 U. S. C. §1251 and U. S. Const., Amdt. 11. A petition for
an extraordinary writ in aid of the Court's appellate jurisdiction shall be filed as provided in Rule 20.
2. The form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed. In
other respects, those Rules and the Federal Rules of Evidence may be taken as guides.
3. The initial pleading shall be preceded by a motion for leave to file, and may be accompanied by a
brief in support of the motion. Forty copies of each document shall be filed, with proof of service.
Service shall be as required by Rule 29, except that when an adverse party is a State, service shall be
made on both the Governor and the Attorney General of that State.
4. The case will be placed on the docket when the motion for leave to file and the initial pleading are
filed with the Clerk. The Rule 38(a) docket fee shall be paid at that time.
5. No more than 60 days after receiving the motion for leave to file and the initial pleading, an adverse
party shall file 40 copies of any brief in opposition to the motion, with proof of service as required
by Rule 29. The Clerk will distribute the filed documents to the Court for its consideration upon
receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief is filed,
upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will
distribute the filed documents to the Court for its consideration no less than 10 days after the brief in
opposition is filed. A reply brief may be filed, but consideration of the case will not be deferred pending
its receipt. The Court thereafter may grant or deny the motion, set it for oral argument, direct that
additional documents be filed, or require that other proceedings be conducted.
6. A summons issued out of this Court shall be served on the defendant 60 days before the return day
specified therein. If the defendant does not respond by the return day, the plaintiff may proceed ex
parte.
7. Process against a State issued out of this Court shall be served on both the Governor and the
Attorney General of that State.
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1. Issuance by the Court of an extraordinary writ authorized by 28 U. S. C. §1651(a) is not a matter of right, but of discretion sparingly
exercised. To justify the granting of any such writ, the petition must show that the writ will be in aid of the Court's appellate jurisdiction,
that exceptional circumstances warrant the exercise of the Court's discretionary powers, and that adequate relief cannot be obtained in
any other form or from any other court.
2. A petition seeking a writ authorized by 28 U. S. C. §1651(a), §2241, or §2254(a) shall be prepared in all respects as required by Rules
33 and 34. The petition shall be captioned "In re [name of petitioner]" and shall follow, insofar as applicable, the form of a petition for a
writ of certiorari prescribed by Rule 14. All contentions in support of the petition shall be included in the petition. The case will be placed
on the docket when 40 copies of the petition are filed with the Clerk and the docket fee is paid, except that a petitioner proceeding in
forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a
person under Rule 12.2, together with a motion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to
each copy of the petition. The petition shall be served as required by Rule 29 (subject to subparagraph 4(b) of this Rule).
3. (a) A petition seeking a writ of prohibition, a writ of mandamus, or both in the alternative shall state the name and office or function of
every person against whom relief is sought and shall set out with particularity why the relief sought is not available in any other court. A
copy of the judgment with respect to which the writ is sought, including any related opinion, shall be appended to the petition together
with any other document essential to understanding the petition.
(b) The petition shall be served on every party to the proceeding with respect to which relief is sought. Within 30 days after the petition is
placed on the docket, a party shall file 40 copies of any brief or briefs in opposition thereto, which shall comply fully with Rule 15. If a
party named as a respondent does not wish to respond to the petition, that party may so advise the Clerk and all other parties by letter.
All persons served are deemed respondents for all purposes in the proceedings in this Court.
4. (a) A petition seeking a writ of habeas corpus shall comply with the requirements of 28 U. S. C. §§2241 and 2242, and in particular
with the provision in the last paragraph of §2242, which requires a statement of the "reasons for not making application to the district
court of the district in which the applicant is held." If the relief sought is from the judgment of a state court, the petition shall set out
specifically how and where the petitioner has exhausted available remedies in the state courts or otherwise comes within the provisions
of 28 U. S. C. §2254(b). To justify the granting of a writ of habeas corpus, the petitioner must show that exceptional circumstances
warrant the exercise of the Court's discretionary powers, and that adequate relief cannot be obtained in any other form or from any other
court. This writ is rarely granted.
(b) Habeas corpus proceedings are ex parte, unless the Court requires the respondent to show cause why the petition for a writ of habeas
corpus should not be granted. A response, if ordered, shall comply fully with Rule 15. Neither the denial of the petition, without more,
nor an order of transfer to a district court under the authority of 28 U. S. C. §2241(b), is an adjudication on the merits, and therefore
does not preclude further application to another court for the relief sought.
5. The Clerk will distribute the documents to the Court for its consideration when a brief in opposition under subparagraph 3(b) of this
Rule has been filed, when a response under subparagraph 4(b) has been ordered and filed, when the time to file has expired, or when the
right to file has been expressly waived.
6. If the Court orders the case set for argument, the Clerk will notify the parties whether additional briefs are required, when they shall be
filed, and, if the case involves a petition for a common-law writ of certiorari, that the parties shall prepare a joint appendix in accordance
with Rule 26.
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Join together many of the civil rights
organizations and create a strength
We will become popular and get the media to
pay attention
Establish true and swift due process
Establish “non-lawyer, legal system oversight”
Take back control by the citizens
The Next Step
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To
To
To
To
To
create
create
create
create
create
a litigation group
a recruiting group
a media group
an online news channel
a fundraising group
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What issues to raise
Create Official Structure
Decide who targets of litigation are
Decide realistic result being sought
File Original Action
At
US Supreme Court
Justice Commission
U.S. Justicewatch
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