Brett Bellmore
New member
For all of you who've wondered why Bill Lockyer apparently feels free to violate his oath of office, which requires him to uphold the Constitution: IT SEEMS HE NEVER BOTHERED TO TAKE THAT OATH! And under Kalifornia law, that means he's not really Attorney General, and all his actions taken under the color of law are null and void.
Mind you, I know enough about how our legal system functions to understand just how unlikely it is that that law is actually going to be enforced, but it IS entertaining. Here's the story:
www.worldnetdaily.com/bluesky_exnews/20000106_xex_officials_co.sthml
Officials, counties
sued over oaths
California lawsuit claims
many hold office fraudulently
Key government officials, including California Attorney General Bill Lockyer, are currently being served a complaint filed in the United States District Court in Oakland, Calif., claiming the defendants have no right to act with the authority of law since they did not properly file their oaths of office. According to the California State Constitution and federal law, late filing renders the office vacant and requires immediate removal of the elected official.
Greg Willis filed the suit after years of research, during which he uncovered the fact that California Governor Gray Davis, Attorney General Bill Lockyer and 38 individuals in four California counties had filed their oaths too late. The legal consequences of late filing are drastic.
Once the office-holder is removed, all actions taken in an official capacity are considered null and void, any wages or other payments received by the official are to be paid back in full and the official may be subject to a prison term.
Willis' complaint is simple: "Why is it that public officials force us to comply with the law, but they see themselves as above the law?"
In an exclusive WorldNetDaily interview, Willis expressed frustration with a government that employs such a brazen legal double standard. The lawsuit is a means of fighting back in a system that he believes has exceeded its boundaries.
"What would happen if you didn't pay your car registration in time?" asks Willis. "You can't drive that car!"
"In my opinion, this is the most important lawsuit ever filed in the history of the great state of California, because we want to settle once and for all whether or not these public officials are required to comply with the same laws as the rest of us," he continued. "We have deadlines or we don't have a civilization. We have to have limits."
Willis' attorney, Jeff Greenwald, agrees, saying that this case is about the rule of law.
"It may sound technical, it may sound trivial, but it's not," he told WorldNetDaily. "[The defendants] are not going to sit down and take this lightly."
While Greenwald admits that he does not know what the defendants will do in response to the case, he does have his theories. Retroactive legislation may be attempted to excuse late or absent oaths of office. The legislation may take the form of an extended time period for compliance, or it may simply require all future elected officials to file their oaths with the secretary of state in the time prescribed by law -- 30 days from the issuance of a certificate of election.
Another escape route for delinquent officials could be the declaration by the federal court that statutes relating to the filing of an oath of office within 30 days are directional rather than jurisdictional -- meaning that the statutes are merely a recommendation instead of a mandate.
That tactic has been used frequently by the courts in order to get government entities out of sticky legal situations. However, such a declaration may be more difficult to come by in this case, as directional statutes have been declared so only if they do not contain consequences for lack of action. The failure to file an oath of office in a timely manner clearly contains ramifications, the first of which is removal from office.
"They're going to be terrified, because the implications of this are so complex and far-reaching," said Greenwald, who has requested a jury trial.
Defendants in the case may see the loss of their jobs and the reversal of their professional actions, but the real fear is loss of official immunity. Government officials are immune to lawsuits concerning actions in their official capacities. Should Willis' lawsuit succeed, however, the court would deem the 38 individuals named as defendants as never having held office, and, as such, they would not then be under the cover of immunity.
The lawsuit will be followed by federal quo warranto actions against every defendant now working for the state of California or Alameda or Contra Costa counties. A quo warranto is a legal demand to produce proof of credentials -- in this case, to provide a certified copy of a timely-filed oath of office.
Quo warranto actions are "unique in American jurisprudence, as the plaintiff doesn't have to prove anything," said Greg Nichols, a teacher who has traveled up and down the state of California informing civil rights groups about the oath of office.
"All [the defendant] would have to do is go down to the secretary of state's office, get a certified copy of the oath and show it off in the court and be done with it," he said.
However, a quo warranto action can only be filed with the approval of the attorney general, a condition that is unique to California, and one that has prevented previous attempts by Nichols and Willis to bring such actions against officials in the past. This time the writs will come from the federal level, which allows Willis to circumvent California's roadblock to the process.
WorldNetDaily contacted Assistant Attorney General Rodney Lilyquist, head of Lockyer's opinion department who had told Willis he could not file a quo warranto action in California, to comment on the case. Lilyquist told WND that he could not comment without seeing the complaint, but when WND informed Lilyquist that he is named as a defendant in the case, the assistant attorney general had more to say.
"He is wrong on that one," said Lilyquist, incredulously, referring to Willis' inclusion of him in the suit. "He doesn't know where the oaths are supposed to be filed."
Lilyquist has yet to file even a delinquent oath of office.
Nichols, who has assisted Willis in his research leading up to the suit, said, "Of all the people I've taught to do this, very few have had the guts to do it."
Willis is one of those few.
"I'm doing this primarily for my kids, but also for everybody in the state of California," said Willis.
He simply wants to know, "Are we a nation of laws, or are we a nation of petty little dictators?"
By Julie Foster
© 2000 WorldNetDaily.com
------------------
Sic semper tyranus!
Mind you, I know enough about how our legal system functions to understand just how unlikely it is that that law is actually going to be enforced, but it IS entertaining. Here's the story:
www.worldnetdaily.com/bluesky_exnews/20000106_xex_officials_co.sthml
Officials, counties
sued over oaths
California lawsuit claims
many hold office fraudulently
Key government officials, including California Attorney General Bill Lockyer, are currently being served a complaint filed in the United States District Court in Oakland, Calif., claiming the defendants have no right to act with the authority of law since they did not properly file their oaths of office. According to the California State Constitution and federal law, late filing renders the office vacant and requires immediate removal of the elected official.
Greg Willis filed the suit after years of research, during which he uncovered the fact that California Governor Gray Davis, Attorney General Bill Lockyer and 38 individuals in four California counties had filed their oaths too late. The legal consequences of late filing are drastic.
Once the office-holder is removed, all actions taken in an official capacity are considered null and void, any wages or other payments received by the official are to be paid back in full and the official may be subject to a prison term.
Willis' complaint is simple: "Why is it that public officials force us to comply with the law, but they see themselves as above the law?"
In an exclusive WorldNetDaily interview, Willis expressed frustration with a government that employs such a brazen legal double standard. The lawsuit is a means of fighting back in a system that he believes has exceeded its boundaries.
"What would happen if you didn't pay your car registration in time?" asks Willis. "You can't drive that car!"
"In my opinion, this is the most important lawsuit ever filed in the history of the great state of California, because we want to settle once and for all whether or not these public officials are required to comply with the same laws as the rest of us," he continued. "We have deadlines or we don't have a civilization. We have to have limits."
Willis' attorney, Jeff Greenwald, agrees, saying that this case is about the rule of law.
"It may sound technical, it may sound trivial, but it's not," he told WorldNetDaily. "[The defendants] are not going to sit down and take this lightly."
While Greenwald admits that he does not know what the defendants will do in response to the case, he does have his theories. Retroactive legislation may be attempted to excuse late or absent oaths of office. The legislation may take the form of an extended time period for compliance, or it may simply require all future elected officials to file their oaths with the secretary of state in the time prescribed by law -- 30 days from the issuance of a certificate of election.
Another escape route for delinquent officials could be the declaration by the federal court that statutes relating to the filing of an oath of office within 30 days are directional rather than jurisdictional -- meaning that the statutes are merely a recommendation instead of a mandate.
That tactic has been used frequently by the courts in order to get government entities out of sticky legal situations. However, such a declaration may be more difficult to come by in this case, as directional statutes have been declared so only if they do not contain consequences for lack of action. The failure to file an oath of office in a timely manner clearly contains ramifications, the first of which is removal from office.
"They're going to be terrified, because the implications of this are so complex and far-reaching," said Greenwald, who has requested a jury trial.
Defendants in the case may see the loss of their jobs and the reversal of their professional actions, but the real fear is loss of official immunity. Government officials are immune to lawsuits concerning actions in their official capacities. Should Willis' lawsuit succeed, however, the court would deem the 38 individuals named as defendants as never having held office, and, as such, they would not then be under the cover of immunity.
The lawsuit will be followed by federal quo warranto actions against every defendant now working for the state of California or Alameda or Contra Costa counties. A quo warranto is a legal demand to produce proof of credentials -- in this case, to provide a certified copy of a timely-filed oath of office.
Quo warranto actions are "unique in American jurisprudence, as the plaintiff doesn't have to prove anything," said Greg Nichols, a teacher who has traveled up and down the state of California informing civil rights groups about the oath of office.
"All [the defendant] would have to do is go down to the secretary of state's office, get a certified copy of the oath and show it off in the court and be done with it," he said.
However, a quo warranto action can only be filed with the approval of the attorney general, a condition that is unique to California, and one that has prevented previous attempts by Nichols and Willis to bring such actions against officials in the past. This time the writs will come from the federal level, which allows Willis to circumvent California's roadblock to the process.
WorldNetDaily contacted Assistant Attorney General Rodney Lilyquist, head of Lockyer's opinion department who had told Willis he could not file a quo warranto action in California, to comment on the case. Lilyquist told WND that he could not comment without seeing the complaint, but when WND informed Lilyquist that he is named as a defendant in the case, the assistant attorney general had more to say.
"He is wrong on that one," said Lilyquist, incredulously, referring to Willis' inclusion of him in the suit. "He doesn't know where the oaths are supposed to be filed."
Lilyquist has yet to file even a delinquent oath of office.
Nichols, who has assisted Willis in his research leading up to the suit, said, "Of all the people I've taught to do this, very few have had the guts to do it."
Willis is one of those few.
"I'm doing this primarily for my kids, but also for everybody in the state of California," said Willis.
He simply wants to know, "Are we a nation of laws, or are we a nation of petty little dictators?"
By Julie Foster
© 2000 WorldNetDaily.com
------------------
Sic semper tyranus!
).