Archive for the Judiciary Category

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.

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.

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.

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

The Federal Government, In Practice (September 15, 2014)

Posted in Banks and Banking System, CIA, Civil Rights/Civil Liberties, Congress, Courts, Federal Reserve, Judges, Judicial Arrogance, Judiciary, National Defense Authorization Act / FY 2012, Presidency, USA PATRIOT Act on September 15, 2014 by e-commentary.org

. . .

S          “So the Founding Fathers are blamed for and credited with many things.  Everyone agrees they were inspired by Montesquieu’s notion of the separation of powers providing for executive, legislative and judicial functions.  The division of labor and duties seems so clean and elegant in your civics class.  Yet, in practice, the process is so tainted and untidy.”

T          “In my class, I try to tidy up the mess.  I present this outline of the grand plan on the board to spark discussion:

Post 1787:          Theory:     Practice:

President            34%           30% (implement laws)
Congress             33%           60% (make laws)
Judiciary             33%           10% (interpret laws)
National Bank      0%             0% (inspire debate)

The judiciary was little more than an administrative agency with possibility until the Supreme Court developed the doctrine of judicial review in Marbury v. Madison in 1803.  The political plate tectonics shifted and now we have:

2014:

President                             44% (determines most major domestic and foreign policy initiatives)

Congress                              21% (drives economic activities via substantial ad hoc spending largely for defense, interest and entitlements)

Judiciary                              35% (makes laws)

Federal Reserve                 33% (the private bank with the misleading name establishes monetary policy and directs fiscal policy by default because of Congressional grid lock and thus effectively runs the economy, with little public participation)

National Security State    39% (shapes domestic and foreign affairs via a motley and myriad montage of agencies, contractors, sub-contractors and others with little oversight)

S          “So sixty-eight percent of government policy is imposed by federal judges and the Federal Reserve Board of Governors/Big Bankers who are not elected.”

T          “The Founding Fathers are said to have been anti-democratic.  I know they would be surprised at what has emerged in practice in America.”

S          “So thirty-nine percent of domestic and foreign surveillance and activities are determined by unknown and unaccountable agents and operatives.”

T          “Who knows.”

. . .

S          “So we need to track the federal Debt which is now over 17 Trillion dollars and also the Federal Reserve Debt which is now over 4 Trillion dollars.”

T          “While you are at it, try to fathom the 100s of Trillions of dollars in derivatives that were never on the Founding Fathers’ radar and are off the public radar today.”

S          “That fraud will doom the Republic some day.”

. . .

S          “So the Big Bankers favor war because it is so profitable, so the large number of Big Bankers in power results in an over-production of war.”

T          “Accord.”

. . .

T          “Republicans want a powerful ‘unitary’ President when a Republican is in the White House and an effete President when a Democrat is in the White House.”

S          “And everyone agrees that federal judges are politicians in black robes.”

T          “Accord, young scholar.  See why this is so much fun.”

. . .

[T:  Teacher; S:  Student]

Bumper stickers of the week:

The Declaration of Independence is America’s Original Organic Poem.  The Constitution is America’s Owners’ Manual.  Signed on September 17, 1787.

There is no law.  There is only ideology.