Tuesday, September 8, 2009

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Trial Lawyers Conservatives New Best Friends

Dateline Marshall’s Law Townhall - Original title “No Warranty With Used Boats” was changed to “Trial Lawyers Conservatives New Best Friends”. Explanation will follow.

Before continuing reading this writing exercise, it is suggested that reader reference Marshall’s Law Townhall “Press Release: Courts Worse than Activist Courts” Entry # 063 to review basic constitutional principles for this writing exercise.

Concerning recent Appeals Court ruling of Ashcroft’s personal liability for detaining practices after 911; consider the source and reach your own decision:

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABDULLAH AL-KIDD, ü No. 06-36059 Plaintiff-Appellee,
v. ý D.C. No. CV-05-00093-EJL
JOHN ASHCROFT, OPINION Defendant-Appellant. þ
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Argued April 8, 2008
Submitted May 18, 2009
Seattle, Washington
Filed September 4, 2009
Before: David R. Thompson, Carlos T. Bea, and
Milan D. Smith, Jr., Circuit Judges.
Opinion by Judge Milan D. Smith, Jr.
Partial Concurrence and Partial Dissent by Judge Bea
12265

America’s domestic criminal justice system and law enforcement harassing of CIA agents and eventually other intelligence agencies and agents for ideological based policy reasons; could by some legal scholars be interpreted as providing aid and comfort to international terrorists and other national foreign threats. Look for translation of this activity in Unites States Constitution.

America’s need for “Public Employee Civil Liability Legislation” is a concept conceived two decades before Marshall’s Law Townhall became a gleam in this author’s mind, and would be good theme for another writing exercise.

Refresher original intent Article 2 Section IV United States Constitution: Judgment in Cases of Impeachment shall not extend further than removal from office, and disqualification to hold and enjoy any Office of honor, trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.

Show me where intent of Constitution is to exclude those not re-elected, not re-appointed to office, or those who resign from office; or civil servants whose employment is terminated, are exempt from provision defined in Article Two Section IV.

The following message is not a warning and certainly not a threat. The following message is Constitutional guarantee or promise.

Marxist-fascist Liberal Democrats including Blue Dog Democrats, elected and appointed; all public bureaucrats; and political zombies who commit domestic war crimes during “America’s Domestic Cold War” that they started; are subject to after being voted out of office or not reappointed or dismissed from office can be indicted and tried for Treason, Bribery, High Crimes including civil rights violations or corruption, and or misdemeanors. Any ill-gotten assets will be subject to civil damage trials by citizen victims.

Two “deepest pockets” in America are those belonging to members of anti-conservative aristocrats ruling class. Second deep pockets belong to public sector unions and individual bureaucrat retirement plans. “Domestic war crimes”, there is a plaintiff’s issue that will bring angry jury tears that trial lawyers will race to see.

This author spent many years managing legal investigations in both defense and plaintiff high dollar civil suits. Consider this bit of truth from an old professional “hired gun”. Trial lawyers are hired guns who target civil justice with compensation; time for conservatives to give trail lawyers a new target. I suggest domestic war crimes committed by local, state, and federal governments controlled by Marxist-fascist liberal Democrat and their accomplices.

Furthermore, it did not matter which side I worked for, plaintiff or defense; results of professional impartial investigations will always be same be they good, bad, or inclusive. These civil suits will force public unions to purge their ranks of totally incompetent and habitual screw ups; or public unions will be brought into civil trials as parties subject to contributory negligence.

Without secure domestic civil society, there will be no place for American citizens to enjoy and benefit from constitutional rule. Intelligence agencies, staff, and employees, and contacts; along with all military forces will be exempt from any and all civil trials seeking civil damages.

Perhaps a good starting case to consider, do not have to wait to Speaker of House Pelosi; and Senator Majority Leader Reed are impeached, as chances are they could soon be voted out of office. Statute of limitations for public citizens’ negligence, crimes, and abuses against private citizens should be endless or at least ten years even after defendant no longer holds or is employed in public office.

Citizens who lost or were intimidated into losing financial assets in nationalizing General Motors due too unconstitutional suspension of contract law should consider seeking civil justice by “naming as many as possible” for damages from obvious domestic war crimes. Obama and his Administration can be named when he is voted out of office and his Administration officials leave their offices when Obama leaves. Do not forget Blue Dog Democrats or private sector individuals and organizations who contributed to Obama’s war crimes are liable for their contributory actions.

Technicality, may not be able to seek personal civil damages from politicians and public bureaucrats while in active service to America’s Constitutional Republic; let there be no doubt, Article Two Section IV provides justice for American citizens when elected officials and bureaucrats are no longer in office.

Your author hopes public unions fight keeping incompetent, corrupt, and abusive union members employed by public agencies; more career opportunities and money for hired guns. Most conservatives have to get past their naïve child like pilgrim attitude that only Marxist-fascist Liberal Democrats can use market place hired guns. Conservatives are acting like welfare beggars when they only support free lance professionals not fee lance professionals.

America is a great country when governments are managed and held accountable by constitutional law. Accountable now there is a word public servants should be re-introduced too.