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
NOTES: a. To subscribe to articles similar to the one hereunder:
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b. The text below had a consistent format when posted. If it shows irregularities when displayed here, they crept in and are beyond my control. Kindly overlook them. A pdf version of the text -as such likely to be free of irregularities- is downloadable through the link below.
Professor Jeannie Suk Gersen Harvard Law School jsg@law.harvard.edu | Professor Susan Rose-Ackerman Yale Law School ackerman@yale.edu |
Dear Professor Gersen, Professor Rose-Ackerman, peers, and students,‡
‡ http://Judicial-Discipline-Reform.org/OL2/DrRCordero-ProfSRoseAckerman_ProfJSGersen.pdf
- I read with interest, Prof. Rose-Ackerman, your paper “Judicial Independence and Corruption”.
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Thanks to your arguing, Prof. Gersen, of Strickland v. U.S., the Court of Appeals for the Fourth Circuit held on April 26 that the Federal Judiciary and its officers, including judges, can on constitutional grounds be sued and held liable in their official and individual capacities.
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This is a proposal to follow a series of strategic steps to expose judicial independence as unaccountability that allows judges’ riskless corruption and abuse of power for their gain and convenience. Those steps should lead to a class action to compensate their victims. Yale and Harvard law students can take the lead in that exposure as they did in the opposition to the nomination of J. Brett Kavanaugh to the Supreme Court. The action can be a teaching event, as shown infra.
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The first step is for you and your students to invite me to present the proposal by video conference or in person to you, them, and your peers. You can preview it my article at♦ and on my website Judicial Discipline Reform at http://www.Judicial-Discipline-Reform.org. That site has attracted countless webvisitors and turned into subscribers 44,711 of them as of September 4, 2022..
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They have been induced to subscribe by my professional law research and writing, and strategic thinking. You all can assess the validity of that statement by reviewing the foundation of my articles posted there, namely, my three-volume study of judges and their judiciaries♣:
Exposing Judges’ Unaccountability and
Consequent Riskless Abuse of Power:
Pioneering the news and publishing field of
judicial unaccountability reporting* † ♣
- That study collects and discusses abundant evidence(OL:194§E) showing that judges individually and as a class through coordination engage in corruption and abuse of power.
a. The most recent and indisputable evidence thereof is found in the series of articles that The Wall Street Journal (WSJ) began to publish on September 28, 2021, under the initial title “131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest”. At last count, 58 of those judges had instructed their clerks of court to notify the parties to those cases that those judges should have recused themselves then, have done so now, and new judges will be assigned to their cases.
- The Federal Judiciary has not taken any disciplinary action against any of those judges. Judges protect each other through their explicit or implicit reciprocal cover-up agreement: ‘Today you protect me and tomorrow I’ll protect you, for if you let them take me down, I’ll bring you with me!’
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This explains why no action is going to be taken by AG Merrick Garland given that he was a member, and for 7 years the chief judge, of the Court of Appeals for the District of Columbia Circuit.
a. Any investigation of judges authorized by him even if he subsequently recused himself would incriminate him as their accessory: He kept quite after learning of their act of corruption and abuse, whereby his expected silence enabled them before their next act; let alone if he were a principal. So, it falls on law professors and students, and lawyers to muster the courage and take the initiative to expose judges’ misconduct and the cover-up agreement that perpetuates it.
9. The second step envisages your and your students’ sharing this proposal with the officers of the student class and associations that will vie for new members during the fair of associations to be held at the beginning of next academic year. Thus, time is of the essence. It is also so because the public is getting ready to vote in the midterm elections. It can hold accountable the politicians who nominated and confirmed judicial candidates and since then protect them as ‘our men and women on the bench’, their harm to others notwithstanding. Hence the importance of turning into a key electoral issue judges’ corruption and abuse of power and politicians’ condonation of them.
- The third step aims to do that by professors and students holding press conferences where they ask the media to join them in demanding that President Biden release the secret reports that the FBI has submitted to presidents after vetting judicial candidates by exercising, when needed, its subpoena power. That demand will be justified by the need to answer this question: What did the President and his predecessors know about their corruption and abuse and when did they know it? Will they claim that the reports were ‘accidentally erased during a system upgrade’, as the Secret Service and Homeland Security have concerning emails related to the January 6 Capitol assault?
The fourth step is the class action on behalf of judges’ victims. It will be supported by a public informed and outraged by journalists pursuing a scoop. It finds a strong precedent in the suit brought by 90 gymnasts against the FBI and agents for over $1 billion last June 8, for its failure to act on the complaints against sexual predator Dr. Larry Nassar brought to FBI agents and the FBI’s cover-up of their dereliction of duty. In the same vein of suing even top government officers, seven Capitol Police officers have sued former President Trump and the organizers of the rally at the Ellipse where he held the inflaming speech that preceded the January 6 assault on the Capitol.
The above are manifestations of the strongest support for the class action, to wit, the national mood of intolerance of any form of abuse.
a. Indeed, the public has grown increasingly determined to hold public figures and officers accountable and liable to compensate their victims since the eruption of the MeToo! and BLM movements; the protests against police brutality, socio-economic inequalities, and the Supreme Court’s reversal of Roe v. Wade; the public hearings of the House January 6 Committee and the lip service assurance by AG Garland that “nobody is above the law” so that the Department of Justice will prosecute all Capitol assault organizers and participants.
- The class action will generate a flood of motions to vacate, remand, and for new trials; for the reimbursement by recused judges of the cost of judicial process that they rendered useless and of disentangling contracts based on their now void or voidable decisions; and for actions against state judges and judiciaries. They will create a much-needed niche practice for you and your students.
Judges’ and their judiciaries’ conduct forms a pattern of racketeering that warrants bringing a count against them under federal and/or state civil RICO (18 U.S.C. §1961). They provide that the injured party “shall recover threefold the damages he sustains and at the attorney’s fee” (§1964(c)).
The fifth step is for professors and students to develop their niche practice through public interest clinics centered on consulting and bringing those motions and actions on behalf of judges’ victims. Those clinics can return a profit for law schools at a time of dwindling enrollment and revenue.
Instead of teaching lofty principles of law only in theory applied by judges, law schools can give practical effect in their own and the public interest to their knowledge that judges have institutionalized their corruption and abuse of power as their modus operandi. Judges do so risklessly for their gain and convenience because they are held by themselves and politicians unaccountable.
You, your peers, and students‡ can take the proposed steps to lead the transformative change of law schools into a pole of power that uses its independence and knowledge of legal grounds to hold judges and their judiciaries accountable and liable. Let your actions speak with facts a tenet of our justice system: Nobody is Above the Law. Dare trigger history!…and you may enter it.
Every meaningful cause needs resources for its advancement;
none can be continued, let alone advanced, without money
- Lip service advances nothing; but it continues to enable the abusers.
Put your money where your
outrage at abuse and
quest for justice are.
- Support the professional law research and writing, and strategic thinking at:
Judicial Discipline Reform
http://www.Judicial-Discipline-Reform.org
- DONATE by making a deposit or an online transfer through either the Bill Pay feature of your online account or Zelle
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Dare trigger history!…and you may enter it.
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd.
Bronx, NY 10472-6506
tel. +1(718)827-9521
Dr.Richard.Cordero_Esq@verizon.net , DrRCordero@Judicial-Discipline-Reform.org , CorderoRic@yahoo.com