US Constitution Trashed by US Court System, as Explained by Former Prosecution Attorney

 Dear Scott:

The courts have adopted judge-made-law that takes away any rights you thought you may have had under the U.S. Constitution. Note that every other principle of law you and I held dear has been nullified by this new doctrine. As explained below, in a FOREWORD I have just written for a forthcoming book, this new doctrine of law even nullifies the "presumption of innocence" a most precious and fundamental Constitutional right.



UNITED STATES SUPREME COURT TO DECIDE IF CONSTITUTION IS LEGALLY BINDING DOCUMENT

 FOREWORD

By: Wesley W. Hoyt

The Presumption of Innocence is the fundamental right, at the foundation of all personal freedoms in America that embodies the concept "it is better to free ten guilty men than to convict one who is innocent."

For the last 30 years, the government has been using various techniques to replace basic, God-given Constitutional rights, such as the Presumption-of-Innocence, with various legal devices, such as the "Presumption of Governmental Regularity and Correctness." An example of how this device is used is that judges proclaim they will "always believe the government witness over the accused" (in situations where all other factors are equal). Judges who follow the Presumption of Government Regularity and Correctness rule consider only the government’s witness to be an accurate reporter of events and consider the citizen not believable; hence, the evisceration of the Presumption of Innocence.

There are case law rulings creating this abomination of justice, which is contrary to the U.S. Constitution. What should happen under our Constitution is, when only the word of a citizen is pitted against the word of a government witness, without corroborating evidence, the Presumption of Innocence REQUIRES the judge to accept the word of the accused as true. But this new device allows the judge to base his decision on something other than a fundamental constitutional principles, and arbitrarily conclude that the government is right and the citizen wrong.

The Presumption of Governmental Regularity and Correctness is a malicious tool created as an alternative to Constitutional law, fashioned by the New World Order (NWO) movement, to defeat the Constitutional rights of the individual in America. It is the chief technique that allows collaborating government and private interests to transform this country into a police state.

Another technique used in transforming this nation from a free state to a police state, is the attack on the innocent with false charges manufactured by rogue government agents on behalf of the elite who deem themselves to be "politically correct;" i.e., the NWO movement.

"They," these rogue agents and the prosecutors and judges who support them, deliberately attack innocent individuals who criticize the NWO movement simply because of differing views of how governmental authority should be administered, managed and applied.

The tie-that-binds these entities is a form of peer pressure mixed with legalized bribery that encourage government employees to stick together, causing judges, prosecutors and government agents to feel obligated to support each other, even if their conscience tells them that they are prosecuting an innocent person on false charges.

Legalized bribery comes in the form of "cash awards" for government employees from $10,000 to $25,000 per conviction to "recognize and reward" each official under 5 USC §§ 4502, 4503 & 4504 and 5 USC §4302 to enhance their "performance" or for so-called "superior accomplishment" or "a special act or service" or if the act "achieves a significant reduction in paperwork." The criteria is so loose, any employee can be given a cash award for almost anything; consider the power this act gives the head of each agency to manipulate employees. In addition, the government employee can also receive "time off from duty without loss of pay" as a part of the reward for bringing down a politically incorrect person.

A politically incorrect person not only believes in the U.S. Constitution is the Supreme Law of the Land but uses his freedom of speech right to point out law violations by the government. Such was the case of David Hinkson who came under scrutiny of Rogue agents at the IRS, FDA and FBI plus some cooperating individuals who wanted to put him in prison for life so they could steal his business.

Because of something called the "Crony System," a member of the government invariably refuses to challenge another who is attacking an innocent politically incorrect person; this operates like a conspiracy of silence.

Also, the personal agenda of rogue agents, such as when they feel insulted by someone who challenges their authority, as happened in David Hinkson’s case, is perpetuated because these same agents are supposed to be the protectors of the judges and prosecutors who supervise them. These rogue agents are in a symbiotic relationship with the judges and prosecutors that leaves the ordinary citizen "out of the loop" and creates conditions ripe for victimizing the innocent politically incorrect person. 　

The attacks by Rogue agents are not limited to dissenters who make "politically incorrect" statements, sometimes such agents are directed by NWO leaders to attack creative individuals such as inventors who develop products that might compete with private interests, such as big-pharma or the oil and gas industry.

Once targeted, the innocent person’s prosecution will be supported by the Crony System, which relies upon the Presumption of Governmental Regularity and Correctness as the cohesive bonding agent to bind these techniques together ensuring conviction. Not only is the Presumption of Innocence defeated by these techniques, but evidence of other defenses that a Targeted Individual might have, such as alibi or self defense, are simply excluded by a cooperating activist judge.

In some cases, such as in the Hinkson case, the judge would not allow the jury to hear evidence crucial to his alibi defense which could have resulted in his acquittal. For example, when the government failed to produce David’s U.S. Passport, the judge refused to order it produced which would have proved that David was in Ukraine and Russia when he supposedly was soliciting Elvin Joe Swisher to murder federal officials.

Also, the judge excluded from the jury’s consideration Swisher’s official military file which absolutely proved that Swisher was a liar who had not been decorated, killed anyone in combat or served in Korea; in fact, he was court-martialed for misconduct and busted from a Corporal to a PFC.

Failure to produce David’s Passport by the government and exclusion of Swisher’s military file by the judge, who lied from the bench when he said that the file did contain information that supported Swisher’s service in Korea is nothing less than prosecutorial and judicial misconduct – however, there is no one to prosecute them.

When there is no physical evidence that a crime occurred and the only evidence is "hearsay" from the lying mouth of a government witness such as Swisher who claims the accused made certain incriminating statements, there is no other way to rebut the testimony than to show that the other statements by that witness also were lies.

When Swisher bragged to the jury about his fake status as a decorated Korean combat veteran, he clothed himself with unassailable credibility; everybody loves and believes a war hero! He said that David wanted to hire him as a hit man because Swisher had killed "many" in combat. If the jury had learned that Swisher was lying about being a war hero and had never been in combat or to Korea and never received any decorations, his credibility would have been striped from him. Thus, the government was able to use fraud to convict David of crimes he did not commit and the government has never been held accountable.

The failure of the judge to allow David to show that Swisher was lying about his military record, which the government went to great pains to make the center piece of its murder for hire case, denied David the chance to prove that he was not guilty.

The judge applied the Presumption of Government Regularity and Correctness when he excluded the military file by saying that if admitted, it would only "confuse" the jury. Applying that precedent to future cases, one can see that the government will always be in a position to win every case against any person accused of a crime.

Bearing false witness was prohibited under Biblical law. The law of witnesses required at least two witnesses if the person was charged with a hearsay crime (remember in the trial of Christ, the Sanhedrin went for hours looking for two witnesses who would testify to the same lie and finally, the Savior Himself had to help them out by stating that He was divine, which fit the crime of blaspheme. Our system should require no less than two witnesses if an accused is faced with a hearsay crime, and Congress needs to pass a law to make government responsible.

Consider, if someone testifies: "You did it," there is no way to overcome that statement, because "No, I didn’t" is merely "he said/she said" under the pre-1980 system the accused won, but under the present system, the government wins because of the Presumption of Governmental Regularity and Correctness. Your only choice is to prove that, for a variety of reasons, circumstances show that you didn’t do it. Then it would be up to a third party, such as a judge or a jury to "weigh" the evidence and decide who is believable and whether there is reasonable doubt. That is why the Presumption of Government Regularity and Correctness is so damaging because it gives the government, with all its other resources, the advantage in every case, in spite of the Constitution (that requires the Presumption of Innocence to control).

Another technique used by the U.S. Department of Justice is to provide news releases with false information to demonize the accused by mounting community distain against him. This is jury-tampering. No mechanism to prevent the government from doing this because there is no one to prosecute the prosecutors who leak the information.

Another technique is to hold the accused in jail so that he cannot participate in his own defense. By presenting false accusations of additional criminal activity, fabricated specifically for the detention hearing, it makes it possible that the accused is denied bond and, thus, cannot get out of jail before trial.

Typically, in order to be in a position to have the court deny bond, the government claims that the accused has a "list" of persons he is planning to kill. This makes him appear to be very dangerous and thus, justifies holding him in pre-trial detention. Note: Those false allegations used to hold a person in jail before trial are quickly forgotten because there is no truth in them. Thus, by these techniques, the politically incorrect individual will become a political prisoner of the U.S. Government.

The techniques described above are only a few of those used by the government against the politically incorrect; but all such techniques appear to have come from a KGB style play book on how to destroy political dissenters.

Once convicted, the targeted individual will likely serve a lengthy sentence and probably die in prison for crimes he did not commit and which probably never occurred in the first place, such as in the Hinkson case.

Over the years, "hearsay crimes" have foolishly been enacted by Congress with assurances from the Department of Justice that these laws would never be used to target innocent individuals (for instance, see minutes of the Congressional Committee Hearings on the structuring law); when, in fact, they have become the primary weapon used by the DOJ to prosecute the politically incorrect.

Hearsay crimes, such as murder-for-hire, are enhanced by the government’s ability to make phony tapes and videos that imitate the voice of the accused appearing to threaten some ghastly deed; as in the case of Edgar Steele, also from North Idaho.

It is important to remember that Government informants always have something very significant to gain by acting as a cooperating witness. Often informants are allowed to keep the "booty" stolen from the Targeted Individual as happened in both the Hinkson and Steele cases. The federal government influences state law enforcement not to prosecute an informant, and that person is let off "scot-free" with a substantial payment for cooperating.

　It is interesting to note that in David Hinkson’s case, the　government's informant, Swisher, was later convicted　of forgery, perjury and theft of approximately $200,000 of government property arising out of earlier fraudulent representations that he had made to the Veterans Administration. His false presentation to the VA in June 2004 allowed him to fraudulently obtain disability and medical benefits by presenting his false testimony of heroism and his forged military documents. Then Swisher used the exact same fraudulent statements six months later, in January 2005, to support the fictitious allegations in the murder-for-hire prosecution of David.

As a form of reward, the Idaho Office of the U.S. Attorney protected Swisher from prosecution for his fraud on the VA until an honest prosecutor from Montana was assigned to the case by the U.S. Inspector General’s Office; otherwise, he never would have been caught. It took over two years to indict, prosecute and sentence Swisher to prison. Although David the innocent was sentenced to 43 years in prison (which means that David will be over age 90 when he is eligible for parole, or die in prison) Swisher for all his lies and fraud received less than a year of prison time.

In subsequent appellate proceedings, attorneys representing the government have admitted that Swisher lied to the Court and jury in the Hinkson case, but the Ninth Circuit Court of Appeals would not reverse David's conviction because it would embarass one of their colleagues who acted as the trial judge, and they wanted to protect him under the Crony System. David’s case now awaits Certiorari before the U.S. Supreme Court.

There are many political prisoners in America today because people are beginning to resist the grand socialist scheme developed by the NWO groups. The chief power brokers of the world are in a group of bankers known as the Bilderbergs, a non-government organization (NGO) working with various government agencies to achieve their devious purpose, which is to form a "One World Order" with their puppet as a dictator of the world. Part of their agenda is to silence all opposition, especially those politically incorrect Americans who have the unmitigated temerity to say anything they feel any time they want.

The former U. S. Secretary of Agriculture under Dwight Eishehower, Ezra Taft Benson, a man revered by many as a true prophet in our day, warned that such power groups would infiltrate our agencies (e.g., the CIA, FBI, FDA, IRS, DOJ and the Courts) with the intent to take away personal freedoms of the individual. In 1988 he testified of a secret combination that "seeks to overthrow the freedom of all lands, nations, and countries [that] is increasing its evil influence and control over America and the entire world."

This book, A Cesspool of Judicial Corruption-The David Hinkson Story, provides an anatomy of the government’s investigation, indictment, trials, sentencing and appeal　in the David Hinkson case and makes a strong connection between the malicious prosecution of David and the Bilderberg-NWO agenda. It gives the reader a blow-by-blow account of the secret combinations at work and the pragmatics of how it is possible, in a free society, for police state tactics to operate in tandem with　the greatest experiment in personal liberty　in the history of mankind: The United States of America under The U.S. Constitution.

This is how these secret New World Order forces have been and will continue to obliterate the U.S. Constitution:

First, they get Congress and the state legislatures to adopt new laws which subvert personal freedom; second, they bribe government workers into thinking that the new socialism being proposed will somehow be anything less than the tyranny of Hitler’s Nazi Germany and Stalin’s Communist Russia; and third, the very ones who should be protecting and enforcing individual liberties, the judges, who must interpret and apply these laws, use them to override the Constitutional rights of the individual by turning a blind-eye to the prosecution of the innocent. The judges, pretend that they cannot see the injustice and therefore claim they are simply enforcing the new rigid,　wooden and inflexible rules as if it is the will of the people–all of which defies both common sense and our Constitutional rights.

When judges support these new laws by invalidating　the Presumption of Innocence and validating the misconduct of rogue agents, the clear intent is to silence the politically incorrect. Before becoming involved in the movement to "take America back" before it becomes Amerika, the two part question each of us must answer is: "When will my expression of opinion　be considered politically incorrect; and when will I become the target of false accusations?"

My hope for all who read this work is that they may protect themselves by　banding together with like minded individuals as a force for good, to overcome government corruption. May we band together with people who believe in the U.S. Constitution and who desire to expose those who enforce this twisted revision of our precious God-given form of government that our Founding Fathers shaped for us. Remember, "exposure is the only cure for corruption."

It is also my hope that those with good intentions will speak up and demand, en masse, the repeal of laws that defile our freedoms; demand the elimination of false prosecutions; and demand the release of all political prisoners such as David R. Hinkson. Otherwise, the evils of bearing false witness against those who exercise Freedom of Speech will be at our doors with machine guns at-the-ready just as they were at David Hinkson’s door on November 21, 2002, with no one left to stop it.

　

Wesley W. Hoyt, former prosecuting attorney

November 21, 2010 (Eight years later)

I hope this helps you understand that there is a systemic problem in America and that this change is happening right before our very eyes.  If you understand, I would invite you and any who agree with you to join a small number of us who have pledged to work together to reverse this trend in every case where we find injustice, before it robs us of our birthright.  What I recommend is that you identify which US Congressmen or Senators will support your efforts and then this group will write emails in support of your position. Then, when that Congressman or Senator runs a bill in Congress to introduce a law that takes away the authority of the USFS to pull this kind of nonsense, we will start sending emails of support to all the members of the committee to get them to vote for the new law;  then if the bill passes committee, we will send emails to all the members of the House/Senate to support the bill. There are people from all over America in this group. The point is that, We the American People need to make our voices heard, or they will be forever silenced. 


Best regards, Wes