Sunday, May 21, 2006

Text: Criminal Indictment of the California Legislature

California District Court
Every District in the State of California

INDICTMENT
ref. Cal. Gov't Code §§ 3060-3074
--------------------------------------------x
The People of the Great State of California
- V -
The California State Legislature,

a/k/a "California Oligarchy,"

a/k/a "California State Assembly,"

a/k/a "California State Senate,"

a/k/a "California Law Makers,"

a/k/a "California State Officials,"

a/k/a "Belly of the Beast,"

a/k/a "The Kids Under the Dome,"

a/k/a "The 'left' Coast,"

a/k/a "The People's Republic of California"



Defendants.
--------------------------------------------x

COUNT ONE


Willful or corrupt misconduct in office


The Grand Jury Charges:

Background: California Legislature

1. According to Wikipedia, the free encyclopedia;

The California Legislature is the legislative branch of the state government of California. It is a bicameral legislature that consists of a lower house, the Assembly, and an upper house, the Senate. There are 80 State Assembly Members and 40 State Senators. The State Legislature meets in the state capital, Sacramento.
According to the California State Constitution, each elected official must take an oath of office prior to conducting the business of the electorate. At all relevant times from in or about March of 2000 until the date of the filing of this Indictment, the California Legislature has circumvented and/or directly opposed the will of the People and Electorate of the Great State of California.

2. The Legislature opposed the will of the People of California for several reasons. First, the will of the people, as revealed through Propositions, was considered by the Legislature to be outdated and regressive. Second, the electorate of California was viewed as too conservative and ruled by religious dogma. Third, the Legislature opposed the California Electorate becoming better informed and empowered to affect the direction of California law and social growth.

3. The Legislature functioned both on its own and through some special interest groups (a/k/a the Union Lobby and other un-named lobby groups and associations). These groups used their financial and social resources to influence the electorate, mainly by disseminating their views through mass media outlets who are supportive of their overall goals.

4. The Legislature, in direct dereliction of their sworn duties, allowed the public school system to become the focal point of groups who maintain a social-political agenda and who have willfully and purposefully attempted to guide the moral, social, and political views of the children enrolled in our public school system. The Legislature, and members therein, are working cooperatively with these groups and associations to influence the social development and moral compass of the children within the Great State of California, circumventing the rights and responsibilities of the parents and guardians ultimately responsible for the development of their children.

4a. The Legislature knowingly, willfully, and recklessly opposed legislation that would provide for better protection of our children and our society from sexually violent predators (svp) and pedophiles.

5. The Legislature, and members therein, have also forged alliances with groups like 'MECha' and 'La Raza'who maintains that California is not the sovereign land of the United States, but part of land identified as 'Aztlan'. These lawmakers, and others known and unknown to the Grand Jury, unlawfully, willfully, and knowingly joined and/or agreed in principle with the goals of these organizations to interfere with and obstruct the will of the electorate and the citizens of the Great State of California.


Overt Acts


6. In furtherance of said violations, and to effect the blatant disregard of their oath of office, the following overt acts, among others, were committed:

a. At various times since 1994 the Legislature has refused to support the spirit of Prop. 187 which was a clear desire by the electorate to gain control of the illegal immigration problems running rampant within the state. The Legislature put forward the following bills that were in direct opposition to the desired will of the electorate as revealed in the passing of Prop. 187:

~ SB60 - award driver's licenses to illegal residents
~ SCR113 - Legislature's endorsement of 'May Day'; a Socialist/Communist day of celebration and walk-out by illegal immigrants across the United States
~ AB540 - Free college tuition awarded to illegal residents

b. At various times since 2000, the Legislature refused to respect the will of the People of the Great State of California and the Constitution of California by proposing and approving bills meant to undermine Prop. 22, which states that
“Only marriage between a man and a woman
is valid or recognized in California.”
. The following are bills submitted by the California Legislature contrary to the implied will of the electorate:

~ AB205 - California Domestic Partner Rights and Responsibilities Act of 2003
~ AB1967 - Redefining Marriage
~ AB19 - Gender-neutral marriage
~ AB849 - Gender-neutral marriage
~ AB1437 - Requiring school books (K-12) to disclose sexual orientations of those who contributed to California
~ HR16 - Lesbian, Gay, Bisexual, and Trans gender (LGBT) Pride Month (June 2005)
~ AB2920 - Services for Gay Seniors
~ AB2051 - grants for domestic violence programs for gays
~ HR51 - Gay and Lesbian Pride month (2002)
~ AB2651 - recruiting gay foster parents for the promotion of placement of gay youth
~ AB1338 - Civil Same Sex Unions are recognized the same as Civil Marriages
~ ACR108 - Gay Pride Month (2003)
~ HR53 - Gay Pride Month (2004)
~ ACR85 - 'Respect for All'; a film series to celebrate "family diversity"
~ AB606 - Additional protection from discrimination and harassment based on sexual orientation real or perceived

c. At various times since 2000, the Legislature opposed legislation that would have provided additional protection for our children from sexually violent predators (svp) in direct violation of California Government Code, Chap. 9, Article 3. The Legislature, and members therein, opposed or held up in committee the following bills:

~ SB588 - Jessica's Law; The Sexual Predator Punishment and Control Act
~ AB231 - Jessica's Law; The Sexual Predator Punishment and Control Act
~ AB864 - Sexually violent Predators: terms of commitment
~ SB865 - Clearly defining a "Sexually Violent Predator"
~ SB1098 - Sexually violent predators: definition
Refusing to act on these bills places the Legislature in direct violation of California's State Constitution; Article 1, Section 1 & Section 28a which states:

SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.


SEC. 28. (a) The People of the State of California find and declare
that the enactment of comprehensive provisions and laws ensuring a
bill of rights for victims of crime, including safeguards in the
criminal justice system to fully protect those rights, is a matter of
grave statewide concern.
The rights of victims pervade the criminal justice system,
encompassing not only the right to restitution from the wrongdoers
for financial losses suffered as a result of criminal acts, but also
the more basic expectation that persons who commit felonious acts
causing injury to innocent victims will be appropriately detained in
custody, tried by the courts, and sufficiently punished so that the
public safety is protected and encouraged as a goal of highest
importance.
Such public safety extends to public primary, elementary, junior
high, and senior high school campuses, where students and staff have
the right to be safe and secure in their persons.
To accomplish these goals, broad reforms in the procedural
treatment of accused persons and the disposition and sentencing of
convicted persons are necessary and proper as deterrents to criminal
behavior and to serious disruption of people's lives.


d. On February 10th, 2004 the newly elected Mayor of San Francisco, Gavin Newsom, declared Proposition 22 unconstitutional and directed the County Clerk of San Francisco to change the forms and documents used to apply for and issue marriage licenses to be changed to allow for same sex couples to marry. Thousands of marriage licenses were issued to same sex couples in the County of San Francisco in direct violation of the State Constitution; Article 3, Section 3.5 a,b & c which states:

SEC. 3.5. An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
(a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
(b) To declare a statute unconstitutional;
(c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.

The State Legislature took no action in the face of this blatant violation of state law.

e. From at least 1994 until the date of the filing of this Indictment, the Legislature has allowed Justices to legislate from the bench in direct violation of the State Constitution, Article 3, Section 3 which states:

SEC. 3. The powers of state government are legislative, executive,
and judicial. Persons charged with the exercise of one power may not
exercise either of the others except as permitted by this
Constitution.


f. From at least 1998 until the date of the filing of this Indictment, the State Legislature has allowed the English language to diminish as the official language of the State of California. This is in direct violation of the State Constitution, Article 3, Section 6 which states:

SEC. 6. (a) Purpose.
English is the common language of the people of the United States
of America and the State of California. This section is intended to
preserve, protect and strengthen the English language
, and not to
supersede any of the rights guaranteed to the people by this
Constitution.
(b) English as the Official Language of California.
English is the official language of the State of California.
(c) Enforcement.
The Legislature shall enforce this section by appropriate
legislation. The Legislature and officials of the State of
California shall take all steps necessary to insure that the role of
English as the common language of the State of California is
preserved and enhanced.
The Legislature shall make no law which
diminishes or ignores the role of English as the common language of
the State of California.
(d) Personal Right of Action and Jurisdiction of Courts.
Any person who is a resident of or doing business in the State of
California shall have standing to sue the State of California to
enforce this section, and the Courts of record of the State of
California shall have jurisdiction to hear cases brought to enforce
this section. The Legislature may provide reasonable and appropriate
limitations on the time and manner of suits brought under this
section.


g. From at least 2000 until the date of the filing of this Indictment, the State Legislature, and members therein, have failed to uphold their oath of office by having a total disregard for the will of the Electorate in violation of the Article 1, Section 3a of the State Constitution which states:

SEC. 3. (a) The people have the right to instruct their
representatives
, petition government for redress of grievances, and
assemble freely to consult for the common good.


h. From at least 2001 until the date of the filing of this Indictment, the Legislature has awarded certain college tuition privileges to illegal residents of this state in direct violation of Article 1, Section 7b and Section 31a of the State Constitution which states:
SEC. 7. (b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or
revoked.
SEC. 31. (a) The State shall not discriminate against, or grant
preferential treatment to, any individual or group on the basis of
race, sex, color, ethnicity, or national origin in the operation of
public employment, public education, or public contracting.



i. From at least 1994 until the date of the filing of this Indictment, the California Legislature, and members therein, have violated their oath of office by expressing support and/or allegiance with groups and organizations who, as part of their agenda, have vowed to separate California from the United States and incorporate it into a region known as Aztlan. This association with members of the Legislature and those determined to separate California from the Union is a direct violation of Article 20, Section 3 of the State Constitution which reads:

SEC. 3. Members of the Legislature, and all public officers and
employees, executive, legislative, and judicial, except such inferior
officers and employees as may be by law exempted, shall, before they
enter upon the duties of their respective offices, take and
subscribe the following oath or affirmation:

"I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
to enter.
"And I do further swear (or affirm) that I do not advocate,
nor
am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means;
that within the five years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any party or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means except as follows:
________________________________________________________________
(If no affiliations, write in the words "No Exceptions")
and that during such time as I hold the office of ______________
________________________________ I will not advocate nor become
(name of office)
a member of any party or organization, political or otherwise,
that advocates the overthrow of the Government of the United
States or of the State of California by force or violence or
other unlawful means."


(CA Gov. Code 3060 - 3074)

Indictment filed by:


Michael DiBartolo
Resident, Citizen, and Electorate
of the Great State of California



** This Indictment lays out clear offenses, disregard, and blatant obstruction of the State's Constitution and the will of the people of California. This indictment is meant to edify the electorate to the abuses taking place in our State Legislature and to encourage the Electorate to take immediate action to hold the Legislature accountable for their actions by removing all those who have violated their oath of office by voting them out of office in the elections slated for 2006 and 2008 and to hold all elected officials accountable to the Constitution and the will of the people.
If you are in agreement with these charges and the resolution to regain control of our legislature, please sign your name to the comment section of this Indictment and then forward this Indictment to all those who care about the direction California is heading. **

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