The individuals pictured below have not yet been charged with any crime or otherwise called to account for their constitutional misconduct. For now, no one currently in authority seems to care about their efforts to defame an entire religion, tear children from the arms of their parents in the dead of night on the basis of a hoax call, turn courts and judges into police collaborators, or play cynical procedural games to aid a state government in its effort to drive out a religious minority.
The graphics below illustrate but one thread in a nationwide tapestry of judicial distortion and deception the object of which is to fundamentally alter the essence of the American family by forcibly inserting the state into private homes.
The Trojan horse is “child abuse and neglect,” concepts that can be quickly adapted to attack any undesirable political or religious minority. The judicial power behind the horse is a pet project of Childress, O’Neill, and Hamilton called therapeutic justice, a big favorite of CPS activists that has insinuated itself into the U.S. over the past few years. It is Stalinist in origin. As such, it has no place in a constitutional democracy that relies on checks and balances to control government power.
Below are the Certificate of Service Charles G. Childress signed on July 24, 2008. It accompanied two requests, a motion and notice that Childress had taken over as “Attorney in Charge” of the CPS case. While it “certifies” that copies of these documents were “delivered to relevant individuals and attorneys,” as a practical matter they were not delivered until after Judge Walther ruled.
A witness at the court has indicated that these documents were personally delivered to Walther at the Court in San Angelo, on Thursday, at approximately 11:00 a.m. A few moments later, they were stamped received. (see vertical stamp, above left), just as Senator Reid’s one-sided Senate Judiciary hearing was winding down in Washington. Childress knew or should have known that no one would be watching in San Angelo at the time the papers were delivered to Walther.
Later that same day — roughly a day before any parent or child attorney in the case knew of Childress’ filing — Judge Walther signed the order just as requested by Childress. She “stayed” discovery in the case, effectively suspending the entire FLDS community under the CPS microscope despite the apparent absence of probable cause for all but a handful of individuals. Note well that this “stay” only applies to FLDS and AALs’ efforts to get information from the State. The State, meanwhile, can continue to sift through the mountain of material it confiscated from the YFZ Ranch in April.
Here is Walther’s signature:
Childress could rest easy that his filing would go unnoticed as long as possible. The electronic release of both Childress’ filing and her order occurred at 12:06 and 12:03 p.m., respectively, on Friday, July 25th (see horizontal time stamps above left and right) — the day after Walther signed the order.
The electronic documents didn’t arrive in attorneys’ e-mail boxes until roughly 3 pm Friday. But since the motion and order were signed simultaneously, in practical terms this was a deal done without notice. In this sense, Childress’ Certificate of Service was misleading in the same way that a corporate disclosure published after executing an inside stock trade is misleading. Once the inside deal is done, the information no longer has value.
As the man who trained (at least some of) the kids’ AALs back in April, Childress is the consummate insider — privy to pretty much whatever those AALs are thinking because he filled their heads with much of what’s there.
Readers will make of this information what they will. I take it as yet more evidence of Judge Walther’s continuing inability to rule impartially in this case. I think Walther began with a grandiose agenda beyond her constitutional and statutory powers and her own intellectual attainments. And she is now so completely invested in a negative outcome for the FLDS that she should be removed from the case.
More about Marci Hamilton and her threat to American families and religions should be apparent from the video below. Hamilton pushes a strong anti-religion, pro-CPS agenda. She sees religion — and, like any good marxist, families — as child abuse enablers. Hamilton submitted written testimony, on Thursday, to the Senate Judiciary Committee. In it, she advocates sweeping increases in governmental power to investigate and prosecute “child abuse and neglect.” As if they needed more power.
In her blog post and written testimony, Hamilton repeats the same evidentiary lies and constitutional errors she has made from the beginning of the FLDS controversy: assuming that a one-sided “hearing” or news report can produce a fair picture of any controversy and imputing to an entire religious group misconduct that has, in fact, been alleged against only a few individuals.
Hamilton’s proclivity for bigoted stereotyping is deeply troubling in an individual who occupies an endowed chair at a leading U.S. law school. Like Natalie Malonis, Hamilton craves the spotlight and wants to be seen as an expert despite poor reasoning skills and apparent inability to read and understand the Constitution.
{ 15 comments… read them below or add one }
Doran Williams 07.26.08 at 4:46 pm
Kurt, you are doing an excellent job on this. I get so damned angry that I am unable to write or speak in the carefully measured and calm tones that you are able to attain. Please keep doing this.
I was going to remonstrate with you last week or so, when you suggested that Harriet O’Neill was pushing Marxist ideas. My impression of Judge O’Neill, based on personal contacts with some of her acquaintances as well as her judicial conduct, was that she was not intelligent enough to be a Marxist; that reading the works of Marx would probably put her to sleep. But maybe I’m wrong. You make a good case for the Marxist and Stalinist influence amongst the child abuse industry people. I hope you will keep this up to date and pertinent. It may be their weak spot.
Kurt Schulzke 07.26.08 at 5:10 pm
Doran –
Thanks. And thanks for your input on the legal process in Texas. I’m not sure that O’Neill is consciously a Marxist. Functionally, she’s definitely moved the Texas Supreme Court in that direction.
Good people can get involved in or be co-opted by schemes way beyond their imagination. The banality of evil. But they have to abandon their core principles to let it happen.
It’s happened numerous times in recent history — good Germans co-opted by Hitler, good Chinese co-opted by Mao, good Cubans co-opted by Castro. At some point, they usually wake up and realize they’ve been had. But it’s often too late at that point to recover.
K
jj - a desert critter 07.26.08 at 6:21 pm
Is this Marci’s RELIGION? Most people LIVE their religion, even though they profess something different. I took just a few hours and the nation that was here just - disintegrated! except for about 2500 souls, so says the record. I think we are heading for the climax Marci!
The question is - Am I pure and clean enough to survive? I think not - without God, and His religion.
April 38 07.26.08 at 10:00 pm
The point at which it would NOT have been too late to recognize the Marxist/Nazi nature of the above named Mao, Hitler and Castro (along with more conspicuously Marxists Lenin and Stalin) was before they came to power. Such realizations after an election are staggeringly expensive.
Those who fail to learn the lessons of history are condemned to repeat them. Would that Americans look carefully at what and who are now on their ballots for November.
Jeny 07.26.08 at 11:39 pm
Mr. Schulske,
Your postings are nothing short of impressive, and I am gratified to know that there members of the legal profession such as yourself looking out for Americans and guarding our precious rights against government abuse which were enshrined so many years ago by wise men who sought to escape religious persection and abuse of rights by government in their native lands.
For years, I have had a poor perception of lawyers as people who were not interested in doing what was right–and legal–but who were more interested in following the good ole boy way of doing things, making a (big and quick) buck, and sticking together no matter what.
In general, I have seen lawyers stick together. They will not sue one of their own–no matter how badly one of their own has mistreated a client, or failed in their representation of the client or the damage they have caused their client in failing to properly represent them. Don’t believe me? Try finding a lawyer who will take on a legal malpractice case against another lawyer. You’ll be looking a long time–if you ever find anyone to take your case.
And there there is you—you are exposing things, people and behaviors in the legal profession that most lawyers would be content to ignore and deny exist in the first place. I can’t help but wonder what the net effect of your blogging on the FLDS case will be on you and your career?
Will you end up black-balled among other lawyers? Will you face harsh consequences for exposing the truth? Are you placing yourself (and family) in any kind of jeopardy for stepping up to the plate and fighting for truth and the rights of all Americans?
I worry about this…..can’t help it. I’m a Mom. That’s what we do best–worry.
Yours truly,
Jeny
Jeny 07.27.08 at 12:59 pm
Mr. Schulzke,
I meant not offense with my questions above. They are truly sincere and heartfelt. I find it very difficult to fathom that you are sticking our neck out like this and that there won’t be any repercussions for you in the legal community.
Although I am VERY VERY grateful that you are expose the fraud and unconsititional behavior in the Texas legal system, I am genuinely concerned that this blog is going to cause you harm in some way.
Again, I mean no offense. I have included my actual e-mail address, rather than my yahoo address if you have the time and inclination to contact me offline.
Best to you. Keep up the awesome work!
Jeny
kbp 07.27.08 at 3:10 pm
Lesson learned?
I’m sensing the tool to use for cover if one violates the rights of others is evidently to violate more, or redictate the laws.
Before you know, if more do not peak inside to see what’s going on, the pigs will be sleeping in those Texas beds.
Kurt Schulzke 07.27.08 at 3:43 pm
Jeny –
No offense taken. Your concern is touching. I take my my lead from John Adams who, in closing his defense of the British soldiers accused of murder in the 1770 Boston massacre declared:
“I am for the prisoners at the bar, and shall apologize for it only in the words of the Marquis Beccaria: ‘If I can but be the instrument of preserving one [family], [their] blessings and tears of transport, shall be a sufficient consolation to me, for the contempt of all mankind.’ ”
Lawyers get in each others’ faces all the time. In this case, however, the lawyers about whom I’ve commented have voluntarily made themselves political figures and thus fair game for wide open political as well as legal commentary.
Knowing what I know about how the Constitution is supposed to work, I would be both a coward and fool not to call ‘em as I sees ‘em. But I am not alone. There are others equally committed or more so to seeing justice done not only in the Texas CPS case, but in smaller similar CPS cases across the country. It’s a huge mess that has taken years to develop. Like the war on terror, it’s going to take a while to clean up.
Meek silence in the face of tyranny produced Stalin, Hitler, Castro, and Mao. They, respectively, terrorized, maimed and murdered millions, millions, thousands, and millions of individuals and families. Like Harry Reid, Harriet O’Neill and Marci Hamilton, Hitler did it “for the children.”
I’ll do my part. If y’all do yours, we can slay this dragon before it consumes us.
K
Kathy 07.27.08 at 4:00 pm
Kurt, I am also very grateful for your courageous voice. Thank you for continuing to speak out. Very few are willing to do it. In fact, most aren’t even aware that any of this is happening. It’s a huge and frightening dragon to me, but I want to do my part too.
Chai Tea 07.27.08 at 5:06 pm
Where are all the other Constitutional lawyers and why aren’t they organizing to bring charges against the crimes against the Constitution taking place in Texas?
Thanks for all your doing, Kurt and Bill, but where are the rest of the lawyers and others with ethics?
DeputyHeadmistress 07.27.08 at 6:03 pm
I think that many people see this as an isolated case, or as special circumstances.
Our eldest daughter attends a fairly prestigious state university. She was taking Constitutional Law last term when the FLDS storm brewed up. The week of the hearings I asked her if her class had discussed the case at all. She said not really- they mainly addressed SCOTUS cases- but that her professor had been following it on the news and the first day of the hearings she said that basically the state’s case was coming completely apart. She (the Prof) was stunned the judge ruled as she did.
I also have seen that many times, if people do not have children, they grossly underestimate the harm CPS does to them when it removes them first and investigates later. I have seen several people argue somewhat complacently that ‘it’s all going to come out alright, just give it time.’ And they look at the higher courts telling Walthers to vacate her order as proof that they were right, that the system works if you just give it time.
But CPS doesn’t work. The harm it does to children is often irreparable, and this trauma isn’t canceled out by any perceived good that it might do.
We have a special class of crime that is now outside Constitutional protections for citizens, and a special agency that is also outside of all normal checks and balances- and I don’t think people realize that.
And if they do, “For the children’ trumps everything, even the truth that this isn’t really doing the children any favors at all.
Charlesh 07.28.08 at 12:56 am
Kurt email me. I want to put resources towards the legal OUSTER of Walthers. I would LIKE to see her prosecuted, but mainly want her removed.
Where the heck is the media in all this?
Have they all become boot lickers with low IQ’s?
Thomas Forguson 07.30.08 at 10:40 am
This is off topic a bit. Willie Jessop has been hinting that two of the alleged victims are still virgins. This would be Teresa Jeffs and the girl being being kissed by Warren Jeffs in the world’s most infamous photograph. I knew the authorites in Texas were dishonest. I didnt know they were stupid.
TxBluesMan 08.01.08 at 12:33 pm
Thomas,
Read the indictment for Jessop - the victim is clearly not Teresa.
Hannah Rebekah--LDS Christian 08.03.08 at 9:27 pm
Kurt,
Thank you for your site and the great information and for all those who post. I have learned a lot. The threats are real to those who speak the truth and others don’t like it. So I too worry about you. On a smaller scale I have recently had some interesting experiences with this personally on a forum where a few of us were the voice of reason in the FLDS kidnapping, and we held to the constitution and due process. But the others ended up not only drowning out the ones who don’t see things the way they do they then go on vicious personal attacks. I am amazed at the number of people who have been sucked into the ‘tabloid mentality’ way of thinking and to them it’s all truth. They thrive on it. But in this case they throw in snippets of other stories to sensationalize it even more to whip up the mob mentality of the gang. It’s sad to see people not using their intelligent to make informed judgments. Even when presented with factual proof of what is going on they still hold to the lies, gossip and mis characterizations to condemn all FLDS.