THE GUILLITINE CALLETH
TIME TO STOP THE LIES
My first criminal case involved lies told by the Denver police. They testified that they smelled marijuana smoke emanating from a third floor of an apartment house while walking down an alley. I told the judge that I wasn’t upset that the cops lied, thinking I would believe them, because I was a small town bumpkin, but if I were the judge, I would be pretty insulted that they would believe the judge was dumb enough to believe their story. The judge took note that smoke rises and suppressed the illegal search of the police. He told officers that he resented their assumption that he would ratify such blatantly stupid testimony. He did not cite them for contempt or perjury.
That’s how my career as a defense lawyer started. I later tutored young lawyers and one time, after an officer’s testimony in a suppression hearing, the young lawyer requested a brief recess. “What for,” asked the judge. “Well, answered the lawyer, the officer told the truth and I don’t know what to do next.”
The judge asked me if I wanted a moment to talk to the lawyer. I told him we won and the judge was going to rule in our favor and to keep quiet. That is what happened. I admit, I was mildly surprised, but things like that did happen, especially with older police officers, the ones who prided themselves with making it to retirement without ever drawing their guns and older judges. However, such candidness is rare. Most cops are more concerned with convictions than with the truth. This trend has become more prominent with the advent of LEAA, where the Government is “modernizing” and militarizing the police. Law enforcement is no longer collaborative, but dictatorial. Shock and awe replaces public relations. Lying is rewarded.
In another instance, a judge gave his court seal to a detective sergeant so that he would not have to be bothered reading affidavits and warrants. The norm at that time was for the judiciary to support ever cock and bull story concocted by the police. This was a showing of patriotism. There were un-American anti-war protesters out there who had to be punished. Cops put flags on their uniform sleeves, became militarized, and freaked out over the presence of hippies. They appropriated the American flag, turning it into the police equivalent of a Swastika. It was them or us. The stories became more and more ridiculous as the judges kept countenancing the culture of lying. People first believe, then they see. They see what they are conditioned to see in a manner that is consistent with their belief structure. .As former prosecutors, they rarely interacted with the citizenry. Their social circle is law enforcement related. And their belief system is the paranoid one of John Mitchel. The Hippies are coming, the hippies are coming. They perceive and interpret as they were conditioned to, and they condition themselves with good short hair Americans. That is their constituency. It is their solemn obligation to maintain order and enforce the law, no matter what. Winning is what counts, not justice.
A good example is the two judges in Ft. Collins, who, while prosecutors, framed an innocent man for murder. As a reward, they were given judgeships. When the `perjury and frame-up came to light and the county had to pay off millions of dollars, the citizens revolted and voted them both out of office. An historical moment. However, the lawyers of Larimer County endorsed them as fit for retention. The criteria is judicial efficiency, demeanor, and docket management, not justice. A similar situation existed in Germany at one time when, under the Nazis, all deported persons were shipped pursuant to a valid court order and the trains all ran on time. Lying is OK if it promotes efficiency.
On the opposite side of the coin, there is legislation, both Federal and State, that make it a felony for a person to lie to an officer of the law. The Federal law appears below
TITLE 18 > PART I > CHAPTER 47 > § 1001
§ 1001. Statements or entries generally
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
There is a similar law in most states. Additionally, the Government can classify documents and records under the cloak of national security, which generally means that disclosure will be embarrassing to some agency or employee. Classifying information rarely has anything to do with national security Thus, we are continually deceived. One cannot run a free democratic nation that way.
After watching recent videos taken in New York, Denver, Boston and Oakland, I have decided that it is time to dust off one of my old proposals for the regulation of officials and governments. The concept is simple. After all, what’s good for the goose is good for the gander. Under the basis of equal protection or fairness, I drafted a state Constitutional amendment following section 1001. It calls for felony prosecution for any government employee to lie to a citizen. If he is a sworn employee, then his sentence is increases and he must forfeit his pension. A liar is not entitled to benefit by his lies. This is particularly true for elected officials. Imagine a politician trying to justify his inherent right to lie to the people. I fantasize of forfeiture happy law enforcement officers having to worry about jeopardizing their own pensions. What about entrapment? Testimony about down drifting smoke might result in a pension forfeiture. Predatory cops could not man speed traps without jeopardizing their retirement.
Politicians will have to tell why they vote for or against things, or keep quiet, which, for a politician is a virtual impossibility. Newspapers would have to change their scandalous priorities because the mud-slinging would diminish. Science could no longer be denied. Green tongue disease would disappear.
There was a time when driver sobriety tests were recorded on video. The cop would testify. Then the jury would see the video. Inevitably, the video conflicted with the testimony. So, the cops and district attorneys abolished videos of suspected drunks and elected to batter the public with needles, trashing the 4th, 5th , and 6th amendments to the Constitution in the process, even though a video of the driver’s behavior is the best evidence.
A look at the footage from the various occupy encampments show why videos of drivers were abolished. It is much easier to get a conviction on prejudice than reality. The system needs cannon fodder to support all those predatory privatized programs supported by the law-enforcement complex with which the executive and judicial branches are so enamored. However, they don’t yet get it. Lies are churned out wholesale by police chiefs, mayors, and other city officials who believe we are stupid and can’t see. IT IS TIME THEY FORFEITED PAY AND PENSIONS. It should be obvious to even the most obtuse law and order fan that administrators lie. Not only that, they act as though we are stupid. It is hard to believe that officials are concerned about health and safety of the occupiers, when they are knocking the hell out of them and using Tasers and pepper spray for sport. I remember how outraged the people were when a Sheriff used a cattle prod on some civil rights advocates. Prods are much less painful than Tasers. If they want to serve the 1%, then let the 1% pay them and give them pensions. Then maybe they will appreciate the term “fat chance.”
Officials can’t describe the scene as a bunch or long haired radical hippies, smoking dope, dancing and fornicating on the lawns. Many of the participants are beyond Viagra. The only thing hard is the riot baton used on them. If the cops had any sense of humor, they would shoot laughing gas at the demonstrators and make them exhausted from laughter. Maybe the protesters should get some and shoot it back at the cops.
How could officials honestly justify shooting at fellow citizens, gassing them and beating the shit out of them with an anti-lying law?. They could not claim that the non-violent demonstrators threw something at them without risking their future. They could not say that the showed up in riot gear to observe and not start a riot. They could not say that jobs trickle down like urine in a men’s latrine. They could not extort money out of us for imaginary boogey men. They could not say that their toys were non-lethal. Governors could not cook crime statistics to support the private prison industry. Ankle monitors would have to be explained in terms of effectiveness rather than used as a foil to convince the public that something is being done in order to satisfy MADD.
Imagine what will happen if the Government had to truthfully justify its drug laws and its involvement in drug trafficking to support off budget clandestine activities. The 1% should support this. The amount collected from the liars will greatly exceed the proposed tax increase on the super-rich.
Recently, the press has reported that police have planted drug evidence on people to make their arrest quotas. Police have given immunity to murders like Bolger so he could do their bidding. Police have assaulted citizens brutally as though they have a license. CIA has controlled the drug trade to fund covert operations, some of which are against us. The government has effectively repealed the posse commitatis act by allowing guardsman to augment police forces nationwide and collect intelligence data on us. Police consistently lie. Politicians consistently lie. Officials consistently lie. IT IS TIME FOR THIS TO STOP.
In France, the fed up people used the Guillotine when they weren’t fed. Worthless, stupid, unthinking heads were removed from the people who weren’t using them anyway. I say use the Constitution and the power of the people. Make our public servants serve us, not enslave us. The rulers have tried to take away our pensions, healthcare, homes, and freedom to pander to the rich and garner campaign funds. Under the amendment, taking such funds puts them at risk. The contributors could be charged as accessories and their property confiscated. The present mess could not have been created and maintained without the complicity of state and Federal workers, paid by us. Our government has become punitive and predatory. They have created an occupation force to keep us enslaved and docile. Tell them to stop. Make them tell us the situation honestly, not using propaganda. Don’t commit us to action to enrich the powerful and corporate America. Don’t let the oligarchs tell us that multimillion dollar “compensation” checks are for any other purpose than to buy influence, politicians and policy makers. Demand that the lies stop. End the corruption. Stand up and be counted. Circulate this among as many as you can and see if we can start something.