Ron,

This is a very rough draft – so rough that even the intent and intended audience is apt to be redefined.  A hierarchy of goals with milestones (Funding, how to get to it, how to use it ) should simplify the process.

 

I think your thoughts can clarify what edits need to occur.      Thanks, Russell 

 

 

God Save Our Courts from a Custom of VA18.2-481(5) Felony

The Constitutional Crisis of VA Courts

By Russell Patton Davis , Virginia 757-651-2234 June 25, 2009

 

Responding to:  “How to Save Our Courts” by US Justice Sandra Day O'Connor

 http://www.parade.com/articles/editions/2008/edition_02-24-2008/Courts_O_Connor

 

Our constitution already has it right.

 

The legislative authority of the sovereign people is delegated to their agents in the legislature that makes the laws.

 

The judicial authority of the sovereign people is delegated to their agents in the judiciary whose duty is to administer the duly authorized laws. 

 

The legislative authority and the judicial authority shall be separate - Neither can knowingly and willingly usurp the authority belonging to the other without perpetrating VA18.2-481(5) and/or VA18.2-111 felony with consequent US Mail/Wire Fraud. 

 

Please note: “VA§ 18.2-481. Treason defined; how proved and punished. ““Treason shall consist only in: “ . . . “ (5) Resisting the execution of the laws under color of its authority.  “. . .”

 

Meaning that:

·         Any conceit by judicial or quasi judicial authority to preempt or make moot the duly executed legislative authority is an exercise of usurped authority.  

·         And such a usurpation “resists the execution of the laws” and

·         does so  “under the color of its (the law’s) authority” 

·         were that “color” is provided by the vestment of an office being an agency of the sovereign people’s authority

·         were that usurpation is a Virginia § 18.2-481(5) felony and committable in personal capacity only because no agent of the sovereign people is authorized to commit statutory treason.  

 

When that felony of statutory treason is committed by a judge or quasi judicial officer:

· the knowingly and willingly committed nature of that felony can be exposed for witness by the application of the Virginia Freedom of Information Act (VFOIA) and

· use of the VFOIA can cast the burden of proof upon the perpetrator Judge or quasi judicial officer even when a civilly initiated felony prosecution on the perpetrator person of the judge is had in federal court under 42USC1988(a) or US Mail Fraud. 

 

Of course, that assumes that the federal judge does not also exceed the bounds of his authority and perpetrate Virginia statutory treason.

 

These judicial felonies have already occurred in Virginia upon the initiation of Federal Case No. 2:06CV665.  My complaint came to the Federal Court under complaint against the US Mail fraud committed by a Chesapeake zoning administrator and the criminal combination and compounding of felony by the zoning administrator’s judicial chain of supervision.

 

As the matter progressed, the custom of VA18.2-481(5) felony in the Judges of Chesapeake, VA and in the Virginia Supreme Court was exposed for the complaint and remedy that is my duty according to 18US4 and VA18.2-482.  

 

My complaint, a civilly initiated felony prosecution on US Mail Fraud raised under 42USC 1988(a) was unlawful dismissed (without prejudice) by a Federal Judge, saying that “It is a local matter.” 

 

Retaliatory felonies contrary to 18USC 1513(e)”Retaliating against a witness, victim” continued and escalated. 

 

Upon the return of Federal Case Number 2:06CV665 to  Chesapeake Circuit Court as CL08-123, the defendant Justices, Judges and their subordinates then brought a false felony charge against me on VA18.2-153 obstruction of a rail road imperiling life in regard to side track purchased from the Belt Line, where I  performed that side track's maintenance under a 1952 contract and under the authority of VA§ 56-16, and VA§ 56-22, and where that side track had not been used in some twenty years excepting by my tenants! 

 

Then three judges subordinate to defendants in my complaint against US and Virginia felony openly committed VA18.2-481(5) felony in court before witnesses.  The Code of Virginia  § vscr-6:3-3  “ . . .”(1) A judge shall disqualify himself “ . ..”in a proceeding in which the judge's impartiality might reasonably be questioned,“ . . .”  required the presiding judges to act according to their disability and loss of jurisdiction.  I also demanded a pro tempore judge as the only lawful replacement. The Judges refused to act as the Law of Virginia requires.  In accord with the Virginia Freedom of Information Act I asked the judges to show me the public record of duly authorized law that gives them the authority to resist the execution of  § vscr-6:3-3(1) without committing a VA18.2-481(5) felony.  The judges refused to answer my public record request in one of the five ways obligated by statute.  Now the Judges were witnessed in open court to have “resisted the execution of the laws under the color of its authority”.  Upon witness to that felony the subordinate Magistrates refused to issue arrest warrants on the Judges so that their felony would come, as VA law requires, to a Grand Jury.  Justice required that the judges felony come to the grand jury at the same time as the retaliatory 18USC1513(e) felony false charge made against me. 

I then moved the Judge for witness access to the grand jury that it might perform its function under VA19.2-191”(2) To investigate and report on any condition that involves or tends to promote criminal activity, either in the community or by any governmental authority, agency or official thereof.” but the openly felonious judge resisted the execution of that law also, offering instead a Commonwealth Attorney who in turn perpetrated VA18.2-481(5) by refusing to accept that VA18.2-481(5), VA18.2-111 was the law of Virginia and stating that the reputation of some persons is more significant than our statutes and constitution. 

The felonies perpetrated by Chesapeake officials were also compounded in that the Sherriff of Chesapeake combined as accessory-before-the-fact principle in the grand larceny of some $160,000 worth of my railroad track siding, and further combined in perpetration of 18USC1513(e) federal felony.

 

In case CL08-123, CR08-804 and CL09-376 the Code of Virginia requires a Pro Tempore judge be raised from the independent condition such as a tenured law professor, and having agreement stipulated into his oath where the Jury must rule upon all the points of fact and law not already established by the admissions of the parties. 

 

Where the legislature has not seen fit to legislate a solution to clarify doubtful bounds to the law other than the provisions of  the Code of Virginia’s Declaratory Judgment Statutes, § 8.01—184 and § 8.01—191 a jury has authority to rule on matters when a judge could not unless the judge was willing to perpetrate judicial legislation in VA18.2-481(5) felony.  The Constitution and the Code of Virginia enables the sovereign people to act directly to resolve the matter as the need arises.  A jury of citizens, elected by lot, represents the whole of the sovereign people and may lawfully exercise authority to resolve matters that the judiciary alone cannot attempt without perpetrating the VA18.2-481(5) usurpation of judicial legislation.   

 

Sometimes no other non-VA18.2-481(5) path to resolution is available to complete the completely define the bounds to our right defined under the duly authorized law of the sovereign. 

 

If the legislature is sufficiently dissatisfied with the bounds of the law so declared by the jury the legislature may duly authorize a superior description of that bound.  Alternatively, the Legislature may chose to sanctify that tested bound and declare it to be officially published in the Code of Virginia.

 

Defendant judges in Chesapeake, disqualified to rule by the Code and Constitution of Virginia, acted to destroy me by setting up my trial so that all the law and the facts presented to the jury will be whatever the defendant judges say they are, therefore due summary judgment so as to pre-empt jury trial completely.  The assigned Judge’s felonious acts to do so are evidenced in the court record.   Moreover, I could get no lawyer to sincerely defend me because all lawyers are under the judge’s supervision in court and it will destroy their career if they offend the Judges by relying upon the Constitution and the Statutes rather than the status of preferred men.  I was not even allowed a statutory right bill-of-particulars to know how it is I could be so charged. Moreover what ‘defense counsel’ that presented themselves acted only on behalf of the prosecuting attorney, not on my behalf, and further threatened me with involuntary mental commitment with drug treatment so I would never get a trial and never be competent to seek one again.  In this the fraudulent ‘defense counsel’ perpetrated felony attempt to 18USC4 and VA18.2-482 misprision for the benefit of the felonious judges and justices.

 

My complain against the judges and justices is required of me by my explicit duty under 18USC4, VA18.2-482 and also required by what lawful defense of my property and rights I must make in order to prevent my family from being ruined and to prevent long standing creditor-friends of my family from being wrongfully dispossessed.

  

Because those defendant judges go so far into knowingly and willingly committed  VA18.2-481(5) felony that they will wrongly imprison me, committing further 18USC 1513(e) felony against me, they will also go so far as to arrange my murder or inflict brain damage while detained where the evidence can be controlled. This is because so long as I am jailed or felony compounded the statute of limitations will not grant them an escape from the civilly initiated felony prosecution that is lawfully raised again in CL09-376 counter and cross claim.   Also, there is no statute of limitations on felony criminal prosecutions.  And things to change with the passage of time – Commonwealth Attorneys and Governors change.  Eventually, a grand jury will take an interest in judicial felonies.  The sword of that Judgment will be over those felons until either judgment discharges them or no witness to that felony remains.

 

Regardless of the great momentum that the defendant judges have in their customary felony, the defendant judges must take that next step towards righteous obedience of their Sovereign.  There is power greater and more enduring than that possessed by the defendant judges and justices.   

 

The dire outcome due that momentum is not yet inevitable provided either that:

A)    The judges embrace a “Well-Formed Settlement and Accord”  ( as proposed in the hyperlinked Answer to CL09-376), or

B)    a fit, timely battle at-law is raised addressing the judge's custom of VA§ 18.2-481(5) felony (as is also proposed in Answer to CL09-376). 

 

CL09-376 presents the people of Virginia with a rare opportunity. 

 

Just look how your judges behave - your judges live in fear – they do not know the boldness and dignity had in being nothing but the obedient little finger of a higher power – your judges are alienated from the power and wisdom of their sovereign people. 

 

Make the Judges live within the rule of our law and their alienated condition will vanish.  So will ours.  For our own benefit, we can and should save them, no matter how they have wronged us.

 

Consider this carefully. Every economic dysfunction and every social dysfunction has ALIENATION as the condition of root cause.  That root cause can be readily minimized.

 

The Rule of Law and the Perpetual Discovery of Righteousness

As much as every person has their own appetites guiding their perceptions, every person’s perception of righteousness is incomplete and flawed.

 

That condition remains no matter how diligently we strive to make a graven image of righteousness so that we can own it.

 

Even so, God appears to have written the greater law in our hearts – so that when taken as a democratic whole we, the people, have been able to make huge advances towards righteousness in a relatively short period of time in spite of each individual’s apparently limited ability to know righteousness.  This progress appears inevitable as the rule of the People’s Law upon themselves replaces the subjugation of men by other men. 

 

Perhaps righteousness can gracefully own us even though we cannot pretend own righteousness short of fraud.

 

Living within the Law

 

Even though my Creator’s hand is still at work upon me, I am unable to make my Creator justify himself to me.  I gather that most of my questions are so ill formed and filled with presupposition that my questions to God cannot be truthfully answered with anything other than silence.  Even when I am strong enough to ask the right question I am not usually strong enough to hold the answer even if I am allowed a fleeting glimpse.   Perhaps, the answer is strong enough to hold me.

Perhaps, knowledge on a need-to-know basis is God’s kindness preserving me from responsibility that is not mine to bear. 

 

Yes, there are answers whose burden is mine to bear.  

 

When the greater law that is written within my neighbors’ hearts has sufficient call to be revealed, my neighbors, the Sovereign People, cause their delegates of their sovereign legislative authority to write that law as best as those delegates can.  While the writing of that law is still a flawed work it is the best we can do until we do better. 

 

It is my responsibility to live within that law and not adulterate my obedience such that I hide the law’s imperfections and thereby ‘shield’ my neighbors from their discovery of their next step towards righteousness.

 

Dispossessed of the Law?

 

Virginia appears to be unique in having two statutes in its criminal code that requires stringent obedience by all the agents of its sovereign People.  Note the Code of Virginia Title 18.2 section 481 paragraph 5:

“§ 18.2-481. Treason defined; how proved and punished. “ “Treason shall consist only in: “ . . . “ (5) Resisting the execution of the laws under color of its authority.  Such treason, if proved by the testimony of two witnesses to the same overt act, or by confession in court, shall be punishable as a Class 2 felony.”

It is fitting to call that crime statutory treason, because like statutory rape, the compliance or even willingness of the victim it does mitigate the crime because of the great difference in power between the perpetrator and the victim.

 

Virginia appears unique among the states in having such a law.  This may be because “The Old Dominion” was refuge to cavaliers during the English Civil War and the cavaliers brought their cavalier attitude towards the law with them.  That cavalier attitude which places the king above the law of Parliament also places those next to the king above the law.  This cavalier conceit was expressed in 1619 with the effect that some white man took some black man by the arm and communicated  ”The law here protects me, NOT YOU. I am elite and you are much, much less.  As far as you are concerned I AM THE LAW”.  

 

In Virginia this cavalier attitude still expresses itself in the maxim that “In Virginia, the law is whatever a judge says it is on any given day”.  

 

Perhaps, Virginia is unique in its need to have a law like § 18.2-481(5) but I doubt it. 

Perhaps, Virginia just needed that law more than other states.

 

That cavalier conceit of authority disease has been caught by the quasi judicial officials under the Judges’ supervision. 

That cavalier conceit of authority is very convenient to their enlargement because racketeers find it useful to have the true law VA18.2-111 embezzled from the people and adulterated with a law that suits the purpose of racketeers. 

 

Now, it gets much worse for the people and much better for the racketeers. 

 

The Virginia Freedom of Information Act used with the Virginia Declaratory Judgment Act enabled the people to easily repossess any law that is taken from them by criminal conceit of authority.

 

But, the persons of the Virginia judiciary have, in cavalier tradition, pursued their personal economic interest in shucking the civil and criminal economic liability earned in committing 18.2-481(5) felony.  In this unlawful pursuit they have resisted the execution of the Virginia Freedom of Information Act and the Virginia Declaratory Judgment Act and have VA18.2-111 dissembled and adulterated the duly authorized terms of those laws so that those who have been unlawfully dispossessed of the true law may not repossess it.  This is a great boon to racketeers because now when they buy someone’s dispossession of rights that existed under the true law those rights are bought forever.  It is a process very similar to slaving.

 

The situation now in Virginia is much like that in the days of “Jim Crow” when a black man could only have what was his under the law if it was not inconvenient to someone who actually counted.  As it stands now anyone displeasing a racketeer can be shocked to find that they are made into a ‘no-count’. 

 

What was done to me, may can be done to any man, done to you, done to everyman, until the sovereignty of the sovereign people is reduced to a cruel joke - rotting the ties that bind us together as a people and rotting the source of our prosperity and security.  Look closely. Every economic dysfunction and every social dysfunction has ALIENATION as the condition of root cause. ALIENATION need not be our legacy.

The remedy is readily achievable. Your part in the sovereignty of this great people can prevail.

 

Repossess Your Law Now.

 

Now is the time, Virginia and US law is the battlefield, the action is upon Chesapeake CL09-376.

 

Such a battle at-law has not risen before and it might not rise on such advantageous ground again. 

 

As things stand, no lawyer has seen fit to sincerely represent me so long as I hold the rule of Constitution and Statute superior to the rule of men-in-black.  No practicing lawyer can offend the personal economic guild interests of all judges by naming VA §18.2-481(5) statutory treason and VA18.2-111 statutory embezzlement as crime by a judge and reasonably expect to prosper in court afterwards.

 

As things stand, no tenured law professor has offered to serve as pro tempore judge presiding over the trial of CL09-376.  

 

Let the weight of your prayers and the weight of your witness be upon this battle. 

Let champions rise to meet your prayers – senior lawyers who find the greater law loud in their hearts – lawyers who will then defend the authority of the law as their sovereign people’s creator has revealed that law from the heart of their sovereign people.

 

Now is the time to defeat the alienation rotting the ties binding us together as a people. 

 

Use Virginia law to do this.  It is a battle ground I am unable to avoid.  Let it all count for good.  Then use Virginia law to heal our nation.  It has happened before – it needs to happen again.  It can happen now.

 

Russell_P_Davis@cox.net

757-651-2234

 

 

Russell P. Davis

1521 Quail Pt. Rd., Virginia Beach, VA 23454 (757)651-2234 Russell_P_Davis@cox.net

DRAFT June 25, 2009