Blue Wolf -- Eluvatar

Blue Wolf II

A Wolf Most Blue
-
TNP Nation
Blue_Wolf_II
Since the Attorney General so demands it, I shall repost my prior request for charges to be filled here.

A recent court ruling regarding a FOI request related to this supposedly official release of information ruled that the information was not, in fact, released by the government at all, but by an unnamed association of TNP members whom are outside the government entirely.

It is therefore obvious that Delegate Eluvatar was not acting in an official government capacity when that information was released, thus violating several laws:

TNP LAW 22:
Section 2: Espionage
A - "Espionage" is defined as the use of a Nation or Persona within The North Pacific for the purpose of gathering information for a group or region not officially sanctioned by the lawful government of The North Pacific as governed by the Constitution and the Bill of Rights.
B - The information gathered must be of a nature that a person that has not registered on the official forums or has not attained Regional Assembly status would be unable to access it without circumventing real-life legal means.

C - Exceptions may be given to members of the military and intelligence services of The North Pacific, with the consent of the Delegate and the appointee of the Delegate who commands the military or intelligence services of The North Pacific. This exception is only valid when on officially sanctioned missions for the purposes of perserving Regional security and the Constitution and the Bill of Rights.

By the Court's most recent ruling, Eluvatar used his position of Security Council member and Delegate to obtain information that he otherwise would not have been able to obtain. He did so, according to the court, to fulfill the goals of a group outside the government entirely if this was not true, the FOI request would have been granted. In fact, by Eluvatar's own claim the information obtained was given to a group outside government control, as a matter of fact he used it as a justification for not fulfilling a FOI request and this claim was later verified by the Court itself.

It is quite clear that evidence exists to suggest that Delegate Eluvatar used his official position to obtain information that otherwise would not be accessible, as shown in a logged conversation between myself and Justice Hileville, whom allowed me to re-post this with permission.

<Hileville>: Elu got the log more or less because of being in TSP's cabinet and his position in TNP at the time.
<Blue_Wolf>: What was his position in the TNP at the time?
<Hileville>: SC.
The original posting may be found here.

The Court's most recent ruling suggest that this information was gathered on the behalf not of TNP government but for some as of yet unnamed group within TNP, acting outside government constraints and sanction. This leads to the next charge to be filed

Section 4: Election Fraud
A - "Election fraud" is defined as the willful deception of voters or residents of The North Pacific with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
B - "Impersonation" is defined as behavior that fraudulently assumes or acts the character of an extant or former nation or otherwise fraudulently pretends to represent any part or whole of The North Pacific and its government.

If the any of the above is true, Eluvatar is also guilty of Impersonation, specifically when he pretended to represent TNP's government in order to obtain information for a non-official, non-governmental group existing within TNP.

These are the charges I am filing this day, 22 Jul 2012. Due to a conflict of interests, I am removing myself as Associate Justice in this matter and suggest flemingovia as my replacement. I also ask for both the Attorney General and the Chief Justice to temporary step down and name replacements, in regards only to this specific matter, as both have a very clear involvement/conflict of interests in this case and both may later be asked to take the stand.

-Wolf

I would once again like to point out conflict of interests the Attorney General, the Chief Justice, and I all have in regards to this case and, once again, will restate my intention to step away from this case in an official capacity and insist the AG follow the example of the Chief Justice and do the same.
 
I would like to draw the Attorney General's attention to the protocol I followed with the complaint by Romanoffia against Blackshear in the hopes that it will be helpful.
 
By the delegate's own admission, this matter does not concern the Security Council. Eluvatar has stated, on multiple occasions, that the group in question is "nongovernmental" and the Court as also ruled as such. The Security Council, being part of the government, can not be ruled a "nongovernmental" group.
 
Blue Wolf II:
By the delegate's own admission, this matter does not concern the Security Council. Eluvatar has stated, on multiple occasions, that the group in question is "nongovernmental" and the Court as also ruled as such. The Security Council, being part of the government, can not be ruled a "nongovernmental" group.
What is this in regards to?
 
:headbang:

In one case there was an allegation involving discussions within the Security Council, now you have an allegation involving discussions in another group, the principle is the same...
 
Well, the first question is whether the logs were of a governmental or non-governmental communication between Blue Wolf and Hileville, and as importantly, which government(s)?
Can't tell that from the logs.
Second, if it is evidence of a planning to commit a crime on the part of the sitting Delegate of the North Pacific (a reasonable reading of the content of the logs(s), then such officer's use of the law to cover up his possibly criminal conduct raises a question that would have to first be resolved.
Third, in view of the corrupt manner in which Blue Wolf as a sitting Associate Justice has corrupted the appointment of temporary hearing officers, and in view of the fact that there is no elected member of the Court who has not already been compromised in this case, it would be an act of utter futility to pursue or to have an Assistant Attorney General pursue that matter.
So any decision on the complaint from Blue Wolf as to Eluvatar is to be held in abeyance until such time as this office can determine a way to proceed without bias or conflict on the Court, or in the appointment or service of any temporary hearing officers.
In connection therewith, I hereby request the Court to publish any and all prior or private discussions among the members of the Court at the time with respect to the appointment of temporary hearing officers in this matter. It is necessary to request this material in order to assure that any process or appointments of a temporary or elected Justice on this matter is in fact free of bias or prejudice to all sides.

If I am unable to ascertain a fair, free and unbiased panel on this complaint, then no purpose will be served to allow an indictment to be filed with the Court since the process would have been corrupted by Associate Justice Blue Wolf's apparent actions as already posted in the public areas of the forum as well as materials that have been posted for public view.
 
Mr. Barky, why are you ruling on this? You have a conflict of interest in the matter and should have removed yourself from this case the instant you saw it. As much as you'd love to spin it that I'm the bad guy, if anyone is corrupt in their actions here and guilty of abusing their power, its you and its fairly obvious your actions are self-serving and not in standing with the office you occupy.

Since you're a member of the group which Elu stands accused of gathering intelligence for, I once again request you remove yourself from these proceedings. If you have even a shred of integrity left, I hope you will comply.
 
Grosseschnauzer:
I hereby request the Court to publish any and all prior or private discussions among the members of the Court at the time with respect to the appointment of temporary hearing officers in this matter. It is necessary to request this material in order to assure that any process or appointments of a temporary or elected Justice on this matter is in fact free of bias or prejudice to all sides.
Request Denied.
 
Several matters which involve Blue Wolf II will be referred to a Special Assistant Attorney General for a determination of whether a criminal proceeding is possible without issues involving ex post facto laws, or other jurisdictional issues, and whether, as an alternative, a civil proceeding is warranted.

Since the newly adopted revision of the Constitution expressly permits the Court to hear and determine civil cases, it is necessary to decide what is a civil case. I would view a civil case as being any claim or proceeding that cannot be brought as a criminal case for any reason, and I direct the Special Assistant Attorney General to apply that standard in making a determination on these matters. Should a civil case result from this referral, then the Special Assistant Attorney General is further directed to raise this legal question to the Court.

The matters being referred include the following:
1. Blue Wolf's filing against Eluvatar, whether as a criminal or civil matter. The claims alleges acts that pre-dated the repeal of the old Legal Code. As noted in another matter determined earlier today, that repeal was without a savings clause, and as such, the former law was nullified as to all purposes, as noted in the post from the Thor, et al. complaint filed by Eluvatar:
"ex post facto" in real life refers to the following principle:
See http://legal-dictionary.thefreedictionary.com/ex+post+facto

ex post facto adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9. Therefore, if a state legislature or Congress enact new rules of proof or longer sentences, those new rules or sentences do not apply to crimes committed before the new law was adopted.

as to "repeal" of a law, see http://en.wikipedia.org/wiki/Repeal

A repeal is the removal or reversal of a law. There are two basic types of repeal, a repeal with re-enactment (or replacement) of the repealed law, or a repeal without replacement. The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand an action or order previously adopted by the assembly. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed."
and more to the point, from the same source:
Repeals with or without savings

Repeals can be with or without savings. A repeal without savings eliminates the repealed statute completely. A repeal with savings preserves the effect of the repealed statute for limited purposes, such as acts already done or in hand, or regulations made under the repealed Act are continued in force. In England and Wales, sections 15 to 17, and section 19(2), of the Interpretation Act 1978 set out general savings and similar provisions exist in the law of Ireland and other common law countries.

As I noted in the above post, the old legal code was repealed, and I will add that it was repealed without a savings clause. The fact that the old code was replaced with a new legal code does not change the fact that the old law no longer exists, and that the new code, having been enacted without a savings clause, cannot be applied to acts that took place before its enactment, as that would violate the ex post facto provision of our Bill of Rights.

In addition, I am referring to the Special Assistant Attorney General to determine, using the same legal standards, whether there is sufficient evidence, based upon the log referenced by Blue Wolf, to bring a criminal or civil case against Blue Wolf for violation of his oath of office in his conduct as described in that lag, and if so to file an appropriate criminal or civil proceeding in the name of The North Pacific.

Further, I am referring to the Special Assistant Attorney General to determine using the same legal standards, whether there is sufficient evidence, based upon the Court's determination of the illegality of Blue Wolf II's expulsion of Govindia's nation from The North Pacific while serving as Delegate contrary to former Law 28 and former Article Vi of the Constitution, as a civil action in the name of The North Pacific.

Finally, I am referring to the Special Assistant Attorney General to determine using the same legal standards, whether there is sufficient evidence to bring a criminal or civil action against Blue Wolf II for abuse of his office and violating his oath of office as a sitting Associate Justice in substantively participating in the following thread located in the Attorney General's office, and expressing opinions thereon knowing that if the matter was filed with the Court as a criminal indictment for trial, that he would be part of the Court hearing such a proceeding, namely, Astarial's complaint against Empire of Narnia

The Special Assistant Attorney General is further directed to file appropriate motions with the Court to have Blue Wolf II disqualified from hearing any case to which the office of the Attorney General is participating whether civil or criminal on the grounds of bias and lack of impartiality, conflict of interest, and or the possibility that he will have to be called as a witness in such proceedings.

Accordingly, all of the above described matters are referenced to former Chief Justice FALCONKATS as Special Assistant Attorney General.
 
I would like to submit for reference this decision by the Court of The North Pacific that the Attorney General's interpretation that the old Legal Code cannot be used to prosecute offenders from when it was in force is invalid.

Specifically, the court's ruling was delivered here. Unfortunately as that ruling was archived I cannot easily quote it for your convenience.
 
I was not a party to that proceeding nor given an opportunity to respond on the matter.
I will not bring cases, that in my judgment will not result in a conviction. If y'all want an Attorney General to be a rubber stamp, change the law. I will not be a rubber stamp.
 
Your opinion is also bias as you were part of the group that Elu is accused of passing info to, but let's just ignore that, that's clearly not important, after all, Gross the God is the Law.
 
Grosseschnauzer:
I was not a party to that proceeding nor given an opportunity to respond on the matter.
I will not bring cases, that in my judgment will not result in a conviction. If y'all want an Attorney General to be a rubber stamp, change the law. I will not be a rubber stamp.
I don't understand what you mean....
 
Grosseschnauzer:
In addition, I am referring to the Special Assistant Attorney General to determine, using the same legal standards, whether there is sufficient evidence, based upon the log referenced by Blue Wolf, to bring a criminal or civil case against Blue Wolf for violation of his oath of office in his conduct as described in that lag, and if so to file an appropriate criminal or civil proceeding in the name of The North Pacific.

Further, I am referring to the Special Assistant Attorney General to determine using the same legal standards, whether there is sufficient evidence, based upon the Court's determination of the illegality of Blue Wolf II's expulsion of Govindia's nation from The North Pacific while serving as Delegate contrary to former Law 28 and former Article Vi of the Constitution, as a civil action in the name of The North Pacific.

Finally, I am referring to the Special Assistant Attorney General to determine using the same legal standards, whether there is sufficient evidence to bring a criminal or civil action against Blue Wolf II for abuse of his office and violating his oath of office as a sitting Associate Justice in substantively participating in the following thread located in the Attorney General's office, and expressing opinions thereon knowing that if the matter was filed with the Court as a criminal indictment for trial, that he would be part of the Court hearing such a proceeding, namely, Astarial's complaint against Empire of Narnia

The Special Assistant Attorney General is further directed to file appropriate motions with the Court to have Blue Wolf II disqualified from hearing any case to which the office of the Attorney General is participating whether civil or criminal on the grounds of bias and lack of impartiality, conflict of interest, and or the possibility that he will have to be called as a witness in such proceedings.

Accordingly, all of the above described matters are referenced to former Chief Justice FALCONKATS as Special Assistant Attorney General.

I would like to point out to the Attorney General at this time that the above has absolutely nothing to do with the charges I am filing against Eluvatar and would request that such musing, as wonderful baseless as they are, be split off into a separate thread.

On another note, I am filing criminal, not civil, charges. That's been pretty clear since day one and the need to determine the nature of the charges (criminal vs. civil) has never been a factor nor does it even need to be discussed. I'm baffled as to was it was even mentioned here.

Finally, when can we expect to hear from this Special Assistant Attorney General about this case and not the several other cases the current Attorney General would clearly liked to have opened against me?
 
I am referring everything involving you to the Special Assistant Attorney General for handling.
I have the right to do so, and if you don't like the possibility of civil cases, that's too bad. The constitution now permits civil cases, and you're not in a position to dictate the scope of the referral.
In fact there is one other item I think I will refer after I retrieve the relevant thread links.
 
And you'll have to ask Falconkats about the time frame; that is totally up to him and his schedule.
There is no time limit on deciding to file a case, there is nothing in the constitution, the legal code, the court rules, or in common sense that sets a deadline.
 
yes I did know that I was selected as the Special Assistant Attorney General and in rending my decision after reviewing the record I cannot bring charges to the court of the civil case against Eluvatar due to the fact that a civil case could only result in either punitive damages and also if there was a violation of the oath of office there should have been an impeachment vote or a no confidence request.

To reiterate my position and decision I cannot on good faith bring this case before the Court for a Civil Case. due to the fact that this is a civil matter and not for a criminal court to hear

Falconkats I
Special Assistant Attorney General
TNP
 
Inasmuch as Falconkats, as the Special Assistant Attorney General has dismissed the matter and has decided that no indictment is to be filed, the matter is closed.
 
As an observer of this case, may I point out that this is a criminal case and not a civil case and so FALCONKATs ruling is totally useless.

Not to mention that the new constitution just gavee this court the power to hear civil cases anyway.
 
I believe that this matter has to be held under the old legal code.

But I do agree that this is not a civil matter, so his ruling makes little sense.
 
mcmasterdonia:
I believe that this matter has to be held under the old legal code.

But I do agree that this is not a civil matter, so his ruling makes little sense.
Why if that is the case did Grosse wait for the new constitution?
 
Soooo Falc did not work out who was the actual defendant and who was the plaintiff, and did not work out that it was a criminal not a civil case (a fact evident to just about every observer), and came up with a ruling that is a total gibberish....

and the professional opinion of the Attorney General is that he is happy with this?
 
Also, wasn't the AG bitching and moaning before because the suggestions I made to FALC regarding my replacements were "corrupted"? Yet he just named his own replacement...

Whose to say that FALC wasn't hand picked by Gross the God to say exactly what the God wanted him to say?

I formally request that Funkadelia, the only Judicial official without personal involvement in the matter, review the appointment of FALCONKATS to Special Assistant Attorney General to determine conflict of interests.


Edits: Gross, being quoted for honesty

Third, in view of the corrupt manner in which Blue Wolf as a sitting Associate Justice has corrupted the appointment of temporary hearing officers, and in view of the fact that there is no elected member of the Court who has not already been compromised in this case, it would be an act of utter futility to pursue or to have an Assistant Attorney General pursue that matter.
 
Blue Wolf II:
Also, wasn't the AG bitching and moaning before because the suggestions I made to FALC regarding my replacements were "corrupted"? Yet he just named his own replacement...

Whose to say that FALC wasn't hand picked by Gross the God to say exactly what the God wanted him to say?

I formally request that Funkadelia, the only Judicial official without personal involvement in the matter, review the appointment of FALCONKATS to Special Assistant Attorney General to determine conflict of interests.


Edits: Gross, being quoted for honesty

Third, in view of the corrupt manner in which Blue Wolf as a sitting Associate Justice has corrupted the appointment of temporary hearing officers, and in view of the fact that there is no elected member of the Court who has not already been compromised in this case, it would be an act of utter futility to pursue or to have an Assistant Attorney General pursue that matter.
All rules regarding interests apply to the Court Justices. No such rules have been adopted for the Attorney General.

I don't believe the Court has the power to make such rules for the Attorney General; any such rule would have to be set by the Regional Assembly.
 
Grosseschnauzer:
Inasmuch as Falconkats, as the Special Assistant Attorney General has dismissed the matter and has decided that no indictment is to be filed, the matter is closed.
Why do you continue to disrespect the Man by continuing to discuss this? :fish:

The Man has spoken

The matter is closed.
 
Blue Wolf II:
Eluvatar:
What do you base this opinion on?
The Attorney General's own ruling.
If I can help clarify BWII here, I am quite sure he is referring to the AG stating that the court that consisted of Hilevile, BWII, and FALCONKATS was not allowed to make their own selection for a temporary AJ, because the first two had personal involvement and the third was claimed to have been corrupted by BWII. So by that logic, I believe BWII is saying that if the Court cannot (or could not, at least) choose replacements, then the AG should not be able to either and that should be decided by someone else.
 
Correct. My "appointments", which were actually suggestions to the only uninvolved Justice, weren't valid because, according to the Attorney General, they were "corrupted". Then, by the Attorney General's own logic, any appointment he makes is similarly "corrupted" and shouldn't be allowed.

This is unless, of course, the Attorney General has had a complete and sudden change in heart when it comes to his outlook on "corruption". He likes to do that when it convenient for him to do so.
 
This is ridiculous. I'm totally disgusted by the ruling in this case.

Come on people...these are legit criminal charges against the sitting delegate!!

It's not a civil case and had grosse not waited until after the omnibus constitution we'd have resolved this by now.

Totally disgusted...There is no justice system in TNP...just HIS system. This incident is embarrassing.
 
I would like to appeal the decision of the Special Assistant to the Attorney General on the grounds that it makes less sense than Naked Lunch, and completely fails to provide my defense team the opportunity to destroy the ridiculous arguments presented by the complainant.

As punkd appears to have a legal mind, and interest in persecuting me, perhaps he could be selected as a more lucid Special Assistant to make a determination and possibly prosecute?
 
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