Lawsuit: Dismissed Commonwealth of Redmont V. xineyax [2024] SCR 26

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IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
CRIMINAL ACTION


The Commonwealth of Redmont
Prosecution

v.

xineyax
Defendant

COMPLAINT
The Prosecution alleges criminal actions committed by the Defendant as follows:

PROSECUTING AUTHORITY REPORT
On the 21st of April 2024, Senator xineyax cast an affirmative vote on the nomination of Supreme Court Justice Snowy_Heart. Whether or not Ms.Heart was a good selection, the nomination was invalid as per the Constitution, Part II Section 21:

"The following requirements exist in order to be nominated to the bench: Chief Justice - has accrued 150 hours and 12 hours of playtime in the last 30 days Justice - has accrued 125 hours and 12 hours of playtime in the last 30 days Judge - has accrued 72 hours and 12 hours of playtime in the last 30 days ‌ If‌ ‌there‌ ‌are‌ ‌no‌ ‌Justices‌ ‌on‌ ‌the‌ ‌Supreme‌ ‌Court,‌ ‌the‌ ‌President‌ ‌shall‌ ‌have‌ ‌one‌ ‌week‌ ‌to‌ ‌nominate‌ ‌a‌ ‌Justice‌ ‌or‌ ‌Chief‌ ‌Justice.‌"

This regulation within the constitution made the nomination conclusively illegal, as proven by Representative Bezzergeezer in a Congressional Press Release dated 16th April 2024. By voting on the nomination, Senator xineyax recognised and aided a breach of constitution.

This makes the Senator's duties inconsistent with their official duties, and thereby benefitting either themself or another through the acknowledgement of this illegal nomination. This therefore classifies the actions of the Senator as corruption under the Corruption and Espionage Offenses Act

This level of misconduct cannot be allowed to continue in the upper echelons of the Congress, and thus it is imperative that these egregious breaches of the Constitution are addressed and the parties in breach are appropriately reprimanded.

I. PARTIES
1. Senator Dartanboy
2. President GoldBlooded
3. Supreme Court Justice Snowy_Heart

II. FACTS
1. On 16th April 2024 President GoldBlooded illegally nominated Snowy_Heart to the position of Supreme Court Justice. This nomination was illegal as Snowy_Heart did not meet the requirements for nomination.
2. On the same day, Representative Bezzergeezer issued a Congressional Press Release regarding the nomination, clarifying the illegality of the nomination for the public, including Congress.
3. Senator Dartanboy acknowledged Snowy_Heart's lack of playtime in the Confirmation Hearing
3. On 21st April 2024, Senator xineyax cast an affirmative vote on the illegal nomination, causing Snowy_Heart to be confirmed as Supreme Court Justice.

III. CHARGES
The Prosecution hereby alleges the following charges against the Defendant:
1. 1 Count of Corruption for failing to act in accordance with their congressional duties, which include abiding by the Constitution, and therefore aiding in a breach of Constitution, thus falling under classification of the Corruption and Espionage Offenses Act Section 4, Subclause 2 - Corruption.


IV. SENTENCING
The Prosecution hereby recommends the following sentence for the Defendant:
1. $20000 Fine for Corruption in accordance with the Corruption and Espionage Offenses Act.

Witnesses:
- Senator v__d
- Representative Bezzergeezer
- Senator Vernicia

View attachment 43067

View attachment 43068

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 23rd day of April 2024
 
1714042714797.png


IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant is required to appear before the court in The Commonwealth of Redmont v. Xineyax [2024] SCR 26. Failure to appear within 72 hours of this summons will result in a default judgment.

I'd like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
I am present.
 
IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Commonwealth of Redmont
Prosecution

v.

xinexyax(Dartanboy representing)
Defendant

I. PLEA
The Defendant pleads NOT GUILTY.

II. ANSWER TO COMPLAINT
1. DISPUTE that on the 16th of April 2024, President GoldBlooded illegally nominated Snowy_Heart to the position of Supreme Court Justice.
2. DISPUTE that on the same day, Representative Bezzergeezer issued a Congressional Press Release regarding the nomination, clarifying the illegality of the nomination for the public, including Congress.
3. AFFIRM Senator Dartanboy acknowledged Snowy_Heart's lack of playtime in the Confirmation Hearing.
4. AFFIRM that on the 21st of April 2024, Senator xinexyax cast an affirmative vote on the nomination, causing Snowy_Heart to be confirmed as Supreme Court Justice and DISPUTE that the nomination was illegal.

III. DEFENSES
1. The Senate does not have Judicial Power – thus, the Senate cannot decide that a nomination is illegal. Similarly, the Senate cannot claim an impeachment is illegal and refuse to hold a trial, nor can the Senate claim a bill is illegal and refuse to hold a vote. The notion that the Senate can do this is absurd.
2. Let’s pretend for a moment that the Senate does have Judicial Power, there is still insufficient evidence to prove beyond a reasonable doubt that Snowy’s nomination was illegal. Particularly, Snowy was nominated on April 15 at 9:30 PM Central Time [Exhibit A]. Bezzer showed her playtime at 8:43 AM Central Time the next day – nearly 12 hours apart [Exhibit B]. Her playtime was only 5 hours, 16 minutes, and 4 seconds shy of the presumed 12-hour requirement. It’s entirely possible she had that playtime at the time of nomination, but it scrolled off overnight.
3. Additionally, there are several forms of Judicial Interpretation. While a Textualist approach would likely find Snowy’s nomination illegal (assuming she didn’t have the required 12 hours of playtime in the last 30 days), a Pragmatic or Structural approach would likely find it perfectly legal.
4. Corruption requires “The act of using a government position to act to give some advantage inconsistent with official duty and the rights of others to unfairly benefit oneself, or someone else.” So, let’s simply apply a simple Corruption Test:
Did xinexyax use a Government Position? – Yes, as a Senator, xinexyax voted on Snowy_Heart’s nomination.
Did this give an advantage? – Arguably yes, as this helped put Snowy_Heart on the bench.
Was it inconsistent with xinexyax's official duty? – Certainly not. Voting on nominations is literally the duty of a Senator.
Was it inconsistent with the rights of others? – I’m not aware of a Constitutional Right violated by this, even allegedly.

IV. MOTION TO DISMISS
The Defendant moves that the charges in this case be dismissed, and in support thereof, respectfully cites:

I. RULE 5.4 - Original Jurisdiction

As this case seeks only $20,000 in fines, the Federal Court has jurisdiction.

II. RULE 5.5 – Lack of Claim
The Prosecution seeks the following charge: “1 Count of Corruption for failing to act in accordance with their congressional duties, which include abiding by the Constitution, and therefore aiding in a breach of Constitution, thus falling under classification of the Corruption and Espionage Offenses Act Section 4, Subclause 2 - Corruption.”

This fails to allege necessary components of Corruption, particularly giving someone an unfair advantage and being inconsistent with the rights of others.

III. RULE 5.7 – Immunity Protection
As a Senator, it is xinexyax's duty to vote on nominations. It is required by the Constitution in Section 21 – “Federal Court Judges,‌ ‌Supreme‌ ‌Court‌ ‌Justices,‌ ‌and‌ ‌the‌ ‌Chief‌ ‌Justice‌ ‌are‌ ‌to‌ ‌be‌ ‌nominated‌ ‌by‌ ‌the‌ President‌ ‌and‌ ‌approved‌ ‌by‌ ‌the‌ ‌Senate.‌” – since this is an expressed Constitutional responsibility, Senators are Constitutionally immune to being sued for voting on nominations.

EVIDENCE
Exhibit A
Exhibit B

(I'm having trouble attaching images today, but these are the same Exhibit A and B from Commonwealth v. Dartanboy - I will attach them later)

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 27th day of April 2024.
 
Consent to Represent:
1714249785506.png
 
Due to Chief Justice Nacholebraa's resignation last night, this case is in recess pending another available Justice.
 
MOTION TO NOLLE PROSEQUI​

The Attorney General's office respectfully requests the dismissal of this case. This decision follows an internal review of the matter.

Thank you.
 
Does the Defense have any objections?
 
Dartanboy said:
I don't believe anyone can force the Commonwealth to prosecute. So no objections?
Click to expand...
Doing this as to ensure minimal pushback and that there are no pushbacks against the dropping of the case.

This case is hereby dismissed at request of the Prosecution.
 
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