Exposing Judicial Unaccountability and Consequent Riskless Wrongdoing, and Advocating Judicial ReformDr.Richard.Cordero.Esq@cantab.net
Exposing
of
judicial unaccountability reporting
A study of coordinated wrongdoing as judges’ institutionalized modus operandi and its out-of-court exposure through a multidisciplinary academic and business venture based on strategic thinking centered on dynamic analysis of harmonious and conflicting interests
http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf or
http://1drv.ms/1IkvhB8 or
Dr. Richard Cordero, Esq. Ph.D., University of Cambridge, England Judicial Discipline Reform 2165 Bruckner Blvd., Bronx, NY 10472-6506
M.B.A., University of Michigan Business School tel. +1(718)827-9521; follow @DrCorderoEsq
D.E.A., La Sorbonne, Paris www.Judicial-Discipline-Reform.org Dr.Richard.Cordero_Esq@verizon.net
as of April , 2016
Pioneering the news and publishing field of judicial unaccountability reporting
This study analyses official statistics, reports, and statements of the Federal Judiciary
showing that its judges are unaccountable and their operation is pervaded by secrecy; conse-
quently, they risklessly do wrong in self-interest and to people’s detriment, which calls for reform.
In the last 225 years since the creation of the Federal Judiciary in 1789, only 8 of its
judges have been removed from the bench 14
. They hold all their adjudicative, policy-making, ad-
ministrative, and disciplinary meetings behind closed doors and never appear before a press con-
ference(Lsch:2§A). They act with impunity. The evidence reveals their motive, means, and op-
portunity(jur:21§§1-3) to engage in financial and non-financial wrongdoing(jur:5§3) by abusing
power to deny due process, disregard the law, and decide by reasonless summary orders 66
. They
have hatched a system of wrongdoing so routine, widespread, and coordinated(88§a-c) among
themselves 213
, e.g., running a bankruptcy fraud scheme(65§§1-
3), as to have turned wrongdoing into their Judiciary’s institutionalized modus operandi(49§4).
The presentation(97§1) of this evidence and of the findings of its further investigation
(100§§3-4) can outrage(83§§2-3) the national public and set off a Watergate-like(4¶¶10-14) gen-
eralized media investigation(ol:55). Its findings can cause the public to demand official investiga-
tions of the judges and the top politicians(77§§5-6) conniving with them. The official investiga-
tors, exercising their subpoena, search & seizure, contempt, and penal powers and holding public
hearings, will be able to make even more outrageous findings. A more deeply outraged public
will force politicians to undertake reform that will treat judges as what they are: public servants
hired to perform a service and accountable for their performance to their masters, We the People.
Public support for the investigation of the Federal Judiciary will embolden journalists and
officials to investigate state judiciaries and hold their judges accountable. Public demand for
judicial reform(158§§6-7) can include the establishment of citizen boards of judicial account-
ability and discipline(160§8). Such boards can constitute the first mechanism through which the
people conduct ‘reverse surveillance’(Lsch:2) on their government. The ensuing new People-
government relation can foster the formation of a Tea Party-like national civic movement(164§9)
that turns government effectively ever more of, by, and for the people: the People’s Sunrise.
Journalists, politicians, and advocates of honest judiciaries thinking strategically by
applying dynamic analysis of harmonious and conflicting interests(Lsch:14§§2-3) can be
rewarded by disseminating and further investigating the evidence presented here. They can:
a) cause one or more justices to resign, as they did J. Fortas in 1969(92§d), and win a Pulitzer Prize;
b) run on a winning platform that promises to hold all public servants accountable; and
c) be recognized as the People’s Champions of Justice who brought down Judges Above the Law.
Dr. Cordero offers(Lsch:1; ol:54) to present(Lsch:9) the evidence of judges’ wrongdoing
and show how you and your colleagues can join his professional team(ol:119) to further investi-
gate(ol:115) it; and how to develop the novel news and publishing field of judicial unaccounta-
bility reporting through a multidisciplinary(jur:131§b) academic(128§4) and business(119§§1-3)
venture. The latter can begin with two unique stories(ol:55) involving top officers(63), an inves-
tigative plan(66), and the potential to dominate the mid-term election campaign(70) and beyond.
Dare trigger history!(jur:7§5)…and you may enter it!
Corderoric
ABSTRACT OF THE STUDY
Pioneering the news and publishing field of judicial unaccountability reporting
This study* analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeach- ability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, as well as other social and professional benefits make doing wrong to grab them tempt- ing; and millions of in practice unreviewable cases make the temptation ever-present. These are the means, motive, and opportunity for judges to do wrong and for their wrongdoing to be inevitable.
Judges do wrong in such regular, widespread, and coordinated fashion as to have turned wrongdoing into their institutionalized modus operandi and the Judiciary into the safe haven for judicial wrongdoers. Their abuse of power entrusted to them by We the People is a betrayal of trust. Engaging in it and giving priority to covering it up to protect themselves and their peers injure in fact people’s rights, property, liberty, and life; and deprive the People of their funda- mental human, civil, and due process right of access to fair and impartial courts. Exposing the existence, scope, and gravity of their wrongdoing to the national public will cause such outrage as to enable the media and voters to force legislated, rather than voluntary, judicial reform, lest politicians be voted out of, or not into, office; this is realistic, as the Tea Party precedent shows.
The exposure is started by the study, whose publication will pioneer the news and pub- lishing field of judicial unaccountability reporting. It can be continued at a presentation by the author held at a law school attended by its members and those of business, journalism, and IT schools, civil rights advocates, and the media. The evidence of judges’ wrongdoing will introduce the call for ‘reverse surveillance’ over them by We the People, as opposed to the mass surveillance over the People by the NSA with judges’ rubberstamping approval revealed by Edward Snowden. The presentation can give rise to the formation of a multidisciplinary team of students, professors, journalists, and civil rights advocates to conduct reverse surveillance through a Follow the money! and IT Follow the wire! investigation. The team can organize the first of a series of multimedia conferences to report to the national public its findings and expose judges’ pattern of disregard of the law. It will announce the formation of a multidisciplinary academic and business venture to promote 1. the establishment of local chapters to surveil, report, and ad- vocate reform a) based on transparency, accountability, discipline, and judges’ and the Judiciary’s liability to their victims, and b) implemented with the aid of citizen boards; 2. the creation of a for-profit institute to conduct IT research, educate, publish, etc.; and 3. the submission of articles on judges’ abuse of power and secrecy for publication in a volume that can lead to a periodical.
Such reform will be of historic proportions although it will only implement foundational principles of our republic: We the People are the only source of sovereign power, who entrust a portion of it to each public servant and to whom each is accountable, for none is beyond our control or above the law. The reform can begin in the Federal Judiciary and extend to Congress, the Executive Branch, the states, and the rest of the world. A new We the People-government paradigm can emerge: the People’s Sunrise. Those who are instrumental in its emergence can become recognized here and abroad as the People’s Champions of Justice. Dare trigger history!
EXECUTIVE SUMMARY
Section A(jur:21) discusses the means, motive, and opportunity enabling federal judges to do wrong. They wield their decision-making power with no constraints by abusing their self- disciplining authority to systematically dismiss 99.82% of the complaints filed against them. This allows them to pursue the corruptive motive of money: In CY10 they ruled on $373 billion at stake in personal bankruptcies alone. While all bankruptcy cases constitute 80% of the cases filed every year, only .23% are reviewed by district courts and fewer than .08% by circuit courts. Such de facto unreviewability affords judges the opportunity to engage in wrongdoing, for it is riskless and all the more beneficial in professional, social, and financial terms. Yet Congress and journalists abstain from investigating their wrongdoing for fear of making enemies of life- tenured judges. Hence, federal judges enjoy unaccountability. It has rendered their wrongdoing irresistible. They engage in it so routinely and in such coordinated fashion among themselves and with others as to have turned it into the Federal Judiciary’s institutionalized modus operandi.
Section B(jur:65) describes DeLano, a case that can expose one of the gravest and most per- vasive forms of wrongdoing: a judge-run bankruptcy fraud scheme. The DeLano bankruptcy judge was appointed and removable by his circuit judges. The appeal was presided over by Then-Circuit Judge Sotomayor. She and her peers protected their appointee by approving his unlawful denial of, and denying in turn, every single document requested by the creditor from the debtor, a 39-year veteran bankruptcy officer, an insider who knew too much not to be allowed to avoid accounting for over $ of a million. The case is so egregious that she withheld it from the Senate Committee reviewing her justiceship nomination. Now a justice, she must keep covering up the scheme and all her and her peers’ wrongdoing, just as she must cover for the other justices and they for her.
Section C(jur:81) explains how judges cover up their wrongdoing through knowing indifference and willful ignorance and blindness; and how their standard “avoid even the appearance of impropriety” can support a strategy: DeLano exposed, an outraged public will cause a justice to resign, as it did J. Fortas, and the authorities to investigate judges and undertake judicial reform.
Section D(jur:97) deals with exposing judges’ unaccountability and wrongdoing through the use of DeLano at a multimedia presentation targeted on opinion multipliers, broadcast to the public, and intended to launch a Watergate-like generalized media investigation of wrongdoing in the Judiciary guided by the query, “What did the President and judges know about Then-Judge Sotomayor’s concealment of assets and other judges’ wrongdoing, and when did they know it?” and aimed at demanding that the President release the FBI vetting report on her. The presentation will be an Emile Zola I accuse!-like denunciation to pioneer judicial unaccountability reporting.
Section D4(jur:102) proposes a Follow the money and the wire! investigation of the DeLano-J. Sotomayor story. It implements the strategy of judicial unaccountability and wrongdoing expo- sure, not in court before reciprocally protecting judges, but journalistically. It can be cost-effec- tive thanks to the leads extracted from over 5,000 pages of the record of DeLano, which went from bankruptcy court to the Supreme Court. It can be confined to, or expanded beyond, the Internet, D.C., NY City, Rochester, and Albany; and search for Deep Throats in the Judiciary.
Section E(jur:119) Proposes a multidisciplinary academic and business venture to promote judicial unaccountability reporting and reform. From informing the public and assisting victims of judicial abuse tell their stories, it should lead to the creation of an institute to conduct IT re- search; train reformers; advocate a legislative agenda; call for citizen boards of judicial accountability and an IG for the Judiciary; and become a champion of Equal Justice Under Law.
Section F(jur:171) Offers to present at law, journalism, business, and IT schools, media outlets, and civil rights entities the evidence of judges’ unaccountability and wrongdoing; call for the formation of a multidisciplinary team of professionals to conduct further investigation and devel- op the news and publishing field of judicial unaccountability reporting; and dare trigger history!
http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf ToC:i
Introduction: The goal is not just to expose wrongdoing, but
also to trigger history! .................................................................................... jur:1
A. Means, motive, and opportunity of federal judges to engage in, and so to coordinate their, wrongdoing as to make it their institutionalized modus operandi and render their Judiciary a safe haven for wrongdoing ............................... jur:21
B. In re DeLano, Judge Sonia Sotomayor presiding, and her appointment to the Supreme Court by President Barak Obama: evidence of a bankruptcy fraud scheme and her concealment of assets dismissed with knowing indifference and willful blindness as part of the Federal Judiciary’s institutionalized modus operandi.............................. jur:65
C. Nature of wrongdoing and strategy to expose wrongdoing judges and their Federal Judiciary ............................................. jur:81
D. Multimedia public denunciation and investigation ..................... jur:97
E. Multidisciplinary academic and business venture and
creation of institute of judicial unaccountability reporting and legislated reform advocacy ................................................. jur:119
F. Offer to present evidence of wrongdoing and plan ..................... jur:171
G. Graphs ........................................................................................ jur:9
III. Summarizing articles for specific audiences and purposes ....................................... jur:ii
IV. Initiative to join forces with the International Consortium of Investigative Journalists .............................................................................................. ol:1
V. Offer to make a presentation to expose judges’ wrongdoing and propose a plan of action to achieve legislated judicial reform ......................... Lsch:1
VI. The DeLano Case Course and the Organization of the Public Presentation ................................................................................................................dcc:1
VII. Information for Literary Agents and Book Publishers ............................................. a&p:1
VIII. Blurbs and Synopses of Creative Writings ................................................................... cw:1
____________________________________________________
© 2012 Richard Cordero. All rights reserved. The submission or availability of any link to
this file –understood as a digital unit, a unit of content, a document, or any part of any of
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jur:
3. Executive summary of sections ...................................................................... Prefatory:iii
4. Politicians and their staff ........................................................................................ ii, xxvii
a. Electoral interest in becoming The Champion of Justice .................. xxx, xxxiv§4
b. Key points for the public presentation of evidence of judges’ wrongdoing .................................................................................................. xvii§§B-D
c. The most enduring and substantial legacy: To trigger history! .........................7§5
5. Journalists ................................................................................................... xlv§§E-I, ol:1, 37
a. The problem, objective, and strategy ......................................................... xix, xviii
b. Breaking the news at a multimedia presentation ............................. xxxiv§4, 97§1
c. Setting off a Watergate-like generalized media investigation ......................... xix,
.......................... 4¶¶10-14, 100§3
d. Outline of the investigation ..................................................... xxxii§B; xlviii, 102§4
6. The people ........................................................................................................................ ol:2
a. Making their point at political meetings and handouts for doing it ................................................................................................... xix, xxiv, xxvi
b. Novel strategy for exposing judicial wrongdoing ............... xxix, xxxix, 83§§-2-3
7. Objective evidence of judges' wrongdoing ....................................................... Lsch:2§A
a. Statistical evidence; further research ................................................ 21§§1-3; 131§b
b. Forms of wrongdoing ............................................................................... 5§3, 88§a-d
c. The story: From concealment of assets to P. Obama, J. Sotomayor & the SCt ...................................................................................... xxxv, 65§B
8. Academic and business venture ................................................................................119§1
a. Offer to present the investigation and the venture ............................ 171§F; dcc:7
b. The DeLano Case Course, with week to week classwork Syllabus ..................................................................................................... dcc:1, dcc:23
Corderoric
II. Exposing Judges’ Unaccountability
and Consequent Riskless Wrongdoing Pioneering the news and publishing field of
judicial unaccountability reporting jur:page#
Introduction: The goal is not just to expose wrongdoing, but also to trigger history! .............................................. jur:1
1. The enabling conditions of judges’ unaccountability and wrongdoing .........................1
2. The media’s failure to report on judges’ wrongdoing .......................................................2
3. Sampler of the nature and gravity of judges’ wrongdoing ..............................................5
4. The sections of the proposal: the evidence of unaccountability and wrongdoing, further investigation, and advocacy of judicial reform .............................6
5. From the initial presentation of the evidence to the triggering of history! ........................7
A. Means, motive, and opportunity of federal judges to engage
in, and so to coordinate their, wrongdoing as to make it their institutionalized modus operandi and render their
Judiciary a safe haven for wrongdoing ...................................... jur:21
1. The means of unaccountable power ...................................................................................21
a. Only 8 federal judges impeached and removed in over 224 years: de facto unimpeachability and irremovability ..............................................................21
b. Systematic dismissal of 99.82% of complaints against judges and up to 100% of denials of petitions to review dismissals ...............................................24
c. Complaint dismissal without any investigation constitutes automatic abusive self-conferral of the wrongful professional benefit of immunity from discipline ...........................................................................................25
d. Abusive self-granted immunization for even malicious and corrupt acts ..................................................................................................................................26
e. All meetings held behind closed doors; no press conferences held .....................27
2. The corruptive motive of money ........................................................................................27
3. Opportunity for wrongdoing in millions of practically unreviewable cases ...............28
a. In the bankruptcy and district courts ........................................................................28
1) The power to remove clerks without cause allows judges to abuse them as executioners of their wrongdoing orders ..............................30
a) Provisions in the Judicial Code, 28 U.S.C.40, enabling removal without cause ........................................................................31
Corderoric
ToC:iv Table of Contents
2) Congress’s 1979 finding of “cronyism” between bankruptcy judges and lawyers and its failed attempt to eliminate it .............................32
3) Congress’s finding in 2005 of “absence of effective oversight” in the bankruptcy system shows that pre-1979 “cronyism” has not changed, which explains how a bankruptcy petition mill brings in the money and a bankruptcy fraud scheme grabs it .................................35
4) The incompatibility of the trustee's long list of duties with allowing him to amass thousands of cases if his overseers intend to require his discharge of them conscientiously and competently .........................................................................................................37
5) The trustee's interest in developing a bankruptcy petition mill and the judges' in running a bankruptcy fraud scheme ...............................39
6) The economic harm that a bankruptcy fraud scheme inflicts on litigants, the rest of the public, and the economy ..........................................42
b. In the circuit courts ......................................................................................................43
1) Summary orders, «not for publication» and «not precedential» decisions ...............................................................................................................43
2) Systematic denial of review by the whole court of decisions of its panels ....................................................................................................................45
3) De facto unreviewable bankruptcy decisions .................................................46
c. In the Supreme Court ..................................................................................................47
1) Capricious, wasteful, and privacy-invading rules bar access to review in the supreme court ..............................................................................47
2) Unreviewability of cases and unaccountability of judges breeds riskless contempt for the law and the people .................................................48
4. Wrongdoing as the institutionalized modus operandi of the class of federal judges, not only the failing of individual rogue judges .....................................49
a. The absence of an independent and objective inspector general of the Federal Judiciary allows the judiciary to escape oversight and be in effect above constitutional checks and balances .....................................................49
b. Individual fraud deteriorates the moral fiber of people until it is so widespread and routine as to become the institutionalized way of doing business ..............................................................................................................50
c. A class of wrongdoing priests protected by the Catholic Church's cover up makes credible the charge of a class of judges protected by the Federal Judiciary's cover up .................................................................................52
d. Life-tenured, in practice unimpeachable district and circuit judges
jur:
http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf ToC:v
e. Enforcing class loyalty: using a stick to subdue a judge threatening to expose their peers’ wrongdoing ................................................................................56
1) Not reappointing, banishing, ‘gypsying’, and removing a bankruptcy or magistrate judge ........................................................................56
2) Ostracizing ‘temporarily’ a district or circuit judge to inhospitable or far-flung places ........................................................................58
f. The carrot of reputational benefit among equals: rewarding class solidarity with an at-pleasure or term-limited appointment ................................60
g. The wrongful social benefit of acceptance in the class of judges and avoidance of pariah status due to disloyal failure to cover up peer wrongdoing rewards complicit collegiality over principled conduct ..................62
5. From general statistics of the Federal Judiciary to particular cases that illustrate how wrongdoing runs throughout it and harms people ...............................62
B. In re DeLano, Judge Sonia Sotomayor presiding, and her
appointment to the Supreme Court by President Barak
Obama: evidence of a bankruptcy fraud scheme and her
concealment of assets dismissed with knowing indifference
and willful blindness as part of…