Until the US 9th Circuit Court of Appeals overruled Federal District Court Judge, Benjamin Settle, it was “the law” in the Western District Courts of Washington, a.k.a., stare decisis, that a “police officer can fabricate evidence if the officer believed the defendant was guilty”.
Fortunately a three-judge panel of the US 9th Circuit didn’t allow Judge Settle’s “new law” become “stare decisis” in Washington Courts — thank God!
What this case clearly demonstrates is that judges are making rulings, every day, that serve their own “notions” of justice; their own “notions” of their powers; and their own “notions” of what the people must accept as ‘the law’ as dictated by judges. They will rule in any way they want and they will take whatever they can get away with by using their official office as the means and opportunity to accomplish their selfish or perverted motives.
If ‘Black lives matter’, the WORDS OF OUR US CONSTITUTION and OUR WASHINGTON STATE CONSTITUTION MATTER! I cannot find ANY WORDS that says “judges can make law”, nor can I find any WORDS that says a judge can abridge, modify, or enlarge any right, power or privilege of citizens. Contrary to Judge Settle’s attempt to impose “new law” in Washington’s courts, the WORDs found under the 10th amendment to the US Constituion clearly state that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people“. Therefore, under Washington’s constitution, which constitution is authorized by the US 10th amendment, article 1, sec 1, clearly says, ‘governments are established to “protect individual rights”.> Where in these WORDS does Judge Settle find the power to establish his own law that a ‘police officer can fabricate evidence’ so as to ‘convict’ rather than “protect” an individual? Additionally, under the US 14th amendment are the WORDS, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Again, what WORDS in these US and Washington constitutional provisions does Judge Settle rely upon to dictate to citizens that our ‘life, liberty and property’ can be taken by a police officer through the fabrication of evidence?
If Judge Settle advocates for “the fabrication of evidence” in matters of “life, liberty and property” what else do judges, like Settle, intend for citizens? And what do we citizens have for our defense — a three-judge panel of an appellate court? Thank God, the three judges on the 9th Circuit read the WORDS of the constitution and stated that the “Constitution prohibits the deliberate fabrication of evidence whether or not the officer knows that the person is innocent.” Thank God …. but what IF….?
Judges-deciding their own powers; -deciding what the WORDS mean, rather than declaring the WORDS of the law itself; – and deciding what citizens must accept from judges, is horrifying when judges like Settle inhabit judicial office.
Furthermore, judges-judging-judges, circumvents the constitutional provisions that a “jury” decides right and wrong — NOT JUDGES!!! The WORDS of Washington’s constitution Article 1, Sec 21 makes clear that “The right of trial by jury shall remain inviolate”! Where does judge Settle find exceptions to this constitutional provision to by-pass a jury verdict?
But the hypocrisy goes further. As a matter of law, 28 USC 455, judges are prohibited from deciding the powers of judges because all judges have a bias in such decisions. When a “judge”, like Settle, decides for himself his own power to by-pass a jury, to alter constitutional provisions and to deprive an individual of his life… all the recourse we have, as citizens/individuals, are to appeal. In other words, to ask another judge to decide if the first judge obeyed the law. This sets the stage for judges deciding the scope of their own authority — and it is unlawful because all judges have a bias in the scope of their own powers. This conflict in deciding one’s own powers is what 28 USC 455 is meant to prevent.
Folks, it is time we citizens reclaim our “institutions” as they were intended to be used and demand our public servants OBEY THE LAW and protect individual rights … and that includes judges!