Thursday, September 10, 2009

America: Death By Discretion

 Discretion  n. ...(3) freedom or authority to act according to one's own judgment, with little or no oversight
                           or accountability to one's principal.
 Immunity n.  ...(2) in the political, government or position of authority, absolute freedom and exemption
                     (The Oxford Dictionary of Current English. Oxford Pr.)

When all is said and done, though this great nation may die a thousand deaths by attrition, in the end America's tombstone will read: "America, death by discretion."  Indeed, much of what has been done to destroy this country and the rule of law has passed under the rubric of "executive discretion".  While a majority of  Americans have been distracted and kept busy, this country has been sold down the river and the Constitution has become a practical dead-letter by virtue of the globalists and fascists who have embedded themselves deep within the branches of the U.S. government.  They operate under an agenda that is not in America's best interest, and routinely operate outside of the law well aware of the broad discretion allowed member of the executive, judicial and legislative branches.

The discretion at issue here is far more than American's passively approving what is going on in Washington D.C. and in their states in their name (although the discretion given to politicians, law enforcement and the judiciary is almost absolute, and certainly at issue here). At it's core, the more insidious discretion and immunity here is in respect to the almost absolute inability of the American citizenry to hold elected and appointed official accountable, either in court, or in the election booth. Both American law and precedent operate under the presumption that the king can do no wrong (a legal maxim the founders sought to escape).

Read that again.

And it does not matter whether it's prosecutorial discretion afforded to government lawyers by the courts, or political discretion afforded the politician. This discretion, which is virtually unchecked, will eventually be looked on by historians as one of the leading causes in the collapse of the American hegemony and the cheapening of the rule of law. Given the current unrest and protest arising in the United States, it would be wise for every free person to educate themselves on how far the state and federal government can go to silence or retaliate against those whom they find undesirable, uncooperative or a threat.

This is important to keep in mind as Americans raise their voices in town halls about government mandated health care, are scared with vague threats of H1N1 flu pandemics by the media (based on conjecture and surmise), and the resulting government sponsored swine flu vaccine programs; or otherwise deal with individuals and agencies tied to any federal, state or local governmental body. One thing is for sure, the ability of ordinary Americans to affect change or demand accountability of those in power has been materially compromised and stripped of any real relief.

This country was founded upon the principle that men are not angels, and need rules and a constitution (and an informed citizenry) to bind them down. Founders like Jefferson knew that power unchecked is uncontrolled power, and the natural course of things lead to tyranny. Indeed, Congress and state legislatures nationwide often give broad discretion to agency chiefs and Secretaries of various agencies and regulatory arms.  Typically this is found in the language of that body's governing statute. The practical effect of this delegation of broad discretion is broad language and no advance notice of what is forbidden under a given statute. The other result is that said broad discretion makes that director or agency the sole authority and a blank check to later decide (many time after the fact) what is unlawful and how to penalize such conduct.

The dirty little secret that many Americans are unaware of is these agencies become de facto authoritarian as they serve as judge, jury and executioner to all who fall under their rule making authority. Most state and  federal courts are severely limited in judicial review of any agency decision. Factual findings are rarely disturbed. And Agency chiefs serve as the final arbiter to any administrative findings at issue. Not surprisingly, more often than not, the agency chief finds in favor of his own office at the expense of the aggrieved, no matter how specious of a record is before that official. And then the courts rubber stamp the decision, if an aggrieved has the money to seek further review. The conflict of interest and injustice inherently present in such a stacked system is overwhelming.

The courts, however, have long considered the discretion of any governmental agent, especially a prosecutor, to be a sacred cow that cannot be challenged. Indeed, the courts consider any discretionary move made by a prosecutor to be done in good faith. Stare Decisis  holds clearly that in the United States the decision by a prosecutor to prosecute, regardless of the merits of that decision, is absolutely immune from civil liability in an American court. The Supreme Court decided as such in the case of  Imbler v. Pachman , decades ago. Many state bar associations also refuse to investigate prosecutor conduct, even though these prosecutors are members of the state bar, and instead defer to the state to investigate itself (and absurd conflict of interest on its face and in practice). And it is interesting to note that in affirming absolute immunity to prosecutor Pachman whom the court found had knowingly fabricated evidence, allowed perjured testimony and generally acted in bad faith in prosecuting Imbler, that the Supreme Court necessarily found that such reprehensible acts were "within the scope" of presenting and procuring an indictment against an accused. In other words, a prosecutor is allowed to prosecute a case absolutely immune from civil liability regardless of whether the case was prosecuted in good faith, or in bad faith.

Indeed, the Court refused to provide a prosecutor with "mere" good faith (or qualified) immunity that is routinely provided to Police officers under 42 USC 1983 (federal civil rights liability statute of 1862). This decision may be hard for many Americans to square (and smacks of elitism), until we remember that the office of prosecutor is a political one. For every high-profile Duke lacrosse case, where an overzealous and reckless prosecutor is held to account by the state Bar, there are hundreds of cases every year (at least) where no one is held to account and justice is never served. Paul Craig Robert's book The Tyranny of Good Intentions is a good place to start for more specific information on this epidemic.

Are there still reputable, honorable prosecutors at the state and federal level?  Of course there are. Chances are, however, that that these men and women of principle will not excel politically like their less ethical partners in the law in this current unethical, unlawful environment.Yet these are the gate keepers as the elite and big business move this country into a global one world government. Is it any wonder the President can announce a domestic security force with inpugnity? No wonder David Rockefeller can nostalgically regale the elite's present course in his 2002 Random House biography:

     "Some even believe we [the Rockefeller family] are part of a secret cabal working against the best interests of the United States, characterizing my family and me as 'internationalists' and of conspiring with others around the world to build a more integrated global political and economic structure - One World, if you will.If that's the charge, I stand guilty, and I am proud of it" (David Rockefeller. "Memoirs", p. 405)

It is vital that western civilization awaken to the fact that their governments have been taken over by a cabal of globalists and criminals and the mechanisms of justice and recourse are tilted in favor of the government and big business as it is crammed down our throats, regardless of how loudly we object. Justice is based on the presumption that an official be afforded great latitude in his or her discretion because the law presumes all actions will be based on good faith and the integrity of the public official.  In fact, what good is the law if it assumes that those with the most to gain, in an inherently corrupt industry (government), can do no wrong? Or, at the least, that the greater good is served by ignoring such wrongs?

A presumption of good faith in public officials? The founders are rolling in their graves. Jefferson and others have warned about the dangers of an unaccountable judiciary that always expands their authority over the people and away from those in power. We have been warned by the founders over the danger of central private banks ad nauseum. Liberty is hardly a tangible thing when our Constitution is currently given mere lip service and a cabal of corrupt criminals have a choke hold on this once (and still can be) great country.

And yet, despite of the fact that the systems of checks and balances are stacked against the people and set up to serve the status quo, the petition clause and assembly clause of the 1st Amendment gives the people the right to petition for a redress of grievances, and to peacefully assemble and demand change. We must repeatedly exercise these rights in mass until the world and the media begin to shed light on the real nature of the system and the will of the American people. We must also demand that the real perpetrators of 9-11 be brought to justice, or do our part in exposing the vapid, impotent, 9-11 Commission Report, and demand a real and nuetral investigation. Only when our litany of grievances are made public can peaceful change be a remote, but real, possibility; much less actually happen.

If we do not, our course has already been chosen for us. History tells us that unaccountable republics turn into faux-democracies on their way to empire and tyranny. The American people must be awakened and assembled. The courts must be petitioned again and again until perhaps someone or some group with standing finds a judge sympathetic to fundamental fairness and, God forbid, substantive due process and justice.

We must force our grievances into the light of collective humanity before it becomes too late and this country becomes once and for all a full blown police state with a new, 21st Century Constitution that does not recognize individual liberty and the sovereign individual. Let it not be said that while the West slid into tyranny, those with the foresight and vision to recognize what was happening did nothing.

Monday, September 7, 2009


      Terrorism. Individual liberty. Government leviathan. Amid the clash of these three current social phenomena it has become increasingly evident that America is at the crossroads of one of the most serious and challenging crisis in its history. Individualism has been replaced with collectivism. The entire state of affairs in this country has an “Alice in Wonderland”quality to it. Security trumps liberty, punishment precedes guilt, war assures peace. The domestic state of affairs, the climate of which is controlled by business and law, is one of perpetual war. The “war on crime”,”the war on drugs”, and the ongoing “war on terror” all seem to have been cut from the same Machiavellian cloth. The Constitution is often cited yet rarely followed. For almost a decade, government officials and media have reminded the general public ad naseum that everything has changed since the terror attacks of September 11, 2001.  The “post 9-11 world” has required expanding government powers and the relinquishment of many individual liberties in the name of “fighting the war on terrorism”. How odd,  fighting to “defend liberty” on one hand while surrendering it with the other.

            This past November the "change" President, Barrack Obama, took office. The only "change" that is apparent, after more than eight months in office, is the tag line for blind government conformity. No longer is it you're either with us or with the terrorists. Rather, you're either with Obama or you're with the racists and the far-right extremists. Beyond that, "change" appears to be business as usual and more massive Wall Street bailouts. Moreover, the new administration is now labeling veterans and U.S. citizens who are demanding the Constitution be followed as "home-grown terrorists."

           I have experienced a form of terrorism in my life—up close and personally—even before the events of September 11th and the ongoing war on terrorism. I survived these terrorist attacks; and in the process, learned a great deal about how state-sponsored terrorism and the lack of political and civil accountability currently operate in this country. It was also during this period that I discovered the fire, energy and passion within myself to stand up against injustice, to firmly rest on principle and to fight for what is right regardless of if it is popular or the easiest thing to do. Through it all I developed a desire to make a dramatic difference not only in my own life and the life of others, but also in the direction that this country is going by awakening people to what is going on here. 

         In my particular encounter with state-sponsored terrorism, a small business that I was an owner and CEO of was invaded early one winter morning in Maryland during 1998. Startled employees were held at gunpoint while all files, property and computers were taken from the storefront by armed and arrogant terrorists. The rest of the travel agency was left in shambles. These zealots were attempting to make a political statement and to strike fear into the travel agency and my family. The practical effect of this dragnet raid was to shut the business down. Thereafter, a series of baseless and unfounded accusations were thrown to the press, which basically served as their arm for propaganda. This same cabal even tried to extort money and property from us. My wife and I had to retain a very expensive and influential attorney to petition the local court for an Order demanding that what was taken be returned as irreparable harm was setting in.

           The most terrifying and outrageous part of this ordeal is that these particular terrorists all carried badges and were operating under the guise of “color of state law”. What had started as an argument between my wife and the wife of a county detective had unbelievably developed into an unfounded and overreaching
abuse of local authority and a series of retaliatory actions. Indeed, once I began to stand up to them and fight (instead of just rolling over as a majority of accused businessmen and citizens normally do) and actually begin to challenge the baseless accusations, a series of specious and retaliatory criminal charges were then filed against me.

            In fact, after I had petitioned the Circuit Court for the return of much of our business property, and had retained civil counsel who filed a civil rights lawsuit against the officer who initiated the entire malicious ordeal, a sixty count criminal complaint was filed against me ( and my wife who managed the travel agency ), probable cause and a factual basis notwithstanding. The state procedure in Maryland and many other states allows for the filing of criminal charges directly by the state by using a charging document known as an “information”, which requires no finding of probable cause by a magistrate or a grand jury before it is filed. This was vital as they did not have one scintilla of probable cause to charge me with anything. The accusation alone can destroy lives, and they were trying to bully me into submission.

           The false accusations of criminal conduct and the weight that the local media gave scurrilous and unfounded charges by “the authorities” greatly damaged my business and my personal reputation, placed enormous stress on my marriage, dismayed many of our loyal clients, and caused untold pain, suffering and trauma. The ongoing process was covered by the press, and there was pressure to “settle” the matter with the authorities who offered to drop all criminal charges if we agreed to drop all pending lawsuits against officials. This was more about saving-face than justice, and to delay the discovery process in civil court.

          Nearly two years after the original unlawful dragnet seizure and many thousands of dollars of expenses, pain, suffering and even an unavoidable filing of bankruptcy, a Circuit Court judge acquitted me of all charges that the State had ultimately went to trial on, dismissing on Motion all charges with prejudice before they had a chance to get anywhere near the jury. In doing so, the Judge stated for the record that he had no clue how the state’s case tied me to any criminal conduct whatsoever, and that not one piece of evidence had been produced to justify my prosecution. It can not be stressed enough that I played a very active and major role in assisting in my own defense with the office of public defender’s chief trial advocate; in bringing him up to speed on travel law, in assisting his law clerk--even in locating and employing the experts in travel law and accounting who assisted the defense in destroying the state’s case.

          At the time it was the largest number of mass acquittals without any guilty verdict or plea in the history of Maryland’s criminal justice system, and possibly the United States. I have yet to find someone who has gone to trial on as many criminal charges, and had every on thrown out by a judge, without a single guilty plea or guilty verdict.  When prosecuting to silence or retaliate, the government has the habit of throwing every half baked charge against the wall and seeing if something sticks. It's their way of making a citizen sweat and blink. Sixty criminal charges, fifty-five felonies, five misdemeanors, all thrown out with prejudice before a jury could be confused by them, and all filed with no probable cause whatsoever. All filed in retaliation to me standing up against what I saw as an injustice.

            Even though my innocence was proven, and the vindictive and tyrannical prosecution of my business and family exposed as sheer retaliatory abuse, none of the state sponsored terrorists who participated in this outrageous abuse of authority were ever punished for their conduct-nor have I ever been made whole for the calculated destruction of my business and my reputation-despite the fact that the petition clause of the I” Amendment and 42 US. C. 1983 were enacted to abrogate civil immunity. Though victorious in court, my wife and I were forced to declare bankruptcy and suffered tremendous losses.

          Several years have passed since I fought successfully to clear my name and expose this outrageous prosecution as the baseless sham that it was. I am now in my mid-forties and have since moved over 1,000 miles south to Florida where we now reside.  It was there I watched in surreal amazement as the jets hit the World Trade Centers, The Pentagon, and the field in Pennsylvania. Almost immediately I sensed that this was the "New Pearl Harbor" certain elitists had been asking for, and that the government would soon be demanding the keys to the Constitution in the name of fighting "terrorism".  Since then, I have also given up the hope of ever being made whole for my baseless prosecution and damages that befell us in Maryland. Instead, it is now my catalyst. I am now focused on the bigger picture—which involves graduating from college (which I did, on the Dean's list), and law school or graduate school; all so I can credibly do my part in assuring that liberty and justice remain by infiltrating the belly of the beast itself. And my research online has led me to discover that injustice and corruption was far from an isolated event in my life.  In 21st Century America and the western world, it is legion.  The machine chews up and destroys lives and reputations of anyone who dares stand against it.  As more people wake up and begin to demand accountability, expect more.

       It was during part of my time at Eckerd College that I was employed at a temporary position with the Office of Public Defender ( at the suggestion of a professor who was also an attorney at that office). I observed first-hand the entire pre-trial detention process—as the initial interviewer and case handler at that office for all initially arrested defendants. I have witnessed how cold and machine-like the system is, and how authorities game the system to file criminal charges that can evade a grand jury or probable cause hearing, letting bogus and baseless criminal allegations sit on the dockets while the accused either sit or are intimidated. One man (who's identity I cannot divulge) was kidnapped under color of law from a northeastern state and sat in a holding cell for days. This elderly gentlemen, who graduated and taught at the College of the Americas, broke down and cried, explaining his detention and charges were politically motivated and bogus. After that meeting, his entire file was turned over to an attorney with a high security clearance.

       It is axiomatic that our lives as a free people depends on honest, limited government. This country is in dire need of citizens, media, attorneys, and the many honest cops who are willing to fight against a growing police state. Brave souls who have the courage to pursue the truth, to defend the Constitution and to hold those accountable who destroy lives of citizens to further careers, and to demand justice and the truth about 9-11.  And there is certainly a dire need  for honest government attorneys to apply the law. Modern lawyers are supposed to be the trained professional equalizers of our free society of laws—in the courts and within commerce. All people deserve a lawful society. Truth and justice. Is there a more noble cause one can pursue?

       There is temptation as the law confronts terrorism and rampant crime--both real public concerns--to cut corners in compliance with constitutional limits. A frightened, frenzied public screams for protection at all costs, and thinks nothing when accused American-born “terrorists” are arrested and imprisoned for months or years without charges. Yet, the Constitution is for the guilty as well as the innocent, and by requiring it for the “guilty”, it saves the law for the future innocent. When liberty and the rule of law are compromised to better pursue those deemed “guilty” or “terrorists”, the law’s protections subsequently are removed from the innocent or politically targeted by default. This is an important axiom on liberty that should never be forgotten, especially in an America which now has the largest prison population on earth.

             We live in an increasingly staged and manipulated world, with manufactured crisis, Hegelian dialect, and a media that is owned and controlled by the mega corporations and banks. Almost nothing happens that has not been scripted well beforehand. The Federal Reserve and Wall Street have hoodwinked the American public and obligated their children to trillions of dollars that will be owed under the so-called bailout packages passed by Congress. But finally people are awakening to discover their government and the powerful have lied, manipulated and bankrupted this country.  A critical mass is approaching, one that will separate the useless eaters and sheep from the true patriots. And there is no telling what change a critical mass can effect.

              I salute all who will take a stand against this corrupt system. But be advised, it comes with a price and with sacrifices that can intimidate and cause pause in the toughest of people. It is the price if you are serious about taking our country back and standing up to tyranny.  It's one thing to talk tough, it's another to stare down the barrel of 60 criminal charges filed by a sovereign government solely to intimidate and  destroy. Take it from someone who has felt the full weight of a state government bearing down on him: These people play for keeps and they will destroy you if you let them. But, rest assured, if you fight long and hard enough, the turmoil around you will eventually pass. And you will be stronger for it and able to look at yourself in the mirror, and yes, the country and the principle of freedom will benefit from each person's stand. It is the legacy Jefferson, Washington, Madison and the founders left for us: a free republic if we are willing to stand up and fight for it.


Stuart Clinton Hill is a former business owner, CEO, a member of the Association of Certified Fraud Examiners and a graduate of Eckerd College in St. Petersburg, Florida (with a Bachelors Degree in Business Administration and Finance and a minor in Political Science (honors)). I was also a member of Who's Who in Business Executive Club, and was a member of ASTA and CLIA (travel accred.) In July of 1999, the State of Maryland (Anne Arundel County) filed a 60-count criminal Information in County Circuit Court against Mr. Hill, following Mr. Hill's petition for the return of property filed by Mr. Hill and a 42 USC 1983 federal lawsuit filed in U.S. District Court against these same agents. Eventually Hill was acquitted of all charges or had them dismissed, by a Judge who was forced to admit no evidence of criminality had been presented on ANY of the 55 felonies or 5 misdemeanors filed or prosecuted. At trial, a letter was admitted into evidence that showed that the charges were filed in retaliation to Hill's petitioning and lawsuit.