Tag Archives: Ocala

Question & Answer on Federal Civil Rights Claims against State Courts, Judges, & Lawyers

Question on Facebook from the Distinguished Doctor William Todd Overcash,  M.D., in Ocala and Oklawaha, Florida:
I have a question. Who would feel safe and believe they would get a fair treatment when the Chief Judge of the Florida 5th Circuit removes members of the courts ethics committee and then assigns non qualified members and incites referral of your attorney for disbarment/sanctions 3 days after your legal team files a federal lawsuit against 7 Judges and 20 State Agencies. Be the way, the previous committee 5 months earlier had cleared your attorney.

Answer from a Madman who has been studying this question for 30 years:
Who would feel safe and belief he would get fair treatment when he enters a Dragon’s Cave for the purpose of reclaiming some or all of the gold the Dragon has accumulated by killing people over the years? Whenever you invade a Monster’s lair, you pretty much have to accept that you’ll only be leaving there one of two ways:

One way is carrying the Dragon’s head after decapitating him. The other way is when the Dragon throws out whatever’s left after he’s eaten. Fairness and safety are not rights afforded to Rebels who rise up in insurrections against Monsters or against Monstrous Tyranny.

The Federal Civil Rights laws are written so that you can only invoke Federal supervision over State Courts when individual rights are systematically deprived according to a system of racial discrimination. That MAY or may NOT have been Congress’ “original intent” in enacting 28 USC 1443 and 42 USC 1981 and 1985-1986, but it is how the Supreme Court of the United States and all inferior Federal (and most state) Courts have interpreted these otherwise majestic statutes: they are basically race-based “affirmative action” programs.

So, unless you are willing to take on the question of whether you are the victim of reverse racial discrimination, you cannot enter the Dragon’s lair and expect to come out in very good shape. It may as well be said publicly: RACE defines the struggle for American (and world) CIVIL RIGHTS.

That’s why “Black Lives Matter” is the pre-eminent radical movement of 2016. That’s why non-white immigration is the biggest issue in Europe and one of the biggest issues in the USA. That’s why Donald Trump has such a strong (even if possibly misguided) support among the Far Right/Alt Right “14/88” crowd.

If you think it is a monstrous thing to allocate fundamental rights according to race and only adjudicate claims based on race, then you think that U.S. Civil Rights is Monstrous, and when you attack these questions, you are entering the Monster’s Home…..

If you disagree with the current structure and allocation of Civil Rights and the powers to enforce them under U.S. and International Law, then you need to enter the Political Fray and try to change the law by engaging in and exercising whatever political processes may be available under the First, Ninth, and Tenth Amendments. Or indeed, as Donald Trump made waives for saying earlier this week, however indirectly and obliquely, by engaging in and exercising whatever rights and political processes may be available to you under the Second Amendment to the U.S. Constitution, or, perhaps Article I, Section 2 of the Texas Bill of Rights:

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Article 2, Section 1 of the California Constitution is similar but in no way as absolutely or powerfully phrased:

SECTION 1. All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

It is significant and worth noting that “protection and security” are among the purposes of government included in the California constitution but omitted from the Texas Constitution.  Providing “protection and security” has always been one of the mottos and gangster watchwords of oppressive government….

But also note that, apart from whatever may be inferred from the language of the First, Second, Ninth, and Tenth Amendments, no such express and explicit “right to alter, reform, or abolish…government” is clearly articulated within the United States Constitution, or the Constitution of the State of Florida.

First Friday of Fall (FFF) & Final Friday of September (FFS)—Equinox, Tuesday, September 23-Friday September 26

Q:   How is the Reverend Barry Taylor just like Jonah’s shady bush outside of Ninevah?  (Jonah is one of the most embarrassing books in the Bible, from the standpoint of those, like me, who “want to believe”.  The Book of Jonah’s four short chapters are filled with oversized man-housing whales which act like jails and tree-eating worms who do Gods bidding and expressions that God cares for wicked Ninevites and their animals…and whose sole moral point is that we must accept the will and acts of God, no matter how arbitrary and capricious, inequitable, and unfair they may seem….)

A:   Apparently because God gave his teaching to us for our temporary comfort only, and what God gives easily, God can take away with equal ease.  We did not create Barry Taylor, so we cannot complain that he is now gone.

Comment: but I have drunk from many wells I did not dig, have been warmed by fires I did not build, and drunk wine from grapes I neither picked nor crushed….and yet I was right to do so, was I not?

“Final Fridays and First Fridays” remind me of the wonderful parties that the late Molly Ivins used to put on in Austin, Texas….at which I was privileged to attend regularly, a long, long time ago, in a gallaxy far away, when Texas was a land of free speech, liberty, and ruled by the WD 40 crowd (“White Democrats over Forty”).  That really WAS a long time ago, wasn’t it?   Molly, born in beautiful Monterrey, in 1944 while some of my cousins were stationed in the Navy there, was a native Californian who tragically died of Cancer at the age of 63 on January 31, 2007—she had so much more to say and write about her adopted state.  Molly’s death, and the loss of her community, was definitely one of the major (contributing) factors prompting me to give up and leave my native state.  And now I’m in California half the time and Louisiana half the time.  I cannot tell in which state I enjoy living more: the food and girls are way better in New Orleans, the shopping and museums are better in Los Angeles…. New Orleans has lots of history and beauty.  Los Angeles has lots of money and power.  I feel at peace in New Orleans.  I feel I am a piece of Los Angeles.  

On this Final Friday of September, First Friday of Fall, I think it is time to go back to New Orleans.  The Reverend Barry Taylor is gone from Los Angeles—it’s now cool enough in New Orleans to enjoy the food and chase the girls…  Summer is HELL in New Orleans…. No time of year is really hellish in Los Angeles.  There was a time (around 1992-1994) when they described the four seasons of Los Angeles as “Earthquakes, Brushfires, Riots, and Floods”—rather like the Four Creations of the Maya Popol Vuh or the Five Creations of the Aztec Calendar Stone….Pierre du Soleil ou Calendrier Azteque.

Well, for me at least it was a very intense summer.  Fall will be quieter, I think, wherever I am.  Summer was so intense I cannot quite remember where my summer began.   For me summer began either in New Jersey or Florida, but without studying my travel records or receipts carefully, I’m pretty sure I greeted the Summer Solstice 93 days ago in either Ocala or Orlando, Florida.  I discovered a really good German restaurant in Orlando (the Bauern-Stube, http://www.bauern-stube.com/).  

That schnitzel & dumpling place was the only good thing I really can say about my excursion to Florida, except that I wrote and prepared a really good appellate brief for a really unworthy client (WTO 12 June EMERGENCY MOTION FOR ORDER TO SHOW CAUSE IN THE FIFTH DISTRICT COURT OF APPEAL; 2014 6 12 final Appendix to emergency motion) who ultimately (well, actually, almost immediately) stabbed me in the back… and so I left Florida.

I ended the summer and began the Fall in Beverly Hills, California, in the midst of great turmoil.  On the one hand, I am tortured by the departure of the Reverend Barry Taylor from All Saints in Beverly Hills, especially on such complete absence of notice or warning, amid such dark but unspecified charges “not that anyone plans on pressing charges…”  On the other hand, I brought Croatian ex-Diplomat and New Right Political Philosopher to the Beverly Hills JEM Center where he preached New Right Philosophy to Beverly Hills’ Jewish Community…. I expected some negative reaction here, but instead the negative reaction was all from my fellow conservatives who felt I had done something desperately wrong…. and some even shunned Dr. Sunic as a consequence.   We shall see how all that plays out…. 

Sunshine State Judiciary = Zero Integrity (3 days in Daytona Beach, Ending on Friday the 13th, a Full Moon in Florida)

http://www.starktruthradio.com/?p=497

In my youth, about 22 years ago, I worked for a judge of impeccable honor and integrity—the (really and truly) Honorable Kenneth L. Rykamp.  How honorable was he?  He was sufficiently honorable and righteous to be denounced on the Senate Floor by the late (and sadly not so very honorable) Senator Edward (“Ted”) Kennedy of Massachusetts….at a time when former Chief Justice Warren Burger was saying privately that Ryskamp should be promoted not just to the 11th Circuit Court of Appeals but the SCOTUS itself.  Ryskamp was sufficiently honorable that he (sua sponte, without request or motion of any party, and to the dismay of all involved) recused himself in the middle of a case conference when he realized that there was an extremely indirect conflict of interest with one of his former law partners.

Yes indeed, I left my Judicial Clerkship in the United States District Court for the Southern District of Florida with only the absolute highest regard for the profession and role of judges and the integrity of the American judicial process, state and federal.   I knew there were some serious problems (notably the “war on drugs”) that were incarcerating way too many good people for no good reason, but I saw that the Judges of the Southern District of Florida were actively, actually debating this issue along with that of the U.S. Sentencing Guidelines…. which were manifestly unjust and unfair.  So it seemed to me that even the problems within the system were resolvable.  

That was so long ago that my own son (born during that clerkship) is now a grown man in Law School—and I hope his road is easier than mine way—although I doubt it will be.   I doubt it because in the intervening 22 years, I have come to see and believe that the judiciary is a farce, especially in my natal state of Texas, my son’s natal state of Florida, and my sometimes but repeatedly adopted state of California.  (These just happen to be three of the biggest and richest states in the Union, and I’ve seen enough of the systems in Arizona, Connecticut, Hawaii, Idaho, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico and New York to believe that the problem has spread nationwide.)

The latest developments in Florida are nothing short of demoralizing, however.  Here in this state, the first state where I was ever licensed to practice law, I would not now recommend it (the licensed practice of law, that is, except as a subservient act of service to the most corrupt system I have ever seen).   

I want someone to tell me how William Todd Overcash’s Petition for Prohibition could justifiably have been denied in this state.  See attached Exhibits:  Fifth District Court of Appeal Case Docket

Opinion filed 11 April 2014 Overcash v Overcash 5th DCA Reversing Contempt based on VOID ORDERS

WTO 12 June EMERGENCY MOTION FOR ORDER TO SHOW CAUSE IN THE FIFTH DISTRICT COURT OF APPEAL

WTO 10 June FINAL DRAFT PETITION FOR WRIT OF PROHIBITION IN THE FIFTH DISTRICT COURT OF APPEAL Overcash Appendix to Petition for Prohibition 10 June 2014

2 April 2014 Hearing before Barbara Gurrola—William Todd Overcash v Lori A Foultz

30 October 2013 Adoption of Natasha Overcash %22Celebration%22 on pages 13-14

Friday 13 June 2014 Denial in Case 5D14-2079

Friday 13 June 2014 Denial in Case 5D14-2079

Fifth District Court of Appeal Case Docket
Case Number: 5D14-2079

Family Prohibition Petition from Marion County
WILLIAM TODD OVERCASH vs. LORI A. FOULTZ

Lower Tribunal Case(s): 2002-4655-DR-FJ

06/13/2014 02:52
Date Docketed
Description
Date Due
Filed By
Notes
06/10/2014 Case Filing Fee
06/10/2014 Petition Filed Pro Se – Appellant
06/10/2014 Acknowledgement Letter 1
06/10/2014 Appendix
06/10/2014 Docketing Statement
06/10/2014 Miscellaneous Docket Entry
06/11/2014 Emergency Motion To Stay Pro Se – Appellant
06/11/2014 Appendix
06/12/2014 Miscellaneous Motion Pro Se – Appellant
06/12/2014 Appendix Pro Se – Appellant
06/13/2014 Order Denying Original Petition
06/13/2014 Denied – Order by Judge