‘Reverse Surveillance’ to Expose Abuse of Power & Secrecy in the Federal Judiciary & Lead to Reform
Monday, September 23, 2013 23:01
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Offer of a Presentation in the Public Interest of official statistics, reports, and statements pointing to abuse of power and secrecy in the Federal Judiciary; and a call for ‘reverse surveillance’
by We the People of judges and their Judiciary to expose them, cause public outrage, and lead to the media, the public, and voters’ forcing historic reform
that can be the start of a new We the People-government paradigm:
the People’s Sunrise
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 http://judicial-discipline-reform.org/Lsch/DrRCordero-Law_Students&Faculty.pdf
New York City
The revelations by Edward Snowden of government surveillance of the Internet communications and collection of phone records of millions of Americans have grave implications for public interest advocates: Power loathes bounds and is most effective in secrecy so that it will abuse others unless exposed and prevented by another power.
Federal judges wield the strongest power: nationally over people’s rights, property, liberty, and lives. But neither Congress, the Executive Branch, nor the media dare exercise checks and balances on, or expose, them(*>jur:81§1).
* All blue text parenthetical or bracketed references are at http://judicial-discipline-reform.org/Lsch/DrRCordero-Law_Students&Faculty.pdf, where they represent hyperlinks that facilitate jumping to the referred-to section § or paragraph ¶ to review their supporting details.
The result is lack of democratic, ‘reverse surveillance’ by We the People’s representatives of those judges and their Federal Judiciary. It is aggravated by their pervasive secrecy.
Nonetheless, if exposed, judges are most vulnerable, for they must “avoid even the appearance of impropriety”[*>fn277]: The revelations by Life magazine of the financial improprieties of Justice Abe Fortas forced him first to withdraw his name for the chief justiceship, then resign(92§d).
Therefore, I am offering to make the case(171§F) to you and your colleagues for revealing in the public interest judges’ secrecy and abuse of power(5§3), thus advocating The People’s right to “government of laws and not of men”[6]; to be the informed citizenry that democracy needs; and to that end, to ‘surveil’(130§§5-8) public servants in order to hold them accountable.
A. Statistics on secrecy and abuse of power in the Federal Judiciary(jur:21§A)
1. The Judiciary holds all its administrative, adjudicative, policy-making, and disciplinary meetings behind closed doors[29] and no press conferences[71].
2. Chief circuit[22a] judges abuse their Judiciary’s statutory[18a] self-disciplining authority by dismissing 99.82%(jur:10-14) of complaints against their peers; with other judges they deny up to 100% of appeals to review such dismissals(24§b).
They ensure their own impunity by rendering ineffectual a statute adopted by Congress and signed by the president, thus arrogating to themselves the power to in practice and self-interest abrogate an act of Congress and place themselves above the law of the land while depriving the people of the protection that the act intended for them.
3. Up to 9 of every 10 appeals are disposed of ad-hoc through no-reason summary orders[66a] or opinions so “perfunctory”[68] that they are neither published nor precedential[70], raw fiats of star-chamber power.
4. Justices are unelected yet life-tenured, as are district and circuit judges; the latter appoint bankruptcy judges for renewable 14-year terms[61a] with no consent of popular representatives. Bankruptcy judges’ decisions(46¶¶87,88) are appealed to the very judges who appointed them and to those who can remove them. This clearly generates a situation pregnant with bias, conflict of interests(57¶119), and decision-making dependency(56§§e-f).
5. In the 224 years since the creation of their Judiciary in 1789, only 8 federal judges[13] have been impeached and removed[14] –2,131 were in office on September 30, 2011[13]–.
Hence, once a person is confirmed as a federal judge or justice, he can rely on the secular assurance that he can do whatever he wants and nevertheless keep his job and do so while receiving a salary that cannot be diminished[12], which now amounts to around $200,000[211].
Such effectively absolute job assurance regardless of performance renders superfluous any sense of duty and due diligence. It displaces the mentality of a public servant holding public office with the attitude of a feudal lord shouting “in my court!” Lawyers, parties, and the rest of the vassals are exacted homage in the form of giving them “your Honor here, your Honor there” subservient treatment under pain of the ordeal of “you are in contempt!”
Power so abused under lifetime protection of dismissal of complaints without any investigation(jur:10-14) goes to judges’ heads. Such is human nature.
6. As effect and cause, a single federal judge can hold unconstitutional what 535 members of Congress and the President, elected and even reelected by over 50 million people, have debated, voted, and enacted[17a].
7. Judges are influenced by the most insidious corruptor, money!(27§2) Just the bankruptcy judges decided who kept or received the $373 billion at stake in only the personal bankruptcies filed in CY10[31]. About 95% of those bankruptcies are filed by individuals, the great majority of whom appear pro se[33] and, unable to defend themselves, fall prey to a bankruptcy fraud scheme(66§2).
8. Federal judges engage in financial wrongdoing –whether to evade taxes or launder money of its illegal provenance– and non-financial wrongdoing(5§3) because their secrecy ensures its risklessness and their coordinated and routine practice of it makes it acceptable and profitable[211].
B. The statistics’ implications for you
If your professors or your employers knew that they were entrenched for life and could unaccountably(21§A) wield power for material and professional profit in every matter that they handled so that they had the means, motive, and opportunity to do wrong but neither Congress, the Executive Branch nor the media would dare criticize, let alone investigate, them, would such unchecked power, unbalanced due to lack of penalizing consequences, corrupt them absolutely[28], causing[32] them to abuse with a sense of entitlement your rights, property, liberty, and life?
C. Revelation of a unique story leading to reform in the public interest
The public interest and a well-rounded legal education give you the right and impose on you the duty to learn official and publicly filed documents and statistics[ii], yet little known, such as those above, and to reveal them to the public(97§§1-2) and the media(ol:37 http://judicial-discipline-reform.org/NYT/13-8-24DrRCordero-ExecEd_JAbramson.pdf ) so that they may further(65§B) investigate(100§§3-4) them.
Just as The Guardian was the conduit of Snowden’s revelations(ol:17), The New York Times, The Washington Post, and Politico107a revealed facts supporting their suspicion of concealment of assets[107c] by Then-Judge, Now-Justice Sotomayor.
The unique story(xxxv) of a sitting justice’s tax evasion/money laundering and a sitting president’s condonation of it and nomination of her can launch a Watergate-like generalized Follow the money! investigation(ol:1,2). Its first step can be a request for the FBI vetting reports on judicial candidates(ol:29) and a study of the incongruous, implausible, and meaningless data[107c] contained in federal judges’ mandatory financial disclosure reports publicly filed[213] annually under the Ethics in Government Act[107d] and when confirmation hearings are held by the U.S. Senate Judiciary Committee on Judicial Nominations[107b].
A Follow the wire! investigation(ol:19§D) can reveal how judges, pursuing not the national security, but rather their own, interest, abuse their IT network and expertise to interfere with their exposers’ communications. Those IT resources are so vast as to allow the electronic filing, management, and retrieval nationwide of hundreds of millions of docket entries, briefs, motions, etc. They enable interference that, unlike surveillance, is a crime under 18 U.S.C. §2511(http://Judicial-Discipline-Reform.org/docs/18_usc_11.pdf)
The revelation of judges’ participation in such organized criminal activity can set off a scandal that provokes more outrage and has farther-reaching repercussions than that stirred up by Snowden’s revelations.
Indeed, federal judges’ coordinated, widespread, and routine abuse of power can be exposed as their institutionalized modus operandi(49§4). The ensuing public outrage can force historic reform of all judiciaries to ensure judges’ accountability and their respect for the rule of law.
Reformative changes can lead to transparent operation of judges and their judiciaries; their being monitored by citizen boards(160§8) for reverse surveillance; and their answerability to complaints publicly filed, heard, and determined by boards empowered to impose disciplinary measures, such as ordering that they compensate those that they have injured.
This can be the start of a new We the People-government paradigm: the People’s Sunrise(ol:29).
Such objective can be initially pursued through a presentation of the official statistics discussed in my study “Exposing Judges’ Unaccountability and Consequent Riskless Wrongdoing”(i) and a multidisciplinary academic(128§4) and business(119§1) venture intended to pioneer the news and publishing field of judicial unaccountability reporting(4¶¶10-14); conduct highly advanced Information Technology research and development(130§5); and engage in judicial reform advocacy(158§§6-8).
D. What you can do in the public interest
Consequently, I encourage you to check the references*; share this email with all your colleagues; and then invite me to make the case for the advocacy of reverse surveillance(122§§2-3) by We the People.
For exercising your power in the public’s defense, you may earn substantial material and moral rewards(ol:3§6), such as becoming a nationally recognized Champion of Justice.
I would be grateful if you would acknowledge receipt of this email.
Dare trigger history!(dcc:11)
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