SECOND UPDATE: It’s past 5 PM on January 10 (the day after posting of this original post), and I have received no objections.
Many of you know I have another blog called “Jill Clark continues.” I posted a lot of posts to that blog last evening. Oddly, that blog is not working right at the moment. First, I am not able to “update” – for example, I could not post on that blog, the second update you see above. Second, it is not appearing in the top 20 browser hits when I search for it on Yahoo, and when I searched for it last evening, it came up at hit #1.
HERE’S AN UPDATE
So far, 100% of the responses have been an endorsement of what I am trying to do.
For the past many years, I have been functioning as a “special prosecutor,” ferreting out public official abuse of authority or other misconduct, investigating it, gathering evidence, and filing it with the courts. I have also put it before juries, who can tell their own story, but from my vantage point, they have gotten the message.
For the past decade, I have studied constitutional law and the law of co-called “immunities.” My clients have encountered the down-side of immunities, I even had a case where doctors claimed they were private, but still entitled to immunities. For those less familiar with the term, it essentially means immune from lawsuit. A person can be “immune” from civil lawsuit or “immune” from a criminal lawsuit. The same analysis would apply to a quasi-criminal proceeding, such as when the State, working with other public officials and private people, endeavors to take the license of an attorney.
Since 1993, the US Supreme Court has analyzed immunities using a “funtional” approach. Using this functional approach, my activites noted above have been“ ‘clothed with the authority of state law.’ ” West, 487 U.S. at 49, 55 (quoting United States v. Classic, 313 U.S. 299, 326 (1941)), cited with approval in State v. Beecroft, Minnesota Supreme Court 2012 (A09-0390).
People in the system know I have been functioning as a special prosecutor in this respect. Those who have not been trying to get me for it, have been sitting by and watching as I have taken all the risk.
I am hereby granting myself immunity, under West, Beecroft and the functional approach. PLEASE TAKE NOTICE. Anyone objecting to this analysis, must file a written objection on this blog within 1 day (let’s day by 5 pm tomorrow), complete with factual allegations, legal analysis, a conclusion, and of course, a proposed order.
If any of these technical demands are not met, your objection will be ignored. And you will be added to my list of people who are “not cool.”
You can consider me as affirmatively granting the immunity, or that is has, organically, grown up over time. I believe either will suffice.
Using the former, I maintain that I carry with me, wherever I go, in whatever medium I choose, and using whatever criteria I so choose, at my discretion, to immunize any other individual (or group of individuals) to speak out on these issues.