tagged w/ judicial
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This pertains to public corruption that has extended to the 2012 election process. It once again involves Florida. The public should be aware.
http://www.complaints.com/2012/march/14/Corrupt_Judge_David_P._Kreider_now_taints_the_ele_264712.htm (SOURCE)
The above webpage is constantly updated as new developments arise. This is the gateway to some serious corruption and a major cover-up attempt.
FYI, this matter also relates to the “Gibson Case” and the matter has grown to the point that the resultant scandal now involves several people. Some of those involved are as follows:
1
David P. Kreider, Alachua County Court Judge (see http://circuit8.org/kreider )
2
Martha Ann Lott, Ex - Chief Judge for the 8th Judicial Circuit of Florida (see http://circuit8.org/lott ) [Embattled Martha Lott resigned from her chief judge post subsequent to becoming embroiled in this scandal which has started to implode; her resignation was announced on 04/09/2012 and was reported to have gone into effect on 04/05/2012.]
*For information about Martha Lott’s resignation see
-"The Gainesville Sun” article dated 04/09/2012 at http://www.gainesville.com/article/20120409/ARTICLES/120409606
-8th Judicial Circuit of Florida official press release dated 04/10/2012 at https://circuit8.org/web/news/4-10-12%20Chief%20Judge%20Roundtree.pdf
3
Spencer Mann, Chief Investigator for the 8th Judicial Circuit of Florida’s State Attorney’s Office (see http://sao8.org/Chief%20Investigator.htm )
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J.K. “Buddy” Irby, Alachua County Clerk (& Clerk of Court) / Clerk of the Circuit Court for the 8th Judicial Circuit of Florida (see http://www.alachuacounty.us/Depts/Clerk/Pages/Clerk.aspx/ )
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William “Bill” Cervone, State Attorney for the 8th Judicial Circuit of Florida (see http://sao8.org/ABOUT%20WILLIAM%20CERVONE.htm )
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Denise R. Ferrero, Alachua County Court Administrative Judge (see http://circuit8.org/ferrero )
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Ted McFetridge, Court Administrator for the 8th Judicial Circuit of Florida (see http://circuit8.org/court-administrator )
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Robert Roundtree, Chief Judge for the 8th Judicial Circuit of Florida (see http://circuit8.org/roundtree )[he replaced Martha Lott in April 2012 upon her resignation]
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Pam Carpenter, Alachua County Supervisor of Elections (see http://www.myfloridaelections.com/fsasedir.php?detail=Y&County=Alachua )
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Paula M. DeLaney, Chair of the Alachua County Board of County Commissioners (see http://www.alachuacounty.us/Depts/BOCC/Profiles/Pages/Delaney.aspx )
11
Polly Cheshire, Alachua County Court Program Specialist
Everything stated here and at the above referenced "source webpage" is true and supported by two irrefutable reports and extensive corroborating evidence that is in the possession of agencies, including those within Florida’s 8th Judicial Circuit (and the Chief Judge’s office and Chief Investigator Spencer Mann of the State Attorney's Office). The comprehensive reports and evidence span a total of more than 100 pages and in-depthly detail criminal activities carried out under the color of law by criminal/judge David P. Kreider and various other co-conspirators. As indicated above, serious corruption and a major cover-up attempt is in play.This pertains to public corruption that has extended to the 2012 election process. It... more
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SB100
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In Public School, we were all indoctrinated with the moral standard of absolute right & wrong. [e.g. Washington – I cannot tell a lie, I chopped down the cherry tree] And, we are led to believe that the vast majority of Americans, Especially our political leaders and Judges subscribe to that same high moral standard.
However, unless you have made repeated trips to the belly of the beast, you really can’t understand how our Government works (or doesn’t work). You only know politicians from handshaking, baby kissing, campaign ads and waving in parades. And of course, from what you were taught in public school.
Based on this, rank and file Americans assume that most politicians are good people with the best interests of WE THE PEOPLE at heart. And so, what this author is about to tell you may be hard to accept.
When you go into the belly of the beast and push an agenda or issue the politicians don’t like, you soon see another side of politicians.
Politicians to not subscribe to, nor practice a moral standard of
absolute right and wrong; Instead they practice a moral standard of
“Plausibly Deniabiliyt”. In essence, if you can’t prove it, they didn’t do it.
After a long wait, a sequence of events has occurred which is easy to
understand and serve as proofs to various assertions this writer has
made in this article and in previous articles. Among these are that the
Minnesota Judiciary and Legislature are systemically corrupt.
SEQUENCE OF EVENTS
For 20 years, this writer has pursued an agenda of Judicial TAR
(Transparency, Accountability and Reform) Over the past 7 years, with
the rising popularity of the internet; hundreds of Minnesotans have
found other like minded individuals. We have become organized.
For these past coming on 8 years, these hundreds of Minnesotans have
demanded to exercise their constitutional 1st Amendment Right to
petition the Government for redress of grievances. We have wanted to
give testimony and evidence of corruption in the Minnesota Judiciary.
The Minnesota State House and Senate Judiciary Committee chairpersons
for the now coming on 8 years have denied hundreds of Minnesotans said
hearings.
Having identified this writer as one of the Leaders of the Minnesota
Judicial TAR movement, various Legislatures and judges determined to
engage in unlawful and unconstitutional reprisal. There intent was to
demonize and discredit this writer in a similar manner of the FBI’s
operation COINTELPRO against Rev. Dr. Martin Luther King, Jr.:
FINAL REPORT OF THE
SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS
WITH RESPECT TO INTELLIGENCE ACTIVITIES TO
UNITED STATES SENATE
“From December 1963 until his death in 1968, Martin Luther King, Jr. was the target of....
To continue reading for free click here DANCING WITH SYSTEMIC CORRUPTION – KURT ZELLERS, SPEAKER OF THE MINNESOTA HOUSE http://shar.es/rV7Cu
Those were my thoughts.
In Closing:
Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.
Please join with me in mutually pledging to each other and our fellow
citizens our lives, our fortunes and our sacred honor to our mutual
endeavors of restoring liberty and economic opportunity to WE THE PEOPLE
as our Founding Fathers envisioned and intended. [Last paragraph,
Declaration of Independence http://bit.ly/ruPE7z ]
This article is written with the same intentions as Thomas Paine http://ushistory.org/paine. I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense” http://amzn.to/kbRuar
TellMyPolitician http://goo.gl/1FWfz
Keep Fighting the Good Fight!
In Liberty,
Don Mashak
The Cynical Patriot
http://twitter.com/dmashak
Google Plus http://goo.gl/1AUrE
http://Facebook/Don.Mashak
WE THE PEOPLE TAR
http://WETHEPEOPLETAR.blogspot.com
http://twitter.com/WETHEPEOPLETAR
End the Fed(eral Reserve Bank System)
National http://bit.ly/ta3Rju Minneapolis http://bit.ly/tjZJKF
Lawless America
http://LawlessAmerica.com
Justice in Minnesota #JIM
http://JusticeinMN.com
Bring Home the Politicians #BHTP
http://BringHomethePoliticians.com
Get out of our House #GOOOH
http://GOOOH.com
Critical Thinking Notice - This author advises you as no politician would dare. Exercise Critical Thinking (http://bit.ly/ubI6ve) in determining the truthfulness of anything you read or hear. Do not passively accept nor believe anything anyone tells you, including this author... unless and until you verify it yourself with sources you trust and could actively defend your perspective to anyone who might debate
you to the contrary of your perspective.In Public School, we were all indoctrinated with the moral standard of absolute right... more
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Arab civilization, which is part of human heritage, has faced through its long history great challenges aimed at breaking its will and subjecting it to colonial domination, but it has always rose through its own creative abilities to exercise its role in building human civilization. The Syrian Arab Republic is proud of its Arab identity and the fact that its people are an integral part of the Arab nation. The Syrian Arab Republic embodies this belonging in its national and pan-Arab project and the work to support Arab cooperation in order to promote integration and achieve the unity of the Arab nation. The Syrian Arab Republic considers international peace and security a key objective and a strategic choice, and it works on achieving both of them under the International Law and the values of right and justice. http://www.makeahistory.com/index.php/recent-news/43064-draft-constitution-for-the-syrian-arab-republic-damascus-referendum-day-photo-essayArab civilization, which is part of human heritage, has faced through its long history... more
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worrg
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3 months ago
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This Is About My Fight Against A Corrupt Judicial System. I had my only way of earning a living taken away, then being held accountable for money that I do not have, and cannot get.It is my constitutional right to work, and my CDL was my way of finding work, so therefore I believe that my rights were violated, and that I have no recourse .This Is About My Fight Against A Corrupt Judicial System. I had my only way of earning... more
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6468
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This is a teaser for an article that I posted on my Blog MINNESOTA JUDICIAL REFORM
AND ACCOUNTABILITY [ http://bit.ly/jPM1H8 ]. It includes Proposed Legislation that I have sent to my Minnesota US 6th District Representative, Michele Bachmann. In my humble opinion, this should be the single most important issue of the 2012 Elections.
Upon reading my article and proposed legislation, I believe you will reach the same conclusion that I have: Sovereign Immunity is a fraud. It was not provided for in the Constitution or the Bill of Rights. It results from a deliberate and fraudulent Judicial Interpretation to the 11th Amendment. Sovereign Immunity is what prevents WE THE PEOPLE from suing and holding accountable our Elected Officials, Judges, Government and Government Agencies and Government Bureaucrats. For we rank and file citizens, the political party that you belong to should not be a consideration in supporting this proposed legislation. After reading my article, I believe you will be as angry and motivated for this proposed reform as I am.
If Upon reading this, you find yourself in agreement with my assessment and proposed Legislation Please contact Representative Michele Bachmann [ http://bachmann.house.gov ] at the following voice and fax numbers.
Washington D.C. Office
103 Cannon House Office Building Washington, DC 20515
Phone: (202) 225-2331 Fax: (202) 225-6475
Woodbury Office
6043 Hudson Rd, Suite 330 Woodbury, MN 55125
Phone: 651-731-5400 Fax: 651-731-6650
St. Cloud/Waite Park Office
110 2nd Street S, Suite 232 Waite Park, MN 56387
Phone: 320-253-5931 Fax: 320-240-6905
LEGAL EVIL? In their own words - Revised and Updated to include Proposed Legislation Language sent to my MN US Representative, Michele Bachmann [ http://bit.ly/jPM1H8 ]
With the US Judiciary's reputation for integrity and honesty firmly embedded in the minds of WE THE PEOPLE, what standing does any single Citizen have to challenge their reputations? To overcome this handicap, I will use the American Legal System’s own words to expose the true nature of their integrity and character.
Let us begin with the words of former FBI director J Edgar Hoover:
"The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.''
Next, I am going to use the words of Judges themselves. Judges allege that they reach conclusions by citing existing case law aka previous rulings of judges.
In my research on immunity for Judges and States, I was astonished and dismayed to learn the liberties the Judges had taken, and leaps of logic they had used, to interpret and write case law and rules in their favor.
The first cases I will cite are:
Wiggins v Hess (1976, CA8 Mo) 531 F2d 920
"Judicial immunity applies even when judge acts maliciously and corruptly; judge loses his immunity from liability for damages in violation of 42 USCS &1983 ONLY if he acts in clear absence of jurisdiction."
and:
Holloway v Walker (1985, CA5 Tex) 765 F2d 517
"Judges absolute immunity from suit under 42 USCS & 1983 for actions take under jurisdiction is not avoided by allegation that the acts are performed pursuant to bribe or conspiracy."......
To read the rest of the story and the proposed reform bill for free please click here:
Minnesota Judicial Reform and Accountability [ http://bit.ly/jPM1H8 ]
Those were my thoughts. - http://bit.ly/jhs2ih
In Liberty, - http://bit.ly/kKJYal
Don Mashak - http://bit.ly/ksfyOn
The Cynical Patriot - http://bit.ly/kJb2OS
http://twitter.com/dmashak
DON MASHAK'S CHALLENGE TO ALL USA POLITICAL PARTIES! - http://bit.ly/tTDML
Don Mashak | Facebook - http://on.fb.me/aZL3SG
Don Mashak - Quora - http://www.quora.com/Don-Mashak
Don Mashak - Examiner.com - http://exm.nr/hEleFU
Don Mashak (dmashak) - Digg - http://digg.com/dmashak
Don Mashak's Minnesota 10th Judicial District Free Press - http://bit.ly/XYVN4This is a teaser for an article that I posted on my Blog MINNESOTA JUDICIAL REFORM... more
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This is a teaser from an article I wrote on Examiner.com:
From Public School, to church, to the movies and the major media and elections themselves, the American public is induced to believe that the Judges of America are men of integrity beyond reproach.
So with all of those credentials and long years of propaganda and censorship one faces a mighty steep mountain of indoctrination, propaganda and goodwill in exposing the true nature of Minnesota and the Country's Judiciary.
With the Judiciary's reputation reputation for integrity and honesty firmly embedded in the minds of WE THE PEOPLE, what standing do I have to challenge their reputations. In my estimate, what ever I might say would be easily dismissed, for what is my word to the word of these prestigious Judges.
To overcome this handicap, I will use the American Legal Systems own words to expose the true nature of their character.
Let us begin with the words of former FBI director J Edgar Hoover:
"The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.''
Whatever could the former director of the FBI, with all of the domestic intelligence information at his disposal, have meant by such a statement? I leave it to the reader to reach their own conclusion.
Next, I am going to use the words of Judges themselves. Judges have a strange little way of reaching conclusions allegedly using case law and jurisprudence. This effectively means they theoretically use the findings of previous judges to base their decision on the current case. Most of these rulings are reduced to short citations of a single sentence or a paragraph along with the case caption and where it is publicized (When judges do bad things and don't follow the law, they just don't publish their rulings - You see the secret is, Judges just censor from the general public most of the bad, unjust things they do.)
I recently had cause to research various rulings on immunity for Judges and State Governments. And I was astonished and devastated to learn the liberties they had taken and leaps of logic they had used to write the rules in their favor.
Using their own words, the first case I will cite is Wiggins v Hess (1976, CA8 Mo) 531 F2d 920 and Harley v Oliver (1976, CA9 Ark) 539 F2d 1143
"Judicial immunity applies even when judge acts maliciously and corruptly; judge loses his immunity from liability for damages in violation of 42 USCS &1983 ONLY if he acts in clear absence of jurisdiction."...
To read the rest of this article for free, please click here->;
Examiner. com Legal Evil? In their own words - Part 1 of 3 http://exm.nr/jhsah8
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThis is a teaser from an article I wrote on Examiner.com:
From Public School, to... more
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Yikes! You won't believe the real jobless numbers
Federal docs contradict 8.9% hyped by media
Posted: March 04, 2011
2:09 pm Eastern
By Jerome R. Corsi
© 2011 WorldNetDaily
The real U.S. unemployment rate may be 22.1 percent for February, not the 8.9 percent reported by the government, according to economist John Williams, author of the "Shadow Government Statistics" website, who has argued for years that the federal government manipulates the reporting of economic data for political purposes.
Read more: Yikes! You won't believe the real jobless numbers http://www.wnd.com/?pageId=270957#ixzz1FslhydEv
http://www.wnd.com/?pageId=270957Yikes! You won't believe the real jobless numbers
Federal docs contradict 8.9%... more
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This is an excerpt from an article I wrote on one of my blogs:
!
It is the strategy of many governments to demonize and discredit political dissent.
Should you doubt this I encourage you to read about the FBI, COINTELPRO and Reverend Dr. Martin Luther King Jr. here http://www.icdc.com/%7Epaulwolf/cointelpro/cointel.htm
For 24 years I have of attempted to bring reform and transparency to the Minnesota Judicial System.
Our Minnesota State Government and Court System consider this an act of Political dissent.
I am the target and victim of an operation to demonize and discredit me because cause of my exercise of my Constitutionally protected 1st Amendment Right to Petition our Government for Redress of Grievances.
To demonstrate one method our Government has used to demonize and discredit me, I provide to you this transcript of my Motion to Remove Judge Mary Yunker for Bias.
I am one of the Plaintiffs in this matter. I have been denied full, fair, equitable, unbiased and just adjudication of the matter at hand. After almost 2 years of litigation and the expense of more than $16000 dollars, I have been denied all depositions and the ability to amend my complaint to reflect additional claims. Only on the last day of discovery, did I receive the most insignificant answers to some discovery. I fear this litigation will end in another exercise of "Might Make Right" and "How much justice can you afford?"
Please Click here to read the rest of the Story for Free: Don Mashak's Minnesota 2nd Judicial District Free Press http://donmashaksmn2judicialdistrictfreepres.blogspot.com/2011/02/this-is-how-minnesota-judiciary-system.html
With regard to savings our Country, Lead, Follow or get out of the way.
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashak
Don't Forget the:
Government Corruption Crisis Conference February 27, 2011 (Online)
http://donmashaksanokacountymnfreepress.blogspot.com/2011/02/government-corruption-crisis-conference.htmlThis is an excerpt from an article I wrote on one of my blogs:
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It is the strategy... more
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The Government Corruption Crisis Conference is scheduled for Sunday February 27, 2011 from 5 to 7 pm EST. The Conference will be conducted online using Shovio technology.
Please plan to join us ....
Click here, and then click "Play Video Greeting." A number of us have been trying to schedule something for some time, so I decided to pick a date and go for it.
The purpose of the comference will be to discuss ideas on how we can attack the crisis of judicial and government corruption.
Read more here -> http://donmashakswrightcountymnfreepress.blogspot.com/2011/02/government-corruption-crisis-conference.html
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThe Government Corruption Crisis Conference is scheduled for Sunday February 27, 2011... more
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"On Saturday, January 29, 2011 more than 50 members of TEA Party Groups from across the State met at the Brooklyn Park MN Library to participate in a Nominal Group Process Meeting. Through this 5.5 hour process, the group set its goals for the immediate future in Minnesota.
With Regard to the Top Issues that Minnesota North Star TEA Party Patriots will help Local groups are:
1) Judicial Reform and Accountability
2) Voter ID
3) Reducing Government Size.
Other Issues in the top 10 included......"
Continue reading on Examiner.com: Results of North Star TEA Party Patriots Coalition Nominal Group Process - Minneapolis Independent | Examiner.com
http://www.examiner.com/independent-in-minneapolis/results-of-north-star-tea-party-patriots-coalition-nominal-group-process#ixzz1CfnPhwf8
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashak"On Saturday, January 29, 2011 more than 50 members of TEA Party Groups from... more
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This is an except from an article I wrote on Examiner.com:
"These books and literature should be of interest of you, especially if you think you might ever have to appear before a judge..
In Minnesota we have Judges trying to take away our right to vote for Judges in contested elections.
The rational of these judges is that allegedly there is little or no corruption in Minnesota.They then go on to say that we must protect this allegedly near perfect system from the corrupting influence of campaign Contributions and Political parties.(focus on the comments, not the main article propaganda of this link)
But the Black Robed (redacted for decorum) Judges of Minnesota's entire premise that there is little or no corruption in Minnesota has been fraudulently manufactured.
For the past 5 years the Minnesota House and Senate Judiciary Committees have refused to hear evidence of corruption in the Minnesota Judiciary. As a symptom of the systemic corruption in Minnesota Government, Hundreds of Minnesota Citizens have been denied their first amendment right to petition the Government with our grievances without actual or threatened retaliation......"
To read the rest of the Article, Please visit Examiner.com http://exm.nr/eIsVL8
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashak!
This is an except from an article I wrote on Examiner.com:
"These... more
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This is an except from an article I wrote on Examiner.com:
Announcing the Reorganization of Minnesota Judicial Reform and Accountability TEA Party.
Don Mashak, the leader of Minnesota Judicial Reform and Accountability TEA Party has announced a name change and reorganization of said group. (Don Mashak is also the author of this article)
The groups name will change to "TEA PArty Transparency, Accountability and Reform" or Tea Party TAR for short. It also will appear as #TPTAR on Twitter.
The group will be organized around issues rather than localities, as most other TEA Party groups are.
The primary issues of the group will be:
1) Judicial Transparency, Accountability and Reform
2) Fiscal Transparency
3) Public Education reform
To read the rest of the Article, Please visit Examiner.com
http://www.examiner.com/independent-in-minneapolis/reorganization-of-minnesota-judicial-reform-and-accountability-tea-party
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThis is an except from an article I wrote on Examiner.com:
Announcing the... more
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This is an except from an article I wrote on Examiner.com:
Announcing the Reorganization of Minnesota Judicial Reform and Accountability TEA Party.
Don Mashak, the leader of Minnesota Judicial Reform and Accountability TEA Party has announced a name change and reorganization of said group. (Don Mashak is also the author of this article)
The groups name will change to "TEA PArty Transparency, Accountability and Reform" or Tea Party TAR for short. It also will appear as #TPTAR on Twitter.
The group will be organized around issues rather than localities, as most other TEA Party groups are.
The primary issues of the group will be:
1) Judicial Transparency, Accountability and Reform
2) Fiscal Transparency
3) Public Education reform
To read the rest of the Article, Please visit Examiner.com
http://www.examiner.com/independent-in-minneapolis/reorganization-of-minnesota-judicial-reform-and-accountability-tea-party
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashakThis is an except from an article I wrote on Examiner.com:
Announcing the... more
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Please retweet this on twitter or repost on facebook.
#MN TEA Time on 1280AM The Patriot, 7a-9a Saturday 11/27/2010 Minnesota State TEA Party talks issues http://bit.ly/eg41NZ Click LIVE LISTEN
Though this is Broadcast on 1280AM the Patriot in the Twin Cities of Minnesota USA, you can
listen to this TEA Party Patriot Radio broadcast any place in the world http://bit.ly/eg41NZ Click LIVE LISTEN
Visit Minnesota North Star TEA Party Patriots website here: http://northstartpp.com
Those were my thoughts.
Don Mashak
The Cynical Patriot
http://twitter.com/dmashak
Minnesota Judicial Reform and Accountability
TEA Party and Lawful Independent Political DissentPlease retweet this on twitter or repost on facebook.
#MN TEA Time on 1280AM The... more
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Judicial confirmations slowed to a trickle on the day President Barack Obama took office. Filibusters, anonymous holds, and other obstructionary tactics have become the rule. Uncontroversial nominees wait months for a floor vote, and even district court nominees—low-ranking judges whose confirmations have never been controversial in the past—are routinely filibustered into oblivion. Nominations grind to a halt in many cases even after the Senate Judiciary Committee has unanimously endorsed a nominee.
Such tactics are completely unprecedented, and so are their results. Fewer than 43 percent of President Obama’s judicial nominees have so far been confirmed, while past presidents have enjoyed confirmation rates as high as 93 percent. And President Obama’s nominees have been confirmed at a much slower rate than those of his predecessor—nearly 87 percent of President George W. Bush’s judicial nominees were confirmed.
The data could not be any clearer. As Figure 1 shows, judicial confirmations have fallen off a cliff since President Obama took office.
The Obama administration’s judicial nomination rates are exceptionally low
American presidents for more than three decades have enjoyed judicial confirmation rates near or above 80 percent. This pattern persists across both Democratic and Republican administrations, and it includes presidents who presided over a period of unified government (Jimmy Carter), presidents whose party did not at any point control the Senate during their presidency (George Bush I), and presidents who saw the Senate change hands during their presidency (Ronald Reagan, Bill Clinton, and George Bush II).
President Obama’s 42.8 percent confirmation rate is only slightly more than half of President George H.W. Bush’s 79.3 percent, even though President Bush presided over a period of divided government while Obama has thus far enjoyed unified governance.
Indeed, Obama’s confirmation rates are even lower than those during the very unusual 107th Congress when President George W. Bush’s transition period was cut short, in part because the Supreme Court did not hand down its Bush v. Gore decision until mid-December, thus limiting the time he had to plan for judicial confirmations. Congress also changed from Republican to Democratic control partway through the 107th Congress, further delaying routine business as the Senate completed administrative tasks associated with its transition. Nevertheless, fully 52 percent of President Bush’s nominees had been confirmed at this point in his presidency—nine percentage points higher than Obama’s 42.8 percent confirmation rate.
Figures 2 and 3 break down each president’s judicial confirmations to indicate confirmation rates among district (trial) judges and circuit (appellate) judges. Confirmation rates among the circuit judges steadily declined between the Carter and Clinton presidencies, before increasing slightly under President George W. Bush. Yet the confirmation rate for circuit judges was nearly cut in half once President Obama took office.
The most telling statistic is the enormous drop in district judge confirmations since President Obama took office. District judges certainly play an important role in America’s legal system, but senators have never offered significant resistance to the vast majority of district court nominees. Unlike court of appeals judges, who frequently hand down major opinions on controversial legal issues, district judges spend most of their time handling more routine manners such as trial schedules and sentencing.
Obama’s district judge confirmation rates are less than half that of his predecessor, and barely half that of President George H.W. Bush, the president with the next-lowest rate. It is clear that Senate obstruction of Obama’s judges is not limited simply to controversial nominees, but has extended like a blanket over historically uncontroversial nominees whose impact on the law is often fairly minimal.
Senate filibusters and holds are stopping nominations like never before
There is a simple explanation for the sudden drop-off in confirmation rates—obstructionists in the Senate are using filibusters and holds at an unprecedented rate. And it is nearly impossible to break the filibusters and holds on Obama’s nominees.
The Senate’s arcane rules require nominees to clear several procedural hurdles before they can be confirmed. Most importantly, the Senate must agree to a “motion to proceed” to debate that nomination, and they have to take a confirmation vote at the conclusion of debate. Senators can filibuster either the motion to proceed or the confirmation vote itself.
Once a filibuster is broken, Senate rules still permit up to 30 hours of floor debate before taking a vote. The minority can therefore filibuster both the motion to proceed and the confirmation vote itself, and require up to 60 hours of floor debate before confirming a single nominee.
Forty-eight of President Obama’s judicial nominees await confirmation. At 60 hours per nominee, the Senate would have to spend 2,880 hours—120 entire days—to act on each of these nominations. If Majority Leader Harry Reid (D-NV) were to cancel all recesses on August 1 and require the Senate to work 24 hours a day, seven days a week, doing nothing but considering judicial nominees, the last nominee would not be confirmed until several days after Thanksgiving—and that’s assuming that the Senate passed no bills, confirmed no other nominees, and took up no other matters for this entire period!
It is easy to manipulate the Senate rules to create a crisis. If a minority of senators broadly object to the Senate’s entire agenda, then it is literally impossible to confirm more than a fraction of the hundreds of judges, executive branch officials, ambassadors, and other nominees that each president has a responsibility to appoint, even if the Senate shuts down all other legislative business to do so.
If anything, the real surprise is not that President Obama is experiencing unprecedented obstructionism. It’s that, given such dysfunctional Senate rules, it has taken so long for such a confirmation crisis to emerge.
Methodology
Post-Carter administration data
President Carter implemented a number of reforms in the late 1970s that limited individual senators’ previous role in selecting lower court judges and transferred much of that responsibility to the executive branch. Prior to the Carter administration, senate patronage played a much larger role than it does today in determining who sits on the federal bench. President Reagan dismantled many of these reforms, but he maintained the executive’s dominance over the nominations process, especially at the Court of Appeals level.
This paper only examines data from the Carter through Obama administrations, and excludes judicial confirmation data from prior presidencies when the Senate played a larger role in judicial selection.
Data sources
Confirmation rates from the Carter, Reagan, Bush I, and Clinton administrations are taken from a 2007 Congressional Research Service report entitled “U.S. Circuit and District Court Nominations by President George W. Bush During the 107th-109th Congresses,” unless otherwise noted. There is no publicly available CRS report that covers confirmation rates during the entire George W. Bush or Obama administrations, the last two presidents’ confirmation rates are calculated using data from the Department of Justice’s Office of Legal Policy and the Senate Judiciary Committee. All percentages reflect the total percent of nominees confirmed during an entire presidency, and do not include Supreme Court nominees, unless otherwise noted.
Download this memo (pdf)(http://www.americanprogress.org/issues/2010/07/pdf/judicial_confirmations.pdf)
Ian Millhiser is a Policy Analyst at the Center for American Progress.Judicial confirmations slowed to a trickle on the day President Barack Obama took... more
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Barbara C. Johnson was born in Boston in 1934. She grew up in Newton, Massachusetts a suburb of Boston known at the time for its fine public schools. She received her B.A. from Bennington College in Vermont and entered the New England School of Law at the age of 49. In 1987, she received her J.D.
In an interview with Hank Richards from the Examiner, Ms. Johnson said she was ‘called to the stage during her NESL graduation ceremony and received the West Publishing Company Corpus Juris Secundum Series Award (1987) for the highest annual scholastic average.’
She began her two decades as a sole-practitioner in civil and criminal litigation in State and Federal courts at both the trial and appellate levels.
As a member of the Children's Rights Council panel, she addressed a joint state-congressional committee on a shared-parenting bill. As an activist-attorney, she received a Woman of the Year award from the Fatherhood Coalition.
Her activism had grown out of her early outside interests. As a film consultant, she advised the Massachusetts Bar Association's Bicentennial Committee. She conceived, produced and moderated 'Think Tank,' a cable-TV series (Continental Cablevision in Newton) on local government and business.
In 2002, she ran a quixotic campaign for governor, campaigning in an antique fire truck and promising to use creativity, compassion and a willingness to listen to the people to mend an ailing government.
On August 9, 2006, Justice Francis X. Spina signed an order of disbarment against Barbara C. Johnson and she was forbidden from practicing law effective September 8, 2006.
At her hearing Ms. Johnson, a fiery and unconventional 75 year old, was quoted as saying, ‘No - damn it, no. Unless you’re willing to agree that you have a kangaroo court here, you cannot say that to me . . . that's a wagon of detritus, cow chips, horse manure . . . the disbarment by this kangaroo court is an effort to silence my criticism of the courts.’
Barbara C. Johnson during her campaign bid for Governor
Johnson has long been a fierce advocate for fathers' rights in family courts. She is an outspoken critic of the Massachusetts court system, which she says is rife with corruption.
Her aggressive nature and quest for court reform brings her book, Behind the Black Robes: Failed Justice, to the market.
According to some legal reviews, many agree with her position about the legal system.
‘The book addresses a serious problem - the need for court reform and the abolishment of judicial immunity. The book is filled with the courts’ tricks and traps for the unwary and tries to alert readers both why their law cases fail and what must be done to effect court reform. Each chapter presents a series of illustrations intended to teach the readers by example how to avoid those court tricks and traps that people are likely to encounter in their existing or potential court cases’ says one reviewer.
A newspaper once wrote, ‘While we don't fully agree with either her politics or her methods, Johnson is a character in a humdrum world sorely in need of more characters. She's the thorn in the side, the thumbtack on the chair . . . Johnson speaks her mind, and loudly.'
Another review states that ‘if we do nothing, the country will continue to drift slowly from bad to worse. Only continuing civil disobedience, demonstrations, including the recent much-laughed-at Tea Parties must first take place. Bets are on that the U.S. system will collapse after a severe energy shortage.
When the voting public finally becomes active and educated as to what kind of person they should elect to governmental office, only then can the evolutionary process begin’ – anonymous.
Her book, Behind the Black Robes: Failed Justice, is available at Amazon.com, Abebooks.com and Alibris.com .
Barbara is currently working on two more nonfiction books to help people who are representing themselves in family court. When finished with the nonfiction, she is planning to switch back to fiction or faction.
This 75 year old world traveler is a divorced woman with two sons and five grandchildren. She can be reached by e-mail at barbjohnson74@gmail.com .Barbara C. Johnson was born in Boston in 1934. She grew up in Newton, Massachusetts a... more
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WWW.UNVEILING.TV
THE LARGEST ART THEFT IN HISTORY WITH 1732 ORIGINAL MASTERPIECES OF THE ARTIST DAPACU STOLEN
THE THEFT WAS PERVERSE AND HAS EXPOSED A LARGE CONSPIRACY OF FRAUD, THEFT, KIDNAPPING AND NOW EVEN MURDER.
IN FACT, THIS IS THE LARGEST ART THEFT IN HISTORY OF AN ART THAT IS SO UNIQUE.
WWW.UNVEILING.TV
FROM THE ARTIST WWW.DAPACU.TV
THE SON OF THE ARTIST WAS ALSO KIDNAPPED, THE ARTIST FATHER MURDER AND ALL THE PROPERTY OF THE ARTIST STOLEN.
FOLLOW THIS CASE THAT IS IN REGARDS TO THE RIGHTS OF THE PEOPLE, TO FAMILY RIGHTS AND THE ABUSE OF POWER OF GOVERNMENT.
EXPOSES THE HIGHEST CORRUPTION ON THE JUDICIAL SYSTEM AND THE VIOLATION TO LAWS, TREATIES AND RIGHTS OF ALL.
FOLLOW THE CASE AT WWW.OATH.TV
KNOW THE ARTIST AND THE EVENTS WWW.DANIELPAVONCUELLAR.COMWWW.UNVEILING.TV
THE LARGEST ART THEFT IN HISTORY WITH 1732 ORIGINAL MASTERPIECES... more
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By Ernest A. Canning:
Ernest A. Canning has been an active member of the California state bar since 1977. Mr. Canning has received both undergraduate and graduate degrees in political science as well as a juris doctor. He is also a Vietnam vet (4th Infantry, Central Highlands 1968).
--- Citizens United: A Case Which Will Live in Infamy ---
Amidst exploding bombs, smoke billowing from sinking battleships and dead bodies floating atop the oil slicked waters of Pearl Harbor, it was not all that difficult to appreciate the damage wrought by a surprise attack launched by the Empire of Japan. The same was true when we watched in horror as the smoldering twin towers of the World Trade Center precipitously collapsed on September 11, 2001.
Like these two earlier pivotal events, January 21, 2010 is, "a date which will live in infamy." Yet, unlike Pearl Harbor and 9/11, most Americans do not recognize it as such. This attack came not by way of planes or bombs delivered by some foreign menace. It came from within courtesy of what Professor Cass Sunstein aptly described as "radicals in robes" --- four directly connected to the Robert-Bork founded, billionaire-funded Federalist Society; all five as appointees of the Reagan and two Bush administrations. Men bent on unraveling the very constitution they had all solemnly sworn to uphold.
Their assault, though subtle, wrought far greater devastation than either Pearl Harbor or 9/11. They did not merely attack planes, ships and buildings. They assaulted the very foundations of our constitutional democracy...
As obnoxious as Dred Scott
Within the confines of American jurisprudence, there has not been a decision of equal infamy to Citizens United vs. Federal Election Commission [PDF] since 1857 when the Court decided Dred Scott vs. Sanford (aka The Dred Scott decision).
In Scott, the Court, in service of wealthy Southern landowner/masters, ruled that African-American slaves and their descendants could never be considered "citizens." They were but chattel, the personal property of their owners. The Southern slave master thus had a right to demand the return of his "property" should his property make the very human decision to escape.
It took a bloody civil war and the 13th Amendment to undue the damage the Court wrought by Dred Scott.
Just as the Court in Dred Scott became the legal instrument for a brutal 19th Century inequity by ruling that living, breathing human beings could never be citizens, so the five member Republican majority of the Court in Citizens United has become the legal instrument for a new 21st Century inequity by extending to artificial, inter-generational constructs known as "corporations" the rights that the framers of the Constitution had intended only to apply to living, breathing people who make up the actual citizenry of this nation.
It is a ruling that calls into question the validity of all laws which seek to prohibit or even limit the ability of corporate bought-and-paid-for candidates to flood the airwaves with the corporate message, either directly or through corporate-purchased propaganda time slots; an ability that can drown out the right of citizens to see and hear those who do not tow the corporate line. Citizens United has opened the door to the creation of a new master-class under the aegis of the most undemocratic of institutions --- the private corporation.
CONTINUED BELOW & Full Text > http://www.bradblog.com/?p=7709
.By Ernest A. Canning:
Ernest A. Canning has been an active member of the California... more
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