With deep appreciation to Kate Durmus for creating this transcript.
Reference: Randy Due Case
Randy Due, United States veteran, jailed for holding public officials to their Constitutional oaths.
Yeah. How ya doing?
-Good. So, tell us, the American political prisoner, our hero. What’s going on?
Well, for some reason, the court system doesn’t want to obey their own laws. You know, Judge Thalken, back on the 10th of April, when he created this fraudulent conditional release. The reason I say it’s fraudulent is because he is required to take an oath to support the Constitution. And that includes the First Amendment right to petition the government for redress aggrievances. Well, the conditional release he imposed or he took away, attempted to take away my First Amendment right to petition the government for redress aggrieviances. And to use that as, whenever I merely exercise that right that he could then throw an arrest warrant against me and throw me in jail. And that’s what’s happened.
-How can he do that?
Well he can’t lawfully, but that’s what he did.
-So you’re saying that a judge is acting unlawfully?
Oh, certainly not! [Laughter.] That’s exactly what’s happened and then also, I asked for his recusal from the case because he was biased and prejudicial, and he refused to back on the, well, on the August of 2nd when I had a hearing he refused to recuse himself. And then on August the 20th I had another hearing and I entered into the, during the hearing I said, now, I’ve got criminal charges filed against you, Mr. Thalken, and this is to be entered into the court records not in this case but as a separate case. What did he do? He entered the criminal complaint as a motion into the case he was sitting in and then dismissed it. Well, a judge cannot sit in judgment of his own cause. And of course I knew that’s what he’d do, so I had prepared and what we then did is I then had another criminal complaint with the one I had filed here in Nebraska filed in a district court in Georgia. And now that has been sent in to the court here because he’s going to be removed for conflict of interest and for his perjury, which is Title 1816 21 for violating his required oath to support the Constitution. That’s a felony offense against him.
-Hmm. Hold on a minute. Maybe some people don’t know what the term “recuse” means.
That means they have to remove themself from the case because of a conflict of interest.
-There certainly seems to be a conflict of interest when he’s involved in the case himself as a defendant and he is sitting in judgment of his own actions as a defendant.
Right. Well, you see, Title 28, section 455, states that any judge who is biased or prejudicial shall remove himself from the case. Or any judge that has any financial interest in the outcome of the case shall remove himself. Well both of those apply to him. Because criminal charges filed against him have a direct financial ledgered value for his violation of my civil rights.
-But he’s a judge. He certainly must know that.
Oh, yeah. But you see, his employment, his livelihood is at stake here along with the rest of them. And they’re trying to cover it up.
-When you say his livelihood, what does he get a commission on everybody he puts in jail or something?
Oh, he gets paid, I don’t know, probably $150,000 to $200,000 a year salary for being a judge. So, then you see Title 18, Section 2383, is rebellion or insurrection. Anybody that rebels against the Constitution, which is the supreme law of the land, is in rebellion or insurrection. They are incapable of holding an office, and that’s what he’s done. That means he’s going to lose his job before it’s over with—if there are any lawfully abiding judges left. So anyways, it’s a real interesting scenario because put the rope out there and he’s put it around his own neck and he’s hanging himself. And then he proceeded to issue some more orders, which are null and void because when someone’s disqualified they don’t have any authority to go forward.
-It almost sounds like we’re dealing with a system of justice that isn’t a system of justice. How could that be?
Randy makes a point with the court clerk.
Well, that, you hit it on the nail on the head right there. The legal system, there is no truth or justice anymore. It’s all about following procedure. They don’t adhere to the Constitution. The problem is, they forgot to read what the Constitution says. Constitution Article 6, Paragraph 2 dictates that the Constitution is the supreme law of the land and all judges shall be bound thereby. And when they violate their oath and they take away any citizen’s civil rights, they have went against their oath, they committed perjury. And by law, by Title 18, Section 2383 they are in rebellion and insurrection against the Constitution, the authority of the United States and the laws thereof. And the supreme law is the Constitution.
-So this has gone on in Nebraska?
-So, who in Nebraska would be responsible for dealing with these kinds of behavior by a judge?
Well, the other judges are responsible to adhere to make sure that they obey the codes of conduct to the judiciary. The appellate court has review of it, the congressmen, the senators, and the representatives, by the Constitution, the congressmen have a responsibility to remove any judge who is not obeying the Constitution. So these congressmen have a duty that they aren’t, you know, when they’re made aware of it, if they don’t initiate proceedings to remove this judge, then they have become an accessory accomplice, which is a felony offense, that’s a title 18-3. So as soon as they’re given notice and they don’t do anything about it, they become caught in the web that these judges are caught in. Because when these judges don’t obey their own laws and they help aid and abet, and cover up and conceal, they become accomplices to the crime themselves. It’s their own laws holding them accountable and they don’t like it. So it’s getting real interesting. It may take a while, but you know, they’re claiming I filed false liens, but nobody has given any offer as to what’s false about them. You see these liens, it’s impossible for them to be false because they’ve all got a 90 day administrative grace period where that the lien debtors have the opportunity to contest any part of it if they believe anything is false, fictitious, or fraudulent. And every single one of the lien debtors that have these liens placed against them have failed or refused to contest and thus therefore have defaulted on, and when they defaulted they activated, it’s basically a notice of lien, when they defaulted on it that converted it into an actual lien which then became a negotiable instrument. A negotiable instrument that can be traded on the stock market. It fits under the category of a title 15 security instrument, so you know, that’s what’s giving them headaches. They’re finding out they’ve been violating all these laws and they don’t want it out.
-So it appears the liens that were placed against them must be having some financial impact upon them.
Oh, they are. Because see, after they brought these criminal charges against me trying to claim I filed false liens and they found out they didn’t have anything to stick me with on that, they’re trying to pull this Martha Stewart deal with this conditional release, fraudulent conditional release, to throw me back in jail—that’s what they did. In the mean time, the government then filed a civil lawsuit trying to get a declaratory injunction and relief against these liens. Well, if these liens weren’t any good, why were they worried about removing them?
-Yeah, I can see there’s a bit of a conflict on them.
So, you know, it’s like I told them, if they’re not willing to obey their own laws they ought to go get a job, you know McDonald’s I understand is hiring at some places. They can go get them a job there. But if they’re going to be a judge, especially a federal judge, with the job of enforcing the law and they don’t even understand their own law or aren’t willing to obey their own laws, they got no business being in the judgeship.
-Well, Randy, this is a bit confusing. Aren’t they public servants? Aren’t they there to work on behalf of the people?
That’s right. That 63C-AmJurTV [not sure we got that right!] explains that trustees and employees are servants to the people. They all have a fiduciary duty and when they don’t uphold that duty they’ve committed fraud. Fraud is a felony offense.
-So isn’t that the job of the Attorney General of Nebraska to protect people like yourself? Of course, you’re from Georgia.
Right. It’s a federal case and so it’s Attorney General of the United States that’s supposed to, he’s not doing his job.
-How did you get involved in this to begin with, Randy?
Well, I’m a public minister civil rights advocate and a proxy for the public. In other words, I’m still obeying my military oath to protect the Constitution and the freedoms it provides to my fellow countrymen. And I was called upon by some folks out here in Nebraska. They felt like their civil rights were being violated and I said I would try to assist them if I could if in fact their civil rights were violated. And that’s how I got involved out here because I’m from the state of Georgia. And we recognized there were certain judges who were violating citizen’s civil rights. We brought criminal charges against them. The criminal charges have a 90 day grace period. The judges just stuck their nose in the sand and didn’t contest the charges. And you know, if you go to court and the judge says, well, next Wednesday you got to show up for a hearing, if you don’t show up, they’re going to put a default judgment against you. Well, likewise with this criminal complaint process, this lien process, when these lien debtors or the people who have these charges brought against them, when they default on the administrative grace period, what’s good for the goose is good for the gander. You know, if the government is going to prosecute people for defaulting, then the government officials are going to have to be prosecuted for their default. And that’s what has happened. They’ve all defaulted and now they’re crying the blues, saying, oh, this is false. How can it be false when they defaulted already? It’s impossible.
-So, to make that a little bit clearer, are you saying that when judges make people responsible to pay fines or you know, damages or something in these cases, they’re actually putting liens on people?
-And they can put it on people, but the people can’t put it on them? For their violations?
Well surely they’re not implying they’re above the law are they? [Recording cuts in]
-Sounds like we’re getting short on time.
Yup, only got 15 minutes at a time. Anyways, good talking with you and I’ll try to get you some more information.
Randall Due #3306749
Douglas County Department of Corrections
710 South 17th Street
Omaha, NE 68102
Your return address needs to be full name and address or they may not let him have it. He can get most any kind of mail. Cards need to be signed and no huge ones. The mail is inspected for anything that is not allowed; drugs, metal things like paper clips, staples or knives etc. The inspection is done in the presence of the inmate. Pictures are allowed, but not more than 5 at a time and no nudity. We have sent pictures, but choose NOT to send pictures of people. Wouldn’t want our pictures getting into the wrong hands. Randy said that they don’t get time out of doors except when they are being transported from one place to another. Guys like seeing whats going on, on the outside.
20 August Hearing
Case No. 8:12CR344
U.S.A. – Plaintiff
Randall Due – Defendant
Troy D. Greve, Pretrial Services, is claiming that I violated my “conditional release” by responding to and filing legal documents, as required to avoid a “default judgment” again my person for not responding, into court and public records.
The “conditional release” stated that I could not file legal documents, but through my appointed counsel, Mr. Hug. Mr. Hug refused to do his job, by refusing to protect my natural and civil rights, by refusing to file legal documents for me. Therefore, I was “without recourse” and had to file documents myself or be subject to “default judgment.” Also, Pretrial Services, Scott Howell, refused to answer my request to file legal documents.
As per First Amendment guarantees, I lawfully exercised my “right” to petition the government for redress of grievances. Now I am being politically prosecuted for obeying the Constitution, the supreme law of the land.
The “conditional release” directly violates my First Amendment right to petition the government for redress of grievances.
Events of Hearing
I read the following legal documents and supporting papers for the official record, then had the U.S. Marshall hand the document to the court clerk to be placed into the official court record.
1. Demand “strike plaintiff’s claim” 15 August 2013
2. A distress/replevin and judicial fraud 15 August 2013
3. Judicial fraud – demand show “just cause 2 July 2013
4. And may have read “judicial fraud” 24 May 2013
5. Article VI, Paragraph II of the Constitution: the Constitution is the supreme law of the land and judges are bound thereby.
6. Judicial code of conduct, then asked Mr. Thalken, Judge, if he was going to obey the law. He said yes.
7. Then I had the criminal complaint against Judge Thalken served to the court clerk by a U.S. Marshall to be entered into and filed with the court and made it clear that it was to be filed on its own and not in this case.
8. Then I read again to the judge 28 USC 455 and NE Statute 24 – 739 and the judicial code of conduct concerning: Disqualification of judge
9. –Disqualification of Judge—If defendant has any reason to believe that the judge is bias and/or if judge has any financial interest in the case, then the judge must recuse himself from the case. Because of the civil rights damages ledgered in the criminal complaint, Mr. Thalken has a direct financial interest in my case.
10. I then demanded Mr. Thalken to immediately recuse himself from my case. He refused to recuse himself!! He stated my demand was “dismissed.”
How is Mr. Thalken obeying the law when he refused to recuse himself because of the aforesaid “conflicts of interest”?
11. Judge Thalken then dismissed the hearing by telling me that I had until September 9 to file pretrial motions.
First event of hearing/Mr. Hug
For the official record I again terminate Mr. Hug as my counsel or as standby counsel. Judge Thalken attempted to impose/force Mr. Hug on me, but I demanded and got Mr. Hug terminated/fired permanently from my case.
Additional conflict of interest/Judge
The First Amendment guarantees citizens the right to assemble peaceably, to petition the government for redress of grievances.
This is all I have ever done as a public minister/civil rights advocate attempting to protect the freedoms of life, liberty, property, and pursuit of happiness of my fellow countrymen, as I took a military oath to do.
Now I am being politically prosecuted for obeying the Constitution, the supreme law of the land.
Remember my fellow countrymen, what can happen to one can happen to all.
If we fail to stand up against this arrogant attitude of some of the judges now, what will you do when they send their goon-squad to knock on your door?
What will we tell our grandchildren when they ask us what we did as grand-parents to stand up and fight to protect their freedoms, when they learn they have lost all their freedoms.
What are we doing as parents to protect our children’s freedoms?
Do we claim to be a “Christian”?
“Faith without works is dead”!!!
We have a duty and obligation to not only our children and grandchildren, but to our creator God, to protect the natural rights of the least among our-selves.
What will we have to say when we are called before the “judgment day”?
Now is the time for all people of goodwill to stand and come to the aide of America to protect the freedoms of our children and grandchildren.
20 August 2013 Court Hearing [more details]
In Omaha, Nebraska
30 August 2013
U.S.A. vs. Randall Due
Subject Matter: Violation of “Conditional Release”
The Facts vs. Hearsay
Feed-back from a woman present as a witness – I did not defend myself from the evidence presented by the prosecuting attorney against me.
The lack of “full disclosure” of all information at the “foundation” of the subject matter, causes people to be confused, confusion causes “deception,” “deception” provides for more “profit”!
Profit for the slaughterhouse operation known as the legal court system, which no longer has or operates upon the principles of truth and justice.
What “full disclosure” foundational information was lacking?
A case stops at its 1st defect!!!
What is the 1st defect in this subject matter: the “conditional release”???
Absolutely no “contractual nexus” exists between me and the court system, which contains my “authorizing signature”,
Whereby I waived my 1st Amendment right to petition the government for a redress of grievances.
Because there is no “contract”, all of the prosecuting attorneys claims, that I filed documents into court and public records are moot!!
Without a valid “contract” the “conditional release” is null and void on its face.
Because Judge Thomas D. Thalken violated my 1st Amendment right to petition the government by imposing “additional” conditions in the “conditional release” contract, the “conditional release” contract was null and void from the very beginning.
The document “demand to ‘strike plaintiff’s claim,’” which I read for the official court record, then had the U.S. Marshal to hand serve it on the clerk of the court to be entered into the official court record, reported this major “defect,” but Judge Thalken just ignored it.
There was no lawful reason for me to waste my time arguing about each claim that I did or didn’t file this or that document into some court record or some public record.
These claims have absolutely no “contractual nexus” upon which to attach themselves to make these claims relevant or valid. Therefore, the allegations/claims were moot!!
Many Americans were not taught, nor did they learn what their natural and civil rights are; like the 1st Amendment rights of freedom of religion, speech, press, and the right to petition the government for a redress of grievances.
How many common citizens even know what “petition the government for a redress of grievances” means, let alone explain it to another person?
How many citizens know that when any judge denies any citizen the right to file documents into court records or into the public records, that this is a denial of the citizens’ right to petition the government for redress of grievances?
How many citizens know that this violation is a felony offense by the judge?
Criminal law: Title 18 USC Section 241
-Conspiracy against rights-
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory, or district, in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States (or because of him/her having exercised the same).
Subject Matter of the “Conditional Release”
I, Randall Due, undersigned my signature with “UCC 1-308,” whereby I reserved all of my natural and civil rights.
I accepted the conditions that I would show up for any lawful court hearing/trial, but I refused to give up/waive my natural and civil rights.
The freedom and right to petition the government is an “un-a-lien-able” right, which means that no man can lawfully take this right away from any citizen, as Judge Thomas D. Thalken has done to me, and has falsely thrown me into jail.
Because many citizens do not appear to understand this basic right, or for whatever reason, people have been greatly deceived and are losing one of their most basic freedoms.
The good book declares: “my people perish/are destroyed for lack of knowledge.”
What are we going to do when they come knocking on our door and take away
our freedom of religion?
Or freedom of speech?
Or freedom of press?
Or freedom of right to keep and bear arms?
Or any other freedoms we may enjoy?
Now is the time for all people of good will to come to the side of our country!
“The world is a dangerous place to live, not because of the people who are evil, but because of the people who don’t do anything about it.” –Albert Einstein
I am only one, but I am one, I cannot do everything, but I can do something.
-Now is the time-
To stop corruption in all of our government and hold our public officials accountable!
“This Constitution, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary not withstanding.” (U.S. Constitution, Article VI, Paragraph 2.)
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 384 U.S. 436,491.
“Our Bill of Rights curbs all three branches of government. It subjects all departments of government to a rule of law and sets boundaries beyond which no official may go. It emphasizes that in this country man walks with dignity and without fear, that he need not grovel before an all powerful government.” Justice William O. Douglas, U.S. Supreme Court
By our failure to take positive action, we shall be just as guilty as those taking our freedoms away from us.
Randall Due aka Randy Due, public minister/civil rights advocate, proxy for the public.
26 August 2013
I have a nice 12×12 room by myself because of the wheelchair, otherwise I would be double bunk with another inmate in a smaller room, approximately 8×12 size. This place is much nicer than any of the other jails I was in. So glad I got to stay and move into the mod where “J” is. Now we put our heads together and are working a better plan.
I expect it to take some time to get justice, but I do expect to obtain justice at some point.
It just takes a lot longer to accomplish the same filings etc because of having to wait on mail and send back and forth to get a finished document ready to notarize.
The plus side is that I have more time to focus on the issues at hand.
I generally wake up from 3-4 AM in morning and it is quiet, so I work on legal ideas that have gathered in my mind during sleep until 5-6. Then I may lay down for ½ to 1 hour and get up and work on ideas more.
Generally I will lay down until an idea enters my mind, then get up and write it down, then lay down until the next idea falls in place. Sometimes I will have lots of ideas, which take awhile to get all written down.
Breakfast is around 7-8 AM and I have guys who look out for me and make sure I get taken care of. One man, a friend of “J”’s has declared himself my bodyguard, not that I need one in this mod.
I try to help people with legal questions. More and more come and ask questions as they learn about me. There are 65-70 inmates in this mod. This mod is a program mod for inmates who want to change for the better, still some are in here as a show.
After breakfast some have to go to classes for 1 hour. 9-10 or 10-11, etc. Generally around 11 AM is noon meal until noon.
Between classes inmates play cards, watch TV, play basketball/volleyball in a small enclosed court. The day room in the center of the mod is surrounded by 2 stories of cell blocks on either side. We eat in day room and they play cards/chess/checkers/Scrabble/watch TV/etc. during day between classes.
After noon meal at about 2 PM we have lock down for 1 hour where everyone is locked in their cell block rooms. I do not mind it at all. I like more peace and quiet. I can think and focus better on how to solve problems.
There are classes, if you are enrolled in the program, in the afternoon as well. Mail comes in the morning around 11 AM.
Evening meal is around 6 PM.
Lockdown at night is around 9:30-10 PM. If somebody causes trouble, they will lock down during those times. In mod 18, which I was first in, they always had certain cells locked down all the time. This mod doesn’t have so many trouble makers in it. In this mod if you do not follow the rule you are kicked out and returned to the regular prison cell blocks.
I generally lay down 10-12 PM. I will lay down some during the day if my [medical condition] acts up on me.
Randy Due, veteran and resident of Georgia, believes strongly that public officials should be held to their oaths to uphold the Constitution. When he joined the military he took an oath to defend the Constitution and now sees some public officials violating their oaths. In an attempt to correct the situation he has placed a lien on a judge, and has been jailed in retaliation. This blog seeks to support Randy Due in his efforts.
Randy in action: