Re: Judge killed in Atlanta courthouse
shooting
Sun Mar 13, 2005 17:42
64.140.159.164
-------- Original Message --------
Subject: [Fwd: Judge killed in Atlanta courthouse shooting]
Date: Sun, 13 Mar 2005 11:47:27 -0600
From: Harmon L. Taylor holmes221@earthlink.net
To: Legal Reality
13 March A.D. 2005
This horrific tragedy should put this guy in the death chamber.
May the Lord hear our prays of comfort and support for the survivors in
those families.
What follows is an analysis of the "message" about the "authority" being
used in this case at present. It's the same message we've heard for
years, and it's just getting all the more bold with each passing day.
What is it about any murder case that justifies "federal" involvement?
Here, the theory is that where the victim is a federal agent, the
"murder" case is a "federal" case.
IF we had a "constitutional Government," THEN there'd be no such thing
as a murder case presided over by an Article III Judge. This is
another way to phrase Point 2 of 3 in The Terre Haute Litigation
http://www.apfn.org/apfn/okc_coverup.htm (search in that page for
"Taylor" and you'll go straight to the top of the list of those
materials). How do we know?
There are two types of legislative power. One is the generic grant to
Congress of particular subject matters. I call this one the Legislative
Power. The other one is the generic grant to Congress regarding
exclusive legislative authority over all land owned by the
"constitutional Government." I call this one the Exclusive Legislative
Authority.
In that list of enumerated subject matters, mostly in Article I, but not
exclusively there, there is nothing that even comes close to authorizing
Congress to define or punish a crime called murder (or any homicide, for
that matter, which I'll refer to collectively here as murder).
And, while there are no overt subject matter limitations on the
Exclusive Legislative Authority, that authority is limited by
geography. So, while Congress arguably has the authority, and I'll go
so far as to suggest duty, to define and punish murder for purposes of
all land owned by the "constitutional Government," what Congress creates
per its Exclusive Legislative Authority IS NOT "Law of the United
States!" It's simply "Law of the District."
Here's the clincher. As discussed for The Terre Haute Litigation, there
is no Article III subject matter jurisdiction over cases that arise
under the "Law of the District." While the Article III Judge does have
authority over cases that arise under "Law of the United States,"
there's absolutely nothing that allows an Article III Judge to preside
over a matter just because it arises under "Law of the District." If
there's diversity, or a maritime issue, or something else, then the
Article III Judge would have subject matter jurisdiction. But, if the
sole assertion of authority is that the language under which that case
arises is "Law of the District," then there is no Article III Judge that
can touch it.
And, if we're talking murder, and if we're talking Congress, not
"congress," but Congress, then the authority relied upon to enact that
language is the Exclusive Legislative Authority, NOT the Legislative
Power. Congress could produce "Law of the District" that defines and
punishes murder, but NOT "Law of the United States."
Now, ALL of that presumes the applicability of the Constitution. And,
the reason for going over that, again, with yet ONE MORE case in point,
is that there's absolutely, positively NOTHING about WHO the victim is
(with the obvious exception of Ambassadors and Consuls), absolutely,
positively NOTHING about the INSTRUMENTALITY, and absolutely, positively
NOTHING about the location, that allows an Article III Judge to preside
over any murder case. Period. Murder is a matter that is, per the
"constitutional" plan, specifically reserved to the States, or to the
People.
Therefore, as this horrific murder case moves through the FEDERAL
system, just know that there's night and day difference between this
FEDERAL system and a "constitutional Government" system. If we DID have
a "constitutional Government," there'd be nothing about this case that
would activate any judicial Power over this case. There's a world of
difference between a FEDERAL Judge and an Article III Judge. We have
FEDERAL Judges. And I here flat out tell you that they DO have trial
authority over "murder" cases!
Since this is directly the lesson from the second point in The Terre
Haute Litigation, I can hope that we come to a better understanding of
the systemic message we learn from the OKC Bombing litigation (and Ruby
Ridge, and Waco, and the assassinations, and TWA 800, and S-11, and ...
and now this case, as well), in all respects. "They're" telling us
something, and we do well to listen, for in the message is the correct
identification of the problem. To identify the problem correctly is the
only way to develop a competent solution.
Harmon L. Taylor
Legal Reality
-------- Original Message --------
Subject: Judge killed in Atlanta courthouse shooting
Date: Fri, 11 Mar 2005 08:46:22 -0700
From: spiker spiker@spiker.biz
Source:
CNN.com International
http://edition.cnn.com/
Law Officials: Judge killed in courthouse shooting
http://edition.cnn.com/2005/LAW/03/11/atlanta.shooting/
Friday, March 11, 2005
ATLANTA, Georgia (CNN) -- A Fulton County Superior Court judge was killed
and three other people were wounded Friday when a defendant grabbed a gun
from a deputy sheriff and opened fire, officials said.
The shooting occurred about 9 a.m. in Judge Rowland W. Barnes' eighth-floor
courtroom. Barnes was dead at the scene, Judge Gary Spencer told CNN Radio.
The court reporter and a deputy were also wounded. A witness told CNN that
another sheriff's deputy was seen lying on the ground outside.
All four victims were transported to Grady Memorial Hospital, said Sgt.
Clarence Huber of the Fulton County Sheriff's Department. A search for the
suspect, identified by police as Bryan Nichols, 34, was under way.
A witness told CNN the suspect took his tow truck at gunpoint outside the
courthouse and fled the scene.
The gunman "told me to get out of the truck. I told him he can have the
truck. And I walked away," said Deronte Franklin.
There were reports of other carjackings outside the courthouse.
Police and emergency vehicles surrounded the courthouse, and those inside
said they were locked in courtrooms and offices.
=====================================
NEW UPDATES:
Hall County resident witness to capture of Brian Nichols
Access North Georgia, GA - 3 hours ago
DULUTH - A Hall County woman was a witness to the Saturday morning capture of Fulton County Courthouse shooting suspect Brian Nichols at a Duluth apartment ...
MORE:>>
Subject: [Fwd: Judge killed in Atlanta courthouse shooting]
Date: Sun, 13 Mar 2005 11:47:27 -0600
From: Harmon L. Taylor holmes221@earthlink.net
To: Legal Reality
13 March A.D. 2005
This horrific tragedy should put this guy in the death chamber.
May the Lord hear our prays of comfort and support for the survivors in
those families.
What follows is an analysis of the "message" about the "authority" being
used in this case at present. It's the same message we've heard for
years, and it's just getting all the more bold with each passing day.
What is it about any murder case that justifies "federal" involvement?
Here, the theory is that where the victim is a federal agent, the
"murder" case is a "federal" case.
IF we had a "constitutional Government," THEN there'd be no such thing
as a murder case presided over by an Article III Judge. This is
another way to phrase Point 2 of 3 in The Terre Haute Litigation
http://www.apfn.org/apfn/okc_coverup.htm (search in that page for
"Taylor" and you'll go straight to the top of the list of those
materials). How do we know?
There are two types of legislative power. One is the generic grant to
Congress of particular subject matters. I call this one the Legislative
Power. The other one is the generic grant to Congress regarding
exclusive legislative authority over all land owned by the
"constitutional Government." I call this one the Exclusive Legislative
Authority.
In that list of enumerated subject matters, mostly in Article I, but not
exclusively there, there is nothing that even comes close to authorizing
Congress to define or punish a crime called murder (or any homicide, for
that matter, which I'll refer to collectively here as murder).
And, while there are no overt subject matter limitations on the
Exclusive Legislative Authority, that authority is limited by
geography. So, while Congress arguably has the authority, and I'll go
so far as to suggest duty, to define and punish murder for purposes of
all land owned by the "constitutional Government," what Congress creates
per its Exclusive Legislative Authority IS NOT "Law of the United
States!" It's simply "Law of the District."
Here's the clincher. As discussed for The Terre Haute Litigation, there
is no Article III subject matter jurisdiction over cases that arise
under the "Law of the District." While the Article III Judge does have
authority over cases that arise under "Law of the United States,"
there's absolutely nothing that allows an Article III Judge to preside
over a matter just because it arises under "Law of the District." If
there's diversity, or a maritime issue, or something else, then the
Article III Judge would have subject matter jurisdiction. But, if the
sole assertion of authority is that the language under which that case
arises is "Law of the District," then there is no Article III Judge that
can touch it.
And, if we're talking murder, and if we're talking Congress, not
"congress," but Congress, then the authority relied upon to enact that
language is the Exclusive Legislative Authority, NOT the Legislative
Power. Congress could produce "Law of the District" that defines and
punishes murder, but NOT "Law of the United States."
Now, ALL of that presumes the applicability of the Constitution. And,
the reason for going over that, again, with yet ONE MORE case in point,
is that there's absolutely, positively NOTHING about WHO the victim is
(with the obvious exception of Ambassadors and Consuls), absolutely,
positively NOTHING about the INSTRUMENTALITY, and absolutely, positively
NOTHING about the location, that allows an Article III Judge to preside
over any murder case. Period. Murder is a matter that is, per the
"constitutional" plan, specifically reserved to the States, or to the
People.
Therefore, as this horrific murder case moves through the FEDERAL
system, just know that there's night and day difference between this
FEDERAL system and a "constitutional Government" system. If we DID have
a "constitutional Government," there'd be nothing about this case that
would activate any judicial Power over this case. There's a world of
difference between a FEDERAL Judge and an Article III Judge. We have
FEDERAL Judges. And I here flat out tell you that they DO have trial
authority over "murder" cases!
Since this is directly the lesson from the second point in The Terre
Haute Litigation, I can hope that we come to a better understanding of
the systemic message we learn from the OKC Bombing litigation (and Ruby
Ridge, and Waco, and the assassinations, and TWA 800, and S-11, and ...
and now this case, as well), in all respects. "They're" telling us
something, and we do well to listen, for in the message is the correct
identification of the problem. To identify the problem correctly is the
only way to develop a competent solution.
Harmon L. Taylor
Legal Reality
-------- Original Message --------
Subject: Judge killed in Atlanta courthouse shooting
Date: Fri, 11 Mar 2005 08:46:22 -0700
From: spiker spiker@spiker.biz
Source:
CNN.com International
http://edition.cnn.com/
Law Officials: Judge killed in courthouse shooting
http://edition.cnn.com/2005/LAW/03/11/atlanta.shooting/
Friday, March 11, 2005
ATLANTA, Georgia (CNN) -- A Fulton County Superior Court judge was killed
and three other people were wounded Friday when a defendant grabbed a gun
from a deputy sheriff and opened fire, officials said.
The shooting occurred about 9 a.m. in Judge Rowland W. Barnes' eighth-floor
courtroom. Barnes was dead at the scene, Judge Gary Spencer told CNN Radio.
The court reporter and a deputy were also wounded. A witness told CNN that
another sheriff's deputy was seen lying on the ground outside.
All four victims were transported to Grady Memorial Hospital, said Sgt.
Clarence Huber of the Fulton County Sheriff's Department. A search for the
suspect, identified by police as Bryan Nichols, 34, was under way.
A witness told CNN the suspect took his tow truck at gunpoint outside the
courthouse and fled the scene.
The gunman "told me to get out of the truck. I told him he can have the
truck. And I walked away," said Deronte Franklin.
There were reports of other carjackings outside the courthouse.
Police and emergency vehicles surrounded the courthouse, and those inside
said they were locked in courtrooms and offices.
=====================================
NEW UPDATES:
Hall County resident witness to capture of Brian Nichols
Access North Georgia, GA - 3 hours ago
DULUTH - A Hall County woman was a witness to the Saturday morning capture of Fulton County Courthouse shooting suspect Brian Nichols at a Duluth apartment ...
MORE:>>
- Suspect Captured, Being Held by FBI — Sun Mar 13 18:02
