PIML 96061102 / Forwarded to Patriot Information Mailing List: [Welcome to police state Amerika.] PIML ================================================================== From: JAdam2594@aol.com Date: Fri, 7 Jun 1996 08:16:23 -0400 Subject: Fwd: Letter From Jeff --------------------- Forwarded message: Subj: Letter From Jeff Date: 96-06-05 23:57:09 EDT From: RSayles This is a letter recently received from my friend and roommate Jeff Ganaposki. Jeff is currently awaiting federal trial on Title 18 Secton 228, "Failure To Pay Child Support" charges. ***RSS*** ________________________________________________________________________ Letter from Jeff Ganaposki Federal Prisoner May 29, 1996 "I keep hoping I'll wake up and fink that it was only a nightmare, but after 5 weeks in jail I'm not optimistic. What is most disturbing is the blatant disregard for the Constitution that I have observed by judges, officers, and agents of the U.S. Government. I'm not illiterate so when I read that: "No Warrant shall issue, but upon Probable Cause, supported by oath or affirmation." I expect that those who have sworn oaths to the U.S. Constitution would not dare issue unconstitutional warrants, without sworn oath or affirmation. On April 25, 1996, two men, allegedly U.S. Marshals, burst into my domicile, located in Cobb County, Georgia. They did not have a search warrant, nor did they have a constitutional warrant for my arrest. After pinning my arms behind me, and painfully applying manacles, I was transported to the Atlanta City Detention Center Annex. At the desk I challenged the marshals to present a valid warrant. One of the unknown marshals slapped down a document styled: "Warrant for Arrest" upon the desk. I asked where was the sworn oath or affirmation? The haughty officer flipped over the 1st page and - surprise - no oath or affirmation - not even a judge's signature on the "information." The officer, not without a hint of guilt, quickly grabbed the bogus warrant form the desk and turned me over to the custody of the City of Atlanta. When I objected to the illegal arrest and demanded an immediate probable cause hearing, I was treated to nine days of solitary confinement in the maximum security section. In a room I estimated to be barely 7' X 9', I had nothing to do, nothing to read, nothing to write with. I was locked down, with only one free hour to shower, wash my clothes, and make collect phone calls. As a Bishop, and Pastor of the Church of the Living Word, I didn't feel that there was sufficient grounds to assume I was a dangerous felon. In fact, the alleged charge was a petty misdemeanor with a maximum sentence of 6 months. But there may be more sinister grounds for my unwarranted arrest and unlawful incarceration. When I was brought before Magistrate Daugherty, in the United States District Court in Atlanta, the magistrate disregarded my objections to the unconstitutional arrest. Even the Public Defender, who was counsel, was at a loss, for the "warrant" was patently defective, in violation of the Federal Rules of Criminal Procedure, rules 3, 4, 5, & 9. Perhaps the real reason I'm jailed is not to answer a false and fraudulent charge, but to keep me off the air. I had a radio ministry on the Eagle Radio Network, on satellite Galaxy 6, transponder 14, audio 7.56 MHZ, from 1 to 2 p.m., Monday through Friday. My show dealt with topics like law, philosophy, and history that opposed facts that were contradictory to the policies of the U.S. Government. I told my audience that the Supreme Court affirmed that Americans are blessed with the birthright of Sovereignty, but that Americans surrendered their sovereignty when they applied for a number in the Social Security system. My charge is for "willful failure to pay child support." But I have a letter from the Enforcement Agency, Domestic Relations Section, that admits that their authority to compel "involuntary servitude" is the Social Security Act of 1935. As a Christian, I do not wish to be "numbered", and have revoked my signature, for fraud, surrendered documents, and renounced all claims to the alleged "benefits" of the Social Security system. In 1993, Pennsylvania filed a civil suit in Georgia to enforce their "order." But after I placed the facts into the court records, I proved that fraud was the basis of Pennsylvania's claim, and prevailed. Why? To inflict "voluntary Servitude" requires my consent - knowingly, willingly, and intentionally. I was never informed by the Social Security Administration that I waived my rights when I signed up with them. In 1996 the Domestic Relations Section filed a claim - this time with the Feds under the presumed authority of Title 18 United States Code, Section 228. But the law is unconstitutional for many reasons, not just because I don't have an account with the Social Security Administration or that I already won the case in a previous suit. The Constitution does not grant legislative authority to the U.S. Congress in the states beyond the exclusive property of the United States government or those who are bound by contract with Congress. The founding fathers expressly forbade incarceration for debt, even if the debt was legitimate. To make a breach of contract into a criminal offense is abuse of delegated Powers and an insult to the brave men and women who fought and died to secure the blessings of Liberty and freedom. If the U.S. Government had an injured party, whose person or property was injured by me, and did swear an affidavit, the government still lacks criminal jurisdiction in Georgia, or Pennsylvania, over a free inhabitant who is not a Federal territory, nor in contract with the U.S. Government. But such facts do not deter the government from its tyranny. Big Brother will arrest without warrant. Big Brother will deny rights to Probable Cause or Due Process. Three U.S. judges or magistrates already have denied me rights secured by their oaths to the U.S. Constitution. I'm still incarcerated, in violation of the U.S. Constitution, the Supreme Law of the Land. I've attempted to file for my right to a Habeas Corpus hearing, where the government would be compelled to prove their lawful authority to hold me. When one petition was filed in Fulton County Superior Court, in Atlanta, Georgia, the U.S. Marshals flew me to Oklahoma City, Oklahoma. When a petition was filed with the Supreme Court, it was returned because my situation wasn't extraordinary! And one can't file in district court until after convicted. To further unsure I wouldn't file a Petition, I've been moved to six jails, flown twice, courtesy of the U.S. Marshal's airline, and all in a period of 5 weeks. Are Americans to have their liberty at risk of rogues who arrest on the hearsay of unsworn "information?" The 4th Amendment protections required someone to put themselves at risk, under penalty of perjury, before government dare seize a person or his property. That was to prevent false accusations and malicious prosecutions. Here I am, in the 35th day of my captivity. I never thought this could happen in America. I believed that the government obeyed the law. Apparently, I'm wrong. I filed a suit, seeking damages in the amount of $200 million dollars. But I fear that will trigger punitive actions by the Feds. I was warned by others that the Federal Bureau of Prisons will subject irritants to "Diesel Therapy", where the poor convict is shipped from prison to prison. Mail never catches up, and their lawsuits are thus dismissed. My situation is not unique. I met inmates who were convicted but were waiting to be sentenced - some as long as 3 « years! That is cruel and unusual punishment. It's a sentence to indefinite suffering. To those who still believe in American Justice, please take a closer look. According to the Declaration of Independence, America's governments were instituted to secure Rights - never violate them. If my suffering is any indication of the "law" enacted by the U.S. Congress, then it's time we consider the sage advice in the Declaration: when governments injure Rights, the people are authorized to alter or abolish it. The ballot box is impotent when the legislature, executive, and judicial branch is rotten at the foundations. I pray no one else suffers the horror of unlawful arrest and imprisonment. And I pray that America wakes up before the Police State has complete control of our lives, liberties, and land we love. The outages of Waco, Texas and Ruby Ridge, Idaho are the tip of the iceberg. When the government breaks the law it breeds contempt for the law. We don't need more police or prisons to end crime. We need to stop the abuses of government - America's real "Organized Crime." Jeff Ganaposki May 29, 1996 ================================================================== * Patriot Information Mailing List * http://constitution.org/piml/piml.htm * A service to help inform those who have an active interest in * returning our federal and state governments to limited, * constitutional government * Send messages for consideration and possible posting to * butterb@sagenet.net (Bill Utterback). * To subscribe or unsubscribe, send message with subject line * "subscribe patriot" or "unsubscribe patriot" * Forwarded messages sent on this mailing list are NOT verified. * See World's Smallest Political Quiz: www.self-gov.org/quiz.html * Libertarian is to LIBERTY as librarian is to library (DePena) * PIML grants permission to copy and repost this message * in its entirety with headers and trailers left intact.