THOUGHT FOR THE DAY
13 January 2004

The Showdown Between
Constitutionalists and Traitors
(historical document of sorts)

By W. Vaughn Ellsworth

Socialism is the antithesis and mortal enemy of limited, Constitutional government. Socialism means total government, unlimited government, with the destruction of all restraints except the standards, or lack of standards, of the ruling clique. All perpetrated, of course, for the "good of the people."

The Constitution defines "treason" as follows:

Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.

The Constitution limits the conviction for treason to:

No person shall be convicted of treason, unless on the testimony of two witnesses to the same event act, or on the confession in open court.

It is impossible to have a socialistic, or welfare state, where the production and distribution of goods is controlled by government, without invading the inherent and inalienable rights of privacy, due process, ability to be left alone unless in violation of another's rights, and so forth.

Communism and its twin sister, Socialism, are the enemies of the separation of powers, of the checks and balances, of the republican form of government set up by the wise men who established the Constitution of the United States.

It follows that Communists and Socialists are enemies of the United States, and of its Constitution. Their philosophy of government cannot be established without destruction of the safeguards of individual rights protected by the Constitution.

It also follows, then, that the majority of "constituted authorities" of local, state and federal government, who are fostering "revenue sharing," "regional government," and other miscarriages of government, are "aiding and abetting," and giving comfort to, the socialistic enemy.

Congressmen who have been voting for the ridiculous giveaway programs, and particularly those to Communist countries dedicated to our destruction, have committed their "treason" not before "two witnesses," but before the entire world.

There are some Criminals Statutes on the books, which, if patriots become more knowledgeable and courageous in the use thereof, can bring some of these traitors in public office to an accounting.

The Criminal Code of the United States is referred to as Title 18. Following are some of the statues, which under the right conditions, could be used against our oath-breaking socialists in government:

Section 2(a) Principals
Section 3 Accessory after the fact
Section 4 Misprision of felony
Section 241 Conspiracy against rights of citizens
Section 371 Conspiracy to commit offense or to defraud United States
Section 471 Obligations or securities of United States
Section 1001 Statements or entries generally
Section 1503 Influencing or injuring officer, juror or witness generally
Section 1621 Perjury generally
Section 2234 Authority exceeded in executing warrant
Section 2235 Search warrant procured maliciously
Section 2381 Treason
Section 2382 Misprision of treason
Section 2384 Seditious conspiracy
Section 3332 Powers and duties [of a Special Grand Jury]

Title 18 References with notes by Ellsworth
and GKO Editor, Albert Coggs:

Section 2. Principals (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. Section 3. Accessory after the fact Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Section 4. Misprison of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. --Anyone can see in the foregoing that if Socialism were recognized as the enemy which it really is, then most public officials would be punishable for siding and abetting it, or for keeping quiet about it and failing to report it.-- Section 241. Conspiracy against rights of citizens If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same... They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. --Notice that the above does not limit the conspiracy to those under the color of "state law, custom or usage."-- Section 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. --Here again, note that in this criminal sanction for the deprivation of Civil Rights there is not a limitation to "state law, etc." In other words, there is nothing in the wording of the statutes which excludes federal personnel from the penalties for the deprivation of rights.-- Section 371. Conspiracy to commit offense or to defraud United States If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. --Again, those who work together to implement socialism and the welfare state are actually conspiring to commit offenses against the United States. -- --When it comes to the field of "money" we can see that all of the officers of the Federal Reserve System are potential candidates for criminal charges:-- Section 471. Obligations or securities of United States Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. --Even though protected by legislation, the controllers of the privately owned Federal Reserve System have intended to defraud and counterfeit the bonafide securities of the United States. Several sections following 471 deal with the punishability of those who have helped make our national money counterfeit and worthless.-- Section 1001. Statements or entries generally [EDITOR'S NOTE: The original language of Section 1001 and that of today are somewhat different. For the sake of order in this regard, I will provide the text for both--the first being that of the original text when Ellsworth wrote this article. -Albert Coggs] "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by and trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shell be fined no more than $10,000 or imprisoned not more than five years, or both." [EDITOR'S NOTE: And now that of today's language, which has been altered in several ways, most of which would exempt at least the judicial and legislative branches of government, and quite possibly the executive as well. Perhaps a lawyer in our readership would be kind enough to anonymously lend an evaluation in this regard? Please send same to 123@tpromo.com, and thank you very much. -Albert Coggs, Editor] (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully - (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both. (b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to - (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. --Reflect, for a moment, on the status of a taxpayer who declares under penalties of perjury that he grossed a certain amount of dollars. If the taxpayer knows that a Federal Reserve Note is not a true Constitutional dollar then he has lied on an official document and is liable for prosecution.-- --Contemplate the judges who must know in their hearts that opinions they follow from higher courts are unconstitutional, and, who, nevertheless, give jury instructions based on such false and unconstitutional opinions. They would be prosecutable under the foregoing statute.-- [EDITOR'S NOTE: That may have been so in 1976, when this article was printed, but given the alterations to this section of Title 18, I'm not so sure that this is now an accurate statement. Perhaps an attorney in our readership might lend an anonymous hand in this regard? Please send same to 123@tpromo.com, and thank you so much. -Albert Coggs, Editor] Section 1503. Influencing or injuring officer, juror or witness generally [Ellsworth] Whoever corruptly ... endeavors to influence, intimidate, or impede any witness... or any grand or petit juror... in the discharge of his duty... shall be fined not more than $5,000 or imprisoned not more than five years, or both. [Today's code, 2004:] (a) Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (b) The punishment for an offense under this section is - (1) in the case of a killing, the punishment provided in sections 1111 and 1112; (2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than 20 years, a fine under this title, or both; and (3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both. [Ellsworth] It is the writer's conviction that every jury in the land is tempered with and falsely instructed by the judge when it is told it must accept as the law that which is given to them by the court, and that the jury can only decide the facts of the case. This is to destroy the purpose of a common law jury, and tdo permit the imposition of socialism upon a people, who otherwise would resist by their jurists' refusal to uphold constitutional law. Juries must again know their real power--that which they had at the commencement of this Republic--the power to refuse to implement any law which to them appears harsh or unconstitutional. Socialism would be dealt a death-blow if juries again realized that they could disregard all of the judge's orders to take a socialistic "law" and to punish a fellow-American under it when such "law" is nothing but a socialistic abortion of morality and justice. Section 1621 Perjury generally Whoever - (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States [Ellsworth] Do most public officials who take an oath to support the Constitution of the United States violate said oath? How many of them have read the Constitution since they were in the eighth grade? Violation of the oath of office is now so commonplace that one who would attempt to abide it would be considered strange. Section 2234 Authority exceeded in executing warrant Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year Section 2235 Search warrant procured maliciously Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year Section 2381 Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States [Ellsworth] Think how many millions of "public officials" are waging war on the United States and upon its Constitution by the subversive programs said officials are in the process of implimenting despite their oaths of office! Section 2382 Misprision of treason Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both [Ellsworth] Here again, if you know of treason, it is your duty to report it to a President, a Judge, a Governor or some other official who is probably guilty of treason himself, since this has become our national policy. Section 2384 Seditious conspiracy If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both [Ellsworth] To "hinder" or to "prevent" or to "delay" the execution of a law of the United States, or to do something contrary to the authority thereof, more than anything else refers to the highest or supreme law of the land--the Constitution itself. And our Constituted authorities in implementing the 'welfare-state' are doing just that--hindering, delaying and preventing government by the Constitution, "contrary to the authority thereof." Since government is "force," the constituted authorities, who rule that force, are actually engaged in the "rebellion or insurrection" outlawed in Section 2383 and are "advocating the overthrow of Government" which is a felony under Section 2385, and doing so "under the color of law." [EDITOR'S NOTE: For the sake of information on Section 2385, the publisher has elected to include this section, entitled "Advocating Overthrow of Government." --Albert Coggs, Editor] Sec. 2385. - Advocating overthrow of Government Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof - Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. As used in this section, the terms ''organizes'' and ''organize'', with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons Section 3332 Powers and duties [of a Special Grand Jury] (a) It shall be the duty of each such grand jury impaneled within any judicial district to inquire into offenses against the criminal laws of the United States alleged to have been committed within that district. Such alleged offenses may be brought to the attention of the grand jury by the court or by any attorney appearing on behalf of the United States for the presentation of evidence. Any such attorney receiving information concerning such an alleged offense from any other person shall, if requested by such other person, inform the grand jury of such alleged offense, the identity of such other person, and such attorney's action or recommendation. (b) Whenever the district court determines that the volume of business of the special grand jury exceeds the capacity of the grand jury to discharge its obligations, the district court may order an additional special grand jury for that district to be impaneled [Ellsworth] It is impressive to contemplate the great infinity of offenses against the criminal laws of the United States which citizens could demand that the Special Grand Juries probe into--crimes committed every day by our constituted authorities as they conspire and deprive citizens of their Constitutional rights. Let us look at a statute, No. 7214 of Title 26 of the US Code (the Internal Revenue Code, which patriots can also use to turn the law around on IRS personnel): Section 7214 - Offenses by officers and employees of the United States (a) Unlawful acts of revenue officers or agents Any officer or employee of the United States acting in connection with any revenue law of the United States - (1) who is guilty of any extortion or willful oppression under color of law; or (2) who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; or (3) who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment; or (4) who conspires or colludes with any other person to defraud the United States; or (5) who knowingly makes opportunity for any person to defraud the United States; or (6) who does or omits to do any act with intent to enable any other person to defraud the United States; or (7) who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement; or (8) who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the United States under any revenue law, fails to report, in writing, such knowledge or information to the Secretary; or (9) who demands, or accepts, or attempts to collect, directly or indirectly as payment or gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized by law so to do; shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both…. [Ellsworth] Patriots and Constitutionalists have laws to work with. Admitedly, US Attorneys are going to drag their feet and be lath to bring charges against their fellow bureaucrats, but in refusing to do so they become liable for suuits themselves. We need tens of thousands of freedom-lovers attempting to bring charges against "constituted authorities" who break the law as they impliment their socialistic programs. If the government refuses to accept and presecute criminal charges, then we need to sue prosecutors and judges, along with the bureaucrats, in civil rights suits which only cost $15 to file. "Constituted authorities" who are traitors must be smoked out. -30-

SOURCES

1. Ellsworth's Article: The American Mercury, Spring 1976
   
2. Title 18 Language: Legal Information Institute @ http://www4.law.cornell.edu/uscode/

THE AUTHOR: Contributing Editor W. Vaughn Ellsworth is a long-time tax resister. After a seven-year effort by the IRS Ellsworth was recently convicted by an Arizona federal judge for refusing to pay. He based his defense on unconstitutional Federal Reserve money. The judge ducked the issues and refused to rule on this fact. The conviction is being appealed.

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