The Black Community’s Next Move
by Alton H. Maddox, Jr.
On this past Tuesday, the U.S. Justice Department only confirmed the prophecy of our ancestors. The U.S. Justice Department would continue to give great deference to the Compromise of 1877. This decision would come two days before Trayvon Martin’s birthday. This is the modus operandi of white supremacy.
On this past Monday, I had ominously published an article entitled, “An Ombudsman for Black and Latino Children.” They are children without legal representatives and they are disenfranchised politically. Their parents are also disenfranchised and they also lack access to the courts.
Without factoring in the “race calculus,” they are the victims of double jeopardy which is in violation of the Fifth Amendment. Our children need HELP. Among other things, Black and Latino children in New York are subject to the nation’s most repressive legislation. This is of no concern to Black and Latino selected officials.
The United States is unable to erase slavery from its blackboard. Justice would require compensation. This is an innate element of justice and an indispensable element of American jurisprudence. Without justice there should be no peace. Justice and peace should share a symbiotic relationship.
The “debt” is not subject to erasure without compensation. Until the “debt” has been satisfied, its Black creditors, in the meantime, must be placed in protective custody. Any harm gives rise to double indemnity. The parents of Black children are subject to immeasurable pain and suffering coupled with the lack of compensation for wrongful deaths.
No court in the United States should be unfamiliar with the legal concept of judicial notice. These are facts which do not need to be proven. Perennial racism is one of those facts. Res ipsa loquitor should apply to civil rights violations. This eases the element of proof.
The U.S. Justice Department is hypocritical when it claims that a civil rights prosecution requires a high-level of proof. America was born out of slavery and the “badges of slavery” still thrive. This is proof that descendants of enslaved Africans are “constitutional squatters.”
“Ambulance chasers” and the “silver rites” movement are not designed to deliver justice. Descendants of enslaved Africans have bitten the bullet and they are accepting hush money instead of justice. Howard Beach and Bensonhurst, as legal models, were of no moment to them.
“Ambulance chasers” have also replaced civil rights attorneys and the “silver rites” movement has replaced the civil rights movement to the consternation of our revered ancestors who sacrificed their lives to prevent history from repeating itself. The lesson to be learned from State v. Zimmerman is that an elected prosecutor is not a special prosecutor.
Fannie Lou Hamer gave us a delivery system for political science. Rosa Parks concurred. I founded the Freedom Party in 1994. It has never attracted a single, part-time volunteer or a seasonal volunteer. Thus, political education is not a high priority in the Black community.
With these indifferent persons tightly holding the directionless, political reigns of the Freedom Party, no effort is being made to resist the assault on our children. March 7, 2015 will be, to the day, 158 years after Dred Scott and, fifty years, to the day, after “Bloody Sunday 1965” in Selma, AL.
The outrage against the protracted, inhumane and unprecedented assault against our children should reach a crescendo by March 7, 2015 but this will not happen without a well-developed plan to sustain the struggle under the rubric of Black Lives Matter.
The Freedom Party should be in its vanguard. It is the purpose of a political party. This is a class-action. There are no “innocent bystanders.” While a victim will naturally seek personal justice, the class must seek protective justice. The class will need a human-civil rights attorney to secure class relief. Freedom is not free and war is full-time.
Is a Passport to George Zimmerman a Fish Tale?
No one is taking me seriously when I assert that you must be bilingual to communicate with white supremacists: “legalese” and “military science.” It is not enough to be fluent in pig Latin. White supremacists may “hear” you but they only understand “legalese” and “military science.” This is a big problem for Blacks. Leading Blacks, at best, only speak “broken English.”
For white supremacists, it is enough that Blacks are unable to speak “military science.” The U.S. Justice Department announced, on this past Tuesday, that only insufficient evidence is available to convict George Zimmerman on civil rights violations for the death of Trayvon Martin. Therefore, Zimmerman should be exempt from a criminal accusation.
This is like “putting the cart before the horse.” A criminal prosecution does not start with a conviction. It starts with an indictment as is authorized under the Fifth Amendment. The last stage in the criminal process is a criminal conviction, if convicted, with the option for a criminal defendant to file post-conviction motions.
You will never hear a prosecuting attorney and a defense attorney arguing on CNN or MSNBC that a prosecutor is never able to indict a ham sandwich. Attorneys are not supposed to argue the truth. They are supposed to argue either side of the “facts.” Confrontation is supposed to deliver the truth. A jury announces the verdict.
The issue is whether probable cause exists under the Fourth Amendment to satisfy an arrest of Zimmerman. Probable cause does not mean that sufficient evidence exists to warrant a conviction but criminal defendants are arrested and prosecuted because it is more likely than not that a criminal defendant perpetrated a crime.
Self-defense in a subsequent civil rights prosecution is not subject to the doctrine of res judicata. Zimmerman is not denying that he killed Trayvon Martin. Only a petit jury can decide that a tribunal can leap from an accusation to a conclusion. The prosecutor is only unable to pursue an appeal.
There is no such thing as a pro bono defense. In a protracted struggle, dollars must be recycled to sustain it. Everyone is aware of this fact except descendants of enslaved Africans who are unwilling to invest in freedom. Stated differently, you must pay to play.
Other ethnic groups give great deference to ethics. For years, the Freedom Party has been working on a working definition for “ethics” which is racial glue so that we can stick together. This effort is still a “work-in-progress.” For this reason, politics is currently beyond our reach.
It is a poor rat that does not have its own hole. I invested over One Million Dollars in UAM, Freedom Party and Freedom Retreat for Boys and Girls so that we could have a hole. All members could ride for free. Any organization must have a headquarters. Expenses accompany a headquarters.
Recycled dollars should have allowed for me to purchase a law library for Blacks if we were not social parasites. Someone is the Black community has to speak “legalese.” The business records for UAM are filed and available for public inspection in the Brooklyn Civil Court.
If I had not come to New York and had not invested substantially in the freedom of Blacks for more than thirty years, there would have been no legal or civil rights victories in New York while I was practicing law in addition to counseling Blacks.
The international slave trade only came into fruition because of investors. Accounting was the accelerant and its code of ethics. This is why the “business record exception” to the hearsay rule is at the centerpiece of American jurisprudence. Business records ensure reliability.
The claim that the Justice Department lacks the proof to secure an indictment of Zimmerman is “fishy.” It should have, in its possession, all of its own investigatory files, Florida’s investigatory files and a murder trial. Florida, on the other hand, was able to secure an indictment and trial only after a grand jury investigation but the United States lacks overwhelming evidence to simply indict and arrest Zimmerman.
It is up to a federal petit jury to convict Zimmerman. If insufficient evidence had existed to indict him, this would be a call for a federal judge under Rule 12 of the Federal Rules of Criminal Procedure to decide in a pre-trial motion. Any adverse ruling by the federal judge can be taken upstairs without suffering legal sanctions. The U.S. Justice Department is exceeding its prosecutorial authority and usurping judicial authority.
I knew that the fight for justice for Trayvon Martin was beyond the ken of the “silver rites” movement. It is sad that I had to use personal funds for all Blacks to retain any semblance of respectability for the race. Every ethnic group has its own reputation. Our reputation is near the bottom of the totem pole. Chief Justice Roger Taney defined the class in Dred Scott on March 7, 1857. What will Blacks be doing on March 7, 2015?
Visit: WWW.REINSTATEALTONMADDOX.COM for my political and legal writings.
For more than two decades, several thousand persons have received my invaluable, writings on politics, law and military science, free of any cost, even though the fixed costs to publish them including research, writing, editing and publishing have exceeded over Twenty-five Hundred Dollars monthly. There is also now a need to upgrade equipment, legal literature and software and to resume the practice of law as the private attorney general without “judicial bullying.” “Freedom is not free.” No one should ride the back of another person. This is an accounting principle.
Make contributions for a free and educational press and for a legal defense fund for the U.S. Supreme Court to redress an odious grievance and provide an emergency, legal defense fund for Tawana Brawley and Ramsey Orta only to:
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Bronx, NY 10471
Too honest for the White Press and too black for much of today’s Black Press; bullet columnist Alton Maddox upsets the same people and status quo as he did as an uncompromising Defense Attorney. He is also a founding member of the Freedom Party. Please support the movement to Reinstate him. Contact him at c/o UAM P.O. BOX 35 BRONX, NY 10471.