EVOLUTION OF JUDICIAL TYRANNY:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This
case illustrates to me the serious consequences to the Bar itself of not
affording the full protections of the First Amendment to its applicants for admission.
For this record shows that [the rejected attorney candidate] has many of the
qualities that are needed in the American Bar. It shows not only that [the
rejected attorney candidate] has followed a high moral, ethical and patriotic
course in all of the activities of his life, but also that he combines
these more common virtues with the uncommon virtue of courage to stand by his
principles at any cos
t.



It is such men as these who have most greatly honored the profession of the
law. The legal profession will lose much of its nobility and its glory if it is
not constantly replenished with lawyers like these. To force the Bar to become a
group of thoroughly orthodox, time-serving, government-fearing individuals is to
humiliate and degrade it.”
In
Re Anastaplo,
18 Ill. 2d 182, 163 N.E.2d 429
(1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong
dissent
,
366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan,
dissenting.



“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

Monday, January 30, 2017

The U.S. Court of Appeals for the 2nd Circuit and its "Wide is My Motherland" (oops, "Just-Us for All") brainwashing program for gullible youth

On January 23, 2017 (3 days after inauguration of President Trump), the U.S. Court of Appeals for the 2nd Circuit made the following announcement on its website:

The website interlinked in that announcement, http://justiceforall.ca2.uscourts.gov/, displays a slide show of solemn faces of young people that is supposed, I understand, to convey the message that the court is eager to open up to the public and teach the public about its operations, so that the public, and especially the young adults, the future of the country, would understand better the workings of the court (and thus trust and support judicial power of the court).

The announcement on the front page of the website says:


Programs included into this "civic education initiative" are:

  1. Visits for school and college students to the courthouse;
  2. "Civic education";
  3. "Student contests";
  4. "Reenactments"; - I do not think they include into that part a re-enactment of court-fixing that is going on even now, through the New York State-Federal Judicial Council, or the disdainful discussions of how to toss nearly 100% of civil rights cases without review on the merits, through summary non-precedential orders;
  5. "Civic ceremonies";
  6. ."Speakers" - where the busy judges somehow find time to come and speak to students about their own excellence and about the excellence of their system, while hiding its corruption through denials of FOIA requests, denial of civil rights appeals targeting judicial corruption and fixing civil rights cases involving judges or their relatives or friends behind closed doors, through the New York State-Federal Judicial Council;
  7. "Adult education" - no, it's not pornography, it is much worse, it is stuffing the heads of adults with fake news about "integrity" of a corrupt court, to instill an illusion that there is "access to court" and there are remedies for human rights violations in this country, which is not true - so that people would not protest against corruption of the court, viewing it through pink glasses of illusions



Questions that I, as a taxpayer and citizen have in connection with this "program", are:

1) where did the money come from? Since then the government is allowed to run a fake self-PR campaign under the guise of "civic education", while hiding from the public the most essential information about its own operation?

2) where did the time come from? Isn't the 2nd Circuit so suffocated for time that it switched (illegally) practically all civil rights cases to a "certiorari" review, denying review on the merits with full opinions, to nearly 100% of civil rights cases, and instead, rubber-stamping district court decisions, whatever they say, in "summary", non-precedential, orders, despite the fact that all appellant pay the same filing fee, and despite the fact that procedural rules require from the court the same level of review for all appellants?  I am sure THAT little aspect of the Court's "operation" is not taught as part of this "civic education";

3) the next question I have is - why such an interesting timing?  Why pretend that the 2nd Circuit is the beacon of the "rule of law" just 3 days after the inauguration of President Trump?

There were no problems with the rule of law in the country before President Trump taking office?

The court does not totally lack transparency as to:

(1) communication with chosen attorneys appearing in front of the court through the Federal Inn of Court?

(2) communication with chosen attorneys and state judges through New York State-Federal Judicial Councils? The NYS FJC is a shadow organization that does not have any legal basis for existence, that includes federal judges appointed by the Chief Judge of the 2nd Circuit and by the Chief Judge of the New York State Court of Appeals, but no lists of judges are available on freedom of information requests to either courts:

  • state FOIL requests are stonewalled because, allegedly, there are no such records with the office of New York Court administration - even though many attorneys and some judges (after retirement) boast in their advertisements that they have the ear of judges they appear in front of, by being part of "Advisory Committee" to that "Council", or being part of the "Council" itself, as did, for example, did in his advertisement for himself and his law firm the retired judge of the New York State Appellate Division 3rd Department Thomas Mecure, now "of counsel" with a powerful Albany law firm Carter Conboy

In his and his law firm's advertisement, "Justice" Mercure, advertising as a private attorney, claims that for 10 years (2003-2013), including the year when I sued him and his court on behalf of my husband in a civil rights action, he was "one of five state judges meeting regularly with five federal judges to facilitate the disposition of cases in both court systems".

So, at the time when my husband's motions to vacate his unconstitutional order of disbarment obtained to eliminate my husband as competition for son-of-a-judge Richard Harlem and his father, retired Supreme Court Justice, former Chief Administrative Judge for the 6th Judicial District of New York State, and a landlord of State Senator James Seward of many decades - and at the time when I was suing Judge Mercure and various other judges of his court for declaratory judgment and injunctive relief - Judge Mercure, without disclosure to me as his opposing counsel in litigation, was actually part of a group of "five state and five federal judges" who "regularly met" to "facilitate disposition" of "state and federal court cases" - in other words, they met to fix court cases in both state and federal court, and Judge Mercure is proudly announcing it on his website as part of his attorney advertisement.

"I fixed court cases as a judge, I still have connections as a retired judge, and I can do it for you now, my dear clients, for a fee, in both state and federal courts".

And that is exactly why


Because, such lists, and dates of their participation in the Council, will show too much - when compared with lawsuits where state judges, or their courts, were defendants in the very same cases they were "facilitating" behind closed doors with federal judges - with full permission and approval of the Chief Judge of the U.S. Court of Appeals for the 2nd Circuit - which is an impeachable offense and a crime that the FBI should take up, but doesn't, because in this country, federal judges are untouchable, no matter what they do, from sexual assaults on court personnel to fixing cases behind closed doors.

Maybe, the young people who come to federal courts on tours must be forewarned that they can be preyed upon by judges who are sexual predators, and nothing will be done about it - because judges in this country are allowed to do ANYTHING with impunity?

The 2nd Circuit refused to even disclose the structure of the New York State Federal Judicial Council - which Judge Mercure so readily discloses in his advertisement (5 state judges and 5 federal judges), and from the only record that the NYS OCA agreed to cough up in response to my FOIL request, we also know that the state judges are appointed by the Chief Judge of New York State Court of Appeals and the federal judges are appointed by the Chief Judge of the U.S. Court of Appeals for the 2nd Circuit.

Given that NYS Chief Judge Janet DiFiore criminal endeavors before she took the bench was widely reported, but nobody dared to prosecute her, a close friend of the Governor (New York Senate also refused to investigate her, being thrown a bone of appointment of their own counsel Michael Garcia, friend of felon former NYS Court of Appeals Chief Judge Sol Wachtler, to the Court of Appeals) before she took the bench, and as soon as she took it, she

  1. fixed a court case with a gross conflict of interest of her husband Dennis Glazer in May of 2016; and;
  2. in July of 2016 she went so far as appointing her own husband Dennis Glazer - likely as a 35-year marriage anniversary gift - to co-chair a "Task Force" "researching" whether to advise New Yorkers to change or not to change their own State Constitution (lest they should decide to abolish judicial immunity for corruption, I guess)
I can only imagine how and for what benefits and promises Janet DiFiore is making her other appointments of friends and family, or of friends of friends, and how she is "appointing" judges to this shadow organization in order to fix civil rights cases against judges, police and prosecutors - those who were invited, as friends, to her swearing-in ceremony in February of 2016.

I am sure, the gullible youths who will come to participate in the "civic education program", will not be taught about case fixing, or that no matter what a federal judge does in regards to a court case, he or she is immune from lawsuit for malicious and corrupt acts from victims of his corruption, and the federal Judicial Disability Act does not allow discipline of such a judge - again, because his or her corruption was in regards to a court case, leaving as the only remedies:

  • impeachment - which nearly never happens; and
  • an FBI investigation - which never happens as to federal judges, no matter what they do.
This "civic education program" is Soviet-type brainwashing, and Soviet-type propaganda.

And, while the issue of court corruption is the MAIN issue in this country - because, with the rampant court corruption, as it exists now, without any effective mechanisms of dealing with it, and with the legal profession and the media in the grips of fear to even touch the issue - there is no hope of "justice for all".

But, that's not a "newsworthy" subject, and I do not see "thousands of lawyers descend" upon the 2nd Circuit and other federal and state courthouses in the State of New York (like they do to get into the limelight of "protests" against President Trump's executive order on immigration), boycotting, protesting, offering pro bono representation to victims of court misconduct and corruption - or no, self-preservation of the legal profession and of judges reigns supreme.

It is better to employ a corruptionist like Judge Mercure as soon as he retires and use his connections for profit rather than fight corruption in court - and end up without a license.

Justice for all be damned.

At the end, I will offer a music piece for your entertainment, which very closely portrays what the 2nd Circuit is doing through its "Justice for All" program.

It is a song, which was very popular in the Soviet Union when I was growing up there - the song, created and instilled into the brain of every person in the country, broadcast by government radio stations, sung at "anniversary" of this or that concerts, sung at the time when:

  • freedom of speech was suppressed;
  • private enterprise was a felony;
  • religious beliefs were persecuted, to the point of children taken away from religious families (of any faith), and people of faith losing their jobs;
  • criticism of the government resulted in prison time, or punitive psychiatric lock-up where the dissident was turned into a vegetable by psychotropic drugs
at this very time this song was proliferated in the country and seeped into the brains of every person on the Soviet soil:

Wide is my Motherland,
Of her many forests, fields, and rivers!
I know of no other such country
Where a man can breathe so freely.

From Moscow to the borders,
From the southern mountains to the northern sea
A man stands as a master
Over his vast Motherland
.

Throughout life, and freely and widely,
Just like the Volga flows.
The youth are always dear to us,
The old are always honored by us.

Wide is my Motherland,
Of her many forests, fields, and rivers!
I know of no other such country
Where a man can breathe so freely.

Our fields are too wide for the eyes,
Our cities are too many to remember,
Our proud word - comrade -
To us is higher than all fine words.

With this word everywhere we feel at home.
For us there are no "blacks" or "coloreds".
This word is familiar to everyone,
With it we always find friends.

Wide is my Motherland,
Of her many forests, fields, and rivers!
I know of no other such country
Where a man can breathe so freely.

At our table, no one is excluded,
Each is awarded on merit,
In golden letters we write
The people's Stalin's law.

These great and glorious words
Will live through the years:
A person always has the right To study, rest, and work.

Wide is my Motherland,
Of her many forests, fields, and rivers!
I know of no other such country
Where a man can breathe so freely.

Over the country, the spring breeze is blowing.
Every day life becomes more joyful,
And no one on earth could know
Our great ways of laughter and love.

But our brows shall frown sternly
If an enemy attempts to break us.
As a bride, we love our Motherland,
We protect her, as a gentle mother.

Wide is my Motherland,
Of her many forests, fields, and rivers!
I know of no other such country
Where a man can breathe so freely.

That's exactly what the 2nd Circuit is doing by broadcasting its "Just-Us for All" program.

Maybe, they should play this song in the courthouse.

Often.

Enjoy and "breathe freely".  And don't you dare wake up to reality.




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