Month: June 2020

Proposal to form an international team to research judges’ unaccountability and consequent riskless abuse of power; and in reliance on the international public’s mood that led to the MeToo! movement and the protest against police brutality develop a movement to hold the far more abusive judges accountable for their performance and liable to compensation

http://Judicial-Discipline-Reform.org/OL2/DrRCordero-International_Team.pdf

By

Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
http://www.Judicial-Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com

Editor Jacob Jude, International Journal of Educational Research and Review (IJER) ijerr@spectacularjournals.org, ijerr.spectacular@gmail.com, contact_us@spectacularjournals.org

Prof. Mortimer Sellers, University of Baltimore, msellers@ubalt.edu
Prof. James Maxeiner, University of Baltimore, jmaxeiner@ubalt.edu
Prof. Tania Sourdin, Newcastle Law School, Australia, tania.sourdin@newcastle.edu.au
Prof. Archie Zariski, Athabasca University, Canada, archiez@athabascau.ca
and
researchers, law and journalism professors, multidisciplinary experts, the media, students, and Advocates of Honest Judiciaries

Dear potential team members and Advocates,

  1. Thank you, Editor Jude, for your email calling for papers for the International Journal for Educational Research and Review.
  2. Thank you, Professors Sellers, Maxeiner, Sourdin, and Zariski for your work on “The Responsive Judge: International Perspective”, published by Springer.
  3. Kindly consider this article‡ a submission to each of you for publication.
  4. This article sets forth a proposal for join forces in a multidisciplinary team of researchers, experts -such as those in law, journalism, Information Technology, statistics, and fraud and forensic accounting (FFA)-, students, and the media, to undertake library research and field investigation reasonably calculated in light of precedent and current events to form an international civic apolitical movement to:
    aaaaa a. expose judges’ unaccountability and consequent riskless abuse of power;
    bbbbbb. enable the abusees to assemble in local chapters to demand compensation; and
    ccccccc. reform the judicial and legal system through transformative change.

    A. The root of judges’ abuse of power is that of police’s: unaccountability

    5. You and your counterparts at thousands of professional reviews and journals publish scores of thousands of articles and notes every year written by professors, experts, and students. But do they make a difference by improving the quality of the judicial and legal system? To answer this question these official statistical facts, taken from the U.S. context for illustrative purpose, are outcome-determinative:
    a. In the last 231 years since the creation of the Federal Judiciary in 1789, the number of federal judges impeached and removed is 8!(*†>jur:21§a; for(* †>blue footnote-like references) see infra §B) To gauge the implications of that number compare it against the 2,340 federal judicial officers on the bench on September 30, 2019.
    b. Federal judges dismiss 100%(*>jur:10-11; †>OL2:548, 748) of complaints against them, which under the Judicial Conduct and Disability Act of 1980 -28 U.S.Code §§351-364 (jur:24fn18a)- must be filed with them, and deny 100% of petitions to review those dismissals.
    c.  Judges’ official statistics showing those rates of dismissals and denials are submitted to Congress as a public document in the Annual Report of the Director of the Administrative Office of the U.S. Courts(*>jur:21fn10), as provided for under 28 U.S.C. §604(h)(2)(jur:26fn23a; †>OL2:551fn1). The Administrative Office (AO) was established under §601, which empowers the Chief Justice of the Supreme Court to appoint its director and deputy director.

1) Those statistics show that the judges have arrogated to themselves the power to abrogate in effect an act of Congress intended to hold them accountable for the benefit of everybody.

2) Yet, year after year the politicians disregard those official statistics: They are the ones who recommended, endorsed, nominated, and confirmed the judges and thereafter protect them as ‘our men and women on the bench’…or else.

3) Indeed, politicians would not dare turn against their judges, whereby they would expose themselves to their devastating power of retaliation: Judges can hold unconstitutional any law and even the whole legislative agenda of a political party. Their power is so enormous that a single federal district judge, U.S. D.J. James Robart, suspended nationwide President Trump’s Muslim travel ban; and a panel of three appellate judges of the 9th Circuit upheld the suspension nationwide.

  1. The answer to the question is irrefutable: Judges could not care less what lawyers, professors, students, and editors crank out in their ‘publish or die’ articles, notes, and studies. Politicians do not dare care.
  2. Judges rely on the historic record of their irremovability in practice, which insures their impunity. Once a judicial nominee is confirmed to the federal bench, he or she is endowed with an attribute that no other officer has: a life appointment. From that moment on, that judge can for personal or judicial class gain or convenience abuse risklessly their power over We the People’s property, liberty, and all the rights and duties that frame our lives and shape our identities. They are unaccountable. Their ‘power is absolute; it corrupts them absolutely’(*>jur:27fn28).
  3. Federal judges and their Federal Judiciary are the model of their state counterparts. When a case is appealed from a state highest court to the Federal Judiciary, federal judges allow state judges to do everything that they allow themselves to do.
  4. The published articles, notes, and studies are irrelevant to federal and state judges. They cannot force judges to respect and enforce the due process and equal protection rights of the parties before them and those of the rest of We the People.
  5. Proposal based on a study and a website with proven public appeal
  6. The above statements rest on my two-volume professional study of judges and their judiciaries, titled and downloadable thus:

Exposing Judges’ Unaccountability and
Consequent Riskless Abuse of Power:
Pioneering the news and publishing field of
judicial unaccountability reporting* †

  1. My study cannot force judges to curb their abuse of power any more than articles and notes can. However, my study has proven its public appeal: I have posted many of its articles to my website Judicial Discipline Reform at http://www.Judicial-Discipline-Reform.org. They have elicited such a positive reaction in the countless visitors to it that 32,141 and counting have become subscribers(†>OL2:Appendix 3).
  2. An enhanced website as the initial research center with a program of activities
  3. That positive reaction to my posted articles can be broadened and intensified by enhancing that website as proposed in my business plan(†>OL2:1022). The enhancement can turn it, among other things, into:
  4. a clearinghouse for anybody to upload their complaints against judges’ abuse that they have suffered or the letters stating the abuse that they have witnessed, which today are unavailable because they are filed or submitted(†>OL2:645§A) to judges as secret documents; and
  5. a center for the research of those complaints and letters. The research can also include the type of document that sets my study apart: judges’ official statistics, reports, speeches, etc.(infra §H), which judges, as their authors, cannot contradict. Those documents can be used to show their abuse of power and impeach their honesty.
  6. As a result of such enhancement, the website can be run as a profit center under the guiding principle “Doing Justice While Making Money”(†>OL2:914)…for:

Every meaningful cause needs resources for its advancement;
none can be continued,
let alone advanced,
without money(infra §H).

  1. Strategy for introducing the issue of judges’ abuse on the world scene
  2. The enhanced website will be the appropriate digital office of the initial center for the international team of professionals and students to work at(*>jur:128§4). There they will be able to do justice through a robust program of concrete, reasonable, and feasible activities(†>OL2:978§E).
  3. To begin with, the proposed international multidisciplinary team can work on exposing the abuse of power that the judges of the Federal Judiciary in the United States have institutionalized as their modus operandi. That way we can build a shared treasure of experiences, concepts, techniques, templates(*>OL:280, 304), etc.
  4. Moreover, the hotly contested presidential campaign in the U.S. is being reported all over the world. If, as intended, the team manages to insert the issue of unaccountable judges’ riskless abuse of power in the campaign, it will also be reported on. This will lead the media and the public abroad to ask themselves, ‘are our judges abusers too?’
  5. That question will prompt the media and other researchers to report on the issue and thereby offer the answer demanded by the public. It will enable the members of the team to seamlessly shift the focus of their research onto the particular circumstances of their respective judiciary.
  6. By that time, it might be too late for judges abroad to retaliate against the media and researchers as they would have done had those judges been the first target of the reporting and of the characterization as abusers. The international movement has already started to form.
  7. A program of library research and field investigation activities
  8. This strategy justifies the type of document and source that the team can research at the beginning.

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_research_documents&sources.pdf

  1. The team’s activities include the application of both Information Technology and fraud and forensic accounting to perform statistical, linguistic, literary, and accounting analysis(*>jur:131§b; *>OL:255) of documents to detect patterns(†>OL2:792§A), trends(OL2:455§§B, D), and schemes(OL2:614, 929) of abuse of power. Analyzed will be the misleading mandatory(*>jur:65fn107.d) annual financial disclosure reports(*>jur:102§a and fn213b) that judges file to commit concealment of assets, tax evasion, and money laundering(*>jur:65fn107.c).
  2. The media can pursue the abundance of leads for their field investigation of judges and justices of the Supreme Court(*>OL:194§E).
  3. At the appropriate time, the research center based on the enhanced website can acquire a physical presence as an entity attached to a top university or think tank. There it will continue its activity, with franchises in other countries, as the Institute of Judicial Unaccountability Reporting and Reform Advocacy(*>jur:131§5).
  4. Forms of judges’ abuse of power that will outrage the public
  5. The team can begin researching concrete forms of judges’ abuse. Its findings together with those in my study will outrage the public. Those forms are stated hereunder only as blurbs; their summaries are at(†>OL2:1097§G) ; and their fuller discussion is in the(* †>references) and the linked articles:

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judicial_abuse_forms.pdf

  1. Senator Elizabeth Warren’s denunciation of judges’ self-enrichment by failing to recuse themselves and concealing their financial interests in cases before them and deciding them in their favor and to the detriment of parties and the rest of the public(†>OL2:1003)

http://Judicial-Discipline-Reform.org/OL2/DrRCordero-media_DARE.pdf

  1. Judges’ bankruptcy fraud scheme and its spread to Covid-caused bankruptcies(†>OL2:984)‡, whereby judges’ take advantage of, and aggravate people’s financial and emotional distress(*>jur:9; †>OL2:614)ϕ

‡ http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Thomson_Reuters.pdf

ϕ http://Judicial-Discipline-Reform.org/OL2/DrRCordero_how_fraud_scheme_works.pdf

  1. “The math of abuse” demonstrates judges’ failure to read most briefs, each of which costs a party $Ks and even $10Ks to produce and becomes a compensable waste(†>OL2:760).

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_do_not_read.pdf

  1. Judges’ interception of people’s emails and mail to detect and suppress those of their critics and prevent individuals from exercising their 1st Amendment right to “assemble [on the Internet or by letter] to petition the government for a redress of grievances”(OL2:1081, 781)

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_intercepting_emails_mail.pdf

  1. The sham hearings in the Federal Judiciary and Congress on judicial accountability, involving judges/politicians’ connivance and their fraud on witnesses and the public(†>OL2:1056)

http://Judicial-Discipline-Reform.org/OL2/DrRCordero-reporters_clerks.pdf

  1. The Chief Justice’s presiding over Trump’s impeachment trial with disregard for “traditional notions of fair play and substantial justice” can be invoked by anybody as precedent for refusing discovery on equal protection grounds and privileged communications(OL2:1040)

http://Judicial-Discipline-Reform.org/OL2/DrRCordero-parties_invoking_impeachment_trial.pdf

  1. Judges dismiss 100% of complaints against them, which must be filed with them, while politicians condone such self-ensured unaccountability, thus conniving to leave complain-ants uncompensated and the rest of the public at their mercy(*>jur:10-14; †>OL2:548, 748)

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_dismissal_statistics.pdf

  1. The abuse of power committed or tolerated by Supreme Court justices provides the grounds for asking P. Trump to authorize the release of the FBI vetting reports on them(†>OL2:1095§D). That will create its own set of outrage-provoking circumstances.

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_abuse_by_justices.pdf

  1. Precedents and current events make this proposal realistic and opportune
  2. People across the United States who deemed that they were taxed enough already gathered in local chapters to advance the single issue of reducing taxes. Those chapters coalesced into the Tea Party. In less than 10 years, they came to dominate American presidential politics.
  3. The articles exposing Harvey Weinstein’s decades-long unaccountable sexual abuse were published on October 5 and 10, 2017, by The New York Times and The New Yorker, respectively. They provoked public outrage. Within a week, they caused the eruption in our country and abroad of the MeToo! movement.
  4. The footage that the national TV networks broadcast of a white police officer kneeling for almost 9 minutes on the neck of George Floyd and killing him in cold blood, and the ensuing reports and interviews by journalists have outraged the national and international public. That outrage has forced municipal councils, state legislatures, and even Congress to debate the demand that the police departments be defunded and the funds be reallocated to establishing and running a civilian entity that offers social services and hold the remainder of the police departments accountable for the training and performance of their police officers.
  5. The cumulative effect of these precedents and current public outrage is that the public has been emboldened to shout ever more self-assertively the rallying cry:

Enough is enough!
We won’t take any abuse from anybody anymore.

  1. The presidential campaign offers the most opportune time for the public to be informed and become outraged
  2. This is the most opportune time to inform the national and international public about judges’ unaccountability and consequent riskless abuse of power. Outraged, the public can make that cry resonate most loudly and compellingly to protest their abuse and demand its full exposure:
  3. We are in the midst of a hotly contested presidential campaign. Politicians need to appear sensitive to public demands, lest the public deny them the donations, campaign volunteer work, and word of mouth approval that they so desperately need. The public is at its strongest. It can demand that politicians take a stand on the issue at every digital or physical townhall meeting and interview; and even hold nationally televised congressional hearings on judges’ abuse of power.
  4. If the public is informed of the nature, extent, and gravity of judges’ abuse of power, it can become so outraged as to force the judicial and legal system to undergo transformative change: Reform that today is unthinkable becomes unavoidable. It can include judicial services being controlled by the only civilian entity entitled to hold judges accountable: We the People, the sovereign source of all political power and masters of all public servants, even judicial public servants.(*>jur:158§6-8)
  5. The demand that the police be defunded and disbanded may be extended to their allies: the judges
  6. The demand for change will be all the stronger once the public realizes that the prosecution of all abusive police and the enforcement of any federal, state, or municipal version of the “Justice in Policing Act” will end up before judges who have the mindset of abusers. How would you feel as the chicken trying to hold the fox accountable before the wolf?
  7. In fact, judges count on the police to protect them. In light of the violent as well as peaceful huge demonstrations in hundreds of cities and even before the White House, judges will deem that if their own abuse of power is exposed, they will need the unwavering protection of the police. For judges to appear to be turning against the police would be suicidal.
  8. In the same vein, prosecutors need the cooperation of the police and must avoid retaliation by judges to make their cases(*>Lsch:17§C). If the judges let one police officer after the other be convicted and interpret and apply any ‘Justice in Policing Act’ without watering it down until it is harmless, or even held unconstitutional, the police can put pressure on prosecutors to investigate judges’ abuse forcefully.
  9. This means that judges, police, and prosecutors know that they have harmonious interests(†>OL2:593¶¶15-16) so intertwined that they stand together or hang together. They are biased toward each other, regardless of the detriment to the public. They cannot be trusted to hold each other accountable, much less liable.
  10. The realization that all the effort to hold police accountable and liable can be thwarted by judges, the police, and prosecutors looking after each other will further outrage the public. It will exacerbate its demand for change in a judicial and legal system that is rigged against the public.
  11. The call for unprecedented citizen hearings and compensation of abusees
  12. For the public to be outraged, it must first be informed. The media is indispensable. This explains the call for unprecedented citizen hearings.
  13. In addition to, or in the absence of, congressional hearings, citizen hearings will be held at university and media outlets and conducted by professors, journalists, and other experts. They will take the testimony of victims of, and witnesses to, judges’ abuse. Wherever they are, they will be able to participate inexpensively thanks to interactive multimedia broadcasting the hearings nationally. The experience gained during the Covid-19 lockdown with video conference platforms, such as Skype, Zoom, and Google Hangouts, will be put to good use: to do justice.

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_citizen_hearings.pdf

  1. The citizen hearings can boost significantly another potent motivator for the public to participate in forming the movement to hold judges accountable and liable: compensation of abusees by judges and their judiciaries for their abuse of power.
  2. The demand to be compensated will include the refund of court fees, the expense of briefs not read, and compensatory and punitive damages for fraud and deprivation of honest services. Abusees who have appeared or are appearing before the same judge or in the same court will gather in Tea Party-like local chapters to assert their demand joint(†>OL2:1074§C; *>OL:276§C). Springing up all over the country, they will be as forceful as the demonstrations against police brutality.
  3. Action requested to inform; and a presentation offered to form the team
  4. People who take action on a meaningful cause are the ones who make transformative change in their own interest and that of the rest of the world.
  5. Thus, I respectfully request that you approve this email as a submission and publish it as an article.
  6. In turn, I offer to make a presentation via video conference or in person to you and your guests on the proposed formation of the international team to expose judges’ unaccountability and consequent riskless abuse of power.
  7. Hence, you may share and post this email as widely as possible, making it especially available to professors, the media, lawyers, students, business developers, and civic organizations.
  8. To decide whether to organize such presentation you may watch my video together with its supporting slides(†>OL2:958) at:

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_video.mp4

http://Judicial-Discipline-Reform.org/OL2/DrRCordero_judges_abuse_slides.pdf

  1. You may use the information in the letterhead to contact me and discuss the presentation’s terms and conditions and its scheduling.
  2. Time is of the essence: There is less than 5 months to Election Day on November 3 in the U.S.
  3. The interception of emails containing this article and of replies to them
  4. Since June 12, I have repeatedly emailed the above article to you and the others in the above bloc of addressees; the 12 researchers cited in “The Responsive Judge”(supra ¶2); and thousands of other professors, members of the media, lawyers, and students. Yet, I have not received any acknowledgment of receipt, much less a comment on it. This is not possible but for the interception(supra ¶23.d) of replies to me.
  5. There is probable cause to believe that some of you have indeed replied to me: My website Judicial Discipline Reform at http://www.Judicial-Discipline-Reform.org has received so many visitors and they have reacted so positively to my articles posted there that 32,141+ have become subscribers to it. To subscribe, go to the site <left panel ↓Register or + New or   Users   >Add New.
  6. Those subscribers are likely educated and affluent people, who are attracted by college level text with no video or pictures. They are similar to the audiences of the likes of The New York Times, The New Yorker, The Washington Post, and TIME. They are apt to form an opinion and be articulate enough to express it by email, mail, or phone call. Yet, I do not receive any from them.
  7. In a country as divided as the United States and within a group of people with as different interests as professors, journalists, lawyers, and students, it is statistically impossible for 100% of thousands of them to have reacted in a unique way: ‘I won’t reply or otherwise communicate with Dr. Cordero’. Not even a single outlier so that the dependent variable on the Y axis has never risen above the origin point 0 regardless of the nature of the independent variable on the X axis. It is reasonable to conclude that some of you have replied to me but that your replies have been intercepted.
  8. To achieve such 100% effectiveness, the interceptor must intercept the communications of everybody in the population so as to detect and suppress those of people like me and you that it does not want reaching their addressees. The intelligence agencies, e.g., NSA; the companies that control the central nodes of the Internet, such as the large telephone and email service providers; and the USPS -see its Informed Delivery service- have the capacity to conduct such wholesale interception.
  9. The interceptor is likely to be an entity with the greatest interest in preventing me from communicating with you and you with each other because it is the target of my criticism and proposed expo-sure, to wit, unaccountable judges risklessly abusing their power(supra §C).
  10. Such interception is unquestionably illegal, cf. 18 U.S.Code §§2511 and 1030(*>OL:5a/fn13, 14).
  11. Graver still, it is an outrageous infringement on We the People’s right guaranteed by the First Amendment to the U.S. Constitution to “freedom of speech, of the press, the right of the people peaceably to assemble [through the Internet and on social media too], and to petition the Government [of which judges are the third branch] for a redress of grievances [including the collective demand as members of local chapters of abusees for compensation for the abused suffered]”(†>OL2:972¶1).
  12. If you find probable cause to believe that judges intercept the public’s communications, including yours, and it outrages you, you can seize this opportunity to join forces to expose it(supra §B.3).
  13. It is reasonable to expect that by joining forces and relying on the precedents of the Tea Party and the MeToo! movement(supra §D), and the current worldwide movement against police brutality, we can set in motion transformative change in a millennial impossible(*>jur:xlv§G) to compel historic reform(†>OL2:1093§B): We the People can end up holding judges accountable for their performance and liable to compensate their victims. That is change demanded by an honest belief that “Nobody Is Above The Law” or immune to the consequences of harming others in ‘government, not of men and women, but of the People by the rule of law’(*>OL:5fn6; jur:82fn172).
  14. To discuss the publication of my article; forming a team to set off an international movement to expose judges’ abuse by promoting citizen hearings and compensation(supra §E); and my offer to make a presentation to you and your colleagues(§F), I invite you to call me at +1(718)827-9521 until you have me on the phone. I speak English, Spanish, and French, and you can speak to me in German and Italian. You can write to me in any of those languages, but will your email reach me?
  15. Support Judicial Discipline Reform in its professional law research and writing, and strategic thinking

Visit the website at, and join its 32,141+ subscribers to its articles thus: http://www.Judicial-Discipline-Reform.org <left panel ↓Register or    + New   or   Users   >Add New

Put your money
where your outrage at abuse and passion for justice are.

Donate
through

Paypal,
https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=HBFP5252TB5YJ  or

at the GoFundMe campaign
https://www.gofundme.com/expose-unaccountable-judges-abuse

Dare trigger history!(†>OL2:1108)‡…and you may enter it.
‡ https://judicial-discipline-reform.org/OL2/DrRCordero-International_Team.pdf

Sincerely,

Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd.
Bronx, New York 10472-6506
United States
http://www.Judicial-Discipline-Reform.org
tel. +1(718)827-9521

https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b

Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, Corderoric@yahoo.com

NOTE: Given the interference with Dr. Cordero’s email and e-cloud storage accounts described at *>ggl:1 et seq., when emailing him, copy the above bloc of his email addresses and paste it in the To: line of your email so as to enhance the chances of your email reaching him at least at one of those addresses.

* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf