Constitution Club



 Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803)  "... the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts,as well as other departments, are bound by that instrument."  "In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank". "All law (rules and practices) which are repugnant to the Constitution are VOID". Since the 14th Amendment to the Constitution states "NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, ... or equal protection under the law", this renders judicial immunity unconstitutional.

Miranda v. Arizona | US Law | LII / Legal Information ...

https://www.law.cornell.edu/supremecourt/text/384/436
Miranda v. Arizona (No ... Under any other rule, a constitution would indeed be as ... Where rights secured by the Constitution are involved, there can be no ...rule
Brown v. Walker, 161 U.S. 591, 596-597 (1896). In stating the obligation of the judiciary to apply these constitutional rights, this Court declared in Weems v. United States, 217 U.S. 349, 373 (1910):
. . . our contemplation cannot be only of what has been, but of what may be. Under any other rule, a constitution would indeed be as easy of application as it would be deficient in efficacy and power. Its general principles would have little value, and be converted by precedent into impotent and lifeless formulas. Rights declared in words might be lost in reality. And this has been recognized. The [p444] meaning and vitality of the Constitution have developed against narrow and restrictive construction.
(RT) — The Supreme Court approved new rules on Thursday that would potentially give the FBI the authority to hack any computer in the United States, and potentially computers located overseas as well. Those hidden by Tor technology will also be vulnerable.
Now the Congress have until December 1 to either approve the rule, reject or make changes to it – then any magistrate judge in the country could grant the FBI warrants authorizing hacks into computers whose whereabouts are unknown.
In its letter to Congress, the Supreme Court approved the following change to Rule 41 of the Federal Rule of Criminal Procedure:
“A magistrate judge with authority in any district where activities related to a crime may have occurred has authority to issue a warrant to use remote access to search electronic storage media and to seize or copy electronically stored information located within or outside that district if: (A) the district where the media or information is located has been concealed through technological means; or (B) in an investigation of a violation of 18 U.S.C. § 1030(a)(5), the media are protected computers that have been damaged without authorization and are located in five or more districts.”
Under the phrase “concealed through technological means,” the court is referring to computers whose location is hidden via the use of anonymity software such as the Tor web browser.
Currently, magistrate judges cannot issue warrants for “remote searches” to the FBI if law enforcement doesn’t know where a computer in question is physically located, since its location could potentially be outside of the court’s jurisdiction.
Not only does the new rule change that, it also could allow the FBI to gain access to computers that have been already hacked by malicious software, meaning that victims of cyberattacks could see their computers searched by the government. If a computer is suspected to be part of compromised network, that network could also be searched. If a computer is ultimately located overseas but hidden via Tor, then authorities may potentially be able to hack into it as well.
For its part, the Justice Department believes that the modified rule is necessary to keep up with criminals using the latest technology to avoid detection. If an individual is trying to hide his location, the argument goes, then search warrants should be able to bypass jurisdiction limitations.
“Criminals now have ready access to sophisticated anonymizing technologies to conceal their identity while they engage in crime over the Internet, and the use of remote searches is often the only mechanism available to law enforcement to identify and apprehend them,” DOJ spokesperson Peter Carr said in a statement to Motherboard.
“This amendment ensures that courts can be asked to review warrant applications in situations where is it currently unclear what judge has that authority. The amendment makes explicit that it does not change the traditional rules governing probable cause and notice.”
   Yea BUTT, WTF of 28 USC 636, where Yo donut consent to a magistrate robe presiding-procedurally estopped
The Supreme Court’s approval comes as courts in Massachusetts and Oklahoma have recently opted to toss out evidence collected by the government in relation to child pornography investigations, since the original search warrant obtained by the FBI came from a judge in Virginia. If the new rules approved by the Supreme Court go into effect, the evidence would have been allowed.
However, not everyone is buying the Justice Department’s argument. Senator Ron Wyden (D-Oregon) questioned the wisdom of the changes to Rule 41, adding that he will ask the government to detail its hacking process. He also said he will propose legislation to reverse the amendments.
“These amendments will have significant consequences for Americans’ privacy and the scope of the government’s powers to conduct remote surveillance and searches of electronic devices,” he said Thursday in a statement. “Under the proposed rules, the government would now be able to obtain a single warrant to access and search thousands or millions of computers at once; and the vast majority of the affected computers would belong to the victims, not the perpetrators, of a cybercrime.”
Some major technology companies have also criticized the proposed changes, arguing they threaten to “undermine the privacy rights and computer security of Internet users.” Google has stated that US officials would “likely” use the altered rules to search computers overseas.
“Even if the intent of the proposed change is to permit U.S. authorities to obtain a warrant to directly access and retrieve data only from computers and devices within the US, there is nothing in the proposed change to Rule 41 that would prevent access to computers and devices worldwide,” the company stated back in February.
Meanwhile, privacy activists and tech organizations have also raised concerns, including Kevin Bankston of the Open Technology Institute.
“Whatever euphemism the FBI uses to describe it – whether they call it a ‘remote access search’ or a ‘network investigative technique’ – what we’re talking about is government hacking,” he said to the Intercept, “and this obscure rule change would authorize a whole lot more of it.”

Views: 41

Comment

You need to be a member of Constitution Club to add comments!

Join Constitution Club

Comment by Peter John on July 4, 2017 at 6:54pm
Black Robed Terrorists An educational website about how the supreme court has enabled the federal government, its three letter army, and local police, to terrorize ...
Comment by Peter John on May 28, 2016 at 4:26pm

HOW do I add a pic???

Comment by Peter John on May 28, 2016 at 4:25pm

per the ND JA'es, when a publicpretender fails to preserve a speedy trial it is ineffective ASSist, WTF is wrong, as Silence in the Face of EVIL . . . is evil-same as the public pretender refusing to file ANY of the ore-trial motions I told her, esp Speedy Trial & A Franks Hrg,

she asked " WHATS THAT"??? See Franks v Delaware, to challenge the warrant affidavit-in my case it explicitdly STATES the TALL GRASS & WEEDS n the warrant affidavit STATES the JA'es extensive training & investigative skills, yet ex 4 shows the whole F'n thing mebbe was a false flag ops by the chem pharmers in a42 USC 1985 RICO conspiracy to again run me off my land. IE as same as back to the 1 FOOT tall stack of "INCIDENT REPORTS" on domestic terrorist activities to Pete's Farm dating back to 2001 when my pigs were let loose, I was framed in the Land of 10,000 Lies & hadda be back in Mn by 8 bells, I was leaving to theland o lies & found my Piggies were loose ALL OVER, I left to get some HELP, no luck so I thought F'it n headed to Land O Lies, as I drove past Pete's Farm there was 2 vehicles in my drive way n I thought-Oh Chit, a pig was hit. It was the COPS n I was arrested for being within the STATE, yet I had 20 minutes to make it to Oslo, Mn-refused n jailed-so now I know that then those pigs were run off same as my cows to all the other acts of domestic terrorism that JA federa lrobe alleged JA judge erickson  refused to issue asummons with my verified complaint-same as my complaint for verified torture has been left sitting there for months now

the courts r corrupt, see how the SCOTUS sold the WH to g bush w/o jurisdiction to federal robes claiming We the Ppl have No "Standing" to an injury to FDbot golfing

tis by the will of the CFR we r in a world of hurt n shit to the ILLegal tax by the 911 put option zio banks-all CFR members

Comment by Peter John on May 28, 2016 at 2:19pm

BEWAR Ye

    ALL WHO ENTER HERE, ABANDONE ALL HOPE;
This opinion is subject to petition for rehearing
Filed 5/26/16 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2016 ND 99
Peter John Grzeskowiak, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20150325
Appeal from the District Court of Walsh County, Northeast Judicial District,
the Honorable Donovan John Foughty, Judge.
AFFIRMED.
Opinion of the Court by Kapsner, Justice.
Peter J. Grzeskowiak, 15750 County Road 15, Minto, N.D. 58261, petitioner
and appellant; on brief.
Barbara L. Whelan, State’s Attorney, 600 Cooper Avenue, Third Floor,
Grafton, N.D. 58237, for respondent and appellee; submitted on brief.

NOT 1 question was answered, all a procedural form driven FRAUD
Jurisdiction never existed-The SYSTEM is Corrupt

Issues:
Appellant's Statement of the Issues:
1. May a dirty judge preside after 15+ years of judicial terrorism.
2. Jurisdiction defects in a perjured search warrant affidavit.
3. Jurisdiction bar by denial of counsel.
4. My post conviction petition addressing jurisdiction was denied in violation of Rule 8(a) jurisdiction and 8(f) petitions liberally construed.
5. If no finding of probable cause of Rule 5 voids proceedings.
6. Was the search warrant properly executed.
7. The transcripts are falsified, the plea I entered was; guilty by alford plea without my free will.
8. Complaint based on perjury.
9. A denial of the right to be heard in jail per writ, nor be gorman to falsified transcript while being denied counsel by clerk Tami Meeham.

Appellee's Statement of the Issues:
[1] Does Grzeskowiak's failure to comply with the North Dakota Rules of Appellate Procedure warrant dismissal of his appeal?
[2] Did the District Court properly deny Grzeskowiak's Application for Post Conviction Relief?
The damn warrant affidavit STATEs the tall grass & weeds
and DOGS, there was no Pack of dogs looses, only Nunya, a teen age goof ball
   
The Courts r CLOSED;
Section 9. All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice administered without sale, denial or delay. Suits may be brought against the state in such manner, in such courts, and in such cases, as the legislative assembly may, by law, direct.
It took these JA Robes months to issue this travesty-WTF

© 2019   Created by Online Professor.   Powered by

Badges  |  Report an Issue  |  Terms of Service