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America’s Corrupt Institutions – Dr. Paul Craig Roberts
TND Guest Contributor: Dr. Paul Craig Roberts | 
Every public institution in the United States and most private ones are corrupt.
To tell this story would be a multi-book task. Lawrence Stratton and I have written one small volume of the story. Our book, The Tyranny of Good Intentions, now with two editions and multiple printings, documents the corruption of law in the United States and has been cited in rulings by Federal District and Appeal Court judges.
Law is just one public institution, but it is a corner stone of society. When law goes, everything goes.
Only about 4 percent of federal felony cases go to trial. Almost all, 96 percent, are settled by negotiated plea bargains. Law & Order Conservatives condemn plea bargains for the wrong reason. They think plea bargains let criminals off easy.
In fact, plea bargains are used by prosecutors to convict the innocent along with the guilty. Plea bargains eliminate juries and time-consuming trials, that is, plea bargains eliminate all work on the part of prosecutors and police and lead to high conviction rates for prosecutors, the main indicator of their career success. Once upon a time, prosecutors pursued justice. They carefully examined police investigations and only indicted suspects whose conviction they thought could be obtained by a jury. Sloppy police work was discarded.
No more. Once indicted and provided with a lawyer, the defendant learns that his lawyer has no intention of defending him before a jury. The lawyer knows that the chances of getting even a totally innocent defendant found not guilty is slim to non-existent. Prosecutors, with the consent of judges, suborn perjury for which they are permitted to pay with money and dropped charges against real criminals, and prosecutors routinely withhold evidence favorable to the defendant. If a prosecutor detects that a defendant intends to fight, the prosecutor piles on charges until the defendant’s lawyer convinces the defendant that no jury will dismiss all of so many charges and that the one or two that the jury convicts on will bring a much longer sentence than the lawyer can negotiate. The lawyer tells the defendant that if you go to trail, you will be using up the time of prosecutors and judges, and the inconvenience that you cause them will send you away for many a year.
In some state and local courts it is still possible on occasion to get an almost fair trial if you can afford an attorney well enough connected to provide it. But even in non-federal courts the system is stacked against the defendant. Many prisons have been privatized, and privatized prisons require high incarceration rates in order to be profitable. The same holds for juvenile detention prisons. Not long ago two Pennsylvania judges were convicted for accepting payments from private detention prisons for each kid they sentenced.
Judges prefer plea bargains despite the fact that plea bargains amount to self-incrimination, because plea bargains dispense with time-consuming trials that cause backed-up and crowded court dockets. Trials also demand far more work on the part of a judge than accepting a plea bargain.
The fact of the matter is that in America today you are expected to convict yourself. Even your lawyer expects it. The torture is not physical; it is psychological. The system is severely biased against the defendant. Conviction by a jury brings a much heavier sentence than conviction by a deal that the defendant’s attorney negotiates with the prosecutor’s office. All the prosecutor wants is a conviction. Give him his conviction for his record as an effective prosecutor, and you get off lighter.
The injustice lies in the fact that the rule applies to the innocent as well as to the guilty.
The prosecutor and often the judge do not care whether you are innocent or guilty, and your lawyer knows that it does not matter to the outcome.
The police have learned that such a small number of cases go to trial that their evidence is seldom tested in court. Consequently, often police simply look for someone who might have committed the crime based on past criminal records, select someone with a record, and offer him or her up as the perpetrator of the crime. This police practice is one explanation for high recidivism rates.
In the totally corrupt American criminal justice (sic) system, anyone indicted, no matter how innocent, is almost certain to be convicted.
Let’s take the case of Alabama Democratic Governor Don Siegelman. Judging by the reported evidence in the media and testimony by those familiar with the case, Don Siegelman, a popular Democratic governor of Alabama was a victim of a Karl Rove operation to instruct Democrats that their political party would not be permitted a comeback in executive authority in the Republican South.
There is no doubt but that the Alabama Republican newspapers and TV stations are political tools. And there is little doubt that former Republican US Attorneys Alice Martin and Leura Canary and Republican US federal district court judge Mark Fuller were willing participants in Karl Rove’s political campaign to purge the South of popular democrats.
Republican US district court judge Mark Fuller was arrested in Atlanta this month for beating his wife in an Atlanta hotel. The judge, in whose honor courts must rise, was charged with battery and taken to the Fulton County jail at 2:30AM Sunday morning August 10. If you look at the mug shot of Mark Fuller, he doesn’t inspire confidence. http://www.bradblog.com/?p=10748 Fuller was a bitter enemy of Siegelman and should have recused himself from Siegelman’s trial, but ethical behavior required more integrity than Fuller has.
Among many, Scott Horton, a professor of law at Columbia University has provided much information in Harper’s magazine involving the corruption of Fuller and the Republican prosecuting attorneys, Alice Martin and Leura Canary. See: http://harpers.org/blog/2008/02/another-abusive-prosecution-by-alice-martin/ and http://harpers.org/blog/2008/02/cbs-more-prosecutorial-misconduct-in-siegelman-case-alleged/ and http://harpers.org/blog/2007/08/judge-fuller-and-the-trial-of-don-siegelman/ andhttp://harpers.org/blog/2007/06/siegelman-sentenced-riley-rushes-to-washington/ andhttp://harpers.org/blog/2007/10/karl-rove-linked-to-siegelman-prosecution/ andhttp://harpers.org/blog/2007/12/karl-rove-william-canary-and-the-siegelman-case/ andhttp://harpers.org/blog/2008/02/rove-and-siegelman/ and http://harpers.org/blog/2007/08/the-pork-barrel-world-of-judge-mark-fuller/ and see OpEdNews February 6, 2012, “Why did Karl Rove and his GOP Thugs target Don Siegelman in Alabama?” and http://www.huffingtonpost.com/bennett-l-gershman/why-is-don-siegelman_b_3094147.html
Google the case and you will see everything but justice.
The Republican frame-up of Siegelman is so obvious that various courts have overturned some of the bogus convictions. But the way “justice” works in America makes courts fearful of discrediting the criminal justice (sic) system by coming down hard on an obvious frame-up. To make the fact obvious that federal courts are used for political reasons is detrimental to the myth of justice in which gullible Americans believe.
Siegelman’s innocence is so obvious that 113 former state attorneys general have come out in his support. These attorneys general together with federal judges and members of Congress have written to Obama and to US attorney general Eric Holder urging Siegelman’s release from prison. Instead of releasing the innocent Siegelman, Obama and Holder have protected the Republican frameup of a Democratic governor.
Remember, what did President George W. Bush do when his vice president’s chief aid was convicted for the felony of revealing the name of a secret CIA operative? Bush wiped out the sentence of Cheney’s convicted operative. He remained convicted, but served no sentence.
Remember, President George H. W. Bush’s administration pardoned the neoconservative criminals in the Reagan administration who were convicted by the Reagan administration for crimes related to Iran-Contra.
So why hasn’t the Obama regime pardoned former Alabama Governor Don Siegelman who unlike other pardoned parties is actually innocent? Siegleman was bringing the Democratic Party back in the corrupt Republican state of Alabama. He was a successful governor who would have been US senator, and Karl Rove apparently exterminated him politically in order to protect the Republican hold on the South.
It is extremely ironic that the formerly solid Democratic South, plundered, looted, and raped by Republican armies, votes Republican. If anything shows the insouciance of a people, the South’s Republican vote is the best demonstration. The South votes for a party that destroyed the South and its culture. There is no greater evidence of a people totally ignorant of, or indifferent to, their history than the Southern people who vote Republican.
Obama can’t pardon Siegelman, which Justice requires, because Obama cannot confront the self-protective mechanism in the Justice (sic) Department. Obama is too weak of a person to stand up for Justice. Obama has acquiesced to the Republican and DOJ frame-up of a popular Democratic Governor.
Justice in America? It is not worth 5 cents on the New York stock exchange.
If you want to stand up for justice, click here: http://www.gofundme.com/Railroading-Don-Siegelman
Police are as remote from concerns of justice as are prosecutors. Generally speaking, while there might be a few exceptions, the ranks of the police seem to be filled with violent psychopaths. The police seldom show any self-control and their violent nature makes police a great threat to society. Invariably, police bring violence to the scene: https://www.youtube.com/watch?v=IlY9C6pzxKc
Killing unarmed black men seems to be a police specialty. http://truth-out.org/news/item/25815-lapd-refusal-to-release-information-on-in-custody-deaths-feeds-community-mistrust
Assaults and killings by police seldom make it beyond the local news. The lack of national coverage of crimes committed by police against the public leaves Americans with the incorrect impression that the use of excessive force by police is an occasional and unfortunate result but not a real problem. Police apologists say that an occasional mistake is the price of being safe. But police violence is an expression of police culture, not an unfortunate mistake, and what we hear is only the tip of the iceberg.http://rare.us/story/5-reasons-the-police-brutality-in-ferguson-is-just-the-tip-of-the-iceberg/
The large number of violent acts that police commit against members of the public are not entirely the fault of the police. It is well known that bullies and psychopaths are attracted to the power over others conveyed by a police badge. Considering this known fact, police should receive training in anger management. Instead, they are trained to regard the public as an enemy against whom the police should take no chances. Police are trained to subdue a suspect with violence and question the suspect later when the suspect is under control in jail. This procedure means that even those who are totally innocent bear all the risks of being confronted by police.
Governments, media, and citizens are also responsible. They have allowed police to be militarized and to be inappropriately trained. Indeed, city, county, state, and federal governments have removed all barriers to the use of excessive force by police. Handed such power, the police use it.
In response to my column about Ferguson, former police officers wrote to me to report that they left the police force because they could not accept the culture of violence that is now ingrained in police departments. What these former police officers could not accept causes no problem for the Fox “News” talking heads. http://rare.us/story/jon-stewart-returns-with-powerful-ferguson-monologue-aimed-at-fox-news/
Can police departments be cleansed of their violent culture? Can prosecutors serve justice instead of career? Can Fox “News” talking heads cease being racists? Don’t hold your breath.
# # # #
About Dr. Paul Craig Roberts:
Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. His latest book, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West is now available. His latest e-book, How the Economy was Lost, is available at Counter Punch. Click here and scroll down to order. Dr. Roberts discusses this book in an article published at CounterPunch.org; click here to read the article. To support The Institute For Political Economy, a non-profit organization that supports research, writing and books and Dr. Roberts’ continued effort to educate and inform, click here to donate. 
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The following is not the legal advice, of, by or from an attorney, in fact an attorney would NEVER EVER ask the following questions because if he/she did, the would be disbarred!!
REMEMBER ALMOST EVERY JUDGE WILL LIE TO YOU!! They will try to trick you, distract you, obfuscate, anything but tell the truth that they DO NOT HAVE JURISDICTION!! ALWAYS STAY ON POINT!! WHERE IS THE PROOF OF JURISDICTION!!! SHOW IT TO ME!!!!
there are only a few questions that “you” need to ask the prosecutor/judge!
After you read the following, after each point of the utter lack of proof of jurisdiction, move to DISMISS THE CHARGES in the INTEREST OF JUSTICE!! “with prejudice” if the judge will dismiss!! sometimes the judge will only dismiss without prejudice but it doesn’t hurt to ask!!
To the judge,
Do you presume jurisdiction over everyone that appears before you??
WHEN A JUDGE BELIEVES THAT HE/SHE HAS JURISDICTION OVER EVERYONE THAT APPEARS BEFORE HIM/HER, and they will insist they have jurisdiction,.. all without the slightest shred of evidence PROVING IT!
That is “under their own rules” a due process violation and FRAUD!
SUPREME COURT > Vlandis v. Kline, 412 US 441 –The present case concerns the constitutional validity of this conclusive and unchangeable presumption.. irrefutable assumption was so arbitrary and unreasonable as to deprive due process of law, the Court stated that it had “held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates due process
Likewise, in Stanley v. Illinois, 405 U. S. 645 (1972), the Court struck down, as violative of Due Process, Illinois’ irrebuttable statutory presumption.
Here’s a few questions to proffer to the court;.. Ask the Judge .. On and for the record, will you be abandoning justice here today? he/she will have to answer NO!
On and for the record, am I presumed innocent of ALL ELEMENTS of the charge/charges.. he/she can only answer YES!
THEN YOU SAY,.. On and for the record, because jurisdiction is an element of the charge, am I not ALSO PRESUMED INNOCENT OF JURISDICTION!!! The judge will absolutely HATE THIS QUESTION! but the answer is, yes!
THEN ASK
ON AND FOR THE RECORD, what facts HAS THE PROSECUTION entered into the record that PROVES that the constitution and laws are applicable to me, just because I am PHYSICALLY in “name a state” and what witnesses does the prosecution rely on that have first hand knowledge PROVING that just because I am PHYSICALLY in Florida the constitution/laws/statutes apply to me. THEY HAVE NO EVIDENCE THAT THE CONSTITUTION AND LAWS APPLY TO ANYONE!
IT ‘the proof” does not exist!! they rely on trickery, fraud and hope that you’re ignorant of the facts!
Stick to demanding the PROOF that the Constitution and laws apply to you for physically being in the state! They “judge/prosecutor” will try to distract you, he/they will even threaten you, but stay on point!
On and for the record, is the court WITHHOLDING evidence? Judge will say no!
On and for the record, if you are not withholding evidence, then where is the evidence that the prosecution has entered that proves that the constitution and laws apply to me because I am physically in the state!
ALL STATES ARE NOTHING MORE THAN PRIVATE FOR PROFIT CORPORATE FICTIONS!
what FACTUALLY is the STATE OF FLORIDA!!
FYI, the STATE OF FLORIDA is NOT the GROUND and the GROUND is not the STATE OF FLORIDA! http://www.manta.com/c/mmcvzmp/state-of-florida
FACTUALLY the state of Florida is a CORPORATION! just words on paper!!!
HAMMER THESE HOME!!
What facts has the prosecution provided to the court that factually establishes AND PROVES that the constitution/laws/statutes apply to you for physically being in a state!
What witnesses does the prosecution rely on who have personal first hand knowledge proving that the constitution/laws/statutes apply to you for PHYSICALLY being in the a state.
DEMAND THEY PROVE JURISDICTION ON THE RECORD! “fyi, they can’t prove it”
U.S. Supreme Court The Clara, 102 U.S. 200 (1880) The Clara 102 U.S. 200
the maxim applies, quod non apparet non est. The fact not appearing is presumed not to exist.”
“If you´ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.”
U.S. v. Bishop, 412 U.S. 346
“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.”
Hagans v. Lavine, 415 U. S. 533
Where there is no jurisdiction over the subject matter, there is, as well, no discretion to ignore that lack of jurisdiction. [John J. Joyce v. United States of America, 474 F.2d 215, 219] Joyce v. U.S., 474 F.2d 215, 219 (C.A.3 (Pa.), 1973)
“Court must prove on the record, all jurisdictional facts related to the jurisdiction asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.
“The law provides that once State or Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980).
There is no discretion to ignore that lack of jurisdiction.” Joyce v. US, 474 F2d 215
“A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.
“Sovereign immunity does not apply where (as here) government is a lawbreaker
or jurisdiction is the issue.”
Arthur v. Fry, 300 F.Supp. 622
An arrest is NOT PROOF of JURISDICTION! is it only an ALLEGATION!!!
A traffic ticket is only an ALLEGATION and is NOT evidence or proof of jurisdiction! They’ll claim that the TICKET proves jurisdiction! ASK THE JUDGE, WHERE AND WHAT ON THE TICKET PROVES JURISDICTION, ask him/her to point to PRECISELY what on the ticket proves jurisdiction!! he/she can’t.. but they’ll try to distract you by SHOWING YOU THE CODE/STATUTE! ie, the code is proof of itself.. what a giant load of lies!
Their favorite answer is, the law applies because the law says so.. but that is just circular reasoning and not proof of anything! and does NOT prove that the constitution and laws/statutes apply to you simply because you are physically in a state!
An indictment is only an allegation and is NOT evidence or proof of jurisdiction!
Keep in mind The STATES are ALL CORPORATIONS
They’ll “claim” that because you are allegedly a RESIDENT of the STATE OF __, that the laws apply.. but HOW PRECISELY does a flesh and blood living being, exist within the pages of a PRIVATE FOR PROFIT CORPORATE FICTION THAT ONLY EXISTS AS WORDS ON PAPER??
They also love to claim having a drivers license or state issued ID, establishes jurisdiction! but we only possess those types of documents to avoid “what many have already been put through” being brutalized or worse by their murderous, mindless badge monkeys.. We only have those forms of ID under THREAT, DURESS and COERCION! and BECAUSE OF THE THREAT, DURESS AND COERCION they are inadmissible as evidence establishing jurisdiction! Who would willingly and knowingly subject themselves to FRAUD via a CORPORATE FICTION!?!?
FYI; you can challenge jurisdiction at any point, pretrial, during trial, after a conviction, during incarceration, even after sentence has been served!!
Without VIOLENCE, they have NOTHING!! They have jurisdiction because they are willing to MURDER YOU, that’s what it boils down to.. nothing more than murder for MONEY! they are pathological lying, psychopathic murderous criminals
Some courts/judges will use another trick.. they’ll challenge you to prove that the CONstitution and laws “DON’T” apply to you!
The onus of offering proof falls to the one making the charge, NOT YOU! It is the PROSECUTION that must prove jurisdiction and they CAN’T produce something that doesn’t exist!!