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Archive for the Judges Category

The Ninth Circuit: Two-Tiered “Just-Us” Review (February 13, 2017)

Posted in Judges, Judicial Arrogance, Judiciary, Justice, Law, Perjury, Perjury/Dishonesty, Truth on February 13, 2017 by e-commentary.org

. . .

K “There are two standards of review in the Ninth Circuit Court of Appeals. If the plaintiff is a favored or famous individual or the matter is a cause célèbre, the Niners read the briefs and write a coherent decision. If the plaintiff is not among the elite and is some ordinary stiff, the Niners do not read the briefs and instead distort both the law and the facts to make the plaintiff and the plaintiff’s lawyer look like fools.”

J “That is, perforce, perjury, but that is never a concern or an impediment. They swore to uphold the law. They are not upholding the law. When they issue a decision, they are not required to attach an affidavit stating that the decision is an honest description of the law and the facts. They already swore to provide an honest description of the law and the facts.”

K “Perjury is the American Way.”

. . .

K “If a case or issue is hip, cool, trendy, sexy and/or well-publicized, the Niners give it the time of day. The recent case involving the trendy issue du jour provided an opportunity for an ideological pronouncement. The Niners are more predictable than the sunrise.”

. . .

K “Cockroaches work diligently in the dark and scurry away when the lights are turned on. Judges work diligently when the television lights are turned on and scurry away when the lights are turned off.”

J “Perhaps the Niners should candidly and honestly state that they will not read a brief filed by a little person unless accompanied by a filing fee four (4) times the filing fee charged to large players and institutions.”

K “Ten (10) times the filing fee may not be enough. How much is enough.”

. . .

K “Too bad we cannot depose God to determine the Truth. Based on decades of study and careful observation, I calculate that aggregating the acts of perjury perpetrated by each judge and applying the low end of the Sentencing Guidelines would consign most judges to prison for life.”

J “Now there is one for you. There are more felons or technically unindicted felons on the bench at large than among the public. I missed that discussion in my high school civics class.”

. . .

J “Some ideas are too Truthful to entertain for even a few seconds.”

K “When you think on it, perjury is the back bone of the American Judicial System.”

. . .

[See the e-commentary “On Standards & Quality (July 20, 2015)”, “The Court Of Truth And Justice (CTJ) (August 29, 2016)”, “Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012)” and “Perjury, the American Way (February 20, 2006).”

Bumper stickers of the week:

“There is always some kid who may be seeing me for the first or last time, I owe him my best.” Joe DiMaggio

Courts have failed. Courts exist to make life easy and lucrative for judges and to make money for obliging and cooperative lawyers.

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First Annual Noble Prize In Jurisprudence (October 17, 2016)

Posted in Civil Rights/Civil Liberties, Courts, Credit Unions, Judges, Noble Prize in Jurisprudence on October 17, 2016 by e-commentary.org

. . .

K “A prize dedicated to acknowledging and celebrating the work of someone who really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihoods of ordinary citizens. Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J “Novel. Appropriate. Necessary. And unprecedented.”

K “The recipient of the first annual Noble Prize In Jurisprudence is . . . all of the unnamed and uncelebrated lawyers and support staff who protect and advance civil rights and civil liberties in a legal system that is usually indifferent if not hostile to such fundamental concerns.”

. . .

J “Politics does come full circle. Libertarian Republicans and Democratic civil libertarians can find some common ground. The high ground.”

. . .

[See the e-commentary announcing the Noble Prize in Jurisprudence at “Award Deadlines (Livelines?) (July 25, 2016)” and “Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)” and the earlier e-commentary cited in that e-commentary.]

Bumper stickers of the week:

You can’t have my rights; I’m still using them

October 20 – International Credit Union Day

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The Court Of Truth And Justice (CTJ) (August 29, 2016)

Posted in Courts, Judges, Judicial Arrogance, Judiciary, Justice, Monopoly, Rackets, Rule of Law on August 29, 2016 by e-commentary.org

. . .

K “Courts have failed. Courts exist to make life easy and lucrative for judges and to make money for obliging and cooperative lawyers.”

J “Just another racket.”

K “The lawyer’s unwitting role is to lead the public to believe that we live under a system of laws with neutral judges who listen to all arguments and discern the law and facts objectively.”

J “A lawyer goes on the bench so that he or she can go home early with full and guaranteed pay.”

. . .

K “We need to create courts that find some truth and do some justice. Hundreds of years ago in England, the courts of ‘law’ dispensed very little truth or justice and applied a ruthless version of the law. The market responded and a new court system and court house was established across the street – the court of ‘equity’. If you fell behind on your house payment, the ‘law’ court would toss you out in the street. However, go across the street and the ‘equity’ court would give you credit for what you invested in the house and even prevent the law court from tossing you out in the street.”

J “Isn’t that why they call what you invest in the home – dollars and sweat – the ‘equity’ in your house. The thing called ‘equity’ in your home was created to address that personal investment in and commitment to the home.”

K “Exactly. There are still equitable causes of action and equitable remedies. Dozens of years ago, all the big legal players decided to merge the ‘law’ court and the ‘equity’ court into one court. That created a monopoly. And the courts quickly began to act like monopolists. They could and do whatever they want to do which is typically to dismiss a case and go home.”

J “With full and guaranteed pay. Sounds like the merger of the National Football League and the American Football League into the National Football League in 1970. Monopoly is bad.”

K “Monopoly is very bad. We need to return to our roots and create a new court of ‘equity’ that could be called . . . the ‘Court of Truth and Justice’ to address the genuine legal needs of the populace.”

J “What you are talking about is what I call restoring the rule of law in America.”

. . .

K “We need a test case.”

. . .

[See the e-commentary at “Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).”]

Bumper sticker of the week:

Why not try the rule of law for a week or two?

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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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natural born Citizen; Natural Born Killers (March 7, 2016)

Posted in Constitution, Democrats, Elections, Judges, Judicial Arrogance, Judiciary, Originalism, Presidency, Republicans, Supreme Court on March 7, 2016 by e-commentary.org

. . .

K “An individual who is not a ‘natural born Citizen’ such as John McCain and Ted Cruz is not eligible to be President or Vice President of the United States. The ‘Originalist’ interpretation of the phrase ‘natural born Citizen’ in the U.S. Constitution is clear and unassailable.”

J “To honor Scalia’s passing and continue its practice of intervening in elections, the Supreme Court should invoke its inherent jurisdiction and enter an injunction enjoining Ted Cruz from running. For the good of the cause. And the Constitution.”

K “Indeed. Certainement. Post haste. He professes to be an honorable man. And also one of the original ‘Originalists’. He would surely concur.”

. . .

J “Many clear thinking individuals now maintain that those born in the United States and those born elsewhere who meet legal requirements meet the contemporary understanding of citizenship at birth.”

K “That is the perspective of the see-me, feel-me, touch-me; I’m-okay, you’re-okay; peace, love and Woodstock; tune-in, turn-on, tune-out; get-down, get-funky; if-it-feels-good, do-it school of jurisprudence.”

J “Yup.”

K “Kinda makes sense.”

J “Does.”

. . .

K “The boys debating with the one who is not a ‘natural born Citizen’ are behaving like ‘Natural Born Killers’.”

J “So in the one who is not a ‘natural born Citizen’.”

. . .

[See the discussion at http://www.vox.com/2016/2/18/11058038/ted-cruz-court and https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html?tid=pm_opinions_pop_b.]

[See the discussion at http://www.newyorker.com/magazine/2016/02/29/antonin-scalia-looking-backward.]

Bumper stickers of the week:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Fukushima Daiichi

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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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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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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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