A Question for President Obama and Governor Romney
and several for principled
and ambitious journalists covering them
on whether the candidates would
dare hold the Supreme Court justices and federal judges accountable[i]
or continue to allow them to engage in wrongdoing to
avoid antagonizing them because,
just as the justices upheld, but could have overturned,
ObamaCare,
they and their peers[ii]
can doom
a president’s legislative agenda and
even his signature law[iii].
by
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
See
* >[footnote #], (#), and
(#§#) references as hyperlinks at
Did the President disregard Then-Judge
Sotomayor’s concealment of assets, suspected by The New York Times, The Washington Post, and Politico* >[102a], and nominated her to the Supreme Court –the
same way he had disregarded the tax evasion of known tax cheats Tim Geithner [now
Treasury Secretary], Tom
Daschle, and Nancy Killefer and nominated them to cabinet posts [the
latter two had to withdraw their names in the face of public outrage][103]– so as to curry favor with the voters who
wanted another woman and the first Latina on the Court and from whom he
expected in exchange that they lobby Congress to pass ObamaCare?
Can Gov. Romney[iv],
inspired by the founding principle of government, not of men, but of laws Nobody Is Above The Law; and journalists
motivated by their watchdog mission on the public’s behalf and the prospect of
winning a Pulitzer Prize and national recognition, make the initial
presentation(xxv)
of this issue and thereby launch a Watergate-like, generalized media
investigation guided by a query that proved its devastating effect when it caused President Nixon to resign on 9Aug74, and
which can be rephrased thus:
What did
the President(77§5), the justices, and judges[196] know [23b]
about J.
Sotomayor’s concealment of assets(65§1)
and
consequent tax evasion[102c] and
when(75§d) did they know it?
Can
journalists searching for J. Sotomayor’s concealed assets bring about her
resignation[v]
for having failed to “avoid even the appearance of impropriety”[118a],
just
as Supreme Court Justice Abe Fortas had to resign on 14May69,
on
the same grounds?(92§d)
How
will the President respond to the demand that he release
the
secret FBI vetting report on J. Sotomayor?
Did
The New York Times, The
Washington Post, and Politico[102a]
simultaneously
and without explanation kill
in
a quid pro quod with President Obama
their
stories suspecting Then-Judge Sotomayor of concealment of assets?(xxxiii)
Can
the issue of judges’ wrongdoing tolerated for political gain[vi]
so
outrage the national public, already lied to about the integrity of J.
Sotomayor,
as
to widen the gap between the candidates
in
a way that the spent issue of the economy has failed to?
Can
journalists and superPACs investigating
judges’
unaccountability and riskless wrongdoing
lead
to the most substantial and enduring legacy of the next president:
to
tilt the Federal Judiciary to his side with enough replacement justices and
judges; and
set
in motion a profound judicial accountability and discipline reform
to
ensure that judges apply to themselves and We
the People
Equal
Justice Under Law?
You
are kindly encouraged to redistribute this email as widely as you can.
Dr.
Richard Cordero, Esq.
Brooklyn,
NY
tel. (718)827-9521
follow @DrCorderoEsq
Endnotes
See
* >[footnote #], (#), and
(#§#) references as hyperlinks at
____________________________
i In the 223 years since the creation of the Federal
Judiciary in 1789, the number of federal judges impeached and removed is 8!
* >14 To put this in perspective,
2,131 federal judges were on the bench as of 30sep11.13 So they can and do engage in
wrongdoing risklessly, unless the
politicians15 in
“Washington[,
which] is dominated by the culture of corruption (Former Speaker
Pelosi16)”
confer incorruptibility upon
nominating and confirming judicial candidates. Judges’ wrongdoing is rendered irresistible by the most
insidious corruptor: money! In CY10,
bankruptcy judges, who handle 80% of all new federal cases annually32, ruled on $373 billion31 in consumer bankruptcies
alone. How much more pervasively corrupt would politicians -your boss too?- be
if they held their jobs for life with impunity and ruled on $100s of bl.29?(xxxvii)
ii Chief
federal circuit judges dismissed systematically 99.82% of the complaints against
their peers filed[18]a, by anybody in the
1oct96-30sep08 12-year period[19a-c]. In
that period, the federal judicial councils –the circuits’ all-judge
disciplinary bodies– denied up to 100% of the petitions to review those
dismissals(10; 24§b), as did the 2nd Circuit’s
council(11), of which Then-Judge Sotomayor was
a member[20]. Thereby
she too exempted her peers from all accountability regardless of the nature and
gravity of their wrongdoing. Now as Justice Sotomayor, she, like other justices(71§4), and judges[196], has
to prevent any investigation of federal judges, lest the wrongdoing that she
tolerated or her own concealment of assets be discovered and she end up incriminated. Can
you trust justices and judges who in their personal and class interest break
the law to apply it impartially when they rule on your property, liberty, and
life?
iii Up to 9 of
every 10 appeals to the federal circuit courts are disposed of
ad-hoc[28]
through no-reason summary orders[65a] or
opinions so “perfunctory”[66] that they are neither
published nor precedential[68],
mere fiats of raw judicial power that enable arbitrariness. You can spend
$10,000s on an appeal to a circuit
court only for it to dispose of the appeal with a 5¢ form whose only operative
word is “Affirmed”, as did Then-Judge Sotomayor[67] in Ricci v. DeStefano[66].
iv Governor Romney has
criticized Justice Sotomayor for being liberal; the other Republican
presidential candidates as well as President Obama criticized the justices and
judges for being activist..
a) Republicans Turn Judicial Power Into a Campaign
Issue; by Adam Liptak and Michael D. Shear, The New York Times, 23oct11; http://Judicial-Discipline-Reform.org/docs/Rep_candidates_fed_judges_12.pdf;
b) Dems
Hit Romney for Going After Sotomayor in Ads; TPM
(5mar12); Hispanic leaders condemn Romney for criticizing
Sotomayor in ad; by Griselda Nevarez. VOXXI (29feb12); National
Institute for Latino Policy; 5mar12; id;
c) CBS "Face
the Nation" Host Bob Schieffer interviews Speaker Newt Gingrich on “activist
judges”; 18dec11; id.
v This Watergate-like(2¶¶4-8) generalized media search can make a stream of
revelations of improprieties(101§1) –like superPAC negative ads at no cost to Gov. Romney– that chip
away at the denials of J.
Sotomayor, the President, and
their peers and aides, discourage his donors
and volunteers, tie up his resources in their defense, mar their PR image, and
lead to resignations. More people would be outraged(83§§2,3) at
dishonest judges affecting their property, liberty, and lives[5,6] than Latinos, a
constituency lost to Romney,
would be angry at him. Their outrage can be channeled through
a business venture(125§3) toward reform(131§e-h).
vi Senators Schumer and Gillibrand(78§6) recommended J. Sotomayor to the President. Sen.
Schumer, his point man to shepherd her nomination through the Senate,
disregarded the evidence submitted to him[154e]
showing her concealment of assets of hers and others(66§§2,3), and
her perjurious(69§b) withholding from the Senate Judiciary Committee
a case over which she had presided, DeLano[104,106], that incriminated her[127] in covering up a
bankruptcy fraud scheme[59] run by a bankruptcy judge[119] that
she and her CA2 peers[105] had appointed[60a]. Sen. Gillibrand introduced Judge Sotomayor to the Judiciary
Committee and endorsed her to New Yorkers and the rest of the country[161] by lying about the Judges' dishonesty[169] (104§2).
Tweet: Who had #NYTimes #WPost and #Politico kill their
stories of concealment of assets
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