Human Rights Alert
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11-02-26 Letter to Prof Erwin Chemerinsky regarding widespread corruption of the US courts
1) On February 26, Joseph Zernik wrote:
Date: Sat, 26 Feb 2011 12:53:40 To: "Chemerinsky, Erwin" <EChemerinsky@law.uci.edu> From: joseph zernik <jz12345@earthlink.net> Subject: Fraud and corruption in the US courts from coast to coast - a call for action by legal scholars Prof Erwin Chemerinsky, Dean School of Law University of California, Irvine Dear Prof Chemerinsky: Thanks for your response! I would not write to you, unless I admired your courage in standing up to the corrupt Los Angeles County justice system during the Rampart scandal (1998-2000) and its aftermath, and your lifelong commitment as a civic leader in California and beyond.
Isn't it time that a legal scholar of your standing would explain to the People what is going on in the US courts? * Perhaps you could explain to the People: What is going on in the US District Court, Central District of California, where you reside, under
Log Cabin Republicans v USA et al
(regardless of your position or mine regarding gays in the military)?
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The first judgment in the case was issued by US Judge GEORGE SCHIAVELLI in 2006, in favor of the USA. It as listed in the Judgment Index of the Court. However, the Clerk of the US District Court TERRY NAFISI refuses to certify the first, Judge SCHIAVELLI judgment.
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Consequently, the case was listed as "closed".
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The first judgment was never overturned through any judicial proceedings.
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Later, Judge VIRGINIA PHILLIPS appeared in the same case, with no assignment order.
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In 2010 Judge VIRGINIA PHILLIPS issued in the same case the second, opposing judgment, in favor of Log Cabin Republicans. The second judgment was NOT listed in the Judgment Index of the Court. The Clerk of the US District Court TERRY NAFISI refuses to certify the second judgment as well. Under such circumstances, the second, Judge VIRGINIA PHILLIPS Judgment in
Log Cabin Republicans v USA et al
must be deemed fraud on its face, and a void, not voidable judgment. Conduct of Judge VIRGINIA PHILLIPS and Clerk of the Court TERRY NAFISI should be deemed willful misconduct.
* Perhaps you could explain to the People: What is going on in the US Court of Appeals, 9th Circuit, where you reside, under
Log Cabin Republicans v USA et al?
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The US Court of Appeals, 9th Circuit, is today running an appeal from the second, uncertified, void not voidable Judge VIRGINIA PHILLIPS judgment.
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The Clerk of the US Court of Appeals, 9th Circuit, MOLLY DWYER refuses to certify the docket of the appeal in this case.
Digitally signed by Joseph Zernik DN: cn=Joseph
Zernik, o, ou, email=jz12345@earthlink.net, c=US Date: 2011.02.26 13:50:08 +02'00'
Page 2/2 February 26, 2011
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All decisions of the US Court of Appeals, 9th Circuit, in this appeal are unsigned and were served with not certificate of authentication/attestation by Clerk MOLLY DWYER.
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The US Court of Appeals refuses to explain why it would not dismiss, for lack of jurisdiction, the appeal from a void not voidable judgment. Under such circumstances, the ongoing appeal from the 2010 Judge VIRGINIA PHILLIPS Judgment in
Log Cabin Republicans v USA et al
must be deemed fraud on its face, and a void, not voidable appeal. Conduct of Circuit Judges Circuit Judges WILLIAM CANBY, JR and EDWARD LEAVY as well as Clerk of the Court MOLLY DWYER should be deemed willful misconduct.
* Perhaps you could explain to the People: Where are the missing records of the Supreme Court of the United State, where you have appeared multiple times?
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The Supreme Court Clerk WILLIAM SUTER
routinely issues "Notices" of denial of petitions and applications in cases pertaining to civil rights, where the notices are unsigned, or signed in a false and deliberately misleading manner.
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The notices are never accompanied by service of any form of judicial record of the denial.
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Multiple attempts to access the paper court records of SCOTUS, to inspect and to copy failed to discover any judicial record of the denials in numerous such cases.
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Multiple attempt to access the electronic court records of SCOTUS, to inspect and to copy, in numerous such cases, were denied.
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The Supreme Court Clerk WILLIAM SUTER refuses to explain, which form of records the Supreme Court of the United States maintains, which are deemed by the Clerk of the US Supreme Court valid and effectual, good faith and credit judicial records. It should be noted in this regard, that the United Nations Crime Prevention Center Report (2001) lists "missing court records" as a cardinal sign of judicial corruption. Under such circumstances, the conduct of Supreme Court Clerk WILLIAM SUTER
should be deemed willful misconduct.
* US Legal Scholars could make a difference under conditions of widespread corruption of the state and federal courts.
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Past public pronouncements by you, by Prof DAVID BURCHAM, and by Prof LAURENCE TRIBE, linked below, are admired, but they were few and far between. Moreover, they only addressed conditions in the state courts.
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The more recent public pronouncement by over 100 law professors, also linked below, regarding conditions in the Supreme Court of the United States, was admirable. However, it was remarkably subtle in view of the widespread corruption of the US courts. Pronouncement by leading legal experts of your standing, regarding conditions that prevail today in the state and federal courts in the United States, could make a difference. Conditions in the US courts are unprecedented, for at least a century. A century ago, conditions in the US courts were described in the US Congress as a "burlesque". There is no doubt that fraud in the design and operation of the public access and case management systems (PACER and CM/ECF) of the US District Courts and US Courts of Appeals features prominently in corruption of the federal courts. Likewise, there is no doubt that fraud in the design and operation of the online public access system of the Supreme Court of the United States, coupled with its secretive case management system, feature prominently in conditions that today prevail in the highest court of the land. In the past, you claimed that as a constitutional scholar, you are unfamiliar with the details of court administration. However, there is no doubt that the validity, integrity, and transparency of court records are at the foundation of Fair Hearing/Due Process and the Human, Constructional, and Civil Rights of the People.
Page 3/3 February 26, 2011 Surely you realize the key role of the widespread corruption of the US courts in the disintegration of the socio-economic development and civil society in the United States under our watch. Truly, Joseph Zernik, PhD
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Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States. http://twitter.com/inproperinla
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_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* "Innocent people remain in prison" * "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006) http://www.scribd.com/doc/24902306/ * "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001) http://www.scribd.com/doc/29043589/ * "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/274339
_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010) http://www.scribd.com/doc/38566837/
_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES? *
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations." Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert _____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation
aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (2010) http://www.scribd.com/doc/49586436/
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