Monday, February 13, 2017

Message to President Trump - Defy the 9th Circuit's Order - A Constitutional Crisis is Long Overdue

Post 17/23

It is no secret from my blog posts that I have a very low opinion of the federal courts, particularly the 9th Circuit Court of Appeals and the US District Court - San Jose Division. From my prior blog posts it should be easy to see that I am in an on-going battle with the courts seeking relief from judgments in two lawsuits I filed against the City of San Jose that are clearly unlawful. So it strikes me as being somewhat hypocritical that a US District Court and the 9th Circuit would rule that Trump's Executive Order temporarily banning travel from several Muslim countries does not comport with the law. The rulings of the two courts are clearly political and not legal. The 9th Circuit Court of Appeals and many of the districts courts in the 9th Circuit have no regard for the rule of law. In my two lawsuits, the US District Court - San Jose Division and the 9th Circuit Court Court of Appeals have, so far, refused to follow laws passed by Congress that implement requirements of the Constitution. I will not in any way comply with their orders. I have informed both courts of this fact.

If  President Trump strongly feels that the 9th Circuit and the US District Court rulings prohibiting him from implementing his Executive Order are clearly in error, my advice to him would be to defy their rulings and implement his order anyway. It is clear that the separation of powers doctrine have no meaning to many federal courts. It is without a doubt that the 9th Circuit Court and many district courts within the circuit are flat out refusing to follow laws passed by Congress, yet they expect the legislative and executive branches to follow ruling they make that are often political and are not made in good faith.  

It is time for the legislative and executive branches to stand up to the courts and refuse to follow their orders that are political and are not consistent with the Constitution and well settled precedent. This will create a constitutional crisis that is long overdue. Unfortunately, many of our elected and appointed government officials have no courage to criticize or stand up to the courts that are operating with a totalitarian mentality. It is time to bring the separation of powers doctrine back into balance with push back from the legislative and executives branches over the courts' usurpation of their powers. The issue over President Trump's Executive Order should be the catalyst for this needed change.



Thursday, February 2, 2017

More Oversight for San Jose Police as Mayor and City Council Covers Up Thier Own Misconduct

16/23

My last post on January 17 called out the San Jose Inside (SJI) newspaper for covering up corruption by San Jose Mayor Sam Liccardo and the San Jose City Council. SJI published an article on January 13, 2017 regarding Mayor Liccardo's committment to expand oversight of the City's police department. I posted two comments to that article criticizing Mayor Liccardo and the City Council for expanding police oversight while covering up their own bigoted and malicious acts against me by refusing to investigate my discrimination complaints. SJI removed my comments without explanation. SJI is nothing more than a mouthpiece for the City. See my post on January 17 for more details.

Just when you thought this bulls**t about more police oversight would be over, the San Jose Mercury News published an article on January 21, 2017 by Robert Salonga titled: San Jose: Scholars, city leaders, 49ers unite to tackle police-race issues. The article was about a "Community Trust in Policing" forum hosted by the City's Independent Police Auditor Walter Katz. The purpose of the forum was to kick off an outreach effort in response to the national firestorm from 49er quarterback Colin Kapernick's refusal to stand for the national anthem. High profile figures attending the forum included Harry Edwards, 49ers CEO Jed York, 49ers wide receiver Torrey Smith and San Jose Police Chief Eddie Garcia. York donated one million dollars to help fund this outreach. This outreach is nothing more than an effort to solicit complaints from citizens against police officers. Folks, this was just a publicity stunt, a dog and pony show.

I am not against oversight of the police. But at some point enough is enough. Just about every Civil Grand Jury in Santa Clara County for the last few years has had either criticism of law enforcement or recommendations for new policies they wanted law enforcement to implement. Just a few years ago, San Jose police officers were subjected to an internal investigation and an audit by the City over a pay job scandal. In December of 2012, former IPA LaDoris Cordell solicited complaints against police officers in the City's utility bills. When Ms. Cordell retired in 2015, one local newspaper stated that she had brought unprecedented accountability to the San Jose Police Department. Now as you can see from my post on January 17 and today's post there will be much more oversight of the police. These are cases of oversight that I am stating off the top of my head. I'm sure there are many more cases than these. Isn't unprecedented accountability good enough?

While City officials have overburdened police officers with oversight, investigations and audits, Mayor Liccardo and the rest of the City Council have engaged in a cover-up of their own discriminatory acts against me, as well as, the cheating scandal involving the City Attorney's Office and the federal courts. The Mayor and City Council have refused to conduct an investigation into formal complaints that I have made alleging discrimination based on my disability and race, and an allegation of a criminal cover-up by City officials and the courts, even though, City policy and state law require them to do so. Some of the crimes I am alleging are conspiracy, subornation of perjury, bribery, obstruction of justice and honest services fraud. The evidence of these crimes is indisputable and overwhelming.

In comments I posted to the Mercury News article, I asked the Scholars, city leaders, and 49ers that attended the forum on police-race issues to join me in calling for an investigation into my complaints against the above City officials. I am also asking the attendees and the public to join me in calling for the City's elected officials and top appointed officials to receive the same oversight as that of the rank and file police officers that put their lives on the line everyday protecting the citizens of San Jose.

Here are the comments I posted to the Mercury News article:

This is just another insincere exercise in political correctness pushing a false narrative. I am a black retired San Jose police sergeant. I was denied a CCW permit by the City upon my retirement because of bigotry based on my disability and race. I ended up filing two lawsuits against the City for civil rights violations that are on-going. Mayor Liccardo, the City Council and the local federal courts are engaged in a criminal cover-up of this matter. The residents of San Jose ought to know that their leaders over at City Hall treated me with less respect and dignity than the Confederate Flag waving segregationists I encountered when I was growing up in the South during Jim Crow. Mayor Liccardo and the City Council refused to respond to my discrimination complaints as required by City policy. If they are so concerned about racism of the City's police officers, they should set a better example for them to follow. Here are links with more details about my case:
https://www.facebook.com/group...
www.opnlttr.com/letter/open-le...
http://crnctz.blogspot.com/201...

9th CIRCUIT
COURT OF APPEALS CONDONES “JIM CROW” ACTS

CORRUPTION BETWEEN
CALIFORNIA STATE JUDICIARY AND THE FEDERAL COURT JUDGE(S)?

Fred Bates
· 

Fred, you were a great cop and a good friend and co-worker. I hope you win and take these politicians to task at City Hall.
Thanks for the words of encouragement! I hope everything is well with you. As a friend of mine, you know I was never keen on being politically correct and pushing feel good agendas that were not based on fact. I always tried to be truthful and respect everyone. But it is hard to take on City Hall because they are willing to lie and cheat, even in court. It is my intent to take them to task and expose City Hall for what it is. A cesspool of corruption! If those scholars, city leaders and 49ers are serious about eliminating bigotry, they will join me, a black man, in calling for an investigation into my discrimination complaints and cheating allegations against the City Attorney's Office, the Mayor and City Council. I am also asking all of the residents of San Jose to call for an investigation as well. Let's get this out in the open since the City says it believes in transparency. To Mayor Liccardo and the City Council, this is only the beginning. It is my intent that 2017 will be a year you will not soon forget.

So far, all I have heard is deafening silence. Shame on the City of San Jose and Santa Clara County!