Federal Court

Petition for Rehearing Denied
by

Petition for Rehearing Denied

The Petition below to the Federal Circuit Court of Appeals was Denied by Chief Justice Sharon Prost, and two new kids Judge Chen and Judge Stoll. See the Court order 13-petition-denied Note: denial of this petition affects the precise outcome predicted long before the complaint was ever filed see the blog post Any doesn’t Mean Any Anymore

Below is the petition as submitted and denied. Note: The Court has dismissed this case for failure to state a claim. No request, in this case, was ever made to Amend the Complaint. Plaintiffs do not believe the complaint is deficient but, rather the court simply wishes to impose the Government’s will with false statements and reliance on assumption rather than fact.

The Federal Courts participate in these proceedings as if they were Counsel for the Defense of the U.S. Government. There is literally no appearance of impartiality by the Federal Judiciary.

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1 The Panels decision conflicts with decisions of the United States Supreme Court in:

United States v. Navajo Nation, 556 U.S. 287, 290 (2009);

United States v. Mitchell, 445 U.S. 535, 538, 100 S.Ct. 1349,63 L.Ed.2d 607 (1980);

United States v. Testan, 424 U.S. 392, 400, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976);

Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 607,372 F.2d 1002, 1009 (1967));

Compagnie General Transatlantique v. United States, D.C., 21 F.2d 465, 466.(1927);

The Court of Appeals for the Federal District Opinion relies on:

Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014); Hufford v. United States, 87 Fed. Cl. 696, 702 (2009);

Plaintiffs find no indication, other than the Court’s reliance and citation; these cases are binding precedent in the Federal Court of Claims or in the Federal Court of Appeals for the Federal Circuit. To the extent, they are Plaintiffs seek to have them overruled.

  1. 18 U.S.C. §1964(c) is a money-mandating statute conferring jurisdiction on the Court of Federal Claims under 28 U.S.C. §1491(a)(1) based on identifiable decisions of the U.S. Supreme Court.

 The Court of Appeals states at 5 ¶2 of their Opinion:

“to the extent that Plaintiffs now argue that the RICO Act is, itself, a money-mandating statute conferring jurisdiction on the Court of Federal Claims,4 we hold that it is not.[1] See Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014); Hufford v. United States, 87 Fed. Cl. 696, 702 (2009).“ [2]

This statement of the Court presents numerous issues.

First, the Court implies by this statement Plaintiffs had not previously argued RICO Act was a money-mandating statute, which is false, and evidenced by the Courts footnote 4 and the fact it is specifically stated in the Complaint at Dkt item 1. p.14 ¶42(3) (Consideration)

“This statute providing a civil cause of action identifies a source of substantive law separate from the Tucker Act creating a right to monetary damages”

It was further discussed in Plaintiff’s responsive reply brief Dkt. Item 7 (C) p. 20-23. Second, by implication, the Court appears to concede RICO is a money-mandating statute but contends its one that does not confer jurisdiction on the Court of Federal Claims.[3] The Court has then cited precedent that Plaintiffs were not afforded the opportunity to address. If it’s the Courts contention, the Federal Court of Claims does not have jurisdiction to hear a criminal RICO case plaintiffs would agree that’s true, however, if it’s the court’s contention the Federal Court of Claims does not have jurisdiction with regards to RICO’s civil cause of action as another separate source of law mandating compensation by the Federal Government when paired with the Tucker act; Plaintiffs would argue that’s not in accordance with the Court of Federal Claims mandated jurisdiction under 28 U.S.C. §1491(a)(1), or with the Supreme Courts interpretations which Plaintiffs relied on in filing the complaint. The plaintiff’s Complaint alleges Jurisdiction under the Tucker Act of 1887, codified at 28 U.S.C. §1491(a)(1), which allows the Court of Claims to entertain claims against the United States “founded either upon the Constitution, or any Act of Congress. 18 U.S.C §1964(c) is an act of Congress and a Federal statute. The Supreme Court stated: Justice Anton Scalia United States v. Navajo Nation, 556 U.S. 287, 290 (2009);

““Neither the Tucker Act nor the Indian Tucker Act creates substantive rights; they are simply jurisdictional provisions that operate to waive sovereign immunity for claims premised on other sources of law (e.g., statutes or contracts).” Quoting United States v. Testan, 424 U.S. 392, 400, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976); United States v. Mitchell, 445 U.S. 535, 538, 100 S.Ct. 1349, 63 L.Ed.2d 607 (1980) “The other source of law need not explicitly provide that the right or duty it creates is enforceable through a suit for damages, but it triggers liability only if it “`can fairly be interpreted as mandating compensation by the Federal Government.” (quoting Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 607, 372 F.2d 1002, 1009 (1967)) [4]

The court must recognize that in District court case 4:13-cv-00054 JLK; while liability usually lies with a third party defendant in a prosecution under 18 U.S.C. §1964(c), The liability in case 4:13-cv-00054 JLK and consequently this instant case lies with the U.S. Government. The U.S. Government was rightfully the defendant in the RICO civil suit filed in a Federal Court of appropriate jurisdiction. The court as agent/trustee for the U.S. Government and We The People converted the terms of the agreement to become judge, jury, and defendant, dismissing its own case without due process of law in violation of the Plaintiffs’ procedural rights. The Government in this case is liable for damages as both Defendant and as agent/trustee, which breached its fiduciary duty of care with regards to the Plaintiff’s procedural rights.[5]

Justice Blackmun United States v. Testan, 424 U.S. 392, 400, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976);

“The Tucker Act is merely jurisdictional, and grant of a right of action must be made with specificity. The respondents do not rest their claims upon a contract; neither do they seek the return of money paid by them to the Government. It follows that the asserted entitlement to money damages depends upon whether any federal statute “can fairly be interpreted as mandating compensation by the Federal Government for the damage sustained.“[6]

In this instant case, Plaintiffs have rested their claims upon a contract created with the grant of a private cause of action and although they do not seek the return of money paid by them to the Government, they have asserted entitlement to monetary damages based upon substantive rights conveyed to the plaintiffs by congressional grant with the evocation of federal statute 18 U.S.C. §1964(c) in case 4:15-cv-00054-JLK. When the Federal Government is the defendant in a RICO case the money mandate of the statute is the liability of the Federal Government and the Federal Government is additionally liable as agent/trustee when breaching its duty of care.

Judge Davis Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 607, 372 F.2d 1002, 1009 (1967));

“But it is not every claim involving or invoking the Constitution, a federal statute, or a regulation which is cognizable here. The claim must, of course, be for money.”

“In the second group, where no such payment has been made, the allegation must be that the particular provision of law relied upon grants the claimant, expressly or by implication, a right to be paid a certain sum” [7]

Plaintiffs have from the beginning maintained the particular provision of law relied upon 18 U.S.C. 1964(c) expressly granted them the right to treble damages, attorney’s fees, and court cost i.e. to be paid, a certain sum of money-mandated compensatory damages, that the promise (Offer) of these substantive rights to property was conveyed by Congresses explicit grant of a civil cause of action with 18 U.S.C §1964, a grant, which conveyed the promises (offer)[8] of those damages by the filing of a complaint under 18 U.S.C. §1964(c). That this particular provision of law relied upon conveyed the promise an express written offer to Plaintiffs who met the stated terms of qualification, adhered to terms of performance, and anticipated assuming the position of a Private Attorney General for the prosecution of a US Government operated RICO enterprise. Justice Aufustus Hand Compagnie General Transatlantique v. United States, D.C., 21 F.2d 465, 466,(1927).

 “* * *. To limit the recovery in cases `founded’ upon a law of Congress to cases where the law provides in terms for a recovery would make that provision of the Tucker Act almost entirely unavailable because it would allow recovery only in cases where laws other than the Tucker Act already created a right of recovery. `Founded’ must therefore mean reasonably involving the application of a law of Congress. * * *” [9]

 The court’s findings the RICO Act does not confer jurisdiction is correct however, the court has jurisdiction under 28 U.S.C. §1491(a)(1) which says founded upon any Act of Congress and under the Supreme Courts interpretations of that Statute, a RICO’s Civil Cause of Action filed against the U.S. Government creates a reasonable right of recovery from the Federal Government.

As Justice Scalia conveys other sources of law (e.g., statutes or contracts) triggering liability if it can fairly be interpreted as mandating compensation by the Federal Government. Justice Blackmun’s entitlement to money damages confers where “any” federal statute can fairly be interpreted as mandating compensation by the Federal Government for the damage sustained. Judge Davis, the allegation must be the particular provision of law relied upon grants the claimant, expressly or by implication, a right to be paid a certain sum. Justice Aufustus founded means reasonably involving the application of a law of Congress.

18 U.S.C. §1964(c) is a Federal statute (a law of Congress) granting to a private citizen, meeting stated requirements, the mandated promise of treble damages, attorney fees, and court cost, for accepting the Governments offer of compensation in exchange for prosecuting a criminal case in the public interest. When the Federal Government is the defendant in a criminal RICO case it’s fair to interpret the statute as expressly mandating compensation of a certain sum from the Federal Government. Furthermore, as an agent/trustee of the U.S. Government, which breached its duty of care in the prosecution of a Government Agency, the Federal Government becomes libel for the full potential benefit of a successful prosecution.

The Court’s reliance on Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014); and Hufford v. United States, 87 Fed. Cl. 696, 702 (2009).“ is Misapprehended; neither of these cases involved a breach of contract or takings claim, for a specific performance failure, where the RICO statute had been evoked in an appropriate jurisdiction. Neither of these cases looked at RICO as another source of law mandating compensation by the Federal Government on which a breach of contract or taking claim under the Tucker act was founded. Neither of these cases looked at a civil action under the RICO statute.

However, if the court’s contention 18 U.S.C. §1964(c) does not fall within the Courts jurisdiction Plaintiffs challenge such an interpretation as not in accordance with the jurisdictional mandate for 28 U.S.C. §1491(a)(1) nor in accordance with Supreme Court precedential interpretation of the jurisdiction conferred on the Court as discussed supra.

To the extent Hufford v. United States, 87 Fed. Cl. 696, 702 (2009) is a precedential opinion in the Federal Circuit which was relied on in Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014). Plaintiffs would ask to have this precedent overruled by the Federal Circuit. The Court stated its justification in Hufford v. United States, 87 Fed. Cl. 696, 702 (2009) at p.5 B. “The Court Lacks Jurisdiction Over Plaintiff’s Criminal Claims”

“This court has no jurisdiction over RICO claims because RICO is a criminal statute.” And excluded 18 U.S.C. §1964(c) by specifically referencing “18 U.S.C. §§1961- 62”

In Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014) The Court stated:

“These claims do not fall within the court’s jurisdiction as defined by the Tucker Act because none of those statutes or constitutional provisions mandate the payment of money. See Hufford v. United States, 87 Fed. Cl. 696, 702 (2009) (holding that the Court of Federal Claims lacks jurisdiction over RICO claims).”

In Hufford v. United States, the Court found it-lacked jurisdiction because RICO was a criminal statute and specified §§1961- 62, however, 18 U.S.C §1964(c) grants a “Civil” cause of action, not “Criminal” a civil case where the United States was the defendant. The contention the Court lacks jurisdiction is inconsistent with Supreme Court interpretations of the court of Federal Claims jurisdictional mandate under 28 U.S.C. §1491(a)(1) as discussed supra. If the Federal Court of Appeals has found as the Plaintiffs consistently argued 18 U.S.C. §1964(c) is a Federal Statute mandating compensatory damages for economic injuries i.e. a money-mandating statute see Dkt. Item 7 (C ) p. 20-23, and Plaintiffs maintain it is. Then it would fall within the Court’s jurisdiction and the misapprehended conclusion of Trevino v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014). The Statute that does not “mandate the payment of money” is false.

  1. 18 U.S.C. §1964(c) Grants a Private cause of action a clear indication the legislature intended to create private Contractual or vested rights.

The Court of Appeals states at 6 ¶2 of their Opinion.

“Plaintiffs’ allegations do not establish that any contract existed between Plaintiffs and the government. Plaintiffs’ Characterization of §1964(c) as a contract “offer” is false.” “[A]bsent some clear indication that the legislature intends to bind itself contractually, the presumption is that a law is not intended to create private contractual or vested rights” “Nothing in RICO Act suggests it was intended to function as a contract offer to private citizens.” [10]

The Court of Appeals states at 4 ¶5

“ Dismissal for failure to state a claim under Rule 12(b)(6) is proper only when a plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”

And at 5 ¶1.

“we must assume that all well-pled factual allegations in the complaint are true.”

However, the court has based its argument on the reliance on an assumption, the presumption the legislature did not intend to bind itself contractually. The Court has assumed Plaintiffs could prove no set of facts to support the claim 18 U.S.C. §1964(c) constitutes a valid offer and that in fact the statute is intended to convey contractual private rights. Contrary to the Court’s precedent in Hufford v. United States “RICO is a criminal statute.” 18 U.S.C. §1964 is the congressional “GRANT” for a “CIVIL” cause of action of criminal offenses, a clear indication Congress intended to convey to the private citizen the vested right to prosecute a criminal offense for compensation. [11]

Plaintiffs would ask the Court? How this statute conveys the right to prosecute and the compensatory damages to a private citizen if not by offering to do so? How does a Pro Se become a “Private Attorney General” for which public prosecutorial resources are deemed inadequate, a woefully painful, unusual, challenging, and demanding position, without an offer from Government to do so? The term applies only to the exercise of one’s ability to pursue certain specific kinds of legal actions statutorily authorized (offered). It does not create the ability to call one’s self a “private attorney general”. Consequently, the term is only applicable to a private non-attorney citizen who has accepted the statutory offer to do so.[12]

The Senate reports on the Civil Rights Attorney’s Fees award Act of 1976 S. Rep. 94-1011 p.6 (1976) The Committee acknowledged that,

“[i]f private citizens are to be able to assert their civil rights, and if those who violate the Nation’s fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court.”

The Senate obviously intended to offer citizens, the opportunity to recover what it cost them to vindicate their rights in Court. [13]

Whether it’s a Grant, cognizable as a taking or an offer as a contract [14]neither is applicable without the Plaintiff’s acceptance of the rights and promises conveyed and a Plaintiff cannot assume private attorney general status without a valid acceptance of the authorization to do so. Furthermore, the statute provides, a promise of substantial and significant benefit to the American people, the potential demise of USDA’s RICO enterprise. This Court has balanced the scales of justice with assumptions rather than facts inconsistent with the Court’s procedural rule FRCP 1. They should be construed and administered to secure the “just” determination of every action.

The Court’s reliance on Nat’l R.R. Passenger Corp. v. Atchison Topeka & Santa Fe Ry. Co., 470 U.S. 451, 465–66 (1985) (quoting Dodge v. Bd. of Ed., 302 U.S. 74, 79 (1937)). ).“ Is a Misapprehended assumption for injustice and to the extent the Court relies on the case as precedential Plaintiffs seek to have it overruled in this instance.

  1. Plaintiff’s claims are at the bottom a request the Court of Federal Claims review whether the Government violated the Plaintiffs procedural due process rights and failed faithfully to perform its agency/trustee duties effecting a breach of contract or taking of personal property.

The Court of Appeals states at 5 ¶2 of their Opinion:

“Plaintiffs’ claims are, at the bottom, requests that the Court of Federal Claims review the Western District of Virginia’s decision to dismiss Plaintiffs’ earlier action.”

This is false! Plaintiff’s claims are at the bottom a request the Court of Federal Claims review whether the Government violated the Plaintiffs procedural due process rights and failed faithfully to perform its agency/trustee duties affecting a breach of contract or taking of personal property conveyed to the Plaintiffs by an act of Congress. Rights granted with the specific intent to grant Plaintiffs status as a prosecutor of Government corruption, in a Government violating the fundamental laws of this Nation, in a prosecutorial void, where the Government’s action aided the Government in avoiding prosecution and affected the Government will to unconstitutionally write new law preserving the Governments corrupt objectives. [15] To the extent the court relies on Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994) Regarding this matter Plaintiffs would seek to have the precedent overruled in this instance.

Submitted by,

Christopher B Julian Pro-Se

[1] Emphasis added.

[2] The court states “Plaintiffs now argue” yet it’s noted in footnote 4 that plaintiffs consistently argued this point throughout the proceedings. It was in fact the DOJ who argued the RICO’s damages were not money-mandating.

[3] In all prior arguments, the defense argued the statute was not money mandating and the Court did never clarify it.

[4] Emphasis Altered.

[5] That Judge Jackson L. Kiser chose to deny the Plaintiffs procedural rights to aid the Government’s RICO enterprise is a matter between him and the Government.

[6] Emphasis altered.

[7] Emphasis Altered.

[8] To an aggrieved farmer whose business has been wiped out by government actions the prospect of being paid a reasonable attorney’s fee to prosecute the offender is a very attractive offer.

[9] Emphasis added.

[10] Emphasis added.

[11] A Pro Se would be entitled to the same Attorneys fees as a Plaintiff represented by counsel

[12] The relationship might be different if an attorney prosecuted the case for a non-attorney client in anticipation of collecting an attorney’s fees.

[13] The burden of proof in a civil case is a preponderance of the evidence.

[14] How is it appropriate for the Court to presume the legislature did not intend to bind itself contractually without allowing for the presentation of evidence to the contrary?

[15] As an Article I court, the duty of Congresses separation of powers responsibility, to hold the Federal Judiciary accountable has been conveyed to the Court of Federal Claims. The Courts Duty is to render justice against the Government in favor of citizens just as it would administer between private individuals. It just takes one bad apple corp. to spoil the whole bushel.

Up-Date 10 -8- 2016 For benefit of readers you should know that every one of the court’s prior arguments was shown to be based on the incongruent premise. The court did not and could not provide any argument for accepting as true their faulty unsupportable premises. So where this argument suggests a precedent be overruled it was not without significant prior support for doing so.  The very fact that this court supported their opinion with precedent on statutes that were different from the bases of the filing and arguments shows their specific intent was to deny justice. I.e. Criminal RICO and Civil RICO are different statutes!!

First Appellate Court of Appeals Balances Scales of Justice With Lies!
by

First Appellate Court of Appeals Balances Scales of Justice With Lies!

Below is the expressed opinion of the Federal Court of Appeals Federal District. It proclaims to be the  Opinion of Federal appellate Judges including that of Chief Justice of the Federal Circuit Court of Appeals Sharon Prost. I have critiqued this opinion with my own statements like this in red.  A linked Copy of the actual opinion can be seen with a click of the blue link > Document – 11 16-1889_Documents

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Case: 16-1889 Document: 13-2 Page: 1 Filed: 08/04/2016 (2 of 10)

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ CHRISTOPHER B. JULIAN, RENEE G. JULIAN,

Plaintiffs-Appellants

v.

UNITED STATES,

Defendant-Appellee

                ______________________

2016-1889

                ______________________

Appeal from the United States Court of Federal Claims in No. 1:15-cv-01344-EJD, Senior Judge Edward

                ______________________

Decided: August 4, 2016

                ______________________

CHRISTOPHER B. JULIAN, Ararat, VA, pro se.

RENEE G. JULIAN, Ararat, VA, pro se.

MELISSA BAKER, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, for defendant-appellee. Also represented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., ALLISON KIDD-MILLER.

J. Damich.

Case: 16-1889 Document: 13-2 Page: 2 Filed: 08/04/2016 (3 of 10)

2

JULIAN v. US

______________________

Before PROST, Chief Judge, CHEN, and STOLL, Circuit Judges.

PER CURIAM.

Plaintiffs Christopher B. Julian and Renee G. Julian filed suit in the United States Court of Federal Claims alleging that the government breached an implied contract and/or violated the Fifth Amendment’s Takings Clause when the United States District Court for the Western District of Virginia dismissed an earlier suit filed by Plaintiffs under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1964(c). In an order issued on March 10, 2016, the Court of Federal Claims dismissed the Plaintiffs’ complaint for lack of jurisdiction and failure to state a claim upon which relief could be granted. Julian v. United States, No. 15-1344C, 2016 WL 929219, at *2–3 (Fed. Cl. Mar. 10, 2016) (Order). In that same order, the court denied the Plaintiffs’ request that the assigned judge—Senior Judge Edward J. Damich—recuse himself from the case. Id. at *3. We find no error in the court’s analysis and agree that the dismissal was proper. We therefore affirm.

BACKGROUND

The plaintiffs’ claims, in this case, arise from the dismissal of an earlier case they filed in the Western District of Virginia. On September 16, 2013, the Plaintiffs filed suit against the United States Department of Agriculture (USDA), seven federal employees, and one Virginia state employee requesting judicial review of the USDA’s decision to deny the Plaintiffs a Farm Ownership Loan and alleging a variety of due process and other tort claims.  (See Foot Note 1)  Julian v. Rigney, No. 4:13-cv-00054, 2014 U.S. Dist. LEXIS 38311, at *13 (W.D. Va. Mar. 24, 2014).1. (See My Foot note)  The district court dismissed the Plaintiffs’ claims, with the exception of the request for a review of the USDA’s decision to deny the loan. Id. at *83. The district court subsequently granted the USDA’s motion for summary judgment that it acted within its authority when it denied the Plaintiffs’ loan request.2. Julian v. Rigney, No. 4:13-cv-00054, 2014 U.S. Dist. LEXIS 113190, at *18 (W.D. Va. Aug. 15, 2014). The Court of Appeals for the Fourth Circuit affirmed the district court’s decisions, Julian v. U.S. Dep’t of Agriculture, 585 F. App’x. 850, 850–51 (4th Cor. 2014), and the Supreme Court denied the Plaintiffs’ cert petition, Julian v. U.S. Dep’t of Agriculture, 135 S. Ct. 1901, 1902 (2015).

1. This is not the truth, note the court’s footnote. The suit was filed specifically for Racketeering per the civil cover sheet and alleged numerous crimes. (See actual Civil filing cover Sheet 4-13-cv-00054). People deserve and Expect the highest Courts in the land to be fact-based and accurate with those facts. This is not! And it appears to be intentionally not! 

2. The Courts move to perform Judicial review was actually challenged. The plaintiffs objected profoundly and insisted the judge lacked jurisdiction to proceed with the conversion of a civil case filing to one for judicial review. This is a coverup of corruption in the Government and the Federal Judiciary washing its dirty laundry.

Foot Note 1 – Specifically, the Plaintiffs lodged allegations of negligence, fraud, fraudulent misrepresentation, conspiracy, racketeering, and violations of the Fair Credit Reporting Act. Julian v. Rigney, No. 4:13-cv-00054, 2014 U.S. Dist. LEXIS 38311, at *13 (W.D. Va. Mar. 24, 2014). They left out multiple counts of Mail fraud, perjury, obstruction of justice,  conspiracy to deny due process, conspiracy to deny substantive due process rights regarding retroactivity, and what amounted to stealing of money. Interestingly they left out the predicate acts of the RICO filing.

The plaintiffs then filed suit in the Court of Federal Claims seeking damages of $42 million. They alleged that the United States government breached an implied contract when the Western District of Virginia dismissed their earlier case. The plaintiffs reason as follows: (1) the government offered to enter into a contract with private citizens through the codification of § 1964(c) of the RICO Act, which allows persons who suffer injuries to their business or property through a violation of the RICO Act to serve as “private attorneys general” and sue for damages in federal district court, see Agency Holding Corp. v. Malley-Duff & Assoc., Inc., 483 U.S. 143, 151 (1987); (2) Plaintiffs accepted this offer by filing their complaint in the Western District of Virginia; and (3) the government breached the implied contract when the district court dismissed Plaintiffs’ claims. In the alternative, the Plaintiffs alleged that the district court’s dismissal effectuated an unlawful “taking” of the Plaintiffs’ personal property (i.e., the implied contract) under the Fifth Amendment.3.

3. We’ll give them this as a semi-fair assessment in a limited space. 

On March 10, 2016, the Court of Federal Claims dismissed the Plaintiffs’ action. The court held that it lacked jurisdiction to review the Western District of Virginia’s dismissal of the Plaintiffs’ earlier case and that the Plaintiffs failed to state a claim for breach of contract or unlawful taking. Order, 2016 WL 929219, at *2–3. As part of the order, Judge Damich denied the Plaintiffs’ request that he recuse himself because he refused to attest to the Plaintiffs that he had taken his statutory oath to perform his duties under the Constitution. (Foot Note 2) Id. at *3. 4.

(Foot Note 2) Plaintiffs included this request in a footnote in their opposition to the government’s motion to dismiss. Judge Damich treated the request as a motion for recusal. Id. at *3.

4. This is not honest. There’s a great deal more to the request for recusal and this assessment ignores all the major issues raised with Judge Damages presiding in this case.  See  Writ of Mandamus

In response to the Court of Federal Claims’ order, the Plaintiffs filed a petition for a writ of mandamus to this court. We converted the Plaintiffs’ petition to a notice of appeal on April 19, 2016. We have jurisdiction to address the Plaintiffs’ appeal under 28 U.S.C. § 1295(a)(3).

5. The Court completely ignored the rejection of the appearance that this was inappropriate and that its inappropriateness was based on a significant appearance of perceived Biases. It is completely inconsistent with the judiciary’s stated intent to maintain an appearance of independence and integrity. See Integrity & Independence in the Federal Judiciary?

DISCUSSION

We review whether the Court of Federal Claims properly dismissed a complaint for either a lack of jurisdiction or for failure to state a claim upon which relief can be granted de novo. Boyle v. United States, 200 F.3d 1369, 1372 (Fed. Cir. 2000). Plaintiffs bear the burden of establishing jurisdiction by a preponderance of the evidence. Taylor v. United States, 303 F.3d 1357, 1359 (Fed. Cir. 2002). We “uphold[] the Court of Federal Claims’ evidentiary rulings absent an abuse of discretion.” Id.6.

6. Honestly I do not know what this means. I presume they found no abuse of discretion? It’s simply not clear to me. But in my book, it was a significant abuse of discretion as this opinion ignored the Supreme Courts’ guidance on jurisdiction sees the petition for rehearing linked below.

Dismissal for failure to state a claim under Rule 12(b)(6) is proper only when a plaintiff “can prove no set of facts in support of his claim which would entitle him to relief.” Leider v. United States, 301 F.3d 1290, 1295 (Fed. Cir. 2002) (internal quotation marks and citation omitted). “In reviewing the Court of Federal Claims’ grant of Rule 12(b)(6) motion, we must assume that all well-pled factual allegations in the complaint are true and draw all reasonable inferences in favor of the non-movant.” Adams v. United States, 391 F.3d 1212, 1218 (Fed. Cir. 2004).

The Court of Federal Claims properly found that it lacked jurisdiction over the Plaintiffs’ claims. While styled as a breach of contract and takings claims, the Plaintiffs’ claims are, at the bottom, requests that the Court of Federal Claims review the Western District of Virginia’s decision to dismiss the Plaintiffs’ earlier action. (Foot Note 3) 7. “The Court of Federal Claims does not have jurisdiction to review the decisions of district courts . . . relating to proceedings before those courts.” Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). Moreover, to the extent that Plaintiffs now argue that the RICO Act is, itself, a money-mandating statute conferring jurisdiction on the Court of Federal Claims, (Foot Note 4)  we hold that it is not. See Treviño v. United States, 557 F. App’x 995, 998 (Fed. Cir. 2014); Hufford v. United States, 87 Fed. Cl. 696, 702 (2009). 8.

7. This is not a review of the lower court’s RICO decision. It is a review of the lower court’s actions in the violation of the Plaintiff’s procedural rights breaching the Government Agency’s responsibility to provide Due Process. Effectively the Judge criminally joined in as a participant in the RICO operation to effect the Government’s criminal and unconstitutional objectives.

8. This is where the court has gone way astray. This implies “Plaintiffs Now Argue” as if it was not argued in the Complaint from the start. That would be a LIE! Not only is it the Contention of the original complaint it was argued at length in subsequent replies. Furthermore, if the statute is money mandating and Supreme Court precedent says it is. Then it is within the court’s jurisdiction according to all current Supreme Court precedents. Additionally, the court has cited two cases that did not address the civil Rico statute at all. The Court must have known if they truly reviewed the case of De Novo that this is a LIE. The case specifically identifies the Civil Statute. Additionally, The only justification for acknowledging this lie is because they know the ruling is contrary to Supreme Court Precedent. So the Court knows based on Supreme Court Precedent and interpretations of the Statute it is within the court’s jurisdiction. That is the Supreme Court has stated any statute. So it does not matter whether it’s a criminal statute if it can reasonably be construed as placing liability on the Government. They are looking to railroad this case! Or did they LIE to use the case to set a Precedent, after all, they did actually express an opinion?  We shall see! If I were a traitor I would not find comfort in the Court’s misrepresentations. They are basically lies of obscurity. See the Courts Footnote 4. below. 

Also, the Court is implying the argument is new and it was not its specifically stated in the original complaint. So does that mean that the Court failed to provide a fair hearing to start with? 

Foot Note 3  The Court of Federal Claims also dismissed claims it understood Plaintiffs to raise under the due process clauses of the Fifth and Fourteenth Amendments. Order, 2016 WL 929219, at *2. In their opening brief, the Plaintiffs make clear that none of their claims “w[ere], or [are], based on violations of the Fifth and Fourteenth Amendments.” Appellant’s Opening Br. 38. “[T]he party who brings a suit is master to decide what law he will rely upon.” The Fair v. Kohler Die & Specialty Co., 228 U.S.22, 25 (1913). Therefore, we do not address this portion of the court’s opinion.

9. Yes it says based but, it was and is specifically and intentionally identified as a causation for the Breach of Contract or a taking. Here’s the direct and complete quote from the appeal. ” Emphasis added.

“No claim was, or is, based on violations of the Fifth and Fourteenth Amendments of the United States Constitution. Although, such criminal acts contributed to the denial of Due Process and the Duty owed Appellants in obtaining their due process property interest as expressed under terms of the contract.” 

Foot Note 4 See Appellants’ Opening Br. 39 (“As has been consistently argued by Appellants throughout these proceedings 18 U.S.C. § 1964(c) is absolutely [a] money mandating statute, which provides substantive property rights in money damages.”).

The Court of Federal Claims’ alternative analysis— i.e., that the Plaintiffs failed to state a claim for which relief could be granted—was likewise correct. The plaintiffs’ allegations do not establish that any contract existed between the Plaintiffs and the government. The plaintiffs’ characterization of § 1964(c) of the RICO Act as a contract “offer” is false. “[A]bsent some clear indication that the legislature intends to bind itself contractually, the presumption 10. is that a law is not intended to create private contractual or vested rights.’” Nat’l R.R. Passenger Corp. v. Atchison Topeka & Santa Fe Ry. Co., 470 U.S. 451, 465–66 (1985) (quoting Dodge v. Bd. of Ed., 302 U.S. 74, 79 (1937)). Nothing in the RICO Act suggests it was intended to function as a contract offer to private citizens.

10. Note the Court says it is presumed. i.e they assumed absent some clear indication, however, the filing of a complaint does not require the presentation of evidence and the court offered no opportunity to present any. How appropriate is it for a Federal Court in a case against the U.S. Government to balance the scales of justice with assumptions? Keep in mind any normal individual would call having your attorney fees paid in the event of a successful prosecution and offer. The burden of proof in a civil case is a preponderance of the evidence. Evidence the court never heard. And the Federal Rules of Evidence specifically address the opportunity to address presumptions. 

The plaintiffs also failed to allege an unlawful taking under the Fifth Amendment. Plaintiffs contend that their RICO Act claim in the Western District of Virginia represented a property right that was taken by the government when the district court dismissed the claim. We have held that frustration of a legal claim, like that alleged by the Plaintiffs, is not a compensable taking. See Belk v. United States, 858 F.2d 706, 709 (Fed. Cir. 1988) (holding that international agreement that barred Iranian hostages from bringing legal action could not form the basis of a takings claim). 11.

11. Well I won’t touch this again it’s a joke. The case cited was based on liabilities that properly lay in a foreign country. Not with the U.S. Government. More obfuscation intended to protect the King. 

Finally, we hold that Judge Damich did not abuse his discretion when he denied the Plaintiffs’ motion that he recuse himself from the case. See Shell Oil Co. v. United States, 672 F.3d 1283, 1288 (Fed. Cir. 2012) (“Consistent with the vast majority of courts to consider this issue, we review a judge’s failure to recuse for an abuse of discretion.”). By statute, all federal judges must swear or affirm to perform their duties under the Constitution before taking office. See 28 U.S.C. § 453. There is no requirement that a federal judge later establishes that he took that oath or affirmation to the satisfaction of any particular party.12.

11. Judge Damich Connection as well as that of Chief Justice Sharon Prost to the design, and implementation of the RICO enterprise which was the subject of the original suit is a story and a half all its own. See Integrity & Independence in the Federal Judiciary?

If you find this interesting, I hope you read more of the blog. It’s really all about  TREASON within the U.S. Government and Federal Judiciary. It’s very clear that the Federal Judiciary is utterly biased and determined to protect the U.S. Governments’ criminal operations with any, and all means of deceit, and avoidance of the law available to them.

AFFIRMED

Below is a link to the Petition filed in response to this continued corruption in the Federal Courts. I would appreciate anyone reviewing the arguments against this opinion by the second highest court in the land of traitors. You will need to review the court’s citations and the objections to the ones presented in the lower court ruling in case 1:15-cv-01344 dkt 7.  7-main

Petition for Rehearing Final 

Read the blog post on the petition for rehearing here: Petition for Rehearing Denied

Please feel free to leave a comments below.

Treason & The Good Ole Boy Network; The ABA Within!
by

Treason & The Good Ole Boy Network; The ABA Within!

Below is a slightly modified copy of the last filing in case 16-1889 in the Court of Appeals for the Federal District. This case is about a promise, stated in  U.S. Federal Law, to a Private citizen; willing, able, and with standing, to assume a job as a Private Attorney General to prosecute racketeering inside the U.S. Government, the Breach of that Promise by the U.S. Federal Judiciary which protected the rackets criminals, the enterprise, and effected commission of the rackets objectives.

The filling was limited to 5 type written pages this version has minor changes in red to assist the readers understanding or to provide additional details  on the subject for which the original lacked space and commentary.

Defendant (The Department of Justice) asserts in Dkt item 6 at II “Statement of Facts and Course Of Proceedings Below”  ¶2 (1) page 2 “the Court Of Federal Claims does not have Jurisdiction to” – “review due process claims;” A copy of the DOJ’s filing is linked here:

This is completely illogical! Prime tenants of Due Process include a fundamental principle of fairness in all legal matters, a requirement government operates legally and within the law, and the requirement “the King cannot create any offense by his prohibition or proclamation, which was not an offense before.”

The Court of Federal Claims has jurisdiction “upon any express or implied contract with the United States 28 U.S.C §1491(1).

The most basic definition of a contract is a legally binding agreement enforceable by law. Given Due Process is fairness in legal matters and requires government operate within the law. Its simply implausible, if not impossible to breach or violate the terms of any express or implied contract without violating the doctrine of Due Process; without violating the law or legal terms of an agreement.

The very essence of this proceeding and the precursors, which ignited them, are firmly founded in a countless sequence of Due Process denial and the detrimental damages to the private property interest of a farmer.

When the Federal Government implements regulations, which constrict and limit the availability of credit, when it establishes itself a lender of last resort; with preferences for beginning farmers unable to obtain credit elsewhere, when a farmers life, livelihood, lifestyle, assets, and property are imperiled by a single available source of credit he has a property interest and the United States Department of Agriculture (USDA)/Farm Service Agency (FSA) has an a obligation to provide Due Process in evaluating a farmers loan application.

In the 1960’s and 70’s with bi-partisan legislative and executive support the USDA created a Sub-Prime loan bubble in farming and rural farms almost tripling farm size averages. In the late 70’s and early 80’s the bubble burst  and Government fueled devastation with free trade agreements, trade embargoes, significant and substantial reductions in credit availability; while the USDA began its own version of robo accelerating foreclosures. By 1985, an estimated 200,000 to 300,000 farmers were facing financial failure, farmland values dropped drastically for 1985 and 1986, the Farm Credit System ‘FCS’ institutions reported net losses of 2.7 billion and 1.9 billion respectively, the largest losses in history for any U.S. financial institution at the time. When it became apparent the financial viability of FCS was at risk, Congress stepped in to provide relief.

The USDA was besieged with loan requests from farmers unable to find credit elsewhere as private agricultural lenders failed in unprecedented numbers. The USDA was inundated with complaints by farmers, claiming mismanagement, Due Process violations in agency initiated foreclosures, failure and unwillingness to offer loan modifications in avoidance of foreclosure; overwhelmed with complaints, requests for assistance, and lawsuits; three key lawsuits ensued in the early 1980’s Matzke v. Block, Curry v. Block, and Coleman v. Block, followed by Coleman v. Lyng and Coleman v. Espy. These suits cemented Federal precedent farmers have a property interest, and the USDA a Due Process obligation.

Coleman v. Block’s 230,000 class members’ complaints were dismissed legislatively with the Agricultural Credit Act of 1987. Curry v. Block taught the USDA precedent could thwart abuse of deference and the follow on cases to Coleman v. Lyng and Coleman v. Espy that USDA denials of due process would have plaintiffs file complaints under the Federal Tort Claims Act (FTCA). Coleman v. Espy was decided almost a decade after origination on February 23, 1993, precisely two weeks to the day before newly elected President William Jefferson Clinton withdrew the nomination of Edward J. Damich to the Copyright Royalty Tribunal (CRT). These cases were the precursor, foundation, framework on which the USDA’s RICO schematic was designed. Judge Edward J. Damich resume gaps and career history coincide perfectly for having means, motive, opportunity as the presumptive architect of USDA’s legislation, policies, and procedural racket denying farmers these Due Process rights with passage of the Agricultural Reorganization Act of 1994, legislation which took bi-partisan congressional support to subvert the segregation of powers, and institutionalize in executive offices of Government. A scheme designed to obstruct justice, usurp judicial review, and rely on an abuse of unconstitutional deference.[Footnote 1]

Both republican and democratic administrations, presidents, and legislators contributed to the creation of the farm loan bubble, to its financial collapse; the second greatest decline in farms in American history, and the implementation of unconstitutional policies, procedures, and legislation to violate the constitutional rights of farmers. However, the greatest presidential culpability lies with Presidents, Reagan, Bush, Clinton, and Obama who did not respond to request under the Take Care Clause to address this unconstitutional criminal enterprise operating in his cabinet.

Appellants here and after referred to as the “Julian’s ” invested their life savings and in excess of half a million dollars in capital assets, farm land, equipment, and improvements; contributing in excess of 5 years of hard physical unpaid labor in the care, development, and rehabilitation of a farm, to prepare and establish a small farm winery business, and were relegated by Dodd Frank legislation to pursue a farm loan from the lender of last resort; the USDA/FSA. With their capital investment and significant investment of time, labor and commitment, having met requirements of eligibility for a beginning farmer, farm ownership loan, the Julian’s had a capital interest, a property interest, and a due process right to have their loan application handled with due care in accordance with USDA’s defined procedures.

USDA/FSA personnel were negligent, fraudulent, discriminatory, and committed a multitude of due process and criminal violations in processing of the Julian’s loan application without following USDA/FSA required procedures. In accordance with appeal rights the Julian’s mediation request was met with a vexatious denial of service; presumably at the direction of USDA counsel in the Department of Justice; Mediation itself is a scam used by USDA/FSA for discovery. The administrative appeals process is a racket designed to deny due process rights, fair and equal treatment, and obstruct justice, avoiding legal liability for criminal acts of USDA/FSA personnel, and their denial of due process in the handling of loan applications and farmer grievances.

The Julian’s pursued prosecution with a private right, specifically defined by congress to prosecute corruption in government, against the USDA’s RICO enterprise. The Federal Court instructed the Julian’s to file the complaint without citation of any cases, statutes, or legal argument; and then dismissed the RICO charges for failure to state a claim while denying a single opportunity to amend the complaint. The Judge Jackson L. Kiser substituted his opinion of what could be proved for what was pled, crafted alibi’s in direct contradiction to evidence, ignored constitutional challenges, and penned his signature to outright lies. This was done with bias, arbitrarily, capriciously, and not in accordance with the law, Due Process, the Federal Rules of Civil Procedure, or Supreme Court precedent. The fourth circuit court of appeals placed a rubber stamp on this dismissal without comment and the Supreme Court denied cert.

The RICO statute is a promise, made as federal law in 18 U.S.C. §1964(c) to compensate a private citizen by paying them an attorney’s fee, cover their court cost, and compensate them with treble damages for recovery of economic losses resulting from damages to their business and property not a cause of action for torts.

The Julian’s filed suit in the court of federal claims for government’s breach of this promise. Government has repeatedly denied the Julian’s constitutional rights, to protect its criminal’s, and their unconstitutional enterprise from responsibility and accountability. In the Court of Federal Claims the Julian’s case was presided over by non other than Judge Edward J. Damich, who declined to commit in writhing he would abide by his oath of office, he would perform his duties, since he has no legal obligation to do so and is unlikely, as are members of this court to be held accountable for breaching their oaths’ to save government millions and protect the members of their corp.

Numerous Congressmen, Senators, Presidents, and Judges are culpable. There is not one single Justice sitting on the Federal District Appellate Court who’s impartiality is not in question as a result of life appointment by one of these culpable Presidents, and confirmation by Congressional and Senate judicial committee members who facilitated implementation of this unconstitutional criminal enterprise. And most if not all of these judges are guilty of granting agencies unconstitutional deference.

The President, Congress, Senate, and Judiciary in fact; every branch of the U.S. Government has culpability for crimes against the American farmer and violence against the U.S. Constitution in this matter. This case is truly the hundreds of thousands of farmers before, the tens of thousands after, the thousands annually deprived of Due process, fairness, and justice; by the USDA. It’s truly We The People v. Government.

The Due Process Clause requires “our system of law has always endeavored to prevent even the probability of unfairness. To this end, no man can be a judge in his own case.” In re Murchison, 349 U.S. at 136. “[T]o perform its high function in the best way,” the Supreme Court has said, “‘justice must satisfy the appearance of justice.’” Id. (quoting Offutt v. United States, 348 U.S. 11, 14 (1954)). As Thomas Jefferson said “trial by jury is the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution,” and in this case only a jury can provide the appearance of fairness to protect We The People from tyranny and oppression of Government where all branches have participated in its unconstitutional criminal operation.

Make no mistake America this is the Ole Boy Network of the Rich Criminally and Unconstitutionally repressing the Poor!

Submitted by,

Christopher B Julian Pro-Se

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July -21-2016 Major Update Congressional Action taken of Deference.

Thank you Congressmen Griffith!

House Bill 4768 addresses a significant legal issue abused by the USDA’s racketeering enterprise. I applaud you and the House of representatives in passing this legislative reform. This is precisely the kind of legislative reform needed to assists in addressing Executive overreach and protect the American people from Government turned tyrant.

My personal goals in pursuing legal action in the federal courts included overturning this precedent as unconstitutional.

I hope Congress will work further on dismantling the unconstitutional separation of powers granted by the Agricultural reorganization act of 1994. Passage of H.R 4768 and /S-2724 and signing by the President is of significant interest to me. Please let me know if I can perpetuate any grass root efforts to assist in having this legislative reform become law.

Thank you again for this legislation and its passage. Allowing Government agencies to create laws or amend them at will must end.

Sincerely,
Christopher B. Julian

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August 4 2016 – Major Update Court of Appeals for Federal District assigns Biased judicial Panel.

Today the case docket, case#16-1889 reflects the judicial panel selected to hear this case includes Chief Justice Sharon Prost. How very appropriate, since it so perfectly coincides with the Old Boy network theme of this post. You see Judge Sharon Prost was working with the Senate Judiciary committee at the same time as Edward J. Damich. She was also working with the committee when the committee to quote Justice Clarence Thomas attempted a “high tech lynching” of his career. I can’t prove it; but I can produce significant circumstantial evidence Anita Hill lied and Judge Thomas’s attempted lynching was perpetrated to entice passage of the civil rights act of 1991. That passage of this act was a key building block of the USDA’s racketeering enterprise; a key building block for the false flag cries of discrimination used in so many class action settlements, a key to limiting legal damage awards as this act capped damage awards for discrimination and sexual harassment. I believe the whole country would be interested to know if Anita Hill’s parents received a settlement in the USDA’s Piggford class action settlements. They were both farmers when the USDA’s sub prime farm loan bubble burst and Anita Hill went home. Was it to assist her large family financially?   There is no other Judge on the Court of Appeals for the Federal District who lacks the appearance of impartiality more than Judge Sharon Prost. Will she recuse herself? I previously pointed out this fact to Congressman Morgan Griffith in a letter to him on March 21, 2016 seeking a congressional hearing. A copy of that letter was also provided to the Department of Injustice defense counsel Melissa Baker. A copy of that letter can be read in at the bottom of blog post Mr. President You Are an imposter. Tell me again Mr. Comey the system isn’t rigged! Here’s a snapshot of the docket which shows the judicial assignment. Docket 

The Federal Court of Appeals for the Federal Circuit dismissed this case for breach of contract against the Federal Government. The Court said in its opinion there is no indication the legislature intended for the Federal Government to be contractually bound by its promise to compensate a private citizen to assume the role of a prosecutor. This despite the fact  the Supreme Court has reiterated countless times the law in question makes these offers as an inducement for a private citizen to pursue the cause of action. This despite the fact it is a Federal Law. I take this as the legislature had no intention for the Federal Government to be held accountable to the law.

I will count this as numerous violations of my law another act of treason as the court once again failed to address the  gaping holes in their logic with any viable show of reason. They should be held accountable for all consequences.

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Need for reform of the Judiciary – A Study of judges unaccountability and consequent riskless wrongdoing. By  Dr. Richard Cordero, Esq. However, the judges is this matter should not consider their actions risk less.

See OPT In America Letter to the U.S. State Department July 21, 2016

See OPT Ub Reuters Good Ole Boy Network to the Supreme Court. “At Americas Court of Last Resort”  

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July 25 2016 – Today Hospice informs me my mother will not likely live another 24 hours. The final years of her life,the opportunity to enjoy a grandchild, to spend time living with family, time to enjoy friends, family and life were stolen from her by the Government criminals who failed to do their jobs, the criminals, who created this racket, the criminals who aided and abetted these criminals from responsibility or accountability for their actions. The greatest criminals of all those who act criminally to deny the justice their charged with administering. In my book you will forever be labeled traitors to the constitution, traitors to the American people, traitors to your country and countrymen.

Judges train law clerks to become lawyers, who become attorney generals and legislators making laws and appointing State Judges. More often than not one of these lawyer legislators becomes President and then gets to appoint Federal Judges and Supreme Court Justices who are confirmed primarily by lawyers turned legislators. This is the epitome of a good ole boy crony capitalist net work where one bad apple at the corp spoils the whole bunch. 

The Court of Federal Claims from which the appeal originates does not usually have Jury trials, However, Since Presidents, Congressmen, Senators and the Judiciary have all been involved in the operations of this enterprise; which I contend was an ACT of treason and all branches of Government have culpability; and the Judiciary seems to be interested in protecting it. Numerous request to my congressional representative for a congressional hearing have been ignored. Many of Congress and the Senates career statesmen have been involved in this crime. 

All of the Judges on this appellate court were appointed life appointments to this court by Reagan, Bush, Clinton, or Obama. And numerous Senators on the Congressional and Senate Judiciaries including Vice President Joe Biden and Al Gore were involved in this RICO enterprises establishment and these judges confirmations. 

Only a Jury can provide the appearance of fairness.

Heres a linked list of the judges and their appointee.

The linked document has a great deal of supporting information on allegations made in this filing it furthermore, provides footnote’s with links to supporting documentation from unrelated parties. See more in depth information here: The Irony of Why

Make it known for the record I consider every argument made by the DOJ and Judge Damich to be based on lies not law and the Appeal  and writ of Mandamus filed reflect that. Given Governments role in this criminal operation I will only accept a different answer from a jury given all the evidence and facts. 

Footnote 1- Un Agenda 21, The Civil Rights Act of 1991, was part of the scheme. Piggford I & II, The American Indian, and Hispanic and Women rancher settlements false flag cries of discrimination concealing, Gross Negligence to limit damage awards and the population to less than 2 percent of farmers. 

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

Wall of Injustice Street!
by

Wall of Injustice Street!

 

March 18, 2016 I filed suit against Wall Street in the Federal District Court of North Carolina Western District ,Charlotte NC.Case 3:16-cv-00173 Complaint for poisoning the nations mortgage market, the financial collapse, the regulatory impact-Dodd Frank, and the disappearance of mortgage credit availability that followed. Specifically the extinction of ALT A stated income loans. Please see the most recent updates in this case below 10-1-2016 & 10-7-2016.

The premise of the case is pretty simple. Wall Street, specifically the subprime 25, their financiers, and  rating agencies were negligent and fraudulent when they flooded the mortgage markets with bad loans. The financial collapse that ensued resulted in financial reforms namely Dodd Frank.Dodd Frank legislation which extinguished the mortgage products known as ALT A stated income loans. See New Law Ability to Repay tightens mortgage regulations.

Loans are products, there are many mortgage loan products with differing characteristics ALT A among them. ALT A Stated income loans were an available product in the pre financial collapse market. The Federal reserve bank of St. Louis did a study on ALT A mortgage loans from 1998 – 2007 and the data shows the product had tolerable default rates prior to the subprime bubble between 2004 – 2007. Here is an excerpt from the federal reserve banks conclusions of that analysis or you can read the analysis here. Alt A The Forgotten Segment of The Mortgage Market.

” The summary data indicate a shift of Alt-A originations toward a greater share of owner-occupied properties, adjustable-rate products, and cash-out refinances. This is accompanied by a deterioration of underwriting standards for a greater proportion of mortgages with lower documentation and higher loan-to-value ratios. Serious delinquencies on Alt-A originations rose sharply in 2006 and 2007, primarily for originations after 2003.”

“In their handbook chapter on Alt-A mortgages, Bhattacharya, Berliner, and Liber (2006, p. 189) remark that “the demarcation between Alt-A and subprime loans has been blurred. Over time Alt-A has expanded to include loans with progressively less documentation and lower borrower credit scores. At the same time, subprime loans have, on average experienced a slow but steady rise in average credit scores. A result of this convergence has been the creation of the so-called Alt-B sector”

Product negligence law says “A claim in negligence is based on the assumption that the manufacturer owes a duty of care to all those who can reasonably be expected to make use of its product”

I had a project and business development effort I began in 2007. In 2008 and again in late 2009 I obtained loan commitments on this project. Project delays as well as numerous other variables prompted funding the development efforts without borrowing. Thats putting your own capital and equity at risk on a project. But, it was also a simple conversion of the capital into a capital asset.

In 2012 personal capital began to run out and the need arose to borrow against the real estate holdings to continue the development work. However, financial institutions which had previously been willing to provide funding now stated Dodd Frank Reg B prevented them from mortgaging the property. Paying yourself to work on capital improvements was no longer an acceptable source of income. Dodd Frank Reg B would prevent us from borrowing against assets in which more than a half million had already been invested.

This forced a turn to, the only available source of rural credit, the USDA Farm Service Agency. A government run criminal enterprise which has provided three years and counting of living despotic tyranny and oppressive hell.

Had Wall Street subprime lenders not negligently poisoned the mortgage market, had they not seriously undermined the underwriting standards of the ALT A mortgage market, Dodd Frank would not have occurred, credit markets would not have contracted so significantly, and the little guy in this case with a half million invested in a viable business, and debt free property development, with a blemish free credit history would have been able to obtain funding on a low ratio loan to value farm winery business development effort and paid himself to work like any small business owner.

But For the negligence of Wall Streets subprime lending there would have been no need for Dodd Frank legislation and but for Dodd Frank and the credit crunch this small business would be up and running and not destroyed. How much has the DOJ claimed to have been awarded in damages for the actions of these firms? How much has been provided in restitution to individuals who got locked out of mortgage markets because they had solid credit and assets and no mortgage when these institutions brought the house down?

The journey has been a very long a painful one resulting in significant financial hardship. As of 4/25/16 the Federal court has not approved a request for In Forma Pauperis and the suit against Wall Street sits on the court docket having not been served. Since legal battles started more than 2 years ago request for In Forma Pauperis have been granted in all suits against the USDA, leading one to the conclusion the court is wondering if Wall Street should be held accountable for the negligence which caused a mortgage products extinction and the consequential damages to an individual who could reasonably have been expected to make use of the product.

Update 4-29-2016 As of this evening the court has not approved the In Forma Pauperis status. On three other separate fillings it was approved. What does that mean? Has the court been too busy? Did someone drop the ball? Usually they’ll deny an application if they believe the suit lacks merit however, they have not denied the application either, so are they having a difficult time with the question of merit or a difficult time with the truths about the courts it exposes?  Or do they just plan on being instruments of tranny and despotic oppression? Who is is truly running the US Government? They say if you really want to know who the oppressor is look for the one who can’t tolerate true criticism.

Update 5-6-2016 As of this evening the court has not approved or denied the In Forma Pauperis.

Update 5-13-2016 As of this evening the court has not approved or denied the In Forma Pauperis.Therefore the court has not acted on the Complaint though its been in their possession for a month. This topic is worth a post all its own. Perhaps even a chapter in the book on how Un cvil the courts really are but that will have to wait. In the Federal Rules of civil Procedure  Rule 1 states:

“They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”

There is nothing just or speedy about a court leaving a proceeding waiting a month on approval for In Forma Pauperis status.

Rule 4 Summons (c) Service 3. By Marshall or someone specifically appointed states:

“The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915”

The court can dismiss a case at anytime if it deems the case malicious, frivolous, lacking in merit, or fails to state a claim upon which relief can be granted. Three separate courts have already found us eligible to proceed In Forma, one very recently.  The Courts inaction appears based on effecting the judges will from some outside influence rather than making judgement on the facts of the case before them.Holding a case you intend to dismiss is intentional infliction of emotional distress.

Judges as I understand from the rules and Pro Se guides are not supposed to be influenced in their decision making by information outside that presented through proceedings to the court. Would reading this blog be outside the proceedings? While my blog generally gets daily activity I found the activity of April 6, 2016 interesting. Because Judge Robert J.Conrad has 3 magistrate judges. He had on his calendar for May 6, 2016 a scheduled status Conference, and on April 6, 2016 3 individuals heavily investigated the blog in search of information on me and my legal cases. See the blog activity.

Justice delayed is Justice denied.

Update 5-20-2016 By end of this 5th week the court has still not ruled on the motion for in forma pauperis. If the court finds Plaintiffs financially eligible and the complaint meritorious then Plaintiffs have a fundamental right for the case to continue and the court should require issuance and service of process. If the court finds for any reason the complaint is deficient then the court should allow for amendment of the complaint unless its deficiencies cannot be cured.

Justice delayed is Justice denied.

Update 5-28-2016 By end of this 6th week the court has still not ruled on the motion for in forma pauperis blocking process of service. Why would a Federal Court choose to hold motionless a case against Wall Street by a private citizen? Why would the court leave a private citizen tortured by their inaction? How powerless are the American people to hold  Federal Courts accountable? Someone has been looking at various aspects of the RICO case and should be aware of 2 things 1. All known facts have not been disclosed and of significance 2. ” The Law itself is on trial quite as much as the case which is to be decided”

Justice delayed is Justice denied.

Update 6-3-2016 By end of 7 weeks the court has still not ruled on the motion for in forma pauperis blocking process of service. Why? If the court finds Plaintiffs financially eligible and the complaint meritorious then Plaintiffs have a fundamental right for the case to continue and the court should require issuance and service of process. If the court finds for any reason the complaint is deficient then the court should allow for amendment of the complaint unless its deficiencies cannot be cured.

Justice delayed is Justice denied.

Update 6-10-2016 By end of 8 weeks the court has still not ruled on the motion for in forma pauperis blocking process of service.

Update 6-13-2016 If the Court was granting Government notice as a potential defendant 60 days are up!

Justice delayed is Justice denied.

Update 6-18-2016 By the end of 9 weeks the court has still not ruled on the motion for in forma pauperis blocking process of service. As I’ve said many times. If a Federal Court wishes to ignore your civil rights – you have none.

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 7-04-2016 I saved my week 11 update for today Independence day. Many people believe the war of independence was about independence from Britain however,  justification for the war, its root cause was the Kings denial of Due Process as promised in the Magna Carta. Which is precisely the root cause of all my legal proceedings against the U.S. Government.

“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.” Declaration of independence Thomas Jefferson.

The denial continues V va la revolution!

Update 7-09-2016 – Denial of Service continues. It’s said of all things Due Process is fundamental fairness. Is this Due Process. The  FRCP requires process of service in 90 day’s which will be up in 6 day’s; The court has never ruled on the motion to proceed in-forma which had it been granted required the court to process service. So if they fail to rule on the motion and then dismiss the case for failure to serve is that Due Process?

Update 7-16-2016 – 91 Day’s on the docket and Senior Judge Rober J. Conrad has yet to affirm or deny the case against Wall Street has Merit. Do you believe he has been unable to make that determination? Will he dismiss the case now with an unanswered motion to proceed informa for failure to effect service? 

Update 7-23-2016 – 98 Day’s no change.

Update 7-23-2016 – 105 Day’s on the Docket Stalled by the Courts inaction. 

Update 8-20-2016 – 126 Day’s on the Docket Stalled by the Courts inaction.

Update 8-22-2016 – From the Clerk of Court-

” Mr. Julian,
upon review of your case it appears that the motion is still pending at this time and is still waiting on a decision from the Judge. If you have any questions, please feel free to contact our office at 704-350-7400, thank you.”

Update 8-27-2016 – 133 Day’s on the Docket Stalled by the Courts inaction.

Update 9-10-2016 – 141 Day’s on the Docket Stalled by the Courts inaction. Note the Letter to Judge Conrad requesting a ruling to proceed this case was Docketed on 9-7-2016 but no ruling has yet occurred.The letter is on the blog as Letter to Judge Robert J. Conrad August 29, 2016

Update 9-24-2016 5 Months on the Docket and still stalled by the courts inaction. The only case filed in April assigned to Judge Robert J. Conrad which has not progressed in the court system. The letter of August 29, (see above) requested he either allow the case to proceed or dismiss it for lack of merit. He has done neither.  To understand why we believe the court is stalling this case see the blog post Treason & The Good Ole Boy Network; The ABA Within

Update 10-1-2016 5 Months on the Docket and on September 27th 2016 Judge Robert Conrad denied the motion to proceed in forma pauperis. Why did it take 5 months to determine this? First on three other separate occasions including February and March of 2016 the Federal Courts granted plaintiffs in forma pauperis status. The court is well aware of the Plaintiffs debt stresses lack of employment, obstructions to employment and reliance on government assistance but denies the request. Plaintiffs can see no other justification for such action by this judge than a blatant attempt at obstruction of justice by the court. The Motion to this court  filed 4/15/2016 was almost if not identical to the one granted by the Court of Appeals for the Federal district on 4/13/2016. 

Update 10-7-2016 – After filing a motion on 10-6-2017 for reconsideration of the Courts denial of In Forma Pauperis status, Plaintiffs paid the Court cost and filed summons for issue with the Clerk of Court. Summons issued. Plaintiffs are in process of having these summons served.If this case has issues with merit, is deficient, or fails to state a claim, as the Federal Government has consistently pled and been granted. Then this Court has failed to abide by FRCP1 as the expended cost in this case just skyrocketed!   

Update 4-10-2017-

Boni Judicis Est Ampliare Jurisdictionem

Update 6-29-2017 14 Months on the Docket and the only conclusion a Plaintiff can draw is justice delayed is justice denied. The Federal Courts aiding Government tyranny. 

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

Mr. President You Are an Imposter!
by

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                                                                                        Blueridgesprings.com

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

Christopher.b.julian@gmail.com

 

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

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Chris Julian

Not a Pro Pro Se per Se.

@blueridgespring

WordPress.blueridgesprings.com

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

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

Un American Express !
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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.

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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.

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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!
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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
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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

Continue reading →