On June 17th 2013 and again on June 29th 2013 I did send very explicit notices of grievances to the U.S. Attorney Bill Nettles in South Carolina. I have included all the cases that can be found in the postings of this blog sense I started it including OLMSTEAD v. UNITED STATES, 277 us 438, Decided June 4, 1928. Another person in government spits on their oath to GOD and Country for Government power.
“When these unlawful acts were committed, they were crimes only of the officers individually. The government was innocent, in legal contemplation; for no federal official is authorized to commit a crime on its behalf. When the government, having full knowledge, sought, through the Department of Justice, to avail itself of the fruits of these acts in order to accomplish its own ends, it assumed moral responsibility for the officers’ crimes. … And if this court should permit the government, by means of its officers’ crimes to effect its purpose of punishing the defendants, there would seem to be present all the elements of a ratification, If so, the government itself would become a lawbreaker.
Will this court, by sustaining the judgment below, sanction such conduct on the part of the Executive? The governing principle has long been settled. It is that a court will not redress a wrong when he who invokes its aid has unclean hands. The maxim of unclean hands comes [277us 484] from courts of equity, but the principle prevails also in courts of law. Its common application is in civil actions between private parties. Where the government is the actor, the reasons for applying it are even more persuasive. Where the remedies invokes are those of the criminal law, the reasons are compelling.
The door of a court is not barred because the plaintiff has committed a crime. The confirmed criminal is as much entitled to redress as his most virtuous fellow citizen; no record of crime, however long, makes one and outlaw. The court’s aid is denied only when he who seeks it has violated the law in connection with the very transaction as to which he seeks legal redress. Ten aid is denied despite the defendant’s wrong. It is denied in order to maintain respect for law; in order to preserve the judicial process from contamination. The rule is one, not of action, but of inaction. It is sometimes [277 us 485] spoken of as a rule of substantive law. But it extends to matter of procedure as well. A defense may be waived. It is waived when not pleaded. But the objection that the plaintiff comes with unclean hands will be taken by the court itself. It will be taken despite the wish to the contrary of all the parties to the litigation. The court protects itself.
Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent, teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means – to declare that the government may commit crimes in order to secure the conviction of a private criminal – would bring terrible retribution. Against that pernicious doctrine this court resolutely set its face.”
CONSTITUTION OF THE UNITED STATES
ARTICLE Vl, CLAUSE 2, SUPREME LAW.
This Constitution, and the Laws of the United states which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, and any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
ARTICLE Vl, CLAUSE 3, OATH OF OFFICE.
The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial Offices, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any office of public Trust under the United States.
5 USC § 3331 Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath; I,AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God” This section does not affect other oaths required by law.
28 USC § 453 Oaths of justices and judges
Each justice of judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ---, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as --- under the Constitution and laws of the United States. So help me God.”
Federal courts cannot countenance deliberate violations of basic constitutional rights. To do so would violate their judicial oath to uphold the U.S. Constitution. 28 U.S.C.S § 453 (1976)
Members of the General Assembly, and all officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath: "I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God."
Article. II. , Section. 1. , The President shall;
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
One day someone will stand with me to defend the U.S. Constitution.
Theodore Wagner
Constitutional Patriot
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