Exposing a pattern of judges’ abuse of power: Sen. E. Warren’s daring denunciation of judges’ abusive self-enrichment in reliance on their unaccountability; the House hearings on protecting Federal Judiciary employees from judges’ abuse; and politicians’ conniving pretense of holding accountable those whom they put and protect on the bench A call for universities and the media to hold unprecedented citizen hearings

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

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_citizen_hearings_exposing_judges_abuse.pdf

This article deals with exposing:

a. ways in which judges abuse their enormous power, including their abusive self-enrichment, the harm to the parties before them and the rest of the public notwithstanding;

b. sham hearings that politicians and judges have conducted under the pretense of holding judges accountable for their abuse, including sexual abuse, of their court/law clerks; and

c. the call for unprecedented citizens hearings to be held by universities and the media to give an opportunity to citizens to testify to judges’ abuse that they have suffered or witnessed.

A. Sen. Warren’s daring denunciation of judges’ self-enrichment

  1. Sen. Elizabeth Warren has dare denounce federal judges for self-enrichment by failing to recuse themselves from cases where they hold shares in one of the parties before them and resolving that conflict of interests in their favor so as to protect or increase the value of their shares. She has identified their unaccountability as the reason why they abuse their power in order to self-enrich: The unaccountable run no risk. She has “a plan for that too”: She would cause the adoption of legislation to hold judges accountable for their self-enrichment through abuse of power.(†>OL2:998)
  2. Judges’ involvement in such self-enrichment involves necessarily their commission of crimes, e.g., concealment of assets, tax evasion, money laundering, fraud, and breach of trust.
  3. This is demonstrated in the professional study* † of judges and their judiciaries, titled and downloadable thus:

Exposing Judges’ Unaccountability and
Consequent Riskless Abuse of Power:
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 prefix OL:page393

† Volume 2: http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates2.pdf >from page OL2:394

  1. Download the volume files using MS Edge, Firefox, or Chrome; it may happen that Internet Explorer only downloads a blank page.
  2. Open the downloaded files using Adobe Acrobat Reader, which is available for free at https://acrobat.adobe.com/us/en/acrobat/pdf-reader.html.
  3. In each downloaded file, go to the Menu bar >View >Navigation Panels >Bookmarks panel and use its bookmarks, which make navigating to the contents’ numerous(* †>blue references) very easy.
  4. The House hearings on sexual harassment by federal judges
  5. The House of Representatives Courts Subcommittee held a hearing on “Protecting Federal Judiciary Employees from Sexual Harassment, Discrimination, and Other Workplace Misconduct” on February 13, 2020. The articles thereon by National Law Journal reporter Jacqueline Thomsen, jathomsen@alm.com, are quite revealing and disturbing. She wrote:

Rep. Hank Johnson, the chairman of the courts subcommittee, said in a statement after the hearing that the testimony of Olivia Warren [who clerked in 2017-2018 for, and was sexually harassed by, the late U.S. Judge Stephen Reinhardt of the 9th Circuit Court of Appeals] reminded lawmakers “of what we have long known is a problem—that systemic harassment, discrimination, and abuses of power are entrenched in our federal court system”.

  1. Judges harass court and law clerks, who work at judges’ pleasure and can be fired without recourse at anytime(*>jur:30§1) or depend on judges’ recommendation to obtain their first job after law school and their clerkship and are muzzled by an abusive ‘confidentiality agreement’(†>OL2:745).
  2. The self-enrichment denounced by Sen. Warren and ‘the entrenched abuse of power’ acknowledged by Rep. Johnson describe a pattern of racketeering criminalized under 18 U.S.C. §1961(5). Other forms of judges’ abuse establish the Federal Judiciary as a racketeering enterprise, shown next.
  3. Federal judges’ pattern of racketeering through other extensive and grave abuse of power
  4. Judges rely on their unaccountability to engage also in other forms of abuse of power, such as:
  5. judges’ mandatory annual financial disclosure reports(*>jur:102§a), which are public documents so that they are filed with false and misleading information to conceal judges’ assets(jur:105fn213);
  6. judges’ bankruptcy fraud scheme(†>OL2:614) involving $100s of billions(jur:27§2). Its initial exposure –e.g., in an article or news segment appearing nationally– can generate among media outlets competitive, commercial, and reputational pressures to jump on ‘the investigative bandwagon’, thus leading to a Ukrainian scandal-like generalized media investigation(OL2:1048§B) aimed to Follow the money!(*>OL:1, 194§E); increase one’s audience and revenue –scandal sells–; and win Pulitzer prizes;
  7. judges’ failure to read the vast majority of briefs, as demonstrated by ‘the math of abuse’(OL2:608§A) and the analysis of official statistics(†>OL2:457§D). Judges dump out of their caseloads the corresponding cases and motions by having their clerks fill out dumping forms: unresearched, arbitrary, fiat-like orders without any discussion of the facts and the law, let alone any reasoning, and with only one blank for one operative word: “affirmed” or “denied”(OL2:1024¶16).

1) Dumping forms are meaningless even to the parties, never mind anybody else doing research for precedential guidance. They show judges’ contempt for the rule of law and its foundational principle: “Justice should not only be done, but should manifestly and undoubtedly be seen to be done”(*>jur:44¶83). Justice can only be seen in the doing of the chain:

  1. a) statement of fact
  2. b) >legal question in controversy
  3. c) >applicable law
  4. d) >reasoned application of law to facts
  5. e) >legal conclusion
  6. f) >decision of what party gets what in controversy.

A dumping form only makes the parties and everybody else hear abusive judges shout an arbitrary “because we say so!”

2) Through the use of dumping forms, judges render wasteful the $1Ks and even $10Ks that each party must invest in producing the brief required in support of its case or any motion. By informing the parties and the rest of the public about this abuse, they can be so outraged that those who had or have a case before the same judge or must file their case in the same court join forces to demand:

  1. a) the refund of court filing fees;
  2. b) compensation for the waste of unread briefs;
  3. c) punitive damages for the fraud of judges pretending that they decided “Upon the papers submitted and the applicable law…”, and
  4. d) guarantees that their briefs will be read and their cases and motions disposed of in reasoned decisions that allow them and everybody else ‘to see that justice was done’.

The prospect of being compensated for the abuse suffered or avoiding suffering it is reasonably calculated to be the most potent motivator for an informed and outraged public to join forces to hold judges accountable and liable for their abuse.

  1. judges’ abuse of pro ses, whose cases they disparagingly weight from the moment they are filed as only one third of a case(†>OL2:455§B), as shown in the official report and statistics of the courts(†>OL2:457§D), published and submitted to Congress every year(*>jur:43§1). This means that judges:

1) are authorized to spend on the case of a pro se only one third of the effort and time, and court resources that they spend on a case of a party represented by an attorney;

2) are expected not to ‘waste’ more than a third;

3) nevertheless require pro ses to pay the same fees and produce the same briefs as they require of represented parties;

4) thereby deny pro ses the equal protection of the law.

  1. judges’ abuse of their self-disciplining authority granted them by Congress. They dismiss 100% of complaints against them, which must be filed with them(*>jur:21§a), and deny 100% of petitions to review those dismissals(*>jur:10-14 †>OL2:548, 748, 918). Thereby judges abusively self-ensure their unaccountability and breach the trust placed on them by ‘We the People’s representatives in Congress assembled’.
  2. judges’ pervasive secrecy through their holding of all their administrative, policy-making, adjudicative, and disciplinary meetings behind closed doors and their refusal to hold press conferences, never mind take journalists’ questions(*>jur:27§e). Their secrecy enables their coordination of abuse. It betrays Justice Brandeis’s dictum “Sunlight is the best disinfectant”(jur:158¶350b)…because being seeing transparently out in the open combats the mold of corruption that secrecy breeds; and
  3. judges’ interception of the mail and emails of the public in order to detect and suppress those of their critics(†>OL2:781, 929). The exposure of this form of abuse can provoke the most intense(OL2:996§2) scandal as it affects the largest segment of the public and We the People’s most cherished rights, to wit, those that We guaranteed for ourselves under our Constitution’s 1st Amendment: “freedom of speech, of the press, the right of the people peaceably to assemble [on the Internet too], and to petition the Government [of which judges constitute the Third Branch] for a redress of grievances”(*>jur:22fn12b).
  4. Politicians-judges connivance v. an informed and outraged We the voting People
  5. As admitted by Rep. Johnson(supra ¶1), ‘we, the politicians, have long known…that judges are entrenched and abuse their power’. Politicians cannot be reasonably expected to turn in a meaningful way against their partners in abuse of power(jur:77§§5-6). Their connivance is shown by the conduct of the Chief Justice at the impeachment trial(OL2:1049¶8).
  6. Allowing an abusive judge to resign and keep his pension without having to compensate his victims, let alone being tried on criminal charges, is not meaningful accountability. It is only an instance of their reciprocal exoneration from complaints and granting of pardons in effect; and their unequal protection from the law(jur:88§§a-c) by their political appointers: They are Judges Above the Law.
  7. This is shown by former 9th Circuit Chief Judge Alex Kozinski, who simply resigned after decades of harassing others(†>OL2:645¶1); and the unrealistic means proposed by Sen. Warren for holding judges accountable: the very same politicians and judges who have always held them unaccountable!(OL2:998)
  8. Politicians recommended, endorsed, nominated, and confirmed judicial candidates to justiceships and judgeships and protect them as ‘our men and women on the bench’ by holding them unaccountable, with disregard for the harm to We the People that they leave unprotected. Judges in their courts, where they reciprocally exonerate from complaints, risklessly abuse their power for their gain and convenience. Neither on their own initiative are going to bring about effective judicial reform.
  9. Only the People can assert their status as the sovereign source of all political power and masters of all public servants, including judicial public servants, to hold judges accountable for their performance and liable to compensate the victims of their abuse. bring it about. That is the objective of the out-of-court inform and outrage strategy(†>OL2:1037). They are in the strongest position to do so during a presidential campaign, when politicians must appear to be sensitive and

That requires that the People be informed about, and so outraged at, judges abuse as to be stirred up to force politicians to adopt reforms that enable the People,

  1. During a presidential campaign, the People are in the strongest position to wield their voting power The People can also hold accountable the politicians The People can be informed(†>OL2:1016§1) about judges’ abuse of power, including by the Supreme Court justices, who have committed it(*>jur:65§§1-4) and who as circuit justices(jur:26fn23a) have covered for their former peers and other judges. Outraged, the People can hold justices and judges accountable and liable(OL2:1048¶4) for harming others and running the Judiciary as a racketeering enterprise(OL2:1014).
  2. There is precedent for a justice being forced to resign without even being impeached: Justice Abe Fortas withdrew his name from the nomination to the chief justiceship but still resigned on May 14, 1969, due to the public outrage that his “appearance of impropriety” had provoked(*>jur:92§d).
  3. Your call for unprecedented citizen hearings; a conference; and the insertion of the issue in media reporting and politics
  4. Journalists, professors, and students together with all Advocates of Honest Judiciaries, including parties to lawsuits as well as judges and court/law clerks acting either openly or as confidential informants or whistleblowers can set in motion the process of exposing judges’ abuse. You all can call for unprecedented citizen hearings.
  5. The citizen hearings can be held at universities and media outlets; conducted by professors, journalists, and other experts; and nationally broadcast life through interactive multimedia so that people wherever they are can testify to abuse committed by judges that they have suffered or witnessed.
  6. The hearings can so inform and outrage the People as to stir it up to demand from now until Election Day and thereafter that politicians take a stand on this issue.
  7. Hearing findings can be presented at the first-ever and national conference on judicial abuse of power exposure and compensation of abusees, held at a top university.
  8. The citizen hearings, the conference, and insertion of the issue in our national politics and discourse will pave the way for the eventual meaningful reform by those who in their own interest of giving themselves ‘government by the rule of law’(*>OL:5fn6) gave power to judges to apply the law and can take it from them when the judges ‘embezzle’ that power for their own gain and convenience: We the People(†>OL2:1032).
  9. If you Dare!(†>OL2:1003) launch this process(OL2:1047§A) and thus cause one or more justices, even the whole Supreme Court, to resign(OL2:1050§D), you can end up writing a bestseller or being played in a blockbuster movie(OL2:879). The money and prestige of arguing at the Court is less meritorious than becoming the historic agents of transformative change(OL2:1037§1) in the Master-Public Affairs and servants relations and the application of the rule of law.
  10. Offer of a presentation via video conference to you and your group
  11. So, I respectfully request that you invite me to make a presentation to you and your peers, students, and other guests, including NLJ reporter Jacqueline Thomsen(supra ¶4), on:
  12. unaccountable judges’ pattern of racketeering and abuse of power in connivance with politicians; and
  13. the citizen hearings through which the issue of judicial abuse can be inserted into the campaign and the national discourse.
  14. To decide whether to hold such presentation you may watch my video together with its slides(†>OL2:958) and share this email‡:

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_video.mp4

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_slides.pdf

‡ http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_citizen_hearings.pdf

 

  1. Thereafter you can use the contact information below to discuss with me the terms and conditions of the presentation and its scheduling.
  2. Every meaningful cause needs resources for its advancement; none can be continued, let alone advanced, without money
  3. If you are interested in bringing accountability and liability into judicial Public Affairs, you may want to support Judicial Discipline Reform, which:
  4. produced the study* † of judges and their judiciaries(supra ¶3);
  5. conducts professional law research and writing, and strategic thinking(†>OL2:445§B, 475§D); and
  6. runs the website at http://www.Judicial-Discipline-Reform.org, which has been found so informative by its numberless visitors as to cause 30,324 to become subscribers as of February 21, 2020(†>OL2:Appendix 3).
  7. Judicial Discipline Reform has a business plan(OL2:1024§C, 914) containing a program of activities(†>OL2:987, 1025¶) intended to form a national civic single issue movement for judicial abuse exposure, compensation of victims, and meaningful reform(†>OL2:1032).
  8. To begin with, the plan envisages the enhancement of the website from an informational outlet into:
  9. a clearinghouse for complaints(†>OL2:918) about judges that anybody can upload;
  10. a research center for auditing(*>OL:274-280, 304-307) many complaints in search of(*>jur:131§b; OL:255) the most persuasive type of evidence, i.e., patterns(†>OL2:792§A), trends(OL2:455§§B, D), and schemes(OL2:614, 929) of abuse of power.

Put your money
where your outrage at abuse and
passion for justice are.

DONATE
through

PayPal
https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=HBFP5252TB5YJ

at the GoFundMe campaign at
https://www.gofundme.com/expose-unaccountable-judges-abuse

Dare trigger history!(†>OL2:1003)‡…and you may enter it.
‡ http://Judicial-Discipline-Reform.org/OL2/DrRCordero-media_DARE.pdf

 

I look forward to hearing from you.

Sincerely,

Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd.
Bronx, NY 10472-6505
http://www.Judicial-Discipline-Reform.org
tel. (718)827-9521

https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b

Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com

NOTE: Given the interference with Dr. Cordero’s email and e-cloud storage accounts described at *>ggl:1 et seq., when emailing him, copy the above bloc of his email addresses and paste it in the To: line of your email so as to enhance the chances of your email reaching him at least at one of those addresses.

* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf

**********************************

 

Published by

Dr. Richard Cordero, Esq.

Dr. Richard Cordero, Esq., is a doctor of law and researcher-writer attorney. He is a member of the New York State Bar and lives in New York City. He earned his doctorate of law from the University of Cambridge in England, where his thesis dealt with the integration of the banking industry in the European Union. He earned a French law degree from La Sorbonne in Paris, where he concentrated on currency stability and the abuse of dominant positions by entities in commerce, similar to American antitrust law. He also earned a Master of Business Administration from the University of Michigan, where he concentrated on the use of computers and their networks to maximize workflow efficiency and productivity. Dr. Cordero worked as a researcher-writer at the preeminent publisher of analytical legal commentaries, Lawyers Cooperative Publishing, a member of West/Thomson Reuters. There he wrote commentaries on the regulation of financial activities under federal law. Currently at Judicial Discipline Reform, he is promoting the creation of a multidisciplinary academic and business team to advocate judges’ accountability and discipline reform. The need for such reform is based on his analysis of official statistics, reports, and statements of the Federal Judiciary and its judges, who are the models for their state counterparts. That analysis is set forth in his study of the Federal Judiciary and its judges, the models for their state counterparts: Exposing Judges’ Unaccountability and Consequent Riskless Wrongdoing: Pioneering the news and publishing field of judicial unaccountability reporting; http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf Dr. Cordero offers to make a presentation at a video conference or in person to you and your colleagues of the evidence of judicial wrongdoing so that you may learn how to join the effort to expose it and bring about judicial reform. Contact him at Dr.Richard.Cordero_Esq@verizon.net. Dare trigger history!(* >jur:7§5)…and you may enter it. * http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf

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