Oligarchy, Revolution, Judicial Reform Imagine Illuminating the World

Oligarchy, Revolution, Judicial Reform Imagine Illuminating the World

 

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

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

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

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

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

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

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

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

Dr. Richard Cordero Judicial Discipline Reform Advocate.

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

New Graph Design

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

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

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

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

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

Julian Assange

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

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

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

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

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

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

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

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

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

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

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

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

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

Justice Louis D. Brandeis – The Peoples Lawyer

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

Let anarchy begin.

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

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

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

May 1788 in Federalist No. 78 Alexander Hamilton wrote :

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

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

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

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

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

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

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

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

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

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

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

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

See history on the Court of Federal Claims website.

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

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

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

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

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

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

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

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

DSRGJ4EU8AA0H_C (1)

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

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

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

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

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

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

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

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

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

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

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

While a left leaning liberal, I Cannot Support Hillary 

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

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

You won’t respect? Earn it!

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

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

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

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

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

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

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

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

(Irony)

(linked documentation)

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

 

The Nations Conscience Has Taken Leave of Court !

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

U.S Government Breaches Contract With We The People

U.S Government Breaches Contract With We The People

Recently, I mailed a lawsuit against the United States to the Court of federal claims for breach of contract and taking without just compensation. That suit should arrive at the court today. I filed this suit as a pro-se however; This stands as an open offer to any legal firm that wishes to handle the case on a percentage basis. The entire complaint can be read at this link:Breach of Contract as Mailed

For those few who have followed my story and those who are aware of the significance, the complaint is 39 pages long and this post serves as an attempt to provide a brief overview.

While this suit is filed on my behalf, its also on behalf of We The People. Government agencies should not be protected from suit for the operation of a criminal enterprise designed to steal We The Peoples constitutional right to due process in violation of the government and its officers sworn duty to operate legally. The rule of law requires that no one be above the law, not even the king, that the law has been defined before a controversy exists, and that the rights of minorities are protected.

The U.S. Constitution is a law. It proclaims itself as such, in Article V. clause II. “The Supremacy Clause as “the Supreme Law of the Land” The Supreme Law of the Land states only one law twice called due process. Due process dates back to the Magna Carta and the thirteenth century promise of Great Britain’s King John that he would act only in accordance with law and all would receive the ordinary processes of law.

Racketeering is a federal crime as defined by Title 18 Chapter 96 §§1961 – 1968. For a government agency to operate a racketeering enterprise as defined by this federal law is in violation of its constitutional obligation to due process.

Title 18 Chapter 96 in essence provides that “Any” individual whose business or property was harmed by a pattern of racketeering activity by “Any” individual participating in “Any” enterprise in a manner forbidden by §1962 is entitled to bring a civil cause of action in “Any” appropriate United States district court in “Any” district court of the United States for “Any” district in which such person resides, is found, has an agent, or transacts his affairs.” And such an individual is entitled to the recovery of treble damages, costs, attorney’s fees and bringing to bear the pressure of “private attorneys general” on the defendants.

In regards to this Federal Law the United States Supreme Court and US appellate courts have held the following as precedent: 1. A Racketeer Influenced Corrupt Organization (RICO) enterprise animated by an illicit common purpose can be composed of an association-in-fact of government entities and human members when the latter exploits the former to carry out that purpose. 2. The language of §1961(4) unambiguously encompasses governmental units. 3. The substance of RICO’S provisions demonstrates a clear congressional intent that RICO be interpreted to apply to the activities that corrupt public or governmental entities. 4. Congress intended as inducements to achieve the objectives in both the Clayton and Rico acts the provision for the recovery of treble damages, costs, and attorney’s fees and bringing to bear the pressure of “private attorneys general” 5. The object of civil RICO is thus not merely to compensate victims but to turn them into prosecutors, “private attorneys general,” dedicated to eliminating racketeering and a further purpose of encouraging potential private plaintiffs diligently to investigate.

A Congressional committee, the Mayor of Road Island, and the State of Illinois have all been found guilty under RICO of participating in or of being the enterprise through which a RICO enterprise operated. Why would the USDA, NAD, FSA, and affiliated State Mediation programs be protected by immunity when these public entities were not?

When the Federal district Court of Virginia Judge Jackson L. Kiser dismissed my RICO allegations against these entities and, the 4th Circuit court of appeals upheld, it did so under the rubric of sovereign immunity and  FTCA. However 28 U.S.C. §2680(a) Specifies a prohibition against using the FTCA to challenge the validity of a statute or regulation. This ruling effectively granted the USDA an opportunity to settle out of court these charges for a sum certain. However, while the law is not a contract, every law is an offer to those aggrieved, to redress the civil wrong, and a notice to the people, certain actions have consequences.

A contract, in the modern sense of the word, has been defined as an agreement containing a promise enforceable in law. The term “agreement” implies that there are at least two parties involved, since one party cannot agree to a proposition unless another party makes it to him. The term further implies that one party proposed a promise or offer to which the other party agreed or accepted. Thus, an agreement is the result of an offer by one party and an acceptance by the other party, which creates a binding contract.

Title 18 Chapter 96 §§1961-1968 establishes the terms of an offer. Section 1964(c) extends this offer to any private citizen granting them a private cause of action with very specific monetary rewards. The Federal District Court of Virginia converted the terms of the offer after its acceptance and reliance on Supreme Court rulings and prior precedent.

The Federal Rules of Civil Procedure (FRCP) has specific terms for the acceptance of an offer made under Federal Law. FRCP 8(a) Claim for Relief. A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

“Allegations of the existence of a RICO enterprise must meet only the ‘notice pleading’ requirements of ” Rule 8(a) see https://blueridgesprings.wordpress.com/2015/06/14/dumb-and-dumber-judges-dont-know-english/ for specifics on these quotes by the Governments expert G. Robert Blakey ” RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”.

The Federal Court ruled it lacked jurisdiction because the King is immune from suit unless he gives his permission. However, the King cannot knowingly violate federal law, nor can he war against the will of the people as expressed by congressional legislation and legal precedent. To operate within the law, the King must abide by the supreme law.

The Tucker Act of 1887 waives sovereign immunity regarding express or implied contracts with the United States. The posting of an offer explicitly stated with terms in Federal Law and the acceptance of that offer providing monetary relief defined by the Federal Rules of Civil Procedure creates a binding contract from a statute specifying monetary compensation.

Conversion is the unlawful and inequitable alteration of a contract term once an offer has been accepted. Conversion is any unauthorized act that deprives an owner of personal property without his or her consent. I went all the way to the Supreme Court  with my dissent of this unlawful conversion.

There is no language in this federal law, or prior precedent of the Supreme Court to suggest  this law would not apply to government agencies and their employees. Keep in mind, the operation of a RICO enterprise is a federal crime and in violation of the Supreme Law the constitution, the peoples power over Government. Furthermore, the requirements of evoking the Federal Tort Claims Act converts the terms of the agreement not only by eliminating the express congressional intent for treble damages, cost, and attorney fees as inducement but, also by providing these criminals an opportunity to continue their illegal operation.

The Supreme Court has reiterated countless times, the RICO statute is to be interpreted broadly, liberally, and has no stated boundaries. The Governments expert, G. Robert Blakey  a contributing author of the statute argued on the governments behalf “ RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”. How then does the Federal Court justify granting this government entity sovereign immunity protection from its contractual obligation to operate legally, within the law, and in violation of the Fifth Amendment take the personal property legally conveyed by an offer explicitly stated in federal law and officially accepted in accordance with the Federal rules of civil procedure? A valid offer, a valid acceptance, a valid contract, and a Government Breach!

Today the Court of Federal Claims should receive a complaint filling suit against the United States Government because, the U.S. Federal judiciary breached the explicit and implied offer of Federal Law between the Government and We The People.

Corruption in the U.S. Government is a terminal cancer and it’s being aided and abetted by the same cancer in the Judicial branches fueled by money and graft.

Elbridge Gerry refused to sign the U.S. Constitution objecting the judiciary would be oppressive.

He was right!

Wake up America the U.S. Government has become an entity of its own, criminally operating in its own self interest with the aid of a judicial branch refusing to hold Government accountable to the law, its constitutional obligation to keep Governments actions in check for protection of We The People. RICO’s important role in combating political corruption effectively ended when the court chose to narrow the broad definition of “enterprise” in my suit against the USDA granting them sovereign immunity protection from this law in direct conflict with its stare decisis and congressional intent.

 CBJulian – Pro Se

Update – Interesting perspective on this case. Constitution as Power of Attorney

Watch this Video and then read more of my blog. Andrew Brietbart died of a heart attack at the age of 43? Read a rw article on it:

Brietbart

Update- Case docketed Federal district court of claims Washington D.C. Case # 1:15-cv-01344 EJD

Update: 1-14-2016 Given this case should be of immense public interest i have started a google folder where the fillings can be obtained free of charge by all who wish. Link to Google Drive Folder with court filings and responses on this case. 

Assigned Superior Judge Edward J. Damich – ADR Superior Judge Eric G. Bruggink

Update- 1-8-2016 DOJ files motion to dismiss 12b1 and 12b6 and pleading judicial immunity. My questions are. How do you grant immunity to a Federal Judge who aids and abets a Federal Agency in a racketeering operation to steal constitutional rights? With an oath of office to uphold the constitution it seems more like treason. Here is a link to court documents in this case. The Key Documents Chronologically.

Update 1-24-2016 To date the Clerk has not docketed the notice of appearance filed by the attorney for the defense November 23, 2015.  Prior experience tells me based on the defense motion to dismiss under 12b & my Pro-Se status the court should have issued a Roseboro notice but did not. Two Motions filed by Plaintiffs on January, 14 2016 also have not appeared on the docket and while the Motion to proceed in forma pauperis is docketed no ruling on it has been issued. It’s beginning to look a lot like the Federal District Court of Claims intends to intentionally deny a private citizen Due Process. Perfect fit with the courts Mandate. “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.” Abraham Lincoln. 

Update -1-26-2016 There has been no change from the update above. Today I sent a letter via email to my congressional representative petitioning for a congressional hearing. I believe since the Federal Court of Claims was created under Article 1 athourity and is therefore an agent of Congress performing congressional duties they are not providing due process and therefor I’m entitled to petition congress for a hearing. Gmail – Responding to your message

Un American Express !

Un American Express !

May of 2012 I discovered the implementation of Dodd Frank had significantly changed real estate lending laws. Real estate asset based lending disappeared all together. Low doc and no doc lending disappeared completely.

At the markets peak loans were being written, many real estate professionals I knew, referred to as NINJA loans – No Income, No Job, No Asset loans. Many of these NINJA loans were occurring on excessive property valuations and lenders were eager to lend, eager to package mortgage backed securities for sell. Many were lending at 125%, of excessive valuations, on the assumption real estate prices always went up. If you could fog a mirror you could get a mortgage.

However, there is a significant difference between a NINJA loan and the existence of and the validity of No Doc and Low Doc loans of the prior 200 years. These loans in their initial applications allowed entrepreneurs, small business operators, etc., to leverage their capital to run businesses, to take risk in forming businesses, or build something for sale. Two of the most prevalent uses of asset based collateralized lending in the nations history were farming and construction.

Small farmers would work hard, scrape and save, to someday buy land of their own to farm. They passed it from one generation to the next. Once they purchased their own block of land they were able to borrow against their real estate holdings to risk farming for themselves. With no job, No income, they mortgaged the land to bet on their own hard work. How many times have you heard it said they mortgaged the farm to stay in business?

I personally have known numerous individuals that started in their youth working on a construction site, many as framers, masons, plumbers, electricians, and others, who overtime bought their own land and then mortgaged it to build their first spec house. Some of the smartest I knew built them, lived in them, started another and when it was complete they moved into it, only to start again. This process enabled them to build sweat equity and wealth increasing the return on their investment, with hard work, and investment in themselves.

Dodd Frank killed these small business opportunities and left farming to the mega corporations, and building to the mega builders. It’s eliminated the path for individuals to start and grow small business by leveraging real estate holdings. It has in fact eliminated the use of real estate equity as capital to be leveraged. Unless you’re already in a profitable business your real estate equity is capital locked up unless you sell it. That’s a lot of liquidity removed from the economy. Dodd Frank ended Mom & Pop farming and construction.

If you think about banks leveraging their holdings today at 20 to 1 and at the peak of the financial collapse many of these institutions were leveraged at more than 40 to 1 risking it all gambling on their own Ponzi scheme. Now an individual cannot leverage real estate at all. Take calculated risk to bet on their own ability, risk it on themselves, to create a successful return or build a business. An individual with real estate equity today cannot get 40% loan to value risk capital, that’s not even 1 half to 1 leverage unless their able to do it through crowd funding or a hard money lender.

In 2006 – 07 I made the biggest mistake of my life purchasing 23 acres of an old apple orchard on the side of a mountain in Patrick County Virginia with piedmont views.

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I encountered a enough corruption, crime, lies, lying and government obstruction to fill a novel between 2007 and 2011. Since it’s not the point of this post, suffice it to say the good ole boy network (criminal and otherwise) is alive and well in Patrick County and they use every means to let outsiders know, their not welcome, or wanted in “their” community.

Just one example an illegal garbage dump buried and hidden on the property sold to me. Buried in the head of a natural spring feeding into local creeks and streams. Fifteen thousand dollars just in fees to have the county landfill take the garbage. I’ll add to that, when I tried to sue the seller no one was willing to take the case because Martin F. Clark Senior was the lawyer for the seller and his son was a locale court judge. Just as Alan Black the Attorney I tried first to take the case had informed me.

Ararat Construction Begins 00046

What you need to know here is the plan was to put new life into an old apple orchard, build a primary residence were my aging mother could come to live out her final years, plant available space as a vineyard. Start an operation to make hard apple cider and viniferous wines and potentially blends. Once this had been established. Build with sweat equity some tree houses with piedmont views overlooking the vineyards and market to Motorcyclist riding the Blue Ridge parkway and touring the regional mountain roads and countryside.

The plan was to use our capital assets to buy the farm, put it back into production, build a house with our capital and leverage and start a wine making operation. Prior to publication of this post it was announced that Virginia wine sales hit an all time record and the states hard apple cider sales were up 200%. These were trends we spotted back in 2008 worked toward and got clobbered on by Dodd Frank, criminals in this community, and racketeering by the USDA. Evidence of that news linked here. 8 Things That moon over Rosslyn Eclipsed

Locals had every intention of stopping us, or delaying us, any and every way possible. A house that should have taken 2 years to complete took 3 years just to get a foundation; locals ensured then the foundation was delayed until bad weather would prevent any further progress for yet another year. When a community does not want you in their territory their obstructionism can cause serious financial and psychological damages. It was a mistake to believe local farmers and the region would like to see an increase in tourism and business. I believe the correlation between the GOP in congress and the local community is one of total devotion.

To that I say if you want to control how land is developed, you need to either buy it to control it, or have zoning laws. But acts of criminal obstructionism including extortion, mob style intimidation, and work slowdowns, perpetuated by civil servants is disturbing, criminal, and indicative of an immoral society of thugs.

Dodd Frank was implemented June of 2011, prior to that banks had been willing to work with us. Multiple financial intuitions had committed capital to our plans but one expired and others demanded timelines that were to restrictive given the obstructionism, encountered, and the desire to put as much sweat equity as possible into the efforts.

The SBA had been approached with the business plan in late 2008 or early 2009 but, informed us, if we wanted to focus on the orchard and vineyard ahead of tree houses we needed to seek financing from the Farm Service Agency before they could assist us. I called the local FSA office and requested an application.

In May of 2012 the reality of Dodd Frank implementation on our efforts became apparent. No longer could our real estate assets be used as collateral to pursue this farm winery operation, or to complete the half finished house. It was apparent having talked with countless banks, farm credit unions, hard money bankers, and every other potential lender we could think of to finance getting the house dried in and the vineyard planted we would not be extended credit on our real estate holdings.

With more than 600,000 in capital, five years of hard labor invested in this Farm Winery effort. Financial institutions leveraged to the hilt, negligently lending, and fraudulently selling mortgage backed securities prompted implementation of Dodd Frank legislation locking us out of credit markets completely.

When the SBA told us in 08 or 09 you need to be declined by FSA first, is when FSA rules you have to have 3 years farming experience, and be unable to obtain credit elsewhere to be eligible for an FSA Farm Loan had been learned. I had in 2009 requested an application from which I learned the eligibility requirements. So in June now with 4 years farming experience and unable to find credit elsewhere, I requested a new FSA Farm Loan application.

Without crop insurance and 3 years of hail, The apples all went to juice at a loss by the dump truck load. Yes the first Hail harvest.

Back Camera

Back Camera

Four years without a marketable crop to make us eligible for crop insurance the 2012 crop was looking good, sold at market, and made the operation eligible for crop insurance for 2013 finally. The plan was to sell great apples into the open market for crop insurance and use culls and special varieties and blocks for wine making.

By September of 2012 our financial capital resources were declining as we pumped money into construction of the house hoping to get it under roof before winter. The crew worked diligently harvesting the crop and working on the house. Local obstructionism had me framing the house with my farm hands and winter would not be kind to a house with no roof. Planning to work entirely on the house after completing the harvest. I made some very large purchases of construction materials on my American Express card. Materials needed to complete the framing and the roof.

By the end of September 2012 the crop was mostly harvested, I completed all the financial information as of September 30th and prepared my farm loan application and arranged with the local FSA office for a site visit on October 10th. From the moment FSA officials got out of the car I could tell this was not a friendly encounter. With all the other local corruption I had already seen, I secretly started the recorder on my Iphone at the first opportunity.

Much, not all of the criminal activity, negligence, fraud, discrimination, and perjury that ensued from submitting that application with the USDA and its decline on November 28th are documented in the thousands of pages filed with the Federal district court “of corruption”. There are also many examples on this blog.

The one Item I wish to discuss here was their failure to ever pull a credit report. It is a required procedure according to their manual, upon receiving an application for a farm loan. FSA charged an upfront fee to obtain a joint credit report. Knowing they declined the loan application without ever performing this required procedure, knowing they had declined the loan, and given debt refinancing as a reason, when there was no debt on the property. A copy of the credit report used in their loan evaluation was requested.

On February 9, 2013 I received an email from MYFICO informing me on February 8th my credit report was acquired by FSA. The only reason for them to now, pull a credit report was the express purpose of fraudulently presenting it as one reviewed for the credit application. In fact they sent it to us as if we would never know it had just been pulled.

Surely the U.S. Government understands, by conditioning eligibility for a farm loan on the inability to obtain credit elsewhere, the loan decision being made can be life or death for a small farm and therefore, failure to follow basic procedures should be a serious violation of their duty to due process.

I still contend, and want my day in court for a jury to decide whether the agency followed its own procedures or whether they’re simply running a racket to avoid accountability and responsibility for miserable, negligent, criminal performance of their duties.

Having worked on this project from 2007 to 2012 I found myself in January 2013 in immediate need of a job in a rural hudzone community and a bad employment market where I had previously been providing stimulus and jobs.

Firmly believing the agency was in error and the mistakes would be rectified we followed and adhered to the procedures they demanded. Days became months until almost a year later when our disagreement went to Federal Court. The Court would then delay for almost another year. The government figures they have all the time, money, and resources to eventually have you give up. This racket run by the USDA is aided by the Federal Courts with extraordinary abuse of deference.

The one rationale the Government has maintained for denying the loan, regardless of the fact they were negligent, and incompetent in its review is that my house is to big and more than meets my needs. Although, they changed their guidelines in the fall of 2011 and barred us from arguing the house met our needs. This is a violation of the rules of retroactivity because, the house had broken the rule implemented in 2011 back in 2008. In what world do we allow the rules to change after play has already begun?

We did the best we could to keep up with our bills while we looked for jobs and played lawyer through appeals, and federal court, Sometime In 2013 we could no longer keep up, we had applied and received food stamps and struggled to cover everything we could as we continued to look for work. By the time I found a job in January of 2014 the creditors were calling daily and demanding such large payments there was no way to make them. I did not wish to attempt settling the debt or finding an agency to negotiate some reduction. I have never asked for relief or to negotiate away what I owed. I owned this real estate out right and a mortgage or a loan against it would allow me to pay off all that was owed. Prior to FSA’s illegal access of my credit it was completely blemish free for more than 30 years. Had the financial institutions not wiped out the credit markets, or the Government preformed its duty my life’s work would not have been destroyed.

I have waited with baited breath for the big financial institutional creditor to sue me in court for payment of the unsecured debt. I repeatedly asked when they called why they would not rather exchange the unsecured debt for real estate secured debt. I never got an answer.

I believe I have a very valid counter suit for their negligence, fraud and criminal contribution to the collapse of the credit markets, the disappearance of real estate asset based lending, and the implementation of Dodd Frank. Consider the settlements financial institutions have made over the financial collapse.

Bank Of America 16.65 billion

JP Morgan Chase 13 billion

AIG 960 Million +

Wells Fargo 175 Million + 560 Million +

Here I sit with my real estate 100% owned with no available financing while other borrowers who were upside down, underwater, and had purchased more house than they could afford are having their principle reduced and getting historically low interest rates. Irony! I was debt free when the market collapsed owned my 23 acres out right, had money in the bank, had pristine credit, and was physically building my own home and a business from the ground up. And I’m the one who got locked out of the credit markets.

As luck would have it; it was not BOFA who came to court after me but American Express. I really have no reason to associate them with the financial market collapse. I will say they were not willing to work with me on reasonable payments when I got behind and living on SNAP. Nor did they give any consideration to my real estate holdings or provide any lender who would hold it as collateral. These financial institutions have now put me in a position where I can’t get a loan on my real estate even with a full time job.

I was summoned for a general district court appearance on November 18, 2014, having had the Federal Courts protecting Government criminals, I wanted any opportunity to tell this story to a jury. On that day in November, I went before judge Edwin A. Gendron Jr and, as is my constitutional right under the 7th amendment to the constitution, I demanded a jury trial. Judge Gendron’s immediate comment “ not in this court”. I had informed the court and American Express lawyers of my suit with the USDA. Which they completely ignored and made light of; they could have actually helped my case by filing to join in the suit against the USDA. They did not, and knowing these lawyers are out of Washington, I wonder if their real intent is to help the Government. Judge Gendron for reasons, which gave me, pause at the time ruled for a continuance on January 27, 2015 at 1:00 pm. Why did we need a continuance what purpose did it serve to delay this, I would simply demand my constitutional right to a jury trial again. I have some circumstantial reasons to believe that all, everything results from local government officials.

Sometime in early December I received a notice from American Expresses attorney. The notice was not unlike others I had received from my Federal Court case. It appeared to be a motion to the court for a hearing and was accompanied by an order for the judge to sign. The judge had not signed it. In federal court when a motion is filed the court clerk sends you a notice and if the judge grants the motion the court sends a signed copy from the judge to you with his order. Lawyers regularly file motions with a copy of the order they wish the judge to grant. They don’t grant every motion or sign every order submitted.

I received no notice whatsoever from the court. No notice a motion had been filed, no notice from the court that anything had happened in the case at all. No notice the judge had made any ruling or planned any hearing, other than the one already scheduled for January 27, 2015. As I had done numerous times in Federal Court, I reviewed the courts docket and found nothing beyond what I knew. I had a hearing on November 18th and a continuance was scheduled for January 27, 2015.

Given my experience with the Federal Court and the lies stated in open court by the department of justice and those penned by judge Jackson l. Kiser. I don’t believe anyone should ever accept a communication from a third party, paid liar as substitution for a court order. Hell given the corruption seen in the Federal Court, you should question and verify the validity of every court statement and action especially when challenging the judge’s source of income.

On January 27, 2015 I showed up for the court appearance. Judge Edwin A. Gendron Jr quickly informed me a hearing had been held in December in my absence, and judgment for American Express was granted. I protested stating emphatically the court had not provided any notice of the filing of a motion, nor had the court issued any notice a hearing was to be held. Judge Gendron’s reply was, I received a copy of the motion from the plaintiff’s attorney. linked here Notice from Pro Liar appear before court I’m sorry but it’s the courts duty, their constitutional obligation to provide Due Process. A prime tenant of Due process is, notice must be given. It’s simply unacceptable for the court to ignore their duty and rely on the communications of a third party paid liar. But Judge Edwin A. Gendron did! Like committing perjury see https://blueridgesprings.wordpress.com/2014/04/12/lies-lying-liar-all-in-a-days-work-at-the-usda/ there is simply no justification for a Judge to deny any individual of his constitutional right especially the right to a jury trial and the right to present evidence on his behalf.

At the very best this was nothing short of the good ole boy network circumventing the law to screw the little guy for the benefit of lawyers and corporations. At worst it was a judicial system fully aware, I would use the evidence of racketeering by the USDA as a defense, and this was a way to prevent government criminals from being forced to testify in my defense. In other words the criminal injustice system was aiding and abetting the USDA’s racketeering enterprise by protecting them from exposure in court to a jury once again!

I will admit this made me very angry and I spoke some choice although appropriate words. However, the court guard had no right to stand on my heels threatening me out the court door. Actually, he should have arrested the judge cause he just witnessed a crime a depravation of an individuals constitutional rights.

When a judge acts intentionally and knowingly to deprive a person of his constitutional rights he exercises no discretion or individual judgment; he acts no longer as a judge, but as a “minister” of his own prejudices. Pierson v. Ray [ 386 U.S. 547, 568] referencing 100 U. S. 100 U. S. 339; 2 Harper & James, The Law of Torts, 1642-1643 (1956).

“ Jurisdiction, although once obtained, may be lost, and in such case proceedings cannot be validly continued beyond the point at which jurisdiction ceases”. Federal Trade Commission v. Raladam Co. , 283 U.S. 643, 75 L.Ed. 1324 51 S.Ct 587.

Such actions by a judge are in violation of Federal Law:

“Title 42 U.S.Code §1983 “Every person who under color of an statute, ordinance, regulation, custom, or usage of any State or Territory, 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.”

February 2, 2015 while researching my appeal options, I thought to look on the courts docket. On February 2, 2015 still no indication any other court proceedings or filings had occurred in my case. The court docket still showed only the original court appearance date and the date for the continuance hearing. See the hyper link pdf to verify the courts docket.GENERAL DISTRICT COURT ONLINE by Civil Case Number CASE INFORMATION SYSTEM Do you think the docket said anything else in December, or January than it did now on February 2, 2015?

February 4, 2015 I went to the clerk’s office to file the necessary papers for an appeal. I was informed by the clerk I would have to post a $25,000.00 dollar bond to appeal although, I could file for In Forma pauperis status with the state court. I was dismayed at the absolute disarray of the clerk’s office and took these snapshots as they objected.

IMG_4475 IMG_4474

Does this look like a well run clerks office or typical of our Government resources? Perhaps they were not getting their job done? 

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Unable to borrow against my real estate holdings, unable to get a mortgage, how was I going to obtain a $25,000.00 bond, had I been able to do that I would have long paid it off. I filed for In Forma pauperis but Judge Martin F. Clark jr almost immediately denied it. Yes! Son of the Lawyer who was the attorney on the sale of the illegal dump to me. Once again the good old boy network was at work. These Judges civil servants intentionally depriving a civilian of constitutional right to a Jury trial as stated in the 7th amendment to the Constitution of the United States. Little guy gets screwed out of justice. Constitutional rights have no meaning when the judicial system refuses to honor them!

I don’t know if the judges did this for malice in connection to other criminal activities I had encountered with local government officials. Whether they did it to keep me from presenting evidence of the USDA’s racketeering enterprise in my defense, which was my goal, along with a counter suit against other financial institutions for the mortgage collapse, or weather it was simply to cover up mistakes by the clerks office. I simply find no justification for denying an individual his constitutional rights.

I can’t even begin to count now how may times my constitutional rights to Due Process, To a Civil trial by jury, to equal justice under the law have been violated by the judicial system. This behavior is appalling, oppressive, tyranny, and unconstitutional We the people must put an end to it!

Therefore, I’m proposing as a start to ending this kind of judicial disrespect for the law and the constitutional rights of individuals that every court room in the United States be continuously video taped and audio recorded and subject to civilian review upon the filing of any complaint of misconduct by a Judge. Think about it this way. Time and again we are reminded that people are capable of horrific offenses. A judge is no less likely to ignore the law than anyone else. We have videotape now on school buses, in hospitals, malls, and grocery stores, even on street corners and police are being given body cameras. Why should the judicial system be allowed freedom to commit their crimes behind closed doors protected within the confines of their own white-collar gang of professional obfuscators. Why with todays advancement in technology do court rooms still rely on transcribers. I believe its because judges can still control what those transcriptions say and show.

Its time America demand transparency, accountability, and responsibility from the U. S. Judicial system. Time We The People have civilian review boards to review complaints of judicial  and police transgression.

I’m the little guy who was debt free when the mortgage collapse started, the little guy who got clobbered by the financial institutions negligence, and fraud, clobbered by negligence and fraud in the USDA, clobbered by deprivation of my constitutional rights in Federal Court, General district court, and Virginia State Court. Truth is the U.S. Government and the U.S. Judicial system has more serious career criminals in it than we have in all the U. S. prisons combined.

Next Post I start preparing readers for the next law suit on which I expect government will respond to criminally ignoring laws.

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Now Consider This!

Now Consider This!

Working on my next bloq post I found it growing rather lengthy, I realize when they get too long people get bored and stop reading, especially mine filled with facts and prose of professional liars. The next post needs a lot of background setup to bring home the point. Buried in those details I had a point to make which I wanted to elaborate on and rather than lengthen the next post i decided to put this one out on the subject.

The Federal Court and the USDA have in court documents made countless derogatory statements about the size of the house we were building on this purposed Farm Winery operation. The size of the house in fact is the sole issue upon which the USDA has gotten the Federal Courts to grant them deference in interpretation of the law to deny our farm loan application.

I could provide numerous examples of the courts and the USDA’s attempts to exaggerate the size and utilization of the house.

Consider this on the house.

  • The original design of the house was for 2,400 square feet with a two car garage. We worked every possible angle to keep the garage on the same level as this one level house. The fewer steps into the kitchen with groceries the better when you get old.
  • This original design was a modified downsizing of our previous home. It eliminated the dinning room in favor of a larger family room added a mud room and switched which side of the house the master bedroom and bath were on. Minor other changes were made but overall the floor plan was very similar. We changed the elevation to look more like an old farm house than Charleston Low country.
  • I have had my legs broken multiple times in my life, Both of my knees are in need of repair. As a consequence of my broken legs one is longer than the other and my hips are also in bad shape. I have for years believed that I will one day no longer be able to walk. This is the reason the house was to have everything on one floor and the doors were all designed to be big enough for a wheelchair to pass.
  • In the process of building a road to the property one crew took some measurements of elevation on the purposed house site. The one site with the least disruption to trees etc.for a  house. To our dismay the ground had 12 feet of fall from the front right to the back left corner. Consequently, the house would require a substantial crawl space.
  • WE looked at every available option to minimize cost while maximizing utilization of the large crawl space. Local building requires a block wall greater than 10 feet be engineered, filled with concrete and rebar. When you consider the cost of block, having it laid, putting in rebar, waterproofing, engineering fees etc. The cost was very high even when you considered framing up sections which could be done that way.
  • We chose instead to use 10 foot tall preformed concrete walls from superior walls. The cost of adding windows and doors to these walls was almost offset by the reduction of concrete in them. Overall they offered superior quality for far less cost.
  • We informed the Architect that the house would require a basement. He asked us if we ever intended the space to be livable how we would want it laid out. Having never intended for such space pretty much left that to him. Knowing what he was doing he designed it for efficiency. Every label put on the house plans was done by the Architect.
  • Yes we knew this was going to be a very large basement. Yes we planed building it the most cost efficient we could while ensuring that longer term it had significant utilization potential. In fact we planned first to use it as an initial site for making wine. We considered finishing parts as living quarters for my aging mother. But you must realize that I spent 10 years working weekends and holiday’s and nights to complete my previous home. All a DIY projects.

Consider this on farming.

  • Prior to the Real Estate markets collapse I had bank financing in place to develop this project. Even after the market began its pucker I was able to get financing. For various reason we never used or committed any borrowed capital.
  • The land I purchased 23.75 acres i bought with my own capital. when local real estate agents criminally flipped it to me, but that’s another story.
  • I worked with and had a road built on the property to take get from the road frontage to the top of the property where the best views of the piedmont were.
  • I began farming the Apple Orchard without crop insurance and spent 10’s of thousands in revitalizing it. Along with my own unpaid time utilizing my own Funds. As the Orchard improved I bought a tractor, a bush hog, an air blast sprayer, and several other farming implements and tools and bins for harvest.
  • I spent 5 Years farming and preparing this land for the planting of a vineyard, to continue the apple production for the purpose of making hard apple cider and viniferous wines.
  • The first year a worthless crop. The second not great damaged by hail all sent to juice. The third year serious hail damage very little crop of any value. Fourth year again wiped out completely by hail. Year 5 our first really good year, high prices no hail,  as everyone else got wiped out by frost. Finally a crop sold 90% into the fresh produce market and finally production on which we would now get crop insurance eligibility.

Consider this overall.

  • Local officials did everything they possibly could to delay efforts on the road, the well, the septic, the house, There was so much of it the intention was obvious. You’re going to pay the locals 3 times what a job should cost to get these things done or you’re going to be stopped or delayed. Local officials want their share too and by the way the locals don’t have the skills to do the work anyway. This was happening and I had no way to prove anything illegal about this extortion racket. It was the impetuous for my research that led me to the RICO law which I ultimately used against the USDA in my Federal Lawsuit.
  • Local Farmers had no interest in helping us with the endeavor, Generally they could not understand what this city fella was doing in the country, and they do not like outsiders, especially not democrats or yankees. Our operation was assisted with numerous thefts, multiple acts of vandalizing farm equipment. This is a community that does not like change or outsiders. If you’re not born here you’re not welcome here.

Consider this about me.

  • This land I owned out right with my own hard earned money.
  • This Farm I put back into production providing local jobs and hope for a new potential business in rural community in desperate need of jobs and economic stimulus.
  • This house I managed just about every crew and aspect of its construction.
    • I personally dug footers with a shovel.
    • I personally put in the gravel base and drainage.
    • I personally installed the plumbing, drainage, radon emission removal,
    • I personally back filled around the underground walls with numerous tons of stone and a wheel barrow.
    • I personally did the prep-work for insulating,radiant floor heat, and  pouring the basement concrete flooring.
    • I personally ran the crew and the saw for the framing done to date on this house.
    • I personally laid the block walls on the front porch, and garage. and formed and prepared the site for pouring of all concrete, garage, patios, and basement.
    • I personally installed the well pump and the wiring.
    • I personally built and installed the power poll for the power company.
    • I personally, ran the tractor and sprayer through all 5 years of caring for the orchard crop.
      • I spent 10 thousand a year on chemicals and fertilizer for this effort.
    • I personally, worked my ass off on this place doing whatever needed doing all on my own dime.

Consider this when USDA denied me a farm loan.

  • I had put this farm 23 acres back into production and qualified for crop insurance.
  • I had personally built a house from the ground up to sheathing the roof.
  • I had put in irrigation to reach the planting of a vineyard.
  • I had prepared the land, rows, ditching, ground cover, rock removal, and was prepared for the planing of the vines.
  • I had cash in the Bank.
  • I owned everything except the tractor debt free. I only had a loan on the tractor to keep my credit active.
  • My credit was spotless after thirty years without ever so much as a late payment.
  • I started construction of the house in 2008.
  • In 2009 I talked with the SBA on this Farm winery and cabin rental business proposal and was told I would first need to be declined by the USDA.
  • I researched Farm Loan eligibility and found I was not eligible for the following reasons.
    • I was able to obtain credit.
    • I did not have 3 years of farming experience.
  • In 2011 as we marched on our merry way with this business plan the mortgage market had collapsed and in June of that year Dodd Frank was implemented. In October of 2011 USDA altered their handbook guidance on the rules regarding the use of funds to purchase a dwelling.
  • In 2012 I learned of the Implementation of Dodd Frank and Reg B. every financial institution informed me then they could no longer lend money against my assets unless I had a job. I thought I had a job. I was running the orchard, the orchard crew, the Framing Crew and personally building a house and managing the finances etc. How was I going to keep doing it and work a full time job? I was trying to build a very large product.
  • In the Fall of 2012 I submitted an application for a farm loan. I was now eligible.
    • I could not obtain credit elsewhere.
    • I had 3 years of farming experience and met all other known requirements.
  • November 2012 the USDA denied my farm loan they said for three reasons.
    • Because I intended to pay myself to work on these capital improvements, USDA said I was asking for a loan to pay living expenses.
    • Because I was asking to pay myself to work I was somehow refinancing debt I did not have.
    • The house is to big and therefore not essential to the farm.
    • The only one of these to survive a corrupt federal court is my house is to big.
    • I WILL ALWAYS CONTEND AND DEFEND THIS IS JUST LIES TO COVER UP FOR GROSS NEGLIGENT, FRAUDULENT, DISCRIMINATORY AND INCOMPETENT PERFORMANCE OF DUTIES BY USDA PERSONNEL.
    • There is certainly much more to read on the blog about that.

Consider the Mortgage Collapse.

  • Prior to the Financial Mortgage crisis credit for this project was available.
  • Prior to the collapse No Doc, Low Doc, lending was available,
  • Prior to the collapse you could mortgage the farm to farm.
  • Prior to the collapse you could use your land as collateral for construction development.
  • Prior to the collapse real estate holdings could be used as collateral for asset based lending.
  • AFTER  the collapse Dodd Frank was implemented and all these options disappeared.
    • The Mortgage Collapse was brought on by Fraud and Negligence in the mortgage market by numerous Financial Institutions.
      • Prior                                                                                       After
      • Country Wide Financial——————————-> Bank of America
      • Washington Mutual ———————————–> J.P. Morgan Chase
      • Golden West Financial ——–>Wachovia———–> Wells Fargo
      • Meryl Lynch——————————————–> Bank Of America
      • Leman Brothers—————————————-> Collapsed
      • AIG ——————————————————> AIG
    • These institutions have been fined Billions of Dollars and required to provide Billions of Dollars in Mortgage Relief to Investors and borrowers. In blue are links to articles on these settlements.

Consider the outcomes.

I  had no mortgage, owed nothing on this farm or the house. I had 5 years of sweat equity in the building of a farm operation a house and a business plan. I had my life’s work invested in this project and I got financially ruined, physiologically raped, robed and had my constitutional rights ignored as a direct result of the mortgage collapse and the implementation of Dodd Frank, the USDA denying me a Farm loan because my house was to big!  This folks, is how the U.S. Government is destroying America!

Don’t tell me, I didn’t have enough equity in my project. Don’t tell me, I was under water or upside down on my mortgage. Don’t tell me I wasn’t working hard enough to succeed. Don’t tell me my business plan or model was flawed. Whats flawed is the Governments full of corruption and criminals interested in killing the American Dream. While they enrich the 1% on the backs of all of us working slaves.

Underwater homeowners and those upside down have been given principal reduction. Refinanced into the lowest mortgage rates of the century.

While I got fucked by these financial criminals, corrupt public officials, corrupt General District Courts, a corrupt Federal government, a USDA racketeering enterprise, and a Federal judicial System protecting government criminals.

I had 470,000 in this property in direct cost not including my time, and effort, or any of the farming cost, or any of the cost, of prepping the land for planting, or putting the apple orchard back into production.

NOW consider this!

I’ve pursued justice from the USDA for 3 Years all the way to the Supreme Court and I’ve never gotten a fair hearing.

All because they refuse to admit they made a mistake not granting a $300,000 farm loan entirely for capital improvements against my 470,000 + investment because my house was too big.

Good Fuckin luck on the American Dream given the Governments desire to stop you!

Next post details and evidence of another Federal Crime by a judge in the illustrious judicial system of America.

Anatomy of a Criminal Threat Absent Malice

Anatomy of a Criminal Threat Absent Malice

In this post I used the following references, and as such, I’m relying on their content, This should stand as a good faith effort to ensure this post is within the Law. That is, its legally done. These linked articles are listed in order of relevance and reliance 1.9 Tips To help You UnderStand Criminal Threat Laws by Aizman Law Firm .2. Criminal Threats  by Nolo 3. “What are Criminal Threats and The Defences to This Charge” by Greg Hill Associates.

Why would I want to threaten anyone. Well its like this, I’ve been attempting to get justice from the U.S. Government specifically the USDA for almost three years now. I was locked out of the Mortgage market in 2011 as a result of the negligence and fraud of our To Big to Fail institutions, whose criminal activities gave us Dodd Frank legislation. I was told by the SBA I would need to work with the USDA because my business model involved farming. I was forced into homelessness because of criminal negligence, fraud, and discrimination by the FSA a division of USDA. The DOJ, I believe as counsel for USDA began an immediate program of cover up and denial. The NAD also a division of the USDA violated my constitutional rights and the law to protect the USDA from the criminal allegations. I took my case to Federal Court where Superior Federal District Judge Jackson L. Kiser also covered for the USDA with lies, deceit , deception and outright criminal denial of my constitutional rights. The Fourth circuit court of appeals simply passed on these acts without comment and the U. S. Supreme court denied certiorari. Please refer to the earlier blog post for details on these and other allegations I would like presented to a jury. Update March 27 and now once again criminally blocked in the courts by the Just Us System! Case # 1:15-cv-01344EJD the court of No Conscience!

I have from the beginning sought help with these crimes against my family from all of the major media outlets, the  ACLU, FBI,CIA, HomeLand Security, my congressman, my senator, the Inspector Generals office other congressmen and senators and even written the President of the United States multiple times. The White house has not responded now after 5 months to my most recent communication. Read the letter on the blog also posted on Whitehouse.gov.

Not one Agency, Not one Media outlet, has attempted to discuss the facts of these allegations with me or anyone in my family. Just like FSA personnel never asked a single question or even pulled a credit report before denying the loan application on a farm I already owned and had put 5 years of work into. Just like the “USDA”Office of inspector General which conducted and closed an investigation of Fraud, Negligence, and discrimination without ever asking me or my family a single question. There’s  always two sides to every story!!

I have have been raped by the U.S. Government, robbed by the USDA and the Federal Judiciary the evidence of these facts can be found in the court filings on the dockets for the Federal District Court of Virginia Western District Danville, the fourth circuit court of appeals, and the Supreme court filings. Additionally, I have written and provided evidence of many, but, by no means all of them on this blog.

The USDA, The Federal Courts, and the District courts have committed  numerous Federal  criminal offenses against me and to date. I have been denied my constitutional rights repeatedly.

  • To a fair hearing before an impartial tribunal
  • To Due Process
  • To Equal Justice Under the law
  • To a Trial By Jury as is my constitutional right.

My family and I are suffering daily under these criminal and unconstitutional actions of the U.S. Government and the U.S. Federal Judiciary. I’ve seen the degree to which they’re willing to ignore my constitutional rights and willing to commit criminal acts to do so. I intend to face the Government in Federal Court numerous times in the months, weeks, and years ahead. So I make this threat although, not a criminal one, Ironically for the express purpose of attempting to prevent more crimes against me and my family.

Does this post rise to the level of a criminal threat? Well it’s  certainly done in writing and by electronic means. However, It will not be directed at any specific individual, and it will be seriously questionable whether it can be taken as a believable threat. Read on for defense of this argument.

I respectfully request if you’re going to read more of this post you be fair and commit to reading one other Dumb and Dumber Judges Don’t Know English

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