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Thinkwing Radio with Mike Honig (@ThinkwingRadio), a listener call-in show airing live every Monday night from 2-3 PM (CT) on KPFT-FM 90.1 (Houston). My engineers are Don and Letty.
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For the purposes of this show, I operate on two mottoes:
- You’re entitled to your own opinion, but not your own facts;
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“Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is a principle of international law which exempts a sovereign state from the jurisdiction of foreign national courts.” ~ Sovereign immunity, Wikipedia: https://en.wikipedia.org/wiki/Sovereign_immunity
ThinkWing Radio Bullet Points (RECORDED 11/5 FOR BROADCAST 11/19)
If States are test laboratories, how does this potentially impact other states that follow this example
- Chris Carr | Georgia’s Attorney General: carr2018.com/ –“I’m proud of the work we have accomplished since I took office. I humbly ask for your support as we continue working together to protect Georgia.” – Chris Carr
- This all began when Stephen Humphreys agreed to represent a professor critical of the president of University of GACase name: Benedek [Professor] vs Adams [Pres. Of U of GA]; then Anthony Tricoli [Pres. of Ga Perimeter College) vs Watts [wherein Tricoli claimed harm by Ron Carruth & Rob Watts ).
- RICO scheme: RICO as it applies to government.
- “Rule 60” Appeal (denied)
- Then sanctioned for court costs as a “frivolous” challenge to the court.
- The coverup is worse than the crime
- What is sovereign immunity?
- Attack on 1st Amendment right to challenge limits of sovereign immunity
- State of Georgia retaliates against challenging sovereign immunity?
- Implications for nation if suppression of challenges is successful in Georgia
- Georgia Attorney General Chris Carr (also a named defendant) is contesting the case
- Evidence suppression by court
- Sovereign immunity does not protect against prosecution for crimes
- AG obstructs? Hides and fabricates evidence?
- Alleged that perjury is protected by sovereign immunity if for prosecution
- Texas Sovereign immunity
- Georgia elections: Brian Kemp (R) vs. Stacey Abrams (D)
- Sovereign immunity protection for criminal acts by state government official/employees
- Related to judicial philosophy of new Supreme Court Justice Kavanaugh—who favors strongest protection of executive action over accountability to the public
- Sovereign immunity is being expanded in Georgia to protect state officials for acts of felony racketeering in office.
- The criminal racketeering acts (“Racketeer Influenced and Corrupt Organizations”, RICO Act) protected in specific cases include theft of taxpayer funds funneled through phony outside vendors and contractors, falsification of state agency financial reports to conceal theft,
- Sovereign immunity prevents state from having to answer to specifics of charges, bars discovery that could lead to more evidence, forecloses a trial at which evidence could be presented to a jury
- Sovereign immunity is being expanded in this fashion contrary to the clear provisions of the Georgia Constitution and the Georgia racketeering (RICO) statute.
- The only case that ever addressed the issue of immunity of state officials to a civil RICO action found that, according to the specific language of the Georgia RICO statute, state officials are not immune (Caldwell v State). This Georgia supreme Court decision has been completely disregarded by the Georgia Attorney General and judiciary, who have never mentioned it in their briefs or opinions.
- In spite of clear law and evidence supporting the civil RICO actions, Georgia Attorney General Chris Carr has sought to retaliate against attorneys bringing claims of government corruption, threatening them with being forced to pay the state’s legal fees.
- This government retaliation against any citizen seeking to bring claims of corruption against the government in court was just specifically prohibited by the US Supreme Court (Lozman v City of Riviera Beach, June 2018). Georgia is disregarding the US Supreme Court opinion.
- This government retaliation violates the First amendment Right to Petition. Georgia Attorney General Chris Carr has taken the position that the US Constitution Bill of Rights does not apply to Georgia in this attempt to retaliate against an attorney bringing claims of government corruption.
- Georgia’s sovereign immunity defense expansion is related to Trump positioning that he enjoys immunity from depositions, subpoenas, lawsuits, indictments, prosecutions—any attempt to hold trump accountable, even for conspiracy with Russians
- Attorney General who should be investigating and prosecuting the crimes is defending the state officials instead (admitting no investigation of allegations or documentation)
- Attorney General is supporting state agencies in withholding and concealing state records that include evidence of crimes, aided and abetted by the courts that bar depositions and quash subpoenas at AG request. This is obstruction and evidence tampering by the state officials who should be protecting the public.
- In addition to using sovereign immunity as a shield for criminal actions, evidence tampering, and obstruction of justice, Georgia courts have also expanded sovereign immunity, at the request of the AG, to bar efforts to secure Georgia’s vulnerable election system, to protect state agencies from being required to follow the laws they are charged with enforcing, to foreclose any challenge to a state law as unconstitutional, to shield counties from illegally appropriating municipal tax revenues, and even to bar a claim for payment on a lottery ticket.
- In the historical development of sovereign immunity in Georgia, it was originally expanded largely as a tool to defeat claims of sexual assault and harassment against state officials—with the leading cases including the sexual molestation of a female motorist by a state trooper during a traffic stop (Davis v. Standifer), the rape of a female college student (Santamorena v. Georgia Military College), and the sexual harassment of a female state employee by her office supervisor (Ridley v. Johns). Sovereign immunity barred discovery and presentation of the evidence to a jury in all of these cases.
- Sovereign immunity protection underlay national news stories about failed attempts to secure Georgia election system. Attempts to enjoin the state to secure the election system were dismissed based on
Sovereign immunity – Wikipedia: https://en.wikipedia.org/wiki/Sovereign_immunity
- Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is a principle of international law which exempts a sovereign state from the jurisdiction of foreign national courts.
Racketeer Influenced and Corrupt Organizations Act – Wikipedia: https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act
- The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
Summary · RICO predicate offenses · Application of RICO laws · Famous cases
Criminal Law Racketeer Influenced and Corrupt Organizations (RICO …: https://www.justia.com/criminal/docs/rico/
- The federal Racketeering Influenced and Corrupt Organizations (RICO) law was passed in 1970 as the “ultimate hit man” in mob prosecutions. Prior to RICO, …
Governor, State of Michigan, Tossed From Flint Water Class Action …: https://www.law.com/…/2018/…/governor-state-of-michigan-tossed-from-flint-water-c…
- By Amanda Bronstad | August 01, 2018 at 07:44 PM. X … Levy found the state of Michigan was entitled to sovereign immunity, but that several former employees.
SOURCES WHICH MAY BE RELEVANT TO OTHER DISCUSSION:
- Global Warming: When the scientists and media talk about a 1-2o degree change in global temperature, it’s rarely if ever noted that they’re talking Centigrade. Most Americans don’t intellectually or viscerally understand what that means.
- In the US, we need to talk about global temperature increases of 2-4o Fahrenheit
- Americans understand just how uncomfortable 2-4oF can be when they set a thermostat.
- Op-Ed: Texans should be wary of bullet train proposal, By Alain Leray – Guest Contributor, Mar 22, 2018, 12:27pm –
- This opinion piece was written by Alain Leray, president and CEO of SNCF America Inc., which is France’s national state-owned railway company
- Amtrak partners with Texas Bullet Train for ticketing, access to national routes, By Dallas Business Journal staff, May 4, 2018, 1:09pm