Justice; Chief Justice John Roberts!

Justice; Chief Justice John Roberts!

Chief Justice John Roberts,

Justice Louis Brandeis known as the peoples judge said “Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen” No man is above the law so the confirmation hearings say.

Today Executive branches of the U.S. government are running criminal enterprises in violation of Federal laws, federal antitrust laws, and the Constitution. Three times I previously brought this matter to the attention of then President Barack Obama. Please refer to the correspondence which can be found on this blog. None of the communications was ever addressed.

Congress approved the implementation of these enterprises in violation of the Constitution and their oaths of office. Consequently, they do not want their despicable deeds exposed. I have multiple times by mail and phone requested of Congressman Morgan Griffth the opportunity to address Congress regarding this matter.  No request was ever acknowledged. You may also refer to written correspondence evidenced in this blog.

These enterprises are specifically designed for the obstruction of justice, to deny due process, to deny equal protection, and to deny fair hearings. These procedures are an absolute abysmal affront to Due Process, American values, and the Constitution.

Three times I’ve brought these allegations into Federal Courts with the filing of Civil Lawsuits. For Five years Government has refused to allow a fair hearing on these matters. Each dismissed by corrupt federal officials who’ve used lies, deceit, deception and down right criminal acts to subvert these allegations. Enough is Enough as Clarence Thomas Said When Anita Hill lied, I purpose to aid the treason afoot.

The Federal Judiciary is aiding, abetting, and protecting these criminal enterprises and even gifting them with the ability to write new laws at will avoiding accountability for criminal and civil violations of Federal law against the people they’re supposed to serve. See the Statements of the Supreme Court on deference made over the last five years in the Courts rulings.

These acts Sir are in violation of the government’s contractual obligation to operate legally and within the law. These acts are a complete and utterly criminal violation of the Constitutions intent for the separation of powers. These acts Sir have the Government warring against the Constitution and against the American people. These acts Sir, are acts of treason as defined by the Constitution of the United States.

As you should now beware, Sir, these criminal, unAmerican, and unconstitutional allegations, allege a criminal conspiracy of wrongdoing by every branch of the US Government. It’s a tenant of the rule of law that no man may preside over his own case. I, therefore, submit that this case must be heard against the US Government by a Jury of the American people and its criminal operations must be stopped.

The rule of law states: The Law should govern a nation as opposed to being governed by the arbitrary decisions of individual government officials. The Judiciary has repeatedly corruptly, maliciously, relied solely on arbitrary decisions of corrupt Government officials in the judiciary aiding, abetting, and protecting the Government’s criminal and unconstitutional RICO enterprises. They’re guilty of Treason by conspiring, aiding, and abetting domestic enemies of the Constitution and the American people.

This country is founded on the rule of law. If it’s to be governed by the rule of law then All branches of Government must stand trial as defendants and defend themselves before a jury of unbiased civilian jurist.

To Quote Thomas Jefferson:

“Trial by jury is the only anchor yet ever imagined by man, which can hold a government accountable to the principles of its constitution.”

John Adams called trial by Jury:

“the heart of liberty.”

James Madison said:

“Trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature”

As Justice Brandeis said:

“A government of laws will be imperiled if it fails to observe the law scrupulously. If a government becomes a lawbreaker, it breeds contempt for the law; it invites every man to come a law unto himself. It invites anarchy.”

The prophecy of Elbridge Gerry  declining to sign the Constitution and the warnings of Thomas Jefferson in 1820 are proven accurate.

How Sir can I, can any of us, have anything but contempt for a judiciary that’s aiding, abetting, and protecting illegal and unconstitutional operations of the people’s government? How should I, or any of us, not have contempt for a Government operating above the law and against justice for its people? The American people cannot address Government Corruption in Corrupted Courts under their control. The people should awaken to fact corruption permeates the  Judiciary and it should no longer be allowed to Judge itself in dismissing facts.

This petition is made pursuant to the First Amendment to the Constitution the right to petition the Government for a redress of grievances. The Government is not entitled to immunity in this matter because its sovereignty cannot supersede the Government’s agency requirements as defined, by the Constitution, by the Contract, which gave rise to the existence of Government, a contract which requires Government to operate legally and within the law.

I cite and incorporate for reference and submit as evidence the Judiciary is criminally corrupt all procedural records of filings, appeals, including the appeal to the supreme court, writs, the dockets, and all supporting documentation, including the actual dockets for the following cases.: 4:13-cv-0054, 1-15-1544C, and 3-16-cv-173. That is, an honest factual assessment of all filings in these cases will suffice to prove beyond a reasonable doubt the Government is guilty of treason.

The courts are thus aware of the evidence against them and the allegations of the criminal enterprises as complained of in the aforementioned cases. They may not preside over nor dismiss a case against them without a proper and fair hearing. Since the complaint alleges criminal wrongdoing and conspiracy by the judiciary, including the willful intent to obstruct justice. The judiciary has neither the right nor the Authority to dismiss this case. Plaintiff demands the US Government including the Judiciary stand trial for TREASON! Before a Jury of American Citizens.

Failure of the Judiciary to defend itself before a Jury is admission this country is no longer founded or governed by the rule of law but is in fact under the rule of a Criminal enterprise of despots and traitors.

Please readers watch this Facebook post its all related to the Treason i’ve been fighting.

https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2Fjlecenarro%2Fvideos%2F1538558802878659%2F&show_text=0&width=560

No one in a Republic is above the law, above the supreme law; not even the judiciary!

 

Sincerely,
Christopher B. Julian Pro Se.
980-254-1295

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

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

The Nations Conscience Has Taken Leave of Court !

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 there all related to this journey.

Yesterday I mailed my response to the U.S. governments 12(b) motions to dismiss my case. There several pages of history and commentary in that filing relevant, not only to my case but, 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 relative short order once, I have confirmation its 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 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 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, its 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 blogpost from November 19, 2013 Capitalism, Democracy, Justice, and Civil Rights  written 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 web site 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 a 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. Kisers 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 its 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, mis representation, 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 no longer concerned with jeopardizing the case. I filed a motion with the court to sanction the attorney for the Virginia Department of Justice 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 attorneys 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.

Its 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 my time to proceed on such an endeavor. It’s a violation of Rule 1. It’s unjust to expect a plaintiff to proceed 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 motion 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

WordPress.blueridgesprings.com

The Razors Edge

The Razors Edge

I’ve had a few people lately make me feel, as though they believe I’m off my rocker. After all I accused the USDA of running a racketeering enterprise, Superior Federal district court judge Jackson L. Kiser of being a liar, the fourth circuit court of appeals of protecting a criminal government operation, and the supreme court of the United States of being traitors to we the people. It all sounds like, I might just be a government conspiracy theorist. Perhaps they’re right, perhaps not.Give me a fair hearing before an honest unbiased tribunal.

IMDB tells me I’ve been confused since 1984, although, I would have to see the movie again to know for sure. It says “The path to enlightenment is sharp and narrow as the razors edge” For decades I believed in the movie, the Monk told Bill Murray the path to salvation is narrow and sharp as the razors edge.

Perception, and even realty of the world we live in, has significantly more than 50 shades of gray. I’ve at least since 1984, viewed the path to salvation as the razors edge. On one side of the path, is good, the other evil, on one truth, the other lies, on one side honor, the other dishonor. I believe in the truth of science, in observable fact, and in god. I believe it is very easy to fall from the path and I believe Jesus said: I’m truth, I am the light and i am the way. I believe the path to our salvation comes from living in the light of, and accepting the truth. You can lie about the truth, you can color it in many shades of gray, but you cannot change it. The truth is,what it is! True ?

I made a conscious decision years ago to live the truth, I chose to do and be good, I chose to die with honor. However, there are more than 50 shades of gray and i’m not telling my wife she’s fat though It would be a lie anyway.

If you believe I’m off my rocker, or that i’m lying about the USDA, the dishonorable Judge Jackson L. Kiser, the dishonorable judges in the fourth circuit court of appeals, or the traitorous acts of the Supreme Court, to the later I say grant me the opportunity to make my case before a jury of my piers. To the former I say hold on to your hat and follow the blog.

If what I say is true We the People have been betrayed by the Judiciary and our constitution sold to a corrupt tyrannous and despotic  government. For the one and true sovereign, We the People, these are acts of treason, It is often said one must fight fire with fire, one must fight crime as a criminal. Even Bernie Sanders admitted on Face the Nation sometimes war is the only viable option.

I chose to follow the Governments definition of proper channels, they have been deceitful, deceptive, criminal, liars through every proper channel, hell bent on covering up, and hiding the truth of their dishonor. They have dishonored every fallen solider with their despicable disregard for the constitution and civil rights.

When the Government is protected by the judiciary for violations of federal crimes, when the Government operates an enterprise banned by Federal Law. They violate their obligation to Due Process, the Magna Carta requirement, they operate legally and within the law. Congress, the Senate, and even the President are aware these transgressions are a fact of the USDA’s operations. They will not accept the truth, admit the truth, only color it in shades of grey deeply off the path of salvation.

Without a Judiciary holding Government to the rule of law, We The People are without representation. It is taxation without representation, the heart of the American revolution, the war of Independence. Today the U. S Government and the Federal Judiciary dishonor the 50,000 soldiers who died for our freedom and the U.S. Constitution and all those who have died protecting it since.

I did not ask for this assignment. I had no desire to be drafted into a political war. Edward Snowden and I took very different paths for the same purpose. To hold Government accountable and responsible for its crimes. You know where Snowden is. Where has the path of proper channels gotten me?

The Path to enlightenment is narrow and sharp as the razors edge!

I might be off my rocker or maybe not. Pay attention America, decide for yourself, but do your homework and ask yourself why this is not been covered in the media. Ask yourself why, if the USDA is right have they avoided the evidence and my constitutional right to present it for so long, why has the Federal Judiciary protected the Government from the Jury trial that is my constitutional right?

If you think I’m off my rocker, I say read my blog, and review the linked and referenced evidence. If you still believe i’m lying or off my rocker then read the 1000 plus pages and evidence filed in Federal Court on pacer, it’s accessible by everyone. If you still believe, I’m off my rocker, give me a grand jury, If I can’t convince them,then put me in the nut house, If not,  stand up and hold your Government and the Judiciary accountable to the constitution and the law. Put them and this country back on the right side of the path.

The path to salvation is narrow and sharp as the razors edge.

Chris Julian

@blueridgespring on twitter

instagraham blueridgesprings

blueridgesprings.wordpress.com

Dear ACLU of VA

Dear ACLU,

I have tried for sometime to get someone to take an interest in my legal challenges. I’m hoping since my case is all about Government corruption stealing the civil rights of the people, specifically the right to Due Process and the Right to equal justice under the law as well as challenging the Governments sovereign immunity for violation of the sovereigns laws and abrogating the judicial system the ACLU might have an interest in my case.

I believe I have standing, and substantial, hard and circumstantial evidence to support the allegations; The USDA is operating an organized fraudulent racketeering operation denying individuals constitutional rights while usurping the judicial system to hide incompetent administration of the people’s resources and to manage legal risk expenses. I believe I can show how this is being done and provide the evidence to support the allegations, however, I believe to truly take the actions that should be taken to shut down or fix the tyranny, oppression, and financial devastation on U.S. Citizens and to expose the depth of corruption in this illegal operation will take a great deal more resources than I will be able to supply alone.

I have filed a lawsuit in Federal District Court of Virginia Western District Case# 4:2013-CV-00054JLK claiming a RICO violation.  Multiple things have occurred with my case I perceive as prejudicial by the court. Giving me pause as to the Judicial interest in protecting the government in this matter.  I currently have been waiting 45 days for the court to rule on a motion by the State Attorney General to dismiss, ‘their involvement in the case ?’ I have taken this action Pro-Se and think it beneficial to keep that status, however, I want someone, organization, or media to take an interest  in this case to ensure that justice prevails. Please feel free to review the case docket on pacer.gov or call and ask for any information.

Tens of Thousands of farmers have been ruined by this organization in the past. The organization has a decades long history of civil rights violations, The process they have developed to mitigate the legal risk from these violations, in my opinion is a fraudulent racketeering operation designed to allow members to commit crimes hiding behind sovereign immunity to avoid responsibility or accountability for the corrupt incompetent administration of the people’s resources. They do this and smile while destroying the lives of those their supposed to serve.

Can you help?

Thanks for taking the time to read.
Chris Julian
474 Orchard View Drive
Ararat, VA 24053

Christopher.b.julian@gmail.com
980-254-1295

CBS 60 Min Please tell our story

Dear CBS 60 minutes:

Our story is not a short story. In fact, its somewhat long and has many complex details. I’m no writer, however, we believe our story should be and needs to be told. Our story is relevant to the state of the union for it’s political, governmental, judicial, constitutional, economic implications, and should be to the passage of any new farm bill. As I said, this is not a short story but one with many details somewhat complex and therefore, I will attempt to tell just the major facts and trust if our story is of interest we can provide all the details and evidence you would like.

Our story tells how Dodd Frank, SBA, FSA, and USDA culminated circumstances to devastate the life savings of a couple who worked and saved for 20 years. How there efforts to begin a small business to provide jobs and to produce products has been destroyed by government actions. How during this journey they met with significant negligence, fraud, perjury, obstruction of justice, multiple acts of what appear to be, and remain to be proven acts, of conspiracy to defraud by Federal and State agencies. How this journey lead to the discovery that the FSA has for decades been alleged to have discriminated against Blacks, Whites, Hispanics, Indians, and Women. That factually Congress has appropriated billions for settlement of these allegations over the decades. How now this organization is believed to be running a fraudulent legal risk mitigation effort under the guise of an administrative process abrogating constitutional, and civil rights of the individuals their supposed to serve while allowing government employees to commit criminal acts and avoid accountability or responsibility for negligent and incompetent mismanagement of the peoples resources and they do so hiding behind and abusing governmental and,”individual qualified,” sovereign immunity. This enterprise is usurping the judicial system and whether they do so with or without judicial  consent is in question. These findings have lead this couple to file charges in Federal district court against Federal and State employees and Agencies for racketeering under the Racketeer Influenced Corrupt Organization Act. Case is on the Docket Federal District Court of Virginia Western District Case # 4:2013-CV- 00054 JLK Julian Et al Vs. Rigney Et al.

My wife and I decided in our late forties having just had our first and only serendipitous  child to give up our corporate city jobs in banking and pursue life in a rural community. In 2007 we bought 23 acres just below the Blue Ridge Parkway and began developing it with intentions of starting a farm winery operation with rental cabins. We intended for our mothers to live with us and designed a main home with them in mind. Longer term we envisioned their quarters becoming a rental suite and beyond a space for us in our  old age.

We had mortgage financing approved in 2007 but, because of delays in development by local government officials, a multitude of local labor factors, and a slow architect, the loan commitment expired in 2008. At the time the lending environment was deteriorating and some funding options fell through, true, we were able to secure another commitment but, not on terms we found agreeable. We continued to finance our efforts out of pocket and looked to the SBA for some guidance and assistance.

Our initial meeting with the SBA left us discouraged with little guidance or assistance offered. Quite frankly we found the local SBA staff lacking in any knowledge or skills to offer which could be of assistance. This was a typical government pamphlet pushing office staffed with individuals unequipped to provide the services the agency boasted.

We gave new life to the old apple orchard on the property and in reporting crop information to the USDA discovered the FSA and their farm loan programs. We were not eligible for these farm loan programs because of a requirement for 3 years of farming experience.

Even with the banking industry in collapse, our own fortunes declining from bank stock holdings accumulated over years in the industry plus the turmoil in the stock market we weathered through the financial turmoil of 2008 and 2009 taking significant losses. We believed the economy would eventually turn and we continued funding our development efforts from our own financial resources. We believed at the time we would always be able to get an asset backed loan on our real estate or mortgage the farm to complete our development plan.

From 2009 – 2012 we farmed the land built on the main house, provided local employment and economic stimulus to a rural community. The farming suffered losses every year with the help of hail storms and ineligibility for crop insurance.  These losses we viewed as an investment in offsetting future profits. We had not started this to be in the apple orchard business but, with a plan to become producers of apple wine, hard apple cider, viniferous grape varietal wines, and a blend of the two.

April of 2012 we realized to continue our operations and complete the development we would need financing. This entire effort had taken way to long, to many years, primarily because of local government officials and local labor issues. Fact is we came to see the environment as resistant to change and operating like a racketeering operation. We first approached multiple banks, farm mortgage lenders, and other mortgage lending sources. Every institution showed little or no interest in assisting us in any way. With over half a million invested in the real estate, equipment, and construction they had no interest in lending to us to complete our construction or develop our business. Every mortgage lender told us the same thing in 2011 the implementation of Dodd Frank Reg B prevented them from lending on our assets without an income to support the loan. Stated Income Evidence.

How were we supposed to manage the crews, provide the construction labor and management to complete the construction, manage and care for the farm operations, and hold down a full time job?  We had invested our life savings in this real estate   project, 5 years of our own labor and efforts to develop this property with intention to start a small farm winery operation and now congress had enacted laws preventing us from leveraging our real estate assets to start and work for our own business.

Construction of our main residence was not to a point we could just stop. The 2012 apple crop was the first we had to survive spring hail storms and our first hope at being able to have a marketable crop that would provide the needed records to get crop insurance going forward. We continued our construction efforts and caring for the crop while we worked on a business plan and looked for ways to find financing.

In June of 2012 I happened into the local FSA office and saw the advertisements for Farm loan assistance. I contacted the regional FSA office for a beginning farmer farm loan application. When I read through the information It appeared from the requirements and the Farm Loan guide we should not have any issues with obtaining a beginning farmers; farm loan. FSA was there to assists and promote beginning farmers who could not find credit elsewhere to develop their operations and assists them in getting to commercial credit viability. Given the requirements, I knew I did not have time then to prepare the information required and I wanted to get my 2012 crop harvested and sold before completing the application.  When I went to file the papers in my filing cabinet I discovered, I had requested and received an application in 2009.

We worked diligently through the summer and fall to care for, harvest and market the crop and were putting in long days attempting to complete framing of the 5200 square foot house and get it all under roof before fall rains. We had been working for years on preparing the orchard for the planting of grapes and had it well positioned going into fall.

We continued looking for financing options and began working on a formal business plan we could present for SBA lending. We felt rather confident about our situation because of what we’d learned about the FSA loan program and having worked through many of the application requirements. On the SBA website while researching SBA lending we found that given our operation involved a farm SBA would expect us to go through FSA first and so we focused on a beginning farmer, farm ownership loan.

On October 10, 2012 I met with a representative, on his recommendation, from FSA to review our farming operations. I provided him that afternoon with an application complete with required financial information as of September 30, 2012. He told me during our discussions he would have to arrange for an appraiser to appraise the property and provide an after capital improvement valuation.

On or about October 12, 2012, I received a confirmation letter from FSA acknowledging my application.  On or about October 23, 2012, I received a letter from FSA requesting further information. I phoned FSA on October 30, 2012, regarding 2 items on the request which were in the possession of the local FSA office. (Note Evidence UN Agenda 21) I sent the requested information in time to make the November 8, 2012, deadline. On November 13, 2012, I received a letter from FSA dated November 9, 2012, however, the envelope struck us as very strange because the postmark was October 22, 2012. The document was a second notice of incomplete application and this time requested some information we thought had been provided and some information which was not requested on the first listing of missing items. I called the FSA office that day but did not get an answer. I was very upset they had not ask for this information previously and the letter indicated the application would be dropped without any appeal option unless the information was received by November 19, 2013 this gave me just four days to retrieve the financial information and get it in the mail to meet the dead line. Were they then, going to find some other information they had to have?

I sent the requested information with tracking to ensure it was in the office by the required date. On November 21, 2013, day before Thanksgiving  FSA created and mailed a confirmation letter indicating our application was complete. This struck us a odd again we knew information we should have been asked to provide had not been requested. November 28,2012 one week after sending a completion confirmation FSA prepared and sent a Declination letter denying our loan application. The agency had never obtained a credit report, never done an appraisal, and had never asked a single question about the application. The letter was negligently, prejudicially, fraudulently, prepared with numerous fraudulent statements as well as multiple misrepresentations of fact and numerous factual inaccuracies. The letter was sent to us certified mail and therefore by our estimation constituted mail fraud by an agency of the US Government.

The declination letter provided us with three options for opposing the decision.  A request for reconsideration, mediation, and administrative appeal. Given our experience with FSA up to that point we choose mediation.

December 10, 2012 we sent a request for mediation to the Virginia State University Agricultural Mediation Program. Lacking knowledge, and experience, or understanding that our loan request had just taken a turn into a legal battle we provided the mediation program with our objections to the denial and pointed out the inaccurate and fraudulent nature of the denial letter.

From December 10, 2012 until January 7, 2013 we waited on a response from the program. Having received no response we contacted the Mediation Program Director at the University. We were given assurance our request had been received and that a mediation would be scheduled soon.

On January 24, 2013 having not been contacted a single time by the University Mediation Program, We took issue with the handling of our request with FSA in Washington. We learned then that the University was no longer certified to perform mediation for the USDA .

After a flurry of communications and issues we had mediation scheduled by the North Carolina Agricultural Mediation Program. We requested FSA provide a copy of the credit report used in evaluating our loan application since we had paid a fee for them to acquire it.  On February 8, 2013, 50 days after creating the declination letter FSA pulled a current credit report and presented it to us as the credit report used in our credit assessment. FSA delayed the mediation until February 27, 2013, now 3 months after declining our application.

Mediation was, as predicted by multiple advisers a waste of time, and we requested an administrative appeal promptly after conclusion of mediation.

NAD scheduled a pre hearing on March 19, 2013 one day prior to the due date set by the division for briefs to be delivered to the hearing officer. They railroaded pertinent rulings attempted on multiple grounds to intimidate us and ultimately denied us due process in the presentation of our case. We were told an administrative appeal was not the forum for allegations of prejudice, negligence, fraud or incompetence. They insisted we could only discuss the issues they wanted maintained.

In the pre hearing and in briefs filed by FSA we were repeatedly badgered with false allegations claiming we made request regarding our loan which we had never made. We refuted these allegations from the very beginning and consistently provided documentation that showed the allegations were false.

During the hearing, scheduled by NAD for April 17, 2013 5 months after declination and one day prior to the statutory deadline an FSA employee testified under oath, he had conversations with us in which we made request regarding our loan which we had never made. More interesting is before mediation which was after receipt of the declination we had never met this individual. Furthermore, The declination letter itself provided proof that these statements were false. Frankly, this individual, a Government employee of FSA was committing perjury and obstruction of justice in a formal Government hearing. While this was the only false testimony specifically about us, it was not the only incidence by FSA of perjury and false testimony during the hearing.

While the Federal court may disagree we found the NAD Hearing findings of May 16, 2013, to be nothing short of an attempt to cover up, and avoid responsibility, and accountability, for multiple acts of negligence, fraud, and incompetence born from the negligent administration of a Government agency.   We further felt the decision had completely ignored all the supporting arguments we made and made no effort to provide any factual finding to support their decision. Additionally, the findings intentionally misrepresent the arguments made in our briefs and hearing.

We requested a Director review of the Administrative decision after preparing our argument on June 17, 2013 just within the deadline. We documented the many issues we had met with throughout the process. We provided further arguments to support our case and again found NADS decisions had completely ignored all the supporting arguments made and made no effort to provide any factual finding to support their decision. Furthermore, the Directors review stated we made arguments we had not made and were factually false! Again, the findings intentionally misrepresented the arguments made in our briefs and hearing.

September 16, 2013 after some research, as the directors review indicated we had exhausted our administrative appeal options and provided us no further appeal options, we discovered we had a right to Judicial review. Furthermore, we found judicial review could be incorporated with any other civil of criminal action and we filed suit in federal district court against FSA, USDA, NAD, and the Virginia University State Agricultural Mediation Program director for racketeering. We believe that the Fraud, Mail fraud, perjury and obstruction of justice met with, supports the required precedence for such a suit. That the Federal and State employees involved were so negligent, fraudulent, and criminal as to have been derelict in their duties to warrant the Federal courts denying pleas for protection under sovereign Immunity.

We contend the USDA is running a risk mitigation program to protect the finances of the enterprise at the expense of statutory, constitutional, and civil rights of individuals.  That factually the organization is perpetrating, administering and running a racketeering operation. A fraudulent administrative process abrogating constitutional, and civil rights while allowing government employees to commit criminal acts and avoid accountability or responsibility for negligent and incompetent mismanagement of the peoples resources and they do so hiding behind and abusing governmental and,”individual qualified,” sovereign immunity. That they intentionally usurp the the judicial system and are therefore guilty of tyranny and oppression. Furthermore, the processes they are manipulating is equivalent to torture, terrorism and psychological rape.

While we’re happy to share extensive details and evidence related to specifics in our case. We would suggest the following articles as just a few of the many to reference in support of our story.

http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs141p2_015583.pdf

http://deltafarmpress.com/white-farmers-suing-usdafsa

http://www.npr.org/templates/story/story.php?storyId=113730694

http://seattletimes.com/text/2017876971.html

http://www.marshacoleman-adebayo.com/women-whistle.html

http://www.ebony.com/black-listed/news-views/alabama-black-farmers-sue-usda-981#axzz2dehBlOEK

http://www.mcclatchydc.com/2013/04/09/188083/usda-hopes-to-settle-discrimination.html

Its time Congress abrogated these agencies off the peoples purse permanently !

Capitalism, Democracy, Justice, and Civil Rights

Capitalism, Democracy, Justice and My Civil     Rights!

Blue Ridge Springs Orchard | By, CB Julian
November 18, 2013

Why is my story important to anyone? Because, it’s about the failing of an American dream. Government’s involvement in destroying the dream, it’s potential, jobs and rural and economic development. A dream that began failing at the hands of corrupt local officials and businesses, its destruction aided by Congresses passage of Dodd-Frank, help denied from the SBA, and alleged illegal acts by government employees. When done by ordinary citizens these alleged torts have legal remidies. However, employees of the USDA and the University of Virginia State Agricultural Mediation Program have protection under sovereign immunity. In this case now in the Federal Court, we ask the court to decide if racketeering under the Racketeer Influenced Corrupt Organizations act ‘RICO’ by an agency and employees of the State of Virginia and the US Government can be absolved by Sovereign Immunity?

What makes this story relevant is the Government’s impediment to small business. The pain created by the mortgage mayhem, financial firms destruction of wealth, how Dodd-Frank has been bad for those who had done everything right and now suffer because of the recklessness of others. Three decades of corruption in the USDA and how we allege the Government is abusing power to avoid accountability or responsibility for inept, negligent, corrupt management of the people’s resources. It’s about a difficult labor market and age issues, about whether the judicial system will truly render justice or protect corruption in the bowls of government.  It questions how the Department of Justice reconciles the irony of prosecuting citizens for crimes while defending with immunity government employees for the same offenses.  How all of this is stealing life, liberty, and happiness from my family and friends.

I never wanted to tell this story. I tried unsuccessfully now for some time to find a writer to do this for me. I really don’t have the time to be doing this at all, although, I still have hope the story ends well and having written it down will help pander some business success. Furthermore, I hope it will someday provide my young daughter with a picture of her parents trials in these difficult days. I don’t think much of my writing abilities. I find it hard work, and in the end, I never find I’ve done it well and all wish I had paid more attention to grammar in school. Over the last year I’ve been relegated to do much more of it, for reasons no one wants to have. I have the last year acted as my own attorney, attending mediation, pre-hearing conferences, hearings, doing  my own legal research, writing briefs and presenting this case. Consequently, I’ve spent a great deal of time researching the law, writing briefs, and documenting facts to cross my t’s and dot my I’s. On September 16, 2013, I filed a lawsuit in the Federal District Court of Virginia, Western Division, as a Pro-Se plaintiff i.e. representing myself and my family.

This story spans most of the last decade but I would like to start with some of the most recent events. The end of last week I contacted the 4th circuit Federal court of appeals. I asked, how I might file a complaint about the court or judge?  I was quickly directed to this website
http://www.ca4.uscourts.gov/rules-and-procedures/judicial-conduct-disability. See Page 2 of Judicial Rules of Conduct.  It did not take much reading to tell the Appellate court is not interested in making complaints easy for the average citizen you should check it out. This is one of the most double speak, most difficult to comprehend set of rules I’ve ever met with. It’s as if to be intentionally stated, to be so confusing it cannot be understood. Just consider the fact stated by the site itself.  “Almost all complaints in recent years have been dismissed because they do not follow the law about such complaints.” Perhaps the court should consider whether it has anything to do with the ability of the average Joe to understand the complaint process?

I was able to glean two facts from the site. if you had a complaint it needed to be either about inappropriate behavior by the Judge or it needed to show he lacked faculties to preform his duties. However, my complaint was neither. Best I could tell the court had not acted inappropriately and I have yet to meet the eighty-four year old judge.

My complaint is, as a Pro-Se plaintiff unfamiliar with the courts regular character, I found repeated actions by the court I felt were prejudicial. To understand this you need a little background. First the clerks office had informed us, Pro-Se plaintiffs in a civil case were not given access to file electronically nor did the Judge ever grant them representation. Second as mentioned above the defendants in this case are State and Federal employees and therefore, represented by the Virginia State Attorney Generals office, and the Virginia Division of the US Attorney generals office, an agency of the US Department of Justice.

We filed our complaint September 16th 2013 and waited to receive notice of the defendants representation, we expected them to respond to the complaint in 60 days. Did you know Government employees get almost 3 times as much time to respond to a complaint as a civilian?  On October 24th in the mail we received a Roseboro notice from the court. Basically, this notice informs us, if we fail to respond, or reply with an issue outside the complaint it will be subject to summary judgement. Very interesting! What motion we’ve not filed any, nor had we been served with any?  A quick check on pacer.gov the electronic system for case management reveals the VA State Attorney General has filed notice of appearance, motion to extend the time to respond, and motion to dismiss the case and declare the defendant has sovereign immunity and the case should be dismissed. Now the thing is they did this and the court approved the motion to extend time, as well as, sent the Roseboro notice without us ever being served with the motions.

The State Attorney General had certified to the court we had been served electronically? However, the court and the clerk should have known this was not possible since they had told us we would not likely be granted access nor had we formally requested it. In the courts defense these filings were done electronically.

This, then put us in a bind, request an extension of time to reply, thus extending the defendants time to respond, do nothing and ask it be dropped because of failure to serve even though the court had made us aware of it’s existence, or quickly try to respond appropriately, cover all the basis, and maintain the deadline to file an answer. So we choose the latter responding to the motion and delivering it on the last day the court gave us Friday, October 8th.

On Friday, October 8th the VA, US Attorney General files a motion to extend the time for Federal defendants to file an answer to January 14th, 2014, another 49 days of waiting. He properly served us and we got it in the mail Saturday as we were leaving town. I believed at the time I had 5 days to respond with an opposition. I should mention weeks earlier the assistant attorney general asked if I would object, I informed him I would. The filing reflected this fact. Well, in this case the court counts days beginning with the day after the filing and counts everyday including holidays. This meant our response had to be in the clerks hand by Wednesday Oct 13th. Monday was a holiday so how could we mail it and ensure it was received in the clerks office? Bias Note 1

I wrote the objection, mailed everyone copies on Saturday night, but, I made the post office in Charlotte, NC at around 7:25pm and the last pickup on the box was supposed to be 7:30 pm, holiday and all who knows for sure when it went out.

On Sunday Oct 17th I sent the clerks office an email and asked if they could possibly let me know if the motion was received by Wednesday and if not, I would drive to Danville to get it filed, in time for the dead line. I waited until about 1:00pm on Oct 19th for a reply from the clerks office, generally they’re quite responsive to our questions. Well, not this time, I never did get an answer. That afternoon I drove to Danville to ensure my opposition got recorded in time. Mind you I believed at this point, I’m a day ahead of the deadline. As I gave the motion to the clerk and explained they should ignore the one coming in the mail, I was handed an envelope by the clerk I had written the email to, in it was the Judges order approving the US Attorneys motion to extend time. Bias Note 2 the motion showed we had an objection, but the court approved it without giving us a single day open at the clerks office to file an objection. Bias Note 2

A review of local court rules says the Judge can approve whenever he wants to and you need to file a motion to have any orders reconsidered. Once, again it was as if the court were giving preferential treatment and ignoring any objections we might pose out right.

From our perspective the State Attorneys response’s were interesting as was the US Attorney’s filing notice of appearance after getting the motion approved and our contacting the Appellate court. As of today we are awaiting the courts, decision on the State Attorney’s motion to dismiss and our objection thereto although, we would not be surprised to see the State motion for another extension after all the Government got one until January 14th 2014. This will of course depend on the courts ruling on their motion.