Mandamus Usurped Justice Usurped Impartial Hearing Denied.

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?


Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.


Mr. President You Are an Imposter!

Mr. President You Are an Imposter!

This is not about partisan politics, Its about Life, Liberty, and Justice for All.

The Constitution of the United States of America is the supreme law of the land. No other law, rule, regulation or code including contract can supersede it, nor can authority as President nor an imposter acting as a President. Barack Hussein Obama has not preformed his duties to his oath of office under Article 2 Clause 3. Consequently, he’s calculated an obstruction of justice and so,  contempt for the law, a broken oath, a breach of contract, an act of treason. Barack Hussein Obama is an imposter, unlawful in the office, and in violation of 18 U.S.C §912 and of treason. He was asked to address these issues on April 14, 2015. You may refer to Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing! 

Numerous representatives of Congress, the Senate, the Vice President, former President Bill Clinton and Vice President Al Gore, all had a hand in a heinous act of war against Americas Farmers!  Do we really want a government that wars against the people its paid to serve?

In review of history its repeated countless times they wage this war to protect the tax payers coffers. TRUTH – This war is  waged with extraordinary operating cost because management is incompetent and has been grossly negligent. They seek only to avoid accountability and responsibility for failing to do the jobs they were paid and failed to do. They’re sweeping their incompetence under a rug at the expense of the Constitution, Tax Payers, and war by Government on the people its elected to serve. TREASON!

Below  a Letter mailed USPS express mail to the President of the United States on April 5, 2016 and below that  you’ll find a letter to my congressional representative sent March 21, 2016. I have tried numerous times over the last few years to get a Congressional hearing or Grand Jury on this matter. However, ranking members of Congress and the Senate participated in the implementation of this treason on the people. I have yet to ever hear from my Congressmen on this demand. There is no fair tribunal in America anymore. A Government corrupt in all its branches prevents  people from ever  having an unbiased fair hearing or a Government that represents its people.

For my money they should all walk the plank without pay. They should all be impeached. The devastation they’ve bestowed on others is simply pure despotic Evil!

V said Violence can be done for Good! Perhaps its time We The People should get violent!


                                                                         Blue Ridge Springs OrchardBRS_Image                                                                              

President of the United States
Barack Obama
The White House
1600 Pennsylvania Avenue NW                                                                       April 5, 2016
Washington DC 20500


Re: Racketeering by the President Legal Notice for Equitable Tolling.

Case History:

January 2007 Government began secret war against the Julians.

September 2013 4:13-cv-00054 JLK Racketeer Influenced Corrupt Organization RICO filed against USDA.

June and September 2014 14-1480 14-1925 4th Circuit court of Appeals Grants USDA RICO a wink and a nod.

February 2015 14-1051 Writ of Certiorari to Supreme Court on RICO filed.

April 14, 2015 Julian letter to President Barrack Obama requesting he perform his sworn duty Article 2 Clause 3 to take care of this Nation.

April 22, 2015 Decision of SCOTUS in US v. Kwai Fun Wong FTCA is subject to equitable tolling.

April 27, 2015 Writ of Certiorari denied. Puppets give Government wink and nod.

November 9, 2015 1:15-cv-01344 EJD Suit against U.S for Breach of Contract & Taking without Just compensation Failure of Court to Follow Law.

March 18, 2016 16-122 Writ of Mandamus Federal Circuit. Federal Judge Edward J. Damich Suspect architect of the RICO, appointed to the bench by its implementer William Jefferson Clinton declines to attest to his oath of office or intent to abide it. Was that a fair and unbiased tribunal?


Dear Mr. President,

Mr. President your actions demonstrate a lack of commitment, to the oath of office for President of these United States. An astonishing display of hypocrisy from someone claiming to be a constitutional scholar, regularly standing on the world stage proclaiming this nations commitment to the rule of law, while your cabinet wages blatant criminal and unconstitutional war on members of its society, a war the current administration seems intent to expand with total disregard and respect of the supreme law.

This is notice, in every proclaimed court of justice, Plaintiffs filings have met with criminal corruption each spawning grounds for yet further legal proceedings against those who criminally act to protect exposure of the “ENTIRE” Governments trespass on the Constitution and violations of Federal Law. A crime supported by the President, implemented with treason in Congress and Senate, aided, abetted, and protected by the Judiciary. Constitutional law and all law extending from it seems to have lost all meaning where government is the criminal. Perhaps Governments power to control the bench is just too great when man no longer respects truth and honor?

“No legacy is so rich as honesty” William Shakespeare

This is notice of Plaintiff’s intent to expect equitable tolling of the statute of limitations on the racketeering charges and all other tort claims outstanding, even in light of the judiciaries overt criminal intents to protect these heinous crimes. These cases will be prosecuted again after each and every violation of civil rights and crime committed protecting the Governments racketeering enterprise against its people has been heard by an unbiased tribunal. The Judiciary is expected to uphold the precedent set in United States v. Wong.

Only then can the extent of the RICO’s participants, guardians, and traitors be completely identified and properly addressed.

When the Federal judiciary aids and abets corruption by the people’s representatives across all branches of government. Traitors from within have seized the Nation! Lessons of more than a thousand years teach us

“ A nation cannot survive treason from within! ” Cicero 42 B.C.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

Declaration of independence Thomas Jefferson

The USDA’s Criminal Enterprise, established with the Agricultural reorganization act of 1994 is designed to deny We The People the rights demanded by the Constitution of the United States. This criminal enterprise wars against the Constitution and We The People. Acts of treason as so stated in Article III Section 3 of the Constitution. The Government has seriously breached its agency duty in pursuit of interest to its own liking. Tens of thousands of farmers, some well known like Piggford, some few have ever heard of like Paxton, all have suffered great pain and injustice at the hands of a Government turned tyrant.

Only those who perpetrated this grand con can tell us the true history of its design, although numerous historical facts provide compelling evidence it was designed to hide the truth of Governments criminal gross negligent mismanagement. A fact both political factions wished to distance their culpability from with their usual superciliousness. Yes they choose to sweep the grand mess for which they were responsible and accountable under the rug becoming prevaricators binding all those who Succeed precede them into the same criminal role. The cost of which is incomprehensible to all those who’s lives, livelihoods, life, liberty, freedom, and even property suffered all manner of despotic destruction. This criminal enterprise must be terminated at all cost!

My personal journey demands I pursue truth and justice in this matter and the honor I desire for myself requires the disinfecting light of truth. This injustice should not be maintained. As Clarence Thomas told these same transgressors “Enough is Enough”!

While my personal knowledge and study of Government transgressions of the constitution are limited to the study of this massacre.

I will submit to your recollection, whether liberty has been destroyed most often by the licentiousness of the people, or by the tyranny of rulers. I imagine, sir, you will find the balance on the side of tyranny.” Alexander Hamilton in the Federalist Papers.

The Constitution of the United States was written on thousands of years of precedent, knowledge, and forethought with the belief

Representative government and trial by jury are the heart and lungs of liberty” John Adams

However; a Government of representatives who implement a racket with specific intent to abolish the liberties and law defined by the supreme law are traitors.

The U.S Judicial system is terminally ill with a cancer of corruption, a product of incestuous gifted power from corrupted politicians and judicial passions for party, power, and privileges of their corp. The Jurist of this nation have protected themselves with a cloak of darkness, a shield of absolute immunity gifted upon themselves which lies nowhere in the constitution of these United States.

With elimination of civilian rights to a grand jury, and a judicial system, which disposes of the Jury trial, Government and the judicial system have abolished the people’s abilities to hold Government representatives and the Judiciary accountable to the law. With a Government of treasonous representatives protecting a treasonous group of jurist who reciprocate a nation of, for and by the people has become a Government of, for, and by despotic tyranny of the people in business for its own enrichment.

Condemnation without investigation is the height of ignorance.” Albert Einstein

Plaintiffs have diligently investigated for truth, and the incentives of RICO and will forever proclaim to the world; implementation and operation of this RICO enterprise established by the Agricultural Reorganization Act of 1994 was unconstitutional wars against the people and is factually and act of treason far more despicable and deserving of exile than anything Edward Snowden ever imagined. There is simply no reasonable justification for such evils continuance thereof, or the multi billion dollar cover-ups. It took a lot of traitors to pass this legislation, a lot more participating to keep hiding it. What extraordinary hypocrites delusional in their grandeur our nations government harbors. The evil men do lives after them. This evil licentiousness of elected representatives should live in infamy. I will personally do everything humanly possible to see that history tells the truth of this. Mankind is destined to continue its cruel and destructive ways when it fails to accept truth and learn from its mistakes. The Supreme law was written to avoid just such injustices on its people. Only idiots with excessive haughtiness would massacre it to protect and indulge their hubris.

Government needs a basis to exercise authority over people. Citizens must accept government authority.  A government-lacking acceptance of the people over whom it exercises authority will not endure.

When “Government becomes a lawbreaker it breeds contempt for the law; it invites every man to come a law unto himself. It invites anarchy.” United States v. Olmstead, 277 U.S. 438 (1928). Louis Brandies.

The Peoples representatives have invited a return to anarchy by treason against the constitution; history should hold these representatives responsible and accountable for murdering the constitution of the United States. No man should succumb to the authority of government bent on despotic tyranny.

Only when Government willingly atones to its transgressions and resolves to abolish such despotic acts of tyranny and oppression and is again made to abide by the rule of law can anyone’s rights to life liberty and the pursuit of happiness be protected. Only then can we again be home of the free.

“The world will not be destroyed by those that do evil but by those who watch and do nothing “ Albert Einstein.

On reflection of Albert Einstein’s statement and my letter of April 14, 2015 one can ascertain there are three kinds of people; those who do evil, those who do good, and those who are stupid. Which are you? The evil men do lives after them.

History has shown a Nation cannot survive treason within. The day when the evil becomes insufferable is fast approaching and with the dawns light a new American Revolution will be born. It’s no longer a matter of if, but when the next revolution will begin thanks to treason with in.

God help this nation for revolution to take hold. The Cancer of Corruption is so wide spread it’s likely terminal.


Christopher. B. Julian


The Julian Family

474 Orchard View Drive

Ararat, Virginia 24053


CC: Secretary of Agriculture

1400 Independence Avenue, S.W.
Mail Stop 0101 Room 200-A

Washington, DC 20250

Assistant Secretary Agriculture Admin.

1400 Independence Avenue, S.W.
Mail Stop 0103 Room 240-W

Washington, DC 20250

Dept of Agriculture White House Liaison

1400 Independence Avenue, S.W.
Mail Stop 0112 Room 507-A

Washington, DC 20250


Congressman Morgan Griffith                                                              March 21, 2016

9th District of Virginia

I have not heard from your office nor seen any indication you’re performing your 
representative duties as my congressional representative.

Congresses agency representative, Superior Judge Edward J. Damich so called the conscience of the nation choose treason over justice.

I have preformed my civic 
duty to so charge however, his jurist is the Federal District Appellate Court in the same building with him, Chief of whom is Judge Sharon Prost.

The rule of law requires; the law be written and the punishment defined before a controversy exists and so it was and is. I know you’ve read it!

So too the law of treason is written! 
Laws against its accomplice as well,18 U.S.C. 2382 Misprision of treason!

Consider it carefully as President Barrack Obama; Vice President Joe Biden, former Vice President Al Gore, Judge Edward J. Damich, and Chief of the Federal appellate court Judge Sharon Prost of the United States were all present at the undermining of the Constitution of these United States by former President William Jefferson Clinton. Present In the design and implementation of the criminal unconstitutional racketeering enterprise the President operates from executive offices!

Perception is 9 tenths of reality and, the perception is, Andrew Breitbart, Anton Scalia, and others may well have paid a heavy price for their knowledge.

Title 18 U.S.C 242 Makes it illegal to deny an individuals constitutional rights under color of authority and treason is a known criminal offense.

Title 28 U.S.C 455(a) by federal law prevents any other Judge from ruling over a charge of a criminal act by Judge Edward J. Damich.

However, The only way to make a judge answer for criminal behavior is to bring criminal charges against him. The ultimate irony here is that the only way to bring criminal charges against a bad judge is to ask another judge for permission to pursue the bad judge.

A private citizen cannot bring criminal charges anymore the judiciary has done away with the private call for a Grand Jury, and thus we have a catch 22 of due process, a veritable fortress protecting treason from within.

However, treason under Article III Section 3 of the United States of America’s Constitution States: “The Congress shall have Power to declare the punishment of Treason” 

Therefore, I demand as a represented member of We The People, the true sovereign of this nation, Congress perform its sworn duty in this matter!

A Congressional hearing of We The people is long over due!

“When” Government becomes a lawbreaker it breads contempt for the law; it invites every man to come law unto himself. It invites anarchy.” Justice Louis Brandeis States v. Olmstead, 277 U.S. 438 (1928).

The Constitution of these United States of America is the supreme law of the land. No other law, rule, regulation or code including contract can supersede it, nor can authority as a judge, or an imposter acting as a judge. Judge Edward J. Damich declined to confirm his oath and consequently, he calculated an obstruction of justice and so, a contempt of court, a broken oath, a breach of contract and an act of treason. Judge Edward J. Damich is an imposter, unlawful in the office, and in violation of 18 U.S.C §912.

This matter is now squarely according to the Constitution of the These United States the Jurisdiction of Congress! Article III Section 3.

Government cannot and will not remain unaccountable and irresponsible in its constitutional obligations to the sovereign will of the people. Those who war against the constitution war against We The People and are defined by the supreme law of the land as traitors.

This story is being well documented and when anarchy begins the media will have no choice but to report it. However, your job Morgan Griffith, as my congressional representative is to ensure congress hears these charges of treason and act on them, you need to take responsibility and accountability for your job!

Me I’m going to lay back and enjoy some summer BBQ’s and watch to ensure your doing your job. While I make it my civic duty to make America aware of the treason within! See Anatomy of a Criminal Threat Absent Malice


Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.


If America’s political dichotomy shifts from left-vs-right to populist-vs-establishment, watch out!

Read through my blog and you will find how very real this is!!

The Secular Jurist

The recent scandals surrounding the NSA surveillance operations and the DOJ crackdowns on whistle-blowers, confidential leaks, and journalistic sources, are providing common ground between the political forces usually opposed to each other – the progressive left and the libertarian right.  Both are taking sides against the federal government’s abuse of constitutional authority after revelations about its omnipotent surveillance apparatus, and intimidation tactics against anyone who would reveal its secrets, have been made public.  While the principled outrage of progressives and libertarians is not yet generally shared amongst the larger, more pragmatically-oriented population, their impromptu confluence on these issues must be of great concern for those who occupy the seats of power in America.

Revolutions don’t happen when either the political left or right gain enough strength to overthrow the current government.  When that does happen, as it did in 1930’s Germany and on countless other occasions, it is more akin…

View original post 509 more words

Did The Federal Courts Lie  Abusing  Juris My Diction Crap!

Did The Federal Courts Lie Abusing Juris My Diction Crap!

Have you seen the Matrix? In the movie humans are asleep truly living their lives in a dream world created and controlled by the MATRIX, a fantasy world created by super computers running at Quantum speed. The people sustained, in a constant state of sleep, while the computer uses them as a source of thermal energy.

The irony of this is just how much it mirrors the current state of existence for all Americans. Americans live in a country where they believe their protected by the rule of law, and the Government is protecting them, and their free to pursue life, liberty, and happiness.

The reality though is the media controls all that we know. They control what is reported on the nightly news, what stories we read and hear. They feed US all with grand illusions of truth and justice or of imminent threat and fear. However, the reality for most is like the movie, really something quite different. This is an example of a true story of criminal corruption in the highest levels of government and the Federal Courts, A story the media will not report. Why ?

The US Government has for decades now kept the bulk of society in a downward spiral of prosperity. Declining standards of living and opportunity, increasing debt loads and ever higher and higher taxation. We are the thermal fuel of the US Government Matrix suffering extortion at ever accelerating rates of taxation on lower incomes and continually declining buying power.

The Federal, State, and Local Governments are extorting from all of us through taxation. Those in power and the 1% get ever more decadent, ever more rich, while 99% of us grow ever poorer and dependent on crumbs.

An early line in the Matrix is “If your gonna give me that Juris my diction crap you can cram it” where the sun don’t shine! This piece is all about the US Federal Courts use of that Juris my diction crap and how in the Matrix the law is not really applicable. Just like Trinity right after that line, she defies the rules of gravity, time, and space. In our Matrix, its the rule of law, the Constitution, and Justice which are inexplicably inapplicable and inaccessible in the U.S. Federal Courts against Government corruption.

This whole story is a long and complex, and it’s yet to have played out. However, as I blog about the issues I’m building a record for the book. This piece covers why I say the Federal Courts have perpetrated a lie about their lack of jurisdiction to aid an abet the USDA’s criminal racketeering operations.That’s correct folks I believe the Federal District Court and the 4th Circuit Court of Appeals ignored federal law in violation of federal law to protect a criminal unconstitutional racketeering enterprise run by the USDA.

In September 2013 I filed a civil lawsuit case # 4:13-cv-00054 WDVA against the USDA and seven federal employees of USDA and one employee of the University of Virginia mediation program for racketeering under Chapter 18 1961,1962.1964.1968. I alleged the USDA is operating a criminal conspiracy designed to usurp individual constitutional rights and to protect employees from accountability and responsibility for crimes against civilians avoiding financial damages resulting from their criminal activities and torts.

In March 2014 The Federal District Court Judge Jackson L. Kiser ruled he lacked jurisdiction to hear these allegations because, I failed to invoke the Federal Tort Claims Act “FTCA” and had not requested permission from the racketeer influenced corrupt organization “USDA”, permission to sue the USDA et al  for being corrupt. Although, I had in writing from the agency all administrative requirements had been exhausted.. see Mr. President all that’s necessary for the triumph of government evil is for those in power to do nothing. 

I allege, this was a criminal act by the Federal district court and the 4th Circuit Court of Appeals, intentionally ignoring federal law, federal precedent, and the federal rules of civil procedure, as well as, a breach by these Judges of their judicial oaths of office.

It amounts to an intentional act to aid and abet a criminal enterprise operating in the highest levels of the Executive branche of Government. This operation is owned, operated, and maintained by the Secretary of Agriculture! Currently Tom Vilsack!

First Chapter 18 U.S.C. 1965(a) states “Any civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs.”

Second to quote the Department of Justice”DOJ” guide to civil RICO: Page 79

” Section 1331 of Title 28, United States Code, provides that “[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States,” and hence confers subject matter jurisdiction upon federal district courts to hear a claim arising from an alleged violation of a federal law or statute(i.e., a federal question). Therefore,federal district courts are empowered to hear civil claims arising from and alleged violation of the RICO statute, 18 U.S.C. section 1961 . See e.g., Rolls-Royce Motors, Inc. v. Charles Schmitt & Co., 657. Supp. 1040, 1055(S.D.N.Y. 1987).”

Third. The 10% of the case that proceeded unlawfully did so under 5 U.S.C. Section 701 to the plaintiffs objection as the case was not filed nor contained argument for this intent. The Court however, ignored what the law actually said and granted the USDA deference to change the word “or’ to “and”. In other words they choose to ignore the letter of the law.

Supreme Court justices have documented their believe this is unconstitutional and is the prevue of the Jury or Judge in Civil and Criminal proceedings. The very challenge our case made to the Supreme Court..

The original case filing requested that a jury decide whether the USDA followed its own regulations. A constitutional right to a jury trial. A constitutional right for the people to judge not only if the law was broken but if the law is fair and just. A prime intent of the founding fathers to maintain checks and balance on Government tyranny.

Furthermore, 5 .U.S.C 702 states the right of review under Section 701 states: “A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.” 18 U.S.C. 1961 is a relevant statute when the crimes have been committed!

The Supreme court stated in Association of Data Processing Service Organizations v. Camp 397 U.S. 150(1970) ID. at 153-54. that it interpreted the Administrative Procedure Act provision that “any person aggrieved” can seek judicial review as creating a right to appeal as a private attorney general. A civil suit brought by a private individual under Chapter 18 1961 is provided with private attorney general status.

“The Congressional Statement of Findings and Purpose underlying RICO explains that, among other things, RICO was designed to combat activities that weaken the stability of the Nation’s economic system, harm innocent investors and competing organizations, interfere with free competition, seriously burden interstate and foreign commerce, threaten the domestic security, and undermine the general welfare of the Nation and its citizens . . . . Pub. L. No. 91-452, 84 Stat., at 922, 923. Indeed, Congress created RICO to provide new and expanded criminal and civil remedies to vindicate the public’s interest in combating racketeering activity and “to free the channels of commerce” from such unlawful conduct.”

Fourth 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,”

The law clearly states that a suit under this chapter is for injury to an individuals business or property. It is not a suit for the Negligence, Fraud, and Obstruction of justice, and theft of constitutional rights that are the TORTS in this case. It is therefor a suit for the conspiracy to operate and engage  in a criminal racketeering enterprise. How then does an individual lack jurisdiction for failing to invoke the Federal TORT claims ACT?

I told the court the premise itself is unconstitutional. When a plaintiff alleges the Agency is operating a racketeer influenced corrupt organization. It’s unconstitutional to require that the plaintiff ask permission, as required by the FTCA, of the racketeer to sue the racketeer for operating a racketeer influenced corrupt organization. This is simply unfair and beyond common right or reason and therefore a violation of due process!

It’s also unconstitutional because, it results in a taking of the personal property rights to treble damages and attorneys fees granted by congress to private citizens under rico. A right provided as an incentive for private citizens to undertake pursuing this type of crime in government where prosecutorial gaps exists.The  DOJ is prohibited from undertaking action aganist a government agency. It is a conflict of interest since their required to defend them. Private attorney general is a right granted only to civilian non attorneys.

The courts have consistently held in all prior precedent that a RICO enterprise is not protected by sovereign immunity as the FTCA would imply see:  The Words of Judge Rebecca R. Pallmeyer of the 7th Circuit Court of Appeals in United States of America v. Lawrence E. Warner and George H. Ryan, Sr. (2007) p 72-75 

See United States v. Angelilli, 660 F.2d 23, 31-33 (2d Cir. 1981) “ We view the language of 1961(4) as unambiguously encompassing governmental units, … and the substance of RICO’S provisions demonstrate a clear congressional intent that RICO be interpreted to apply to the activities that corrupt public or governmental entities.”), cert . denied, 455 U.S. 910 (1982); See also G. Robert Blakely, The civil RICO Fraud Action in Context: Reflections on Bennett v. Berg, 58 Notre Dame L. Rev. 237, 298-299 (1982) (Collecting decisions). In Cianci, 378 F.3d at 78-88, where the First Circuit affirmed the RICO convictions of the mayor of Providence, Rhode Island and associates who operated affairs of an associated-in-fact enterprise consisting of themselves, the city and its agencies and entities to enrich themselves, the court stated that “[a] RICO enterprise animated by an illicit common purpose can be comprised of an association-in-fact of municipal entities and human members when the latter exploits the former to carry out that purpose. See also United States v Warner, 498 F.3d 666,694-97(7th Cir, 2007), The Seventh Circuit held that the State of Illinois was properly charged as the RICO enterprise that was the victim of corrupt office holders’ pattern of racketeering activity.

Similarly, the Supreme Court has explained, in the context of a private right granted by federal statute, “Where a private right is granted in the public interest to effectuate a legislative policy, waiver of a right so charged or colored with the public interest will not be allowed where it would thwart the legislative policy which it was designed to effectuate.” Brooklyn Savs. Bank v. O’Neil, 324 U.S. 697, 704 (1945). See also Tompkins v. United Healthcare of New England, Inc., 203 F.3d 90, 97 (1st Cir. 2000) (“[a] statutory right may not be disclaimed if the waiver could ‘do violence to the public policy underlying the legislative enactment.’”)

As a General Rule RICO is Not Preempted by Other Statutes.(i.e. FTCA) The issue whether other statutes pre-empt RICO charges has arisen in both civil and criminal RICO cases. This issue is addressed in OCRS’ Civil RICO Manual (Oct. 2007) at 272-82. Briefly, RICO was designed to augment existing civil and criminal remedies, and therefore, RICO, as a general rule is not pre-empted by other, even more specific statutes. See at 273-74, 276 and notes 289 and 291.

I allege that Federal District Judge Jackson L. Kiser of the Federal District Court of VA Danville knowingly violated Federal Law 42 U.S.C. 1983 “ with his ruling and opinion in this case on March 24th 2014. 

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”

I further Allege Judge Clyde H. Hamilton, Robert B. King, and Barbra M. Keenan of the fourth circuit court of appeals in their supporting opinion of Judge Kisers ruling have intentionally also violated Federal Law 42 U.S.C. 1983 ” and have done so intentionally adding and abetting  a criminal racketeering operation owned and operated by the U.S. Government for the tyranny and oppression of the people for the sole purpose of preserving the enterprises criminal activities.

The operation of a criminal enterprise specifically designed for the Obstruction of Constitutional rights which violates multiple federal statutes is an act of treason on the Constitution and in this instant case Americas farmers. These judges have supported a war on the constitution and are also guilty of treason not just misprision of treason U.S.C 2382.

I Find nothing more hypocritical, despotic, or insideous than a Judge protecting criminals in Government interfering with free competition, seriously burdening interstate and foreign commerce, threatening the domestic security, and undermining the general welfare of the Nation and its citizens! But, Most of all is the blatant undermining of the the Constitution of the United States and the Judiciary’s obligation to protect the people from tyranny by enforcing the Governments laws on the Government that enacts them.

In Supreme Court petition 14-1051 question one was

  1. Is a Racketeer Influenced Corrupt Organization (RICO) enterprise operating in and by a Federal Agency protected from civil suit for violation of the RICO act Chapter 18 §1964(c) for violations of  1961 and §1962 (a-d) by sovereign immunity or provisions of the Federal Tort Claims FTCA?

The Supreme court denied petition 14-1051 which presented a federal question to the court it has never addressed. Furthermore, I believe the court knew the plaintiffs constitutional rights had been violated, but, denied the petition to protect the Governments continued criminal enterprise. An enterprise that has operated with federal courts support of deference for decades now. You can see more on the courts recent opinions on deference in this blogs post  How do you justify calling the Supreme Court Justices Traitors of “We The People” So much for JUSTICE! 

Justice Louis Brandeis offered this view ‘”Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928).”

“Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

-Declaration of Independence, 1776

The U.S. Government is breaking it’s own laws aided and abetted by corruption in the Federal Courts! They have in effect supported a U.S. Government operation for the despotic  tyranny and oppression of the American Farmer.

I stand by calling the Supreme Court Justices Traitors to “We The People” !

Chris Julian – Pro-Se

Do you know the one thing, The one thing you always know?

I’ve been working lately assimilating factual information about presumptions, assumptions and lies. There’s been no shortage of these inspirations for blogging provided by the Federal District Court experience; in my lawsuit against RICO USDA for racketeering. Continuing efforts to sue the USDA for racketeering in Federal District Court has provided far more inspiration from presumptions, assumptions, deceit, deception and outright lies and obstruction than I would’ve ever have imagined in a court of law. Reading through the Courts latest Opinions inspired me to preempt my many blog additions under draft with this editorial.

Once many years ago my brother asks me a silly question. While I’m not clear on its relevance here it comes to mind. He said: Is it presumable to assume that assume assimilates presume or does presume assimilate the assumption or is it all just presumptive?


How naively I’ve walked through life, brain washed by television, believing court was about facts, truth, honor and justice. Believing court offered an opportunity to address grievances with facts, present your evidence, expose the truth with honor and have justice prevail with those who broke the law being held accountable. It never dawned on me that a Federal District Court would allow for the scales of justice to be shifted by the injustice of presumption without evidence, assumptions, deceit, deception, and miss representation along with out right lies rather than the presentation of factual evidence and the truth. After all Judges sit on the bench and ask witnesses to swear to tell the truth the whole truth and nothing but the truth. Right? Judges I believe and expect to have, hold and honor the highest in moral and ethical standards, Judges are expected to base their decisions on facts not fiction, on truth and not lies, on the presentation of evidence to support reasonable grounds for a presumption rather than purely on assumption.  On sound solid logic, not assumptive and fallacious interpretations.   Judges are expected to demonstrate the utmost diligence in the finding of facts to conclude the truth and adherence to the law in enforcing justice. Judges are expected to remain neutral.


Perhaps Courts might be far more bastions of truth and justice if we opened the door and exposed them to the public light, exposing judges actions to public scrutiny, requiring all court hearings be recorded and taped. After all, are Judges not civil servants who should be held responsible, and accountable to the people, and the society they serve? Would not the presence of cameras and recorders simply incent them to greater accountablity for truth, justice, and equal justice for all? Would it also not protect them from the human condition to succumb to their own egos biases and even corruption?

Assimilate Truth

Like all of those individuals named in my lawsuit against the USDA for racketeering, as well as the U.S. Attorney, the Virginia State Attorney, the Judge, his court and the Virginia State University employees involved, all are civil servants. All accountable to the people, all subject to public scrutiny while they rely on public funding to provide them jobs in civil service. I find it a civic duty to expose them one and all, to hold them one an all publicly accountable and responsible for their every misrepresentation, every lie, every deceitful and deceptive action they take in their public service. I have no tolerance for liars, no tolerance for injustice served on the people by servants who take sustenance from the public trust and use it against the public they are paid to serve. I will relinquish no restraint in publicly naming these individuals now or in the future or in exposing anything I find unethical or any transgression of service. I intend to combine the contents of my blog and the entire story with full discloser of all relevant facts from every source I have in a future publication. Any individual holding a job through Local, State, or Federal employment should expect to have their name disclosed along with a factual representation of their deeds and my personal opinions and observations of how a preponderance of the factual evidence might be interpreted.

I’ve worked with executives of major financial institutions, migrant workers who’ve spent their whole lives in the field, I’ve worked with Fishermen, Carpenters, Electricians, Accountants, Programmers, Doctors, Nurses, and migrant workers. I’ve personally known and worked with very wealthy people and very poor individuals and I’ve encountered good and bad people from all walks of life.

The best mentor, I ever had a veteran service man taught me to take pride in my work, to be the best I could be, to do the best job I could do and to be honest no matter what others did and I would always be able to have respect and honor for myself. He also taught me a saying I truly believe to be an esoteric truth, all men should learn to heed. He said: “There’s one thing you always know and that is you never know”. People who grew up wealthy can’t know the challenges of truly being poor, poor people can’t know the challenges of being rich. No one can ever know what its like to stand in your shoes or ever have more than a glimpse of the history which makes you, who you are. So before making assumptions, before you get to presumptive, before you pass judgment you should always ask yourself that question, what is it that I may not know, what is it I might need to know because, everyone should remember they can’t ever really know unless they’re blind in which case they never see the light to know what they only thought they knew. I call them egidiots, egos so large it gets in the way of their intellect making them do idiotic (stupid) things.

The Truth can be told. Lies once written never erased. Facts can allude to the truth or lead to assumptions not grounded in truth, only, by disclosure of all the facts does one learn the truth. We all know the old saying when you assume you make and ASS out of You and ME. But, neither facts nor the truth go away,simply,because they are ignored.

So before you make judgments about people or situations best to have as many facts as you can and ask yourself that question; what is it, I may not know, because you never know too much, you never know everything, and you should know you never know. Don’t be an ASS. Don’t be and Egidiot. You just might not know everything.

You know

Everyone is free to believe what

Everyone is free to believe what he or she tells himself or herself to believe. But facts don’t lie. So be sure before you lie to yourself you know the facts.

Federal Court is not what you would expect. Lets take a look at a few prime examples provided by the U.S. Attorney Generals Office of Western Virginia represented by Kartic Padmanabhan in Federal District Court of Virginia Danville Division. Mr Padmanabhan recently represented the USDA defendants in a Racketeer Influenced Corrupt Organization RICO lawsuit. Mr. Padmanabhan made a number of statements, which were very interesting to a Pro-Se victim first time ever in a court room.

Is a lie a lie if you don’t know it’s a lie? Is it a lie if you claim you did not know you were lying? Ask a Federal Court Judge but find one that’s not a liar. Don’t ask an attorney they have to be liars they never know which side of a case they’ll be representing.

Mr Padmanabhan has a job with an interesting parody to it. On the one hand the DOJ prosecutes civilian criminals and occasionally government employees when they come under scrutiny of congress or the senate. However, on the other side of the coin the DOJ defends civil servants and Government Agencies who commit crimes against the people.

Interesting parody prosecutes criminal civilians and defends civil servants for the same crimes.

So here are a few questions to consider? Is it a crime for an attorney from the DOJ to lie to a federal court judge in a hearing? Is it a lie if you really don’t know your lying? How about, is it a lie if you sure as hell; should have known the truth about a material fact in a case?

Interesting because I’m not sure whether Mr. Padmanabhan was just out right lying to a Federal Court judge, or he simply had done a criminal job of reviewing the case! Maybe he had a bad memory or perhaps that’s just the way the DOJ operates in protecting bad government actors. Here are a few examples of Mr. Padmanabhan’s performance.

Example 1.

Mr. Padmanabhan made the following statements to the judge you may review the court transcripts here. See first one is on page 7 top of last paragraph. The second is on Page 10 center paragraph.

Judicial Review

More Judicial Review

But lets take a look at what the complaint actually said about judicial review. This is taken directly from the complaint you can view it here see pleading with cover sheer this excerpt is on page 15.  Just how could it be stated it any more clearly? But the Government did me a favor assuming that was the intention.

Complaint Judicial Review

Example 2.

Mr. Padmanabhan tells the Judge Plaintiffs argue the house is not on the farm property. And the Judge explains that’s a problem with the plaintiffs argument. Excerpt from the court transcript page 8 last paragraph.  see it here in Court Trans script Motion Hearing.

House is not on the Farm

House not on farm the court

Court 2 not on the farm

Apparently after more than 7 months since filing the complaint, Mr. Padmanabhan did not read the complaint documents exhibits or listen to the hearing tapes. The Judge apparently did not read or listen to them either. Why else would they be wrong about a material fact of the case? Yes this is a material argument falsely represented by the NAD Director Roger Klurfield.

Take a look at this issue in the complaint filing page 15 item 21. See it Here in Pleading as filed with Coversheet. House is on the FArm

That the house is actually on the farm is documented no less than ten times in the complete filing with exhibits.

Perhaps they got it wrong  because, the USDA NAD director attempted to justify a major portion of his position with this lie or perhaps this is the lie the NAD director etc. wanted the public to see. After all, only his summary of events goes on the public record.

Example 3. I love this one most of all. “ They acted clearly within the scope of their employment” See it here in the court transcript page 6 center paragraph.

Acted within the scope of their jobs

They’re accused of multiple acts of negligence, fraud, perjury, and illegally accessing a credit report, providing inaccurate FOIA responses, discrimination, and violating the plaintiffs constitutional rights, orchestrating a conspiracy effort to cover it all up. and running a Racketeer Influenced Corrupt Organization.  But “they acted clearly within the scope of their employment.”

The complaint details the date time and major events in order of occurrence. FRCP 9(f) States: “TIME AND PLACE An allegation of time or place is material when testing the sufficiency of a pleading” The pleading provided solid evidence of Fraud, Mail Fraud, and Perjury- Obstruction of justice with exhibits supporting the allegations. It detailed a multitude of other despicable acts involved in protecting the enterprise and the chronology is a pattern all in itself. It provided detail on the Predicate acts for a RICO filing and alleges a conspiracy to do so. It meets every requirement of a RICO filing although, it is not described as such because the Courts instructions were not to make legal arguments, cite cases or statues. As a Pro-Se I don’t know how you meet the filing requirements of a RICO without making legal arguments and citing appropriate statues? Can you?

Example 4.

The compliant has a one line throw away alleging a Racketeer Influenced Corrupt Organization and no other allegations. See that here in the court transcripts. Page 10 near the bottom.

No mention of RICO

No allegation other than Negligence, Fraud, Mail Fraud ,Perjury, Obstruction of Justice, discrimination, denial of service, FCRA violation and FOIA violations. A conspiracy and a scheme to still constitutional rights. Look again at the paragraph that states USDA is operating a RICO and keep in mind a RICO is defined by the prerequisite of certain crimes like. Mail Fraud and obstruction of justice. That a sequence of events and recurring criminal acts make a pattern and a conspiracy is conduct. And as a matter of FACT this suit was filed on the docket as a RICO charge day one.

Pr 24 RICO no other Allegations

This is what the supreme court said was required to state a claim.

State A claim

Everyone is free to believe what he or she tells himself or herself to believe. But facts don’t lie. So be sure before you fool yourself you know the facts. Because this court and this Attorney do not show any evidence of grasping them.