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Children's Rights Advocacy

On issues of Immunities

The purpose of this OPEN LETTER concept is to present questions of immunities to any and all public officials by way of open letters which may also be presented by publication in news media and as letters to editors of newspapers.

As the new election year approaches there is plenty of time to "get this rolling!"

It should be noted that based on my personal experiences no politician [as of this date] will address these issues publicly. It is also just as equally important to note that not one single major newspaper will publish any news articles about these immunities.

What is presented here is easy to verify and research and I believe any junior high school student can research this accurately.

It has long been established that judges have immunities while actually performing judicial duties. Legislators also have immunities but only while congress is in session. For all intent and purposes our nation's founding fathers established and intended the citizen was originally protected from overzealous prosecution and official misconduct by having these immunities. This nation's founding fathers understood and intended that certain of these immunities are for the citizen and not the public servant.

The current public education institutions have actually eliminated teaching this nation's children even the most basic fundamental understandings of liberties, rights, and  civic public duties of the citizen. Perhaps, it is most important to remind everyone that an informed citizen is an asset to the community. Those citizens who are indifferent to the legal abuses and injustices inflicted upon other citizens through official misconduct are perhaps the most dangerous condition upon which civil liberties are eroded.

Hopefully, the reader of this web page will participate in this concept and will review the cases provided in order to gain a knowledge and understanding of how it has come about that prosecutors may now knowingly lie, fabricate allegations, manufacture evidence and even knowingly instruct state witnesses to commit perjury in order to obtain a conviction against a private citizen and have totally immunity from a civil lawsuit for damages even when these prosecutors are caught doing so.

The government is not naive, or even remotely unaware, of the issues of immunities for these many immunities have been "quietly taken away" from the citizen while "quietly being extended" to the various public officials beyond what the founding fathers intended and this type of conduct by public servants was once admonished by the courts.

In essence, if you are "fighting for your liberty, rights, or even life, before a court when the allegations and evidence is being offered through the office of the prosecuting attorney and you are fortunate enough to prove, or convince the court, that the allegations are false, or the evidence is manufactured and/or the witnesses are lying then these charges will be dismissed against you but no action will be taken against the prosecutor for doing so and the prosecutor is free to do these things to the next "legal victim!"

A prosecutor may be criminally charged for this crime, but an ordinary citizen normally may not bring these charges unless a government agency agrees to do so.

"Traditionally, a private citizen has no standing to vindicate a public wrong or enforce a public right where he is not hurt in any manner differently than the citizenry at large." Waterford School Dist v State Bd of Ed, 98 Mich App 658, 662; 296 NW2d 328 (1980).

As I have experienced the legal system it is most amazing to me that it has become a legal fact that citizens may be brought before a tribunal, or court, and the accuser and state's witnesses may lie, manufacture, fabricate with total immunity and this nation's mainstream press and news media has obviously chosen to remain silent about it.

The concept of writing "open letters" to public officials in the form of an inquiry is based on four principles:

1) A subtle inference that the writer may be considered an extremist if these facts are not verified.

2) The legislator is either naive and negligently unaware of true public policy, or has quietly remained silent about knowing these facts.

3) And that the writer of these open letters  requests to publicly and openly know the elected representatives opinion on these issues.

4) It is not difficult to accurately verify, understand and confirm the information on immunities. Almost anyone can easily find out if these stated interpretations regarding public policies on immunities is accurate, or not. Making multiple copies of your letter and distributing these copies may challenge the public to begin to question these issues also.

The average US citizen is so unaware of the decline of the values and standards of conduct that was once an excellent reason to place high regard for the value of the administration of the public trust.

"When even one American- -who has done nothing wrong - - is forced by fear to shut his mind and close his mouth, then all Americans are in peril." Harry Truman

When it comes to government accountability most people just do not want to be bothered with what is the truth, especially if they are not having any problems with the lies.

An attempt has been made to draft this letter in such a way that it does not embarrass the legislators who receives these "inquiries" but most certainly will if they ignore them. Fred Upton is my personal representative and for that reason I intentionally wanted to press the issue a little further with the letter I have posted.

What is proposed here is that an attempt be made to make the public aware of these immunities as much as possible by using a 37 cent postage stamp. These letters can be addressed to any elected official, public servant, and even judges [by those who do not currently have a pending case before that particular judge] and by letters to the editor.

A judge can be sent this type of inquiry if this judge is not currently presiding over a case sent by the person who submits this type of inquiry. There are many varying and conflicting opinions about writing judges such letters on public policy. There are people who would strongly oppose including judges on the list of potential recipients of these types of letters. I am not one of them. Just be certain that if you are involved in a case before a judge it is unethical to make any attempt to contact that judge without making the opposing party aware of the communication unless it may be an administrative matter, or issue.

It is suggested that any letter that is sent be copied and distributed to the public by any means possible ..... "spread the word!" Copies of letters to senators and congressional representatives should be forwarded to local newspapers.

In the case of federal legislators it is suggested that the letter writer not only request their own representatives opinion but ask that legislator to inquire with president George W. Bush to make a public statement regarding the president's public opinion these immunity issues.

In the case of state legislators it is suggested that the letter writer include an inquiry be made with the governor and attorney general of that state by the elected official receiving this letter

Hopefully, the letters actually sent will vary in some of the content and it would be more appropriate to cite cases specific to California immunity case law, if the letter writer is from California, or Maine case law, etc. Be creative, keep it simple and brief as possible.

Thank you for considering what the power of a two page letter and a postage stamp can accomplish.

Here is a copy of the letter I sent to US Representative Fred Upton. At the bottom of the letter to Fred Upton, being altered slightly for public distribution, included this: PLEASE MAKE COPIES OF THIS LETTER AND DISTRIBUTE FREELY being centered at the bottom of the last page. I tried to make this fit on one page, but failed to do so. However my handouts are still printed out on a single sheet of paper, being printed on both sides.

There is a very good opportunity to make fairness and the "public integrity" of our legal system an issue for the 2004 national election. As I see it, this can be done with a 37 cent postage stamp. This is not expensive and all citizens have a chance to raise these concerns.




This page created on October 13, 2003
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