Marti Oakley

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I am not a lawyer, and have never represented myself as being one. I don’t need to be one. The Constitution for the United States makes very clear that the law is to be accessible to everyone. I cannot claim ignorance of the law as a defense for anything and there is no requirement for me or you to obtain a BAR union card in order to access and use the law, stated anywhere in the Constitution. “Practicing law without a license” is a fiction of law.

“By abdicating its responsibility to the public, congress has ceded its power to act on behalf of the people to the second largest BAR Association in the country….the Department of Justice. How do you think that is going to turn out for those of us out here in no man’s land? Do you really believe the DOJ is going to implement any rule, regulations, or other other fictions of law that would adversely affect other Bar members or associations? Not a rat’s chance in a deacon box that will happen.”

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While many are applauding the provisions of S. 178: Robert Matava Elder Abuse Prosecution Act of 2017 I do not share this view.

Pay careful attention here to the word “ACT”. An ACT is something the government is going to do by force rather than by actual power granted to them in the Constitution. In this particular instance, congress is charging the DoJ with law making which is unconstitutional.

Those of us who have actually read the bill and have at least a modicum of understanding of how legislation actually works and affects us, know that this bill is going to cause irreparable harm not only to the elderly, but to those family members and others who have waged this battle against the growing human trafficking of the elderly by professional predators working in tandem with unethical attorney’s , corrupt probate administrators, Adult Protective Services agencies, and professional predators who prey on the elderly and others, and who make a parasitic living off the targeting of the elderly to profit themselves.

  • Did you see one word in this bill that addressed the issue of identity theft that results from being declared a ward of the state?
  • Is there one word about stopping the assumption of identity by the predators who now present themselves as the victim and begin bleeding the estate dry?
  • Was anything said about the resulting abuse, neglect and exploitation by professionals and agencies that results from this civil death? ( by declaring the living human being a “ward of the state”, the victim has suffered a civil death, equal in its legal consequences to natural death) You are dead in the law, but still breathing.
  • Was anything mentioned about holding these administrators liable for violating the rights of the targeted victim?
  • Did you see one word directing these probate tribunals to follow rules of evidence?
  • To cap fees?
  • To stop the predators from isolating the ward?
  • Anything about stopping chemical restraint to silence the victim?
  • Any sighting as criminal activity the actions by these predators who make their living stealing the lives of their victims for profit?

Are we really this ignorant?

This bill is not a “good start”. It will not benefit the public in any manner. The provisions in this bill clearly relieve both houses of congress from any responsibility they had, to rectify the ongoing predator based system of elder abuse and exploitation we know as “kidnap, isolate, medicate and steal the estate”, by professional predatory guardians and their cohorts in these inhumane crimes and members of the BAR Associations who participate for profit resulting from the continued trafficking of the elderly.

This bill is clearly intended to target only the public, and all that will come of its future rules, regulations and statutes is that it will not apply to the professional predators in the system, but will apply (watch the careful wording they will use) only to possible family members who might abuse, or others in the community who might abuse the elderly.

If this bill was supposed to be the catalyst for changing the system….why are the only references to this system listed as miscellaneous? While the remainder of the bill is a reiteration of standing state and federal laws against internet scams, wire fraud, etc.?

Have we not been told repeatedly, that due to separation of powers that neither the judicial nor legislative branch can intervene? These are executive branch issues, meaning the president or your governor.

What the bill does do, is to further empower the very agencies and agents that we have been battling, and adds several more to the list who will now be funded and empowered to prey on the elderly.

Any state which receives block grants, is contracted to HHS on the Federal level. Each state has a memorandum of understanding which states the terms of the coming contract they agree to. This is followed by the formal contract and its accompanying funding…the block grant. In order to obtain your block grant, the state must follow federal guidelines and meet various standards which will now be legislated by the DOJ, a non-legislative body that is also directly connected to the system by virtue of their BAR Association.

TITLE V–MISCELLANEOUS

(Sec. 501) This section amends title XX (Block Grants to States for Social Services and Elder Justice) of the Social Security Act to specify that HHS may award adult protective services demonstration grants to the highest courts of states to assess adult guardianship and conservator-ship proceedings and to implement necessary changes. The highest court of a state that receives a demonstration grant must collaborate with the state’s unit on aging and adult protective services agency.

By abdicating its responsibility to the public, congress has ceded its power to act on behalf of the people to the second largest BAR Association in the country….the Department of Justice. How do you think that is going to turn out for those of us out here in no man’s land? Do you really believe the DOJ is going to implement any rule, regulations, or other other fictions of law that would adversely affect other Bar members or associations? Not a rat’s chance in a deacon box that will happen.

The DOJ is its own BAR Association and all those who are employed there as a legal entity, are in fact members of that BAR. The DOJ is second only to SCOTUS in its power.

How is it, that congress can give this kind of power away to state courts via the DOJ? What happened to that separation of powers crap we are fed constantly?

(Sec. 505) DOJ must publish best practices for improving guardianship proceedings and model legislation related to guardianship proceedings for the purpose of preventing elder abuse.

The DOJ DOES NOT REPRESENT THE PUBLIC!!!!

The DOJ is not the proper authority for improving guardianship proceedings. And they most certainly are NOT supposed to be creating model legislation for anything! That is congress’s job. And one they clearly have no intention of performing. The DOJ is charged with prosecuting the law on behalf of the federal complex as it is the legal representative for the federal government.

The “best practices” issue will be the noose we are all hung with. “Best practices” is widely regarded as code for violating your rights and usurping the Constitution and rises from Agenda 21 and Codex. Codex (the rules for everything globally)

Why would congress entertain such an idea? Because you cannot continue to claim you are representing the public and intent on helping them, while taking hundreds of thousands of dollars in campaign contributions from the same associations and agencies we are battling.

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http://thelawdictionary.org/fiction/

https://www.govtrack.us/congress/bills/115/s178/text/enr#compare=es

 

Inferior Courts Clause Art 111 Sect. 2 Clause 1

https://www.law.cornell.edu/constitution/articleiii

Section 1.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. (this bill relieves congress of its duty to end these administrative tribunals and to make laws protecting the public from professional predators and to organize the courts). (emphasis, mine)

Judgments may be excluded by CONGRESS from Supreme Court reviews. The problem is, under the Probate Exception Doctrine SCOTUS already excluded itself from review of any probate case.

https://ppjg.me/2017/10/04/a-message-for-american-bar-association-members/

The earlier versions of the American Bar Association guides to legal style and usage also plainly state that the use of all capital letters denotes either a

corporation or a dead man’s estate.

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