Human Rights Alert
PO Box 526, La Verne, CA 91750Fax: 323.488.9697; Email: firstname.lastname@example.org
‘Don’t Ask, Don’t Tell’ – the US Court of Appeals, 9
Circuit Insists on Conductinga Pretense Appeal from a Pretense Judgment of the US District Court
Circuit Judges: William Canby, Jr; Edward Leavy
The Motion to Intervene took no position on the question of the controversial ‘Don’t Ask, Don’t Tell’ policy itself. Instead, the Motion to Intervene was filed as a protest of the pattern of conduct of the US courts – publication of false and deliberately misleading online dockets of proceedings that are clearly never held valid court proceedings by the US courts themselves.
Los Angeles, February 17 – the US Court of Appeals, 9
Circuit has posted an unsigned order, bearing thenames of Circuit Judges Canby and Leavy, denying Dr Joseph Zernik’s Motion to Intervene.The Motion to Intervene pointed out the invalidity of the October 2010 purported Judgment from the USDistrict Court, Central District of California, in which the appeal had originated. The Motion to Intervenecalled upon the US Court of Appeals, 9
Circuit to dismiss the appeal for lack of jurisdiction.The October 2010 Judgment of the US District Court could not possibly be deemed a valid judgment pursuantto the law of the United States:
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 electronic certificationof the purported October 2010 Judgment, in apparent violation of First Amendment rights. The US Courtof Appeals holds jurisdiction to conduct appeals only from valid and effectual, certified judgments, notfrom void ones.Although no access has been permitted to the certification records, the Motion to Intervene claimed thatsufficient evidence is found in the PACER docket of the US District Court 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 noAssignment Orders. Absent Assignment Order in a specific case, a US judge has no authority toadjudicate in the matter.
In 2004 Judge Schiavelli issued a judgment in the case, in favor of the United States. The judgment waslisted 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 the2004 judgment is denied.
The 2004 Judge Schiavelli “Judgment” was never overturned through an appeal, or any other judicialproceeding.
In 2010 Judge Phillips appeared in the case and issued the opposing judgment, in favor of the Log CabinRepublicans. The 2010 judgment was again listed in the PACER docket as “entered”, but was not listed inthe Judgment Index of the Court. Access to the certification of the 2004 judgment is denied as well.The US Court of Appeals, 9
Circuit, has also denied a Dr Zernik’s request for a statement on the record byClerk Molly Dwyer, pertaining to the validity of the records in the appeal itself.The records in the appeal could not possibly be deemed valid records of the US Court of Appeals, 9