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.


Friday, September 24, 2021

The decision to suspend Giuliani’s law license: jurisdictional basis fabricated by the licensing court

 

The decision to suspend Giuliani’s law license:

jurisdictional basis fabricated by the licensing court

 

Tatiana Neroni, Juris Doctor

Initial publication in Russian on Academia.edu – September 7, 2021 ©

 

 

In its decision to preliminarily suspend the law license of Rudy Giuliani, lawyer to 45th US President Donald J. Trump, the New York licensing court has reviewed and rejected Giuliani’s protest against court’s regulation of his political speech in and out of court and suspended Giuliani’s law license, before the formal charges were filed and without any hearing, because of his political statements about results of presidential elections 2020 in 4 states:

1.     Arizona,

2.     Georgia

3.     Michigan

4.     Pennsylvania[1].

In asserting its right to regulate political speech of attorneys in and out of court the New York licensing court relied upon two U.S. Supreme Court cases:

1.     Gentile v State Bar of Nevada, 501 US 1030, 1051 (1991), and

2.     Ohralik v Ohio State Bar Assn., 436 US 447, 465 (1978).

The reality is that neither one of these precedents of the U.S. Supreme Court contains permission to any governmental bodies, courts included, to regulate political speech of lawyers – with very narrow exceptions that did not apply in Giuliani’s case.

On the very opposite, in the former of the two precedents cited by the New York licensing court in Giuliani’s case, Ohralik v Ohio State Bar Assn., 436 US 447, 465 (1978), the essence of the case was about regulating of purely commercial speech of a lawyer – the so-called “ambulance-chasing”, imposing of the lawyer’s paid business to patients of hospitals without their consent.

Moreover, the U.S. Supreme Court has been very cautious not to regulate political speech of lawyers in Ohralik, and not to even appear as if it is attempting to do that – it stated specifically in Ohralik that the speech regulated in that case was not political in character. 

In the latter of the two precedents cited by the New York licensing court in Giuliani’s case,  Gentile v State Bar of Nevada, 501 US 1030, 1051 (1991), the essence of the case was disciplinary punishment of a criminal defense attorney who has won a jury trial for his client.  The punishment was for the lawyer’s press-conference before the formal charges were brought against his client, where the lawyer has publicly accused the local police of criminal activities, fabrication of a criminal case against his client and mishandling of the drugs seized by the police elsewhere.

The U.S. Supreme Court has actually vacated the attorney’s punishment, stating that

1.     An attorney may need to make out-of-court public statements on behalf of his client in the course of a court case if the attorney decides that the client’s interests so demand;

2.      An attorney may publicly criticize the government out-of-court despite a pending court case, which is political speech that the government may not regulate, with two exceptions – if the attorney has used in his/her political speech

1)     Information obtained through a mandatory court discovery process, and

2)     Information subject to a pre-trial court gag order.

The court in Giuliani’s case never mentioned that Giuliani used in his statements information falling into either of the above two exceptions, therefore, the New York court had no authority to regulate Giuliani’s political speech – in or out of court.

Therefore, Giuliani was correct in his protest that the court lacked authority to regulate his political speech through a license regulating procedure.

Moreover, the court in Giuliani’s case acknowledged that at all times when making his statements Giualiani acted in a representative capacity, as the voice of his client, 45th US President Donald J. Trump.

The U.S. Supreme Court has stated more than half a century ago that the government may not do in an indirect way what it may not do in a direct way[2].

Donald J. Trump is not an attorney licensed by the State of New York to practice law, nor does he purport to practice law in the state of New York, and thus is not subject to regulation by New York State court regulating attorneys[3].

New York attorney licensing court had no authority to regulate political speech of 45th US President Donald J. Trump – not directly and not indirectly, through regulating his representative, lawyer Giuliani.

Nor did the court have authority to regulate Giualini’s speech had that speech been on Giuliani’s own behalf, in view of the true holding and reasoning of the two US Supreme Court cases Giuliani’s court has (deliberately) misquoted.

Therefore, the Giuliani court had no jurisdiction over proceedings, its decisions are null and void and the continuing proceedings must be barred as unconstitutional.

 



[1] Matter of Giuliani, 2021 NY Slip Op 04086 (1st Dept, June 24, 2021).

[2] Speiser v.Randall, 357 U.S. 513 (1958).

[3] See New York State Judiciary Law § 90(2) (“The supreme court shall have power and control over attorneys and counsellors-at-law and all persons practicing or assuming to practice law”).

Monday, September 20, 2021

The ACLU hires people to practice law without a license, with a great salary and benefits, too

 

Here is a job just posted by the ACLU on Indeed.com.


Note that the ACLU does not require for this job either a law degree or a law license while the job clearly requires "practice of law" in Virginia.

In other words, the ACLU hires people to violate criminal state law?

But - since it is the child of Soros and Ginsburg - it can do anything?

------

Policy and Advocacy Strategist

$58,000 - $108,000 a year - Full-time
You must create an Indeed account before continuing to the company website to apply

Job details

Salary
$58,000 - $108,000 a year
Job Type
Full-time

Full Job Description

Description:

The Policy and Advocacy Strategist helps to develop and implement the ACLU-VA’s legislative, policy, and advocacy priorities by:

  • Analyzing current and prospective local, state, and national ACLU issues.
  • Conducting, analyzing, and presenting rigorous research which:
  • Identifies and evaluates best practices around model policies and programs (legislation, ordinances, directives, practices), as well as implementation strategies.
  • Building and maintaining trusted, respectful relationships with people directly impacted by the issues, community members and leaders, coalitions, allied organizations, issue experts, legislative staff, government officials, and elected officials.
  • In coordination with Policy Director, lead and co-lead legislative and policy strategies which:
  • Increase public and impacted community awareness of, and opportunities to engage on, civil liberties and civil rights issues.
  • Will result in meaningful change and actively mitigate potential disparate impact on Black and Brown communities.
  • Include a plan for successful implementation and a process for monitoring impact.
  • Help lead legislative and policy program implementation by:
  • Coordinating to develop and implement ACLU-VA’s legislative agenda and advocacy priorities, including but not limited to lobbying local government officials, members of the legislature, their staff and the Governor’s office, analyzing and tracking legislation, drafting legislation or amendments and preparing and delivering testimony
  • Coordinating and participating in legislative and advocacy meetings to advocate on behalf of ACLU VA’s legislative agenda
  • At each stage of the work, the Policy and Advocacy Strategist is expected to:
  • Draft clear, concise internal and external memos and develop advocacy tools in coordination with the communications team– including fact sheets, talking points, public education materials, position letters, and policy briefs – in multiple formats for a range of audiences.
  • Work with the Policy Team and community members to include the voices, perspectives, and experiences of those directly impacted by the issues being addressed into the process.

Salary Range: $58,000 - $108,000. To preserve the opportunity for advancement, we do not typically hire above the mid-point of the range.


Benefits include 4 weeks paid vacation; 4 weeks sick leave; employer-paid medical, vision, and dental insurance for staff and eligible dependents; a 401(k) retirement benefits plan with employer match; life insurance; and short and long-term disability insurance.

Due to COVID-19 and our desire to keep our employees safe, our organization is currently operating remotely. This will continue until at least January 4, 2022. After that time, we have an interim remote work policy in place that will offer remote work flexibility to all staff until June 30, 2022. After that time, employees will follow the long-term remote work policy( to be discussed during the hiring process). This position will occasionally require a presence in the downtown Richmond office.

. Requirements:

Minimum Requirements

  • Significant hands-on experience successfully advocating for legislative or policy change on social justice and/or civil liberties issues.
  • Experience in researching, collecting, and synthesizing large amounts of information from a range of sources and providing recommendations on next steps.
  • Proven ability to think critically and strategically about solving problems in a way that produces results.
  • A commitment to Diversity, Equity, Inclusion and Belonging.
  • A commitment to the mission and values of the ACLU of Virginia, including racial justice and anti-racism.
  • Willingness and availability to work beyond the normal workday and on weekends during Virginia’s Legislative Session as needed.

Essential Skills & Abilities

  • A Policy and Advocacy Strategist must have policy development and implementation experience, a curious and strategic mindset, and experience working on the core issues for criminal legal reform
  • Experience lobbying or advocating for a legislative measure in Virginia or another state or local government.
  • Demonstrated experience working with individuals and communities directly impacted by racial injustice.
  • Experience tracking legislation through the legislative process at a state or federal level and communicating progress to others.
  • Experience working in a diverse coalition to achieve a policy change outcome.

Desirable Experience, Skills & Abilities

  • Proven ability to communicate clearly and effectively, explaining complex issues in accessible terms for a range of audiences, both verbally and in writing.
  • Proven ability to work independently and manage multiple projects with competing deadlines on a tight timeline, while maintaining a strong attention to detail.
  • Proven ability to build and maintain effective relationships with a broad range of constituencies, including people who have been impacted by the policies for which we advocate.
  • Resilience and understanding that working towards systemic change is a marathon and not a sprint.
  • Experience in helping to develop campaign goals, plans, strategies, and tactics to achieve outcomes on specific issue areas particularly policy experience advocating for anti-racist models for criminal legal reform is a plus
  • Experience working on both issue campaigns and electoral campaigns a plus.
  • Ability to communicate in Spanish, Korean, Vietnamese, Tagalog, Arabic, ASL or other language used by marginalized communities across Virginia.
American Civil Liberties Union Foundation
1 day ago

Thursday, August 26, 2021

“I don’t care whether you are right or not, but I will rule against you anyway, for trying to seek the truth in court” – On politically motivated “rule of law” in the United States courts

Over the past 5 years or so, and especially since 2 events emerged – presidential elections of 2020 and ensuing lawsuits, and introduction of covid19 vaccines – politically motivated judicial decision-making has come from being hidden from the view of the majority of the American public – right into the limelight.

It happened because of the issues where this politically motivated jurisprudence was applied, concerning every single American.

As this article is showing, we know have a “justice system” that dishes out political expediency rather than resolves arguments between parties and delivers justice – and it is early time to celebrate for Democrat or Democrat-leaning Americans that it is their “teams” and their agendas are as yet winning in these political expediency decisions.

Political winds may change, but case law and principles of such decision-making may haunt all Americans for a long time.

This article will show how unlawful politically motivated judicial decision-making can impose a major undermining of major rights on fundamental issues related to lives of everyone in this country – on just two court cases, but seminal cases in their importance for every single American and our future lives:

      A case where a judge authorized private employers to condition employment on covid19 vaccination[1], and

2.  A civil rights case by several voters in Michigan where a judge dismissed the case without allowing to verify whether what plaintiffs were saying was true or not through discovery (since the bulk of documentary proof was, as it usually is in such cases, in the exclusive possession of the government stonewalling access to it) and a jury trial, but nevertheless sanctioned their lawyers for bringing the lawsuit[2].

Both cases show interesting tendencies.

First, judges in both cases are blocking the facts on the key issues of litigation from being discovered and presented to the jury:

· I In the vaccination case it is discovery from 3rd parties – government-immunized vaccine manufacturers of Covid19 vaccines[3] – of facts, kept by these vaccine manufacturers under lock and key, regarding their true efficacy and safety – or lack thereof;

·    In imposing sanctions against civil rights lawyers in election fraud cases – regarding the centerpiece issue whether there was or there wasn’t widespread fraud during the 2020 elections.  That is an issue of fact that only a thorough discovery, and then cross-examination before juries, can establish.

Second, notwithstanding the lack of stonewalled evidence[4] that the judges did not allow to be discovered and established before a jury – the judges then rule on the merits of the case;

Third, judges in both cases – adamantly and openly refused to even review the key issues of litigation:

a.      Whether the covid19 vaccines are safe and effective[5],

b.     Whether there was widespread election fraud at the 2020 presidential elections and whether the “elections were stolen”[6].

They

  • 1.     block the true facts from being discovered, and
  • 2.     rule against the plaintiffs[7] and punish their lawyers[8] without regard whether what they complained about in their lawsuits were right or wrong.

Ruling against people without allowing to fully develop and review key issues of litigation on the merits is the opposite of justice, fairness and the “rule of law”.

Courts exist actually to resolve disputes between parties, and because of their truth-finding function.

When a court refuses to engage in truth-finding, but instead firmly declares that it WON’T do the truth-finding, moreover, it DOES NOT CARE WHAT THE TRUTH IS, but it will rule – against the party seeking the truth – anyway, this is the opposite to the rule of law.

This is tyranny of the worst kind.

It is also a denial of access to court, in violation of the 1st Amendment Petitions Clause, and 5th and 14th Amendments’ due process clauses - because of political expediency.

It is also an illustration of how federal judges in the US – employed in their positions for life – can wreak havoc in people’s rights by engaging in unlawful, politically motivated judicial decision-making – or, likely corruption (from which courts have given themselves absolute immunity). 

This type of denial of justice to the entire country by a few biased or corrupt judges on important issues of public safety and/or democracy should not be permitted. 

A justice system reform in the US is long overdue.


[1] Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021).

[2] King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021).

[3] Public Readiness and Emergency Preparedness Act (Prep) of 2020 and 2021, https://www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx .  The way this immunity from liability operates is that anybody who develops, sells or administers covid19 vaccines is immunized from liability (injuries or deaths) that the vaccine may cause, specifically, a lawsuit cannot be filed against such people or entities, discovery cannot be had and their liability cannot be established before juries – as it can be done when a person is injured or dies after administration of any other medicine.  Yet, what the PREP Act did not block is the possibility of subpoenaing vaccine developers and manufacturers as third parties to testify in discovery and at trial in related cases, such as in mandatory vaccination cases against employers.  That possibility was blocked in

[4] By vaccine manufacturers (3rd parties in the lawsuit) in the mandatory vaccination case, and by the government in the 2nd case.

[5] “Wrongful termination.    Vaccine safety and efficacy are not considered in adjudicating this issue”,  Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021). at 1 of 5.

[6] “To be clear, for the purpose of the pending sanctions motions, the Court is neither being asked to decide nor has it decided whether there was fraud in the 2020 presidential election in the State of Michigan”, King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021). at 3 of 110 (footnote omitted).

[7] Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021).

[8] King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021)..

Tuesday, July 13, 2021

Disbar them (for taking a position in court in a highly political matter)! The new "democracy" a-la-USSR in the USA

There was a time in the Stalin's USSR when there were meetings held at large factories and universities alike, where people were "expected" to condemn - and demand death for - accused political opponents of Stalin and to "spies".

Of course, accusations of spying were fabricated out of the thin air and confessions extracted by KGB under torture.

And, of course, most people did what the government expected them to do.  They publicly condemned people they did not know.  And demanded death for them.

Why?

For their careers, peace of mind, not to be flagged and not to be the next on the butcher block.

Appears that we have the same tendencies starting in this country.

What is horrible, but not very surprising to me who have been researching and writing about the American legal profession for years, the left have subverted public thinking about the legal profession and instilled into a large portion of the U.S. population the idea that attorneys who defend in court positions of political leaders the "woke" do not like must be disbarred and forever forbidden to practice their profession - to support the snowball of political repressions against non-woke lawyers has already started rolling. 

 In New York, in South Carolina, now in FEDERAL COURT in a Michigan district.

Now why this kind of tendency is the equivalent of shooting yourself in the foot for every single member of the American public?

In the U.S. there exists a so-called absolute attorney monopoly.

In my view, it is not legal and it is not constitutional for the government to control people's access to court by allowing only people to be represented by only those individuals who are vetted by that same government.

Figure how crazy the reality sounds of your opponent in a court case controlling who you can choose for your representative to oppose that opponent in that court case.

Yet, that is the reality in the U.S. where the government is on the other side of a court case.

Because that same government controls the license - and, thus, the ability to represent you in court - of every single lawyer in the country.

And, the "Democratic" mass media not only considers this total lack of independence of the American legal profession as proper - but it literally sics people to demand, see above, no, not death yet, but being stripped off their profession for lawyers who dared to support a so-called "big lie" about election fraud in presidential elections of 2020.

Now, I have written a separate article on evidence in regards to why nobody, until now, has a right to state that allegations of election fraud ARE a big lie.  Because the only types of governmental bodies in the country - juries in respective states - did not adjudicate such claims, after a full discovery and a trial with cross-examination of witnesses - as false.

By the way, you know, what is the reason toted by those who are benefiting from trying to prevent the dismantling of the unlawful and unconstitutional absolute attorney monopoly in the US where adult legally capable people are PROHIBITED BY THE GOVERNMENT to choose WHO THEY WANT to represent them in court?

Which makes no sense since every person in the US may represent him/herself in court without a lawyer - for that the government gives people a right. But not to choose a trusted another to represent them - somehow people must trust only those who the government allows them to trust, government-licensed attorneys.  Which, again, makes no sense.

Well, the reasoning in support of the absolute attorney monopoly (other than "it has been like that for a long time, so why wouldn't it continue some more") is - because people are dummies, they do not know the law (they are presumed to know, otherwise people cannot be prosecuted for breaking those laws), mind, they do not know THEIR OWN public laws, enacted by people they elect to act on their own behalf and for their own benefit.

Which is - all in all - a crazy reasoning.

But yet.  The absolute attorney monopoly - 

blocking the entire country that calls itself "democratic" access to court with a representative of their own choice 

-exists because citizens of that country de facto agree that they are too dumb to know their own laws and can "only" represent themselves without a representative/lawyer, but cannot possibly be smart enough to choose such a representative unvetted by the government.

Ask a licensed lawyer regarding the constitutionality of the concept of attorney monopoly in the US - most likely you will get a blank stare, or an "it has always been that way" "argument", or "I don't care", or "I do not want to know" "argument".

It is a gilded cage that all licensed lawyers in the US "enjoy".

As to who regulates lawyers, which branch of the government - that is a separate song and dance.

It is the branch of the government that 100% consists of lawyers.  It's judges.

While all other regulated professions in the US are regulated by the executive branch, somehow the nature of attorney regulation is claimed to be "different", and lawyers are regulated by judges - while claiming that they are a "self-regulated profession", one more lie.

Does such regulation violate federal antitrust laws?  You bet.  A profession regulating itself under the guise of neutral government regulation cannot possibly be neutral to itself.  All it does is restricting competition and upping prices for its services for the public.

And, as to the regulators of the profession - judges - how can that regulator be considered neutral and honest when

1. it gave itself an absolute immunity for malicious and corrupt conduct in office, and

2. it prohibits criticism of itself to lawyers - at the threat of stripping them of the government-given "privilege" to practice in their chosen profession, devaluing their law school diplomas to zero.

The public should well remember that if a lawyer is too intimidated to raise a legal issue in court, for fear of losing his or her right to earn a living in her profession - and especially in cases where the almighty government is the lawyer's client's opponent - every single member of that public does not have grounds for hope to find an independent and fearless lawyer to represent that member of the public on a "sensitive issue".

Now, let's go to what is happening now where THE GOVERNMENT (the Michigan Attorney general) is asking a judge in Michigan to sanction lawyers - Sidney Powell, Lin Wood and a number of others, with names less famous - for making "false claims" of election fraud in court.

Once again, there was no discovery in the Michigan lawsuit, there was no jury trial, and the judge who dismissed the case, on a motion to dismiss had to be guided, by the law, by the rule that requires of that judge to ASSUME AS TRUE every factual allegation in the complaint.

Mind that when most of the data is in the hands of those whose actions are challenged in that lawsuit, no factual decisions may be done without an evidentiary hearing, and a dismissal NOT assuming as true allegations in the complaint (despite supporting affidavits) is starkly unlawful and should be reversed on appeal.

Yet, the same judge who did the unlawful dismissal of the case, is now, on request of Michigan Attorney General (opposing a civil rights lawsuit, mind - as the State AG opposes EVERY civil rights lawsuit of EVERY resident of the State of Michigan, see Pacer.gov for public records of that) - is trying to sanction lawyers who dared to represent "that who cannot be named" and who tried to raise the "issue that cannot be named" - election fraud.

Now, I do not know about commentators in the left press which, same as in the USSR of the 1937 and other years of KGB purges, demand to disbar all Trump lawyers for "spreading the big lies" and "influencing the public" - for political reasons, which does not bother the "demanders" one bit.

I do not know whether they watched public hearings re certification of the presidential votes in 2020.

I did, the whole thing.

And, I did watch Democrats pushing against Republican witnesses of election fraud in Michigan, to certify nevertheless (and a Republican certifiers first certified and then recanted claiming she did it because she received death threats for her daughter).

You know what "legal grounds" did Democrats present to have elections in the State be certified WITHOUT AN INVESTIGATION of fraud despite multiple witnesses coming forward with testimony of fraud at public hearings?

Because, supposedly, the Michigan state law "does not allow" investigation before certification.

Certify - Democrats said - the election as TRUE, and THEN, "by law", the investigation will become possible.

Only it does not work that way - and they knew it.

As soon as elections in Michigan were certified - under death threats - Democrats immediately claimed that certification of elections as true, IS evidence that certified election results are actually true, and there is nothing to investigate.

A classic trick of fraudsters.

And, when voters sued, the case was blocked by a woke judge before it proceeded to discovery and jury trial - and now the same judge whose decision lawyers are appealing as unlawful is reviewing sanctions against them - for doing their jobs for their clients.

Mind that there was NO evidentiary hearing (with witnesses) in that case - as in any other election fraud cases across the country.

None.

Ever.

Mind that it is a huge separation-of-power no-no for STATE COURTS to take law licenses of CIVIL RIGHTS attorneys because of their stand in FEDERAL civil rights cases.

Yet, the left has put the law squarely on its proverbial head in order to brainwash the public regarding their political agenda.

With no regard whatsoever about either the rule of law, or the fate of every single member of the public when the time comes for them to get their lawyers to defend their sensitive issues in court.  Especially against the government.

And, if the law is put on its head, if certification is done by trick and death threats - and if it is a sanctionable offense for a lawyer to challenge this setup in court, and if the sanctioning judge has given herself immunity for malicious and corrupt conduct in office and thus put herself above the law - what hope for a fearless, honest and effective representation any of us have in court.

What rule of law?

Now "enjoy" the scans of people asking to disbar attorneys who are trying to do their job in court.

Shooting themselves in the foot has become the Democrats favorite game.  I do mind this game though - because it is destroying what was left of the rule of law before election fraud cases in this country.

Hard cases make bad law, huh?

"Enjoy" the opinions of people braving shooting themselves in the foot - as well as all their co-citizens.

Talking about "sancta simplicitas".

Endorsing a self-immunized-for-corruption woke judge (Stump v Sparkman) endorsing the request for sanctions of the judge-immunized-for-corruption prosecutor (Imbler v Pachtman) against lawyers after blocking the jury from reviewing the same evidence that they say is "a big lie".




























By the way, you know the reasoning the U.S. Supreme Court used unlawfully granting immunity for corruption and other crimes in office to all American judges and to all American prosecutors (the only people who can prosecute judges for corruption and crimes in office in criminal proceedings)?

To grant judges and prosecutors impunity for corruption and committing crimes in office is GOOD FOR THE PEOPLE - so that judges and prosecutors are acting fearlessly - in committing corruption and other crimes in office.

So they are.  Now.


Thursday, June 24, 2021

The bell is tolling for attorney independence. Once again. Rudy Giuliani is suspended - before the final disciplinary decision - for being a brave an honest lawyer for 45th President Trump

 A yet another political suspension of an attorney license in NY for doing his duty for his client. 

The shameful political "interim" 27-page decision is here

Note that the suspension was on motion, without a hearing, certainly without a jury trial. 

Note that proceedings were closed to the public.

Note that in attorney disciplinary proceedings in New York, unlike other court proceedings, the intermediate appellate court is allowed to play all fiddles that is usually forbidden by the constitutional separation of powers principle: 

1. It is a party in the proceeding (licensor); 

2. it is a legislator of both attorney conduct rules AND the court procedural rules in attorney disciplinary proceedings. 

3. The prosecuting attorney is officially deemed "an arm of the court", of that same court that is adjudicating the matter. 

All of the above combinations of roles of the presiding court are gross constitutional violations making such proceedings jurisdictionally invalid. 

Just some food for thought for the public - who is usually completely unaware as to how attorney licensing is happening in their state and country. 

Btw, what they are licensing (the so-called "practice of law") is not clearly defined by statute anywhere in the country, including New York state, making the whole attorney licensing process unconstitutional. 

But - since it is an attorney for Trump, why not celebrate what is otherwise unconstitutional? 

Don't ask, for whom the bell tolls...


===

The basis for the interim suspension is - supposedly spreading false news about election fraud in the 2020 presidential elections to courts, lawmakers and the general public.

A kicker here - no courts have so far allowed discovery in election fraud cases, nor did they allow cases to proceed to jury trials.

And, without a jury, as I wrote here in my article on evidence, no other court can presume - as the disciplinary "court" did here - that there was NO election fraud.

Which is exactly what Rudy Giuliani told these idiots in his answering papers.

To no avail.


==

And yet another note - to the celebrating public.

If even a US President does not have a right to an independent and fearless representation by an attorney - what chances as to access to justice do average Janes and Joe from the street have?

If or when you have a sensitive issue to raise in court and you cannot find an attorney to represent you - look no further.

Otherwise, feel free to celebrate.