THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"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 cost.

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.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"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.

“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.

Sunday, March 31, 2019

How Jeffrey Deskovic betrayed the dream he claims he is serving, fighting wrongful convictions - from seeking Justice to seeking Just-US. Part II.

Why did the famous New York exoneree Jeffrey Deskovic, as it was shown in Part I of this article series, betrayed his initial dream of holding prosecutors CRIMINALLY accountable for intentionally drumming up wrongful convictions - which is already both a host of federal and state crimes, for example, it is a crime punishable under 18 U.S.C. 242 and a crime addressed in the State of New York by a whole Article of the New York Penal Code, Article 195?

 Because in order to fulfil that dream, the grand jury proceeding laws must be reformed, to 
  • allow direct and unimpeded public access to the grand jury, 
  • ability for any public citizen to file a complaint directly with a grand jury and ask to 
  • start a grand jury investigation of the complaint, which will be able to 
  • return criminal charges against subjects found by the grand jury to have more likely than not violated criminal law - including judges and prosecutors.

And, this particular idea WAS already offered to the public - by a certain movement in the United States, called "Jail 4 Judges", here is an interesting radio show with an interview from the leader of that movement, also showing interesting insights about what non-attorney Americans think about the American judicial system, the American legal profession, their interaction and wrongful convictions that they drum.

 And, that certain movement already tried to advocate for change of state Constitutions to introduce changes of grand jury proceedings through public referendums.

 Referendums - because Legislatures, overwhelmed by licensed attorneys who are controlled by one of the three groups of individuals who cause wrongful convictions, judges - are unable to produce any efficient legislation to make people who cause wrongful convictions accountable.

Changing grand jury law in a way affecting their own regulator would mean professional suicide for legislators who are also lawyers, deemed "officers of the court" (licensed attorneys) and controlled in their in-court and out-of-court life by the judicial branch of the government (the majority of which is former prosecutors.

 Many of these judges, former prosecutors, controlling legislators-lawyers. are likely those who have caused wrongful convictions, but were protected from civil prosecution by judicially created judicial and prosecutorial immunity and from criminal prosecution - by laws regulating grand jury proceedings putting grand juries under control and legal advice of prosecutors.

 Of course, this movement, to change state Constitutions, give people free access to grand juries and make grand juries independent from the legal profession protecting its own - was quashed by the legal profession and its richest clients, corporations:
That happened in the year of Deskovic's release from prison.

 See, an association of insurers calls the ideas of, again,
  • giving people direct access to grand juries;
  • removing control of the legal profession over the grand juries, so that grand juries may investigate judges and prosecutors - 

"radical", and "upsetting their state's entire CIVIL justice system".

You know what happened to that movement?

It was very active in 1999 and for about 10 years afterwards, that's before Deskovic's "campaigning" began.

Its leader was charged (by a prosecutor) and convicted (by a court) of a crime and locked up (the interview starts at around 15:40).

The attorney who helped that leader articulate (very well, by the way) constitutional issues involved in necessity of such direct grand jury access and in grand jury proceedings independent from prosecutors, John Wolfgram - was disbarred, tarred-and-feathered as "mentally incompetent" (an old-as-world idea to discredit your opponents as crazy when you have nothing to offer in terms of opposition on the merits), and bankrupted, despite being a war veteran and a holder of not only a law degree, but also a degree in philosophy of law.

Deskovic is on the verge of RECEIVING - from the hands of the judiciary, who are, in their overwhelming majority, former prosecutors, a law license.

He wants it.

He craves it.

He already publishes with pride pictures of himself lecturing to attorneys, judges and prosecutors about "ethics" in mandatory for attorney licensing continued legal education (CLE) courses.

He will not do anything to jeopardize the possibility of receiving a law license, and the place in attorney monopoly and the power (place in the government) that such a monopoly gives in the U.S. nowadays.

So, he instead dupes the public who GENUINLY believes him - as "one of them", an exoneree, into supporting legislative measures that will effectively BLOCK any possibility of holding prosecutors accountable.

After all, one has to take care of oneself and one's own career.

But, judging by Deskovic's statements that "just people", not licensed attorneys, are not qualified enough to take public office and review whether a prosecutorial misconduct was committed (while they are so qualified to sit on grand juries and trial juries - Deskovic does not even try to explain his reasoning), Deskovic is very far away from considering "just people" on par with himself.

He needs them as mindless cattle, for numbers only, to support his use of himself as a stamp of approval "from exonerees" upon giving the same people who caused wrongful convictions an opportunity to populate the body faking investigations of those wrongful convictions and prosecutions.

With predictable result.

Deskovic is no John Wolfgram, a brilliant philosopher of law and constitutional scholar, who tried to make grand juries do their jobs - and was expelled from the legal profession, bankrupted and proclaimed crazy for that.

Deskovic is just another fairly brainless, but actively greedy opportunist, hungry for money, power and fame.

He consistently proves it with his own statements, and actions.


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1 comment:

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