Corrupt Government
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Title: Does justice just stop dead with a corrupt FBI and JustUs Dept?
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Published: Oct 26, 2016
Author: Hank Rearden
Post Date: 2016-10-26 13:04:37 by Hank Rearden
Keywords: None
Views: 4949
Comments: 33
For discussion, I'm hoping people with Federal legal knowledge or experience can chime in...... Since it's obvious the FBI and JustUs departments have been fully corrupted in service to the Odumbass regime, is there another way to bring the Clinton Crime Family and others to justice? Isn't it possible for a United States Attorney in one of Odumbass's 57 states to convene a grand jury and independently begin an investigation and possible indictments without permission from the very top in D.C.? I'm assuming that somewhere there still remains an officer of the court who retains a sense of justice and duty to the oath they've sworn who might consider such a prosecution no matter the harm to his/her career prospects, of course. They'd need some support from GOPussies suddenly growing balls, but I just want to know if there's a mechanism. Is it really possible that just two, or a handful of, corrupt individuals in Washington D.C. can thwart efforts to bring obvious criminals to justice, forever, and maybe even get elected to the presidency - with no recourse?
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Begin Trace Mode for Comment # 25.
#3. To: Hank Rearden (#0)
(Edited)
Such a saint can file something and be replaced before he can pursue it. And it's dead. Even with Attorneys General, the lieutenants do not get to overrule the general. Congress might remove an AG, but there isn't much probability of this.
Note that I'm asking about US Attorneys, not state or even federal Attorneys General. My understanding is that USAs have a lot of independence and latitude to pursue criminal cases, but I'm hoping to hear from those who know for sure. Ultimately, the decision to indict and try is the grand jury's to make, so I'm hoping it's possible for a USA to bring a case to one without interference. Not whether it's politically feasible, but legally possible for a USA who's brave enough to pursue a criminal prosecution. And yes, presidential pardons can squish anything, but they leave their own sort of legacy stains in their wake, as we saw with Gerald Ford. Odumbass is a pretty gigantic narcissist who might not want to risk that unless he's personally in the crosshairs of a prosecutor. My point is if the US Attorney General, like Toady Lynch, can legally kill any action by a USA seeking to bring a case and evidence to a federal grand jury, our country may very well be fvcked in the long run. We've seen the damage done on the first try the last few years - imagine what our nation will become once they get good at it, if there's nothing to stop them?
No, it is not possible. The government runs on a system of chains of command. The person at the top of the chain of command has ultimate accountability for everything that happens under his/her command, and therefore ultimate authority over it all. A superior can delegate authority, but not responsibility. What this means is that no, a US Attorney cannot "go rogue" and bring charges against a mandate from his/her superiors. He will be immediately stripped of his authority if he tries to do so and, no longer having that authority, will not be able to pursue the case. The Grand Jury, if convened, does not belong to him. And his replacement will simply move for dismissal. Now, I suppose it is possible that a federal judge might insist that proceedings continue, but that would be unprecedented, immediately appealed, and struck down. The checks and balances are political. If a President's administration is corrupt enough, the Congress can remove him through the impeachment process. But if 1/3 +1 Senators - 34 Senators - refuse to vote for removal from office, then there is no further recourse: the President sits and rules, in spite of being corrupt. That is, unless unconstitutional means are used. Yes, the US Attorney General can legally kill any action. Congress can bring a special prosecutor, but the power of that special prosecutor would be limited to what the courts were willing to enforce. Congress can impeach, but a rump of 34 in the Senate can stop it. The check after that is the ballot box, but if that too is corrupted, the final resort is the Second Amendment. But note well: resort was ALREADY MADE to the Second Amendment by half the country in the 1860s, and they got slaughtered. So, in the final analysis, if the government becomes completely corrupt, we are in essentially the same position as the black slaves were in 1790: outnumbered, outgunned, hopelessly outpowered. We will obey and be used for our entire lives, and have no hope whatever of ever gaining our freedom either through political persuasion or through force. Because of Supreme Court control, THIS election will be the last one that matters. If Hillary wins, it is over for good.
Resort was made to warfare by the North, not the South, and they prevailed. As for slaughter, the Union combat deaths exceeded the Confederate combat deaths by about 50%. The total Union casualties also exceeded the total Confederate casualties. For the first 2+ years, the Union army suffered repeated bloodbaths. https://en.wikipedia.org/wiki/United_States_military_casualties_of_war
As for slaughter, the Union combat deaths exceeded the Confederate combat deaths by about 50%. The total Union casualties also exceeded the total Confederate casualties. For the first 2+ years, the Union army suffered repeated bloodbaths. The North resorted to force - the force of governmental authority, like the police kicking down the door. The South decided that they, civilians, had the right to RESIST the government's resort to force, so they resorted to their 2nd Amendment defensive arms, against the armed assertion of authority by the government. The South fired the first shot at the "police", at Fort Sumter. This, then, caused the police to open fire and continuing firing until the South surrendered. There is no doubt that the Northern military casualties were much higher than the South's. In that era of warfare, with those weapons, as in World War I, the defender had the advantage. The South was defending, in its own territory, and the Union was commanded by boobs until 1863. After that, the death toll in the South rose and rose. Of course non-combattants in the South suffered greatly - from disease and starvation resulting from homelessness and the destruction of civil order. The Northern civilian population did not suffer this. And the bottom line is that the police won. There were heavy casualties, but after some initial scares, the outcome was decisive and final. Could the people today, picking up arms, overthrow the government? Almost certainly not. They could do a lot of damage, inflict a lot of casualties, and die in droves as the war machine turned on its power. The resort to the Second Amendment is a desperate measure. More importantly, the government is not intimidated by the thought. Public officials don't think it would really happen, but if it did, they're sure they would win. So am I. So, what we're left with is the need to win elections and keep control of the government. And to keep doing that with the Republican opposition to social welfare is not possible.
The South decided that they, civilians, had the right to RESIST the government's resort to force, so they resorted to their 2nd Amendment defensive arms, against the armed assertion of authority by the government. The South fired the first shot at the "police", at Fort Sumter. This, then, caused the police to open fire and continuing firing until the South surrendered. The first act of war, commencing the war, is firmly legally established as having been taken by the Union. It was Lincoln's declaration of a blockade which marks the start of the war. The precise dates, and the precise events, of the start and end of the civil war was addressed by the United States Supreme Court in the case of The Protector, 79 U.S. 700 (1870). A blockade is an international act of war. A domestic action would be a closing of the ports. A party cannot declare a blockade of itself. The Confederacy was thus lawfully recognized as a belligerent power, with all the rights that came with said status. Once the international act was taken, Britain, followed by most of Europe, declared neutrality. It is debatable that the first shot was at Fort Sumter as you allege. You do not consider the USS Supply official ship's log of 11 April 1861 which documented that at 9 p.m. the USS Brooklyn landed troops and marines to reinforce Fort Pickens. Official Records of the War of the Rebellion, Series I - Volume 4: Operations in the Gulf of Mexico, page 210. Abstract log of the U. S. ship Supply, January 9 to June 14, 1861, Commander Henry Walke, commanding. April 11. -- At 9 p. m. the Brooklyn got Underway and stood in toward the harbor, and during the night landed the troops and marines on board, to reenforce Fort Pickens. Shots are claimed to have taken place in Florida at Fort Barrancas in January 1861. http://www.militaryhistoryonline.com/civilwar/misc/barrancas.aspx by Walter Giersbach The firing on Fort Sumter in Charleston's harbor traditionally marks the opening salvos of the Rebellion. But before this assault on April 14, 1861, there was another battle—the first shots of the Civil War—hundreds of miles to the south in Florida. On Jan. 8, 1861, United States Army guards repelled a group of men intending to take Fort Barrancas in Pensacola Harbor. Historians say that this event could be considered the first shots fired on Union forces in the Civil War. [...] The Union army was the police? Federal marshals? The invasion was started under the authority to put down interference with tax collection by a civil disturbance. Under that authority, they officially went to assist the non-existent marshals of the non-existent Federal courts in the Confederate states. The judges had all resigned. The great problem was that there was no invasion under U.S. Const., Article 4, Section 4, and regarding domestic violence, the Federal government required application of the legislature, or the executive, of the State government. Recall W not sending troops into Louisiana until the State gave an invite. These were not like police executing a search or arrrest warrant. And so Lincoln's proclamation did not go out to States, it went out to combinations of individuals, ordering them to disperse from their civil disturbance. And then we had a war to collect the taxes. And, a peaceful secession does not really describe domestic violence. The law had to be tortured for this one. But Lincoln found a way. The Supreme Court was expanded to 10 justices, and Lincoln appointed half of them (Confederates had resigned from the Court). Owning half the Court outright, he was good to go. And then there was this, also on April 11, 1861: http://www.uscg.mil/history/articles/Civil_War_Strobridge.asp The U.S. Revenue Marine, Its Cutters, and Semper Paratus By Truman Strobridge "You must give us bigger guns than that, boys," shouted John McGowan of the U.S. Revenue Marine, as the U.S. Coast Guard was known, at the Confederate gunners, when their cannon ball fell short, ricocheted off the water, and bounded completely over his vessel, "or you'll never hurt us." As if in reply, a Secessionist battery on Morris Island fired a heavier gun. The seaman taking soundings felt the ball slam into the hull below him and frantically scurried for safety. McGowan called after him: "You're much safer where you were! Lightning never strikes twice in the same place!" McGowan was commanding a lumbering, unarmed side-wheel freighter manned by merchant seamen but carrying Federal soldiers and military supplies. This ship was far different from the swift, armed revenue cutters in which he had pursued slavers, smugglers, and pirates. Now, on January 9, 1861, as skipper of the Federal-chartered merchantman Star of the West, he was attempting to bring supplies and reinforcements to the besieged Union garrison at Fort Sumter in Charleston Harbor, South Carolina. He expected to use the same sort of trickery as those smugglers whose voyages he had sought to disrupt. Success depended upon secrecy, but this operation was one of the worst-kept secrets of the deepening national crisis. Ample warning and enthusiastic gun crews doomed the venture to failure. Star of the West approached Charleston Harbor at first light. McGowan hoped his vessel would pass for a coastal trader. As soon as the batteries opened fire, he hoisted a second large American flag but, as the ranking Army officer on board observed, "the one was no more respected than the other." The closer McGowan drew to Fort Sumter, the more rapid became the Confederate fire. Realizing the futility of continuing against the well-served shore batteries, McGowan reluctantly ordered his ship out of the harbor. McGowan's rebuff by rebel artillery was the first skirmish of the American Civil War. Just three months later, Abraham Lincoln, new to the presidency but determined to "hold, occupy and possess the property and places belonging to the Government," dispatched warships to relieve Fort Sumter. The angry South Carolinians reacted on April 12, 1861 with a cannon bombardment that forced the fort's surrender two days later and touched off the four-year long, fratricidal struggle. During this action, the U.S. Revenue Marine (USRM) steam cutter Harriet Lane, commanded by Captain John Faunce, USRM, along with the rest of the naval relief squadron, helplessly lay off the bar at the entrance to Charleston Harbor. Not long after her arrival there on April 11th, recalled the famous Civil War correspondent, G. S. Osbon, who had been aboard the cutter at the time: [...] It should be further noted that the Powhatan, the flagship of the mission to Fort Sumter, sailed under British colors and burned British coal. One might say that not only were they not police, they were unlawful combatants, engaged in acts of war, in violation of the law of war. There was no resort whatever to the Second Amendment of the United States by the people in the Confederacy.
As far as the Second Amendment and the Confederacy goes, look again. To what unit does the 2nd Am. refer? The militia, well-regulated. What fought the war? Not the "regular Confederate Army". There was none. Rather, the Confederate Army was formed of units by state. These were the state militias, marching with their arms, under military discipline, to war. Likewise, the regular US Army was quite small, mostly cavalry, mostly stationed out in forts looking at the Indians. Most of the fighting was done by the state militias of the Northern States, the First New York, etc. Cavalry was generally regular army, but infantry was not. These units were called forth by the states, well-regulated through state-appointed commanders. They were the well-regulated militia. This was the Army of the Second Amendment, on both sides. The Southern states called forth their militias, as envisioned by the Framers in the 2nd Am. It was a cheap way to keep a large army without making it a standing one. The South relied on its state militias to keep the invading Union out. It was the 2nd Am in action, on both sides. The Union was much stronger, so they won. The 2nd Amendment was front and center in that war.
No, you look again at how ridiculous that claim is, The Confederates did not invoke any part of the U.S. Constitution for anything. That was considered the constitution of a different nation. Not in the Confederate Constitution. There was no Second Amendment. The Confederates sure did not invoke any rights on the basis of the U.S. Constitution. Wrong. They actually had armies. Yes, they were organized by states. Each Confederate State was a sovereign state, stated explicitly so in their constitution as it had been in the Articles of Confederation. The Union armies were organized by state. Nope, in the Civil War, they were the armed forces, not the militia. When it started, Lincoln had about a 15,000 man standing army. Before it was over, about a million had been put into the army. They were recruiting people straight off the boat into the army, not some militia. They were drafted. The draft was ordered by the Federal government. It called out the national Forces. 12 Stat. 731. Whereas there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the government to suppress insurrection and rebellion, to guarantee to each State a republican form of government, and to preserve the public tranquillity; and whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government: Therefore— Be it enacted by the Senate and House of Representatives of the United Sates of America in Congress assembled, That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, betwen the ages of twenty and forty-five years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose. [...] Sec. 8. And be it further enacted, That in each of said districts there shall be a board of enrolment, to be composed of the provost marshal, as president, and two other persons, to be appointed by the President of the United States, one of whom shall be a licensed and practising physician and surgeon. [...] SEC. 17. And be it further enacted, That any person enrolled and drafted according to the provisions of this act who shall furnish an acceptable substitute, shall there upon receive from the board of enrolment a certificate of discharge from such draft, which shall exempt him from military duty during the time for which be was drafted; and such substitute shall be entitled to the same pay and allowances provided by law as if he bad been originally drafted into the service of the United States. The militia was every able-bodied white male between 18 and 45. Current law is more inclusive. http://law.justia.com/codes/us/2014/title-10/subtitle-a/part-i/chapter-13/sec.-311/ §311. Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. (Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85–861, §1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, §524(a), Nov. 30, 1993, 107 Stat. 1656.) The Militia Act of 1795 provided, The enrollment boards were appointed by the President of the United States, not by the Governors of each state. The was a reason Lincoln converted the militia members to the national armed forces. He could not hold them for more than three months as member of a militia. He had to get an all out war started when he did or he would have lost his militia. Section 17 of the original conscription law was how Lincoln's son avoided the draft. Lincoln obtained a substitute. (He went to a safe staff position at the end and had his ticket punched.) No, the draft came from the Federal government and the selectees were put into national forces, as explicited stated in the law. The 2nd Amendment contains no provision to call out anybody for anything. It was a restraint placed upon the Federal government, explicitly declaring that the people did not delegate any power to the Federal government over the right to keep and bear arms. The conscription act made a massive standing army. We still have one today. The 2nd Amendment did nothing in the Confederate states. It contained no provision for calling anyone to service in the Union States. The Militia Act of 1792, as amended or replaced, provided the authority to call out the militia. The 2nd Amendment gives no authority to do anything. It prohibits the Federal government from infringing the right of the people to keep and bear arms. Mainly, the Union won because the Confederacy eventually ran out of everything.
And that happened, mainly, because of the Union blockade, and the fact that the Southerners did not have an adequate industrial base to fight a war in the first place. To quote the fictional Rhett Butler, all they had was cotton, and slaves, and arrogance, and it cost hundreds of thousands of them their lives. Hotheaded, certain, violent, and wrong. They lost. And in losing, they set a precedent: you can emigrate individually, but the only way out of the union with LAND is to fight your way out, and that's pretty damned hard because the United States is a very powerful country. Immigrants played a key role in bringind down the South as well. Thanks to slavery, the bulk of immigration went to Northern cities. Many immigrants were Irish, and they did not have a great deal to do. But joining the Union Army gave them a position, a status and a salary. The South, by contrast, was and is the most English part of America, descended from old-line English immigration of the past. English and Scotch-Irish, in the backcountry. The immigrant flocked to the federal government and fought for their new country. The old native English and Scotch-Irish fought for their country also. But the former were better armed by the Union, and joined by swollen ranks of Germans and settled Irish, and French-Canadians, and Dutch, along with the old line English and Scotch-Irish of the North. Oh, and blacks. Substantial numbers of blacks marched in Union ranks. The Union had the advantage in everything, including the moral high ground. And, unsurprisingly, they won. You've made an interesting and entertaining set of legal arguments regarding the Southern position. But war is decided by guns, not law, and God is on the side of the bigger battalions.
#27. To: Vicomte13 (#25)
Actually, it would be more feasible now if a section of the armed forces with nukes goes with a seceding group. And they got drafted and couldn't afford a substitute. Immigrants contributed to the start of the war itself. Enough were taken in by the north to change the balalce of power in the congress. Just as hordes of immigrants entering California have turned it bright blue and are changing the political landscape in Texas. When they turn Texas into a liberal paradise, that will be a sight to behold. Whether aliens are citizens or not, they count in the census, so they can increase the representation of the state, county or district where they reside. If my time in Scotland taught me anything, it is that the people are Scots, and Scotch is a golden nectar of the gods given to the people. The Confederates had black soldiers as well. They are on the pension rolls of Confederate servicemen. And the last general fighting was Brig. Gen. Stand Watie. History would suggest he was the last to surrender. A look and the documented history demonstrates proof that he never surrendered. He was the only Indian on either side to achieve the rank of Brig. Gen. Yeah, my southron friends proved their legal point long ago. War is decided by power. God does not waste His time picking sides in wars and ball games. I am sure that when He looks down and see His children killing each other, He does not favor anyone He sees. Law can determine who started the mess in violation of law.
Top • Page Up • Full Thread • Page Down • Bottom/LatestI'm assuming that somewhere there still remains an officer of the court who retains a sense of justice and duty to the oath they've sworn who might consider such a prosecution no matter the harm to his/her career prospects, of course. They'd need some support from GOPussies suddenly growing balls, but I just want to know if there's a mechanism.
#4. To: nolu chan (#3)
(Edited)
#5. To: Hank Rearden (#4)
#6. To: Vicomte13, Hank Rearden (#5)
But note well: resort was ALREADY MADE to the Second Amendment by half the country in the 1860s, and they got slaughtered.
#8. To: nolu chan (#6)
Resort was made to warfare by the North, not the South, and they prevailed.
#12. To: Vicomte13 (#8)
The North resorted to force - the force of governmental authority, like the police kicking down the door.
The proclamation of intended blockade by the President may therefore be assumed as marking the first of these dates, and the proclamation that the war had closed as marking the second. But the war did not begin or close at the same time in all the states. There were two proclamations of intended blockade: the first of the 19th of April, 1861, embracing the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas; the second of the 27th of April, 1861, embracing the States of Virginia and North Carolina; and there were two proclamations declaring that the war had closed, one issued on the 2d of April, 1866, embracing the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Mississippi, Tennessee, Alabama, Louisiana, and Arkansas, and the other issued on the 20th of August, 1866, embracing the State of Texas.
USS SUPPLY SHIPS LOG - APRIL 11, 1861
210 OPERATIONS IN THE GULF OF MEXICO.
Barrancas: The First Shots Fired in the Rebellion
The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
The United States Coast Guard and the Civil War:
". . . an incident occurred, which I have never seen recorded, but which seems to me worthy of note. A vessel suddenly appeared through the mist from behind the Bar, a passenger steamer, which was made out to be the Nashville. She had no colors set, and as she approached the fleet she refused to show them. Captain Faunce ordered one of the guns manned, and as she came still nearer turned to the gunner. 'Stop her!' he said, and a shot went skipping across her bows. Immediately the United States ensign went to her gaff end, and she was allowed to proceed. The Harriet Lane had fired the first shotted gun from the Union side."
#19. To: nolu chan (#12)
#23. To: Vicomte13 (#19)
As far as the Second Amendment and the Confederacy goes, look again.
To what unit does the 2nd Am. refer? The militia, well-regulated.
What fought the war? Not the "regular Confederate Army". There was none. Rather, the Confederate Army was formed of units by state. These were the state militias, marching with their arms, under military discipline, to war.
Likewise, the regular US Army was quite small, mostly cavalry, mostly stationed out in forts looking at the Indians. Most of the fighting was done by the state militias of the Northern States, the First New York, etc. Cavalry was generally regular army, but infantry was not.
Chap. LXXV. — An Act for enrolling and calling out the national Forces, and for other Purposes.
10 U.S.C. § 311 (2014)
SEC. 4. That the militia employed in the service of the United States shall be subject to the same rules and articles of war as the troops of the United States: and that no officer, non-commissioned officer, or private, of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.
These units were called forth by the states, well-regulated through state-appointed commanders. They were the well-regulated militia. This was the Army of the Second Amendment, on both sides.
The Southern states called forth their militias, as envisioned by the Framers in the 2nd Am. It was a cheap way to keep a large army without making it a standing one.
The South relied on its state militias to keep the invading Union out. It was the 2nd Am in action, on both sides. The Union was much stronger, so they won.
#25. To: nolu chan (#23)
Mainly, the Union won because the Confederacy eventually ran out of everything.
Replies to Comment # 25. Hotheaded, certain, violent, and wrong. They lost. And in losing, they set a precedent: you can emigrate individually, but the only way out of the union with LAND is to fight your way out, and that's pretty damned hard because the United States is a very powerful country.
Immigrants played a key role in bringind down the South as well. Thanks to slavery, the bulk of immigration went to Northern cities. Many immigrants were Irish, and they did not have a great deal to do. But joining the Union Army gave them a position, a status and a salary.
Scotch-Irish
Substantial numbers of blacks marched in Union ranks.
You've made an interesting and entertaining set of legal arguments regarding the Southern position. But war is decided by guns, not law, and God is on the side of the bigger battalions.
End Trace Mode for Comment # 25.
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