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Jim Rudd                                                                               August 29, 2002
     

Capricious Disregard

Where Law Ends and Tyranny Begins

Taking a cue from Pastor Chuck Baldwin's commentary, Americans Must Start Thinking Outside The Box, I'm going to walk through an example of "thinking outside the box." My experience in working with different Christian ministries has shown me that most people do not understand anymore how to think creatively using "objective certainty" as their fixed reference point.

I have noticed when we practice these principles with a mind-set always focused on the very specific objective that abortion is murder, we never lose a public debate concerning abortion because that truth and the facts we state shut the mouths of our adversaries.

Whenever I'm out at an abortion clinic and know the abortionist is inside doing abortions, and the police drop by, I've started reporting to the police, "I have reason to believe that a murder is being committed inside that building." You see, in most states, knowing or having reasonable suspicion that a crime is being committed and not reporting it to the civil authorities is a misdemeanor, and in the case of a felony crime, it's a felony not to report it.

I know that some of you are thinking that most civil officials don't consider an abortion to be a murder so why bother to report it? This is the whole point: the crime of murder is not determined by someone's opinion, not my opinion, not your opinion, or any civil officials' opinion. Murder is established through homicide law -- regardless of what people's opinions are.

Murder is determined solely by the undeniable physical evidence of a dead human body. Each state has laws authorizing the Coroner or Medical Examiner "to determine the cause of death and the circumstances of death by an accurate impartial examination of the forensic evidence of the corpse" -- the murdered human body.

In most states, medical examiners compile the murder evidence into a report, which include autopsy photographs, and then must be given to the District Attorney's Office. The DA in turn presents the Medical Examiner's Report to a Grand Jury, who then issues an indictment against the murderer[s].

When I'm standing outside an abortion clinic at 11 a.m., and they started killing children by abortion at 9 a.m., I am absolutely confident that the police will find evidence of the crime of murder being committed inside that building -- the same kind of evidence used to prosecute murders in all 50 states -- and I'll swear to it!

When we are standing in front of an abortion clinic we are not only men of God calling sinners to repentance, we are also law abiding citizens. When law enforcement officers come along we change from preacher to law abiding citizen properly reporting a crime. This has a tremendous effect in neutralizing the hostility law enforcement officers may have toward us. It substantiates our initial (pro-life) reason for why we are at the abortion clinic, and more importantly, lets the law enforcement officers know that we know what they are suppose to be doing in their official capacity.

Now I'm not suggesting that activists rush out to the local abortion clinic and report to the police that murder is being committed in there. First, do a little homework. Find out what your state laws say about reporting crimes. In some states you may be required to fill out a form. Find out about the homicide laws in your state, particularly the ones dealing with physical evidence and the Medical Examiner's/Coroner's Office -- find out who that local Medical Examiner is. Also, find out how to file a citizen's complaint against a police officer. You will need this information when they refuse to go inside the abortion clinic and arrest the murderers -- putting on record that you did indeed report a crime and they ignored you. The responsibility now rests solely on the civil authorities.

What the police are suppose to do when they find a citizen standing on a public sidewalk pointing at a building and saying, "the crime of murder is being committed in there," is go inside and see if the crime of murder is, in fact, being committed. When they see the evidence of murder (which we already know they will), they are to apprehend the suspects, seal off the area with that orange or yellow crime-scene tape, and then secure the facility for the Forensic Team from the Medical Examiner's Office to arrive to pronounce the approximate time of death, take pictures and collect the evidence, which they will later give to the DA's office.

Whenever local or state officials and judges refuse to act on the evidence -- murdered human bodies of children killed by abortion -- the same kind of evidence they use to prosecute murderers everyday -- they are guilty of capricious disregard.

Capricious disregard is: "A willful and deliberate disregard of competent testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching the result." --Unemployment Compensation Bd. of Review v, Kessler, 27 Pa.Cmwlth. 1, 365 A.2d 459, 462.

Do I believe that it is the responsibility of citizens to alert the public when our local, state and federal officials and judges are not upholding the law? I absolutely do! In fact, most pro-life Christians may not know or understand the very important social and political role we already play in doing exactly that.

You see, all the years that Christians have been protesting at abortion clinics, they have not only been exposing the fact that the local police and authorities are ignoring the crime of murder, they have also been shining a very public light on the utter hypocrisy of all civil officials in our criminal justice system who falsely testify to be enforcing the law.

This is why pro-life protesters at abortion clinics are met with such open hostility by so many local police, prosecuting attorneys, judges and the Department of Justice. All these civil officials know very well that the murder evidence they are ignoring inside our nation's abortion clinics is the exact same kind of evidence they use to prosecute and punish murderers everyday throughout our land -- and they don't like Christians coming along shining a light on their capricious disregard for the Rule of Law they claim to be upholding.

John Locke said in his Second Treatise on Government, Chapter 18, Of Tyranny:

"Wherever law ends, tyranny begins, if the law be transgressed to another's harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command to compass that upon the subject which the law allows not, ceases in that to be a magistrate, and acting without authority may be opposed, as any other man who by force invades the right of another."

Let me apply what John Locke said to our own circumstances. Genocide, our current form of tyranny, began in the United States of America when civil officials of the federal government exceeded their civil "power" when they decided to promote, and maintain "by force" the availability of abortion to murder children in the womb, thereby denying unborn children their "right" to live -- the "genocide" of a whole class of human beings.

How do we prove with legal standing that a civil government has become tyrannical? How do we prove with legal standing a civil official is a "tyrant" and is "without authority" to govern? We point to the place where "law ends" -- the "willful and deliberate disregard" state officials show toward the evidence of a crime -- the murdered human bodies of aborted children.

You see, there is no law against murder in the Constitution. The Constitution of the United States leaves criminal law to the states. When state governments gave heed to the mere belief that the federal government had somehow "legalized" abortion as a "medical procedure," the states ignored their own criminal law concerning the crime of murder -- at that point the law ended and tyranny began. We prove it by pointing first at the murdered bodies of the aborted babies and then to the civil officials' willful and deliberate disregard of the evidence -- the same kind of evidence they use to prosecute murderers everyday.

In stark hypocrisy, the law prosecutes and punishes on the one hand, but on the other hand, the "law ends" and murder goes unpunished.

Part 2 of this commentary will be Shutting the Mouths of Our Adversaries.


Jim Rudd
Washington, D.C., Director
Christian Street Preachers Alliance
email: editor@covenantnews.com


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