Policy Trumps Law
By Henry Nicolle
Exclusive first publishing granted to The Seattle Sinner March, 2008
 

With our feet firmly planted in 2008, we can see the short distance to the horizon of our future. It doesn't look good.

The view resembles those nightmares where you become aware of your surroundings and discover that you are clinging to a precipice sheer, only death after a long fall behind you and the nearest handhold for safety is an unlikely distance beyond your grasp.

Your quandary is immediate and inescapable. You cannot cling forever, because you are physical and mortal. If you remain undecided and idle, you will tire, fall and die. If you mean to live, your only course is to leap to the next handhold, an attempt rife with hazard and its distance, at the edge of your rapidly exhausting human capability. If you leap and succeed, there remains still a desperate effort to escape the precipice and gain the security of flat ground. You cannot tarry.

And so we cling amid this Winter in our fair country. The doom of liberty presses us. The peril is clear amid our laws, policies, executive orders, administrative agreements, treaties and "understandings". Our governance is now anchored by the Rule of False Presumptions. Policy trumps Law, statute, regulation and our Declared Purpose. Our formula for self-governance by a free society of free men and women has been poisoned.

As in the dream, we can live on in our current condition, but not for long. Unchallenged, our opponents and enemies have become numerous and strong in their armor of presumption and policies. If we attempt to improve our condition, we will surely find that the predicament we have created is inescapable and if we attempt our own rescue, we will likely fail. Truly, we cannot tarry.

Liberty, our self-determination, has been lost. WE lost it. We may yet rescue our Rights and Liberty, but the attempt at this late date may prove fatal.

Our representatives and agents have long abandoned our purpose for their duty. (That is for our common powers to be utilized to preserve our inherent, individual rights and to protect our liberty to freely exercise our rights without interference.) Our institutions have substituted their policies in place of our Law. Policies are protected by statute from our complaints by presumption of Constitutional compliance and legal conduct in enforcement.

Do you remember that I complained about being accosted, arrested, handcuffed and jailed naked without any lawful or legal authority? My car was stolen too, unlawfully and illegally.

The Miranda Decision is an admonition to the arresting officer and subsequent agents that questions are not permitted once the arrested party has demanded counsel. Questions beyond this point are illegal badgering to intimidate the arrested person.

Young Cindy read the Miranda Rule before shoving me into the booking pen. There, I was stripped and thrown naked into the "Penalty Box", with the assurance that I would remain naked, cold and uncomfortable until I granted them permission to void the Miranda Opinion's protection of my right to remain silent.

At trial, Cindy Rudas testified that a burned out license plate light was the "Crime" which provided her statutory authority for my arrest. Judge Daily denied the law showing Cindy's testimony to be false. Judge Klopfer, presiding the Appeals Division panel affirmed Daily, stating that it did not matter whether my arrest was legal or not. These erroneous positions are protected by presumption. The policy is clear. "Obey without argument, submit your property upon demand, or Die." It is policy that the law regarding these aspects of policy and presumption will NEVER be directly addressed by our courts.

I was arrested, jailed, tried and punished unlawfully and illegally. Policy and False Presumption trumped Law.

Policy and presumption are mindless, dead things without life of their own. Men and women who love power are willing to kill in their blind and merciless adherence to policy. Their willing hands make fearsome puppets of those dead things.

Death of a free society of free men and women is the purpose of people who serve policy and presumption. Their knives are now at our throats as we begin our quadrennial political season. Their one hand is in our hair and the other drawing blood, bringing our existence to a close. Our nightmare has become real and our choices are to submit to mundane tyranny and die in silence or to resist evil and to grasp, at whatever cost, our Life and Liberty.

What to do? Is there another possibility that is not revealed in our nightmare, but may be at hand in our waking existence?  I will leave that thought to better and more creative minds than I own. I am stuck in a waking nightmare.

We are not alone. Miracles do happen. Next stop on the road to oblivion: "Designing Miracles".