By
Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
http://www.Judicial-Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, Corderoric@yahoo.com
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with credit to its author, Dr. Richard Cordero, Esq.,
and the link to his website:
http://www.Judicial-Discipline-Reform.org.
This article is also at:
http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >OL2:725
A. You have no recourse against unaccountable judges, whose abuse is riskless
- You may be or have been a party to a lawsuit who have suffered, or may be or have been a court clerk(†>OL2:687), a lawyer(*>jur:106§c), or even a judge(*>OL:180) who have seen others suffer, judges’ abuse(*>OL:154¶3) of their power over your and other people’s property, liberty, and all the rights and duties that frame everybody’s life.
The materials corresponding to the (blue text references) are found in my study of judges and their judiciaries, which is the basis of this strategy. The study is titled and downloadable for free thus:
Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting* †
* Volume 1: http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page # up to OL:393
† Volume 2: http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >from OL2:394.
- Judges abuse their power, among other ways, by disregarding due process and the equal protection of the law, and making up rules as they go. They do not even read the majority of briefs, thus knowingly causing filers injury in fact(infra ¶23.d.4).
- Their motive for abusing power is their convenience at work and material and social benefits.
- They have the opportunity in the more than 50 million new cases filed every year(*>jur:8fn4,5) and the scores of millions being prosecuted or pending disposition.
- They wield the most frightening means: the power to do because they can and can get away with it. They are so empowered because they are held by the politicians who put them on the bench(OL2:610§3) and by themselves unaccountable(*>jur:21§§1-3). Theirs is unaccountable power, the kind that “corrupts absolutely”(jur:27fn28).
- As a result, when you were, or saw others, being abused, there was nobody you could turn to for help, let alone to hold judges accountable and liable to compensation. You were alone. When you try on your own to expose judges’ abuse, you stand no chance against them whatsoever(OL2:548).
- But that can change now if you think strategically(OL2:593¶¶15-16; 445§B): You can join forces with others to seize the opportunity to expose judges’ abuse opened by the nomination of Judge Brett Kavanaugh to become the successor to U.S. Supreme Court Retiring Justice Anthony Kennedy. His party affiliation should be as irrelevant to you as has been yours or that of the judges who abused you or whom you witnessed abusing others.
B. The duty of Judge Kavanaugh, all the other judges, and the Federal Judiciary itself, not to commit abuse and to expose it
- It is Judge Kavanaugh’s duty, and has been for the past 11 years as a judge:
a. to keep his oath of office(*>jur:53¶106) to “do equal right to the poor [in connections with me] and to the rich [therein, such as “a brother and sister of the robe”(†>OL2:546) and] to uphold the Constitution and the laws thereunder;b. to uphold the Constitution as it provides that a judge can keep his or her office only “during good Behaviour”(jur:22fn12);c. to enforce the constitutional provision that “all civil Officers”, including judges, are subject to impeachment and removal even for “Misdemeanors”(*>OL:126¶b);”
d. to counter and denounce(OL2:611§B) any judge, and all the more so the Federal Judiciary as an institution(†>OL2:633§D, 582§C), that abuses his or her power by interfering(OL2:395) with the constitutional right of every citizen, never mind a group of them, to “petition the Government for a redress of grievances” against judges(*>OL2:633¶19);
e. to report “grounds for believing”, which involves ‘a belief’ as opposed to evidence or proof, that a judge has violated a law and the matter should be investigated(jur:69fn130);
f. to file a complaint against a judge who “engaged in conduct prejudicial to the business of the courts or is disable mentally or physically”(*>jur:24§b; OL:160§B);
g. to “uphold the integrity of the judiciary” by denouncing a judge who has engaged in misconduct(jur:57¶119); etc.
- Judge Kavanaugh has violated his duty of office by either committing abuse of power himself, as a principal, or tolerating it, as an accessory.
- Toleration of abuse occurs through knowing indifference or willful blindness(*>jur:90§§b-d), or systematic exemption from discipline by dismissing 99.82% of complaints against fellow judges(*>jur:10-14; †>OL2:548). It is motivated by gaining the social benefit of being and remaining accepted by the other judges, rather than being outcast for denouncing abusers and retaliated against as a traitor.
- By tolerating abuse, a judge incurs accessorial liability by becoming:
a. an accessory after the fact of the abuse that he has witnessed but has kept silent about, thus covering up for the abuser and enabling the latter to keep any abuse benefit; andb. an accessory before the fact of the abuse that through his explicit or implicit promise of complicit silence he encourages judges to continue or start committing. - The other justices of the Supreme Court have likewise committed abuse of power individually(jur:65§§1-3) or collectively(OL2:455§§B-F; cf. 608§A). They continue committing or tolerating abuse when it involves a continuing crime, such as concealment of assets to evade taxes or hide the assets’ illegal origin(jur:65fn107b,c). Those assets can never be declared, lest the concealer incriminates himself or herself(jur:105fn213).
- Due to the abuse committed or tolerated, Judge Kavanaugh is unfit to become a justice and be entrusted for life with even more power to affect everybody in our country, just as the other justices are unfit to remain as such on the Court.
C. What you can do to make your experience or knowledge of abuse known nationally
- Therefore, what should energize you is not the issue whether Judge Kavanaugh should staff the Supreme Court.
- Rather, what should catch your imagination and drive you to action is the opportunity to take advantage of the national attention concentrated on all things judicial by the media investigating Judge Kavanaugh and the Senate Committee on the Judiciary holding his confirmation hearings.
- You can endeavor to insert in the national debate as well as the primaries and mid-term elections the issue of how Judge Kavanaugh, the justices of the Court(jur:71§4), and the other judges have committed and tolerated abuse of power to such a routine, widespread, and coordinated degree as to have institutionalized abuse as their modus operandi(jur:49§4). They have turned the Federal Judiciary into a safe haven for abusers(OL2:645). Seize the opportunity to hold them accountable and liable to compensation.
- You the abusees and you the witnesses to abuse, regardless of your politics, can do this first by joining forces, and then by thinking strategically and imaginatively, which calls for doing the unprecedented.
1. Building alliances with politicians and journalists
- The strategic strengthening of your forces requires that you build alliances with other people who share your interest in exposing judges’ abuse or can by so doing advance interests of their own that are harmonious with yours.
- Potential allies are politicians, whether members of either or no party. They are seeking your vote so that they must be sensitive and responsive to your concerns and demands. Moreover, they have access to the media, which are an indispensable ally to reach the national audience, in general, and opinion builders and influencers, in particular.
- Some politicians or people that they care about have been abused by judges or similar powerful entities, such as big money.
- Other politicians can be persuaded to see this as an opportunity to become the standard bearer of the parties to the cases pointed out supra ¶4, to whom must be added the scores of millions of parties and related people who deem their cases to have been wrongly or wrongfully decided. They form a huge untapped voting force: The Dissatisfied With The Judicial and Legal System.
- Neither you nor the Dissatisfied nor the rest of the public need to suffer their abuse silently in the new era of a self-assertive people with a MeToo! attitude. We all can shout together across the country the rallying cry:
Enough is enough! We won’t take abuse from judges anymore.
2. A joint campaign to contact particular politicians to persuade them to advance their and your interests by exposing judges’ abuse
23. You can take concrete action to turn politicians into your allies of interests:
a. Read this email thoroughly and share it with all your friends and family, workmates, peers, other victims of judges’ abuse, advocates of honest judiciaries, etc.; and post it to social media as widely as possible;
b. Request that the Senate Judiciary Committee at the confirmation hearings on the nominee; https://www.judiciary.senate.gov/nominations/judicial, hear not only the self-serving statements of the nominee, but also your experience or knowledge of judges’ abuse; contact:
1) Chairman Chuck Grassley, www.grassley.senate.gov/contact; tel. (202) 224-3744; Subcommittee on Judicial Nominations Majority Office, tel. (202)224-5444);
2) Ranking Member Dianne Feinstein, https://www.feinstein.senate.gov/public/index. cfm/e-mail-me, tel. (202) 224-3841; Subcommittee on Judicial Nominations Minority Office, tel. (202)224-3244).
c. Contact two prominent politicians who have already attracted national attention, i.e.,
1) U.S. House Candidate Alexandria Ocasio-Cortéz, who in the primaries defeated the no. 4 in the Democratic hierarchy and presumed next speaker; us@ocasio2018.com; tel. (845)605-2742;
2) New York Gubernatorial Candidate Cynthia Nixon, an education and social activist, who played Miranda in Sex and the City; info@cynthiafornewyork.com;
d. Request that they:
1) hold a press conference to denounce judges’ abuse of power, as proposed(OL2:718, 722);
2) at the conference, invite the public to email them a concise 350-word(jur:124fn261.b) description of only those elements in their cases that lie outside judges’ margin of discretion so that they indisputably constitute abuse of power, e.g.
a) sexual abuse and harassment(OL2:645);
b) participation in a bankruptcy fraud scheme(OL2:614);
c) concealment of assets(jur:65fn107c);
d) money laundering(OL:194§E);
e) failure to comply with mandatory financial information disclosure requirements(jur:105fn213);
f) bribes disguised as unrelated financial transactions(OL2:470§2);
g) credit card fraud(jur:15);
h) mortgage fraud(*>jur:xxxviii);
i) coordinated exploitation of case information and ex parte communications with the opposing party (*>jur:xxxv);
j) conflict of interests and failure to recuse(jur:146fn272);
k) cover up of the wrongdoing of a fellow judge(jur:65§1);
l) connivance between judges and politicians(jur:77§§5-6);
m) official bias against pro ses, who must nevertheless pay the same filing fees(OL2:455§B);
n) failure to report partially and all-expense paid seminars and travel(jur:146fn272);
o) dockets showing document entry dates that do not correspond with the dates stamped on the documents or with carrier’s delivery notification;
p) tampering with transcripts produced by court reporters;
q) the failure to read briefs, evidenced as described at OL2:729, affecting the largest number of parties, involving the deprivation of the constitutional rights of due process and equal protection of the law, and causing parties the loss of their whole investment in the case, which constitutes injury in fact (see ¶4) infra);
3) ask that the Senate Judiciary Committee hear also you and others similarly situated;
4) call on the media to do the unprecedented: in their own commercial interest and to repair their battered public image, hold nationally televised public hearings conducted by news anchors, top journalists, and professors and graduate students of journalism. This is how the media can become The People’s Spokesman; and
5) announce the unprecedented: the formation of a national movement of parties and related people who made an enormous investment to write, or have lawyers write, briefs and motions, and paid fees to file them with courts, whose judges did not even read them and dumped on clerks for them mechanically to affirm decisions on appeal and deny motions using dumping forms(OL2:608§A); the movement will demand the courts to refund the filing fees and pay damages(OL2:726).
- To request that those politicians take such action, you may forward this email to them and ask everybody else to do likewise. Then you can send it also to every other candidate in the primaries and mid-term elections. Let all of them compete for the title of National Champion of Justice and the donations and campaign help that come along with it; cf. https://www.governor.ny.gov/content/governor-contact-form.
- Victims of, and witnesses to, judges’ abuse and Advocates of Honest Judiciaries, we must not miss this unique opportunity to insert the issue of judges’ abuse of power in the media investigation of Judge Kavanaugh, the Senate confirmation hearings, and the primaries and mid-term elections. We need not suffer in silence or fight alone a losing battle against abusive judges defending as a class their unlawful position: Judges Above The Law.
Join forces and take strategic action to expose them!
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