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Saturday, Sep. 04, 2004 at 5:51 PM
Open Letter to Governor Owens of Colorado regarding the upcoming September 10th, 2004 sentencing of Constitutional ativist, Rick Stanley (www.stanley2002.org) who is facing up to 32 years in prison for exercising his constitutionally guaranteed rights.
Dear Governor Owens,
First of all I would like to thank you for signing SB-25 into law and thus rolling back the illegal and unconstitutional ordinance that forbade the citizens of Colorado from carrying side arms within the city limits of certain "home rule" cities, such as Denver. Thank you for your stand for the Constitution as being the supreme law of the land of Colorado as well as for the United States of America. I am sure that millions of patriots including those who have been concerned about their constitutionally guaranteed, 2nd amendment right to keep and bear arms will hold you to be a hero and you will go down in history and be remembered as a defender of the 2nd Amendment and the rights of the free citizens of the state of Colorado. I am certain that you are quite familiar with the following legal quotes but I will include them in this letter so they will once again be fresh in your mind. I am sure you must have reflected upon those quotes before you signed SB-25 into law and I do hope that you will continue to think upon them whenever there is any question or doubt of there being any violation of the Constitution or the Constitutionally guaranteed rights of the citizens of your great state of Colrado whom have elected you to serve them to the best of your ability.
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, and not merely from the date of the decision so branding it... No one is bound to obey an unconstitutional law, and no courts are bound to enforce it."- Sixteenth American Jurisprudence, Second Edition, Section 256
"Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it. 16 Am Jur 2nd Section 177
"The claim and exercise of a constitutional right cannot be converted into a crime. Miller v. U.S. 230 F 486 at 489"
Governor Owen's, it has long been brought to my attention that a certain citizen of the state of Colorado has become somewhat of a "thorn in the side" to certain judicial and law enforcement personnel in the Denver area as well as to many in government who seek to usurp the Constitution of the United States of America and it is rumored that they intend to rid this percieved menace once and for all by sentencing him on the 10th of September, 2004 for up to 32 years in prison for the mere crime of exercising his constitutionally guaranteed rights. I am quite certain you are familiar with the case since I have read many letters written to you by other concerned citizens regarding the matter so no need for me to go into all the details of the case again. I really do question whether or not you have actually recieved those letters or if they have been filtered by someone who doesn't have your best interests in mind. It is posssible that someone is keeping this from you so any repercussions will be blamed on you, thus damaging your career and credibility. I will post this letter publicly as a media release also to help insure that you recieve it. It may be that someone you know will read it and pass it on to you and you will then act upon it before it is too late.
There is a great storm brewing within the patriot community because this injustice is not only affecting the accused and his family, it is affecting all of us who love liberty and the country that is founded upon our Constitution and the Bill of Rights which we all cherish.
We are forced to obey many unconstitutional laws and we are very tolerant of abuses compared to our forefathers and although we are taxed far beyond what is right yet we have not revolted. There have been hundreds of thousands or millions of people who have been imprisoned or fined for doing things that were once legal to do by our forefathers and I am sure if they were alive today, many of them also would be arrested and imprisoned. I am quite sure they all would have called for Revolution long before now and tar and feathering would once again be common practice until those tyrranical usurpers of government once again learned to fear the people. "When the people fear the government, that is tyranny. When the government fears the people, that is liberty. - Thomas Jefferson
We, the people of the United States of America, are tired of cowering down and being afraid of those tyrannical usurpers in government who have trampled our Constitution under foot. We are supposed to be a free people yet we are forced to get licenses, permits, tags, etc. for nearly every activity that we do or we become outlaws and are judged and sentenced as criminals. We suffer those abuses because they have long been common to all of us and most people have become accustomed to the yoke BUT what we will not tolerate is a blatant and flagrant violation of of our rights that have
been explicitly spelled out in the Constitution and the Bill of Rights, namely, in this case, the right to keep and bear arms. Certainly you must agree or you wouldn't have signed SB-25 into law.
Just briefly let me go over the case so you can apply the above quotes and judge it righteously.
We have a man, who dearly loves our country, our rights and the constitution and has stood up in defense of them for us all.
He's a charismatic and outspoken man who was truly "born ahead of his time". Had he been born 150 years earlier he would surely have been a force to be reckoned with. I am sure you are aware of the facts surrounding his arrest involving the wearing of firarms within the city limits to purposefully contest the unlawful ordinance that you helped to reverse by signing SB-25 into law. Not only was Denver in violation of the Constitution for the United States but also for the Constitution for the state of Colorado. This man was arrested and sentenced before SB-25 was signed into law. As the above quotes proclaim, those laws were null and void from their inception and no one was bound to obey them nor enforce them. The man proceeded to go about and live his life as those ordinances never existed and they did, in fact, not exist. He should never have been arrested and he should never have been sentenced. After you signed SB-25 into law confirming that it is still lawful to carry a firearm in Denver, the man was given the option to wear an ankle bracelet under house arrest or serve the jail time that he was sentenced to. He refused to be humiliated by wearing what amounted to a dog collar by it's master and demanded that the police come and get him since he would not voluntarily submit to being caged like an animal unjustly by appearing at the jail at the appointed time. Many pleas we're sent to your office, including two from me via email, but I doubt that they even reached your desk. I am sure that you have much more to do as Governor than filter through thousands of emails every day and had this case come before you I am sure that you would have acted swiftly to grant this man his due pardon. He served his 102 days in jail and was deprived of further rights, especially his right to liberty and the pursuit of happiness. His wife and children also suffered needlessly as well as his business and his finances. I am quite sure also there is a multimillion dollar lawsuit that would most likely be awarded to him if he should ever decide to press charges. It isn't the money that he is concerned with though, it is our rights. He has sacrificed his own liberty for ours and we are indebted to him for it. His sacrifice will not have been in vain, especially if he is forced to sacrifice needlessly and without just cause any further.
This man wrote a Notice and Order to the judge via the court advising him that if he didn't return his gun to him and drop the sentences that he would be arrested by the Mutual Defense Pact Militia to be tried for treason.
Below is an excerpt of the exact wording of the Order and NO WHERE in it does it say nor imply that the man, Rick Stanley was going to have the MDPM try and hang the judge for treason.
"Rick Stanley demands that Judge Donald W. Marshall, Jr., overturn this conviction of Stanley on constitutional grounds. Failure to do so will result ina treason charge against Donald W. Marshall, Jr. for failure touphold the oath of office to defend the Constitutions, which thiscourt has on record, and Donald W. Marshall, Jr., swore to, as a“condition” of his office. This treason charge, will result in aMutual Defense Pact Militia warrant for Donald W. Marshall, Jr.’sarrest if the following conditions are not met: 1. Overturn the unconstitutional conviction of Rick Stanley for violation of TRMC 38-237 because TRMC 38-237 violates the constitutional rights of Rick Stanley, under the guise of “color of law.” 2. Return the ,500.00 bond to Rick Stanley. 3. Return Rick Stanley’s property which consists of 1 each Smith and Wesson 6 shot .357 pistol and 6 each .357 bullets."
(1.) A treason charge was to be made by Rick Stanley (2) This treason charge, will result in a Mutual Defense Pact Militia warrant for Donald W. Marshall, Jr.’s arrest if the following conditions are not met:
That's it. Everyone in the MDPM knows when you make a citizens arrest you hand the criminal over to the police as soon as possible. Of course the police would just arrest the arresting citizens and let the judges go. The judges jumped to the erroneous conclusion that they were going to be hanged and took it as a threat to influence their unconstitutional decisions.
True, the MDPM, or any citizens for that matter, can and should have arrested those judges for treason since they have betrayed our constitution and knowingly sentenced an innocent man to jail. They are guilty, Governor Owens, and I believe that they will one day be arrested either by citizens or the police (legally) and they will stand trial for treason and it will be in a real court of law not a kangaroo court as in this last case where most of the jurors were teenage girls. There's a lot of judicial reform movements making fast headway and things will be different in the very near future. The usurpers of our government are not going to just sweep Rick Stanley under the rug and think no one will notice and hope that the activist problem will go away. Maybe they think they will just make an example out of him so no one will ever try to stand up in the face of tyranny again. Wrong. It's in our blood, Governor Owens. I am a 7th generation son of a soldier who fought in the Revolutionary War, and I for one will do all I can to insure that what he and all our forefathers fought, suffered and died for was not in vain. We will not go away. We will not be silent and we will fight for our rights. I have children and grandchildren and they wont go away either. There are millions of us who are waking up from the lullaby lies of the usurpers of our Constitution and we are beginning to unite and come together for the aid of our country and our patriot brothers and sisters who are being sentenced unjusdtly. There are organizations and groups starting all over the country including one that I have recently started thanks to those who have wrongly persecuted Rick Stanley. It is they who have caused to be brought into existence the Constitutional Rights Enforcement & Support Team (C.R.E.S.T.) Chapters will soon be springing up in every county all across the country in defense of one another against those who would deprive us of liberty for the sole "crime" exercising our Constitutionally guaranteed rights. Please read our charter to know more of what we are about. http://www.geocities.com/mikearion/crest.html The tip of the iceberg will be our Yahoo group at http://groups.yahoo.com/group/thecrest.
We are patriot Americans on the side of true law and order and stand ready to serve our local Sheriff's Department in enforcing legal laws and to defend our country and our Constitution against all enemies, both foreign and domestic. We believe right is might not might is right. We will exhaust every peaceful means before using what ever force may be neccessary to secure the liberty of our innocent brothers and sisters. C.R.E.S.T. members will not use firearms nor lethal weapons in defense of our members. Those are reserved for the defense of our country or in the event of a complete overthrow of our constitution from within or without. An order given by any government, including our own to disarm the American people will be considered an attempt to completely overthrow of the Constitution and will result in an automatic call to arms. We are basically a last resort 2nd amendment rights organization and that is our primary purpose but we will not just stand by and watch as our patriot brothers and sisters are sentenced to the perils of prison life for exercising their constitutionally guaranteed, Rights. No Sir. We will not be guilty of the sin of omission.
I entreat you, Governor Owens, to please drop all charges and sentences against Rick Stanley, for the sake of Liberty and of our Constitution and also restore to him the things that have been taken from him and make restitution.
Yours in Liberty,
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