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How to Sue for Due Process

Why a federal case?

Photo - Family alone

Predatory corruption is the single biggest problem affecting military and veteran families going through divorce, alimony and child support. For over 30 years, corrupt attorneys, officials and judges have been profiteering on the stress and pain of these families. The ONLY way to solve this problem is to bring it into the light of Due Process by Federal Enforcement.

Corrupt divorce lawyers trick former spouses into believing the have a Right to support from federal disability benefits that belong to someone else. Whenever we disagree, more attorneys get involved and all the money goes to them. The bigger the argument, the more money they steal from both sides.

Veterans are imprisoned to extract money which the state has no authority to touch. Children are illegally stripped of their parents and all of our family resources are consumed by the corruption. Our children are left to poverty while the attorneys, officials and judges protect their income and lifestyle at our expense. No wonder the suicide rate is becoming worse.

Our families are targeted because of the stability of military pay and veteran benefits. Social Security beneficiaries are also targeted because they cannot afford to protect themselves. This article is about how to bring Federal Enforcement of Due Process to defend our families from parasitic attorneys and corrupt state courts.


Image - Judicial Scales Federal Enforcement of Due Process means asking the federal court tell State Actors (ie. judges and officials) why they cannot ignore certain Rights, especially the ones covered by Federal Preemption."

You do not need a lawyer to do this.

Most of them will try to talk you out of it because they are a big part of the problem.

  • Public defenders are useless.
    They are employees of the state, so they participate in the fraud to keep their paychecks.
  • Pro-bono attorneys and "legal-aid" organizations are just as useless.
    They are no help to indigent veterans waiting for VA decisions because they presume the veterans are not disabled.
    When the veterans get their disability decisions, they are no longer considered indigent.
  • Parasitic private attorneys all want buckets of cash up front because they know they cannot garnish anything from VA or SSA benefits after they screw the vet over.

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I am not an attorney and this is not legal advice. These are just the FACTS proven by countless thousands of dead veterans and broken families. You do not have to take my word for it. The examples below contain all the references you need to prove EVERY statement of fact and law. You are welcome to use them to protect your family from corrupt attorneys and such.

This is not a secret advantage or dirty trick. Due Process means documenting the steps taken to protect individual Rights. The purpose of Federal Enforcement is to keep the attorneys, officials and judges honest, whether they like it or not.

Remember:
Attorneys are creatures of profit.
They do not bother to check the facts until they are about to make money or lose money.


Relief

We do not have to wait for a bad order from a state actor. The moment they begin to talk about using VA or SSA benefits for alimony or child support, we can ask the federal court to explain why VA and SSA benefits are totally exempt from state jurisdiction based on the clear and unmistakable federal preemption of state jurisdiction found in 38 U.S.C. § 511 and 42 U.S.C. § 405 which is why actors cannot ignore federal Rights, established by 38 U.S.C. § 5301 and 42 U.S.C. § 407(a)(cl.1).

The same thing applies to active military housing allowance (BAH) and retired military Combat Related Special Compensation (CRSC). Title 10, Title 37 and Title 38 are Positive Law titles, therefore "legal evidence of the law," which means the words of the law take precedent over court rulings and "legislation from the bench." ALL of these Rights are protected by the Supremacy Clause. That is called "Declaratory Relief."

Photo of gavel

If they they still violate our Rights, we can ask the federal court to Order the state actors to fix the problems caused by their misconduct. That is called "Injunctive Relief." Immunity does not interfere with declaratory or injunctive relief.

The state actors have no choice. Everything must conform to Federal Law. If they have already made an illegal order by violation of due process, it is VOID ab initio, instantly and forever. They have a "Non-Discretionary Duty" to Vacate the VOID Orders."Non-Discretionary Duty" means they have no discretion to ignore their responsibility to cancel the VOID orders.
"Vacate" means cancel the illegal orders because they are VOID.

Whenever serious damage has already been done by the violation of Rights causing financial hardships and parental alienation, we can ask for judgments of money because the state actors are personally liable.(Immunity does not apply)Immunity does not apply
to the violation of Rights
covered by Federal Preemption
That is called "Punitive Damages."

Other legal doctrines like "res judicata" and "latches" do not apply to the violation of Rights covered by Federal preemption. They cannot protect orders made in violation of federal preemption and they cannot protect state actors violating Rights to make illegal orders.

To learn how preemption works, see "Federal Preemption: A Legal Primer" published July 23, 2019 by the Congressional Research Service.


The Enforcement Law

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Section 1983 opens the door to Federal Enforcement of Due Process. It was written in 1871 to deal with racism by judges and other officials, but it applies whenever state actors violate Federal Rights. This is the "Remedy" to deal with violation of Rights protected the Fourteenth Amendment of our Constitution.

  • Where they have "Immunity," we can only sue to make them follow due process.

  • Where they do NOT have Immunity, we can sue them for money.

The difference is
"lack of jurisdiction at the moment"
vs.
"the complete absence of all jurisdiction, ... ever."

The Question of "Immunity" is answered by "Federal Preemption of State Jurisdiction" which removes Immunity by preventing "concurrent jurisdiction" before it could happen. "Subject Matter Jurisdiction" is controlled by Constitutional and Statutory law, not by the imagination of the judge.



The Question of Immunity is Answered by Federal Preemption

It is very hard to sue a judge for money because they have “Immunity” for //almost// everything they do.

On the other hand, it is not hard to sue for due process because Immunity has nothing to do with federal Enforcement by Declaratory or Injunctive Relief.

Illustration: Jurisdiction Boxes

Immunity ONLY applies a demand for “judgments for money” and then ONLY applies when the state actor is doing something within the usual "box" of their jurisdiction. That box is defined by state law, which usually says “all cases of law or equity, except when the law says it belongs exclusively to some other court.” Federal Preemption means it belongs exclusively to the Federal Court before any state law can touch it.

"Concurrent Jurisdiction" is just a fairy tale construct by judicial fraud to hide "federal legislation from the state court bench." It is a "smoke and mirror" show to create the illusion of jurisdiction in order to hide Federal Preemption.

When they commit the act of fraud to hide Preemption, it is a de facto violation of the Rights covered the Preemption. Our Rights are completely outside their box of jurisdiction, so they forfeit all immunity when they violate these Rights.
More on Federal Preemption and Positive Law ...

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About Federal Preemption

Federal Preemption means that certain things in federal law are totally exempt (-empt) from state jurisdiction before (Pre-) any state law could possibly have and effect. They belong exclusively to federal authorities and federal courts, therefore cannot ever belong to state courts.

State law cannot create jurisdiction where federal preemption has canceled it.

Positive Law means the words of the law are not subject to interpretation because they stand alone as “legal evidence of the law” (1 U.S.C. § 204) which Proves the Intent of Congress. This is a form of Federal Preemption because no matter what anybody says, Positive law is the ruling of Congress over top of anything the courts might say. It takes precedence over case law, especially old case law. This also helps prevent federal courts from trying to use garbage case law to violate the intent of Congress expressed in the words of the law.

The purpose of Federal Preemption and Positive Law is to remove "Immunity," by removing the possibility of "concurrent jurisdiction" and “creative judicial interpretation” which is "adding or removing any words or ideas," also known as “legislation from the bench.”

The result is "the complete absence of all possibility of state jurisdiction."
That means we can sue them for money because they have no immunity where they have violated our Rights with absolutely no possibility of jurisdiction.

Judicial Immunity is supposed to protect the stability of our legal system. Federal Preemption and Positive Law are there to protect the integrity by removing Immunity in some places.

State actors have no possibility of jurisdiction to interpret any federal statute covered by federal preemption or positive law.

For a list of Positive Law Titles and citation of law that established them, see United States Code: List of Positive Law Titles With Enacting Cites and Location to Revision Notes (last rev. 2017) published by The Law Librarians' Society of Washington, D.C. (LLSDC) online at https://www.llsdc.org/

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About Jurisdiction

A really simple definition of Jurisdiction is the authority to explain what the law means when it is hard to understand. This is called "Interpretation." Jurisdiction also means the authority to solve problems by making decisions based on what the law says and what it means.

Divorce, alimony and child support are usually handled by state courts of "general jurisdiction." These courts can handle lots of different things on different days, but when they are working on family matters, they are not able to make interpretations or decisions on things outside of the simple steps of the family matters. Disability, for example, may affect the income and lifestyle of the family, but is not under the "subject matter jurisdiction" of divorce or child support, therefore not for the family court to decide. The same court might have jurisdiction on the subject of State disability claims on a different day, but "lacks jurisdiction at the moment" while in a family law case.

On the other hand, some things will never come under state jurisdiction because of "Federal Preemption of State Jurisdiction." A common example of that is where federal law specifically says that Bankruptcy belongs to a specific federal courts at the District level, therefore state courts have no power to "interpret" the federal law or make bankruptcy case decisions. Even when family support matters might affect bankruptcy, they have to get permission from the bankruptcy court to work on support issues. Likewise, the "subject matter jurisdiction" on "disability" established by DOD, VA or SSA decisions, permanently belongs to federal authorities and courts exclusively forever. States cannot touch the legally established FACT of "disability" or the medical conditions involved in DOD, VA and SSA decisions because (subject matter) Jurisdiction is Preempted.

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No matter what any state law says, or what any state court has ever said, Federal Preemption means that certain things NEVER enter state jurisdiction, at any time, for any reason.


Reality Check

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Federal Law controls every part of Active and Retired Military Pay, and Allowances, and Disability benefits, as well as Social Security (SSA) benefits, and Veteran Benefits with clear and unmistakable Federal Preemption of State Jurisdiction “expressed and implied” in the statutory law. Military pay and veteran benefits are controlled by Positive Law, which cannot be altered by any court.

State Law does not begin to have an effect on military Pay until after federal law says how it may be treated in divorce, alimony or child support. VA and SSA benefits are totally exempt from state jurisdiction, therefore cannot be used for support orders because they cannot be assigned by anyone for any reason.

Every Military and Veteran Family will have to deal with the same fraud and discrimination going into divorce, alimony or child support. APPEALS DO NOT WORK because asking a corrupt state court to decide the issue of federal preemption, makes it look like they have jurisdiction. It gives them permission to violate our Rights again and again.

It is a complete waste of time to appeal an illegal order from one corrupt state court to another, because none of them will admit 30 years of predatory corruption and fraud.



We can bring it back anytime , even years later, because there is NO Statute of Limitations on the Enforcement of Rights protected by Federal Preemption. Laches and Res Judicata do not apply. Immunity does not apply. Concurrent Jurisdiction does not exist.

Court Orders made in the complete absence of all jurisdiction are VOID ab initio, therefore we can bring them back again and again forever. Rights protected by Federal Preemption do not expire, even when a protected individual dies.


How to do it

1.     First, you need to know your Federal Rights, law-by-law. (See Rights) Then you have to claim each Right and explain how the state actor is violating those Rights, even if they are just ignoring them.

2.     Next, you have to be clear that Federal Preemption of State Jurisdiction rules-out "Concurrent Jurisdiction" and “creative interpretation” by “legislation from the bench.”

3.     The Federal Complaint must focus on the Rights violated, not the orders made by state actors.

Whenever they begin to say that"state law controls military pay, CRSC, VA or SSA benefits for support orders," they are legislating from the bench in the complete absence of all jurisdiction on these federal RIGHTS.
The violation happens before the illegal orders are made.

  • Every act of fraud or discrimination they use to cover-up the federal preemption, is a de facto violation of the Rights protected by federal preemption and positive law.

  • When they begin to say that the ADA and HIPAA do not apply to veterans, it is a cover of the discrimination they use to hide federal preemption on disability benefits.

  • When they begin to say that Rose v. Rose or 42 U.S.C. § 659 give them jurisdiction to use the benefits as income, they violate the Rights covered by federal preemption.

We cannot ask the federal district court to change a bad order from a state official or court because Rooker-Feldman (RF) Doctrine calls that an "Appeal" which belongs to the US Supreme Court (SCOTUS), but Rooker-Feldman does NOT kick-in just because Declaratory Judgment in the § 1983 lawsuit reveals Federal Preemption.

We cannot ask the federal court to award punitive damages until we prove the Federal Preemption.





Photo - standing alone

Another option is to prove the federal preemption by presenting a federal question, such as;

“Whether the state actors did knowingly and willfully use fraud upon the court to hide the clear and unmistakable federal preemption expressed and implied by positive law federal statutes and thereby hide the de facto violation of federal Rights in the complete absence of all jurisdiction.”

The answer is:
“YES. Federal Preemption removes the possibility of State Jurisdiction and the Supremacy Clause removes every conflict between state and federal law, therefore removes every state court ruling made in the complete absence of all jurisdiction.”

Res Judicata and Laches do not apply because there is no "Statute of Limitations" on the violation of Rights protected by Federal Preemption and Positive Law. All of the other lies, fraud and semantic attorney fecal matter is washed away by the Federal Preemption.


Wait! ... What about Child Support?

Photo - little child between parents

Veterans are not excused from child support, even by disability! Nothing can change the fact that we have a duty to provide care and support for our children to the best of our ability, and disability. Enforcing due process does not take anything away from the children or violate the Rights of the former spouse.
Children absolutely need the best of both parents, even when the are no longer together. It is an act of child abuse to fight over them for money, especially when the attorneys are stealing all the money.

Disability is not an excuse to get out of child support.
It is the big red flag which tells the state court that an individual with disability has certain Rights which the state cannot ignore. VA and SSA benefits are simply exempt from state jurisdiction, so they cannot be used to calculate support orders or offset property.

  1. We all have the same natural Rights which are protected by the guarantees in our Constitution.
  2. Service Members and Retirees have certain Rights established by contract and federal law.
  3. People with disability have some additional rights established by the ADA and related laws.
  4. VA and SSA beneficiaries have a couple more established by their decisions.
The reason federal law preempts state jurisdiction is to protect our whole nation from the cost of corruption.

What about Alimony?

Active and Retired Military Pay, as defined in positive law federal statute 37 U.S.C. § 101(21), may be treated as income for alimony and/or child support. Disposable Retired Pay, as defined in the USFSPA, may be treated as property of the marriage based on the proportion of time where the marriage and service overlap, OR as income for alimony and child support. There is a hard limit of 50%. After that, it is off limits forever.

Social Security, CRSC and VA benefits cannot be used as income for support orders because they are protected by Federal Preemption of State jurisdiction. Current spouses are considered dependents by Title 38 and the Social Security Insurance program, but former spouses are excluded. States cannot make former spouses into dependents under VA or SSA benefit systems because they have no authority.

Closing

This is not to disparage all the really great lawyers and attorneys and judges and prosecutors and every other dedicated hard working people in the field of law. Most of them are doing the best they can and we can forgive them mistakes of human nature. It is the ones who know better and still weasel their way through the ranks to become sleazeball prejudice judges.

Judges are attorneys first, so they know better. Their JOB is dependent on good behavior. Misconduct is unbecoming. If they do not have the integrity to do their homework and support the Constitution, they are not qualified to use the toilet paper their credentials are printed on. Those are the ones who need adult supervision by Federal Courts.

I am happy to provide support for everyone who does the homework, and I am just as happy to expose the ones who abuse our military and veteran families for profit and fun. Please contact me if you feel you can help support this effort. My hope is to build a Veterans Legal Intervention Fund and provide good local attorneys to help these families deal with discrimination and fraud.

Thank you for your service and support.

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