Reader Charles: “DOJ, FBI ect SUBJECT TO CRIMINAL CHARGES NOW. WHERE IS CONGRESS?”
Posted By: hobie [Send E-Mail]
Date: Tuesday, 23-May-2023 05:13:07
|(Thanks, C. :)Reader Charles Miller writes:=====Dear Hobie.An olde but goody that is very relevant at the moment.Why should any one expect an illegitimate Congress, installed in the People’s offices through a fraudulent election process, to actually know and act under the laws Congress made to hold to account public servants EMBEZZLING their pay checks from the government while refusing to do the jobs paid for?THE MIRACLE OF IGNORANCE AND FALL OF PRIDEby Charles MillerJune 29, 2018Once again we entered the realm of the “stupid zone”! This is the place were arrogance and pride guarantee the fall. Simple is as simple does applies here in the context of a simple reading of the law.This is where ‘We The People’ give Congress the knowledge of the law and how to deal with recalcitrant DOJ, FBI, and other agency actors, when They fail to produce public documents.The simple fact is, all documents in the possession of DOJ, FBI and other agencies, are public property!Moreover, all public property in the care of these characters is created under the orders of Congress; which is why Congress has the right to see them right now. Congress is also the one that makes the paychecks to these government actors good. In other words, Congress paid for honest services and has the authority to stop paying those that do not perform correctly.The law we are talking about is Title 18 United States Code § 4. Misprision of Felony; “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) Other laws apply but this is the attachment to any congressman to do the right thing. (emphasis added)So let us break this code section down in a very simple common sense and direct manner and see who that code applies to, and what their actions should be. Note: “Do not be surprised at the conclusions you draw by the end of this monograph.”The only valid position for an act of Congress to apply to the people is when the act of Congress identifies its authority over the people in as in The U.S. Constitution – Article 1 The Legislative Branch Section 8 Powers of Congress. The failure of that element to be at the very beginning of any statute exposes that the statute cannot apply to individual Americans.Any act of Congress that does not identify the people as being subject to legislative powers –a legal impossibility – exposes that the act must apply to someone else. The reason this is true is that the people did not grant any government anywhere the authority to legislate over individual People. This is because none of us have the authority to regulate our neighbor and therefore could not give that power to government.The simple fact is the United States Code applies to all government actors from top to bottom, applies to all those working off of the privilege granted by government to do business with the people. Look it up on your own and see this statement is completely true. Those working off government privileges are corporations created by the states and regulated through the federal identifiers attached through the taxing system to ensure that these entities do not harm or take advantage of the people in anyway.DUH! THIS IS THE WHOLE POINT OF GOVERNMENT, TO PROTECT THE PEOPLE WHO CREATED IT AND GAVE IT AUTHORITY TO WIELD LEGALIZED FORCE, FOR THE FIRST BENEFICIARIES OF ALL GOVERNMENT POWERS, THE PEOPLE. OUR ELECTION PROCESS HAS BEEN TAMPERED WITH WHICH IN ITS MOST BASIC FORM MEANS THESE CHARACTERS ATTEMPTED TO STEAL NOT ONLY OUR VOTES BUT OUR COUNTRY.The self confessed characters at the DOJ and the FBI and other agencies have by their own actions, on public record, admitted their own felonies. Further, the exposure of their private records and the admissions contained therein is a whole separate set of felonies. All these characters promised that they would do all of their public acts on public record and never ever, ever operate privately or secretly.These records are contained in Congressional Committee Hearings where the records are established under oath to be truthful by those being questioned.Every Congress member and Senator now has first-hand personal knowledge of felonies being committed in their presence. Further they now have records and evidence of other records proving beyond all doubt that numerous and varied other felonies have been committed.THERE IS NO QUESTION OF THE FACTS OR THE LAW IN THESE MATTERS AND ANYONE NOT UNDERSTANDING THESE POINTS IS EITHER STUPID BEYOND BELIEF, OR A COCONSPIRATOR.Reference to the United States Attorneys Manual settles conclusively what the duties of Congress and Senate members are. Below taken from DOJ online publish of the United States Attorney Manual. 923. 18 U.S.C. § 371—Conspiracy to Defraud the United States.The general conspiracy statute, 18 U.S.C. § 371, creates an offense “f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).The operative language is the so-called “defraud clause“, that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the “offense clause” in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.Although this language is very broad, cases rely heavily on the definition of “defraud” provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined “defraud” as follows:|
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches “any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government.” Tanner v. United States, 483 U.S. 107, 128 (1987); see Dennis v. United States, 384 U.S. 855 (1966). The “defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute.” United States v. Tuohey, 867 F.2d 534, 537 (9th Cir. 1989).2471. 18 U.S.C. § 2The first provision one finds in Title 18 of the United States Code regards accessories to crime. Title 18, United States Code § 2 now provides:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
Aider and abettor liability is distinct from accessory after the fact under 18 U.S.C. § 3. United States v. James, 998 F.2d 74, 80 (2d Cir.), cert. denied, 510 U.S. 958, 114 S.Ct. 415, 126 L.Ed.2d 362 (1993). An aider and abettor, unlike an accessory after the fact, is punishable as a principal. Id.Title 18 United States Code §3 “Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. (June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99–646, §43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647, title XXXV, §3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103–322, title XXXIII, §§330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)Given the current status of the children’s public arguments and threats, and tantrums surrounding draining of the swamp, I believe a few on point questions expose some solutions to the blocking of the removing of the plug in the cesspool operating in the District of Criminals. Adults questioning their public servants might lead to some resolution and more to the point public indictments of well known wrongdoers.Where are all the supposed honest employees at DOJ, FBI, State Department and other agencies and why haven’t they come out in public and simply told the truth? Under what law, theory of law, or provision of the civil service regulations do these supposedly honest public employees hide from not only Congress yet the American people, the facts?Has the United States Department of Justice , it’s FBI, United States Department of State , and various other federal agencies abandoned their official positions in order to cover up their own crimes?Is there evidence and proof enough, on/in the open notorious public record for Congress assembled to recognize that the United States DOJ and the FBI are corrupted beyond the point of redemption and will never perform according to law? If not why not?Under what set of circumstances, legal, or political, is any member of Congress Assembled, authorized to fail or refuse to report crimes as required by 18 USC § 4?Does Congress assembled have enough evidence of corruption and abandonment of duties to bypass the DOJ and go directly to the courts?Is it time for the People to file individual criminal complaints to the United States District Court District of Columbia, the only article 3 court authorized by Congress, and prosecute the cases under the RICO act authorizing private attorney generals?Under what set of circumstances is Congress authorized or allowed to continue to pay non-performing public officers operating under the mantle of the U.S. DOJ?Now, what should the People do to supervise our agents?It’s now time to open a dialogue among the People, those that created the governments, for determination of the standards that we will accept from our public service.If not, we get what we deserve!******************************************************************************