Writ of Mandamus: A Citizen’s Right of Petition

….United States District Court of Eastern Kentucky released a maelstrom of critical attention toward and personal attacks from the ineffective "Old Guard" of anti-illegal immigration organizations directed at both Writ author Jenean McBreaty and at me.

Why are we the alleged targets of these vicious and undeserved intense reactions from such, faux and unconstitutional yet dubiously oft revered professional representative organizations, of illegal foreign and clearly alien to the American lawful immigration policy? Why would Mike Hethman of the “Immigration Reform Laws Institute (IRLI)” feel compelled to represent IRLI and the Federation of Americans for Immigration Reform and demand, not once but twice, for us to "withdraw the – Mandamus – suit"?

They, by Mike Hethman, I submit to you all, are spuriously claiming that granting my / our filed “Writ of Mandamus” allegedly would compromise their, unconstitutionally, active law suits throughout the country? We pose no threat to anything he is working on, except perhaps, rendering his cases moot, should we prevail.

Why would Director Ron Woodard of NCLISTEN publicly muddy his personal credibility by launching a serious email effort, distributed nationwide to anti-illegal immigration proponents unwittingly, in order to malign, insult, and rebuke us including misogynistic admonitions towards Jenean and condescending attacks hurled at us both for "not asking permission" from the "leaders" of these aforementioned organizations.

How dare we?!

Here's both the "why" and the "how." For over a decade the "Old Guard" organizations have received millions of contributed dollars from Patriots who trust them to be good stewards and trust them to represent their members' interest in "Preserving, Protecting and Defending" the United States Constitution and the National Security within our borders from the onslaught of illegal immigration. While we each apply our respective resources on the state and local levels, we look toward FAIR, IRLI, NCLISTEN, et al to apply freely donated resources in support of their legal and political lobbying efforts on the federal level.

For more than 15 years our nation has suffered from an increase of illegal immigrants by as much as 25,000,000 or more! Does anyone see the clear disconnect here? Is this what lawyers call success? If it isn't then I am convinced it has at least been lucrative for them or they wouldn't keep doing it. If it is what they consider success then I say get the hell out of the way and quit taking our hard earned cash! If we are to wait any longer for the results you claim we should wait for then I predict a number of outcomes: you "lawyers and leaders" will continue to enjoy gainful and comfortable employment, you will retire before achieving your mission's goal, we will lose money to you AND to illegal immigrants simultaneously, and our country, language and culture will be relegated to the annals of history in short order.

I won't follow this type of "leadership" anymore than I would follow a lead lemming. You'll have to make your own choice.

I really did start my anti-illegal immigration efforts by trying to get along at my local and state levels. Really! Fourteen months ago I spoke in a community meeting for three minutes in an impassioned plea to curtail the explosion of illegal immigration, concomitant with all of its negative consequences, throughout the Bluegrass thoroughbred region of Kentucky. Lexington and Kentucky have clear written and unwritten demonstrated Sanctuary policies. I wanted to express my sincere concerns. I had personally attended the Lexington Hispanic leadership organizational meeting in 2001 for Hispanos Unidos and the Kentucky Coalition for Immigrant and Refuge Rights. With the bi-weekly publication La Voz de Kentucky to spread their propaganda, they espoused their objectives underscored by using the principles of La Raza. They placed their sights on "gaining political influence" in Lexington and planned to back that up by bringing "as many migrants as possible into Lexington." Our Hispanic population has nearly tripled in 7 years since that meeting of 25 influential Hispanic churches, professional and civic leaders. Ironically, the main organizer of that initial meeting has been, and is now, the advisor on Hispanic Affairs to the current and past mayors of Lexington, Immigration attorney Josh Santana.

The "leaders" of Kentuckians for Immigration Reform and Education asked me to become their spokesman. I agreed and jumped right into a local group of disorganization, political control issues, personality clashes, lack of full comprehension of the issues, and mixed messages between members. I wrote for their website (www.kfire.us). The webmaster, Doug Roy, posted them freely as part of his effort to gain statewide attention to the cause and to increase membership. Then he declared he was going to use the web site to promote his own fundamentalist religious beliefs as his justification for opposing illegal immigration! I encouraged a "spread the tasks" approach for member involvement to multiply the effectiveness of KFIRE. They wanted tight central control as autocrats. I appeared on many radio talk shows around the state representing KFIRE. Of course, they solicited funds without accountability for where and how it was spent. When inflammatory personal attacks of libel and slander were posted on the web site against the mayor, I left KFIRE and its band of amateur activists behind.

To gain local opposition to Sanctuary policies, I also recorded a series of radio announcements on WVLK and WLAP last year. I was told FAIR was going to buy the 15 second spots, according to the F.A.I.R., "leaders" Susan Tulley and Joyce Mucci, but they were adamant about not letting anyone know that FAIR was behing this (I guess they were embarrassed by us unsophisticated hillbillies fron Kain'tuc). That was the carrot! The stick was Mucci's attempt to dictate how and what I would say as if she knew our unique set of circumstances better in St. Louis than we did in our own city. Despite her protestations to intimidate, manipulate, and control me, I told her to take a hike and keep her damn money, that I don't take orders from anyone! In the end they insisted on giving the money after all. They even doubled the offer! Fancy that!

When Mucci came to town to review a 7,300 word Dissenting Opinion to Mayor Newberry's Commission on Immigration I had I written on behalf of Commission member Wendy DeVier in November, only "leaders" of KFIRE were invited, not general members, and not me either. Imagine, FAIR and KFIRE "leaders" openly and critically reviewed my legal and formal submitted opinion without allowing me to defend it! No worries! They were unable to find any significant points of contention but I don't doubt Mucci came all the way from East St. Louis on behalf of FAIR to do just that.

Is this this is the same FAIR who reportedly is working with the ACLU and the IRLI to draft new Guest Worker federal legislation? Do you know about this? My land! There's a sure, steady, and long-term gravy train!

Is it any wonder that I'm a free-lance anti-illegal immigration activist? I also researched the federal laws and state laws that Reps. Bob Damron and Stan Lee they themselves, seemingly, used to write HB 304 as they introduced it into the 1998 Kentucky General Assembly. While ACLU member Rep. Kathy Stein killed the legislation on Good Friday as Chair of the House Judiciary Committee, the legislation is to be re-introduced in the next session. After her obvious act of defiance to the will of Kentucky's citizens, I strongly encouraged Stein to consult an opthalamo-proctologist and address her morbid cranio-rectal inversion. I doubt she has but she did inadvertently read my medical recommendation into the official House report!

When Freddie Piralt, President of the Kentucky Coalition for Immigrant and Refuge Rights, threatened my life last July and tried to intimidate my wife and daughter last September in order to get me to back off, I only committed myself to that much more effort. They, the opportunistic and egomaniacal politicians, didn't know the self determination and prodigious fortitude of an American Navy Special Operations physician. They do know better now, I believe.

With Mark Lowry, Roy Warden and several other well known independent activist personalities, who I to admire and respect, encouraging us, Jenean and I will pursue the “Writ of Mandamus” and we think we will prevail even if we have to go to appeal. Mark also suggested that I register with NWS – www.NationalWritersSyndicate.com – and write this expose’ too, so I did!

The "How" of the Writ is straight up! We have petitioned the federal court to interpret the written laws and enforce them if upheld. We have requested the enforcement of the common elements identified in the federal Civil Rights Act of 1964, the federal Immigration and Naturalization Act (Revised 1996) and the federal Welfare Benefits Act. We identify several points of conflict, lack of clarity, or conflicts which are shared between one and / or more of them. We are asking Judge Forester to enjoin Lexington and Kentucky and require that they cease the disbursement of federally funded benefits to anyone whose identity and eligibility status cannot be verified whether they are legal citizens or not.

I will use our legal premise as a closing statement. If our federal laws are valid then uphold them and enforce them. If they are not, then take them off the books and start over in Congress until laws are written that are and will be enforceable! If we are to wait for the "Old Guard" organizations to end illegal immigration then you and I will be either too old or too dead before we see that happen. We can't afford any more of their ineffective, self-serving, and misdirected "leadership."

Take your efforts to the local level. Write your own Writ of Mandamus. You are welcome to use ours as a template. Contact me at DMDMD56@aol.com and I'll have Jenean contact you for assistance or to answer your questions. Your Writ can be extraordinarily effective.

You don't need to ask anybody's permission either.

Please reference:

Illegal Immigration Federal Lawsuit "

Duncan v.

Kexington,

KY et al" – Case #

5:08-319 KSF (www.scribd.com )

David

M.

Duncan,

MD

Lexington,

KY

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