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To: OneWingedShark

Sorry to post again. I am not defending this judge in any way, just correcting some legal notions. What makes this even more eggregious is that the person HAD due process by the fact that it was decided in court, however cockeyed the decision. So now it must be corrected (hopefully) in the upper court(s). Should even that fail, the legislature can then pass a special law to correct it - extremely rare so big fat chance of that occurring.


55 posted on 05/05/2012 9:03:19 AM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: SgtHooper
Sorry to post again. I am not defending this judge in any way, just correcting some legal notions. What makes this even more eggregious is that the person HAD due process by the fact that it was decided in court, however cockeyed the decision. So now it must be corrected (hopefully) in the upper court(s).

I would disagree about due process; here is text [apparently] from the Receiver Order.:
First, you are expressly prohibited from retaining any legal counsel. Should you retain any legal counsel, the Receiver may move the Court to find you in contempt of the Receiver Order.

The 2nd Amendment clearly states that in ALL criminal prosecutions the accused shall have the right to counsel; therefore, this prohibition is clearly in violation of the court's scope of authority, there by violating due process.

Furthermore, there is this portion of transcript[?] which is quite disturbing:
THE COURT: [...] So any failure to comply with that order is contempt, punishable by lots of dollars, punishable by possible jail, death.

So then, the judge is literally saying "I can declare you in contempt, and then order your death" despite the 5th Amendment saying that no person should be held to [answer for] a capital crime UNLESS on indictment or presentment of a grand jury. The judge has declared himself above the constitution, and above the grand jury, and therefore should be found in violation of US CODE, Title 18, Sec 242 (a felony), disbarred, and prosecuted.

This order is so egregious that it violates multiple portions of the Constitution on its mere face, and I'm sure that I (having no legal training) am missing even more violations thereof.

61 posted on 05/05/2012 1:34:40 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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