Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 1 of 18

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
JOSEPH ZERNIK CASE NO: 1:2009cv00805
1853 Foothill Blvd HON RICHARD J LEON, JUDGE
La Verne, CA 91750
Tel: 3104359107
Fax: 801 9980917
Email: jz12345@earthlink.net
Plaintiff
VERIFIED STATEMENT FOR THE
V DISQUALIFICATION OF UNITED
STATES JUDGE RICHARD J LEON
MELSONET AL
FORA CAUSE
Defendants

PLAINTIFF ALLEGES: DEFENDANTS FBI & USDOJ ENGAGE IN LONG-TERM

ABUSE OF THE CIVIL & HUMAN RIGHTS OF 10 MILLION RESIDENTS OF LA
COUNTY, CALIFORNIA. THEY TOLERATE LA WLESSNESS THAT MADE IT
INTO "THE EPICENTER OF REAL ESTATE & MORTGAGE FRAUDS",
LATER RECOGNIZED AS THE SUBPRIME CRISIS, WHICH WILL COST THE
U.S. TAX PAYER OVER $1 TRILLION!
PLAINTIFF ALLEGES: DEFENDANTS KAISER (FBI) & MELSON (USDOJ)
PROVIDED FRAUDULENT RESPONSES TO CONGRESSIONAL INQUIRIES BY
THE HON DIANE WATSON & DIANNE FEINSTEIN IN RE: REAL ESTATE
FRAUD AGAINST PLAINTIFF BY COUNTRYWIDE, BAC & THE LA
JUDICIARY RACKET (LA-JR). SUCH CONDUCT WAS AND IS PART OF
COVER-UP & PATRONIZING OF THE LA-JR, COUNTRYWIDE, & BAC,
INCLUDING, BUT NOT LIMITED TO WRONGDOING UNDERLYING THE SUB-
PRIME CRISIS, BAILOUT, & TARP (TROUBLED ASSET RELIEF PROGRAM).
PLAINTIFF FURTHER ALLEGES: IRAN-CONTRA WAS A KEY EVENT IN THE
ABUSE OF LA COUNTY RESIDENTS & THE HON RICHARD J LEON SERVED
AS MINORITY COUNSEL IN THAT SCANDAL'S INVESTIGATION.
COPIES ALSO FILED WITH CONGRESS AND NGOs r") .
Digitally signed by /~
RECEI\1. ED). ~L. ~~~~;'J;~~45@earthli ) IJ
Joseph Zernik -
ON. cn=Joseph Zermk,
,

/
Date: 2009.05.1 0 L.
MAY 1 3 2009 00.09:46-07'00'

NANCY MAYER WHITTINGTON (;LERK JOSEPH ZERNIK

U.S. DISTRICT COURT'
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 2 of 18

TO ALL PARTIES AND COUNSEL OF RECORD:

Plaintiff herein files Verified Statement for the Disqualification of Judge Richard J
Leon for a Cause.

I.
TABLE OF CONTENTS

1. Table of Contents 2
II. Verified Statement for the Disqualification 2
III. Statement of Verification 6
IV. Exhibits . 7
Exhibit 1: The Hon Richard J Leon official biography . 8
Exhibit 2: The Hon Richard J Leon wikipedia biography . 10
V. Certificate of Mailing . 14
III
/II
II.
VERIFIED STATEMENT FOR THE DISQUALIFICATION FOR A CAUSE
OF THE HONORABLE RICHARD J LEON
I, Joseph Zemik, am Plaintiff in Zernik v Melson et aI., marter filed on May I,
2009, and assigned by the Clerk of the Court to the Honorable Richard J Leon,
Judge of the U.S. Court for the District of Columbia.
1) The basis for this Statement of Disqualification for a Cause is the following.
2) Instant petition claims long-term abandonment of the civil and human rights of
the 10 million residents of Los Angeles County, California, by the USDOJ and
FBI,
3) Iran-Contra scandal is central to instant petition, and a specific request was
made for incorporation by reference ofUSDOJ report in this marter. The

VERIFIED STATEMENT FOR DISQ. OF JUDGE RICHARD J LEON

-2-
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 3 of 18

petition states on page 59 (page numbers per Pacer blue header security
imprints), under Request for Incorporation by Reference:
8. Special Report of Defendant USDOJ (December 1987)
regarding drug sales for profit by CIA in LA County in the 1980
as part of Iran-Contra.
331) The report is important and directly relevant to instant
case, because of its unique perspective on the origins of
corruption of the LA County justice system. It is also the best
evidence of deliberate, willful decision by U.S. officers, most
likely in Washington DC, to act in a manner that amounted to
abuse of the civil rights of the residents of LA County, in order
to accomplish their goals that were compounded violations of
the law on
other accounts. It was a willful decision to engage in criminal
means to accomplish criminal ends.
332) It is important to keep that report in mind, since many of
the most senior officers of the LA Justice system today were in
their careers formative years then. Moreover, absent this clear
historical record, many reviewers would tend to dismiss as
impossible the idea that LA County law enforcement, or U.S.
government agencies would engage in drug sales for profit in
LA County.

4) Iran Contra Scandal is central to instant petition, and a specific request was
made for judicial notice ofUSDOJ report in this matter. The petition states on
page 62, under Request for Judicial Notice:
5. Special Report of Defendant USDOJ (December 1987)
regarding drug sales by CIA in LA County in the 1980 as part of
Iran-Contra.
It is considered one of the key events that established the
discrimination against that region of the U.S.A. by Federal
agencies, and established the exclusion of its residents from
protection under Civil Rights guaranteed in the Amendments to
the U.S. Constitution.

5) Iran Contra is central to instant petition and the alleged abuse of rights of the 10
milllion residents of LA County. On page 85 the petition states:
v. In contrast, I allege that USDOJ and FBI treat me, Richard
Fine, the 10,000 FIPs - mostly black and latinos, and all 10
millions residents of Los Angeles County, California, as exempt
from rights guaranteed by U.S. Constitution and its
amendments - in principle - not much different than the
Guantanamo Bay Detainees. Such treatment of this county goes
back t least 3 decades to the early 1980's and drug sales for

VERIFIED STATEMENT FOR DISQ. OF JUDGE RICHARD J LEON

-3-
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 4 of 18

profit in LA County by CIA as part of extensive unlawful

conduct later termed Iran - Contra scandal.

6) The Honorable Richard J Leon's official biography, found online, and enclosed
as Exhibit 1, states [underline added - jhz]:
Judge Leon served as counsel to Congress in the investigations
of three sitting Presidents. In 1987, he was the Deputy Chief
Minority Counsel for the U.S. House Select "Iran-Contra"
Committee. From 1992-1993, he was the Chief Minority
Counsel to the U.S. House Foreign Affairs Committee's "October
Surprise" Task Force. In 1994, Judge Leon was Special Counsel
to the U.S. House Banking Committee for its "Whitewater"
investigation.

7) The Honorable Richard J Leon's biography as found online in Wikipedia, and

enclosed as Exhibit 2, similarly states [underline added - jhz]:
Richard J. Leon (born 1949) is an American lawyer and current
federal
judge. He has served as a judge of the United States District Court for
the District of Columbia since 2002.

Legal career

Leon was an assistant professor of law at St. John's University School

of Law from 1979 to 1983 and a senior trial attorney in the U.S.
Department of Justice from 1983 to 1987. Leon served as deputy chief
minority counsel on the Select Committee to Investigate Covert Arms
Transactions with Iran of the United States House of Representatives,
which investigated the Iran-Contra affair, from 1987 to 1988.
Leon was appointed Deputy Assistant Attorney General and served
from 1988 to 1989, when he entered private practice in Washington,
D.C., first with Baker & Hostetler from 1989 to 1999 and then with
Vorys, Sater, Seymour and Pease from 1999 to 2002, when he was
appointed to the district court. Leon was a member of the President's
Commission on White House Fellowships from 1990 to 1993. Leon was
appointed chief minority counsel on the October Surprise Task Force of
the House Foreign Affairs Committee from 1992 to 1993. He served as
special counsel to the House Financial Services Committee in 1994. He
has been an adjunct professor at Georgetown University Law Center
since 1997.

8) The law governing disqualifications ofD.S. judges 28 USC § 455 states

[underline added -jhz]:
§ 455. Disqualification of justice, jUdge, or magistrate judge
Ca) Any justice, judge, or magistrate judge of the

VERIFIED STATEMENT FOR DISQ. OF JUDGE RICHARD J LEON

-4-
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 5 of 18

United States shall disqualify himself in any proceeding in which his

impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party,
or personal knowledge of disputed evidentiary facts concerning the
proceeding;
(2) Where in private practice he served as lawyer in the matter in
controversy, or a lawyer with whom he previously practiced law
served during such association as a lawyer concerning the matter,
or the judge or such lawyer has been a material witness concerning
11;.
(3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning the
merits of the particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse
or minor child residing in his household, has a financial interest in
the subject matter in controversy or in a party to the proceeding,
or any other interest that could be substantially affected by the
outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of
relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of
a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be
substantially affected by the outcome of the proceeding;
(iv) Is to the judge's knowledge likely to be a material witness in
the proceeding.

9) Therefore, it is respectfully requested herein that the Honorable Richard J Leon

be disqualified for a cause forthwith.
Respectfully submitted, on May 9, 2009

JOSEPH ZERNIK
PLAINTIFF
in pro se
III
III
III

VERIFIED STATEMENT FOR DISQ. OF JUDGE RICHARD J LEON

-5-
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 6 of 18

III.
STATEMENT OF VERIFICATION
I, Joseph Zernik, am Plaintiff in Zernik v Melson et al.
I have written and re-read the foregoing Verified Statement Of
Disqualification of a United States Judge Richard J Leon for a Cause, and I
know the content thereof to be true. It is correct based on my own personal
knowledge as Plaintiff in pro se, who wrote the petitition at bar, and as the one
who wrote instant verified statement, except as to those matters therein stated as
based upon information and belief, and as to to those matters, I believe them to be
true and correct as well.
Exhibit 1 is a true and correct copy of the the Honorable Richard J Leon's
official biography, as I obtained it online from a web site of U.S. Courts.
Exhibit 2 is a true and correct copy of the Honorable Richard J Leon's
biography as I obtained online from Wikipedia.
I make this declaration that the foregoing is true and correct under penalty of
perjury pursuant to the laws of California and the United States.
Executed here in La Verne, County of Los Angeles, on this 9th day in May,
2009,

JOSEPH ZERNIK
PLAINTIFF
in pro se

III

VERIFIED STATEMENT FORDISQ. OF JUDGE RICHARD J LEON

-6-
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 7 of 18

IV. EXHIBITS
VERIFIED STATEMENT FOR DISQ. OF JUDGE RICHARD J LEON

7116
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 8 of 18

EXHIBIT 1
VERIFIED STATEMENT FORDISQ. OF JUDGE RICHARD J LEON

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, 5/6/2009 Judge Richard J. Leon - U.s. District ...

Judge Richard J. Leon

Judge Leon was appointed to the United States Dlstrict Court In February 2002.
He received hIS A.B. from Holy Cross College in 1971, his J.D. cum laude from
Suffolk Law School In 1974, and his LL.M. from Harvard Law School in 1981.
ImmedIately prior to his appointment to the bench, Judge Leon was engaged In

pnvate practICe In Washington, D.C., as a partner in the Washington office of

Baker & Hostetler (1989-1999), and Vorys, Sater, Seymour and Pease (1999-2002).
Prior to and while In private practice, Judge Leon served as counsel to
Congress in the investigatlOns of three sitting PreSIdents. In 1987, he was the
Deputy Chief Minority Counsel for the U.S. House Select "Iran-Contra"
Committee. From 1992-1993, he was the ChIef Minority Counsel to the U.S.
House ForeIgn AffaIrs Committee's "October Surprise" Task Force. In 1994,
Photo Bevel1y Rezneck
Judge Leon was Special Counsel to the U.S. House Banking Committee for its
Chambers: (202) 354-3580 "Whitewater" investigation. He also served in 1997 as Spec lal Counsel to the
bIpartisan U.S. House Ethics Reform Task Force. Earlier in his career, Judge
Courtroom Deputy:
Leon served at the U.S. Department of Justice In a number of pOSItions
Kenneth Cockrell (202) 354- 3177
including Deputy Assistant Attorney General in the EnVIronment DlVlsion, Semor

Court Reporter: Trial Attorney in the Criminal Section of the Tax DivlslOn, and as a Special
Patty A. Gels (202) 962-0200 AsSIstant United States Attorney in the Southern Distnct of New York. He also
served as a Commissioner on the White House Fellows CommIssion and the
JudIcial Review Commission on Foreign Asset Control. A former full-time law
professor at St. John's Law School (1979-1983), Judge Leon IS currently an
adjunct law professor at the Georgetown Umversity Law Center and the George
Washington UniverSIty Law Sc hool.

www.dcd.u5Courts.gov/leon-bio.html 1/1
9/16
Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 10 of 18

EXHIBIT 2
VERIFIED STATEMENT FORDISQ. OF JUDGE RICHARD J LEON

10/16
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. 5/6/20.09 Richard J. Leon - Wikipedia, the free...

Richard J. Leon
From Wikipedia, the free encyclopedia

Richard J. Leon (born 1949) is an American lawyer and current federal

judge. He has served as ajudge ofthe United States District Court fur
the District ofCoIumbia since 2002.

. Contents
• I Early lite and education
• 2 Legal career
• 3 As federal judge
• 4 References
Richard J. Leon
• 5 Extemallinks

Early life and education

Leon was born in South Natick, Massachusetts. [n 1972,

He received his Bachelor of Arts from the College ofthe Holy Cross (where he was a classmate offuture
Supreme Court Associate Justice Clarence Thomas) in 1971. He received his J.D. from Su1fu1k University
Law School in 1974.

Legal career
Leon served as a law clerk to the justices ofthe Massachusetts Supreme Judicial Court from 1974 to 1975
and to Thomas F. Kelleher ofthe Rhode Island Supreme Court from 1975 to 1976. Leon was an attorney
fur the Immigration and Naturalization Service ofthe United States Department ofJustice from 1976 to 1977
and a Special Assistant U.S. Attorney in the office ofthe U.S. Attorney fur the Southern District ofNew
York working in the Civil Division from 1977 to 1978.

Leon received his LL.M. from Harvard Law School in 1981.

Leon was an assistant professor of law at St. John's University School of Law from 1979 to 1983 and a
senior trial attorney in the U.S. Department ofJustice from 1983 to 1987. Leon served as deputy chief
minority counsel on the Select Committee to Investigate Covert Arms Transactions with Iran ofthe United
States House ofRepresentatives, which investigated the Iran-Contra affuir, from 1987 to )988.

Leon was appointed Deputy Assistant Attorney General and served from) 988 to )989, when he entered
private practice in Washington, D.C., first with Baker & Hostetler from) 989 to 1999 and then with Vorys,
Sater, Seymour and Pease from) 999 to 2002, when he was appointed to the district court.

Leon was a member ofthe President's Commission on White House Fellowships from 1990 to 1993. Leon
was appointed chiefminority counsel on the October Surprise Task Force ofthe House Foreign Affuirs
Committee from 1992 to 1993. He served as special counsel to the House Financial Services Committee in
1994. He has been an adjunct professor at Georgetown University Law Center since 1997.

As federal judge
Leon was nominated to the United States District Court fur the District ofCoIumbia by George W. Bush on
en.wikipedia.org/wikijRichard_J._Leon 1/3
11/16
 Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 12 of 18

. 5/6/2009 Richard J. Leon - Wikipedia, the free...

September 10, 2001, to the seat vacated by Norma Holloway Johnson. Confirmed by the Senate on
February 14,2002, he received commission five days later.

Leon was responsible fur adjudicating the habeas corpus petition~ ofseveral dozen captives held at the
Guantanarno Bay detention carnp.[I][2][3] Boumediene v. Bush, which was eventually considered by the
Supreme Court, was first heard by Leon.

By August 28, 2008, Leon had 24 cases assigned to him. [l] (http://www.webcitation.orglquery?
url=http%3A%2F%2Fap.google.confIo2Farticle%2FALeqM5gUxng-
zk12uhqdCATFQyY9_8QV3QD92QQ8309&date=2008-08-29)

The Associated Press reported Leon hoped to resolve those cases before the presidential inauguration in
2009 and was concerned that the public and the detainees will be barred from observing the hearings: "Ifit
can't be done, I have great concern that these hearings will be virtually or exclusively classified, closed to the
public and, I might add, to the detainees."

During a hearing on October 23, 2008 Leon commented on the ambiguity ofthe term "enemy combatant"
and criticized Congress and the Supreme Court fur 'We are here today, much to my dismay, I might add, to
deal with a legal question that in my judgment should have been resolved a long time ago. I don't understand,
I really don't, how the Supreme Court made the decision it made and left that question open... I don't
understand how the Congress could let it go this long without resolving." [2]
(http://www.bostoncomlnews/nation/washington/articles/2008/l 0/24/1awyers_debate_enemy_combatant/)

On November 20th, Judge Leon ordered five detainees released from Guantanamo Bay due to insufficient
evidence. [4][5]

References
I. 1\ 'Respondents' response to Court's August 7,2006 order" (PDF). United States Department of

Defense. August 15, 2006.

http://www.pegc.us/archive/OK_v_Bush/govUesp_to_GK_20060815 .pdf Retrieved on 2008-06-
23. mirror (http://www.webcitation.orglquery?
url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FOK_v_Bush%2FgovtJesp_to_GK_20060815.pdf&date=2008-
08-18)
2. 1\ ''Lead Petitioners' Counsel in Guantanamo Habeas Cases" (PDF). Center fur Constitutional Rights.

January 8, 2007. http://listproc.ucdavis.edu/archives/law-lib/law-hb.log0701/att-0174/01-

GITMO_AttyList.pdf Retrieved on 2008-06-11. mirror (http://www.webcitation.orglquery?
url=http%3A%2F%2Flistproc.ucdavis.edu%2Farchives%2Flaw-lib%2Flaw- hb.log070 1%2Fatt-
o174%2FO l-GITMO_AttyList.pdf&date=2008-08-18)
3. 1\ ''Exhibit B: List OfEnemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have

Been Released From United States Custody" (PDF). United States Department ofJustice. April 17,
2007. http://www.pegc.us/archive/InJe_ Gitmo/gov_mot_to_dismiss_20070419 .pdf Retrieved on
2008-05-05.
4. 1\ http://www.scotusblog.comlwp/judge-orders-five-detainees-freed/

5. 1\ http://www.salon.comlopinion/greenwald/2008/l1!20/guantanmm/index.html

External links
• Richard J. Leon (http://www.fjc.gov/servlet/tGetlnfu?jid=2921) at the Biographical Directory of
Federal Judges, a public domain publication of the Federal Judicial Center.

Retrieved from 'http://en.wikipedia.orglwikilRichardJ_Leon''

Categories: 1949 births I Living people I College ofthe Holy Cross alumni I Suffulk University Law School
ahmmi I Harvard Law School ahmmi I Georgetown University fuculty I Judges ofthe United States District
Court fur the District ofColumbia I United States district court judges appointed by George W. Bush I
JudQes oresidinQ over Guantanamo habeas oetitions
en.wikipedia.org/wiki/Richard_J._Leon 2/3
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. 5/6/2009 Richard J. Leon - Wikipedia, the free...

Judges presiding over Guantanamo habeas petitions
Hidden categories: Wikipedia articles incorporating text from the Biographical Directory ofFederal Judges

• This page was last modified on 16 March 2009, at 18:09 (UTC).

• AU text is available under the terms ofthe GNU Free Documentation License. (See Copyrights for
details.)
Wikipedia® is a registered trademark ofthe Wikirnedia Foundation, Inc., a U.S. registered 501 (c)(3)
tax-deductible nonprofit charity.

en.wikipedia.org/wiki/Richard_J._Leon 3/3
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Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 14 of 18

v. CERTIFICATE OF
MAILING
VERIFIED STATEMENT FORDISQ. OF JUDGE RICHARD J LEON

14/16
I!itII .~~~:~~~~~~:~
~
d UNITED STIJTES

Case 1:09-cv-00805-RJL
Certificate Of To pay fee, affix stamps or
POST11L SERVICE@ Mailing meter postage here.
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing.
This form may be used for domestic and international mail.
From:

Joseph Zernik Content:

1) Motion for Electronic Filing
1853 Foothill Blvd 2) Notice of Errata in support of

Document 3
La Verne, CA 91750 Motion for Electronic Filing
3) Verified Statement for Disq. for a
Cause of Judge Leon.

Filed 05/13/2009
To: Postmark Here
To: See attached Addressee List for
Zernik v Melson et a/.

Page 15 of 18
PS Form 3817, April 2007 PSN 7530-02-000-9065
 Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 16 of 18

MAILING LIST FOR ZERNIK V MELSON ET AL (May 5, 2009)

FROM:

Joseph Zernik
1853 Foothill Blvd
La Verne, CA 91750

TO:

COURT: (original +1 copy)

OFFICE OF THE CLERK

U.S. Court for the District of Columbia
333 Constitution Ave.
N.W Washington, D.C. 20001

PARTIES:

1) KENNETH MELSON & U.S. DEPT OF 4) SAMUEL BEZEK & SEC

JUSTICE Samuel Bezek
Kenneth Melson, Director SEC Headquarters
U.S. Department of Justice 100 F Street, NE
950 Pennsylvania Avenue, N.W Washington, DC 20549
Office of the Assistant Attorney General, Main
Washington, D.C. 20530

2) KENNETH KAISER & FBI 5) KENNETH LEWIS, TIMOTHY

Kenneth W Kaiser MAYOPOULOS, BAC, & BAC AUDIT
Assistant Director COMMITTEE
Criminal Investigative Division T Mayopoulos-General Counsel
Federal Bureau of Investigation
100 North Tryon St
U.S. Department of Justice
Bank of America Corporate Center
935 Pennsylvania Ave, NW
Charlotte, North Carolina 28255
Washington, D C 20535-0001

6) DON LENTS, PETER VAN CLEVE, & BRYAN

3) US ATTORNEY FOR THE DISTRICT OF
CAVE,LLP
COLUMBIA Att Don Lents
501 Third Street, NW
One Metropolitan Square
Washington, DC 20001
211 North Broadway, Suite 3600
St. Louis, MO 63102-2750

16/16
 Case 1:09-cv-00805-RJL Document 3 Filed 05/13/2009 Page 17 of 18

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CertifIcate Of Mailing

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Certificate 1 $1.15 $1.15

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SAINT LOUIS MO 63102 $4.95 YOUR OPINION COUNTS
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