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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #41  
Old 11-28-2020, 4:18 PM
pacrat pacrat is offline
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Quote:
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Originally Posted by TrappedinCalifornia View Post
The reality is that Qualified Immunity is established prior to adjudication of guilt/innocence.
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Originally Posted by librarian72 View Post
I think that is the problem/answer right there. The current invocation allows cases to to be dismissed without hearing, or settlement, of facts. Simultaneously the bar that must be met to get past QI requires facts. The logical barrier essentially gives every official QI.

That would suggest a procedural solution, move the QI question to elsewhere in the process. Sentencing perhaps?
Both of which ALLOW further EXPANSION of instances where QI is applied.

But DISALLOW, at activist judges discretion, the PUBLIC HEARING OF FACTS. Which would be presented at a trial. By granting QI, as soon as a case is filed by granting QI in a summary judgement. Prior to a trial even starting.

Forestalling any chance of new precedent ever being created. Without which. QI is automatically granted. Due to lack of precedent.

A self perpetuating circle jerk, of a protective umbrella of ever expanding QI for malfeasance under color of authority.

Creating a system under which a citizen can be victimized by any and all bad actors under color of authority. Even denial of their Constitutional Rights. Then the courts protect the bad actors from ever even having their offenses heard in court.

Hence, by Court Created doctrine. [QI]............the same courts then deny the victims "DUE PROCESS". Which is the ONLY ENUMERATED RIGHT, ENSHRINED TWICE IN THE BILL OF RIGHTS.

BOTH IN THE 5TH AND 14TH AMENDMENTS.

Yes, this self expanding judicial atrocity began in 1967, with "Pierson v Ray". But the ORIGINAL PRECEDENT established in Pierson has totally been ignored in subsequent expansions of QI by progressive activist judges.

In Pierson QI was granted because the officers were ENFORCING A SINCE REPEALED, STATUTE of Mississippi code § 2087.5.

In current cases, progressive activist judges, NOW ARBITRARILY GRANT QI. To officers, and officials who have knowingly broken STATE AND EVEN FEDERAL CODES/STATUTES.
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  #42  
Old 11-29-2020, 9:03 PM
pacrat pacrat is offline
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https://www.usatoday.com/story/news/...ce/6453096002/

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The lawsuit seeks relief for "multiple violations" of Page’s "Constitutional and other legal rights in connection with unlawful surveillance and investigation of him by the United States Government."

Page claims to have been targeted by the FBI because of his work with President Donald Trump’s 2016 campaign.

The complaints made in the lawsuit refers to four warrant applications by the FBI to electronically survey Page, which the document calls “false and misleading.”

Earlier this year, the Justice Department recognized that it had “insufficient” cause to continue their wiretaps of Page, which was a part of their investigation of Russian interference in the 2016 election. The department also found that at least two of the four warrants used to survey Page lacked "probable cause" to support the allegation that Page was working as a Russian agent.
Most informed people know that Carter Page is suing the Feds for willful malfeasance and illegal surveillance. For lying on affidavits and knowingly misrepresenting facts, using the "Steel Dossier" as justification, that they knew were false.

Orchestrated and Paid for by Hillary and her DNC, during the 2016 campaign. Then carried forth by the Pelosi, Schiff, Cuomo Media allegations

Which in turn created the entire "Russian Collusion" circle jerk used as justification to impeach Trump.

Will the courts allow the American citizens to finally know for a fact, just how crookedly biased certain cabals within those agencies are. By letting it go to a publicly transparent trial?

Or will they add to the distrust American citizens already justifiably have of those agencies. By granting QI and making themselves part of the cover up?

There was a time such would be unthinkable. But the slow insidious incremental destruction of enumerated rights of citizens, brought about by QI, to protect officials from their own bad and even blatantly illegal behavior.

from wiki
Quote:
It is a federal crime to make a material false statement in a matter within the jurisdiction of a federal agency or department. 1 Perjury is also a federal crime. Perjury is a false statement made under oath before a federal tribunal or official.
Brings us to this point today.

Last edited by pacrat; 11-29-2020 at 9:08 PM..
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