Post 13/23
On October 31, 2016, I made a post targeting former US District Judge Ronald M. Whyte. Judge Whyte is at the center of this cheating scandal I am exposing that involves Judge Whyte and the San Jose City Attorney's Office. I referred to Judge Whyte as the 21st Century Bull Connor. Today, I will take aim at the Ninth Circuit Court of Appeals for their role in this scandal. With this post, I am also keeping a promise I made to the Ninth Circuit that I would make a strong public protest because of their unlawful rulings. The Ninth Circuit Court of Appeals is as equally corrupt as Judge Whyte and operates on the same level as courts in many totalitarian states (nations) that our government is quick to criticize. I believe that most federal courts in the South during Jim Crow treated blacks better than the Ninth Circuit treats many of the litigants that have the misfortune of having their appeals decided by the court. It is clear that their role is to cover up misconduct by the federal district courts in the Ninth Circuit. Just as it says in the title, many of the judges in the Ninth Circuit Court of Appeals have no integrity and no honor.
As I noted in my post about Judge Whyte, he and attorneys for the City of San Jose engaged in very serious misconduct during the litigation of my first lawsuit against the City that amounts to criminal conspiracy and obstruction of justice (I will address a second lawsuit I filed against the City later in this post). It appears that Judge Whyte was paid off by the City. Judge Whyte should have been impeached for the crimes he committed just as disgraced former federal district judge Thomas Porteous. Yet, the Ninth Circuit affirmed all of the crooked decisions by Judge Whyte when I appealed them. During my appeal of Judge Whyte's order granting the City's fabricated motion for summary judgment, the panel hearing my appeal was openly hostile towards my case despite the Ninth Circuit's mission statement stating the following: "The mission of the Ninth Circuit Court of Appeals is to provide an impartial forum for the just and prompt resolution of cases through the uniform and coherent application of the Constitution and the laws of the United States of America."
How is it being impartial when a judge (presumably Judge William Fletcher) on the panel asks why is he making this a federal case? He then goes on to ask why I didn't just drop my case after I had filed a small claims action against the City. If Judge Fletcher had a record from my small claims case as is required by preclusion law, he would have known the answer to that quetion. He would have known that there was no litigation in my small claims case because the Small Claims Court Commissioner ruled that he had no authority to hear my case. But Judge Fletcher and the other judges on the panel, Judge John Noonan and Judge Kevin Duffy, did not care about laws relative to my case. The comments by Judge Fletcher is indisputable evidence that these judges were predisposed to rule against me; and they did. They were only interested in protecting the crooked Judge Whyte.
The same thing happened with my appeal of Judge Whyte's order denying my Rule 60 motion for relief from judgment. As I noted in my post about Judge Whyte on October 31, 2016, he staged a phony hearing on my motion after court officials misrepresented my motion in court dockets as pertaining to court costs. There were forbidden ex parte (secret) communications between court officials and the attorney for the City. Judge Whyte entered two conflicting judgments on my motion in order to justify denying it. Folks, this is true. You can't make this stuff up. Yet again, a panel of judges from the Ninth Circuit affirmed the crooked ruling of Judge Whyte. The judges on this panel were William Canby, Carlos T. Bea and Mary H. Murguia.
The latest disgraceful act by the Ninth Circuit is the summary affirmance of Magistrate Judge Nathanael Cousins' ruling dismissing my second lawsuit filed in US District Court against the City of San Jose, Mayor Sam Liccardo and the City Council. What is so despicable about the ruling of Judge Cousins is that he relied on cases cited as precedent by the City in dismissing my case that actually prove my claims and disproves the the defenses of Mayor Liccardo and the City Council. This is the absolute truth. Yet, the Ninth Circuit affirmed Judge Cousins' order. The panel of judges that are alleged to have made this ruling are Chief Judge Sidney R. Thomas, Circuit Judges Edward Leavy and Barry G. Silverman. However, it is apparent that the order was written by some motions attorney with the initials "KML." To prove the claims I just made, I will post a motion for reconsideration I filed asking the Ninth Circuit to reverse its clearly erroneous judgment.
Folks, our great democracy is being threatened by public corruption from many of our judges, as is evident in the Ninth Circuit Court of Appeals and the US District Court-San Jose Division. Many of these judges engage in outright cheating. This unabashed cheating "stains the nations' honor" to borrow words from Senator John McCain in referring to the VA waiting list scandal. Even though public corruption in our courts appears to be widespread, it has gotten very little attention form the media and other government officials. What a shame. Because a true test of democracy is how disputes are settled between the government and its citizens in the courts. If the playing field is not level for citizens, you do not have democracy; you have totalitarianism. There is no public corruption worse than that of federal judges because of their positions of trust and honor, and because of their lifetime appointments with little or no oversight. It is incumbent upon ordinary citizens like you and me to stand up against these crooks or we will lose our basic freedoms.
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