-THE LAW-
Within this section I do set forth the
Federal statutes (laws) which are relevant to my allegations of
Employment Discrimination, Employment Retaliation,
Defamation of Character, Conspiracy to obstruct justice,
and conspiracy to violate an individual´s most basic rights as
protected by International Treaties and by U.S Laws. In
other words, I do provide access to the reader to those statutes
which create jurisdiction for the claims I brought up before the
Federal District Courts as it relates to the deprivation of my
civil rights within the United States at the hands of government
officials and some previous employers alike. As I do mention within
the initial screen of this web page, the conspiracy at issue
is now going on its twenty fifth (25th) year.
Additionally, I do set forth the main
Constitutional Amendments within the Bill of rights
of the U.S Constitution which are relevant to my claims of civil
rights´ violations. In particular, I am referring to the I, V, VI, VIII, and XIV
Amendments. The good understanding of these Laws and Amendments
is critical so that the reader can infer that in the United
States of America rights such as: Due Process of Law,
Fair Trial, and Equal Protection of the Laws are
inalienable,
sacred rights, and that no legislature at the State or Federal
levels can enact laws infringing the rights mentioned within the "Bill of Rights".
Thus, any "strict liability" laws intending to supress any of those rights is
unconstitutional, illegal, and in some cases without a
doubt defamatory since accusing and convicting an adult of being
a child rapist is just plain illegal and inmoral when the legal facts are well known as to show
that the adult was victimized by juveniles, and not the other way
around. That was my case in the state of Texas during the year of
2001 in which the evidence clearly shows that an act in
furtherance of the conspiracy at issue against me took place.
At that time, two (2) "female" juveniles
apparently encouraged by adults approached me the night of
Saturday, April 27 of 2001, pretending to be hookers looking for
a good time. Not withstanding the fact that these two juveniles lied to
me about their identities and stole as well an automobile from me
during the summer of the year of 2001 I was accused and later convicted
in the state of Texas under a "strict liability law" of the so
called "agravated sexual assault of a child". This was done regardless of
the fact that U.S Government officials had me under surveillance
for years and knew each and every one of the events surrounding the
case of such evening. Meaning of course, that I was innocent of the Texas´
charges, and that the so called "children" had
approached me seeking sexual intercourse while pretending to be
consenting adults. (This fact was also acknowledged by the
alleged victim´s best friend after being apprehended for
stealing my automobile, and later on during the trial itself.).
There is a reason why the U.S Constitution
calls these Amendments basic "rights" and not "privileges".
The most elemental principle behind it is that absolutely no
one,
not even the president of the United States has
the legal authority to tamper with them in any manner and under
any circumstances. Therefore, once we learn that every person in
the United States has a constitutional given right to establish
an affirmative defense against "any charges or accusations" and
to prevail on the merits of the case; then, it becomes an
act of
barbarism, of State Supported Terrorism
to hear a judge and/or a district attorney instructing a jury in
that the "facts of the case do not matter, and must be
disregarded". What all of this means, of course, is that the act
of libeling or slandering an individual somehow becomes legal
something which is in total conflict with the provisions of the
Federal Constitution of the United States.
The Federal Statute
28 U.S.C §1981 states as follows:
EQUAL RIGHTS UNDER
THE LAW:
"(a) Statement of equal rights:
All persons within the jurisdiction of the United States
shall have the same right in every State and Territory
to make and enforce contracts, to sue, be parties, give
evidence, and
to the full and equal benefit of all laws and
proceedings for the security of persons and property as is
enjoyed by white citizens, and shall be subject to
like punishment, pains, penalties, taxes, licenses, and
exactions of every kind, and to no other". |
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The Federal Statute 42 U.S.C §2000e-2(a)(1)
states as follows:
UNLAWFUL EMPLOYMENT PRACTICES:
SEC. 2000e-2. [Section 703]
(a) It shall be an unlawful employment practice for an employer -
(1) " To fail or refuse to hire or to discharge any individual, or otherwise
to discriminate against any individual with respect to his compensation,
terms, conditions, or privileges of employment, because of such individual's
race, color, religion, sex, or national origin."
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The Federal Statute 42 U.S.C §2000e-3(a)(1)
states as follows:
EMPLOYMENT RETALIATION:
(a) "It shall be an unlawful employment practice for an employer to discriminate
against any of his employees or applicants for employment, because he has
opposed any practice made an unlawful employment practice by this subchapter,
or because he has made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this subchapter".
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The Federal Statute 42 U.S.C § 1983
states as follows:
§ 1983. Civil action for deprivation of
rights:
"Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any
State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen of
the United States or other person within the
jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or
other proper proceeding for redress..." |
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The Federal Statute 42 U.S.C §
1985(2)
states as follows:
§ 1985. Conspiracy to interfere with
civil rights:
(2)
Obstructing justice; intimidating party, witness, or
juror
"If two or more persons in
any State or Territory conspire to deter, by force,
intimidation, or threat, any party or witness in any court
of the United States from attending such court, or from
testifying to any matter pending therein, freely, fully,
and truthfully, or to injure such party or witness in his
person or property on account of his having so attended or
testified, or to influence the verdict... Or if two or more
persons conspire for the purpose of impeding, hindering,
obstructing, or defeating, in any manner, the due course of
justice in any State or Territory, with intent to deny to any citizen
the equal protection of the laws, or to injure him or his
property for lawfully enforcing, or attempting to enforce,
the right of any person, or class of persons, to the equal
protection of the laws if one or more persons engaged therein do, or cause to be done,
any act in furtherance of the object of such conspiracy, whereby another is injured
in his person or property, or deprived of having and exercising any right or privilege
of a citizen of the United States, the party so injured or deprived may have an action for
the recovery of damages occasioned by such injury or deprivation, against any one or more
of the conspirators..."
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FIRST AMENDMENT
(To the United States
Constitution)
"Congress shall
make no law respecting an establishment of
religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances".
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FIFTH AMENDMENT
(To the U.S. Constitution)
"No person shall be held to
answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private
property be taken for public use, without just
compensation".
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SIXTH Amendment
(To the U.S. Constitution)
"In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein
the crime shall have been committed, which district
shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to
be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his defence".
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EIGHTH AMENDMENT
(To the U.S. Constitution)
"Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted".
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FOURTEENTH Amendment
(To the U.S. Constitution)
"Section. 1.
"All persons born or naturalized in the United States
and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.
No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal
protection of the laws".
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