Benjamin Franklin Cook III
c/o County Jail
225 West Madison Street
Phoenix 85003
ARIZONA, USA
messages: (602) 508-8185
All Rights Reserved
without Prejudice
SUPREME COURT OF ARIZONA
STATE OF ARIZONA, ) Case No. HC-01-0016
)
Plaintiff, ) Superior Court Docket:
) CR 2000-01-3042
v. )
)
BENJAMIN FRANKLIN COOK, III, )
)
Defendant. )
__________________________________)
) DEFENDANT’S DECLARATION
People of the United States ) IN SUPPORT OF APPLICATION
of America ex relatione ) FOR INTERVENTION OF RIGHT
Lonnie G. Schmidt, )
)
Applicants. )
__________________________________)
COMES
NOW Benjamin Franklin Cook III, Defendant in the above entitled matter
(“Defendant”), to declare His unqualified support for the APPLICATION FOR LEAVE
TO INTERVENE BY RIGHT as filed and served by the People of the United States of
America ex rel. Lonnie G. Schmidt, Sui Juris (“Applicants”).
Said APPLICATION is concisely worded to highlight
the several fundamental questions that have already arisen in the instant case,
both here and in other States of the Union.
Defendant is particularly interested in challenging
Plaintiff to come forward, without further delay, with proof that the Great
Writ of Habeas Corpus has been suspended by any lawful action(s) of the
Congress, or the Arizona Legislature.
In reviewing General Principles of
Constitutional Law, by Judge Thomas M. Cooley, Boston, Little, Brown and
Company (1891), Defendant was pleased to discover the following pertinent
paragraphs, to wit:
It has been well said that the suspension of the habeas
corpus is a suspension of Magna Charta, and nothing but a great national
emergency could justify or excuse it.
The Constitution limits it within narrower bounds than do the
legislative precedents in Great Britain.
The power to suspend this privilege is a legislative power, and
the President cannot exercise it except as authorized by law [citing Ex
parte Merryman].
[Suspension of the Writ, page 300 supra]
[bold emphasis added]
Further on, Judge Cooley elaborates the
fundamental importance of the Great Writ by defining it as a property right
which cannot be destroyed by any legislative statute:
... [B]ut as a right of action arising under
the principles of the common law is property as much as are tangible things,
it is not believed the right could be destroyed by statute.
[Suspension of the Writ, page 301 supra]
[bold emphasis added]
Lastly, Judge Cooley underscores the necessity
for legislative action to suspend (but never destroy) the Privilege of the Writ
of Habeas Corpus. In his
discussion of State Suspensions, he writes:
Nothing in this provision hinders the States from
suspending the privilege of this writ issuing from their own courts, and the
declaration of martial law in the State has the effect of suspending it.
[Suspension of the Writ, page 301 supra]
[bold emphasis added]
Remedy Requested
All premises having been duly considered,
Defendant fully supports Applicants’ requests for a prompt hearing on Their
Application, and for leave of this honorable Court for Them to join Defendant
as Proper Parties ex relatione Lonnie G. Schmidt, Citizen of one of the United States of
America, in all future proceedings in the instant case.
VERIFICATION
I, Benjamin Franklin Cook III, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause.
Dated: ______________________________________________
Signed: /s/ Benjamin Franklin Cook
______________________________________________
Printed: Benjamin Franklin Cook III
I, the Rev. Dr. Elizabeth Dannecker, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):
DEFENDANT’S
DECLARATION
IN
SUPPORT OF APPLICATION
FOR
INTERVENTION OF RIGHT
by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:
Office
of Attorney General
State of Arizona
1275 West Washington
Phoenix 85007
ARIZONA, USA
Lonnie
G. Schmidt, Sui Juris
Citizen of California State
11230-388 Gold Express Drive
Gold River 95670
CALIFORNIA, USA
Sheriff
Joe Arpaio
Office of the Sheriff
County of Maricopa
102 West Madison Street
Phoenix 85003
ARIZONA, USA
Dated: ______________________________________________
Signed: /s/ Rev. Dr. Elizabeth Dannecker
______________________________________________
Printed: Rev. Dr. Elizabeth Dannecker