Here are the main points of the argument - I will publish the full testimony when I complete it.
I.
ABA’s withdrawal of its book deal for a Chinese
civil rights attorney is a continuation of ABA’s policy of non-support of
politically oppressed civil rights attorneys in the United States.
II.
The U.S. Constitution has become largely
unenforceable through the Civil Rights Act because of the court-invented rules
and doctrines. The lack of effective legal
remedies for violations of human rights is a major problem in the U.S. which
ABA refuses to address – and that refusal is directly related to ABA’s position on rescinding its book offer to Dr. Teng Biao. Analysis of court-created rules,
doctrines and practices and explanation why they undermine enforcement of
constitutional violations is included.
III.
Antitrust problems, conflicts of interest in regulation of the legal profession, including control by the ABA, and
control by the government attorneys are contrary to the declared purpose of attorney regulation, protection of consumers of legal services. Such problems are undermining access to justice
of indigent population for enforcement of their constitutional rights against
encroachment by the government. Analysis
of legal concepts involved, facts and links to documents in support is
provided.
IV.
Control of a non-profit corporation ABA over
governmental licensing through certification of legal education as a
pre-condition of such licensing, and thus control by a corporation with foreign
membership and financing over independence of court representatives and over
access to court is a major problem. Consumers of legal services must be given a right to choose their court representative themselves, and not out of a government-vetted pool, especially when the government is opponent in litigation.
V.
Secret-membership organizations with
participation of attorneys and judges providing opportunities for fixing cases
through ex parte communications behind closed doors and providing
attorney-sponsored benefits to judges (free meals, free trips, scholarships
etc.).
VI.
Unavailability of strong whistle-blower protection
for attorneys raising federal constitutional issues.
VII.
Use of court rules and sanctions as a means of
political repression against attorneys raising constitutional issues on behalf
of their clients in the United States, impact of such sanctions upon the
independence of the bar and upon access to court and the rule of law for all
Americans.
VIII.
Unavailability of discipline for judges and
prosecutors as the majority pool of judicial candidates. Analysis, facts and links to documents in
support are provided.
IX.
Unavailability of a legal remedy for violation
of human rights outside of the country – through the U.N. Convention on Political
and Civil Rights.
X.
The needs for reforms, and proposed reforms.
I request feedback from my readers, if they would like me to cover any other points related to the above topics in my testimony.
I appreciate and will review all suggestions.
Thank you.
I request feedback from my readers, if they would like me to cover any other points related to the above topics in my testimony.
I appreciate and will review all suggestions.
Thank you.
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