A little bit on evidence and the law

 The law and evidence is what I know.

So I want to talk about that.

When you file a lawsuit in court, American courts have long rejected the need to file what is called factual pleading.

In plain English it means that you do not need to provide proof to the court when you file a lawsuit.

You only recite allegations which you believe to be true.

If proof is within exclusive possession of your opponent, you're entitled to a procedure called discovery or disclosure (you are entitled to it whether proof is an exclusive position of your opponent or not, but even more so if it is), meaning your opponent in court will have to answer your questions sent to him by mail or orally a deposition is under oath and to produce documentary evidence related to the case for your review.

Usually that exchange of information is happening without control by a judge.

And in American court proceedings discovery is usually what is called liberal, meaning very broad.

Such broad rights of discovery is given here by law because the legal system is declared to be interested in the most efficient and precise truthfinding.

There is also one big principle.

In American jurisprudence, by default, the finder of fact in civil proceedings in state and federal courts are juries, not professional judges.

Judges are only allowed to look at facts on motions for summary judgments - and that is happening only after discovery, and only if opponents agree on facts and the only thing to decide is the issues of law, based on those indisputable facts.

The indisputable facts are presented to courts on motions for a summary judgment through sworn affidavits of witnesses, no live testimony.

the only place where live testimony of witnesses is taking place is during discovery, procedure called depositions, and at a jury trial.

This is, as any law student and any lawyer will tell you, civil procedure 101 in the USA.

The standard of review of a motion to dismiss, at the very beginning of litigation and before discovery, does not involve evidence. At all.

On the very opposite, the standard of review is that the court must review allegations in the plaintiff's complaint / lawsuit in the light most favorable to the plaintiff and assume all of those allegations made by the plaintiffs in the lawsuit to be true.

The only government body that is entitled to rule on credibility of factual evidence in the United States legal system, on federal and state level is the jury.

In most States and in federal courts right to a jury trial is embedded into the state constitutions and into the seventh Amendment of the Federal Constitution.

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Let's apply now all these principles to elections into the incident of the breach of the Capitol building on January 6th 2020.

1. Elections

In many states many lawsuits regarding election challenges were filed since November 3rd 2020.

If motions to dismiss are filed in such lawsuits, following the law, judges had to assume as true allegations in the lawsuits

(especially that they were backed up by actual evidence, sworn affidavit so witnesses, which plaintiffs did not even have to do because we do not have factual pleading in the United States,)

had to review those allegations in the light most favorable to the plaintiffs, deny the motions, and, given that the majority of documentary evidence was in exclusive control of the defendants,

 order a speedy discovery and

 trials by juries.

That did not happen.

Instead, we see reports by the media that 60 judges dismissed these lawsuits for lack of evidence, or because they considered evidence to be too speculative, meaning not credible.

Recall that assessment of credibility of evidence is the exclusive authority of the jury and nobody else.

A judge can evaluate factual evidence at trial only, and only if both parties have waived their right to a jury trial, agreeing to what is called a bench trial, a trial by the judge.

There were no jury trials scheduled in any of these cases.

There were no waivers of the jury filed in any of those cases.

In fact in many of these cases there is a demand for a jury trial plainly on the complaint.

Even on a motion for a summary judgment after discovery, remember, professional judges do not evaluate credibility of evidence.

Judges only rule summarily on the law on summary judgment motions after discovery if and only if parties agree and do not dispute any triable/essential issue of fact.

So, what we have is that supposedly 60 judges ruled - 

instead of juries that were never convened, 

without discovery that was never scheduled, 

on motions to dismiss where the standard of review was not simply 

believing anything plaintiff is saying, but 

assuming that anything plaintiff is saying is true -

 the judge does not have an option not to believe the plaintiff on motion to dismiss -

 and we have judges instead forgetting in unison what they were taught in the first year of Law School, and rule, instead of juries, on motions to dismiss on supposed insufficiency of evidence or that the evidence is not credible/speculative.

That is not a motion to dismiss, that is a trial without due process, discovery, or the right to a jury.

Be the judge yourself as to why such a coincidence happened across the country in all courts, state and Federal, at the same time.

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2. The alleged breach of the Capitol building.

There are publushed videos of the police removing barriers and allowing in people with backpacks and baseball bats inside the secure area and opening the door to the Capitol building.

I have also personally watched a video by a lawful rally participant before the Capitol building clearly showing that everybody was screened before entering the secure area behind the barriers.

That backpacks, sticks and flagpoles were not allowed, that was clearly announced through loudspeakers by government officials.

Yet somehow the people in MAGA hats who the police were allowing in had backpacks and baseball bats. Note again that putting on a MAGA hat does not make you a Trump supporter.

Be the judge yourself why that happened.

Now.

Let us recall that in cases of election fraud the entire world watched multi-hour hearings of live testimony of witnesses in several States, done by state legislatures.

The majority of witnesses also said that they have made those same allegations under the oath in affidavits and that those allegations in the form of sworn affidavits were attached to lawsuits.

Democrats did not consider that as evidence.

Or democrats considered that as insufficient evidence.

Because courts considered that as insufficient evidence.

While judges did not have the right to consider credibility or sufficiency of evidence at all according to the law, it is the exclusive right of the jury - that did not happen in any of election challenge cases in 2020.

Now let's see what happened from the point of view of evidence with the supposed breach of the Capitol building on January 6th 2020.

1. There is an issue of fact for the jury to decide whether there was a breach, or whether the police let people in - as the video clearly shows.

Also, witnesses report in videos in blogs that 

* therewas no Wi-Fi or Internet at the rally, 

* people did not know what was going on inside the Capitol building, but 

* they did see that the police was letting some people in, and that

*There were provocatures telling them that the public is invited into the public building to listen to the public hearings, and that's such observation will be good for democracy.

So it is a triable issue of fact what was the intent of people who actually listened to that and went toward or into the Capitol building - while they were lacking any other information because their internet service was blocked.

Were they insurgents, or were they good faith people tricked in by provocateurs.

This is again a triable issue of fact for the jury.

2. Were there provocaters?

3. If there were, who were they -

All of that are triable issues of fact for the jury.

But - there is an interesting phenomenon emerging.

Actual evidence, sworn affidavits of witnesses, that was actually too early to introduce at the beginning of legal challenges but was still introduced in good faith in support of lawsuits, was disregarded by professional judges who usurped functions of the jury - without Discovery and without a trial.

Yet, voting was already held, that evidence was rejected by Congress - because judges unlawfully rejected it - and we have a new president voted in, despite massive sworn evidence of election fraud.

Nobody wants to investigate.

In fact, those who do want to investigate are called traitors.

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It is a 180° flip though when we're talking about the supposed breach of the Capitol building that happened only two days ago.

Without an investigation

Without sworn testimony or affidavits or witnesses

Without ascertaining who those people in the Capitol building were

Without verifying why the police let armed people in

Without verifying why the internet/information was blocked from people in the rally, so that misleading by possible provocateurs became a very dangerous opportunity -  endangering members of the Congress under any circumstances, given the numbers and the possibility of militant groups infiltrating a rally such size -

Without working with the evidence

Accusations are already cast at the level of Congress and the mass media,

80 million people already branded as terrorists and calls are being made in mainstream media like ABC News to cleanse them, which is inciting violence very clearly, and the a lot of comments on Twitter showing that there are a lot of people ready to do that cleansing and start right now.

And articles of impeachment already drawn against the currently sitting president in the two last weeks of his presidency - just on an assumption that a group wearing MAGA hats must be true Trump supporters.

It is very obvious that no good faith investigation can be conducted within this period of time, and that articles of impeachment are unnecessary since who Democrats wanted to be in the white house has already been voted in.

That it is not backed up by evidence at this time.

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I'm calling to both sides.

There are rules of evidence 

They are applicable to both sides 

They're applicable equally to election fraud cases and to the case of the supposed breach of the Capitol building.

Please think before making assumptions and falling victim to more provocations.

It may be a very dear loss to all of us.

So when will we have mass articles of impeachment against judges filed?

I wonder when mass impeachment of judges are going to come since judges across state and federal courts across the country somehow at the very same time forgot civil procedure 101 and dismissed election fraud cases on lack of evidence when evidence cannot even come close to review on motions to dismiss.

And that is in gross violation of the review standard of motions to dismiss, assuming as true allegations in the plaintiff's complaint and ruling in the light most favorable to the plaintiff.

And that is before discovery.

And that is while the evidence was in exclusive possession of the defendants who were blocking plaintiffs' access to it.

And that is far before any kind of jury trials that have the only authority to review issues of fact.

Professional judges do not have such a right, and certainly not before discovery and on a motion to dismiss.

Those are violations of the law for which a first year law school student will fail his final exam.

It is gross incompetence at best.

Concerted treason at worst.

Not to mention all justices of the United States Supreme Court save for justices Alito and Thomas who unlawfully tossed for political purposes a case of original mandatory jurisdiction.

It appears to be a well-coordinated action of judicial corruption across the country and across state and federal courts up to the top.

The courts demonstrated they are not only useless for the people when they need them in maintaining the rule of law, but that they are harmful and actively helping in subverting democracy.

So when will we have articles of impeachment filed?

A slam-dunk explanation as to why Donald Trump may pardon himself

 

So - may Donald Trump pardon himself preemptively for all that whoever wants to charge him federally for?

My answer based on constitutional principles would be - of course, not.

Nobody may sit in judgment of his own self.

That is an ancient principle long predating the US Constitution. 

But for.

I was stripped of my profession for asserting constitutional principles in court, by a judge who did MORE than pardon himself.  He also punished me for accusing him of bias, misconduct - and #electionfraud,  because there were no necessary public records requured by law confirming that he was a legitimate judge.

When you are making a motion to recuse a judge, the judge 

* considers himself "the sole arbiter of his own recusal", he or she 

* is expected to "examine his/her own conscience" (which is a substance, if it exists at all, that you cannot attach to the court record, as well as the process of its examination), 

* verify whether he/she is or is not impartial, is or is not corrupt - and then

* that same judge has a full freedom, on his own whim, to start, prosecute and adjudicate a disciplinary proceeding against you and your lawyer for making such a motion to recuse, 

And

Full freedom to sanction you for making that motion to recuse, 

to the point of 

depriving the lawyer who makes such a motion to recuse of his profession 

for life.

recall that we're talking here about your federal constitutional right for impartial judicial review, and about motions to recuse as the only way to secure that federal constitutional right for you.

And that that fundamental federal constitutional right is entirely at the whim of judges without any oversight from anybody.

If your lawyer maybe arbitrarily deprived of his profession for life, together with his reputation his financial and time and effort investment in becoming a lawyer - that's why you, the American public, cannot find lawyers to make a motion to recuse.

Because lawyers are afraid to do their jobs for you.

Because judges in this country are allowed to be tyrants. Are allowed to disregard the law, the Constitution, their oath of office.

Are allowed to do whatever they want to you, and you will have no recourse.

You know why?

Because judges also gave themselves a gift of immunity for their own malicious and corrupt conduct.

They did not have a right to do that.

The United States Constitution, separation of powers, does not give judges the right to legislate from the bench, especially in their own favor and self-interest.

But what do they care?

They still gave themselves that immunity.

And they vigorously assert that that is now the law of the land.

And if you sue a judge, you will be sanctioned and blocked from your access to court for the future - because you supposedly filed a frivolous lawsuit, because that lawsuit follows the federal civil rights act, but those contrary to the judicial self-given right to be corrupt with impunity.

And this systematically happens in American courts.

I'm exhibit one of the private vengeance of a judge who I did not only ask to recuse because of his bias and misconduct, but who I verified through a records, was never properly elected to his position, so that was the case of election fraud.

And you know what the judge did?

He sanctioned me in his own case.

The appellate Court said that he had full freedom to do that.

And then the same appellate Court acting now as the licensing Court, took my license to practice law without giving me a hearing. Because sanctions of Judge Carl f Becker imposed upon me because I made emotion to recuse telling him based on documentary evidence that he was never elected as a judge, were enough for the licensing Court to strip me of my profession for life.

By the way, judge Carl F Becker ran from the bench several months before I was stripped of my license, chased by three government bodies:

The New York State commission for judicial conduct, the New York state comptroller/ chief financial officer, and the FBI.

But, my law license was still taken because it is the ultimate taboo that entertaining may not under any circumstances criticize a judge, even when her duty to her client requires to do it, so even if her arguments are properly supported, as mine were for my pro bono client, with law, constitutional arguments and documentary evidence.

Again, I'm exhibit one in a case where judges are allowed to sit in judgment of their own cases.

But, I'm far from being the only one, there is an epidemic of such cases across the United States.

Right now there is a lawsuit pending against six United States Supreme Court  justices and against federal judges - who ruled to dismiss cases below against themselves.

https://www.einpresswire.com/article/494769606/six-justices-at-the-u-s-supreme-court-will-rule-on-a-case-where-they-are-defendants-in-default-to-impeach-themselves

We have a case back in 1975, Turner versus the American bar association and several judges including all justices of the then United States Supreme Court.

https://law.justia.com/cases/federal/district-courts/FSupp/407/451/2281384/

You know who consolidated several cases filed in several different district courts in different states?

And who appointed a judge to review that consolidated case?

One of the defendants, the then Chief Justice of the United States Supreme Court.

You know what that case was about?

The judges were sued for establishing an unlawful and unconstitutional attorney monopoly where legally competent adults are deprived of the right to pick their own representatives in court without approval of their procedural opponent in the litigation, the government, which makes no sense to a reasonable person.

Both federal and state courts have that unconstitutional monopoly, including the United States Supreme Court.

And you know how the judge appointed by one of the defendants ruled in the case?

He ruled that the defendant judges power, and his own power to define who may or may not come in front of him trumps any rights anybody has to pick their own independent representative in court.

That was sitting in judgment of his own case. Deciding that his own power is more important than people's constitutional rights.

That was 56 years ago.

The attorney monopoly still continues intact.

But now what also continues is the Trump litmus test.

Trump presidency and his disregard to The Establishment hypocrisy reveals more and more of that hypocrisy and double standards to the American people.

Tell me, please, why judges in the United States can be sole arbiters of their own corruption, can 

* start, prosecute and adjudicate cases against the own critics to the point of permanently depriving those critics of their profession for that criticism, 

* can dismiss cases against themselves, 

* can consolidate cases against themselves and 

*Appoint judges to review them - and dismiss them, of course -

but at the same time Trump somehow may not pardon himself?

He sure may.

Under this particular logic - he sure can.

Either he may, or, if he may not, then judges may not do the above either.

And, they should be stopped from doing it.

And, their victims should receive just compensation and restoration of their rights.

Democrats rejoice in their "victory" and plan what to do with "Trumpsters"

 A few options were suggested.

1. "Excise" Trump supporters from society - as "cancer".

2. "Re-educate" them - in camps, if necessary, after the compassionate Democrats drag you "from under your rocks" (see scans below).  And to start doing it right now, because "vulnerability is a powerful window" - you know how crooks and cult leaders are usually luring people who are in grief? That's how "Trumpsters" are going to be re-educated by the noble, educated and smart (after Biden supposedly "won" - which he did not, just read the 12th Amendment).  They are relieved now and they are planning how to clean America of over 70 million Americans who dared to vote for their political opponent.

Anyway, "Trumpsters'" "thinking MUST change".  And, they need to put their clever heads together as to how to accomplish this feat.

Even though "Trumpsters" are usually dumb and gun-happy people who do not see "great intentions" in attempts to "re-educate" them.

3. Just send Trump supporters to "GULAG" - without any "re-education".

4. Turn them into "renewable energy".  Just like Hitler did with Jews and Russians, remember? Cremation - and phew! - no Trumpsters around.

Authentic scans of Democrats' discussions personally collected by the author off Facebook today.  The conversation was happening this past weekend, when Democrats have just learned that CNN has picked the next US President. Which they consider totally legit, 12th Amendment notwithstanding.  Remember, they are the "educated" and "smart" ones.

Earlier I have published 2 articles about ethnic shaming by Democrats of

1. a Russian American - on political grounds, and of

2. Cuban Americans - also on political grounds.

That is the same bunch that vulgarly and relentlessly has been bashing Trump, his family members (including his minor son) and anybody who would support Trump politically or personally - in the worst gutter language possible.

Now they are magnanimously planning to "save America" and re-educate Trump supporters - just like China is doing, possibly, with its political dissidents.

This is America today.

 

 

 

 

 

 

So, my Republican friends, just know what's coming if Biden is to win.

"Compassionate fascism", re-education - at best.

Or "excising" you, like cancer, from the American society - or camps/GULAG (there is already a legal basis for it, Korematsu v United States where putting American citizens based on their ethnic origin into concentration camps in the US was considered constitutional by the US Supreme Court).

Or turning you in the "renewable energy".

The "Green New Deal", you know.

 

Elections2020: on ethnic shaming by fascist Democrats-2. Condescending shaming of Cuban Americans for their support of Trump and aversion to socialism

 I have posted previously an article showing evidence of ethnic shaming by Democrats of a Russian American, a US citizen and a mother of a US soldier, for daring to say that the Democratic idol Ruth Bader Ginsburg was a corrupt judge.  

(Remember, you may not criticize RBG for proven corruption and misconduct, you may only bash judges for being nominated by Trump to the US Supreme Court, that's the new Democrat "law" in America).

Since then, there was a series of articles where Democrats lamented as "Trump-induced hatred and bigotry" when somebody yelled at the 2nd Lady of the State of Pennsylvania (a former illegal immigrant from Brazil) - "go back to your country ".

When I posted my article in the commenting thread about it showing how Democrats suggest that I go back to Russia simply because I dared to criticize their darling judge Ginsburg, some more insults if the same kind were directed at me.

A (former) illegal immigrant from Brazil supporting Biden cannot be told to go back to her country.  It is bigotry and ethnic hatred caused by Trump.

A longtime American citizen from Russia can. It is not bigotry or ethnic hatred.

Now some Latino American citizens, Cuban Americans - those voting for Trump - can be told by Democrats to go back to Cuba.  That is not ethnic bigotry or hatred.

Here is how that ethnic bashing went today on Facebook:

If you do not vote for Biden, you ain't black and you ain't Latino.  Got it?

And you know nothing about the true socialism, even if you lived in a socialist country half your life.  You are just a poor brainless thing that does not know what is good for it.

And you can go back to your country.

And no, it is not ethnic hate speech.  Facebook told me so.