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, September 20, 2020

What a farce and slap in the face of our fallen soldiers to have Ruth Bader Ginsburg (or any other your Supreme Court justices or senators) buried in the national Arlington cemetery

 Don't you think that this is very crass and disrespectful to all fallen our soldiers to have deceased justices of the US Supreme Court be buried in the national Arlington cemetery?


Working like kings and queens in the US Supreme Court, a very privileged uncomfortable position, does not come close to be compared to the hardships and sacrifice of military service and giving you life for your country, literally.


That's a travesty and a farce, and that should stop.

Some preliminary thoughts about President Trump's list of nominees to the US Supreme Court

 Started to research the list of nominees of President Donald Trump to the US Supreme Court.


This post has been dictated, I'm trying to edit out errors, please bear with me.


Very very very very depressing, and not for reasons Democrats claim.


 I have watched the confirmation hearing of Brett Kavanaugh, I understand the political situation and I understand the need of putting a judge through quickly and as smoothly as possible under the circumstances through the confirmation process.


And yet.


For all that Donald Trump claims that his anti-establishment, the nominees are establishment on very many levels - upper government echelon, private schools and what is most disturbing clerkships in the US Supreme Court.


I will not be revealing details that I found, it is premature at this time.


I am planning an article about this where it will be published fully with detailed analysis.


What I can tell at this time is that certain candidates and the history of their legal career give to a disinterested public observer an impression that the US Supreme Court is operated as a private quid pro quo venture, a closed order where cases are taken before the US Supreme Court are taken exclusively on the basis of personal connections, not merit.


And the recently sainted (as a person of Jewish faith who has died during the Jewish holiday of Rosh Hashanah and thus has become a Jewish saint called tzaddik) late judge Ruth Bader Ginsburg was complicit in it.


Once again not one candidate with a prior criminal defense experience, and let's remember that these judges literally decide people's life or death, specifically death because they are deciding last minute appeals from death penalties, federal and state.


In that unfortunately president Donald Trump cannot be distinguished from any other president before him including the Democrat's dears Barack Obama and Bill Clinton who both similarly put on the court exclusively judges with prosecutorial mentality.


The only Justice on the US Supreme Court who was not a prosecutor before coming to the US Supreme Court was actually the just departed Ruth Bader Ginsburg.


Now the eight remaining justices are all former prosecutors, appointed to the court by both Republican and Democratic presidents.


So for all the fights over the US Supreme Court seats between the two major parties in the United States what we the people get is, uniformly, former prosecutors with inbred notion that they can do absolutely anything including malicious and corrupt conduct in office with impunity because they are immune.


Unfortunately, president Donald Trump is following in this trend and adding people with the same mentality.


People who get appointed there by all presidents are, first, licensed attorneys - which means that the federal judges are controlled by state governments, state courts from which they take and review appeals, such a conflict of interest is not good. There is no requirement in the US Constitution that your Supreme Court judges justices must be state-licensed attorneys, or attorneys at all.


Number two is that they're all former prosecutors with the respective accusatory mentality, presumption of guilt in their minds, and long years of "enjoying" the illegally given by the US Supreme Court to themselves and to prosecutors absolute immunity for malicious and corrupt conduct embedded into their minds as a matter of entitlement.


That means that after having enjoyed a lifetime of immunity for their own malicious and corrupt conduct in office there is no way in hell that these people are going to shoot themselves in the foot and declare their own actions unconstitutional.


If we the People think that partial qualified immunity to the police given by the same US Supreme Court illegally is bad, how bad is the self-given entitlement by judges and prosecutors to do absolutely anything including corruption and crimes in a court proceeding and be absolutely immune for it to the victims of their behavior.


Number three they're mostly graduates from private including Ivy league schools and members of the American blue blood, practically hereditary top government establishment.


As such they have absolutely no real life experience of ordinary Americans and no care or concern about the plight or rights of ordinary people.


And number four, a lot of them are former clerks to the US Supreme Court justices which indicates that they were previously bound by the courts illegal code of silence to the clerks, and personal loyalty to the judges not the Constitution and the American people, and moreover that they complied with this illegal code, otherwise they wouldn't have been able to make their brilliant and financially beneficial legal careers.


It is very sad.


And we the People should put pressure on our Representatives in the US Congress to put an end to this travesty, change jurisdiction term limits and makeup of the Court.


It is our court, existing on our money and that should be serving for our benefit, not a private quid pro quo personal venture of the American new hereditary royalty.

Tuesday, September 15, 2020

On the continued inbreeding in the Otsego County Court (New York). People v Shelly Ann Young.

I have left the state of New York 5 years ago, but news do come to me from the local upstate court system from time to time.

And sometimes these news are just too funny - or tragic - depends on what role you play in this or that court case.

And what is very UNfunny, let's say, is the cowardly local press who takes upon itself to bravely thump on Trump every day, but pretends it does not see misconduct and corruption of local public officials, right under the noses of the editorial staff and writers of the God-blessed "The Daily Star", of Oneonta, New York.

Today that blessed media source has published a story about a woman, a criminal defendant in a sexual child abuse case (she is 37 and was accused of sex with a 15 year old boy).

Here:

https://www.thedailystar.com/news/local_news/judge-woman-accused-of-sex-abuse-is-avoiding-court/article_20460d8a-5168-5005-b22d-b1307e6cb65f.html

The story went that the woman did not show up in court for her arraignment (the first court appearance in a criminal case).

Of course, that information appeared to be false, since immediately somebody posted a comment on Facebook under this article that it was not true, that it was a mix up of court dates by lawyers, and that she will appear in court coming Monday.

But the whole cherry on the cake was in WHO the presiding judge in that case was and who were those attorneys who mixed up the court date - and how bad the charges were - and why this case required this particular judge and this particular assigned criminal defense attorney.

1. The attorney - a public defender, mind, so the criminal defendant is poor and cannot afford an attorney. Mind also that there are a lot of assistant public defenders in that Otsego County Public Defender's office, but who was chosen to represent the woman in this case?

Mike Trosset.

2. Who is the presiding judge in the case? John Lambert. 

And who is John Lambert to Mike Trosset? Former law partner.

And John Lambert appoints his former law partner Mike Trosset to represent a criminal defendant in a child sexual abuse felony case.  How cute.

3. Now, let's go further.  Who is the prosecutor in the case?

John Muehl.  And who is judge John Lambert to John Muehl?  Former employee in the District attorney's office, another former part-time prosecutor, along with the private law practice with Mike Trosset as a partner.

Already a big happy family.

And how does Judge John Lambert like to decide criminal cases?

Certainly not in open court.

Through "conferences" in the back room behind the courtroom, where he sits with John Muehl (his former employer) and probation department officers and police officers (witnesses for the prosecution), and very often he sits there for periods of time alone with the prosecutor and his witnesses, communicating with them ex parte (without the opposing counsel or the defendant).

And, Judge John Lambert calls in attorneys one by one to that back room - without their clients, mind, even though criminal defendants, especially in the County Court (where FELONIES are charged) have a right to be present at every significant stage of a criminal procedure - so it is a constitutional violation, not that Judge John Lambert cares about such trifles.

But in case of Mike Trosset as an assigned criminal defense attorney (and Judge John Lambert's former law partner) even that constitutional violation looks like a joke - because Mike Trosset, John Lambert and John Muehl are all buddies and will find how to sell out a criminal defendant anyway, back room or no back room.

So, if a defendant in such a situation even did run for sure - who would blame her for not wanting to subject herself to this incestous dog-and-pony show?

Because - you know WHY Judge John Lambert assigned his buddy (former law partner Mike Trosset) to represent a criminal defendant in a child sex abuse case prosecuted by his former employer John Muehl?

Because most likely (judging by the dates published in the article) John Muehl has neglected his duties, and the case was supposed missed - if, of course, the defendant would be represented by an honest criminal defense attorney who knew his job, and not by a judge's and prosecutor's buddy.

Just my follow their tricksters' hands for a moment.

The article says that the Otsego County Sheriff's Department has arrested the defendant back in February of this year.  That is 7 (seven) months ago.

By criminal procedure law of the State of New York, CPL 30.30, John Muehl had 6 (six) months from the date of the arrest to bring the defendant to trial in the County Court - and do it only after an indictment of the grand jury.

There is not a word about the indictment in the article, and the County Court prosecutes felonies only - or misdemeanors IF they are bundled with felonies.

Did they coerce the defendant to forgo the indictment? Don't know.

But if they did not and if the defendant IS being prosecuted on an indictment, John Muehl may have blown by the date when he must bring the defendant to a JURY trial (not to an arraignment) by 1 whole month.

That is, unless the defense counsel WAIVES the time limits and the DISMISSAL of the case, which can be dismissed with double jeopardy attaching because of John Muehl's neglect to prosecute it on time, so that it can NEVER be charged and prosecuted again - and only a judge's buddy can sell his client in such a way.  Hence, here comes Mike Trosset assigned by John Lambert.

Note, too, that the judge (John Lambert, former law partner of assigned public defender Mike Trosset and former employee of prosecutor John Muehl) claimed that it is the defendant who is to blame for not showing up in court, not his buddies for the mix-up of court dates.

And they pretend that everything goes like it should and everybody around them do not see the outrageous conflicts of interest and misconduct going on - or these 3 buddies just know that nobody will dare to raise their voices against this farce of "court proceedings".

You think that Judge John Lambert, public defender Mike Trosset and prosecutor John Muehl do not know of the existence of CPL 30.30 - and that the case needs to be dismissed for violation of New York speedy trial statute?

That his former employer John Muehl-the-drunk has blown a sexual child abuse case, a felony?

Of course they know, that's the very basics of criminal law, and they have been practicing that law for decades.

If I were the defendant I would sue the hell out of Mike Trosset if he does not make that motion to dismiss under CPL 30.30.

===

And that is not the only dog-and-pony-show news from the Otsego County Court that I have received lately.

I also have received some news about yet another inbreeding with the upcoming judicial elections for a position in the same court and preparing an article on that one, too - so, stay tuned. 

Otsego County, New York, and its courts, are an endless source of stories about government corruption.

 

 

Thursday, August 20, 2020

A US Supreme Court precedent was created that may toss the majority of immigration lawsuits by the left

 The US Supreme Court has just created a precedent that may help Trump and his immigration policy and put an end to the endless permanent injunctions put on his executive decisions in immigration policy by District Court judges.


https://www.judicialwatch.org/corruption-chronicles/scotus-ruling-forces-soros-groups-to-make-anti-prostitution-pledge-to-get-u-s-aids-funding/?utm_source=deployer&utm_medium=email&utm_campaign=corruption+chronicles&utm_term=members&utm_content=20200819172846

The US Supreme Court has ruled, as it should have, that the US Constitution is not applied to foreign citizens located outside of the United States.


Here go all the lawsuits brought by the leftists on behalf of foreigners who only want to come to the United States, but are located outside of it.


The essence of the case is that foreign combatting HIV AIDS tuberculosis and malaria globally with the help  of US taxpayer money can only receive that money if they condemn child trafficking and prostitution.


They don't want to and still want to get our money, and they had the gall to sue in a US court, asserting unconditional receipt of US taxpayer money, during the pandemic that is hurting Americans, as a matter of their right.


They got their way with corrupt judges in NY federal district court and in the 2nd circuit, the courts that usually toss all civil rights lawsuits of American citizens.


But, they got rightly choked in the US Supreme Court.


"In a blow to George Soros’ leftwing initiatives, the U.S. Supreme Court has ruled that foreign affiliates of his Open Society Foundations (OSF) are not protected by the Constitution and therefore must abide by a congressionally mandated anti-prostitution pledge to receive federal funding.


 Under a 2003 law called United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act the U.S. spends tens of billions of dollars to combat AIDS globally and a chunk of the cash flows into OSF coffers. 


Under the measure organizations that receive American taxpayer dollars to fight HIV/AIDS abroad must adopt policies opposing sex trafficking and prostitution. 


Leftist groups legally challenged the rule years ago, claiming that it violated their First Amendment right to free speech. 


In 2013 the Supreme Court agreed, ruling that the policy requirement infringed on the American groups’ constitutionally protected freedom of speech.


The decision only applies to American organizations however, so an OSF affiliate called Alliance for Open Society International, which is handsomely funded by Uncle Sam, has engaged in litigation for more than a decade and a half to obtain the same exemption. 


The Soros group sued for permanent injunctive relief and a New York District Court ruled in its favor before the U.S. Court of Appeals for the Second Circuit affirmed. 


In a 5-3 ruling, the Supreme Court recently reversed the appellate court decision, determining that foreign affiliates of U.S.-based groups that get federal dollars to combat HIV/AIDS abroad are not protected under the Constitution. 


“In short, plaintiffs’ foreign affiliates are foreign organizations, and foreign organizations operating abroad have no First Amendment rights,” according to the ruling, written for the majority by Justice Brett Kavanaugh.


 Because the foreign Soros groups possess no First Amendment rights, applying the anti-prostitution policy requirement is not unconstitutional, the decision further points out, stating that under American constitutional law, foreign citizens outside U.S. territory do not possess rights under the Constitution.


Congress included the important policy in its landmark measure to combat HIV/AIDS globally because it determined that prostitution and sex trafficking are additional causes and factors in the spread of the deadly virus.


 Federal lawmakers also wrote in their legislation, which has helped save 17 million lives, that prostitution and sex trafficking are degrading to women and children.


 “No funds made available to carry out this Act, or any amendment made by this Act, may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking,” the law states.


 Leftist groups receiving federal funds assert that condemning prostitution and sex trafficking interferes with their efforts to help those with HIV/AIDS because it creates a stigma. 


The government’s anti-prostitution pledge “falsely casts sex workers as part of the problem rather than acknowledging their important role in developing and implementing successful HIV/AIDS-prevention strategies,” according to an OSF publication released years ago.


The recent Supreme Court ruling was a “blow to free speech and public health,” according to a statement issued by Soros’ OSF. 


It quotes OSF President Patrick Gaspard saying that “the Supreme Court upheld the U.S. government’s quest to impose its harmful ideological agenda on U.S. organizations and restrict their right to free speech.”


 He continues. 


“The Anti-Prostitution Pledge compromises the fight against HIV by impeding and stigmatizing efforts to deliver health services. 


Condemnation of marginalized groups is not a public health strategy.”


 The statement claims that research has repeatedly found that moral rejection and criminalization of sex work creates an environment where sex workers are more vulnerable to violence and abuse and consequently at greater risk of contracting HIV. 


“These issues are heightened in the context of COVID-19, when sex workers face financial devastation that further contributes to these disproportionate health and safety risks,” the OSF writes, circling back to blast the Supreme Court ruling because it “will prohibit critical organizations from providing services and support to sex workers who are too often left out of—or are antagonized by—government responses to the pandemic.”

Wednesday, August 19, 2020

Protectors of sex abusers in high places - up to the U.S. Supreme Court

I guess, New York has disregarded this precedent - meant, of course, to protect the sex abusers (priests) when it has put into place the same statutes and prosectued Harvey Weinstein and others under it.

"Stogner v. California, 539 U.S. 607 (2003), is a decision by the Supreme Court of the United States, which held that California's retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law."


 I wonder if the US Supreme Court justices who decided this one were personally involved with the Catholic church - or specific Catholic priests.

Scalia certainly was.

Monday, August 10, 2020

More on freedom of speech in the American academia. How can scared-to-death-to-speak-their-mind professors teach students critical thinking?

Recently I have published a translation of a eulogy on the suicide of a harassed-to-death-for-his-conservative-views law professor Michael Adams.

http://attorneyindependence.blogspot.com/2020/08/a-belated-eulogy-for-untimely-death-by.html

From a Russian lawyer, from Russia, mind.  Nobody from the brave American legal profession dared to do the same on this side of the pond.

Now, I am publishing an entire text of a professor from the prestigious Berkley University in the blessed "Democratic" state of California.

Who, unlike the fearless law professor Michael Adams who has paid with his life for his right to freely and publicly express his views, preferred to remain alive and gainfully employed in this prestigiousting his letter as an anonymous author.

https://www.freerepublic.com/focus/f-news/3855424/posts?fbclid=IwAR3s8vSM-W045-Rr5AdiFpTqQeZIeCQl5CRVar6UbgHwPwYsZmCuuUJbcxY

Read that, complete with comments underneath it.

And, please, tell me, how are we different from dictatorships.

And how can scared-to-death academia bring up critical-thinking educated citizenry?

 

 

 

Friday, August 7, 2020

On Facebook's closure of the 200,000 member public Q Anon group.- future litigation against Facebook promises to be entertaining

 

I often wonder how super large companies like Facebook operate in terms of publicity.

Today there was an announcement by Reuters, which is supposed to be a respectable media source, that is supposed spokesman of Facebook who, nevertheless, declined to be identified, announced the Facebook has closed at 200,000 people public group called Q Anon for supposed hate speech and spreading misinformation, and for other violations of company policies.

https://reut.rs/2DsRTd8

No examples were given, no links, no scans, no evidence at all.  Apparently, the level of journalism even, in Reuters, is sinking through the floor.

How can an honest and borderline competent journalist, in a giant international respectable media source publish something without evidence from a spokesperson for giant company trading publicly on the securities market who nevertheless declines to be identified?

This is not fake information? This is not fake news?

So, Facebook, through its spokeswoman who refused to be identified, has publicly defamed each and every one of the over 200,000 people who are members of that group, cleaning without a bases in evidence that they are spreading false information and hate speech.

Now I wonder, where are the minds of public relations people who allows such announcements, and especially by spokespeople of the company who decline to be identified.

Facebook has fought and won many lawsuits based on first Amendment freedom of speech, claiming it is a private company, and freedom of speech requirements of the US Constitution do not apply to it.

True, but there are other ways Facebook is exposing itself, badly, to litigation, and it does pay do sometimes hire lawyers not because of their connections, but because of their brains and knowledge, which obviously Facebook does not do.

I'm looking forward to the 1st lawsuit against Facebook for violation of user agreements. 

By this agreement, private users, including those in the qanon group, agreed to allow Facebook to use their personal information to peddle it to certain advertisers, based, supposedly, on those private users' interests, as expressed in their posts on Facebook.

 I can personally testify under oath as to Facebook violating that particular Clause of the agreement, by suppressing political advertisements according to users interests and instead pulling into the users ' feed aggressive unsolicited political advertisement from political opponents of the user, which is contrary to the terms of the agreement. 

 Also, in return for Facebook's permission for users to specifically create communities on Facebook's platform, users agree to abide by Facebook company policies. 

And here comes a glitch, and a big one.      

A contract like that is a contract of adhesion, once people are sucked in and create that community, Facebook, while continuing to use private information of those two hundred thousand people in the group as eyeballs for advertisers, creates company policies, ever-changing, vague and arbitrary to the point that it is impossible for a private user not to violate them, if Facebook wants to arbitrarilily censure their activities.  

  So, it is fraud on behalf of Facebook and failure of consideration, pure and simple, no first Amendment claims needed. 

 So yes, the user may choose to quit Facebook, before he does so, he may demand Facebook disgorge, or give back to him, the money improperly gained through using that user's information on Facebook, while blocking, for no good faith reasons, communities that the user has created, thus, denying the user the benefit of the bargain.  

Again, I'm looking forward to when this claim is made in court, because it will be made in court, just a matter of time.  

And, it concerns any and all speech of a Facebook user, political or not, and if political, liberal or conservative, doesn't matter.

 It is a breach of a private agreement and fraud, nothing to do with constitutional law, which, correctly, does not apply to private companies, with the exception of discrimination by private companies providing public functions, which Facebook does provide, allowing account to public officials and public organizations and interaction on those accounts with users.

  Facebook blocks the user - Facebook blocks and direction of the use of with a public official or public organization, which is a first Amendment violation of the petitions clause, not freedom of speech clause. 

 Not to mention that Facebook has recently stopped to peddle its pledge of neutrality (which is far as I remember is contained in its user agreement) and stated to a court of law, in a lawsuit, under oath, but it is now a publisher, and as a publisher, has discretion, absolute discretion percent sure anything it wants in any way it wants, no merit or lack thereof for the censure needed.  

Yay, good for them.

  With the only exception that with such a claim comes publisher liability - which can also be sued upon. 

 So, the future litigation against Facebook is going to be pretty entertaining, as their left hand does not seem to know what their right hand is doing and vice versa.