I'm posting one question and answer a day. Just a few more to go....
Please pass this along.
QUESTION # 9. What nation allows corrupt judges who have broken the law to simply try themselves?
THE WINNER?: THE UNITED STATES OF AMERICA!
FACTS: From the minutes of a House Judiciary Committee hearing, former White House Counsel, Attorney John Dean quoted that 'more than 1000 formal complaints were filed against federal judges nationwide [in one year}. The chief judges decided that not one of these cases required official discipline." In addition, "[i]n more that 450 cases, complainants appealed the dismissal of their complaint to the judicial council of an appellate court. These councils rejected every appeal.”’ (Thoughts on the Law Addressing Bad Federal Judges: Self-Policing Isn't Working, But Is There a Good Alternative? By JOHN W. DEAN, Friday, Aug. 13, 2004).
Judges in the United States granted themselves complete immunity for the crimes they commit against defendants through a string of decisions beginning with Pierson v. Ray in 1967, and are now only subjected to "peer review" even when they violate criminal statutes that involve their work. As this study found, peer review results in an almost 0% punishment for criminal acts by judges, while those same judges' courts find 98.7% of those who come before them, guilty. Interesting disparity between judging themselves and others, I find.
For those who question what I am saying about there being such a law that applies to judges and prosecutors, please look up 18 U.S.C. sections 241 & 242. Section 242 states: "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States...shall be fined or imprisoned...or both."
Section 241, deals with a conspiracy to deny our rights, which prosecutors and judges I've studied violate in almost every case. That's 15 years in prison on top of a year for each violation of Section 242, if anyone ever decides to enforce the law. We would have to build more prisons to lock up almost every judge and prosecutor in America, that's for sure.....or we could just let the 73% of their victims who were improperly prosecuted and convicted go free, and there would be plenty of room for them! (See Q & A #8, for statistics on how often judges and prosecutors get it wrong.....you'll be shocked).
"Whoever" as is stated in the laws cited above, was clearly intended to include judges and prosecutors. Their self-granted immunity puts them in direct violation of our Constitution (Amendment 14) as no one is supposed to be above the law in our nation.
Perhaps its time we brought prosecutors and judges back to Rule of Law and our Constitution. Our judiciary would quickly benefit. Congress must assure that these laws are followed by everyone, without exception, or we should find new members of Congress.
Back to Rule of Law. Back to our Constitution. Not ready for a Revolution quite yet, but it's darn sure time for a Devolution!
Viva la Devolution!
Howell W. Woltz, TEP
Author of The Way Back to America: a 10-step plan to restore the United States to constitutional government (Amazon.com)
Born in North Carolina and educated at the University of Virginia, Wake Forest University and Caledonian University in Scotland, Howell now lives in Warsaw, Poland with his wife, Dr. Magdalena Iwaniec-Woltz. Howell is the European Correspondent for The Richardson Post and Chairman of The International Centre for Justice.