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.


Thursday, July 25, 2019

To gag a criminal defendant, so that she would not talk about organized crime in the government. The case of civil rights attorney-whistleblower Connie Reguli, Tennessee

I have so far published two articles about the case from Tennessee where an attorney, Connie Reguli, and her client, a mother of minor children whom attorney Reguli has returned to the mother - twice - from the clutches of social services, are charged with felonies (a convenient vehicle of automatic disbarment against civil rights attorneys) based on fabricated charges that they have violated an ex parte order of Judge Michael Collins that was made 1 hour 13 minutes before the lawsuit was filed, and thus, constitutes, under the Tennessee law, a nothing, a useless piece of paper.

The articles can be read here and here.

I am far from being the only one who have published articles about Connie Reguli.

The interesting thing is though that usually in criminal cases defendants remain silent, and there is a rampant smearing and jury-pool-tainting campaign by prosecution that judges (usually, themselves former prosecutors) do not even try to restrict or forbid, due process of law be damned.

But, in this case, Connie Reguli had a large community of parents and activists doing what the government refuses to do - fighting corruption and fabrication of cases by social services in order to separate American families, traumatize children, rip them away from their parents and sell them, for federal grant money, into adoption by strangers.

What the state of Tennessee does is - it matched nearly year for year Connie Reguli's victories in court against social services and especially her addresses against judicial misconduct and misconduct of social services in the state Legislature with disciplinary complaints and disciplinary decisions.





It coyly pretends that it preserves Connie Reguli's privacy by not indicating what the complaints or most decisions are about, while listing each filing publicly - and thus attempting to ruin her reputation.

So, attorney Reguli does this?


Exposes judicial misconduct?

The state attorney monopoly, run by the State Supreme Court does to her - first, this



while - mind - Tennessee Constitution prohibits all monopolies,



 and attorney monopolies - run for attorneys by attorneys without - are also illegal under federal antitrust law, civil and criminal -

but who cares about the state Constitution if judges want a monopoly to control attorneys?

What a judge wants, a judge gets - as is shown in the case where Judge Michael Collins signed a meaningless piece of paper, outside of any court proceedings, the Sheriff took 2 children from a mother following that useless piece of paper, the hereditary judge Hollars refuses to vacate it claiming - falsely - that she had no authority to forbid enforcement of that useless piece of paper:

and instead
  • takes a trip with the social services-friendly guardian ad litem Sarah Cripps to a political event (prohibited for sitting judges, but who cares where free drinks and food and free political promotion for the soon-to-come re-elections are offered by an attorney of record in a case who can drum more money from a case if it goes for a longer time, and will drum even more money if she roots for social services and gets assigned more to such cases by social services-friendly judges like Michael Collins, and
  • when caught, threatens the mother that she will lose parental rights if she does not fire the pesky attorney-whistleblower, and
  • later, when the mother does not fire the attorney and the attorney wins children back for the mother, directs fabrication of criminal proceedings against the attorney who dared to embarrass the judge with a motion to recuse (at least, information leaked by the DA to the press cites(omitting Judge Hollars' name or that the statement was made during a hearing on a motion to recuse - which the judge has granted).

When "just" disciplinary proceedings did not stop attorney Reguli, the state has fabricated a criminal case against her (as a utilitarian tool of automatic disbarment) and her client ( to intimidate parents into not hiring her - following direct order of the hereditary judge Amy Hollars where

1/ hereditary titles are also prohibited by the Tennessee Constitution, and
2/  the Governor is supposed to "faithfully execute the laws", including this prohibition on hereditary titles -





but who cares about the state Constitution that both the Governor, the judge-father and the judge-daughter (as an attorney) are sworn to uphold when dynastic career prospects of a family member of a government elite is concerned?

The Governor Phil Bredesen just went ahead and created such a hereditary judicial seat for attorney Amy Hollars, daughter of Judge John Turnbull, and allowed her father to resign from his judicial position with a condition that his position will be "given" to his daughter.

Pesky laws and especially pesky Constitutions should not interfere with friendships between great people, don't you think?

But, well, ruining Connie Reguli's reputation did not appear to be such an easy task for the, let's call a spade a spade, organized crime in the Tennessee government trying to destroy a powerful and knowledgeable attorney-whistleblower.

So, the organized crime in the state government attempted to destroy her livelihood and reputation in another way - with a felony conviction and automatic disbarment which would follow a felony conviction.

And even then, Connie Reguli did an unconventional thing - instead of exercising her 5th Amendment right to remain silent, when faced with a smear campaign in the media organized by the DA's office which conveniently leaked to the press

Judge Hollars' "advice" (threat) to Wendy Hancock, Connie Regulie's client that if she does not fire Connie, she will lose her kids (at that time being kidnapped by social services with the help of Judges Cook, Collins and Hollars), the threat made during a hearing on attorney Reguli's motion to recuse Judge Hollars because of her misconduct, ex parte communication and apparently receiving tangible ( inviation to an event with free food, alcohol and live music) and intangible (political promotion for purposes of re-election) benefits from the guardian ad litem in the case, attorney Sarah Cripps,

 she went all out and called out witnesses of prosecution in public live Facebook streams, mocking them and listing their egregious misconduct that she promised to sue them for - especially that the case against the mother fabricated by social services of DeKalb County, a corrupt guardian ad litem Sarah Cripps, and several corrupt judges, Michael Collins and Amy Hollars among them, against her - was dismissed, so nothing precludes that lawsuit procedurally.

Since the defendants did not behave conventionally, timidly shutting up and allowing the prosecution to taint the jury pool for her long before trial, the prosecution and those who pull the strings behind this fabricated criminal case, started to pull other levers of power.

The prosecution filed for a gag order - in a criminal case! - against Connie Reguli and her client, the mother - to have the court prohibit them to talk about the case.  The prosecution, of course, will preserve their right to talk about the case and taint the jury pool the way they want it.



Of course, the Williamson County DA is also a public servant sworn to uphold the U.S. Constitution and the Constitution of the State of Tennessee.  He knows that prior restraints on speech are presumed unconstitutional under the 1st Amendment, and especially where, like here, he has brought a criminal proceeding against a person who has been suing his county and the DeKalb county for years in federal court, and where he has already tainted the jury pool by his own leaks about the case to the press - that Connie Reguli has a due process right to counter-balance.

The DA also knows that the Tennessee Constitution

1.  declares courts as being open to the public;



2. declares the indictments to be brought only for "peace and dignity of the state" - not to help corrupt public officials retaliate against an attorney who keeps winning against them and keeps publicly exposing their misconduct in public hearings in the state Legislature;




and

prohibits the government of the state of Tennessee, including the judge the DA asked to impose a gag order, to violate rights guaranteed by the Tennessee State Constitution:



That's what the DA has sworn his loyalty to - the Tennessee Constitution in its entirety, and that's the reason he received his commission as the DA in the first place.





The Tennessee Constitution also very clearly tells the government who is the master in the state - by law, and it is not the government.  It is the people, who give the government only a LIMITED power to act on the people's behalf - and only for the people's benefit, not for their detriment.





What the DA does, acting as a member of organized crime group to frame a whistleblower-civil rights attorney and her client - he KNOWS that it is illegal.  He KNOWS that it is unconstitutional.  And, because of litigation by Connie Reguli against the Williamson County the DA is serving, on behalf of a client for putting a juvenile in solitary confinement where he was sexually assaulted (twice) by a jail employee, an extremely embarrassing occurrence, especially for "defenders of chidlren's rights" - he also knows he is absolutely disqualified from bringing criminal proceedings against attorney Reguli.

He should not be able to escape prosecution for his crimes simply because he knows a gal or two in the high places.

I will continue to cover this story.

Stay tuned.


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