Month: February 2016

We The People v. United States Government 1:15-CV-01344
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We The People v. United States Government 1:15-CV-01344

As an agent for Congress the U.S. Court of  Federal Claims has a duty to protect the American people from Government abuses of power. Especially abuse of power by the executive branch engaged in criminal and unconstitutional activities for the depravation of constitutional rights protected by arbitrary, capricious, judicial abuses of power not in accordance with the law.

The Department of “In” Justice (DOJ) asks the U.S. Court of Federal Claims, to suppose the power of the judiciary is superior to that of the legislature.

The DOJ ask the U.S. Court of Federal Claims to accept on the pretense of a repugnancy and by violation of federal law Judge Jackson L. Kiser may substitute his own pleasure for the constitutional intentions of the legislature.

The DOJ ask the U.S. Court of Federal Claims to accept that Governments power is above that of the people and the supreme law of the land.

The DOJ ask the U.S. Court of Federal Claims to accept We The People are no longer in power but, that Government has usurped the United States for its own self interest and enrichment of its servants.

The U.S. Court of Federal Claims should look to the words of Abraham Lincoln “It is as much the duty of Government to render prompt justice against itself in favor of citizens, as it is to administer the same, between private individuals” Because, it is as much the duty of the Federal Court of Claims to render prompt justice against the “Judiciary” and “Executive” branches of Government, in favor of citizens as it is to administer the same between private individuals. Is the judiciary no longer a branch of the United States Government?

The U.S. Court of Federal Claims was founded under Article I., not Article III of the Constitution of the United States. Consequently, this court and its jurisdiction are representative agents of “We the People” through collective congressional representation. It is the function of the U.S. Court of Federal Claims to hold Government “Both” the Executive and Judicial branches of government accountable.

If the U.S. Court of Federal Claims finds for any reason it lacks capacity to hear this case, then they must refer it as a petition for congressional hearing. As an agent of Congress, the U.S. Court of Federal Claims must ensure that the legislative will of the people is enforced. Enlightened souls are opposed to Government operating illegal enterprises for the depravation of constitutional rights to absolve themselves of crimes, accountability, and responsibility, in the jobs they’re paid and have duties to perform.

For the record, frustration and displeasure with the Governments lying, judicial abuse, corruption, and criminal operations of the Executive offices is an extraordinary understatement. Plaintiffs are tried of Governments persistent attempts through pervasive and consistent lying, corruption, and contempt for the law and Constitution, to deny justice while continually trivializing and ignoring such grotesque corruption plaguing the American farms and farmers. Real frustration comes from having to deal with lame arguments by a Government continuing to insist on abusing power, believing people should simply accept as true persistent lies and fallacy under the pretense of justice, at the hands of judges who are but pawns of the same enterprise.

Congress may condone these traitorous acts, as they have obviously turned a continuous blind eye to this heinous, despotic, and criminal enterprise operating as a wolf in sheep’s clothing against civilians they’re paid to serve. The people may be blind and in the dark but, disinfecting light is coming. I would submit the corrupt government oppressors have continually underestimated the resolve, ingenuity, and persistence of Plaintiffs intent to see this enterprise eliminated. As Clint Eastwood would say go ahead, make my day! For decades USDA has operated this enterprise without accountability or responsibility. Never did they believe a farmer would discover their scam or pursue them through federal courts. In the next rounds any attempt to obstruct swift justice by jury trial will not be tolerated by the people; darkness is fading into light.

Congressmen like representative Steve Chabot first district of Ohio, Who is on the House Judiciary Committee, the House Committee on Small Business, The House subcommittee on Economic Growth, and the House Subcommittee on Investigations, Oversight and Regulations, are intimately aware of the Governments manner of family destruction in the lives of so many African American, Hispanic, and Female farmers.

However, this to is another Government cover up, a fraud on the farmers. While numerous diversities have suffered, so to have all small farmers at the hands of government, which hit small farmers with the force of a cataclysm as they waged an invisible and unreported war on small farmers. A war waged to support large corporate agribusiness, lawyers, judges, bankruptcy courts, financial institutions, and environmental objectives lining the pockets of elected officials.

A war waged through an unconstitutional, criminal, and illegal government run RICO enterprise supported by agencies at county, state, and federal levels to intimidate small farmers, giving them faulty information, denying them loans, after having made the wolf in sheep’s clothing the lender of last resort, and harassing them from their land. A Government run RICO enterprise taking land by bankrupting and foreclosing on small farms with no need for compensation.

A Government run RICO enterprise which has protected evil, criminal, recalcitrant agents of government,who never lost their employment and are granted rich retirements and benefits after haven stolen the land, the livelihood, the health, and causing all manner of family destruction in the lives of so many. Farmers fraudulently entrapped by government agents representing themselves as servants of the people when in reality they served a criminal self serving government and the financial coffers of the peoples representatives.

The U.S. Court of Federal Claims must use its Jurisdiction to ensure the peoples Constitutional rights are not subverted by any branch of government. Furthermore, The U.S. Court of Federal Claims must assure the American people they will no longer be subjects of tyranny and oppression at the hands of co-conspirators in Government.

The U.S. Court of Federal Claims must pause to recognize, Plaintiffs with standing who brought the civil (RICO) cause of action against an executive branch of government and its agents, were and are uniquely granted with the legislative authority to prosecute this criminal enterprise. The judiciaries’ actions to unlawfully, convert Plaintiffs suit blocked the only path available to the American people to end the criminal enterprise operating in and by an Executive branch of the U.S. Government. An enterprise aided and abetted by the unconstitutional granting of deference in a civil cause of action, aiding and abetting tyranny and oppression of We The People!

The USDA’s RICO enterprise operating from the Secretary of Agricultures office has unlawfully destroyed the lives of thousands of farmers assisted by the Judiciaries extraordinary bias in granting the agency deference to rewrite laws at will for their own protection. The U.S. Court of Federal Claims must act for justice (RCFC 1.), to assist in dismantling the despotic, oppressive tyranny which appears designed to allow Government the unlawful taking of personal property without due compensation. Designed to enforce big corporations who line the pockets of the people’s representation to the detriment and will of the American people.

The Judiciary is but one of three original branches of Government under the constitution, If this court “Congress” does not hold the Judiciary and Executive branches accountable to the law then they join in the oligarchy of kings above the law and submit the American people to slavery of despots.

The world should then know the U.S. Government is a fraud upon the people and its Constitutional form of Government has failed!

To We The People the U.S. Government is in breach of its Agency duties, and did breach its contractual offer, and promise to the American people to contract with a private citizen to assume the role of a prosecuting attorney with the carrots of inducement by legislative act for monetary compensatory damages, with further express congressional mandate of treble damages, attorneys fees and cost. The only purpose congress had in providing such inducements to a private citizen, was incentive for a private individual with standing to contract for the position of prosecutor and entice such a prosecutor to diligently investigate and pursue the elimination of criminal enterprises negatively affecting the channels of free enterprise and commerce in the publics best interest.Especially those operated using tax dollars to do so.

If Congress had no intent to be bound to the promise only a private citizens can pursue, why offer inducements? Why did they provide a private cause of action for the prosecution of criminal acts? Why does all prior precedent find this law applicable to government agencies?

Plaintiffs contracted for compensatory treble damages, attorney’s fees, and cost to assume the role of prosecutor, to prosecute a Government agency, because Congress understood the prosecutorial gap created by governments inability to prosecute itself.

In fact the U.S Government is defended in these cases by the DOJ, employees of the very government congress intended to empower a private citizen to prosecute. Furthermore, so to are the judges of Article III courts. Would it make sense for the DOJ the so-called Department of Justice to defend the U.S. government and prosecute the U.S. Government as both prosecution and defense council? The King who judges himself can do no wrong!

The founding fathers were well aware of the usurpation of power by government for tyranny. John Adams said, “Representative government and trial by jury are the heart and lungs of liberty.” Emphasis added. Thomas Jefferson wrote “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution,” The founding fathers supported these statements in Article III clause 2 “The trial of all crimes, except in cases of impeachment, shall be by jury;” and in the seventh Amendment ”In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.” Remember also the words of former Chief Justice Harlan F. Stone “The juror is voting on the justice of the law according to his own conscience and convictions and not someone else’s. The law itself is on trial quite as much as the case which is to be decided”

Congress and all prior precedent in RICO found RICO applicable to government agencies and the forces that corrupt them. Congress provided RICO with a civil cause of action specifically to place judgment in the hands of a jury and not in the hands of the king that can do no wrong. Which is precisely the act of treason against the people committed by Superior Federal District Court Judge Jackson L. Kiser when he converted the RICO filing in and attempt to avoid a Jury trial in case 4:13-cv-00054-JLK. 

The U.S. Court of Federal Claims as agent for Congress is duty bound as the people’s representative government not to dismiss this case. They may find the Defendants guilty, bring the case as a petition before congressional hearing, or remand it for a jury trial.

The Court cannot without breach of their sworn duty to uphold the Constitution of the United States and the laws dismiss this case or convert it for Government to Judge itself. Such an act is adhering to the enemies of life liberty and justice, an act of war against the Constitution and We The People.

Plaintiffs based their claim on a promise by the United States Government. A promise the United States Government breached through unlawful, unconstitutional, criminal acts. Additionally, while the case was brought for plaintiffs benefit, it was is and always has been fueled by the thousands of small farmers whose lives have already been destroyed, and those that will be in the future unless this enterprise is cremated.

Plaintiffs RICO claim and the Conversion thereof to a claim for torts was not dismissed with prejudice. The torts were dismissed for lack of jurisdiction under the rubric of the Federal Torts Claim Act. Forcing Plaintiffs to literally request from the RICO enterprise permission to sue them for being corrupt. Plaintiffs  forced to sign an agreement to accept a sum certain rather than the congressional mandated compensatory treble damages provided under RICO. Plaintiffs maintain the Constitutional right and standing to bring a new RICO claim against the USDA and a civic duty, at an appropriate time to pursue prosecution of this despicable display of unconstitutional government corruption.

A corrupted Secretary of Agricultures office running a criminal enterprise through corrupt federal and state agencies to usurp the constitutional rights of American citizens in order to avoid accountability and responsibility for crimes, or the duties they’re compensated to perform on behalf of the American people, is a travesty for justice of unfathomable consequences. For the U.S. Federal judiciary to aid these unconstitutional violations of the supreme law, with unconstitutional bias in favor of government agencies is a travesty of the United States Constitution, and the life liberty and justice for which it stands.

This combination has all too often led to the taking of private property without just compensation. So much so, it appears the U.S. Governments intent in establishing this criminal enterprise. A corrupt federal government protected by a corrupt federal judiciary is a tyrannous trespasser of the law and its people. Congress is duty bound to abolish it or otherwise “We The People” have every right, in fact a duty in the name of liberty and our sovereign rights to dismantle the government and our congressional representation by whatever means necessary.

The founding fathers were well aware from histories teachings Governments can and do become corrupted self-serving tyrannous despots. So enlightened the 1st and 2nd Amendments to the constitution were written for the very day. 1. Only through free speech could disinfecting light be shared among men, spreading the truth of a completely corrupted government. 2. Only by having arms in the hands of the people could liberty and freedom once again rise from the ashes of a government fallen to the weaknesses of the flesh.Jefferson & Tyranny & the 2nd amendment

In the words of Malcolm X ” His answer, “And I go for that. If you take up arms you’ll end it, but if you sit around and wait for the one who’s in power to make up his mind that he should end it, you’ll be waiting a long time.”

The U.S. Government DOJ defenses arguments have only wasted the Peoples and the U.S. Court of Federal Claims time and money, and justice in delaying. Every argument the Government portends to support its case is nothing less than fallacious attempts to prolong and avoid accountability and responsibility for their treasonous acts on the people and Constitution of the United States. It’s obvious that the Government is run by and thinks like lawyers in constant opposing battle over turf and never focused on the rights and needs of the people.

We The People need to understand this is not a partisan issue President Bill Clinton may have institutionalized the racket, but it was operating long before he took office. No, this operation took bipartisan support to instigate and I believe you can attribute the whole operation to the collusion of, for, and by lawyers.

 

This U.S. Court of Federal Claims should choose carefully a path to salvation. The path is narrow and sharper than the razors edge.

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

Oligarchy, Revolution, Judicial Reform Imagine Illuminating the World
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Oligarchy, Revolution, Judicial Reform Imagine Illuminating the World

Many defend global warming as not real. Stop just a moment, and ask yourself what if global warming is real and you’re very late with any attempt to slow it down?  What would you do If you knew global warming is real and its effects were imminent? What are the consequences, if global warming is real, and nothing is done about it, versus the consequences of it being a natural phenomenon or a hoax?

What if it’s so far along it’s impossible to slow down? Focus on what should be done, what could be done, to clean up the world’s pollution, rebuild and modernize infrastructure, better, faster, cleaner, utilize the technological advancements of our time to create a far better future focused on green energy, clean water, social and economic justice for all? What If?

How about worldwide social changes for global UNBUTU?  Social change for global awareness, social change for global basic income, social change for a global democratic socialist revolution. Global change for a global society on this one and only blue marble. ubuntu-an-anthropologist-proposed-a-game-to-the-kids-in-an-african-tribe-he-put-a-basket-of-fruit-near-a-tree-and-told-the-kids-that-the-first-one-to-find-the-fruits-would-win-them-all-w

Keep in mind money is merely a conceptual Idea there’s nothing tangible or real about it outside your mind. Hoarding money for one’s private use is nothing less than a selfish ego. A billionaire does not need another billion nor do his heirs deserve to have so much given to so few when so many need so much.

Of all the species on this planet, of all the forms of social structure, what social structure has been the most prolific and successful for the longest period of time? Read 10 Frightening Facts You Probably Didn’t Know About ___.

As Robert Reich said if you like the current political system vote for Hillary she is well qualified to run the one we have, But if you want the one we should have voted for Bernie Sanders. So If you think the current system is the best we can reasonably hope for.

Written “assuming” Dr. Richard Cordero was referring to a letter I wrote to my Congressional Representative Morgan Griffith previously discussed in the earlier blog Nations Conscience Has Taken Leave of Court! When he wrote:

“The realization of running the risk of killing the prospect for a political career with an above average annual salary of more than $150,000 for the sake of a Quixotic venture against Taller Than Windmill Judges has a lightening fast sobering effect…unless one had realized that from the outset.”

Dr. Richard Cordero Judicial Discipline Reform Advocate.

Well YES! A revolution is required to overcome the entrenched Taller Than Windmill cancer of corruption symptomatic of the oligarchy control over our government, society, and planet. Public realization of “Education” and outrage at the TRUE reality is a requirement for energizing a movement of the next generation for Quixotic Change. The judiciary is but a symptom of the root problem, which you cannot begin to change, without a change in Governance by the People.

New Graph Design

Societies around the world are in great pain and peril from the Old boy establishments. The Planet itself, is seriously threatened, believe it or not. But, before your ego gets in the way of your intellect making you an Eqidiot please read The one thing you always know.                        Egidiot is like Donald Trump’s ego so large it gets in the way of his intellect making him say and do stupid idiot things.  

The next generation must move swiftly, with visionary, innovative, disruptive, and exceedingly idealistic revolution, to overcome the globally corrupted stagnant foundations of societal obstruction, and affect the unfathomable practical change reality demands. Millennials must become electrified to police injustice and move mountains!

The millennial generation must take the red pill seize the day and destroy the matrix a brutal awakening to the Truth must occur!

Change is inevitable rapid change is chaos. As ugly and violeCog Disnt as that may be, future generations depend on it. Because the establishment and transfixed sheep of the matrix are trapped in a box by Cognitive Dissonance! Those who believe can, or otherwise won’t.

“You have to start with the truth. The truth is the only way that we can get anywhere. Because any decision-making that is based upon lies or ignorance can’t lead to a good Conclusion.” 

Julian Assange

It is not whether you win or lose in court(s) its how you play the game. Truth lives in the past and lies in the future. Those who live the truth die with Honor those who live the “to” lie die without!

Truth is the light and the way. Shine it on! Keep, keep, keep shining, only with light can we electrify the police “We The People” to disinfect the pollution destroying society, the planet, and ultimately the human race.

“The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.”

“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”

“Most of the things worth doing in the world had been declared impossible before they were done.”

“The most important political office is that of the private citizen.”

“We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can’t have both.”

“If we desire respect for the law, we must first make the law respectable.”

“In the frank expression of conflicting opinions lies the greatest promise of wisdom in governmental action.”

“If we would guide by the light of reason we must let our minds be bold.”

“Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears.”

“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

“Our government… teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

Justice Louis D. Brandeis – The Peoples Lawyer

Government & the Judiciary are in breach of contract and their agency duty. The light must be shown on the Truth and nothing but the Truth.

Let anarchy begin.

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

Thomas Jefferson Explains Path to Oligarchy! William Jefferson Clinton Perfects It!
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Thomas Jefferson Explains Path to Oligarchy! William Jefferson Clinton Perfects It!

May 1788 in Federalist No. 78 Alexander Hamilton wrote :

“A Constitution, is, in fact, and must be regarded by the judges, as a fundamental law.” ”The constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.”

”Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those, which are not fundamental. [Emphasis added]“

”It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.” [Emphasis added]

See [Exhibit 2].Federalist No. 78 Alexander Hamilton

Thomas Jefferson in a letter to William Jarvis September 28th 1820 about the constitution wrote:

“I feel an urgency to note what I deem an error in it, the more requiring notice, as your opinion is strengthened by that of many others. You seem in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps, Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.” [Emphasis added]

See [Exhibit 3].Excerpt from the writings of Thomas Jefferson.

Stop here and consider for a minute that at the time of Jeffersons letter the average life expectancy was a ripe old age of 37. Additionally, the case of Marbury v. Madison had established  precedent

“The solution he chose has properly been termed a tour de force. In one stroke, Marshall managed to establish the power of the court as the ultimate arbiter of the Constitution, to chastise the Jefferson administration for its failure to obey the law, and to avoid having the court’s authority challenged by the administration.”

From 1789 until 1855 all monetary claims based upon a congressional statute, an executive branch regulation, or a contract with the United States Government were handled by petitions to Congress.

In 1855 (10 Stat. 612) Congress established the Court of Claims to relieve its own workload. In 1861 at President Abraham Lincoln’s insistence congress granted the court of claims the essential judicial power to render final judgments in response to President Lincoln’s’ insistence in his annual message to congress in 1861 that

“ It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals”

See history on the Court of Federal Claims website.

The Administrative Procedures Act was born in a contentious political environment between 1933 and 1946 as detailed in the 1946 U.S. House of Representatives report detailing a “painstaking and detailed study and drafting” Based on one study, President Roosevelt commented that the practice of creating administrative agencies with the authority to perform both legislative and judicial work

“threatens to develop a fourth branch of government for which there is no sanction in the Constitution”

In 1994 while the USDA was besieged with Civil and Criminal allegations President William Jefferson Clinton signed into law the Department of Agriculture Reorganization act of 1994. Subsequently, Mike Epsy then Secretary of Agriculture promulgated into law the National Appeals Divisions, See Title 7 Part 11 of the Code of Federal Regulations (CFR). The Secretary then promulgated into law that the Federal Rules of Evidence shall not apply to proceedings under the National Appeals Division. See Title 7 CFR 11.4(b). 

Update – 3-17-2016- It’s important to note here that at the time President Obama’s Vice President Joe Biden was head of the Senate Judiciary committee. President William Jefferson Clinton’s Vice President Al Gore an environmental activist. Senator Joe Biden and Senator Barrack Obama cosponsored the Piggford v. Glickman settlements. If you don’t see the connections your blind! The good ole boy network of the ABA is at work rapping, robbing, and destroying the lives of small farmers by usurpation of the Constitution and the Judiciary.  After this legislations enactment  Judge Edward J. Damich was appointed to the Bench by William Jefferson Clinton in 1998 to the  Intellectual Property Counsel for the Senate Judiciary Committee. May he have assisted in the legal construction of this criminal enterprise? See :Integrity & Independence in the Federal Judiciary ?

The Secretary of Agriculture is a Cabinet Member reporting directly to the President of the United States, which at that time was notably President William Jefferson Clinton. A President I might add who was a lawyer himself and was prolific at getting Federal, State, Appellate, and Supreme Court Justices into seats on the bench.

At this point the Secretary of Agriculture, reporting directly to the President had the United States Department of Agriculture USDA, and the NAD under his direct control  having eliminated the Federal Rules of Evidence.

Now you have an Executive Branch of the US Government with the power of all three branches of Government! Thomas Jefferson is rolling over!

President William Jefferson Clinton with Executive control of the Department of Agriculture. The USDA an Agency with administrative ability to promulgate into law under the code of federal regulations with the same force of law as statutes, and the National Appeals Division (NAD) also a division of the Department of Agriculture performing the Administrative Judicial functions. Where the Federal Judiciary will grant the USDA Chevron Bias to rewrite the laws to support NAD rulings. 

DSRGJ4EU8AA0H_C (1)

The only check on their power citizens now have over the department of Agriculture is Judicial review in Federal Court.

The Judiciary had at the time already begun exploiting precedent regarding  administrative agencies giving them extraordinary powers to interpret their own rules with Auer and Chevron Deference!

America has an Executive branch with the powers of the Executive, Legislative and Judicial branches and more disturbing, the Judiciary on review granting them the power to simply rewrite law to avoid accountability or responsibility for their lack of compliance with the laws they promulgated. Has the Judiciary and Executive branch of government become co conspirators?

For anyone following along understand USDA administrative procedures under NAD are written and designed for these two goals. The first is to eliminate any appearance of financial damages with deference. The second is to ensure any criminal complaint is kept out of the proceedings leaving the appellant to pursue court action under the FTCA. Having eliminated the financial damages with deference the court will look the other way claiming no harm “financial harm” no foul. As if the crimes played no role in the whole scam.

This is simply an intentional usurpation of the United States constitutional segregation of power! It is an unconstitutional act of treason. This is the Nations Food Supply, Massive Farm Loan Programs, Food Safety Inspections, Food Nutrition Services, the Nations National Forest and Parks, controlled by an Executive branch with unrestrained power! Has congress allowed such for other Agencies of Government?

Supreme Court Justices Alito, Scalia, and Thomas write, in their recent concurrences in Perez v. Mortgage Bankers Association No. 13-1041 Argued December 1, 2014—Decided March 9, 2015 that

”judicial deference to agency interpretive rules cannot be squared with the constitutional structures of separation of powers, and checks and balances.”[Emphasis added]

Justice Thomas in particular provided a thorough and compelling review of the reasons why the Constitution separates powers between the three branches, and the evils that come from undivided government power.

Since the passage of the Agriculture Reorganization Act, NAFTA an signing of U.N. Agenda 21, all under William Jefferson Clinton, over 2 million small farmers have been displaced or bankrupted. Tom Vilisack of the USDA recently bragged farmers have declined by 22 million and farm land reduced by 23%. see Full Committee Public Hearing on State of the Rural Economy.2-24-2016.

Jefferson’s letter to William Jarvis in 1820 was prophetically spot on. The Judiciaries dangerous power coupled with passions for party, power, and privilege of their corps has erected and conceded us all to the hands of a single tribunal, turning them into despots placing We The People under the despotism of an oligarchy.

And I believe the true oligarchy is none other than the Fraternal order of lawyers > Judges and legislators in conjunction with their placement in Executive offices. I suggest you read my post

While a left leaning liberal, I Cannot Support Hillary 

Bernie Sanders has said after more than 25 years in office our Government is corrupt and powered by the influences of money and greed. Former President Jimmy Carter, as fine a man as I know has said our Government is no longer a Democracy but an Oligarchy. Jimmy Carter: The U.S. Is an “Oligarchy With Unlimited Political Bribery”

This country is seriously in need of a revolution which takes back our Government from the power of greed and the fraternal order of lawyers. We need to vote in a President, Congress, and Senate with few lawyers. Some would say I’m guilty of profiling lawyers. But, the facts speak for themselves, You want to be respected even honored you need to be honest, honorable, transparent, and remove the secrecy from behind closed doors. You need to be held accountable and responsible especially where your poking your hands in the publics interest.

You won’t respect? Earn it!

Slide1Because the rules don’t require it Judge Edward J. Damich Denies a request to affirm he has taken the oath of office and intends to abide by it. I never saw him take that oath. Given 4 Federal judges and 2 State Judges have not  followed the law in my legal battles with the U.S. Government. I expect the judge to affirm his intention to abide by the law upfront I want a promise of due process before they steal more of my life.

This is not in your favor. By Order of Judge Edward J. Damich.Note: Judge Damich was appointed to the bench by none other than William Jefferson Clinton.

Most of this information was part of my reply brief to the Governments Motion to Dismiss under Rule 12b. I believe Judge Damich should recuse himself. What do you think?

Here is an interesting Federal Law 18 U.S.C.2382

Update – 2-12-2016 – Federal, State, District, and National courts are not and have not been abiding by federal law. Our government is operating criminal racketeering operation and the media will not report it. I believe they are now after me I will not wind up like Andrew Brietbart. If approached by law enforcement I will not go like the quarry slave at night sustained and soothed by unfaltering trust. Law enforcement should be after the real criminals the corrupt lawyers, legislators, running our government and our courts.

Update – 2-19-2016 – Rudy Arredondo posted enlightening information on the Hispanic & Women Farmers & Ranchers Settlement Facebook page today. I have created this PDF version for your review and information.Hispanic & Women Farmer’s & Ranchers Settlement Claimants Group

Update – 2-21-2016 – New Clear Vision a Land without Farmers

Update – 2-21-2016- BFAA President Gary Grants website interesting read on the subject.

(Irony)

(linked documentation)

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

 

The Nations Conscience Has Taken Leave of Court !
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The Nations Conscience Has Taken Leave of Court !

Given the current political environment, I liked having my last post on the front page. However, many nuance complexities in my legal battle with the U.S. Government have occurred which I want to share. In other words, I have no shortage of topics to write about. In some ways, they’re all related to this journey.

Yesterday I mailed my response to the U.S. government’s 12(b) motions to dismiss my case. There are several pages of history and commentary in that filing relevant, not only to my case but, to the state of the Nation, Judiciary, Government, my last blog post, and actually so many relevancies I simply can’t list them all. I intend to blog the history, and commentary in relatively short order once, I have confirmation it’s in the hands of the clerk of the Federal Court of Claims.

I wrote in an earlier blog about my expectations of the Federal Courts’ response to the filing of that case in Any Doesn’t Mean Any Anymore.  Waiting on confirmation; because, the only motions I filed, in this case, subsequent, to the filing of the complaint have not been docketed. In fact, several documents you would expect docketed in this case have not shown on the docket. Examples of which include the Department of Justice attorney notice of appearance, a ruling from the judge on a request to proceed in forma pauperis and since I’m a pro se litigant, I’m under the impression a Roseboro notice should have been issued although, perhaps the rules in this court are not the same as the federal district courts?

The last two motions I presented to the court, mailed January 12, 2016, were a motion for presiding judge Edward J. Damich and the Alternative Dispute Resolution (ADR) Judge Eric G. Bruggink to provide affirmations and attest they had taken the U.S. Constitutions Oath of Office and regarding case 15-1344c they intended to abide by their oaths and the judicial cannons of office. To date, neither of these motions or a response has been docketed. I made these motions for a number of reasons, it’s easy to see though, how a Senior judge might find the request offensive.

All this is interesting and bears significance and relation to other events. See, I began to suspect very early on after filing my first complaint, events occurring with the court were not kosher. In fact, I started this blog when I felt it had gone past just being my imagination. See the first blog post from November 19, 2013, Capitalism, Democracy, Justice, and Civil Rights wrote just 2 months after filing the first complaint. That post talks about filing a complaint against Judge Jackson L. Kiser and how the Federal Judicial system is not open to complaints or criticism. Prior to this, I had blogged a little on the journey through the Administrative appeals process with the USDA on my website Blueridgesprings.com/blog  I needed a better blogging platform, and if I could afford it today I’d pay the $99.00 to upgrade this one.

I posted my discourse a number of times on the blog after that about my contentions the Federal District Court of Virginia Western Division was corruptly handling my case. I have on multiple occasions referred in motions to the court of Judge Jackson L. Kiser’s Memorandum Opinion issued March 24, 2014, as filled with deceit, deception, intentional misrepresentations, and dabbled with lies. Furthermore, I told the appellate court it reads entirely as though it’s written by attorneys for the defense. When you sue a branch of the U.S. government for racketeering and get this response from a Federal Court Judge, you can only believe their part of the racket which, my research had already suggested.

Knowing the court had denied any opportunity to amend the complaint. Feeling literally raped by the Government, Judicially abused and simply astounded by a federal court judge justifying opinions with outright lies, misrepresentation, and even crafting an alibi for criminal acts of Government employees, knowing, I would not have a chance at justice in this court.  I was free to motion for sanctions and was no longer concerned with jeopardizing the case. I filed a motion with the court to sanction the Virginia Department of Justice attorney who early on failed to follow the Federal Rules of Civil Procedure. I had blogged about this in Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)  

When I responded to the attorney reply brief,  I was working on filing a brief for an interlocutory appeal see [Exhibit 5] with the 4th circuit court of Appeals and hoped this case was going to take a very different course, I also expected the motion for sanctions to get the very same prejudicial treatment, every other filing had received. Consequently, I concluded my reply brief with a statement of fact, not unlike that expressed numerous times throughout history. See the blog post Response to Reply for Sanctions [ECF N.o. 60] and connect this with the quotes of Thomas Jefferson in my next blog post.tyranny-montesquieu

CONCLUSION

A Corrupt Federal Agency aided and abetted by a Corrupt Federal Court is a travesty of justice for American Democracy an Insult to the U.S. Judicial system, to the constitution of the United States of America, and to Life, Liberty, and Justice for all. It results in tyranny, oppression, and absolute despotism of the people, justifying completely and succinctly the second amendment to the constitution of the United States. There is no greater criminal than the criminal that sits on the bench robbing America of its foundations.

It’s important for reasons never disclosed, you note the filing date of this reply is important. This reply brief was docketed on June 6, 2014. The Interlocutory appeal brief to the 4th Circuit Court of Appeals was mailed on June 11, 2014, and not docketed by the Court of Appeals until June 16, 2014. However, the U.S. Department of Justice in Roanoke VA. received a copy of the interlocutory appeal brief on June 12, 2014.  On June 13, 2014, Judge Jackson L. Kiser docketed his Show Cause Order blog post-Judge Jackson L. Kiser sends U.S., Marshall with comments on my Blog.

Why are the dates so important? Well, if you read the show cause order, Judge Kiser states:

“[ECF No. 60]In that filing, they made several scurrilous and wholly unsubstantiated allegations about this Court, including accusing the Court of intentionally waiting to set Defendants’ Motions to Dismiss for hearing,1 and asserting that there is evidence of “ex parte communications.” Moreover, Plaintiffs accuse me of being a criminal, and accuse this Court of corruption:”

“1 In the Pretrial Order filed in this case on January 15, 2014, the parties were instructed that it is their responsibility to set motions for a hearing. (See Pretrial Order ¶ 5, Jan. 15, 2014 [ECF No. 32] (“It shall be the obligation of the moving party to bring the motion on for hearing by notice.”).) Absent extenuating circumstances, the Court does not set hearings for the parties sua sponte.”

Lets discuss the first Paragraph in order of statement.

  1. “intentionally waiting to set Defendants Motions to Dismiss for hearing.” the foot note 1 is accurate however, as was stated in the show cause hearing, The Attorney general for the state of Virginia was the movant and unless someone has done something shady the docket should reflect that the Attorney never submitted a motion for  a hearing. In fact the clerk of court at the judges direction scheduled one hearing for everything after the time to motion had already lapsed.
  2. “asserting that there is evidence of “ex parte communications”” I have yet to disclose the evidence of this to anyone and no one has asked me to either but, I believe I can prove that statement and I want you to consider this. The [ECF N.o 60 was docketed June 6, 2014. The DOJ of Roanoke got a copy of the Appellate appeal brief  on June 12, 2014 USPS mail tracking and then judge Kiser posted his show cause order on June 13, 2014 which was mysteriously followed by the appellate court not receiving the appeal brief until June 16 2014. USPS mail tracking coincidentally, the same time as the Virginia Attorney Generals office USPS mail tracking Its important to note here too, the appellate brief details many of these scurrilous and criminal acts as well as providing a more in depth look at the RICO allegations. see [Exhibit 5] from above.
  3.  I told you when I posted the blog Judge Jackson L. Kiser sends U.S.    Marshall with comments on my Blog to take a very close look at what the reply brief actually said. I have not discussed this before now except in the show cause hearing which the transcripts should reflect. I asked Judge Jackson L Kiser if he could show me where in that statement he found his name? Do you see it? Me either because it’s not there.  I asked Judge Jackson L. Kiser if he saw any mention of the Federal District Court of Virginia Western District in the statement. Do you see it? Me either because it’s not there. The statement was written at that very time, not to specify any particular judge or court. Just a statement of fact! So Judge Kiser you assumed the statement was about you and your court. I asked him in the hearing it thats how he ran his court based on his personal assumptions. I said I thought Federal Courts worked off of facts to determine the truth.

Now look at the print out of activity on Blueridgesprings.com   and WordPress.blueridgesprings.com  from June 10 – June 16. Yes, this may be circumstantial evidence but, someone knows the truth and with a little discovery its possible to know a lot more about the truth.

I tell you this. When I first filed the action I kept a lot of known factual information and evidence to myself. A lot of that came out in fits and spurts as the opportunity for discovery was continually moved  out of reach. To this day I’m still holding evidence of my RICO allegations I have not exposed. I’m not sure whether I provided to much information to start or not enough. I just figured in the beginning it would be a little like poker. Never let them know more than they need to know about the hand you’re holding. I have explained my belief about what you know for sure in my blog Do you know the one thing, The one thing you always know?

Unless I have some kind of substantial evidence in hand, I don’t like to make accusations about it. I believe the transcripts of the first hearing in my case were not accurate. Why, well certain statements and actions by people are sometimes very telling and stick with you especially if there highly important to you. There were 3 things, I believe were said in that hearing which are simply not in the transcript. I can’t prove it unless it was recorded but, the court reporters told me Judge Jackson L. Kiser would have to approve any changes and I would have to take it up with him. Go figure!

After the show cause order, I remember very well being threatened by Judge Kiser he would no longer allow my motions to be docketed. Interestingly enough, thats how the Federal District Court of Claims is operating. Discussed supra as they say. See paragraph 4.

I told Judge Kiser in the last hearing I had before him. He was a public official just like the rest of the defendants. The entire case was about accountability, responsibility and as a public official he was no different. Lawyers, Prosecutors, District Attorneys, Attorney Generals, The Department of Justice, they all have real conflicts of interest calling out a Federal Judge. Even congress looks bad when someone appointed to office, and confirmed by congress is guilty of criminal acts. I understood when I filed this suit that was precisely why RICO provided private attorney general status. But, if the courts wish to ignore the law were a lawless nation. I laud Judge Kiser for implying my 1st amendment rights do not apply to filings on a government owned system. The Judiciary simply wants no one holding them accountable and wants everyone to simply accept what they say is – is. Like Bill Clinton said depends on what the meaning of is – is.

On Several occasions beginning January 27 th I emailed Congressman Morgan F. Griffith a letter stating that two Federal Judges in the Federal District court of Claims were not docketing motions related to this RICO case. A case I had discussed with him previously. I sent this letter through his congressional website on January 31, 2016 and informing him I had asked for these judges to confirm their oaths of office and stated. If a Federal Judge is not willing to affirm his oath, and his intent to abide by that oath, he is no longer fit for duty, and I expected congress to fulfill its duty and accept my petition for a congressional hearing. As of this writing I have not received any response from Congressman Moran F. Griffith. I did copy the DOJ attorney in this case with that  communication. A copy of that letter can be seen here: Congressional Representative Morgan Griffith 

Update 2-12-2016 The Office of Congressman Moron Griffith called on 2-11-2016. A young woman on the line. I can’t help but wonder if it was the Attorney for the DOJ. You can not underestimate the willingness of everyone I have encountered in government to just straight out lie. Note that it took approximately 2 weeks for a response when every other previous time I was contacted within days. The local sheriffs office has started calling and i suspect at the congressman request. In the bigger picture its important to note Moron has a Washington and Lee JD, There seems to be quite the contingent of such grads in the circles of VA judicial and legislative corruption.

Update 2-4-2016 – Judge Edward Damich has issued his response to the motion requesting he make a written affirmation of his oath of office. He declined to do so. Stating:

“There is no provision in the Rules of the United States Court of Federal claims that calls for such acknowledgement.”

My response:  I consider his statement as reserving the right to proceed in violation of his oath. I find that unacceptable, If you want to be called your Honor you must first earn the title. Given my experience with Judge Jackson L. Kiser and members of the 4th CA, I will no longer accept as true a judge has honor he will have to demonstrate it.  It would be a waste of my time to proceed with such an endeavor. It’s a violation of Rule 1. It’s unjust to expect a plaintiff to proceed with an action in which the judge reserves the right to disparage his oath of office. By declining, the judge is declining to extend to plaintiffs the constitutional promise of due process.   By Order of Judge Edward J. Damich 

Furthermore, my understanding was you could move a judge for anything related to a case. There was no reason with such a motion to state grounds for its blatantly understood from the relief sought.

Christopher Julian

Not a Pro Pro-Se Per se.

@blueridgespring

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