J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                              December 27, 2006
______________________________________________________
The Inherent Right of ALL People to Alter or Reform Government.
The Right Upon Which All Other Rights Depend

J.A.I.L. is The People
Reforming Their Government
J.A.I.L. is not a "special interest" group,
nor is it a fourth branch of government.
The sooner the People realize and act on this truth,
the sooner this country can be freed from despotic rule.
By Barbie, National J.A.I.L.  victoryusa@jail4judges.org
 
J.A.I.L. is certainly meant to be out there, despite the fiasco that was supposed to be an election in South Dakota. What happened on November 7th in that state can't even be logically thought of as an election at all for Amendment E (the J.A.I.L. Amendment), since the voters were not even made aware of what precisely they were voting for. The State did not provide them with the wording of the Amendment, plus arguments pro and con, to read and study before making an intelligent vote.
 
All the voters had to go on was the so-called "explanation" by Attorney General Larry Long, which, as we have shown by evidence, was nothing more than an argument against Amendment E. See South Dakota 2006 Ballot Contaminated 
written two days before the election.  With this fraud being perpetrated on the South Dakota voters by their Attorney General, it doesn't matter what the vote count is if the measure "lost" the election. Whether Amendment E lost 89% to 11%, or 55% to 45%, or 100% to nothing, it "lost" by fraud, and therefore was not a legitimate election. Even if J.A.I.L. had "won" the election, nevertheless the fraud should not be tolerated by the People.
 
The South Dakota fiasco was a valuable learning experience for the People. It revealed the true character of the South Dakota government and its henchmen. That was quite a sad revelation, but one that was necessary to inform the public, through a real experience, just how dishonest and evil government is, if South Dakota is any 
example.
 
One of the many things we have learned is that the pack of guard-dogs leading the fight to protect the "Divine Right of Kings" for their masters, the judiciary, is the bar associations-- the organized lawyers nationwide. And one thing lawyers and judges do best, i.e., disregard the facts and substitute their own perverted version of any circumstance, was done throughout the Amendment E campaign. The scheme goes like this: Call a thing something else (a form of fraud), and then argue like hell against that something else in order to justify the desired conclusion (based on that fraud) --a conclusion that could not have been reached were it not for the fraud. (This practice is standard operating procedure for government defense counsel in collusion with the judge, particularly against a pro se plaintiff).
 
Applying this scheme to J.A.I.L. (Amendment E in South Dakota), it is primarily the bar associations, through public appearances and over the media, that proselytize the public into believing their line of propaganda which, among other spins, portrays J.A.I.L. as being a "special interest group" and a "fourth branch of government" which should not interfere with the "independence of the judiciary."  The bar associations, especially the top brass, elect to carry on this program because they are conceived by the public as being the "experts" in the field of law and government.
 
To make a good impression on their audience, they make a handsome appearance, well-groomed in their pin-striped suits and starched white collars with neat-appearing ties, cuff-links and shiny black shoes (the whole nine yards), wearing a bright and beautiful smile with twinkling eyes and shaking hands, etc., etc. The sad part of this is that the public, by and large, laps it all up like honey.
 
But I wonder how much longer the public will be fooled, in such large numbers, once they get "stung" by this beautiful-appearing illusion. The People of South Dakota certainly got stung by this fraudulent apparition! And if they don't "sting back," this creature will be flying all over the country, ready to sting more of the People in other states!
 
For instance, Jay Cook, President of the Georgia Bar Assn. said: (excerpts)
This election season, threats to judicial independence rippled through ballot boxes across America. But the voters spoke loud and clear: We do not want partisan and special-interest factions interfering with our impartial courts. ... In South Dakota, voters soundly defeated the "JAIL 4 Judges" initiative. Only 10 percent of voters backed the measure that would have stripped judicial immunity and established an unaccountable fourth branch of government to intimidate judges. ...According to news reports, these same special-interest groups.... See Twisted Lawyer Logic.
http://www.ajc.com/opinion/content/opinion/stories/2006/12/19/1220edcook.html
 
You can see how this pack of dogs, of which the Georgia Bar is just one example, gloats over the so-called "defeat" of J.A.I.L., giving the credit to the voters who "soundly defeated" the initiative, detailing that "only 10 percent of voters backed the measure." As stated before, the numbers don't matter as long as it took FRAUD to "defeat" the measure. But they never talk about the fraud, do they?  Cook says "the voters spoke loud and clear," but DID they?  --Loud and clear on what?  --the Attorney General's "explanation" of the measure? Hmmm...?? 
 
He further states that the initiative "would have stripped judicial immunity and established an unaccountable fourth branch of government to intimidate judges." Call J.A.I.L. a "fourth branch of government" and then attack that "branch of government" as interfering with the independence of another branch (the judiciary). First of all, another "branch of government" wouldn't intimidate judges, any more than the other two do. What judges ARE concerned about is that they know that J.A.I.L. isn't government at all, but it's the People of whom they are afraid! As long as they can keep the People hoodwinked and asleep, judges are "home free." But the climate is changing for them. They're getting hot around their black collars.
 
This subject was covered thoroughly in a JNJ 5/17/04 titled
href="../2004/2004-05-18.html">The People are NOT a Branch of Government  - One thing that is important to realize is that the People are NOT part of government whatsoever. As the Declaration of Independence points out, the People institute government to secure their unalienable rights. The People are "the governed" and government derives its just powers from the consent of the governed, i.e., the People.  The California Constitution states (italics are my comments): "All political power is inherent in the people. [not in any branch of government] Government is instituted [by the people] for their [the People's] protection, security, and benefit, and they [the People] have the right to alter or reform it [the government] when the public good may require." (Art.II, sec.1) That is the authority upon which J.A.I.L. is predicated-- the right of the People to alter or reform government. Other state constitutions have the same or similar provision, particularly the initiative states such as California. If the People were merely a branch of government, they wouldn't have that right. The People are separate from government-- indeed, superior to government. That is the truth of the relationship, no matter how it appears to be in practice. 
 
We also covered this in a JNJ dated 12/11/05, titled
J.A.I.L. is a means by which the People must perform their duty --an inherent right-- to alter and reform government, in this instance the judiciary, in such manner as they deem proper, in this instance by holding the judiciary accountable to the People for violations of law as specifically set forth in the J.A.I.L. amendment. Do the People have the right to do this in only some of the states? Absolutely not! The People have that inherent right in all states-- even the world, wherever nature exists. Remember-- no document grants that right to the People. ... Furthermore, the words of the DOI communicates the fact that whenever government breaches the responsibility for which it was created (instituted) by the People, the People, from whom government derives its just powers, have not just the right, but the DUTY, to repair that breach by altering or reforming their government in such a way that will insure the respect and protection of their inherent rights by its government. Bear in mind, the Declaration of Independence does not grant those rights-- they exist by nature, regardless of any document. The document merely assures us of the fact that independently exists. That assurance doesn't depend upon the authenticity of the document, nor of any document.
 
The Preamble of the South Dakota J.A.I.L. Amendment starts out with "We, the People of South Dakota..." and continues "...we hereby amend our Constitution by adding these provisions..." in compliance with Article VI 26 of the South Dakota Constitution which provides: "All political power is inherent in the People, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. ..."  How can "all free government" be founded on the authority of a "fourth branch of government"?  Does any branch of government have "rights"?  Does any branch of government have "all political power"? Does a "fourth branch of government" have the right to alter or reform another branch of government? Can Jay Cook, President of the Georgia Bar, or Tom Barnett, Secretary-Treasurer of the South Dakota Bar, or Mr. Riter, President of the S.D. Bar, answer those questions?  How can J.A.I.L. be a "fourth branch of government" when it is the People seeking to alter their government?
 
By calling J.A.I.L. something else (a fourth branch of government), these pack dogs protecting the judiciary, complain that a "fourth branch of government" is interfering with the "independence of the judicial branch."  Probably the most thorough coverage on this subject is found in Beware of The Phrase: "Independence of the Judiciary" JUDGES ARE NOT ABOVE THE LAW   dated 11/14/05: 
The People must beware of the phrase, which will be touted more and more frequently by our opponents, "Independence of the Judiciary" and its derivatives, such as "judicial independence," "independent judiciary," "judges should remain independent" and others. The word "independence," when connected to the judiciary in the current system, means arbitrary; and should raise a red flag of caution every time you hear it or read about it. It means the judiciary wants to be left alone and remain unaccountable to the People.  The term "independence" as it applies to the three branches of government is always to be viewed as a sword, and not as a shield; i.e., each branch is not dependent upon the other two for its actions. Example: the executive (prosecutor) may prosecute any member of the judiciary [executive sword]; the legislature may impeach any member of the judiciary [legislative sword]; the judiciary may hold any member of the executive or the legislature in contempt of court [judicial sword]. No branch of government has a shield of "independence" from the other two; and certainly has no independence from the People --including the judiciary. "Independence" as it applies to the People is inherent in the People; i.e., they don't need the permission of government, including the judiciary, to be independent. The independence of the People is manifest through juries-- grand and petit. The statement by Mr. Riter of the South Dakota Bar Association (SDBA), to wit:  if an effort like that [J.A.I.L.] was successful it would likely destroy the current independent nature of our judiciary is a misrepresentation, since there does not exist an "independent nature of [the] judiciary" as it relates to the People-- only as it relates to the other two branches of government. Mr. Riter interprets "independence of the judiciary" as if it were a shield, but "independence" is never a shield in any instance. The judiciary, contrary to the suggestion by Riter, was not established to operate inside a bubble.
 
1/24/06, excerpts:
Dear Michael, Your thought on the "independence of the judiciary" is very well taken and should be shared with our readers because one of the foremost arguments of our opposition is that J.A.I.L. will interfere with the "independence of the judiciary."  It is very important that the People understand what is being said. Therefore, your message and my reply is being sent as a JNJ for educational purposes. First, whenever you hear any accusation against J.A.I.L., they are accusing the People-- for J.A.I.L. is the People exercising their inherent right to amend what purports to be "government" inasmuch as their rights are being violated every day and the People are being forced to live under absolute despotism. The evils are no longer sufferable; therefore it is incumbent upon the People to "throw off such government" by holding the guardian of our rights, i.e., the purported judiciary, accountable to the People under constitutional safeguards. 
 
The New York Times published an article "Voting for Judicial Independence"
11/2/06 stating: Immunity is a time-honored way of preserving an independent judiciary. This radical measure would create a special grand jury with a rotating membership and loose rules — in effect, a fourth branch of government.
Mr. Branson responds: I am not against true "judicial independence." We need an independent judiciary that rises above politics and human emotions. But if "judicial independence" means independent of the Constitution which they have sworn to uphold, then mark me down as opposed judicial independence. A runaway "independent" judiciary that makes up and enforces its own laws as it goes, is certain to bring the entire judiciary into contempt and disrepute, causing the judiciary to have to publicly defend themselves at every stage while descending into their own quagmire and destruction. The truth is that JAIL4Judges is the best thing that could ever happen to the judiciary to protect it from its own demise. Only God Himself is immune from having to answer to any authority.
 
And retired Justice O'Connor stated on March 15, 2006, The nation's founders wrote repeatedly, she said, that without an independent judiciary to protect individual rights from the other branches of government those rights and privileges would amount to nothing. But, said O'Connor, as the founding fathers knew statutes and constitutions don't protect judicial independence, people do. [Our emphasis added - j4j]  See  "Constitutions Don't Protect Judicial Independence, People Do"  by Retired Justice Sandra Day O'Connor. (JNJ 3/15/06) Note: J.A.I.L. which is the People, will protect Judicial Independence, not threaten it.  -j4j 
 
We state on our website, near the end of the Home Page,
J.A.I.L. is the People, providing the means by which they can carry out their right and duty to restore the rightful station of government by holding the judiciary, as the intended guardian of their rights against arbitrary power, accountable to the People under constitutional law.
 
Finally, I close with the following excerpt from Lawyers and Judges in Collusion By Chief Justice John F. Molloy (Author Miranda Decision, AZ.)  JNJ 4/12/05:
Bureaucratic design - Today the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case. And we lawyers love it. All the tools are there to obscure and confound. The system's process of discovery and the exclusionary rule often work to keep vital information off-limits to jurors and make cases so convoluted and complex that only lawyers and judges understand them.
The net effect has been to increase our need for lawyers, create more work for them, clog the courts and ensure that most cases never go to trial and are, instead, plea-bargained and compromised. All the while the clock is ticking, and the monster is being fed. The sullying of American law has resulted in a fountain of money for law professionals while the common people, who are increasingly affected by lawyer-driven changes and an expensive, self-serving bureaucracy, are left confused and ill-served.
 
You are encouraged to read that entire JNJ by Chief Justice Molloy. It puts the bar associations and their spokesmen to shame!
 

 
J.A.I.L.- Judicial Accountability Initiative Law - href="../../index.html">www.jail4judges.org
Our South Dakota site: www.SD-JAIL4Judges.org
Contribute to J.A.I.L. at P.O. Box 207, N. Hollywood, CA 91603
See our active flash, http://www.jail4judges.org/Flash.htm
JAIL is a unique addition to our form of gov't. heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
E-Group sign on at http://groups.yahoo.com/group/jail4judges/join
Get involved at
JAIL_SALE_USA-subscribe@yahoogroups.com
To be added or removed, write to VictoryUSA@jail4judges.org

 
"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root." -- Henry David Thoreau

Return To JNJ 2006

Return To JNJ Library Index for All Years