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Demanding Truth, Justice and Accountability in Government
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What Does Rebellion Against the Constitution of the United States Look Like?
FrostedFlake
Respondent Ceballos, a supervising deputy district attorney, was asked by defense counsel to review a case in which, counsel claimed, the affidavit police used to obtain a critical search warrant was inaccurate. Concluding after the review that the affidavit made serious misrepresentations, Ceballos relayed his findings to his supervisors, petitioners here, and followed up with a disposition memorandum recommending dismissal. Petitioners nevertheless proceeded with the prosecution. At a hearing on a defense motion to challenge the warrant, Ceballos recounted his observations about the affidavit, but the trial court rejected the challenge. Claiming that petitioners then retaliated against him for his memo in violation of the First and Fourteenth Amendments, Ceballos filed a 42 U. S. C. §1983 suit. The District Court granted petitioners summary judgment, ruling, inter alia, that the memo was not protected speech because Ceballos wrote it pursuant to his employment duties. Reversing, the Ninth Circuit held that the memo’s allegations were protected under the First Amendment analysis in Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty., 391 U. S. 563 , and Connick v. Myers, 461 U. S. 138 . If I did not, very strongly, strongly in terms of precieving the urge to slap upside the head, disagree with the decision, reached yesterday by the majority of the Supreme Court, it is unlikely that I would have spent most of last night examining the reasoning. This I did. And, after sleeping on it, did again. I was hoping to find a reason to believe myself wrong. In this I failed. I was hoping to find a reason to believe I misunderstood the circumstance, instant, and/or the ramafications, extant. In these things also, I have failed. But that is merely a manner of speaking. The failure is not mine. The case before us is as clear as the case before the Supreme Court was. A Deputy District Attorney, duly sworn, truthfully testified as to his findings in investigating the accuracy of an affidavit used to obtain a Warrent in the progess of a criminal prosecution. And was for this, punished, unofficially. It is signifigant to note that the Government stated its' position in re: Ceballos as : Oh, no, of course we did not and we would not ever consider disciplining an officer of the Court for giving truthful, but inconvienient, testimony to the Court, regarding any matter before the Court, whether that discipline be formal or sneaky, see?, squeaky clean hands!, so of course we would NEVER, EVER do such a thing,,,,,,,,,,But we can. It is signifigant to note that the Majority of the Court failed to note that the Government arrived riding two horses, an act which, whether at the Circus or the Courthouse, demonstrates an extreme and very unusual capability combining the horseman, the acrobat and the fool. A capability which should draw admiration and applause, when presented as an entertainment, but which should draw a very differant response when presented as an argument. The Court elected not to chide the Government regarding its' obviously disingenuous defence, and has instead bid the Government to stable the plowhorse and ride the warhorse. The effect of this decision is to grant the Government Title to its' employees opinions when related to "official" matters and more. It grants Government the power to dictate its' employees official conclusions as well. Unanswered is the question, "How, now, does one pursue discovery?" Should we suppose this accidental? What does Rebellion against the Constitution of the United States look like? And why does the Constitution have Amendment 14, Section 3 ? Register. After registration, there's no need to login to post here. |
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