I am a risk taker. Not being content to just file Freedom of Information Act requests, which can never be lost since documents will always be produced, I have always tried to use creative court cases with real clients to try to bring about justice and further the rule of law and respect for our Constitution. In so doing, I frequently encounter federal judges in particular who use their considerable power and unaccountability to play God and decide whether a case that is a “hot potato” can proceed beyond the initial pleading stage to discovery and trial before a jury.
Incredibly, by using Supreme Court dicta – which is not a ruling, but just a statement by justices – to the effect that federal judges can dismiss complaints if the judge finds the allegations lack plausibility, federal judges frequently subvert “We the People’s” constitutional right to a jury trial decided by one’s peers. The SCOTUS opinion used to justify allowing any federal judge to think he or she is “holier than thou” is Bell Atlantic Corp. v. Twomby, 550 U.S. 544 (2007) (“Twomby”).
This alleged power to allow federal judges to substitute their own allegiances, biases and prejudices for a jury has been so abused in recent years that, in my opinion, if this continues unabated, the American people are left defenseless to the tyranny of not just government, but powerful corporate, labor union and other establishment vested interests.
In this regard, it is important to understand that federal judges are chosen and nominated primarily on the basis of political patronage, as I discussed in last week’s column. The best and brightest legal minds do not usually ascend to the federal bench. But those who do usually have one thing in common: An establishment vested interest has advocated for them to be recommended for the federal bench by a U.S. senator based on “connections” to politicians and/or political contributions to these politicians, who then put their name up for nomination by the president. And, the political contributions flow like cheap wine, except that they are generally very generous to say the least. Just Google the name of a federal judge and then check the donations records on-line of the Federal Election Commission to see what I am saying.
In effect, money walks and nobody talks about the inherent corruption in choosing federal judges. As just one example, a federal judge in the District of Columbia, perhaps the most politicized federal district in the United States, effectively paid over $38,000 in political contributions to get himself a judicial appointment. And his former law firm contributed much more to get him on the federal bench, where they can the effectively call in the so-called chits. For now, I will not name names, but you can see what I am talking about.
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And so it is that what we generally have on the federal bench, regrettably with few exceptions, are politicians, or shall we also say, “yes men and women,” who then frequently protect the establishment vested interests who got them their lifetime tenured jobs. Talk about a scam? What we have is a Cadillac of a legal system conceived of by our Founding Fathers, but in effect drunken and compromised drivers at the wheel of justice.
For those of you who still think our nation has the best system of justice in the world, think again. The federal courts are more than a bad joke; they are a threat to our democratic system and are doing more to destroy the vision of our Founding Fathers than even the extreme political left including the likes of Alexandra Ocasio-Cortex, Ilhan Omar and Rashida Tlaib. We are much more than a hypocritical laughing stock; our federal judges, who are meant to protect us, have by and large become the enemy of the state, and I am not talking about the famous Hollywood film written by my talented friend David Marconi.
For if we do not reform our justice system, and it may take a constitutional amendment to remove the unbridled power of federal judges to decide for themselves the “plausibility” of cases without allowing the decision to be made by We the People in the form of juries, then we are again back to colonial times before July 4, 1776, when King George III’s lackeys on his “federal bench” cooked rulings in the sovereign’s favor against the colonies. In short, if this continues we are inevitably headed to another revolution.
In this context, this week another federal judicial outrage occurred for one of my real-life clients, Ms. Laura Luhn, the woman who was most damaged by Fox News founder and now disgraced and deceased CEO Roger Ailes. Luhn, whose victimization she alleged in a federal complaint was enabled and covered up by the current CEO of Fox News, Suzanne Scott, had her case dismissed by a new establishment Trump appointee, because the federal judge, Dabney L. Friedrich, deemed her claims implausible.
The federal judges ruling is here.
Friedrich is formerly the law clerk to establishment Republican and now senior federal judge in the District of Columbia Thomas Hogan, a former associate counsel in the George W. Bush White House and before that chief counsel to former Republican establishment U.S. senator and previous head of the Judiciary Committee, Orrin Hatch. So you can see how in large part she got her judgeship. Regrettably her name was put up for nomination to President Trump and thanks to the establishment interests who advocated for her appointment, it was in effect thoughtlessly “rubber stamped” by The Donald.
Indeed, forget about all the bragging that Trump has appointed great federal judges who will help him drain the swamp. Generally what he has put on the federal bench are establishment political lackeys who butter the bread of the vested establishment interests.
It is thus my learned opinion that Judge Friedrich dismissed the case of Laura Luhn, thereby preventing it from going to a jury of Laura’s peers, to protect Fox News, a supporter of the president who put her on the bench. You can judge for yourself. And notwithstanding that I took an immediate appeal of this outrageous ruling, We the People have a lot of hard work to do if we are to disinfect the federal judiciary of the politicians in robes that rule over us, subverting the interests of the citizenry and instead feathering the nests of the vested establishment interests.
Go to Freedom Watch and join our Judicial Selection Strike Force and commit to our peaceful and legal revolution to return the rule of law to our great country.