Friday, January 30, 2009

CNN & Congress say banks can't foreclose

When greedy banks resell mortgage notes then lose the paperwork, YOU GET A HOUSE FOR FREE!

Deutsche Bank Foreclosures Tossed Out of Ohio Federal Court - “They Own Nothing!”

Aired January 29, 2009 - 19:00 ET


Also a member of Congress telling homeowners they should fight back against foreclosure urging them to squat in their homes. That congresswoman is Marcy Kaptur.

DOBBS: Seething anger tonight at the federal government's utter failure to help homeowners in danger of losing their homes, even as the government is spending literally trillions of dollars to help out banks, investment companies. There were more than three million foreclosure filings last year, a million people foreclosed upon. Now, one lawmaker, Congresswoman Marcy Kaptur says it's time for homeowners to fight back, exercising squatter's rights.

Drew Griffin, of our Special Investigations Unit, with the report.


DREW GRIFFIN, CNN SPECIAL INVESTIGATION UNIT CORRESPONDENT (voice over): The notices came to her home in April. Andrea Guice's bank foreclosed on her, behind in payments, out of work, a husband sick, she had nowhere to go.

So she decided to follow the advice of her Congresswoman, and go nowhere. Guice is part of a new movement in the Housing crisis, squatters.

(on camera) For lack of a better term, you're kind of squatting in this house, aren't you?


GRIFFIN: Last resort?

GUICE: Last resort, yes. GRIFFIN (voice over): More than 4,000 properties were foreclosed on in Toledo's Lucas County last year. This year, it could be worse. There's a county clerk whose full-time job is typing up and sending out foreclosure notices.

UNIDENTIFIED MALE: Tomorrow morning this will be mailed out.

GRIFFIN: Elected officials are saying Toledo is not in a recession, it is a depression. It is this bleak backdrop that inspired Toledo Congresswoman Marcy Kaptur to take the floor of the House earlier this month to tell her constituents to stay put.

REP. MARCY KAPTUR, (D) OHIO: So I say to the American people, you be squatters in your own homes; don't you leave.

GRIFFIN: Kaptur says she has had it with government bailouts for Wall Street banks, but nothing for homeowners. She is advocating for a legal revolution, a demand that not one of her constituents leaves their home without an attorney and a fight.

(on camera) Even if they've been foreclosed on, don't leave?

KAPTUR: If they've had no legal representation of a high quality, I tell them stay in their homes.

GRIFFIN (voice over): Kaptur is behind a strategy called produced the note. Mortgages have been so divvied up on Wall Street that banks are having a hard time finding that original paperwork, adding a delay to foreclosures.

She is also pushing banks to rework loans, especially those banks getting bailouts and holding mortgages of folks getting tossed out.

KAPTUR: They are vultures. They prey on our property assets. And I guess the reason I'm so adamant on this is because I know property law and its power to protect the individual home owner. And I believe that 99.9 percent of our people have not had good legal representation in this.

GRIFFIN: Without a lawyer, Andrea Guice bought a $147,000 home with nearly $40,000 down.

GUICE: I should have had an attorney. I really should have had the attorney. I did not know.

GRIFFIN: She admits she didn't read the paperwork, didn't learn, until it was too late, she had a sub-prime loan. Her payments of $883 a month jumped in a year to more than $1,500. When it did, she stopped paying.

(on camera) So they foreclosed on you?

GUICE: They have foreclosed on me, yes.

GRIFFIN (voice over): The law firm representing the bank in Guice's foreclosure declined comment to CNN. Another one of the banks Guice believes holds her notes, Wells Fargo, said it wouldn't comment on individual cases, but tries to work with homeowners.

Backed by her Congresswoman, Guice simply is not budging.


GRIFFIN: Lou, no one's saying, "don't pay your mortgage." What the Congresswoman is saying if you're being foreclosed on, don't just leave. Don't assume you have to leave your house. And you're going to have a run, I know.

And I think what she'll you is, look, we bailed out the banks, but part of that bailout was to help the homeowners, the counselors, the lawyers. Well, in Toledo, Ohio, where are they? Lou.

DOBBS: Indeed, a question across the country that is being asked. Drew, to get it straight, Miss Guice paid how much for that house?

GRIFFIN: I couldn't believe it either, Lou. It was $147,000 house. I saw the paperwork. She put down nearly $40,000.

DOBBS: Just about 30 percent.

GRIFFIN: There's no reason she needed to be in this sub-prime. She admits she got hood winked.

DOBBS: And Wells Fargo is the mortgage holder?

GRIFFIN: Is the end-run mortgage holder, right. Not the person that wrote up the loan, as you know.

DOBBS: Right.

GRIFFIN: This loan was written up by a broker and sold probably ten times.

DOBBS: Well, we should -- you know, the fact is that the mortgage brokers, the people who are involved in this, should be being prosecuted in point of fact. Let me be very -- just arch about this, if I may -- they deserve to be prosecuted, because this is unfair.

DOBBS: Drew Griffin, outstanding reporting.

Joining me now is Congresswoman Marcy Kaptur. You just saw her in Drew Griffin's report. Congresswoman, let me say to you, if I may, with all objectivity that I can muster, the fairness and balance, God bless you for taking this position. Because it's about time one of our elected representatives has the guts to say what you've said.

KAPTUR: Well, thank you, Lou, very much. You know, 10 percent of our properties have been foreclosed here in the last two years. And our community is not unique. And what has become very clear is that even though we were promised that the Wall Street bailout was primarily to address this home foreclosure crisis, it hasn't made a bit of difference.

DOBBS: But what I have to ask you now is that Congress has had the opportunity, the Democrats have been in charge of that Congress for two years. We have seen the Republican administration for eight years give corporate America a free hand.

We have seen both the Clinton administration and the Bush administration push back regulation. When are we going to see action by this Congress to relieve, to help the homeowner and take urgent, immediate action because this is not in any way -- anything less than a tragedy?

KAPTUR: It's a national crisis. And it is the proximate cause of this economic downturn; the housing foreclosure crisis. I did everything I could when Congress reconvened this year to urge the President, our Speaker, our leadership to move the FDIC and the SEC into their proper position in this economy to do these workouts.

And that has not been done. And this week we had to pass a stimulus bill in the House to try to pick up some of the casualties and give them a little life support. But the real problem is, that the FDIC and the SEC have been superseded by the U.S. Treasury Department, --

DOBBS: Right.

KAPTUR: -- which has no history in workouts. And that's the problem. They're using the wrong agency to resolve this crisis.

DOBBS: And Sheila Bair, the Chair of the FDIC, we've got to give great credit. She has been talking about this issue --


DOBBS: -- throughout. She has been sensitive and forthright about the issue. You know, I guess the issue here also becomes, we are a nation of laws. At what point does telling a person, as you have, to just exercise squatter's rights -- at what point are you bumping up against the issue of breaking the law?

KAPTUR: Well, you know, Lou, the problem is that these families haven't had proper legal representation. Most of these companies on Wall Street can't even find the loan, and they have not properly noticed the homeowner under the Truth and Lending Act and the Real Estate Practices Act. DOBBS: Right.

KAPTUR: If you really look at the fine print, these Wall Street firms can't find the loan. They've divided it up into so many pieces, so there's a legitimate question in the law as to where that deed, where that loan actually is.

DOBBS: In point of fact, it's not -- to be clear, if there's no note, there is no debt?

KAPTUR: That's right.

And if you don't have proper legal representation -- and I mean good legal representation -- what happens to the homeowner in places like our region is, they're law abiding people. They're afraid and they leave the property.

I say your biggest right is to hold on to your property. The law is on your side.

DOBBS: Marcy Kaptur, I'm sure that millions of Americans and the folks in Ohio appreciate you being on their side.

KAPTUR: Thank you.

DOBBS: Marcy Kaptur, thank you very much, Congresswoman from Ohio.

KAPTUR: Thank you.

Patriot legal scholars have been saying this for decades, and winning in court. It's on the radio right now at and

When I built my last house, the bankster said "we made a mistake at the bank, and you owe an extra $5,000 cash." This was AFTER we had started construction and were paying the builder with the bank's construction loan. Like an idiot I paid the $5,000 cash, after borrowing it from family. But it was all a bluff. All I had to do is say NO.

Then when I got medically disabled, and Social Security refused to pay Disability without reading any medical files, the bank started "foreclosure" WITHOUT ME OWING ANY MONEY TO THE BANK FOR UNPAID MONTHLY PAYMENTS. The fine print of EVERY mortgage contract says the bank gets to foreclose after 3 months of LATE payments at anytime during a 30-year loan, even after payment of late fees and all payments are current.

All mortgages also allow foreclosure WITHOUT EVER MAKING A SINGLE LATE PAYMENT OR MISSED PAYMENT, when the equity drops below the contracted amount. For example, a 90% mortgage with 10% down payment results in foreclosure when property values drop 11% or more.

This is why Christianity and Islam ban all banking as usury loan sharking, and why "Jews" invented and run all banking worldwide. Freemasonry was Jewish infiltration of Christianity and Islam to overthrow European royalty and seize control of all governments via private "central banks", and enslave all their citizens. Jews are causing the current worldwide Depression to create a Jewish world government and destroy the middle class.

"Those who do not learn from history are doomed to repeat it."
-Old Dead Guy

NoBama's FEMA Death Camp Bill

NoBama's FEMA Death Camp Bill Photos of Death Camps in USA

H. R. 645 National Emergency Centers Act


(a) In General- In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations.

(b) Purpose of National Emergency Centers- The purpose of a national emergency center shall be to use existing infrastructure--

(1) to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster;

(2) to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders;

(3) to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations; and

(4) to meet other appropriate needs, as determined by the Secretary of Homeland Security.


(a) In General- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 6 military installations as sites for the establishment of national emergency centers.

(b) Minimum Requirements- A site designated as a national emergency center shall be--

(1) capable of meeting for an extended period of time the housing, health, transportation, education, public works, humanitarian and other transition needs of a large number of individuals affected by an emergency or major disaster;

1-million FEMA coffins and FEMA crematorium to burn 15,000 bodies per day

(2) environmentally safe and shall not pose a health risk to individuals who may use the center;

(3) capable of being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures;

(4) capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during nondisaster periods;

(5) capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs;

(6) required to consist of a complete operations command center, including 2 state-of-the art command and control centers that will comprise a 24/7 operations watch center as follows:

(A) one of the command and control centers shall be in full ready mode; and

(B) the other shall be used daily for training; and

(7) easily accessible at all times and be able to facilitate handicapped and medical facilities, including during an emergency or major disaster.

(c) Location of National Emergency Centers- There shall be established not fewer than one national emergency center in each of the following areas:

(1) The area consisting of Federal Emergency Management Agency Regions I, II, and III.

(2) The area consisting of Federal Emergency Management Agency Region IV.

(3) The area consisting of Federal Emergency Management Agency Regions V and VII.

(4) The area consisting of Federal Emergency Management Agency Region VI.

(5) The area consisting of Federal Emergency Management Agency Regions VIII and X.

(6) The area consisting of Federal Emergency Management Agency Region IX.

Black people don't like black people in Iraq or New Orleans

(d) Preference for Designation of Closed Military Installations- Wherever possible, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate a closed military installation as a site for a national emergency center. If the Secretaries of Homeland Security and Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of existing military installations other than closed military installations as national emergency centers.

(e) Transfer of Control of Closed Military Installations- If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation.

(f) Cooperative Agreement for Joint Use of Existing Military Installations- If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center.


There is authorized to be appropriated $180,000,000 for each of fiscal years 2009 and 2010 to carry out this Act. Such funds shall remain available until expended.


In this Act, the following definitions apply:

(1) CLOSED MILITARY INSTALLATION- The term ‘closed military installation’ means a military installation, or portion thereof, approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) that meet all, or 2 out of the 3 following requirements:

(A) Is located in close proximity to a transportation corridor.

Cattle cars and shackles for sheeple with chemtrail tranqulizers

(B) Is located in a State with a high level or threat of disaster related activities.

(C) Is located near a major metropolitan center.

(2) EMERGENCY- The term ‘emergency’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(3) MAJOR DISASTER- The term ‘major disaster’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(4) MILITARY INSTALLATION- The term ‘military installation’ has the meaning given such term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).



South Fork Forest Camp USA

Tuesday, January 27, 2009

75% of judges are NOT licensed lawyers

Constitutional Right to Travel - Since judges (prosecutors) in traffic court are not required to have a license to practice law, how can they require citizens to buy a license to travel by driving a car?

"Court finds $27,500 fine for second offense driving on a revoked license to be excessive."
—State vs Taylor, 70 S.W.3d 717 (Tenn. 2002); reduced to $15,000 fine

Unlicensed non-lawyer city judges only require 3 hours training to be a judge in Tennessee - City judges who are appointed not elected cannot handle criminal cases

Unlicensed non-lawyer city judges require ZERO hours training to be a judge in Tennessee - SB0386 by Yager, McNally. HB0730 by Ferguson, Winningham, Hackworth. Exempts certain municipal judges from annual continuing education requirements. Amends TCA Title 16, Chapter 18, Part 3. Judiciary Committee 2009

Tennessee Attorney General Opinion No. 01-153 - United States District Court for the Eastern District of Tennessee granted a motion to suppress the fruits of a search because the City Judge of Johnson City, who signed the warrant, was not elected to an eight-year term as required by the Tennessee Constitution. United States of America v. Rashaan Pierre Hall, US District Court for the Eastern District of Tennessee at Greeneville, No. 2:01-CR-27 (order issued August 6, 2001).

Unlicensed uneducated judicial commissioner Dustin Hatcher convicted of pedophile rape inside Blount County "Justice" Center - No news regarding his potential 4-year prison sentence, who may instead get secret diversion and expungement with a clean record. Maybe then his "degree" in car stereo installation can be put to good use?

Tennessee Attorney General Opinion No. 07-07 - Unlicensed non-lawyer judges in city court are called "de facto judges" in Tennessee, and cannot handle criminal cases

Bankston v. State, 908 S.W.2d 194, 196-97 (Tenn. 1995) - Tennessee supreme court says unlicensed unelected non-lawyer judges in city court cannot handle criminal cases, all city jails closed

City of White House v. Whitley, 979 S.W.2d 262, 268 (Tenn. 1998) - Tennessee supreme court says unlicensed unelected non-lawyer judges in city court cannot handle criminal cases

Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992) - Tennessee supreme court says unlicensed unelected non-lawyer judges in city court cannot handle criminal cases

Moses vs. City of Jellico - Unconstitutional city court disbanded by Pirate News' cousin on Tennessee Supreme Court, but all bogus judgements remain by converting criminal judgments to civil judgements

Moses v Jellico disbands city court - The state Court of Appeals has disbanded Jellico City Court in a ruling that arose from a lawsuit between City Judge Don Moses and city officials over his salary. In a written ruling handed down Monday, Special Judge Sharon G. Lee ruled the Legislature doesn't have the authority to delegate to municipalities its constitutional authority to establish courts.

Even licensed judges in Knoxville say, "You can't use the US Constitution in MY courtroom!" Ask Judge Wheeler Rosenbalm.

Knoxville judge Bill Swann is a convicted deadbeat dad who has apparently jailed more divorcees than all other judges in Tennessee combined. Civil contempt of court is a life sentence on death row in unconstitutional debtors prison -- no bail, no trial, no appeal. Beatty Chadwick, attorney at law, has been jailed by divorce court for over ten years.

Broken Bench: In Tiny Courts of N.Y., Abuses of Law and Power

William Glaberson
The New York Times
September 25, 2006

Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings.

Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school.

But serious things happen in these little rooms all over New York State. People have been sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. In violation of the law, defendants have been refused lawyers, or sentenced to weeks in jail because they cannot pay a fine. Frightened women have been denied protection from abuse.

These are New York’s town and village courts, or justice courts, as the 1,250 of them are widely known. In the public imagination, they are quaint holdovers from a bygone era, handling nothing weightier than traffic tickets and small claims. They get a roll of the eyes from lawyers who amuse one another with tales of incompetent small-town justices.

A woman in Malone, N.Y., was not amused. A mother of four, she went to court in that North Country village seeking an order of protection against her husband, who the police said had choked her, kicked her in the stomach and threatened to kill her. The justice, Donald R. Roberts, a former state trooper with a high school diploma, not only refused, according to state officials, but later told the court clerk, “Every woman needs a good pounding every now and then.”

A black soldier charged in a bar fight near Fort Drum became alarmed when his accuser described him in court as “that colored man.” But the village justice, Charles A. Pennington, a boat hauler and a high school graduate, denied his objections and later convicted him. “You know,” the justice said, “I could understand if he would have called you a Negro, or he had called you a nigger.”

And several people in the small town of Dannemora were intimidated by their longtime justice, Thomas R. Buckley, a phone-company repairman who cursed at defendants and jailed them without bail or a trial, state disciplinary officials found. Feuding with a neighbor over her dog’s running loose, he threatened to jail her and ordered the dog killed.

“I just follow my own common sense,” Mr. Buckley, in an interview, said of his 13 years on the bench. “And the hell with the law.”

The New York Times spent a year examining the life and history of this largely hidden world, a constellation of 1,971 part-time justices, from the suburbs of New York City to the farm towns near Niagara Falls.

It is impossible to say just how many of those justices are ill-informed or abusive. Officially a part of the state court system, yet financed by the towns and villages, the justice courts are essentially unsupervised by either. State court officials know little about the justices, and cannot reliably say how many cases they handle or how many are appealed. Even the agency charged with disciplining them, the State Commission on Judicial Conduct, is not equipped to fully police their vast numbers.

But The Times reviewed public documents dating back decades and, unannounced, visited courts in every part of the state. It examined records of closed disciplinary hearings. It tracked down defendants, and interviewed prosecutors and defense lawyers, plaintiffs and bystanders.

The examination found overwhelming evidence that decade after decade and up to this day, people have often been denied fundamental legal rights. Defendants have been jailed illegally. Others have been subjected to racial and sexual bigotry so explicit it seems to come from some other place and time. People have been denied the right to a trial, an impartial judge and the presumption of innocence.

In 2003 alone, justices disciplined by the state included one in Montgomery County who had closed his court to the public and let prosecutors run the proceedings during 20 years in office. Another, in Westchester County, had warned the police not to arrest his political cronies for drunken driving, and asked a Lebanese-American with a parking ticket if she was a terrorist. A third, in Delaware County, had been convicted of having sex with a mentally retarded woman in his care.

New York is one of about 30 states that still rely on these kinds of local judges, descendants of the justices who kept the peace in Colonial days, when lawyers were scarce. Many states, alarmed by mistakes and abuse, have moved in recent decades to rein in their authority or require more training. Some, from Delaware to California, have overhauled the courts, scrapped them entirely or required that local judges be lawyers.

But New York has no such requirement. It demands more schooling for licensed manicurists and hair stylists.

And it has left its justices with the same powers — more than in many states — even though governors, blue-ribbon commissions and others have been denouncing the courts as outdated and unjust since as far back as 1908, when a justice in Westchester County set up a roadside speed trap, fining drivers for whatever cash they were carrying.

Nearly a century later, a 76-year-old Elmira man who contested a speeding ticket in Newfield, outside Ithaca, was jailed without even a warning for three days in 2003 because he called the sheriff’s deputy a liar.

“I thought, this is not America,” said the man, Michael J. Pronti, who spent two years and $8,000 before a state appeals court ruled that he had been improperly jailed.

‘Justice in the Dark’

It is tempting to view the justice courts as weak and inconsequential because the bulk of their business is traffic violations. Yet among their 2.2 million cases, the courts handle more than 300,000 criminal matters a year. Justices can impose jail sentences of up to two years. Even in the smallest cases, some have wielded powers and punishments far beyond what the law allows.

The reason is plain: Many do not know or seem to care what the law is. Justices are not screened for competence, temperament or even reading ability. The only requirement is that they be elected. But voters often have little inkling of the justices’ power or their sometimes tainted records.

For the nearly 75 percent of justices who are not lawyers, the only initial training is six days of state-administered classes, followed by a true-or-false test so rudimentary that the official who runs it said only one candidate since 1999 had failed. A sample question for the justices: “Town and village justices must maintain dignity, order and decorum in their courtrooms” — true or false?

The result, records and interviews show, is a second-class system of justice.

The first class — the city, county and higher courts — is familiar to anyone who has served on a jury or watched “Law & Order”: hardly perfect, but a place of law-schooled judges, support staffs and strict rules. The lower and far larger rung of town and village courts relies on part-time justices, most of them poorly paid, some without a single clerk. Those justices — two-thirds of all the state’s judges — are not required to make transcripts or tape recordings of what goes on, so it is often difficult to appeal their decisions.

When they stray badly, the Commission on Judicial Conduct — a panel of lawyers, judges and others — can do little more than try to contain the damage.

Some 1,140 justices have received some sort of reprimand over the last three decades — an average of about 40 a year, either privately warned, publicly rebuked or removed. They are seriously disciplined at a steeper rate than their higher-court colleagues.

The Office of Court Administration, which runs the state court system, makes little pretense of knowing much about what happens in the justice courts. Beyond their names, ages and addresses, it has little information about the justices. Because they are paid by the towns and loosely tied into the court system, “we have limited administrative control, and very, very limited financial control,” said Jan H. Plumadore, the deputy chief administrative judge for all courts outside New York City.

The courts also handle money — more than $200 million a year in fines and fees. But the state comptroller’s office, which once conducted scores of justice-court audits every year, now does only a handful. When it looked most recently, auditing a dozen courts in May, it reported serious financial-management problems and estimated that millions of dollars a year might be missing from the justice courts statewide.

Norman P. Effman has been the public defender for 16 years in Wyoming County, where he said only one of the 37 justices was a lawyer. In testimony last year, he described the justice courts as a forgotten realm: a “closed door, back of someone’s house, in the barn, in the highway department, no record” justice system.

“The reality is,” he told a state commission, “if you keep justice in the dark, it stays in the dark.”

That commission, which was studying how the court system treats poor people, issued a study in June saying the justice courts remained “a fractured and flawed system.” And in recent days, the Office of Court Administration has said it plans to begin addressing some of those failings — for instance, taking steps to double the amount of initial training and to ensure that proceedings are recorded.

But those measures do not address some of the most serious problems: the use of justices who are not lawyers, and the state’s weak oversight.

This is not the first time the justice courts have come under scrutiny. “Probably the most unsatisfactory feature of the administration of criminal law remaining in the state today is the obsolete and antiquated institution known as the justice of the peace,” another state commission concluded.

The year was 1927.

A Record of Trouble

Certainly, there are worthy justices, and defenders of the system say the good far outnumber the bad. Those supporters, chiefly the justices themselves and the local political leaders who often select them, contend that hometown judges know the hometown problems — and the problem people — and can tailor common-sense solutions.

And, they have argued, putting lawyers in charge of all the courts could cost the state tens of millions of dollars.

“It is the most efficient, low-cost method of ensuring that the people of the state receive justice,” said Thomas R. Dias, a town justice in Columbia County who is president of the State Magistrates Association, the justices’ organization.

But the record shows otherwise in hundreds of disciplinary cases — most of them unknown to the public.

In the Catskills, Stanley Yusko routinely jailed people awaiting trial for longer than the law allows — in one case for 64 days because he thought the defendant had information about vandalism at the justice’s own home, said state officials, who removed him as Coxsackie village justice in 1995. Mr. Yusko was not even supposed to be a justice; he had actually failed the true-or-false test.

Outside Rochester, in Le Roy, a justice who is still in office concocted false statements, state officials said, to help immigration officials deport a Hispanic migrant worker in 2003. Although the man had pleaded not guilty to trespassing, the town justice, Charles E. Dusen, issued a court order saying he had been convicted. In an interview, Justice Dusen said he tried to right his wrong after the worker’s lawyer complained. But the man was still deported.

Last December, disciplinary officials disclosed that in a five-year period, a Rochester-area justice had mistakenly imposed $170,000 in traffic fines beyond what the law allowed. And in June, a justice in western New York was disciplined for threatening to jail a man — and warning him to “bring a couple thousand in bail money” — over a complaining phone message the man had left him.

Even the commuter towns around New York City, where the justices are typically lawyers, have endured the system’s abuses.

In Mount Kisco, people who asked for the court’s sympathy were treated to sarcasm: Justice Joseph J. Cerbone would pull out a nine-inch violin and threaten to play. Mr. Cerbone phoned one woman and talked her out of pressing abuse charges against the son of former clients, state records show. But it took eight years, and evidence that he had taken money from an escrow account, before the State Court of Appeals removed him in 2004 after a quarter-century in office.

In interviews, many of these justices disputed the findings against them, saying the Commission on Judicial Conduct was unfair and determined to end the justice courts.

Commission officials say they have no such agenda.

And the agency is struggling itself. Charged with policing all the state’s courts, it can do no more than respond to complaints. Its staff has shrunk by more than half in the last two decades, with just two investigators for the western half of the state.

So commission officials were surprised to learn last year that a western New York justice who had resigned while facing disciplinary charges was back on the bench.

The commission twice disciplined the town justice, Paul F. Bender of Marion, for deriding women in abuse cases. Arraigning one man on assault charges, he asked the police investigator whether the case was “just a Saturday night brawl where he smacks her and she wants him back in the morning.”

But the commission spared him removal in 1999 because he was not seeking re-election. Four years later Mr. Bender ran again anyway, unbeknownst to the commission, for a term that will not expire until 2007.

Robert H. Tembeckjian, the commission’s administrator, said, “Our working assumption is, a judge who resigns while under disciplinary charges by the commission is not going to return to the bench.” But he would not say whether his agency would — or could — take any action against Justice Bender.

‘I’m Not a Lawyer’

A 17-year-old girl had stayed out all night, then fought with her family and wound up facing a harassment charge in court in Alexandria Bay, a busy tourist village on the St. Lawrence River. The justice, Charles A. Pennington, a boat hauler with 23 years on the bench, took her not-guilty plea on a Sunday in 2003.

But when told that the girl had no place to go, the judge did not send her to a women’s shelter or alert social service officials, as local justices typically do. He took her home.

“I left the court kind of in shock,” a police officer later testified. “I’ve never heard of anything like this before.”

The girl’s mother, Keitha Rogers, said in an interview that she was appalled to find her daughter at the home of the justice, then 61, as he sat drinking with another man. “Sure, he can tell the difference between the stern and the bow,” Ms. Rogers said. “But what does that have to do with making major judgments about people’s lives?”

The judicial conduct commission, which ordered Justice Pennington’s removal last fall for this and other lapses, ruled that while there was no evidence he had made any improper advances toward the girl, who left after about an hour, he had shown “extraordinarily poor judgment.”

And while Mr. Pennington argued that he had not been drinking, he did not entirely disagree with the findings. “Granted, there is mistakes,” said the justice, who resigned before the commission ruled. “I’m not a lawyer.”

Neither are most of his peers. And that is pretty much all the state knows about them. Office of Court Administration officials say the only way they usually find out a new justice has been elected is if local officials notify them.

For decades, the agency has asked justices to fill out modest biographical questionnaires, then filed away the answers. Under freedom of information law, The Times obtained questionnaires completed by more than 1,800 current justices; they portray a group that is often poorly educated and poorly paid, even though the law they are dealing with is increasingly complex.

Of those who are not lawyers, about a third — more than 400 — had no formal education beyond high school. At least 40 did not complete high school, though several went on to earn equivalency degrees.

Interviews with more than 60 justices made it clearer who many of these people are: retirees, farmers, mechanics, former police officers and others with flexible schedules or seasonal work. Most look something like Mr. Pennington: white, and graying. At least 30 justices are in their 80’s, well beyond the mandatory retirement age, 70, for other New York judges.

Though the justices’ pay is often meager — as little as $850 a year — they can set bail, a basic legal safeguard. They hold crucial preliminary hearings in felony cases and conduct trials on misdemeanors. They preside over civil cases with claims of up to $3,000, and landlord-tenant disputes with no dollar limit, including commercial cases involving hundreds of thousands of dollars.

And then there are the powers they simply take.

In what the Commission on Judicial Conduct called “a shocking abuse of judicial power,” Justice Roger C. Maclaughlin single-handedly went after a man he decided was violating local codes on the keeping of livestock in Steuben, near Utica. The justice interviewed witnesses, tipped off the code-enforcement officer, lobbied the town board to deny the man approval to run a trailer park, then jailed him for 10 days without bail — or even a chance to defend himself, the commission said.

In an interview, Justice Maclaughlin said the commission seemed to be chasing legal technicalities rather than real justice.

An Essex County town justice, Richard H. Rock, jailed two 16-year-olds overnight without a trial, saying he wanted “to teach them a lesson.” They had been accused of spitting at two other people and charged with harassment. Then he sent them back for 10 more days, the commission said, without ever advising them they had a right to a lawyer.

In 2001, the commission punished him and Justice Maclaughlin with censure, the most serious penalty short of removal from the bench. Justice Maclaughlin is now in his 11th year in office. Justice Rock is in his 10th.

In Alexandria Bay, where Justice Pennington presided at a metal desk in a tiny room inside the police building, a quarter-century in office did not seem to deepen his understanding of his role. Just three days after he took home the 17-year-old girl, another case raised fresh questions about his familiarity with the law, or even the world outside his court.

Eeric D. Bailey, a 21-year-old black soldier from nearby Fort Drum, was facing a disorderly conduct charge after a tussle with a white bar bouncer. Sitting three feet from Mr. Bailey, the bouncer identified him as “that colored man.” Mr. Bailey’s jaw dropped.

The soldier, who did not have a lawyer, told the judge that the term was offensive. But Justice Pennington said that while certain other words were racist, “colored” was not. “For years we had no colored people here,” he said.

The commission had heard worse. After arraigning three black defendants arrested in a college disturbance in 1994, a justice in the Finger Lakes region said in court, “Oh, it’s been a rough day — all those blacks in here.” A few years before that, a Catskill justice reminisced in court that it was safe for young women to walk around “before the blacks and Puerto Ricans moved here.”

In an interview, Justice Pennington said the commission had treated him unfairly. But he may not have helped his case when he told the commission that “colored” was an acceptable description.

“I mean, to me,” he testified, “colored doesn’t preferably mean black. It could be an Indian, who’s red. It could be Chinese, who’s considered yellow.”

Basic Training

As the blunders, and worse, have piled up over the years, so have the muffled complaints from within the system. Transcripts of the commission’s disciplinary hearings, which are usually closed to the public, show that some justices have nearly begged for more training, or any kind of help.

Anthony Ellis, a meat cutter who routinely jailed defendants in Tupper Lake to coerce them into pleading guilty, neatly summed up his insecurities in one closed hearing: “I’m almost like a pilot flying by the seat of my pants.”

William G. Mayville, a retired factory worker who turned his courtroom in nearby Fort Covington into a collection agency for local business owners, offered a quietly damning explanation: “I certainly am only a simple man doing a job that, you know, the very best I can do with a limited amount of education that they offered me.”

Simple men, and their simple wisdom, are the whole idea behind the justice courts. A 13th-century English institution, the justice of the peace was imported to the colonies in the 1600’s along with a fundamental notion: that laymen could settle small-bore cases with practical solutions grounded in local custom or common sense.

But as life, and the law, became vastly more complex by the mid-20th century, several states, including California, New Jersey and Connecticut, created more professional local courts.

In Delaware, where the appointed local magistrates have less authority than New York’s justices, the state screens candidates with academic and psychological tests, and starts them off with 11 weeks of training. “It is a reflection of the view that when we’re dealing with people’s livelihood, when we’re dealing with people’s freedom, we’re going to take this seriously,” said the chief magistrate, Alan G. Davis, a lawyer.

In New York, the justice courts have been replaced by state-financed district courts, with lawyer judges, in Nassau County and western Suffolk County. But the last major calls for statewide reform sputtered out in the early 1980’s, and the amount of training for justices has not changed. Those without law degrees must take six days of classes at the start. Lawyers do not have to attend, but all justices must take a 12-hour refresher course once a year.

Maryrita Dobiel, who runs the training program for the Office of Court Administration, said the classes provide an introduction to legal principles, but not much more, given a student body with such varying levels of education. “We have to teach to the lowest common denominator,” she said. General principles of criminal law, a subject that takes up a semester or more in law school, gets about five hours.

At training’s end, justices must score at least 70 percent on a test of 50 questions, all true or false. Those who fail can retake the course, and the test. “We don’t decide whether they’re qualified to be a judge,” Ms. Dobiel said. “The people who have elected them have already made that decision.”

The real test comes on the bench.

Several justices have threatened to arrest litigants in small-claims cases, showing they do not understand the difference between civil and criminal cases. Others have told the judicial conduct commission that they disagreed with the constitutional guarantee that a defendant is entitled to a lawyer.

John D. Cox, a quarry manager in Le Ray, near Watertown, summarily jailed people who were unable to pay fines, the commission said. But he received the lightest public penalty, an admonition, in 2002 after he explained that in 22 years in office, he had never been taught that state law allows defendants a new hearing and a lawyer when they say they cannot pay their fine.

The justices do have something of a lifeline: They can call a resource center near Albany where four lawyers field more than 18,000 questions a year. But there are limits on what the center tries to do.

“We tell them what their options are,” said the center’s supervisor, Paul Toomey. “We don’t tell them they’re wrong.”

Power and Prejudice

Few people who came to his court ever told Donald R. Roberts he was wrong. A strapping former state trooper, he was working as a gas-company truck driver when he was appointed village justice in Malone, near the Canadian border, in 1993. When he was removed five years later, the Commission on Judicial Conduct dispatched him with a stinging description: “a biased, mean-spirited, bullying judge.”

It was Justice Roberts who declared that women needed “a good pounding.” He had already battled with the county district attorney over his resistance to granting orders of protection.

When a village resident asked that the dentist suing him be forced to come to court to prove his case, Justice Roberts told the man, who had a Hispanic surname: “You’re not from around here, and that’s not the way we do things around here.” The justice did not mention that the plaintiff was his own dentist.

A common argument in favor of New York’s justice courts is that local judges know the people and problems that come before them. But that can be a problem itself when justices use those prejudices to favor friends and ride herd over others.

“They have their own little fiefdoms,” said Laurie Shanks, an Albany Law School professor. “Some are benevolent despots, but despots nonetheless.”

Again and again, the commission’s records show, justices have failed to remove themselves from cases involving their own families.

In this department, Pamela L. Kadur may hold a record. As town justice in Root, west of Schenectady, she presided over at least seven cases involving relatives, who often received lenient treatment, the commission said when it ordered her removal in 2003. Justice Kadur heard a speeding case against her son in her own kitchen, then tried to cover up their family relationship in record books, the commission said, by misspelling his last name.

One longtime town justice near Albany let a friend who owned a driving school sit with him at the bench; when the justice ordered anyone to take a driver-training course, only the friend’s school was acceptable. Another justice, in Rensselaer County, told a trucker charged with drunken driving that he would not suspend his license because “I can’t do that to a fellow truck driver.”

Historically, large numbers of the justices have been former law enforcement officers, and lawyers complain that many have unfairly favored the police and prosecutors.

Some justices, unsure of the law, have also come to rely too much on the authorities. Elaine M. Rider, who presided in Waterville, near Utica, fretted that she did not “really have the time to puzzle this out” when a criminal defendant argued that evidence had been seized illegally. So she had the prosecutor write her decision, the commission said.

But one of the most common prejudices on view in the commission’s files is far more basic, and it can be found as often in the big-city suburbs that have official-looking courthouses and lawyers on the bench.

In 20 years in office in Haverstraw, north of New York City in Rockland County, Justice Ralph T. Romano drew attention for his opinions on women, state files show. Arraigning a man in 1997 on charges that he had hit his wife in the face with a telephone, he laughed and asked, “What was wrong with this?” Arraigning a woman on charges that she had sexually abused a 12-year-old boy, the justice asked his courtroom, “Where were girls like this when I was 12?”

Across the Hudson, Joseph Cerbone, the Mount Kisco justice with the miniature violin, persuaded a young woman to drop her abuse case against the son of a couple he had done legal work for. She told the commission that while she did not believe the justice’s claim that the son was “a decent guy” who had “made a mistake,” she had no choice.

“I kind of felt I had no one behind me, no support,” she said. “And by getting a phone call from a judge, I felt that maybe I was making a mistake by going through with these charges.”

But the human damage can be much worse in the small communities where the justice is often the most powerful local official.

In 11 years as justice in Dannemora, in the North Country, Thomas R. Buckley had his own special treatment for defendants without much money: Even if they were found not guilty, he ordered them to perform community service work to pay for their court-appointed lawyers, although defense lawyers and the district attorney had reminded him for years that the law guaranteed a lawyer at no cost.

“The only unconstitutional part,” he told the commission before it removed him in 2000, “is for these freeloaders to expect a free ride.”

He twice jailed David Velie, a 19-year-old charged with a misdemeanor, even though the law required him to set bail. In an interview, Mr. Buckley explained that the young man had been a troublemaker “ever since he was born.”

Like many small-town justices, he said many of his decisions were down-to-earth solutions. “You’ve got to use your own judgment,” he said. “That’s why they call us judges. The law is not always right.”

Some residents say that without the law to protect them, they lived in fear. Debra E. Bordeau, the justice’s neighbor, said she went into hiding after he threatened to jail her in a dispute over her dog, which he ordered destroyed.

And Carson F. Arnold Sr., a contractor from a nearby town, was jailed for five days after a woman who knew Justice Buckley complained that Mr. Arnold had threatened her, the commission said. There was no trial. The justice simply told Mr. Arnold to shut up, then sentenced him without bail.

“How many years did he treat people like this?” Mr. Arnold asked in an interview. “How many people did this affect?”

A Culture of Secrets

The feeling of powerlessness often begins at the courthouse door.

One longtime town justice near Albany let a friend who owned a driving school sit with him at the bench; when the justice ordered anyone to take a driver-training course, only the friend’s school was acceptable. Another justice, in Rensselaer County, told a trucker charged with drunken driving that he would not suspend his license because “I can’t do that to a fellow truck driver.”

Historically, large numbers of the justices have been former law enforcement officers, and lawyers complain that many have unfairly favored the police and prosecutors.

Some justices, unsure of the law, have also come to rely too much on the authorities. Elaine M. Rider, who presided in Waterville, near Utica, fretted that she did not “really have the time to puzzle this out” when a criminal defendant argued that evidence had been seized illegally. So she had the prosecutor write her decision, the commission said.

But one of the most common prejudices on view in the commission’s files is far more basic, and it can be found as often in the big-city suburbs that have official-looking courthouses and lawyers on the bench.

In 20 years in office in Haverstraw, north of New York City in Rockland County, Justice Ralph T. Romano drew attention for his opinions on women, state files show. Arraigning a man in 1997 on charges that he had hit his wife in the face with a telephone, he laughed and asked, “What was wrong with this?” Arraigning a woman on charges that she had sexually abused a 12-year-old boy, the justice asked his courtroom, “Where were girls like this when I was 12?”

Across the Hudson, Joseph Cerbone, the Mount Kisco justice with the miniature violin, persuaded a young woman to drop her abuse case against the son of a couple he had done legal work for. She told the commission that while she did not believe the justice’s claim that the son was “a decent guy” who had “made a mistake,” she had no choice.

“I kind of felt I had no one behind me, no support,” she said. “And by getting a phone call from a judge, I felt that maybe I was making a mistake by going through with these charges.”

But the human damage can be much worse in the small communities where the justice is often the most powerful local official.

In 11 years as justice in Dannemora, in the North Country, Thomas R. Buckley had his own special treatment for defendants without much money: Even if they were found not guilty, he ordered them to perform community service work to pay for their court-appointed lawyers, although defense lawyers and the district attorney had reminded him for years that the law guaranteed a lawyer at no cost.

“The only unconstitutional part,” he told the commission before it removed him in 2000, “is for these freeloaders to expect a free ride.”

He twice jailed David Velie, a 19-year-old charged with a misdemeanor, even though the law required him to set bail. In an interview, Mr. Buckley explained that the young man had been a troublemaker “ever since he was born.”

Like many small-town justices, he said many of his decisions were down-to-earth solutions. “You’ve got to use your own judgment,” he said. “That’s why they call us judges. The law is not always right.”

Some residents say that without the law to protect them, they lived in fear. Debra E. Bordeau, the justice’s neighbor, said she went into hiding after he threatened to jail her in a dispute over her dog, which he ordered destroyed.

And Carson F. Arnold Sr., a contractor from a nearby town, was jailed for five days after a woman who knew Justice Buckley complained that Mr. Arnold had threatened her, the commission said. There was no trial. The justice simply told Mr. Arnold to shut up, then sentenced him without bail.

“How many years did he treat people like this?” Mr. Arnold asked in an interview. “How many people did this affect?”

A Culture of Secrets

The feeling of powerlessness often begins at the courthouse door.

Many justices preside in intimidatingly tight quarters, admitting participants one by one. Many have heard testimony, settled claims or ruled in criminal cases without notifying the prosecutor, lawyers or even the people directly involved. Some justices can be very selective, state records show: At a 1999 criminal trial in Kinderhook, south of Albany, Justice Edward J. Williams admitted everyone but the victim’s lawyer.

Court sessions may be just as unpredictable — held infrequently or at odd hours, or canceled without notice. In 2004, the NAACP Legal Defense and Educational Fund found that people awaiting trial in Schuyler County in the Finger Lakes were jailed for months simply waiting for court to convene again. A high school student arrested on a minor drug charge in the summer of 2003, it said, was still sitting in jail in October.

But the biggest obstacle of all is pinning down what happens in the courtrooms.

A Rochester poverty lawyer, Laurie Lambrix, said that when she appealed the case of a mother of six — a black woman evicted in 1999 by a white landlord who she said had made racist comments — a justice in nearby Gates told her she could not examine the court file of her own client. “I knew court records were public records,” Ms. Lambrix said. “I couldn’t believe a judge would be ignorant of that.”

She was lucky; at least there were records, which she eventually obtained. In many justice courts, it is next to impossible to reconstruct what happened. Some towns spring for a stenographer or taping system, and some justices try to scrawl notes while they preside. But in some cases, there are not even notes.

When someone does appeal, the law requires that justices write a summary of the case. Justices said in interviews that their decisions were rarely appealed, anyway, and even more rarely overturned.

The Commission on Judicial Conduct, then, remains the last line of oversight for justices, and only for those who have stirred up enough concern to be reported by a prosecutor, lawyer or citizen. But the panel is stretched thin — “persistently and acutely underfunded,” as it lamented in one annual report. Its statewide staff, which numbered 63 in 1978 when it began, is down to 29.

Supporters of the justice courts have long maintained that they are no worse than the higher courts, citing commission statistics that show justices are disciplined at about the same rate as their higher-court colleagues. But responding to questions from The Times, commission officials studied the agency’s three-decade record and found — to their surprise — that cases against local justices were more likely to result in serious punishments.

Although the justices make up about 66 percent of all New York judges, they constitute 76 percent of the 147 judges who have been removed from office.

Last year, six justices were publicly disciplined for the second time, more repeat offenders than ever. But Mr. Tembeckjian, the commission administrator, said the agency had no way to keep a closer eye on them.

“It would be in the public interest for the commission to make sure that a judge who was identified as having a problem has corrected it,” he said. “But we simply don’t have the resources to do it.”

Lawrence S. Goldman, the commission’s chairman until April, said all justices should be lawyers. His successor, the divorce lawyer Raoul Felder, would not discuss the quality of the justice courts, but predicted that a reckoning was at hand.

“This is something that’s going to have to be addressed by the next governor,” he said. “There is a controversy here, and this issue has not been addressed for many, many years.”

Jo Craven McGinty contributed reporting.

Broken Bench: "This Is Not America"

“You Learn by Mistakes” -- Part 2 of 3

“Nothing Gets Done” -- Part 3 of 3

New York Times goes bankrupt by censorship of Truth - Mexican CIA narcobillionaire hijacks NYT for $250-million in hostile takeover

Tennessee dictator appoints senior judges in violation of constitutions

How Any Idiot Can Beat a Radar Speeding Ticket

Pirate News: How to Win in Traffic Court -- With or Without a Blowjob

Pirate News: How to Win in Traffic Court -- With or Without Killing Robocops

American Autobahn: As seen on History Channel TV at a LEGAL 212 mph on a public highway

Stupid in America

Failing US Students rank 25th in world, Rubber Rooms for failing US teachers

At age ten, American students take an international test and score well above the international average. But by age fifteen, when students from forty countries are tested, the Americans place twenty-fifth.

The longer kids stay in American schools, the worse they do in international competition. They do worse than kids from countries that spend much less money on education.

In New York City, it's "just about impossible" to fire a bad teacher, says schools chancellor Joel Klein. The new union contract offers slight relief, but it's still about 200 pages of bureaucracy.

"We tolerate mediocrity," said Klein, because "people get paid the same, whether they're outstanding, average, or way below average."

One teacher sent sexually oriented emails to "Cutie 101," his sixteen year old student. Klein couldn't fire him for years, "He hasn't taught, but we have had to pay him, because that's what's required under the contract."

Only after six years of litigation were they able to fire him. In the meantime, they paid the teacher more than $300,000. Klein said he employs dozens of teachers who he's afraid to let near the kids, so he has them sit in what are called rubber rooms.

This year he will spend $20 million dollars to warehouse teachers in five rubber rooms. It's an alternative to firing them.

See also:

How to Ace Your LSAT


The Law School Admission Test is a tricky test that will make your brain hurt. The test basically poses many puzzles to you that you have to solve. The more puzzles that you solve correctly, the better legal mind you supposedly have and the higher score you'll receive. Here's what kinds of questions will be on the test: Analytical Reasoning: 24 questions, 35 minutes; Logical Reasoning (Arguments): 24 to 26 questions, 35 minutes; Reading Comprehension: 26 to 28 questions, 35 minutes; Writing Sample: 1 essay, 35 minutes; Experimental (another Arguments, Games or Reading Comprehension): 35 minutes.

8-Year-Old Passes Law School Entrance Test; Authorities to Investigate

Tales Azzoni
The Associated Press
March 7, 2008

An 8-year-old boy with dreams of becoming a judge has passed a law school entrance exam -- shocking Brazil's legal profession and prompting a federal investigation.

The Universidade Paulista, a multi-campus private university, issued a statement acknowledging that Joao Victor Portellinha de Oliveira had passed the entrance exam and that it initially enrolled him. But he was turned away from classes when he showed up on Thursday with his father.

The school said that the fifth grader has to graduate from high school before he can enter the university.

The university said one of its employees erred in accepting Oliveira's enrollment and said it would return his fees to the family.

"I think they should have been more considerate," the boy's mother, Maristela, told the UOL news Web site. "At least they should've allowed him to visit the college's facilities."

The Brazilian Bar Association said the boy's achievement should be a warning about the low standards of some of the nation's law schools.

Education Minister Fernando Haddad expressed concern and said he had ordered an investigation.

Oliveira is two grade levels ahead of normal for his age -- but his mother says he's not a cloistered genius.

"He is a regular boy," she told the Folha de S. Paulo newspaper. "He is very dedicated, likes to read and study, but he has fun and makes friends."

The school earlier said the "student's performance, considering his age and level of education, was good, especially in the essay test, which revealed his good capacity to express himself and handle the language."

"My dream is to be a federal judge," the boy said, according to Globo TV's Web site. "So I decided to take the test to see how I would do ... It was easy. I studied a week before the test."

Brazil requires every student to take an entrance exam before being admitted to college. Each university administers its own test, and the exams from private institutions are usually considered to be easier than those of public universities, which are free and attract more candidates.

University officials said they could not release figures on the number of people who pass and fail the law school entrance exam.

Home-schoolers excel in Mock Trials

Are you smarter than a highskooler?

The first National High School Mock Trial ChampionshipThe National High School Mock Trial Championship is an American nationwide competition of high school mock trial teams. Last year's competition included the top teams from 42 states. In 2002, for the first time, the national title was captured by home-schoolers. Tennessee's Family Christian Academy proved it was no fluke by repeating as champions last year, the first team ever to win two consecutive titles.

Tennessee home school team wins mock trial again - Chattanooga’s Family Christian Academy won this year’s State High School Mock Trial Competition, sponsored by the Tennessee Bar Association’s Young Lawyers Division. Chattanooga attorney Jeff Atherton is the team’s coach. It was the second trip to Nashville for the championship for the home school organization — they won it last year too. They’re now on their way to the national championship in New Orleans, a trip they made last year when they competed in St. Paul, Minn., and took home Tennessee’s first-ever national mock trial title. The final match-up was presided over by Tennessee Supreme Court Justice Janice Holder.

PRO SE FOR A PRO SE: Everyone can be an Attorney-In-Fact in any trial in any court, for himself or anyone else, but not an Attorney-At-Law

A counselor; one learned in the law. Vide [see] attorney.

-Free Law Dictionary

-Black's Law Dictionary, 7th

1. One who is designated to transact business for another; a legal agent. Also termed attorney-in-fact; private attorney. 2. A person who practices law.; LAWYER. Also termed attorney-at-law; public attorney. COUNSEL.

-Black's Law Dictionary, 7th

power of attorney.
1. An instrument granting someone authority to act as an agent or attorney-in-fact for the grantor.
-Black's Law Dictionary, 7th

power of attorney.
A power of attorney (POA) or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the principal, granter or donor (of the power), and the one authorized to act is the agent, the attorney-in-fact, or in many Common Law jurisdictions, simply the attorney. The term attorney-in-fact is commonly used in the United States, to make a distinction from the term attorney at law. An attorney-at-law in the United States is a lawyer—someone licensed to practice law in a particular jurisdiction. In most other common law jurisdictions, lawyers are not called attorneys. In those jurisdictions the term "attorney" is used instead of "attorney-in-fact".

(9)(a) "Any law student who has successfully completed one-half of the legal studies required for graduation in an approved law school in the State of Tennessee may, with the written approval of the Supreme Court of Tennessee, provide legal services to, and/or may appear in any municipal, county or state court on behalf of, any person or entity financially unable to afford counsel or on behalf of the state of Tennessee or of any municipal or county government; provided, however, that the law student is participating in a law school clinical program, furnishing assistance through a legal aid program, or serving as an assistant to a District Attorney General, Public Defender, the state’s Attorney General, the general counsel of any state agency, or a county or municipal legal director’s office; and that the law student is under the immediate and personal supervision of a member of the law school’s faculty, a licensed legal aid attorney, a District Attorney General or designated Assistant District Attorney General, a District Public Defender or designated Assistant District Public Defender, the Attorney General of Tennessee or any assistant in his or her office, the general counsel of any state agency or any staff attorney in his or her office, or the director of a county or municipal legal office or designated staff attorney."

(12) "This Rule applies to the sale of a law practice by representatives of a deceased, disabled or disappeared lawyer. Thus, the seller may be represented by a non-lawyer representative not subject to these Rules. Because, however, no lawyer may participate in a sale of a law practice that does not conform to the requirements of this Rule, the representatives of the seller as well as the purchasing lawyer can be expected to ensure that the requirements are met."

"We researched all 50 States and all the federal circuits on Westlaw to find all reported cases in which nonlawyers were permitted to represent parties in law cases."
-Barbara C. Johnson attorney at law,, When Nonlawyers Represent Parties and the Representation Does Not Constitute the Unauthorized Practice of Law

"To be a Social Security representative, a person does not have to be a lawyer. Many companies which advertise as representatives not affiliated with lawyers and do not send lawyers to the hearing with their clients. Many lawfirms send their paralegals to the final evidentiary hearing on their social security claims. A lawyer does not attend the final hearing."
-Kinsell, Zadel & Whitaker attorneys at law, How to choose a Social Security Disability Law Firm

"He who represents himself has a fool for a client."
-President Abraham "Lincoln" Rothschild, unlicensed lawyer who never attended law school and never passed a bar exam, shot dead by his own secretary of war, after genociding 1-million US citizens in the Mother of All Wacos

pro se.
Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Pro se is a Latin phrase meaning "for oneself". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is "Litigant in Person". In the United States, many state court systems and the federal courts are experiencing an increasing proportion of pro se litigants.[1] In the United States federal court system for the year 2007 approximately 27% of actions filed, 92% of prisoner petitions and 10% of non-prisoner petitions were filed by pro se litigants. In 100-million annual traffic ticket defense trials in USA, 99% of defendants are pro se. In criminal cases, 34% of pro se writs were granted versus 45% of writs submitted by counsel. According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law, 'After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill….In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts…of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge….for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge…. Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies…in federal court…the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.'"

Fair use for non-profit news commentary and internet archive per 17 US Code 107

Wednesday, January 21, 2009

Spank kids, go to jail as a TERRORIST


"Freeman" faces up to 21 years in prison and fines up to $350,000 if convicted. She was not allowed a lawyer for 3 months while in federal jail, than was coerced to plead guilty without trial, and MAY be sentenced to four to 10 months of home detention at her sentencing hearing Jan. 18. JUDGES NEVER HAVE TO OBEY ANY PLEA AGREEMENT SIGNED BY PROSECUTORS AND DEFENDANTS...

Her "Public defender" lawyer is employed by the govt to LOSE as condition of employment.

This "Most Wanted Terrorist Mommy" even got her own webpage at US Dept of "Justice". (PR damage control)

FBI DOJ Affidavit of Complaint was NOT signed by an eyewitness to the alleged crime, with perjury by FBI agent (dropping tomato juice is not "assault").

In-flight confrontations can lead to charges defined as terrorism

LA Times
January 20, 2009

Tamera Jo Freeman lost custody of her children after an incident on a Frontier Airlines flight. "A woman spanking her child is not as great a threat to aviation as members of Al Qaeda with box cutters," says one expert.

At least 200 passengers have been convicted of felonies under the Patriot Act, often for behavior involving raised voices and profanity. Some experts say airlines are misusing the law.

Reporting from Los Angeles and Oklahoma City -- Tamera Jo Freeman was on a Frontier Airlines flight to Denver in 2007 when her two children began to quarrel over the window shade and then spilled a Bloody Mary into her lap.

She spanked each of them on the thigh with three swats. It was a small incident, but one that in the heightened anxiety after the Sept. 11 terrorist attacks would eventually have enormous ramifications for Freeman and her children.

A flight attendant confronted Freeman, who responded by hurling a few profanities and throwing what remained of a can of tomato juice on the floor.

The incident aboard the Frontier flight ultimately led to Freeman's arrest and conviction for a federal felony defined as an act of terrorism under the Patriot Act, the controversial federal law enacted after the 2001 attacks in New York and Washington.

"I had no idea I was breaking the law," said Freeman, 40, who spent three months in jail before pleading guilty.

Freeman is one of at least 200 people on flights who have been convicted under the amended law. In most of the cases, there was no evidence that the passengers had attempted to hijack the airplane or physically attack any of the flight crew. Many have simply involved raised voices, foul language and drunken behavior.

But at least one passenger, John Carlson, a defense attorney who was seated near Freeman, said there was no threat. "There was a nasty, loud exchange," Carlson said. Then Freeman "capitulated and offered no resistance. My sympathy shifted to her."

After three months in jail, Freeman agreed to plead guilty in exchange for being released on probation. A court-appointed attorney told her that a plea deal would be the fastest way to see her children, who had been taken back to Hawaii and put into foster care.

Her probation required her to stay in Oklahoma City, where she grew up, and prohibited her from flying. Meanwhile, legal proceedings in Hawaii have begun to allow the children's foster parents to adopt them.

Freeman has been denied permission to attend custody hearings in Maui over the last six months, court records show.

"I have cried. I have cried for my children every day," Freeman said. "I feel the system is failing me."

Never mind that 9/11 was an inside job by psycho Big Brother, as confessed in Pentagon's Operation Northwoods and ABC News. That's why I always carry multiple copies of Northwoods when I fly airlines. It's probably a good idea for driving a car too, just in case its needed in court.

Dictator Bush did not "allow" Congress to read the U.S.A.P.A.T.R.I.O.T. Act before signing it.

[quote]"The term `domestic terrorism' means activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State."
—Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 - U.S.A.P.A.T.R.I.O.T. Act, 18 US Code 2331

"My message to America this morning, then, is this: If YOU fit this definition of a 'terrorist', fear the United States, for YOU WILL lose your liberty! We have engaged in a deliberate campaign of arrest and detention of law breakers."
—John Ashcroft, US attorney general, Senate Committee on the Judiciary, December 6, 2001

"After my car broke down on the Interstate highway in Nashville, Tennessee, Metro police towed and impounded my car and issued me a parking citation for 'violating the Homeland Security Act'."
—Disgruntled Driver, 1510AM, Legally Speaking talk radio show, May 8, 2004

"SUMMARY: Creates crime of terrorism. Punishes by life imprisonment.
(1) A person commits the crime of terrorism if the person knowingly plans, participates in or carries out any act that is intended, by at least one of its participants, to disrupt:
(a) The free and orderly assembly of the inhabitants of the State of Oregon;
(b) Commerce or the transportation systems of the State of Oregon; or
(c) The educational or governmental institutions of the State of Oregon or its inhabitants.
(2) A person commits the crime of terrorism if the person conspires to do any of the activities described in subsection (1) of this section.
(4) (a) A person convicted of terrorism shall be punished by imprisonment for life. (b) When a person is convicted of terrorism under this section, the court shall order that the person be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp."
Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:
The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:
(1) Bribe giving
(7) Official misconduct in the first degree
(16) Possession of materials depicting sexually explicit conduct
(17) Theft
(24) Unauthorized use of a vehicle
(26) Laundering a monetary instrument
(27) Engaging in a financial transaction in property derived from unlawful activity
(28) Burglary
(31) Unlawful entry into a motor vehicle
(34) Computer crime
(39) Unlawful recording of a live performance
(40) Unlawful labeling of a videotape recording
(50) Fraudulently obtaining a signature
(51) Fraudulent use of a credit card
(52) Negotiating a bad check
(55) Falsifying business records
(56) Sports bribery
(59) Issuing a false financial statement
(69) Unlawful possession of a firearm
(80) Improperly transferring a handgun
(89) Prostitution
(93) Unlawful gambling
(99) Cheating
(103) Animal abuse
(105) Animal neglect
(110) Unauthorized use of a livestock animal
(117) Unlawful delivery of an imitation controlled substance
(123) Misuse of an identification card
(129) Criminal driving while suspended or revoked
(130) Driving while under the influence of intoxicants
(132) Terrorism, as defined in section 1 of this 2003 Act
—72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session, Senate Bill 742, amendment to Chapter 666, Oregon Laws 2001,, "Oregon Bill Gives Protestors LIFE In Prison In Forest Work Camp - Reclassifies ALL Crimes as 'Terrorism'"

"Government control of Communications and Transportation."
-Communist Manifesto, 6th Plank, written by Karl Marx in London, England, United Kingdon of the British Empire

"What we need is more Red terror! More and more and more!"
-Jewish Communist dictator Vladimir Lenin

"You will be happy to learn that the former head of the KGB (the secret police of the former Soviet Union), General Yevgeni Primakov, has been hired as a consultant by the US Department of Homeland Security."
-Al Martin,, Behind the Scenes in the Beltway, "Get Ready for the USSA (The United Soviet States of America)," March 17, 2003

Govt has gone insane, and the Demorat and Republicon parties are criminal organizations, a terminal cancer feeding on the sheeple. USA DOA RIP.


I note for the record that she broke the law not by spanking her children. She broke it by causing a disturbance, then refusing to stop when asked by a person with legal authority, and then again by throwing the juice.

I note she'd been drinking.

On the ground in Ohio this would have amounted to Disorderly Conduct, not the MM variety, but rather a Misdemeanor of the Fourth Degree punishable by up to 30 days in jail and $250 fine. "I had no idea I was breaking the law," is absurd, such behaivor is illegal at any altitude.

I agree that such behaivor on an airplane is even more serious. There must be strict compliance with the requests of the crew members of the airplane. Three months seems excessive, but not unreasonable since she showed little or no remorse.

In light of recent events in which a highly trained flight crew saved every life on the airliner that crashed in the Hudson River...perhaps more consideration of their duties is in order. They are trained professionals who should not have to deal with intoxicated persons engaging in disruptive behaivor.

I note this conduct would have been a great distraction for a group of terrorist to have used to surprise the crew and gain control of the aircraft.

This woman stressed out while traveling with her kids. It happens.

Kids spilling a drink is not a crime for parents.

If airlines don't want "intoxicated" passengers, they shouldn't profit from selling them alcohol on airliners. Waitresses who serve alcohol MUST be prepared to tolerate buzzed behavior from their customers.

She was never proven to be "intoxicated". "Intoxicated" is defined by cops and courts as "one sip of alcohol in 24 hours".

"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
—Tennessee Driver Handbook and Driver License Study Guide

Pilots who drink COFFEE in AIRPORTS are now sentenced to 5 years in prison for "intoxication".

Profanities are ALWAYS allowed to be hurled at anyone, including cops, according to that pesky 1st Amendment to US Constitution and US Supreme Court, fed courts and Montana Supreme Court.

But it's probably not a good idea to call a judge a Nazi pig, since "contempt of court" is a life sentence on death row.

Bogus laws are are null and void, such as U.S.A.P.A.T.R.I.O.T. Acts that define all normal behavior as "crime".

"A law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument."
-Chief Justice John Marshall, U.S. Supreme Court, Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

Denial of legal representation IS a crime punishable by incarceration and civil compensation.

What this sheep was guilty of is being ignorant of her Constitutional rights and Criminal Procedure, then not being able to afford a REAL lawyer. That crime is punishable by death.

All airlines and flight crew are guilty of aiding and abetting the 9/11 terrorist massacres by the Bush White House, Israeli Mossad, Canadian NorthCom and British MI6, when they accepted billion$ in bribes to STFU. This crime was punished by loss of over 100,000 jobs and bankruptcy.

As for "highly skilled airline crews", the best pilot on planet Earth was praised as a hero for gliding an Airbus for 30 minutes over the ocean at night, blinded without electricity, then landed on an island without falling off a cliff. Then he was blamed for the computer malfunction and Communist Chinese engine defect, and reported as being a convicted drug felon.

Give the pilots guns, and let waitresses leave the passengers alone. Let family visit departure lounges without strip searches. Teach every human being on Earth that THE US GOVT HIJACKS US AIRLINERS BY REMOTE CONTROL in Operation Northwoods.

The fed prosecutor trying to jail me for 6 months with $5,000 fine, for the crime of driving safely at 45 mph, got fired or quit during my trial and appeal. I suspect he realized what a farce his job was.

The real criminals are required to be worshipped as gods, even while they overthrow USA. If a prosecutor, cop, judge or politician actully does the right thing, they get fired, or worse.

"Laws are like spider webs - small bugs get captured and the big bugs fly right through."
-Honore de Balzac (paraphrase)

Monday, January 19, 2009

Happy FBI Assassinated MLK Day

Ellsberg ties FBI to King shooting

Knoxville News-Sentinel
Page 1 banner headline
12 November 1978

MEMPHIS --A notarized statement by Daniel Ellsberg, released to The News-Sentinel Saturday night by James Earl Ray's attorney, Mark Lane, states flatly that an aide to UN Ambassador Andrew Young told Ellsberg, "We know there was a conspiracy (to kill Dr. Martin Luther King) and we know who did it."

Ellsberg's affidavit claims he was told there was definitely FBI involvement in the murder.

Dream by Team 13

Lane said the 44-page affidavit by Ellsberg, who gained worldwide attention by leaking the now-famed Pentagon Papers secrets, will be one of the chief pieces of evidence used in seeking a new trial for Ray.

The completed text of the affidavit was signed and notarized in San Francisco Oct. 20.

In the statement, Ellsberg tells of a conversation he had with ,y~on Brady, the young aide, in June. I-M .said Tyson tokl Brady the conspiratms included a group of off-duty and retired FBI officers w0rking under the directin of J. Edgar Hoover, who was head of the, FBI in 19 when Dr. King was shot to death m Memphis.

Ellsberg's statement says that Tyson told him it is believed that the group had a "sharp-shooter who actually did the shooting. To hear this presentation, as an absolute fact from someone in the U.S. government was startling.

Lane also had a statement he said was made by Rev. James Lawson, a Los Angeles minister who married James Earl Ray and Knoxville free-lance artist Anna Sandhu last month. Ray is serving a 99year prison sentence for the slaying of Dr. King. However, the statement was 'not signed by Rev. Lawson. Lane said Lawson is sending him a similar, notorized statement.

The affidavit from Ellsberg said that Tyson claimed to have knowledge of the King murder through conversations with Rep. Walter Fauntroy, 'chairman of the House Assassination~ Committee. He said told him investigators believe they the names.

Ellesberg was reported to be in Colorado Saturday night and could not be for comment. Ellesberg said he assumed the information would come out at U.S. House Select Committee on Assassinations hearings on Dr. King's shooting, and that when it didn't he approached Lane.

In another development Saturday night, Michael Eberhardt, the house committee's assistant chief deputy counsel, resigned to show his dissatisfaction with the panel'a decision not to recall Ray.

Lane also said he will have additional affidavits soon, including one in which Rep. Fauntroy contends he was approached by CIA agents, who told him they would help provide him information about the FBI involvement in the King death if Rep. Fauntroy would promise not to delve into the assassination of President John F. Kennedy.

Tyson, reached at his New York City residence, said, "I will deny under oath that I said I knew who did It."

He said he was speculatingwtth Ellsberg on who might have killed King and expressed his personal theory that the FBI conducted the assassination.

He said he has had a "couple of conversations with Walter (Fauntroy)" about the House assassination investigation. However, he said nothing specific was discussed.

He said he has heard that Fauntray's life has been threatened, but did not gain the information from Fauntroy. He said that he and others believe that the possible FBI involvement in King's death needs further investigation.

Jesse Jackson was the FBI informant who got MLK to step out on the balcony for the kill shot.

Ray did not get a new trial in Tennessee since his appellate judges had the bad habit of dropping dead in their chambers.

LEO Good Old Boy Roundup Scandal - Censored by Google

My next-door neighbor Gene Rightmyer, BATF agent, organized and led the Roundup from 1980 through 1995. LEO gathering with African American check points & African American Hunting licenses. African American isn't the word they used.

Good O' Boy Roundup Report - March, 1996

US Dept of Justice
10. 1989


In this year we first received numerous allegations of racist conduct. Approximately 550 persons attended some portion of the Roundup in 1989. [ Based on attendee estimates and records of registrations in prior and subsequent years, we would estimate that approximately 350 people actually registered to attend the 1989 Roundup and approximately 50 local law enforcement and 100 to 150 or so "guests" stopped into the campground during some portion of the Roundup. As this was prior to the institution of the wristband system which significantly improved methods for keeping out non-paying guests, it is likely that the numbers of "guests," or more likely, "party crashers," may have been at the higher end of that range. ] Of these, we have identified 275 and interviewed 124, including 5 DOJ employees. Treasury OIG and other agencies interviewed an additional twenty-eight persons. The only minority attendees identified were the Filipino and the Native American civilians who had attended previously.

1989 T-shirt
Fig. 17

The MOB and REX were instituted by this year and a DOJ employee served on the MOB, having responsibility for making sure there were enough judges for the volleyball tournament. The Redneck of the Year was a Birmingham, Alabama, police officer. A Secret Service agent was elected president of the Roundup. The official T-shirt had two good o' boys on the front: one saying he will give $75 and another saying he wants to watch. These are references to the auction the previous year where some attendees presented a female "groupie" who they said would perform oral sex on the highest bidder. A woman in the crowd, saying that her husband did not believe she was good at that sex act, offered money to be able to watch the winner receive his prize so she could learn some new techniques. [ Rightmyer told us that although the high bidder paid the amount he bid for the offered service, the bidder never sought to have the service performed. Rightmyer claimed that the bids were all in "the spirit" of the auction which was to raise money for an ATF agent's daughter who was in a coma. ]

Virtually all the allegations of racist conduct for this year were made by Richard Hayward. In his affidavit to the Senate Judiciary Committee, Hayward alleged that he attended the Roundup for the first time in 1989 and that when he arrived at the check-in point there were:

several signs posted such as "No Niggers Allowed" and "Nigger Deposit Point." These signs remained posted during the entire event. The check-in point also had an effigy or dummy of a black person hanging from a tree. This effigy remained at the check-in point throughout the event. Moreover, BATF agents and other law enforcement officers would surround each vehicle as it approached, stop it, and rock the car while shouting "got any niggers in that car??!" and other such remarks.

Subsequently Hayward also alleged that people sold cassette tapes of racist material at the 1989 Roundup and that he had purchased one. Hayward further claimed that there was a T-shirt with a "silhouette of a black person with a large Afro running and it had a bull's eye on it." He called it the "running nigger" T-shirt.

3. Racist T-shirts

The melange of allegations of specific racist conduct in the July 11 Washington Times article also included descriptions of racist T-shirts for sale at the campground. The article described examples of such shirts as "Martin Luther King's face behind a target, O.J. Simpson in a hangman's noose and white D.C. police officers with a black man sprawled across the hood of their car under the words 'Boyz on the Hood.'" The article claimed such items were "still" for sale at the 1995 Roundup. These allegations were repeated at the Senate Judiciary Committee hearing on July 21. In his affidavit to the Committee, Hayward alleged that District of Columbia Metropolitan police officers had shirts showing black suspects spread across the hood of a police car with the words "Boyz on the Hood." He also alleged that individuals from another agency had a "pocket nigger" T-shirt with a picture of the Buckwheat character from the Little Rascals television program "coming out of the pocket." He claimed further to have seen a Roundup participant wearing a T-shirt with a silhouette of an African-American with "cross-hairs" on it, which he called the "running nigger" T-shirt.

These serious allegations were carefully explored in numerous interviews conducted by OIG and in investigations shared with OIG. We address the evidence and our findings on each allegation.

Obama Death Watch

Jewish FBI hitman confesses sanctioned murders in autobiography

"As a member of the FBI execution squad, and of the OSS before that, I was a professional killer. I dealt with both sides, the government and the Families, La Familia, or The Good People, put aside all their differences with Uncle Sam, and even local authorities. That was the type of alliance J. Edgar Hoover had with the Familes. We used the ways of evil. First of all, I'm Jewish. I made my bones for the
Luchese Family in 1944, just before I went into the Navy. They were holding a rat in the drunk tank at the Lower East Side precinct house. The cops tossed me in the lockup with the rest of the drunks, then slipped a knife into my pocket. Then I cut him. They let me out of the lockup, packed me in a [patrol] car, and we [the cops] ditched the knife in the East River. I went down to Atlanta for Mr. Hoover to turn up informants who'd testify against the Ku Klux Klan. I had to join them, fight along side them, carry a baseball bat and bust windows in Baptist churches and synagogues. The most lucrative work I had was for the boys in the Fortune 500 who wanted jobs done but couldn't get the police to do them. The real news never hits the Wall Street Journal. I could pretend I was a homicide dick when I was really going over the police intelligence files to make secret hits for Mr. Hoover. 'Jews are damn smart people, Little Mike,' Brannel said. 'They control everything. Lot's of hebes look like decent white people. That's what makes 'em so dangerous.' 'There's only one thing worse than a nigger,' I said. 'And that's a goddamn fucking Jew! And what do you call a Jew fag? A fuckin' Jew cocksucker,' I said. The Big Man was dead serious: 'Mister, you sure can throw shit. Even I can tell that's pure shit, hot and smokin' right out of the goddamn bull. I'd swear you're a Jew rat sent down here from the government. You're gonna use your hands on somebody and I'm gonna watch.' The car stopped across the street from Temple Israel. I began to pray to myself. I knew God was watching me. We got out of the car and broke into the temple. There was the torah right in front of me. I wanted to kiss it like I was taught to do. I remembered how the rabbi loved the torah. I remembered how my father and brother carried it through the synagogoue. I had learned to read it and revere it. And now I was spitting on their graves. I could hear the Kol Nidra chant as I was committing the gravest of sins. Ray took the silver crowns and carried them away as booty. 'What's going on?' the rabbatical student demanded. 'I'm calling the police,' Cooper said. 'Get him Mike', the Big Man said. I knew this was my test, How could I hurt a rabbi? How could I have gone this far? I caught Mark Cooper by the neck and spun him down the stairs. I jumped on him and gave him a few sharp jabs to his ribs. Then I gave him a sharp rabbit punch to the back of his neck. I threw a hard right to Cooper's stomach, and then a left to his jaw. Then I put more body shots to his ribs. As he dropped to his knees I heard him chanting Kaddish, our prayor for the dead. I threw a right straight to his jaw. Cooper's head snapped out of the Big Man's hands and he flipped over backwards. He lay there unconscious. 'That's only a warning, Jew Boy,' he said to the rabbi. We got into the station wagon and drove off. I just kept asking God for forgiveness in the same breath I cursed J. Edgar Hoover. By the time we reached the temple in Westgate, they had set up a huge cross and set it aflame. Soon the giant windows in the sanctuary began to shatter and it was Kristallnacht all over again. Only this time, I was throwing the bricks and cursing the name of the God of my fathers. To my astonishment, the police just stood there. I tossed a torch through the open window of a police car. Nobody saw me do it, even the asshole cop standing in front of it and screaming, 'Jew, Jew, Jew!' Then the whole police car exploded. Hoover of the FBI had a message for me. My assignment in Atlanta was finished. I was proud of what I did. So what if I was a hitter? I saw what the cops were doing, and the FBI, CIA, and plenty of other government agencies with lots of lettrs that really stand for 'Blow their brains out and don't tell nobody.' I'll tell you something about the law and what it means to be inside it and outside of it. I was both at the same time and you can't tell one from the other. Because law is made by the lawyers for lawyers. It ain't made for people. When you wanna take something that's outside the law and bring it inside the law, you simply change the law. They did the same thing with the numbers racket, and called it a 'lottery'. The Old Man was crazed over an appellate judge out in Kansas. Knew he was bought and paid for. The judge had a real weak spot for little girls, buying and selling them like commodities futures. The local cops couldn't touch him. LBJ threw up his hands and told the Old Man the judge would be in office for 'the rest of his life', then winked. That was all the Old Man needed. They sent me down to do the hit. I gave this Kansas judge hs money's worth. Gun goes right in his mouth and ba-da-boom: the judge's brains are all over the cleaning locker. What a mess. I was an artist. When a guy got hit, he knew he was getting a hit. That's why they call it a hit."

by "Michael Milan"

alias, "MI-KUL" = victim/survivor of MK/ULTRA Mafia/CIA-KGB/NAZI Mind-Kontrol lobotomy program by US Veterans Administration's "hospital" Death-Camp Gulag
FBI-NYPD homicide detective, Jewish enforcer and hitman for Sicilian-Mafia, FBI assassin of CIA-KGB agents for homosexual African-American Director of FBI J. Edgar Hoover, from his autobiography: The Squad - the Shocking True Story of J. Edgar Hoover's Private Hit Team, and the US Government's Secret Alliance with Organized Crime!, copyright 1989 by Rose Ann Levy and Shadow Lawn Press, Shapolski Publishers, a Berkley Book


FBI confessed on audiotape and in court as published by NY Times.


James Banford from ABC News reported on Pentagon's Operation
Northwoods plot to perp domestic terrorism AND ASSASSINATIONS in USA
to blame a foreign nation and "justify" invasion

Body of Secrets


Friendly Fire: US military wanted to provoke war with Cuba

U.S. Military Drafted Plans to Terrorize U.S. Cities to Provoke War
With Cuba

By David Ruppe
May 1, 2001

In the early 1960s, America's top military leaders reportedly drafted
plans to kill innocent people and commit acts of terrorism in U.S.
cities to create public support for a war against Cuba.

Code named Operation NORTHWOODS, the plans reportedly included the
possible assassination of Cuban émigrés, sinking boats of Cuban
refugees on the high seas, hijacking planes, blowing up a U.S. ship,
and even orchestrating violent terrorism in U.S. cities. The plans
were developed as ways to trick the American public and the
international community into supporting a war to oust Cuba's then new
leader, communist Fidel Castro.

America's top military brass even contemplated causing U.S. military
casualties, writing: "We could blow up a U.S. ship in Guantanamo Bay
and blame Cuba," and, "casualty lists in U.S. newspapers would cause
a helpful wave of national indignation."

Details of the plans are described in Body of Secrets (Doubleday), a
new book by investigative reporter James Bamford about the history of
America's largest spy agency, the National Security Agency. However,
the plans were not connected to the agency, he notes.

The plans had the written approval of all of the Joint Chiefs of
Staff and were presented to President Kennedy's defense secretary,
Robert McNamara, in March 1962. But they apparently were rejected by
the civilian leadership and have gone undisclosed for nearly 40 years.

"These were Joint Chiefs of Staff documents. The reason these were
held secret for so long is the Joint Chiefs never wanted to give
these up because they were so embarrassing," James Bamford told

"The whole point of a democracy is to have leaders responding to the
public will, and here this is the complete reverse, the military
trying to trick the American people into a war that they want but
that nobody else wants."

Gunning for War

The documents show "the Joint Chiefs of Staff drew up and approved
plans for what may be the most corrupt plan ever created by the U.S.
government," writes Bamford.

The Joint Chiefs even proposed using the potential death of astronaut
John Glenn during the first attempt to put an American into orbit as
a false pretext for war with Cuba, the documents show.

Should the rocket explode and kill Glenn, they wrote, "the objective
is to provide irrevocable proof … that the fault lies with the
Communists et all Cuba [sic]."

The plans were motivated by an intense desire among senior military
leaders to depose Castro, who seized power in 1959 to become the
first communist leader in the Western Hemisphere — only 90 miles from
U.S. shores.

The earlier CIA-backed Bay of Pigs invasion of Cuba by Cuban exiles
had been a disastrous failure, in which the military was not allowed
to provide firepower. The military leaders now wanted a shot at it.

"The whole thing was so bizarre," says Bamford, noting public and
international support would be needed for an invasion, but apparently
neither the American public, nor the Cuban public, wanted to see U.S.
troops deployed to drive out Castro.

Reflecting this, the U.S. plan called for establishing prolonged
military — not democratic — control over the island nation after the

"That's what we're supposed to be freeing them from," Bamford
says. "The only way we would have succeeded is by doing exactly what
the Russians were doing all over the world, by imposing a government
by tyranny, basically what we were accusing Castro himself of doing."

'Over the Edge'

The Joint Chiefs at the time were headed by Eisenhower appointee Army
Gen. Lyman L. Lemnitzer, who, with the signed plans in hand made a
pitch to McNamara on March 13, 1962, recommending Operation
Northwoods be run by the military.

Whether the Joint Chiefs' plans were rejected by McNamara in the
meeting is not clear. But three days later, President Kennedy told
Lemnitzer directly there was virtually no possibility of ever using
overt force to take Cuba, Bamford reports. Within months, Lemnitzer
would be denied another term as chairman and transferred to another

The secret plans came at a time when there was distrust in the
military leadership about their civilian leadership, with leaders in
the Kennedy administration viewed as too liberal, insufficiently
experienced and soft on communism. At the same time, however, there
real were concerns in American society about their military
overstepping its bounds.

There were reports U.S. military leaders had encouraged their
subordinates to vote conservative during the election.

And at least two popular books were published focusing on a right-
wing military leadership pushing the limits against government policy
of the day. The Senate Foreign Relations Committee published its own
report on right-wing extremism in the military, warning
a "considerable danger" in the "education and propaganda activities
of military personnel" had been uncovered. The committee even called
for an examination of any ties between Lemnitzer and right-wing
groups. But Congress didn't get wind of Northwoods, says Bamford.

"Although no one in Congress could have known at the time," he
writes, "Lemnitzer and the Joint Chiefs had quietly slipped over the

Even after Lemnitzer was gone, he writes, the Joint Chiefs continued
to plan "pretext" operations at least through 1963.

One idea was to create a war between Cuba and another Latin American
country so that the United States could intervene. Another was to pay
someone in the Castro government to attack U.S. forces at the
Guantanamo naval base — an act, which Bamford notes, would have
amounted to treason. And another was to fly low level U-2 flights
over Cuba, with the intention of having one shot down as a pretext
for a war.

"There really was a worry at the time about the military going off
crazy and they did, but they never succeeded, but it wasn't for lack
of trying," he says.

After 40 Years

Ironically, the documents came to light, says Bamford, in part
because of the 1992 Oliver Stone film JFK, which examined the
possibility of a conspiracy behind the assassination of President

As public interest in the assassination swelled after JFK's release,
Congress passed a law designed to increase the public's access to
government records related to the assassination.

The author says a friend on the board tipped him off to the documents.

Afraid of a congressional investigation, Lemnitzer had ordered all
Joint Chiefs documents related to the Bay of Pigs destroyed, says
Bamford. But somehow, these remained.

"The scary thing is none of this stuff comes out until 40 years
after," says Bamford.



(declassified 2000)

The Joint Chiefs of Staff
Washington DC

Memorandum for the Secretary of Defense

Subject: Justification for U.S. Military Intervention in Cuba (TS)
(pdf images of actual documents, 15 pages, 750kb)

JCS to Secretary of War Robert McNamara
March 13, 1962
[Declassified 2000 under court order in Freedom of Information Act

1. The Joint Chiefs of Staff have considered the attatched memorandum
for the chief of Operations, Cuba Project, which responds to a
request by that office for brief but precise description of pretexts
which would provide justification for US military intervention in

2. The Joint Chiefs of Staff recommend that the proposed memorandum
be forwarded as a preliminary submission suitable for planning
purproses. It is assumed that there will be similar submissions from
other agencies and that these inputs will be used as a basis for
developing a time-phased plan. Individual projects can then be
considered on a case-by-case basis.

3. Further, it is assumed that a single agency will be given the
primary responsibility for developing military and para-military
[terrorist] aspects of the basic plan. It is recommended that this
responsibility for both overt and covert military operations be
assigned to the Joint Chiefs of Staff.

For the Joint Chiefs of Staff
signed: L.L. Limnitzer
Chairman, Joint Chiefs of Staff

Note by the Secretaries
to the Joint Chiefs of Staff
on Northwoods

Footnoted memorandums:

"Operation Mongoose"

"Instances to Provoke Military Actions in Cuba"


This paper NOT be forwarded to commanders of specified or unified

This paper NOT be forwarded to US officers assigned to NATO

This paper NOT be forwarded to the Chairman, US Delegation, United
Nations Military Staff Committee.

Such a plan would enable a logical buildup of incidents to be
combined with other seemingly unrelated events to camoflage the
ultimate objective and create the necessary impression of Cuban
rashness and irresponsibility on a large scale, directed at other
countries in addition to the United States. The desired resultant
from the execution of this plan would would be to place the United
States in the apparent position of suffering defensible grievances.

A series of well-coordinated incidents will be planned to take place
to give genuine appearance of being done by hostile Cuban forces.

Incidents to establish a credible attack:

Start rumors (many). Use clandestine radio.

Land friendly Cubans in uniform "over-the-fence" to stage attack on
the base.

Capture Cuban (friendly) sabateurs inside the base.

Start riots near the entrance to the base (friendly Cubans).

Blow up ammunition inside the base; start fires.

Burn aircraft on airbase (sabatage).

Lob morter shells from outsidethe base to inside the base. Some
damage to installation.

Capture assault teams.

Capture militia group which storms the base.

Sabotage ship in harbor; large fires -- napthalene [napalm].

Sink ship near harbor entrance. Conduct funerals for mock-victims.

(b) United States would respond by executing offensive operations.

3. A "Remember the Maine" incident could be arranged in several

a. We could blow up a US ship and blame Cuba.

b. We could blow up a drone (unmannded) vessel anywhere in the Cuban
waters. The presense of Cuban planes or ships merely investigating
the intent of the vessel could be fairly compelling evidence that the
ship was taken under attack. The US could follow with an air/sea
rescue operation covered by US fighters to "evacuate" remaining
members of the non-existant crew. Casualty lists in US newspapers
would cause a helpful wave of national indignation.

c. We could develop a Communist Cuba terror campaign in the Miami
area, in other Flordia cities and even in Washington. The terror
campaign could be pointed at Cuban refugees seeking haven in the
United States. We could sink a boatload of Cubans enroute to Florida
(real or simulated). We could foster attempts on lives of Cubans in
the United States even to the extent of wounding in instances to be
widely publicized. Exploding a few bombs in carefully chosen spots.
The arrest of Cuban agents and the release of prepared documents
substantiating cuban involvement.

5. A "Cuban-based, Castro-supported" filibuster could be simulated
against a neighboring Caribbean nation. These efforts can be
magnified with additional ones contrived for exposure. "Cuban" B-26
or C-46 type aircraft could make cane-burning raids at night. Soviet
Bloc incidiaries could be found. This could be coupled with "Cuban"
messages to the Communist underground and "Cuban" shipments of arms
which would be found, or intercepted, on the beach.

6. Use of MIG-type aircraft by US pilots could provide additional
provocation. Harassment of civil air, attacks on surface shipping,
and destruction of US military drone aircraft by MIG type palnes
would be useful. An F-86 properly painted would convince air
passengers that they saw a Cuban MIG, especially if the pilot of the
transport were to announce that fact.

7. Hijacking attampts against US civil air and surface craft should
be encouraged.

8. It is possible to create an incident which would demonstrate
convincingly that a Cuban aircraft has attacked and shot down a
chartered civilian airliner from the United States.

a. An aircraft at Eglin AFB would be painted and numbered as an exact
duplicate for a civil registered aircraft belonging to a CIA
proprietary organization in the Miami area. At a designated time the
duplicate would be subsituted for the actual civil aircraft and the
passengers, all boarded under carefully prepared aliases. The actual
registered aircraft would be converted to a drone.

b. Take off times of the drone aircraft and the actual aircraft will
be scheduled to allow a rondevous. From the rondevous point the
passenger-carrying aircraft will descend to minimum altitude and go
directly to an auxiliary airfield at Eglin AFB where arrangements
will have been made to evacuate the passengers and return the
aircraft to its original status. Meanwhile the drone aircraft will
continue to fly the filed flight plan. The drone will be transmitting
on the international distress frequency "MAY DAY" message stating it
is under attack by Cuban MIG aircraft. The transmission will be
interrupted by the destruction of aircraft which will be triggered by
radio signal. This will allow IACO radio stations to tell the US what
has happened to the aircraft instead of the US trying to "sell" the

9. It is possible to create an incident that will make it appear that
Communist Cuban MIGs have destroyed a USAF aircraft over
international waters in an unprovoked attack.

b. On one such flight, a pre-briefed pilot would fly Tail-end
Charlie. While near the Cuban island this pilot would broadcast that
he had been jumped by MIGs and was going down. This pilot would then
fly at extremely low altitude and land at a secure base, an Eglin
auxiliary. The aircraft would be met by the proper people, quickly
stored and given a new tail number. The pilot who performed the
mission under an alias would resume his proper identity. The pilot
and aircraft would then have disappeared.

c. A submarine or small craft would distribute F-101 parts,
parachute, etc. The pilots retuning to Homestead would have a true
story as far as they knew. Search ships and aircraft could be
dispatched and parts of aircraft found.

3. It is understood that the Department of State is also preparing
suggested courses of action to develope justification for US military
intervention in Cuba.

by Col. Edward Lansdale, Chief of the Cuba Project, CIA liason to USAF

September 911 Surprise

Pirate News TV

Fair Use per 17 USC 107