Friday, February 25, 2011

11-02-25 Fraud in the US Court from Coast to Coast // Fraude en los Tribunales de EE.UU. de costa a costa // 从海岸到海岸欺诈在美国法院

  
 
Henry Hudson,  Jed Rakoff,  Virginia Phillips
United States Judges


Commonwealth of Virginia v Sebelius - constitutional challenge to Obama's healthcare law - is part of a pattern of fraud in the US courts from coast to coast.

US judges consistently undermine the rule of law in the United States. Media and legal scholars fail to expose the fraud and inform the people.

Los Angeles, February 25
 - in Commonwealth of Virginia v Sebelius, Judge Henry Hudson of the US District Court, Eastern District of Virginia, purported to preside in litigation of a constitutional challenge to Obama's health care law.   A recent Freedom of Information Act (FOIA) response by the US Department of Justice has confirmed the case as another example of fraud on the court: [[i]] 
  • Judge Hudson appeared in the case with no assignment order;
  • No judgment was ever entered in the case,
  • US DOJ provided false and deliberately misleading records instead of the requested electronic certificates of authentication by the Clerk of the Court (NEFs - Notices of Electronic Filing).
As was previously documented: [[ii]]
  • No valid summons was found in the case docket, only summons, which was missing the seal of the court. The US law requires that the summons be issued with a signature of the clerk of the court and under the seal of the court. Absent valid summons, the litigation is invalid from its start.
  • No valid record of execution or waiver of execution of the service of summons was found in the docket.  Absent valid execution within the time prescribed by law, the case should have been dismissed by the court.
  • The Minutes, which were found in the case docket, listed no name of a Deputy Clerk, and should therefore be deemed invalid.
  • Requests, which were filed with the Clerk of the US Court, for copies of missing critical litigation records and for the NEFs remain unanswered. [[iii],[iv]] 
With it, litigation of the Commonwealth of Virginia v Sebelius joins the pattern, which was previously seen in litigation of cases of the highest policy significance:
  • SEC v Bank of America Corporation - by Judge Jed Rakoff in the US District Court, New York [[v],[vi],[vii],[viii]]
  • Log Cabin Republicans v USA et al - by Judge Virginia Phillips in the US District Court in California. [[ix],[x][xi],[xii]]
The pattern in these cases and others, of fraud in the US courts from coast, to coast is not partisan. 

However, based on review of numerous cases in the US courts from coast to coast, a patter does emerges:
  • US judges consistently collude with large financial institutions in undermining banking regulation and in bankrupting the United States;
  • US judges consistently collude with government and large corporations in abuse of the rights of the people;
  • US judges consistently undermine the rule of law in the United States;
  • Corruption of the offices of the clerks, from the US District Courts, through the US Courts of Appeals, to the US Supreme Court is essential part of this conduct; [[xiii]]
  • Fraud related to electronic certificates of authentication/attestation by the clerks is essential to the fraud in the courts, as is the case in fraud related to foreclosure cases (robo signatures);
  • Attorneys for the US agencies (DOJ, SEC) readily participate in the charades;
  • US media report such cases, without ever informing the public that the litigation records in these cases could never be deemed valid pursuant to the US law, and
  • Legal scholars in the US fail to expose the fraud or speak up. 
LINKS:
[i] 11-02-16 Re: Commonwealth of Virginia v Sebelius (3:10-cv-00188) in the US District Court, Eastern District of Virginia - Constitutional challenge to the Obama Health Care Law - US DOJ FOIA Request and Response (145-FOI-10449)
http://www.scribd.com/doc/49553713/
[ii] 11-01-13 Press Release: Commonwealth of Virginia v Sebelius in the US District Court -Constitutional Challenge to the Obama Health Care Law - Appears as Deliberately Invalid Litigation
http://www.scribd.com/doc/46836277/
[iii] 11-01-13 Re: Commonwealth of Virginia v Sebelius (3:10-cv-00188) in the US District Court Eastern District of Virginia - Constitutional challenge to Obama's Healthcare law - Request for Certification of the PACER Docket
http://www.scribd.com/doc/46834168/
[iv] 11-01-13 Re: Commonwealth of Virginia v Sebelius (3:10-cv-00188) in the US District Court Eastern District of Virginia - Constitutional challenge to Obama's Healthcare law - Request for Litigation Records from the Clerk of the Court
http://www.scribd.com/doc/46832863/
[v] 10-12-19 RE: Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Addendum to Request for Investigation-impeachment of Judge Rakoff and Clerk Krajick
http://www.scribd.com/doc/45644678/
[vi] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/46616530/
[vii] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/46616530/
[viii]  11-02-05 Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York, in Re Conduct of Lindner v Amex (1:10-cv-02228)
http://www.scribd.com/doc/48244479/
[ix] 10-12-06 Log Cabin Republicans v USA (2:04-cv-08425) at the US District Court, Central District of California: Don't Ask Don't Tell - Evidence of Another Pretense Litigation by Judge Virginia Phillips
http://www.scribd.com/doc/44771304/
[x] 10-12-07 Press Release: Request for investigation, impeachment proceedings where appropriate, in re TERRY NAFISI - Clerk of the US Court, Central District of California-s
http://www.scribd.com/doc/44820392/
[xi]   11-01-08 Press Release: Don't Ask Don't Tell - Motion to Intervene, Requesting the US Court of Appeals to Dismiss the Appeals from an Uncertified Judgment
http://www.scribd.com/doc/46528428/ 
[xii] 11-02-09 Press Release: Don't Ask, Don't Tell - the US Court of Appeals, 9th Circuit Insists on Conducting a Pretense Appeal from a Pretense Judgment of the US District Court
http://www.scribd.com/doc/49070315/
[xiii] 11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER
http://www.scribd.com/doc/47539382/

29 comments:

Human Rights Alert (NGO) said...

I could only look at the first case before my eyes slammed shut on their own...

I don't see the Commonwealth of VA appealing this determination - do you wonder why that is?
Posted 9 hours ago by "userID1" (R)

Human Rights Alert (NGO) said...

I don't love the bill, just figure out how to make it affordable.
Posted 8 hours ago by "dcmfox" (R)

Human Rights Alert (NGO) said...

The people did not want this jammed down their throats.
Posted 8 hours ago by "paintedrider" (R)

Human Rights Alert (NGO) said...

Corruption in the U.S. justice system is normal and acceptable
That's how they roll
Posted 8 hours ago by "The_Illuminati" (R)

Human Rights Alert (NGO) said...

Quoted comment: I don't love the bill, just figure out how to make it affordable.

And I love to fly, just figure out how to turn off gravity.
Posted 8 hours ago by "wharris" (R)

Human Rights Alert (NGO) said...

Everyone else in the world has more affordable care then us, so what just keep it as is?
Posted 8 hours ago by "dcmfox" (R)

Human Rights Alert (NGO) said...

http://alturl.com/i32q3

This might explain why it can be more affordable elsewhere.
Posted 8 hours ago by "wharris" (R)

Human Rights Alert (NGO) said...

Nice smokescreen. Would you like to explain how the commerce clause gives congress the right to manadate a person buy something simply because they breathe air and have a beating heart?

The law is unconstitutional, as we speak. So the Obama Administration is breaking the law by trying to execute it without a stay.
http://www.huffingtonpost.com/2011/01/31/health-care-reform-ruling_n_816257.html

Who is paying you to be here, jz12345?
Posted 7 hours ago by "fishwagon" (R)

Human Rights Alert (NGO) said...

I wonder just how much corruption Americans are prepared to be victimized by before we take the law of the land into our own hands and boot these crooked judges and legislators into jail where they belong, along with the likes of obama, the clintons, al gore, a couple of bushes, and cheney.

The obamacare IS un-Constitutional and unacceptable period.
THERE IS NO FREE LUNCH!

Posted 7 hours ago by "Gusr" (R)

Human Rights Alert (NGO) said...

Don't we take the law into our hands every election?
Posted 6 hours ago by "wharris" (R)

Human Rights Alert (NGO) said...

You're right, we do, and if we get a large enough turnout voting in the Constitutional direction WE WILL GET IT DONE!
Posted 6 hours ago by "Gusr" (R)

Human Rights Alert (NGO) said...

Meanwhile, we can't get a valid copy of Obama's birth certificate.....but, uh....that's okay. Opening shot of a list of crap foisted on this country's people by the liberal socialists in the name of their pied piper, but why bother; that in and of itself lays the track for everything else we've had forced down our screaming throats.

And you think I give two shits about this clap-trap? Dumb-ass.....
Posted 6 hours ago by "Bogenschutze" (R)

Human Rights Alert (NGO) said...

Oh brother...where to begin. I will type slowly for whatever idiot came up with this.

"No valid summons was found in the case docket, only summons, which was missing the seal of the court. The US law requires that the summons be issued with a signature of the clerk of the court and under the seal of the court. Absent valid summons, the litigation is invalid from its start.
No valid record of execution or waiver of execution of the service of summons was found in the docket. Absent valid execution within the time prescribed by law, the case should have been dismissed by the court."

BULLSHIT. ONLY if the party who is the subject of a summons files a motion to dismiss for lack of adequate service does the court have an obligation to consider any of this. if the party files and answer to the summons within the prescribed period then the manner of notification is mute. Notification has taken place and has been acknowledged. Moron.

"The Minutes, which were found in the case docket, listed no name of a Deputy Clerk, and should therefore be deemed invalid"

Who cares? They are courtesy shorthand which condense sometimes hours of events into a paragraph to serve as a brief description of events. They are not legal documents, nor do they hold any authority. The transcript from the court reporter is the word for word record of proceedings...and this ain't it. Silly.

"No judgment was ever entered in the case."

BULLSHIT. Read it here liar;
http://www.washingtonpost.com/wp-srv/metro/docs/Hudson_ruling.pdf

"US DOJ provided false and deliberately misleading records instead of the requested electronic certificates of authentication by the Clerk of the Court (NEFs - Notices of Electronic Filing)".

What the hell are you talking about? Documents are filed electronically through PACER, the national EF system for all federal courts. Records of all filings can be accessed online by ANYONE. Lunatic.
Posted 3 hours ago by "gregsto" (R)

Human Rights Alert (NGO) said...

With all due respect, etc...
Posted 3 hours ago by "gregsto" (R)

Human Rights Alert (NGO) said...

Quoted comment: I could only look at the first case before my eyes slammed shut on their own...

I don't see the Commonwealth of VA appealing this determination - do you wonder why that is?

No.

That would be a good trick since the summary judgment was in their favor.
Posted 3 hours ago by "gregsto" (R)

Human Rights Alert (NGO) said...

"The law is unconstitutional, as we speak. So the Obama Administration is breaking the law by trying to execute it without a stay."

No, it is not. And no the administration is not breaking ANY law. Only a federal judge can issue an injunction to order the administration to refrain from implementation. Such an injunction by a single federal judge, who is one of two that has issued a ruling of unconstitutionality while two others have found it constitutional, would be overturned by an appellate court in an emergency appeal before the ink was dry. Federal district court judges do not issue final rulings on acts of congress since all such rulings are appealed and always decided in a higher court...quite often contrary to the lower courts interpretation.
Posted 3 hours ago by "gregsto" (R)

Human Rights Alert (NGO) said...

Quoted comment:
Quoted comment: I could only look at the first case before my eyes slammed shut on their own...

I don't see the Commonwealth of VA appealing this determination - do you wonder why that is?
____
No.

That would be a good trick since the summary judgment was in their favor.
____
Shhh...he's still trying to figure it out...
Posted 2 hours ago by "userID1" (R)

Human Rights Alert (NGO) said...

Dear userID1:

Sorry if my writing is too technical. As always, I have to restate it in simpler terms.

In US Courts from coast to coast, US Judges are engaging in a charade. They got the sets (the courthouses), they got the cast and extras (court personnel), they got the wardrobes (black robes), they got the props (court papers, etc), all at taxpayers expense.

Using this tax payer sponsored production facilities, they produce acts that they themselves never believe to be part of the US justice system. However, the production is very realistic, and the public at large believe that it is in fact reality plays.

They perform these acts even in the most highly reported cases, as listed in the posting.

Relative to your specific question: Virginia had no reason to appeal, since they purportedly won the case.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 51 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

Quoted comment: I don't love the bill, just figure out how to make it affordable.

Dear dcmfox:

I would like to make a clear distinction:
The posting is not about the Obama healthcare law. The same way, the postings regarding Log Cabin Republicans were not about gays in the military.

In all these cases, I just review the integrity of court records, and whether there was any validity to the proceedings. In the cases, which were listed in the original posting, and in numerous others, the conclusion was that US judges were deliberately engaging in a charade. They enacted litigation which they themselves never believed was part of true US court actions pursuant to US law.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 48 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

Don't we take the law into our hands every election?

Dear wharris:

Regarding fraud in digital voting machines I did not bother to make any postings. There are numerous postings on the subject from well established civil rights organizations and the highest reputation computer experts in the USA, from Carnegie Mellon and Cal Tech.
And yet:
* The US and state governments refuse to fix the problems.
* Jimmy Carter goes around the world to oversee the integrity of elections elsewhere.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 40 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

Quoted comment: Meanwhile, we can't get a valid copy of Obama's birth certificate.....but, uh....that's okay. Opening shot of a list of crap foisted on this country's people by the liberal socialists in the name of their pied piper, but why bother; that in and of itself lays the track for everything else we've had forced down our screaming throats.

And you think I give two shits about this clap-trap? Dumb-ass.....

Dear Bogenshutze:

Again, I never took a stand in my postings regarding the failure of Obama to present his birth certificate. However, I did post records from the US Supreme Court, showing fraud by William Suter in SCOTUS records pertaining to litigation of cases pertaining to the birth certificate that made it to SCOTUS.

Link is provided in the original posting to a request to impeach SCOTUS clerk William Suter.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 37 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

Dear gregsto:

I believe that you need to read again the Federal Rules of Civil Procedure, and also the Civil Case Management Manual of the Federal Judicial Center.

You further failed to address the failure of the clerks of the US courts to certify authentication/attestation of any of the records in the cases that are subject of the discussion.

The readers on here do not like too much legalese, so you should do this as an independent study.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 34 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

Dear gregsto:

Since you appear to be a legal expert, perhaps you can explain to the public at large in simple language the situation regarding Log Cabin Republicans v USA et al:

* first judgment was issued for the USA et al.
* the first judgment was never overturned through any judicial proceedings.
* the case was listed as "closed" by the court.
* then Judge Virginia Phillips appeared in the same case with no assignment order.
* four years after the first judgment was issued, Phillips issued the opposing judgment in the same case. The Phillips judgment was in favor of Log Cabin Republicans.
* the Phillips judgment was never listed in the Judgment Index of the court. Only the opposing first judgment was listed.
* The clerk of the US court refuses to certify the docket or the Phillips judgment in the case.
* Yet, the US court of Appeals is now running an appeal from the Phillips judgment.
* The US Court of Appeals refuses to explain why it would not dismiss an appeal from a judgment that is fraud on its face, for lack of jurisdiction.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 15 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

I'm sorry to be so dense - this must be awfully frustrating for you. If you could "dumb it down" once more for me and explain how Commonwealth of VA v Sebelius supports the following statement of yours:
"* US judges consistently collude with government and large corporations in abuse of the rights of the people"?

Thank you in advance.

Posted 4 hours ago by "userID1" (R)

Human Rights Alert (NGO) said...

Dear userID1:

Please don't take offence, I am often told that my writing is too dense!

Regarding your specific question:

Conduct of litigation based on fraud in US court records must be deemed violation of the Human, Constitutional, and Civil rights all who reside in the United States.

This position was taken regardless of the subject matter of the litigation. I decided to examine the records in the case only because it was a high profile case, not because I had any position on gays in the military.

However, I was stunned to find records that were evidently fraud.

There simply is not way to explain the records in the case as anything other than fraud by Judge VIRGINIA PHILLIPS and Clerk TERRY NAFISI.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted very recently by "jz12345" (R)

Human Rights Alert (NGO) said...

It was not done AFTER an entry of judgment to dismiss, or AFTER the case was closed. The order granting the motion to dismiss based on a failure to show standing by having at least one log cabin republican who was affected by DADT, contains the stipulation that the plaintiff is granted the opportunity to file an amended complaint showing standing within 30 days otherwise the order is final. It all was done at the exact same time...and is not rare at all. Perfectly legal, judicial, fair, etc. It also saves the defendant from having to file another motion to dismiss in 30 days if the Plaintiff fails to file the amended complaint, and saves the court additional time also while not harming the plaintiff.

And this is a dismissal, easily reversed without effect...not a judgment for millions.

Human Rights Alert (NGO) said...

Dear gregsto:

Regarding of your long typing, you failed to address some of the fundamental facts:

1) The clerk of the US District Court, Central District of California, refuses to certify the docket or the judgments in Log Cabin Republicans v USA et al.

2) The clerk of the US District Court, Eastern District of Virginia, refuses to certify the docket or the judgment in Virginia v Sebelius.

3) The clerk of the US Court of Appeals, 9th Circuit, opened a docket for the appeal in Log Cabin Republicans v USA et al without having the parties file the required certificates pertaining to the purported judgment from the US District Court.

4) The clerk of the US Court of Appeals, 9th Circuit, refuses to certify the docket in the appeal of Log Cabin Republicans v USA et al.

5) All orders in the appeal of Log Cabin Republicans v USA et al are unsigned.

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted very recently by "jz12345" (R)

Human Rights Alert (NGO) said...

Dear gregsto:

"PACER

We go to pacer.gov and choose either a docket viewing pacer link or either CM/EMF link for a particular court depending on what our task is.

Look, I understand that your argument is that online dockets fail to reflect all of the mandated, hand added authentications and significants required of the hard copies. But while this is not as ideal as it could easily be...it is not fraud, not against the law, not a significant burden on parties.

As for your allegations that federal courts are refusing the public access to court documents which are clearly public record, without cause, I cannot speak to as I have no information. I am reticent to accept your representation however since your previous representations are in the majority, false."

Again, your response reflects basic lack of knowledge of the system:
1) There is no way to enter CM/ECF through PACER. There simply is no public access to CM/ECF.
2) There is no such thing as "hand added authentications". It is all electronic today.

It is fraud, since some of the records, which are published in PACER are authenticated, while others are not.

The public has no access to CM/ECF. Therefore, the public cannot distinguish, which records are authenticated, valid and effectual court orders and judgments of "good faith and credit".

In fraud terminology, this type of fraud is called "Shell Game Fraud", or "Confidence Trick".
Posted 5 mins ago by "jz12345" (R)

Human Rights Alert (NGO) said...

PLEASE ALSO NOTICE MY RECENT POSTING:

Prof Erwin Chemerinsky is Asked to Take a Stand on US Court Corruption:
http://www.liveleak.com/view?i=417_1298730345

LINKED IN IT, IS A LETTER BY OVER 100 US LAW PROFESSORS, ISSUED LAST WEEK, CALLING UPON THE US CONGRESS TO ENACT ENFORCEABLE RULES OF CONDUCT PERTAINING TO THE JUSTICES OF THE US SUPREME COURT.

SUCH RULES WOULD BE UNPRECEDENTED IN THE HISTORY OF THE UNITED STATES.

THE CALL BY LAW PROFESSORS TO ENACT SUCH RULES SPEAKS VOLUMES ABOUT THEIR VIEW OF THE INTEGRITY OF THE US COURTS TODAY, FROM SCOTUS DOWN...

Joseph Zernik, PhD
Human Rights Alert (NGO)
Posted 1 min ago by "jz12345" (R)