AFFIDAVIT to PETITION for SUSPENSION/REMOVAL of DISTRICT
ATTORNEY (!) PURSUANT to NCGS 7A-66
“A frequent recurrence to fundamental principles is absolutely necessary to preserve
the blessings of liberty”
—Article I, Sec. 35 of the Constitution of North Carolina
STATE of NORTH CAROLINA in the GENERAL COURT of JUSTICE
COUNTY of NEW HANOVER SUPERIOR COURT DIVISION
(CITY of WILMINGTON)
| affidavit in
9 movements
(NCGS 7A-66)|
In regard to:
BENJAMIN RANDALL DAVID,
District Attorney for the 6th Prosecutorial District
MOVEMENT #1 Affiant swearing his name to this document, and appearing before the notary here acknowledged, is William Dawson Gage, resident of 513 Orange Street, Wilmington in the county of New Hanover, which address falls within the jurisdiction proper to the 6th prosecutorial district in the State of North Carolina. WHEREAS the General Assembly has enacted in NCGS 7A-66 parameters for judging the conduct in office of elected district attorneys, and providing for their suspension and/or removal from office for certain categories of unlawful—corrupt, malevolent, avaricious—actions, affiant Mr. Gage proclaims and declares the following, in which he states his allegations and gives his commentary.
In determining whether there is probable cause to believe the truth of the allegations, and for the court to proceed in the manner prescribed by law, affiant gives reference to the following sets of documentary and evidentiary materials maintained by several agencies of the State of North Carolina. Each one of these documentary collections by itself will trace the outlines and details of one man’s history in the shadow of North Carolina; each of them contains a part of the grand narrative of political PERSECUTION of William Dawson Gage by the State on Relation of Benjamin Randall David.
1) The civil and criminal case files bearing the name of the affiant William Dawson Gage maintained in the archives of the Clerk of Superior Court in New Hanover County, including the Office of Special Proceedings, where affiant’s history as a civil and criminal defendant, civil plaintiff, and as an object of state-sanctioned psychiatric imprisonment, are and will be maintained.
2) The warrants for arrest, the orders for arrest, the condition-of-release forms, and any other documents pertaining to affiant William Dawson Gage in the governmental database known as NC AWARE.
3) The “incident reports” and “narrative” materials, as well as other notations, stored in the governmental database/system known as LINX (Law Enforcement Information eXchange, which software was funded and built by US Naval NCIS, in which the Wilmington Police Department and the New Hanover County Sheriff’s Office participate)
4) The records pertaining to his incarceration at the New Hanover County Detention Facility (in the custody of the Sheriff of New Hanover County, Ed McMahon) from November 2017 until his most recent release on 5 December 2019, including his inmate classification records, disciplinary records, and his requests and grievances stored in the “kiosk” system. Of particular significance are any records concerning the interdiction and theft of affiant’s mail in concert with the Wilmington Police Department.
5) Any additional documentary materials referencing the name of William Dawson Gage found in the databanks accessible with the STING Center operated by the Wilmington Police Department, and any audio or video recordings depicting affiant produced by the fixed-point surveillance cameras connected to the STING Center (not officer body cameras) in the City of Wilmington. (At least one such recording made known to affiant, which was used to observe and identify him in the vicinity of the New Hanover County Courthouse on the evening of Sunday, 15 December 2019.)
6) Geolocation data produced by the “electronic monitoring device” or GPS “ankle monitor” employed by so-called “Adult Enhancement Services”, also called the office of the Pretrial Release Coordinator, whose computer systems monitor and compile such data. These records date from April-May 2018 and April-June 2019.
7) Records of affiant’s history of “supervised probation” maintained by the North Carolina Department of Public Safety (formerly the Department of Corrections) including “violation reports”.
8) Any other documentary materials maintained and accessible with the intelligence/surveillance machine known as NC ISSAC, operated by a special office of the North Carolina State Bureau of Investigation and shared with law enforcement organizations and other agencies of the State.
Affiant alleges that these materials, when assembled together, will confirm the allegation that District Attorney Ben David and his co-conspirators—along with their enablers in the halls of state and local government–have constructed a totalitarian police state in defiance of the laws of North Carolina.
Having specified these several sets of materials, William Dawson Gage with this sworn affidavit gives official notice of a REQUEST FOR PUBLIC RECORDS pursuant to North Carolina General Statutes Chapter 132, and addresses it to the several agencies of the State (and in some cases the materials have multiple custodians who all plug in to the governmental clouds) who will be capable of complying, even if only partially, with this lawful and formal request.
MOVEMENT #2
Being sufficient, however, (if one takes the time to study it all) to substantiate his allegations, affiant brings in support of this petition the exhibit of hypertext documents authored by affiant and published under his own name on the world-wide-web at www.dawsongage.net. As the sole author, editor and publisher of these, and guarantor of their integrity and veracity, affiant does swear before the notary given here that these materials constitute an authentic and accurate documentary account of his life and work, and which depict the history of his political PERSECUTION by the prosecutorial offices of District Attorney Benjamin Randall David.
Responsibility for this campaign of PERSECUTION is rightly attributed to the District Attorney Ben David insofar as he is the origin of a system of political authority and the arbiter of jurisprudence in the County of New Hanover. To wit, if the District Attorney does something, or “law enforcement” do on the advisory authority of the prosecutorial office, it cannot be “illegal”: that’s how it works, how it looks, and thus unlawful activities of the most elaborate type are, and have been in the cases of STATE OF NORTH CAROLINA vs. WILLIAM DAWSON GAGE, perpetrated repeatedly under color of law.
Meanwhile the lawful and upstanding conduct of your affiant has been falsely and maliciously depicted and misrepresented by a conspiracy of political operatives within New Hanover County with the expressed support and agreement of the District Attorney.
Not only in his personal experience does your affiant allege that the District Attorney meets the statutory criteria for his suspension/removal from office, but also on behalf of the sovereign people of this City and County, of which he is a member and component in the body-politic, does affiant allege that Benjamin Randall David has conspired to overthrow the lawful authorities of the State of North Carolina, and that this organized effort to subvert, distort, corrupt, abuse, and violate the laws of North Carolina renders him and his regime a form of violent insurrectionary force.
———
“The Governor shall be Commander in Chief of the military forces of the State and may call out those forces to execute the law, suppress riots and insurrections, and repel invasion.”
–-Constitution of North Carolina, Article XII Section 1
MOVEMENT 3
“A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.”
–Article 16, “Declaration of the Rights of Man”,
(Approved by the National Assembly of France, 26 August 1789)
In order to understand the nature of the transgressions of law here alleged we must comprehend the constitutional basis and foundation of all written law; that the Constitutions of North Carolina and of the United States are the sole basis for all statutes passed by the General Assembly and the only framework for interpreting the canons of the common law. The burden of constitutional interpretation in our time has been mostly relegated to the appellate courts, or on rare occasions invoked in trial courts such as in motions to suppress evidence.
INSOFAR as he has availed himself and his offices of the poison fruit of unconstitutional police actions, most especially the high-tech surveillance apparatuses of the integrated police state but also massive numbers of illegal searches, seizures, and interrogations, we find that the District Attorney has replaced constitutional propriety with his own syncretic thinking, and ultimately his own whim. As Ben David put it on the radio show “Coastline” on 31 March 2017 (in response to a question asked over the phone by your affiant regarding oversight of the WPD STING Center by the DA’s office) he said his office exercises care and discretion in presenting the STING Center’s data in court, “not because we can’t, but because we shouldn’t.”
In this remark we see crystallized the idea that the District Attorney is indeed the practical arbiter and prime interpreter of the constitution in his jurisdictions, and we can see from his formulation that he knows his offices have the power to deviate from the constitution’s dictates and to prosecute criminal defendants while illegally observing them—and the entire public—and thereby depriving them of their inalienable rights.
In the starkest possible contrast to the District Attorney’s coy comment on “Coastline”, your affiant put it in a presentation to Wilmington City Council on 1 August 2017 that the WPD STING Center amounted to the granting of a “general warrant” regardless of whether the locations under surveillance are said to be “in public” or “in plain sight”–the cameras themselves are hidden in undisclosed locations—and that the Center as such violates NC Constitution Article I Secs. 20 & 21—at least–and with this in mind, he told the city council the hard but inescapable truth: the STING Center must be shut down. That his advice has not been heeded can only be explained by a reluctance on the part of the City Council to reign in “law enforcement” overreach when it has the express support of District Attorney Ben David, whose power they recognize, and perhaps they even fear.
There is no crime greater than the violation of rights, and all common-law crimes have this character of infringing on, curtailing, or utterly violating the rights of man and woman. Misunderstanding this, the District Attorney has propagated a version of the “law” in which the duty of his offices and of “law enforcement” are to protect individuals and a docile public from bodily injury, injury to property (for those who have property) and to guarantee what Ben David has elevated to the most important right of all, the right to “quiet enjoyment” of one’s tame body and one’s property. This departure from centuries of legal reasoning oriented around liberty and rights has filtered out into local civil society and reshaped the consciousness of Ben David’s subjects so that they live their lives in perpetual fear of violent crime; this is no more and no less than an expansion and adaptation of the wartime logic of the “war on terror”, which itself marked our nation’s abandonment of the constitution from the outset of the 21st century.
In the radio interview in question Ben David gave further evidence of his rogue philosophy of law when he spoke of striking a “balance” between protecting people’s right to “privacy” and his own “duty” to forcefully combat violent crime. In a hyperbolic (and yet typical) statement of this perspective, Ben David justified the unconstitutional surveillance capabilities of the STING Center as something which allows him and his colleagues to “catch killers”. The trade-off being imposed on the public is thus clear enough: “we will violate your rights, and you will learn to tolerate it, but in return we will solve nearly every murder, and catch nearly every thief.” If this were the Kingdom of Saudi Arabia or the Republic of Singapore this might pass muster, but in the United States, in the State of North Carolina, and in the City of Wilmington it is a Faustian bargain par excellence, and the District Attorney has struck this bargain on our behalf.
This comprehensive negation of constitutional rights in favor of a doctrine of physical safety and “quiet enjoyment” not only misleads the People as to the nature of the prosecutorial and police authority, but it avails itself of an irrational and pervasive fear of violent crime which has progressively engulfed American society since the attacks of 11 September 2001 and with the “normalization” and fixture in the popular imagination of the “active shooter” as an ever-present mortal danger which especially menaces the vulnerable.
In adopting this doctrine which privileges the fleshy bodies of human beings over their inalienable rights, Ben David has perverted the apparatus of criminal justice and established a regime where police routinely and willfully violate the rights of the innocent and guilty alike in their unhinged practice of criminal procedure.
With these general allegations stated thus, your affiant continues.
MOVEMENT (4)
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States…”
—Title 18, United States Code, Section 242
“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;…
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
–Title 18, United States Code, Section 241
——
I, William Dawson Gage of 513 Orange Street, Wilmington, born and raised and educated in this same city, to which I have returned in the autumn of 2014 and in which I have resided ever since, am an independent author and publisher whose writings include many genres of literature: poetry and journalism, notes on society and culture, papers on politics and philosophy, and legal documents such as motions and public records lawsuits. My works have been published in the Star-News, The Phillipian, The Daily Tar Heel, News & Observer, CounterPunch, and Encore. I am a singer and guitar-player. I have a long and reputable history of participation in politics, and I continue to aspire to serve in elected office.
Since November 2017, the same month when the prosecutorial offices of Ben David launched the campaign of urban warfare and belligerent litigation marked by the commencement of the “Anti-Gang Injunction”, the State of North Carolina has targeted me with criminal prosecutions (with arrest, incarceration, and physical and mental torment all visited on me prior to trial or proper hearing) for activities—including speeches and publications—which do not, have not violated the laws of North Carolina nor of the United States, but which were none other than constitutionally protected communication and correspondence with my friends and associates and lawful publications on the world-wide-web addressed to the entire global reading public.
In the span of just over 24 months since then, the oppression has only carried on incessantly and multiplied, with increasingly severe punishments of a cruel and unusual character being applied to me in retaliation for my stubborn insistence that I exercise my inalienable right to speak, write, and publish in whatever medium, regardless of the size or scope of my audience, regardless of unlawful orders/injunctions by the courts of North Carolina that prohibit and criminalize “contact”.
In advancing and prosecuting this maximal interpretation of the already spurious legal concept of “contact” Ben David and his assistant Alexandria Palombo have propagated a theory of law which allows the State to ban my writings and publications, to proscribe certain topics or the mention of certain personalities (a kind of “les majeste” for bourgeois society) and to sanction, punish, arrest, incarcerate me, and to subject my publications on dawsongage.net to anonymous censorious scrutiny and belligerent observation by agents of the State, both formal and informal.
Evidence of this deprivation, of my being deprived of my rights protected by the First Amendment to the US Constitution and by Article I, Sec. 14 of the Constitution of North Carolina will be found in the vague specification of my speeches and publications in the warrants for my arrest according to the provisions of NCGS 50B (as well as other parts of the NCGS), and in the record of “civil” litigation against me maintained by the Clerk of Superior Court in New Hanover County.
Moreover, in addition to criminalizing with 50B orders otherwise harmless or at any rate rightful and protected speech and publication, Ben David and the judges in his courthouse have evolved in my case a novel doctrine that free speech by itself can be construed as “domestic violence” by anyone who disagrees with, or wishes to make political advantage of, protected speech, whether directed at them through whatever means or at the reading public through Internet publication. The idea that anyone has the right to be “left alone” meaning to prohibit and criminalize any writings which bear their name is, as said, an adaptation of the alien doctrine of “les majeste” and its application not to any one royal figure or family, but to a host of key figures in civil society with strategic positions in the social network of your affiant.
With these court-ordered prior restraints and proceeding from the libel which pervades them, political enemies of your affiant—who go so low as to subsume and exploit Dawson’s estranged and separated lovers, comrades and friends–have constructed an almost impregnable fortress of prohibited zones, geographical and institutional prohibitions which bar (forbid, banish, blacklist, block) from attendance of events, participation in organizations including1 WHQR Public Radio, the Historic Wilmington Foundation, the New Hanover County Democratic Party, the open-mic poetry tradition known as “Mics Wide Open”, the Hannah Block Center, the philanthropic citadel in the former county jail at 20 N Fourth Street, the entire campus of the University of North Carolina at Chapel Hill, the New Hanover County Board of Elections, the North Carolina General Assembly (!?), the law offices of Carter & Carter, Ward & Smith, Burney & Jones, the Office of the Public Defender in New Hanover County, and indeed—most frightening of all?—the Princess Street courthouse itself.
Moreover, with the implicit yet unambiguous support of the District Attorney the already onerous and oppressive geographical limits imposed by the courts and their favored plaintiffs in concert, the District Attorney himself has availed his offices of the self-same corrupt abuse of the police/Sheriff under color of law which is the POLITICAL ABUSE of “TRESPASSING”.
Deputies of the Sheriff of New Hanover County enforced a wholesale banishment of affiant from the courthouse at 316 Princess Street in the spring of 2018. After my conviction in a crooked plea-deal I was intermittently placed on the unlawful (see the ruling of the US Supreme Court on a case originating in Ben David’s court, Grady v. North Carolina) GPS ankle monitor on several occasions which has obstructed justice by defaming my character as an innocent criminal defendant and hindered my free movements, and the ankle monitor merely gives a technological razor’s edge to the violent geography of prohibitions which—like all threats of violence—is only partially specified, it is partly formal and partly informal, partly oral and partly written, partly polite and partly barbaric, partly official in the guise of “law enforcement” and partly in the fashion of a Wilmington mafia of professionals and political figures, a 21st century volunteer community watch on behalf of—so your affiant does solemnly accuse—the now-disavowed but plainly visible cause of White Supremacy here in Wilmington and in North Carolina as such.
In particular it is unseemly and sinister that the affiant’s two elected representatives to the NC General Assembly—Senator Harper Peterson and Representative Deborah Butler—can both shamelessly attempt to intimidate and oppress your affiant by commanding the Wilmington Police Department to terrorize me, visiting my residence unwelcome and with no lawful purpose on the first Saturday of October 2019 at 800am, then again one hour later, banging on the door on behalf of my “duly elected” representatives.2
It might be said that this violent threat to use the police and even the detention facility to insulate and protect the the participants—the secret political society which has aligned itself with that ambitious young demagogue, the perjuring plaintiff and mendacious fake victim and false witness Carter Elisabeth Jewell—in a civil and criminal conspiracy to deprive me of my rights and secure power, money, privilege, and prestige for the comfortable class of conspirators at the expense of the life of your affiant, it might be said that this gang of operatives and officials has been able to rely on the support and active collaboration, the jurisprudential and spiritual endorsement, of the prosecutorial offices of Benjamin David. The conspirators have thus far been able to rely on the support and collaboration of the prosecutorial power, since Ben David already shares and readily moves to give force to their totalitarian views on the law and politics.
If the common-law concept of “trespassing” is premised on the idea of personal integrity attached to real property rights, and on safety and security within one’s private residence or offices, just as I have been banished from large and politically crucial sectors and addresses in Wilmington, my own autonomy and the sanctity of my home as a place safe from invasion has been utterly, repeatedly, shamelessly violated by agents of the State acting under color of law with the support of the District Attorney.
In particular, before I leave to have this statement notarized, I want to cite the 6 (SIX) kidnappings by the Wilmington Police Department (who delivered me into the hands of the NHRMC “Hospital Special Police”, who then delivered me into the custody of the New Hanover County Sheriff’s who transported me across county lines to two faraway psychiatric hospitals on three occasions when the kidnapping involved this compound custody by Ben David’s anointed “law enforcement organizations”) pursuant to NCGS 122, which statute is clearly in violation of my rights under the 4th amendment to the US Constitution as well as Article I, Secs. 20 & 21 of the state constitution. These six “custody-taking” operations were nothing other than six flagrantly unlawful acts of kidnapping under color of law, and it matters not at all if the petitioners who set these operations in motion were my natural parents, who in several cases acted in desperation and frustration and horror with my unlawful arrest and detention pursuant to invalid 50B actions; they quite literally had me kidnapped and taken to a hospital to save me from kidnapping by the same “law enforcement organization” under color of (another) law.
Even if we set aside questions about the constitutionality of 122 “custody-takings” as such, the fact that I was denied an opportunity to review the commitment papers (the affidavit for petitition, etc.) and the fact that the WPD officers who came to my house to violently kidnap me were not open to persuasion or reason in any fashion, nor did they even consider forming their own judgment about my being “a threat to [myself] or others”, and on each occasion they made it clear that if I did not immediately comply with their belligerent commands they would escalate the situation: they surrounded my apartment, swarmed around my private property in paramilitary formations, and began to nervously reach towards their firearms as their commanding sergeant or whoever would shout that they would begin trying to breach my door if I did not come out immediately. The SWAT-style tactics employed by the Wilmington Police Department on every one of the occasions they have come to kidnap me from my home were not learned overnight, nor was the officious and arrogant and completely unreasoning manner of the officers a sudden lapse into barbarism: these are the habits and the methods of paramilitary forces, whose notions of the “law” and whose practice of criminal procedure reflect a culture of impunity, immunity, and hostility toward anyone who dares to insist on his constitutional and statutory rights, not to mention a self-serving bigoted and condescending attitude toward anyone who, like me, has been branded with the label of a “mental illness” (as one officer put it as I sat cuffed to the magistrate’s window at the Bess St. headquarters, “I’m told you suffer from schizophrenia. You suffer from schizophrenia, don’t you?” Such psychiatric defamation is intended to distract from and deny the victim’s demands for his due process rights, and this intended effect, again and again and again, was made to come to pass.
This affidavit and the unseating of the District Attorney are almost my only hope to obtain (even) procedural due process, which is to say that justice is my own cases (a rightful acquittal or dismissal of the ongoing proceedings against me) has become inseparable from justice for the District Attorney Ben David, namely his suspension from office in preparation for an exhaustive and well-attended hearing of these accusations of misconduct, of which your affiant continues to speak in what follows.
MOVEMENT [5]
Using the language given in NCGS 7A-66 providing the grounds for suspension/removal of district attorneys (which mirror the criteria given in Article IV, Sec. 17 of the state constitution for the removal of judges, magistrates, and clerks of court), your affiant alleges that Benjamin David has committed “willful misconduct in office” in his extralegal pursuit of “civil” actions against citizens of New Hanover County in contravention of their most fundamental rights including their property rights and their rights of speech and association, but also others. We see this evidenced in the so-called Anti-Gang Injunction as well as the several lawsuits against the owners and financial backers of the “Market Street Motels” that preceded it and laid the ground for it.
District Attorney Ben David is guilty of misconduct in these matters insofar as he willfully and recklessly discarded and deviated from constitutional propriety, aggrandizing novel powers to his offices and propagandizing his crusades in through press releases and coordinated choreographed shows of force by the law enforcement battalions under his advisory supervision and control; he did so not to prosecute criminal wrongdoing—a far less glamorous, far more tedious, far more challenging mission—but to pursue a campaign of urban warfare and violent class struggle against his enemies (political, cultural, spiritual: in short, his class enemies) namely the transient nomad patrons of the “trap motels” and the rebel gang set known as Folk Nation 720 Gangster Disciples. In pursuing this belligerent and malicious campaign over many years Ben David has overstepped and departed from the proper functioning of the prosecutorial power in order to serve certain ends which, however plausible or reassuring or appealing they may appear to some people, have no basis in law: namely, the ultra-protection of “the community” at the expense of those he excludes from it. Thus did Ben David commit “willful misconduct in office”.
I, your affiant William Dawson Gage, have extensive knowledge of these unlawful actions by Ben David’s offices, and I make my analysis and level these accusations as someone with first-hand experience in the Office of the District Attorney; in the late summer and early fall of 2014 I worked as a “special intern” in the DA’s office and was given free reign to roam around asking questions and interviewing prosecutors and especially so-called “victim/witness legal assistants”. During those weeks I made an independent study of the functioning of those Offices and their organizational structure, as well as of the culture that permeates these offices and has a palpable influence on the culture of the courthouse as such.
As a criminal defendant who was forced to live fully a year of his life at the New Hanover County Detention Facility, I have also observed the courthouse from the contrary angles known only to those who have made the shackled journey to appear in court (or else not, a whole separate affidavit could be written on the injustice of the practice known as “ghostriding”) and have witnessed the perversion of the legal process that the prosecutors under Ben David regularly and willfully effect.
During the windows of freedom (even under the crippling “pre-trial release conditions” that forbid me to use a computer or the Internet, or which forbade me from unscheduled visits to the Clerk of Superior Court) that have punctuated my more than a year of incarceration, I have taken every conceivable opportunity and relentless pursued the study of North Carolina law, in particular of the state constitution but also of crucial portions of the General Statutes, and I have brought this to bear in making an independent study of the so-called Anti-Gang Injunction and of the “Market Street Motel” lawsuits, reading these documents carefully with the copies I obtained from the Clerk of Superior Court. My solemn affirmation of the truth of all my statements and the soundness of my analyses should be understood in light of these singular experiences, which put me in a unique position to speak with authority, both moral and intellectual, about the conduct in office of District Attorney Ben David.
The transgressions of Ben David also meet the statutory provision for removal found in NCGS 7A-66(3), “willful and persistent failure to perform his duties”.
I, William Dawson Gage, have been the victim of a campaign of criminal and civil character defamation—an anti-communist blacklisting effort worthy of the McCarthy era and an anti-intellectual witch-hunt of a type hardly seen in America since the Salem Witch Trials—aimed at the destruction of my livelihood as a poet, journalist, and publisher, as well as to banish me from the broadcast airwaves and also to prevent me from running/standing as a candidate for elected office.
District Attorney Ben David had a duty—and he cannot claim to have been ignorant or innocent of a situation centered around someone well-known to him, who he knew personally and who once worked in his office (once upon a time I sat in the passenger seat of the District Attorney’s car as he drove us from Wilmington to the courthouse in Burgaw)—a duty to inquire into, and indeed to pursue indictment and prosecution of unlawful activities (namely perjury and obstruction of justice but also criminal defamation, false reports to law enforcement, abuse of “trespassing”, abuse of NCGS 50B, and the unconstitutional formation of a “secret political society” whose dark solidarity was none other than a shared antipathy—both fear and loathing, but mostly the latter—for your affiant) by my political adversaries.
Instead the District Attorney chose to join in the chorus of defamation and to massively amplify and intensify this persecution by abusing the prosecutorial power to ensure that I would be the one arrested, incarcerated, prosecuted, while Carter Jewell, Clayton Hamerski, Ethan Grooms, Omar Ruiz-Lopez, Michelle Rhinesmith (and others who have committed assorted criminal acts of which I am the victim) were given comfort and aid by the prosecutors, credulous confirmation by the judiciary: in short, Ben David’s support for their cause conferred a counterfeit “blessing of the State” which in his dominion passes for the real thing. Once more does your affiant allege the essential nature of the District Attorney’s unlawful conduct, which is to deliberately deploy the prosecutorial power on behalf of a conspiracy, and permit the illegal activities thereof to be perpetrated under color of law. Ben David’s claims of “sovereign immunity” from “Public Records Law” are of a piece with Carter Jewell’s de facto immunity from prosecution for perjury and obstruction of justice. This amounts to a usurpation and theft of sovereignty, which our state constitution assigns to the People-as-a-whole, by “the State on Relation of Benjamin R. David.”
MOVEMENT *6*
The era of Ben David corresponds to the era since the invasion of Iraq (the post 9/11 age?) and in New Hanover County these were the years (and one cannot help but notice the striking parallels between this and the construction and fortification of “the Green Zone” in Baghdad) when the two marvels of law-enforcement architecture were constructed on the urban periphery: the Bess St. police headquarters, and the “detention facility/center” a.k.a. the county “jail”.
With these two weapons as his twin-pronged method of (para-)military strategy—the station and the jail as the combined power of police and incarceration—Benjamin David has seen built for his administration of the courthouse a massive fleet of vehicles, and with these as the “black Marias” a constant flow of arrested men and women keep the NHCDF near its capacity of ~600; every day court is in session, the men and women “in custody” are shuttled to and fro on the 9 mile circuit between Juvenile Center Rd and 316 Princess St, and the intercourse between jail and courthouse also includes a closed-circuit “video court” as well as the JurisLink video-chat machines. By limiting and orchestrating the appearances of the jailed population and placing massive obstacles in the way of defendants having an effective legal defense, Ben David has sought to tilt criminal justice in favor of the State, and in no small measure has achieved just that.
And to these justice-obstructing tactics, Ben David adds the imposition (no longer concealed but declared in press conferences—million-dollar bonds for unproven accusations of drug trafficking, half-million dollar bond for your affiant’s alleged violation of probation, etc— and brandished in the face of growing opposition from activists to the system of bail bonding as such) of unconstitutional excessive bail. Once he and his assistants have succeeded in normalizing outrageously high secure bonds (while at the same time allowing perpetrators of serious crimes such as assault-on-a-female to bond out for a measly few hundred dollars) for certain classes of defendants—and why on Earth was William Dawson Gage subject to higher bonds than those accused of assault-on-a-female, armed robbery, sexual assault, larceny? What exactly is the nature of the crime is was alleged to have committed? Are 50B violations considered “violent crime”?
MOVEMENT ^7^
Ben David has failed in his duty to prosecute the efforts of Carter Jewell and her co-conspirators to swindle the elections of 2018 with Ms. Jewell’s obtainment of an emergency ex parte 50B order which she willfully and maliciously invoked to have your affiant arrested at the outset of the electoral filing period in February 2018. I was arrested on 13 February 2018 for charges which alleged violations of this invalid “domestic violence protective order” which even had the order been valid would not have been violations at all: one charge referred to a voicemail left by your affiant for the plaintiff Ms. Jewell prior to being served with the 50B paperwork. The other alleged violation used to effect my arrest and detention during the filing period as well as falsely accusing me of criminal acts so as to defame my character and sabotage my effort to run for NC Senate 9 as a Democrat, the second allegation referred to my unwittingly encountering plaintiff Ms. Jewell at the law offices of Carter & Carter, where I did not expect nor intend to encounter or contact her in any way. The statute is unambiguous that only “willingly” violating a “valid protective order” is grounds for criminal prosecution and arrest for the novel crime created by the statute custodes ex machina.
Which is to say that Ms. Jewell knew very well that the encounter of 9 February 2018 was entirely accidental, just as she knew that the voicemail from the early morning of 7 February was “technically” before I was served with her paperwork, and yet she flagrantly and unlawfully proceeded not only to file these alleged violations to effect my arrest, but spent considerable time and effort during the week prior to the electoral filing period working hard in concert with Clayton Hamerski and unnamed co-conspirators to compile hundreds of pages of “evidence” consisting entirely of lawful communications and speeches by your affiant, and this was intended to provide the appearance of an evidentiary foundation for her 50B complaint, which was a tissue of lies, distortions, and hate speech, such as the epithet “paranoid scizophrenic” (sic). Affiant will not elaborate on this topic other than to say that Commissioner Julia Boseman is a witness to this episode, having acted as counsel and attorney for Ms. Jewell as plaintiff and allowed her law offices to be used by plaintiff to compile the enormous binder of “evidence” (which, affiant can state plainly with gratitude to Commissioner Julia, is entirely exonerating and a telling record which says the opposite of what Ms. Jewell claimed.) The political crimes which Ben David allowed not only to go unpunished, but which he essentially endorsed and supported with his maximal prosecution of your affiant according to the false witnesses of Ms. Jewell, are found in the election laws of North Carolina, and in particular your affiant would cite the following three election crimes, the first two being misdemeanors, the third a felony:
1) NCGS 163-274(a)(4) reads: For any person to break up by force or violence to stay or interfere with the holding of any primary or election.”
2) NCGS 163-274(a)(9) “For any person to publish or cause to be circulated derogatory reports with reference to any candidate in any primary or election, knowing such report to be false or in reckless disregard of its truth or falsity, when such a report is calculated or intended to affect the chances of such candidate for nomination or election”
3) NCGS 163-275 (4) reads: “It shall be unlawful…for any person to swear falsely with respect to any matter pertaining to any primary or election”.
Ms. Jewell has plainly violated all three of these statutes, although in the case of the first one responsibility must be shared with the Wilmington Police Department and the Office of the District Attorney as well as the New Hanover County Sherrif’s Office. In particular I allege that Ms. Jewell swore falsely with respect to my candidacy and her role in the Harper Peterson campaign, along with other matters pertaining to the elections of 2018 on 6 February 2018, 16 February 2018, 5 April 2019, 14 June 2019, and on 17 September 2019.
The first five false sworn testimonies were before judges of district court in the case of “CARTER ELISABETH JEWELL vs. WILLIAM DAWSON GAGE”, her 50B action recorded as 18 CV 00391 in this county, the sixth being her culminating performance as a witness for the State in the matter of STATE OF NORTH CAROLINA vs. WILLIAM DAWSON GAGE, recorded as 18CRS55703. In this last case, affiant is presently preparing his appeal to the North Carolina Court of Appeals, having filed notice of appeal and paid for the preparation of a transcript.
MOVEMENT 8
Article I, Sec. 12 of the North Carolina Constitution reads:
“Sec. 12 Right of assembly and petitions.
The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances; but secret political societies are dangerous to liberty and shall not be tolerated.
—-
The all-out assault on the “criminal street gangs” and the rhetoric of demonizing them adopted by Ben David and law enforcement is a form of class warfare that belies the true character of “street gangs” and of the crimes which one associates with them. The anti-gang campaign ranges from the streets of Wilmington to the pages of Facebook, from Midtown to the pods of the Detention Facility. It is probably at its most potent and frightening in the carceral system of the detention facility, which is designed and organized so as to keep each criminal defendant in a permanent state of alienation and atomic individual abjection, preventing and even punishing any attempt by inmates to organize for their collective legal defense or even to share food or books or even to exchange notes and letters. These policies of the facility have no basis in law, and are combined with a draconian regime of classification which replicates in the dungeon-chambers of the NHCDF the unconstitutional apparatus of surveillance and oppression known as the “gang validation regime”.
The District Attorney and his assistants regularly cite the validation regime in their courtroom presentations in order to defame defendants and justify a totalitarian system of social prohibitions and prophylaxis designed precisely to violate the above-cited constitutional rights of the people to assemble together for the common good. The “criminal street gangs” after a decade or more of relentless surveillance and in the revelatory eyes of the “validation regime” can in no way shape or form be considered a “secret political society”. Notwithstanding the implication of certain members of some gang sets in the narcotics trade, illegal use of firearms, and the commercial sex trade, the targeted gang faction known as Folk Nation 720 Gangster Disciples are in every sense a form of lawful organized political opposition to the tyranny of the District Attorney Ben David and of the WPD and the NHSO under his advisory umbrella, not to speak of the NC DPS and other agencies of the predatory State.
What Ben David does not comprehend—and this folly is at the heart of his multiplied misconduct and dereliction of duty—is the indivisible nature of social reality which makes it a violation of that nature to subtract with violent force small but crucial populations of men and women, “picked up” and hauled up to Juvenile Center Road to be locked away indefinitely, and thus for more than a decade has Ben David sought to meddle with and violate the fabric of civil society in the County of New Hanover: his victims at this point form their own subject nation, akin to the “zeks” of the Soviet Gulag, who are torn away by their experience and the black mark of their criminal records from the society into which they were born.
The weight of this folly, so very very great, derives from the price we pay for the people Ben David incarcerates, the opportunities and possibilities lost when men and women (even teenagers, pregnant women, the elderly, the sick and dying, the young and beautiful, but indeed, the marginal and the addicted, but also the proud, the free and the brave) are subtracted from the body-politic.
“Senator” Harper Peterson’s margin of “victory” in the stolen election of 2018 was, even on its own terms, less than ½ of the population of the New Hanover County Detention Facility, where former Corporal M Wallace observed election canvassing, but where absentee ballots were never passed out. To be sure, a certain quotient of the inmates would be disqualified from voting because of prior felony convictions, but this itself is a policy designed to oppress the convicted on account of a certain prejudice of social class and a certain conceited concept of political virtue. Which is to say that the general election for North Carolina Senate 9 in 2018 pivoted on a number of voters of precisely the same size as the population that at any given time Ben David sees fit to keep locked away and unable to vote, nor speak, nor associate politically (this was in fact the “conspiracy theory” proffered by one Mr. Tony Daniels in the holding cell at 316 Princess St. on 5 November 2018, when your affiant was “ghostrided” despite his status of “forensic commitment” pursuant to NCGS 15A-1002).
MOVEMENT 9 (CONCLUSION!)
I, your affiant William Dawson Gage, do solemnly swear to the truth of the representations given in the pages of this statement, which is an adaptation and elaboration on an original typewritten text, also notarized as a sworn affidavit and submitted to the Clerk of Superior Court, but which could not be accepted on account of the non-standard size of the paper on which it was typed. Likewise do I solemnly and proudly affirm the authenticity and accuracy of my publications on dawsongage.net which I submit to the court as an exhibit to serve as evidence in the process for the suspension/removal of the District Attorney Benjamin Randall David. Your affiant concludes his allegations with one last charge, the most serious of all.
Insofar as the State of North Carolina cannot endure in the absence of its constitution, which embodies the will of her sovereign people, Benjamin David’s willful defiance of this constitution over many years and his passive and active collaboration with a conspiracy to steal the elections of 2018, pervert the elections of 2019, and to carry the dark enterprise forward into 2020, a conspiracy which also aims at the repression of the Free Press, that these actions by the District Attorney rise to the level of Treason against the State of North Carolina as defined in Article I, Sec. 29 of the North Carolina Constitution.
The profile of these crimes is identical in nature to the plot concocted by the so-called Secret 9 and carried out in concert with the criminal street gangs known as the Red Shirts and the Rough Riders and with the Wilmington Light Infantry in 1898, which also aimed at the overthrow of the constitution, involved the flagrant treasonous rebellion against the authority of the Governor in Raleigh, and which sought to hijack electoral democracy and to destroy the Free Press in Wilmington. Thus we find the Traitor to be an avatar and champion of White Supremacy, an evil project and cause he has perpetuated into the 21st century.
Though the statutory guidelines of NCGS 7A-66 assign responsibility for adjudication of the allegations solemnly declared here by your affiant to the judges of the Superior Court Division in the County of New Hanover, I, William Dawson Gage, would have the court immediately notify the Governor of North Carolina and the Justices of the North Carolina Supreme Court that the charge of treason has been made against an incumbent District Attorney, and only then to proceed with the weighing of evidence and the analysis of these gravely serious accusations.
However, your affiant would suggest that the extraordinary circumstances would justify that with the approval of the Governor and the Supreme Court, the sovereign people of the City of Wilmington and of the County of New Hanover might call into session a SPECIAL COURT OF JUSTICE, to be comprised of the five members of the Board of Commissioners and the seven members of the Wilmington City Council seated as a 12-member jury, with an appellate judge or justice presiding.
In order to protect me from further acts of persecution by the State on Relation of Benjamin David I beg the responsible officials of the courthouse to extend to me a conditional amnesty from pending and/or further prosecutions (an entirely reasonable measure as a form of “whistleblower’s immunity) from retaliatory action by the prosecutors under command of Ben David. The possibility of such retaliation is by itself good cause for the District Attorney’s suspension pending the hearing of these allegations.
The allegations in this sworn statement do not exhaustively detail the unlawful misconduct in office of Benjamin David and the State he has built up in his own image. The charge of Treason against the State encompasses all the others, and coincides with the ground for disqualification from office given in Article VI, Sec. 8 of the NC Constitution: that “The following persons shall be disqualified from office: First, any person who shall deny the being of Almighty God”. To rebel against Almighty God is tantamount and equivalent to levying war against the State of North Carolina, and in the case of Benjamin Randall David, his efforts to usurp the power of the State and overthrow our constitution are premised on his denial of the being of the Almighty.
Further than this, “whereof he cannot speak”, your affiant will “remain silent”, for now.
Submitted for the second time
to the diligent sisters of the Clerk of Superior Court
to convey to the Senior Resident Superior Court Judge, Honorable Phyllis Gorham, NC Judicial 5A
In his own voice, your affiant: _________________________________
William Dawson Gage
Post Office Box 34070
Washington, DC 20043
United States of America
9103225853 / 9107422059
www.dawsongage.net
dawson@freewilmington.org