Saturday, October 6, 2018

Senator Graham's Defense of Due Process is Politically Motivated

Post 40

If you have been following the confirmation process of Judge Kavanaugh to the Supreme Court then you are probably aware of Senator Lindsey Graham's ardent support for Judge Kavanaugh. In an interview on Hannity on 9-27-18, Senator Graham called the confirmation process an "unethical sham." I believe it was on the same show that he said that if this was the new norm, "God help us all." On 10-2-18, in an interview on Fox, Senator Graham referred to the treatment of Judge Kavanaugh as reaching the "bottom." He said that if it is not [the bottom], "God help us all." On 10-3-18, in an interview at the Atlantic Festival, Senator Graham said that Dr. Ford was treated with respect during her testimony in the Senate Judiciary Committee's hearing investigating her sexual assault allegation against Judge Kavanaugh. He said that Judge Kavanaugh was treated like crap. The point I'm trying to make is that Senator Graham, as well as, many other Republicans have been quick to come to the defense of Judge Kavanaugh demanding that he be given "due process" and that he be treated with dignity. Senator Kennedy from Louisiana stated in the Judiciary Committee Hearing on 9-28-18 that this is no country without due process. President Trump weighed in on the issue of due process in a tweet today (10-4-18) tweeting: "This is a very important time in our country. Due process, fairness and commonsense are now on trial!" Judge Kavanaugh himself condemned the confirmation process as a national disgrace and stated that he was asking for a "fair process." I find it to be very interesting that Judge Kavanaugh is asking for a fair process now that he's the one being judged when his colleagues over at the Ninth Circuit Court of Appeals and the US District Court have refused to respect my rights to due process during two racial and disability discrimination lawsuits I filed against the City of San Jose and during several motions I filed relative to those lawsuits. The most egregious violations of my due process rights include the district court permitting the City and my attorney to dismiss a defendant without my knowledge and authority, without any reason given, after the City and my attorney had argued in papers to the court that the defendant had violated my constitutional rights. The City was then allowed to file a motion for summary judgment that was a total fabrication. Also, the courts' failed to follow well settle law when dismissing by first lawsuit based on the collateral estoppel effect of a small claims judgment against me where there was no litigation or any record whatsoever. District court officials then falsified several court records, staged a sham hearing on a motion I filed after informing me twice that there would be no hearing. After the sham hearing, the court entered a three sentence judgment denying my motion by finding that I failed to present evidence supporting my theories for relief, even though my motion was 23 pages long with over 20 exhibits. The transcript of the purported hearing states my motion was disposed of based on the City's "motion to dismiss" because I did not appear for the hearing, even though, I did not appear because a court official told me twice that I did not have to show up. The word for word account of the City's motion to dismiss was deleted from the transcript. If you think that this was bad, it got even worse. The second lawsuit I filed against the City for racial discrimination (I'm black/African American) was dismissed by the US District Court citing precedent that clearly proves my claim against the City of San Jose. When I appealed the decision to the Ninth Circuit Court of Appeals, the district court's decision was affirmed with a summary disposition. A motion for relief I filed with the district court relative to my second lawsuit was also denied by the district court. It was summarily affirmed by the Ninth Circuit Court of Appeals without allowing me to file an opening brief. The summary dispositions and the refusal to allow me to file an opening brief are gross violations of Ninth Circuit precedent.
The actions by the US District Court and the Ninth Circuit Court of Appeals are blatant violations of due process and involves several criminal acts committed with the purpose of obstructing justice, perpetrating fraud on the court, covering up racial and disability discrimination by San Jose city officials, and covering up a case-fixing scheme by federal court officials. Unlike the sexual misconduct allegations against Judge Kavanaugh, my allegations have a mountain of corroborating evidence that is clear and convincing. Let me make it very clear, I don't deserve to be believed. But I do deserve to have my allegations against the courts heard and investigated. I understand that my allegations might seem to be far-fetched. However, if you read some of my earlier posts and details posted on my group facebook page at the link below, I think it will be instantly recognizable that my allegations are true.


So that there will be no confusion as to the purpose of this post, it is to call out Senator Graham. Just as I called out two Democratic Senators in my last post on 10-1-18 for refusing to seek an investigation into my allegations based on letters I sent to them, Sentator Graham was sent a letter as well seeking an investigation. I have received no response from Senator Graham. I have no criticism of Senator Graham for defending Judge Kavanaugh's right to due process, even though there is no right to a position on the Supreme Court. My criticism and anger stems from the fact he has not lifted a finger to stand up for my right to due process. Like Senator Graham, I agree that it is a dangerous precedent for a person to be considered guilty until proven innocent, and that a uncorroborated allegation establishes guilt. However, unlike me, Judge Kavanaugh has the power and platform to defend his rights. He also has the President, Republican Members of Congress, and conservative members of the media and the public to stand up for him. I have no one because I have no political value to the Republicans or the Democrats. I have no power to force the City of San Jose or the federal courts to respect my rights which are guaranteed by the Constitution, federal and state statutes, and City policies. 

Senator Graham's, as well as, other Republicans' strong defense of due process and other democratic values based on their support for Judge Kavanaugh is politically motivated and not sincere. If Senator Graham was genuinely sincere about protecting due process, he would act swiftly to protect due process in those cases such as mine where there is nothing to gain politically. When Congress allows our judiciary to act without regard for due process and the rule of law without any checks as I described above, the good order of our society is jeopardized. This will be the likely result because of my two cases.

Monday, October 1, 2018

Why aren't the Democrats calling for an FBI investigation into my racial discrimination complaints against the City of San Jose and the federal courts

Post 39

The spectacle surrounding the confirmation process of Judge Kavanaugh to the Supreme Court by the Senate Judiciary Committee is truly disgusting and more evidence that our elected officials are corrupt, have no integrity, honor or shame. It wasn't enough for Democrats to act with such a lack of dignity during the confirmation process with theatrics and carefully orchestrated protests during the first confirmation hearing of Judge Kavanaugh. They sunk even lower during the second hearing Thursday (9-27-18) investigating the sexual assault allegation against Kavanaugh brought forth by Dr. Christine Blasey Ford in a letter that was suspiciously leaked to the press. Their questioning of Judge Kavanaugh was an embarrassment even by the low standard of decency they set in the first hearing. What I find disturbing about this allegation is that so many Democrats and their supporters in the media are quick to say they believe Dr. Ford's accusations against Judge Kavanaugh, even though, there is no corroboration of the sexual assault that is alleged to have occurred roughly 36 years ago in 1982 during a house party at an unknown location. It is also disturbing that many Republicans and their supporters are willing to believe Judge Kavanaugh after his testimony, even though there have been no facts presented that exonerate him. The only reasonable conclusion I draw from that hearing regarding Dr. Ford's allegation is that it was not a search for the truth. After the testimony of Dr. Ford and Judge Kavanaugh we are back where we started. Dr. Ford's allegation has not been proven. Judge Kavanaugh's innocence has not been proven. Both gave compelling testimony filled with emotion. But emotions are not facts. Facts should matter. Unfortunately, we now live in a time where facts have little relevance. Taking sides and pushing a political agenda is now more important than seeking the truth and making decisions based on facts. This confirmation process of Judge Kavanaugh to the Supreme Court shows that we are hopelessly divided as a nation, and that the things we say and do are driven by emotion and hate rather than commonsense and reason. I don't know whether to believe Dr. Ford or Judge Kavanaugh based on what has been presented so far. However, I do believe that many of our government officials, elected and appointed, have absolutely no integrity and no regard for the truth and the rule of law.

The purpose of this post is not to have a lengthy debate about the spectacle that is now going on with the Senate Judiciary Committee. Rather it is to call out two of the Democratic senators on the Committee that are calling for an FBI investigation of Dr. Ford's allegation against Judge Kavanaugh while refusing to call for an investigation into my allegations of racist and criminal misconduct by San Jose city officials, the US District Court and the Ninth Circuit Court of Appeals relative to two lawsuits I filed against the City. It is inconceivable that an FBI investigation will find evidence to corroborate Dr. Ford's allegation. According to Dr. Ford's letter and her testimony, there was only one other person in the room at the time she alleges that Judge Kavanaugh assaulted her. That witness, Mark Judge, has made a written statement under penalty of a felony that the incident alleged by Dr. Ford did not occur. Dr. Ford's friend Leland Keyser, who she alleges was at the party with her at the time the alleged assault occurred, also claims under penalty of a felony to have no recollection of such party.

The two senators on the Senate Judiciary Committee that I am calling out are Senator Dianne Feinstein and Senator Kamala Harris. I have no doubt that both senators care deeply about victims of sexual abuse. However, they also claim to be champions of civil rights and have been quick to refer to President Trump and Republicans as being racist. Yet, they have failed to respond to my request by letter and supporting documents that they seek an investigation into my allegations that San Jose city officials and federal court officials committed several public corruption crimes during litigation of the two lawsuits I filed against the City for discrimination based on my disability and race. I am black/African American. The crimes I allege include conspiracy, obstruction of justice, subornation of perjury, perjury, tampering with a witness, bribery and fraud. Public corruption crimes are precisely the type of crimes the FBI has authority to investigate. According to the FBI website, investigation of public corruption crimes are given priority.

I am again asking that Senator Feinstein and Senator Harris request an FBI investigation into my allegations against San Jose city officials and federal court officials. I am also asking the other Democrats on the Judiciary Committee who called for an FBI investigation based on Dr. Ford's uncorroborated allegation to request that the FBI conduct a criminal investigation into my allegations which are corroborated by evidence that is indisputable and overwhelming.

No one should mistake my calling out Democrats for refusing to seek an investigation into my allegations as me being a Republican or Republican sympathizer. I have equal disdain and criticism for Republicans based on their lack of action regarding my allegations of public corruption against San Jose city officials and federal court officials. I have made as many requests with Republican elected officials as with Democrats. The results have been the same. No investigation into this scandal that is a cover-up of the greatest abuses of power by government officials since Watergate. One of those Republican officials, Senator Lindsey Graham, sits on the Judiciary Committee with Senators Feinstein and Harris. Don't be fooled by this rift between the Democrats and Republicans over Judge Kavanaugh. It's all politics. They are not as divided as they pretend to be. They are all united in a conspiracy over one thing. That is to exercise no oversight over the federal district courts and courts of appeals as is mandated by the Constitution's separation of powers doctrine. They are content to allow the lower federal courts to operate with unfettered power, and to engage in criminal misconduct as outlined in complaint letters I filed with Members of Congress, the Ninth Circuit Court of Appeals, the FBI and DOJ. The statements you heard from both Republicans and Democrats during this disgraceful confirmation process proclaiming to support due process, equal justice, no one is above the law and other democratic values were not sincere. That is a fact you can believe. Elected officials should recognize that accusers making racial discrimination complaints should be heard just as accusers making sexual misconduct complaints. Additional details regarding this matter can be found in many of my prior posts and at: