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.

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