The Supreme Court Covers up Corruption in the 9th Circuit Court of Appeals and the U.S. District Court in San Jose!

Post #78 - December 18, 2023 - by Fred Bates

The Supreme Court fails to Address a Cheating Scandal in the Ninth Circuit

In a post on September 5, 2023, I wrote about a petition for a writ of certiorari that I filed in the Supreme Court. My petition sought a review of the judgment of the Ninth Circuit Court of Appeals that affirmed the judgment of the U.S. District Court in San Jose dismissing an independent action in equity I filed in 2020. My independent action in equity sought to set aside the judgment against me in a lawsuit I filed against the City of San Jose in 2006 for discrimination based on my disability and race. I am black/African American. The grounds for my independent action were based on claims that the judgment in my lawsuit is based on fraud, bias by the courts against me, and the courts' misapplication of the law. 

My petition for writ of certiorari was filed on July 28, 2023. I submitted additional facts and exhibits to support my petition that were received by the Supreme Court Clerk's Office on September 15, 2023. The Clerk's Office refused to file the supporting evidence I submitted. The papers and exhibits I submitted were returned to me with the dubious claim that they were not properly submitted according to the filing rules of the Supreme Court. My petition was denied on October 2, 2023.

My petition for a writ of certiorari and supporting evidence present an irrefutable case of fraud, bias, and an intentional misapplication of the law by the Ninth Circuit Court of Appeals and the U.S. District Court in San Josee. It is unmistakable that the Supreme Court is engaged in a cover-up of the egregious misconduct of the courts in my lawsuit based the denial of my writ of certiorari. 

My petition for a writ of certiorari, the supporting evidence I submitted, and the response letter of the Supreme Court Clerk's Office can be accessed at the links below:

 

Petition for writ of certiorari

Supreme Court of the United States

Letter sent to the Supreme Court Clerk's Office and Response letter from Clerk's Office                                                                                             

https://drive.google.com/file/d/1ZwsSUBJBWuWGj9XWO23JI1qxxwG5BMvR/view?usp=sharing

To access the audio recording of the appeals hearing, click on the link below that will bring up the website for the 9th Circuit Court of Appeals. Type in case number 08-16757 and click on "search." Click on "listen" under the heading "Audio" on the case information line that appears to download the recording: 

https://www.ca9.uscourts.gov/media/.

Complaint for damages

https://drive.google.com/file/d/1_0iV0uSmmOrYffL2oNwdr3pjcwrBcJDH/view?usp=sharing 

City's answer to complaint for damages

https://drive.google.com/file/d/1ftjxsThPrJNdzt9_GM0b_T3o5_fiL3BA/view?usp=sharing    

Transcript of hearing on the City's summary judgment motion

https://drive.google.com/file/d/1h5s7U7NCQWx3ZEBFZUtwCSAJRwP_mgnt/view?usp=sharing   

Docket entries for Rule 60 motion

https://drive.google.com/file/d/1uaLp-IXxitEbxfk9uvUvbDxzYmO3wrOQ/view?usp=sharing  

Rule 60 motion

https://drive.google.com/file/d/1PwIudPiZgaR0p0lJ8chqTX550JwyZxvC/view?usp=sharing   

Transcript of hearing on Rule 60 motion

https://drive.google.com/file/d/19SwkGhWTcQ0q79aQavtD18ke32yFnOCw/view?usp=sharing  

Civil minutes of hearing on Rule 60 motion

https://drive.google.com/file/d/1hSjCPISCkP4vRx_hZjPs6zpyuJWcMaJD/view?usp=sharing

                           

                                                                                                               

 

The Ball is in the Supreme Court's Court - My Petition for Writ of Certiorari

 Post #77 - September 5, 2023 - by Fred Bates

This should be one of the easiest decisions of the Supreme Court to grant certiorari. 

If you have read any of my prior posts, you probably know that the purpose of this blog is to expose a cheating scandal involving the City of San Jose, the U.S. District Court in San Jose, and the Ninth Circuit Court of Appeals during litigation of lawsuits I filed against the City for discrimination based on my race and disability. I am black/African American. I make some very serious allegations that the above officials committed several criminal acts related to public corruption, and that the judgments in each lawsuit that favor the City of San Jose are based on fraud, bias, and the Courts' violation of the Constitution, statutory law, and precedent. It is my intent to present indisputable evidence very soon supporting my allegations of cheating and criminal misconduct against these officials. Please keep checking my blog for the evidence that I will present. 

The focus of today's post, however, is a petition for writ of certiorari I filed in the U.S. Supreme Court seeking a review of the judgment in the latest lawsuit I filed against the City of San Jose in 2020, an independent action in equity, seeking to set aside the judgment in the first federal lawsuit I filed against the City in 2006. My independent action in equity is based on claims mentioned above, fraud, bias, and the Courts' violation of the law. 

In post #72 on July 21, 2022, I stated (promised!) that I would pursue justice in this matter at all costs. My petition for writ of certiorari cost me a substantial amount of money. But I am also willing to sacrifice my freedom, or even my life, in peaceful non-violent protest if it comes to that point. At the time of post #72, the District Court's judgment on my independent action in equity in favor of the City of San Jose was on appeal in the Ninth Circuit Court of Appeals. Since that time, the Ninth Circuit rubber stamped the judgment of the District Court by affirming it in April 2023. Thus, my petition for writ of certiorari. Below is a link to post #72:

A Cheating Scandal in the Silicon Valley - Justice for Sale: The Hill I Will Die On! (crnctz.blogspot.com)

Below is information about my petition for writ of certiorari and how to access it:

Docket # No. 23-53. Title: Frederick Bates, Petitioner v. City of San Jose, California, et al., Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. To Access my petition, click on the text below:

   Supreme Court of the United States

Below is a link to post #3 of my blog dated September 27, 2015, and post #74 dated October 20, 2022, that detail the criminal misconduct of San Jose city officials and the Courts. I stand by these allegations:

A Cheating Scandal in the Silicon Valley - Justice for Sale: Complaint Letters to the FBI and the Santa Clara County Civil Grand Jury (crnctz.blogspot.com)

A Cheating Scandal in the Silicon Valley - Justice for Sale: San Jose City Officials and Federal Court Officials Engaged in Criminal Misconduct During Litigation of My Lawsuits Against the City (crnctz.blogspot.com)

Democracy Requires an Independent Judiciary Free from Violence and Intimidation that Adheres to the Rule of Law

 Post #76 - January 11, 2023 - by Fred Bates

An independent judiciary does not mean judges are above scrutiny or oversight

    In his annual year-end report on December 31, 2022, Chief Justice Roberts thanked Congress for strengthening judicial security. Chief Justice Roberts was referring to a law Congress recently passed increasing security and privacy protections for federal judges and their families. The act was named after the son of federal judge Ester Salas. Salas' 20-year-old son was killed in 2020 while at home in New Jersey by a deranged former litigant who was dissatisfied with Judge Salas' ruling in his case. The suspect found Judge Salas' address online. The killing of Judge Salas' son was a barbaric act by a truly despicable person. An attack on a judge or a family member of a judge by anyone based on a judge's decision(s) is an attack on democracy and our constitutional republic. To have a properly functioning judiciary, it is imperative that judges are able to carry out their constitutional responsibilities without fear of violence or intimidation. 

    In an article published on January 2, 2023, former Arizona Attorney General Mark Brnovich stated that we cannot tolerate intimidation of our judiciary. Brnovich noted that he played a leading role in urging Congress to pass the legislation noted above that protects federal judges and their families. Brnovich mentioned in his article the threats made against Justice Brett Kavanaugh and US District Judge Aileen Cannon last year. He criticized the Democrat-controlled Congress for its lack of outrage and failure to act swiftly in passing legislation protecting federal judges after the threats against Justice Kavanaugh and Judge Cannon because they were appointed by a Republican President. You might remember that an armed subject was arrested in Justice Kavanaugh's neighborhood in an apparent attempt to assassinate the Justice. As for Judge Cannon, Brnovich contends that rhetoric from the left was close to inciting violence against the Judge after she ruled in favor of a Special Master in the case involving former President Donald Trump and the Justice Department regarding allegations that he stored top-secret documents illegally at Mar-a-Lago. Brnovich accused the Biden Department of Justice of looking the other way when Republican-appointed justices or judges are targeted for potentially illegal protests. 

    Brnovich also stated in his article that everyone in our society should condemn any attempts to subvert our democracy with intimidation tactics or violence against federal judges or Justices on the Supreme Court. At the heart of Brnovich's article is the importance of an independent judiciary. Chief Justice Roberts too has pointed out the importance of an independent judiciary in condemning violence and criticisms directed towards federal judges. It should be easy for everyone to agree with Chief Justice Roberts and Mark Brnovich about the importance of an independent judiciary and the need to protect our judges. 

    However, Chief Justice Roberts and Mark Brnovich failed to emphasize that an independent judiciary does not exempt judges from protests and does not exempt them from oversight. In our constitutional republic or democracy, the right to peacefully assemble and to petition the government for a redress of grievances is inviolable. That includes lawfully protesting the decisions of non-elected judges. The right to protest is as necessary to democracy as an independent judiciary. To his credit Brnovich stated that from its inception, America's judiciary has had its shortcomings by deciding cases wrongly. He said that many of the cases decided wrongly have been reversed, or they have yet to be overturned, implying that cases decided wrongly will ultimately be reversed. He said that such is life in the Constitutional Republic in which we live. Brnovich said that justice may take time, but it ultimately prevails.

    While I agree with much of what Brnovich wrote in his article, I take exception to his suggestion that cases decided wrongly will at some point be overturned and that justice ultimately prevails. That is far from the truth. I make this claim based on my personal experiences with the US District Court in San Jose and the Ninth Circuit Court of Appeals during litigation of three lawsuits I filed against the City of San Jose and several City officials for racial and disability discrimination. I am black/African American. Every single decision by the courts in my lawsuits were biased against me and were intentionally decided with a flagrant disregard for the rule of law and precedent. None of the unlawful rulings of the courts have been reversed despite my many efforts to obtain relief. It is no big secret that the US District Court in San Jose and the Ninth Circuit Court of Appeals are plagued by corruption, dysfunction, and bias, just as many of our other federal courts. Also casting doubt on Brnovich's position that justice ultimately prevails are the words of Matthew Pritchard, an attorney for the City of San Jose who represented the City during my attempts to obtain relief from the judgments in my lawsuits that were decided wrongly. Mr. Pritchard boasted that the City would win because the courts never change their decisions, even if they are wrong. 

    Just as acts of violence and intimidation against federal judges should be condemned by everyone in society, so should the corruption, dysfunction, and bias that appears to have infected our federal judiciary. Congress was right in passing legislation providing more security for our federal judges. However, Congress has fallen short of its constitutional obligation to provide oversight over our federal judicial system. Rather, the judicial branch has been allowed to operate independently without any accountability whatsoever, using its independence as a shield to hide its corruption and to decide cases wrongly. Even though violence and intimidation of federal judges subverts democracy, the far greater threat to democracy is a corrupt, dysfunctional, and biased judiciary that does not adhere to the rule of law and precedent when deciding cases. Below are links that provide additional information about my claims against the US District Court and the Ninth Circuit Court of Appeals. Additional information will be provided in future posts on my blog. 

 A Cheating Scandal in the Silicon Valley - Justice for Sale: San Jose City Officials and Federal Court Officials Engaged in Criminal Misconduct During Litigation of My Lawsuits Against the City (crnctz.blogspot.com)

A Cheating Scandal in the Silicon Valley - Justice for Sale: U.S. District Judge Beth Labson Freeman's Ethics Are Questionable (crnctz.blogspot.com)

A Cheating Scandal in the Silicon Valley - Justice for Sale: The Ninth Circuit Court of Appeals - No Honor and No Integrity (crnctz.blogspot.com)