Imagine a prosecutor telling a criminal defendant: yes, you were not given a trial, and I admit that.
But the decision not to give you a trial (even though you are entitled to it by law) was made, and, therefore, all your claims that you are entitled to a trial are now moot.
And - after all, you have a remedy of addressing the court at sentencing, so you were not deprived of any rights.
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Sounds insane?
It does.
Yet, here is what my disciplinary prosecutor Mary Gasparini stated to the court in her May 15, 2015 affirmation, under oath:
That is exactly the same as the insane hypothetical above - Mary Gasparini believes that, if a court ordered not a judge, but referee Sirkin, to hold an evidentiary hearing, if Sirkin refused to do that, thus defying a court order and engaging in a crime of contempt of court (with Mary Gasparini's whole-hearted support) - and because Sirkin refused to do what the court ordered him to do, in Mary Gasparini's opinion, the issue of whether I am entitled to the evidentiary hearing and whether the court has authority to proceed when no such court-ordered hearing was held, is somehow "moot".
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