Dr Z Digitally signed

by Joseph Zernik
Joseph Zernik, PhD DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750; email=jz12345@e
arthlink.net, c=US
Fax: 323.488.9697; Email: jz12345@earthlink.net Date: 2010.05.11
15:06:54 +03'00'
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert

10-05-11 Robber Baron Revival Era – Elena Kagan, etc…

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Date: Tue, 11 May 2010 14:17:04 +0300
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From: joseph zernik <jz12345@earthlink.net>
Subject: Robber Barons Revival Era, Elena Kagan, Leon Panetta, Sonia
Sotomayor, Robert Mueller, Hugo Black, Louis Brandeis, Felix
Frankfurter, Benjamin Cardozo... Richard Fine
Cc: "Smith, Darcy \(USMS\)" <Darcy.Smith@usdoj.gov>
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Senator Leahy Nominee Kagan

Robber Barons Revival Era, Elena Kagan, Leon Panetta, Robert Mueller, Sonia Sotomayor,
Hugo Black, Louis Brandeis, Felix Frankfurter, Benjamin Cardozo...

Elaborating on Senator Leahy's comments, copied below:

1) Selection of a candidate from outside the "judicial monastery"...

Was a prudent one, in an of itself, regardless of the individual candidate and her record, yet to be
studied. In that respect it should be compared to:
a) Appointment of Leon Panetta to head the CIA - as a positive example: Appointment of an outsider
to head the agency represented an attempt to reign in the CIA, an agency that had routinely fed the US
Congress and the people of the US with false reports - including, but not limited to assessment leading
to entering the war in Iraq, and an attempt to subject such agency to the rule of law.

b) Appointment of Sonia Sotomayor to the US Supreme Court - as a negative example: Appointment

of an insider and inbreeding. Such nominee, by now an Associate Justice of the US Supreme Court,
was tainted by resorting to the routine practices of the US Court of Appeals, 2nd District, such as were
documented in the case of Huminski v Town of Bennington Vermont, and which were alleged as fraud:
First - in the mandate produced and served on Appellant Huminski by the US Court of Appeals, 2nd
District, with no verification and no authentication at all, [1] and a second time - in including such false
and deliberately misleading court record in then nominee Sotomayor's responses to the US Senate
Judiciary Committee, as part of the nomination/confirmation hearings. [2]
In fact, had a nominee been announced, who had previously served in any of the US courts, it would
have been easy to immediately produce evidence of fraud on the bench by such nominee - based on
practices in the US courts in their newly completed online public access - PACER, and case
management - CM/ECF systems. [3] In the case of Sotomayor, such evidence was produced only
after the confirmation. [1] [2]

President Obama would be prudent to follow the practices he demonstrated in the nominations of
Panetta and Kagan in the pending nomination of a new FBI Director to replace Robert Mueller III -
nominate the best candidate for the job, who never sat on the bench and never served as a US
prosecutor. Again - such nomination may allow to reign in an agency, which routinely feeds the US
Congress and the US people with false reports - including, but not limited to the ongoing aimless
investigation of alleged criminality underlying the current financial crisis, and the ongoing refusal of FBI
and US Dept of Justice to address alleged racketeering by judges in Los Angeles County, California,
even upon inquiries by US Congress. [4]

Page 2/6 May 11, 2010

2) Comparison to Justices Hugo Black, Louis Brandeis, and Felix Frankfurter...

It wouldn't take much mind-reading to figure out at least one of the reasons behind the mention of such
justices... Black, Brandeis, and Frankfurter were critical in allowing the New Deal to go through, in
piercing the veil of corporate structures, in holding corporation accountable, and in restoring some
semblance of integrity to US financial systems in the wake of the stock market crash and the Great
Depression. Justice Benjamin Cardozo could have been added to the list as well - on that account,
albeit - an insider of the "judicial monastery". Senator Leahy no doubt realizes that today's dysfunctional
US banking regulation, dysfunctional US Courts, ongoing high-risk conditions of US in financial
infrastructure, and large-scale alleged extortion by large financial institutions on the people of the United
States, [5] all go hand in hand...

In fact, the US courts have ushered in the Robber Barons Revival Era.

Joseph Zernik, PhD

http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert
http://www.liveleak.com/user/jz12345
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine
Patriotic pics of Beyonce' Knowles, Sharon Stone, and Charlize Theron,
Coming soon- deep house music!

PS:

Richard Fine:
As for the falsely hospitalized, 70 yo, former US prosecutor Richard Fine, named in comments copied
below - he is proposed to head the "Truth and Reconciliation Commission," which would be
required once the case of PACER and CM/ECF is investigated, and once First Amendment right is
enforced - public access to court records to inspect and to copy - - on the authentication records (or
lack thereof) of the US courts and US courts of appeals, now concealed by the US courts in CM/ECF.
[2]
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine

CC:
"Smith, Darcy \(USMS\)" <Darcy.Smith@usdoj.gov>

LINKS
[1] Alleged fraud by SCOTUS Associate Justice Sotomayor in Huminski v Town of Bennington,
Vermont:
http://www.scribd.com/doc/27386331/10-02-24-Huminski-v-Town-of-Bennington-Vermont-Alleged-
Fraud-by-SOCTUS-Associate-Justice-Sonia-Sotomayor-s

[2] Alleged fraud by SCOTUS Associate Justice Sotomayor in Appendix filed with US Senate Judiciary
Committee
http://www.scribd.com/doc/27382924/09-06-04-US-Senate-Judiciary-Committee-then-Circuit-Judge-
Sotomayor-apos-s-Questionnaire-Appendix

[3] Alleged large scale fraud in practices of the US courts pertaining to PACER and CM/ECF
http://www.scribd.com/doc/31136665/10-05-10-Human-Rights-in-the-Digital-Era-A-Call-for-Publicly-
Accountable-Validation-of-the-Justice-System-Case-Management-and-Online-Public-Access-S

[4] Alleged fraud on US Congress and the US people by FBI Assistant Director Kenneth Kaiser -
subject of pending complaint to the US DOJ Inspector General, and Congressional Inquiry by Senator
Dianne Feinstein:
http://www.scribd.com/doc/30979882/10-05-05-Chairs-of-US-Congress-Committee-of-the-Judiciary-
and-Banking-Requested-to-Join-Senator-Feinstein-s-Inquiries-on-Comptroller-of-the-Currency-and-US-
Dept-of-Justice-Inspector-Generals

Page 3/6 May 11, 2010

[5] Evidence of racketeering and extortion by Brian Moynihan and Bank of America forwarded to US
Congress and law enforcement.
http://www.scribd.com/doc/30981469/10-05-05-Press-Release-Evidence-of-Racketeering-by-Brian-
Moynihan-and-Bank-of-America-Corporation-Forwarded-to-US-Congress-and-Law-Enforcement-s

At 01:09 AM 5/11/2010, PM wrote:

Posted at The Blog of Legal Times, an ALM production:

http://legaltimes.typepad.com/blt/2010/05/early-reaction-to-elena-kagan-from-the-
senate.html

From the story, not to be confused with John Conyers, John Cornyn said:

There is no doubt that Ms. Kagan possesses a first-rate intellect, but she is a
surprising choice from a president who has emphasized the importance of
understanding how the world works and how ordinary people live.

May 10, 2010

Early Reaction to Kagan From the Senate

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has been a frequent
advocate of nominating Supreme Court justices from outside "the judicial monastery."
At a news conference, Leahy said Solicitor General Elena Kagan fits the bill.

Her nomination will bring to the Supreme Court a diversity of experience thats been
missing since Justice OConnor retired in 2006, said Leahy, alluding to retired Justice
Sandra Day OConnors experience as a justice on the Arizona Supreme Court and
state legislator.

Leahy said that some of the great justices in American history were elevated to the
Court from somewhere other than the U.S. Court of Appeals. He named Justices
Hugo Black, previously a senator, Louis Brandeis, who had been in private practice,
and Felix Frankfurter, who had been a law professor.

It was only in recent decades that the justices were all from the federal courts, he said.
Some of our most dynamic courts have been those where they came from different
backgrounds.

Leahy, who will chair Kagans confirmation hearing, did not give a date for the hearing
to begin. But he said senators jobs will be easier given that Kagan went before the
committee last year for confirmation as solicitor general. The questions become the
same. Youre talking about ones legal ability, ones legal background, Leahy said.

The top Republican on the Senate Judiciary Committee is focusing his early criticism
on Elena Kagans role at Harvard Law School in banning military recruiters from
campus.

Kagan, as dean, supported the law schools policy of banning recruiters if they
represented organizations in violation of the schools antidiscrimination policy.
Because the military does not allow gays and lesbians to serve openly, the policy
applied to military recruiters until Congress, with the support of the Supreme Court,
threatened to withhold funding from the school.

I do not believe it was acceptable for her to say, You cant even come on our campus,
because I disagree with you, said Sen. Jeff Sessions (R-Ala.), in an interview on CNN.

Page 4/6 May 11, 2010

Sessions said the committees Republicans will be looking over Kagans speeches and
writings, as well as her record as solicitor general, in lieu of any judicial record.
Sessions voted against confirming Kagan as solicitor general.

Sen. Jon Kyl (R-Ariz.) voted to confirm Elena Kagan as solicitor general, but the
Senates No. 2 Republican said today that he would not necessarily support her for the
Supreme Court.

As I made clear when I supported her confirmation as Solicitor General, a temporary

political appointment is far different than a lifetime appointment to the Supreme Court,
Kyl, the Senate GOP whip and a member of the Judiciary Committee, said in a
statement.

In the statement, Kyl also said that each senator has a constitutional duty to scrutinize
judicial nominees, and I will take great care in examining her record to ensure that she
possess the qualities the American people expect in our Supreme Court Justices. I
expect Senate Democrats will allow ample time for the Senate to conduct this vetting
process.

Kyl, in an appearance on Fox News, added that hed be exploring her lack of
experience.

Like Kyl, Sen. Orrin Hatch (R-Utah) said that Kagan cannot count on his support
based only on Hatchs vote to confirm her as solicitor general.

I will examine Ms. Kagans entire record to understand her judicial philosophy. My
conclusion will be based on evidence, not blind faith, Hatch, a former Judiciary
Committee chairman, said in a statement. I have an open mind and look forward to
actively participating in the confirmation process.

Hatch also said that the more important qualification is judicial philosophy and a
nominees understanding of the power and proper role of a Justice in our system of
government.

Though hes the Judiciary Committees second-ranking Democrat, Sen. Herb Kohl (D-
Wis.) is among those calling on Elena Kagan to expound on her own judicial
philosophy.

In a statement, Kohl today referenced a law review article in which Kagan argued for
Supreme Court nominees to be more forthcoming during the Senate confirmation
process. (Kagan advised then-Sen. Joe Biden (D-Del.) during the confirmation
hearing for Justice Ruth Bader Ginsburg.)

In light of her critique of Supreme Court confirmation hearings as often times a vapid
and hollow charade, in which repetition of platitudes has replaced discussion of
viewpoints and personal anecdotes have supplanted legal analysis, we certainly do
hope that she will provide us with substantive and meaningful insight into the kind of
Supreme Court Justice she would be, Kohl said.

Kohl said Kagan appears to be a well-qualified choice.

Sen. John Cornyn (R-Texas) is questioning whether President Barack Obama

followed his own advice in choosing a successor to Justice John Paul Stevens and in
doing so, hes taking a shot at some bastions of Americas elite.

There is no doubt that Ms. Kagan possesses a first-rate intellect, but she is a
surprising choice from a president who has emphasized the importance of
understanding how the world works and how ordinary people live, Cornyn said in a
statement.

Page 5/6 May 11, 2010

Ms. Kagan has spent her entire professional career in Harvard Square, Hyde Park,
and the DC Beltway. These are not places where one learns how ordinary people live,
Cornyn said.

A former state attorney general and justice on Texas highest court, Cornyn voted
against confirming Kagan as solicitor general. Ms. Kagan failed to answer many
questions posed by senators prior to her confirmation as solicitor general, he said in
todays statement. This failure led many members to oppose her nomination. I hope
that she will now more willingly respond to reasonable and relevant questions.

As a special counsel in the Senate during Ginsburgs confirmation hearing, Kagan

worked with another staffer who is now a member of the Senate Judiciary Committee:
Sen. Ted Kaufman (D-Del.).

I had the good fortune to get to know her in that context when I was then-Senator
Biden's chief of staff, Kaufman said today in a statement. Based on that experience
and everything I have seen since, I am absolutely convinced that she not only
possesses enormous intellect and consummate skill, but is a person of the highest
character and unquestioned integrity.

Kaufman, who was appointed to Bidens seat in the Senate, noted the accolades
Kagan received as dean of Harvard Law School.

As dean, she was lauded by faculty, students, and alumni across the political
spectrum for her ability to bridge disagreement by listening to all sides of an argument,
engaging honestly with everyone concerned, and making decisions openly and with
sound reasons, Kaufman said. She will bring her ability to build coalitions to a
Supreme Court that is too often divided, which will serve the American people well.

Sen. Arlen Specter (D-Pa.) said hes open to supporting Kagan for the Supreme
Court, despite his vote last year against confirming her as solicitor general.

I voted against her for Solicitor General because she wouldnt answer basic questions
about her standards for handling that job. It is a distinctly different position than that of
a Supreme Court Justice, Specter, a former Republican chairman of the Judiciary
Committee, said in a statement today.

I have an open mind about her nomination and hope she will address important
questions related to her position on matters such as executive power, warrantless
wiretapping, a womans right to choose, voting rights and congressional power, he
added.

Updated at 12:32 p.m.

Posted by David Ingram on May 10, 2010 at 10:32 AM in Current Affairs, Politics
and Government , Supreme Court | Permalink

Wow, imagine that: Senator Spector may support Kagan for the Supreme Court
though he voted against her for solocitor general after she failed to answer basic
questions! And Patrick Leahy, well, he was who the Due Process Defenders
submitted... ah, just read about it here:
http://georgia.ahrc.com/
Carl mentioned Burt Wides the other night on his show. Wides was who the evidence
of our due process rights violations were eventually passed to... from Representative
John Conyers' office.
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=48361&cmd=tc
I still say "Let's get Attorney Fine out of jail and

Page 6/6 May 11, 2010

make him our next Supreme Court justice!"

Paula Michaud
http://dirtydecisions.com
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