11-01-21 Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the ‘Don’t Ask, Don’t Tell’ Litigation

Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the 'Don't Ask, Don't Tell' Litigation

In their opposition to the Motion to Intervene, the Log Cabin Republicans failed to do the obvious - provide the Certificate of the October 2010 Judgment.  The challenge claims that a ruling on the matter would have a major impact on integrity of the courts and the Civil Rights of all under the 9th Circuit and beyond.

Los Angeles, January 21 - in his Motion to Intervene, [1] Dr Joseph Zernik of Human Rights Alert (NGO) challenged the validity of the US District Court's October 2010 Judgment in Log Cabin Republicans v USA, pertaining to the US Armed Services policy of 'Don't Ask, Don't Tell'. 

Dr Zernik informed the Court of Appeals that the litigation of Log Cabin Republicans v USA in the US District Court was conducted in apparent violation of Due Process and First Amendment rights, and should be deemed invalid:

�        No Certification was filed of the October 2010 Judgment; absent such certification, the Judgment should be deemed null and void.

�        The Clerk of the US District Court refuses to provide a copy of the Certificate, in apparent violation of First Amendment right to access court records to inspect and to copy.

�        The Clerk of the US District Court also refuses to certify the docket of the case.

Even absent the Certificate of the October 2010 Judgment, Dr Zernik provided evidence from the US District Court�s docket that the litigation in Log Cabin Republicans v USA should be deemed invalid from start to end:
�        Two US Judges appeared in the case, both with no Assignment Orders. Absent Assignment Order in a specific case, a US judge has no authority to adjudicate in the matter.
�        In 2004 Judge Schiavelli issued a judgment in the case, in favor of the United States. The judgment was listed in the docket as "entered", and was listed in the Judgment Index of the Court. Consequently, the case was deemed "closed" by court staff. 
�        The 2004 Judge Schiavelli Judgment was never overturned through an appeal, or any other judicial proceedings.
�        In 2010 Judge Phillips appeared in the case and issued the opposing judgment, in favor of the Log Cabin Republicans. The 2010 judgment was again listed in the docket as "entered", but was not listed in the Judgment Index of the Court.

Attorneys for Log Cabin Republicans filed on January 11, 2011, their opposition to Zernik's Motion to Intervene. [2] The succinct opposition states:  "Proposed Intervenor Zernik has no known connection to this case, nor any known interest therein...  Neither party has invited the participation of this individual..."

In their opposition the Log Cabin Republicans failed to do the obvious - provide a valid Certificate of the October 2010 Judgment.  It is greatly doubted that a Certificate in fact exists.

Moreover, the Log Cabin Republicans' opposition ignored the core arguments in the Motion to Intervene:

�          Dr Zernik's stated interest in the case was based on similar litigation in a Civil Rights matter in the US District Court, Central District of California, where court records were uncertified, but published in the online docket in a misleading manner as valid court records. Dr Zernik claimed that any ruling on such conduct by the US District Court would have substantial impact on the Civil Rights of all under the 9th Circuit.
�          Dr Zernik claimed that the US Court of Appeals had no authority to run an appeal in an uncertified judgment.
�          Dr Zernik claimed that no party should have any interest in conduct of an appeal from an uncertified judgment.

In particular, the Log Cabin Republicans may find themselves now inconsistent with their basic position regarding the underlying 'Don't Ask, Don't Tell' policy.  Their objection to 'Don't Ask, Don't Tell' was founded on allegations of abuse of the Civil Rights of gays in the Armed Services.  The Log Cabin Republicans' opposition to the Motion to Intervene never challenged the alleged violations of Due Process and First Amendment rights that were inherent to the conduct of the litigation in the US District Court.

The lack of response on the Motion to Intervene by others was of significance as well:

�        The US Department of Justice, which filed its own appeal in the matter, has not opposed the challenge to validity of the litigation in the US District Court.

�        The US District Court itself continues to refuse to provide a Certificate for the October 2010 Judgment.

The US Court of Appeals, 9th Circuit, issued a January 18, 2011 Order stating:

                The pending motions by proposed intervenor Joseph Zernik shall be addressed in a separate order.

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LINKS:
[1] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets (Dkt # 39-47):
http://www.scribd.com/doc/46516034/
[2] 11-01-21 Log Cabin Republicans v USA (10-56634, 10-56813) - Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the 'Don't Ask, Don't Tell' Litigation: Opposition (Dkt #49), and Order (Dkt #52):
http://www.scribd.com/doc/47323178/
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Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.

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