Corruption in the judiciary?

Must read. Seems the corruption extends all the way to the US Supreme Court.

Where have all the cases gone?
By Scott E. Stafne

I was telling opposing counsel that as the lawyer for a servicer successor to Countrywide she needed to make sure no acceleration notice had been issued with regard to the defaulted upon loan before my client’s mortgage was transferred to BOA on or about January 1, 2009. She asked why she needed to do that. I responded that under a recent case out of the federal district court Washington attorneys had an obligation under Rule 11 to verify the absence of limitations defenses.

She said, she didn’t believe me.

So I told her to hold on and brought up my WestLaw legal database. I was flabbergasted. Judge Peterson’s opinion sanctioning me for not anticipating a limitations defense in a
complaint was not there. I immediately suspected the empire’s corrupt legal publishing system.

I have previously written about my concern that the 1% who own everything (including the legal publishing industry) and/or the judicial department itself unfairly and corruptly influence the collection and reporting of legal decisions. On April 2, 2015 I
complained about this in a blog entitled “Do private publishers of legal decisions attempt to influence precedent”. I pointed out that U.S. District Court Judge Richard A. Jones of the Western District of Washington had authored a significant decision discrediting one of MERS legal theories. I told a representative of the private publisher, WestLaw, that I believed this decision should be available to homeowners and their attorneys. I even pointedly asked whether WestLaw was biased in favor of MERS with regard to those decisions which it included in its database.

I was told to put my concerns in writing. So I wrote to WestLaw, which is owned by Reuters (which is likely owned by one of the six big media companies who own 90% of the media) and asked why this decision not been published. “Oversight”, the legal
publisher belatedly responded several days later.

I didn’t believe that then and believe it less so now. But here is a copy of the letter WestLaw sent me indicating the MERS decision would be included in its database.

It is problematic when judges and/or legal publishers, either by themselves or together, seek to alter those decisions which favor one side of a societal issue, like foreclosures.
But such practices appear commonplace.

Indeed, there are frequent reports that United States Supreme Court justices sometime change their decisions after they have been published. Here is one such report. This is the equivalent of Congress changing a law after it has been signed by the President.
Query, whether secret manipulation of judicial decisions after the fact is consistent with
the notion of judicial power expressed in the Federalist Papers #78? I think not.

In criticising the integrity of the federal courts I rely mostly on my own experiences, rather than on articles by others. Let me give you an example.

Early in my career William Schwarzer, who at one point was the Chief federal district court judge for the Ninth Circuit, committed an obvious violation of the Fishery Conservation and Management Act by issuing an injunction stopping my clients from
fishing before the conclusion of judicial review. I brought an emergency appeal to the Ninth Circuit, which couldn’t care less. When it was clear that Court was not going to timely consider whether Schwarzer’s closure in violation of an express statutory
prohibition for doing so was legal, I brought a mandamus action against the Ninth Circuit. Much to my surprise (and probably every one else) then Chief Justice William Rehnquist took the action under advisement and ordered the Ninth Circuit to grant the relief I requested.

When I later tried to obtain these court decisions, i.e. Rehnquist’s order and the Ninth Circuit’s order in favor of my clients, I was told no court (Supreme Court, Ninth Circuit, nor the Federal District Court) could not find them and/or perhaps they did not exist.

Hmmm, I thought. How easily history vanishes. So I started searching google’s newspaper database. Although that database is limited, here is what it shows:

On July 30, 1979 Judge Schwarzer illegally closed the salmon troll fishery off Washington.

August 7, 1979 salmon troll organizations appealed Judge Schwarzer’s decision to the Ninth Circuit.

August 20, 1979 Justice Rehnquist becomes involved in the dispute.

August 28, 1979 and August 29, 1979 – Reports that salmon season may be extended.

So history didn’t vanish. Just those judicial decisions did.

I wrote about Justice Rehnquist’s missing order and the missing decision of the Court of Appeals responding to it in my blog. See Article 1 and Article 2.

But the judicial branch of government apparently didn’t care that no one could locate these records.

But we, the people, should care.

Our founders intended the legitimacy of the judicial branch to be evaluated based on its judgments. Do the courts of the empire really believe the people are so stupid that we won’t catch on when they refuse disclose their judgments or alter their judgments after the fact? Do the courts of the empire now believe that they their decisions are enforceable by the brute force of the government even if the vast majority of the people dispute the legitimacy of their authority?

There was a time, before the courts destroyed our judicial branch of government, when the law was a noble profession. However, that has definitely changed.

Like a hobo I was born to walk alone…..

My fav song back in the day – because it described my life precisely.

Today, it is even more relevant to my solitary life.

I don’t know where I’m going
But, I sure know where I’ve been
Hanging on the promises
In songs of yesterday
An’ I’ve made up my mind,
I ain’t wasting no more time
But, here I go again
Here I go again

Tho’ I keep searching for an answer,
I never seem to find what I’m looking for
Oh Lord, I pray
You give me strength to carry on,
‘Cause I know what it means
To walk along the lonely street of dreams

An’ here I go again on my own
Goin’ down the only road I’ve ever known,
Like a hobo I was born to walk alone
An’ I’ve made up my mind
I ain’t wasting no more time

I’m just another heart in need of rescue,
Waiting on love’s sweet charity
An’ I’m gonna hold on
For the rest of my days,
‘Cause I know what it means
To walk along the lonely street of dreams

An’ here I go again on my own
Goin’ down the only road I’ve ever known,
Like a hobo I was born to walk alone
An’ I’ve made up my mind
I ain’t wasting no more time

But, here I go again,
Here I go again,
Here I go again,
Here I go…

An’ I’ve made up my mind,
I ain’t wasting no more time

An’ here I go again on my own
Goin’ down the only road I’ve ever known,
Like a hobo I was born to walk alone
‘Cause I know what it means
To walk along the lonely street of dreams

An’ here I go again on my own
Goin’ down the only road I’ve ever known,
Like a hobo I was born to walk alone
An’ I’ve made up my mind
I ain’t wasting no more time…

But, here I go again,
Here I go again,
Here I go again,
Here I go,
Here I go again…

Building a new potting bench – June 2015

It’s been so long since I had a tool belt on (yes, I have a tool belt!). ????

After Vincent and Regina died so unexpectedly, I didn’t feel like doing anything at all for a very, very long time.

Regina had some really cute outside patio things that she had on her potting bench and in her back yard. They are in boxes in my garden shed.

So I’ve decided to build a potting bench so I can put all of her cute things on my deck.

I found a beautiful leaded glass window sash from an old house that will be the backdrop. It will have lots of shelves for things too.

Leaded Window Sash

It feels good to feel like my old self, finally.

Why is there no massive anti-war movement in America?

Best read I’ve seen in a long, long time.

“In a world of war-making that has disappeared into the shadows and a Washington in which just about all information is now classified and shrouded in secrecy, the only way to be “safe” and “secure” as a citizen is, by definition, to be ignorant, to know as little as possible about what “our” government is doing in our name. This helps explain why, in the Obama years, the only crime in official Washington is leaking or whistleblowing; that is, letting the public in on something that we, the people, aren’t supposed to know about the workings of “our” government.”

Sometimes serving your country means standing up against it.

Being Kind is Awesome!

Just when I begin to wonder what’s happening with humanity, I’m giving the gift of seeing something like this.

Being Kind is Awesome!

If this made u smile, #share it to spread the smile!

Posted by The Logical Indian on Thursday, March 19, 2015

Shoulder Surgery Recovery

Right shoulder labral repair surgery was March 12th. I’ve been working from home full-time since March 16th.

This past week is the first time I’ve felt I might be able to do my hair.

I have to go back to the office (48 mile commute – one way) this coming Thursday.

My right arm and shoulder feels very weak. I know it takes time.

I’m grateful for having a wonderful job that has allowed me to recover from home.

But I have to be honest – I’m not looking forward to the 5:30 AM wake up and the 1.5 hour commute.


Frodo died yesterday

FrodoSummer2009Our (Matt’s) beloved Frodo, the pick of the one litter of pugs born in 2005, had a massive stroke yesterday.

We rushed him to the vet who immediately referred us to a critical care vet nearby.  They were wonderful and got him in right away.  They did some blood work to rule out certain things and made him comfortable.

He couldn’t stand up and his eyes were unable to focus and moved oddly.  He didn’t appear to be able to see us because when we got close to his face, he didn’t lick us like he normally would.  One of his legs was being held out straight as if he couldn’t bend it.  His head was looking way to the side as if he couldn’t hold it straight.

The wonderful vet said she hadn’t seen a stroke as bad as Frodo’s.  She gave him a 30-40% chance of improving overnight and IF he did improve, he was facing a very long recovery.  He’d likely never play or be the same again.

With that prognosis, we, as a family, decided the most compassionate thing to do was to put him out of his misery.

I held him in my arms as the injection was given.  He went very peacefully and is buried in our backyard with our beloved Golden Retriever Teeko and our German Shepherd Rajah (both also died in my arms).

Matt brought him into the world by removing the placenta (Xena, his mom-pug wasn’t the most attentive) so he was bonded to Matt.

Matt and Frodo

I am still in shock.  He was so healthy and vibrant.

Here’s a link to a video of Frodo playing in the backyard last summer – I just loved being out there with him.

Rest in peace, dear Frodo.  I’ll see you when I get there.

Frodo – Summer 2014

Matt’s visit – March 2015

Today I’m blessed to have both sons home.  Oh they are both out and about but this is where they will lay their heads tonight.


Matt and I’ve had a rough time this past year. This trip has been about healing.

If I’ve taught my sons anything, it’s that we talk about our problems. It’s been hard to talk to Matt with him so far away.

Ok, that’s bullshit.

It’s been hard to talk to him because I’ve been angry. And my anger is a tool to cover hurt.

I own it.

That’s gone now.  We had a very emotional conversation his first night here.  It was healing.

We needed that.

And the rest of his visit has been so nice.  He’s been working hard on his film project and it’s just been good to have daily life with him in it.

At what point do we let go of our distance and honor what time we have left?

Death has been a huge part of my thinking and I can’t help but wonder if living so far from each other is how we should be spending the twilight of my life?