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Archive for the Courts Category

Arctic High School Court (May 23, 2016)

Posted in Courts, Due Process, Hypocrisy, Judges, Judicial Arrogance, Judiciary, Justice, Perjury, Perjury/Dishonesty on May 23, 2016 by e-commentary.org

. . .

_ “Affirming cases that should be reversed.”

_ “Reversing cases that should be affirmed.”

_ “Construing the rules to promote the most unjust, protracted and expensive determination of a matter.”

_ “Denying requests for oral argument and thus violating the most fundamental tenet of due process.”

_ “Contending dishonestly and fraudulently that the lawyer has waived an argument when the lawyer clearly and unambiguously has not waived and would not under any circumstances waive an argument.”

_ “Spewing an order as ‘Entered at the direction of an individual justice’ without stating the name of the ‘Just-us’ so that one is unable to determine and track the whims, inclinations and peccadillos of the Justice. And usually an order that allows the Justice and the Court not to do any work and to go home early.”

_ “Dismissing the most meritorious and novel argument by demeaning and dissing it as ‘absolutely without merit’ because it would require reflection and intellect to appreciate.”

_ “Disregarding the law.”

_ “Making up the law.”

_ “Disregarding the facts.”

_ “Making up the facts.”

_ “Developing the reputations of friends and destroying the reputations of non-friends.”

_ “Embarrassing an attorney at every opportunity to perpetuate the most institutionalized system of bullying in America.”

_ “Adopting the most arrogant resolution of a matter.”

_ “Taking far too long to address a matter and then getting it wrong.”

. . .

This bill of particulars is inspired in part by the example in the Declaration of Independence that enumerates the grievances that underpinned the decision to declare independence from George The Third. Now may be the time to declare independence from a legal system that is not working.

Bumper stickers of the week:

Arctic Supreme Court > Arctic High Court > Arctic High School >>>>>>>> Arctic High School Court

Our Motto: Petty, Personal, Political

Appalling, Disgusting, Revolting

Grade (very low standards; grade inflation): D+

You can say with a high degree of confidence that the Arctic High School Court will more likely than not reach the wrong decision.

Hotel Arctic High School: You can check-out any time you like, but you can never leave! We are all swirling in the high school vortex writ large.

If the shoe fits, you’ve got to indict.

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This Land Is A) Your Land, B) My Land, Or C) Our Land? (January 11, 2016)

Posted in Collapse, Community, Courts, Hypocrisy, Judges, Judicial Arrogance, Judiciary, Justice on January 11, 2016 by e-commentary.org

. . .

K “That land is our land, it is not your land. Time to vacate.”

J “Agree. This land is not your land; this land is not my land; this land is our land. Period. Time to indict.”

K “Or is it the Paiute people’s land?”

. . .

J “Seems that Ammon Bundy is a valet fleet manager from Phoenix, Arizona who condemns the federal government and yet received a $530,000 loan guaranteed by the Small Business Administration for his business.”

K “Entitlement is the American way. His dad Cliven Bundy refused to pay the federal government for years for under-market grazing fees on public land.”

J “They say that the nut does not fall far from the sagebrush.”

. . .

J “My take is that they have not taken any hostages and are secluded from the public. Even if they were Black or Muslim, the authorities likely would wait them out. Bad things happen when decisions are made hastily.”

. . .

K “Look at the sentences handed out to Dwight and Steven Hammond. I do not trust the Ninth Circuit Court of Appeals. On any given day, the Ninth Circuit can – and does – do anything it wants to do. The Ninth Circuit will uphold the will of Congress; the Ninth Circuit will down vote the will of Congress. The Ninth Circuit could have held that the Sentencing Guidelines do not apply under the circumstances under the Constitution. The Ninth Circuit wanted to put the Hammonds in jail.”

J “There is no law. However, the Hammonds poached animals on public land and then burned the evidence. That is a violation of law that should occasion a reasonable sentence if we could transfer the matter to a country and a court system that respects the rule of law.”

. . .

[See the article by Russ Choma titled “How the Leader of the Oregon Armed Protest Benefitted From a Federal Loan Program” in “Mother Jones” magazine.]

[See the e-commentary at “Pay Your Bills, Bundy! (April 28, 2014)” and “Do Your Job Or Quit Your Job (September 14, 2015)”.]

Bumper stickers of the week:

The Calculus of Community: “Our” land =/= “Your” land.

Namaste y’all

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Litigation: “Recreational”, “Sport” And “Diversionary” . . . And The “Department Of Just-Us” (December 21, 2015)

Posted in Banks and Banking System, Courts, Department of, Federal Reserve, Russia, Sports, Wall Street on December 21, 2015 by e-commentary.org

. . .

K “The definition varies yet ‘Recreational Litigation’ is usually defined as an unfounded claim or defense advanced by someone with unlimited funds who uses bullying techniques to harass and often bankrupt a small and often defenseless person or entity for grins.”

J “Or for some ulterior purpose. I call it ‘Sport Litigation’ because it is so unsporting. The ‘Department of Just-Us’ is the richest and most powerful player in the American Legal Game.”

K “FIFA is corrupt to the core. So is Wall Street. The United States has no business investigating and prosecuting FIFA corruption. The United States does have legitimate business investigating and prosecuting Wall Street corruption.”

J “‘Sport Litigation’ is the felicitous term.”

K “I may be wrong, yet I have this nagging suspicion that the government may be trying to pressure FIFA not to allow Russia to host the 2018 FIFA World Cup.”

J “Prostituting the Beautiful Game. Ugly.”

. . .

K “The ‘Department of Just-Us’ as you call it long ago served notice that the banksters are above and beyond the law. The FIFA case may be a way for the ‘Department of Just-Us’ to serve notice that anyone who gets out of line will get it. And also to distract us from the real problems and the real danger.”

J “The ‘Department of Offense’ is engaged in endless wars and fear generation to distract us from the inevitable consequences of the actions and inactions of their friends and comrades at the ‘Department of Treasure’ and the Federal Reserve.”

K “What about describing it as ‘Diversionary Litigation’ designed to make the public believe that evil foreigners are being prosecuted while actually diverting attention from the real problems and the real danger.”

. . .

[See the e-commentary at Schooling The Apparatchiks For The Kleptocrats (December 7, 2015).]

Bumper stickers of the week:

“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.” H. L. Mencken

May the farce be with you.

Savor the solstice; Nature still sustains.

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Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)

Posted in Courts, Federal Courts, Judges, Judicial Arrogance, Judiciary, Law, Law School, Magazine Reference on August 31, 2015 by e-commentary.org

. . .

B-W L “I told my client in a personal meeting face to face in the office that we were assigned a judge who would rule against us without reading any of the pleadings. Zero percent chance of success. An appeal was too expensive. The client said to proceed making the arguments and angle for an angle, some angle, any angle. You should always send a separate letter as an attachment to an e-mail and by snail mail to the client confirming your concerns that the outcome may not be favorable as discussed. I slow rolled things playing for time with no grand plan. Out of the blue, an entity moves and is allowed to intervene; the judge steps out of the case without comment. New judge takes over case; new judge follows the law; client prevails. You need to get lucky some times.”

W-E L S “We are spending the third year trading war stories like this in the student lounge.”

B-W L “And that part of the process is not even covered by tuition. I told another client that we drew the right judge and could expect a favorable outcome. Some judge gets deployed overseas to join in killing innocent folks and a new judge is assigned. A judge who liked to use the expression ‘a no-brainer’ and met that qualification. However, the argument required a brain. He employed his patented ‘no brainer’ analysis.”

W-E L S “Dead.”

B-W L “DOA. Upon notice of the reassignment, the first reaction was utter dread. Game over. A death notice from the court. You may not realize that your state still has the death penalty in civil cases. And not a shot was fired. How do you explain it to a client who is utterly disgusted with the whole process. He kept yelling that he wanted the first judge and wanted me to get the first judge back.”

. . .

B-W L “MSU is a military expression that applies to the law. Making Stuff Up. The facts and the law. No one will ask the fundamental question whether all the money, public and private, spent to indoctrinate a young law student is worth fomenting the illusion and delusion. Is there value in the truth?”

W-E L S “Can I get a refund on my tuition?”

. . .

B-W L “Few if any of your law professors ever practiced law. You are obligated to repeat and are rewarded for propagating the myth. That is the Game.”

. . .

[B-W L: Battle-Weary Lawyer; W-E L S: Wide-Eyed Law Student]

[See the e-commentary at Playin’ The Legal Game (March 28, 2011) and Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).]

Bumper stickers of the week:

“Your honor, we will be filing a motion this afternoon to transfer this case to an entirely different judicial system.” “The New Yorker” cartoon in office.

MSU: The motto of the American judicial system

A system of men and women not a system of laws.

The first thing we do let’s banish the American-acculturated judges.

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“You Can’t Be Smarter” (August 10, 2015)

Posted in Bureaucracy, Courts, Entertainment, Journalism, Judges, Judicial Arrogance, Law, Law School, Newspapers, Personal Stories Series, Personal Story, Press/Media, Television on August 10, 2015 by e-commentary.org

. . .

P “You might as well leave law school with some useful insight. When you begin practice, ferret out the longest serving person at the firm. That person likely will be female and the secretary for a senior partner. Take her to lunch. Ask for advice. Listen carefully.”

. . .

SS “Your biggest challenge? You must accept that you can’t be smarter than the judge. That will vex a person like you. And don’t expect much civility or any humility from the bench. Good luck. You will need it.”

. . .

YL “So it is like law school but with consequence. It is like high school writ large.”

SS “And I am downstream from the bullying and arrogance of the judges and the senior partner.”

. . .

YL “Looking back, I realize that professors were and judges now are the greatest impediments to advancing sound ideas.”

SS “They don’t teach you much in law school.”

. . .

[Jon Stewart left The Daily Show recently. See the e-commentary at Brian, Jon And Journalism Today (February 16, 2015).]

Bumper sticker of the week:

Better to know the judge than the law

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Pensions, Conflicts Of Interest And The Illinois Supreme Court (June 1, 2015)

Posted in Conflicts of Interest, Courts, Judges, Judicial Arrogance, Judiciary, Law, Pensions on June 1, 2015 by e-commentary.org

. . .

7 “How the h-e-double hockey sticks can the Illinois Supreme Court rule on a matter that goes to the heart of its and its members core fundamental financial interests – their pensions.”

9 “They are judges. Period.”

7 “The court as an institution was obligated to recuse itself. Each justice should have recused himself and herself.”

9 “They are judges. Period.”

7 “No one will ever get a fair hearing on the matter before a partial court. Judges like to make a public spectacle about recusing themselves for some minor insignificant matter to give the appearance that the system is fair and impartial.”

9 “They are judges. Period.”

7 “The constitutional language cited by the court is aspirational and premised on a functioning economic and political system.”

9 “They are judges. Period.”

7 “The plausible arguments are rejected with some snitty aside that ‘the argument is absolutely without merit’ or some such intellectually dishonest drivel. And then the court sanctions the attorney.”

9 “They are judges. Period. They do what they want to do. Period. It is not that difficult. Period.”

. . .

[See the e-commentary at Pensions and Other Entitlements: Pt. 1 (April 14, 2008), Pensions and Other Entitlements: Pt. 2 (April 28, 2008) and June – Celebrate Terrorism-Free Month (June 2, 2014).]

Bumper sticker of the week:

Celebrate Terrorism-Free Month in June. Reject your fears for a few weeks and reflect on your hopes for a few minutes.

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Marital Musings (December 22, 2014)

Posted in Civil Rights/Civil Liberties, Constitution, Courts, Economics, Gold Standard, Kleptocracy, Movie Reference, Radio, Russia, Silver Standard, Society, Sports, Supreme Court on December 28, 2014 by e-commentary.org

. . .

H1 “So she said we had to set aside some time for a conversation. I knew it would get bad.”

H2 “You don’t get to say anything.”

H1 “Except when spoken to. So she said she had to confess that she was thinking about someone else while we were in medias res. And she said that she was now happy to have gotten if off her chest. I said that was fine. She could be thinking about Mr. Magoo if it will get us through the night. From my perspective, if I can handle the kitchen remodel, junior can get braces. But it ended up not being fine. I should have been upset. She was upset that I was not upset. I was beginning to get sort of upset that she was upset that I was not upset.”

H2 “Nothing about Gina Lollobrigida.”

H1 “She would have exercised the proviso ‘til death do us part’ and parted with me.”

. . .

H2 “She asked if I noticed that she had put on weight. I had not noticed, so I told her that I had not noticed. I am thinking that I get 100 points for candor and honesty and being a great guy and for being a little oblivious. Maybe an MVP award and a hall pass.”

H1 “And she was upset that you were not upset. And it was Katie bar the door with Katie showing you the door.”

H2 “I didn’t get a pass. I told her that once she made the cut and was on the team, things like that did not really matter.”

H1 “And she parsed every phrase.”

H2 “‘Made the cut’ and ‘on the team’ are two separate concepts. Saying that it is like two wrestlers who make weight and then each go off and have bacon cheeseburgers did not assuage her anxiety.”

. . .

H1 “We conversed with a counselor who opined about psychological affairs versus physical affairs and provided few insights to address our financial affairs.”

H2 “Do you think he was safe?”

H1 “She is sure that we only talk about sex.”

H2 “Safe by a mile. Replay is clear.”

. . .

[See the latest sophistry from the Supreme Court that vitiates the Fourth Amendment. http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf. An illegal stop is an illegal stop and not a legal stop.]

[See the commentary at “Henrietta And Henry O, Two Young Lovers: The Contemporary Gift Of The Magi (December 27, 2010).”]

Bumper stickers of the week:

“Honey, would you rather I were making love to him using your name, or making love to you using his name?” Annie Savoy, Bull Durham (1988)

Russian Exceptionalism > or = or < American Nationalism

The COMEX is instituting trading collars for the sale of gold and silver. And the answer to Will Shortz’ “Sunday Puzzle” seeking the correct anagram for “Comex” is . . . “Fraud.”

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Corporations Control Court: The Cancer Metastasizes (December 15, 2014)

Posted in Amazon, Conflicts of Interest, Courts, Judicial Arrogance, Judiciary, Law, Minimum Wage, Perjury, Perjury/Dishonesty, Supreme Court, Wages, Work on December 15, 2014 by e-commentary.org

. . .

L1 “Labor economists divide life into time spent pursuing ‘work’ and time spent pursuing ‘leisure’ or, if you prefer a four letter word for symmetry, then employ the word ‘play.’ An employee should be paid for the work he or she does for an employer but not for the time he or she plays for himself or herself.”

L2 “That is also the settled law in the Republic of America.”

L1 “Except at the Supreme Court which rewrites the laws to protect corporations at every opportunity and cost.”

L2 “I’m not amazed that Amazon requires a security check as part of one’s work. Fine. That time should be compensated under the law because it is work and is not play.”

L1 “The ‘Justices’ get paid for donning and doffing their robes. Most police get paid for the time they put on their uniforms and the time they take off their uniforms.”

L2 “The ‘Justices’ all agree that the underlying maxim in American law is ‘Might Is Right’ and, like politicians, are shrewd enough to support the police and others who defend them against the populace.”

L1 “The ‘Justices’ work a part-time job and get not only full-time pay but lifetime pay even when they should be discharged ‘for cause.’ The irony is delightful . . . and obscene.”

L2 “Another unprecedented problem plaguing the Court is its eagerness to reward the lawyers/lobbyists who litigate and lobby on behalf of the corporations. The Court has never at any time in the history of the country been more obedient to the corporations and less accessible to the American public.”

L1 “In another trend than has been consistent now for decades, the Ninth Circuit correctly interprets the law and then the Supreme Court improperly imposes its ideology.”

L2 “There are some nice enough folks on the Supreme Court, but law just is not their forte.”

L1 “They say that the conjunction ‘but’ is an acronym that means ‘behold utter truth’ because everything before the word ‘but’ in a sentence is a polite untruth.”

L2 “The Republic will require at least 50 years if not a century to recover from the lawlessness and criminality at work and in play at the Supreme Court today. But it may not recover.”

. . .

[See the screed at http://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf.]

[See the commentary at “Humanity’s Motto: To Enslave And To Colonize (January 27, 2014).“]

Bumper stickers of the week:

Own A Supreme Court ‘Justice’ Today (Corporations Only, Please)

America has many rules and many laws but not much rule of law.

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Police Police (November 24, 2014)

Posted in Civil Rights/Civil Liberties, Courts, Ferguson, Forfeiture, Freedom / Liberty, Judges, Judicial Arrogance, Judiciary, Perjury, Perjury/Dishonesty, Police, Race on November 24, 2014 by e-commentary.org

. . .

D “Do you trust the police?”

L “No. You?”

D “No. But you are White and in the ruling class?”

L “The petit bourgeoisie perhaps, but hardly in the ruling class. Look at you. You are White and in the ruling class.”

D “The medical guild? At least you are a sustaining member of the rule class. You make the rules, you break the rules. Imagine what would happen if I were not in the White class.”

L “No need to imagine.”

D “I try not to interface with the police, because they just get in my face. The last police officer who pulled me over when I was driving at precisely the speed limit said that if I moved in any way, he would shoot and then charge me with resisting arrest and attempting a battery on a police officer. Then he laughed and said to produce a driver’s license and proof of insurance without taking my hands off the steering wheel. When a White person who abides the law cannot even abide the law, the system is profoundly broken.”

L “The first fifteen seconds are critical. I got a trooper talking about his success on opening day and was let off with a warning. Saved by gadwalls and pintails. And I had been burning the carbon off the rings before he arrested my momentum and let me off with a warning.”

D “So I need to shoot a gun not to get shot.”

L “I have seen the police serve as a private army for private parties against those who are not connected. And the judges who are petitioned to remedy the situation do not care at all as long as they get paid their regular pay check and handsome pension. That’s the solution. Before you get pulled over, you need to be a judge first. The cops apologize and wish the judge a good day. Drink with candid judges to get the full story.”

D “I’ll pass. Or stay in my lane and stay below the speed limit. The last time a neighbor called the cops, the cops would not respond until halftime. And the home team was not even in scoring position in the second quarter.”

L “I had someone try to invade the house and the cops discounted it as petty vandalism without a second thought. Petty vandalism is not investigated. Judges have said privately that cops lie all the time under oath on the stand. When I asked a judge why he always accepts their testimony, he stated without hesitation that he is paid to believe the cops.”

D “A judge on the ethical take who takes the cop’s word. At least they did not discount the possible home invasion as mere hooliganism. You can understand those who observe: ‘When seconds counts, the police are minutes away.’ The cops are a quarter or an inning or a period away. We are on our own.”

. . .

L “Congress should pass omnibus legislation that repudiates and repeals and pre-empts each and every forfeiture statute of any kind by any government at any time under any circumstances. When police shake down a citizen today, they can later allege that they were engaged in a civil forfeiture in the field.”

D “Get a car or a boat or a plane that the cops don’t want to steal from you. They always want money.”

. . .

D “I am not even a lawyer, but I could see that the prosecutor Bob McCulloch sent clear signals to the grand jury. The grand jury had heard dozens of cases in previous weeks that included a suggestion by the prosecutor to return a bill. Except in that one case. The grand jury obeyed. The process failed. Now and forever, there is no way for the process to unfail. Law is too important and complex to leave to the lawyers and judges.”

L “Rest assured, prosecutors lie all the time.”

D “Lawyers and judges rationalize their many mistakes by saying that time has passed and the matter is over. My colleagues bury our mistakes when we bury the body. Yet, your violations to the body politic live on forever. One of the lingering problems is that there are many bad if not evil characters out there who are far more of a threat than the police, yet the police are the only ones who threaten me.”

L “The country needs to debate a national truce or there will be continued strife.”

. . .

Bumper stickers of the week:

When seconds counts, the police are hours away harassing an innocent citizen or watching the next play.

“A doctor can bury his mistakes, but an architect can only advise his clients to plant vines.” Frank Lloyd Wright

De-militarize the police; police the military

Nobody Cares

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A Deft Move (October 6, 2014)

Posted in Courts, First Monday In October, Gay Politics, Supreme Court on October 6, 2014 by e-commentary.org

. . .

L1 “They have one of the few jobs that allow one to decide what to do and what not to do. What to decide and what not to decide. When to decide and when not to decide. Why to decide and why not to decide. The big challenge is to decide who gets to decide.”

L2 “Ecclesiastes in practice. And it is a part-time job with full-time pay for life. Sign me up.”

. . .

L1 “By doing nothing, they did not do nothing, they did do something, although they did not do everything.”

L2 “That’s the thing I like about them. Sign me up.”

L1 “Not a bad compromise. The four regressive and reactionary corporatists on the right and the four progressive civil libertarians on the left were all jockeying for Kennedy’s nod. Kennedy supports the freedom to marry, yet there is that concern that he views the marriage thing as a state matter. So they agreed to dismiss all the petitions for cert. and allow the decisions below to stand and move forward.”

L2 “The issue can continue to percolate in the courts below and in the courts of public opinion around them. Sign me up.”

L1 “As I see it, the four male Republican Catholic Justices on the right squared off against the four ‘female’ Democratic ‘Jewish’ Justices on the left and all lobbied for the vote of the male Republican Catholic Justice.”

L2 “Hard not to entertain a lingering concern that it is another ‘Justice delayed is justice denied’ scenario. Justice is being delayed and denied for some to allow the bigger controversy to stew.”

L1 “A good compromise, really. They are all astute enough to realize that hundreds of thousands of citizens will be getting married in the interim providing more momentum for the freedom to marry. If one of the remaining three-judge federal Circuit Court panels elects to deny persons the right to marry, the plaintiffs will move for and receive en banc review by the entire Circuit Court that will almost surely side with those upholding equal protection and due process. Thus, a disagreement between or within the Circuit Courts that typically leads to Supreme Court review will never manifest itself.”

. . .

L1 “Marriage will be a fundamental right shortly. It is a matter of time.”

L2 “At times, we tell time. At other times, time tells time. Always good when time is on your side.”

L1 “Time marches on. Life goes on.”

. . .

[See the commentary at “The Sea Change Is Now A Tsunami (March 11, 2013)” and “The Tsunami Hits Shore (March 24, 2014)” and other commentary at https://e-commentary.org/category/gay-politics/.%5D

Bumper sticker of the week:

Sign outside the Supreme Court last year during oral argument: “Supremes: You can hurry love.”

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