11-01-12 Welcome Dominican Republic - Last New Visitor! // Bienvenida Republica Dominicana - Visitante Mas Reciente! // 欢迎多米尼加共和国- 最后的新访问者！

Last New Visitor Dominican Republic Visited January 13, 2011

11-01-12 House Republicans Remove "Civil Rights" and "Labor" From Committee Names // Los Republicanos Eliminar "Derechos Civiles" y "Trabajo" de nombres Comité // 众议院共和党删除“公民权利“和“劳动“的委员会任命

House Republicans Remove "Civil Rights" and "Labor" From Committee Names
Nadia Prupis, Truthout: "House Republicans have renamed several Congressional committees by changing or removing certain hot-button words such as 'civil rights' and 'labor' from their titles. The Education and Labor Committee became the Education and Workforce Committee, while the Subcommittee on Constitution, Civil Rights, and Civil Liberties is set to be renamed the Constitution Subcommittee."
Read the Article 

11-01-12 Welcome France - Last New Visitor! // Bienvenido Francia - Visitante Mas Reciente! // 欢迎法国- 最后的新访问者！

Last New Visitor France Visited January 12, 2011

11-01-12 Assange Defense in London - US Human Rights Violations... // Defensa Assange en Londres - EE.UU. Violaciónes Derechos Humanos ... // 国防部在伦敦阿桑格- 美国侵犯人权...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Information Clearing House Newsletter

News You Won't Find On CNN
January 11, 2011
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

What U.S. "Justice" Signifies Around The World

By Glenn Greenwald

We have the spectacle of Julian Assange's lawyers citing the Obama administration's policies of rendition and indefinite detention at Guantanamo as a reason why human rights treaties bar his extradition to any country (such as Sweden) which might transfer him to American custody.
http://www.informationclearinghouse.info/article27245.htm

===

WikiLeaks Founder Said to Fear 'Illegal Rendition' to U.S.:

 

Lawyers acting for Julian Assange, the founder of the WikiLeaks antisecrecy group, said on Tuesday they would argue against a demand for his extradition to Sweden on the grounds that he might subsequently face "illegal rendition" to the United States, risking imprisonment at Guantánamo Bay, or even the death penalty.
http://www.nytimes.com/2011/01/12/world/europe/12assange.html?_r=1

11-01-12 The Dollar on the Skids - Financial Recklessness // El dólar de los patines - Imprudencia financiero // 关于走下坡路美元- 金融鲁莽

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Information Clearing House Newsletter

News You Won't Find On CNN
January 11, 2011
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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US Dollar 'Unstable' Reserve Currency

 

By Press TV

 

Sarkozy considered the current model which uses the US dollar as the primary reserve currency as "unstable" and stressed that it "makes part of the world dependent on American monetary policy."
http://www.informationclearinghouse.info/article27239.htm

===

Wage Drop Has Been Worst In Decades

 

By William Alden

 

Wages for American workers have fallen dramatically since the financial crisis, in what will likely turn out to be the worst such plunge since the Great Depression, the Wall Street Journal reports.
http://www.informationclearinghouse.info/article27241.htm

===

Geithner Says U.S. Insolvent

 

By Michael S. Rozeff

 

The U.S. government is insolvent. Who says so? Timothy F. Geithner, the U.S. Secretary of the Treasury.
http://www.informationclearinghouse.info/article27238.htm

===

Reagan Budget Director Warns
America Has 'Reached The Point Of No Return

 

By Nathan Diebenow

 

"There are no real seriously armed enemies left in the world that can possibly justify an $800 billion national defense and security establishment, including Homeland Security."
http://www.informationclearinghouse.info/article27237.htm

 

11-01-12 Welcome Germany - Last New Visitor! // Bienvenido Alemania - Visitante Mas Reciente! // 欢迎德国- 最后的新访问者！

Last New Visitor Germany Visited January 12, 2011

11-01-12 Welcome the Russian Federation - Last New Visitor! // Bienvenido Russia - Visitante Mas Reciente! // 欢迎俄罗斯联邦- 最后的新访问者！

Last New Visitor Russian Federation Visited January 12, 2011

11-01-10 Rabbi Susan Leider of Temple Beth Am, Los Angeles, Endorsed the Petition: Stay the Execution of Kevin Cooper, Impose a Moratorium on the Death Penalty in California // Rabina Susan Leider de Bet Templo Am, Los Angeles, hiza suya la petición: suspender la ejecución de Kevin Cooper, imponer una moratoria sobre la pena de muerte en California // 拉比寺贝丝苏珊莱德早上，洛杉矶，赞同该请愿书说：留在凯文库珀执行处以死刑的加州暂缓

Rabbi Susan Leider
Temple Beth Am, Los Angeles

Rabbi Susan Leider of Temple Beth Am, Los Angeles, Endorsed the Petition: Stay the Execution of Kevin Cooper, Impose a Moratorium on the Death Penalty in California

Los Angeles, January 10 - Rabbi Susan Leider of Temple Beth Am, Los Angeles, endorsed  the call upon California Governor Jerry Brown to:

• Stay the execution of Kevin Cooper
• Impose a moratorium on the death penalty in California.

The petition was also endorsed by:

• Rabbi Sharon Brous, Ikar Synagogue, Los Angeles;
• Dr William Epps, Pastor of the Second Baptist Church, Los Angeles;
• Rabbi Michael Lerner, of Beyt Tikkun, Berkeley;
• Rabbi Chaim Seidler-Feller, UCLA Hillel; 
• Rabbi Shmuly Yanklowitz, Uri L'Tzedek (Orthodox Social Justice Movement), and Rabbi Sharon Brous, Ikar Synagogue, Los Angeles .

As noted in the petition itself, reasonable doubts remained regarding the guilt of Kevin Cooper, which led five federal judges to take issue with their colleagues' decision to put a stop to Cooper's appeals.

Corruption of the justice system in California has been repeatedly documented for over a decade in official, scholarly, and media reports:

• Thousand of Rampart-FIPs (Falsely Imprisoned Persons) - mostly black and Latinos - victims of court corruption in Los Angeles County, which was uncovered in the Rampart scandal investigation (1998-2000), remain imprisoned to this date.
• The official Blue Ribbon Report (2006) recorded the Judges of the Los Angeles Court objecting to their release, since it would lead to "collapse of the justice system". 
• The official Blue Ribbon Report (2006) concluded that the Los Angeles Superior Court "must be investigated". 
• Widespread corruption of government in general, and the courts in particular, in San Bernardino County was repeatedly reported by media.
• The United Nations Human Rights Council report (2010) referred to "corruption of the courts and the legal profession and discrimination by law enforcement in California".
• The United Nations Human Rights Council report (2010) also called upon the US to abolish the death penalty.

During his tenure as California Attorney General, prior to his election as Governor, Jerry Brown refused to take action regarding corruption of the California courts. 

One of his first decisions (December 2010) as Governor Elect was to eliminate the state's Office of Inspector General.

The petition calls upon California Governor Jerry Brown to stay the execution of Kevin Cooper and to impose a moratorium on the death penalty in California.

Given the widespread corruption of the California government, religious leaders have been asked to spearhead the call for corrective actions.
___

PLEASE SIGN THE PETITION AT:
http://www.thepetitionsite.com/1/stop-cooper-execution-end-death-penalty-in-caifornia/
___



Target: California Governor Jerry Brown:
We, the undersigned call upon Governor Schwarzenegger to stop the execution of Kevin Cooper and impose a moratorium on the death penalty in California:

1. Reasonable doubts remain regarding the guilt of Kevin Cooper
The legal effort to prevent the execution of Kevin Cooper has run its course. Unless the governor of California intervenes, Cooper is likely to be put to death next year for the brutal 1983 murders of a Chino Hills couple, their 10-year-old daughter and an 11-year-old houseguest.
Just one eyewitness survived the horrific scene, a 9-year-old boy whose throat had been sliced. His initial account of the attack is one of many disturbing contradictions that led five federal judges to take issue with their colleagues' decision to put a stop to Cooper's appeals.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/12/EDG81GP0I7.DTL#ixzz18BGZmaQA

2. Corruption of the justice system in California was well-documented for over a decade.
Official, scholarly, and media reports have documented the corruption of the justice system in California for over a decade.
Reports of the Rampart corruption scandal (1998-2000) established that thousands of innocent persons were falsely imprisonment for long terms through framing of evidence, extraction of confessions under torture, and perjury of police.  The victims - the Rampart-FIPs (Falsely Imprisoned Persons) - mostly blacks and Latinos, were estimated by various groups at 10,000-30,000.  Regardless, judges of the Los Angeles Court have refuses to free the Rampart-FIPs, and the US Department of Justice refuses to take action either.

Read more: Rampart-FIPs (Falsely Imprisoned Persons) - Review; Rampart-FIPs - Rampart First Trial PBS Frontline: Rampart False Imprisonments; 06-07-15 Rampart Reconsidered: LAPD's Blue Ribbon Review Panel Report (2006); 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action; 09-09-11-Former-San-Bernardino-County-Superior-Court-Presiding-Judge-Michael-Welch-suspect-in-real-estate-fraud-cases-under-the-guise-of-court-actions;   10-12-21 Brown to Eliminate State Office of Inspector General - Los Angeles Times

3. "Corruption of the courts and the legal profession" in California was noted in a recent report of the United Nations Human Rights Council, which called upon the US to abolish the death penalty.As part of the first ever Universal Periodic Review (UPR) of Human Rights in the United States by the Human Rights Council of the United Nations, official report noted %u201Ccorruption of the courts and the legal profession%u201D in California.
The United Nations Human Rights Council also called upon the United States to abolish the death penalty.

Read more: http://www.scribd.com/doc/38566837/ ;http://www.scribd.com/doc/42218232/

4.  Therefore, the Governor of California should stop the execution of Kevin Cooper and impose a moratorium on the death penalty in California.Under conditions that today prevail in the justice system in Los Angeles County and California, it is inconceivable to continue with executions.  California Gov Arnold Schwarzenegger should stop the execution of Kevin Cooper and impose a moratorium on the death penalty in California.
___
PLEASE SIGN THE PETITION AT:
http://www.thepetitionsite.com/1/stop-cooper-execution-end-death-penalty-in-caifornia/
___

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.

http://www.scribd.com/Human_Rights_Alert
http://human-rights-alert.blogspot.com/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "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
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?*     "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)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "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)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/

11-01-11 Welcome Taiwan - Last New Visitor! // Bienvenido Taiwan - Visitante Mas Reciente! // 欢迎台湾- 最后的新访问者！

Last New Visitor Taiwan Visited January 11, 2011

Request for Investigation, Impeachment of US Judge Jed Rakoff, Clerk Ruby Krajick filed with US Congress pertaining to conduct of litigation of the Merrill Lynch BofA merger // Fraude en los EE.UU. Tribunales y Bancos // 欺诈在美国法院和银行

  

                        
US Judge Jed Rakoff; BofA President Brian Moynihan; SEC Chair Mary Schapiro

Request for Investigation, Impeachment of US Judge Jed Rakoff, Clerk Ruby Krajick filed with US Congress pertaining to conduct of litigation in Securities and Exchange Committee v Bank of America Corporation in the US District Court, Southern District of New York

The US Government coerced merger of Merrill Lynch and BofA involved alleged criminality by US and BofA senior officers, including Brian Moynihan and Ben Bernanke.  US Judge Jed Rakoff and Clerk Ruby Krajick engaged in conduct of invalid litigation in alleged violation of the US law, and the publication of null and void court records in alleged violation of their Oaths of Office, as part of efforts to cover-up the alleged criminality by senior BofA and US officers.

Los Angeles, January 10 - Human Rights Alert (NGO) and Joseph Zernik, PhD [[i]] filed with the US Congress Committees on the Judiciary, Banking Regulation, and Rules repeat request for impeachment of US Judge Jed Rakoff, Clerk Ruby Krajick pertaining to conduct of litigation in Securities and Exchange Committee v Bank of America Corporation in the US District Court, Southern District of New York. [[ii]]

        New evidence was provided, derived from SEC's FOIA responses

The new request included new records, derived from Freedom of Information Act responses by SEC, as additional evidence in support of the request for impeachment: [[iii], [iv],[v]]
�         September 21, 2009 letter, as evidence of service of the complaint, but not of summons;
�         Invalid unsigned summons as to Bank of America Corporation, as summons issued by clerk;
�         Statements to the effect that there were no further responsive records pertaining to service/waiver of summons, other than the September 21, 2009 letter, no records of the unrecorded minutes, and no records of two off-the-record proceedings in the case.

Human Rights Alert (NGO) has previously filed requests for impeachment of US Judge Jed Rakoff and Ruby Krajick and detailed analysis of the litigation under Securities and Exchange Committee v Bank of America Corporation. [[vi],[vii],[viii]]

The requests for impeachments alleged that US Judge Jed Rakoff and Clerk Ruby Krajick colluded in:
�        Appearance of Judge Jed Rakoff as a Presiding Judge in the litigation with no Assignment Order and with no authority;
�        Conducting proceedings with no recorded minutes;
�        Conducting off the record proceedings;
�        Issuing rulings and orders on motions, which were never docketed;
�         Conducting the entire litigation in alleged violation of the Federal Rules of Civil Procedure;
�         Construction of a false and deliberately misleading PACER docket in the case by unauthorized court personnel, and
�         Denial of access to the summons and to the electronic certificates of authentication/attestation (NEFs Notices of Electronic Filing) of minutes, orders, and the judgments.

        Further evidence, not yet discovered was identified.

The request further alleged that additional evidence in support of the impeachments was likely to be found once the electronic certificates of authentication/attestation by the Clerk pertaining to the minutes, pre-judgment orders, and judgment in the case are discovered.
The office of Clerk Ruby Krajick has refused repeated requests for access to the NEFs, to inspect and to copy, in alleged violation of First Amendment rights.
          
Cover-up of alleged criminality related to the merger of Merrill Lynch and BofA was the alleged motive of conduct of Judge Jed Rakoff and Clerk Ruby Krajick

The matter underlying the litigation of Securities and Exchange Committee v Bank of America Corporation is claimed of the highest public policy significance. It originated from events surrounding the merger of Merrill Lynch and Bank of America Corporation:
�         The wrongful coercion of the merger by senior US Government officers;
�        Taking of ~$5 billion in bonuses by banking executives, while providing stockholders and SEC false and deliberately misleading reports, and
�        The ouster of the then Bank of America General Counsel Timothy Mayopoulos in the midst of the merger negotiations, and his replacement by BRIAN MOYNIHAN, today Bank of America President, in order to facilitate such conduct.

The request for impeachment alleged criminality in the underlying matter by senior Bank of America officers including, but not limited to, President Brian Moynihan, and senior US officers including, but not limited to Chairman of the Federal Reserve Ben Bernanke in the matter.  The request for impeachment alleged that US Judge Jed Rakoff and Clerk Ruby Krajick engaged in false and deliberately misleading conduct in the litigation, in order to cover-up such alleged criminality.

Additional evidence of the alleged criminality related to Bank of American and President Brian Moynihan, and/or Chairman of the Federal Reserve was provided through records produced by then New York State Attorney General, [[ix]] through Dr Zernik's Affidavit in the matter, [[x]] and through complaints, previously filed, but never reviewed by SEC and the US Controller of the Currency. [[xi]]

        Additional evidence is expected this month through a WikiLeaks release

The request for impeachments has claimed that "there is no need for a WikiLeaks release in this matter, abundant reliable evidence already exists of criminality by Bank of America Corporation and its senior officers, and cover-up of the same by the US Court."  It has further claimed that unless conduct of the US courts is addressed, there is no chance of restoring honest banking regulation in the United States.

____

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.

http://www.scribd.com/Human_Rights_Alert
http://human-rights-alert.blogspot.com/

LINKS
[i] 11-01-06 Joseph Zernik, PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[ii] 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) s
http://www.scribd.com/doc/46616530/
[iii] 10-09-09 SEC FOIA Response No. 10-03964-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - a) September 21, 2009 letter evidencing service of the complaint upon Bank of America Corporation, and b) unsigned summons as the record of summons issued by clerk and summons as served
http://www.scribd.com/doc/46608559/
[iv] 10-12-17 SEC FOIA Response No. 11-01069-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - again referring to the unsigned summons in SEC FOIA Response No. 10-03964-FOIA as the record of summons as issued by clerk
http://www.scribd.com/doc/45502385/
[v] 11-01-07 SEC's FOIA Additional Response No. 11-01069-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - clarifying that there are no records of a) the service/waiver of the summons as to Bank of America Corporation, b) the unrecorded minutes, c) the off the record proceedings.
http://www.scribd.com/doc/46553546/
[vi] 10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation, Impeachment Proceedings Where Appropriate
http://www.scribd.com/doc/44669382/
[vii] 10-12-08 RE: Securities and Exchange Commission v Bank of America Corporation(1:09-cv-06829) - Request for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
http://www.scribd.com/doc/44908376/
[viii] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
http://www.scribd.com/doc/44663232/
[ix] 09-04-23 RE: SEC v BAC (1:09-cv-06829) - State of New York Attorney General Andrew Cuomo Letter to US Congress and analysts' responses:
http://www.scribd.com/doc/41079990/
[x] 09-09-09 SEC v Bank of America Corporation (1:09-cv-06829) Dr Joseph Zernik's Affidavit and Appendices in opposition to settlement-then-pending-before the court
http://www.scribd.com/doc/26910915/
[xi] 10-06-11 Complaints Filed with Office of Comptroller of the Currency and SEC against Countrywide, Bank of America (NYSE:BAC), and Brian Moynihan - alleging fraud and extortion on Dr Zernik, fraud on shareholders, on banking regulators, and on the US taxpayer
http://www.scribd.com/doc/32907453/

11-01-08 Jeremy Marks - Abused for Viedotaping Police Abuse in Los Angeles // Jeremy Marcas - Abuso de Viedotaping abusos de la policía en Los Angeles // 杰里米马克斯- 对于Viedotaping在洛杉矶警察滥用权力的滥用

US police wage war on cameras

SOURCE: http://rt.com/usa/news/usa-police-videotaping-cameras-freedom/

Today’s high tech world has made it a lot easier to videotape police, but it may have also made it more dangerous.

Cell phone video captured a tense confrontation at a bus stop between a student and a Los Angeles police officer last May. The incident landed 18 year-old Jeremy Marks in jail facing a possible seven year prison sentence.The problem, as the video shows, Marks did not have any physical contact with the officer. Marks’ crime was simply videotaping the police officer.

The video shows Marks standing near the police officer with his cell phone out.He was arrested a short time later and was stuck in jail because his family could not afford the $155,000 bail set by the judge.

A Google engineer, who heard the story, stepped in and paid for Marks’ bail so he could spend Christmas with his family.

This is not the first time that someone has faced major legal trouble after capturing a police officer on video.

Last April, Anthony Graber posted a video on You Tube, which showed a Maryland police officer pulling a gun on him. Days later, Graber was arrested and faced up to 16 years in prison for recording a cop. The official charges were violating wiretapping laws and possession of an intercept device.

Law enforcement is citing decades old laws to address technology that has only been around for a few years, leaving people uncertain of when recording becomes a crime.

http://rt.com/usa/news/usa-police-videotaping-cameras-freedom/

11-01-08 Welcome Malaysia - Last New Visitor! // Bienvenido Malaysia - Visitante Mas Reciente! // 欢迎马来西亚- 最后的新访问者！

Last New Visitor Malaysia Visited January 9, 2011

11-01-08 US Judge, US Representative Shot // Juez de EE.UU., Representante de EE.UU. Asesinado // 美国法官，美国代表铅球

----------------------------------------
Breaking News Alert: Gunman who shot Rep. Gabrielle Giffords purchased gun legally, law enforcement sources say
January 8, 2011 7:59:08 PM
----------------------------------------
According to law enforcement sources, Jared Loughner, the alleged Arizona gunman who shot Rep. Giffords and killed five others, including Federal judge John M. Roll, used a Glock 19, a semi-automatic pistol that was legally purchased on Nov. 30 at Sportman's Warehouse in Tucson.
http://link.email.washingtonpost.com/r/6041ZA/WLBRRR/9KDTNA/P2WUS5/XWILX/N9/h
For more information, visit washingtonpost.com
---------------------------------------

U.S. District Judge John Roll, the chief federal judge in Arizona, also was confirmed dead.
Update: Federal Judge, Congressional Aide, Child killed in shooting - NewsChannel 9 WSYR

Federal Judge JRoll faced death threats in 2009 after presiding over a $32 million civil-rights lawsuit, the Arizona Republic reported John Roll Killed In Arizona Shooting | TPMMuckraker

Federal Judge John Roll Killed In Arizona Shooting | TPMMuckraker

When Roll ruled the case could go forward, Gonzales said talk-radio shows cranked up the controversy and spurred audiences into making threats. In one afternoon, Roll logged more than 200 phone calls. Callers threatened the judge and his family. They posted personal information about Roll online.
"They said, 'We should kill him. He should be dead,' " Gonzales said.
><>>>>>>>>>>>>>
Judge Roll in 2009, faced death threats after presiding over a $32 million civil-rights lawsuit. The lawsuit was filed by illegal immigrants against an Arizona rancher. After Judge Roll ruled the case would be certified, threats came from talk-radio shows which fueled controversy and spurred audiences into making threats against the judge^[2].  

11-01-08 ‘Don’t Ask Don’t Tell’: Motion to Intervene, Requesting the US Court of Appeals to Dismiss Appeals from an Uncertified Judgment, was Posted in the Docket.// Los registros no válidos en los EE.UU. Tribunales // 无效的记录在美国法院

Los Angeles, January 8 – Human Rights Alert (NGO) founder, Dr Joseph Zernik’s [i] Motion to Intervene in the appeals in Log Cabin Republicans v USA et al has been posted in the dockets of the US Court of Appeals, 9th Circuit, [ii] and is now pending before the Court.

The Motion and concomitantly filed papers have not addressed the controversial ‘Don’t Ask, Don’t Tell’ policy itself, and have not sided with either of the parties in the case - the Log Cabin Republicans, or the US Department of Justice. Instead, the Motion has limited itself to arguments regarding the validity, or lack thereof, of the uncertified October 2010 Judgment, from which the appeals were taken. The motion has also addressed the validity, or lack thereof of the docket of the US District Court, Central District of California in the case, as a whole, and the implementation of the US District Court’s online public access and case management systems (PACER and CM/ECF).


Outline of Dr Zernik’s papers, filed under the Appeals in Log Cabin Republicans v USA et al


1) The Motion to Intervene - provides the legal foundation for Dr Zernik’s right to intervene. The main arguments are that neither Log Cabin Republicans, nor the USA raised the issues entered by Dr Zernik. In addition, Dr Zernik, and all who are similarly situated under the 9th Circuit, have vital interest in the rulings by the US Court of Appeals, 9th Circuit, regarding the matters. In particular, Dr Zernik’s interest originates in another uncertified judgment, issued by the US District Court in 2009. The 2009 Judgment purports to dismiss his Civil Rights complaint, which alleged racketeering by Bank of America, its senior executives, and others, in the State of California Courts.

2) The Request for Lenience for Pro Se – points out that the filer is not an attorney. As such, he is entitled to lenience pursuant to the law of the United States, and is not required to elaborate on relevant legal theories. Instead, the Motion to Intervene focuses on the facts in the underlying matters.

3) The Motion for Declaratory Mandate in re: Joseph Zernik v Jacqueline Connor et al (2:08-cv-01550) - The uncertified April 24, 2009 Judgment in Zernik v Connor et al was, is, and always will be void, not voidable – provides evidence that in the litigation of Zernik v Connor et al all judicial and clerical records are invalid. All such records, without exception, from the commencement of the litigation to its purported dismissal were issued with invalid certificates of authentication/attestation by the Clerk of the Court (NEFs – Notices of Electronic Filing). Absent valid such certifications, the records should be deemed null and void.



During the litigation itself Dr Zernik was denied access to the NEFs, and it took many months and repeated requests before he was permitted access to the records in his own litigation – to discover that it was invalid from start to end.

4) The Motion for an Order to Show Cause in re: Log Cabin Republicans v USA et al (2:04-cv-08425) and the uncertified October 12, 2010 Judgment on USA and Log Cabin Republicans - Why instant Appeals should not be dismissed for lack of jurisdiction and/or mootness – provides evidence that the Clerk of the US District Court has refused to certify the docket of the litigation in Log Cabin Republicans v USA et al (2:04-cv-08425), and also refused to permit access to the certification of the purported October 2010 Judgment, in apparent violation of First Amendment rights. The US Court of Appeals holds jurisdiction to conduct appeals only from valid and effectual, certified judgments, not from void ones. The parties, Log Cabin Republicans and the USA, should not have any interest in running an appeal from a null and void judgment either. Therefore, the motion called upon the US Court of Appeals to order the parties to explain why the appeals should not be dismissed.

Although no access has been permitted to the certification records, the Motion claims that sufficient evidence is found in the PACER docket to conclude that none of the judicial and clerical records posted in it are valid and effectual: US Judges George Schiavelli and Virginia Phillips appeared as Presiding Judges 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 PACER docket as “entered”, and was listed in the Judgment Index of the Court. Consequently, the case was deemed “closed” by court staff. However, access to the certification of the 2004 judgment is denied.

The 2004 Judge Schiavelli “Judgment” was never overturned through an appeal, or any other judicial procedure.

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 PACER docket as “entered”, but was not listed in the Judgment Index of the Court. Access to the certification of the 2004 judgment is denied as well.

5) The Motion for a Declaratory Mandate: The NEFs are court records subject to the First Amendment rights – addresses the ongoing denial of public access to the certification records (NEFs) in the US District Court in Log Cabin Republicans v USA et al (2:04-cv-08425), and in other cases of interest as well. The Motion seeks the US Court of Appeals’s help, in declaring that the NEFs, as court records, are subject to the First Amendment rights. Therefore, the public must be permitted to inspect and to copy the records. Absent access to the NEFs, there is no way that the public can ascertain, which of the papers, posted in the PACER dockets, are valid and effectual, and which ones are null and void.

6) The Motion for Declaratory Mandate: The NEFs, as currently drafted, are invalid as electronic certificates of authentication/attestation by the Clerk; the US District Court shall immediately draft valid electronic certificates of authentication/ attestation by the Clerk – compares the language of the NEFs to the language of Certificates of Service, which were previously used by the clerks of the US courts, prior to implementation of CM/ECF. The NEFs are found invalid as certification records, for failing to include the statement “I certify…”, and for failing to include the name and signature of the individual, who issues the purported certifications, and his/her authority as a Deputy Clerk.

7) The Motion for Declaratory Mandate: Establishment of CM/ECF in the US District Court through the General Order 08-02 amounts to Deprivation of Rights – addresses the validity, or lack thereof, of the key order of the US District Court, which implemented CM/ECF. The Order was published with no name and no signature of an authorized US Judge, and with no certification by the Clerk. The Clerk of the US District Court has refused to provide a signed and certified copy of the Order, and it was likely that no such copy exists. The Motion also claims that establishment of CM/ECF should have been established through Local Rules of Court, pursuant to the Rulemaking Enabling Act, and not through a General Order. Moreover, the Motion states that in the General Order 08-02, the US District Court established two separate and unequal classes: Authorized attorneys are permitted access to the certification records (NEFs), while the public and pro se filers are not. Therefore, the public and pro se filers are denied the right to distinguish between valid and effectual court records, and ones which are null and void.

8) The Request for Incorporation by Reference – brings to the US Court of Appeals’ attention records from other cases in the US district courts, which support the claims in Dr Zernik’s filing, including, but not limited to, cases from the US District Court, central District of California, where invalid NEFs were discovered.

9) The Request for permission to obtain CM/ECF password – asks the US Court of Appeals to permit pro se filer, Dr Zernik, to access CM/ECF, similar to that is permitted to the other parties - Log Cabin Republicans and the USA.

Remaining doubts regarding validity of the filing and docketing of Dr Zernik’s papers


Upon examination of the papers, as posted online in the PACER dockets of the US Court of Appeals, it was noted that none of the papers, which have been filed by Dr Zernik, were signed by the Clerk of the US Court of Appeals, in the designated spaces, to certify filing and docketing of the papers. Therefore, even in the Appeals themselves, there is no way for the pro se filer to ascertain that the online publication of the papers was indeed deemed by the US Court of Appeals as valid and effectual filing and docketing of the papers.
While waiting for the Court’s ruling on his request for permission to access CM/ECF, Dr Zernik requested that the Clerk of the US Court of Appeals, 9th Circuit, provide paper or email copies of the certification records (NDAs - Notices of Docket Activity). [iii] The NDAs are deemed by the US Court of Appeals as the certifications of authentication/attestation by the Clerk, similar to the NEFs in the US District Court.
PACER and CM/ECF fail to meet basic standards of validation and authentication in electronic government systems.

As part of the transition to electronic administration of government, the US Congress passed the E-Government Act (2002) [iv] and the E-sign Act (2000). [v] The US Department of Homeland Security’s Presidential Directive - 12 (2004) further established policies for validation and authentication of electronic systems and electronic records of the executive branch agencies, [vi] and standards were accordingly promulgated. [vii,viii]

Dr Zernik’s Motion points out that the US courts’ records fail to meet such basic standards for electronic government systems and electronic government records, as implemented both in the US and abroad. [ix, x,xi,xii] As a result, the electronic records of the US court are rendered vague and ambig

As noted in his biography, [xiii] Dr Zernik has gained substantial experience in examination of large-scale corporate and government electronic systems. His opinions in these matters are supported by notable experts in the relevant fields. Two reports on similar matters, authored by Dr Zernik, have also been published in peer-reviewed international computer science journal, with editorial board listing computer science scholars from six European nations and Canada. [xiv, xv] Human Rights Alert’s submission to the United Nations Human Rights Council (HRC), on related matters, was also reviewed and incorporated into the official Staff Report of the HRC, as part of the first-ever UPR (Universal Periodic Review) of Human Rights in the United States. [xvi]

Proposed Corrective Actions


Human Rights Alert and Dr Zernik have sought corrective measures regarding the US courts’ online public access and case management systems through both the US courts and the US Congress:

1) US Court of Appeals, 9th Circuit
Dr Zernik claims in his filing, that any ruling by the US Court of Appeals, 9th Circuit, on the matters raised in his papers, is likely to exert profound impact on the integrity of US court records under the 9th Circuit and beyond.

2) US Congress
Human Rights Alert proposes that the following measure, enacted by US Congress as federal rules of electronic court records or equivalent, can also address the integrity of US court records:

a) The clerks of the US courts should be placed under the direct authority of the US Attorney General.
Similar provisions were introduced in the Salary Act (1919), and were credited with restoring the integrity of the offices of the US clerks.

b) Procedures inherent to the operation of case management and online public access systems of the courts should be established by law.
Implementation of the online public access and case management systems of the US courts amounted to establishing of new court procedures. The new court procedures should be established by law, as required by Due Process. Validation of the systems must be undertaken prior to their installation, in a manner that is both legally and publicly accountable – e.g. through agencies under control of the legislative branch.

c) Certification and authentication of judicial records should be clear and unambiguous.
Records, which the clerks of the US courts are required to enter in the PACER dockets should be clearly defined. The entry of such records should include the name, authority, and digital signature of the person, who entered the records, in a publicly accessible manner. Calendars, Docket Activity, Reports, Related Transactions Reports, and entries in the Judgment Index should be treated in the same manner.

d) Public access to judicial records to inspect and to copy should be restored.
All court records should be publicly accessible, pursuant to First Amendment, Due Process, and Public Trial rights, including, but not limited to all authentication records, unless such access is lawfully denied.

e) Valid and effectual authentication records (NEFs) should be re-drafted.
The certificates of authentication of the US District Courts (NEF – Notices of Electronic Filing) should be re-drafted, to form valid authentication records. Valid digital signatures should be affixed on the certificates by individuals, when issued, including visible names and authorities, as symbols of intention to take responsibility.

f) Counsel and pro se litigants should be permitted equal access to the US courts.
Counsel should not be permitted to enter court records in the dockets with no prior review under the authority of the clerks. Pro se litigants and counsel should be given equal standing in access to the US courts.

g) Counsel who engaged in fraud through unauthorized court appearances should be prosecuted to the full extent of the law
It is suggested that appearances by unauthorized counsel, as documented in the Motion, are likely to decrease, or even disappear, once all counsel appearances are subjected to pre-approval by the clerks. Regardless, the law should be enforced on counsel, who engage in Fraud on the Court.

h) Similar provisions should be applied to the courts of the several states
Key provisions of legislation pertaining to the online public access and case management systems of the US courts should also apply to the courts of the several states.
Notice of the Motion was forwarded to the Chairs of the Senate and House Committees on the Judiciary, Banking, and Armed Services, since matters, which were outlined in the Motion pertained to undermined integrity of the US court records, undermined banking regulation, and management of the armed forces.

LINKS

i 11-01-06 Joseph Zernik, PhD, Biography
http://www.scribd.com/doc/46421113
ii 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 riled papers, as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
iii See [i], above.
iv 03-01-07 E-Government Act (2002) HR2458 Final - USA
http://www.scribd.com/doc/46429557/
v E-sign Act (2000) - USA
http://www.scribd.com/doc/46516104/
11-01-08 NIST-CSRC-Guidance on E-Sign Implementation in Federal Agencies - USA
http://www.scribd.com/doc/46516618/
vi 04-08-28 DHS _ Homeland Security Presidential Directive 12_ Policy for a Common Identification Standard for Federal Employees and Contractors – USA
http://www.scribd.com/doc/46428296/
vii 05-08-05 m05-24- Office of Management and Budget: Memorandum for the Heads of All Departments and Agencies in re: Homeland Security Presidential Directive 12 – USA
http://www.scribd.com/doc/46428607/H
viii 10-09-28 Innovative Uses of SCAP-Developing a Government-Funded SCAP-Validated Application/ Internal Revenue Service /National Security Agency - USA
http://www.scribd.com/doc/46426854/
ix 04-08-26 Design of Finance Service Platform of E-government - China

http://www.scribd.com/doc/46431545/
x 11-01-06 Government Information System of Veneto Region _ ePractice - Italy
http://www.scribd.com/doc/46427357/
xi 07-06-02 Yi-Shun Wang Assessing eGovernment Systems Success a Validation of the DeLone and McLean Model of Information Systems Success - Taiwan
http://www.scribd.com/doc/46426397/
xii 10-01-22 El Kadhi, N. Karoui, S. Ghedira, K. El Kadhi, N. Karoui, S. Ghedira, K. Certificates Chain Construction and Validation in E-Government System - Bahrain
http://www.scribd.com/doc/46425394/
xiii See [i], above.
xiv Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining 1:69-83 (2010)
http://www.scribd.com/doc/38328585/
xv Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems, International Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010)
http://www.scribd.com/doc/38328591/
xvi 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 UPR of Human Rights in the United States, as incorporated into the UPR Staff Report:
http://www.scribd.com/doc/38566837/

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.

http://www.scribd.com/Human_Rights_Alert
http://human-rights-alert.blogspot.com

11-01-08 Obama Signs Law, Decries Its Limits on Transfer of Guantanamo Detainees // Nueva ley prohíbe el cierre de Guantánamo el Centro de Detención // 新法律禁止在关塔那摩湾拘留中心关闭

Obama Signs Law, Decries Its Limits on Transfer of Guantanamo Detainees
Margaret Talev and Carol Rosenberg, McClatchy Newspapers: "President Barack Obama on Friday reluctantly signed into law a military-funding bill that limits him from transferring terrorism detainees from Guantanamo Bay, Cuba, to the U.S. or foreign countries, but he signaled that he may get past the restrictions by using non-Pentagon resources to get the job done. Even as he reserved that right, it wasn't immediately clear to what degree the president still may capitulate to political pressure between now and his 2012 re-election campaign to keep detainees off U.S. soil and out of civilian courts."
Read the Article