Showing posts with label Murtha Amendment. Show all posts
Showing posts with label Murtha Amendment. Show all posts

Wednesday, December 17, 2014

Affecting Justice - Motivation, Rationale and Impossibility of Resolution

DRAFT


The Impossibility of Resolution can be demonstrated. Those who conspired to deny and prevent justice can be held legally responsible for criminal actions, denial of constitutional rights, their negligence in applying the Rule of Law, and obstruction of justice. The IMMUNITIES - Absolute, Qualified, Judicial, Prosecutorial, Witness, Legislative - do not prevent criminal and civil actions against those involved.

This document will attempt to address the general aspects affecting everyone involved. It will be as short as it has to be.

My hope is to provide an outline which will permit deliberate and immediate attention and corrective actions by the people and the organizations involved. I do not anticipate a detailed listing of criminal statues with assignment to the individuals and officials involved. The scope of this document will likely overwhelm any reader.

I know the rationale for the corruption, perversion and denial of justice. I know why they are continuing with the intentional and deliberate negligence and fraud.

I have acted because of necessity in good faith within procedures and law towards a resolution. Survivors of this type of injustice fall into three categories 1) Homeless/Destitute, 2) Incarcerated, 3) Suicide. Those responsible don't care. THEY HAVE DONE THIS TO MILLIONS OF PEOPLE - they know their constitutional rights were denied and ignored without explanation and in contradiction to the applicable law.

I have never acted with malice or aggression towards anyone. I have never attempted to solicit or coerce any action by anyone which would subject them to negative affects due to a perception of having helped me improperly. When help was requested, I was ignored. I begged. I begged everyone.

My documents and personal presentation has always been respectful.

I have been subjected to tremendous disrespect, discourtesy, misinformation, disinformation, deliberate misdirection and misuse of government resources. The actions and efforts involved in the conspiracy to conceal an act of judicial misconduct/injustice prevented it from being addressed/resolved, while spawning unending and ever-expanding activities which attack and destroy every aspect of my life.

Where actions against me were unlawful, and violated my civil and constitutional rights, I make no excuses and do not excuse those who tore my life apart. I did nothing to deserve this. Why are they preventing any exit?



The description in the header of the web site summarizes with precision the experience, the current situation and the action necessary for resolution. It was first posted in 2008. It has only been edited ONCE. In July 2013,recognizing that EVERY failure of legal professionals to act or respond could be attributed to and concealed by one state law - - Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct

I am a sane man dealing with an absolutely insane situation.

Every person in a position to help has acted improperly in direct violation of procedures and the law preventing the resolution of any matter…

They each make the situation worse…

NO ONE HELPED…

NO ONE COULD HELP… until the Constitutional Challenge of Rule 1.6.




Insert Healy v Healy Injustice and Denial of Rights and the Law here.


Healy v Healy Superior Court Fraud here


Attorney General Kathleen Kane
- Rule 521 Constitutional issue
- Secret Court Orders which prevent AG Kane from disclosing investigating or acting


Montgomery County Grand Jury Investigation
Special Prosecutor Carluccio
Is this Grand Jury called to conceal evidence? Emails?

Having Spec Prosecutor Carluccio would prevent him from having to disclose the efforts of the grand jury to suppress evidence which could be used against his wife, Judge Carluccio, who used emails to cancel multiple hearings, who has prevented the appeal of her defective and void order, who has deliberately neglected to address her defective and void order.
- the defective and void order was referred to as an UNAPPEALABLE ORDER
- It was appealable, BUT she blocked it for over a year, the superior court neglects to address the lack of jurisdiction to issue the order, the violation of the law, and the loss of judicial immunity for herself and the prior judges who conspired to deny justice
- Judge Carluccio's retaliatory and void court orders caused irreparable damage to property and showed an abuse of power under color of law with intent to cause emotional distress

- Healy v Healy has been before 20 judges from the Montgomery County Judiciary
- each sacrifices their integrity to conceal the lack of integrity of the prior judges
- immunity is not available to the judges where there orders lacked jurisdiction and the entire matter can be demonstrated to have been a farce of epic cruel proportions.

Attorney General Kathleen Kane prevented from disclosing information




Superior Court Central Legal Staff
Intercept and Fraud to deny appeal
County, State and Federal prosecution for violating PA Law and Constitutional Rights


Healy v Miller Injustice and Denial of Rights and the Law here.
Attorney Liability - failed to provide any real basis in law for dismissal ignoring lack of jurisdiction.


Healy v Miller Superior Court Fraud here


Attorney General Kathleen Kane
- Rule 521 Constitutional issue
- Secret Court Orders which prevent AG Kane from disclosing investigating or acting


Superior Court Central Legal Staff
Intercept and Fraud to deny appeal
County, State and Federal prosecution for violating PA Law and Constitutional Rights


.

PROBLEM:
A law designed to ignore judicial corruption and injustice which includes an aggressively enforced MANDATE of silence for all lawyers while ignoring, denying and preventing the constitutional rights of a litigant has been enacted by the state supreme court in every state without proper construction, without constitutional review, without involvement of any state legislature and without the signature of any governor.

Where the law affects the substantive rights of a litigant, the state supreme courts were without proper authority to enact the law pursuant to the state constitutions. Rule 1.6 Confidentiality of Information is repugnant to the US Constitution, and is a nullity.

For more information: An Overview of the Challenge to Rule 1.6

The problem is national. Rule 1.6 Confidentiality of Information has been enacted in every state... (There are some slight modifications in some states. Contrary to the profound objection of the commission chairman, Robert Kutak, The American Bar Association deliberately removed the 'fraud provisions' from Rule 1.6 before presenting the Model Rules to the states.)




Having Rule 1.6 suspended, removed or declared unconstitutional will restore constitutional rights and equal protection of the law.

Judges, lawyers and legal professionals are not permitted to disclose information which will adversely affect the integrity of the court pursuant to Rule 1.6.

The following public officials are prevented by Rule 1.6 from exposing unconstitutional Rule 1.6 injustice:
State Supreme Court Justices
State Attorneys General
Commonwealth Court Judges
County District Attorneys
Superior Court Judges
Every judge and lawyer in every state

Lawyers in the state senates and legislatures
State Governors who are lawyers
US Senators who are lawyers
US Representatives who are lawyers
They are also permitted/required to act pursuant to Rule 1.6 to prevent unconstitutional Rule 1.6 injustice from being exposed. Their actions may not be disclosed, evwen when they are in the furtherance of the injustice.


The non-lawyer Governors seek advice from their lawyer or the state attorney general - who are not permitted to expose the issue or take any action.

The non-lawyer US Senators seek advice from their lawyers - who are not permitted to expose the issue or take any action.

The non-lawyer US Representative seek advice from their lawyers - who are not permitted to expose the issue or take any action.

Police will not take a complaint of judicial corruption.

County Detectives report to the District Attorneys who are not permitted to expose the issue or take any action.

RULE 1.6 HAS BUILT IN SELF-DEFENSE AND PRESERVATION NON-DISCLOSURE
- preventing disclosure
- preventing any effort to remove the law
- permitting fraud in the effort to maintain confidentiality (with that fraud kept confidential)

The County Sheriff is usually a non-lawyer with authority to enforce every law. After Rule 1.6 was enacted in each state, the sheriffs were informed of a greatly diminished role in law enforcement by the state attorney general, the judiciary and their lawyers. Many states have gone as far as eliminating the position of sheriff. The county sheriff takes no action to address the injustice.


FEDERAL AUTHORITIES - DEPARTMENT OF JUSTICE
Marketed as an ethical fix for DOJ prosecutors, the McDade-Murtha Amendment was passed requiring DOJ and all federal government lawyers to follow the ethics rules which are in effect in the location where they are working.

The US Attorney General advised and campaigned against enacting the McDade-Murtha Amendment. Their campaign was somewhat half-hearted though... because Rule 1.6 already prevented them from telling the Congress exactly why it would be "devastatingly bad".

In congressional hearings, there was no testimony that Rule 1.6 made fraud legal when concealing prior fraud, and prevented disclosure or action to rectify the fraud. The state supreme courts had enacted ethics laws which lacked morality, required illegal actions to conceal and prevent exposure of fraud, and mandated non-disclosure/confidentiality of their participation in the fraud.

With the McDade-Murtha Amendment, the Federal Government - Department of Justice - all US Attorneys - and all government attorneys are not permitted to expose the issue, or take any action to expose the issue, or take any action to address the injustice and/or the related denial of constitutionally protected rights in any state.

TAKING THE CONSTITUTIONAL ISSUE TO THE FEDERAL DISTRICT COURT

Thursday, September 25, 2014

No Independence. No Jurisdiction. The Judiciary Nullified.

In 1987, the PA Supreme Court enacted the Rules of Professional Conduct into state law creating the opportunity to deny constitutional rights of litigants without any explanation in law. This action caused a loss of judicial independence which undermined the authority of every Pennsylvania Court as all courts were mandated to conceal the courts corruption through further inexplicable injustice.

The basis for judicial immunity is that 'independence' to make a decision based only on the facts of the case. Where there is a lack of judicial independence, which is concealed from the public and the litigants, there is simply no basis for judicial immunity.

The bias and pre-determination that the judge will IGNORE injustice and corruption of their court, or other courts/judges, is required to be kept confidential by law even where it interferes with the law, due process, or constitutional rights. The victim of judicial corruption and injustice has no escape and must suffer the indignity and further loss and further litigation... which only demonstrates the issue and further undermine the integrity of the courts. The courts will retaliate against their victim for exposing their shame.

This demonstrable lack of independence further undermines the jurisdiction of the court to the point where the courts have undermined their own authority. The judiciary nullified themselves and made it illegal for lawyers and judges to point that out.

The courts continue to deny litigants their rights protected by the Constitution and the protection of the law. The courts foreclose improperly, put children in jail for kickbacks, and annihilate families without regard for their lawlessness. Civil, criminal and family courts are all affected.

The courts in every state and federally were undermined by this simple action committed IN EVERY STATE between 1984 and 2009 causing the Constitutional Crisis in the US and undermining the rule of law without mercy or opportunity for redress.

Preserve. Protect. Support. Defend. Enforce.
These are the words of those public officers who IGNORE the US Constitution and the state constitutions.

Rule 1.6 has hooks into everything. It hides in the local state's Rules of Professional Conduct yet
... is incorporated by reference to EVERY Department of Justice attorney (McDade-Murtha Amdnement)
... is incorporated by reference to every government attorney (McDade-Murtha Amendment)
... is incorporated by reference to Federal District Court (FRCP 'Local Rules')
... is incorporated by reference to Federal Circuit Courts for Appeals (FRAP 'Local Rules')
REMARKABLE: Injustice and judicial corruption is protected from any law enforcement at every level within the state and federally.

SO THAT'S WHY THE US CONSTITUTION SEEMS LIKE IT IS DEAD. DEAD. DEAD.
Really, it is being IGNORED. IGNORED. IGNORED.

The Constitution cannot enforce itself. The judiciary has created and concealed [poorly] their 'mess' for over 25 years. The public trust has been violated and the judiciary are not about to take responsibility for WHAT THEY DID. So it will continue, until the Rule of Law and the Constitution is rebooted.


quote-we-have-no-more-right-to-decline-the-exercise-of-jurisdiction-which-is-given-than-to-usurp-that-john-marshall-250601

Monday, September 8, 2014

McDade-Murtha: Prevents US Attorney from addressing UnConstitutionality

With 90% of the state supreme courts having inexplicably enacted the Model Rules of Professional Conduct into law, in 1998, using the distraction of 'No Contact' situations, McDade-Murtha appears to be a critical point in the effort to make certain that federal authorities could not prosecute / investigate / expose judicial crimes within any state.

The Model Rules - and specifically the much-referenced Rule 1.6 Confidentiality - were applicable to all lawyers within the state, and all federal lawyers working in the state. The conspiracy of silence was secured by an unconstitutional state law, a memo from US Attorney General Dick Thornburgh, and a federal law requiring the US Attorney to be complicit and silent. Clearly, a great deal of effort went into every action which would prevent recognition and revelation that the Judicial branch at the state AND federal levels had been compromised, judicial independence undermined, and lack of jurisdiction for the court to act was being ignored - by lawlessness which persisted through state law, federal law and the US Constitution.

CK-Tyranny-Hands-Tied-with-FlagAfter McDade-Murtha, there could be no federal intervention when a state judge violated your constitutional rights. The 1983 abuse of power claims already had their prepared scripts which enabled dismissal when filed against judges. There is no indication that the complete lack of any constitutional review of the law by the states before enacting the Model Rules was ever mentioned.

McDade-Murtha 'doubled-down' using a federal law which obligated federal authorities to follow a state law which had had no constitutional review, no proper construction by the legislature, no signature of a governor, and had collateral effect of denying, obstructing and preventing constitutional rights. The unavailability of constitutional protections overwhelms every aspect of the target's life.

Responding to the corruption which decimated Cook County Courthouse (Operation Greylord), judges had secured a lawful ability to commit judicial corruption, injustice, denial of constitutional rights, and ignore the law within their courtrooms without ANY accountability. Judicial immunity covered decisions and was necessitated by judicial independence. BUT, this absolute above-the-law and unaccountable to any law, conduct board or authority, demonstrated a loss of judicial independence which undermined jurisdiction and nullified judicial immunity.

The reasoning for judicial immunity, or absolute immunity, was no longer applicable when the court's actions to ignore the constitutional rights of litigants deliberately lacked lawful authority and violated the US Constitution - the supreme law of the land. As the state judiciary had undermined their own authority, immunity should NOT be applicable for their deliberate corrupt actions.



The Federal law was referred to as the CITIZENS PROTECTION ACT and HOFFA's REVENGE. Many scoffed at the contradiction of referring to the law as the Citizen's Protection Act - it was designed to hinder, prevent or undermine any federal prosecution effort. The Model Rules enacted into state law prevented prosecution of judges within the state by prohibiting attorneys, district attorneys and attorneys general from action which would adversely affect the integrity of the courts.

While protecting the integrity of the courts is essential, the convoluted and twisted logic of protecting integrity by sacrificing the integrity of the entire judiciary and the entire legal profession to conceal massive crimes of the corrupt is more than simply wrong. It is evil - a crime against humanity.

This has been demonstrated by Kids for Cash affecting thousands of children and families. This has been demonstrated by the MILLIONS of families affected by fraudulent foreclosures nationwide. This has been demonstrated by the destructive actions of 'family court' judges. The Kids for Cash judges went to jail for tax evasion, NOT their obvious offense. These three types of corruption CONTINUE to occur daily in the American courts. There is no law in America to stop or prevent judicial corruption and denial of basic constitutional and human rights. THIS IS EVIL, PROTECTED BY LAW.

McDade was successful in his efforts to ensure DOJ attorneys adhere to state bar ethics standards. The text of the statutory change he authored, commonly referred to as the "McDade Amendment," is as follows:

(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.
(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section.
(c) As used in this section, the term “attorney for the Government” includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40.

The McDade Amendment principally applies to DOJ lawyers but is also applicable to attorneys from other federal government departments and agencies working with the DOJ.




The McDade-Murtha Amendment, 28 U.S.C. 530B, requires federal prosecutors to follow state and federal rules of professional responsibility in effect in the states where they conduct their activities.

It also continues in place the sixty year old directive that federal prosecutors follow the ethics rules promulgated by the states in which they are licensed to practice.

Proponents claim the change will confirm that federal prosecutors must follow the same ethical rules as other lawyers and will enhance the prospect of some protection against wayward federal prosecutors.

Opponents charge that it will implicitly undermine the Attorney General's authority to preempt state laws that conflict with federal law enforcement interests
AND
that in doing so it will jeopardize the use of undercover techniques against terrorists, drug kingpins and child predators because of possible interpretations of the so-called no contact rule.


The Pennsylvania connection is evident in EVERY effort relating to undermining the state and federal judiciary AND the impossibility of the victim surviving the overwhelming effect.

Dick Thornburgh, Joseph McDade, and John Murtha were all from Pennsylvania.

I assure you, EVERY US Attorney was contacted.

Reference:
Jimmy Hoffas Revenge- White-Collar Rights Under the McDade Amendment

The Effect of State Ethics Rules on Federal Law Enforcement
The McDade Amendment principally applies to DOJ lawyers but is also applicable to attorneys from other federal government departments and agencies working with the DOJ. See Memorandum for Command Counsels, Office of Command Counsel Newsletter (U.S. Army Material Command, Office of the Command Counsel, Ft. Belvoir, Va.), Dec. 1999, at 52–53.