Friday, January 27, 2012

[Victims of Court Corruption] J.A.I.L. Is Faulty For A Variety Of Reasons - Zena Crenshaw

-------- Original Message --------
Subject: Re: We Have Met the Enemy, and He is Us
Date: Thu, 26 Jan 2012 15:21:45 -0600
From: Zena Crenshaw <>
To: Ron Branson <>

J.A.I.L. is faulty for a variety of reasons.  But more ill-advised is any call to dramatically restructure America's legal system, based on the idea that most judges are morally and/or ethically barren, if not outright criminals.  Such a proposition is simply beyond proof on an empirical basis.  The requisite assessment would be unwieldy and has not been made despite rampant internet claims suggesting otherwise.  Moreover, many reputable people would vehemently dispute a characterization of judges as overall rotten.
What is clear in many aspects and becoming more apparent is that America is failing to deliver a fair and impartial administration of justice.  Because a relatively few people wrestle "justice" from the system nonetheless, most Americans are content to ignore related crisis or try extracting relief from our legal system without seeking broader reforms.  Problem is, the system is geared or inclined to deny certain relief.  I'm referencing the kind of cases that, generally, mainstream "reform" groups won't touch.  So the national grassroots, legal/judicial reform community emerged and we all know our obstacles.  Given those problems (that marginalize and have come close to ending our effectiveness), I'm resigned to try helping crystallize the reasons why America's legal system is substantially failing of its purpose.  
It's only logical that to diagnose the fundamental ailments of America's legal system, we need input from competent legal professionals (current and former), law professors, political scientists, historians, a broad range of litigants, and judges.  Obviously a proper cure begins with an accurate diagnosis.  Of course I am not an anarchist, nor am I particularly threatened by the propensities of lawyers.  Hence government structure and lawyers have what I consider to be a helpful place in legal reform strategies I endorse.  
The attached report foreshadows, in varying detail, pretty much everything needed to shore up judicial independence and accountability in America.  It begins an essential dialogue -- a development that signals great progress for grassroots legal reformers.  Hopefully more of our community will join the discussion; not to spew dogmatism, but to teach and learn.

It is Time for Us to Stop Trying to Patch Up [The] Discredited [U.S. Constitution]

Jacob wrote:
I disagree with Jon that J.A.I.L. is too complicated, but I agree with him that it is too confrontational.  J.A.I.L. singles out the judges as a class, and the acronym J.A.I.L. insinuates widespread abuses in that class.   While today there are indeed more crooks among the judges than possibly any other group of white collar professionals, with the exception of the prosecutors and lawmakers, our long-term goal is a judiciary that is both relatively honest and competent, and thus deserving respect.   Most honest and competent legal professionals would not wish to join a disrespected suspected class.

However, if the legislation had a more dignified name and applied to all suits of significant magnitude, whereby a citizen's committee decided whether a suit is without merits on its face and thus may be dismissed, I would wholeheartedly embrace it for the post Second American Revolution society. 

The latter caviat is about my conviction that freedom and justice have no future in the remaining life of the system of government launched by the Framers.  Contrary to what many believe and/or claim, including Ron Paul, the Framers did not create the Constitution to control government, but to establish a government, whose control all experience has proven to be impossible, just as the wisest of the Founders, the anti-Federalists predicted.  It is time for us to stop trying to patch up this discredited document, let alone look to it for answers and inspiration, and instead turn our attention to the Declaration of independence as a recipe for revival.

Jacob Roginsky

Ron Branson's Response:

Hello Jacob. First off, I wish to thank you for coming to the defense of J.A.I.L. on the subject of it not being too complicated.

But, I wish to address your position that it is too controversial. Perhaps, the basis for our differences in viewpoint goes to the subject of what our duties are as patriots.

J.A.I.L. does not seek to propose any new laws other than that of providing for judicial accountability to the very document that all judges must raise their right hand in defense of, and that is, to the Constitution of the United States. You position also is that "freedom and justice have no future in the remaining life of the system of government launched by the Framers," and therefore, I assume you desire that we should throw the U.S. Constitution overboard. 

Therefore, we come from completely different positions as our objective as Americans. Your position is that all Americans should "stop trying to patch us this discredited document," and that we should instead, turn our attention to the Declaration of Independence.

While we both revere the Declaration of Independence, I do not see that we must therefore repudiate the Constitution.

You further state, "J.A.I.L. insinuates widespread abuses in that [judicial] class." Yes, it is true that I do see more widespread abuses within the judicial system, and I do believe that it is for that reason we do have great abuses among prosecutors and legislators because the judges cover for their abuses. In other words, I believe that if we did have accountable judges, it would follow that we would also have accountable legislators and prosecutors.

I agree with you that "honest and competent legal professionals would not wish to join a disrespected [judicial] class," but I believe it is for that very reason we must also have honest and competent judges.

Thank you for your honest input on what you believe is wrong with J.A.I.L (Judicial Accountability Initiative Law).

Ron Branson

On 1/21/2012 9:39 PM, Ron Branson wrote:

Dear Jon Roland, I would like to reason with you on your comments about J.A.I.L. being too complicated and too confrontational. We are at war with an out-of-control government. It was President George Washington who stated, “Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.” Can we mutually accept this premises as spoken by George Washington that Government is not reason? If so, I wish to offer this quote of Washington in response to your statement that the J.A.I.L. proposal is too confrontational. Shall we seek to go half way with these judges in order to minimize conflict with them? I was once told by an attorney who served as the top leader in an organization we all know, who shall remain here nameless, "You, Ron, are making the judges mad. We want to be their friends!" It was for that reason that his organization did not want even the endorsement of J.A.I.L., because he was afraid that the judges would interpret that his organization was in league with Ron Branson.

In that respect, I agree that J.A.I.L. is confrontational with judges. We are seeking righteousness, truth, and justice, not friendship with the judges to get them on our side. We know that such an effort otherwise would ultimately mean that in order to be their friends, we must adopt judicial independence instead of seeking judicial accountability. "Can two walk together, except they be agreed?" Amos 3:3. We all know the answer to this question. Absolutely not!  "[W]hat fellowship hath righteousness with unrighteousness? and what communion hath light with darkness?" II Corinthians 6:14. It is not wise to play in the same sandbox with underhanded tyrants who would sooner slit your throat than to play within the rules.

As you your other issue that the J.A.I.L. proposal is too complicated. Let's get down to particulars; who, what, when, were, how, and why! Shall we throw the baby out because raising a baby is complicated, and presents many hardships . Shall we supply feather pillows to all our case hardened patriot soldiers, lest they find that winning on truth is too complicated. What section or phrase do you find too complicated that needs be extracted from the J.A.I.L proposal to make it palatable?

As for the Special Grand Jury, you offer the following, "The traditional grand jury from colonial times was designed to do what is proposed. We need to return the grand jury to that standard." This is well said, Jon. But details? How do we go about doing that? I have conversed with those who have made statements as yours. I have asked them this same question as I am asking you. Give me the details on how we accomplish this. There answer was, "I don't know." So I said to them, "I like my proposal on how to accomplish this within J.A.I.L. than your proposal of no idea!"

Jon, as you know, Ron Branson is not your enemy. We are on the same side and part of the same team. I am just reasoning with you that we must not just hunker down in the foxhole and fantasize victory. We draw up a definite plan and seek to carry it out. I have drawn up my particular plans for victory. Now we patriots need to see your particular alternative to J.A.I.L. We are in a serious war here, we are not children playing doctor and nurse. Particulars, particulars, particulars, Jon. He who criticizes another's plan bears the burden of showing a better alternative!

Your friend,

Ron Branson

Jon Roland wrote:
That is the kind of exaggerated claim that feeds patriot mythmongering. There is nothing that will "win every time", and no one should promise otherwise. At best we might slightly improve the odds, but it is more important to reform the law than to win cases, and it may be necessary to sacrifice some rather than allow the other side to get another bad precedent. It is very difficult to just hold the line. Most cases will either make things better or make them worse, and before proceeding one needs to be very sure the odds are favorable. That mostly comes down to getting the right judge, and that is not always easy to call, especially as they are so rare.

The old saying is that "a good lawyer knows the law, but a great lawyer knows the judge". That is not just about having the judge as a crony. It is more about being able to manipulate the judge psychologically. Just as emotion sways juries more than evidence or argument, so it also sways judges, and the outcome of cases is often more about that than otherwise. Watch the ways successful lawyers stroke the egos of judges.

As for the J.A.I.L. proposal, it has been too complicated and confrontational. The traditional grand jury from colonial times was designed to do what is proposed. We need to return the grand jury to that standard. Select it at random. Open it to citizen complaints. Let it remove immunity by issuing an indictment. And let it appoint private prosecutors by delivering the indictment to them. It would also help to instruct them to keep the professional prosecutors out of the room, and to appoint enough of them so they aren't overloaded with too many cases to have time to deal with deliberately.

On 01/19/2012 01:43 PM, Hoyt Law Office wrote:
But, we can still win on procedure. Want to know how to construct a winning argument every time?

-- Jon  ---------------------------------------------------------- Constitution Society      2900 W Anderson Ln C-200-322  Austin, TX 78757 512/299-5001 ----------------------------------------------------------


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