LAW Excess of Jurisdiction
Note only Congress has the authority to enact law, any enactment of law by the Judiciary or the Executive office is in Excess of Jurisdiction: Article I, Section 1. “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
18 U.S.C. Section 1. “Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.” U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 .Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)
“Any judge or attorney who does not report such judges for treason as required by law may themselves be guilty of misprison of treason,” 18 U.S.C. Section 2382.
"Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]" (7 Witkin, Cal. Procedure, supra, Judgment, § 286, p. 828.).
Another federal statute permits any citizen to file a lawsuit in the federal courts to obtain a court order requiring a federal official to perform a mandatory duty and to halt unlawful acts. This statute is Title 28 U.S.C. § 1361. Title 28 U.S.C. § 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
This is one of the most important tools to fight corruption in government offices that is immunized by the mob mentality of the system. The federal crime reporting statute requires anyone knowing of a federal crime to promptly report it to a federal court (or other federal officer), and requires federal judges to receive that information and any evidence, as part of his administrative duties. (The judge has no immunity for misconduct related to this administrative requirement).
Title 18 U.S.C. § 2. Principals. (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.Note: The legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. Case law decisions: Rothenburg v. United States, 1918, 38 S.Ct. 18, 245 U.S. 480, 62 L.Ed. 414, and United States v. Giles, 1937, 57 S.Ct. 340, 300 U.S. 41, 81 L.Ed. 493.
Title 18 U.S.C. § 3. Accessory after the fact. Whoever, knowing that an offense against the United States had 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.
Title 18 U.S.C. § 4 (misprision of felony). Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both.
Title 42 U.S.C. § 1983. Every person who, under color or any statute, ordinance, regulation, custom or usage, of any State of Territory, subjects ... any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Title 42 U.S.C. § 1983. Every person who, under color or any statute, ordinance, regulation, custom or usage, of any State of Territory, subjects ... any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Title 42 U.S.C § 1985 Conspiracy to interfere with civil rights
(1) Preventing officer from performing duty. If two or more persons ...
conspire to prevent ... any person from accepting or holding any office,
trust, or place of confidence under the United States, or from
discharging any duties thereof; or to injure him in his person or
property on account of his lawful discharge of the duties of his office,
or while engaged in the lawful discharge thereof, or to injure his
property so as to molest, interrupt, hinder, or impede him in the
discharge of his official duties.
(2) Obstructing justice; intimidating party, witness, or juror. If two
or more persons in any State or Territory conspire to deter, by force,
intimidation, or threat, any party or witness in any court of the United
States from attending such court, or from testifying to any matter
pending therein, freely, fully, and truthfully, or to injure such party
or witness in his person or property on account of his having so
attended or testified, or to influence the verdict, presentment, or
indictment of any grand or petit juror in any such court, or to injure
such juror in his person or property on account of any verdict,
presentment, or indictment lawfully assented to by him, or of his being
or having been such juror; or if two or more persons conspire for the
purpose of impeding, hindering, obstructing, or defeating, in any
manner, the due course of justice in any State or Territory, with intent
to deny to any citizen the equal protection of the law, or to injure him
or his property for lawfully enforcing, or attempting to enforce, the
right of any person, or class of persons, to the equal protection of the
laws;
(3) Depriving persons of rights or privileges. If two or more persons in
any State or Territory conspire, or go in disguise on the highway or on
the premises of another, for the purpose of depriving, either directly
or indirectly, any person or class of persons of the equal protection of
the laws, or of equal privileges and immunities under the laws, or for
the purpose of preventing or hindering the constituted authorities of
any State or Territory from giving or securing to all persons within
such State or Territory the equal protection of the laws; ... or to
injure any citizen in person or property on account of such support or
advocacy; in any case of conspiracy set forth in this section, if one or
more persons engaged therein do, or cause to be done, any act in
furtherance of the object of such conspiracy, whereby another is injured
in his person or property, or deprived of having and exercising any
right or privilege of a citizen of the United States, the party so
injured or deprived may have an action for the recovery of damages,
occasioned by such injury or deprivation, against any one or more of the
conspirators.
Title 42 U.S.C. § 1985 pertains to a conspiracy to interfere with civil rights, (1) to prevent an officer from performing a duty; (2) obstructing justice; intimidating party, witness, or juror; (3) or depriving persons of rights or privileges.
Title 42 U.S.C. § 1986. Action for neglect to prevent conspiracy
Every person who, having knowledge that any of the wrongs conspired to
be done, and mentioned in the preceding section [42 USCS § 1985], are
about to be committed, and having power to prevent or aid in preventing
the commission of the same, neglects or refuses to do so, if such
wrongful act be committed, shall be liable to the party injured, or his
legal representatives, for all damages caused by such wrongful act,
which such person by reasonable diligence could have prevented; and such
damages may be recovered in an action on the case; and any number of
persons guilty of such wrongful neglect or refusal may be joined as
defendants in the action, and if the death of any party be caused by any
such wrongful act and neglect, the legal representatives of the deceased
shall have such action therefore, and may recover not exceeding five
thousand dollars damages therein, for the benefit of the widow of the
deceased, if there be one, and if there be no widow, then for the
benefit of the next of kin of the deceased. But no action under the
provisions of this section shall be sustained which is not commenced
within one year after the cause of action has accrued.
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) the Supreme Court addressed the availability of a cause of action directly under the Constitution in Bell v. Hood, 327 U.S. 678 (1946), in which damages were sought against Federal Bureau of Investigation agents for violation of fourth and fifth amendment rights. The Supreme Court held that "where the complaint, as here, is so drawn as to seek recovery directly under the Constitution or laws of the United States, the federal court must entertain the suit. Id. at 681-82. "Where federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to grant the necessary relief." Id. at 684."
Liberty For Life
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