A call for journalists, media outlets, universities, and the rest of the public to join forces to tell their stories of judges’ abuse of power at UNPRECEDENTED CITIZENS HEARINGS

                http://Judicial-Discipline-Reform.org/OL2/DrRCordero_citizens_hearings_outrage_compensation.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

A. How commissioners compromised by conflict of interests render necessary unprecedented citizens hearings

1. The formation by President Biden of his Commission to study ways of reforming the Supreme Court was announced on April 9, 2021 (discussed in an article hereabove and also downloadable). The biographical note on each of the 36 commissioners shows that they are former law clerks to judges and justices (herein “judges” includes “justices”, unless the context indicates otherwise), and/or current law professors.

2. As former law clerks, the commissioners are bound by the confidentiality agreements that they signed with the judges in order to be allowed to clerk for them. While clerking, they did whatever the judges asked them to do because that was the only way of obtaining the one thing that mattered to them more than anything else: a glowing letter of recommendation that would determine whether they could get any of the jobs for which they would apply at the end of their clerkship.

3. As current law professors, who are employees or officers of their respective law school, they cannot afford to expose by themselves or through the witness of third parties any illegal or unethical acts or improprieties (hereinafter referred to as abuse of power) committed by judges individually or as a class. Doing so would make the professors and their schools run the risk of becoming the target of judges’ power of retaliation.  Wielded by judges with a life-appointment, it is devastating, for it arises from both a very long memory for holding grudges and their position to judge each other, which allows them to execute their implicit or explicit mutual exoneration agreement.

4. It follows that the commissioners are compromised by a conflict of interests. It prevents them from doing what is indispensable for any study intended to provide the basis for reforming the Supreme Court: the findings of fact of how the justices conduct themselves in the Court and in dealing with lower court judges, as opposed to the theory of constitutional law that describes their job.

5. Consequently, it is all but certain that the commissioners will not hold public hearings to allow the national public to bear witness to the abuse of power by judges that they have suffered or witnessed.

6. The commissioners’ interest in protecting themselves and their law schools justifies the proposal for holding unprecedented citizens hearings.

a. They are supported by the findings and arguments presented in my three-volume study* ^{† ♣} of judges and their judiciaries, the product of professional law research and writing, and strategic thinking. The study is titled and downloadable thus:

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

* Volume 1: http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page# up to prefix OL:page393

 ^† Volume 2: http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates2.pdf >from OL2:394-1143

^♣ Volume 3: http://Judicial-Discipline-Reform.org/OL3/DrRCordero-Honest_Jud_Advocates3.pdf >from OL3:1144-latest article

i.  Open the downloaded files using Adobe Acrobat Reader, which is available for free.

b. I  have also presented findings and arguments in the articles that I have written and posted to my website Judicial Discipline Reform at http://www.Judicial-Discipline-Reform.org. They have attracted so many webvisitors and the latter have reacted to them so positively that 40,242+ have become subscribers to it(Appendix3) as of November 12, 2021.

1) How many law firms, never mind lawyers, do you know who have a website with so many subscribers?

2) You can join the subscribers thus:
go to http://www.Judicial-Discipline-Reform.org <left panel ↓Register or
+ New   or   Users   >Add New.

B. Salient features of the unprecedented citizens hearings

1. The proposed citizens hearings are unprecedented because they will not be the traditional public hearings held in Congress or by another government entity, such as the Biden Commission.

2. Politicians are the very ones who after recommending, endorsing, nominating, and confirming judicial candidates to judgeships and justiceships, have connivingly protected them as ‘our men and women on the bench’ regardless of their abuse of power. Their sham hearings are pre-determined not to expose judges’ abuse and provoke their retaliation.

a. President Biden and the Democrats in the Senate nominated and confirmed, respectively, Judge Merrick Garland of the Court of Appeals for the District of Columbia Circuit, a former chief judge thereof, to become Attorney General. This fact provides probable cause to belief that they are committed to preventing any exposure of abuse of power by him and his fellow judges that could impair his authority and even lead to his resignation, e.g.:

b. Judge Garland abusively dismissed 100% of complaints filed under the Judicial Conduct and Disability Act of 1980(28 USC §§351-364) by anybody against any judge in his Circuit, as shown by the official statistics of his own Court submitted as a public document to Congress, as required under 28 USC §604(h)(2), in the Annual Report of the Director of the  Administrative Office of the U.S. Courts(§604(a)(3-4)), who is an appointee of the Supreme Court chief justice(§601).

c. Through such systematic dismissal of complaints and abusive abrogation in practice of that Act of Congress, Judge Garland covered up the abuse by his fellow judges complained about. He left complainants without any relief or compensation, and subjected litigants and the rest of the public to the riskless abuse of judges, thus assured of their unaccountability.

d. The chief judges of the other circuits do likewise;  their abuse is condoned by Chief Justice John G. Roberts, Jr. They grab gain and convenience for themselves risklessly in reliance on their tacit or implicit mutual exoneration agreement.  By so doing, they intentionally inflict injury in fact on the public, for a principle of the law of torts states that “a person is deemed to intend the reasonably expected consequences of their acts and omissions”. They ‘take with notice’ the liability resulting from their conduct…which the class of self-exonerating judges take off their shoulders.

1. The citizens hearings will also be unprecedented because it will not be the media that will tell the national public how judges abuse their power in fact. Instead, it will be citizens who will at the hearings tell the rest of the public how the most powerful officers in our nation have abused their power at the expense of its citizens.

2. To that end, the proposed unprecedented citizens hearings will be:

a. organized by journalists, media outlets, and universities;

b. conducted by panels of journalists and multidisciplinary professors and experts in Information Technology; electronic transfer of money; asset concealment; bribery involving credit and debit cards; tax evasion; off-shore tax heavens; money laundering; banking, securities, and bankruptcy fraud; white collar crimes; breach of the oath of office and the implied contractual covenant and official duty of good faith and “traditional notions of fair dealing and substantial justice”; etc.;

c. held onsite but mostly via video conference so that they do not involve expensive travel and room and board away from home;

d. transmitted to the national public live, through multimedia, and interactively so as to allow the receipt of the public’s feedback in real time; and made available on the citizens hearings website for later viewing and through podcasts;

e. focused on taking the testimony of victims of, and witnesses to, judges’ abuse of power, including current and former court/law clerks;

f. broad enough to expose the abuse committed and/or covered up by judges as well as the Supreme Court justices, whether the latter did so as lower court judges and/or are doing so as justices and circuit justices(28 USC §42) allotted to the several circuits for supervisory purposes;

g. affording the opportunity to advertise the formation of local chapters of abusees to jointly demand compensation from judges and their judiciaries for the abuse that they have committed as principals or enabled as accessories and as complicit supervisors; and

h. so outrage-provoking that the public will demand the formation of, and popular representation in, a grand jury-like commission to investigate, with subpoena, contempt, and indictment power, unaccountable judges and what they have turned into ‘their court system’: the State within a state.

C. Outrageous forms of abuse by judges that the citizens hearings will reveal

1. The stories told by citizens at their hearings will reveal abuse of power of such nature, extent, frequency, and gravity that it can only be the product of coordination among judges for use as their institutionalized modus operandi to run their judiciary as a racketeering enterprise.

2. Some forms of abuse will reveal that judges:

a. run a bankruptcy fraud scheme together with their “cronies”(*>jur:32§2) in the bankruptcy system;

b. according to none other than Sen. Elizabeth Warren, who dare reveal this form of abuse in her “I have a plan for the Federal Judiciary too”, its judges engage in ‘abusive self-enrichment‘ by failing to recuse themselves from cases in which they have a financial interest and resolving the ensuing conflict of interests in their favor to protect and/or increase the value of their interest. Sen. Warren attributes this abuse to judges’ unaccountability;

c. count a case involving a pro se –a person not represented by a lawyer– as one third of a case(>OL2:455§B) thus giving the case one third of the attention, research, and time that they normally give a case. Thereby judges deny pro ses “Equal Justice Under Law”. Nevertheless, they require pro ses to pay 100% of the cost of gathering facts through discovery, such as by deposing witnesses and consulting experts, researching the law, writing a brief,  printing, binding and filing it in court, serving it on the parties, presenting their case in court, etc.;

d. require parties to file case and motion briefs but fail to read most of them, as shown by “the math of abuse”, which entails the breach of the contract for adjudicatory services; fraud; and compensable waste;

e. dump 93% of appeals(>OL2:457§D) out of the circuit courts through orders in forms filled out by their clerks that are “on procedural grounds [mostly the one-fit-all pretext of ‘lack of jurisdiction’], unsigned, unpublished, without comment, and by consolidation;

f. intercept people’s emails and mail to detect and suppress their critics’, thus depriving We the People of our most cherished rights, namely, those guaranteed under the 1^st Amendment 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 compensation for abuse]”

g. abuse their congressionally granted self-disciplining authority to ensure their own unaccountability by dismissing 100% of complaints against them and denying 100% of petitions to review their dismissals.

D. Some economic and institutional consequences of the citizens hearings

1. Judges’ abuse has harmed the parties that have appeared and that are currently appearing in their courts. Their abuse provides the basis for those who have appeared before the same judge or in the same court to form local chapters to jointly demand to be compensated by judges and their judiciaries.

2. As things stand now, any suit for such compensation will be dismissed summarily by application of the doctrine of judicial immunity that judges have conjured up in abusive self-interest, while holding accountable and liable priests, doctors, lawyers, politicians, police officers, their institutions, and everybody else.

3. However, the national outrage provoked by the testimony given at the citizens hearings will provide journalists and media outlets a professional and commercial incentive to further investigate judges’ abuse; their findings will exacerbate the outrage. A self-reinforcing cycle will ensue. The issue of compensation will become one at the center of the national debate. Ever more abusees will keep pressing for a resolution favorable to them.

4. The citizens hearings can become an annual event for the People to monitor the performance of the judges, to whom they have entrusted public power;  and for the organizing journalists and universities to publish The Annual Report on on Judicial Unaccountability and Abuse of Power in America(*>jur:126§3).

5. Those hearings can shake public trust in the judiciary so profoundly as to stir up the public to demand and force the resignation of judges and justices, who depend on public trust to have their decisions respected and obeyed. Reliable precedent therefor is the resignation of:

a. Justice Abe Fortas on May 14, 1969, for ‘improprieties’ in taking income from an outside source in addition to its judicial salary and benefiting from relations with former clients;

b. Former Ninth Circuit Chief Judge Alex Kozinski on December 18, 2017, to avoid an investigation of sexual harassment assigned to the Second Circuit Court of Appeals by Chief Justice Roberts under pressure from the MeToo! outrage provoked by the publication by The New York Times and The New Yorker on October 5 and 10, 2017, respectively, of their exposés on Harvey Weinstein’s sexual predation; and

c. Circuit Judge Maryanne Trump Barry, the sister of President Donald Trump, on February 11, 2019, upon learning that she and other family members were being investigated for tax evasion in connection with a scheme to avoid inheritance tax through the use of a complex system of shell companies.

E. Citizens hearings leading to a constitutional convention, thus setting in motion transformative change that results in a new form of government

1. The citizens hearings can be an opportunity for their organizers, witnesses, and the national public to form physical and virtual (on the Internet) groups in the guise of Tea Party local chapters to demand the calling of a constitutional convention.

2. That is the kind of convention that since April 2, 2014, 34 states, constituting the two thirds of states required by the amending provisions of Article V of the Constitution, have petitioned Congress to convene.

3. However, the congressional leaders will never convene it because the convention is all but certain to upset the status quo and diminish the power and privilege that they have accumulated over the 232 years since the adoption of the current Constitution in 1789.

4. The citizens hearings can take on a life of their own: People and local chapters may coalesce into a runaway national civic movement for a new People-government relation. It can transform itself into a constitutional convention that drafts a new constitution…as can a courageous Biden Commission(§A).

5. Outrage and compensation are the forces that can provide the citizens hearings transformative capacity: They can turn the system of justice that went in into one that comes out as a qualitatively and functionally different system of governance. The tandem of those forces was or is lacking in the chaos of the presidential campaign;  the challenges to the electoral results; and the conflict of interests pervading the Biden Commission and predetermining its final report.

6. The citizens hearings can set in motion the transformation of the People/government relation that has been in place for centuries.  They can have transformative capacity because the MeToo!, Black Lives Matter, LBTG, and Asian/Pacific Islander movements, and the protests against police brutality and for socio/economic equality have made the mood of the People ripe for it. That popular mood is expressed in the common self-assertive rallying cry:

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

1. The transformation can consist in a new form of government where the People assert their status as the sovereign source of all political power. As Masters of all their public servants, including their judicial public servants, the People can hold them accountable for the power entrusted to them and liable to compensate the victims of their abuse of it.

The citizens hearings can expose abuse of power to have become such an integral part of judges’ and their judiciaries’ way of doing business that the outrage and demand for compensation can turn reformatory measures that today appear inconceivable into ones whose adoption becomes unavoidable. But everything begins with informing the People thereof.

F. How you can promote the holding of the citizens hearings

1. This proposal for holding unprecedented citizens hearings is timely. It shows strategic thinking. It can have a practical impact on exposing judges’ abuse of power…but only if it reaches people as opposed to being intercepted on its way to them or if their positive replies to it are intercepted.

2. Hence, it is in your own interest to distribute this article so widely and repeatedly that it has a chance of overwhelming any interception and going viral.

a. Share it with all your friends, relatives, and colleagues.

b. Post it to social media, such as:

Facebook, Youtube, WhatsApp, LinkedIn, Instagram, Google plus, Pinterest, Reddit, Snapchat, and Twitter:

Send this tweet:

Tell your story of judges’ abuse & ask for compensation at unprecedented citizens hearings; the Biden Commission on SCt reform will not let you do it; invite your audience, the People; http://Judicial-Discipline-Reform.org/OL2/DrRCordero_citizens_hearings_outrage_compensation.pdf

c. Organize a presentation on this article followed by a Q&A session by me to you, your colleagues, students, and other guests. It can be held via video conference and, if it is here in New York City, in person.

28.  To assess my capacity to make that presentation you may watch my video and follow it on its slides.

1. To set its terms and scheduling you may get in touch with me using my contact information below.

G. Every meaningful cause needs resources for its advancement; none can be continued, let alone advanced, without money

1. Lip service advances nothing; but it continues to enable the abusers.

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

DONATE

to support the professional law research and writing, and

strategic thinking

of

Judicial Discipline Reform

by making a deposit or an online transfer

through the Bill Pay feature of your online account or Zelle,

to Citi Bank, routing # 021 000 089, account # 4977 59 2001;

or TD Bank, routing # 260 13 673, account # 43 92 62 52 45

or
by mailing a check to the address below.

Dare trigger history!…and you may enter it.

I look forward to hearing from you.

Sincerely,

Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd.
Bronx, NY 10472-6506
tel. (718)827-9521
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com

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

NOTE: Given the interference with Dr. Cordero’s email and e-cloud storage accounts described at *>ggl:1 et seq. and †>OL2:1114§G, 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.