Constitutional Crisis and Confrontation

Post 5/23

The cheating scandal exposed in my prior posts involving San Jose city officials and the federal courts shows that there is a constitutional crisis in America. The US Constitution is under direct attack by our federal courts, particularly the Ninth Circuit Court of Appeals and many of the district courts in the circuit. At no time in history, except for blacks during slavery and Jim Crow, has the Constitution been so meaningless. This is due primarily to public corruption instead of racism. People of all races are having their rights violated by the courts because of this corruption. Dont get me wrong. Im not saying racism has been completely eliminated. What I am saying is that corrupt government officials such as the San Jose city officials and the federal court officials I have exposed in this blog are as bad, and in some cases, worst than most of the segregationist government officials in the South during Jim Crow, when it comes to discrimination and regard for civil rights. I know that that statement might be controversial or provocative; but I believe it is true. I am black, I'm 60 years old, and I grew up in the South during Jim Crow and the Civil Rights Era, therefore, I have personal experience to draw upon. However, I want to make one thing very clear. I am only speaking for myself and my experience. Quite naturally, others may have had experiences that are totally different from mine. It is my hope that this post will be viewed from this perspective.

My reason for writing this blog is that I am totally shocked and appalled by the total lack of regard for the Constitution and the rule of law by the government officials involved in this scandal. I dont normally do things like this, but I am compelled to do so because the integrity of our courts and the security of our nation is at stake. According to the FBI, public corruption cases are given priority. Yet, all the FBI has given me is the runaround relative to my complaints about this matter. The same thing has occurred with my complaints to the House Judiciary Committee, the California Attorney General's Office, and the Santa Clara County District Attorney's Office. All of these folks took an oath to protect and uphold the Constitution. Yet, they have stood by and allowed the goverment officials in this scandal to trample all over the Constitution as if it was a dirty rug. Much of the conduct by these officials is criminal in nature (See my post on 9/27/15). It is clear to me that there is a loose conspiracy among the government to hide what appears to be widespread corruption and cheating in the courts. Shame on them! The government is so quick to address cheating in sports. But when it comes to cheating in the courts which is far more damaging, they have failed to provide the checks and balances provided for by the separation of powers doctrine of the Constitution. The lower federal courts have, in many cases, flat out refused to follow laws passed by Congress. Rather, they have legislated their own laws from the bench and has dared the other two branches of goverment to do anything to stop them.

It is time for the citizens of this country to stand up to these corrupt officials and say, enough is enough! That is precisely what I am doing with this blog. I am fed up, and I am mad as hell. It is enough to live through Jim Crow once; for the federal courts to force me to live through a similar experience a second time is a bunch of crap. As I explained in my prior posts, this cheating scandal revolves around a lawsuit I filed against the City of San Jose for violating my civil rights. I am not going to restate all the details since they are discussed in prior posts (See post on 8/23/15) and my group facebook page. I am only going to mention situations in which the courts have outright defied the US Constitution and made rulings based on their subjective feelings. One situation involve the application of collateral estoppel to a small claims judgment (state court judgment). When applying the preclusive effect of a state court judgment, the Constitution requires that federal courts follow preclusion law of the rendering state. Judge Ronald M. Whyte of the US District Court -San Jose Division said nope, I will apply my own rules. Judge Whyte also allowed San Jose attorneys to file a fraudulent stipulation of dismissal of a defendant (Tuck Younis) in clear violation of federal statutory law and the Due Process Clause of the US Constitution. His judgments are void. He has wasted his time and my time by entering them. The Ninth Circuit Court of Appeals has also wasted their time and my time by affirming Judge Whyte's bogus judgments.

The Ninth Circuit Court of Appeals has one more chance to get it right based on a request for a panel rehearing I filed on 8/14/15. If not, a constitutional crisis looms and there will be a confrontation between me and the courts over this matter. Hold your horses! I dont mean to suggest in any way I will be marching down to the courts with a militia in tow or that I will engage in some violent act. I detest violence. What I am saying is this. I cannot be lawfully bound by the current judgments of the US District Court and the judgments of the Ninth Circuit Court of Appeals that affirms them because they are void and are tainted by substantial fraud. It is my sincere hope that a confrontation can be avoided by the Ninth Circuit reversing itself and following the law. Otherwise, I will not be voluntarily bound by the current void judgments; and I will use any lawful means at my disposal to challenge them. You can access my group facebook page at this link https://www.facebook.com/groups/624131267713226/ for additional details. 

Message to San Jose Mayor Sam Liccardo and the San Jose City Council - Fire City Attorney Richard Doyle!

Post 4/23

If you have read my prior posts, you know that I have accused Mayor Liccardo and the City Council of covering up criminal misconduct by the San Jose City Attorney's Office and the federal courts relative to a lawsuit I filed against the City. Many of the criminal acts relate to public corruption and are felonies. As stunning as these allegations are, they are true. Please read my third post in order to see my specific allegations and evidence to support them. Even though City officials and federal court officials have not denied my allegations, there hasn't been an investigation into this matter at any level, just a cover-up.

The reason I am singling out City Attorney Richard Doyle to be fired is that he has run his office as if it is a criminal enterprise based on my case alone. His judgment in this matter has been one of the worst cases of poor judgment I have ever seen. The evidence of extremely poor judgment does not stop here. As I stated in my open letter that is Post #1, the City's very own propaganda apparatus, the San Jose Mercury News, implied that Mr. Doyle used poor judgment and unethical tactics during the litigation of several high profile cases the City lost, costing taxpayers millions of dollars.

Mr. Doyle was given several opportunities to resolve the issue surrounding my lawsuit. That issue is the denial of my CCW permit, without a hearing, upon my retirement from the police force in 2004. CCW permits are very important to retired police officers because they provide personal protection and possible financial opportunities. Another important reason exists as well. Armed and well trained retired police officers can provide additional protection to their communities in these days of mass shootings and threats from terrorists. The issuance of CCW permits to retiring police officers is about a routine a matter as there is by the SJPD. Protocol is in place to ensure that officers' due process rights are protected. The CA legislature made sure of this by requiring that law enforcement agencies provide an officer a full adversary due process hearing if the agency wants to deny a retiring officer a CCW permit in all cases, except for psychological disability retirements. The hearing requirement is a very important right that is protected by the Fifth Amendment Due Process Clause according to the US District Court. The SJPD and City policy provide additional due process protections as well. Yet, Mr. Doyle and several police officials denied my CCW permit several times by failing to follow protocol and rejecting authoritative information that they stated was "crystal clear" I was entitled to a CCW permit. Their acts were flagrantly discriminatory and punitive and was done with the clear intent to inflict emotional distress and cause me financial harm.

More disgusting than City officials' decisions to deny my CCW permit knowing that their decisions were wrong, is the fact that they rejected several opportunities when I reached out, let me correct that, begged them to work with me in resolving this issue. I asked a police official (Captain Tuck Younis) if we could resolve this matter without me having to hire an attorney and turning this into a "federal case." I pointed out that at that time there had not been any cost to me or the City. He said no. When I asked him if there was anything I could do to resolve this issue without having to hire an attorney, he said no. I was left with no choice but to seek legal representation that cost me several hundred dollars.

City officials later acknowledged that their decisions to deny me a CCW permit were wrong. Yet in 2005 and 2006, Mr. Doyle and the City Attorney's Office wasted several opportunities I provided to settle a claim I made for compensation for the financial loss I suffered when I hired an attorney. This was done in spite of the fact that I said I would swallow my pride and agree not to file a lawsuit against the City for emotional distress, punitive damages and other financial loss. Mr. Doyle rejected these offers that would have cost the City as little as $1,000. Rather, he chose a path that resulted in litigation in federal court in 2006. This litigation has cost the City thousands of dollars. My estimate is that the City's legal costs are in the neighborhood of $200,000. However, the worst part of this fiasco is the criminal misconduct by the City Attorney's Office and the federal courts relative to my lawsuit and the cover-up by Mayor Liccardo, the City Council and other entities of the City. As I stated in one of my prior posts, the decisions of the courts relative to my lawsuit are void judgments; and I will not be voluntarily bound by these void judgments that are tainted by fraud. My case is now pending action by the Ninth Circuit Court of Appeals.

Again, here is my message to Mayor Liccardo and the City Council: FIRE CITY ATTORNEY RICHARD DOYLE and initiate an investigation into this matter immediately per City policy. If not, it is only going to get worse. City leaders should keep in mind that Mr. Doyle could have gotten the City out of this mess for as little as $1,000, as opposed to, the estimated $200,000 and counting the City has spent on litigation. For additional details, please access the following link: https://www.facebook.com/groups/624131267713226/