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.

Monday, October 1, 2018

Why aren't the Democrats calling for an FBI investigation into my racial discrimination complaints against the City of San Jose and the federal courts

Post 39

The spectacle surrounding the confirmation process of Judge Kavanaugh to the Supreme Court by the Senate Judiciary Committee is truly disgusting and more evidence that our elected officials are corrupt, have no integrity, honor or shame. It wasn't enough for Democrats to act with such a lack of dignity during the confirmation process with theatrics and carefully orchestrated protests during the first confirmation hearing of Judge Kavanaugh. They sunk even lower during the second hearing Thursday (9-27-18) investigating the sexual assault allegation against Kavanaugh brought forth by Dr. Christine Blasey Ford in a letter that was suspiciously leaked to the press. Their questioning of Judge Kavanaugh was an embarrassment even by the low standard of decency they set in the first hearing. What I find disturbing about this allegation is that so many Democrats and their supporters in the media are quick to say they believe Dr. Ford's accusations against Judge Kavanaugh, even though, there is no corroboration of the sexual assault that is alleged to have occurred roughly 36 years ago in 1982 during a house party at an unknown location. It is also disturbing that many Republicans and their supporters are willing to believe Judge Kavanaugh after his testimony, even though there have been no facts presented that exonerate him. The only reasonable conclusion I draw from that hearing regarding Dr. Ford's allegation is that it was not a search for the truth. After the testimony of Dr. Ford and Judge Kavanaugh we are back where we started. Dr. Ford's allegation has not been proven. Judge Kavanaugh's innocence has not been proven. Both gave compelling testimony filled with emotion. But emotions are not facts. Facts should matter. Unfortunately, we now live in a time where facts have little relevance. Taking sides and pushing a political agenda is now more important than seeking the truth and making decisions based on facts. This confirmation process of Judge Kavanaugh to the Supreme Court shows that we are hopelessly divided as a nation, and that the things we say and do are driven by emotion and hate rather than commonsense and reason. I don't know whether to believe Dr. Ford or Judge Kavanaugh based on what has been presented so far. However, I do believe that many of our government officials, elected and appointed, have absolutely no integrity and no regard for the truth and the rule of law.

The purpose of this post is not to have a lengthy debate about the spectacle that is now going on with the Senate Judiciary Committee. Rather it is to call out two of the Democratic senators on the Committee that are calling for an FBI investigation of Dr. Ford's allegation against Judge Kavanaugh while refusing to call for an investigation into my allegations of racist and criminal misconduct by San Jose city officials, the US District Court and the Ninth Circuit Court of Appeals relative to two lawsuits I filed against the City. It is inconceivable that an FBI investigation will find evidence to corroborate Dr. Ford's allegation. According to Dr. Ford's letter and her testimony, there was only one other person in the room at the time she alleges that Judge Kavanaugh assaulted her. That witness, Mark Judge, has made a written statement under penalty of a felony that the incident alleged by Dr. Ford did not occur. Dr. Ford's friend Leland Keyser, who she alleges was at the party with her at the time the alleged assault occurred, also claims under penalty of a felony to have no recollection of such party.

The two senators on the Senate Judiciary Committee that I am calling out are Senator Dianne Feinstein and Senator Kamala Harris. I have no doubt that both senators care deeply about victims of sexual abuse. However, they also claim to be champions of civil rights and have been quick to refer to President Trump and Republicans as being racist. Yet, they have failed to respond to my request by letter and supporting documents that they seek an investigation into my allegations that San Jose city officials and federal court officials committed several public corruption crimes during litigation of the two lawsuits I filed against the City for discrimination based on my disability and race. I am black/African American. The crimes I allege include conspiracy, obstruction of justice, subornation of perjury, perjury, tampering with a witness, bribery and fraud. Public corruption crimes are precisely the type of crimes the FBI has authority to investigate. According to the FBI website, investigation of public corruption crimes are given priority.

I am again asking that Senator Feinstein and Senator Harris request an FBI investigation into my allegations against San Jose city officials and federal court officials. I am also asking the other Democrats on the Judiciary Committee who called for an FBI investigation based on Dr. Ford's uncorroborated allegation to request that the FBI conduct a criminal investigation into my allegations which are corroborated by evidence that is indisputable and overwhelming.

No one should mistake my calling out Democrats for refusing to seek an investigation into my allegations as me being a Republican or Republican sympathizer. I have equal disdain and criticism for Republicans based on their lack of action regarding my allegations of public corruption against San Jose city officials and federal court officials. I have made as many requests with Republican elected officials as with Democrats. The results have been the same. No investigation into this scandal that is a cover-up of the greatest abuses of power by government officials since Watergate. One of those Republican officials, Senator Lindsey Graham, sits on the Judiciary Committee with Senators Feinstein and Harris. Don't be fooled by this rift between the Democrats and Republicans over Judge Kavanaugh. It's all politics. They are not as divided as they pretend to be. They are all united in a conspiracy over one thing. That is to exercise no oversight over the federal district courts and courts of appeals as is mandated by the Constitution's separation of powers doctrine. They are content to allow the lower federal courts to operate with unfettered power, and to engage in criminal misconduct as outlined in complaint letters I filed with Members of Congress, the Ninth Circuit Court of Appeals, the FBI and DOJ. The statements you heard from both Republicans and Democrats during this disgraceful confirmation process proclaiming to support due process, equal justice, no one is above the law and other democratic values were not sincere. That is a fact you can believe. Elected officials should recognize that accusers making racial discrimination complaints should be heard just as accusers making sexual misconduct complaints. Additional details regarding this matter can be found in many of my prior posts and at:

Saturday, August 18, 2018

Sick and Tired of Hypocrites Like Congresswoman Nancy Pelosi

Post 38

I am really sick and tired of Minority Leader Nancy Pelosi and other Democrats calling Donald Trump and Republicans racists when they are totally silent when presented with evidence of real racism by members of their own party. This past Sunday on a show on MSNBC Congresswoman Pelosi called Senate Majority Leader Mitch McConnell racist because he opposed former president Barack Obama's policies and wanted to see him fail. The House Minority leader has attacked President Trump numerous times implying that he is racist because of his policies and his poor choice of words. On that same show on MSNBC, Pelosi said that Trump wanted to make this country white again. Back in June I sent the Congresswoman a letter and several documents that details an egregious case of racial and disability discrimination against me by several Democratic San Jose city officials including Mayor Sam Liccardo. In that letter I made an allegation that a criminal cover-up was occurring during the litigation of two lawsuits I filed against the City in federal court. So far I have not heard anything from Congresswoman Pelosi regarding my request for an investigation into this matter. The Congresswoman, as well as, many of her fellow Democrats are big hypocrites and phonies when it comes to racism. They are quick to call Trump and Republicans racist simply because they disagree with them; or in the case of Trump, they hate his guts. The insincere claims of racism by Democrats against Republicans and the President marginalize real cases of racism such as the one involving me and the City of San Jose. San Jose city officials and officials with the US District Court in San Jose and the Ninth Circuit Court of Appeals treated me with less dignity and respect than the segregationist government officials I encountered growing up in the South during Jim Crow. I'm black/African American. Other Democrats that I have contacted requesting an investigation into the misconduct of San Jose city officials and the courts are Senators Dianne Feinstein and Kamala Harris; Congresswoman Zoe Lofgren and Congressman Adam Schiff. Just as with Congresswoman Pelosi, not a single one has responded to my requests for an investigation. No one should take Democrats serious when they feign outrage over comments they believe are racist by Trump or Republicans, being that they have done absolutely nothing about the high-tech lynching I have suffered at the hands of San Jose city officials and the federal courts. Below is a copy of the letter I sent to Congresswoman Pelosi. Copies of letters I sent to the other Democrats mentioned above can be found in some of my recent posts.Additional details about my cases can be found on my group facebook page at: https://www.facebook.com/groups/624131267713226/


                                                                                                            Frederick Bates
                                                                                                            ----------------
                                                                                                            Folsom, CA 95630
                                                                                                            (408) ------------

June 18, 2018

Congresswoman Nancy Pelosi
90 7th Street, Suite 2-800
San Francisco, CA 94103
(415) 556-4862

Dear Congresswoman Pelosi,

            The purpose of this letter is to seek your help in opening an investigation into criminal misconduct by San Jose city officials, officials with the U.S. District Court – San Jose Division and the Ninth Circuit Court of Appeals that occurred during the litigation of two racial and disability lawsuits I filed against the City of San Jose. I am black/African American. 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, Congresswoman Zoe Lofgren and Congressman Adam Schiff. 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 complaints I filed with Chief Judge Sidney R. Thomas of the Ninth Circuit Court of Appeals, the Department of Justice and the F.B.I. My complaints contain indisputable facts and evidence that San Jose city officials conspired with officials of the U.S. District Court during the litigation of my first lawsuit with the filing and granting of a motion for summary judgment by the City that was a total fabrication. The City’s summary judgment motion was facilitated by a fraudulent stipulation of dismissal of an individual defendant that was entered without my knowledge or permission. The district court further obstructed justice during the litigation of my first lawsuit by falsifying court dockets, 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. As with my complaints made with Members of Congress, I have not been notified by Judge Thomas, the F.B.I. and Department of Justice that an investigation has been initiated into my complaints. I find this to be very troubling considering that the criminal misconduct I allege are felonies under federal law. These criminal acts were committed with the intent to cover up racism and bigotry by San Jose city officials. This scandal also reveals disturbing evidence that there is a case-fixing scheme involving courts within the Ninth Circuit Court of Appeals. This scandal involves one of the biggest frauds and
                                                                                                                                                Page 2

abuses of power by government officials in this country in recent history. What is more shocking than the blatant discrimination by these officials is the actions they have taken to cover it up, and the lack of response by Congress, the F.B.I. and Department of Justice to take any action.
            I respectfully request that you use your leadership position in Congress to address this matter by calling for an investigation being that the separation of powers doctrine of the Constitution allows Congress to exercise oversight over the lower federal courts. Clearly, this is a case where oversight is mandatory in order to preserve our democracy by protecting the integrity of our judiciary. The unfettered power with which the federal courts have been allowed to operate with absolutely no checks from Congress or the Executive Branch of government must end. Please review the documents I have enclosed. They present indisputable evidence supporting my allegations against the City of San Jose, the U.S. District Court and the Ninth Circuit Court of Appeals. Additional evidence can be found at the following links: https://www.facebook.com/groups/624131267713226/
                It is my hope that this matter can be resolved fairly quickly since the issues presented are straight-forward. The issues are clearly stated in the letter and attachments I sent to Chief Judge Thomas. Any resolution to this matter must include the reversal of the judgments in my two lawsuits because it is indisputable that they are void and unenforceable by law. I look forward to hearing from you because public corruption such as alleged here undermines democracy.
                                                                                                                        Sincerely,


                                                                                                                        Frederick Bates

Friday, August 3, 2018

The President's Response To The Media Is Alarming

Post 37

To say that the President's relationship with much of the press is not a good one would be an understatement. He has outright contempt for much of the press. I understand why the President is upset with the media like CNN and MSNBC. Every day all day long it is negative coverage. It's non-stop Trump-Russia collusion and Russian interference into our past presidential election, or it's Stormy Daniels and allegations of affairs years past that are covered for the sole purpose of embarrassing the President. With that being said, I am deeply troubled by President Trump's response to the press. I have no problem with him criticizing the press by calling it "fake news" for coverage that is at best dubious. But recent events involving the President and CNN leaves me alarmed. In a joint news conference with Brittish Prime Minister Theresa May in mid July, the President refused to answer a question from CNN reporter Jim Acosta stating "CNN is fake news, I don't take questions from CNN." Shortly afterwards, the White House canceled an interview National Security Adviser John Bolton had scheduled with Jake Tapper on his Sunday morning show "State of the Union."

Just the other day (Wednesday 7-25-18) CNN's Kaitlan Collins, acting as a pool reporter, was banned from a press event in the Rose Garden after she asked President Trump questions about his relationship with his lawyer. The questions were in response to a secretly recorded conversation between the President and his lawyer that was leaked to the press. Collins also asked a question about Russian President Vladimir Putin. These questions which were asked during a photo-op involving European Union President Jean-Claude Juncker and President Trump were deemed inappropriate by the President's Press Secretary Sarah Huckabee-Sanders and Communications Director Bill Shine.

Freedom of the press is essential to holding officials of the government accountable in our constitutional republic. It is as important as the separation of powers doctrine that allows for checks and balances that prevents one branch of government from becoming too powerful. For the President and the White House to try and limit or punish members of the press for questions they may ask or unfavorable coverage is dangerous and reeks of totalitarianism. Any restriction of the press should be rare and only in cases where the conduct of the press shocks the conscience. The incidents discussed above does not come close to shocking the conscience. President Trump is clearly wrong based on his response to the CNN reporters. It would be good for the country and his administration if he became a little bit more tolerant of the press and recognize their independence based on the Constitution. Rather than to constantly fight with the press, Mr. Trump should focus on keeping his campaign promise to "drain the swamp" by exposing corruption in government. He can start with the corruption I have discussed in this blog.