Joe Biden Is Running A Shameful Campaign About Race

Post 52

Recently former Vice-President Joe Biden, a Democrat, entered the race for President. If you know anything about politics, you are aware that the former VP was a long time Senator from Delaware. I have no personal ill will toward Joe Biden. He seems like a nice enough guy. It is clear though that Biden's campaign will try to paint Trump as a racist and also focus on his character. When Biden released a video a few weeks ago announcing that he was running for president, he talked about Charlottesville and Trump's response to the violence that occurred. I have my own take of Trump's response to Charlottesville that's a little different from Joe Biden's. The President's response was appropriate being that he is the Commander-in-Chief. You can view my non-politically motivated take on how the President responded to Charlottesville in my post on September 18, 2017. Biden has also talked about bringing back honesty and dignity to the Office of the President.

Joe Biden is the quintessential politician, willing to say anything to get a vote. His candidacy is not about making this a better country. It is all about defeating Donald Trump at all costs. Biden has spent nearly fifty years in public office. He is far more responsible for the problems we face as a nation than Trump. But it's Biden's hypocrisy that concerns me the most. He talked about bringing dignity and honesty to the Oval Office. Where was all this concern for dignity when his fellow Democrat Bill Clinton was President. Has Biden forgot about the Monica Lewinsky affair and all of the other sexual misconduct allegations against Clinton. As for honesty, Biden apparently has forgotten "I did not have sex with that woman." What about the lies that were told about Obama Care when Biden was VP? If you want your doctor you can keep your doctor. Your insurance premiums will go down. And what about Benghazi? The violence was a spontaneous response to an anti-Islamic video. Biden referred to Trump as being a clown. Hasn't he taken notice of his own party since Trump has been in the White House? Who can forget the clownish manner of the Democrats during the Kavanaugh hearings or during the recent testimony of Attorney General William Barr. You actually had a Democrat member of the House Judiciary Committee eating KFC during the hearing. He also had a fake chicken at a press conference. Now who are the real clowns? 

I do not offend easily. But it's the hypocrisy of Joe Biden and the Democrats regarding the issue of race that offends me more than the President and Democrats' clown like behavior. Referring to the President as the Grand Wizard of 1600 Pennsylvania Ave, the KKK, and a white supremacist for political gain trivializes one of the darkest moments in our nation's history. It is Biden latest comment during a political rally in South Carolina that has gotten me riled up. During that rally, Biden implied that because of Trump and the Republicans support of voter ID laws, "You've got Jim Crow sneaking back in." This is nonsense. Jim Crow was, among other things, about using intimidation and violence to prevent blacks from registering to vote, and from voting. Requiring a person to have proper ID in order to vote is just as sensible as requiring a person to have proper ID when purchasing a firearm. Biden and the Democrats should remember that it was their party that gave us Jim Crow, and not the Republicans. Democrats should also remember that many in their own party refused to support the 1964 Civil Rights Act that ended Jim Crow.

 If Biden wants to blame someone for Jim Crow sneaking back in, he need only to look at members of his own Democratic Party. During the past three years, I have written letters to Speaker of the House Nancy Pelosi, Senators Dianne Feinstein and Kamala Harris, Congressman Adam Schiff and Congresswoman Zoe Lofgren requesting that they open an investigation into a criminal conspiracy between San Jose city officials and officials with the U.S. District Court and Ninth Circuit Court of Appeals to obstruct justice during the litigation of two lawsuits I filed against the City of San Jose. During litigation, these officials conspired to falsify court records, file fraudulent documents, stage a fake hearing on a motion I filed, fabricate contradictory civil minutes and a transcript for that hearing, and enter several bogus judgments relative to my lawsuits for the purpose of covering up discrimination I suffered at the hands of San Jose city officials based on my race and disability. I am black/African American. Senator Feinstein was the only one that responded to my letter. But she offered no help at all. The conduct of these officials, which showed utter disregard for the rule of law, were so flagrantly discriminatory and racist that I was compelled to start this blog to expose this egregious abuse of power and public corruption. The clear purpose of these officials was to humiliate me, make me feel powerless, cause me financial harm and emotional distress. This is more like Jim Crow than requiring someone to have proper ID to vote. 

Joe Biden and the Democrats using race for purely political reasons is divisive and harmful to our country. They are quick to call Trump and Republicans racist, the KKK, white supremacists, and that Jim Crow is sneaking back in.  Yet, when presented with a very real case of a black person's rights being violated like this was Jim Crow, they refuse to take any action whatsoever; even in a case where there was serious criminal misconduct. It should be clear that Democrats are not serious about eliminating racism and discrimination, and that they are only using race to gin up hatred for Trump and Republicans. What a shame.  

 

Chief Justice John Roberts Lost All Credibility By Defending The 9th Circuit Court Of Appeals

Post 43

A few days before thanksgiving, President Trump criticized US District Judge Jon Tigar for issuing a temporary restraining order blocking the Trump administration from barring illegal immigrants from seeking asylum. Mr. Trump made a controversial reference to Judge Tigar as being an "Obama judge." As you might expect, there was a lot of push back from several different sources. Perhaps the most surprising rebuke of the President's "Obama judge" comment came from Chief Justice John Roberts. Justice Roberts issued a statement on Wednesday 11/21/18 stating "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. We have an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. Justice Roberts went on to say that an independent judiciary is something we should all be thankful for. 

 President Trump responded to Justice Roberts comments by doubling down on his earlier comments that there are "Obama judges" and that they have a different view than the administration as it relates to the safety of our country. The President questioned the independence of the 9th Circuit based of the high number of cases filed there that opposes his view on immigration. To be honest, I have no clue how that relate to an independent judiciary. Nevertheless, the President went on to make some very provocative comments about the 9th Circuit calling it "a total and complete disaster; and that "it is out of control, has a horrible reputation," and "is overturned more than any Circuit in the Country..."

I think that the President's criticism of the 9th Circuit is based on what is perceived by many as its liberal leanings and judicial activism. In a clear case of politics and bias, the District Courts in the 9th Circuit have ruled against the Trump Administration in nearly every case brought before them. The 9th Circuit has upheld the District Courts in nearly all, if not all of the cases that have been appealed by the Trump administration. Many of the decisions against the Trump administration appears to be made out of spite, and I believe many of the decisions of the 9th Circuit were eventually overturned by the Supreme Court. My problem with the President is that he is focused only on his administration's bad experiences with the 9th Circuit while there is no reference to the nightmare that many citizen litigants (primarily pro se or self represented) is having or have experienced with the 9th Circuit.

The President is absolutely right by saying that the 9th Circuit is a total and complete disaster and that it is totally out of control based on its activism. However, judicial activism does not necessarily mean a court is acting outside the scope of its discretion. Just as Chief Justice Roberts implied, an independent judiciary is an essential element of the separation of powers doctrine; and is necessary to the proper functioning of government. Sometimes courts make decisions that are clearly erroneous. But that does not mean that their actions are improper. From my perspective, the 9th Circuit is a complete and total disaster because of its blatant corruption and disregard for the Constitution and the rule of law, and because of serious criminal misconduct it has tolerated from many judges and other court officials. The independence of judges to make decisions is not a green light to engage in corrupt and criminal misconduct. No one should confuse the 9th Circuit's corruption as being judicial activism. The 9th Circuit is a corrupt and rogue court and I have presented the evidence in this blog to prove it. If you do not have time to read all of my prior posts, please read posts number 13 and 14 dated January 9, 2017, and post number 17 dated February 13, 2017. They deal directly with the 9th Circuit. In defending the 9th Circuit while rebuking the President, Chief Justice Roberts is an intellectually dishonest hypocrite and has lost all credibility considering he received a letter from me dated September 17, 2018 alleging that the 9th Circuit Court of Appeals and the US District Court in San Jose had failed to follow well established statutory laws and binding precedent of the Supreme Court and the 9th Circuit's own binding precedent during litigation of two racial and disability discrimination lawsuits I filed against the City of San Jose. My letter also alleges that the 9th Circuit Court of Appeals and US District Court in San Jose had conspired with San Jose city officials to obstruct justice in my cases by engaging in extensive fraud that has resulted in judgments that are void under the law.

What really irks me the most about Chief Justice Roberts statement defending the 9th Circuit is the part where he says that "we have an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them." Justice Roberts knows with absolute certainty that this statement is not true. Justice Roberts is well aware of the many complaints from litigants about the 9th Circuit's biased rulings. My letter to the Chief Justice is evidence that judges in the 9th Circuit and the US District Court were less dedicated to doing equal right and more dedicated to advocating for the City of San Jose in order to cover up racism and bigotry by San Jose city officials. I am black/African American. The Chief Justice is well aware that President Trump is right when he stated that the 9th Circuit has a bad reputation, not just for its activism, but for corruption as well. Justice Roberts legacy will suffer because of his ill-advised defense of the 9th Circuit and his complicity in the cover-up of one of the biggest scandals and abuses of power by the 9th Circuit in the recent history of this country based on my cases. An independent judiciary is important for our constitutional republic, but Justice Roberts should not use that independence as a shield to protect the diaster that is the 9th Circuit. 

Below is a copy of the letter I sent to Justice Roberts that clearly refutes his claim that "we have an extraordinary group of dedicated judges in the 9th Circuit doing their level best to do equal right to those appearing before them." As noted above, my prior posts also present evidence that Justice Roberts statement is misguided and political. Additional evidence can also be found on my group facebook page at:

https://www.facebook.com/groups/624131267713226/

 

Frederick Bates

                                                                                                            ----------------

                                                                                                            Folsom, CA 95630

                                                                                                            -----------------

September 17, 2018

Supreme Court of the United States

1 First Street, NE

Washington, DC 20543

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 that 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. I received a response from Judge Thomas regarding my complaint in a letter dated August 8, 2018. Judge Thomas stated he would take no action relative to my complaint despite compelling evidence of criminal misconduct by San Jose city officials and the courts. My follow-up letter to Judge Thomas’ letter dated August 30, 2018 is enclosed as well. Please take note that I sent you copies of the complaint letter and attachments I sent to Judge Thomas in a packet addressed to the Administrative Office of the United States Courts prior to my receiving Judge Thomas’ response letter.

Because of Judge Thomas’ refusal to take action on my complaint, I respectfully request that you and the other justices on the Supreme Court review the letters 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

                                                                                                                                    Page 2

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 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 an implied 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 instantly recognizable 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 Supreme Court 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. Our democracy cannot survive when our federal courts show such contempt for the Constitution and the rule of law by engaging in blatantly biased and criminal misconduct. 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

 

Trump - Russian Collusion? vs. San Jose City Officials Collusion with the US District Court

Post 18/23

I am somewhat skeptical about the motivation for all of the investigations and media coverage into Russia's meddling into the past presidential election and potential collusion between the Trump campaign and Russia. Here is what we know from current and former government officials in the intelligence and law enforcement communities, including former president Obama. Russia's meddling did not influence the outcome of the election and it did not change a single vote. Also, no evidence has been presented to the American people that implicates Trump and the Russian government working together to undermine the presidential election. As a matter of fact, the Obama Administration did very little when it learned of Russia's meddling prior to the election. Mr. Obama stated in October 2016 that it would be impossible to rig a presidential election because they are so decentralized. Officials with the DNC refused to turn over their server to the FBI after allegedly being hacked by the Russians. It did not appear to be that big of a deal to Hillary Clinton and Democratic operatives because they were winning in the polls. Now that Ms. Clinton has lost and  Mr. Trump has ascended to the Presidency, politicians, bureaucrats in Washington on both sides, as well as the media, have all of this newfound concern about Russia's meddling and a possible connection to Trump. All of the investigations into this scandal seem to be justified based on the notion that Russian interference undermined our electoral process and threatened our democracy. While I do not disagree with that notion, I think politics and an anti-Trump agenda is at play here and we might actually be witnessing a witch hunt. We will have to wait and see.

Let us now take a look at the collusion between San Jose mayor Sam Liccardo, the San Jose City Council , San Jose City Attorney Richard Doyle and the US District Court for the Northern District of California - San Jose Division. During the litigation of a lawsuit I filed against the City of San Jose in August 2006, the City Attorney's Office at the behest of the City Council colluded with the US District Court in creating false documents, falsifying court records, and staging a phony hearing on a Rule 60 motion I filed seeking relief from the bogus judgment of the district court that granted the City's motion for summary judgment. The City's motion for summary judgment was a total hoax. It was based on a false premise and supported by the perjured testimony of two corrupt police officials. One official was bribed for his testimony. Additionally, the district court violated two important federal laws limiting its discretion. Unlike the Trump-Russia collusion scandal, this collusion scandal has underlining criminal acts, and the clear intent to obstruct justice. San Jose city officials and the courts are engaged in a big cover-up of this scandal. Mayor Liccardo and the City Council refused to conduct investigations into my discrimination and misconduct complaints against the City Attorney's Office and three police administrators as is mandated by City policy and state law. The Ninth Circuit Court of Appeals and the US District Court entered totally bogus judgments that favor the City on motions for relief I filed. All of this is true folks. There's no witch hunt here. Don't take my word for it. Ask Mayor Liccardo, the City Council and the folks over at the US District Court and the Ninth Circuit Court of Appeals.

Now Let's do some comparisons here. As to Russia's meddling into the election, there is no evidence that it influenced the outcome. As to Trump-Russia collusion, so far there is no evidence of any at all, just innuendo. As to the collusion between San Jose city officials and the US District Court, you have several underlining felonies relating to public corruption with the clear intent to obstruct justice. There are several investigations going on into the Trump-Russia scandal with the dubious claim by our elected officials in Washington that they are so concerned about protecting our electoral process and our democracy. They are at the same time calling for punishing Russia with sanctions. On the other hand, not a single investigation has been conducted into numerous complaints I have filed against San Jose city officials and the courts for public corruption which has caused ten times more harm to our constitutional republic than Russia's meddling into our presidential election.

Granted protecting our electoral process is a legitimate reason for investigating Russia's meddling into our presidential election. But by all accounts no real damage was done. On the other hand, the collusion between San Jose city officials and the courts has caused immeasurable harm to our judicial system and our democracy. Clearly an investigation into this scandal is warranted just as an investigation into possible collusion between Russia and Trump. Our judicial process is as equally sacred as our electoral process.Yet, many of the same politicians and non-elected government officials that are calling for investigations into the Trump-Russia scandal have not shown any courage by calling for an investigation into the collusion between San Jose city officials and the federal courts. A rigged election would be intolerable by politicians and all Americans. Rightfully so. Yet, politicians in Washington have developed a tolerance for the Ninth Circuit Court of Appeals and many of the district courts within the Ninth Circuit that are rigged against average Americans. It time to hold them accountable just as we are the Russians.