“WHAT DID HE DIE FOR?”
by Sharon Rondeau
(Jul. 15, 2012) — [Editor’s Note: The following is the last part of our series on the significance of the date June 28 for Walter Francis Fitzpatrick, III as it relates to the murder of his captain’s brother in 1988 in Athens, Greece; Fitzpatrick’s unexpected court-martial in 1990; and his exposure of judicial corruption in the state of Tennessee, where he has found that every criminal court judge has been breaking the law for at least 28 years.
Fitzpatrick has stated that the court-martial was fabricated by a new admiral in his chain of command to force him to leave the Navy, which he did in 1994, with an honorable discharge. To date, the U.S. Navy has failed to respond to Fitzpatrick’s insistence that he did not sign the “confession” document placed in his file and evidence that the signature is a forgery of his name. An inquiry sent by The Post & Email several months ago to Admiral Jonathan Greenert’s office went unanswered.
The previous installment describes the aftermath of the murder of his captain’s brother at the hands of a Greek terrorist group, November 17, Fitzpatrick’s court-martial which began the following year, his experience years later with corruption in Monroe County, TN and the collusion of the local and federal governments along with a willing media to label him the pejorative “sovereign citizen.” Fitzpatrick believes that the judicial tyranny in Tennessee signifies that America is moving closer to a Hitlerian state whereby innocent people are arrested, incarcerated and convicted without the Fifth Amendment guarantee of a grand jury or trial jury review.
On May 14, 2012, Fitzpatrick made the discovery that laws passed in 1984 by the Tennessee General Assembly had ordered the trial courts to reorganize into districts but had been completely ignored. In the prosecutor’s response to Fitzpatrick’s motions in a case alleging “tampering with government records,” Assistant District Attorney General Paul D. Rush acknowledged the law but not the fact that the courts had failed to reorganize. On June 28, 2012, Senior Judge Walter C. Kurtz called Fitzpatrick’s quoting of the statutes “a theory.”
Earlier in the state’s history, district trial courts had been used before, then changed to a county structure, only to be ordered to revert to a district structure in 1984. Today, each county empanels its own grand juries and trial juries in violation of the law, and often the foreman, who is treated differently than the other jurors, remains in his post for years or even decades. Gary Pettway, who was “foreman” of the “Monroe County Grand Jury” for 28 years, had contended that he “worked for the state.”
The function of a grand jury is to act as a buffer between government prosecutors and the citizens of the jurisdiction by reviewing evidence of a crime and then deciding whether or not enough evidence exists to issue an indictment. The grand jury was also charged by the Founders with investigating government corruption, but in many cases today is done only if a prosecutor advances the charges. At the local level in Tennessee, grand juries often have not fulfilled the duties outlined by the judges themselves in the Rules of Criminal Procedure, which includes inspecting the conditions of the local jail. Juries have also been “rigged” in violation of a 2008 law which mandated that no juror serve again within a 24-months period.
Judicial corruption appears to be a well-known fact of life in the state of Tennessee, with judges quoting the Rules of Criminal Procedure and case law without respect to the laws passed by the legislature, although the Tennessee Supreme Court states that the Rules are subject to approval by the General Assembly.
Tennessee’s chaotic court system can be traced back to the original state constitution of 1796, which did not provide for a separate judicial branch of government (Article 5th), which the 1835 constitution included. The amended constitution also referred to judicial districts (Article VI).
A recent attempt by the legislature to reform the Court of the Judiciary, the body tasked with disciplining rogue judges, was reported by a close observer of the deliberations to have been derailed because of intimidation coming from the executive branch. The law which was passed created an entity not much different than that which it replaced.
Fitzpatrick and co-author Timothy Joseph Harrington contributed a chapter on the intended function of the grand jury in Dr. Terry Lakin’s recently-released book, Officer’s Oath, which is available here and presently shipping.]
“Stop looking at this…don’t go looking there, Fitzpatrick.” That’s what Judge Carroll Ross said on June 28, 2010, which indicated that there was something to find!
Then a year later, on the 28th of June of 2011, I ran into the same thing with a federal agent. “Hey, just let this go. There’s a better way to spend your life. Just let this go.” and she was the same agent who told someone else, “You’re tilting at windmills.” She didn’t use that language with me, but that was the message that she conveyed: “Let this thing die.” Now look at what we’ve discovered, and this wasn’t on the 28th of June; it was the 14th of May, which is another date in my court-martial, by the way. It was the date that the court-martial record was delivered: 14 May 1990. By that time, John Bitoff had already acted against me without even reading the record, which he was required to do.
Over the years, I see exactly the same thing going on here: taking innocent acts and converting them into crimes. They’re locking up innocent people as they have Darren Huff locked up, and it’s driving me nuts.
Fitzpatrick had a hearing in the “Monroe County Criminal Court” on June 28, 2012 on a charge of “tampering with government records.” Judge Walter C. Kurtz’s orders following the hearing reflected that he considers case law to have the weight of state statutes.
The essay about the scope and operation of the grand jury is in Col. Lakin’s book. In 1946, the first Rules of Criminal Procedure were put in place, which was government officials who, without amending the Constitution of the United States, went ahead and amended the Constitution of the United States. They said that a presentment is no longer a power invested in a federal grand jury. Where did they get that authority? As I read the Fifth Amendment to the Bill of Rights, it says that the grand juries have the power of presentment.
Then we find that back to 1947, the judges in Tennessee are held to account for stacking the juries by recycling jurors. The 1947 benchmark comes from the Hailey appeal. We know that it was more likely than not that the Tennessee Rules for Criminal Procedure are the byproduct of the federal rules; state judges and prosecutors probably said, “This is a pretty neat trick; why don’t we try it?” So they put their rules into place, and they used the rules instead of the laws. If they don’t like a law, they just put a rule in there and forget the law. It’s at The Jaghunter that “Rules are not Laws,” and it’s in one of the motions that I wrote. This is how they’ve been changing our form of government. Because the judges are ruling the roost in a judicial tyranny, they don’t have to obey statutory law. They make up their own laws and their own government, then there’s nothing to prevent the judges from working with whomever is going to pay them the highest dollar amount to start putting in rules which ignore the laws that sanction and celebrate and put into effect things like Sharia law; property theft, which we see with Agenda 21; and the Supreme Court ruling on Kelo. And now you have people asking judges to define the meaning of marriage. It’s not their question to answer; we don’t need them.
When you have judges exercising that kind of power, this is what we’ve been warned about. John Jay, Thomas Jefferson, Patrick Henry, William Blackstone. This is what a judicial dictatorship looks like, and they’ve been practicing this in the military since our military came into existence. It’s what happens when you take away the grand jury and then you take away the trial jury. Then they are free to make up any law they want and they can operate their government as they see fit, because if they don’t get their way, they’re going to have you locked up and thrown away. How do I know that? Well, it happened to me, a whole bunch of times. It’s happened to Darren Huff, who has been moved to Texas. It’s happened to other people who have tried to stand up. Where is the state legislature now?
Can any state legislator go to a county sheriff and say, “Go and arrest the judge”? In this state, no. Nobody has jurisdiction. We’ve gone through this: Who has authority to arrest a judge? It was on October 15, 2010, shortly before I was arrested in that ambush that took place on the 27th of October. Cathy Pendleton of the TBI said, “We don’t have the authority to arrest a judge, not even for a murder charge, unless we have the permission of the district attorney general.” The judges are running their own government, and there’s no one out there to stop them. This is what a grand jury was given to us to prevent. This is why the Founders put the grand jury in the founding documents. They looked at the best and the worst of government up until the time that they were meeting in Independence Hall in the summer of 1787, sweltering in the beginning of July. They struggled with what type of government they were going to put together here, and the grand jury made the cut. Then crafty, conniving, unctuous attorneys, prosecutors and judges put together these rules…where did these rules come from, and who said that they get to trump the law?
We see exactly that going on here. It was one of the things that Judge Kurtz tossed out: to take judicial notice that rules are not laws. The Rules of Criminal Procedure in the state of Tennessee do not marry up to the state law; they’re not the same. The Rules have to be obedient to the laws, and they’re not. We see that the judges have taken over and the grand juries have been taken away from us. We see now why we need the grand juries back; that’s the essay in Terry Lakin’s book, much of it transcribed from an interview I did with…I don’t know…Sharon Rondeau at The Post & Email.
Judge Kurtz could have been a hero and condemned the actions of his judicial brotherhood on the 28th of June. He could have come in and fought and done the right thing. He could have upheld the law and been obedient to the state and U.S. Constitutions. He had an opportunity which was profound. This is the chaos we have walking in to our courtrooms today. We have the law written down in our statutes and in the Constitution, but when you walk into a courtroom, what difference does that make? What difference do those laws make when they are not enforced or obeyed, and a judge can make up his own laws and rules, and all he has to do to make you shut up and go away is turn to the sheriff in the room and say, “Place him under arrest and take him away.”
The judge should have had no other decisions to make on June 28. That day was a very significant date; it was the day the Supreme Court rendered its decision on the health care bill and the Arizona immigration bill, and we know what the law commands. This is very powerful imagery here. It could be one year from now: the 28th of June of 2013 that we are waiting for the announcement from the Supreme Court that we are waiting for the definition of marriage. Is it one man and one woman? I know what the definition is already; it’s in my Bible. I don’t need any judges from the Supreme Court to tell me or redefine what that means. One year from now, we could be waiting in anxious anticipation as to what the Supreme Court is going to define as marriage.
This is the point: the judges don’t make those kinds of calls. Our Constitution is founded with the concept that we as people have inalienable rights. By extension, the Constitution is based on nature, on natural law. This is what we’re facing today and what we could be facing a year from now. There’s no question about this. Pretty-much anybody walking on the street knows that it’s unconstitutional for the government to order you to buy anything. The health care bill is nothing but a socialist takeover; it’s an attempt. I’m tired of living my life having to face these kind of moments when I’m waiting for a judge to tell me what I already know. Excuse me…if the Founders were alive today, they would be telling us, “This is not how your government is supposed to be working.” And by the way, the Founders would be walking around right now looking for grand juries in the state of Tennessee and throughout the rest of the United States, in places like northern Nevada where they haven’t put a grand jury together in 37 years, although they’re commanded by law to do it every year. This is a perfect example of a catch-22.
The solution is the chapter in Terry Lakin’s book about taking back the grand juries and we start operating them as We the People have been authorized to use them, and then we start locking up the people who took them away in the first place and ignored them and have done all the things we now know that they’ve done. We get law enforcement officers to do their job, and if they don’t do their job, well, then, “Come here, Sheriff Bivens” or whomever…or “Mr. Obama…Resident Obama…we have some questions for you, sir. We’re not happy with you; you’ve committed a crime. We’re going to hold you accountable for that crime, sir.”
So there shouldn’t have been any question about what Judge Kurtz was going to do on June 28th. That is the stability that a law gives us. It’s the difference between natural and unnatural. This is the chaos that we’ve been living with for all of our lives. The people who went before us had their obligations to fulfill, and they were lax in that. They were not vigilant. I celebrate Mr. Obama in his position today because if he’s done nothing else, he has people looking at the U.S. Constitution as they’ve never looked at it during our lifetimes and at many other times in the course of our history. I think it’s fair to say that the Constitution got very careful scrutiny when it went through the ratification process; I think the American people were energized and engaged in that. You have the Federalist Papers and the Anti-Federalist Papers to make the case that people were paying real attention to what the government was going to be when it came into existence. But it hasn’t gotten that kind of scrutiny or enforcement since the late 18th century. Mr. Obama has changed that for us, and God bless him for that! It has awakened the sleeping giant.
The decisions which Judge Kurtz made on the 28th have served to more fully awaken this sleeping giant. There’s a question here in Tennessee that needs to be answered. Just because the judge didn’t get it right doesn’t make it go away. All he has done is call more focus and scrutiny on it. OK. But we should come to a point in our lifetimes when we’re not even having this type of case in the courtroom, knowing what the outcome was going to be because of the law, because there never should have been a case in the first place.
Darren Huff’s case is a perfect example. There was no case there. The government made all of it up, and then they lied about everything, involved themselves in one perjury after the next. Where do we go for law enforcement? Can we take this to a grand jury? No; I’ve tried. I’ve been turned away, and I’ve lost count of the numbers. Four judges, three federal judges, two U.S. attorneys, one state judge, one special agent in charge of the FBI here, Richard Lambert; other federal agents at that level throughout the country have been told about this. I remember posting their names and their pictures up, and they’ve had treason complaints handed to them or mailed to them, and they’ve ignored them.
The concern we should all have right now is that the problem is not solved. More attention is brought to it now because of the way Judge Kurtz handled it. Thursday the 28th was a big day.
This is the point: the 28th of June is a day that we are to remember the sacrifice that men like William Edward Nordeen paid in their defense of the Constitution of the United States, and we have to stop and think: “What was their sacrifice for? What was their sacrifice about?” and we are to memorialize and remember and respect and pray for Capt. William Nordeen and his family, and Capt. Michael Nordeen, his surviving brother, and all of these people. We have to remember that there are real people who are dying to try and protect our government as it was stood up in the summer of 1787, and that real people dying all the time right now. And that’s another question: What are they dying for? What are they protecting? And that is a condemnation of so many of the senior military men and women today. What in the world are you waiting for? What are you thinking? You court-martialed Col. Lakin; what for? And you found him guilty? Of what? And you’re allowing Mr. Obama in his residency in the White House with all of the things that we know about what this man has done? He’s running guns to our foreign invasion forces. We have people in Mexico who are a military armed force and we’ve been giving them guns! They’re coming across the border and killing our Border Patrol agents and ICE agents; they’re killing other Americans. They’re in Arizona and New Mexico. They’re in Tennessee; they’re all over the place here. Many of them are here running drugs and guns; it’s an invasion force.
And we’re talking about the Latino vote? One of the things that people miss in this “Latino vote” nonsense is that many of the people who are here from Mexico or any other part of the world, for that matter, are here illegally. And the reason that Mr. Obama granted his amnesty is so that these people who are here illegally will vote for him. Well, they’re not allowed to vote. They’re not allowed to vote, and they’ve been here all this time, and they’re talking about electing him! No, no, no, no, no!!!
When the law is not obeyed, then you have chaos, and it’s the role of the military to maintain fundamental law. The strength in the Constitution is that you can always rely on it if it’s being followed by the judiciary. If everyone is paying attention to the Constitution and doing it right, then our country will be better off for it. We won’t be perfect; we will always be working on putting together a more perfect union. But we’ve got to obey the Constitution. And when you don’t do that, you have chaos. That’s the job of the military, among other organizations…to prevent. It’s about an oath. Captain William Edward Nordeen took an oath, and he died in his obedience to that oath. He died because he was a man who wore his uniform in defense of his country in a foreign nation. And people recognized him for being a threat because he represented freedom; he represented the Constitution. November 17 recognized him as somebody who had to go and would get noticed if he was taken out in a car bomb attack. That’s why they murdered him in such a violent, vicious and monstrous way. And we need to remember that on the 28th of June of every year, not just 2012.
But what was that man’s sacrifice about? What is the sacrifice about for anyone who’s died in defending the Constitution? That’s our job, Job #2. Job #1 is for us to train our replacements, so that if we take a hit in battle, it’s not a loss to the mission. The mission will carry on with success, with brilliance, with magnificence, as it’s supposed to, because nobody is that important. You lose somebody, and it’s like taking your hand out of a bucket of water. And then your job is to defend the Constitution, completely and without reservation, against all enemies, foreign and domestic.
So what was William Edward Nordeen’s sacrifice all about? What did he die for? Why do we respect these people? Why do we have a Memorial Day? We have to get back to our roots. Capt. William Edward Nordeen should be remembered because we have to respect the sacrifice that he made and his family is still making. We have to remember this; they can’t be lost. We keep telling ourselves, “We remember; we remember,” but we don’t. Unless we force ourselves to remember, we don’t. No. That’s the message. What is the sacrifice all about? What is it for? Why did he die? He was defending the Constitution.
This is why I rail against these judges. It’s one of the the reasons I wear my uniform to court. The judges are out of control. There are so many people in uniform today – not just military uniforms, but sheriffs’ uniforms, police uniforms, FBI uniforms – who are supposed to be enforcing our laws, and they are not. Instead, they’re working to see that this country becomes more socialist than it ever has been before. You have people who are changing the covenant of the United States without using the amendment process.
What we’ve found here in the state of Tennessee and other parts of the United States of America is not what Capt. William Edward Nordeen died for. This is not what he was defending. So why do we have this in our country now? Shame is a very, very powerful force, and this has to shame the judges, the military commanders who are in uniform sitting on their hands and doing nothing. It has to shame the sheriffs in this country; FBI agents; it has to put these people to shame. Congressmen….everybody.
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.