Lawsuit
When Congress decided to turn it's back on the American taxpayer and pass HR 1424 (the bailout bill) just as their large corporate campaign donors had wanted them to, I was furious. I channeled my anger into something productive and wrote the book Everything You Ever Wanted to Know About the Bailout Bill. When these same despicable politicians decided to step on us further by transferring taxpayer funds to the automotive industry without Congressional approval, I became livid. As rotten as the main bailout bill was and is, I still had to recognize that it was legal in nature. But the follow up transfer to the automotive industry was illegal and unconstitutional. I am not an attorney however, I decided to file a Federal lawsuit in Fort worth Federal Court against Timothy Geithner, Henry Paulson, and The United States Treasury. After completing the initial very difficult legalisms my suit (4-08CV-744-Y) was accepted and went on with the next phase of serving these defendants. I have posted the filings on this web site and please feel free to read them all. I understand that everyone has time constraints, so I pulled a few verbatim quotes from my suit that I feel everyone should read.
From page two of my injunction I wrote the following:
"Specifically Article I Section 9 of the Constitution states the following "No money shall be drawn from the Treasury , but in consequences of appropriations made by law".
"They proposed House Bill HR 7321 which specifically stated it's purpose was to authorize financial assistance to "eligible automobile manufacturers". After lawful debate HR 7321 was procedurally defeated on December 11Th, 2008, and therefore it did not become law and therefore any transfer of taxpayer funds from the Treasury to any non-financial entity including automobile manufacturers is by definition unconstitutional and must be enjoined".
To summarize Congress appropriated money for financial firms (disgusting but legal) and failed to appropriate money for the automotive industry. The Executive branch decided they were going to transfer the money anyway, a clear violation of the Constitution. If the executive Branch could bypass Congress on this issue, they can (and I believe will) use this case as a legal precedent to bypass Congress and the people in other areas as well. Any judge would have to recognize this precedent, and liberal judges would welcome it with open arms. Here are the potential dangers I pointed out to the Court in other sections.
Still in the injunction I wrote:
"This Court must not allow this dangerous and unconstitutional precedent to proceed, as today it's the unconstitutional misappropriation of taxpayer funds, and tomorrow it might very well become the revocation of our unalienable Constitutional Rights, including the Bill of rights, with this unconstitutional act becoming the legal precedent cited. This could easily allow any future Chief Executive or the Executive Branch to circumvent the Legislative Branch and deny Constitutional rights to United States Citizens".
In Section III the PUBLIC INTEREST section of my restraining order I wrote the following:
"As the Constitution guarantees us all inalienable rights including the right of "free speech" among others, it is clear that an unscrupulous Chief Executive with totalitarian leanings, or for political reasons, could in fact prevent certain aspects of free speech from being exercised that the constitution guarantees".
Still in the same section I went on to write:
"When challenged he would simply cite this precedent setting case which permitted the Executive Branch to disregard the will of the Legislative Branch and the defacto voices of the general public and rule as an autocrat".
These are dangerous times we are in. Never before have our liberties that we formally took for granted been so threatened. Elements of my case did make it to the Supreme Court in an action brought by Chrysler bond holders whose rights were unilaterally trampled on by Obama. In a typical "rush job" seen in third world nation's the Chrysler bondholders lost. I maintain to this day, if we were allowed to present both of these cases to our peers like the Constitution guarantees we would have won both of them. This totalitarian stripping of our rights must be stopped while we still have time.
Click Here to View My Lawsuit Against the U.S. Treasury
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