President Clinton was unlawfully compelled
by the federal Judiciary to stand the Paula Jones Suit,
and to submit to Interrogation, called "Discovery,"
which was essentially a "compulsive Examination"
of a party, not a witness, and was unlawfully interrogated
on Matters that were not material to the Issue of the Suit;
and, therefore, he committed no Crime of corrupt Perjury
by his Testimony, being Answers to Questions
of his private Life,
which naturally were given to protect himself,
Family, Friends and Associates from Intrusion.
Table of Contents
1. The Supreme Court Decision in Clinton v. Jones
was oppressive, being founded on unconstitutional
Supreme Court Doctrine of Presidential Immunity
from civil Suits at the Discretion of the Judiciary,
and therefore did Mr. Clinton
wrong. 2
2. The compulsive Examination of Parties of a civil Suit,
as permitted by the Federal Rules of Civil Procedure,
is unconstitutional hence, the compulsory Deposition
of Mr. Clinton in the Paula
Jones Suit was unlawful. 3
3. The Federal Rules of Evidence are unconstitutional,
Rules which permitted the Court in the Paula Jones Suit
to direct Mr. Clinton to answer Questions of "other Women,"
Facts about which were not
in Issue in the Suit. 4
Rules 401 and 402 of the Federal Rules of Evidence 5
Rule 401. Definition of "Relevant Evidence" 5
Relevant Evidence, by Rule 401 Chart of Elements 7
Legal Evidence, by Blackstone
Chart of Elements 8
4. Judge Wright's Order requiring Mr. Clinton
to submit to a Deposition and answer Questions
about "other Women," while deferring a Ruling
on whether such Evidence will be admissible at Trial,
is a further Nonsense, as well as unconstitutional,
and is indicative of oppressive
Behavior of the Courts. 16
5. Presumption of tyrannical Partiality
of the Judges of the District Court,
the Appeals Court, and the Supreme Court
in the Matter of the Paula
Jones Suit. 17
6. The Supreme Court with its Marshal
coerced the President. 20
7. The Question of the Jurisdiction
of the federal Courts to have Cognizance
of the Paula Jones Suit. 21
Existence versus Truth 22
Federal Rules of Evidence 22
Rule 401. Definition of "Relevant
Evidence" 22
Rule 603. Oath or Affirmation
24
A Digression on the "matters
before the Court." 26
Resuming the Analysis of the Federal Rules of Evidence
with respect to truth.
32
Oath to Jurors in Civil Case
(U.S. Courts) 33
Amendment VII of the Constitution
36
Positive Proof and Circumstantial
Evidence 41
Proof that the Leading Maxims on legal Evidence
laid down in Blackstone's Commentaries on the Laws of England
is the Law of Evidence binding the Courts of the United States
under the Constitution 44
The Independent Counsel's Reference
to the "Law of Evidence" that
permitted Questions on "other Women." 55
Rule 401. Definition of "Relevant Evidence" 57
Rule 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence Inadmissible. 57
Rule 404. Character Evidence Not Admissible to prove
Conduct; Exceptions; Other
Crimes 57
Further Proof of legal Evidence
under the Constitution of the United States
provided by the Unanimity
Rule for Jury Verdicts. 64
President Clinton was unlawfully compelled
by the federal Judiciary to stand the Paula Jones Suit,
and to submit to Interrogation, called "Discovery,"
which was essentially a "compulsive Examination"
of a party, not a witness, and was unlawfully interrogated
on Matters that were not material to the Issue of the Suit;
and, therefore, he committed no Crime of corrupt Perjury
by his Testimony, being Answers to Questions of his private Life,
which naturally were given to protect himself,
Family, Friends and Associates from Intrusion.

1. The Supreme Court Decision in Clinton v. Jones
was oppressive, being founded on unconstitutional
Supreme Court Doctrine of Presidential Immunity
from civil Suits at the Discretion of the Judiciary,
and therefore did Mr. Clinton wrong.
The Supreme Court decision in Clinton v. Jones (1997), which
denied Mr. Clinton's motion to stay the Paula Jones suit until he
leaves the office of President of the United States, and which in effect
ordered that President Clinton to subject himself to the Paula Jones
civil suit, that is, to stand the suit, and which resulted in Mr. Clinton
being ordered by the District Court to submit to a deposition, that
is, a compulsory examination of Mr. Clinton under oath by the plaintiff's
attorneys, violated the Constitution of the United States, as an
oppressive abuse of the judicial power under the Constitution, being founded
on an erroneous Court opinion a Supreme Court-made "doctrine" of
presidential
immunity by judicial discretion. The President's motion in the
Paula
Jones suit, namely, to dismiss the suit "without prejudice" to the
plaintiff, but allowing her to re-file her suit in the United States Courts
after Mr. Clinton's term of office expires, was properly founded on Article
II, Section 3 of the Constitution, particularly, the directive, that the
President "shall take Care that the Laws be faithfully executed," and the
President's oath of office, "I do solemnly swear that I will faithfully
execute the Office of President of the United States, and will to the best
of my Ability, preserve, protect and defend the Constitution of the United
States."
The Supreme Court's opinion in Clinton v. Jones, given as the
ground for the Court's decision, disregards the Article II, Section 3 of
the Constitution, and instead asserts a Supreme Court "doctrine" of presidential
immunity from law suits, except in "appropriate circumstances" at
the discretion of the Court. This doctrine is not expressed in the
Constitution, but is merely Supreme Court dictum, and is unconstitutional.
A President by the Constitution has no immunity from lawsuits; but he could
plea for a stay of a suit, if the suit does not charge the President with
any violations of the Constitution or the laws of the United States. As
the Supreme Court opinion in Clinton v. Jones is not supportive
of the Constitution, the Court's decision in that case to compel Mr. Clinton
to submit to the Paula Jones suit, and to undergo a compulsive examination
under oath in a deposition, was oppressive, and therefore, unconstitutional.
The Court opinion is wholly unfounded and arbitrary, including a section
which outright makes a mockery of the Constitution, and of the People who
ordained and established it, and ought to have been disregarded by the
President, in compliance with his oath to preserve the Constitution. The
full proof of this finding is given in Part VI.
2. The compulsive Examination of Parties of a civil Suit,
as permitted by the Federal Rules of Civil Procedure,
is unconstitutional hence, the compulsory Deposition
of Mr. Clinton in the Paula Jones Suit was unlawful.
The District Court's order compelling Mr. Clinton, under threat of a
criminal contempt citation and other adverse consequences, to answer under
oath written interrogatories and questions in an oral examination (a deposition),
discovery proceedings under the so-called "Federal Rules of Civil Procedure,"
which permit such a compulsive examination of a party, as the defendant,
in a "civil action," violated the Constitution, Article III, Section
2, which expressly provides for the distinction between cases in law
and cases in equity. The
compulsive examination of
a party to a civil suit in equity is the essential difference
in the mode of proof, or the form of evidence, in these two distinct species
of judicial proceedings, namely, the proceedings for suits at law
and those for suits in equity. When the Constitution was ordained,
it was an established legal principle that in a suit which is under the
ordinary jurisdiction of the courts of justice, a "compulsive discovery"
by the oath of parties (not to be confused with witnesses to a fact who
are not parties to the suit) is not permitted, and for good reasons.
By this legal principle, the compulsive examination of a party is permitted
only in the proceedings in courts of equity; and then suits in equity were
allowed only in "rare and extraordinary" cases, where an adequate relief
cannot be obtained by an action at law, or when the facts of the
case, or their leading circumstances, rest only in the knowledge of the
party. The reasons for not permitting compulsive examination of the parties
in ordinary suits, that is, in actions at law, was to avoid all
temptations of perjury, and thereby to settle or terminate disputes
justly, and thus to quiet the contention, not to stir up contention and
strife.
The Supreme Court has made the rules of procedure for civil cases, however,
which abolished the Constitution-mandated distinction between cases
in law and cases in equity, by subjecting the defendant in any civil suit
to a compulsive examination, which is a violation of the Constitution,
and a violation of the established principle underlying the Article III,
Section 2 distinction between "cases in law" and "cases in equity," namely,
that "fault is not to be wrung out" of a person charged with wrong doing,
"but rather to be discovered by other means, and other men." (Blackstone's
Commentaries, IV, Ch.22, p.293). Moreover, the Supreme Court is
not vested with the legislative power to make the rules of proceeding
in the Courts of the United States, rules which are laws of the
utmost importance to the individual's rights of life, liberty, property,
and therefore, the Supreme Court's making of these rules is a usurpation
of the legislative power, making the compulsive examination of the parties
as required by these rules, doubly unconstitutional. The full proof is
given in Part VII.
3. The Federal Rules of Evidence are unconstitutional,
Rules which permitted the Court in the Paula Jones Suit
to direct Mr. Clinton to answer Questions of "other Women,"
Facts about which were not in Issue in the Suit.
The District Court's order requiring Mr. Clinton to answer discovery
questions about his alleged relationships with "other women" is founded
on Rule 401 of the Federal Rules of Evidence, which were made and prescribed
by the United States Supreme Court. This rule allows as "relevant evidence"
any thing that merely tends to make more probable the "existence" of a
fact which is considered by the judge to be of consequence in the court's
determination of the suit, the fact spoken of being not necessarily the
fact at issue in the suit. In the Paula Jones suit the fact in issue
was: Did the defendant sexually harass the plaintiff? The theory of evidence
about "other women," which was judged by the Court to be "relevant" under
Rule 401, is that it may indicate a "pattern" of conduct that would tend
to make it more likely that the defendant Clinton had sexually harassed
the plaintiff Jones as alleged.
This Rule 401, and related rules of the Supreme Court's rules of evidence,
however, violates the tenor of the Constitution in regards to the
object of the Constitution, "to establish Justice," and the meaning of
the judicial power which Article III, Section 1 of the Constitution
vests in the Courts of the United States. For the courts of justice, by
the tenor of the Constitution, are to examine the truth of the fact
in issue in the action, and to admit evidence only to this point, according
to the leading maxim on legal evidence admissible at trial that
was the common law when the Constitution was made; the established definition
of trial being, the "examination of the matter of fact" in issue."
That leading maxim on legal evidence was laid down in Blackstone's
Commentaries
on the Laws of England, to wit:
The leading Maxim on legal Evidence (Blackstone).
"And, first, evidence signifies that which demonstrates, makes
clear, or ascertains the truth of the very fact or point in issue, either
on the one side or on the other; and no evidence ought to be admitted to
any other point." (III, Ch. 23, p. 367)
This is the proper rule of evidence in accordance with the Constitution
of the United States, the rule that was certainly intended by the people
who ordained and established the Constitution, to be demonstrated below.
The Rule 401 of the Federal Rules of Evidence, however, defines
evidence
as that which may be admissible as "relevant evidence." Its defining rule
is wholly different than the leading maxim of Blackstone's exposition.
The Rule 401 is as follows:
Rules 401 and 402 of
the Federal Rules of Evidence
Rule 401. Definition of "Relevant Evidence"
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
"All relevant evidence is admissible, except as otherwise provided by
the Constitution of the United States, by Act of Congress, by these rules,
or by other rules prescribed by the Supreme Court pursuant to statutory
authority. Evidence which is not relevant is not admissible."
Rule 401 is manifestly a fundamental departure from the leading maxim
on evidence as set forth in Blackstone's Commentaries. The
maxim given in Blackstone's Commentaries is strict; the Rule 401
is completely liberal and discretionary. In the Paula Jones suit,
evidence on Mr. Clinton's relations with "other women" could not make clear
or ascertain that Mr. Clinton, the defendant, had sexually harassed the
plaintiff, Ms. Jones, as she alleged, the fact which was in dispute in
the case; and so, evidence on the matter of "other women" would not be
admissible under the maxim given by Blackstone. But such evidence could
be "relevant" for discovery and admissible at trial, under Rule 401 of
the Federal Rules of Evidence, should the Judge in the Paula Jones
proceeding rule that such evidence is "relevant," or more specifically,
should the Judge decide that any facts of Mr. Clinton's sexual relations
with "other women" are of "consequence" in deciding the case.
Plainly, Rule 401 confers to the Judge discretionary power to
decide on relevancy of evidence for discovery and trial. That this Rule
401 is completely discretionary (without any bounds) is shown in the following
analysis. To aid in this analysis a chart for each rule is given in the
following pages.
The "leading maxim" on legal evidence as given by Blackstone was evidently
the intent of the makers of the Constitution, when they vested the "judicial
Power" in the Courts of the United States. The Constitution provides for
a "supreme Court," and "inferior Courts" to be "ordained and established"
by the Congress, and vests in these courts the "judicial Power," with the
object, "to establish Justice." We must then look to the definition of
"courts of justice," thedefinition of "judicial power," and the definition
of "justice," that were evidently understood and intended by the People
who ordained and established the Constitution. These definitions are laid
down in Blackstone's
Commentaries, that eminent treatise and exposition
of the British Constitution and the laws of England of that time. Said
Blackstone,
"A court is defined to be a place wherein justice is judicially administred." (III, Ch. 3)
"In every court there must be at least three constituent parts,
the actor, reus, and judex: the actor, or plaintiff,
who complains of an injury done; the reus, or defendant,
who is called upon to make satisfaction for it; and the judex or
judicial power, which is to examine the truth of the fact,
to determine the law arising upon that fact, and, if any injury
appears to have been done, to ascertain and by it's officers to apply the
remedy." (III, Ch. 3, p. 25)
Said Blackstone, the members of the jury, the tribunal of the
court sworn to examine and determine the truth of the very fact in issue,
namely, the fact of the injury complained of, are:
"separately sworn, well and truly to try the issue between the
parties, and a true verdict to give according to the evidence."
(III,
Ch. 23, p. 365)
(continue on page 9)
"Relevant Evidence," by Rule 401

![]()
Legal Evidence, by Blackstone's
Commentaries on the Laws of England
(Vol. III, Ch. 23, p. 367.)

The "constitution and frame" of this "tribunal," said Blackstone, is
"excellently contrived for the test and investigation of truth;
..." (III, 365) The legal evidence to a jury, said Blackstone, signifies
"that which demonstrates, makes clear, and ascertains the truth
of the very fact or point in issue, ... and no evidence ought to
be admitted to any other point." (III, Ch. 23, p. 367)But by Rule 401 of
the Supreme Court's prescribed rules of evidence, "evidence" which
could be given to the jury is not that which demonstrates, make
clear, and ascertains the truth of the very fact or point in issue in the
suit, but any testimony or other thing that merely tends
to make the existence (not the truth?) of some fact (not necessarily
the very fact in issue) more probable than not, which fact needs
only to be, in the mind of the judge who is to rule on the relevance of
the evidence for discovery, or to admit the evidence in the trial, of some
"consequence" to the determination of the suit; where "determination" here
means "termination." This Rule 401, thus, is not a restricted definition,
as is Blackstone's maxim, which restricts the evidence to that which demonstrates,
makes clear, or ascertains the truth of the very fact in issue; but rather,
Rule 401 os an arbitrary rule of unlimited liberality, a discretion power
vested in the court judge.
Observe also that the Supreme Court in making the rules of evidence
shied away from the truth, preferring instead to use the word "existence"
for a criterion of admissibility of evidence. The avoidance of truth
is significant. We all know what is meant by the "truth." But the "existence?"
It is another hedge word, plainly. Thus, Rule 401 allows the judgment of
the suit to rest on mere probabilities, as "more likely than not;" and
indeed, it rests on remote probabilities, as the "evidence" need
only tend to make the existence of a fact more likely than
not. And further, this remoteness of probabilities is compounded by the
other part of the rule that allows such evidence of such fact that is,
in the mind of the judge, merely of some consequence to the determination
of the suit.
Observe also that by the Rule 401 the object of the "relevant evidence"
as defined by the rule is the determination of the suit, not the
finding of the truth not to establish the truth of the very fact at issue
in the suit: not to find out the truth, but to terminate the suit,
that is, to determine the action, which is still another oppressive aspect
of the Supreme Court's decreed Rules of Evidence. So, the object of the
court's "determination of the action" is not to establish justice, as the
preamble of the Constitution requires, not to establish the truth and render
justice to the parties of the suit, but what ever is the private object
held by the judge of the court, and ultimately, the judges of the Supreme
Court. that private object may be assumed to be this: Always, first of
all, protect and sustain the interests of the United States Government,
irregardless of the Constitution.
Thus, Rule 401 gives the judge of the court the power to allow into
the proceedings of a suit any matters which the judge considers "relevant,"
instead of binding the judge to the leading maxim on legal evidence to
a jury which the People who ordained and established the Constitution certainly
intended by their delegation of the judicial power to the Courts
of the United States, namely, to admit only "that which demonstrates, make
clear, and ascertains the truth of the very fact or point in issue, either
on the one side or on the other."
Rule 401 must be read carefully. By this rule the fact, to which
the "relevant evidence" is to tend to make the existence of more likely
than not, is not necessarily the very fact in issue in the cause of action,
but any and all facts which the judge of the Court may consider as having
any or some "consequence" to the "determination of the action." That can
mean any matters of fact which the judge subjectively considers relevant
to the termination of the action. Such extraneous matters which do not
demonstrate, make clear, or ascertain the very fact in issue would cloud
the very fact in issue in the suit, and would corruptly influence the jury
to find not a true verdict, but a "verdict" grounded on probabilities,
and theories of suspicion, and even remote probabilities, matters, again,
which do not demonstrate, make clear, or ascertain the truth of the very
fact in issue in the suit. Evidence on extraneous matters could also create
confusion and doubts in the minds of the jurors, when the evidence on the
fact in issue makes clear the truth of that fact.
Plainly, Rule 401 violates the meaning of the judicial power
as the people who ordained and established the Constitution certainly intended,
by the definition of the judicial power that was established by Blackstone's
Commentaries
on the Laws of England, "to examine the true of the fact" of the "injury"
complained of, that is, plainly, the fact in issue, not other facts. Evidence
of other facts do not make clear or ascertain the very fact in issue.
Moreover, by the Rule 401, "evidence" is "relevant" which merely tends
to make the existence (not even the truth) of such facts "of consequence"
more likely than not. So, the "existence" of the facts need not even be
more likely than not, but having only a tendency of being
more likely than not. Thus, the Rule 401 is a rule of remote probabilities.
In this regard, we ought to consult again Blackstone's Commentaries.
Said that learned author about evidence laid before a grand jury in a criminal
prosecution,
"This grand jury ... are only to hear evidence on behalf of the prosecution:
for the finding of an indictment is only the nature of an enquiry or accusation,
which is afterwards to be tried and determined; and the grand jury are
only to enquire upon their oaths, whether there be sufficient cause to
call upon the a party to answer it. A grand jury however ought to be
thoroughly persuaded of the truth of an indictment, so far as their evidence
goes; and not to rest satisfied merely with remote probabilities: a doctrine
, that might be applied to very oppressive purposes." (IV, Ch. 23,
p. 300)
Plainly, therefore, Rule 401, and the related rules of evidence, are
utter nonsense, and more, they are tyrannically dangerous, a total discretionary
power in the hands of the judge to admit (and exclude) any matters he or
she chooses, and steer the jury according to his or her bent, and also
a license for a party of the suit to depose the other on whatever the judge
allows, again, according to the bent of the judge and the secret motives
and conspiracies of the party or his or her attorneys.
Hence, the Supreme Court's decreed Rules of Evidence and Rules of Procedure,
allowed the District Court to compel Mr. Clinton to answer questions about
any "sexual relations" with "other women" that he may have had, despite
the facts that the essential fact alleged in the Paula Jones complaint,
and in issue in the suit, was that Mr. Clinton made an "abhorrent" sexual
advance to the plaintiff, and that she suffered job-wise for her
rejecting that advance, thereby claiming a sexual harassment caused by
Mr. Clinton. Surely, evidence about any "sexual relations" with other
women which Mr. Clinton may or may not have had, could not demonstrate,
make clear, and ascertain the truth of the alleged fact in issue in the
Paula Jones litigation, namely, that the defendant had sexually
harassed the plaintiff to her employment detriment. Yet, the Rule
401, together with Rule 26 of the Supreme Court's-decreed Federal Rules
of Civil Procedure, allow a defendant to be deposed on, and compelled
to answer, virtually any questions of his life, activities, possessions,
relationships anything! and then later be found guilty on mere suspicion,
or remote probabilities, of wrong doing. The leading maxim on evidence
which Blackstone laid down, and which is the evident tenor of the Constitution,
having been ordained and established with the aid of Blackstone's
Commentaries
on the Laws of England, would plainly disallow such questions in discovery
in the Paula Jones proceedings, as questions about "sexual relations
with other women."
The Blackstone law on evidence is that which the Constitution requires,
by plain deduction. For the Article III grant of the "judicial Power" to
the "Courts" of the United States can only mean that which the people who
ordained and established the Constitution understood the judicial power
as possessed by courts of justice to mean. And that meaning, again,
is that which was laid down in Blackstone's Commentaries:
"In every court there must be at least three constituent parts,
the
actor, reus, and judex: the actor, or plaintiff,
who complains of an
injury done; the reus, or defendant,
who is called upon to make satisfaction for it; and the judex or
judicial power, which is to examine the truth of the fact,
to determine the law arising upon that fact, and, if any injury
appears to have been done, to ascertain and by it's officers to apply the
remedy." (III, Ch. 3, p. 25)
The "fact" in this definition is plainly that, and can only be that,
which is given in context, namely, the fact of the "injury" which
the plaintiff "complains of", which becomes in issue when denied by the
defendant, that is, "the very fact or point in issue," from Blackstone's
"leading maxim" on evidence. Thus, the
judicial power is
to examine the fact in issue, not to inquire into other facts and judge
a controversy on the basis of such other facts, as upon a theory of probability
(such as a pattern of conduct theory), or whatever the judge considers,
whether at the suggestion of a party or not, to be of consequence in the
determination (or termination) of the suit, or worse still, on the basis
of evidence merely tending to make the "existence" of such facts
more likely than not, as Rule 401 permits.
To be sure, Article I, Section 8 of the Constitution vests in the Congress
the legislative power in conjunction with Congress's enumerated
powers, as to lay and collect taxes, to raise and support armies, &c.,
"To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers
vested by this Constitution in the Government of the United States, or
in any Department or Officer thereof."
The powers vested by this Constitution in the Government of the United
States includes by Article III the "judicial Power," which is vested in
the Supreme Court and the inferior Courts which Congress may ordain and
establish. At first glance, one might casually suppose that this legislative
power of Article I, Section 8, allows Congress to make the laws on evidence,
hence perhaps a law which is less exacting than the law on legal evidence
this is laid down, or expounded, by Blackstone, and even as completely
liberal or arbitrary as the Rule 401 made by the Supreme Court. However,
no such discretion power is granted to the Congress; for the laws
which the Congress shall have power to make shall be both necessary
and proper, a mandate from the People by the command language shall.
A proper law on evidence can only be that which the people understood
to be proper when granting the "judicial Power" to the Supreme Court and
the inferior Courts which the Congress is authorized to ordain and establish.
The law making power of the Constitution, thus, in relations to
the courts of justice, is for making laws necessary and proper for
carrying into execution the judicial power as the people intended
the "judicial power" and "courts of justice" to mean, not laws that re-define
the "judicial power" and "courts of justice," or what is meant by the object
of the Constitution, "to establish Justice."
Therefore, it is necessary, in order to support the Constitution,
to restrict the making of any laws on evidence in the proceedings of the
Courts so as to conform to the definition of the judicial power
and courts of justice which was established when the Constitution
was made; namely, that a court being vested with the judicial power is
to examine the fact of the injury complained of, not other facts. Blackstone's
Commentaries on the Laws of England provide for us that proper definition;
as it is plain, upon comparing Blackstone with our Constitution, that Blackstone's
four volume treatise was used as the primary basis for composing the Constitution,
including the first ten Amendments. As in the case of the Constitution
of the United States, which was carefully formed and composed, Blackstone's
Commentaries is very evidently a precise scientific treatise, not
a casual and careless composition.
Moreover, the statute enacted by the Congress which gave the Supreme
Court the power to make the "rules" of evidence, and the "rules" of procedure,
both civil and criminal, violate the Constitution, since such "rules" are
laws; and by the Constitution, Article I,Section 1, the legislative
powers shall be vested in the Congress, not in the Supreme Court;
and therefore, the legislative power to make the rules of evidence
and rules of proceeding are not to be transferred to the Supreme
Court without a manifest violation of the Constitution. The
rules of
evidence and the rules of procedure are plainly laws,
and laws of the utmost gravity. The Supreme Court-decreed rules
are not about the regular business hours of the courts, and other such
mundane matters, but about what constitutes evidence: about compulsory
depositions of parties: about abolishing the distinction between suits
at law and suits in equity: about the Courts appointing whatever person
they want to execute their writs, thereby usurping again the executive
power of the Government: about denying the plaintiff the right to reply
to the defendant's answer to the plaintiff's declaration of his case: about
abolishing demurrers and pleas: about allowing contrived "defenses" that
result in quashing the complaint without the Court hearing and determining
the complaint: about dispensing with the trial by jury; and other
such weighty rules that are now parts of the present Federal Rules of Evidence
and Federal Rules of Civil Procedure. The Constitution, Article I, Sections
1 and 8, directs that only the Congress is vested with the power to make
the laws which shall be necessary and proper for carrying into execution
the judicial power, and this law making power plainly embraces laws defining
legal evidence, the mode of proof, as by compulsive examination
of the parties upon their oaths, the mode of trial, and the mode of relief.
In his discussion of the laws on evidence to be admitted to a
jury, that is, "what is, or is not, legal evidence to a jury,"
Blackstone refers to a treatise for further study, titled "Introduction
to the law nisi prius," where the expression
nisi prius
signifies a court which is held "to try by jury of the respective counties
the truth of such matters of fact as are then under dispute in the Courts
of Westminster." (III, Ch. 4, p. 57. In this quote, the word "matters"
is used to denote a number of different cases to be heard and determined.)
The word "legal" in "legal evidence" means the general definition
of evidence established
by law, not merely by a rule made by a court.
Elsewhere in his Commentaries, when mentioning that the courts of
law, as distinguished from courts of equity, are barred from compelling
a party in a suit to submit to examination, Blackstone uses the words,
"the judges [of a court of law] ... should be bound
by law to reject
a [this] species of evidence." (III, Ch. 23, p. 382) Thus again,
rules of evidence are laws, part of the common law of England.
A law, defined by Blackstone, is a rule of civil conduct prescribed
by the "supreme power" of the state, by which he defined as the legislative
power. The duty of the Court is "to determine the law" arising upon
the fact in issue in a case, not to make laws (III, Ch. 3, page
25). Blackstone said in another place, under the laws of England, the judge
"is only to declare and pronounce, not to make or
new-model, the law." (III, Ch. 22, p. 327) Also, Blackstone does
not use such expressions as "admissible evidence," or "relevant evidence,"
as are the expressions used in the Supreme Court-decreed rules of evidence
to signify a discretion power of a judge to admit (or exclude) what evidence
he (or she) thinks is relevant or admissible.
Therefore, the statute which authorized the Supreme Court to make rules
of evidence, and rules of procedure, but which rules are properly speaking,
laws,
violates the Constitution, by giving over to the Supreme Court a legislative
power which the Constitution expressly directs shall be vested in the Congress,
not in any other department of the Government. Consequently, the Federal
Rules of Evidence and the Federal Rules of Civil Procedure re unconstitutional
on this point as well.
Furthermore, even had the Congress made the existing Federal Rules of
Evidence, and the existing Federal Rules of Civil Procedure, such laws
would not be proper. For one thing, they would violate the distinction
between cases in law and cases in equity that is mandated by the Constitution,
as in the compulsory discovery on the oaths of the parties in suits in
equity, but which is not allowed in suits at law. For another thing, they
would derogate the signification of legal evidence from that high
standard which was deemed proper at the time of the making of the Constitution,
namely, evidence "which demonstrates, make clear, or ascertains the truth
of the very fact or point in issue, either on the one side or on the other;
and no evidence ought to be admitted to any other point," in order to administer
and establish justice, to such an arbitrary and oppressive low, as evidence
of the existence of any fact considered by the judge to be of some consequence
to the determination of the suit, and which evidence that merely tends
to make the existence of that fact more likely than not; where the
fact just spoken of need not necessarily be the very fact alleged as the
cause of action, so as to give the judge to admit (or even exclude) virtually
any matters of facts, and evidence of such, as the judge wants. This derogation
violates the tenor of the Constitution, the intended meaning of the judicial
power which the Constitution vests in the Courts of the United States.
Again, the Constitution directs that the laws which the Congress shall
have the power to make "shall be necessary and proper" for
carrying into execution the powers vested by the Constitution in the Government,
which include the judicial power. We are obliged, therefore, to make a
truthful investigation of what the People who ordained and established
the Constitution intended as to what would be proper laws prescribing the
rules of evidence and the rules of proceeding in the Courts
of the United States.
Therefore, upon the foregoing considerations, the Supreme Court enacted
rules of evidence upon which the District Court ordered "relevant" the
questioning of Mr. Clinton in the Paula Jones proceedings, conducted
by the plaintiff's attorneys with the Judge taking part, about any "sexual
relations" with "other women" that he, Mr. Clinton, may have had, are unconstitutional.
Therefore, the order of the District Court in the Paula Jones suit
compelling Mr. Clinton to answer those questions was illegal, founded on
violations of the Constitution pertaining to (a) what constitutes legal
evidence according to the evident tenor of the Constitution, (b) the mandated
distinction in the Constitution between cases in law and cases in equity
(compulsive examination of the defendant in the latter), and (c) which
department is vested by the Constitution with the legislative powers.
4. Judge Wright's Order requiring Mr. Clinton
to submit to a Deposition and answer Questions
about "other Women," while deferring a Ruling
on whether such Evidence will be admissible at Trial,
is a further Nonsense, as well as unconstitutional,
and is indicative of oppressive Behavior of the Courts.
Judge Wright's order in the District Court proceedings in Paula Jones compelling President Clinton to answer discovery questions about any sexual relationships with "other women," while deferring a decision until a later time on whether or not the "evidence" that would be obtained by the compulsive examination of Mr. Clinton will be admitted at trial, is plainly nonsense, and yet, this nonsense is allowed by the Supreme Court-enacted Rules of Evidence and Rules of Procedure, specifically, Rule 26(b) of the Federal Rules of Civil Procedure, which prescribes the "scope of discovery," and Rule 402 and 403 on the admissibility of "relevant evidence." Rule 26(b):
"Parties may obtain discovery regarding any matter, not privileged,
which is relevant to the subject matter involved in the pending action,
..."
From the Supreme Court's Rules of Evidence:
Rule 402: "All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority."
Rule 403: "Although relevant, evidence may be excluded if its probative
value is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury, or by considerations of
undue delay, waste of time, or needless presentation of cumulative evidence."
As one can see, these rules permitted (but unconstitutionally) the District
Court's order in the Paula Jones suit that Mr. Clinton submit to
a compulsory deposition and answer questions of "sexual relationships with
other women;" even though the judge could later in the proceeding, by the
same rules, exclude that "relevant" evidence about "other women"
from the jury trial for practically any reason that the judge may choose
or decide upon, if it may be "misleading" to the jury, or "a waste of time,"
or "needless" cumulation of evidence, or "confusion of the issues." If
the defendant denied under oath of having any sexual relationships with
other women, should that not then be "relevant evidence" for the jury by
the Rule 401, just as it would be "relevant evidence" if defendant admitted
of having sexual relations with other women? By deferring until a later
time a decision whether the "relevant" evidence obtained by the deposition
may be excluded from the jury trial, proves that the Supreme Court's criterion
for admissibility of the evidence is whether or not the judge (and ultimately
the Supreme Court) likes the answers, a patent partiality, but which is
allowed by the unconstitutional rules of evidence.
Such nonsense of Rule 402 and 403 is plainly oppressive and tyrannical.
Observe also that Rule 403 allowed Judge Wright in Paula Jones to
form her judgment of the admissibility at trial of the evidence of Mr.
Clinton's deposition testimony on the basis prejudice, hence, possibly,
prejudice against Mr. Clinton, that is, an oppressive partiality in the
Judge's administration of the suit against Mr. Clinton, allowing her to
exclude "relevant evidence" about any "other women" sexual relations only
if its "probative value" is substantially outweighed by the danger of unfair
prejudice. So, the compulsive examination of Mr. Clinton can be prejudicial,
in other words, a partiality against a defendant (Clinton), and even an
unfair prejudice (a compounding of prejudice); but it can still
be allowed, by the Supreme Court-decreed rules of evidence, as long as
the "probative" value of the "relevant" evidence (defined by the rules
as that "evidence" which may only tend to make the existence, not the truth
of, a fact having some "consequence" in the mind of the Judge in the determination
of the suit, more likely than not) outweighs the Judge's administered
unfair prejudice against Mr. Clinton. The common law of England by Blackstone
was that such behavior by any judge, or any other officer of the government,
is
criminal, an offense of oppression, the tyrannical partiality
of a judge, a charge to be levelled also at the Supreme Court's judges
who made those rules of evidence, and who have sustained them, and the
members of Congress who authorized the Supreme Court to make whatever rules
the Supreme Court pleases.
5. Presumption of tyrannical Partiality
of the Judges of the District Court,
the Appeals Court, and the Supreme Court
in the Matter of the Paula Jones Suit.
It is plain, therefore, that Judge Wright in the District Court, prepared
by the Supreme Court's illegal, unconstitutional oppressive order that
Mr. Clinton submit to the Paula Jones suit, reinforced by the unconstitutional
force of coercion assumed by the Courts (ever present in the background)
by the unconstitutional Supreme Court's marshal, an armed officer
who is appointed, and removed, solely by the Supreme Court, as authorized
by an unconstitutional statute, who is wholly subordinate to the Supreme
Court, being duty bound to execute all orders of the Supreme Court, and
whose statutory duty it was, therefore, to enforce the Supreme Court's
order against the President of the United States, had illegally set
up the President, Mr. Clinton, to be deposed on matters about his relationships
with "other women" matters which could not make clear, nor demonstrate,
nor ascertain, the fact alleged by plaintiff Jones as her cause of action
that defendant Clinton sexually harassed HER, and which was the
fact in issue of the suit, and interrogatories which were therefore
prejudicial
to Mr. Clinton, being probes into his deepest private life of utmost embarrassment
to himself, and potentially embarrassing to his family, friends, and associates.
This court administered set-up laid a snare for perjury (temptations
not to tell the whole truth), without evidently the least intention
of the Court to administer a trial by jury, as was demanded by at least
one of the parties (evidently by Jones, judging from her public statements).
thus corruptly using the Paula Jones suit to create an opportune
and contrived judicial proceeding for producing by illegal compulsion,
and illegal rules of evidence, a bountiful supply of testimony from Mr.
Clinton to be mined and gleaned for perjuries of not answering questions
positively or fully by an illegal office of "independent counsel," unconstitutionally
created for the criminal investigation and prosecution of the President
and other high officers of the United States, and then dismissing the Paula
Jones suit after Mr. Clinton's deposition was secured, the deposition
of Mr. Clinton thus being the evident object of the support of the suit
by those intermeddling in the suit with money, witnesses, and ideas for
prosecuting the suit, including evidently an intermeddling by the Independent
Counsel.
Such corrupt intentions ought to be presumed, inasmuch as the unconstitutional
rules of evidence and rules of procedure decreed by the Supreme Court,
rules which are plainly arbitrary and tyrannical, allow such intentions
to be executed as perfectly "legal," and were the rules upon which the
Courts have based their decisions in the case; and inasmuch as the Independent
Counsel statute authorizes the independent counsel to "engage" in any civil
suit as he considers necessary, which statute thus "authorized" the independent
counsel to involve himself and his appointed deputies in the Paula Jones
suit in any manner he pleases, as by private advices and dealings with
the plaintiff's attorneys.
The fact issue in Jones v. Clinton was evidently, did the defendant
sexually harass the plaintiff? Did the plaintiff Paula Jones suffer an
ordeal of an unwelcomed, uninvited, and indecent sexual advance by the
defendant in a hotel room with consequential emotional distress and marital
difficulties, and also adverse consequences for her employment because
of her rejection of the alleged advances for which the defendant was the
cause? Such were the facts in issue in the case. The question then arises.
Could information on whether or not the defendant had sexual relations
with other women, and at other times and other places, be evidence that
would demonstrate, make clear, or ascertain, that the defendant had sexually
harassed the plaintiff as charged? Plainly not. Such information may have
been "relevant" in the mind of Judge Wright, resting on the Rule 401 of
the unconstitutional Rules of Evidence, in that the behavior of Mr. Clinton
in relation to "other women" may be of some consequence (again in the mind
of Judge Wright) in the determination of the civil suit, and that the deposition
testimony could tend to make more probable than not the possibility
that the defendant Clinton had "sexual relations" with other women;
but such information would not demonstrate, nor make clear or certain,
that defendant Clinton had sexually harassed plaintiff Jones.
And the information would not be legal evidence under the Constitution
of the United States, apart from the fact that it was illegally obtained,
by the method of compulsive examination of a party to a civil suit, in
violation of the distinction in the Constitution between cases in law and
cases in equity, as before discussed, because the Supreme Court's Rules
of Evidence were made unconstitutionally (usurpation of legislative power),
and could not be properly admitted as evidence; for it would be no evidence
at all of the truth of fact of sexual harassment of the plaintiff, no evidence
that demonstrates, makes clear, or ascertains the truth of the fact in
issue in the case.
Furthermore, on the basis of Judge Wright's account of the facts as
alleged by the plaintiff Jones, it appears doubtful that there was committed
a wrong doing as charged. For by the judge's account, the plaintiff Jones
(a woman) had entered alone a hotel room in which the defendant (a man)
was allegedly present alone, and then engaged in "small talk" with the
defendant for a "few minutes." Being alone with this man and find herself
engaged in "small talk" for a "few minutes" ought to have been a sign of
a personal sexual interest in the plaintiff (by sexual is meant, a man/woman
interest), not a governor/state employee business interest, as the account
has not Mr. Clinton promptly announcing official business matters, like
asking the plaintiff would she be interested in a new employment position,
or performing a special task. The judge's account goes on that Mr. Clinton
allegedly took plaintiff's hand and drew her close (a sexual advance);
whereupon she drew back and discussed personal matters, as about his wife,
and then she "sat on a sofa." At that point, according to the judge's account,
the defendant Clinton allegedly made a second sexual advance, which the
plaintiff characterized as "abhorrent," in response to which she rose from
the sofa, and left the room after an excited discussion. By this account
of Judge Wright, it appears doubtful that the alleged second sexual advance,
if it in fact occurred, was not invited to some degree. For when the first
advance happened, by the alleged account, the plaintiff ought to have realized
for certain that the defendant's interest was sexual (man/woman), and if
she wanted no involvement, she ought to have immediately left the room,
instead of sitting on a sofa, so as not to encourage a further, potentially
more bold expression of sexual feelings for the plaintiff, as allegedly
occurred, and with it a further embarrassment on both sides.
Therefore, the facts alleged by the plaintiff in the Paula Jones
suit, according to Judge Wright's account, which plainly indicate a doubtful
cause of action, gave all the more reason why the District Court (and the
Supreme Court) ought to have yielded to Mr. Clinton's reasonable motion
to dismiss the suit without prejudice to the plaintiff, permitting her
to re-file the complaint, or just stay the suit, until he leaves the office
of President of the United States, in order to respect and support the
Constitution, particularly, the Article II, Section 3 directive that the
President "shall take Care that the Laws be faithfully executed," and the
President's oath "to the best of his Ability, to preserve, protect and
defend the Constitution of the United States," when considering the obvious
enormous responsibilities of the President of the United States under the
Constitution, as the holder of the executive Power of the Government.
For the suit did not charge Mr. Clinton committing any violations of the
laws of the United States or the Constitution during his terms as President.
6. The Supreme Court with its Marshal
coerced the President.
The unconstitutional office of Marshal of the Supreme Court has illegally
coerced Mr. Clinton to comply with the Supreme Court's order to stand the
Paula
Jones suit, and consequently to submit to examination and questions
of "other women" in the District Court's ordered deposition, or face a
criminal contempt citation, arrest by the Supreme Court's marshal ultimately,
prosecution by the unconstitutional independent counsel, summary judgment,
conviction and imprisonment (removal from office), all under the unconstitutional
independent counsel statute.
7. The Question of the Jurisdiction
of the federal Courts to have Cognizance
of the Paula Jones Suit.
Finally, for completeness sake, the question of the authority of the
federal Courts to take or accept jurisdiction of the Paula Jones
suit ought to be addressed. Undoubtedly, the jurisdiction was assumed by
the United States Courts on the basis of sections 1983 and 1985 of the
United States Code, as the plaintiff founded its suit on the basis of these
two sections of the federal laws, as well as the laws of the state of Arkansas.
This author disputes such a claim of federal jurisdiction; but it is not
necessary here to delve into that matter of jurisprudence, as the Paula
Jones suit is a case which plainly arises under the Constitution of
the United States (Article III, Section 2), inasmuch as the suit makes
the President of the United States the defendant, and, thereby, involves
the rights and duties of the President under the Constitution, requiring
judicial decisions on dilatory pleas founded on the Constitution, as well
decisions pertaining to process, including execution of judgment, and so
forth.