Showing posts with label Court. Show all posts
Showing posts with label Court. Show all posts

Monday, February 3, 2020

In State Constitutional Convention Court, Part 8, Time Frame

(By; Chuck Thompson)

We want to act pretty fast here folks.  Part of the intention of getting this going is to stop all the crazy new laws coming out of Richmond.  We want this event to happen before July 1st, 2020.  This way we can put injunctions or stays on all the new codes until they can be checked against both the Commonwealth's Constitution as well as the Federal Constitution to ensure there are no violations to the unalienable rights of the people which we all know there are plenty.

That is why I keep pushing this idea on a daily basis.  It is far easier to fight and maintain our unalienable rights than it is to lose them and have to fight to try and get them back.  Once lost, the rights are no longer considered rights.  We can't use the regular courts for multiple reasons as already discussed to include that the courts are way to slow.  Voting these folks out is also way to slow and the rights will already be gone.  The chances of bringing in all new people and hoping they will reverse these insane codes is a pipe dream that may come true, but I am not willing to bank on it.  Plus as stated, the unalienable rights will be gone and are no longer rights.  At best they will be brought back as privileges that can be taken away at any time.  

Tuesday, January 28, 2020

In State Constitutional Convention Part 2 Convention Is A Court


(By:  Chuck Thompson)

A few days ago I introduced the idea of an In State Constitutional Convention.  This is part two in an effort to explain more about the idea and why we need to do this.  An In State Constitutional Convention can not touch the underlying Constitution nor can there be any form of effort to change or rewrite the underlying Commonwealth of Virginia's Constitution.  That is not what the In State Constitutional Convention is for.  The Convention is actually a court.  The proposal is that a member of every board in every locality throughout Virginia send one delegate for that locality to the Convention.  The Delegates will hear each House Bill from Richmond and decide if it has violated the purpose and intent of either our Commonwealth Constitution or that of our Federal Constitution.  If yes, the delegates will vote to kill the new bill.  If not, the House Bill gets a pass.  If the delegates can not make a determination, the delegates have an opportunity to bring back to their respective localities and put the matter before the people to determine if they want to allow or kill the House Bill.  In order to kill a House Bill. two thirds of the localities must agree that it violates an area of either the Commonwealth's or Federal Constitution. 

  If the House Bill appears to be purposely written to deprive the people of their rights, the delegates of the Convention, will have an opportunity to have those behind the House Bill arrested and tried before the Constitutional Convention with the delegates of the Convention's determination as being final.  If it turns out that the bill was voted into law, all those who voted for it may be tried before the Convention along with the Governor if he signed the House Bill into law.

  The only option for any form of change to our present Constitution that may be considered is an amendment for these Constitutional Conventions to continue in an effort to reign in a rogue government. 

  This type of court is known as a Common Law Court which is the type of court our Constitution guarantees to "We The People".  The below code is from the Code of Virginia.

§ 1-200. The common law.

The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly. (This last part, highlighted, is an usurption of our rights, and not lawful).
Code 1919, § 2, § 1-10; 2005, c. 839.

§ 18.2-152.7:1. Harassment by computer; penalty.

If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be is guilty of a Class 1 misdemeanor. A violation of this section may be prosecuted in the jurisdiction in which the communication was made or received or in the City of Richmond if the person subjected to the act is one of the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.

Now what is interesting about the above is the fact that it's actually from English Common law and was once the law here in the Colonies.  Tavern keepers were not allowed to have any of their patrons speak anything negative about the government or government officials.  Once we became the United States, this was forever changed as it is considered repugnant to our Constitution, specifically free speech.  Politicians did in fact try to bring back the above style of law early in the Republic of these United States of America but the idea was shot down as a violation to the 1st Amendment.  So, if 18.2-152.7:1 should be passed, then those who vote yes, those who proposed and sponsored the bill and the Governor, should he sign such into law, will all be charged with violations to the Constitution  and arrested and brought before the Convention for trial under the Convention.

  So why not use our present courts?  Because our present courts are not Common Law Courts.  They are civil law courts that are in violation of the Constitution.  Something you will have to do research on your own.  The evidence for this can be found on the National Liberty Alliance website.  Visit https://www.nationallibertyalliance.org/  Plus, by doing this through a Constitutional Convention, we can act much faster.  Does the Convention have to have members of the local Boards?  No, it can be the Sheriff's from each locality.  It can be the Chair of each board and the Sheriff.  In fact, by having our Sheriff's involved, whom are all Constitutional Officers, it gives more force behind the actions of the Convention itself.  It's still a work in progress and I believe it's a sound solution.

More to come on this.




Monday, March 23, 2015

Outrageous Court Order by Judge Sward of Portsmouth Virginia

What happens when you are acting pro se (your own defense) in a court in Virginia and you dare to question jurisdiction?  You get ordered to undergo a competency hearing.  Outrageous.  Absolutely OUTRAGEOUS!  In a Gloucester Virginia court case that in my own opinion is 100% predicated on fraud at every level this is just one more area where the courts are going beyond ridiculous.  It is my own opinion that the reason the courts are doing this is because of all the fraud involved in this case and the fact that they want to make sure that they do not get sued for all of their criminal activity.  Again, my opinion.  So where is the proof?  Let's take a look.


Challenge Jurisdiction? See What Happens Next from Chuck Thompson

What I need to point out in the above legal document in the above container is that at no time did the defendant ever communicate with the Commonwealth attorney's office that the defendant suffered PTSD.  That information is incorrect.  Also Commonwealth Assistant Attorney from Virginia Beach, Virginia states that defendant filed frivolous motions.  I have read those motions and did not find anything frivolous in them.  But I am not a BAR attorney.  Nor would I ever dream of wasting my time in becoming one.

  Here is what they do not want you to know however the defendant challenged jurisdiction.  All the courts throughout the US either have already or are presently having their jurisdiction challenged at every level by the National Liberty Alliance.   http://nationallibertyalliance.org/  Please visit the link to see for yourself.  I would also recommend everyone join who is not an attorney or Judge to stop the criminal courts.  (Again, my opinion).  The NLA will not accept anyone who is a Judge or attorney into membership because they are part of the problem.

  If a revolution does occur in this country again, I believe it will be brought about by either the actions/inaction's of the courts in this country.  Not because of politics.  What I have been witnessing over the past few months is nothing short of showing me that the real criminals in this country are running the court systems and they do not dispense justice.  But let's look at some more facts.



  

Judge Sward's Outrageous Court Order, Portsmouth, VA Judge from Chuck Thompson

This order was created by Judge Sward of Portsmouth, Virginia and is not factual in my opinion as I was a witness to these proceedings and all the events that have occurred throughout the start of these actions.  I know every facet of the case as I have read every document and have done research in multiple areas in order to assist both the defendant and her husband has also been working on research to assist with her case.  We all have spent a vast amount of hours speaking on this subject and digging through everything we can find.

  Judge Sward stated that he did not see PTSD as an issue in the defendants case as any form of possible issue for her competency.  He denied her motions for dismissal but stated that defendant had some very valid points in those motions.  Witnesses to this case on this day can all testify that the defendant did not show a lack of competency for the defendant to continue to move forward.

    What is even worse is that Judge Sward heard no evidence other than from the prosecuting attorney, Wendy Alexander from Virginia Beach, that defendant filed frivolous motions that she later stated she refused to answer but that the motions contained valid points in regards to competency of the defendant.

  Wait, did anyone read that correctly?  Wendy Alexander stated she refused to answer the defendants motions as they were frivolous yet still stated that the motions had valid points.  Can anyone say corruption?  Judge Sward ignored these little facts.  The defendant had moved the court to have special prosecutor recused for a number of reasons that I consider very valid.  For one, in a previous hearing, Wendy Alexander pretty well called the defendant insane.  The defendant brought this up before judge Sward but he decided to give his interpretation on what Wendy Alexander meant by her statements without having been the judge in the hearing where Wendy Alexander made that specific statement.

  Now these actions are supposed to be in Circuit Court, but the court where Wendy Alexander made this statement was in a General District Court in front of Judge Shaw who had not yet been inaugurated into his position as a Circuit Court judge and there was not court reporter in the room and the defendant as well as several witnesses including myself were moved out of the actual Circuit Court courtroom where an actual court reporter was.  We were the only ones moved to the General District Court courtroom.  This was put together by Wendy Alexander with the aid of Holly Smith Gloucester, Virginia Commonwealth attorney.

  Now in my own view that was criminal intent with intent to commit fraud.  Wendy on January 27th, 2015 did not want a court reporter in the court.  Here is what happened in that courtroom before Judge Shaw that day.  First Wendy pretty well called the defendant insane and was arguing to put the defendant under evaluation then.  She then argued that she wanted to try the case right there on the spot.  Wait.  Who is the real insane person here?  Wendy first argued that the defendant was not competent to stand trial or defend herself and then Wendy wants to start a trial right on the spot.  Judge Shaw stopped her on the spot in that area.

  Now lets have some real fun.  The next action in this case is it moves to jury trial.  The defendant has never been identified by any of the judges in any of the 4 previous hearings, the defendant has never given a plea at anytime, the defendant has always contended that the court lacks jurisdiction and the courts continue to move forward anyway.  Wait, who are the criminals here?  The defendant has been accused of statutory violations that are so vague that even the supreme court has ruled that to be the case.  Plus, the courts have even stated that the statutes are not even violations under common law which Virginia Code, 1-200 states that all codes must be interpreted to the meaning of common law.  Plus this comes from West's annotated Virginia Code on the above so called statutory violations.  (Part of the research I helped with.)

  Even more hilarious but very sad and maddening is what Judge Sward also said during this hearing.  These motions have obviously been put together by someone with legal knowledge and skill but lacking a legal education.  I take that to mean that the defendant did not go to law school and is not a member of the BAR so that is an automatic disqualification and reason for a mental evaluation.  Again:  who are the criminals here?

  Oh, and have I mentioned that the Commonwealth has been withholding evidence from the defendant and stated in court that they would continue to withhold evidence from the defendant?  Not only that, but Judge Sward was asked about evidence provided to the court and if he saw the evidence.  He confessed he knew nothing about the evidence that was brought up in question and the two court clerks in the room looked at each other very surprised.  Why?  Was it because it was withheld from judge Sward?  He immediately ended the hearing after he admitted to not seeing the evidence or knowing anything about it.  I have to keep asking who the real criminals are here.

  Now Judge Sward came across as a nice guy, but he danced around the defendants questions and it was very clear to everyone who was there witnessing the hearing, that Judge Sward had no intention of allowing a fair hearing.  He even threatened the defendant with a revoking her bond and throwing her in jail if she did not consent to the psychiatric evaluation and that he would force compliance anyway.

  Let's also look at some other oddities of this particular hearing.  It was done as a stand alone hearing on a Thursday when all other Circuit Court business was conducted on Tuesday.  It was held in the basement in a hearing room.  No docket was posted and when we all asked for a copy of the docket in the Circuit Court clerks office, we were told that there was no Circuit Court cases being heard that day and there was no docket.  Others who were going to join us as witnesses were not able to find us in the hearing room as they were also told the same thing, there are no cases today.  We did get a copy of the days docket.  It states Circuit Court hearing to hear motions.  There was no court reporter at the front of the room.  No court reporter was sworn in after Judge Sward came into the room.  I believe I did recognize a court reporter in the back of the room who was only there witnessing the proceedings, and not taking any notes, so that the element could be covered.  But the element was not properly executed as required to be a court of record.  So that means this was once again a District Court proceeding done under the guise of a Circuit Court hearing and it was not public.

  Again, who are the criminals?   Oh this continues to get a lot more interesting but we are going to save that for other posts.