10 major points of testimony in the U.S. Congress

I am currently drafting my written testimony/request for oral testimony before several Committees of the U.S. Congress, including the Congressional-Executive Committee on China and the U.S. House and Senate Committees on the Judiciary on the issues related to access to justice, availability of effective legal remedies and political repressions against civil rights attorneys which hurt the entire population.

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.