1.5 amicus curiae dismissal tony pirard

8/9/2019 1.5 Amicus Curiae Dismissal Tony Pirard

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UNITED STATES DISRTICT COURTFOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff,

vs. CASE: 14CV1025 RB/SMV

CITY OF ALBUQUERQUE

Defendant,

ANTOINE TONY PIRARD, et. al.Intervener,

AMICUS CURIAE(FRIEND OF THE COURT) BRIEF OF

ANTOINE TONY PIRARD, et. al. AND AMERICAN LIBERTY LAW ASSIST

IN SUPPORT TO DISMISS ON THE GROUND THAT THE CONSTITUTION ANDLAW IS BREACHED (VIOLATED) IN THE SETTLEMENT AGREEMENT

COME NOW, Mr. Antoine Pirard, et. al. (Pro Se), contending that the UNITED STATES

OF AMERICA and the CITY OF ALBUQUERQUE breached the Settlement Agreement.

Settlement Agreement

I. INTRODUCTION (on page 5)

The United States of America and the City of Albuquerque (collectively the Parties)

share a mutual interest in officer safety and accountability; constitutional, effective policing; and

high-quality police services. They join together in entering into this agreement (Agreement) to

ensure that the Albuquerque Police Department (APD) delivers police services that comply

with the Constitution and laws of the United Statesand to further their mutual interests.

Rule 24 (b) (B) has a claim or defense that shares with the main action a common question of

lawor fact.


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Law What is Law?

All the rules of conduct established and enforced by the Supreme Authority, found in

the United StatesConstitutiona government of the people, by the people, for the people and

Law (USC) for our servant (Government Officials), employed by the will of We the People.

The condition existing when obedience to such rules is general: to establishLawand order

for theAmerican Citizensand our servants (Government Officials).

FACT The Constitutionis a government of the people, by the people, for the people

We the PeopletheAmerican Citizensby ratification (approval) as perArticle Vof the

Constitutionin effectMarch 4, 1789- The Preamble is very clear

and secure the Blessings of Libertyto ourselves and our Posterity

Posterityn (formal)

1. all future generations 2. all of somebodys descendants

Liberty Liberty n

1. the freedom to think or act without being constrained by necessity or force

2. freedom from captivity or slavery

3. any of the political, social, and economic rightsthat belong to the citizensof a state or

to all people (often used in the plural) See also civil liberties

4. an action or remark that violates the polite distance usually left between individuals,

and that may strike the person at whom it is directed as insultingly familiar

Encarta World English Dictionary 1999 Microsoft Corporation. Developed for Microsoft by

Bloomsbury Publishing Plc.


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II. BACKGROUND (on page 7)

6. This Agreement is effectuated under the authority granted to the Department of

Justice under Section 14141 to seek declaratory or equitable relief to remedy a pattern or practice

of conduct by law enforcement officers that deprives individuals of rights, privileges, or

immunities secured by the Constitution or federal law(Title 42 1983).

Rule 24 (b) (B) has a claim or defense that shares with the main action a common

question of lawor fact.

Law USC 42 Sec. 1983 Civil Action for Deprivation of Rights

Every person who, under Color of Law of any statute, ordinance, regulation, custom

(executive orders), or usage, of any State subjects, or causes to be subjected, any person within

the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by

the Constitution and laws, shall be liable to the party injured in an action at law.

II. BACKGROUND (on page 7)

7. This Agreement is not intended to limit the lawful authority of APD officers to

use objectively reasonable force or otherwise to fulfill their law enforcement obligations

under the Constitution and laws of the United States and the State of New Mexico.



Law What is Law?

All the rules of conduct established and enforced by the Supreme Authority, found in

the United StatesConstitutiona government of the people, by the people, for the people and

Law (USC) for our servant (Government Officials), employed by the will of We the People.


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The condition existing when obedience to such rules is general: to establishLawand order

for theAmerican Citizensand our servants (Government Officials).

FACT The Constitutionis agovernment of the people, by the people, for the people

We the PeopletheAmerican Citizenby ratification (approval) as perArticle Vof the

Constitutionin effectMarch 4, 1789- The Preamble is very clear

and secure the Blessings of Libertyto ourselves and our Posterity

Posterityn (formal)

1. all future generations 2. all of somebodys descendants (includes you)

Encarta World English Dictionary 1999 Microsoft Corporation. Developed for Microsoft by

Bloomsbury Publishing Plc.

IV. USE OF FORCE: INTERNAL CONTROLS AND ACCOUNTABILITY

A. Use of Force Principles (on page 15)

15. APD shall develop and implement an overarching agency-wide use of force

policy that complies with applicable law and comports with best practices. The use of force

policy shall include all force techniques, technologies, and weapons, both lethal and less lethal,

that are available to APD officers, including authorized weapons, and weapons that are made

available only to specialized units. The use of force policy shall clearly define and describe each

force option and the factors officers should consider in determining which use of such force is

appropriate. The use of force policy will incorporate the use of force principles and factors

articulated above and shall specify that the use of unreasonable force will subject officers to

discipline, possible criminal prosecution, and/or civil liability.


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The Lawis established Fact

Miranda Warning

The United States Supreme Courtrequires that the Policeand Courtscontinue to

follow theMirandawarnings. The Supreme Court reaffirmedMiranda v. Arizonadeclared

statutes unconstitutional.The Court heldMiranda v. Arizonaconstitutionally based and

states a constitutional rule

Therefore, the court held that Congress could not legislatively supersede the Supreme

Court decisions interpreting and applying the Constitution. If the court had ruled otherwise,

Congress and the states would have had the authority to eliminate protecting constitutional

rightsrequirements in theMirandawarningsThis is a constitutional matter. Congress and

state Legislators cannot change it. We used the word Constitution. We applied it to the states, so

we must have thought it was indeed a constitutional ruling.

Ninth Circuit ruling found policein Southern California trainedto do questioning

outside ofMiranda. That lends to a culture of lawlessnesswithin the police departments. The

court found the trainingin violationof the Fifth Amendment. Police are there to uphold the

law, and that includes, the laws of the Fourth and Fifth Amendmentsand all of the protections

of the Constitution. We required the safeguards of theMirandawarningunless and until we

can come up with something better. The reality is thatMirandais easy for policeto follow and

creates a presumption of admissibility so long as officers comply with it.

The court went on to define that local, state, and federal law enforcement officers,

(Judicial Officers/Personnel) are committingunlawfulactionsagainst theAmerican


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Citizen(s),by the enforcement of the laws (statutes)unlawfully and are personally liable

for their actions.

From the writings of Erwin Chemerinsky, American Liberty Law Director, and Associates

Law United States Codes USC (Law)

Remedy for the people when rightsviolated, the Law for servant(s) criminal prosecution

USC 18 Sec. 241 Conspiracy Against Rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any

State in the free exercise or enjoyment of any right they shall be fined under this title or

imprisonednot more than ten years, or both

USC 18 Sec. 242 Deprivation of Rights under Color of Law

Whoever, under Color of Law, statute, ordinance, regulation or custom (executive orders),

willfully subjects any person in any State the deprivation of any rights shall be fined under this

title or imprisonednot more than one year, or both

USC 18 Sec. 2381 Treason

Whoever, owing allegianceto the United States, levies war against them or adheres to their

enemies, giving them aid and comfort within the United Statesor elsewhere, is guiltyof

treason and shall suffer death, or shall be imprisonednot 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.

USC 18 Sec. 2382 Misprision of Treason (Concealment)

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


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or justice of a particular State, is guilty of misprision of treason and shall be fined under this

title or imprisonednot more than seven years, or both.

USC 42 Sec. 1983 Civil Action for Deprivation of Rights

Every person who, under Color of Law of any statute, ordinance, regulation, custom (executive

orders), or usage, of any State subjects, or causes to be subjected, any person within the

jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured in an action at law.

VIII. MISCONDUCT COMPLAINT INTAKE, INVESTIGATION, AND ADJUDICATION

D. Investigation of Complaints (on page 61)

186. APD and the City shall develop and implement protocols to ensure that criminal and

administrative investigations of APD personnel are kept appropriately separate, to protect APD

personnels rights under the Fifth Amendment. When an APD employee affirmatively refuses to

give a voluntary statement and APD has probable cause to believe the person has committed a

crime, APD shall consult with the prosecuting agency (e.g., District Attorneys Office or USAO)

and seek the approval of the Chief before taking a compelled statement.

187. Advisements by the Internal Affairs Bureau or the Civilian Police Oversight

Agency to APD personnel of their Fifth Amendment rights shall only be given where there is a

reasonable likelihood of a criminal investigation or prosecution of the subject employee.


question of law or fact.

Government Officialsbreachthe trust in officea violation of the Constitution.


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Definition: servant(civil and / or public) is somebody in the public employ. A servant is in

service (employed) by the will of We the PeopletheAmerican Citizen(Masters) the author

(creator) of the Constitution, having full Authorityand Powerby means of ratification.

A servanthas no rights, unable to plead the 5th

, and Garritydoes not apply.

Servants (Government Officials) serve at the pleasure of We the PeopletheAmerican Citizens

F. Staffing and Training Requirements (on page 65-77)



Mirandawarnings

The United States Supreme Court requires that the Policeand Courtscontinue to

follow theMirandawarnings. The Supreme Court reaffirmedMiranda v. Arizonadeclared

statutes unconstitutional for We the Peoplea.k.a.American Citizens.The Court held

Miranda v. Arizonaconstitutionally based and states a constitutional rule

Therefore, the court held that Congress could not legislatively supersede the Supreme

Court decisions interpreting and applying the Constitution. If the court had ruled otherwise,

Congress and the states would have had the authority to eliminate protecting constitutional

rightsrequirements in theMirandawarningsThis is a constitutional matter. Congress and

state Legislators cannot change it. We used the word Constitution. We applied it to the states, so

we must have thought it was indeed a constitutional ruling.

Ninth Circuit ruling found policein Southern California trainedto do questioning

outside ofMiranda. That lends to a culture of lawlessnesswithin the police departments.


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The court found the trainingin violationof the Fifth Amendment. Police are there to

uphold the law, and that includes, the laws of the Fourth and Fifth Amendmentsand all of the

protections of the Constitution. We required the safeguards of theMirandawarningunless and

until we can come up with something better. The reality is thatMirandais easy for policeto

follow and creates a presumption of admissibility so long as officers comply with it.

The court went on to define that local, state, and federal law enforcement officers,

(Judicial Officers/Personnel) are committingunlawfulactionsagainst theAmerican

Citizen(s),by the enforcement of the laws (statutes)unlawfully and are personally liable

for their actions.

344. Settlement Agreement (on page 104)

This Agreement is enforceable only by the Parties. No person or entity is

intended to be a third-party beneficiary of the provisions of this Agreement for purposes of any

civil, criminal, or administrative action. Accordingly, no person or entity may assert any claim

or right as a beneficiary or protected class under this Agreement.



Government Officialsbreachthe trust in officea violation of the Constitution.

a government of the people, by the people, for the people

Government Officials a.k.a. (also known as) servants take an oath (affirmation) to support the

Constitutionand Law (USC), found in violate known as a BREACH OF DUTY.

Constitution Oath (Affirmation) requirements:


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Article VI. "The Senators and Representatives before mentioned, and the Members of the

several State Legislatures, and all executive and judicial Officers, both of the United States

and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;

but no religious Test shall ever be required as a Qualification to any Office or public Trust

under the United States."

Definition: servant(civil and / or public) is somebody in the public employ. A servant is in

service (employed) by the will of We the PeopletheAmerican Citizen(Masters) the author

(creator) of the Constitution, having full Authorityand Powerby means of ratification.

Law United States Codes USC (Law)

Remedy for the people when rightsviolated, the Law for servant(s) criminal prosecution

USC 18 Sec. 241 Conspiracy Against Rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any

State in the free exercise or enjoyment of any right they shall be fined under this title or

imprisonednot more than ten years, or both

USC 18 Sec. 242 Deprivation of Rights under Color of Law

Whoever, under Color of Law, statute, ordinance, regulation or custom (executive orders),

willfully subjects any person in any State the deprivation of any rights shall be fined under this

title or imprisonednot more than one year, or both

USC 18 Sec. 2381 Treason

Whoever, owing allegianceto the United States, levies war against them or adheres to their

enemies, giving them aid and comfort within the United Statesor elsewhere, is guiltyof

treason and shall suffer death, or shall be imprisonednot less than five years and fined


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under this title but not less than $10,000; and shall be incapable of holding any office

under the United States.

USC 18 Sec. 2382 Misprision of Treason (Concealment)

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 imprisonednot more than seven years, or both.

USC 42 Sec. 1983 Civil Action for Deprivation of Rights

Every person who, under Color of Law of any statute, ordinance, regulation, custom (executive

orders), or usage, of any State subjects, or causes to be subjected, any person within the

jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured in an action at law.

In Summary

TheSettlement Agreement has doubled standard language and in violation of the

Constitutionand the Laws.

double standard n

a principle, rule, or expectation that is applied unfairly to different groups, one group usually

being condemned for the slightest offense while the other is treated far more leniently

Encarta World English Dictionary 1999 Microsoft Corporation. All rights reserved.

Developed for Microsoft by Bloomsbury Publishing Plc.

In agreementand in compliance with the Constitutionand Laws


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I. INTRODUCTION (on page 5)

delivers police services that comply with the Constitution and laws of the United

Statesand to further their mutual interests.

In Disagreement and not in compliance and in violation of the Constitutionand Laws

344. Settlement Agreement (on page 104)

This Agreement is enforceable only by the Parties. No person or entity is

intended to be a third-party beneficiary of the provisions of this Agreement for purposes of any

civil, criminal, or administrative action. Accordingly, no person or entity may assert any claim

or right as a beneficiary or protected class under this Agreement.

In I. INTRODUCTION on page 5 the document is in comply with the Constitutionand Laws,

then in 344. Settlement Agreement (on page 104) is unlawfullyand removes any opportunity

therefore eliminates justice for all by not allowing any person or entity intended to be a third-

party beneficiary of the provisions of this Agreement for the purposes of any civil, criminal, or

administrative action.

The Practice of Law

"The practice of lawis an occupation of common right." A bar card is not a license, its a dues

card and/or membership card. A bar association is that what it is, a club, A association is not

license, it has a certificate though the State, the two are not the same....

Platsky v. C.I.A. 953 F.2d. 25.

"The practice of law can not be licensed by any state/State.

Schware v.Board of Examiners, United States Reports 353 U.S. pgs. 238, 239.


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In Sims v.Aherns, 271 S.W. 720 (1925)

Additionally, pro se litigants are to be given reasonable opportunity to remedy the defects in

their pleadings.

Reynoldson v. Shillinger 907F .2d 124, 126 (10th Cir. 1990);

See also Jaxon v. Circle K. Corp. 773 F.2d 1138, 1140 (10th Cir. 1985) (1)

NAACP v. Button (371 U.S. 415);

United Mineworkers of America v. Gibbs (383 U.S. 715);

and Johnson v. Avery 89 S. Ct. 747 (1969).

Members of groups who are competent nonlawyers can assist other members of the group

achieve the goals of the group in court without being changed with Unauthorized practice of

law.

"They saw all the consequences in the principle and they avoided the consequences

by denying the principle." - James Madison

In Conclusion

The Constitutionoath (affirmation) is of extreme concern of Law.

To take an oath (affirmation) to support the Constitutionis a promise of trust to comply.

Violation of an Oath (affirmation) is Perjury

The Constitution, Art. II Sec. 4, "Treason, Bribery, or other high Crimes and

Misdemeanors". The phrase "high crimes and misdemeanors" and its meaning to the Framers,

and found that the key to understanding it is the word "high". It does not mean "more serious". It

refers to those punishable offenses that only apply to high persons, that is, to public officials, and


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/ or Government Officialsthose who, because of their official status, are under special

obligations that ordinary persons are not under, and which could not be meaningfully applied or

justly punished if committed by ordinary persons.

Perjury is usually defined as "lying under oath". That is not quite right. The original meaning

was "violation of one's oath (or affirmation)".

The word "perjury" is usually defined today as "lying under oath about a material

matter", but that is not its original or complete meaning, which is "violation of an oath". We can

see this by consulting the original Latin from which the term comes. FromAn Elementary Latin

Dictionary, by Charlton T. Lewis (1895), Note that the letter "j" is the letter "i" in Latin.

periurium, i, n,, a false oath, perjury.

periurus, adj., oath-breaking, false to vows, perjured. iuro, avi, atus, are, to swear, take

an oath.

iurator, oris, m., a swearer.

iuratus, adj., sworn under oath, bound by an oath.

ius, iuris, that which is binding, right, justice, duty.

per, ... IV. Of means or manner, through, by, by means of, ... under pretense of, by the

pretext of, ....

When a person takes an oath (or affirmation) before giving testimony, he is assuming the role of

an official, that of "witness under oath", for the duration of his testimony. That official position

entails a special obligation to tell the truth, the whole truth, and nothing but the truth, and in that


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capacity, one is punishablein a way he would not be as an ordinary person not under oath.

Therefore, perjuryis a high crime.

It should be noted, however, that when an offense against a statuteis also a "high crime or

misdemeanor", it may be, and usually is, referred to by a different name, when considered as

such. Thus, an offenselike "obstruction of justice" or "subornation of perjury" may become

"abuse of authority" when done by an official bound by oath. As such, it would be grounds

for impeachment and removal from office, but would be punishable by its statutory name

once the officialis out of office.

An executive official (Government Officials) is ultimately responsible for any failures of his

subordinates and for their violations of the oath he and they took, which means violationsof the

Constitutionand the rightsof persons(American Citizens). It is not necessary to be able to

prove that such failures or violations occurred at his instigation or with his knowledge, to be

able, in Starr's words, to "lay them at the feet" of the president. It is sufficient to show, on the

preponderance of evidence, that the president was aware of misconduct on the part of his

subordinates, or should have been, and failed to do all he could to remedy the misconduct,

including terminationand prosecutionof the subordinatesand compensationfor the victims

or their heirs. The president's subordinates include everyone in the executive branch, and their

agentsand contractors. It is not limited to those over whom he has direct supervision. He is not

protected by "plausible deniability". He is legally responsible for everything that everyone in

the executive branch is doing.

Therefore, the appropriate subject matter for an impeachment and removal proceeding is the full

range of offenses against the Constitutionand against the rights of personscommitted by


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subordinate officials and their agents, which have not been adequately investigated or remedied.

The massacre at Waco, the assault at Ruby Ridge, and many, many other illegal or excessive

assaults by federal agents, and the failure of the president to take action against the offenders, is

more than enough to justify impeachment and removal from office on grounds of dereliction of

duty. To these we could add the many suspicious incidents that indicate covered up crimes by

federal agents, including the suspicious deaths of persons suspected of being knowledgeable of

wrongdoing by the president or others in the executive branch, or its contractors.

Perjuryis a criminal offensea Breach of Dutyand we request an

independent prosecutor(s)for criminal prosecutionin reference to the Settlement Agreement.

If youve been naughty, now is the time to clean up your act.

If you must, resign and go in peace and clean up your act.


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Hereunto subscribe,

Use pur ple ink[for royalty] or blue ink[for admiralty].

Royalty (self-government) a government of the people, by the people, for the people,

Supreme Authority, at all times, under all circumstances

Admiralty / Corporation (Government Officials) ONLY.

No line under signature, in honor of founding documents and above UCC 1-308

Respectfully Submitted

UCC 1-308 UCC 1-308

Mr. Antoine Pirard, et. al. (Pro Se) Cipriano L. Roybal, Director

604 N. Heaton Lp. SE American Liberty Law and

Los Lunas, N. Mex. [87031] Associates National and International

505-866-5453 P.O. Box 12927

Albuquerque, N. Mex. [87195]

1.5 amicus curiae dismissal tony pirard

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