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

BY Herschel Smith
3 weeks, 6 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.

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

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