Thursday, August 25, 2016

NSA SURVEILLANCE MALFEASANCE + 18 U.S. CODE § 245 - FEDERALLY PROTECTED ACTIVITIES + 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC?


PHOTO SOURCE: COPBLOCK.ORG

A few years ago John mentioned to his alleged CIA buddy the possible scenario of law enforcement malfeasance regarding mass NSA surveillance which allows law enforcement to essentially pre-empt internal investigations -- therefore in a very large sense allowing "the fox to guard the henhouse" so to speak. On August 4th, 2015 John filed his first Amended Complaint with the Superior Court of California; County of Santa Clara -- Sunnyvale Courthouse (Note: John never received the required reciprocal documentation from this court; and perhaps due to this seemingly intentional oversight -- the ex-presiding Santa Clara County Superior Court Judge in charge was later replaced by Judge Rose Pichon). After John turned onto the El Camino Real from Henderson Avenue and waited at the stop light at Poplar Avenue heading towards downtown Sunnyvale; a Sunnyvale D.P.S. vehicle then turned onto El Camino Real from Poplar Avenue WITH HIS LIGHTS FLASHING (!?!) traveling in front (!?!) of John's vehicle all the way up to Wolfe Road.

John was either getting an official escort to the Sunnyvale City Clerks' office and/or this was a lame attempt at intimidating and/or coercing John; who suspects keystroke monitors were perhaps being utilized to track Johns' movements and progress on the Amended Complaint. Adding to this; a cadre of Sunnyvale Police Officers and/or Firemen were waiting in front of the Sunnyvale City Clerks' office in a highly unsuccessful intimidation attempt. Adding to this; at the federal level there was a lone wolf terrorist alert announced on this very same day; suggesting an element of collusion was perhaps involved in this particular incident at the federal level.
 
 
FOR INSTANCE: 8 AUG 2016 / TIMELINE: 1) 1 AUG 2016: Judge bars secret FBI recordings in alleged bid-rigging plot @ http://www.sfgate.com/crime/article/Judge-bars-secret-FBI-recordings-in-alleged-9015186.php; 2) 1 AUG 2016: John calls the Santa Clara County Bar Association (SCCBA) regarding his need for legal assistance (note: SCCBA has not returned Johns' call); 3) 2 AUG 2016: John creates new Addendum Blog 2 post titled "SECRET FBI RECORDINGS ETC" @ http://addendumblog2.blogspot.com/2016/08/secret-fbi-recordings-etc.html; 4) 5 AUG 2016: FBI director James Comey in San Francisco addressing the American Bar Association at the Moscone Center > Police misconduct focus of FBI Director James Comey's speech in San Francisco @ http://abc7news.com/news/police-misconduct-focus-of-fbi-directors-speech-in-sf/1459309/ > Note: After September 11, 2001 the FBI admitted to actively destabilizing activists for 25 years prior to the 9-11 attacks; and the USA Patriot Act later turned this dirty little secret into law. (ACLU) 

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SEE ALSO: 18 U.S. Code § 245 - Federally protected activities -- (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from — (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance. > GO TO: https://www.law.cornell.edu/uscode/text/18/245

NOTE: (1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated. (2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (In other words; nothing is likely going to be done about this particular incident; but we are bringing it to your attention anyway :)

18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant - (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—(A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to—(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3) + (c) Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—(1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release,parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.  > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512

NOTE: (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

CA PENAL CODE SECTION 132-141 132.5.  (a) The Legislature supports and affirms the constitutional right of every person to communicate on any subject. This section is intended to preserve the right of every accused person to a fair trial, the right of the people to due process of law, and the integrity of judicial proceedings. This section is not intended to prevent any person from disseminating any information or opinion.

135.  A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor. + 135.5.  Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor. + 136.1.  (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. > GO TO: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=132-141


GO TO: ILLEGAL USE OF THE UNITED STATES MILITARY AGAINST UNARMED UNITED STATES CITIZENS? @ http://addendumblog1.blogspot.com/2013/11/illegal-use-of-united-states-military.html + VIOLATION OF THE VOTING RIGHTS ACT OF 1965 + RETALIATION AGAINST A WHISTLE BLOWER ETC (CONTINUED) 5 @ http://addendumblog2.blogspot.com/2016/06/violation-of-voting-rights-act-of-1965.html + STUDY FINDS WITHOUT ELECTION FRAUD SANDERS WOULD HAVE WON BY A LANDSLIDE @ http://addendumblog2.blogspot.com/2016/08/study-finds-without-election-fraud.html + YOUTUBE.COM: PRIVATE BUSINESS OF PUBLIC ACCOMMODATION + THE SUNNYVALE POLICE ATTEMPT TO CHANGE A REPORTERS' STORY? @ http://addendumblog2.blogspot.com/2016/07/youtubecom-private-business-of-public.html + NSA SURVEILLANCE ABUSE COVER-UP: GOVERNMENT-SANCTIONED IGNORING OF EXCULPATORY EVIDENCE? @ http://addendumblog1.blogspot.com/2013/08/nsa-surveillance-abuse-cover-up.html 

NSA analysts 'willfully violated' surveillance systems, agency admits @ https://www.theguardian.com/world/2013/aug/24/nsa-analysts-abused-surveillance-systems + 5 Americans who used NSA facilities to spy on lovers @ https://www.washingtonpost.com/blogs/the-switch/wp/2013/09/27/5-americans-who-used-nsa-facilities-to-spy-on-lovers 

SEE ALSO: AFTER RECEIVING A COMPLAINT; THE DEFENDANT MUST RESPOND WITH AN ANSWER? @ http://addendumblog2.blogspot.com/2016/05/after-receiving-complaint-defendant.html + DEMAND FOR CASE REMAND http://addendumblog2.blogspot.com/2016/04/demand-for-case-remand.html + + MIRANDA RIGHTS AND THE FIFTH AMENDMENT: ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU IN THE COURT OF LAW ETC @ http://addendumblog2.blogspot.com/2016/08/miranda-rights-and-fifth-amendment.html + VARIOUS QUESTIONABLE COVER UPS BY THE CITY OF SUNNYVALE AND/OR THE CITY OF SANTA CLARA AND/OR THE SUNNYVALE AND/OR SANTA CLARA POLICE DEPARTMENTS ETC @ http://addendumblog1.blogspot.com/2014/07/various-criminal-andor-illegal-cover.html + TITLE 18 U.S.C., SECTION 1831 / NSA SPYING FACILITATES CORPORATE-SPONSORED PROPRIETARY INFORMATION THEFT @ http://addendumblog2.blogspot.com/2016/04/nsa-spying-facilitates-corporate.html + FEDERAL RULES OF CIVIL COMPLAINTS @ https://www.law.cornell.edu/rules/frcp

QUESTION: Did the untimely and seemingly purposeful death of Missy cat on December 25th, 2015 have anything whatsoever to do with Johns' August and September 2015 Amended Complaint submissions to the Superior Court of California? GO TO: REST IN PEACE MISSY CAT / 25 DEC 2015 @ http://addendumblog1.blogspot.com/2015/12/rest-in-peace-missy-cat-25-dec-2015.html


Note: Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state.

CA CODE OF CIVIL PROCEDURE
SECTION 170-170.9
 
 
170.1.  (a) A judge shall be disqualified if any one or more of the following are true: (6) (A) For any reason: (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. (iii) A person aware of the facts (in other words; John) might reasonably entertain a doubt that the judge would be able to be impartial.

(B) Bias or prejudice toward a lawyer (and/or self-representative like John?) in the proceeding may be grounds for disqualification. (7) By reason of permanent or temporary physical impairment (and/or apparent mental impairment and/or severe cranial/posterior syndrome?), the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding.

170.3. (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b).

(2) There shall be no waiver of disqualification if the basis therefore is either of the following: (A) The judge has a personal bias or prejudice concerning a party.

170.4.  (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upon by the parties to sit and act in his or her place. (5) Set proceedings for trial or hearing. (6) Conduct settlement conferences.

GO TO: CODE OF CIVIL PROCEDURE / SECTION 170-170.9 @ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9 + SEE ALSO: STATE CIVIL PROCEDURE RULES @ https://www.law.cornell.edu/wex/civil_procedure + https://www.law.cornell.edu/wex/complaint
 

NOTE: Procedural errors and/or wrong advice from the City of Santa Clara City Clerk's Office caused John to submit an Amended Complaint to the Superior Court of California, County of Santa Clara (Traffic Court) but while the court may not be legally required to respond to this mistakenly submitted complaint; "the right thing to do" would be to respond in kind and help out another fellow human being in need. Adding to this; John has repeatedly attempted to communicate with the United States Department of Justice (D.O.J.) using the <askdoj@usdoj.gov> email address for about ten years now with no response. Why did the D.O.J. create this email address if they had and/or have no intention of responding?

"PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN!
THE GREAT AND POWERFUL OZ HAS SPOKEN!"
- The Man Behind the Curtain, "Wizard of Oz"
 
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THE SOLUTION? To end this questionable government-sanctioned variety of pervasive class-based discrimination and/or intimidation; a permanent government-subsidized program providing free legal counsel instructing participants self-representation without the assistance of financially prohibitive lawyers and/or attorneys etc would be in order. Adding to this; usage of The Martus System for certain Plaintiffs; Defendants and/or Witnesses and/or Whistle blowers etc could provide an extra layer of protection from intimidation and/or coercion and/or any other legal and/or illegal retaliation involved without the help of a lawyer and/or attorney. > go to: THE MARTUS SYSTEM @ https://www.martus.org/

 SEE ALSO: 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC? #2 @ https://lreblogger.blogspot.com/2017/07/18-us-code-1512-tampering-with-witness.html

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