“The Second Amendment Doesn’t Exist In This Courtroom”

BY Herschel Smith
1 week, 5 days ago

Source.

‘Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.’

Here she is.

She has a “rich cultural heritage.”

Judge Darkeh is a child of an immigrant father and a first-generation American mother. Her father, George Komla Darkeh, was born and raised in Ghana, West Africa. “He came to New York in the 1960s to attend Columbia University and to work at the United Nations,” she said. Her mother, Shirley Elise (nee Lowe) Darkeh was born in Brooklyn after her family immigrated from St. Vincent and Barbados. Judge Darkeh’s parents met a party in NYC, at the home of a UN diplomat. Two years later they married, started a family and moved to Long Island. 

“I was born in the United States — Brooklyn, New York, in fact — and I am proud to be an American, but I have always understood that America is a rich and vibrant place because of all of the people, from different places, who settled here and who expressed who they are and where they came from in their everyday lives.

But with no respect for God-given rights to self defense or the liberties of a free man. That sort of cultural heritage.

Now, reddit/Firearms gives us good reason to try her for treason.

Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974) Note: By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). When a judge acts as a trespasser of the law, when a judge does not follow the law, the Judge loses subject-matter jurisdiction and the judges’ orders are not voidable, but VOID, and of no legal force or effect. The U.S. Supreme Court stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.”

Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.”

Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958) Note: Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the supreme law of the land. The judge is engaged in acts of treason. The U.S. Supreme Court has stated that “no state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it”. See also In Re Sawyer, 124 U.S. 200 (188); U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia,19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).

28 is U.S. Code § 454. Practice of law by justices and judges

Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.

(June 25, 1948, ch. 646, 62 Stat. 908.)

The USDC are legislative courts typically proceeding in legislativemode. See American Insurance v. 356 Bales of Cotton, 1 Pet. 511, 7 L.Ed. 242 (1828) (C.J. Marshall’s seminal ruling); Balzac v. Porto Rico, 258 U.S. 298, 312 (1922) (the USDC IS NOT a true United States court established under Article III!); and 28 U.S.C. §§ 88, 91, 132, 152, 171, 251, 458, 461, 1367.

Legislative courts are not required to exercise the Article III guarantees required of constitutional courts. See Keller v. Potomac Electric Power Co., 261 U.S. 428 (1923); Federal Trade Commission v. Klesner, 274 U.S. 145 (1927); Swift & Co. v. United States, 276 U.S. 311 (1928); Ex parte Bakelite Corporation, 279 U.S. 438 (1929); Federal Radio Commission v. General Electric Co., 281 U.S. 464 (1930); Claiborne-Annapolis Ferry Co. v. United States, 285 U.S. 382 (1932); O’Donoghue v. United States, 289 U.S. 516 (1933); Glidden Co. v. Zdanok, 370 U.S. 530 (1962); Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982).

But all of that relies on good men doing righteousness, and that isn’t going to happen in New York. If the SCOTUS had any guts, they would have dealt with this sort of denial of the 2A long, long ago, and would be dealing with it currently with the AWBs in Illinois and Maryland. But they have no guts. They have run scared of this issue for a very long time.

Funny, that. Sotomayor has no problem telling the lower courts off when she wants to. It seems that everyone else on the supreme court is a coward.

It would be good if the SCOTUS had a way of censuring lower courts and judges, and perhaps they do. But they would have to actually exercise that prerogative, and it takes more than cowards to do that.

Finally, this touches fingers with the whole issue of immigrants and immigration, and how they don’t bring the same value system to America. They bring the value system from the country they left. This is especially dangerous when it’s a judge. It will just take more time to work its way through the process with immigrants who vote.

See the point?


Comments

  1. On April 24, 2024 at 3:43 am, skybill said:

    Hi Herschel,
    ‘Can’t hep but say, “Say again Please??”… Note the Geography…. as Our late friend Mike Vanderboegh would say,”It’s Behind Enemy Lines!!!” and New York at that!!
    I can go on, but my Hi-Ball Glass is gettin’ low and I need a “Mid-air Refuel!!”….
    Audentes, Fortuna, Iuvat!!!!!,
    III%,
    skybill
    PS would kick in a comment for “Herschel’s Dictum,” but as Claire said,”It’s too late to work within the system but too early to shoot the bastards!!!!!!’

  2. On April 24, 2024 at 8:56 am, george 1 said:

    The United States is ruled by foreign interests. More so in Blue states but basically all states when discussion of the big issues important to the blob are concerned. This is why you get ridiculous people like this judge and Fani Willis inserted into the legal system. These people are not sporting 100 IQs, and they will be allowed to destroy the legal system. That is what the foreign elite want.

  3. On April 24, 2024 at 10:06 am, X said:

    An African judge tells you the “Second Amendment does not exist” despite the Constitution stating, verbatim:

    “This Constitution… shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    You’ve lost your country, people.

  4. On April 24, 2024 at 11:20 am, ragman said:

    You sure it’s not “judge darkie”?

  5. On April 24, 2024 at 4:32 pm, luke2236 said:

    See the point? yes, the point is that America no longer exists. (((they))) have subverted it and brought in so many illiterate violent third world invaders that it is not safe. (((they))) have made sure that we have to allow them to vote and be put in public office, when NONE of them should be here in the first place.
    It aint gonna do nuthin but get worse; bend over or ammo up.

  6. On April 24, 2024 at 5:07 pm, Alex said:

    If the 2nd amendment doesn’t exist, then neither does the 19th.

  7. On April 24, 2024 at 5:43 pm, Latigo Morgan said:

    Well, Miss “judge”, if the 2nd does not exist in the courtroom, neither do the rest of them. So, get yourself back to the plantation, or get out of the country because you are not a citizen, and are ineligible to vote or hold office.

  8. On April 24, 2024 at 6:56 pm, Sisu said:

    This is a atrocious situation; but perhaps it is so over the top that it will eventually topple the corruption.

    J. Abena Darkeh is a NYC Mayoral appointee, married to a significant donor to the Brooklyn DA (according to Taylor’s attorney in the interview linked within the RedState piece).

    Regardless, she is a NYC Criminal Court Judge; she is not a judge in USDC (United States District Court; Presidential Appointee subject to Senate “advise and consent”).

    Separately, I cannot find the “reddit” excerpt on the linked website. … Nor have I found a related independent discussion of the difference among “legislative” Article III. judges and Article III. “constitutional” judges. … But, again she’s a NYC political appointee judge (same sh!t appointment common throughout the US).

    There’s more to this story, including why does Taylor not have a more subject matter competent attorney (?). …

    However, my understanding is that prior to getting to federal court the case has to work through NYC, then NYS court systems. … It shouldn’t be that way, but its the same throughout this country.

  9. On April 24, 2024 at 7:34 pm, Sisu said:

    2-5-24 Dana Loesch interview with Dekter Taylor – 11:42mns. Well worth watching.

    https://danaloesch.substack.com/p/interview-second-amendment-casewatch

  10. On April 24, 2024 at 8:01 pm, Allen said:

    Women generally, are not righteous.

  11. On April 25, 2024 at 10:26 am, Joe Blow said:

    ABSOFUCKINGLUTELY!!!!!
    They’re going to use Lawfare against us, we should be using it against them!
    Besides the fact her statements are utterly treasonous, at the very least, she should be disbarred and removed from the court for demonstrating a complete lack of respect for The Constitution she swore an oath to uphold.
    Kick her ass off the court and into the pillory immediately!
    Then do it to that stupid bint on the supreme court fretting about the 1st!

  12. On April 25, 2024 at 12:09 pm, Arthur Sido said:

    This is a perfect example of how erroneous the magic dirt argument truly is. People who lack our cultural and dare I say racial heritage are not going to share our core values. Some may mimic them for certain on an individual basis but as a group? One only needs to look at voting patterns for Whites and non-Whites to see that we are operating under very different sets of principles.

  13. On April 26, 2024 at 6:36 am, Joe Blow said:

    Ditto what Mr. Sido said!
    I first noticed this decades ago when I was a kid….
    Puerto-Rican American’s hung PR flags on their cars and houses, and identified as Puerto Rican’s, not American’s. Forms began being printed in Spanish to accommodate these islanders we didn’t want The Soviet Union cozying up to. Now look where we are?
    Those immigrants never wanted nor intended to matriculate into American culture. They decided from day 1 they were going to supplant their culture into their new home, rather than adopting the one that existed here when they landed.
    I dunno how else you would define a foreign invader, but here we are!

  14. On April 26, 2024 at 1:48 pm, Bobsuruncle said:

    There are several areas of US Code that make what she did felonies. Deprivation of rights, treason to your oath, duties as an agent of the court, etc…but, alas we have only commies and synagogue members in the justice dept, and federal agents too concerned with pay and pension and chiming in harmony, just following orders from their political managers for this to get corrected.

  15. On April 27, 2024 at 9:22 pm, X said:

    Last week was the 249th anniversary of Lexington and Concord. Those guys did not ask the permission of the King’s judges for the right to own guns, did they?

    “I beg of thee, sir, I should like to own a Pennsylvania rifle under the English Bill of Rights.”

    “Nay, colonial bastard… nobody but His Majesty’s troops needs a Pennsylvania assault rifle!”

    Well, that is where we are at today. People are begging an African woman for the privilege of owning a gun. What does any sane person think will happen? She will bitch-slap you out of court. Duh.

    Like it or not, you have two choices: submit, and forfeit your “rights” (LOL), or else live and die as a free man, because they WILL kill or incarcerate you for failing to submit.

  16. On April 28, 2024 at 6:35 pm, john844 said:

    “because they WILL try to kill or incarcerate you…”
    Fixed it for ya.
    Yes, some will be killed, but we are much more numerous than they. Remember what Solzhenitsyn said…
    Ammo up my folk.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "“The Second Amendment Doesn’t Exist In This Courtroom”", entry #36605 on The Captain's Journal.

This article is filed under the category(s) Second Amendment,Supreme Court and was published April 23rd, 2024 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (277)
Animals (287)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (373)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (86)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (220)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (189)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,771)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,643)
Guns (2,311)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (33)
ICOS (1)
IEDs (7)
Immigration (108)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (95)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (72)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (650)
Police in COIN (3)
Policy (15)
Politics (971)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (492)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (670)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (54)
Survival (185)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (14)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (412)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.