“No legislative act, therefore, contrary to the Constitution, can be
valid.
To deny this
would be to
affirm that the
deputy is greater
than his principal;
that the servant
is above his
master; that the
representatives of the people are superior to the people themselves.”- Opinion by - John Jay, First chief justice US Supreme Court.
Communist
Federal Judge illegally Chains Innocent Defendants
By de Andréa
Opinion Editorialist for
‘THE
BOTTOM LINE’
Posted June 12, 2017
In the case of THE
UNITED STATES VS. Cliven Bundy et al, Communist Judge Gloria Navarro presiding, has
demanded the defendants all wear chains throughout their hearings and trials.
The simple question is, why? These men have not demonstrated violent
behavior, nor have they attempted to escape from the prison system and they
have been incarcerated for a year and a half without trial. Whatever happened to cruel and unusual
punishment, innocent until proven guilty, as well as a speedy trial as the
Constitution demands? My guess is that
it took 18 months to falsify enough evidence as Nevada State
Assemblywoman Michele Fiore claimed that the Federal government has done in order to shut these
Constitutionalists up and put these American patriots away in the federal
gulags for good. Does this remained you
of something? It should. “What are ya gonna do when they come fo
you???” My friend…
In a response to the order by Judge Navarro, attorney
for Pete Santilli, Chris
Rasmussen, cited the 9th Circuit Court of Appeals ruling in May 2017 to bolster
the claim that his client's rights are being violated, as are all the other
defendants in the case. What rights?
There are no rights in a judicial tyranny.
"Peter Santilli hereby asserts his
Fifth Amendment right to be present in Court without shackles,"
reads the motion.
"If the government seeks to shackle a
defendant, it must first justify the infringement of rights with specific
security needs as to that particular defendant. Courts must [then]
"decide whether the stated need for security outweighs the infringement on
a defendant's right."
The ruling adds, "All of these requirements apply
regardless of a jury's presence or whether it's pretrial, trial or sentencing
proceeding. Criminal defendants, like any other party appearing in court,
are entitled to enter the courtroom with their heads held high."
In other words, the 9th U.S. Circuit Court of Appeals
have said defendants have a right to be free of shackles and handcuffs in
the presence of jurors in part is to maintain the presumption of innocence until they
are proven to be guilty. Bringing these
men into the courtroom in chains biases the jury and poisons the mind of jurors
that these men are actually guilty before any testimony is even heard. But of course this is the whole strategy of
the Communist Judge Navarro who either has no knowledge of the Constitution or
just ignores it.
Note: that it
applies not only to trial, but pre-trial and sentencing. The ruling by the court was emphatic in its
rejection of routine shackling:
"We must take seriously how we treat individuals who
come into contact with our criminal justice system -- from how our police
interact with them on the street to how they appear in the courtroom. How the
justice system treats people in these public settings matters for the public's
perception, including that of the defendant. Practices like routine shackling
and 'perp walks' are inconsistent with our constitutional presumption that
people who have not been convicted of a crime are innocent until proven
otherwise."
"For better
or worse, the presumption of innocence rests in large part on appearances. And
the appearance of a defendant in court, shackled "like a bear on a
chain," can undermine that presumption. Therefore, the U.S. Ninth Circuit
Court of Appeals ruled that lower courts may no longer routinely shackle all
pretrial detainees in the courtroom, even if there is no jury present," writes Christopher Coble, Esq. at FindLaw.com.
Coble went on to write, "While many courts,
including in this case the Southern District of California, permitted blanket
shackling policies in the past, that rule has now changed. Going forward, 'if
the government seeks to shackle a defendant, it must first justify the
infringement with specific security needs as to that particular defendant.' In
doing so, courts are required to decide 'whether the stated need for security
outweighs the infringement on a defendant's right.'"
"Supreme Court bans the use of shackles
'unless that use is 'justified by an essential state interest' -- such as the
interest in courtroom security -- specific to the defendant on trial.'"
he added. "When considering a request for shackling, a court may 'take into
account the factors that courts have traditionally relied on in evaluating
potential security problems and the risk of escape at trial.'"
Already, defendants in the Bundy Ranch case have
had their right to a speedy trial violated. The prosecution has even stated that
they could be held up to five years before it would even be considered a
violation of their right to a speedy trial. Some
have been subjected by even the Democrat Party in Nevada to defamation of
character via mailings to hundreds of thousands of potential jurors. Yet,
nothing is done to stop this illegal barbaric madness. Is the presents of Sharia Law in America
already having an influence on some of the courts?
The government pretty much lost its case
except for two convictions in the first round of the Bundy Ranch trials. They are out to make an example of these
men to others who are willing to do what our founding fathers were willing to
do and stand and oppose a tyrannical government that thinks it can violate the
Constitution, the rights of the people, and illegally grab land whenever, wherever and however
it chooses to do so without the threat of opposition.
Thankfully, these innocent patriots realize the stakes
are high and they know the potential cost they face in making their stand.
However, it should be of great comfort that several of these men were acquitted of some of the same charges in
Oregon that they are now facing in Nevada, and Santilli had all of his charges dismissed
in Oregon.
“Either
we must all hang together, or separately we will be hanged”. Benjamin
Franklin declared this in the days leading up to the Declaration of
Independence.
THE BOTTOM LINE:
Let's see if the corrupt anti-American anti-Constitutional Communist Judge
Navarro - a woman who has absolutely no experience as a judge before being
advanced to a federal judge position by Communist Senator Harry Reid (D-NV) and
Muslim/Communist Barack Hussein Obama Soetoro Sobarkah or whatever his name is.
- will totally violate the law and deny the rights of these men and continue
down the totalitarian road she is traveling. There is no doubt in my mind
that Navarro is one of the judges that is
part of the Dark State and has gone rogue and needs to be impeached.
It is found in
Article 1 section 8 of the U.S. Constitution. Which reads “To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the acceptance of Congress, become the Seat of the Government of
the United States, [this refers to property in Washington DC] and to exercise like Authority over all Places purchased by the Consent of the Legislature
of the State in which the Same shall be, for the Erection of Forts, Magazines,
Arsenals, dock-Yards, and other needful Buildings.” [This refers to the rest of the
nation.] Later National parks were added to this
list of land that the Federal government can legally own with the consent of the state legislatures.
Note: The Federal
government has never requested nor received permission from the states to own
and control all the land indicated in red on the BLM map above. They just stole it…
This my friend has been a pure and simple violation of
the Constitution. Moreover it is an example of the tyranny that has existed in
America since shortly after the Constitution was ratified. The problem is, it was never challenged until
now. There is no statute of limitation for
violating Constitutional law.
If you are able and would like to help the Bundy Ranch
political prisoners in the federal despotic gulags win their case against the
tyranny of the central government or would like to write them, please click here. If
you would like to help support a house in Nevada that is caring for wives and
children of these men as they attend these kangaroo trials, please click here.
After reading this information if you are as outraged as
I am at the criminal activities of the Federal government, specifically the BLM
and the anti-American anti-Constitutional courts, contact your representative here and
tell them what you think.
Drain the Swamp Donald…
Thanks
for listening. Now go do the right thing and fight for truth and freedom.
-
de Andréa
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article to everyone on your email list.
It may be the only chance for your friends to hear the truth.
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