QUESTION # 8. What nation has the worst known track record for unlawful mistakes in its public prosecutions?
THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: "A landmark Columbia Law School study of virtually every state and federal death-penalty appeal from 1973 to 1995 reported that 'courts found serious, reversible error in nearly 7 of every 10 of the thousands of capital sentences that were fully reviewed during that period.' There were so many mistakes, the study found, that after "state courts threw out 47% of death sentences due to serious flaws, a later federal review found 'serious error' -- error undermining the reliability of the outcome--in 40% of the remaining sentences.' Without federal habeas corpus, those serious errors would have gone unchecked." So what did Congress do once it realized that government was getting even death penalty prosecutions wrong 73% of the time back in 1996? They passed the Anti-Terrorism and Effective Death Penalty Act that same year outlawing our Constitutional right to challenge these errors! Rather than fix the corruption of our courts, they chose to keep us from proving their wrong-doing and mistakes. Our system of justice has been getting worse--far worse--ever since. The quote in paragraph One came from the New Yorker Magazine's June 21, 2015 article by Lincoln Caplan, "The Destruction of Defendant's Rights," discussing the decimation of our right to challenge illegal detention and unlawful prosecutions via our Constitutional right in Section 9 of Article 1 of habeas corpus. In 1996, just a year after it came clear that government almost always gets it wrong, President Bill Clinton and Congress took away our right to challenge court and prosecutor errors rather than fixing the broken system. With a 70%+ error rate in prosecutions where someone's life is at stake, how horribly rotten do you think non-capital cases handled by these same prosecutors and judges, especially now that our right to challenge a wrongful outcome has been all but taken away by Congress and the courts? If you aren't awake yet, then you deserve what is coming. We must force Congress to revoke A.E.D.P.A. and fully restore our unlimited right to challenge court and prosecutor injustices at every turn of the proceedings, or we are already a Police State in my opinion. Back to Rule of Law. Back to Constitution. We may need a Revolution after all, but let's start with a Devolution until next November. If we don't get our habeas corpus rights back by then, perhaps we need to change tunes. 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." available at Amazon.com T. 540-529-8998 [email protected] www.justicedenied.com
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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 www.howellwoltz.com Author of The Way Back to America: a 10-step plan to restore the United States to constitutional government (Amazon.com) T. 540.529.8998 [email protected] I'm posting one question and answer each day on this subject and hope you will pass it along. The public needs to know what is being done in its name.
QUESTION # 7. What nation's police force and prosecutorial regime is guilty of fabricating or lying about forensic evidence "in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period?" THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: On April 18, 2005, The Washington Post published this U.S. Department of Justice and FBI admission: "The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000." Evidence from a review of over 400 random criminal cases since 2006 indicates that the Offices of U.S. Attorney across the nation and the FBI are still knowingly using false evidence, knowingly false testimony (presented by both government agents and bribed witnesses who were paid with either money, time-cuts in sentences, or both) in almost every case I personally reviewed, so nothing has improved since 2000. Why do our elected representatives allow this to continue? Where are the hearings? When are these thousands of cases going to be overturned and these wrongfully convicted citizens released? When are lying agents and prosecutors going to take the place of their victims in jail? Neither the FBI or the Department of Justice can be found in our Constitution, nor was either ever contemplated by our Founding Fathers. As mentioned in a blog below, the FBI was illegally created by President Theodore Roosevelt in 1908 by an "executive order" (which also does not exist in the U.S. Constitution) after Congress deemed the idea unconstitutional, and the Department of Justice was created in 1870 by President Grant and Congress before the Confederate States returned to the Union as an Executive Department. This was done solely so that political prosecutions and persecutions could be managed by the Republican-led White House. There is no "justice" in our Department of Justice, as is now being proven and there never was intended to be any. It was and is a blunt political tool, which prosecutes the opposing party at a rate of 7:1. Bush did it, now Obama is doing it. I've got an idea...Since none of this unconstitutional activity seems to be working very well, why don't we go back to our Rule of Law....Our Constitution. We don't need a Revolution, we just need a Devolution back to what government is supposed to be doing rather than what it is doing. Howell W. Woltz Author: The Way Back to America: a 10-step plan to restore the United States to constitutional government [email protected] 540-529-8998 Just the facts. YOU decide.
I'm posting one question and answer each day, which I hope you will repost and share. 6. What nation kills/murders more of its citizens each year than any other? THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: Last year alone, law enforcement in the United States killed 92 times more citizens than did police in Communist China, (which has over 4 times the population of the U.S.). China has 1.4 billion people, compared with only 312 million in America, yet American police kill/murder citizens at a rate nearing 100:1 to Communist Chinese police. Between 2013 and 2014, German police killed absolutely no one, and police in Iceland have killed only one person in the nation's 71 year history. According to the Guardian Weekly, "In the first 24 days of 2015, police in the US fatally shot more people than did police in England and Wales, combined, over the past 24 years." Forget the executions in our prisons and death penalty cases, how about the executions on our streets? How can other nations, especially ones that our leaders accuse of human rights violations, be so much more circumspect in dealing with their citizens than our own? Again, we lead the world and it is not necessarily a good thing in this case. It's time to rethink police power and rein it in. We don't need a Revolution, we need a Devolution back to Rule of Law. We need to restore our Constitution for starts, and make our police organizations of service to the public rather than a threat to its safety and rights. Howell W. Woltz, TEP, Author "The Way Back to America: a 10-step plan to restore the United States to constitutional government." (Available on Amazon.com) 540-529-8998 [email protected] www.howellwoltz.com Just the facts. YOU DECIDE.
I'm posting one question and answer each day on this issue. Share this with everyone you know, please. America (and the world) need to know what is going on in "the land of the free." Question 5. What nation has the most police agencies? THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: According to the Economist Magazine, the United States has over 18,000 separate police agencies, with the authority to arrest and imprison us, which is more than any nation in the world today or in human history. As recently discussed in a previous blog, the United States Congress refused to authorize the establishment of the federal bureau of investigation (FBI) back in 1907, based on the fact that a federal police force was unconstitutional. Fast forward to today, a century later, and we have over 70 federal agencies (73 to be exact) that equip their agents with firearms for their interactions with the public. And it's not just the FBI anymore, it's the EPA, the Library of Congress, the National Oceanic and Atmospheric Administration, Bureau of Land Management, IRS, and even the Federal Reserve Board, and so on, all of which are referenced in the Federal Registry as "quasi-federal" agencies, because they are not found in the United States Constitution, and are therefore privately managed and generally fund themselves through fines and seizures. Worse, Congress has delegated its law-making authority to these quasi-federal agencies, so they can not only draw a weapon on us in the course of their duties, they can make up their own laws by which to arrest us without a single elected representative's approval or permission. These private entities have been granted federal authority, including the power to draw a gun and kill us, yet neither those agencies nor their powers can be found in the short list of authorized duties of government listed in Section 8 of Article 1 of our Constitution. If President Obama simply abdicated his responsibility as Executive to an unelected third party, there would be a revolution, so how did/does Congress get away with delegating its official purpose, which is passing our nation's laws, to unelected third parties? These "quasi-federal" agencies, as the Federal Registry lists them, have now created over 300,000 of our federal laws that carry prison as penalty, and not a single elected official ever voted for a one of them. In my opinion, 18,000 separate police agencies, enforcing a total of 314,000 laws is too much. Way too much. When one factors in that We the People never authorized these agencies to have power over us, we never elected a one of them, and we never empowered them to establish laws and carry guns to use against us, perhaps it is time that we consider removing all elected officials who have been part of this scheme....which is most of them. We must eliminate any law that was not specifically written and passed by our elected representatives. That means that any law or rule not voted on directly by our elected officials was void from inception, and should have no authority to be used against us, and if a national police force was unconstitutional 100 years ago, then it is unconstitutional today. That means these 73 agencies need to lay down their weapons and surrender their authority back to We the People, from whence it must come, because we never granted it to them or federal government. We need to go back to the Rule of Law and our amazing Constitution. If we lived by it, almost every problem we now face as a nation would simply go away with the passage of time. If you don't believe me, write your comments below challenging me to prove it, and I will. Better yet, buy a copy of "The Way Back to America: a 10-step plan to restore the United States to constitutional government" from Amazon, and you'll have a case-by-case study of what I'm talking about. Again, we don't need a Revolution, we just need a Devolution back to Rule of Law and our Constitution. Howell W. Woltz, TEP Author of "Justice Denied: the United States v. the People" and "The Way Back to America: a 10-step plan to restore the United States to constitutional government." www.justicedenied.com www.howellwoltz.com [email protected] 540-529-8998 Just the facts. YOU DECIDE.
I'm posting one question and answer each day on this issue. Share this with everyone you know, please. America (and the world) need to know about this. 4. What nation has given more of its citizens a "criminal" record than any other, and taken their rights as a result? THE WINNER?: THE UNITED STATES OF AMERICA! FACTS- According to the BNA Criminal Law Reporter, May 19th, 2010 issue (Vol. 87, No.7), “The U.S. Department of Justice estimates that 71 million people---approximately 25 percent of the American population---have a criminal record.” As Senator Jim Webb (now presidential candidate) wrote in 2010, "Either we are the most evil people on earth, or we are doing something very wrong." Think of this the next time you are in church, at a movie theater, a ballgame, or just driving down the highway. One of every four people you see has a "criminal" record and has lost his or her rights as American citizens, according to the Department of Justice. Whoa. Wait a minute.....here's my cup, put some Constitution in it! Weren't those rights guaranteed to be "inalienable?" So how did one-quarter of our nation get alienated if those rights are guaranteed to be "inalienable"? Did I miss something? If they were robbed of their right to vote, how can they be forced to pay taxes? Didn't we have a little war with England over that? You remember, "Taxation without representation?" The American Revolution? How can one quarter of America have their "inalienable" right to choose those who represent them stolen by all of these questionable laws and corrupt prosecutors, yet they are still forced to pay for this corruption at the point of a gun? (If you think I am overstating this, try not paying your taxes and see who shows up on your porch and what they have in their hand...I promise you, it's a gun). So what do we do? Do we revolt? How about a Revolution? No, wait another minute! We don't need a Revolution, because our Constitution is very clear. The only people who seem to be unable to understand it are our law makers, (overwhelmingly lawyers). Perhaps it's hard for them because the Constitution's main author, James Madison, was not a lawyer, and therefore wrote and spoke plainly so everyone could understand except those who over-complicate simply matters. So how about this....let's make them, the lawyers and law makers, go back to our easily understood Rule of Law...our U.S. Constitution. Even they can read and understand it if they're faced with getting booted out of office for continuing to ignore it. Let's remind our so-called leaders of whose country this really is. It belongs to We the People, not Them the Corporations, or Them the PACS, or even Them, the Money-Grubbing Politicians. It's ours and there is an election coming up in 2016, so let's listen closely this time around and if we don't hear them talking about returning to the Rule of Law, let's send them home--all of them. Mine, yours, and everyone else's. There are only 545 of them. That's all. There are 435 members of Congress, 100 Senators, 9 Supreme Court justices, and one President. If we vote 536 of them out of office, the other nine in the Supreme Court just might wake up and get the message that we've had enough. Are you in? There are 312,000,000 of US, so we have a slight edge over 545 of THEM. Back to Rule of Law. Back to our Constitution! Even a Supreme Court justice can smell a revolution....excuse me.....a devolution.....coming and start living by our Constitution for a change. Who knows, they may even read the thing and find out that the word "corporation" does not appear in the Constitution even once, so they therefore cannot be citizens or allowed to continue buying our elections. Yes, "Viva la Devolution!" Send the bums home if they don't restore our Constitution NOW and swear to live by it themselves. Howell W. Woltz, TEP Author: The Way Back to America: a 10-step plan to restore the United States to constitutional government. [email protected] 540-529-8998 www.justicedenied.com howellwoltz.com Just the facts, you decide. Please share this.
I'm posing one question each day. QUESTION # 3. What nation has the most prisoners of any on earth or in human history? THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: With only 5% of the world's population, the United States has 25% of the world's prisoners. No totalitarian regime or evil empire in human history has ever come close to the sordid results of America's prosecutorial regime and its over-criminalization of human behaviors. One in every 31 American adults is currently behind bars or on probation today as a result of too many laws, and too little justice. (As Cicero wrote 2,000 years ago, "The more laws, the less justice" and we are certainly proving him right). An American citizen is 32 times more likely to be in jail or prison than a citizen of Communist China. How does that make you feel? The "land of the free" is so far outside any statistical norms that there isn't even a close second. Yeah! We win again! Can you just imagine the horror that George Washington, Thomas Jefferson, James Madison--pick your favorite Founding Father--would feel, knowing that they had risked their lives and fortunes to create Gulag Amerika, and that all three branches of federal government would equally participate in the destruction of their heroic legacy? We have a Congres that made these 314,000 illegal ways to put us in prison. We have an Executive Branch that has willingly signed them all into law, outside of law. We have a Supreme Court that is reminiscent of the Three Monkeys, "See no evil, Speak no evil, Hear no evil," that allows these unconstitutional act to become and then remain law? What the Hell? OK....I'm getting emotional now and will stop. You decide, but these are the facts and they speak an undeniable truth....we are in trouble. But again, my friends, we don't need a Revolution, we just need a Devolution back to our own system of government rather than the one our leaders have forced upon us. We need to go back to the United States Constitution after a 100 year leave of absence from it and make them live by our contract. That's all the Constitution is, by the way. It is a deal between We the People, and those we elect. For a century, they have been in breach of our contract. So, let's get back to Rule of Law. Let's restore our Constitution and force our so-called leaders to either live by it or let's organize a Constitutional Convention and take our country back from them. We still have a little bit of time, so let's get busy. This nation is worth saving. Let's start the Devolution today! Howell W. Woltz, Author The Way Back to America: a 10-step plan to restore the United States to constitutional government. (Amazon.com) www.justicedenied.com www.howellwoltz.com [email protected] 540-529-8998 Just the facts. YOU DECIDE.
I'm posting one question and answer each day on this issue. Share this with everyone you know. QUESTION # 2. What nation has the highest rate of conviction in the world? THE WINNER IS: THE UNITED STATES OF AMERICA! The United States is also the clear winner of QUESTION #2. Of every 1,000 citizens who enter America's courts as defendants today, only 13 go free. A nation's rate of conviction is generally considered a good gauge of the fairness of its system of justice. The United States government's 98.7% conviction rate is a clear sign that the process has become nothing more than a conviction machine for all who are trapped within the system, with the exception of the very wealthy who can afford to fight against the stacked deck of a government prosecution. How much does it cost to fight a criminal charge? Government on the one hand has any amount of money it chooses to spend, and is armed with the blunt tools of secret grand juries (where the truth is rarely told), the power to seize its victims assets so they have no money to fight or go to trial, and the prosecutor can grant immunity to witnesses who agree to support government's case by giving testimony against you. This testimony is quite rarely true, and I have witnessed cases where government makes its witnesses say the exact opposite of what is already on record, and they get away with it. So how about the few who are wealthy and/or powerful enough a) to mount a defense against such a powerful bully, and 2) keep the bully from stealing their assets up front to prevent them from defending themselves? From seven years of working on federal criminal cases, I can tell you that the answer is shocking. Take the recent case of Raj Rajaratnam, who was charged with insider trading. He spent over $40 million in legal fees during his trial, and that does not even include the appeal. Goldman Sachs board member, Rajat Gupta, spent over $30 million so far, and the bills are still coming in. Bill Ruehle, CFO of BroadCom, successfully defended himself against a federal onslaught where government falsely claimed he had backdated stock options, but it cost him, "tens of millions of dollars," according to Forbes Magazine. (The High Cost of Mounting a White- Collar Criminal Defense, May 30, 2015) So what about us mere mortals when we are chosen as government's victim of the day? How much would it cost us to even try and fight against a false charge? An estimate by Duke University Law student, Sarah Ribstein, who studied several criminal cases, estimates that a trial of one week will cost the defendant approximately $1,000,000.00. Quotes from two criminal defense firms with whom I worked closely for defending a provably innocent victim of government attack were $1.3-1.5 million, so she's probably close. That is why the United States has the highest rate of citizens pleading guilty, and the highest rate of conviction of any nation on earth. Only the extremely wealthy can afford to fight the biggest bully on the planet, so they plead guilty in hopes that their family might survive the attack financially. This is wrong, and needs to change. Government must be held to the same standards as its victims, and when they break the law or make false charges, someone on their side needs to go to jail instead of getting a raise (as is the case today) and their victim needs to be compensated. We don't need a Revolution, my friends, we simply need a Devolution. Yes. That's right. A Devolution back to our rule of law. A return to our Constitution, but this time, let's get it right and make sure that everyone of every color, creed and social status enjoys the fruits of liberty. That should include the 25% of the nation who have been deprived of their constitutional rights by this incredibly corrupt system which has created 314,000 ways to deprive us of those freedoms and protections, and given prosecutors the blunt tools by which to always win against us, no matter how ridiculous the charge. A 98.7% conviction rate should be an alarm that justice and fairness no longer exist in our courts. Every American citizen should have the right to vote, the right to defend, and the rights enumerated in our Constitution, without exception, whether they've been accused/convicted of a crime or not. They're still U.S. citizens, still required to pay taxes, and must still have a say-so in how the country is run. Back to Rule of Law and our ultimate Law of the Land, the United States Constitution. VIVA LA DEVOLUCION! Howell W. Woltz, Author Justice Denied: the United States v. the People, and The Way Back to America: a 10-step plan to restore the United States to constitutional government www.justicedenied.com www.howellwoltz.com [email protected] 540-529-8998 Just the facts. YOU DECIDE.
I'm posting one question and answer each day on this issue. Share this with everyone you know. QUESTION # 1. What nation has more laws with prison as penalty than any on earth or in human history?: THE WINNER?: THE UNITED STATES OF AMERICA! FACTS: The United States Congress has invented 314,000 ways to send American citizens to prison. One should keep in mind that the U.S. Constitution only allows the federal government to punish three things: 1) Piracy; 2) Counterfeiting; and 3) Treason; so 314,000 is quite a stretch. All other "punishments", by law, are withheld as powers of the States or the People, which is my point. Our federal government is acting way outside of the authority granted it by We the People,(and this 314,000 ways to go to prison does not even include the criminal statues of our 50 states). No other nation in world history has ever come close to outlawing so many normal human behaviors as the "Land of the Free". We might need to change our moniker from "Land of the Free" to "Incarceration Nation." There is already a not-so-funny joke going around about my home state of North Carolina, which once billed itself as "The Variety Vacationland." That was on our car license plates when I was a kid. NC's new moniker is, "Come to NC on vacation, and leave on Probation." I wish that really were a joke. Back in 2007, due to the illegal incarceration of Norwegian citizen, Kjell Bjerke, the government of Norway advised it's citizens when they applied for a visa to America, to not to even pass through North Carolina, due to the corruption of our judiciary at both State and Federal levels, so this really is not funny anymore, and unfortunately, the corruption has become nationwide. It's not just North Carolina anymore. The United States is the clear winner of QUESTION #1. No dictator, alive or dead, can possibly sneak up on us to win this category, as we are thousands of percent ahead of any repressive regime in history. Isn't it great that we're still number ONE at something? We've dropped from #1 to #43 in freedom (Freedom House Index) but we're now number ONE in ways to put decent people behind bars. Wait a minute! Could these two items possibly be related? But we don't need a revolution, quite yet....the system of governance outlined in our United States Constitution is still the most brilliant ever designed for a free people. The fact that the leaders of the United States government chose not to share the privileges of freedom with our poor, our wives and mothers, our black citizens, or our native American hosts for most of our nation's history was the problem. It was certainly not the system itself, but rather the arbitrarily imposed restrictions of its application. Today, the rights and privileges guaranteed us as a free people have been robbed in equal measure from all Americans, except two groups: 1) the very rich who have our politicians' ears; and 2) those politicians whom that elite crew has put in power to govern us. Both have exempted themselves from the laws, rules, healthcare, and mandates, by which the rest of us have to live. We don't need a Revolution, my friends, we simply need a Devolution. Yes. That's right. A Devolution back to our rule of law. A return to our Constitution, but this time, let's get it right and make sure that everyone of every color, creed and social status enjoys the fruits of liberty. That should include the 25% of the nation who have been deprived of their constitutional rights by an incredibly corrupt system which created 314,000 ways to deprive us of those freedoms and protections. Every American citizen should have the right to vote, the right to defend, and the rights enumerated in our Constitution, without exception. Back to Rule of Law and our ultimate Law of the Land, the United States Constitution. VIVA LA DEVOLUCION! Howell W. Woltz, Author Justice Denied: the United States v. the People, and The Way Back to America: a 10-step plan to restore the United States to constitutional government www.justicedenied.com www.howellwoltz.com [email protected] 540-529-8998 This shocking report in The Washington Post sent chills down my spine:
"The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000." I've known all of this for many years and experienced it personally long after the year 2000, so these words weren't what gave me chills but rather the fact that this was all finally being exposed by The Washington Post. So how does the FBI -- this rogue agency -- continue in operation after this and other recent admissions of criminal conduct under color of law? Where are the hearings by the Judiciary Committee and the massive overturns of convictions illegally garnered by this tainted evidence and the even more tainted prosecutors who knowingly used it? You might be surprised, and when one learns a little history of this outfit, it comes clear.... In 1907, then-U.S. Attorney General Charles Bonaparte (grandson of Napoleon Bonaparte) was caught using private agents to spy on public officials and targets of the Theodore Roosevelt Administration. Congress chastised the Administration for these acts. Undeterred, President Roosevelt demanded that Congress set up a "federal bureau of investigation," which it refused to do, pointing out to the president that a national police force was unconstitutional. It was unconstitutional in 1907, and it still is today, so how did the FBI come to life outside of law? The answer? "Illegally." In 1908, President Roosevelt created the bureau anyway, using another unconstitutional device known as an "executive order," which is quite common today, but like a national police force, there is no constitutional authorization for it. The Executive Branch cannot legislate from the White House, nor does any clause in Article II (Presidential Powers) allow such a thing as creating an agency without Congressional approval or specific constitutional authorization. Within weeks of the FBI's creation, agents from this rogue outfit were caught going through South Carolina Senator Benjamin "Pitchfork" Tillman's mail, and they've been breaking the law for the Chief Executive ever since. Tillman was an opponent of the Roosevelt Administration and was targeted for political reasons. Allowing such unrestrained power to be controlled by the nation's chief politician was a very poor (and illegal) idea in 1908, and it is a horrible one in 2015 after seeing what it has become. A century later, the current administration has been targeting conservative groups at the rate of roughly seven (7) Republicans to every one (1) Democrat according to recent Congressional hearings. If you think I'm picking on President Obama, I'm not; I'm picking on an unconstitutional agency, illegally acting under the control of a politician in the Executive Branch. For the record, President Obama's immediate predecessors, President George Bush's FBI and Department of Justice, targeted and prosecuted Democrats at the same rate (7:1), so its not the players I'm hating, it's their game. The FBI is a blunt political tool, which has finally admitted what I saw while working on hundreds of criminal cases over a seven year period between 2006 and 2013. Evidence is fabricated or falsified to match the desired outcome of a prosecutor's theory rather than the facts, in almost every case. The FBI agents are simply told what the U.S. Attorney wants proven (U.S. Attorneys are also political appointees of the President) and the FBI then does whatever it has to do to match or fabricate the evidence to suit what the prosecutor wants. This is criminal conduct on the part of not only the FBI, but the 93 Offices of U.S. Attorney all over America, and it must stop. There is no salvation for such incredibly lawless groups, especially ones which are responsible for wrongfully putting millions of Americans in jails and prisons for a century. How can any court in America now trust evidence from the FBI or charges from a politically appointed U.S. Attorney who knowingly uses this agency to pervert justice in our federal courts to serve his or her master in The White House? The FBI simply needs to be disbanded. As Congress pointed out in 1907, a federal police force is unconstitutional. It was then and it is now. As for the Department of Justice, which has also been created outside of our Constitution and somehow come under control of the nation's chief politician, it should either be disbanded or moved to the control of the Judicial Branch to prevent further abuse as a political tool. We did quite well without it for much of our nation's history. If kept, The Department of Justice could be used solely to investigate criminals in government.... which may actually be a constitutional purpose for it.....and no doubt a much needed one. This has all gone way too far, and it is time to get back to rule of law in this land. Yes. That's an idea. Back to Rule of Law. Back to the United States Constitution. We don't need a Revolution, we need a Devolution. Vive la Devolution! Howell W. Woltz, TEP Author of: Justice Denied: the United States v. the People, and The Way Back to America: a 10-step plan to restore the United States to constitutional government. Contact Howell at [email protected] for speaking engagements |
AuthorBorn 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. Archives
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