(Thanks, C. :)
Reader Charles Miller writes:
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Dear Hobie,
Please Publish as a Public Service intended to open dialogues about solutions available by direct application of the law.
President Trump is both the hammer and anvil as the Chief Law Enforcement Officer of the federal government.
The courts are supposed to protect the defendants under the hammer by providing the law to them.
DOMESTIC TERRORIST AND CONSPIRACY
Every supporter of ANTIFA and associates thereto, Rioters, are now Felons.
This is real simple stuff. The law is either the law or not!
Even more simple is the law enforcement community as a whole across the country, from top to bottom, has a positive, honor bound duty and paid for obligation to enforce the legitimate laws on the books protecting the People and our property from terroristic acts. No excuses for failure to do so are acceptable.
The fact is when law enforcement fails through negligence or acts through intent to NOT execute the Civil Rights and Domestic Terrorist statutes they become co-conspirators with law breakers. Allowing crimes to be committed and then committed again and again, when there is a positive duty to prevent crime and wrong doing, particularly by known perpetrators, ratifies completely the co-conspirator charges.
The fact is when MSN, TWITTER, FACE BOOK et al, mayors Congress critters, entertainment faces, support Terrorist they are committing major felonies. What’s worse is the know it and don’t care because some one has told them they are a special class of the protected.
NOW, see the facts and law laid out in real simple terms that no one is willing to discuss .
The People and our President support good honest cops because they are good people and do the right thing most of the time like the rest of us real Americans.
When each one of us gets to be perfect and then we may judge others imperfections!
Our law, the People’s law, in particular the Bill of Rights, the Peoples First Law, and the Civil Rights statutes enforcing our Civil Rights to life, liberty, property and happiness, do not recognize race, or gender.
In this country there is only one color, the color of equal standing before and in the law.
All the race and gender posers, on either side, divide themselves from real Americans, by their own choice to separate from the the Peoples neutral colors of Red, White and Blue.
Our law, the People’s law, in particular the Bill of Rights, the Peoples First Law, and the Civil Rights statutes enforcing our Civil Rights to life, liberty, property and happiness, applies to terrorists and supporters of terrorists.
Supporters of Terrorists, no matter by word, act, deed, money, or failure to act when required by law and employment contract, join themselves as intentional Co-Conspirators with the Terrorists.
Governments do not pay law enforcement to not in force the laws, nor do honest governments allow its employees to steal by deceit, craft or trickery, or at least by means that are dishonest.
It is dishonest to take the pay check and not do the job.
Why do we as Americans allow dishonest people to work fo us, steal from us and then get preferential treatment from their friends at work?
We as a People, as a nation made up of individual States United have agreed that “domestic terrorists” are defined by: 18 U.S. Code § 2331.
(5) the term “domestic terrorism” means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States; and....
We as a People and nation made up of individual States United have agreed that: “co-conspiracy” is a crime defined at 18 U.S. Code § 3. Accessory after the fact:
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
We as a People and nation made up of individual States United have agreed that:
A Civil Rights Crime is defined at 18 U.S. Code § 241. Conspiracy against rights:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
We as a People and nation made up of individual States United have agreed that:
A Civil Rights Crime is defined at 18 U.S. Code § 242. Deprivation of rights under color of law: 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, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Every American is DEPRIVED OF THE LAW WHEN THE LAW IS NOT ENFORCED ACROSS THE BOARD EQUALLY.
We as a People and nation made up of individual States United have agreed that: FELONY means as defined at 18 U.S. Code § 3156. Definitions:
(2) the term “offense” means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;
(3) the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;
(4) the term “crime of violence” means—
(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;
(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or....
The elements of Conspiracy and co-conspiracy are defined by the U.S. Courts in a very clear manner. 6.18.371K Conspiracy – Acts And Statements Of Co-Conspirators
Evidence has been admitted in this case that certain persons, who are alleged
to be co-conspirators of (name), did or said certain things. The acts or statements of any member of a conspiracy are treated as the acts or statements of all the members of the conspiracy, if these acts or statements were performed or spoken during the existence of the conspiracy and to further the objectives of the conspiracy.
Therefore, you may consider as evidence against (name) any acts done or statements made by any members of the conspiracy, during the existence of and to further the objectives of the conspiracy. You may consider these acts and statements even if they were done and made in (name)’s absence and without (his) (her) knowledge. As with all the evidence presented in this case, it is for you to decide whether you believe this evidence and how much weight to give it.
Link to https://www.ca3.uscourts.gov/sites/ca3/files/Chap%206%20Conspiracy%20Instructions%20May%202013Rev.pdf
From the Congressional Research Service, a pretty good authority on what the law is supposed to be.
The United States Code contains dozens of criminal conspiracy statutes.
One, 18 U.S.C. 371, outlaws conspiracy to commit any other federal crime. The others outlaw conspiracy to commit some specific form of misconduct, ranging from civil rights violations to drug trafficking. Conspiracy is a separate offense under most of these statutes, Federal Conspiracy Law: A Brief Overview regardless of whether the The various conspiracy statutes, however, differ in several other respects. Section 371 an a few others require at least one conspirator to take some overt act requirement.
Section 371 has two prongs. One outlaws conspiracy to commit a federal offense; a second, conspiracy to defraud the United States. Section 371 conspiracy to commit a federal crime requires that the underlying misconduct be a federal crime. Section 371 conspiracy to defraud the United States and a few others have no such prerequisite. Many have no such explicit overt act requirement. Section 371 conspiracies are punishable by imprisonment for not more than five years. Elsewhere, conspirators often face more severe penalties.
Congressional Research Service link to whole identification and background. https://fas.org/sgp/crs/misc/R41223.pdf
The United States Attorneys Manual, 923. Conspiracy to defraud the Government is very clear and easy to understand. Also a pretty god authority and source for what the law is supposed to be.
Although this language is very broad, cases rely heavily on the definition of "defraud" provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined "defraud" as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches "any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government." Tanner v. United States, 483 U.S. 107, 128 (1987); see Dennis v. United States, 384 U.S. 855 (1966). The "defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute." United States v. Tuohey, 867 F.2d 534, 537 (9th Cir. 1989).
The word "defraud" in Section 371 not only reaches financial or property loss through use of a scheme or artifice to defraud but also is designed and intended to protect the integrity of the United States and its agencies, programs and policies. United States v. Burgin, 621 F.2d 1352, 1356 (5th Cir.), cert. denied, 449 U.S. 1015 (1980); see United States v. Herron, 825 F.2d 50, 57-58 (5th Cir.); United States v. Winkle, 587 F.2d 705, 708 (5th Cir. 1979), cert. denied, 444 U.S. 827 (1979). Thus, proof that the United States has been defrauded under this statute does not require any showing of monetary or proprietary loss. United States v. Conover, 772 F.2d 765 (11th Cir. 1985), aff'd, sub. nom. Tanner v. United States, 483 U.S. 107 (1987); United States v. Del Toro, 513 F.2d 656 (2d Cir.), cert. denied, 423 U.S. 826 (1975); United States v. Jacobs, 475 F.2d 270 (2d Cir.), cert. denied, 414 U.S. 821 (1973).
Is this complicated?
Are the co-conspirators and enablers of Riots and the sick people that support them, fully identified by their own words and actions as felons?
So, Yo, law enforcement, why are you not telling these conspirators to cease and desist? Then give them notice and opportunity to show cause why not and advise them of the penalties for their felonies. By the way that’s called Due Process!
Please will some qualified Attorney show me and the People where I got this wrong!
Won’t that be a day to remember.
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