US DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Log Cabin Republicans v United States of America et al (2:04-cv-08425) 'Don't Ask Don't Tell': Clerk TERRY NAFISI of the US Court asked to provide the attestation records of the purported judgments and certify the docket
Los Angeles, December 9 Human Rights Alert (NGO) and Joseph Zernik, PhD, asked TERRY NAFISI, Clerk of the US Court, Central District of California, for copies of the Attestation records by the Clerk of the two contradictory Judgments, which were published by the Court in Log Cabin Republicans v United States of America et al(2:04-cv-08425): [i,ii]a) March 21, 2006, Dkt #024 Judgment in favor of Defendant the United States - Order granting Motion to Dismiss (and respective Judgment entered in the Court's Judgment Index), published in the name of Judge GEORGE SCHIAVELLI, and b) October 12, 2010, Dkt #252 Judgment in favor of Plaintiff, Log Cabin Republicans - Judgment and Permanent Injunction, published in the name of "Transferee Judge" VIRGINIA PHILLIPS.
Attestation by the Clerk of the US Court is required to render any Judgment of the Court valid and effectual in addition to the certification (signature) by a duly assigned judge. Valid Assignment Orders for Judge SCHIAVELLI and Judge PHILLIPS were not found in the docket of the case, neither were Attestations by the Clerk of either Judgment. [iii]
Pursuant to General Order 08-02 of the US District Court, [iv] the NEFs (Notices of Electronic Filing) are today deemed by the US Court as the Clerk�s Attestation records.However, in recent years, since the introduction of computerized administration systems in the US Courts (PACER and CM/ECF), the US Courts have denied public access to the Attestation records (NEFs) in apparent violation of First Amendment rights. Therefore, there is no way for the public to ascertain which of the records, published by the US Courts, are valid and effectual, and which are null and void.
In two other cases of the same US Court, Fine v Sheriff (2:09-cv-01914) Habeas Corpus Petition - and Zernik v Connor et al (2:08-cv-01550) Deprivation of Rights under the Color of Law - when the NEFs were eventually discovered, it turned out that Judgments (by Judge JOHN WALTER and VIRGINIA PHILLIPS, respectively), which had been published in the PACER dockets, were null and void. [v]
As part of the today's request, Clerk TERRY NAFISI was also asked to certify the PACER docket Log Cabin Republicans v United States of America et alas one that was constructed pursuant to the law of the United States and by authority of the Clerk of the Court.
The Judiciary Act of 1789 [vi] and the Federal Rules of Civil Procedure charge the Clerks of the US Court with honestly recording the orders and judgments of the courts and with the maintenance of the civil dockets. However, in both Fine v Sheriff and Zernik v Connor et al Clerk TERRY NAFISI refused to certify the dockets. In both cases, the PACER dockets are alleged as Fraud on the Court.
Clerk Nafisi's was today requested in the case of Log Cabin Republicans v United States of America et also that the US Court of Appeals, 9th Circuit, would not be burdened with running an Appeal from a null and void Judgment. [vii] Defendant the United States has already initiated the appeal process from the October 12, 2010, which the evidence showed was Fraud on the Court.
The request was copied to Chief Judge AUDREY COLLINS of the US District Court, Central District of California, and to attorneys representing the parties in the case. Notice was previously given to the attorneys in the case of alleged Fraud on the Court in conduct of the case. [viii]
Requests for investigations and impeachment proceedings were previously filed with US Congress relative to the conduct of Judge VIRGINIA PHILLIPS, Judge JOHN WALTER,[ix] and Clerk TERRY NAFISI alleged as violations of Oaths of Office, Deprivation of Rights under the Color of Law, and Fraud on the Courts. [x]
Human Rights Alert stated that conditions, which today prevail at the US District Court, Central District of California undermine the Human, Constitutional, and Civil rights of some 20 millions who reside in the District.
A century ago, corruption of the offices of the Clerks of the US Courts was notorious, described by US Congress as 'a farce and a burlesque'. [xi] The Salary Act of 1919, which placed the Clerks of the US Courts under authority of the US Attorney General was credited as key to restoration of integrity of the US courts at that time.
In view of similar conditions, which prevail in the US Courts today, Human Rights Alert calls upon US Congress to again initiate reform of the US Courts:1) Restore provisions of the Salary Act of 1919, placing the Clerks of the US Courts under authority of US Attorney General, and 2) Enact federal rules of electronic records of the US courts to restore accountability of the Clerks of the US Courts for electronic court records.
Human Rights Alert claims that such reforms, like the ones that were implemented a century ago, are required not only for restoration of Human Rights in the United States, but also for restoration of Banking Regulation and bringing the current economic Depression to an end.
____Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
[i] 10-12-09 Log Cabin Republicans v United States of America et al (2:04-cv-08425) - Request for Copies of Attestations by the Clerk of the Court
[ii] 10-12-06 Log Cabin Republicans v United States of America et al (2:04-cv-08425) at the US District Court, Central District of California - Don't Ask Don�t Tell - litigation records
[iii] 10-12-06 Log Cabin Republicans v USA (2:04-cv-08425) at the US District Court, Central District of California: Don�t Ask Don�t Tell Evidence of Another Pretense Litigation by Judge Virginia Phillips
[iv] General Order 08-02
[v] 10-12-04 Zernik, J: Case Management Systems of the Us Courts - report pending international peer review
[vi] 00-00-01 1789-09-24 Judiciary Act of 1789 - An Act to Establish the Judicial Courts of the United States
[vii] See records of Appeal Log Cabin Republicans v United States of America et al (10-56634):
[viii] 10-12-07 Log Cabin Republicans v United States of America et al (2:04-cv-08425) - Notice to Counsel in Re Request for Impeachment Proceedings in Re Clerk TERRY NAFISI
[ix] 10-12-05 Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE for conduct, which undermined Banking Regulation and/or Human Rights in the United States s
[x] 10-12-07 Request for Investigation and if Appropriate - Impeachment Proceedings - against TERRY NAFISI - Clerk of the Court, US District Court, Central District of California
[xi] 02-00-00 Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "Innocent people remain in prison"* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."LAPD Blue Ribbon Review Panel Report (2006)
* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." http://www.scribd.com/doc/38566837/