James Cole, Jr. in 2009, after weekly meeting of Call 'em Out
(VOD ed: The City Council’s “Fatal Five,” Charles Pugh, Gary Brown, Saunteel Jenkins, Kenneth Cockrel Jr., and James Tate voted April 4 for a “Consent Agreement” which the author below analyzes. He is studying law at Wayne State University and is a long-time community activist. VOD news stories on the deal to come.)
By James Cole, Jr.
April 4, 2012
Re.: Fundamental Rights violation via Consent Agreement vs. Title IX Bankruptcy protecting “all . . .”
Dear Honorable Mayor and Council-members:
Governor Snyder successfully coerced Detroit’s [boneless] elected officials to sign an illegal contract to dissolve all of the fundamental rights of indigenous Detroiters. At the cusp of promiscuity, Detroit’s [boneless] elected officials signed this anti-human rights contract against the will of Detroit’s majority.
This contract explicitly and implicitly purports to finesse the stealing of Detroit’s indigenous job market; it purports to steal Detroit’s trillion dollar water and shipping rights; it purports to steal Detroit’s entertainment districts; it purports to steal all of Detroit’s salt mines; it purports to steal all of Detroiter’s rights to be represented by an elected body; it purports to steal all of Detroit’s control of Public Lighting.
It purports to steal Detroiter’s Budget and Planning in order to steal the tens of millions of dollars that the leadership has misappropriated and the tens of millions of dollars that the Detroit leadership returned to the Federal Government in order to avoid financially assisting Detroit’s indigenous citizenry—notwithstanding the refusal to pay the elected Citizens District Council Members, each of whom has sworn (in vain) to assist the needs of Detroit’s Homeowners.
Signing a contract with Governor Snyder to abrogate the fundamental rights of indigenous Detroiters would be an exercise in treason. Read Article 11 § 1 0f Michigan’s 1963 Constitution [Oath of Office]; MCLA 566.132 [Statue of Fraud]; United States v. Bishop 412 S. Ct. 346 [willfulness . . . to act against the law]; 18 U.S.C. § 2381 [Treason] and 42 U.S.C. §1983 [Lost of Immunity].
Summarizing the above five factors of law with this factor of law: Norton v. Shelby County, 118 U.S. 425 (1886) (“…An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed”). Simply put, each of you would be violating Article VI § 2 of The United States Constitution—the Supremacy Clause.
There is more:
Snoop Dog and Nelson Mandela used Tiger Stadium for less than a week and made Millions of dollars. Seeing that great financial indicator, the Mayor and the Council majority tore Tiger Stadium down. Each of you deprived the indigenous Detroiters of a powerful income and a strong tax base. It is a willful deed of hampering, hindering and harming the indigenous Detroiters.
Indigenous Detroit Entertainment Promoters wanted to use the Riverfront Ford Theater for weekly functions. Seeing that great financial indicator, the Mayor and the Council majority tore down the Riverfront Ford Theater. Each of you deprived the indigenous Detroiters of a powerful income and a strong tax base. It is a willful deed of hampering, hindering and harming the indigenous Detroiters.
Don H. Barden pursued this city for a casino ownership. As one the city’s biggest tax payers, Mr. Barden promised the city more tax funds with an increase of indigenous employees. Seeing that great financial indicator, the Mayor and the Council majority tore down the Barden Plan. Each of you deprived the indigenous Detroiters of a powerful income and a strong tax base. It is a willful deed of hampering, hindering and harming the indigenous Detroiters. Title IX Bankruptcy protection is undoubtedly a better process.
Substantively, the Mayor and the Council majority continued to allow and support a vicious gang of tax-free, parasitic corporations that refused, failed and neglected to put in their fair share of tax funds. I.e. Mike Ilitch, Peter Karmanos, Jr., Roger Penske, and Dan Gilbert . . . Title IX Bankruptcy protection is undoubtedly a better process.
Each of you took an “Oath of Office” to uphold the Constitution which protects the “Fundamental Rights” of Detroit’s Citizenry. This “Oath of Office” remains abrogated since the majority of this executive and legislative, political body swore to serve the needs of indigenous Detroiters as each of you took office. Alarmingly, many of you exercised your power and position to preclude life, liberty and the pursuit of happiness for virtually all of the indigenous Detroiters.
As Detroit’s leaders, most of you unwisely chose to (in substance) unjustly enrich a downtown tax-free, avarice group reaping and gorging millions of dollars daily while packing their coffers — along with a preposterous number of low or substantively no tax suburbanites feeding at the jeweled troughs of Detroit at the expense of a city being sucked dry by unmitigated, self-serving greed.
This ice berg tip belies the massive, mountainous size of this round-the-clock give away. i.e. DTE has an authored plan to insanely drain tens of millions of dollars from the Lighting Department’s budget—with the intent to fire all indigenous Detroiters, place the city in darkness then file for an adjustment for increased funding. Detroiters call that a system of pigeon artillery projected with gall and chutzpah. Title IX Bankruptcy protection is undoubtedly a better process.
