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U.S. Supreme Court Refuses to Uphold Ban on Double Jeopardy & Protect Citizens From Successive Prosecutions

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For Immediate Release: June 18, 2019

The Rutherford Institute

WASHINGTON, DC — The U.S. Supreme Court has refused to protect citizens from being prosecuted for the same crime by federal and state governments, a fundamental right enshrined in the Fifth Amendment’s Double Jeopardy Clause.

In a 7-2 ruling in Gamble v. United States, the Supreme Court affirmed the “separate sovereigns” rule, an exception to the Double Jeopardy doctrine that allows states and the federal government to prosecute a person successive times for the same act, even if the person is found not guilty in the first trial. Justices Ruth Bader Ginsburg and Neil Gorsuch dissented, warning that the Court’s majority had failed to recognize that the people—not the government—should be the ultimate sovereigns of power. The Rutherford Institute filed an amicus brief in Gamble, arguing that the “separate sovereigns” doctrine exception—which recognizes federal and state governments as separate sovereigns with distinct prosecutorial powers—violates the Fifth Amendment by enabling the government to abuse its power to prosecute, which is reflected the nation’s harsh and overly-punitive criminal justice system.

“As Justice Gorsuch recognized in his dissent, ‘A free society does not allow its government to try the same individual for the same crime until it’s happy with the result,’” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Despite the Constitution’s clear mandate against double jeopardy, the Supreme Court has given the state and federal governments the green light to continue to subject the citizenry to these prosecutorial abuses.”

MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM
The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb[.]” This prohibition embodies the fundamental principle that it is unfair and an abuse of power for the government to seek to put a person on trial for a criminal offense after that person has already been tried and acquitted (or convicted) of that same offense. However, in a series of cases dating back to the 1850’s, the U.S. Supreme Court has recognized that, because the states and the federal government are “separate sovereigns,” a person can be put on trial for an offense by the federal government even though the person was tried for the same offense in a state court.

In 2015, Terence Gamble was stopped by police while driving with a faulty headlight, and a subsequent search of the vehicle turned up a handgun. Because Gamble had previously been convicted of a felony, his possession of the gun was illegal. He was tried and convicted in state court for illegal possession of a firearm and sentenced to one year imprisonment. While his state conviction was pending, the federal government also charged Gamble with being a felon in possession of a firearm based on the same event that was the basis for his state conviction. Gamble raised the Fifth Amendment’s Double Jeopardy Clause as a defense to the federal charge, but the federal trial court ruled it was forced to reject the defense because of the U.S. Supreme Court’s “separate sovereigns” decisions. The federal court then sentenced Gamble to 46 months’ imprisonment, meaning that Gamble would be imprisoned for nearly three years more than if only the state sentence had been imposed.

In its amicus brief in support of Gamble, The Rutherford Institute urged the Supreme Court to overrule the “separate sovereigns” doctrine because it enables a system where federal and state prosecutors and law enforcement officers can work together against a defendant to apply overbearing institutional pressure.

The Supreme Court’s opinion and The Rutherford Institute’s amicus brief in Gamble v. United States are available at www.rutherford.org. Attorney Elliott Harding assisted the Institute in presenting the arguments in Gamble.

This press release is also available at: https://bit.ly/2wZj9cb

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or viola

Why They Push to “Privatize” Everything…Especially on the Federal Level

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Marti Oakley   PPJ Gazette copyright © 2019

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Ever wonder why the government, that spends billions if not trillions each year on wasteful agencies and programs, then allows those agencies to become so dysfunctional, so costly they become a detriment to the public? This is an intentional plan in action with a very much desired end result. Privatization. This means, that some special, well connected “stakeholder” who will make massive amounts of money bilking the public is ready and set to go. The word stakeholder is a word used to describe those who have a vested monetary interest in profiting by any means necessary and they have bribed, bought, groomed, and pampered any elected official willing to sell you out. And bear in mind that no private interest would be remotely interested in taking over any of these services or agencies if the potential for unlimited and unregulated profits was not part of the deal.

The reason that the federal government and its agencies contract out work to private corporations; work they should be quite able to perform in and of themselves (considering this is the reason they were put in office in the first place) and the vast amount of money squandered each year, is to limit the information the public can gain access to under FOIA or other inquiries. What that private corporation will hide behind is “proprietary rights” and “trade secrets”. Unconstitutionally ceding their business, power and authority to a private corporation provides protection from prying eyes and mountains of unconstitutional and unlawful activity can be safely kept out of the public eye through privatization.

So called “deregulation” , sold to the public as necessary if the economy is to survive, is simply a means by which corporations are allowed to operate without those precious regulations, codes, laws, or other bothersome rules the rest of us are bound by. Supposedly, regulations make business too difficult for them to operate. And you saw the benefits of deregulation in 2008 when Wall Street oversaw the disappearance of millions and billions of dollars of other people’s money…money which was never recovered. The corporate world claimed that those regulations were an interference with “free trade”, and “capitalism”.

60% of all corporations PAY NO TAXES. But somehow they do receive multi-million dollar tax refunds each and every year. How does “free trade and capitalism” sound to you now? Free breaks for them and the capital flows into their accounts. All the while you, the over regulated and taxed individual fights to keep enough of your income to survive on. [2]

STAKEHOLDERS More

Freedom Watch: The Rutherford Institute

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The Free Thought Project: Blue Privilege Continues

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Vaccines Revealed: WSJ Censoring of information about the dangers of vaccines

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The Friday, May 31st edition of The Wall Street Journal published an article on the front page, above the fold: “Vaccine Battle Bedevils Facebook.”

The article blasts Facebook for, ironically, not following up fast enough on their decision to censor information about vaccine safety. Vaccines Revealed is mentioned:

“And the top three vaccine-related accounts recommended by Instagram are ‘vaccinetruth’ ‘vaccinesuncovered’ and ‘vaccines_revealed’—all advocates for the discredited claim that vaccines are toxic.”

In a nation that has historically prided itself in its democracy, individual rights, and freedom of the press, it’s hard to understand how a major publication can decry a public media platform’s failure to silence a group that’s speaking out, within their rights, about an issue as important as this one.

What Does “Misinformation” Mean?

The Wall Street Journal, Facebook, Amazon, and others who are accusing vaccine safety advocates of spreading “misinformation” need to clarify what they mean by this term. There are a lot of opinions being shouted and names being called, but there are few actual facts being shared.

Is it “misinformation” to say that vaccines cause autism? The vaccine injury court has awarded compensation to autism injury claims1. The Department of Justice recently fired their own expert witness when he corrected an attorney who misquoted him as saying vaccines don’t cause autism–when in fact he actually stated that he has seen clear evidence that they do.

Is it “misinformation” to say that vaccine reactions can cause death and permanent disability? There are verified deaths recorded every year due to vaccines, as well as injury caused by encephalopathy, seizures, and neurological damage caused by vaccines. These are recorded facts and are noted on vaccine package inserts2. More

Memorial Day Honoring Those who died for Freedom.

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Posted by Admin:

Author, Chuck Frank

 

 

As a former Marine who served from 1960 to 1964 and also during the Cuban Missile Crises, I am here today to encourage all people in America to give honor to all of those where honor is do. Through, the centuries there have been millions of Americans who went to war and lost their lives for the cause of freedom while the very word freedom, in this case, is a term that most likely fits into the understanding of what is reflected in the U.S. Constitution and the Bill of Rights that traditionally refers to the first 10 amendments of the Constitution. When followed by law enforcement and the courts correctly, this document represents American’s core values which also points to the popular phrase that was written in the Declaration of Independence, which is “Life, Liberty, and the Pursuit of Happiness.”

For the record, there is not one country in the world that has these basic constitutional protections for its people which was bestowed upon us by those great founders of our first government. One of the basic reasons why the Bill of Rights was so important is that it was meant to protect the people from any and all injustices and from their own government.  However, in spite of these protections, many corrupt agencies, courts and judges in the past and today have dishonored the people’s rights and those magnificent protections within the Bill of Rights and thereby dishonored those millions of persons who fought for freedom through the ages.

Today, nations such as China is a perfect example of a lost country which has no protections for its people to where minimal freedoms are delegated to only those who fulfill the mandates and requirements of the totalitarian Communist State, which is, by the way, being ruled by the present Emperor, Xi Jinping, appointed for life and was not voted in by the people through a democratic process.

While the sad plight of the Chinese people is obvious because of its government’s massive electronic web of surveillance, there are other countries to where freedom now lies in the balance, and yes, this includes America, the UK, Russia, Belgium, the entire European Union and more. The intrusion of the people’s privacy is well known, as is the massive web of surveillance and the data that is being collected and archived by various corporations and governments, which should stand as a dire warning to all people who seek basic unalienable rights and freedoms. The world has rapidly drifted into a high tech behemoth where monumental trials and tribulations are already here and will continue as great governmental injustices mount while citizens, regardless of legal statutes, will be tracked while being under suspicion with no probable cause. In terms of overall privacy protections and the surveillance factor, the US today has the worst ranking in the democratic world. This is truly heartbreaking.

This goes to say that America’s freedoms are now being lost at light speed as documented here by Privacy International with a map of the surveillance Societies around the world and showing the UK, US, Russia, China and others in black as designating “endemic surveillance.”

These facts should leave liberty loving advocates speechless when considering the blood and precious freedoms that our heroic American’s fought for while freedom is now vanishing into a black hole. It is urgent that “we the people” begin to make a move for the sake of righteousness and natural rights in order to set the captives free.  Let us work now while there is light, for the darkness comes when no one can work.

TS Radio Network: VA Using USC 38.511 To Deprive Veterans of Their Benefits

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Join us this evening May 22, 2019 at 7:00 pm CST

5:00 pm PST…6:00 pm MST…7:00 pm CST…8:00 pm EST

Listen Live HERE!

Call in number 917-388-4520

Hit #1 immediately when Blogtalk answers to speak to the host.

Hosted by Marti Oakley

All shows are archived and available 24/7 so you can listen at your convenience.

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Whistleblower’s! Is brought to you in coordination with Marcel Reid and the Whistleblower’s Summit, taking place July 29-30-31, 2019 in Washington,D.C

Chauncey Robinson:  Gulf War Veteran having to fight all these years to gain his benefits.

Retaliation, intimidation and unwarranted surveillance best describe what Chauncey Robinson has endured for 28 years.  Claiming they lost his records and medical files, when in fact they shredded them, the Veterans Administration has continued to stall out and deny his claims.  “Veterans are disenfranchised, disowned, neglected and abused; they’re treated like peasants by their own government,” the Desert Storm veteran said. “We love our country but does our country love us?”

Chauncey Robinson returns to talk more about the use of USC  38 .511…this is the code that prohibits actual courts of law to review the VA’s notorious mishandling of veterans cases.  Fraudulent medical reports, concealing of medical records, falsifying federal data bases, destruction of federal claims files, and obstruction of justice are added to the denial of due process and the right to equal access to the courts of law.

The US Department of Veterans Affairs is one of the most notoriously mismanaged, dysfunctional federal agencies in existence, second only possibly, to the USDA.  That any veteran who put on that uniform in our defense, should have to fight 25 years or more for the benefits they were promised is a national disgrace.

Join us as we expand the conversation.

USC 38.511

(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.

 

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