Why The Judicial Fraud In The Chrysler Dealers’ Case Is More Dangerous To The USA Than Obama’s Ineligibility.

First, let me say thank you for the donations you’ve sent, it’s very humbling to see that kind of support.  Steve and I believe it’s best that we do not mention the donation totals until after the court sets the amount of damages.

That being said, I will be regularly blogging on the fraud in the Chrysler dealers case.  I will be doing this in posts which highlight the incredible new form of fraudulent anti-justice which is going to sweep the nation into a cesspool of federal crime.  If the courts are willing to openly lie to your faces, to change the testimony of witnesses, to make facts up out of thin air and to put words into the mouths of a witness which the witness did not say… than this country is in immediate danger of complete and utter destruction.  This threat is so much greater than any one man in the White House.

You really need to understand the danger the federal courts have placed us in.

I need to speak on as many media outlets as will have me about this issue.  I need to educate this nation on this issue just I educated the nation on the natural born citizen issue as to Obama’s dual nationality at birth.

I’ll do any radio or TV show that will have me.  Spread the word.

You have to understand that the Government/Judiciary has now taken a step into unchartered waters and that this Chrysler case is the testing ground to see exactly what they can get away with.  All I can do is speak truth to power.  I’m not entering their courts again.  But every person involved in this fraud, from the Bankruptcy Court, to the opposing lawyers, right up to the 2d Circuit is going to have their sins spelled out in technicolor.

Believe me when I tell you that this is a million times more important than the issue of Obama’s eligibility.

We are supposed to have a system of checks and balances so that the Executive branch is not able to run amok without the judicial branch standing there to stop the executive when the actions are illegal.  As long as the judicial branch is performing its proper function, there can be justice regardless of whoever occupies the oval office.  But when the judicial branch does not perform its function, there is fraud on the court and therefore the nation:

“It is thus fraud where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function–thus where the impartial functions of the court have been directly corrupted.” Envirotech Corp. v. Amstar Corp., 48 F.3d 1237 (Fed. Circ. 1995) (quoting Bullock v. United States, 721 F.2d 713, 718 (10th Cir.1983)).”  (Emphasis added.)

The elements of fraud on the court:

“Fraud on the court is conduct: 1) on the part of an officer of the court; 2) that is directed to the judicial machinery itself; 3) that is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4) that is a positive averment or a concealment when one is under a duty to disclose; 5) that deceives the court.”  Workman v. Bell, 245 F.3d 849, 852 (6th Cir. 2001)

Initially, we did not argue that the Bankruptcy Court engaged in an intentional fraud.  We stated that the footnote which completely twisted Alfredo Altavilla’s testimony around met the reckless disregard for the truth standard.  Let’s review that again:

ALTAVILLA’S TESTIMONY

Q. If this transaction closes without an absolute requirement of a particular number of dealers that are being terminated, would Chrysler still go through with this deal — I mean, rather, would Fiat still go through with this deal?

A. The answer is that a restructure needs to occur. Whether it occurs before or after the closing of the deal is not a material difference.  (See May 27, 2009 Hearing Transcript at 352.)

THE JUDGE GONZALEZ OPINION AT FOOTNOTE 21

21 …Altavilla also responded affirmatively to a question regarding whether a dealership network needed to be restructured for the Fiat Transaction to close, stating that a “restructuring needs to occur.”  (Footnote 21 of the Gonzalez Rejection Opinion).

Why did Gonzalez not include the rest of the witness’s statement in Footnote 21?  Clearly, Altavilla stated that it made “no material difference” whether any dealers were cut as a pre-condition of the sale closing.  What part of  “no material difference” does Gonzalez not understand?  That’s a trick question.  He understood the witness just fine.  So why didn’t Judge Gonzalez include that part of the testimony?  By parsing the answer, the Judge created the illusion that Fiat demanded the dealers get cut.

Why did Gonzalez perp that fraud?  The dirty answer is that he was protecting Obama’s vision of social engineering by crushing small business owners, and Gonzalez was also protecting the larger banks involved in this deal.

You see, had the dealers not been cut before the sale closed, they would have been retained along with the rest  of the dealership network.  But since Fiat, when they eventually took over the company, was going to cut many dealers, those dealers – had they been retained before the sale closed – would then have had, according to bankruptcy law, a priority claim against the 2 billion dollar sale price.  The dealers would have been eligible to receive about 1 billion in damages for breach of contract.

But, according to the Bankruptcy Code, if there was a sound business judgment reason for Old Chrysler to cut the dealers prior to the sale closing, the dealers’ claims are then relegated to “unsecured creditor status” and they get nothing.  That left the 1 billion that the dealers would have received for the big banks.

Since Altavilla, and every other principle player involved, testified that neither Fiat nor the US Government insisted upon the Chrysler dealers being cut as a condition of the sale, that left Judge Gonzalez in the position of having to manufacture testimony which did not exist in the record.  He got very sneaky about it and buried the fraud in the second sentence of Footnote 21.

He did such a good job of his fraud that the multi-million dollar legal teams who were hired to protect the 789 dealers… all fell for it.  None of those high priced Park Avenue lawyers spotted the fraud and none of them even filed a one page notice of appeal preserving the rights of their clients.  Four months later, the dealers came looking for me when they found out that they were not allowed to even appeal the decision.  They had a ten day window.  The order stealing their businesses came down on June 9, 2009.  The Opinion which included the fraud came down on June 19, 2009, ten days after the order.

The dealers only had ten days to appeal the decision.  Ten days from June 9 was June 19.   The Judge’s 43 page opinion wasn’t released – conveniently – until the very last day before their appeal expired.  Therefore, the grounds for the appeal were not known until the very date the appeal expired. 

How damn sneaky is that?

Regardless, those million dollar legal teams should have filed a one page notice of appeal to preserve their clients rights to appeal before the June 19 opinion.  But they didn’t.

According to the SCOTUS, there is no statute of limitations for fraud on the court, and therefore Steve and I were limited to arguing fraud on the court in our 2d Circuit appeal.  (That court’s refusal to acknowledge the SCOTUS precedent will be the subject of a future blog post.)

I found this disgusting fraudulent footnote and brought it to the very Judge who issued it.  And I set a trap for him.  I respectfully urged him to recognize that this footnote was false and that he ought to reconsider his opinion and order allowing the dealers to be rejected.  I knew he would not have the temerity to correct the record and that if he failed to do so, the fraud would then be elevated to intentional fraud.  When Gonzalez issued his 25 page opinion denying our motion to reconsider (which certainly did not state that the issue was frivolous), he failed to correct the footnote and in doing so he fell into the trap.

His fraud went from reckless disregard for the truth to intentional.

Furthermore, as you will see in the blogs to come, opposing counsel, in their attempts to stop the bleeding, took a cue from the judge and they also entered statements into their pleadings which were never stated in court by the witnesses.  When we called them on it, they made weird excuses alleging that they had a different transcript and the page numbers they cited were innocently wrong.  Yeah, right.  And we are the ones being sanctioned?  All of our pleadings were securely linked to testimony actually stated by witnesses.

If I ever tried to submit pleadings which took such creative liberties with witness testimony as was done by Jones Day and Judge Gonzalez  (a NYU law professor who was awarded the mantle of Chief Justice only five days before he denied our motion to reconsider), I would have been dis-barred faster than you can spit.

By the time I’m through explaining all of this to you, it will become clear that the biggest problem this country now faces is not Obama.  The big problem this nation faces is what the courts are willing to do to protect him and his US crushing policies.  The man was not kidding around when he said “change”.  And the courts are his willing stooges.

Much much more to come on this.  And believe me people, you better pay damn close attention to what I’m saying.

Please stand up and be heard by donating to pay this fraudulent sanction.  The links provided in my last two blogs include much of the filed pleadings and relevant opinions.  Read them.  Then ask yourself:  Is any of this “utterly frivolous”? 

Now consider that the 2d Circuit failed to even discuss these issues in their one page opinion and their one page sanctions order.  They refused to discuss it because they can’t deal with it.  If they compare the footnote to the testimony, it becomes obvious the footnote is false.  A court is supposed to explain itself when it makes an order… but not if Leo Donofrio and Steve Pidgeon are the counsel of record.  Oh no no no they don’t.  We get special treatment.

Steve and I have been told, “DO NOT ENTER”.  And they’ve convinced me that its futile to play in their court.  I don’t play in rigged card games.  They are scared of me and of my ability to spotlight their lies.  Hence the intimidation by way of sanctions.

I don’t need their courts to do that.  I got this blog.  This is your court and you are the judges.  I”ll take my case to the people and what the people do with it is up to the people.

Just don’t ask me to play in a rigged game. And please cast your vote by donating.  If you feel this was fraud on the court, please donate.  Any excess donations go to charity.

Leo Donofrio, Esq.

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