Some thinking about tampering with evidence and spoliation. And orientation for new readers.
Some thinking about tampering with evidence and spoliation. And orientation for new readers.
Orientation Note to New Readers
There are a lot of new subscribers to Bailiwick.
There is a lot of material here, and I pitch my writing toward readers who already understand the basic issues because they’ve been reading here for several months. I build on the knowledge those readers already have.
If you’re a new reader and want to read one or two posts to get mostly caught up, please start with these:
Feb. 26, 2022 - Legal Walls of the Covid-19 Killbox
April 28, 2022 - American Domestic Bioterrorism Program: Building the case to prosecute members of Congress, presidents, HHS and DOD secretaries and federal judges for treason under 18 USC 2381. Pinned post, Sept. 2022 footnoted PDF
If you want to go back and follow the legal research trail from late January 2022, all of my work is compiled by month in footnoted PDFs and those are available at Bailiwick’s Wordpress backup site. (Scroll down past the Affidavit of Noncompliance and Selected Essays to 2022 Bailiwick News.)
As the subtitle on the pinned post says, my goal is to build the case to prosecute individuals who have worked or still work within the US Government, for treason, terrorism and related federal crimes committed through the fraud + mass murder program known as Covid-19.
I’m not a lawyer. I’m a paralegal and writer. I do legal research and writing that can be used to support civil and criminal cases when private attorneys and/or public prosecutors decide to draft and file in US courts.
I’ve been able to do the research covered at Bailiwick because I’m not a lawyer. I can devote time to research and writing, because I haven’t been handling any part of the flood of non-treason cases — challenging mask, test and vaxx mandates, prying clinical trial data out of the FDA, fighting for jobs and businesses and military careers — that warrior-attorneys like Warner Mendenhall, Robert Barnes, Jeff Childers, Todd Callender, Tom Renz, Aaron Siri and hundreds of other, less-well-known lawyers have been heroically bringing these past three years.
Private attorneys and public prosecutors are unlikely to file treason, terrorism and related federal criminal cases, and federal judges are unlikely to accept such cases, without significant, well-informed public pressure.
That’s the other main purpose of Bailiwick: educating and mobilizing more people to exert social and political pressure on attorneys and judges, to terminate the interlocking control-and-cull campaigns operated under a fraudulent national emergency framework; hold accountable the US Government officials who pseudo-authorize, actually-fund, and run the programs; and set up relief programs for injured victims and the survivors of the dead.
I post sacred art with my writing because I’m Catholic, the art is beautiful, the saints are inspiring, and without the faith that my father passed down to me, I could not do this work.
Some thinking about tampering with evidence and spoliation
Email exchange related to the faked clinical trials and the US Government’s fraudulent representation to the public, that the submitted data was valid support for FDA review, authorizations, approvals, marketing and use of the toxic products.
Question:
Do any of the federal statutes on tampering (w/ stuff like clinical trial records) have rights of private action or whistleblower rights or similar?
My reply, revised and expanded:
Need to think about this idea more, re: private or whistleblower rights on tampering with evidence, destruction of evidence, spoliation of evidence.
Spoliation is “the destruction or alteration of evidence resulting from a party's failure to preserve evidence relevant to a litigation or investigation.” If the case gets to trial, spoliation entitles the opposing party to an adverse inference jury instruction. The jury is instructed that, because the spoliator destroyed or tampered with evidence, the jury may presume that the evidence would have been unfavorable to the spoliators’ defense and would have supported the plaintiffs’ case.
My initial thought is that a tampering case would need to combine causes of action: tampering/spoliation + something with a private cause of action.
For example, a color of law violation under 18 USC 242, a terrorism violation under 18 USC 2333 (the private civil cause of action for terrorism crimes) or maybe one of the APA-related/ data-fraud-based CDC criminal violations identified in the Ealy v. Redfield petition for a grand jury investigation.
Ealy v. Redfield is a case filed in US District Court in Oregon against former CDC Director Robert Redfield, CDC Director Rochelle Walensky, former HHS Secretary Alex Azar, HHS Secretary Xavier Becerra, Director of National Center for Health Statistics Brian Moyer, and others to be identified during investigation.
I think what we're working toward is a private case, or set of private cases, that parallel Ealy v. Redfield. But instead of petitioning a federal judge to order DOJ perpetrators to convene a federal grand jury, which corrupt Attorney General Merrick Garland and his corrupt DOJ attorneys would control to suppress evidence and compel a whitewash report, the private cases would seek injunctions to terminate the fraudulent national emergency declarations and federal vaccine/lethal injection programs, move discovery forward and get to a standard civil jury trial that would stay under the direct control of an honest federal judge.
The main hurdles, as in all the other strategies, are the court-stripping carve-outs in which private cause of action is blocked as soon as US Government officials and military leadership are the named defendants.
For example, the private False Claims Act that Brook Jackson filed under, at 31 USC 3730(e)(2), states that if the evidence trail leads to members of Congress, members of judiciary or senior executive branch officials, "no court shall have jurisdiction."
No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought.
And at 31 USC 3730(e)(1), False Claims Act says that once evidence trail leads to members of armed forces, "no court shall have jurisdiction."
No court shall have jurisdiction over an action brought by a former or present member of the armed forces under subsection (b) of this section against a member of the armed forces arising out of such person’s service in the armed forces.
When US Gov/DOD does fraud, it's not prosecutable crime under US law.
Same deal with the private 18 USC 2333 terrorism claims, at 18 USC 2337.
No action shall be maintained under section 2333 of this title against—
(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or
(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority.
When the US Government does mass murder, it's not prosecutable crime under US law.
The only way to move forward, it seems to me, is to have a third prong, which is an argument that the men and women doing these things are not acting in their official capacities or under color of legal authority but are rogue actors.
This is related to the other idea recently kicked around on this email thread: prosecuting Trump, Biden, Azar, Becerra, Fauci, Birx, Walensky, etc for impersonating federal officials (18 USC 912).
We need plaintiffs, fact patterns and claims that drive a legal wedge to separate the legitimate US Government and the people still operating under the US Constitution and legitimate federal laws, from the infiltrated/co-opted illegitimate US Government and the embedded agents operating as if the US Constitution has been suspended, under federal pseudo-laws through the fraudulent national emergency and public health framework.
Such a case would have a better chance of surviving the DOJ motion to dismiss, because DOJ attorneys would have to choose between two, or possibly three, damning options.
A. US Government could move to dismiss the private claims on grounds that the named defendants were acting in their official capacities and under color of law, because fraud and mass murder are the official, authorized, funded, publicly-declared policies of the US Government. The motion to dismiss would be an open statement to the American people and world that the US Government has been lying to everyone and killing millions of people for a long time, and is still doing it now, because the US Government construes itself as above and beyond ordinary law, entitled to lie and kill without legal or political consequences.
B. US Government could move to dismiss the private claims on the grounds that the named defendants were not acting in their official capacities, and are therefore rogue agents who can be sued in their individual, personal capacities, but have no legal connection to the US Government. This would, perhaps, require the remaining, legitimate US Government officials to terminate the employment of the defendants. It might be tricky for the US Government to make the argument that Trump, Biden, Austin, Fauci, Walensky, Birx, Redfield, Kadlec, Gruber, Azar, Becerra & Co. were not authorized or funded to commit the fraud and murder acts they demonstrably carried out from US Government positions within US Government facilities while on US Government payroll. But DOJ could certainly try.
C. US Government could move to dismiss the private claims on the grounds that the US Government has been telling the truth about the national emergency and the public health campaign, and that people aren't dying. As the bodies keep piling up, and the independent scientific and regulatory analysis gets down to the bottom of the data, diagnostic and clinical trial fraud, that argument becomes harder to make to federal judges who have any personal integrity at all. More people every day can see the lies and the deaths. Even federal judges.
Summarized: we need to get the US Gov in a position where it must either admit or deny that fraud + mass murder is the official, authorized policy of the US Gov., such that the identifiable people who are running the programs have recourse to legal defense services provided by the US Department of Justice, or get cut loose, declared rogue and are then opened to criminal prosecution in their personal capacities.
This same framing can also be used in the Five Small Stones pro se cases.
Victims filing claims against hospitals, nursing homes, pharmacies, lethal injectors, employers, schools and so forth, can lay out the US Gov-led fraud-plus- (medical malpractice, homicide, medical battery, wrongful death, torture, mutilation, wrongful termination and so forth) framework.
The plaintiffs could then insist that the defendants (doctors, nurses, pharmacists, business executives, school administrators) pick a side.
Lethal injectors can argue that they too, were victims of the US Government fraud, and therefore join the victims’ side and file more suits against the US Government, on grounds that they were fraudulently induced to conspire to maim and murder people.
Or they can argue that they were knowingly acting as fully-authorized agents of the US-Government-sponsored bioterrorism program, and therefore can’t be prosecuted because they did what they did in the course of their official, lawful duties.
Ealy v. Redfield, Petition to Impanel Grand Jury to Investigate Allegations of Federal Crimes, at p. 14
“Specifically, there is probable cause to believe one or all Defendants violated the aforementioned Administrative Procedures Act (5 U.S.C. §551 et seq.), the aforementioned Paperwork Reduction Act (44 U.S.C. §§ 3501–3521, Public Law 96- 511, 94 Stat. 2812 amended to 44 U.S.C. §§ 3501–3521, Public Law 104-13, 109 Stat. 182), and the aforementioned Information Quality Act (Section 515 of the Congressional Consolidated Appropriations Act, 2001 Public Law 106-554).
In violating these federal laws, the Petitioners allege that crimes have been committed against the citizens of the United States.
There is probable cause to believe that the violations of the APA, PRA, and IQA subsequently led to violations of the following federal laws by the Defendants, Major Fraud Against the United States (18 USC §1031), Fraud in Connection with Major Disaster or Emergency Benefits (18 USC §1040), Conspiracy to Defraud the United States (18 USC §371), False Statements Related To Healthcare Matters (USC §1035), False Statements (18 USC §1001), False Information & Hoaxes (18 USC §1038), that can be constituted as acts of Domestic Terrorism (18 USC §2331 - Chapter 113B) and Malfeasance (18 USC §3333), that may have resulted from a Conspiracy Against Rights (18 USC §241) and definitely led to the Deprivation of Rights Under Color of Law (18 USC §242) and may include Subornation of Perjury (18 USC §1622) and Misprision of Felony (18 USC §4) to be determined during the investigation by the grand jury.”
Some thinking about tampering with evidence and spoliation. And orientation for new readers.
Your work is astounding. I wish I was smart enough to help. For now , God placed me inside a hospital for the last 3 years. I boiling mad after listening about the fraud of the flu vaccines and not putting them in “moth balls” is not advantageous to the “ greater good of our government “. People actually smiled in the CHD podcast and knowingly wrote a prescription for their patients to be vaccinated. This is malfeasance and against one’s Hippocratic oath . My father , like yours, made a huge impact on my life , to do the right thing . I’m done ranting ... anyone listening, thank you.
Thank you for your Herculean efforts to educate all to the legal “gymnastic tactics” of Satan’s puppets. While I appreciate the art you share, and your profound belief in God, I cannot share your trust in the organized hierarchy of the Catholic Church. There are many wonderful God fearing members of said church, the leaders are another story. I know too much if the history present and past. God bless you as you endeavor to aid us in the battle against tyranny.