Adam Schiff is No Defender of the Constitution

Post #64 (January 22, 2020)

Today House Intelligence Committee Chairman Adam Schiff is making oral arguments for the HOR in the Senate's impeachment trial of President Trump. Just as Democrats have stated on numerous occasions, Schiff is trying to make the case that Trump was impeached in order to protect the Constitution and democracy. Congressman Schiff is a liar and a fraud. In a letter dated April 27, 2018, long before this sham impeachment by Democrats, I pleaded with Congressman Schiff to help me assert my constitutional rights that were violated by the City of San Jose, the US District Court in San Jose, and the Ninth Circuit Court of Appeals during the litigation of two discrimination lawsuits I filed against the City of San Jose. I am black/African American. Not only did the City and the courts violate my constitutional rights to due process and equal protection of the law, but they also committed several crimes that include bribery, conspiracy, fraud, obstruction of justice, subornation of perjury and perjury. These crimes fall well within the constitutional requirements for impeachment, bribery, or other high crimes and misdemeanors. Congressman Schiff refused to respond to my complaint letter, and he refused to open an investigation into my complaint. It is an absolute certainty that our federal judiciary, particularly the Ninth Circuit Court of Appeals, is far more corrupt and dysfunctional than the White House; and is a bigger threat to democracy than Trump. Yet, thanks in part to Adam Schiff, the President is facing removal from office for conduct that's clearly not impeachable under the Constitution. While at the same time, several federal judges are being protected by Schiff who has made a conscious decision to cover up their impeachable offenses committed during the litigation of my two lawsuits against the City of San Jose. Corrupt federal judges have, in many cases, suspended the Constitution and placed them themselves above the law. Ironically, Adam Schiff and the Democrats are making these claims against President Trump and are now trying to remove him from office based on a phone call he made with President Zelensky of Ukraine.

It is outrageous that Congressman Schiff can stand before the Senate and the American people and condemn the President in a dubious claim that he is standing up for the Constitution and the rule of law while refusing to stand up for the constitutional rights of a black/African American citizen. It is clear that Congressman Schiff cares less about the Constitution and more about removing Trump from office by any means. Below is a copy of the letter I sent to Congressman Schiff:

Frederick Bates

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                                                                                                            Folsom, CA 95630

                                                                                                            (408) -----------

April 27, 2018

Congressman Adam Schiff

2372 Rayburn House Office Building

Washington, D.C. 20515

Re: Public corruption complaint against officials with the City of San Jose, the U.S. District Court – San Jose Division and the Ninth Circuit Court of Appeals 
 

Dear Congressman Schiff,

            The purpose of this letter is to bring to your attention public corruption complaints I filed with the F.B.I., the Department of Justice, the House Judiciary Committee, and Chief Judge Sidney R. Thomas of the Ninth Circuit Court of Appeals against officials with the City of San Jose, the U.S. District Court – San Jose Division and the Ninth Circuit Court of Appeals relative to two lawsuits I filed against the City. Please be aware that I have also notified several other members of Congress seeking their help in opening an investigation into my complaints. The members of Congress include, Senators Feinstein, Harris, McCain and Graham; Speaker Paul Ryan, House Judiciary Chairman Bob Goodlatte and Congresswoman Zoe Lofgren. So far I have only received one response from Senator Feinstein that does not address my request for an investigation.

            I have enclosed copies of my complaints that contain indisputable facts and evidence that San Jose city officials conspired with district court officials to obstruct justice during the litigation of my first lawsuit by falsifying court dockets, creating a false document regarding a fraudulent stipulation of dismissal and staging a fake hearing on a Rule 60 motion I filed and then creating a false transcript of that purported hearing. It should be noted that I was told by a court official over the phone and in person that there would be no hearing on my motion. As to my second lawsuit, Ninth Circuit Court of Appeals officials terminated an appeal I filed challenging the district court’s denial of my motion for relief from judgment without allowing me to file an opening brief. It is unmistakable that the judgments in both of my lawsuits are flagrantly biased, based on fraud, and are inconsistent with federal statutory law, the U.S. Constitution and binding precedent of the Supreme Court and Ninth Circuit Court of Appeals. The judgments are void and unenforceable by law. Yet, the judgments are being enforced by the courts. I find this to be intolerable.

I am well aware that I do not reside in your congressional district and that you are not my representative in Congress. I am bringing this matter to your attention out of extreme anger and frustration because of the lack of response my complaints have gotten by members of Congress, the Judiciary Committee, the F.B.I. and D.O.J. I am counting on you to take action on my complaints based on a statement you made during the impeachment of former district judge Thomas Porteous Jr. During those proceedings, you stated that litigants have the right to expect a judge hearing their case will be fair and impartial, and avoid even the appearance of impropriety.

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Not only were the judges in my cases biased, they made no attempt at all to avoid the appearance of impropriety.

My anger and frustration also results from the fact that as a black/African American that grew up in the South during Jim Crow I have been treated with less respect and dignity by San Jose city officials and the federal courts than I was treated by the segregationist government officials I encountered. I am desperate to obtain a fair resolution to this matter. To that end, I am willing to take some extreme measures. This is not a threat to engage in violence. But going to jail in protest of this blatantly racist and bigoted violation of my rights by San Jose city officials and the courts is clearly an option for me. At this point, I feel I have nothing to lose.

It is absolutely stunning that many of the same members of Congress I notified about my complaints called President Trump a racist based on an alleged comment he made about African countries in a private meeting. But they have done nothing in regards to my complaints, even though I allege that San Jose city officials discriminated against me based on my race and disability, and that these officials committed several crimes relating to public corruption. It is also stunning that San Jose city officials and courts within the Ninth Circuit are willing to grant privileges to undocumented immigrants and refugees while at the same time I am being deprived of my rights that are guaranteed by law. Many of the members of Congress I just mentioned in this letter, including you, support the pro immigrant efforts of San Jose city officials and the federal courts. Certainly, one would think that I should be treated with the same respect and dignity as non-citizens. After the humiliating experience of living in the South during Jim Crow, I have paid my dues.

It is clear that there is a cover-up occurring of this scandal, not only to hide the racist conduct of San Jose city officials, but also to hide the fact that the Ninth Circuit Court of Appeals and many district courts within the circuit are engaging in a huge case fixing scheme. It is my hope that you will take advantage of the small window of opportunity that’s left to address my complaints, otherwise, I will make good on my promise to take care of this matter in my own way. Please read the enclosed documents, especially the letter and attachments I sent to Ninth Circuit Court of Appeals Chief Judge Sidney R. Thomas. They prove without a doubt that the judgments in my cases are void; that criminal misconduct occurred during the litigation of my cases; and they contain my demands that must be met in order for this matter to be resolved.

                                                                                                Sincerely,

                                                                                                Frederick Bates 

Chief Justice Roberts Condemns Fake News With His Own Fake News

Post #63 (January 9, 2020)

On December 31st of this past year (2019), Chief Justice Roberts condemned social media for sometimes instantly spreading false rumors and information on a grand scale in his annual message summarizing the work of the federal judiciary. Many viewed Justice Roberts' message as a critique of President Trump that was a reminder of his rebuke of the President for making comments that 'Obama judges' had made biased rulings undermining Trump's immigration policies. Justice Roberts stated that we do not have Obama judges or Trump judges, Bush judges or Clinton judges. He said that we have an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. Justice Roberts further stated that an independent judiciary is something we should all be thankful for. In a post on December 18, 2018, I opined that Justice Roberts had lost all credibility for rebuking President Trump for his criticism of federal judges while at the same time covering up abuse of power and criminal misconduct by courts in the 9th Circuit. I expressed outrage at Justice Roberts' bogus claim that federal judges were doing their level best to do equal right to those appearing before them. I explained that Justice Roberts refused to take action on a complaint letter I sent to him accusing the 9th Circuit Court of Appeals and the US District Court in San Jose of blatant bias and criminal misconduct that favored the City of San Jose during the litigation of two lawsuits I filed against the City.

In his message on December 31st, 2019, Justice Roberts again extolled the virtues of an independent judiciary. He also warned about the dangers of misinformation (fake news) in the internet era. Justice Roberts stated that because of social media's ability to spread rumor and false information on a grand scale, the public's need to understand our government , and the protection it provides is ever more vital. He said that we should celebrate our strong and independent judiciary because it is a key source of national unity and stability. But to his credit, Justice Roberts warned federal judges that justice is not inevitable. He said that we (judges) should reflect on our duty to judge without fear or favor, deciding each matter with humility, integrity, and dispatch. He further stated that as the New Year begins, and we turn to the tasks before us, we should each resolve to do our best to maintain the public's trust that we are faithfully discharging our solemn obligation to do equal justice under the law.

I again condemn Chief Justice Roberts for his blatant hypocrisy with his latest message warning about the dangers of fake news and the need for the public to understand our government and the protections it provides. Justice Roberts should not be the one to lecture Americans about the need to understand our government. Justice Roberts is well aware that it is our judicial officials that are more in need of understanding our government than regular Americans. He is well aware that many of our federal courts, particularly in the 9th Circuit, have suspended the Constitution and the rule of law, thereby, depriving many litigants of their civil rights resulting in significant financial losses. Many federal judges see the Constitution as being nothing more than a nuisance and treat many lawsuits for civil rights violations as being frivolous. Justice Roberts is aware of this fact. He is also aware that there is a case-fixing scandal involving the US District Court in San Jose, the 9th Circuit Court of Appeals, and several San Jose city officials. Justice Roberts is well aware that the scandal involving these officials include conspiracy, obstruction of justice, bribery, fraud, subornation of perjury and perjury. Specific acts of criminal misconduct include falsifying court docket entries, creating false documents, the filing of a fraudulent stipulation of dismissal, the filing of a false declaration, holding a phony hearing on a motion, and fabricating a false transcript and civil minutes for that hearing. Justice Roberts is well aware that the evidence of the misconduct by these officials is indisputable since much of it is documented in the records of the courts involved. This scandal was brought to Justice Roberts' attention in a complaint letter I filed with him dated August 13, 2018.

In his message on December 31st, 2019, Justice Roberts noted that one of our founding fathers, John Jay, was injured in 1788 during mob violence started by a rumor (fake news). The injury suffered by John Jay limited his contributions to the Federalist Papers that were responsible for generating support for the Constitution which was ratified in 1788 and put into effect in 1789. The real fake news that Americans should be most concerned about is not the rumors or fake news on social media. Rather, it's the fake news that is being spread by Justice Roberts that paint a positive picture of our judiciary. Justice Roberts knows that our judiciary is corrupt and dysfunctional based on the complaint letter I sent him that is mentioned above. There is no disputing that fake news has the potential of causing mob violence just as Justice Roberts warns in his latest message. However, Justice Roberts ignores the greater potential for mob violence that could result from the flagrant violations of citizens rights by the federal courts that cause them significant financial losses and emotional distress. It is unmistakable that Justice Roberts is aware that the decisions by judges in many of our federal courts are inconsistent with his message that it is their duty to judge without fear of favor and to decide each matter with humility, integrity, and dispatch. Justice Roberts is also aware that many of the decisions handed down by federal courts are inconsistent with his message that each judge should resolve to do their best to maintain the public's trust that they are faithfully discharging their solemn obligation to equal justice under law. Justice Roberts and other judicial officials are using their status as an independent judiciary to cover up corruption and dysfunction in our federal courts. It is clear that Justice Roberts is the one who is spreading fake news. For his efforts, he receives my Fake News of the Year Award for 2019. Below is the complaint letter that I sent to Chief Justice Roberts:

Frederick Bates

                                                                                                            1235 ----------

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                                                                                                            (408) ---------

August 13, 2018

Administrative Office of the United States Courts

One Columbus Circle, NE

Washington, D.C. 20544

Attention: The Honorable Chief Justice John Roberts

Re: Criminal misconduct complaint letter and attachments filed with Ninth Circuit Court of Appeals Chief Judge Sidney R. Thomas

Dear Chief Justice Roberts,

Enclosed are copies of a complaint letter and attachments I filed with Chief Judge Thomas regarding misconduct by San Jose city officials and officials with the U.S. District Court – San Jose Division and the Ninth Circuit Court of Appeals that occurred during the litigation of two lawsuits I filed against the City of San Jose for discrimination based on my race and disability. I am black/African American. So far, I have not received a response from Judge Thomas regarding my complaint letter and attachments.

I respectfully request that you and other members of the Judicial Conference review the letter and attachments as they present credible evidence of very serious criminal misconduct perpetrated with the intent to cover up racism and bigotry by San Jose city officials. I ask that you take special note of Attachment II. It is inarguable from the discussion presented in Attachment II that the judgments of the U.S. District Court and the Ninth Circuit Court of Appeals in my two lawsuits against the City of San Jose are not consistent with well established statutory law and precedent of the United States Supreme Court and the Ninth Circuit Court of Appeals. These judgments are intentionally erroneous and are now being enforced by the courts with the knowledge they are based on fraud. It is indisputable that the judgments are void and unenforceable under the law.

Additionally, the evidence of bias in favor of the City of San Jose is so pervasive and blatant that it gives the appearance that the courts are advocating for the City instead of being impartial and disinterested as is required by the due process clause of the Fifth Amendment. What is quite disturbing is that Magistrate Judge Nathanael Cousins ruled in my second lawsuit against the City of San Jose that City officials had no obligation to investigate my racial and disability discrimination complaints, even though, an investigation is mandated by City policy and state law. The case cited by Judge Cousins as precedent to dismiss my case, while not binding precedent, contradicts Judge Cousins’ ruling and supports a finding that San Jose city officials were obligated to investigate my complaints. Surprisingly, the Ninth Circuit Court of Appeals summarily affirmed Judge Cousins’ ruling clearly violating precedent set by United States v. Hooton that establishes the requirements for summary disposition.

As evidence of my claims of pervasive bias by the courts in favor of the City of San Jose, I have included a copy of a motion I filed for U.S. District Judge Ronald M. Whyte to recuse

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himself from proceedings in my case. It should be noted that Judge Whyte refused to recuse himself. Other evidence of blatant bias is statements made by a judge during an appeals hearing in the Ninth Circuit Court of Appeals in November 2009. That hearing was in regards to my appeal of Judge Whyte’s ruling granting the City of San Jose’s motion for summary judgment in my first lawsuit. During that hearing, the judge (presumably Judge William Fletcher) asked “why did you make a federal case of this.” Judge Fletcher then asked “why doesn’t he just drop the darn thing?” He was clearly referring to my lawsuit against the City. Judge Fletcher also established in that hearing that there was no record whatsoever from the proceeding in small claims court for the small claims judgment the City relied upon for collateral estoppel. Judge Fletcher said he was doubtful about collateral estoppel because there had to have been actual litigation in my small claims case. There was in fact no litigation in my small claims case because the small claims commissioner dismissed my complaint with a finding that it was defective. Yet, Judge Fletcher and the rest of the panel hearing my appeal affirmed Judge Whyte’s ruling dismissing my case as to the City based on collateral estoppel.

            It is unmistakable that the small claims judgment has no preclusive effect under California preclusion law because there is no record that is sufficiently clear as to what was litigated and determined. Therefore, a federal court cannot give preclusive effect to the judgment based on the Full Faith and Credit Act. Attachment II mentioned above also details several other reasons why the small claims judgment has no preclusive effect. It is clear from Judge Fletcher’s biased statements and the subsequent ruling of the Ninth Circuit Court of Appeals affirming Judge Whyte’s clearly erroneous ruling granting the City’s motion for summary judgment that the judgment in my first lawsuit must be vacated. The blatant bias shown by the courts offends democracy and the rule of law.

I respectfully request that the Judicial Conference review all of the documents that I have submitted and take immediate action to address this matter which is one of the greatest abuses of power and cover-ups by government officials in recent memory. And it is certainly one of the biggest frauds and cheating scandals in the history of our judiciary. Please be aware that I have also made complaints with several Members of Congress, the F.B.I. and Department of Justice. I look forward to hearing from you regarding this matter. Copies of my complaints with the House Judiciary Committee and the Department of Justice are also included with this letter.

                                                                                                                                     

                                                                                                            Sincerely,

                                                                                                                        Frederick Bates

c: The Honorable Sidney R. Thomas – Chief Judge of the Ninth Circuit Court of Appeals

     Congressman Bob Goodlatte – Chairman of the House Judiciary Committee

    Jeff Sessions – Attorney General of the United States