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10-04-25 Requesting Opinion Letter in RE: PACER and CM/ECF from Harvard Law School
Dean Martha Minow

Dean Martha Minow

Dr Joseph Zernik wrote:

Date: Sun, 25 Apr 2010 08:49:27 -0700

To: minow@law.harvard.edu
From: joseph zernik
Subject: Re: Request for assistance in re: Obtaining expert opinions regarding alleged fraud in operations of
PACER and CM/ECF at the US District Court, Los Angeles

Dear Prof Minow:

Thanks for your expedient response. I request that you reconsider. Not as a Dean, but as an individual Harvard
Law Professor, who stated her research interests as including Human Rights and Transitional Societies.

There is no doubt that the issues at hand are of historic significance, and the future of Democracy in America is in
the balance. There is no doubt that the judiciary, as a class, abdicated their duties, or worse. Much of the same is
likely to be attributed, with the passage of time, to US attorneys as a class. The question remains open for the time
being what the role of law school professors was in this unprecedented crisis. Therefore, instant correspondence
no doubt would become a primary historic record - response by Harvard Law School Dean, on behalf of the
Harvard Law School, which was refusal to provide support in restoration of fundamental integrity to a renegade
justice system.

I do not believe that the review of the relevant papers (links 7 and 8) would take more than a few hours, and a
letter of one short paragraph, similar to that produced by Prof Eli Shamir, would suffice. I provide his letter as an
example, not in the sense of the specific opinion expressed in it. Instead - for the fact that he refrained from
issuing a definitive opinion, but stated the credibility of the allegations, and the need to remove any doubt
regarding integrity of such systems, for the safeguard of Justice, Human Rights, and a law abiding community.

Page 2/4 April 25, 2010

I again thank you for your expedient response, and again request that you reconsider. It would be an abysmal
statement regarding law in the US, if the critical opinions in this matter would all come from outside the US. If you
believe that there is no way that you, as an individual Harvard Law Professor, could provide the opinion, I would
be grateful if you could name three Harvard Law Faculty, who hold reputation, which would match the seriousness
of the question at hand. I would then approach them individually.

Truly,

Joseph Zernik, PhD

Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert

Harvard Law School Dean Prof Minow wrote:

At 05:38 AM 4/25/2010, you wrote:

I regret that as dean this is not something I can undertake. Best wishes Martha Minow Dean and Jeremiah Smith, Jr.
Professor of Law

Sent via BlackBerry from T-Mobile

Dr Joseph Zernik wrote

Date: Sun, 25 Apr 2010 00:08:30 -0700
To: minow@law.harvard.edu
From: joseph zernik
Subject: Human Rights and Transitional Societies

Dear Prof Minow:

Only after I wrote the previous letter to you, on behalf of Human Rights Alert, I notice that you listed under Research
Interests "Human Rights and Transitional Societies". The opinion letter that was sought falls squarely in that realm - the
underlying claim is that the transition from paper based society, and paper based administration of the courts to digital
records based society, and digital administration of the courts was of historic nature. Under such transition, the courts,
and in particular the Administrative Office of the US Courts, conducted themselves in less than honor way, to deprive the
people of the US of essential Human Rights that were already fully established for generations.

Truly,

Joseph Zernik, PhD

Human Rights Alert (HRA), NGO

Page 3/4 April 25, 2010

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

Dr Joseph Zernik wrote:

Date: Sat, 24 Apr 2010 23:42:33 -0700

To: minow@law.harvard.edu
From: joseph zernik
Subject: Request for assistance in re: Obtaining expert opinions regarding alleged fraud in operations of PACER
and CM/ECF at the US District Court, Los Angeles

April 24, 2010

Prof Martha L Minow

Dean, Harvard Law School
By ermail minow@law.harvard.edu

Dear Prof Minow:

We write to ask your urgent help in soliciting expert opinions from any of your faculty that you may deem fit,
regarding alleged fraud in operations of PACER and CM/ECF, the online public access and case management
systems, respectively, as operated at the US District Court, Los Angeles, and related systems. The findings, and the
records that the experts are requested to opine upon are described in details in links #7, 8, below.

As detailed below, preliminary opinions were already obtained of fraud pertaining to the respective systems of the
Los Angeles Superior Court.

PACER and CM/ECF, as operated at the US District Court, Los Angeles, were implemented with no public
oversight, no publicly accountable validation, and without founding them in Local Rules of Court, in disregard of
the Rule Making Enabling Act. Some of the blatant fraudulent features in PACER and CM/ECF, for example, are
the omission of all authentication records (the NEFs - Notices of Electronic Filings) from public access in PACER,
and allowing access to them only to attorneys who are authorized in a given case. Moreover, as documented in the
links below, under such conditions, access is also routinely denied to pro se litigants. Furthermore, as
documented below, the courts in certain cases, then take the liberty of issuing false, invalid authentication records,
while posting the respective records in PACER as "Entered". Under such conditions the public is left in the dark,
unable to discern which court records are honest, valid, and effectual court records, such that require "full faith
and credit", and which ones are not.

There simply is no explanation for such design and operation of a case managements system that is consistent with
honest administration of the courts and the furtherance of justice.

Such alleged fraud in court records, copied below, of the US District Court in Los Angeles was perpetrated in the
habeas corpus petition of Richard Fine Fine v Sheriff (2:09-cv-01914). Richard Fine is a 70 yo, former US

Page 4/4 April 25, 2010

prosecutor, who has been falsely held for over a year in solitary confinement in a hospital room, with no medical
justification in Los Angeles. Prior to that - he exposed and protested the taking by all judges of the Los Angeles
Superior Court of "not permitted" secret payments (~$45,000 per judge per year), which led to the signing on
February 20, 2009 of "retroactive immunities" (pardons) for all such judges. Through the pretense of running a
habeas corpus petition, albeit, with key court records such as the judgment and the mandate of the US Court of
Appeals, 9th Circuit, entered with invalid NEFs, Richard Fine was effectively denied of Liberty, denied of Access to
the Courts, denied of Due Process, and other key Human, Constitutional, and Civil Rights.

Time is of the essence! As described below, obtaining such opinions is the first step in our efforts in relationship to
the first ever UPR (Universal Periodic Review) of the United States Human Rights record by the UN. Following
Mr Fine's case's treatment by the US courts, we firmly believe that only international pressure through the UPR is
likely to affect any restoration of integrity in such computer systems that are critical for the Human Rights of all
who reside in the US.

We hope that you would recognize that the opinions sought are of critical significance relative to the Human
Rights of all who reside in the United States. Therefore, we hope that you would assist in recruiting some of your
faculty to review the evidence and issue expert opinions in the matter.

The favor of a timely response regarding your disposition in this matter is kindly requested.

Truly,

Joseph Zernik, PhD

Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert

The Road Ahead - Richard Fine, online public access (PACER) and case management systems
(CM/ECF) of the US courts, and the 2010 UN Review of Human Rights in the United States.