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"...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* "Los Angeles County got the best courts that money could buy". KNBC (October 16, 2008) * "Innocent people remain in prison" LAPD Blue Ribbon Review Panel Report (2006) * Los Angeles County is "the epicenter of the epidemic of real estate and mortgage fraud." FBI (2004) * “…judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Loyola Law School, LA (2000) * “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Prof Erwin Chemerinksy, Irvine Law School (2000) * "Condado de Los Angeles tiene las mejores canchas que el dinero puede comprar".KNBC (16 de octubre de 2008) * "Las personas inocentes permanecen en prisión" LAPD Blue Ribbon Panel de Revisión Report (2006) * Condado de Los Angeles es "el epicentro de la epidemia de bienes raíces y el fraude de la hipoteca." FBI (2004) * "... Los jueces juzgado y condenado a un asombroso número de personas por crímenes que no cometieron." Prof. David Burcham, Loyola Law School, LA (2000) * "Esta es una conducta asociada con los dictadores más represivos y los estados de la policía ... y los jueces deben compartir la responsabilidad, cuando es condenado a personas inocentes." Prof. Erwin Chemerinksy, Irvine, la Facultad de Derecho (2000)

Thousands of Rampart-FIPs (Falsely Imprisoned Persons) remain locked up more than a decade after official, expert, and media report documented that they were falsely prosecuted, convicted, and sentenced in the largest court corruption sandal in the history of the United States...

Blue Ribbon Review Panel report (2006):


Nuestro derecho a acceso los expedientes publicos, nuestra libertad y nuestros derechos humanos fundamentales están todos conectados en las caderas!

10-10-01 Corruption of the California courts noticed by the United Nations

In summer 2010, the staff report of the Human Rights Council of the United Nations, as part of the first ever, 2010 UPR (Universal Periodic Review) of Human Rights in the United States, noticed and referenced the Human Rights Alert April 2010 submission, pertaining to "corruption of the courts, the legal profession, and discrimination by law enforcement in California".

10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States

Sunday, June 12, 2011

11-06-12 Dred Scott redux?

I came across "Equal Under Law"  by Jacobus tenBroek (a Berkeley law prof), published in 1951, in a used books store. Not being a lawyer, but having interest in the notion of Equal Protection, I decided to read it. 

Equal Protection as to liberty:The book reviews Abolitionist Movement arguments and the debates on the 14th Amendment in the decades preceding the Civil War. Most of the book consists of appendices - reprints from pre Civil War publications.

There were several lines of entirely divergent arguments, but the most interesting one was based on the Magna Carta, as the "bedrock" of the US Constitution, and the Fifth Amendment:
No person shall be... deprived of life, liberty, or property, without due process of law.  
The argument in brief was that:
a) "Person", as used in the language of the Constitution, included slaves.
b) "Due Process of Law" in the Magna Carta, and also during the time of writing the 5th Amendment referred to trial by jury.
c) Slavery is deprivation of liberty, and in the years that passed since the Revolutionary War, none of the slave holding states had established any due process of law to deprive persons of liberty and enter them into slavery.
d) Therefore, any slave that would file a habeas corpus against his master in a US court, is entitled to be freed.

The centrality of this line of argument is evident in what eventually was prescribed in the 13th Amendment:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
The same argument is also the center point of the 14th Amendment:
Section 1. ... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In hindsight, the argument appears self-evident.

Equal Protection as to property:Inherent to the condition of slavery was also the deprivation of right to own real estate, with no due process of law. 

That right too, goes back straight to the Magna Carta, and the restoration of that right, too, was central to the 14th Amendment.

Relevance:The relevance of that debate is manifest today in the foreclosure crisis.

In recent years, some 3 million homes were foreclosed, and experts estimate that before the crisis is over, the number would reach 6 millions. If the average number of persons living in a house is guessed at 4, that means that by the crisis end, some 24 millions will have been deprived of their homes.

Many, or most of these foreclosures were knowingly conducted in blatant violation of due process of law.

The way the US government and US courts have handled the situation is by reaching "settlements" with the large financial institutions, who routinely conduct the fraud on homeowners in the courts.  Most of these "settlements" amount to a Federal "Fraud Tax" on the perpetrators.  Needless to say, I do not believe that such "Settlements" have any lawful validity.

Therefore, I also believe that conditions now prevailing in the United States amount to repeal of the 5th and the 14th Amendment, and rights that were fundamental to the Magna Carta.

The lesson from the decades preceding the Civil War and Dred Scott, is that the US courts were not ready, willing, able to remedy the situation.

Other remedies would have to be sought for the restoration of fundamental rights.  Otherwise, the current Foreclosure Crisis is far beyond an economic crisis, it is a fundamental change in the legal framework of the United States, sending it not one hundred years back to the Robber Baron Era, and not two hundred years to the Revolutionary War, but almost 800 years back...


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Please Sign Petition - Free Richard Fine // Por favor, Firme la petición - Liberar a Richard Fine

RICHARD FINE was arrested on March 4, 2009 and is held since then in solitary confinement in Twin Tower Jail in Los Angeles, California, with no records,  conforming with the fundamentals of the law, as the basis for his arrest and jailing.

Richard Fine - 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case.

Please sign the petition: Free Richard Fine -