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IN VIOLATION OF 14 U.S.C. § 242 — HE HAS USED HIS AUTHORITY TO DEPRIVE FREESE OF HIS CONSTITUTIONAL RIGHTS

by John Charlton

(Oct. 30, 2009) — If there is any member of the Federal Judiciary who should be prosecuted for using his authority to deprive citizens of their intangible rights, it is Judge David. O Carter, of the Middle District, Southern Division, in Santa Ana, California.

Let’s put Judge Carter on trial then, in the public forum, and consider his actions in accord with law.  First let’s consider the Federal Law codified in 14 U.S.C. § 242, which reads:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

That Judge Carter lives in a dream land, any objective observer would agree,  since he pretends that Obama is a legitimate candidate for the U.S. Presidency, that Congress can change the definition of what a “natural born citizen” is — which no legal scholar has ever claimed — and that military personnel are traitors and guilty of insubordination if they don’t obey an illegitimate Commander-in-chief, or if they even question his illegitimacy.

One of the plaintiffs in Barnett vs. Obama is on active military duty:  Jason Freese.  If Mr. Freese should be deployed to Iraq or Afghanistan, despite his protests, because of Carter’s ruling in Santa Ana yesterday, then he risks bodily injury; and if consequently injured, Carter’s ruling has led to a violation of 14 U.S.C. § 242.

And that is a death-penalty offense.

But even if he is not injured, his intangible rights are violated.  Because it is obvious even to the untrained, that if I have a duty on account of a military oath taken, to not only obey orders in the legitimate chain of command,  but aslo those from the Commander-in-chief: I have a right to see the evidence that such a Commander-in-chief is qualified and eligible to serve according to the requirements of the Constitution.

Note, that though this right is intangible, its injury is not speculative; nor is  its injury conjectural; as it is a right which comes into being immediately upon taking the military oath and entering military service, wherein one is bound to the chain of command.  Its injury is thus immediate and real when request for proof of this eligibility is denied,  from the very moment the Supreme Court Justice swears in an ineligible candidate, and that usurper takes command of the military.

This is based on a fundamental principle of jurisprudence for the last 2,500 years:  that for every duty there is a corresponding right, if the individual is a free agent, without which that duty would become a slavery, and liberty be extinguished.

Judge Carter —  who does not deserve the title — has manifestly and expressly denied, by an official judicial act, Jason Freese of his intangible right, guaranteed by the 9th amendment!

That is a formal violation of 14 U.S.C. § 242.

Nor can Judge Carter exculpate himself, saying that he was only following orders — oops precedents! — because it is manifestly a form of erroneous jurisprudence to apply a precedent in a case wherein it was never intended to be applied; or in a case where it would negate or deny any intangible right.

Thus, Judge Carter cannot plead “precedents” to get himself off from conviction.

Nor can he plead unwilling ignorance, since he manifestly attempts to destroy the reputation of Freese’s counsel, Dr. Orly Taitz; a clear sign of prejudice and rancor on his part. In that he used pretense and dissimulation during the proceedings to give the appearance of impartiality, and in that he hired a lawyer with ties to the Obama adminstration; it seems very probable that he was also involved in a criminal conspiracy to deprive Freese of his rights; especially since his court refused to answer questions by World Daily Net regarding his appointment of Velarmoor.

David O. Carter will certainly be condemned in the court of public opinion for this abominable crime; but he ought to fear more his Eternal Judge, who is most severe with corrupt judges.

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  1. Great comments above! (This is clearly one of the best websites for serious discussion around.)

    What if Chief Supreme Court Justice John Roberts intentionally flubbed the presidential oath because he was aware of Obama’s ineligibility?

    And what if Judge David O. Carter intentionally allowed in a legal clerk from Obama’s camp with an obvious conflict of interest, because he understands the urgency of getting this case through process and on its way to the Supreme Court?

    Maybe calling out his fellow soldier as treasonous for refusing to serve from one ‘duly elected president’s administration’ through to the next ‘dubiously elected president’s administration’ was intended to clue him in (Lt. Freese, that is) that without being courageous enough to face an actual court martial, he could not possibly attain “standing”. (An arguable point for retired military plaintiffs.)

    Could all of Judge Carter’s prejudicial statements aimed at Orly Taitz be a gift for her, so she can detach herself from the likes of Lucas Smith, Larry Sinclair, and perhaps even Gary Kreep, in her future appeal(s) to a higher court?

    Well, this may just be my way of staying positive and seeing the glass half full.

    Reading the “Reporter’s Transcript of Proceedings” for the October 5, 2009 hearings, I could not help but admire Orly’s clear and passionate presentation. Conversely, I could not help but question Gary Kreep’s positions and the obvious ‘straw man arguments’ presented by Obama’s lawyers. (They seemed to neatly ‘dovetail’ each other.)

    Here is a link to that document:

    http://www.orlytaitzesq.com/?p=5376&cpage=1#comment-16181

    In any case, regardless of both of these judge’s intentions, the truth will eventually surface. I still feel that miracles are possible, and all the intelligent comments I’ve read here and elsewhere are sufficient for me to stay optimistic.

    Thanks for providing this great forum.

  2. Well, it certainly is obvious that the Obama “machine” got to Judge Carter.

    I figured this would happen. However, having said that, I think that all of us who believe that Barack Hussein Obama is not eligible to be President of the United States should band together and buy advertisements on TV stations.

    We have to do something and alone we are “screwed”.

    There is always safety in numbers. We have to weed out the corruption that is going on in this great nation.

    Poor Judge Carter……….his integrity has been destroyed.
    He has betrayed the American people. And the person responsible for this is BHO. He hasn’t paid his attorneys 1.7 million dollars for nothing!!

    We also should see if there is some way we can remove Judge Carter from the bench. He doesn’t deserve to be there.

  3. A clerk was placed in Carter’s office not too long ago, from the law firm of Perkins Coie, where Robert Bauer, Obama’s legal counsel is from. Who knows what went on. Perhaps Obama’s legal counsel (or Mr. Bauer himself) wrote the opinion that dismissed the matter. I believe they turned the screws on Judge Carter and had him under surveillance, lest he end up with a horse’s head in his bed.

  4. Despite David Carter’s abdication of his responsibility–what John Marshall would call his “treason to the Constitution– the judiciary does have responsibility for interpreting the Constitution. That’s what the courts are for, for pete’s sake, and lower courts must permit discovery regarding Obuma’s eligibility so that when the case reaches the Supreme Court, as it should and must, there will be facts and reasoning to adjudicate.

    Judge Carter’s prissy dancing around questions of “standing” and jurisdiction is infantile nonsense. While youth-like energy is appealing in Orly Taitz, juvenile behavior is unbecoming to a judge. The question is whether we have a legitimate government or not, and it is a matter of the gravest import that deserves to be given a fair trial of truth immediately.

    We can’t expect redress from the egislative branch, which is, in the main, a rotten branch, a pit of vipers, a dead horse. Fact is the Democrats control Congress, and Senate majority leader Harry Reid declared from the podium that the Senate was going to spend “not one minute” on Obuma’s eligibility. Pelosi plays a central role in the fraud and cover-up. No help can be expected from Congress.

    It is only the judiciary through which we have the faintest hope of peacefully restoring constitutional governance before 2013, by which time it may well have become a moot question.

  5. CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly’s Candidate fraud case as well — all this on a red herring that Orly’s case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly’s actual case. Pretty nifty!!!

  6. I am really sick and tired of this corruption. THIS GUY SHOULD BE ASHAMED OF HIMSELF. I THINK IT IS OBLIVIOUS THAT JUSTICE IS LONG GONE. IT IS TIME TO DO THINGS THE OLD FASHIONED WAY!

  7. I honestly believe that obama machine got to Judge Carter… possibly even threatnening him. Regardless, Judge carter betrayed the citizens of the USA…

    Everyone needs to beaware, that obama & the gov’t will not give up & will do whatever they can to stay in control. Only when the people DEMAND as a united group of millions will there be change… unfortunately time is running out for this to happen. I do NOT condon violence but feel the only way the people will get the usurper out & justice prevail is by this means.

    When people are suppressed & freedom taken away… it will boil over & then force MUST be implimented. The time is not yet here for this… this is another reason the powers to be are preparing for that time down the road. It is a shame the American people can’t or willfully refuse to see this. When the time does come they will wish they had prepared.

    It will take a huge effort on all the citizens to make change… our forefathers would be ashamed of what is happening… OUR JUSTICE SYSTEM is run by the controlled gov’t… WHEN not IF will the people wake up???

  8. Carter is guilty as charged, and I recommend a sentence of one year in prison and a fine of $500,000. But since enforcing the law is no longer in fashion, we may have to settle for eternally dishonoring David O. Carter’s name. Shame be on him forever.

    Not only did Carter deny Freese his right to legitimate orders, Carter slandered this patriotic serviceman by clearly implying that Freese was a coward who was just trying to evade deployment to a field of battle. Freese should sue for slander.

    Moreover, Carter put all U.S. military personnel at risk of violating the principles that were universally recognized at the Nuremberg Trials after World War II, at which it was clearly established that officers had a duty to question orders of doubtful legitimacy. Our entire chain of command is in jeopardy of violating international law.

  9. A judge would risk all this just so he won’t be ridiculed, lampooned or worse on his favorite tv network by his favorite tv personalities. He might’ve even been named “worst person of the week”. Judge carter couldn’t bear the thought of that happening.