VulturesSupreme Court Judges Committing Treason in Office under Color of
Law
Judgements are Null and Void and Unenforceable
DEMAND FOR FAITHFUL
PERFORMANCE OF JUDICIAL OATH OF OFFICE
“We the People” with
all due respect, remind the presiding Judicial Officer that he/she has given
his/her bond of fidelity called a Covenant (“…so help me
God.”) to “support the Constitution of the United States, and
the Constitution of the State of Oregon” and, further, to
“faithfully and impartially discharge (perform) the duties of a
Judge..”
Said Covenant/Oath, in the performance of said duties, is
paramount over all other bodies of “law” or “policy”
and paramount over all other Oaths, pledges and corporeal
Covenants.
“We the People”, with all due respect, hereby give
Judicial Notice of the People’s Demand that the presiding Judicial
Officers comport themselves in a manner that is fully consistent with, and
gives full force and effect to, the above-quoted Covenant/Oath.
The
Constitution declares that all political power is inherent in the People, and
that all powers not directly and specifically delegated to Public Servants
are reserved for and remain with the People. (Constitution for the United States of America,
10th Amendment)
Our Public Servants are accountable
to us.
It is time we hold them genuinely and strictly accountable for the
specific performance liability* of their Office, and cause the profits
resulting from governmental activity to be directly delivered to the People,
who are the compulsory stockholders of all government corporations which
operate as Offices of Public Trust. (*See your “Performance
Bond”.)
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CONSTITUTIONAL
CONSTRUCTIVE NOTICE:
(Holding Office in Insurrection or Rebellion against the
Constitution)
TO ALL REBELLIOUS JUDGES ENGAGED IN THE OBSTRUCTION OF
JUSTICE IN VIOLATION OF THEIR CONTRACTUAL OBLIGATIONS TO
“WE THE PEOPLE”, WHO EMPLOY JUDGES BY CONSENSUAL COMMERCIAL
CONTRACT
YOUR OATH OF OFFICE IS YOUR CONTRACT, AND WE DEMAND THAT YOU
OBEY OUR
CONSTITUTION!
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Here
are some marching orders:
Don’t ignore your Oath’s requirement to
be “impartial”.
Don’t fail to call for impeachment hearings
against Judges who have not taken Oregon’s required Oath.
Failure to
act puts you in violation of your Oath of Office by Misprision
of Felony.
Failure to act is obstruction of justice.
Failure to act
makes you a co-conspirator against the People of this Nation and
State.
Failure to act makes you fair game for a law suit or a military
courts martial. (18 USC 4)
Sir Edward Coke properly stated that
the authority of Legislatures is void and a legal nullity if it acts
beyond the boundaries of the Common Law.
This fundamental principle has
been grandfathered into our American and Oregon Constitutions.
If
legislators or others conspire to enforce a Jurisdiction over “We
the People” which is beyond the boundaries of the Constitution,
said conspirators may be tried, convicted, arrested and punished with
“whatever force is necessary”.
HOW TO TELL IF A JUDGE IS
BIASED:
Ask the Judge:
1. Did you take Oregon’s constitutionally
required Oath of Office?
2. Do you intend to process this case under the
original Oregon Constitution?
3. Judge, will you sign this contract
agreeing to uphold all of my rights?
4. Your Honor, I am not ready to proceed
until said contract is signed.
RIGHTS HAVE THEIR BASIS IN AND ARISE FROM
RESPONSIBLE BEHAVIOR!!
DO YOU WANT TO GO INTO A COURT WHERE YOU HAVE NO
RIGHTS?
These documents are not for vindictive reasons or for purposes of
vexatious litigation, but because every citizen has a civil duty to arrest
civil and criminal misbehavior with “reasonable diligence” [42
U.S.C. 1986; 18 U.S.C. 241, 242], and to petition the government for a
redress of grievances when the private agencies which that government
commissions become renegade or treasonous.
The purpose of this section
relating to trial judge’s disqualification because of personal bias or
prejudice is to secure for all litigants a fair and impartial trial before a
court/tribunal completely divested of any personal bias and it is the duty of
all courts to scrupulously adhere to such admonition and to guard against any
appearance of personal bias. Mitchell v. U.S., C.C.A.N.M.1942, 126 F.2d 550
certiorari denied 62 S.Ct. 1307, 316 U.S. 702, 86 L.Ed. 1771, rehearing
denied 65 S.Ct. 855, 324 U.S. 887, 89 L.Ed. 1436.
This policy
underlying this section is that the courts of the United States shall not
only be impartial in controversies submitted to them, but shall give
assurance that they are impartial. Whitaker v. McLean, 1941, 118 F.2d 596, 73
App.D.C. 259. (That assurance begins with the required oath to
be impartial).
All Power is inherent in the People, the true
Government, and in our elected representatives in Salem who work for us!
Inform them what they are supposed to do. Evil prevails when good people do
nothing.
Without an honest judicial system, Oregon can have no economic
Freedom, and your life, liberty and property can and will be taken.
We
demand equal justice for all, and no one is above the Law. The
judicial branch is in violation of the Oregon Constitution. STOP being
BULLIED and let’s work together to reclaim our Sovereignty. Remember,
the “HEALING OF OREGON STARTS WITH YOU”!
Write, call and
fax your Governor, Legislators, Representatives and demand that Judges take,
uphold and obey their required Oaths. Your Freedom DEPENDS UPON IT! REMEMBER
YOU ARE THE GOVERNMENT AND THEY WORK FOR YOU.
SUMMARY
From 1857 to
1910, Judges took an Oath to the original “said state”
of Oregon’s 1857-59 Constitution. The mischief with Oregon’s
Constitution was started by Frank W. Benson. He illegally and
unconstitutionally held two offices at the same time, (Governor, March 1,
1909 through June 17, 1910, and Secretary of State, from January 15, 1907, to
April 14, 1911) which is a violation of Article III, Distribution of Powers
and etc.
Then, in the year of 1910, the original Article VII of the
Constitution of Oregon State 1857 was supplanted through the unconstitutional
use of the Article IV “Initiative Petition” process and the
unconstitutional Article VII (amended) Measure 362-363, of the Oregon State
Constitution.
“We the People” are adversely affected by
changing the constitutional judicial system that We had established.
The purported adoption of Measure 362-363 was not valid; and it may not
properly be made a part of the original 1857 Oregon Constitution.
The
Secretary of State of the State of Oregon (who was also illegally
the Governor at the same time) did not have an abstract of votes on file for
the general election of November 8, 1910. It cannot be verified whether
Measure 362-363 was approved or disapproved by the voters in
1910.
Measure 362-363, of the November, 1910 general election, made
monumental revisions of Oregon constitutional provisions and
statutes.
Measure 362-363 purports to the amendment of Article VII
(original) of the Oregon State Constitution by first abolishing and
disbanding the entire Judicial Department of the state of Oregon that was
established by the Oregon State Constitution that was ratified by an Act of
Congress in 1859, and supplanting in its stead a Judicial Department of the
State of Oregon whose judicial power is centralized in one supreme court and
in such other courts created by law.
Measure 362-363 also purports
that the new supreme court can, in its own discretion, take original
jurisdiction, in mandamus, quo warranto and habeas corpus proceedings.
Under Article VII (original), this jurisdiction was exclusively vested in the
circuit courts and county courts, as the supreme court of 1859 only had
jurisdiction to revise the final decisions of the circuit courts. In
other words, this enabled the new Supreme Court to throw out whatever laws or judgments
it chose and substitute its own ideas, making law “from the
bench”.
Measure 362-363 also tampers with the Oregon State Petit
and Grand jury system and procedures, and purports to abolish the joint
Executive and Legislative constitutional authority to remove judges of the
Supreme Court and prosecuting attorneys, effectively setting them beyond any
restraint of their actions, no matter how outrageous.
The Oregon State
Constitution limits amendment through the initiative process to a single
subject and matters properly connected therewith per initiative measure.
Measure 362-363 encompasses more than one subject and matters properly
connected therewith.
Article XVII, Section 2 of the Oregon State
Constitution requires that any revision to the Oregon State Constitution must
be approved by a two-thirds vote of the legislature before it can be
submitted to the electors for their vote.
Measure 362-363 caused a
fundamental restructuring of one third, (1/3), of the government in Oregon
State and revises numerous statutory and constitutional provisions and is
therefore a revision to the Oregon State Constitution. Because it was not
submitted to the electors following a two-thirds vote of the legislature,
Measure 362-363 and Article VII (amended) are invalid.
Article IV,
Section 4 of the United States Constitution, the Guaranty Clause, guarantee
each state to have a republican form of government. Certain uses of the
initiative process violate the Guaranty Clause. The Guaranty Clause prohibits
the use of the initiative power to cause a fundamental restructuring of
government, i.e. a substantial departure from a separation of powers
structure.
Measure 362-363 fundamentally restructures the entire state
and local Judicial branch of government in Oregon State. It mandates
such a substantial departure from a separation of powers structure that
“We the People” are left at their State and local county level
with no constitutionally created Article VII (original) court in which
to commence or defend actions that have a direct and profound effect upon
“We the People’s” rights that are guaranteed and protected
by the Constitution of the United States, including but not limited to, their
5th Amendment right not to be deprived of life, liberty, or property without
due process of law.
In lieu thereof, “We the People” are left
at the State and local county levels to the mercy of the legislatively
supplanted Article VII (amended) judicial department through the
constitutionally questionable use of the Article IV initiative petition
process, which can not be substantiated by an official abstract of votes of
the electors of the Oregon State pertaining thereto, who as a legislatively
created entity pursuant to Article III, Section 1, the separation of powers
clause of the Constitution of Oregon State, cannot exercise the official
duties and functions of the Judicial Department ordained by the Constitution
of Oregon State 1859, especially when such duties and functions require a
constitutional judicial decision and/or interpretation on an act of the
legislative and/or executive, including the administrative departments of the
Oregon State government. Therefore Measure 362-363 violates the Guaranty Clause and is invalid.
Measure 362-363 violates Article IV, section 1 (2)
(d) of the Oregon State Constitution that was ratified by an Act of Congress
in 1859, and therefore is not valid.
Measure 362-363 is a
constitutional revision, and under Article XVII, section 2 of the Oregon
State Constitution of 1859 supra, not a constitutional amendment, and
therefore, was not validly enacted. Where there is no official recorded
abstract of votes to support and/or substantiate that the electors of Oregon
State enacted Measure 362-363, the supplanting of Article VII (original) with
the implementation of Article VII (amended) of the Oregon State Constitution
therefore is invalid.
Measure 362-363 violates Article IV, section 4 of
the United States Constitution, and therefore is invalid.
The
supplanted Article VII of the Oregon State Constitution vitiates the entire
Judicial Department of State government wherein “We the People”
are routinely deprived of their vested rights, liberty and property without
due process and equal protection of the law.
Now, “We the
People” have a problem when unconstitutional Judges are not taking
Oregon’s required Oath, Article VII, (original) Section 21, or
Oregon ’s Oath, Article VII (amended) Section 7 “this
state”. These Judges are committing treason against Oregon’s
Constitution.
OATH & AFFIRMATIONS
1. An oath is an
affirmation of truth of a statement, which renders one willfully asserting
untrue statements punishable for perjury.
2. An oath is a pledge, the
security of which is found in the character, integrity and the fidelity of
the declarer.
3. An oath is a solemn attestation of truth or
inviolability of what is said to one legally authorized to acknowledge
affiant’s signature and declaration.
4. An oath is, in itself,
an affirmation or declaration to tell the truth.
5. An oath is an
external pledge or asseveration made in verification of statements made, or
to be made, coupled with an appeal to a sacred or venerated object, in
evidence of the serious and reverent state of mind of the party, or with an
invocation to a Supreme Being to witness the words of the party, and to visit
him with punishment if they be false.
Milton Everett, Mitchek,
The Author is available with numerous certified documents as a witness regarding the above publication and more.
Milton Everett, Mitchek,
P.O. Box
138
Durkee, Oregon
97905
What Is A Judge’s Oath?
A Judges Oath/Oath of Office is a contract,
an agreement with the people and public policy.
An Oath is a statement
or assertion made under penalty of divine retribution for intentional
falsity.
An Oath of Office is fealty to a sovereign, the obligation of
public office and the ethical obligation of the Oath.
The ethical
obligations of learned professions are all assumed by their Oath/Oath of
Office that shall be taken word for word, comma for comma, exactly as
required in the Constitution.
One of the principal functions of the
Notary Public is administering the Oath/Oath of Office and the Oath is what
judges are insured and bonded to uphold.
Further, if the judge has
served in the U.S. military, then he/she has taken an Oath/Oath of Office
under Title 10 U.S.C. Section 502, where a he/she has subscribed to a
lifetime Oath, in pertinent part, as follows: “I__________, do solemnly
swear (or affirm) that I will support and defend the Constitution of
the United States against all enemies, foreign or domestic; that I will bear
true faith and allegiance to the same...” Nobody is ever released
from this oath, even upon discharge from military service.
VIOLATION OF
OATH OF OFFICE
1. By Judge failing to take the required Oath/Oath
of Office, the Oath of Office is fraud and the office is
vacant.
2. Moral consequences may not vary with the manner of
assuming the Oath but temporal consequences do turn upon whether the
administering officer was validly empowered and whether the proceeding was
properly authorized. In other words, whoever administers an oath of
office to a judge must have a valid oath of office himself, or the
judge’s oath is invalid.
3. Judges who have not taken the
required Oath/Oath of Office do not have the authority to validly administer
another Judges Oath/Oath of Office.
4. Although Politicians and
Judges have so cheapened the Oath/Oath of Office that it gives little
assurance against false testimony, the law nevertheless provides that false
testimony under Oath constitutes the crime of perjury.
5. The
failure for Judge to be impartial is a sufficient objection to his Oath of
Office Contract, on the grounds of public policy. Such a judge has a
direct tendency to induce fraud and malpractice upon the Rights of others, or
the violation or neglect of high public duties.
6. The
effects of a Judge who has not taken the required Oath/Oath of Office and who
acts for parties whose interests are conflicting, is to render all his
acts voidable, if not absolutely void.
7. If a Judge has not
taken the required Oath/Oath of Office, that rebel Judge is assumed to act
for his favored party and he is liable to the unfavored party for a breach of
duty, as he has no duty to represent one party (client) over another
party.
8. A rebel Judge must be held to assume all the consequences
in undertaking to act in such a capacity as Judge.
9. When a
Judge favors one party over the other, it is not necessary that there should
have been actual fraud in the procurement of those judgments, in order that
they might be set aside...the rule which forbids the same attorney from
representing both parties in adversary proceedings rests upon the broad
principle of public policy which precludes persons occupying these fiduciary
relations from representing conflicting interests that may tempt them to
disregard duty and lead to injury on one side or the other.
10. The law
will not permit its licensed attorneys to assume relations that will subject
them to this temptation, upon grounds of public policy, and it is for this
reason that an attorney will not be permitted to represent both sides in any
litigated matter.
11. A Judges duty is to be impartial and is
prohibited from acting for adverse interests.
12. A Court should be
consistent with its own dignity, and with its character and duty of
administering impartial justice.
13. Judges will be paid for their
services -- but not for disservice.
14. All Judges may only hold their
office during good behavior (lawful, patient, dignified,
courteous).
15. All Judges have a duty not to lie, cheat or
steal.
16. Everyone is entitled to equal justice and a fair trial
by an impartial Judge.
17. Therefore, any judge who does not
comply with his Oath to the Constitution of the State of Oregon wars against
that Constitution and engages in acts of violation of the Supreme Law of
Oregon, that judge is engaged in acts of treason. Having taken at least two
Oaths of Office, to support the Constitution of the United States and
the Constitution of the state of Oregon, any judge who has
acted in violation of the Constitution is engaged in an act or acts of
treason.
18. Did the Judge in your case use discretionary
power to make error of law, willful misconduct, perversity of will,
intentionally abusive, passion, prejudice, biased, moral delinquency in
violation of his Oath of Office?
19. Therefore, did the Judge
in your case violate one or more of the above? Yes___ No
_____
TRESPASSERS OF THE LAW
The Illinois Supreme Court has held that
“if the magistrate has not such jurisdiction, then he and those who
advise and act with him, or execute his process, are
trespassers” Von Kettler et.al. V. Johnson, 57 Ill. 109
(1870)
Under Federal law which is applicable to all states, the U.S.
Supreme Court stated that if a court is “without authority, its
judgments and orders are regarded as nullities. They are not voidable, but
simply void; and form no bar to a recovery sought, even prior to a reversal
in opposition to them. They constitute no justification; and all persons
concerned in executing such judgments or sentences, are considered, in law,
as trespassers”. Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340
(1878)
The Illinois Supreme Court held that if a court “could not
hear the matter upon the jurisdictional paper presented, its findings that it
had the power can add nothing to its authority,-it had no authority to make
that finding.” The People v. Brewer, 128 Ill. 472, 483 (1928). When
judges have no legal authority (jurisdiction) to hear or rule on certain
matters before them. They act without any jurisdiction.
When judges
act when they do not have jurisdiction to act, or they enforce a void order
(an order issued by a judge without jurisdiction), they become trespassers of
the law, and are engaged in treason (see below).
The Court in Yates v.
Village of Hoffman Estates. Illinois, 209 F. Supp. 757 (N.D. Ill. 1962) held
that “not every action by a judge is in exercise of his judicial
function...it is not a judicial function for a judge to commit an intentional
tort even though the tort occurs in the courthouse”.
When a judge
acts as a trespasser of the law, when a judge does not follow the law, the
judge loses subject-matter jurisdiction and the judges orders are void, of no
legal force or effect.
The U.S. Supreme Court, in Scheuer v. Rhodes, 416
U.S. 232, 94 S. Ct. 1683, 1687 (1974) stated that “when a state officer
acts under a state law in a manner violative of the Federal Constitution, he
comes into conflict with the superior authority of that Constitution, and he
is in that case stripped of his official or representative character and is
subjected in his person to the consequences of his individual conduct. The
State has no power to impart to him any immunity from responsibility to the
supreme authority of the United States”. [Emphasis supplied in
original]
By law, a judge is a state
officer.
NO JUDICIAL
IMMUNITY FOR CRIMINAL ACTS
Judges have given themselves judicial immunity
for their functions. Judges have no judicial immunity for criminal acts,
aiding, assisting, or conniving with others who perform a criminal act, or
for their administrative/ministerial duties.
When a judge has a duty
to act, he does not have discretion -- he is then not performing a judicial
act, he is performing a ministerial act.
Judicial immunity does not exist
for judges who engage in criminal activity for judges who connive with, aid
and abet the criminal activity of another judge, or to a judge for damages
sustained by a person who has been harmed by that judge’s connivance
with aiding and abetting another judge’s
criminal activity.
Judges who do not report the criminal activities of
other judges become principals in the criminal activity, 18 U.S.C. Section
1.
HIGH CRIMES AND MISDEMEANORS
Whereas, as required, in the Oregon
Constitution, the Supreme and Circuit Court Judges have not taken the
required Oath of Office. (See attached Exhibits A through
J-1)
Whereas, as required, there is no State constitutional remedy for
appeal to the Oregon Supreme Court. (See enclosed- Certification of
Judges Oath of Office of This State)
Whereas, as required, failure for
Judge to take, support and uphold the State of Oregon’s constitutional
Oath of Office of Judge constitutes the intentional crime of
perjury, fraud, error, Error Juris Nocet, committing acts of extortion, mail
fraud, wire fraud, RICO, willful misconduct in a judicial office where such
misconduct bears a demonstrable relationship to the effective performance of
judicial duties; and willful or persistent failure to perform judicial
duties; or generally incompetent performance of judicial duties and
other high crimes and misdemeanors.
Judges shall be impartial and held
accountable when judges are biased. Bracey v. Warden, U.S. Supreme Court No.
96-6133 (June 1997).
Therefore, if a judge does not fully comply with the
Constitution, then that judge’s orders are void. In re Sawer, 124 U.S.
200 (1888), he/she is without jurisdiction, and he/she has engaged in an act
or acts of
treason.
TREASON
Whenever a judge acts where he/she does not have jurisdiction to
act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449
U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia,
19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821).