Public Comment 7-21-25, Malia Sturgessb¢ Freed,
3
1787 11112023'
TANAWAH DOWNING
CIVIL RIGHTS LITIGATOR & ADVOCATE
Honorable Commissioner or Councilman,
I'm writing to you today to inform you of a situation that is of the utmost urgency and asking that you
immediately take action to investigate the non-conformance of Constitutional obligations that I have outlined
below. Be advised that this dispute has been submitted to the United States Supreme Court and Article III has
been invoked by a United States Citizen demanding that the Court fulfill the obligation of Original Jurisdiction,
as codified within the United States Constitution. As a Constitutional obligation, when Article III is invoked,
because a State is named a Party, the obligation is not discretionary and non-delegatable and must be
performed. Failure to do so would be a breach of Constitutional obligation resulting in a public wronging.
Unfortunately, the Clerk of Court is obstructing the administration of Justice by refusing to docket the case,
which is of course a crime and intentional refusal to enforce the body of laws governing this nation, by an agent
obligated to do so as a result of the Oath or Affirmation taken upon entry into their Office. I will be addressing
these criminal acts in the very near future, however, the intent of this letter is to bring to your attention a
different matter and to give you and your office sufficient time to consider the issue so that you can be
adequately prepared when it is brought forward to the public domain.
As an Advocate for the People, I hereby submit this Action Item request to you to immediately take action to
address these direct, willful deprivation of rights secured by and enumerated in, the Constitution for the
United States of America, by states subjected to the jurisdiction thereof.
Let me be clear, I am not trying to change the laws, rather I am pointing out what the laws state and that the
ways in which they are being enforced directly contradict with what is specified. Therefore, I am not trying to
change the laws, I am asking that we enforce them. If the laws state that something will be done, in a certain
way, then we must follow that way. Laws do not change arbitrarily, that is tyranny. Constitutionalism demands
that the laws evolve only through suffrage therefore, it is up to the People to decide whether or not the
Constitution applies to them and not a judge or a State. If in the opinion of the People of the United States, any
of the provisions or guarantees of the United States Constitution be in any particular way wrong, then let it be
corrected by an amendment in the way in which the Constitution so designates. Until, if and when that time
comes, every single United States Citizen is entitled to every single right secured by and enumerated in the
United States Constitution, regardless of where they choose to reside within the jurisdictional United States
of America.
NOTICE OF CONSTITUTIONAL NON- CONFORMANCE
Currently, there are more than 700,000 people across the United States who are imprisoned on direct, facial
Constitutional violations, because their judgements derive from direct breaches in Constitutional obligations
by numerous states that are acting in direct, willful defiance of the procedures and processes codified within
the United States Constitution for the adjudication of crimes. Unfortunately, any judgement rendered as a
result of a breach of Constitutional obligation is unconstitutional because such judgements are tainted by the
illegality of the way in which they were obtained. No judgement can be Constitutional if they derive from an
unconstitutional act.
Clause 1 of Amendment 5 to the United States Constitution states, "No person shall be held to answer for a
capital or otherwise infamous crime unless on presentment or indictment by a Grand Jury." That is clear, no
person can be arrested and held to answer for a capital or infamous crime unless upon a presentment or
indictment by a grand jury. Title 18 USC §4083 defines an infamous crime as, "Any crime punishable by more
than 1 year imprisonment in a penitentiary."
There are 13 states that outright do not conduct a Grand Jury proceeding at all, including the State of
Washington. These states are choosing to charge persons for infamous crimes by information and not by
indictment, as Constitutionally required, however, according to Title 18 USC §555, "Information can only be
used for other than infamous crimes." As a result, millions of United States Citizens have been deprived of Due
Process and are now unlawfully imprisoned because the states failed to adhere to the procedures and
processes required for the adjudication of crimes, resulting in judgements that are void and completely
without force or effect under Civil Rule 60.
This systemic failure of the Justice System to adhere to the agreed upon code of conduct established by the
majority goes far beyond those 13 states that are acting in direct, willful defiance of the Constitution because
most other states permit the Prosecuting Attorney to charge by Indictment or Information, as required by law,
such as the State of Oklahoma or the State of Florida. Unfortunately, states do not have the power to substitute
their own alternative legislation for the provisions and guarantees of the United States Constitution and if they
do, then the "Judges in every state are bound thereby anything in the Constitution." According to the Rules of
Civil Procedure, "Rules must not conflict with statutes, nor impair the rights of the party's involved in the
dispute, thus a court has no power to create a rule which would constitute a waiver of a Constitutional right."
Or as stated by the United States Supreme Court in the case Miranda v. Arizona, "'Where rights secured by the
Constitution are involved, there can be no legislation created nor rule made which would abrogate them."
Furthermore, sedition is defined as, "The speaking or writing of words, such as law established, to cause
disaffection to the Constitution in order to procure its alteration in anyway other than lawful manner." Our
Constitution is a rigid Constitution that can only be altered in accordance with the Special Amending
Procedures found within Article V. Any attempt to alter it in any other manner, such as by legislation enacted
by a State, would be an act of sedition by a body of men attempting to procure its alteration in any way other
than lawful manner. There is only one way to change the Constitution and that is through an authentic act of
the People and until that happens, the Constitution is wholly with force and effect on all persons individually
and collectively.
When a Prosecuting Attorney chooses to rely upon a state statute to deprive a person of a right secured by and
enumerated in the Constitution for the United States of America, that act is a crime called Deprivation of Rights
under Color of Law (Title 18 USC §242) and when a state judge chooses to hold a person over for trial without
having the proper charging instrument, as Constitutionally required, that judge has entered into a Conspiracy
to Deprive of Rights (Title 18 USC §241) and when that judge then orders law enforcement to perform an arrest
on that individual without the correct charging instrument, as Constitutionally required, those performing the
arrest are complicit in the criminal conspiracy and the crime of kidnapping has occurred, which if the crime
of Deprivation of Rights under Color of Law occurs in conjunction with a kidnapping, the penalty is death, as
prescribed by law. This is a very serious matter that happens in every single state across the nation, every
single day effecting millions of United States Citizens and it is imperative that the Legislative Branch
immediately take action to correct the criminal acts of those enforcing and administering the laws of our nation
unlawfully.
In light of the evidence raised, as well as the supporting evidence that I can provide, upon request for the
deprivation of Constitutional rights for millions of United States Citizens, I again implore you and appeal to
your honorable nature to immediately initiate a public investigation of these criminal acts to ensure that those
tasked with administering and enforcing those laws of this nation are doing it in compliance with the authority
with which they are invested by law and when it is determined that there was an abuse of delegated authority,
that any and all liberties be immediately restored to all effected party's without delay or obstruction. Any
person who pays any public official to act unlawfully, are subject to criminal sanctions, which carry a possible
punishment of death, as prescribed by law. I would advise this commission to immediately cease any further
payment, benefits, or programs which permit any public official to act contrary to the Supreme Law of the
Land.
While it is not the duty of a servant to question the motives of his superior, if he has reason to believe that his
acts are unjust, he should obey his conscience and refuse to comply. Ultimately, the servant of a tyrant cannot
take refuge in the excuse that he was just "following orders". Therefore, in the wise words of President
Abraham Lincoln, "I do suppose that it will be much safer for all, both in private and public station to abide by
and conform to, all those acts which stand un-repealed, than to violate any of them trusting to find impunity in
their absolute immunity." Absolute immunity only covers civil liability and not criminal liability, so any
deprivation of Constitutional rights under the authority of an inferior law or ruling is a crime that no public
official can avoid liability for violating and the punishment, as required by law, is one which none of them want
to be enforced.
I am available for discussion, should this governmental body desire my professional guidance in further
understanding or addressing this matter, as I am currently actively engaged in bringing this matter to the
attention of the public and preparing to present this debate to the United States Supreme Court. Your timely
response to this matter is in the best interests of your constituents and this nation.
Respectfully and Peacefully
a Servant of Justice,
Tanawah M. Downing
Chief Legal Strategist
The We Shall be Free Tour
(843) 834-8964 cell
(771) 215-6455 secure
tanaxvandowning@gmaii.com
www.tanawah.com