Mandamus Usurped Justice Usurped Impartial Hearing Denied.

If you were to read the Writ of Mandamus Writ of Mandamus filed with the Court of Appeals for the Federal District. It should make pretty clear as plaintiffs we felt we were denied a fair and unbiased hearing by judge Edward J. Damich Because.

  • He declined to attest, he had taken the Oath of office.
  • He declined to attest, he would abide by that oath.
  • He declined to attest, he would abide by his judicial cannons.
  • He was appointed to the bench by President William Jefferson Clinton whom the complaint alleges established a racketeering enterprise in violation of federal law and the constitution.
  • Because Judge Damich refused to attest to his oath, and an intention to abide by it he has by default provided the impression he cannot be trusted to abide by his oath his cannons, or faithfully apply the law.
  • He was requested to recuse himself for the reasons stated and he declined to do so.
  • He did not disclose all the reasons nor address them with any appropriate rationale.

If a judge declines to attest, he will preform his duties in accordance with his oaths of office and according to the cannons of that office don’t you think his “impartiality might reasonably be questioned.” See 28 U.S.C. 455(a).

The Appellate court was requested to remove Judge Damich, vacate, his judgement and provide a judge to hear the case willing to attest and abide by their oath’s to the law and the constitution. This is the constitutional promise of Due Process, of a fair and unbiased hearing. After all your simply asking the Judge to affirm he will do the job he is paid to do as he has sworn to do.

The Federal Court of Appeals converted the Writ of mandamus and directed the clerk to log the request as a request for an appeal. See The Court Order

Plaintiffs made clear in the Writ this could not remedy the lack of a fair and unbiased hearing. It’s a denial of Due Process and the right to a fair and unbiased hearing as any appellate review is subject to the same dishonor by judges who have not committed to abide by their oaths or the fair and proper administration of the law. Take a look at who appointed the judges to this court.

By converting the Writ to an appeal the court breached the same law as Judge Damich. They have provided reason to question their impartiality, honor and integrity.

A fair and impartial hearing by a judge committed to the administration of the law, according to the constitution, is no longer provided by the U.S. Federal Court System.  Justice is not being served!

Any judge who refuses to attest to his oath of office, to abide by that oath, and to abide by the cannons of his office is unfit to preform the duties he is paid to do. Failure of the courts to provide hearings by honorable judges is a denial of the Governments constitutional obligation and indication they intend to effect their will and not the just administration of the law.

What do you think?

Since the Court converted a writ to an appeal. They obviously have arguments written for a writ and not an appeal and the court reveled with the statements of fact their intent for prevarication and obfuscation.

The Court stated  “The Julians filed suit” … .inter alia, their due process rights were violated by the district court and the court of appeals”  The courts motives are clear; obviously to deny a fair and unbiased hearing, leave Plaintiffs with a slim chance option of an expensive supreme court writ, protect a criminally corrupted Government from accountability and responsibility for failing to meet the obligations promised in federal law 18 U.S.C §1964(c)

Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee”

Taking of the proceeds of this promise by forcing the completion of Form SF-95 agreeing to accept a sum certain rather than the promised treble damages, Attorneys fees and cost.

The original complaint listed only 2 counts one For Breach of Contract  A second for a taking without just compensation. There was no count listed in the complaint for violation of Due process or Civil rights. They were mentioned in the filing as a cause of the breach but every breach of contract has an illegal cause. The court was never asked to judge the court on the cause or review the prior courts actions regarding the cause only whether the terms of the written agreement were breached. Is it not illegal to breach a contract? Is Due Process a requirement that Government operate legally and within the law? How can a government breach of contract not be a violation of Due process?

? I believe this Country should take the courts  action as a statement by the Federal Courts, the promises of the constitution to the people can no longer be expected from the Judicial branch of the U.S Government. Treason within is currently corrupting this nation with a terminal cancer and the tumor is the ABA.

It should be noted Plaintiffs in this case believe Judge Edward J. Damich was an architect for acts of treason by Bill Clinton and Al Gore and the Chief judge of this appellate court was working right there with the Senate Judiciary as these criminal acts became law.

I don’t believe the federal courts take my laws seriously and that means they’re willing to put a great many people in jeopardy for their mis deeds. If I were a member of the pool I would be greatly concerned about how callously  the court handles my potential future. For explanation see Anatomy of a Criminal Threat Absent Malice

In my latest filing, I have drawn a judge who appears to be of a different corp. We shall see, if he has the honor to walk with me. See the blog on Wall of Injustice Street. Update 6-18-2016 Apparently Not. Update 6-26-2016 The court is still stalling the proceedings it appears we have a vexatious refusal of a constitutional right by the government institution responsible for protecting them.

Update – 5-14-2016 – I mailed the  Appellate Brief on May 11, 2016 next day delivery. USPS shows it was delivered @11 AM on May 12,2016. As of May 14, 2016, it has not been docketed? Basically, My expectation going in on the appeal was it had  a zero chance of success based on prior experience and solid evidence of the Federal Courts intent to protect the Governments criminal operations.This whole criminal enterprise exposes a significant number of powerful figures for having been involved in its establishment. So in writing this appeal I tried to make my appellate points but ,was much more interested in  shedding light on the truth of the courts deception and cronyism than succeeding in the appeal. Because I fully expect the court to railroad this appeal effecting their WILL  and not Judgement on merit. You can pretty well sum up the essence of the appeal by saying the Court lied effecting its WILL, not Judgement on the merit, or based on the law, to protect criminals in all branches of the US Government.  For the Publics purview access to a copy of the appeal filed is available here. Appeal The DOJ’s Response Here, Reply to Response here.

Update 6-26-2016 The Court issued notice of a Hearing which can be viewed Here: Notice of Hearing

A brief review of what the court should address. The Docket in the case on appeal had several procedural irregularities occur which prompted a request for the Judge who was appointed to the bench by the President  accused in the case filing of establishing a criminal enterprise. Judge Edward J. Damich refused to attest to his oath or intent to abide by his oath. It turns out not only did Judge Damich have the means, opportunity, and motive of a judicial appointment, but his career record makes him the perfect presumptive individual to have designed and implemented  USDA’s RICO enterprise for former President William Jefferson Clinton the very criminal enterprise complained of, and the catalyst of litigation. Yet Judge Damich declined to recuse himself from the case. His ruling to  dismiss the case under rule 12b 6 provided no explanation for accepting as true the DOJ’s every faulty premised argument.

The bar for a 12b 6 dismissal is supposed to be very high?

The bar for recusal is supposedly the appearance a judges: ” impartiality might reasonably be questioned.”

It should be noted for the publics concern the court has repeatedly stated it does not review the decisions of district courts. This appears to leave America with a gapping whole of accountability. This was a function of congress however, Congress delegated that responsibility to the court of federal claims as agent of congress and the courts declining they preform that function?

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

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One thought on “Mandamus Usurped Justice Usurped Impartial Hearing Denied.

  1. Pingback: Integrity & Independence in the Federal Judiciary ? – Blue Ridge Springs

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