Judging the Judges of a Judge.

Judging the Judges of a Judge.

You should be paying attention. What’s presented in the Court of Appeals Federal District Case 16-1889 , is a case before the second highest court in America, where the questions are; whether the Federal Government is liable for criminal acts of a Federal Judge who’s violated a legislative promise to the American people to hold Government accountable to the law, and whether the Federal Judiciary will protect, hold accountable, or should judge, a Superior Federal District Court Judge for aiding and abetting the USDA ‘s criminal enterprise, protecting it from prosecution.

I say, If not, there’s no case in America where the judiciary will hold a member of the judicial corp. accountable, and the judicial system is quite simply corrupt and the rule of law in America meaningless. The results are in see: Petition for Rehearing Denied

Plaintiffs claims are a request the Court of Federal Claims review whether Governments employee “ Federal Superior District Judge Jackson L. Kiser violated the Plaintiffs procedural due process rights and failed faithfully to perform his duty as an agent / trustee affecting a breach of contract or taking of personal property conveyed to Plaintiffs by an act of Congress “Title 18 Chapter 96 §1964(c)”. Rights granted by legislation with the specific intent to appoint the plaintiff as a prosecutor for the express purpose of prosecuting Government corruption “the USDA’s RICO enterprise”, in a Government agency violating the fundamental laws of this Nation “ the due process and equal justice clauses of the constitution of the United States, in a prosecutorial void “ The DOJ defends Government Agencies even criminal ones”, where the Governments action “The Actions of Federal employee Superior Federal District Court Judge Jackson L. Kiser aided and abetted the Government “ The USDA’s RICO enterprise” in avoiding prosecution and effected the Governments “USDA’s” will to unconstitutionally write new law “ Usurping the legislators and the Judiciary” while preserving the Governments “USDA’S” criminal and corrupt objectives [1] as a criminal abusive tyrant.

Its all just one big  happy Government Criminal Racket however, the Legislative intent was to prevent judicial collusion by creating a civil cause of action for a criminal offense placing the verdict in the hands of a Jury and not the Judiciary.

Under the Tucker act the Supreme Court Stated in United States v. Navajo Nation, 556 U.S. 287, 290 (2009). a Plaintiff  “must identify a substantive source of law that establishes specific fiduciary or other duties, and allege that the Government has failed faithfully to perform those duties.”  “If that threshold is passed, the court must then determine whether the relevant source of substantive law `can fairly be interpreted as mandating compensation for damages sustained as a result of a breach of the duties [the governing law] impose[s].'”

Due Process and the Equal Protection clause of the Constitution are substantive sources of law, and impose a  agency / fiduciary duty on a Judge, to abide by the law, his oath of office, his judicial cannons, the federal rules of civil procedure, and in this instant case a fiduciary duty is imposed on him to protect the property rights, treble damages, attorney fees, and court cost that flow from the Plaintiffs economic damages and the restitution promised by statute  18 U.S.C.§1964(c) for bringing suit against the U.S. Government for racketeering.

  1. Judge Jackson L. Kiser breached his fiduciary duty by dismissing the charges for failure to state a claim while denying a single amendment to the Complaint  by a Pro -Se his court instructed not to make legal arguments, cite cases, or statutes. This in a case alleging a government conspiracy to deny due process and equal justice, A felony and when done as a racket an act of treason on the constitution and the American People. How serious did Judge Jackson L.Kiser take his oath to uphold the law and the constitution?
  2. The Statute promises treble damages, Attorney Fees, and court cost to the successful litigant. The supreme court has stated these are economic damages for economic injury see Agency Holding Corp. v. Malley-Duff & Associates][107 S.Ct. 2759, 483 U.S. 143, 151 (1987)] : “RICO and the Clayton Act are designed to remedy economic injury by providing for the recovery of treble damages, costs, and attorney’s fees. Where the Federal government is the defendant it  can fairly be interpreted as mandating compensation by the Federal Government.”

There’s a solid  case Judge Jackson L. Kiser failed faithfully to perform his fiduciary and agency duties in the application of a federal statute which can fairly be interpreted as mandating treble damages, court cost, and attorney’s fees as compensation by the Federal Government. Understand Judge Jackson L. Kiser Lied. He made up alibis and manipulated the true nature of the evidence to dismiss the charges in the first place. see:Corrupt Federal District Court Of Federal District Judge Jackson L. Kiser – Traitor

So far the Court has not acted as a neutral adjudicator but as an attorney for the defense of the U.S Governments criminal operations like a Judiciary criminally protecting organized crime.

[1] 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.

For more on this topic see:Federal Court Opinion Balances Scales of Justice With Lies. And Integrity & Independence in the Federal Judiciary.

 

CBJulian

@blueridgesprings

Blueridgesprings.wordpress.com

Not a Pro Pro-Se Per Se.

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Federal Court Opinion Balances Scales of Justice With Lies!

Federal Court Opinion 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

***********************************************************************

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 March 10, 2016, the Court of Federal Claims dismissed 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 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 dismissal was proper. We therefore affirm.

BACKGROUND

Plaintiffs’ claims in this case arise from dismissal of an earlier case they filed in the Western District of Vir ginia. On September 16, 2013, 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 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 Plaintiffs’ claims, with the exception of the request for 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 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 Cir. 2014), and the Supreme Court denied 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 courts 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 preform Judicial review was actually challenged. Plaintiffs objected profoundly and insisted the judge lacked jurisdiction to proceed with the conversion of a civil case filling 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, 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. Interesting they left out the predicate acts of the RICO filing.

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. 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, Plaintiffs alleged that the district court’s dismissal effectuated an unlawful “taking” of 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 limited space. 

On March 10, 2016, the Court of Federal Claims dis missed Plaintiffs’ action. The court held that it lacked jurisdiction to review the Western District of Virginia’s dismissal of Plaintiffs’ earlier case and that Plaintiffs failed to state a claim for breach of contract or an unlawful taking. Order, 2016 WL 929219, at *2–3. As part of the order, Judge Damich denied Plaintiffs’ request that he recuse himself because he refused to attest to 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. Their’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, Plaintiffs filed a petition for writ of mandamus to this court. We converted Plaintiffs’ petition to a notice of appeal on April 19, 2016. We have jurisdiction to address Plaintiffs’ appeal under 28 U.S.C. § 1295(a)(3).

5. The Court completely ignored rejection of the appearance this was inappropriate and that its inappropriateness was based on a significant appearance of perceived Biases.It is completely inconsistent with the judiciaries 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 was this opinion ignoring the Supreme Courts guidance on jurisdiction see the petition for re hearing 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 a 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 Plaintiffs’ claims. While styled as breach of contract and takings claims, Plaintiffs’ claims are, at bottom, requests that the Court of Federal Claims review the Western District of Virginia’s decision to dismiss 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 courts RICO decision. It is a review of the lower courts actions in the violation of the Plaintiffs procedural rights breaching the Government Agency responsibility to provide Due Process. Effectively the Judge criminally joined in as a participant in the RICO operation to effect the Governments  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 courts jurisdiction according to all current Supreme Court precedent. Additionally, the court has cited two cases which did not address  civil Rico statute at all. The Court must have known if they truly reviewed the case 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 courts jurisdiction. That is the Supreme Court has stated any statute. So it does not matter whether its 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 Precedent, after all they did actually express an opinion?  We shall see! If I were a traitor I would not find comfort in the Courts misrepresnetations. They are basically lies of obscurity. See the Courts Footnote 4. below.

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, Plaintiffs make clear that none of their claims “w[ere], or [are], based on violations of the Fifth and Fourteenth Amendments.” Appellants’ 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 Plaintiffs failed to state a claim for which relief could be granted—was likewise correct. Plaintiffs’ allegations do not establish that any contract existed between Plaintiffs and the government. 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 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 an 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. 

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 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 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 establish 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 courts citations and the objections to the ones presented in lower courts ruling in case 1:15-cv-01344 dkt 7.  7-main

Petition for Rehearing Final

Please feel free to leave a comments below.

Integrity & Independence in the Federal Judiciary ?

Integrity & Independence in the Federal Judiciary ?

Federal Courts claim a desire to maintain an appearance of integrity and independence. From judicial Cannon number 1. But do they really ? Read this brief history and let me know if you think they’re failing. Please leave your thoughts in a reply at the end; your input would be greatly appreciated.

“A judge should maintain and enforce high standards of conduct and should personally observe those standards , so that the integrity and independence of the judiciary may be preserved”

You will find on this blog numerous post supporting the belief, the Agricultural reorganization act of 1994, signed into law by William Jefferson Clinton, was done to establish a criminal racketeering (RICO) enterprise within the Secretary of Agricultures Office; An office reporting directly to the President of the United States. See i.e In The War On You And Me

According to Congressional records George H. W. Bush nominated Judge Edward J. Damich for an appointment to the Copyright Royalty Tribunal (CRT) on March 13, 1992 and on October 8, 1992, the nomination was returned to the President.The nomination was resubmitted on September 9,1992.  I can find no government  record Judge Edward J.Damich was ever confirmed by the Senate for a position on the CRT. See. Nominations of Edward J. Damich

On March 9, 1993 Judge Edward J. Damich nomination to the CRT was withdrawn by the newly elected President William Jefferson Clinton. Two weeks to the day after a final decision in the Coleman v. Espy class action lawsuit against the USDA.

Judge Edward J. Damich CV has a mysterious employment gap from March 1993 until 1995 when he became employed as Chief Intellectual Property Counsel for the Senate Judiciary Committee. See Edward J. Damich US Court of Federal Claims

Chief Justice Sharon Prost was Chief Counsel of the Committee on the Judiciary, United States Senate from 1993 to 2001. See. Sharon Prost, Chief Judge US Court of Appeals. Wouldn’t Chief counsel on the judiciary had a say in the hiring of new counsel like Edward J. Damich? 

Current Vice President Joe Biden was Chairman of the Senate Judiciary committee, Kika de la Garza Texas Democrat and environmental advocate was Chairman of the Agricultural committee. John Conyers a Democrat and founding member of the Congressional Black Caucus, of which Mike Epsy was a member was a ranking member on the Congressional Judiciary Committee, and the Chairman was Texas Democrat Jack Brooks.

The Congressional and Senate Judiciary committees would have played major roles in the passage of the Agricultural Reorganization Act of 1994.  Or should we say the Agricultural RICO Act of 1994?

I sued the USDA for the operation of this RICO enterprise in 2013. To this day I seek the opportunity to present evidence of these allegations to a Jury of civilians.  I allege that from 2013 to 2014 Senior  Federal district court Judge Jackson L. Kiser railroaded my RICO filling with specific intent to protect the USDA’s RICO enterprise from prosecution. See case 4:13-cv-00054-JLK CA4 14-1480, 14-1925,and Supreme Court Writ of Certiorari petition 14-1051. I call this case the Northfolk Southern Rico express. A judge has only to pen his name, to one major lie, to destroy the appearance of having any integrity. Judge Kiser’s Memorandum opinion is full of lies, denials of the law, and due process.

In November of 2015 I filled suit against the United States Government, precisely because, I believe Judge Jackson L. Kiser acted with specific intent to aid and abet the USDA’s RICO enterprise in the commission of the racketeering operations objectives. See 1:15-cv-1344

The Judge assigned to this case, was Judge Edward J. Damich, appointed to the court by William Jefferson Clinton, who again I allege railroaded this case, consequently, a writ of mandamus was filed with the Court of Appeals for the Federal District see CA1 16-122. See Mandamus Usurped Justice Usurped Impartial Hearing Denied

The Court of Appeals Federal District converted the writ of mandamus, to a request for appeal. See Mandamus Usurped Justice Usurped Impartial Hearing Denied.The appeal was assigned to  Chief Justice Sharon Prost who was accompanied, by two new judges and again railroaded the case see CA1 16-1889. See Treason & The Good Ole Boy Network The ABA Within!  and Federal Court Opinion Balances Scales of Justice With Lies I call this one The Pennsylvania Railroad express. 

In response to the railroad of Case 16-1889 a petition for rehearing was submitted which  I believe shows the ruling was not in accordance with Supreme Court precedent on the case. If the Court denies the petition, or rules against it, the only remaining option is an expensive and highly unlikely appeal to the Supreme Court of the United States. One they would likely never grant, as the ruling  would clearly not be in accordance with established law. See blog post  Petition for Rehearing Denied.

Understand that it’s my firm believe,  the Agricultural Reorganization Act of 1994 was  the foundation for an Act of Treason against the American Farmer , the Constitution, and We The People. That the Senate, and Congressional Judiciary committees would have been involved in the legislations passage. And Chief Justice Sharon Prost and Judge Edward J. Damich would likely have worked with the Senate Judiciary on the passage of this criminal, unconstitutional act of treason.

Do you believe for 1 second Judge Edward J. Damich and Chief  Justice Sharon Prost can legitimately claim to have independence in these court proceedings? Does their involvement and participation in the implementation of the legislation alleged to be an act of treason not put the courts integrity in question, by having them preside over proceedings ?

A Railroad of criminal injustice never to see the light of media exposure. A railroad where the tracks of judicial  integrity and independence of the judiciary are a train wreck and there’s no judicial accountability for criminal injustice. Today the judiciary continues to allow this criminal unconstitutional legislation to cause all manner of destruction to the life, livelihood, and property of Americas Farmers, the constitution, and  “WE THE PEOPLE”. Most disturbing of all is the fact numerous members of the Supreme Court including Chief Justice John Roberts have expressed the opinion that a key component of the RICO’s racket; a reliance on judicial deference is unconstitutional.

As a patriot traitors and there family are the enemy, as are all those who aid and defend them.

Look for  the Tweetsie Railroad already on the tracks See Wall of Injustice Street and Letter to Judge Robert J. Conrad August 29, 2016

Please note the court may not like my commentary as Judge Jackson L. Kiser made so clear, However, I do not have power to change the law and nothing I say should have any bearing on its just administration!

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

Mandamus Usurped Justice Usurped Impartial Hearing Denied.

Mandamus Usurped Justice Usurped Impartial Hearing Denied.

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

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

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

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

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

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

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

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

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

What do you think?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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!

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

In The War On You And Me.

In The War On You And Me.

For more than a decade now the U.S. Government has waged war on my family, American Citizens, a secret war started in 1994 with a legislative act of treason by Bill Clinton, Al Gore, Joe Biden, and Patrick Leahy. My family is by no means the first casualty of this war, and will not be the last unless We The People demands an end to it.

It was an ACT of Treason because:

  1. With the establishment of the National Appeals Division (NAD) It put Executive, Legislative, and Judicial power in the hands of the Secretary of Agriculture reporting directly to the President and altered the Administrative procedures Act for its criminal purpose.
  2. It abolished the Federal Rules of Evidence in USDA Administrative appeals and eliminated precedent. Two keys of fair procedure built from the lessons of a thousand years.
    1. The elimination of precedent denies appellants equal treatment under appeal, under the law.
  3. It set up a Racketeering Enterprise to deny Appellants their constitutional rights to due process and equal justice under the law.
    1. Conspiracy to deny constitutional rights is a felony crime under 42 U.S.C 1983.
    2. Racketeering to avoid Financial loss is racketeering for financial gain as is the goal of taking property.
    3. Racketeering that affects agriculture impacts local, state, national and even international commerce.
    4. Policies and procedures to avoid allegations of negligence, fraud, and discrimination mask commission of racketeering predicate acts and deny due process and fair and equal treatment under the law.
    5. Every effort is made procedurally in this conspiracy to obstruct justice a predicate act of racketeering.
    6. The objective of this operation is four fold.
      1. Avoid Financial liabilities for crimes.(Primarily the criminal negligence of agency management.)
      2. Avoid accountability abusing sovereign immunity to protect agency personnel from being held responsible for criminal violations or failing to perform statutorily required procedures.
      3. The Process is designed to separate crimes from the financial damages they cause thereby allowing the agency to claim no harm no foul damages on  criminal acts. see related items 4 & 5 below.
      4. Operation of a racketeering enterprise which grants the Agency Slide1the ability to selectively discriminate against farmers for the furtherance primarily of UN Agenda 21 goals, conservation, EPA, BLM , objectives. Its effectively used to reduce farm land and farmers, protect water resources, wet lands, and forest resources, and effect the taking of farm land without just compensation from farmers.  Government is  acting in its own self interest waging financial war on farmers where it wishes to force bankruptcy onto farmers so they can  take the land without compensation and  avoid  a violation of the fifth amendment takings clause.
  4. It sets up generally every appeal as  a matter of regulatory interpretation.
  5. By design the Agency is rigging and scamming to write laws to fit their objective with each farmer by claiming  a right to deference of interpretation of the regulations they put into law. Should an appellant challenge that in Federal Court the courts are prepared to abuse Auer, Seminole rock, and Chevron deference to oblige the agency. All of which has been recognized as unconstitutional by numerous members of the Supreme Court and until recently the most outspoken of jurist was Anton Scalia.
  6. In my case while we demanded a jury decide the jury demand was unconstitutionally circumvented and the court granted deference to rewrite the law, contrary to Supreme court guidance, contrary even to the plain language of the statute.
  7. Racketeering for these objectives in not Risk Management it’s a Criminal Racketeering enterprise by design affecting inter, intra and international commerce for financial gain.
  8. It’s an enterprise blatantly violating numerous Federal, State, and even the Supreme law.

Due process requires Government operate legally and within the law. Even the President SCOTUS! You cannot be sworn to uphold it and to protect it and gifted to violate its. The promise of Due Process is that Government will abide by the laws it dictates to its citizens.

This is an  effort to usurp the constitutions separation of powers augmented by a criminal enterprise designed to deprive individuals of their constitutional rights to due process , equal justice, and taking of property without just compensation. Its a process allowing the agency to write their own laws at will to deny farmers their legal rights. I call that levying war against the constitution and against farmers. Farmers are “Them” We The People This is a plain old fashioned racketeering operation and an act of treason from with in.

This act of treason, a war on you and me, and the Constitution was born from many objectives within both political parties. So much so, only a single senate vote by a decorated soldier of Vietnam is recorded cast in opposition. Each and every yes vote cast abolished provisions of the constitution protecting  We The People from tyranny and oppression. Each and every vote was a vote to strip American Citizens of their rights to due process, equal justice, fair hearings before unbiased tribunals, and equal justice under the law.This was an ACT to empower a deceitful, despotic, criminal unconstitutional tyrant. This was an act of war on We The People and the Constitution of the United States of America. This was an ACT making the President King.

In passing this legislation with Bi Parisian support, Congress and the Senate agreed to allow the U.S. Government to war against We The People and abolished the people’s Constitutional protections. Indeed, Congress and the Senate allowed Government long established to be changed for light and transient causes most notably managements incompetence.  Take note each and every Senator voting yes on this legislation is guilty of Treason there were 98 yes 1 vote of no and 1 who did not cast a vote from a Senator who switched parties that year. Each and every congressional vote of yes was an act of treason but interestingly there’s no record of the Congressional votes. Who sets the punishment for treason?

Today Congress is unwilling to admit their transgressions or to stop the war. Yet they have on numerous occasions swept truth under the rug with 4.4 billion in payouts to date. Interestingly most of which went to lawyers. This war is run from the office of the Secretary of Agriculture a cabinet member of the President of the United States, a President who is working hard to expand this war and its weapons. Will you be its next casualty? It has already taken life, liberty, and property from tens of thousands and reaped destruction on tens of thousands more. May the next Supreme Court Justice be a true servant of the people, another originalist to protect the sanctity of the constitution.

Nominations and appointments build the Federal Judiciary from the legislature and President. These judges have ties through party and corps to those who grant them gifted seats of long-term power. Knowingly or not, all of the Judiciary has assisted with the usurpation of its power to aid this war for decades. Today the Judiciary ignores the constitution, federal law, and civil rights, which command it to address these crimes. They too have committed the Federal Judiciary to Treason against the Constitution and We The People. The very judges now presiding over cases I brought against this racket were at the table for its design. They were given powerful seats in return for willingness to transgress the law and the supreme law. This is another area America has serious problems that need addressing.Lawyers are a major corp of the treason with in.

I have tried now for years as a victim of this heinous crime to stop it through proper channels with:

Mediation, biased by design with the act of Treason

Hearings, biased by design in the act of Treason

Lawsuit in an Article 3 Federal Court, Jury trial demanded and denied.

A Request to the President under Article 2 clause 3 to uphold the law and Constitution, NO reply.

Lawsuit in an Article 1 Court of Federal Claims.” Conscience of the Nation” Where a Judge with significant ties to treasonous legislation refused to honor his oath of office.

A direct petition to Congressional representative for redress before Congress. No response!

A Writ of Mandamus to the Court of Appeals in the Federal District, Chief of whom was appointed by a traitor and who sat at the table as traitors plotted this  treasonous legislation.

“In every stage of Oppressions (I) We have petitioned for redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury.” Declaration of Independence Thomas Jefferson.

Every repeated injury an act of despicable dishonorable rape, robbery, and  assault, all acts of vicious violence committed against me, my family, my friends, my countrymen by a roque Government tyrant. Remember Clarence the humane of it all.

With each crucifixion Government believes it wins. However, they fail to realize they have already lost. History will write truth it cannot be changed. What follows is merely an exorcist of demons lifting the shroud before the bones are interred. With honor I shall perish, the truth be known, and  traitors shall for all time be traitors. The evil men do lives forever after them.Let this evil be known.

Yes America as I challenge these criminal acts of treason in the highest courts in the land the cases are presided over by judges appointed to the bench by these very traitors, even judges  who assisted in designing this very legislative act of war on We The People. Call me a Liar Sue me for Liable the best defense is truth.  I will apologize to know one and accept only the views of an honest unbiased jury trial bestowed with  all relevant evidence. I have many goals but only one mission the end of oppression “Enough is Enough”

When I started this quest I did so having discovered the treason and learning of its prior victims. I believed in the power of the law and the constitution, unaware all branches of the peoples Government had become enemies of the people joining in this treason on the Constitution and the Sovereign people.

For these acts of Treason what punishment shall Congress bestow upon itself?

Each Vote for this legislation was an act of treason,an act of war, each vote that of a traitor. Those who sought this legislation are known and are Traitors. Every traitor of the Constitution of the United States is an enemy of Freedom an enemy of We The People, an enemy of mine. Every individual who protects a traitor or enforces his acts of treason on the people is an enemy of the people. As traitors you have committed acts of war on the people of this nation, you have become soldiers of oppression and as soldiers you are  subject to becoming casualties of the war on you and me. View the list of traitors here.S. 1970 (103rd): Department of Agriculture Reorganization Act of 1994

Through all of this, I have blogged the experience, twitted, posted to Facebook, Google, Tumblr, instagram, created petitions, seeking help of my fellow citizens, Help from any media light, all to no avail. Only when We The People demand Government follow our laws will they. History has repeatedly shown Governments left to their own will become tyrannous oppressive despots. Sleeping or awake you are a victim of this war; you are the power of this war. Only a fool powers the destruction of his own rights to life, liberty, and the pursuit of happiness, and only tyrants seek to dispose of them.

“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.” Thomas Jeferson Declaration of Independence.

The Founding fathers segregated Government power by design, knowing what history had thought them. Today that segregation has been usurped the Government has become but one single oppressive despotic entity warring against the people its supposed to serve for its own self-interest. We The People must demand Government abide by our law that our freedom remains.

I had the great misfortune to unwittingly become both a causality and a solider in a war perpetrated by traitors against me, my family, my friends, and my countrymen, by a Government, created to protect the life liberty, property and the pursuit of happiness of the same. Government for, of, and by the people, has made itself  a “TRAITOR” and mine enemy.

While I have fought this battle alone, I fight for We. I cannot win a war against a completely corrupted and evil Government in all its branches without the help of a Nation and the shine of medias light. Turn on the light! Where is the light? Although, I will do what I can until my soul is free. They care not for the lives of anyone, only for their transient power and passions. How many Senators, Congressmen, Judges, Government employees would like this information to remain hidden from the public? I can tell you all major media is refusing to disclose this truth. Without light and without the commitment of WE stopping the oppression will be quixotic.

At the very least history must reflect the truth of this treason the criminal unconstitutional acts of violence on the American Farmer called the Agricultural Reorganization act of 1994. While I battle with civility, that civility, all to soon must end, and take more of me than anyone should ever be asked to suffer. I have, and do declare my Independence. Government has chosen to nullify the peoples social contract. They now must kill me or fear me or atone for their sin.

Einstein  told us there are three kinds of people Good, Evil, and Stupid. Which one are you?

My deepest sympathies to all those who have suffered the terrorism, abuse and oppression of this  Government, which has stolen the peoples, power for evil. Piggford, Garcia, Love, and especially Paxton to name a few. At some point for all the sooner, the better, the evil will become insufferable and the inevitable revolution will ensue. It should be obvious why terrorist target US this Government is likely at war with them for its own interest as well and not the will of the people.

This Government Constitution has failed at the hands of treason from with in. At the hands of traitors seeking  to conform the world to their desired views for its future. At the hands of fools with egos to grand to atone for their mistakes.The people’s representation as traitors allowed the mutilation of the constitution. Grand superciliousness by the peoples representation to undermine the Constitution of the United States. The U.S. Constitution was a noble effort and the lesson of its failure, people must stay vigilante to protect their rights from those who would rule the world if we let them. Such power in the hands of a cabal can only bring oppression making  us all servants in a war on you and me.

The reality of these treasonous acts leaves me with affiliation to but one party, the party of Patriots. A party for truth, honor, justice for all, A party of life, liberty, and the pursuit of happiness for all. I call for creation of a new party politic, a militia of patriot soldiers must unite in a quest to regain freedom from traitors and tyrants.

The next American Revolution is coming and farmers have every right even an obligation to target the list of traitors who saw fit to dismantle a constitution built on a thousand years of lesson.

Friends, Americans, Countrymen lend me your ears.

CBJulian

Not a Pro Pro Se Per Se

Blue Ridge Springs,

Patriot Soldier of Misfortune.

@blueridgespring

Blueridgesprings.wordpress.com

Blueridgesprings.com

Dear America From Blue Ridge Springs

Dear America From Blue Ridge Springs

March 25, 2016

To The American People, We The People!

Re: Why We Have GOP SCOTUS Obstructionism:

 

Dear We The People,

I  filed a civil lawsuit against a criminal enterprise operating from the office of the President in September 2013 case # 4:13-cv-00054JLK. Only an aggrieved Private Citizen has the law and standing behind them to prosecute such a case. I would not have brought this case unless I believed I can prove it.

This Racketeering Enterprise was, and is an act of “TREASON”. It was established with the Agricultural Reorganization Act of 1994. This legislation was driven by; then Vice President Al Gore, former President William Jefferson Clinton, then Senator Joe Biden and Senator Patrick J. Leahy, Congressmen Kika De La Garza, and Jack Brooks. It had additional support from many other legislators most notably congressmen John Conyers and Senators Chuck Grassley.

Multiple class action discrimination settlements totaling 4.4 billion dollars including Piggford I an II followed the enactment of this legislation, these were false flag cries of discrimination, justification for, pay off, this legislation, and Presidential vote getters.A testament to the  fact this was a war on farmers and not about racial discrimination is that to date every racial ethnic group has filed suit for discrimination although, white farmers were denied grounds for discrimination. Additionally, their numerous accounts of legislators, lawyers, etc claiming there was no discrimination.  This is not about discrimination it’s a secret unconstitutional criminal war on farmers.

Andrew Brietbart called the Piggford settlements the greatest fraud ever perpetrated on the American people. I don’t know? If he ever knew? The real fraud wasn’t the payoffs, but, the treason committed on the American Farmer  and the Constitution of the United States with the enactment of this legislation.

The Federal Courts criminally and corruptly dismissed this racketeering case. The Fourth Circuit Court of appeals gave this corruption a wink and a nod case #’s 14-1480, 14-1925.

I filed a writ of certiorari with the Supreme Court petition 14- 1051 on February 27, 2015.

On March 9, 2015 the Supreme Court issued a ruling in Perez v. Mortgage Bankers Association. I believe the Supreme Court spoke out in this ruling about the Governments enterprise with the individual opinions expressed in this case, Clarence Thomas most honorably spoke to the issues in depth. However, the most disturbing statement the Honorable Judge made quoting Judge Scalia is ”

(“It is not for us to determine, and we have never presumed to determine, how much of the purely executive powers of government must be within the full control of the President. The Constitution prescribes that they all are”).

Serious Question America does this imply the Supreme Court views the President as having power to violate the supreme law of the land? Power to War against the Constitution? To war against We The People?

Interesting who chaired the Senate Judiciary committee during Clarence Thomas confirmation hearings? If you listen carefully to this bit of history you’ll discover Judge Thomas is accusing the Senate Judiciary Committee of racial discrimination. A High Tech lynching as he describes it. If true and I believe it was. In fact I believe the whole episode was part of effecting the treason in process. See the Politico article Bidens Anita Hill Problems for a refresher. Or Watch on Youtube Clarence Thomas: Supreme Court Nomination Hearings from PBS NewsHour and EMK Institute

Yes, I know exactly how you feel Judge Thomas Enough is Enough! This racketeering enterprise destroyed my life, no process has ever been so debilitating, I never asked for this role, but this is not what America is all about. I’m a victim of a Government run criminal enterprise, this enterprise has destroyed my life’s work. My name, integrity,character have all been harmed, my family my friends have been harmed.

“Enough is enough”!

April 2015 I wrote the President of the United States requesting he perform his sworn duty under Article 2 Clause 3 to uphold the laws and the Constitution of the United States. He has never responded to this letter in any manner. He is in fact pursuing ever-greater expansive policies to further the goals of this criminal enterprise with the EPA, BLM, and USDA.See Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing!

The Democratic Establishment is abusing in a war on the people and the constitution the judicial doctrines of Chevron, Seminole Rock, and Auer Deference in a war for green growth, smart growth, sustainable, and save the planet plans limiting the use and ownership of private property, and, in many cases, leading to the confiscation (Taking) of personal property and its return to wilderness.” A plan born from Al Gore’s commitment to UN Agenda 21 ,at a UN conference in Rio De Janeiro in 1992, and a prime objective of the Racketeering enterprise on which the lawsuit was based.

November 2016 I filed a lawsuit in the court of Federal Claims, “The so called Conscience of the Nation” because the Judiciary criminally dismissed my racketeering charges, broke a promise to the American People, and to me, a contract offer to a private citizen to become a prosecutor to prosecute just such a criminal enterprise operating within a legitimate government.

The Judge Assigned to this case # 1:15-cv-01344EJD was Edward J. Damich appointed to the bench by none other than William Jefferson Clinton and who’s employment record indicates he may well have been the chief legal risk management architect for the implementation of this criminal, unconstitutional, treasonous, racketeering enterprise between 1993,1994.

February 4, 2016 Judge Edward J. Damich declined to attest to  abide by his oath of office. See his written opinion here> What honor does a Judge have who to affirm his oath of office.

On February 13 2016 Anton Scalia, a highly out spoken jurist on the abuses of Chevron, Seminole rock, Auer deference and related abuses within the Administrative Procedures Act passed away under suspicion. As proof of the claim he was an out spoken jurist I suggest you look at the  opinions in 

Talk America, Inc. v. Michigan Bell Telephone Co., 564 U. S. ,

Decker Oregon State Forester, Et Al v. Northwest Environmental Defense Center No. 11–338. Argued December 3, 2012—Decided March 20, 2013*

Whitman v. United States, 574 U.S. ___ (November 10, 2014).

AND

Perez v. Mortgage Bankers Association No. 13–1041. Argued December 1, 2014—Decided March 9, 2015

I also suggest you consider these in relation to the Obama administrations EPA efforts on Coal, and Water as well as BLM activities in Texas.

March 10, 2016 Judge Edward J. Damich having refused to attest to abide by his oath of office dismissed case 1:15-cv-01344EJD with reasonless summary judgment.

On March 18, USPS confirms delivery in the United States Court of Appeals for the Federal Circuit receipt of a writ of mandamus filed to remove Judge Edward J. Damich from case 1:15-cv-01344 and vacate his judgment.Writ of Mandamus

As of March 25th that writ has not been docketed on the courts docket.

It should be a clear sign of a lack of independence and integrity  by the U.S. Judicial Court system for America to know;  Chief Judge Sharon Prost of the Court of Appeals in the Federal Circuit was Judicial Council for the Senate Judiciary Committee of Joe Biden at the time of this racketeering enterprise legislation, passage, and at the same time Judge Edward J. Damich was likely designing it.

Update- 6-13-2017 The writ of Mandamus was converted by the court of appeals to a request for appeal. This criminal maneuver eliminated my case form ever having a fair an unbiased hearing all the more so as the appeal was assigned to none other than Chief Judge Sharon Prost.

America has a serious problem with the good ole boy network of the ABA, in American politics, legislature, courts,even the Presidents cabinet. The biggest problem of all is when they choose not to abide by the law  abusing immunity and allowing the  corps to  protect itself. The rule of law is defined as not based on the decisions of Government officials. This nation has become the subjects of tyranny and oppression at the hands of a criminal, treasonous, and corrupt Federal Judiciary.

I’m all for save the planet initiatives BUT, not at the expense of treason on the people, and the Constitution of the United States of America!

This Criminal Enterprise  raped, robbed, and tortured my mother, my wife, myself, my daughter, countless others ands taken property without due process in a country where the constitution “The Supreme Law Says in ” The Fifth Amendment and Fourteenth Amendment to the United States Constitution that governments cannot deprive any person of “life, liberty, or property” without due process of law. These atrocious crimes will continue unless their somehow stopped.The very reason I attempted to accept the job of prosecutor.

America where do the people turn when the President, Congress, Senate, and the Judiciary of a Nation support treason, warring against the constitution of the United States,and their sworn duties, to We The People? This was and is government working in its own interest against the society its paid to serve.

I truly believe this is why the GOP is declining even to vet a new Supreme Court justice and while a green, left, liberal, progressive conservationist I support the GOP on this!

Update 6-17-2017 Note the GOP chose to take the Nuclear option to put judge Neil Gorsuch on the bench as a replacemnet to Anton Scalia.

The Agricultural Reorganization Act of 1994, signed into law by William Jefferson Clinton was the greatest act of treason by traitors to the Constitution of the United States  to occur in the 240 year history of the Constitution! And Al Gore Called it: A model for Government Agencies cited for its efficiency” by Gore in his national performance review, “creating a government that works better and cost less. “ Thats a Government working better for its own self interest and not We The People!

I’m sorry America but Treason is Treason and what these traitors have done tortures and terrorizes Americans, its devastation to American lives far exceeds the act to protect their freedoms by Edward Snowden. What a bunch of hypocrites! ! !

I cannot imagine the cognitive dissonance or ridicule this letter could face. However, All I ever asked was for my day in a court of law before a jury of my piers to make my case. It has been repeatedly denied. Do not prosecute me without granting me my right to a Jury Trial! America should demand the Government stand trial before a jury for running a criminal enterprise from the executive offices of the President!. No one is above the law (REALLY) ?

Only We The People working together can escape tyranny and oppression and move a country forward. These representatives have shamefully set us back more than 200 years!

America we need honesty, integrity, responsibility and accountability. We need a real revolution for a generation of WE not ME.

I know many ways our Government could be operating better. So many ways we could be focused on a greener cleaner future. I’ve often considered running for office. However, I could not withstand the frustration of dealing with so many obstructionist, focused on the I and me’s to envision and work for a world for We. No only as dictator of the world could the true potential of a world for we be obtained. But theirs only one dictator suited for such a job and that dictator is “We The People” wake up, stand up hold them accountable and responsible for their actions that means YOU you are We The People!

The baby boom generation is still in power. Look at the mess they’ve made! These are despicable, hypocritical, narcissistic psychopaths ruining the world kick them out on their asses and put those who perpetrated treason in hell.

Please choose a new President very carefully!

Update 6-17-2017 – America you did not heed my warning and elected Donald Trump.

Please! Demand an end to the immunities our constitution never mentioned that we may hold tyranny and oppression at bay.

Please demand the Grand Jury return from the ashes to protect us form judges who succumb as Thomas Jefferson warned to the passions for party, for power, and the privilege of the corp.

I truly believe the ABA has become King of despotic tyranny.

Help us find justice in America and move this country forward. Remember the words of Cicero

“A Nation can survive its fools, and even the ambitious, BUT it cannot survive “TREASON’ with in”

Congress, the judiciary, and even the President of the United States have demonstrated the sacrifices they’re willing to make to continue supporting this criminal, unconstitutional act of treason on the American People. see Anatomy of a Criminal Threat Absent Malice

CB Julian

Patriot Solider of Misfortune

@blueridgespring

blueridgesprings@wordpress.com

blueridgesprings.com