March 14, 2025 - By Fred Bates
This post contains a link for a report I completed in October 2024 that documents my allegation that San Jose city officials, officials with the U.S. District Court in San Jose, and the Ninth Circuit Court of Appeals obstructed justice during litigation of a lawsuit I filed against the City of San Jose. The case is Bates v. City of San Jose, et. al. US District Court case number C06-05302 RMW. Below is a statement about the report:
The report details a scheme by San Jose city officials, my attorney, the U.S. District Court in San Jose, and the Ninth Circuit Court of Appeals to obstruct justice during litigation of a racial and disability discrimination lawsuit I filed against the City of San Jose in 2006. I am black/African American. My lawsuit was filed after police officials denied me a CCW permit upon my medical disability retirement from the San Jose Police Department as a police sergeant. The report details several specific criminal acts by the above officials that relate to public corruption. As a part of the scheme to obstruct justice, attorneys for the City and my attorney perpetrated fraud on the U.S. District Court in San Jose, and the Ninth Circuit Court of Appeals. It is sufficiently clear from the report that the U.S. District Court in San Jose and the Ninth Circuit Court of Appeals were complicit in the scheme to obstruct justice based on their biased rulings in favor of the City of San Jose. Both courts disregarded facts that were clearly established in court proceedings and documents in the record proving that the City of Jose knowingly and maliciously violated my constitutional rights established by California law and San Jose Police Department policy. The report provides evidence that the District Court and the Court of Appeals violated the full faith and credit clause of the Constitution by failing to follow the requirements of the full faith and credit act (28 U.S.C. Section 1738), as well as Supreme Court precedent and Ninth Circuit Court of Appeals' precedent when dismissing my lawsuit on the basis of collateral estoppel. The report also provides evidence that a judge, made blatantly biased comments against me in the hearing on my appeal of the District Court’s judgment in the Ninth Circuit Court of Appeals. The judge stated that he understood the legal arguments made during the hearing, but he wanted to “cut to the chase” and find out why I was making this a “federal case.” He also asked why I didn’t just “drop the darn thing,” referring to my lawsuit. This same judge had already discredited the District Court’s ruling dismissing my lawsuit on the basis of collateral estoppel, as well as, claims by the City of San Jose earlier in the hearing. The egregious and blatantly biased comments of the judge violate the neutrality requirement of the Fifth Amendment of the Constitution, the Mission Statement of the Ninth Circuit Court of Appeals, the oath of federal judges, and the Canon of Ethics for federal judges. The Supreme Court in a precedent setting case stated that it guarded the neutrality requirement jealously. The biased comments make the judgment in my case unconstitutional and unenforceable by law. The report provides evidence of a cover-up by court officials in the U.S. District Court in San Jose, the Ninth Circuit Court of Appeals, and the Office of the Clerk of the U.S. Supreme Court. A strong case is made for the impeachment of several judges in the U.S. District Court in San Jose and the Ninth Circuit Court of Appeals. Evidence is presented in the report that several prominent officials at the highest level of the United States Government was made aware of this criminal scheme but failed to take any action based on their constitutional powers of oversight. It is clear from the report that the U.S. District Court in San Jose and the Ninth Circuit Court of Appeals are corrupt, weaponized, and rigged.
The report itself is 59 pages longs. The appendices are over 600 pages long. The appendices provide facts, evidence, case law and statutory law that corroborates claims I make in the report. Since the report and appendices are lengthy, it will take a few minutes to download the report and appendices. Review the report on this website:
www.cheatingscandalinsiliconvalley.com
This report is the basis for my Manifesto:
MANIFESTO OF FRED BATES
I WILL DIE ON THIS HILL
My report completed in October 2024, to be submitted to Congress, the Supreme Court, and the Department of Justice, is the basis for this manifesto. My manifesto is a statement that I will never accept the order of the Ninth Circuit Court of Appeals affirming the judgment of the US District Court in San Jose dismissing my lawsuit against the City of San Jose that was filed in August 2006. The judgment is based on fraud by the City, a violation of the law by the courts, and bias against me by the courts. My lawsuit resulted when several police officials violated my civil rights by denying me a CCW permit upon my medical disability retirement from the San Jose Police Department in 2004. Their actions were malicious, racist, and done with the intent to humiliate me, and to cause me emotional pain and suffering. Final judgment was entered in my lawsuit in 2009. The judgment is unconstitutional and unenforceable by law. All of my efforts to obtain a reversal of the judgment beginning in 2010 have failed. My most recent effort for relief is a petition for writ of certiorari filed in the Supreme Court in July 2023. My petition for writ of certiorari was denied in October 2023. Since all of my options to obtain relief in the courts have been exhausted, I will seek relief through extrajudicial means. This is not meant to be a threat of violence, nor is it meant to be belligerent or menacing in any way. My manifesto is a statement that I will die on this hill. I mean this figuratively and literally. It means that I will pursue justice in this matter at all costs through respectful non-violent protest, civil disobedience, or other reasonable means. I have a moral obligation to do so. Our Constitutional Republic, as established by our founding fathers, provides for an independent judiciary based on the separation of powers doctrine. This means that judges have the independence and obligation to make decisions that safeguard the rights of citizens and uphold the rule of law. It is established in my report that the judges made rulings in my lawsuit, all in favor of the City of San Jose, that were clearly erroneous, failed to safeguard my rights, and did not follow the rule of law. The actions and rulings of the judges in my case are revolting. The blatant lack of respect for the rule of law by these judges is reflected in comments made by Ninth Circuit Court of Appeals Judge William Fletcher during the hearing on my appeal of the district court’s judgment granting the City of San Jose’s motion for summary judgment in November 2009. Judge Fletcher said, “I’m going to cut to the chase a little bit. I understand all the legal arguments that we’ve been going through. I mean, it’s a cliché to say, why did you make a federal case out of this? He asked for the concealed weapons permit. He’s denied. He requested it again. He’s granted. Why doesn’t he just drop the darn thing?” From the report, it is clear that Judge Fletcher understood that the district court’s dismissal of my lawsuit based on collateral estoppel was in violation of the Constitution and the full faith and credit act. He also discredited the City of San Jose’s claim that there was insufficient evidence in the record to support my Monell Claim. This blatant disregard for the rule of law, and the flagrant bias against me by Judge Fletcher completely delegitimizes the judgment of the Ninth Circuit Court of Appeals. Further evidence of the courts’ blatant lack of respect for the rule of law are comments made to me by Senior San Jose Deputy City Attorney Matthew Pritchard in 2021. Pritchard told me in a phone call that courts do not have to follow the law, because the law is whatever the courts say it is. He also told me that the rulings of the courts on the issue of collateral estoppel in my lawsuit are clearly wrong. He said that I will lose because the courts never change their decisions, even those that are clearly erroneous. He said that I should accept the erroneous decisions of the courts because he accepted decisions by the courts that were wrong when he was a Public Defender. Pritchard also made a statement that was quite shocking. He said the City did not care that I was black and that I grew up in the South during Jim Crow. This is evidence that the discriminatory acts against me by the City were racially motivated. For the past fourteen years, more or less, I have sought to have the courts vacate the clearly erroneous and unconstitutional judgment in my lawsuit filed against the City of San Jose in 2006, all to no avail. The judgment in my lawsuit does not remotely resemble justice, and it shows contempt for the Constitution and the rule of law by the courts. For our judicial system to have any credibility, the judgement in my lawsuit must be set aside. I will accept nothing less, and I have no intention of waiting another fourteen years for this to happen. This is a hill I’m willing to die on! The rule of law must prevail if we are to have a constitutional republic or a democracy. My report documents in detail my unsuccessful efforts to initiate an investigation into this matter by government officials at every level, as well as the media. This failure to act by government officials and the media is quite shocking being that San Jose city officials and the courts committed several crimes that are felonies under federal corruption laws. A post in a blog I started in 2015 in order to expose the misconduct of the City of San Jose and the courts in this scandal emphasizes my commitment to respectful non-violent protest. The link to that post is below:
then everything will be just peachy
Just remove the word ‘oversight’, and we’ll be good to go…
In my opinion, this is just more voter pandering by the mayor.
FUN FACTS:
2014-2015 SJPD received 564,528 911 calls and made 100,579 field events (i.e. traffic stops). With all those citizen contacts the IPA and SJPD received 303 complaints. In percentage, that is .00045%. Of those 303 complaints citizens (and criminals) didn’t like the way they were talked to and didn’t think they should have been arrested at all.
In 2015 the IPA budget for six people was $1,249,223.
The IPA makes at least $178,000 a year.
The IPA went to 172 IPA presentation, community events, meet and greets
Once Cordell left the IPA position IPA complaints dropped from 51% to 39%
SJPD made 55,000 less field events (i.e. car stops) then 2010-2011 year.
complaints all together by removing three of the remaining IPA members. That being said we we will no longer be needing an IPA and can thereby shut it down saving the city a total of $1,249,223 per year.
This would make funds avalible to hire 8.328 more badly needed cops of any color.
There, that was fun and I’ve solved another one of our problems!
Five more days till Trump is President, are you all still here?
Many departments use surveys and realize benefits. It’s inexpensive, provides an early warning system (IPA and Internal Affairs do not), provides benchmarks against other PDs, and pinpoints what’s working and what’s not.
Unlike the SJ Auditor or the Civil Grand Jury, IPA’s self-identified mission is to find fault – but not exemplary performance. Customer satisfaction surveys do both.
The SJ residents survey shows perception of safety has declined by about about 50% since 2011. See page 19 of Auditor’s 2015-2016 report http://www.sanjoseca.gov/DocumentCenter/View/63203
Most metrics have steadily and precipitously declined. ‘Would You Recommend Living in SJ’ has declined from 80% in 2011 to 51% in the last survey period.
Mayor Liccardo’s priorities are misguided.