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, October 20, 2016

The U.S. Supreme Court precedents and the continued circus around their legal status. The case of Roy Moore and the apologies of Kansas Attorney General Derek Schmidt

The U.S. Constitution that all attorneys and judges in the United States take an oath to support, obey and enforce has a Supremacy Clause which does not include U.S. Supreme Court decisions.

Federal courts punish people left and right for saying just that.

Chief Judge of the State of Alabama Roy Moore openly stated that the U.S. Supreme Court decision regarding gay marriage is not the Law of the Land.

Chief Judge Roy Moore was suspended without pay for stating, and adhering to the contents of the Federal Constitution that every judge and attorney in this country takes a pledge to obey, enforce and uphold.

By the way, Chief Judge Roy Moore, in an interview with the CNN anchor Chris Cuomo, son and brother of two New York State Governors, cornered Chris Cuomo with a question whether Chris Cuomo would have followed Dred Scott had he been a judge at the time Dred Scott was decided, and Chris Cuomo said "yes".

Now the circus continues with the Kansas State Attorney General first citing in a brief to a U.S. Supreme Court case which ruled that African Americans are second rate people and do not have a right to sue for assault, and then apologized for citing this U.S. Supreme Court case.

The Kansas attorney general cited the Dred Scott in a case where the state law banning 3rd trimester abortion was sought to be revived.

The Dred Scott case was cited by the Kansas Attorney General for the proposition (used in that case to support endorsement of slavery) that the announcement of "inalienable rights" in the Declaration of Independence does not have any legal meaning and is just puffery, hollow words.

Then, the Attorney General apologized for citing Dred Scott and withdrew the motion where it was cited.

Nevertheless, Dred Scott remains a U.S. Supreme Court precedent which remains on the books and required to plunge the country into a civil war in order to undo that ruling - so many lives could be spared had the U.S. Supreme Court decided that case differently, but it did not.

The Kansas Attorney General finally apologized for citing to Dred Scott in support of his arguments.

Yet, the U.S. Supreme Court Chief Judge Roberts unapologetically relied on Dred Scott in his dissent in the same sex marriage case.

Chief Judge Roberts pointed out Dred Scott case, amazingly, as the first case where due process was used by the U.S. Supreme Court to strike state legislation, and thus, Chief Judge Roberts implied that Dred Scott was a foundation case for due process in this country.

In Dred Scott, as Chief Judge Roberts pointed out in his dissent in Obergefell v Hodges, the same sex marriage case, the U.S. Supreme Court has struck a state statute, a "Missouri Compromise" giving humanity to African Americans, whether they are slaves or free descendants of slaves, on the basis that that legislation "restricting the institution of slavery violated the implied rights of slaveholders".





Chief Judge Roberts acknowledged that Dred Scott it took a war to overrule that case:



Yet, Chief Judge Roberts blames the entire due process approach as "meddling" into the affairs of the state - putting on the same grounds Dred Scott that denied humanity to African Americans and the Lochner case which was simply enforcing economic freedom of bakery employee to work as many hours as they want without interference from the state.

Chief Judge Roberts was not punished for his views by suspension from office - the way Judge Roy Moore did by refusing to follow the majority opinion as "the Law of the Land" - which it isn't, according to the Supremacy Clause of the U.S. Constitution that both Judge Roy Moore and those who suspended him, are sworn to obey.

We really need to decide what is the legal of U.S. Supreme Court cases when it causes so much havoc in this country - where

  • its precedents are cited in support of various laws, then
  • people apologize for citing some precedents,
  • are punished for disobeying other precedents,
  • are punished for citing the U.S. Constitution, whether it is the Supremacy Clause, the 11th Amendment or the 1st Amendment, and where
  • the U.S. Supreme Court precedents are used so selectively that
  • people are punished simply for citing in their briefs those U.S. Supreme Court precedents that the particular lower court does not like to be used, because it interferes with their pre-judgment of the case. 
That most often happens in civil rights cases and in cases where attorneys are sanctioned for criticizing the government and especially judges, and cite in their defense the U.S. Supreme Court cases prohibiting content-based regulations of speech without "strict scrutiny".

We really need to decide for ourselves as citizens of the United States of America whether we as a country are actually ruled by the U.S. Constitution, or whether our government forced us to accept that the U.S. Constitution has become simply a necessary symbol to take public office and then be discarded and disregarded.

Not only this year's presidential elections are making this country into a laughing stock of the world - the circus with the status of U.S Supreme Court precedents cannot invoke respect to our country either.

If we are a constitutional democracy, then we, and all of our public servants, all public officials in all branches of the government, at all levels, local, state and federal, must follow our own U.S. Constitution and every part of it, including the Supremacy Clause.

Otherwise, we are not who we say we are, and are not the constitutional democracy.

We are a theocracy of the courts, where we are forced to believe and follow what the prophets in courts think the U.S. Constitution is - not what we the People think what it is.


" The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty."

I am subscribing to every single word of this quotation.

We the People are the popular collective sovereign of this country, and We the People allowed ourselves to be ruled by our servants, whether they are legislators, prosecutors, police or judges only within the boundaries of the U.S. Constitution.

The U.S. Constitution, its text and not how it is interpreted by the group of 9 people, is the Law of the Land in this country.

In that Constitution, the U.S. Supreme Court cases are NOT the Supreme Law of the Land.


What are they?

They are the last appellate decisions in a certain, separate, particular cases.

Not less, but not more.





Wednesday, October 19, 2016

Do attorney regulations apply to Hillary Clinton, lawyers working her and lawyers working to protect her, like Loretta Lynch and James Comey?

According to attorney Ty Clevenger (attorney who forced resignation of the sexual predator, federal judge Walter Smith, at the cost of exposing himself to retaliation by the D.C. bar), the D.C. bar refused to even investigate the disciplinary complaint against Hillary Clinton and her legal team for destruction of e-mails in violation of a court order.

South Carolina Rep. Tedd Gowdy publicly announced that Clinton's lawyers not only deleted several thousand e-mails from Hillary Clinton's server, but did that using software that prevents recovery, so the destruction of evidence was complete and deliberate.

Ty Clevenger also reported that disciplinary complaints were also filed against attorneys James Comey, director of the FBI, and Loretta Lynch, the U.S. Attorney General, and the complains were reportedly filed in New York State, where Comey and Lynch are licensed.

Of course, I wouldn't hold much hope that New York disciplinary authorities will be less corrupt than those of the D.C. bar - and especially because Hillary Clinton lives in New York State.

Nevertheless, it will be interesting to see how the complaints against Comey and Lynch will go through in New York, where, according to the new rules of attorney discipline, the complainant is now entitled to at least some form of appeal if the complaint is not investigated or dismissed.

The D.C. bar is followed, in its corruptness, by the U.S. Court of Appeals for the 2nd Circuit that dismissed Ty Clevenger's disciplinary complaint against David Kendall, one of Hillary Clinton's attorneys, and threatened Ty Clevenger with contempt of court proceedings if he discloses the dismissal to anyone.

Well, Ty Clevenger disclosed that dismissal to the whole wide world by publishing an announcement about it on his blog, insisting, correctly, that it is a 1st Amendment issue and that the government may not order him into silence on this matter of public concern.

The U.S. Court of Appeals for the 2nd Circuit is, in fact, very corrupt - and continues to hide the extent of how corrupt it is, by refusing to answer my Freedom of Information Act request for records of behind-the-scene meetings between state judges (defendants in civil rights actions before that court and federal district courts below) and federal judges deciding the state judges' cases.

There are claims that if Trump gets elected, it will be a disaster.

Will it not be a disaster if Hillary Clinton is elected and grants permission to all who protects her from criminal prosecution to be above the law?

If it is already happening now, imagine what kind of boons will be given out by Hillary Clinton to her "faithful" (to her, not to the law) supporters if she is elected.

Please, vote wisely.











Tuesday, October 18, 2016

Pakistani lawyers oppose judicial authority to discipline attorneys - in an emergency council meeting

In the United States of America, lawyers, court representatives who may have to challenge judges, voluntarily forked over control over their professional independence and livelihood to judges.

The judiciary can - and does - deprive lawyers of their livelihoods for so much as challenging judges with motions to recuse for misconduct.

That is happening in a country claiming to be democratic.

In a country that is far from being considered democratic, Pakistan, lawyers value their professional independence a lot higher.

Back in 2014, I presented to a New York court evidence that Pakistani attorneys claimed that regulation of the legal profession by the judiciary severely undermines the profession's independence, and stated that the current placement of regulation in the hands of those public officials whom attorneys may have to challenge as part of their duties, creates an unconstitutional danger of retaliation and loss of livelihood for attorneys.  That claim has been ignored.

Now, in 2016, Pakistani attorneys called for an emergency conference because - guess what - an attorney was, for a short period of time, stripped of his license by a court.

That incident caused Pakistani attorneys, once again, to convene an emergency meeting protesting that the judiciary does not have authority to strip an attorney status, and that only the professional association of attorneys may have a right to discipline their own, without interference from courts.

Yet, remember, in the U.S., licenses to practice law are issued and revoked only by courts - and no emergency meetings of bar associations are convened, instead, bar associations agree and embrace this setup in exchange for privileged positions for some of its elite members, to the detriment of non-elite members and consumers of legal services.

I guess, robust opposition to judicial control over attorney independence is more possible while such control did not get entrenched and become overwhelming and threaten a practically inevitable loss of attorney livelihood if the attorney challenges judicial misconduct as part of attorney's duties.

Pakistani attorneys are, from that point of view, at an advantage as compared to American attorneys.  They are not regulated by the judiciary, and they resist, continuously, systematically and vigorously, all attempts of the judiciary to exert such control over them.

And that includes COLLECTIVE protests by lawyers against suspensions of licenses of even ONE attorney - something that is totally lacking in the U.S.

In the U.S., instead, bar associations, instead of staging such protests, play the coward and deny membership to suspended and disbarred attorneys without looking into the circumstances of suspension or disbarment - assuming that courts cannot do wrong in suspending or disbarring an attorney.

Pakistani attorneys, on the opposite, are of the opinion that courts cannot do RIGHT by suspending or disbarring an attorney - and fight vigorously against any attempt of courts to grab the power to restrict professional activities of attorneys or strip attorneys of ability to practice law.

Apparently, Pakistani attorneys have true professional solidarity, fighting to protect their professional independence by challenging court authority to block individual attorneys from practicing law - while American attorneys usually hide under the rock and never provide support for their suspended or disbarred colleagues, for fear of being found "guilty by association" and losing their own livelihoods.

I wonder whether professional solidarity of Pakistani attorneys and lack thereof in American attorneys are related to the level of wealth guaranteed by the judiciary through protection of the legal profession from lower-priced competition.  In other words, it is possible that the lack of solidarity with those members of the profession who were struck down for fighting judicial misconduct, is not only chilled through intimidation, but also bought.

Since American attorneys voluntarily got themselves into this mess of being kept prisoners of their licenses to practice from the judiciary, they cannot complain it is difficult to extricate themselves from this stifling dependence.

They owe it to themselves, their families and to consumers of legal services whose interests they are sworn to protect, too.

Difficult, it is.

But necessary, nevertheless. 

Otherwise the supposedly honorable profession of American attorneys is reduced, unlike the vigorous, independent and courageous Pakistani lawyers, to cowardly "defensive lawyering" only in ways pleasing judges, and to always looking over their shoulders at all times not to offend a judge or somebody having the judge's ear.

To live a cowardly life is not so honorable - is it?






A novel defense invented by a Cuomo lobbyist - that's my bribe, and you ain't getting it back

Recently, U.S. Assistant Attorney General Preet Bharara charged several business people, lobbyists and public employees (or former public employees) close to Andrew Cuomo, but not Andrew Cuomo himself, in yet another public corruption scandal.

One of those charged, lobbyist Todd Howe, pled guilty to corruption charges and is cooperating with the prosecution.

At that point, the Cor Corporation had nothing better to think of than to sue Todd Howe to return to Cor Corporation $85,000 as if it was a loan.  Maybe, the Cor Corporation was trying to elicit from Todd Howe the contents of his secret plea deal with the prosecution through this litigation, but generally, such a move, filing a civil lawsuit about the same occurrence as a pending criminal proceeding, is dangerous and ill-advised.

Todd Howe already pled guilty to corruption, and, the Cor Corporation executives have a right to remain silent in the criminal proceedings, in a civil proceeding started against Todd Howe, Cor Corporation executives have no right to remain silent - so I wonder about the "wisdom" of even starting such a lawsuit.

The lawsuit claimed the $85,000 was a loan given by the Cor Corporation to Andrew Cuomo's lobbyist Todd Howe.

To make the bizarre lawsuit even more bizarre, Todd Howe's lawyers came up with a "brilliant" and "novel" defense - it wasn't a loan, it was meant as a bribe, and thus Todd Howe is keeping the $85,000.

Great, isn't it?

First, the U.S. Supreme Court - after the previous, successful trial of corrupt public officials in New York - changes the rules on public corruption, making bribing public officials much easier than before. 

Now, a lobbyist pled guilty in order to get a lenient sentence, and is keeping the loot, adamantly acknowledging it as being the loot and a bribe received in a conspiracy scheme to deprive the public of honest services of a public official (Governor Andrew Cuomo).

Shame does not play a role in these schemes.

Only money, connections and keeping the right people out of the reach of the "rule of law" matter.

Former Arkansas #JudgeJosephBoeckmann - but not his accomplices - was criminally charged, by the feds. State prosecutors feared for their livelihoods to charge a criminal in black robe and his friends

I wrote previously about misconduct of Arkansas judge Joseph Boeckmann, in May and June of 2016.

The judge resigned from his post during investigation that he traded lenient criminal sentences for nude and otherwise sexually suggestive pictures of male defendants - and forged court papers accordingly.

Some 4,500 pictures were involved - that "wealth" of pictures does not accumulate in one day.  Or one week.  Or even one year.

Some pictures, reportedly, involved a nude criminal defendant, handcuffed and in the courtroom - so multiple people had to be present or know about that - leaning forward, with pictures taken from the back, as a close-up.

The judge reportedly took some pictures as "betting with friends".

Back in June of 2016 I asked disturbing questions -


  • with 4,500 pictures, this behavior had to go on for a very long time, with a lot of people knowing about it - so why those people kept quiet?  They were afraid to lose their jobs?
  • why the 70-year-old Judge Boeckmann allowed to quietly resign (and keep his pension), and was not criminally charged?
  • why the sexual predator Judge Boeckmann's law license was not pulled?

As it often happens with criminal behavior of state judges, Judge Boeckmann was not criminally charged by state prosecutors - instead, the feds had to step in to prosecute him.


I must repeat that the monster of Judge Boeckmann could not emerge and exist for such a long time without:

1) the culture granting judges absolute immunity for malicious and corrupt acts on the bench;

2) the culture where attorneys, including prosecutors, who are supposed to report judicial misconduct, have their livelihoods in the hands of the judiciary - and are afraid to do their jobs as reporters of misconduct and as prosecutors;

3) the culture where judges are gods who can do no wrong - even when they are very obviously committing crimes - where court personnel prefers to rather be silent or complicit in criminal conduct (who undressed and kept that criminal defendant in handcuffs in the courtroom for the judge to take his nude pictures?)

4) the culture that provides minimal, if any, accountability for judges - even now Judge Boeckmann was allowed to simply resign, without any discipline, to obscure facts of his sorry case, and state prosecutors, having plenty of evidence, were afraid to touch his case, instead letting the feds to indict him instead.

I continue to ask the question - with so many people aiding and abetting judge Boeckmann, and soliciting his crimes (the "betting friends") - why only Judge Boeckmann was charged?

And why Judge Boeckmann is only charged for "wire fraud" and "witness tampering" and with no counts of sexual misconduct - to prevent the sorry facts to be aired in open court before the jury?

That's not the way to clean the judicial stables in Arkansas and elsewhere in this country.

And, by the way, even if federal criminal charges were filed, that does not prevent state prosecutors to file parallel state charges, there is no double jeopardy involved when state and federal prosecutors prosecute state and federal crimes stemming from the same fact pattern in separate criminal proceedings.

 So, why state prosecutors did not file any charges against Judge Boeckmann?

Because they, too, were intimidated?

And because, for them, charging a judge, even a former judge, with a crime, may be career suicide?

If that is true, then we need to seriously change the way attorneys are regulated in this country and take that regulation away from the hands of the judiciary.

Otherwise, prosecutors will continue to let a sex predator prey upon his victims for years and, possibly, decades - simply because the predator belongs to the class that can yank the prosecutor's livelihood.

On the one hand, we consider prosecutorial independence so important that allegedly that is because judges (not our elected public officials) gave prosecutors absolute immunity for MALICIOUS and CORRUPT acts in office.

On the other hand, we value prosecutorial independence so low that we keep prosecutors' own livelihood in the hands of the very people who prosecutors may have to investigate and indict.

Immunity for illegal acts of prosecutors in office, but no protection for doing their jobs.  Very logical.

And, the question remains.

Who are Judge Boeckmann's betting friends that the state and federal prosecutors are protecting?





Monday, October 17, 2016

With such friends as Chris Cuomo, Clinton does not need enemies

Supposedly, CNN was supporting Hillary Clinton.

And, supposedly, Chris Cuomo, the "golden boy" from the family of 2 New York Governors (Mario Cuomo, father and Andrew Cuomo, brother), was made the mouthpiece of that support.

With these results.

Cuomo made sure that voters realized that 

  • "possession of stolen property" means that the source information is authentic;
  • that CNN sucks and should not be believed as a media source - not that it was believed before; and
  • that Hillary Clinton is concerned that voters might read something on their own and make up their minds - and then indict and lock her up, according to law.
Also, Cuomo drew attention to documents published by WikiLeaks more than the publication itself.






I wonder - does Chris Cuomo work for Trump, after all?  A brilliant move - to deflect from the scandal with Trump's alleged statements and the interestingly-timed allegations of sexual misconduct with an even more interesting claim that Clinton News Network is now the official priest interpreting the contents obtained by other investigative journalists - for the public to digest.

When media sources employ golden boys, they think of prestige, but one cannot cure stupid...

And especially when the stupid is with a law license.

With such friends as Chris Cuomo and CNN, Hillary Clinton hardly needs enemies.





One thing I am glad about is that the American public, at least as I can see on social media, refuses to accept the assigned role of dumb cattle.

These elections, I bet, will be very interesting, whichever of the Clumps are elected.

And - will Chris Cuomo, as a commentator on Twitter suggested, be as much of a helper to his brother as he was to Hillary?





Scrap your WikiLeaks documents, listen to Chris Cuomo, supporter of slavery - and of Hillary Clinton


This is not a Twitter page of a self-aggrandizing teenager.  Looks like it, though.  But, this is a Twitter page of a supposedly serious CNN journalist, son and brother of two New York State Governors, Chris Cuomo.




I wrote on this blog about mental abilities of Chris Cuomo, brother to New York Governor Andrew Cuomo and mouthpiece for CNN (a media network supporting Hillary Clinton).

Chris Cuomo showed himself as a shining star of intellect, as well as integrity when he tried to corner Alabama Chief Judge Roy Moore with claims that he is disregarding "the Law of the Land" (a U.S. Supreme Court precedent on gay marriage). 

Of course, had Chris Cuomo actually and truly read the U.S. Constitution that he is sworn as an attorney to obey, uphold and enforce, he would have learnt that the U.S. Supreme Court decisions are not part of the Supremacy Clause and are, thus, not the "Law of the Land".

Roy Moore actually came out with the upper hand over Chris Cuomo, intellectually and as a matter of integrity, when he instead cornered Chris Cuomo with a question whether Chris Cuomo, had he been a judge during the times of slavery, would have followed the shameful Dred Scott decision where the U.S. Supreme Court blatantly upheld the status of African Americans as not human beings, but property.

Chris Cuomo admitted that he would have followed the Dred Scott decision because, in his view, it was "the Law of the Land" at that time - which it wasn't, for the same reason as U.S. Supreme Court decisions are not the Law of the Land today, they are not part of the Supremacy Clause of the U.S. Constitution.

Let's see what exactly did Chris Cuomo, an attorney sworn to uphold the U.S. Constitution, said he would have followed as "The Law of the Land".

Here is the Dred Scott decision, in all its stark glory.

Here is the procedural history of the case:

"Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court of the State, the judgment below was reversed, and the case remanded to the Circuit Court, where it was continued to await the decision of the case now in question."

So, the lower court actually GRANTED Dred Scott and his family freedom.

Yet, the State Supreme Court reversed that judgment, and Dred Scott appealed to the U.S. Supreme Court.

Here is what Dred Scott, a black man, alleges against John F.A. Sanford, a white man:

"The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one, that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children."

Eliza was age 14, and Lizzie was age 7, according to the case.

Straightforward, isn't it?  A white man assaulted a black man, his wife and two daughters.

So, what does the white man have to say in his defense?  Does he deny the assault on four people?

Of course, not.  Because, for John F. A. Sandford, Dred Scott, his wife Harriet Scott, and his daughters Eliza Scott and Lizzie Scott, are not people.  They are property, no more.

"And the said John F. A. Sandford, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid, because he says that said cause of action, and each and every of them, (if any such have accrued to the said Dred Scott,) accrued to the said Dred Scott out of the jurisdiction of this court, and exclusively within the jurisdiction of the courts of the State of Missouri, for that, to wit: the said plaintiff, Dred Scott, is not a citizen of the State of Missouri, as alleged in his declaration, because he is a negro of African descent; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves, and this the said Sandford is ready to verify. Wherefore, he prays judgment whether this court can or will take further cognizance of the action aforesaid."

John F. A. Sanford actually admitted to the assault, in this way:

"That the plaintiff was a negro slave, the lawful property of the defendant, and, as such, the defendant gently laid his hands upon him, and thereby had only restrained him, as the defendant had a right to do.

3. That with respect to the wife and daughters of the plaintiff, in the second and third counts of the declaration mentioned, the defendant had, as to them, only acted in the same manner, and in virtue of the same legal right."

Remember, Chris Cuomo would have upheld the "lawful right" of John F. A. Sanford to assault (no, to "gently lay hands upon") a man, a woman and two children.

Chris Cuomo is lucky that he is white.  The question that Roy Moore asked was skin-color-specific.  Because, had Chris Cuomo been black, he would not have had a choice of whether he AS A JUDGE would have followed Dred Scott.

He would be in the position of Dred Scott, and on the receiving end of "gently laid hands" upon Chris Cuomo and his family members.

In Dred Scott, the decision that Chris Cuomo would have followed as the "Law of the Land", the U.S. Supreme Court, Judge Taney, asked themselves a question:

"The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution."

And, the court spoke of citizenship status not only of African American slaves, but also of free African Americans, descendants of those who were brought into the U.S. as slaves:

"The only matter in issue before the court, therefore, is, whether the descendants of such slaves, when they shall be emancipated, or who are born of parents who had become free before their birth, are citizens of a State, in the sense in which the word citizen is used in the Constitution of the United States. And this being the only matter in dispute on the pleadings, the court must be understood as speaking in this opinion of that class only, that is, of those persons who are the descendants of Africans who were imported into this country, and sold as slaves."

Interestingly enough, in Dred Scott the U.S. Supreme Court gave a definition of "People of the United States" as a popular sovereign - the definition that, if you raise it in federal courts today, saying that People and not the government are the sovereign in the U.S. (I tried, personally), you will be sanctioned for frivolous conduct and ordered to pay your opponent's legal fees (was done to me).

Here is what the U.S. Supreme Court in Dred Scott case said about people as the popular sovereign of the United States:

"The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives."

Then, the U.S. Supreme Court engages in the following discussion as to whether Dred Scott, his wife Harriet Scott and his daughters Eliza and Lizzie Scott belong to "people of the United States":

"The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them."

THAT is what Chris Cuomo would have followed as "The Law of the Land".

Here is another question that was reviewed and resolved by the U.S. Supreme Court in Dred Scott - which Cuomo would have enforced had he been a judge at that time, as "the Law of the Land":

"whether the provisions of the Constitution, in relation to the personal rights and privileges to which the citizen of a State should be entitled, embraced the negro African race, at that time in this country, or who might afterwards be imported, who had then or should afterwards be made free in any State; and to put it in the power of a single State to make him a citizen of the United States, and endue him with the full rights of citizenship in every other State without their consent?"

And this is the answer of the glorious jurists of the U.S. Supreme Court, all racist white men:


"The court think the affirmative of these propositions cannot be maintained. And if it cannot, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the Constitution of the United States, and, consequently, was not entitled to sue in its courts."



And there was, mind, a long excursion into the "history and tradition" - of slavery - and as to "intentions of the founders":



"In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument."



This is what Chris Cuomo admittedly would have upheld had he been a judge at the time of Dred Scott.

And that's not all. Here is the whole sordid "history and tradition" that the U.S. Supreme Court was not ashamed to use as a "legal basis" for its decision - the one that Chris Cuomo said he would have followed.


"It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted. But the public history of every European nation displays it in a manner too plain to be mistaken.


They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute; and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion.


And in no nation was this opinion more firmly fixed or more uniformly acted upon than by the English Government and English people. They not only seized them on the coast of Africa, and sold them or held them in slavery for their own use; but they took them as ordinary articles of merchandise to every country where they could make a profit on them, and were far more extensively engaged in this commerce than any other nation in the world.


The opinion thus entertained and acted upon in England was naturally impressed upon the colonies they founded on this side of the Atlantic. And, accordingly, a negro of the African race was regarded by them as an article of property, and held, and bought and sold as such, in every one of the thirteen colonies which united in the Declaration of Independence, and afterwards formed the Constitution of the United States. The slaves were more or less numerous in the different colonies, as slave labor was found more or less profitable. But no one seems to have doubted the correctness of the prevailing opinion of the time."

And, the U.S. Supreme Court provided a sordid list of laws from a variety of states supporting the above "opinion", as a basis of its decision, and put many, many, many, many words into the case in support of the principle - African Americans are not people, and do not have rights like other people.

I wonder if Chris Cuomo has actually read the case - it is long.  Yet, when cornered by Judge Roy Moore, Cuomo admitted he would have followed the ruling of the case, as "Law of the Land".

Even though it was not the Law of the Land - never was.

A good principle announced by Chris Cuomo, brother of a governor and son of a governor - cower before power.

But, in the United States, before you cower before power - you first elect people into that position of power.

And you can just as well not do that.

Like, you can just as well not elect Hillary Clinton, the one that Chris Cuomo and CNN are supporting.

And, there is good reasons not to vote for her - like her e-mails published by WikiLeaks recently.

So, Cuomo, faithful to his employer who pays him for what Cuomo says to viewers and voters, made one more blunder.

Now Chris Cuomo tells its readers - do not read the original documents exposing Hillary Clinton published by WikiLeaks, because possessing the original is - according to Chris Cuomo -  unlawful.

That's Chris Cuomo's who would have supported slavery and followed "the law" deeming African Americans as cattle, not people, who now supports Hillary Clinton who, in her turn, desperately tries to win black voters.

Good grief, do these people keep track of what they are saying out loud on camera?

So, Chris Cuomo who would have supported slavery as "law of the land" had he lived in 1854, says to CNN readers now - believe me, as interpreter of documents against Hillary Clinton, do not look at the actual documents themselves, because it is illegal TO LOOK (for you, not for Chris Cuomo, obviously). 

 Here it is, from the horse's - oops, Chris Cuomo's mouth.  With innocent eyes Cuomo says something not only stupid, but legally wrong and appearing to seek to defraud voters, close to elections.

Believing somebody to read something correctly and to interpret it to you correctly, in order to inform your voting decisions requires quite a bit of faith in that person.

Of course, no person can claim even basic integrity if he tries to influence voters by blocking them from access to the original documents exposing misconduct of the candidate that that person adamantly supports.  It is just another form of rigging elections.

But, Cuomo's integrity went down the drain even earlier than this "don't read WikiLeaks, believe me instead" stupidity.  His integrity went down the drain much earlier, with Chris Cuomo's "Dred Scott" admission.

Did Chris Cuomo, an attorney, just engage in unethical conduct by giving legal advice - and incorrect legal advice at that - to multiple viewers?

Let's look at it in detail.

Chris Cuomo, a licensed attorney, told voters that they have no right to read WikiLeaks' materials exposing Hillary Clinton because it is illegal to possess them - and for the same reason the voters must inform themselves from CNN and Cuomo's interpretations of what is in those WikiLeaks materials.

First, one does not have to possess the document in order to read it online.

Second, Chris Cuomo did not exactly explain why it is illegal to possess documents exposed by WikiLeaks.

Because those materials were obtained through hacking?

But, once they entered the public domain, there is nothing illegal to have a copy of those materials - and Chris Cuomo did not specify what was the point of illegality in it.  So, that was legal advice, and wrong legal advice at that, and legal advice given by a licensed attorney and brother of New York State Governor in support of the presidential candidate exposed in materials Cuomo tried to divert voters from.

Third, under the principle of equal protection of law and the rule of law, if it is illegal for one to possess anything, it is illegal for CNN and Chris Cuomo, too, unless CNN and Chris Cuomo, same as Hillary Clinton who they support, are above the law - but they are not formally so, not yet at least.

And, fourth, to believe CNN and Chris Cuomo to correctly interpret compromising material against the presidential candidate CNN and Cuomo supports requires a collective lobotomy. 

Does CNN think that its readers are that stupid?

Is it worth it for CNN to keep in its employ the brother of a powerful (even if corrupt) New York politician - even if he produces, to put it politely, intellectual blunders - one after the other, one worse than the other?

Here is how Cuomo's intellectual abilities are characterized by anonymous commentators to the news about Cuomo urging not to read documents leaked by WikiLeaks:







Another question, probably, a rhetorical question given Cuomo's Daddy's and brother's last name that can cover anything, same as Clinton's last name - will Chris Cuomo be subjected to attorney discipline and criminal investigation for giving misleading legal advice to voters, and thus rigging elections for Hillary Clinton?

And, I am not the only one to ask that question:




Chris Cuomo, most likely, did not read the entirety of Dred Scott case before he blundered that - had he been a judge in 1850s, he would have to follow it as the "Law of the Land" (which it wasn't).

I bet that Chris Cuomo never read documents exposed by WikiLeaks, he instead bowed to the idea that CNN, his employer, supported Hillary Clinton, and interpretation of any documents against her may cost him a job.

So, the motto is "cower to power" which is Chris Cuomo's and many other people's modern understanding of "obeying the law".

Only, please, remember, that people who would have endorsed assaults upon a man, a woman and two children because they were not people, but cattle - according to the LEARNED opinion of several racist white males - those same individuals would have cowered to another "rule of law" ordered by another leader who LAWFULLY came to power:  Hitler.

Kill all Jews, Gypsies and Slavs.  And they killed.  A lot.  Following "the law".  And following the logic just like Chris Cuomo did.

Such people have a simple definition.

They are cowards.

And you do not listen to cowards when deciding who will run your country for 4 years to come.

You read the damned thing yourself.  And then vote.