Chief Justice Roy Moore's Court Trial

 
I would encourage you to make copies of this document to give to your church leadership and fellow Christians. You could send it out on your e-mail list as well. I would also suggest that you take the time to instruct your children about the important issues that are raised in this trial. The future of America is at stake and our children may have to face similar situations, if they remain true to the Lord in this perverse and crooked nation.

On a hopeful note, perhaps, this trial signals the beginning of the reformation of the church and the restoration of America. Oh God, let it be so! - Rev. Rusty Lee Thomas

Chief Justice Roy Moore's Court Trial

Disclaimer
Due to the blackout and censorship that forbad the public to view the proceedings in Roy Moore's court trial, Operation Save America thought it prudent to take notes during the trial. This outline is not the actual transcript of this historical trial. It is a compilation of written, key observations taken during the trial. It is not comprehensive nor exhaustive in scope, but provides a general outline of the thoughts and arguments presented.

1. Opening prayer and intro of judges

2. Intro of attorneys, both sides.

3. Charges against Roy Moore.

A. Attorney General Bill Pryor leveled the six charges against former Chief Justice Roy Moore.

1. He was charged with failure to respect and comply with the law.

2. He was charged with failure to uphold the integrity and independence of the judiciary.

3. He was charged with failure to avoid impropriety.

4. He was charged with denigrating the public confidence in the judiciary.

a. There were two other charges that I wasn't able to record, but they also deal with some form of failure to uphold the integrity of the justice system.

4. The prosecuting attorney brought forth its "evidence" by submitting 20 exhibits in their case against Mr. Moore.

A. They ranged from the various court orders by Federal Judge Myron Thompson, media transcripts and statements, contempt charges, notice of filings, and video documentation.

5. Defense attorneys submitted 8 exhibits in defense of Mr. Moore.

A. They ranged from defendant's responses, oath of office, preamble to the Alabama Constitution, Alabama Code of Ethics, pamphlet written by Mr. Moore on our godly legal heritage, the Ten Commandment's written statement, copy of department of Commerce, State, and Judiciary 2004 form, and copy of campaign literature.

6. Prosecution's opening argument.

A. The prosecutors declared their statements would be brief, but would provide indisputable "evidence" of Roy Moore's guilt in this matter.

1. They believe his actions violated the canon of judicial ethics and integrity.

2. They went through the chronological order of events leading up to this fateful day.

3. They presented Roy Moore's legal right to appeal that failed time and time again.

4. After his appeals were denied, their contention is, he still refused to remove the monument.

5. His actions, according to the prosecutors, brought the judicial system into disrepute.

7. Defense's opening arguments.

A. The defense stressed that this was a very important and serious day before this court.

1. The implications and ramifications of this case will have a far reaching affect.

2. They demonstrated that former Chief Justice Roy Moore ran his campaign as the "Ten Commandments" judge.

a. It was no shock to the general public that he would somehow publicly display the Ten Commandments.

b. His entire life history and campaign bore witness to his actions.

c. Alabama citizens overwhelmingly elected him to office based on these premises.

3. Their second point was as Chief Justice, Roy Moore, had the responsibility to decorate the Supreme Court building of Alabama.

a. The placement of the monument was in the realm of his authority and capacity as the head justice of the judicial system in Alabama.

b. The defense gave the history of Roy Moore placing the Ten Commandments and other significant founding Christian documents that support the basis of our law and government in America in previous lower court rooms.

4. The defense did not dispute the chronological order of events, but rejected the prosecutors interpretation of those events.

5. The defense declared that Roy Moore would not deny his oath of office, nor the confidence of the Alabama citizens who elected him to office.

6. The defense stated that the evidence will show that former Chief Justice Roy Moore did not violate the charges arrayed against him.

a. As far as the appeal process, Roy Moore did not receive his last denial until Monday last week.

b. This point was important, because the injunction stated that when Roy Moore exercised all his options of appeal, he must then obey the order.

c. They took the monument away and brought charges against Roy Moore before all his options were exercised.

8. The prosecution's first witness.

A. They did not call one human soul to testify in this trial.

1. They played two video tapes of Roy Moore's powerful defense of his actions in this matter.

a. (Editor's note) Quite frankly, the "evidence" the prosecutors brought to condemn him, at least, in my mind, completely exonerated him.

b. The apologetic from this godly statesman was powerfully anointed.

c. His propositions were self-evident, and yet the prosecutors tried to use them to find him guilty.

9. 15 minute break in trial.

10. The defense attorney rigorously and vigorously protested the arrangement of the court setting.

A. Roy Moore was to be called as the first witness for defense.

1. The witness chair was placed in front of the judicial inquiry and facing the judges panel. The setting was more fitting for an inquisition than a court trial.

2. The key issue was Roy Moore had every legal right to face his accusers and the arrangement here disallowed it.

3. The judges hemmed and hawed about the sound system and microphones being disturbed.

4. When the defense called Roy Moore as their first witness, he took it upon himself to turn the table around to face his accusers.

B. Roy Moore takes the stand.

1. First exhibit was a picture of Roy Moore at a recent visit to his West Point Academy. The picture was of Roy Moore standing next to a defense of the Constitution plaque. The plaque contained the oath that every American military man makes in defense of the Constitution.

2. The next several minutes entailed the defense attorney establishing Roy Moore's personal history and testimony.

a. He grew up in a poor family in a rural community in Alabama.

b. He worked for Piggly Wiggly for 85 cents an hour.

c. He graduated from High School and eventually went to West Point.

d. He became Company Commander in Vietnam.

e. He supervised over two hundred men at a stockade.

f. The nickname his fellow soldiers gave was "Captain America."

g. It was given in derision.

h. Roy Moore kept the rules and he made sure those who served beneath him kept the rules as well. In an age of rebellion, drugs, men dying in combat, or sleeping on duty, Roy Moore stood for discipline, honor, and duty. It was an unpopular stance. Thus the nickname.

i. After serving his duty in Vietnam, Roy Moore went to college to study to be a lawyer.

j. He practiced general law, criminal defense, served in the District Attorney's office, and helped to defend or prosecute all types of cases.

k. Ran for District Judge and failed.

l. He toured for awhile competing in full contact karate events.

m. He also traveled to Australia to try his hand at ranching.

n. He met his wife in 1985.

o. He ran again for public office and failed once again.

p. Eventually he was appointed to the position of Circuit Judge.

q. Reelected to same position.

r. While Circuit Judge the dispute over the Ten Commandments commenced.

s. It centered on a wooden plaque carved by his own hand in honor of the Decalogue.

t. He placed the Ten Commandment plaque, the Mayflower Compact, the Declaration of Independence, and pictures of Washington and Lincoln on his court house wall.

u. He also began every court session in prayer.

v. For prayer and the display of the Ten Commandments, the ACLU filed a law suit against him.

w. The judiciary inquiry went on a witch hunt. They not only went after him publicly, but privately. They even ceased his assets at his bank.

(Editors note) Obviously, for years this inquiry have had their sights on destroying this godly statesman. The outcome of this trial was a foregone conclusion.

y. He was investigated by the ethics inquisition as well.

z. Roy Moore fought back and filed suit. They dropped the witch hunt immediately.

3. He ran for State Supreme Court and was overwhelmingly voted into office.

a. He ran on a moral foundation of law platform.

b. Exhibit 8 was the literature promoting this campaign.

c. The premise of the campaign literature centered on the truth that the God of the Holy Bible is the basis for all just laws.

d. He was sworn into office and took an oath to uphold the Constitutions of Alabama and the United States.

e. The source for keeping these oaths was to state, "So help me God."

f. The Preamble of the Alabama Constitution acknowledges God as the source and foundation of the justice system and law in Alabama.

4. Responsibilities of Chief Justice.

a. Exhibit 4 demonstrated one of the many responsibilities associated with the

Chief Justice office was to establish the decorum of the court building.

b. It should not have been a surprise then that Chief Justice Roy Moore would decorate the building with some mention of God as the basis for American law, government, and justice.

5. Exhibit 5 was submitted into evidence.

a. Exhibit 5 was a pamphlet written by Roy Moore that taught the legal heritage of America.

b. The purpose was to educate the citizens of Alabama and America on this crucial legal legacy.

c. Much of the pamphlet relied heavily of Blackstone's Commentaries on English Law.

d. It also provided the context for the inspiration and formulation of our Constitution and the Declaration of Independence.

(Editor's note) You could not be a lawyer in America for two centuries, unless you were thoroughly trained in Blackstone's Commentaries. This practice ceased in the early 20th century in America. The fruit of this foolish withdrawal is self-evident.

Though this was not submitted into evidence Blackstone helps to define the core issue involved in this trial. He stated, "Man, considered as a creature, must necessarily be subject to the laws of his Creator, for he is entirely a dependent being....And, consequently, as man depends absolutely upon his Maker for everything, it is necessary that he should in all points conform to his Maker's will...this will of his Maker is called the law of nature...This law of nature, being coeval with mankind and dictated by God Himself, is of course superior in obligation to any other. It is binding over all the globe in all countries, and at all times: no human laws are of any validity, if contrary to this. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures...Upon these two foundations, the law of nature and the law of revelation (found only in Holy Scripture), depend all human laws; that is to say, no human laws should be suffered to contradict these."

This statement reveals why America censored and banished Blackstone from the minds of promising lawyers in America. There is no way Roy Moore would have been found guilty and removed from office if this training was still available in law schools.

e. After being installed as Chief Justice, Roy Moore formulated a plan to display a monument.

f. This process took 8 months.

g. Roy Moore described the monument and all its quotes. On the top of the monument the Ten Commandments was prominently displayed. The four sides were inscribed with selected quotes that established the support that the law of God is foundational for law in America and God is absolutely essential for the basis of justice.

The following are the exact quotes on the front side of the monument.

"THE LAW OF NATURE ARE THE LAW OF GOD; WHOSE AUTHORITY CAN BE SUPERCEDED BY NO POWER ON EARTH." -George Mason, Founding Father.

"LAWS OF NATURE AND OF NATURE'S GOD." -Declaration of Independence.

"THE TRANSCENDENT LAWS OF NATURE AND NATURE'S GOD, WHICH DECLARES THAT THE SAFETY AND HAPPINESS OF SOCIETY ARE THE OBJECTS AT WHICH ALL POLITICAL INSTITUTIONS AIM, AND TO WHICH ALL SUCH INSTITUTIONS MUST BE SACRIFICED." - James Madison.

"THIS LAW OF NATURE, BEING CO-EVAL (SIC) WITH MANKIND AND DICTATED BY GOD HIMSELF, IS OF COURSE SUPERIOR IN OBLIGATION TO ANY OTHER. IT IS BINDING OVER ALL THE GLOBE, IN ALL COUNTRIES, AND AT ALL TIMES: NO HUMAN LAWS ARE OF ANY VALIDITY, IF CONTRARY TO THIS;...UPON THESE TWO FOUNDATIONS, THE LAW OF NATURE AND THE LAW OF REVELATION, DEPEND ALL HUMAN LAWS; THAT IS TO SAY, NO HUMAN LAWS SHOULD BE SUFFERED TO CONTRADICT THESE." -William Blackstone.

The quotations on the left side of the monument are as follows:

"THE INCLUSION OF GOD IN OUR PLEDGE THEREFORE WOULD FURTHER ACKNOWLEDGE THE DEPENDENCE OF OUR PEOPLE AND OUR GOVERNMENT UPON THE MORAL DIRECTIONS OF THE CREATOR." - Legislative History (sic)

"ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL." Pledge of Allegiance 1954

"HUMAN LAW MUST REST ITS AUTHORITY ULTIMATELY UPON THE AUTHORITY OF THAT LAW WHICH IS DIVINE." - James Wilson.

"AND CAN THE LIBERTIES OF A NATION BE THOUGHT SECURE WHEN WE HAVE REMOVED THEIR ONLY FIRM BASIS, A CONVICTION IN THE MINDS OF THE PEOPLE THAT THESE LIBERTIES ARE OF THE GIFT OF GOD? THAT THEY ARE NOT TO BE VIOLATED BUT WITH HIS WRATH? - Thomas Jefferson.

The quotations on the back of the monument are as follows:

"LET IT SIMPLY BE ASKED, WHERE IS THE SECURITY FOR PROPERTY, FOR REPUTATION FOR LIFE, IF THE SENSE OF RELIGIOUS OBLIGATION DESERT THE OATHS WHICH ARE THE INSTRUMENTS OF INVESTIGATION IN COURTS OF JUSTICE?" -George Washington

"SO HELP ME GOD." -Judiciary Act of 1789

"THE GREATER PART OF EVIDENCE WILL ALWAYS CONSIST OF THE TESTIMONY OF WITNESSES - THIS TESTIMONY IS GIVEN UNDER SOLEMN OBLIGATIONS WHICH AN APPEAL TO THE GOD OF TRUTH IMPOSE THOSE (SIC?); AND IF OATHS SHOULD CEASE TO BE HELD SACRED, OUR DEAREST AND MOST VALUABLE RIGHTS WOULD BECOME INSECURE." -John Jay

The quotations on the right side of the monument are as follows:

"WE, THE PEOPLE OF THE STATE OF ALABAMA, IN ORDER TO ESTABLISH JUSTICE, INSURE DOMESTIC TRANQUILITY, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, INVOKING THE FAVOR AND GUIDANCE OF ALMIGHTY GOD, DO ORDAIN AND ESTABLISH THE FOLLOWING CONSTITUTION AND FORM OF GOVERNMENT FOR THE STATE OF ALABAMA." -Constitution of Alabama

"IN GOD WE TRUST." -National Motto, 1956

"O THUS BE IT EVER WHEN FREEMEN SHALL STAND BETWEEN THEIR LOV'D HOME AND THE WAR'S DESOLATION! BLEST WITH VICT'Y AND PEACE MAY THE HEAV'N RESCUED LAND PRAISE THE POWER THAT HATH MADE AND PRESERV'D US A NATION! THEN CONQUER WE MUST, WHEN OUR CAUSE IS JUST, AND THIS BE OUR MOTTO-'IN GOD WE TRUST.' AND THE STAR-SPANGLED BANNER IN TRIUMPH SHALL WAIVE O'ER THE LAND OF THE FREE AND THE HOME OF THE BRAVE." -National
Anthem

h. In conclusion of this evidence, Roy Moore fulfilled his campaign promise to the citizens of Alabama and kept his oath of office.

6. Exhibit 6 was submitted into evidence.

a. Exhibit 6 was the transcript of Roy Moore's statement at the unveiling of the monument.

7. Federal lawsuit was filed against Roy Moore demanding the removal of monument.

a. The opinion allowed for appeal.

b. When the time comes, however, he must obey the order.

c. (Editor's note) It wasn't until recently that the Supreme Court refused to hear the appeal from Roy Moore. Meanwhile the powers that be removed the monument, suspended Roy Moore, and plotted to remove him from his office before the appeal process ran its course.

d. The defense stated that Roy Moore was disqualified to this day.

e. The defense asked Roy Moore if he was fully aware of the charges against him.

f. Yes, he was and the charges themselves acknowledge God as the basis of upholding the integrity of the judicial system.

g. God is the source of ethics and therefore it is no violation to acknowledge God in the public life of our nation.

h. Contrary to the prosecutor's opinions, the words and actions of former Chief Justice Roy Moore served to strengthen the integrity of the judicial system, rather than denigrate it.

i. His righteous stand upholds his high office, rather than brings it into disrepute.

j. The defense asked Roy Moore if he desired to return to his office as Chief Justice. He responded in the affirmative.

11. The prosecutors cross examine Roy Moore.

A. The monument according to Federal Judge Myron Thompson represented an establishment of religion. (Editor's note) Roy Moore pointed out in Thompson's opinion that he couldn't define the word "religion." The logic being, if you can't define it, how can you give an order declaring it is being established?

1. The prosecutors then chronicled the lawsuit, subsequent opinions, the failure in the appeal process, and the refusal of the Supreme Court to hear Roy Moore's case as evidence that everyone in the judiciary disagreed and rejected his arguments.

2. The prosecutors asked Roy Moore did he stand by his testimony?

3. They asked him would he do it again?

4. It is at this point in the trial that the central issue was brought to light. Three times Attorney General, Bill Pryor, in inquisition fashion, demanded of Roy Moore, if he was reinstated to his former position would he still acknowledge God? (Editors note) The exact language was not if he would return the monument to the rotunda, but would he continue to acknowledge God? This is the actual testimony in this part of the trial.

Pryor: Mr. Chief Justice? And your understanding is that the Federal court ordered that you could not acknowledge God; isn't that right?

Moore: Yes.

Pryor: And if you resume your duties as Chief Justice after this proceeding, you will continue to acknowledge God as you have testified that you would today---

Moore: That's right.

Pryor: ---no matter what any other official says?

Moore: Absolutely. (Chief Justice Moore then elaborated.)

Pryor: The only point I am trying to clarify, Mr. Chief Justice, is not why, but only that, in fact, if you do resume your duties as Chief Justice, you will continue to do that [acknowledge God] without regard to what any other official says; isn't that right?

Moore: (He responds by listing numerous examples of the public acknowledgement of God, and concluded answering the question.) I think you must.

(Editor's note) This court room scene is reminiscent of another important historical trial. It was demanded of Martin Luther, the German Reformer, several times to recant of his writings and teachings by the inquisition of his day. Martin Luther through much struggle steadied himself and declared, "Here I stand, I can do no less."

Roy Moore has made a similar statement and stand in our day. Martin Luther's moral courage ushered in the Great Reformation in earnest in his day. Perhaps by God's grace, Roy Moore's righteous stand will usher in the Second American Revolution and Reformation in our day.

12. Closing arguments by the prosecutors.

A. The prosecutors harped on this lengthy litigation.

1. They stated that Roy Moore raised his claims and lost.

a. The prosecutors then read Roy Moore's own statements as evidence of his violations of canons 1 and 2 and his guilt in all six charges.

b. They stated that Roy Moore publicly declared he would not obey the court order. (Editor's note) This is not entirely true. He stated he would not remove the monument. To do so, would be tantamount of denying his Lord, violate his oath of office, and betray the trust of the citizens of Alabama.

c. They accused him of a deliberate refusal to comply with the rule of law.

d. It was his lack of action that kept the monument in place past the due date set for its removal.

e. The other judges who were also served with Myron Thompson's court order finally acted and moved the monument to save Alabama from the financial penalties exacted by the Federal Judge Thompson.

(Editor's note) These other judges are an interesting lot. They are symptomatic of Christians who serve in public office today that lack the moral courage to stand against judicial tyranny. They released a previous statement acknowledging that the monument being displayed in the rotunda of their building was Constitutional. They actually said it did not violate the Constitution. They also declared their personal belief in the monument and what it stands for, BUT a federal judge gave an order and thus it must be removed.

Much has been spoken about in this trial and the press over the issue of what constitutes the meaning of the rule of law. Attorney General Bill Pryor, the other judges, and the ACLU believe the rule of law comes from edicts of unelected men in black robes, whereas our Founding Fathers, former Chief Justice Roy Moore, and Christians who hold to a Biblical worldview believe the rule of law comes from our Constitution which rests squarely upon God and His Law.

If there is no Transcendent God to call upon and there is no such thing as Higher Law, then there is no basis for American freedom and we are a rouge nation in rebellion to a lawful authority I.e. England. Our Founding Fathers looked to the Laws of Nature and of Nature's God as the moral authority to sever ties with England to become a free and independent nation amongst the nations of the earth. If Roy Moore is wrong and the federal tyrant Myron Thompson is right, then the American experiment in liberty is wrong and the oppressors of England were right.

12. Closing arguments for the defense.

A. The defense attorney began with a quote from Attorney General Bill Pryor.

1. "God has chosen this time and this place so that we can save our country and save our courts for our children. I became a lawyer because I was concerned that we were losing our Constitutional Democracy in this country and to oppose the ACLU which originally sued to remove Moore's display." -Bill Pryor

(Editor's note) Bill Pryor previously was former Chief Justice Roy Moore's lawyer. He once defended Mr. Moore and the public acknowledgement of God. Consequently, Bill Pryor had access to privileged information concerning the history of this case. Recently, however, he became Roy Moore's chief prosecutor. He personal chose the judges' panel that would sit in judgment of Roy Moore. It was a kangaroo court and Roy Moore's guilt was a foregone conclusion before Mr. Moore stepped one foot into the courtroom to face this inquisition.

Some people question what motivated Bill Pryor to become a Judas and betray his own personal beliefs to condemn Roy Moore. Some of it may be due to faulty theology or due to faulty Constitutional law. The main reason, however, lies in the fact that Bill Pryor has been nominated by President Bush to be promoted to the federal judiciary. Bill Pryor sold his soul for a bunch of political correct pottage. He has denied the faith, bowed down and kissed the image of humanism, and condemned a righteous man. All this, so he can be promoted by an increasingly godless and anti-Christ government. The very government he said he wanted God to save. How can God save a government when they refuse to acknowledge Him or believe that a human judge has more authority and can sit in judgment over God?

2. The defense lawyer told a story about the tight rope walker between two tall buildings. He asked the crowd if they believed he could make it across the wire. The crowd shouted in the affirmative. He walked across it with ease. He came back and asked the crowd if they believed he could ride a bike across the wire.

Again, the crowd shouted with a resounding yes! He rode the bike across. He came back one more time and asked the crowd if they believed he could walk across the wire pushing a wheel barrel. The crowd roared that he could do it. The tight rope walker then asked for a volunteer to get into the wheel barrel.

a. The defense basically stated that Roy Moore has gotten into the wheel barrel and how many of you are going to join him.

(Editor's note) A good friend from Alabama stated Roy Moore is not the one in the wheel barrel, but the one pushing it and he bids the others come.

3. There were many arguments in Roy Moore's defense, but the one that stood out the most was Roy Moore is not obligated to obey an unlawful order.

a. Using the military as an example of the importance of following orders, the defense stated that even there, a soldier is not bound to obey unlawful orders.

b. The court order by Myron Thompson was not lawful or Constitutional and Roy Moore was not bound to obey it.

(Editor's note) Martin Luther King Jr. gave an excellent apologetic on how one determines what is a just and unjust law or order. He stated, "...There are two types of law, just and unjust. I would be the first to advocate obeying just laws. One not only has a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that, 'an unjust law is no law at all.' Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, 'An unjust law is a human law that is not rooted in eternal law and natural law.'" This quote speaks directly to the case at hand. Any law of human origin that contradicts the law of God is not binding. In fact, one has the moral obligation to disobey. Roy Moore exercised moral courage and refused to obey an unjust law.

13. Closing argument of Attorney General Bill Pryor.

A. The main argument was no man is above the law.

1. According to Pryor, former Chief Justice Roy Moore placed himself above the law by disobeying what he considered a lawful order.

(Editor's note) Bill Pryor went so far as to suggest that one is to obey, regardless if it is right or wrong.

2. He then went on to state that no judge, police officer, or citizen can pick and choose what laws or orders will be obeyed or followed.

a. Chaos and confusion would follow and the authority of government would be undermined.

3. He asked the panel to find him guilty, remove him from office, and the rest is history.

IN KING JESUS' SERVICE,

Rev. Flip Benham

National Director, Operation Rescue/Operation Save America

Rev. Rusty Lee Thomas

Assistant Director, Operation Rescue/Operation Save America