Posts Tagged ‘Law’

Fruit of the Poisonous Tree

March 26, 2019

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Fruit of the Poisonous Tree

By Dahni
© 2019, all rights reserved

The Mueller Report, no matter what it contains or what is released to the public, should be rejected by all, for it is, “Fruit of the poisonous tree.”•

•source link: Cornell Law

“Fruit of the Poisonous Tree” Legal Doctrine

“The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, the evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation.”

source: legal-dictionary thefreedictionary.com

Perhaps another legal doctrine may be familiar and similar to you, your Miranda Rights.

“Miranda Rights are named after the landmark US Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested for stealing $8.00 from an Arizona bank worker. After two hours of questioning, Miranda confessed not only to the robbery, but also to kidnapping and rape. When he was brought in for questioning, he was never told that he did not have to speak to police, or that he could consult with a lawyer; he simply confessed to the crimes. He was found guilty.”

“Miranda’s conviction was appealed to the United States Supreme Court. The Justices ruled that the statements Miranda made to the police could not be used as evidence against him because, he had not been advised of his Constitutional rights. Since this decision, police are required to recite the Miranda warning to suspects before, any questioning is conducted.”

“The Miranda case did not establish new rights, but rather instituted further protection of Fifth and Sixth Amendment rights.”

source: Legalzoom.com

WOW, from a known criminal and for an initial charge of just $8.00 theft, but who also confessed to kidnapping and rape, we have this namesake legal doctrine of Miranda Rights! What happened to him?

“Ernesto Miranda did, indeed, get a new trial based on the Supreme Court ruling, and his original confession was thrown out. However, based on the evidence, Miranda was again convicted of kidnapping and rape, and served 11 years in prison before being paroled in 1972. In 1976 at the age of 34, Miranda was stabbed to death in a barroom brawl. Police arrested a suspect in the killing who, after choosing to exercise his Miranda Right to remain silent, was released without being charged for the crime.”

source: Legalzoom.com

Now don’t you wonder how the prosecution ever knew about “evidence” to look for in this second case? I do. Technically, Miranda should have only been charged and convicted, for the initial crime and charge of $8.00 in theft!

Exceptions (loopholes) to the Miranda Rights? But of course (sarcasm). Each state must follow the four points, but each state writes their own rules, for applying them. One exception is…

“We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.”

used by:  Some police departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska

In other words, we are not going to pay for your attorney, you the interrogated or charged are. We will appoint one (our choice as to which one), IF you wish and IF you go to court. This exception gets the taxpayer off the hook and it’s good for lawyers that are are all generally paid, win or lose. And it could be good for the prosecution too.

Unfortunately, for certain people, these two legal doctrines (Miranda Rights and Fruit of the Poisonous Tree), though designed to protect individual rights, have exceptions (loopholes). Law, which is supposed to protect the law-abiding and punish the lawless, is so constructed that often the lines between guilt and innocence are blurred. Exceptions (interpretation of law), are often just a tool of government, to circumvent constitutional rights or to shield and/or justify its own actions. In other words, if it is in the government’s best interest with exceptions, it can interpret the law and seize constitutional rights, as if it is their property or not prosecute at all, if it is one of their own or not in their interest. Does a counterintelligence, an FBI investigation or did Mueller’s investigation, support or seize the individual’s rights? There can be no silence or opposing counsel to help those being questioned, by the government and this should be illegal! Neither is it legal to require sworn testimony of some, but not of others. These exceptions to the law, makes law, useless in our Republic!

The special counsel (Mueller Investigation), was begun without legal precedent. It only had the appearance of being legal. It never met the legal requirements, for a special counsel to operate. It only had the appearance of a legal operation. The named individuals on the counsel were openly and blatantly chosen, despite bias, partisan politics and many of its lawyers conflicted or known to have corrupt practices of their own. There is simply no way this counsel could muster public trust and is but “fruit from the poisonous tree.” It was hidden from the public, it was empowered to serve. The scope of its power, its tactics, its randomly veering off its mandate (at its own discretion), its refusal to release certain information and it leaked information as it suited them while ruining lives. And it prevented even Congress charged with judicial oversight and other investigators from interviewing potential witnesses and documents non-redacted, keeping it to themselves and secret, all in the name of national security or not compromising an on-going investigation. Charged to look into one thing, they looked into many other things. This is just, “fruit from the poisonous tree.”

Some of the “fruit of the Poisonous Tree”

However, after nearly two years, countless hours of investigating companies, countries, private individuals and public officials; after the near constant media and public distraction, all who waited in mistrust and fear or waiting with bated breath, for the release of what many already believed was true, before it even began, it has been released to the Attorney General (AG). After untold millions of dollars paid for by the United States Taxpayer, The Confidential Mueller was ended.

By law, it has been delivered to the deputy attorney general, who authorized the investigation. The investigation was to determine whether or not, the Russian government, working with certain US citizens colluded with and conspired with, to influence the 2016 presidential election. By law, the deputy attorney general immediately delivered this report to the US Attorney General. By law, the AG immediately delivered a letter to the Chairman and ranking member of the House of Representatives, Judicial Committee, and the Chairman and ranking member of the Senate Judicial Committee. And the same he released to the public. By law, all were notified that the AG was in receipt of the Confidential Mueller Report and that:

1. The investigation had ended and no new indictments would be coming or are left hidden.
2. More information to these individuals of the two judicial committees was promised to be forthcoming and perhaps as early as, the following weekend.

The above, by law, and as promised, more information was delivered by the AG (signed by both the AG and the deputy AG), to the specific four members of Congress and simultaneously to the public.

This summation stated:

1. No collusion or conspiracy was found
2. The AG and deputy AG concurred, there is no sufficient evidence to pursue obstruction of justice

But this summation by law, is not good enough for many and they clamor loudly, daily and incessantly, for the release of the full report and all documents, which were used to make up the Mueller Report. Without the patience, for the release of as much as possible and as promised, foolishly and ignorantly they are distrusting the integrity of the AG, and in essence, are inciting him to break the law and to commit perhaps multiple felonies, in releasing information which may contain:

  1. sealed Grand Jury information
  2. classified information
  3. presidential privileged information

The damage already done to our Republic is so great, as it is now, it will take a long time to repair it!

Though the length of this investigation is not the longest one on record, but because of its almost endless and daily coverage by most of all media, blinding our eyes with it and blaring it in our ears daily, it certainly seemed like it was! For no other reason, I am relived, it is now over!

I am relieved…

…not to rejoice in the vindication of the president and anyone associated with him.

I am relived…

…not to criticize, condemn or complain about anyone whose expectation was that collusion, conspiracy and/or obstruction of justice, justified this investigation.

I am relived…

…I am just relived that no foreign power colluded, conspired and obstructed justice, to interfere with, the 2016 presidential election of, WE the People!

It would be apropos if WE the People could now focus our efforts upon matters of great importance to the Republic of, The United States of America, But this report, no matter what it concludes and whatever is released to the public is, but “fruit from the poisonous tree.” It should be rejected by every individual in our Republic. One cannot obstruct justice from collusion/conspiracy, which does not exist. Sadly, I suppose, this is just the end of the beginning?

But just because someone (anyone), appears to be guilty or is made out to be guilty, charged as if they are guilty, and convicted in the court of public opinion, does not make it so. To usurp an individual’s (any individual citizen of the United States), constitutional rights is, “fruit of the poisonous tree!” Any results (consequences meted out), by anyone; from any such manner or method is, “fruit of the poisonous tree!” Perjury traps violate constitutional rights. Gather the evidence legally. Indict or charge. Convict or dismiss. Acquit, set free and make whole. There should never be an exception to anyone, for any reason or under any circumstance, for the use of, “fruit of the poisonous tree!” 

Anyone (any citizen), charged and found guilty, by way of “fruit from the poisonous tree,” should have all charges dismissed, their rights restored and restitution made to them, for any loss. Anyone that relies on or uses “fruit of the poisonous tree,” should suffer the consequences and/or be made to pay, for using “fruit of the poisonous tree.”

Without exception (without interpretation), I do not want the guilty to go free, but neither do I want the innocent to be bound due to, “fruit of the poisonous tree!”

The damage done to our Republic and to individuals these past several years is innumerable and not because of the doctrines to protect the individual’s (all individual citizens) rights. It is the exceptions (interpretations), in using, “fruit of the poisonous tree!”

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The Making of Faking

March 12, 2017
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By Dahni
© 2017, all rights reserved

Making Faking

 

As this unfolds, Yes, Yes we are, embarking on a journey to discover, ‘The Making of Faking!’

Please Note: This article is not dependent on if you are a Democrat, Independent, Republican, some other political party, male or female, your religious or non-religious convictions, who you voted for, for president last November 2016 or if you like or do not like the current occupant of the White House! It does however; depend on whether you are a U.S. citizen and if you care about your Life, Your Liberty and Your Pursuit of Happiness!

 

For quite sometime now, the media is full (almost daily) of reports on:

  • Russian hacking of our election
  • The Trump campaign in collusion with the Russians to influence the election in his favor
  • Shakeup in the Whitehouse of firings/resignations/declinations to serve based on Russian ties
  • Suspicion of corruption or collusion with the Russians with members of the Trump administration
  • Wikileaks dumps (Vault 7) over 9,000 documents
  • Wiretapping of U.S. Citizens or No wiretapping
  • Former President Obama’s purported Shadow Government to take down President Donald Trump
  • Calls for Impeachment of Donald Trump
  • The Intelligence Community agreeing or not over wiretapping and/or possible collusion with the Russians and the Trump Administration, before and after the presidential election in November, of 2016
  • Calls for investigations from numerous sources
  • Calls for a special prosecutor to investigate these matters, from numerous sources
  • Fake News (actual and fake, fake news)
  • LEAKS

The last on the list above perhaps should be, first on the list. For this post, it should be! The number two should be, the word, FAKE. To be even more clear, first one fakes something (or sites something they known or unknown to be fake) and then they purposefully and intentionally or unwittingly, leak it (or cite leaks by others).

Maybe you are sick and tired of all of this? Rightfully so. Being bombarded with this stuff so much and so often, perhaps you don’t or no longer care? That’s understandable.

Perchance you have closed your mind to all of this because, it is too difficult to understand, figure out or even prove to yourself, what is and what is not true? That is a common reaction. But each of us should care and by the end, it is my hope; my intention that each of us do, and with a view to understanding all of it. And especially, with a further view as to what each of us can do about. Yes, each of us because, it is affecting and effecting our lives, each and every day!

Before continuing here, I would like you to know that I was a trained, investigative reporter. Though I have not been employed in this field for years, I maintain the skill set. I know how to research and source material, content and people, places and things. I am here, offering each of you, the benefit of my training. True journalism just reports. True investigative journalism, first investigates and then, it reports. This is not an editorial, my opinion or my theory or my speculation! It is based on what facts exist, which anyone can find, look up and know, that they know, that they know.

Some of the information I will provide here, does not require the intelligence community to reveal it, Congress, any court or any government agency, forced to provide it to the public. Most of it, just requires some investigative research (which I am providing) and just a fundamental understanding of how things work like, email and email servers – those storage devices that allow information to be sent and received over the Internet.

This begins with Edward Snowden. He was a whistleblower that leaked information about our own government about many things, which was and may well be still, engaged in. What things? Things like capturing what we previously believed was private information, from every citizen in the United States. Although his motives for, and the consequences of, doing so, may be subject to opinion, the content of those leaks has not been disputed. How could it be because, it was accurate! This information can come from a multiple number of sources i.e. a cell phone, and any e-mail address among other things. Our government collects and stores this information. What used to be, for all of us as, a reasonable expectation of privacy, has now become something you should be vehemently, adamantly and emphatically concerned about because now—

There is No Reasonable Expectation of Privacy!

What about our Constitutional rights? What about our right to be secure in our papers and etc. and our intellectual property? Not anymore! You and I should be concerned about that! But what about the Law (the Constitution) and other existing laws? Aren’t there laws in place to protect? Yes, Yes there are, but most often, to protect those that break the Law or laws.

This continues with the latest news about surveillance or what we understand as wiretapping. It is believed that a warrant must be obtained from a court, in order to wiretap. Enter, the FISA Court. FISA, The United States Foreign Intelligence Surveillance or simply, FISA Court (FISC). It is a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies. Is there anything in the above information that suggests this may be obtained from a citizen of the United States? No there is not! But if this communication is between a foreign entity and a U.S. citizen, a warrant may be granted by the court. Like any warrant, there must be sufficient evidence, for a FISA Court judge to grant the warrant.

So now let us go back in time from the present (March of 2017), to around October last, then June and earlier of 2016.

President Donald J. Trump under his personal Twitter account tweeted on March 4, 2017,

“Terrible! Just found out that Obama had my “wires tapped” in Trump Tower just before the victory [referring to the November 2016 election]. Nothing found. This is McCarthyism! …Is it legal for a sitting President to be “wire tapping” a race for president prior to an election? Turned down by a court earlier [this would have been in June of 2016]. A NEW LOW! …I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones [would include email too] in October, just prior to election! …How low has President Obama gone to tap my phones [and data] during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”

Donald J. Trump
twitter.com/realDonaldTrump 3.4.17

 

This sure set off a firestorm! What was the proof? Is there any? What were some of the responses to these accusations?

“A cardinal rule of the Obama Administration was that no White House official ever interfered with any independent investigation led by the Department of Justice. As part of that practice, neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen. Any suggestion otherwise is simply false.”

Obama Spokesman Kevin Lewis

Is the Attorney General that works, for the president, in the White House? No. So yes, one could president Obama never interfered in an investigation and maybe that he never instigated one either? But did he tell his AG to do it or did she know that is what he would have wanted her to do?

“I think he’s [Trump] right in that there was surveillance and that it was conducted at the behest of the attorney general-at the Justice Department.”

Former Attorney General to President George W. Bush, Michael Mukasey

“No president can order a wiretap. Those restrictions were put in place to protect citizens from people like you [Trump].”

Former Obama National Security Adviser, Ben Rhodes

Rather than decide who is right and who is wrong from the apparent contradictory statements above, how about a novel approach? Let’s look at one, actual law.

Excerpt from the U.S. Code

Chapter 36 of Title 50 of the U.S. Code “War & National Defense” ,
Subchapter 1, Section 1802

 

Does this law begin with the President then proceed to the Attorney General? Yes. So Could it be said that the president may order such surveillance? Yes. May it be interpreted that the Attorney General if so ordered, the president did not order it? Yes. Semantics? Perhaps, but understand all these people who serve in a presidential administration are not elected, they are appointed by the President; many of which are confirmed by Congress, but they “serve at the pleasure of the President!”

“Definition of at the pleasure of (someone) — used to say that something is done or can be done because someone wants it to be done, I serve at the pleasure of the president, and I will continue to serve as long as the president wants me to.”

Merriam Webster Dictionary

“I can’t speak officially anymore. But I will say that, for the most part of the national security apparatus that I oversaw as DNI [Director of National Intelligence] , there was no such wiretap activity mounted against his [Trump’s] campaign. I can’t speak for other Title Three authorized entities in the government or a state or local entity.”

Former Director of National Intelligence, James Clapper

When he was asked to confirm or deny the existence of a FISA court order, Clapper claimed, “I can deny it.” He then followed up with, “Not to my knowledge.” Well, which is it, does he deny it or just doesn’t know? Doesn’t want to say?

His statements were widely spread across the media, but his later claims were mostly ignored by the media. In an interview with CNN’s Chuck Todd, Clapper was asked—

“Let me ask you this, does intelligence exist that can definitely answer the following question, whether there were improper contacts between the Trump campaign and Russian officials?

Chuck Todd, CNN

“We did not include evidence in our report, and I say our, that’s NSA, FBI and CIA with my office, the director of national intelligence that had anything— that had any reflection of collusion between members of the Trump campaign and the Russians. There was no evidence of that included in our report.” 

James Clapper

“I Understand that, but does it exist.”

Chuck Todd, CNN

“Not to my knowledge.”

James Clapper

Understand that this information about whether or not such surveillance was performed to which there would be a paper trail, is juxtaposed (side by side) with the longstanding theme of Russian hacking, interfering with our election in favor of  Donald Trump, winning that election. And if the scenario is true, Russian hacking is believed to be the cause for why, Hillary R. Clinton lost the election.

Now, right now it should be clear to anyone that our intelligence agencies are either incompetent or cannot be trusted to tell the truth! Both? If the idea of Russian hacking persists, how can it be denied that the intelligence community did not know about it if, they deny surveillance being ordered? This appears to be exactly what Clapper seems to wants distance away from. If our election was hacked by the Russians (and it sure appears our intelligence agencies were clueless), and since there is no evidence to support this, how would he know or would they (the Intel. Community) know, without some data? So, were we hacked? Was Trump “tapped?”  Is it one or the other or both? Let’s look at the credibility of the former Director of National Intelligence, James Clapper.

In March of 2013, then as DNI, James Clapper testified before Congress, under oath, regarding the National Security Agency’s (NSA) collection of data.

Oregon Senator Ron Wyden asked, “Does the NSA collect any type of data at all on millions, or hundreds of millions of American?” “No sir,” Clapper answered. To confirm, Senator Wyden repeated clapper’s answer— “It does not?” James Clapper responded— “Not wittingly. There are cases where they could inadvertently, perhaps, collect, but not wittingly.”

Which is it, wittingly (knowingly) or unwittingly (without knowing)?

In January 2014, Edward Snowden said his “breaking point” which led to him becoming a whistleblower in May 2013 was “seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress.

“There’s no saving an intelligence community that believes it can lie to the public and the legislators who need to be able to trust it and regulate its actions. Seeing that really meant for me there was no going back. Beyond that, it was the creeping realization that no one else was going to do this. The public had a right to know about these programs.”

Edward Snowden

Just so it is perfectly clear, this is about not just warrant-less surveillance on just a few, but anyone and everyone the intelligence community sees fit to target. Now here is an ill-logical, logical reason for this. If you collect data from everyone, sooner or later it will surely lead to some potentially bad stuff/people or some bad stuff people who you or I may have wittingly or unwittingly, had some form of communication with or that used us to receive and send information. I’ll call it the ‘Spaghetti Effect.’ If you throw all the spaghetti (all data) against the wall, sooner or later, some of it is bound to stick!  I cannot answer for you, but I’m NOT OK with this! Even if you believe your data is harmless and you have nothing to worry about, do you trust the Intelligence Community to not use it against you if, it suits their purposes? I certainly don’t! Too much information in the hands of humans with opinions and purposes that are not in line with the Constitution and my personal Life, Liberty, and Pursuit of Happiness is, a very, very dangerous thing!

On June 21st, 2013, just about three months after he testified under oath to Congress, then Director of National Intelligence James Clapper said the following:

“My response [to Congress] was clearly erroneous for which I apologize. While my staff acknowledged the error to Senator Wyden’ staff soon after the hearing, I can now openly correct it because the existence of the metadata collection program has been declassified.”

Former DNI, James Clapper

OK, so you apologize for lying under oath, but it’s OK? He is really not guilty of perjury in the least or multiple perjuries? OK, does this make you feel any better or trust the Intelligent Community any more? Not me! Was it OK for Clapper to lie under oath to Congress because, the information then, was classified? And if not for Snowden leaking the information, how would anyone know or maybe even, ever know?

What matters is not whether you or I believe Snowden was a patriot or a traitor. What matters is the reach and over-reach of our servants in the government of US, WE the People? Can we trust them? Can we trust them to keep secrets? Can we trust them not to leak secrets?

With those matters out in the public, wouldn’t you think the Intelligent Community would scale-back or hide or change their ways? Wouldn’t you expect Congress to reign in the Intel Community or cut their funding? I would and I do! Perhaps they are reluctant to do so because, like you and I, all of their data is stored too? Maybe they don’t want their data leaked? Maybe they don’t want to be fired or arrest or have their lives and the families and their friends lives be put in jeopardy? But look at the following from January of 2017, even before Donald Trump was sworn in, as the 45th President of the United States.

From the Office of the Director of National Intelligence

Fact Sheet on E.O. 12333 Raw SIGINT Availability Procedures

January 12, 2017

On January 3, 2017, the Director of National Intelligence, in coordination with the Secretary of Defense, issued the “Procedures for the Availability or Dissemination of Raw Signals Intelligence Information by the National Security Agency under Section 2.3 of Executive Order 12333” (the “Raw SIGINT Availability Procedures”).  The procedures were approved by the Attorney General on January 3, 2017.

The procedures are called for by Section 2.3 of Executive Order (E.O.) 12333, as amended in 2008.  The last paragraph of Section 2.3 of E.O. 12333 provides that elements of the Intelligence Community (IC) may disseminate information to a recipient IC element to allow that element to determine whether information “is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director [of National Intelligence] in coordination with the Secretary of Defense and approved by the Attorney General.” [1]

Executive Order 12333, often referred to as “twelve triple-three,” has attracted less debate than congressional wiretapping laws, but serves as authorization for the NSA’s most massive surveillance programs — far more than the NSA’s other programs combined. Under 12333, the NSA taps phone and internet backbones throughout the world, records the phone calls of entire countries, vacuums up traffic from Google and Yahoo’s data centers overseas, and more.

In 2014, The Intercept revealed that the NSA uses 12333 as a legal basis for an internal NSA search engine that spans more than 850 billion phone and internet records and contains the unfiltered private information of millions of Americans.

In 2014, a former state department official described NSA surveillance under 12333 as a “universe of collection and storage” beyond what Congress has authorized.

NSA whistleblower Edward Snowden, who gave reporters documents that revealed the breadth of the 12333 surveillance, tweeted this:

“As he hands the White House to Trump, Obama just unchained NSA from basic limits on passing raw intercepts to others https://www.nytimes.com/2017/01/12/us/politics/nsa-gets-more-latitude-to-share-intercepted-communications.html …”

Edward Snowden
twitter.com/Snowden
11:54 AM – 12 Jan 2017

So if you would like to believe that the then president Obama, had nothing to do with this, then so be it, call it, “plausible deniability.” But these changes occurred in his administration and just days before the next president was sworn in and took up residency in the White House.

What does this mean to you and me? What does it mean to the Intelligence Community? Sharing information among the agencies can be a good thing, but what else? A better question is this, what lately, has the Intelligence Community being doing with this information? LEAKING it! Where is it being leaked to? The media or Wikileaks latest dump of some 9,000 documents called, ‘Vault 7.’ Where is there journalistic integrity among the media? Is it OK to publish illegal information that should have never been given them in the first place?

Every single one of US U.S. citizens should be greatly concerned about this! Our own Intelligence Community is leaking information they cannot legally give. They have one job and that is keeping secrets and keeping their mouths shut. Is it any strange thing that better than 90+ % of all the IC donated to other than Trump, voted for other than Trump and is still at their jobs within the present administration? OK, so they don’t like Trump. Does this give them any grounds to illegally leak this information to the press? Do you realize this is a criminal offense; a federal crime, a felony? Is the media complicit in the transmission of this illegally gotten information? Should they be arrested, tried and convicted too? And they do this in the name of protecting anonymous sources? Are they just fake people or are they real people that do not want to be caught, found out breaking the law?

OK, let’s move along to another subject, albeit one that is connected and in fact, may be central to this whole Russian hacking and the wiretapping controversy . It’s called, e-mail.

Before we go into email, it is important to get our terms correct. Hacking is an attempt to get into devices and systems without authority, for the purpose of discovering information from outside of the device or the system. Yes, it could be done on purpose to discover any vulnerability of the devices and systems, with a view to improvement and greater security. But when speaking of Russian hacking, the purpose is believed to have affected, the outcome of our recent presidential election. Leaking is not hacking, per se. The information might be gained from hacking and then, leaking the information. But why would anyone, want anyone to know, they hacked your stuff by leaking the information? Would this possibly close the door to one doing anymore hacking, at least in the ways it was done prior to leaking it? No, the current leaks coming from our government to the press are, coming from our inside our own government.

Remember the Email Scandal involving Hillary Clinton? Whether or not she did or did not do anything wrong may or may never be known. But the fact is, she did have a private server installed in her home, outside of the government. Another fact is, it was found out and that she did indeed, had a private server. That information was leaked to the press and the public at large. Why did she have such a server in the first place? Perhaps she had much, she wanted to hide? Maybe it was, that she, far better than you and I, knew, about the government’s collection of data and did not trust it herself? It could also be possible, it was both of these. Before we get into the possibilities of HOW this was leaked, the question is WHY her use of a private server would be leaked. There are only two possible reasons:

  1. To discredit her, to cast doubt on her credibility; to suggest she was doing something wrong, even if not. This is purely political.
  2. To illegally leak information about a possible ongoing criminal or potentially criminal investigation. This could have been political and it could have been from whistleblowers that right or wrong, believed the government was doing something wrong, i.e. trying to cover it up. Even so, those leaks even if true, are still illegal.

So, HOW could this information get found out? We already have looked into the massive collection and storage of data by the Intel Community. But an email server is used to send and receive information privately (Intranet) and over the Internet.

E-mail servers are devices and systems used to do this. As information comes in or goes out, this data is coded (computer language) in the form of packets. It is highly possible if this information is not encrypted, for others to snag this information out in cyberspace at some point after it is sent and before it is received, by the recipient. Another way is to hack into the system and have access to whatever goes out or what comes in. Another way is to log onto the system by way of a user name and a password. There are ways to discover one’s password if it is not long enough; strong enough. We know that the Democrat Convention was compromised. It has been blamed on Russian hacking and many may still hold to this belief. We know that much of this information was leaked to Wikileaks. At the forefront of this was, John Podesta. Through him, this information was leaked. How? A simple ‘fishing’ program was used to discover his password, which was, password! Some believe that someone within the DNC leaked this. Some believe that person ended up being murdered.

Email and email servers if used to transmit information over the Internet have, what we call, a ‘paper trail’ even if just digital as opposed to real paper (unless it is printed). This information is registered. It is extensive. It is public. These ‘whois’ searches include such things as the name of the server i.e. hillaryclinton.com or mail1.trump-email.com or mail.trump-email.com, physical address, the registrar such as, goddaddy.com, telephone number, fax number and administrative contact email and many other items.

It is no secret that politicians tend to smear, lie, spread rumors and cast doubt about their their opposition. Donald J. Trump was definitely trying to exploit Hillary Clinton’s private email server during the presidential campaign of 2016. Chants of “Lock Her Up” could be heard long loud and often, at many of Trump’s rallies.

It is now understood that in June of 2016, then Attorney General, Loretta Lynch (or a deputy/assistant attorney?), tried to obtain a FISA warrant to tap into Donald Trump’s e-mail server, for possible ties to Russia. It was denied likely because, it was lacking sufficient evidence. Perhaps coincidental, but this request in June, happened to be around the time that Former President, Bill Clinton, met with AG, Loretta Lynch on the tarmac at Phoenix Sky Harbor International Airport.  Another request for a warrant was filed again with the FISA court in October, and was granted. So here is the question, what changed from June to October? What evidence existed that caused the FISA court judge to grant the warrant? Was it evidence or suspicion, due to the unusual amount of activity, found supposedly, coming from Trump’s server and a Russian bank? OMG, Did Donald Trump have Russian dressing with his salad? OMG he must surely be in collusion with the Russians? Yes, something that ridiculous, spread long enough enough could cause doubt and start to stick. But their had to be more data than just one bottle of Russian dressing for the Intel Community to get involved. There was and we shall see, it’s all the ‘Making of Faking.’

From May 4th –September 23rd, 2016, there were over 2,800 ‘hit’s’ called pings from a Russian bank and Trumps email server. Then in October of that year, the warrant was granted. How did anyone know about this unusual activity in the first place, before June, when in June, the first warrant was denied? How could they present sufficient evidence in October to receive the warrant if, Trump’s email was not already being looked into? Was all of this leaked? What were these pings?

On October 31st, 2016, two articles appeared from the press. One was from Slate and the other was from, The New York Times. On the same day (10-31-16), Hillary Clinton tweeted:

“Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.”

Hillary Clinton
twitter.com/HillaryClinton
10-31-2016 5:56 PM

 

What computer scientists? Who were they? What covert server? Where was it? How did they know? Who told Clinton, Slate or the New York Times?Two articles and one tweet all from leaked, unnamed, anonymous sources and all of it illegal, started the spread of doubt which continues to cloud the integrity of the United States Intelligent Community to this day! Not only do WE the People not trust our government, many of our allies have doubt. Do you see what a dangerous game is being played, for whatever the motives might be, well-intentional or not; wittingly or unwittingly? A game? A dangerous game? If their is something to the Russian hacking and the Trump Organization’s collusion with the Russians, so be it. But there is no evidence? And there is still no answer as to the government’s role in surveillance which included private citizens. The government can deny it all they want, but they’re in it “thick as thieves.”   Somebody thought I wonder if or let’s say there is suspicion of wrongdoing here so let’s use the the Intel Community to check it out. Well, look at this, nothing. Then again in October, well look at all the activity, look at all those pings!!!

Well back to those pings. For a simple explanation for what are referred to as a DNS (domain name server) lookup, think of them initially as, a request for information. It’s like— hello, are you at home right now, is this really you. You are simply trying to establish some communication and verify you are communicating with who you are intending to reach or that is attempting to contact you.

There are other ways to try to communicate with a device or system. You might just want to leave ‘cookies’ to see where the server goes onto the internet. Many businesses use ‘cookies.’ They may be harmless, but nonetheless, they are like intruding little unseen spies, removed when you clear your Internet cache. It can get more and more sinister. One might want to try out different keys (passwords) to see if they can get in through your front door or maybe some other door. They may look for some open windows or doors, some unsecured ports that would allow them entry.  These hacks and cracks might be used to just break in and steal our stuff one time, destroy the place or leave a back-door to get in at anytime and steal and/or break stuff little by little. And they may want to exploit your device or system, by using it to contact other devices and systems and blame you for it.

So, somewhere between May-June of 2016, Trump’s email server got pinged over 2,800 hundred times. If it was just a simple hello is this you (DHS) request, this article would never have been written, and no one would be talking about Russian hacking and U.S. wiretapping (all data from whatever source). It was more than just the volume of pings which alerted attention and caused a judge to grant a warrant. The activity was just unusual. What does that mean? I do not know, but it was unusual.

I have included the following link to a CNN article that does a good job of explaining much of this rather than just speculate, which many believe CNN does often. CNN has been called the Communist News Network, the Clinton News Network and just the Fake News Network. I am not a fan of CNN, but the article linked, offers a pretty good explanation as to this unusual activity. As I explained earlier, mail. trump-email.com is a current and legitimate server. So was mail1.trump-email.com. The Trump organization employed a marketing firm called Cendyn out of Pennsylvania. The administrative email contact was a vice-president of the company and coincidence or not, she is related to a former CIA agent.

http://www.cnn.com/2017/03/09/politics/fbi-investigation-continues-into-odd-computer-link-between-russian-bank-and-trump-organization/

Click to read the above article and look for the links and click on the Slate and the New York Times articles as well.

OK, you and I know somewhat about, what marketing firms do, especially if we have ever stayed in a hotel or a motel. We went, we stayed; we receive emails (spam) about wanting us to return, about their other services and perhaps a lot of other things. You do realize that Trump Tower is among other things, a hotel right? People associated with the Russian bank in question, have stayed at Trump Tower. But the communication was one-way. There is no evidence that the Trump Organization ever returned the communication.

So, there was this server mail1.trump-email.com that was being administered by Cendyne a marketing firm in PA. At some point they were replaced by a German firm, but that server still existed and technically was still being administered by Cendyne. Were they or was the vice-president who was the administrative contact listed under email contact, mad about being replaced? Did they want to get back at Trump for outing them or try to cast doubt on Trump because, they favored Clinton for president? I don’t know. But that Russian bank had admitted receiving marketing email from Trump Tower in the past, but when they noticed the unusual amount of activity, supposedly coming from them, they used U.S. specialists to try to solve this. Their investigation and research showed this came from somewhere in Europe. Well, of course we would expect them to deny it, but what actually was done? A whole bunch of communication, supposedly from them to mail1.trump-email.com was sent, but no evidence was ever responded to. Then, when the Trump organization discovered their email server (address) was being used, they took it down. Next, the collusion with Russia conspiracy theory continues, see there, Trump is trying to hide something, he got caught with this email server and took it down?

Well, you can continue to believe that if you so desire. You can blame the Russian for hacking the DNC, trying to manipulate the election, trying to get Donald Trump elected, and that he was and/or is, in collusion with Russia, that there were or was not attempts to wiretap the Trump Organization or that it never happened. And you can believe that he is an illegitimate president, that he and the Russians cost Hillary Clinton the election. You can believe that his appointments had or have Russian connections. As for me, and this article and the research contained herein proves only one thing.

Someone or someone(s) (that would be collusion), conspired to make it look as if, Donald J. Trump was and/or is, in collusion with Russians. I don’t know who did this, exactly how it was implemented, where it originated (likely someplace in Europe), but the only evidence to support the requests for two separate FISA warrants and any surveillance originated in our country, by our Intelligence Community and during the Obama administration.  Is Obama running a shadow operation to discredit or try to impeach Donald Trump from his presently rented home just about two miles from the White House? I do not know. Iis he doing all of this to try and preserve his legacy at the expense of to hell with the law, intelligence, secrecy and protection of our Constitutional rights? I do not know. Has his former advisor/attorney Valerie Jarrett been given a room and an office in this home as several media outlets have reported? I do not know. Has Valerie Jarrett’s daughter, Laura (also a lawyer), been hired by CNN to cover Washington D.C. Politics and etc.? Yes? Does she have a journalism degree, background or expertise? No!

So in conclusion here, this entire so-called scandal is nothing more than, the ‘Making of Faking.’

People that believe something nefarious or evil is at the center of this controversy, are not faking what they believe. That could change, especially if, nothing to the contrary comes out, but then again maybe not. People believe what they believe whether it is factual or fake.

“You can lead a horse to water, but you cannot make them drink. You can lead a man [or a woman] to the truth, but you cannot make them think.”

-unknown-

“A man [or woman] convinced against their will, is of the same opinion still.”

-unknown-

Oh those pesky facts, alternate or alternative facts! But one more thing can be added here, our own government, our Intelligence Community and the previous administration has been involved with fake information, leaked that information and is in CTA (cover their ass) mode about their reach and over-reach against Our Constitution, Our rights, beyond the scope of Congressional oversight and is an out-control, illegal, clandestine operation of espionage against their own country and their own employers, US, WE the People! Fictionally Legally (legal fiction) or not so legally, they might defend, but they are guilty of if not treason, at least in not honoring their oaths of office to protect and defend the United States and Our country, you and I, against all enemies foreign and domestic. And for what? For what purpose? To continue the making of faking, unanswered and answering to no one especially not their employers, WE the People who are supposed to serve at Our pleasure because, most are not even elected. If WE do not put a stop to this, who will? In this, they are our enemies from within and they are not our friends!

You have just read a report. It has been reported on by the tools of investigative journalism. Your conclusions are your own. Sorry, there are only two pictures provided in this post. You will just have to get the picture, on your own, make up your own minds, but this is truly about and has been about and remains, the ‘Making of Faking!’

 

1 of WE,

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Everything We Consume is Safe – It’s The Law?

April 3, 2015

by Dahni

© 2015, all rights reserved

In another one of my WordPress blogs, Dirty Little Secrets , I posted this under a different title, ‘The Dirty Little Secrets of the Pusher.’  Chapter 24.  There it contains added information, which is more appropriate to the intents and purposes of that blog. Both there and here, it is my intentions to include them both, in chapters of two future books in process. Here, it is intended to be included as a chapter of, (Apple of Gold in a Picture of Silver) which is, a sequel to RESET “An UN-alien’s Guide to Resetting Our Republic.” But here, as well as there, ‘The Pusher’ is, one and the same!

The Pusher?

Yes, the pusher. You know, a person or persons that sells illegal drugs.

Well, what does ‘The Pusher’ have to do with, ‘Everything We Consume is Safe – It’s The Law?

Pusher1

 The argument:

WE the People of the world, DEMAND brighter, better tasting, more flavorful, bigger, more rot-resistant, disease-resistant and cheaper – fruits, vegetables and meats! Farmers DEMAND, higher yields! World hunger and world emotional response to starvation, DEMAND all of these things! What is the cost or price paid, for the delivery of these DEMANDS? The simple answer is, are these SAFE?

The burden of proof is upon Monsanto or any such entity that produce GMO’s (genetically modified organisms) or any such supposed or purported food additives or food modifications to ANY AND ALL FOOD distributed in the United States of America. By definition, this would include: from the air – to the water – to the soil – to plants – to animals – to human consumption or use. HAS THE BURDEN OF PROOF BEEN MET?

These things would also apply to Pharmacology and the practice of Medicine. Are not Pharmacological firms which produce “additives” that are ingested, consumed and/or absorbed, chemical companies? Is this not what Monsanto and such as they are, ALL chemical companies? Familiarize yourself with the following: “generally recognized as safe” (GRAS)!

Answer the following question, for yourselves, after doing your due diligence to research this for yourself. You would need to just look on the shelves of ANY grocery store. Is the DEMAND, for natural food supplements and/or” organics” less, the same or ON THE RISE? Once more, familiarize yourself with the following: “generally recognized as safe” (GRAS)!

Leave that question for the time being. Is the DEMAND, for alternatives (“alternative medicine”) to traditional medicine less, the same or ON THE RISE?  Look on the shelves of any grocery store! Familiarize yourself with the following: “generally recognized as safe” (GRAS)!

I ask again, of you or any such chemical company, are these things produced that we consume or use, “generally recognized as safe” (GRAS)? HAS THE BURDEN OF PROOF BEEN MET?

Pusher3

What DEMANDS these burdens to be met? Public law!

What agency of the Federal Government is charged with monitoring, administrating, enforcing and executing this law? The U.S. Food and Drug administration (FDA)!

Has the FDA, is the FDA – DEMANDING this burden of proof to be met? Are they not charged by law to: monitor, administer, enforce and execute the law in which, they are charged by law to do? What law?

The Food Additives Amendment of 1958 is a 1958 amendment to the Food, Drugs, and Cosmetic Act of 1938. It was a response to concerns about the safety of new food additives. The amendment established an exemption from the “food additive” definition and requirements for substances “generally recognized as safe” (GRAS) by scientific experts in the field,

General Premise or Purpose of the Law:

“An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of additives which have not been adequately tested to establish their safety.”

Pusher2

There you have the law, ladies and gentlemen. It is still on the books! It is still active law in, the United States Code (USC)! It has NOT been rescinded, canceled or overturned by any Congress, President or Supreme Court! It’s still the law!

Have the DEMANDS of burden of proof been met? Have the DEMANDS of the FDA been met?

It is a simple enough solution that can be remedied by a pen! All the President of the United States need do RIGHT NOW is, to sign either an executive order or presidential memorandum (either or have the same effect)[1], DEMANDING that the FDA enforce the law that they are already charged to execute! Why has NOT or is this NOT being done?

I have not mentioned other agencies, branches, departments or other entities in and out of Federal, State or Local government, which are involved. The facts are, almost every single one of them are! The term “thick as thieves,” comes to mind. Why is this?

How could our own country, our own countrymen and women do this to us, WE the People? Surely I’m making this all up? Surely we can trust our government, our food and cosmetics, all the things we purchase and use in our homes, for our babies and children and from bathing, to cleaning and etc.?  Are these ALL, NOT DRUGS or CHEMICALS? WAKE UP!

Now I’m not suggesting that any one of us, WE the People “wake up” to embrace the conspiracy minded folks that believe our government is out to get us!!! The truth is, I DON’T KNOW THAT TO BE TRUE! But I do know, whether by intent or just plain ignorance, it is a corrupt system!

From BIG MONEY ADVERTISING to the media, business and Wall Street and BIG MONEY LOBBYING– to Washington, D.C.– to the FDA– to the Farm and to our homes and tables, we have all been bought and paid for and sold, a bill of goods!!!!

In another century, in the old west, this stuff was simply called, ‘Snake Oil’! Today, just because, this ‘snake oil’ has not made us sick or killed us, does not mean it’s still not what it is, ‘snake oil!’ And just because the ‘snake oil’ sellers said it was good for us, and the labels tell us it’s good for us, does not mean, it’s still not – just ‘snake oil.’ And just because the sheriff (FDA) has either turned a blind-eye or have not run these ‘pushers’ out of town, does not mean it’s because, our ‘snake oil’ is safe! Do we really know what’s in it and what is not? And just because there exists some legal ‘mumbo-jumbo’ or “disclaimer,” does NOT mean those responsible are excused from the Burden of Proof or not to be held accountable! They are, they, whomever you are!  These things are NOT our burden to prove, it is the burden that we all bare and that we all share!

Under law, the law has been usurped or laws made to not enforce the laws that are still, laws, on the books! Yes, it is a corrupt system! Those that are bound by oath, have so bound themselves to all these laws, that even if they wanted to, they could not change them!

It is as if, they were like blind hamsters, in a cage, blinding going nowhere and are just spinning an endless wheel, never, ever stopping, always turning and making a mess.

Pusher4

The cage or the room is, as if, it were our country! The wheel is, as if, it is us, WE the People!

In a country of over 300 million people, a president, a few hundred members of Congress, the 12 Supreme Court judges and all those which work for these three branches of government (actually for us), make all the rules, regulations and laws that affect all of us. When did the needs and wants of these few, become greater than the needs and wants of the many – the rest of us, WE the People?

If government has so bound themselves that even they cannot change these things, then the only remedy; the only solution is for us, WE the People to change these things! WE need to RESET!

If you think or believe that I am just trying to frighten you, I have exaggerated, am mistaken or that I am lying about any of this, then prove me wrong and I will cease and desist or just shut-up! If you are too busy or just don’t care to do that, then prove me wrong, for those others that may read this. If you think or believe that everything is Okey-Dokey, Peachy-Keen, Just Fine, OK, Copasetic and Safe, then prove to me I am wrong. If you are still too busy and just don’t care about any of this or me, are you absolutely sure these things are SAFE, for the future of your children?

If you think or believe that there is nothing you can do about any of this, think again and believe differently! You need to understand who you are! You are, one of WE the People, endowed with, endued with and imbued with immense power! WE the People are the power of government. Our government is– of, by and for us, WE the People!

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

 excerpt from: The Declaration of Independence, 1776

WE the People, need to RESET our Republic, rid ourselves of ‘The Pusher,’ and reclaim our sovereign rights to ourselves and our posterity!

To accomplish this, I invite you to read, purchase or borrow, RESET “An UN-alien’s Guide to Resetting Our Republic.” To find this or locate it, just Google it, Bing it or Yahoo it! Or leave a comment and just ask. I will provide you with the required information

[1] an executive order or a presidential memorandum are both, presidential actions and carry the same force and effect. The difference between the two are very subtle. Since President John F. Kennedy, an executive order must be numbered and listed in the registry and must state the law or laws, for its basis. A presidential memorandum has NO policy or guidelines as to its construction, is NOT numbered and does NOT have to cite any law or laws for its basis! It is published in the registry, but how difficult is it to find something that is not numbered or how difficult is it to test its validity, if it cites no law or laws for its basis???

Legal Fiction (an Introduction)

March 2, 2015

Short url link to this post: http://wp.me/pGfx1-mF

By Dahni
Copyright © 2015, all rights reserved

LegalFiction2First, what is legal fiction and why is it or should it be important to you?

Each word in the phrase separately is easy enough to understand by almost anyone. “Legal” because, it is just that, legal. “Fiction” because, it is just that, it is fiction. Fiction as in contrast to non-fiction, does not exist; it’s not real; it’s imaginary; it’s made up. When combined, these two words together, don’t appear to make sense, make no sense at all or they are, just, nonsense. But to lawyers, judges, law and courts, there is a different point of view.

In ancient Greece, rhetoric was used to convict someone of a crime when, everyone knew they were guilty of the crime, but there was NO circumstantial evidence to convict. Let’s suppose the crime was, for stealing a neighbor’s chicken. No one saw it being stolen, but the chicken just happened to appear on the suspect’s property. There was insufficient evidence, but again, everyone knew the suspect stole the chicken. But they did not want the suspect to get away with the crime. So, since the chicken was found on their property, it was ‘as if,’ they were guilty of theft, even though technically, the crime would have been possesion of stolen property. This is an example of, “Legal Fiction.’

Another example from ancient times that still applies today is, adoption. An adopted child or person is not a biological heir, but adoption makes it possible ‘as if,’ they were and affords them all the rights and privileges bestowed upon them by, those that adopt them. It is a legal proceeding that is awarded and protected by the law.

What if you were to discover that the very United States of America you live in is, ‘as if,’ it were real, but is really just, ‘Legal Fiction?’ Would this be important for you to understand? What if, your rights have been infringed upon and your money has been confiscated ‘as if,’ this is was ‘purely’ legal. Would this be important to you? OK, maybe you think NOT, but what if you and every citizen of this country is owed a lot of money and you are, do you want it back?

As this introduction continues, please remember the two keys words in understanding ‘Legal Fiction’ and they are, ‘as if.’ Legal Fiction is, ‘as if,’  it was real. Let me share now. some terms and definitions from my book, RESET “An UN-alien’s Guide to Resetting Our Republic.”

'Legal Fiction' - Just because, it's legal, does NOT make it real and just because, it seems real, does NOT make it legal!

‘Legal Fiction’ – Just because, it’s legal, does NOT make it real and just because, it seems real, does NOT make it legal!

Legal Fiction 

“In the common law tradition, Legal Fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. They typically are used to evade archaic rules of procedure or to extend the jurisdiction (authority) of the courts in ways that were considered useful, but not strictly authorized by the old rule.”

“Legal Fictions were used by courts prior to the existence of handling offences. In a situation where one person sells stolen property to another person, they can then be accused of handling stolen property. Legal Fiction has been used to declare that: as the first person did not have the power to sell the property to the second person, the second person in possession of stolen property was considered to have also, stolen the property, and was therefore guilty of theft.”

“According to Black’s Law Dictionary, 804 (5th ed. 1979), “The term “Legal Fiction” is not usually used in a pejorative way in spite of the negative connotation of the phrase, and has been characterized as scaffolding around a building under construction.”

“A maxim or a short, pithy statement expressing a general truth or rule of conduct as it compares to “Legal Fiction” is:

“Fictions arise from the law, and not law from fictions.”

Unknown origin

FICTION OF LAW (Legal Fiction). The assumption that a certain thing is true, and which gives to a person or thing, a quality which is not natural to it, and establishes, consequently, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. It is an order of things which does not exist, but which the law prescribe; or authorizes it differs from presumption, because it establishes as true, something which is false; whereas presumption supplies the proof of something true. Dalloz, Dict. h. t. See 1 Toull. 171, n. 203; 2 Toull. 217, n. 203; 11 Toull. 11, n. 10, note 2; Ferguson, Moral Philosophy, part 5, c. 10, s. 3 Burgess on Insolvency, 139, 140; Report of the Revisers of the Civil Code of Pennsylvania, March 1, 1832, p. 8

Bouvier’s Law Dictionary 1856 Edition

John Bouvier published three editions of his Law Dictionary in twelve years, the first in 1839. He was preparing a fourth at the time of his death in 1851. The fourth revision was published in 1856. Other well known legal scholars contributed to its several revisions. By the year 1886, there had been fifteen editions. We are approaching the discovery of the “cause” and the specific time when Our Republic was changed. It is important to note that Bouvier’s Law Dictionary would have been in use at this specific “time.” Legal Fictions have been used for centuries whether they were called this or not. Bloodlines were valued as being important, especially in royal or noble households. In ancient Rome if there were no physical heirs to assume the parental status, adoption was used. This was a Legal Fiction in that the adopted individual was assumed or presumed to be the legal heir as if they were the legal heir by birthright. “Legal Fiction,” as far as this book is concerned, is compared with government “de facto.” A true child or true law (government de jure) is to each other as “Legal Fiction” would be to an adopted child or government (de facto). See: de facto/de jure

Excerpt from: ‘RESET’ “An UN-alien’s Guide to Resetting Our Republic”  Chapter 12, ‘Defining Terms pages 141-143 Copyright © 2012 by Dahni & I-Magine – All rights reserved.

de facto/de jure 

“dē jūrē  or de jure is a Latin noun and pronounced [di joor-ee, dey joor-ey]. Its origin is believed to have first been used sometime around 1610. Its literal meaning is “pure law” or “of law”, thus “legitimate, lawful, by right of law, required by law.”

dē factō or de facto is a Latin noun and pronounced [dee fak-toh]. Its origin is believed to have first been used sometime from 1595-1605. Its meaning is, “in fact; in reality.” It carries the idea of something actually existing, especially when without lawful authority. It may also be understood as something existing for such a time that it is as if, it was the law.

Excerpt from: ‘RESET’ “An UN-alien’s Guide to Resetting Our Republic” Chapter 12, ‘Defining Terms page 140 Copyright © 2012 by Dahni & I-Magine – All rights reserved.

Legal Fiction” is to government “de facto” as both are related to the word interpretation in this book. See: Private Interpretation.

Perhaps this sounds very complicated and this is the point. What began as simple and clear, became complicated, unclear, a haze.

Like a purple haze and essentially hidden, it continues by ignorance of it and from a “mindset” to it. It is a corrupt “system.” WE need to RESET Our Republic.

Excerpt from: ‘RESET’ “An UN-alien’s Guide to Resetting Our Republic”  Chapter 12, ‘Defining Terms page 143 Copyright © 2012 by Dahni & I-Magine – All rights reserved.

The United States operates today, NOT as, government de jure, but as, government de facto‘as if,’ it was, the pure law. It is NOT! It is, ‘Legal Fiction!’ In a future post, I will share the entire chapter from ‘RESET’ “An UN-Alien’s Guide on Resetting Our Republic. The title of the chapter is, ‘Legal Fiction’ and it provides more detail and how it impacts, every single one of our lives. Until then, here is a link to a visual picture of what  ‘Legal Fiction’ looks like, in our government today.

What Legal Fiction Looks Like

or

http://www.i-imagine.biz/Day10.htm

1 of WE the People,

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Blind Justice?

July 13, 2013

By Dahni © 2013, all rights reserved

BlindJustice

Our system of justice is a compilation of many civilizations, cultures and even religions. What we recognize today as either ‘Lady Justice’ or ‘Blind Justice’ is simply understood to mean that, “Justice is blind.” But what does this mean? What is the symbolism of the image shown?

The symbolism as shown is primarily three in number and they are: a set of scales or a balance, a sword and a blindfold.

Our system of justice is given in the Declaration of Independence and Our Constitution. These are to protect the rights of each individual and to bind and limit the government that is charged with and sworn, to protect and serve these unalienable rights of every individual.

Justice is shown as having a sword to protect the innocent, we each are –

“Innocent until proven guilty.”

 Justice is shown as having a set of scales to –

Weigh any and all the evidence for or against the individual

 Justice is shown as being blindfolded or blind, as she –

 Cannot see color, opinion, speculation or emotion

These are all each separately and together, wonderful and fitting symbols of what Justice is supposed to be. But look closely at the image.

The sword of Justice is without a point and is dull. The scales are not in balance. Justice has one eye open.

Without giving reference to recent events of this particular year and even of this date in time, Justice seems more tested, challenged and distorted than perhaps at any other time in Our history.

When the ‘Court of  Public Opinion’ has deliberated its decision before a trial has even begun, and threats of violence are made before the accused has been charged, and threats of violence made before the verdict is in, and evidence is based on color, opinion, speculation and emotion, where is the point and sharpness of the sword? Where is the balance to the tilted scales? What is the point of the blindfold, if justice can see?

And how has this come to be in such times of vast and instant information, such technology, progress and advancement in the times in which we live? I submit to you that the media is guilty. Politics and politicians and celebrities and leaders are guilty. We who have concluded before, during and after the verdict is made, are guilty, for it is not Our responsibility to mete out justice. It is Our responsibility to support the sword, the scales and the blind and to abide by Justice’s decisions.

We are fond of our symbols of justice, are we not, but only if we agree? What if Justice carried, once again, a sharp sword to protect the innocent, the scales were balanced and she was blind to all else but the evidence? I submit that those charged with meting out justice, be appropriately attired, as Lady Justice or Blind Justice.

What if the media, politicians, and any and all other people would only report or mention that a crime has been supposedly committed and someone(s) has/have been charged?  What if there were no names, images and details given? What if all that any potential juror knew about the case was no more and no less than what is accurately given from the sentence above? Then the judge would not have to repeatedly tell the jury not to talk about, read about, hear about or learn about the case by any means, because nothing outside of the court is known?

What if no defendant had to be personally present? What if no one could could see how they look or their personality, see the color of their skin, hear their voice or know of their background? Just because my background shows that I drink coffee, have for years, and even had coffee this morning, does not mean that I am drinking coffee right now, unless I am. The question then, am I drinking coffee right now, if that is my charge? Nothing else matters!

No defendant should have their behavior in court and none of their emotions on trial? What if they were really innocent until the evidence proved them otherwise? What if the prosecution could only prosecute, based on the charges filed and not allowed to add more or change the charges, during the trial? What if the prosecution and defense were not allowed to give opinion, speculate, guess or show any emotion? What if no witness was allowed to give any opinion, speculate, guess or show any emotion?

In ancient Greece, whenever there was not sufficient evidence to convict and yet everyone knew the accused was guilty, rather than let them get-away-with the crime(s), they would convict by what is called, rhetoric. This was all based on opinion, speculation, guesswork and emotion. We do not live in ancient Greece, but rhetoric and rhetorical questions – “what if(s) are still among us. But what if…

…what if  all the attorneys, every witness, expert, each juror and the judge were all blindfolded? What if  the accused were innocent and only the evidence presented could and would, prove otherwise? Perhaps then, Lady Justice or Blind Justice would have her sword sharp and pointed, her scales balanced and her eyes blind to nothing but the truth.

What if the jury was on a six-second delay in hearing sworn testimony? What if the judge after ruling on an objection, never had to inform the jury that they are to disregard what they just heard, because they would never hear it and somehow, have to forget about it, if they had?

And yet all of this is still subject to, human faults and failures. What if the guilty went free? That would be terrible! But what if the innocent were found guilty by reason of opinion, speculation, false evidence or insufficient evidence, and emotion? Would that not be at least, equally terrible?

I do not want to see the guilty go free, because their rights weren’t read to them or by some other technicality, but neither would I want the innocent to be found guilty, because Lady Justice or Blind Justice had no pointed or sharp sword, no set of balanced scales and one eye or both her eyes were open to anything, anyone and everything, but not the truth! With all our imperfections, this is the only way!!

If you and I cannot or will not believe in truth and that justice will prevail eventually in this life or the future, then we have no need for truth and justice.  And Justice has  today, a duller looking blade which seems without a point. Her scales appear tilted. Her blindfold looks as if it is falling off and at least one of her eyes is open.

How you and I will think and act right now, will determine whether or not Justice will fail and fall or if there still is –

Equal Justice Under the Law

“…and justice for all.”

excerpt from: The Pledge of Allegiance