What happened in the United States that resulted in the loss of Liberty / the establishment of sovereign immunity

In the course of my counter-suit against the government of Texas (aka 'The State of Texas') I had to sephardize. That is, research all relevant case law. Each case references prior cases. So you go to the prior case and it references a case before it, and so forth. And it was by this means, as well as my own memory of the events of the 60's and 70's, that led to the discover of how it the 'immunity doctrines' came about in the 1970's.

The 60's were a time of social upheavel. There was the Civil Rights movement and, simulaneously, the Anti-War movement. Both, along with the Impeachment of Nixon and proscution of his Staff, led to the Courts creating, and utilizing, a variety of immunity doctrines. In addition to sovereign immunity for the State governments, and other government entities both State and Federal, they created 'Absolute Immunity' for Prosecutors and Judges. And they created 'Qualified Immunity' for those employed in Police Agencies. What we have now been taught to refer to as "law enforcement".

First Contributing Factor - the Civil Rights Movement

In addition to taking their complaints to the streets the African-American population was taking their complaints to Court as never before. The Laws enacted after the civil war, the origianl Civil Rights Acts, had laid dormant. Rarely utilized because the African-American population was unorganized, without financial resources, and had no faith in the Judiciary. In the 1960's they were organized. The Federal government and other sypathetic parties were providing resources. And they were simply more determined than ever to press their cases regardless. This greatly increased the case load for Federal Judges.

Second Contributing Factor - the Anti-War Movement

Arising at the same time were the protests against the Vietnam War. The protests were growing larger each month. Richard Nison assumed the Office of President in January of 1969. We now know that he issued orders that remained secret for a long time. These orders went out from the White House to the Justice Department and from there to Prosecutors and Police Agencies throughout the Country. The protests were to be crushed by any and all means. The FBI extablished cointelpro. They infiltrated all social movements and, working with local police agencies, began efforts to frame the leaders of these movements and protest organizers. They charged them with crimes they had not committed. These were SLAP suits of the worst kind. Police across the country were ordered to follow the example of the Mayor of Chicago, during the Democratic convention of 1968. They were ordered to meet the protesters with brutality. This ultimately led to the killing of 4 college students in May of 1970 by the national guard. This unlawful actions by the FBI, local police, and local prosecutors, also contributed to a hugh increase in teh case load for Federal Judges.

The Department of Justice has the duty to prosecute State and Local Police, Police Agencies, Prosecutors, and Judges who deprive people of their Constitutional (Civil) Rights. Under the Eisenhower, Kennedy, and Johnson administrations they did. Where previously they were hesitant to do so in the Southern States they now did. Eisenhower and Kennedy was even willing to send troops into Southern States and they did on more than one occassion. Where previously on the white people could expect to prevail in Court when their rights were violated, now African-Americans and others could succeed. But all of this changed under Nixon. The New Department of Justice did the opposite. The Department of Justice under Nixon promised to defend local police, local police agencies, prosecutors and judges, who would assist them in their efforts to crush the leaders and organizers of the civil rights, anti-war, and other movements. The Department of Justice would defend them in the Federal Courts and asked the Courts to grant them immunity from prosecution. Nixon appointed Judges to the Federal Bench who were willing to be his henchmen and were sympathetic to his efforts to crushing all the social movements of the 60's.

Third Contributing Factor -Impeachment of Nixon and prosecution of members of his administration.

Nixon could not keep a Vice President or an Attorney General. Illegal acts committed by those Nixon chose for these positions were discovered. They were forced to resign and were being investigated for their corruption. Then came the Watergate scandal. Aggressive and fearless investigative journalist, secretely aided by people inside the government who were alarmed at the illegal acts of Nixon and those under him, uncovered the source of break in and burglary of the national headquarters of the Democrat party in Washington D. C. in a office complex known as Watergate. Nixon and those of his inner circle in the White House were now subject to prosecution and special prosecutors were hired by a Congress that had learned the Prosecutors in the Department of Justice under the control of the Nixon Administration could not be trusted to do so. In fact; the Attorneys in the department of Justice did the opposite. They defended them and argued for the creation of immunity doctrines to protect them. Even when not successful keeping the Presidents men out of jail the results of their efforts create the immunity doctrines that were later put made into 'law' by judicial decree. There were those who were sypathetic and supportive of Nixon and those who worked for him. They did not like it that Nixon's Chief of Staff, and others in his administration, were prosecuted and sentences to jial. They did not like it that Nixon, the President himself, would have been prosecuted if not pardoned by the man Nixon made President upon his resignation. A pardon that came before there was even a trial & conviction!. Those who did not like this whole series of events were Attorneys who were employed in Nixon's administration and were Republican party insiders. They would later be appointed to be Judges in Federal Courts and to be Justices in the Appellate Courts by Presidents Ford and Reagan. This is not to disredit Reagan. He did not appoint them with the expectation that they would use their position to create doctrines that would destroy Liberty for We the People. 

Forth Contributing Factor - Increase in crime caused by a youth that had been alienated and forced underground.

Initially those who were victims of the Nixon Purge fought their cases in Court. But as the defendants in the trial of the Chicago 7 intended to illustrate, the courts at that time were rigged. People who had been part of these movements chose to live an underground existence to avoid arrest and prosecution. They now turned to crime as a means of income while hiding. Others turned to crime and violence in response to the injustices they were suffering at the hands of police, prosecutors, and Judges. Radical and violent factions of various movements began to form. For the civil rights movement it was the black pathers. For the anti-war and communist sympathetic Students for a Democratic Society, the SDS, it was the weathermen. The actions of these violent factions, referred to as 'Radicals', along with propaganda by Federal and State police agencies seeing opportunities to grow their budge and workforce, fed the politics of the 80's, and into the 90's, that called for more police, more prosecutions, longer sentences, while at the same time promoting fewer & weaker protections for the accused. Due Process of Law became a  'Process' where the Law governing the process was no longer valued or practiced.

In addition to this was the baby boom of post World War II. They were reaching an age at which many experiment with not just drugs, but also with crime. Most crime is committed by people in their late teens and early 20's. Most will move away from and never go back to drugs and crime after they mature into their late 20's and beyond. In the 60's and 70's there was a huge bulge in the demographic group made up of people in their late teens and early 20's. In addition it was believed the CIA intentionally developed and promoted the drug culture that began in the 60's and continued to blossom during the 70's. The purpose was two fold. First, they believed the use of marijuana would cause those who cared about social issues, and thus were involved in movements, to become apathetic. Second, by getting those in these movements involved with the use of illegal drugs they would create a cause for police to arrest them and thus take them out of the movement. While CIA involvement in the drug trade was widely rummored it was never difinitively proven. However, in the 1980's CIA and military involvement was well documented and proven. It was part of the Iran Contra scandal. Without their knowledge, or with intential blindness, cocaine was transported and sold to finance the war against the communist that had taken control of the government of Nicaragua. This lends credibility to the claims of those who assert the CIA was behind the development and promotion of the drug culture. So while the Nixon administration was declaring the War on Drugs the same administration was intentionally facilitating the drug problem to make that war necessary.

Why it was not temporary

It is true that Police were under verbal and media attack in the 60's and 70's. These attacks were justified because of their behavior during the social movements. But this created a siege mentality, and us against them, attitude among those employed in police agencies. The response of the Police was to unionized as never before. Police agencies brought on staff people who would work on public relations and police unions hired public relation agencies. They produced propaganda that would grow their power. They found it beneficial to exaggerate the crime problem. It enabled them to grow their budgets and increase the number of personnel under their direction. Thus providing more room for advancement of others and the advacement of their own career. The more personnel under the direction the higher the salary you can command. Police Unions and others who profit from being on the government, public paid, side of crime became more active in financing and otherwise promoting politicians who were help them create a crime hysteria that was unjustified by the true facts.

The demographic bulge and the other factors that led to the increase in crime rates in the 70's subsided in the late 80's and in the 90's. But the crime rate and the incarceration rate continued to increase.  WHY? By then the immunity doctrines had been established. Police, Prosecutors, and Judges were no longer accountable to law. Arrests could be made for crimes that never even happened. Arrest, rather than actual crimes now used to calculate the 'crime rate'. Arrests were now common for an ever increasing number of victimless crimes and newly created crimes as Penal codes, as was done in Texas in 1993, were entirely re written to greatly expand the number of offences people could be charged for and to weaken defenses for various charges. The propaganda efforts of those who benefit and profit from creating a crime hysteria among the public succeeded in getting Congress and President Clinton to enact The Violent Crime and Law Enforcement Act. Designed with significant input from (ie; written by) experienced police officers, it was the largest crime bill in the history of the United States.Consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion additional funding for the crime industry. 

And so it was that the incarceration rate continue to increase. That is, the number of persons in prison per 100,000 in population. And the absolute numbers in prison continued to grow. In addition the number of persons under some form of supervision such as parole or probation increased. A quasi-incarcerated life. Crime became a big business. A very profitable business. But not for those who commit crimes. But for all those who claim to be fighting crime, or contributing to that fight in some way, so that they can draw an easy income and benefits far better than any that can be found in the private sector of our economy, at the expense of the public treasury. Public safety is not the true cause.  A  majority of those in prison or under government supervision are just collateral damage. Their, arrest, their prosecution, their incarceration, and their supervison at public expense does not increase the safety of the public. But their suffering does enable a large number of people to be employed while, at the same time, holding an occupation that will exempt them from, or greatly lessen the probability, that they might suffer the same fate as those they prey upon.

CONCLUSION

The forgeoing is the cause, and the result, of the immunity doctrines - Immunity Laws - established by the Branch of government that We the People never gave the power to make law. They have granted to those employed in certain occupations of public trust the Constitutionally prohibited Title of Nobility. Thus those in these occupations can violate that public trust with impunity. And they do. Power corrupts. Absolute power corrupts absolutely.

 

 

 

 

 

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