Chancler and Jeanne Wollman
Cries of outrage
resonate throughout the country as government officials, both elected
and hired, trample the rights of the citizen. The most common response
when discussing their lack of attention to our rights is “No!
They can’t do that!” Unfortunately they can and are. Public
officials are allowed to break the law through several legal avenues.
They can simply ignore the law, pervert the law for their own agenda
or make a law that perverts the law. It is the arrogance of unlawful
The most egregious
cases with perhaps the most potential for damage to the American way
of life are Pierson v Ray, Imbler v Pachtman and Briscoe v LaHue.
PIERSON v. RAY,
386 U.S. 547 (1967) establishes immunity for judges even when they are
acting maliciously and corruptly in order that they are “at liberty
to exercise their functions with independence and without fear of consequences.”
This is noted as per Scott v. Stansfield, L.R. 3 Ex 220, 223 (1868)
as quoted in Bradley v. Fisher, supra, 349, note, at 350.
Do you really think
judges are acting in the public’s best interest when stifling
or misconstruing the law? Or, if they are acting “maliciously
and corruptly”? What about the judge that comes to court unprepared
or dozes off during testimony? Do you think it is to the public’s
advantage to have a judge corrupted whether through intent, a basic
meanness of spirit, or laziness?
In IMBLER v. PACHTMAN,
424 U.S. 409 (1976) the Supreme Court held that a state prosecutor acting
within the scope of his prosecutorial duties was absolutely immune to
civil suit for damages even if the allegations of wrongdoing were true.
Does this doublespeak
mean that it is okay for the prosecutor to act illegally if he perceives
this to be within the scope of his prosecutorial duties? Prosecutors
pledge to obey the Constitutions of the United States and the state
and to faithfully and honestly perform the duties of the office. Yet,
the Supreme Court decrees that the prosecutor is immune to civil suit
even if the allegations of wrongdoing are true!
In BRISCOE v. LAHUE
ET AL it states that Title 42 U.S.C. 1983 (1976 ed., Supp.V) asserts
that a claim for damages cannot be made against a police officer for
giving perjured testimony at the defendant’s criminal trial.
In other words
when an officer of the law, under oath, gives perjured testimony which
results in a defendant being convicted, there are no sanctions, but
if Martha Stewart talks informally to an FBI agent she goes to jail.
What is wrong with this picture?
There is case after
case where the rights of the people are trampled while those in government
are elevated to the status of superior beings in direct violation of
our Constitution and the law. When the Laws of our nation are twisted
to allow perversions such as these, why are there no howls of outrage
or demands for change?
The first thing
is recognition of the problem. The word must be spread that some within
the government have contrived to seriously diminish the citizen’s
rights to equal protection under the law.
Too many laws now
fall under statutes, ordinances and codes which are dealt with administratively.
Even though the laws are to follow constitutional precepts, they do
not. In the interest of more money and control for the county or city
the public has been sold a bill of goods that costs them greatly in
time, money and loss of rights. Our commissioners, mayors, judges, officers
of the law and some public employees have opted for more restrictive
laws that diminish our rights in order to enhance their positions and
powers. They are empire building!
with court watch will quickly see that our courts are too often money
machines that oppress the innocent as quickly as the guilty. There are
instances where the system is far more lucrative for the attorneys than
their clients. The administrative courts—probate, social security,
forestry, IRS, etc.— often do not offer the full protection of
a judicial court and can ruin the lives of those appearing before them.
At every level
of government the citizen must ascertain whether each law does align
with Constitutional dictates. Question whether your public servants
are following the law. Read and know your Constitution. Many legislators
have copies for their constituents.
While you are at
your legislative office question your legislator and check his voting
record. Do not assume he is working for you. If he is not courteous
and willing to talk to you, remember that the next time you vote. Make
sure your public official follows through on the promises made while
campaigning. Remember that at every level of government you are the
boss and they are the employee! If you hold their feet to the fire…
It must be noted
that many, government employees are diligent and honest, doing the best
job they can. They deserve our highest accolades.
What must be rooted
out are those public servants who no longer believe in government by,
for and of the people. Americans are not serfs! Our rights must be closely
guarded and defended when necessary. The government should never be
allowed to break the law in order to enforce a law. All statutes or
case law dealing with immunity must be done away with and our legislative
branches of government are the ones that can accomplish this. It is
imperative that we re-gain control of our judiciary and justice system
and put an end to judges who create their own laws, lawyers who swindle
their clients and officials who act above the law. All public servants
must be accountable, not immune.
It is your efforts
that pay for this government. Are you getting your money’s worth?
Ask questions. Demand answers.