Thursday, July 7, 2011

11-07-07 Requests filed with US Congress and US Attorney General Eric Holder to restore the integrity of the electronic record systems of the US courts // La corrupción de los tribunales de EE.UU. // 美国法院的腐败

The US courts implemented with no legal authority invalid electronic record systems.  The systems enable the routine conduct of simulated litigation and undermine the rights of the People and the rule of law, while benefiting large corporation and financial institutions. Corruption of the US courts is a key cause of the current financial crisis, which is often overlooked. Corruption of the US courts has reached the level of an unprecedented constitutional crisis.

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Emacs! []
Los Angeles, July 7 – Joseph Zernik, PhD, of Human Rights Alert (NGO) filed requests with the US Congress and US Attorney General Eric Holder to perform their duties and restore the integrity of the electronic record systems of the US courts. [[i],[ii]]

The electronic record systems of the US courts undermine the rule of law.
The Administrative Office of the US Courts implemented with no public oversight invalid public access (PACER) and case management (CM/ECF) systems in the US courts, which undermine the integrity of US court records, and with it – integrity of the courts themselves.

The systems enable the routine conduct of simulated litigation in cases before the US courts: [[iii]]
  • No valid summonses are issued, docketed, or executed;
  • Judges appear with no valid assignment orders;
  • Attorneys appear, who are not authorized by any party, and
  • Minutes, orders, and judgments are published online, which are deemed by the US courts themselves as void.
The key deficiency identified in the systems pertain to:
  • Invalid electronic authentication records, which are hidden from public access in apparent violation of First Amendment and Due Process rights, [[iv]] and
  • Failure to publish valid Rules of Courts or establish the new court procedure in the law.
Conditions, which now prevail in the US courts, are routinely employed to undermine the rule of law, to benefit financial institutions, large corporations, and government officials, and to effectively deny individuals access to the courts to protect their rights. [[v]]
Proposed corrective measures
The requests offered specific corrective measure, including:
  • Restoring the integrity of the offices of the clerks of the US courts; [[vi]]
  • Enactment of federal rules of electronic court records, and
  • Ongoing monitoring of the courts’ electronic record systems by the People and computing professionals
The US is in the midst of a constitutional crisis
As documented in a number of impeachment requests, previously filed by Dr Zernik with the US Congress, [[v]] corruption of the US courts is a key cause of the current financial crisis, which is often overlooked.

“Corruption of the courts and the US justice system has reached the level of a constitutional crisis, the like of which has not been seen since the Civil War,” says Dr Zernik, “The People are deprived of life, liberty, and property with no due process of law.” [[vii], [viii]] 
Joseph Zernik, PhD
Human Rights Alert (NGO)
Joseph Zernik, PhD, of Human Rights Alert (NGO) has gained substantial experience in recent years in analyzing fraud in the electronic records of the state and US courts.  His opinions on these matters were supported by official report of the UN Human Rights Council, by the opinions of highly-reputed law enforcement and computer science experts, and by peer-review in international computer and criminology journals and conferences. Submission he authored on behalf of Human Rights Alert (NGO) for the Universal Periodic Review (UPR) of Human Rights in the United States by the Human Rights Council of the United Nations was incorporated into the official 2010 UPR report with reference to “corruption of the courts and the legal profession...” [[ix]]

[i] 11-07-06 Request filed with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts w Windsor
[ii] 11-07-07 Request for US Congress to restore the integrity of the electronic public access and case management systems of the US courts
[iii] Simulated Litigation, Simulated Minutes, Orders, Judgments, Dockets are used here in the sense established in the Texas Penal Code:
Texas Penal Code
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
        (1)  induce payment of a claim from another person;  or                      
        (2)  cause another to:                                                       
            (A)  submit to the putative authority of the document;  or                
(B)     take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[iv] May 20, 2011 NEF (Notice of Electronic Filing) in the US Courts Electronic Filing System (CM/ECF)
[v] 10-04-07 Sieverding et al v United States Government (1:09-cv-00562) in the US District Court, Washington DC – in re: Arrest and Imprisonment by Federal Agencies - Alleged Impeachable Misconduct by US Judge John D Bates
10-12-30 Lewis et al v Gleason et al (1:10-cv-01850) in the US District Court, Colorado – Opinion Regarding PACER Docket and Court Records in a Civil Rights Matter
10-12-30 Press Release: Fraud on the Court Opined in Litigation in Civil Rights Matter, Presided by US Judge Christine Arguello, US District Court, Colorado (Sieverding v) 
11-05-30 PRESS RELEASE: Judge Richard Leon, US District Court, DC – master of the “Leave to file denied”
11-06-20 Impeachments Investigation of Judge John Walter, Magistrate Carla Woehrle, Clerk Terry Nafisi, and others in the US District Court, Central District of California, in re: Fine v State Bar (2:10-cv-00048) s
11-07-02 Request for Impeachments US Judge O’Tool, Clerk Thornton, Both of the US District Court, Massachusetts s
[vi] Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
[vii] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux?
[viii] 11-06-24 Time Magazine - 4th of July Issue: Does the Constitution Still Matter?
[ix]11-05-08 Joseph Zernik, PhD, Biographical Sketch
Human Rights Alert (NGO)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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* Foreclosure fraud: The homeowner nightmares continue
CNN (April 7, 2011)
About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Paul Krugman, MIT (2011)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006) /_____________________________
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
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Transcript of Senator Leahy speech (2009)