“Fidelity, Bravery, Integrity.” ~The FBI Motto
“The FBI has purposely – and it says, justifiably – shot 150 Americans since 1993.” (http://theweek.com/article/index/245793/the-fbi-has-purposefully-mdash-and-it-says-justifiably-mdash-shot-150-americans-since-1993)
NOTE: This post takes a more in-depth look at the “Jurisdiction” issue as written about in the previous post: “Declaration of Independence – For the Cause and Friends of Liberty.”
NOTE: On or about 11/29/10 Billy bob Bramscher was temporary resident in Las Vegas, Nevada – Sin City…
On 12/23/2010 Detective Richard Infranca, Westminster Police Department, did leave a voice-mail on my wireless and shortly thereafter I did return his call. On the return call and at the very beginning I asked, for my own protection, if the call was being recorded and Detective Richard Infranca, who did lie over fourteen (14) times on the Application for Arrest Warrant and Affidavit, responded that the call was not being recorded. Detective Richard Infranca promptly disconnected the phone call.
I quickly again dialed ten (10) digits and Infranca acted surprised that the phone call was disconnected and recorded our entire conversation. We spoke for sum sixty minutes and this recording was presented as evidence against and was used at my trial.
NOTE: Please know that I did file with the former District Attorney Don Quick, former Senior Deputy District Attorney Daniel Brechbuhl and Judge Popovich a “Motion to Suppress Contents of Intercepted Communications” on 12/12/2011 which of course was denied by the Judge. My reason for doing this was simply that Infranca is a douche-bag and illegally recorded the call. I was not afraid of the recordings contents…
I have to be honest; I was terrified after the call based on my previous experiences with the City of Westminster, the Westminster Police and the Westminster Municipal Court. As my deceased Uncle did protect four (4) Presidents of the United States of America for the Secret Service I had no fear in contacting this organization for help and/or referral. I was advised to contact the local office of the FBI, Denver, Colorado.
Placing a call to the FBI I was transferred to Duty Agent Jason Malin. For sum forty-five (45) minutes, while at tears, I told Agent Malin the exact truth and nothing but the truth about the circumstances and my honest actions. At the end of the call I was assured by Agent Jason Malin that I had not violated Federal Law and that the FBI would not be coming to get me.
NOTE: On the Westminster Police Department Case Report, Case Number: 2010-20293, authored by Detective Richard Infrance (20897), on page 3 of 28, listed as “Involved, Other Seq # 5 Jason Malin, FBI, 8000 E 36 Ave, Denver 80238.” When I did attempt to subpoena FBI Agent Jason Malin as defense witness it was denied. A really amazing blonde bird lawyer for the FBI showed up to court and that was the end of that…
NOTE: My AT&T Cell Phone Records were never subpoenaed by former District Attorney Don Quick or former Senior Deputy District Attorney Daniel Brechbuhl. The reason is simple… I NEVER made the phone call as falsely alleged.
NOTE: I requested Public Defender Cathlin Matson, Alternative Defense Counsel Rick Hernandez, Alternative Defense Counsel Fran Simonet and Advisory Counsel Ray Joachim (Benedict Arnold) to subpoena my phone records to show as evidence when I did and did not call and all refused to acquire this important piece of evidence.
The speech & conduct in question case 10CR3690/11SA212 is the product of a [falsely alleged] single act interstate telephone communication under the jurisdiction of Congress and Federal Courts. (See USC ART III Clause I Subjects of Jurisdiction; USC ART VI Clause 2 Supreme Law; see also Communications Act of 1934 (47 USCS §§ 151 et seq.); Communications Decency Act of 1996; see e.g., 47 §§ USCS 223 et seq. “Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications” United States Code Service.
Valid Federal Laws are part of the Supreme Law of the Land, and state may not discriminate against rights created by or arising under such laws and a Federal Statue cannot be invalidated under State Constitution.
Case Law: “Laws of the United States encompasses both federal statutes themselves and Federal Regulations that are properly adopted in accordance with statutory authorization” (New York v FCC (1988) 486 US 57, 100 L Ed 2d 48, 108 S Ct 1637, 15 Media L R 1542).
Case Law: “Federal laws are as much Law of Land in any state as state laws are” (Claflin v Houseman (1876) 93 US 130, 3 OTTO 130, 23 L Ed 833).
Case Law: “State courts must follow construction of Federal Statutes as laid down by Federal Courts” (Adskim v Oregon W.R. & N. Co. (1929) 129 OR 169, 276 P 1094).
Case Law: “Construction of Constitution and statutes of United States Supreme Court is contolling on all courts of union whether state or federal” (People ex rel Leach v Baldwin (1930) 341 111 604, 174 NE 51).
Case Law: “Whenever any conflict arises between enactments of the United States and State, those of national government have supremacy” (Tarble’s Case (1871) 80 US 397, 13 WALL 397, 20 L Ed 597).
Case Law: “Where there exists concurrent right of legislation in states and in Congress, and latter has exercised its power, there remains in states no authority to legislate on same matter” (Waite v Dowley (1877) 94 US 527, 4 OTTO 527, 24 L Ed 181).
Case Law: “In case of conflict between powers claimed by state and those which belong exclusively to Congress, former must yield” (Adams Express Co v Dentucky (1909) 214 US 218, 53 L Ed).
Case Law: “Federal Constitution and Laws Enacted under it prevail over laws of state” (Florida v Mellon (1927) 273 US 12, 47 S Ct 265, 71 L Ed 511, 1 USTC 205, 6 AFTR 6416).
Case Law: “Congress, acting within Federal Constitution, may create rights and remedies even though they conflict with Constitution of State” (Schaffer v Leimberg (1945) 318 MASS 396, 62 NE2d 193).
Case Law: “Constitution, and Supremacy Clause (Art VI, CL 2) gives congress within its sphere of power to enact laws superseding conflicting laws of states; this degree of federal control over exercise of state governmental power does not detract from fact that it is state’s own sovereignty which is origin of its power” (United States v Wheeler (1978) 435 US 313, 55 L Ed 2d 303, 98 S Ct 1079).
FACT: It is an adjudicated fact that Billy bob Bramscher was outside the state of Colorado on November 29, 2010 and therefore was outside the jurisdiction of the State of Colorado and its agents. If the falsely alleged Speech & Conduct in single act interstate telephone communication would have actually occurred in “Reality” then it would have been the Federal Bureau of Investigation who would have had sole authority to issue an Affidavit and Arrest Warrant and placed Billy bob Bramscher under arrest presenting him to a Federal Judge in Federal Court.
Conclusion: I am Billy bob Bramscher and I am a victim of bullying, bad-faith investigation, vindictive prosecution, malicious prosecution, First Amendment Retaliation and Civil Rights violations by City of Westminster, Westminster Police Department, Westminster Municipal Court, Adams County Court, Adams County District Court, Adams County District Attorney, Colorado Public Defender/Alternative Defense Counsel.
Not only did the Westminster Police Department and Adams District/County Courts not have jurisdiction to arrest Billy bob Bramscher, when requested of Judge Popovich to apply Federal Rules during the proceedings this request was continually denied which was an absolute abuse of discretion.
Let’s be real serious… If a “Billy bob” actually called Westminster City Operator and threatened to blow-up the Magistrate John Stipech, Probation Officer Tracy Cutshaw, and BLOW-UP the Court house… that shit should have been on the 5pm, 6pm and 10pm news… Yet you will not find that story! The only story you will find are my attempts to contact the media regarding how my Civil Rights were being violated and that my Bullies were the above mentioned organizations.
~May Peace be with you…
~Billy bob Bramscher