Monday, October 7, 2013


Judicial immunity does not exist for judges who engage in criminal activity or aid and abet in criminal activity. The United States Supreme Court has stated that “if a court is without authority; its judgments and orders are regarded as nullities.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.

The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis added] See Scheuer vs. Rhodes, 416 U.S. 232, 94 S.Ct. 1683 (1974).

In this capacity, the United States Supreme Court has indicated that “no state legislative or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” Cooper v. Aaron, 358 U.S. 1, 78 S.Ct 1401 (1958). Any judge who does not comply with his oath office to uphold the Constitution of the United States wars against that Constitution and engages in acts which are in violation of the Supreme Law of the Land.

Furthermore, any actions which are not in full compliance with the United States Constitution produces orders which are void ab initio, as they are entered without jurisdiction and/or are otherwise illegal. In re Sawyer, 124 U.S. 200 (1888); U.S. vs. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980)

Elliott v. Lessee of Piersol - 26 U.S. 328 (1828)
Elliott v. Lessee of Piersol - 26 U.S. 328 (1828)Syllabus Case U.S. Supreme CourtElliott v. Lessee of Piersol, 26 U.S. 1 Pet. 328 328 (1828)Pet. 328Elliott v. Lessee of Piersol26 U.S. (1 Pet.) 328ERROR TO THE CIRCUIT COURT OF KENTUCKY SyllabusA letter from a deceased member of a family stating the p...

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