Judge is removed from bench after asking woman whether she closed her legs to prevent rape

judge-gavel
(judge and gavel Image from Shutterstock.com.)

Judge is removed from bench after asking woman whether she closed her legs to prevent rape
BY DEBRA CASSENS WEISS
https://www.abajournal.com/news/article/judge-is-removed-from-bench-after-asking-woman-whether-she-closed-her-legs-to-prevent-rape
MAY 28, 2020, 11:05 AM CDT

The New Jersey Supreme Court on Tuesday removed a judge from the bench who asked a woman whether she had tried to close her legs to stop a sexual assault.

The court ordered the removal of Judge John Russo in a May 26 decision.

The woman was in Russo’s Ocean County courtroom in 2016 to seek a final restraining order against her alleged assailant. Russo took over questioning after cross-examination by defense counsel. The judge asked the woman whether she had tried to block her body parts, close her legs, call police or leave.

The questions were unwarranted, inappropriate and discourteous, the supreme court said in an opinion by Chief Justice Stuart Rabner. “No witness, alleged victim or litigant should be treated that way in a court of law,” the court said.

Russo claimed the woman was a demoralized witness, and he was trying to help her get reengaged in the hearing. But that explanation “does not square with the record,” the court said. “The plaintiff plainly testified that defendant forced her to have sexual intercourse against her will. She also described other acts of alleged domestic violence. And she did so without needing any assistance from the trial judge to express herself.”

“Beyond that,” the court said, Russo’s “coarse questions about how the plaintiff responded during the alleged assault were not relevant.” Sexual assault in New Jersey turns on the use of physical force by the alleged assailant, not the victim’s state of mind or resistance.

Just as problematic were Russo’s comments to court staff after the hearing, the court said. Russo asked whether staffers heard “the sex stuff” and said he was the master of “being able to talk about sex acts with a straight face.”

“Judges set the tone for a courtroom,” the court said. “Especially when it comes to sensitive matters like domestic violence and sexual assault, that tone must be dignified, solemn and respectful, not demeaning or sophomoric. [Russo] failed in that regard.”

The court said Russo also committed misconduct in three instances.

• Russo ruled in a hearing even though he stated at the outset that he knew both the defendant and his wife since high school. The defendant was arrested after failing to comply with a judge’s order to pay. $10,000 out of nearly $145,000 in past-due child support. Russo vacated the arrest warrant and lowered the purge amount from $10,000 to $300 based on the defendant’s uncorroborated financial information.

• Russo made an ex parte call to a mother in a paternity matter who failed to appear in court. When Russo asked for the woman’s address, she said she didn’t want to disclose it because she was afraid. She said the putative father had molested her daughter, and she feared for her son’s safety. Russo threatened the woman with financial penalties and said she wouldn’t be able to keep her address secret. “He’s going to find you, ma’am,” Russo told the woman. “We’re all going to find you.”

• Russo asked the family division manager in his courthouse to intercede in another vicinage to reschedule a guardianship hearing in a personal matter involving himself, his ex-wife and his son. Russo should have worked through his lawyer rather than the manager, the court said.

“The series of ethical failures that [Russo] committed are not errors of law, innocent missteps or isolated words taken out of context,” the court said. “Viewed as a whole, they are flagrant and serious acts of misconduct.”

Russo is a former mayor of Toms River, New Jersey. Law360, Courthouse News Service, Law.com, NJ.com and the Legal Profession Blog had coverage of the decision.

Must Read, “Don’t Trace Me, Bro” — Just Say No to Contact Tracing, By Tom Luongo

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“Don’t Trace Me, Bro” — Just Say No to Contact Tracing

Date: April 28, 2020
Author: Tom Luongo

“Don’t Trace Me, Bro” — Just Say No to Contact Tracing

Contact Tracing? Really? That’s the next big government program to push for total surveillance over our lives. Now the real fallout from the Coronapocalypse comes to light.

The very people who created a fake pandemic out of faulty statistics, media fear-pimping and the rankest of propaganda are now pushing the total surveillance state to protect us (them?) from the next crisis.

James Corbett from the Corbett Report just published an excellent video discussing ‘contact tracing’ as promulgated by (who else?) the Clinton Global Initiative to create an army of new Brown Shirts to assist our wise and benevolent leaders in managing us like livestock.

James is urging us not to use their Orwellian term, and I agree with him. But the best way to do that is to make fun of it and them.

I propose just looking at them and saying, “Don’t Trace Me, Bro.”

As always when they want to herd us towards a terrible idea they first have to come up with a harmless sounding euphemism for it. Either that or just call it a war that we’re going to fight and win together, you know, for kids!

But this was always the plan with this virus. We can speculate as to why this has been done, why it was directed from the commanding heights of our society but, in the end, that speculation is irrelevant.

This is happening, it’s here and they are now working to square the circle. The goal is to finish off the last vestiges of anonymity and individuality started with the destruction of financial privacy during the Clinton Adminstration, which was wrapped in the classic government phrases “Know Your Customer” and “Anti-Money Laundering”

Now those sets of rules which got ramped up after 9/11 dominate the global financial landscape.

But, let’s look at what’s happened with COVID-19 step-by-step.

First, a virus shows up in China which people in the highest levels of our government were briefed about as early as November, if Pepe Escobar’s research is to be believed.

The gold standard remains the ABC News report according to which intel collected in November 2019 by the National Center for Medical Intelligence (NCMI), a subsidiary of the Pentagon’s Defense Intelligence Agency (DIA), was already warning about a new virulent contagion getting out of hand in Wuhan, based on “detailed analysis of intercepted communications and satellite imagery”.

An unnamed source told ABC, “analysts concluded it could be a cataclysmic event”, adding the intel was “briefed multiple times” to the DIA, the Pentagon’s Joint Chiefs of Staff, and even the White House.

Next China, the gold standard for the Orwellian Panopticon, proceeds to use that Panopticon to prove to the world how effective government can be in containing a deadly plague.

That model, which runs fundamentally counter to billions of years of evolution and basid immunology, is then propagated around the Western world to combat COVID-19, a disease which has a mortality rate similar to the annual flu, to shut down those economies exacerbating a financial crisis already fully underway.

This destroys the lives of hundreds of millions of people. It creates economic dislocations that make the Great Depression look like a mild recession.

In places like Italy, France and Spain where youth unemployment has been in double digits for more than a decade, the lock down was used as a way to tamp down social unrest, as they were hot beds for opposition to inept and increasingly fascistic governments.

In the U.S., a country ruled by old, ideologically-possessed and corrupt Boomers who have been in a heightened state of fear since Donald Trump was elected saw the opportunity to create the worst possible outcome in places like New York and California.

Governors in blue states seized power they didn’t legally have and cried for help they didn’t need.

And the confusion and disinformation about the virus created so much fear people willingly huddled in their homes hoping the angel of death passed them by with nothing more to do than be glued to the death counter in a desperate bid to stay informed about the science.

But there weren’t two million dead in the U.S. There’s around 50,000 and those death statistics are very speicous since the people reporting them have motive, means and opportunity to inflate them to get Federal aid, advance their political agendas now on full display and cover their asses.

So, now ‘contact tracing’ which is just a euphemism for total surveillance. But they are admitting that they can’t do it themselves. They need help. In totalitarian governments like the U.K., they’ll have an app in a couple of weeks.

Matthew Gould also disclosed plans to log the location of whenever two or more people are in close proximity for minutes at a time.

That will disturb privacy campaigners.

Ya think?

Mr Gould told the Science and Technology Committee the app would be “technically ready” for deployment in “two to three weeks” – but made it clear it was only one part of the strategy to emerge from lockdown and would involve a none-too-subtle marketing campaign.

“If you want to protect the NHS and stop it being overwhelmed and, at the same time, want to get the economy moving, then the app is going to be part of an essential part of a strategy for doing that,” he said.

China already has this. All across the enlightened West countries will now recruit tens of thousands of ‘contact tracers’ to go out and build their network for them, just like Gavin Newsome and Andrew Cuomo discussed with Bill Clinton in the video linked above.

And since there are now tens of millions of people out of work desperate for a job of any sort finding recruits will be easy.

See how this works?

First you destroy people’s lives, then you print trillions in funny money to bail out the inept and continue paying the enforcers, ensuring they are fed. And then when desperation reaches its peak you create a new government program and turn people into snitches to ensure compliance.

We’re going to empower the worst busybodies who are already insane with fear to run around collecting data for the government.

All in the name of getting the economy back up and running!

I’m pretty sure when I read The Scarlet Letter in high school we didn’t consider Hester Prynne to be the bad guy. Because the person who is COVID-19 positive will now have a big red “CV” on them which will limit their ability to partake in society.

The next stage will be to force them to lock themselves down in isolation or face the depredations of the State. And even if we begin to ignore such insanity the next step will be to look the other way when the contact tracers become belligerent.

This is all about keeping everyone in a heightened state of fear at all times. The Karens will bee worried about a stupid germ and everyone else will be worried about what the Karens will do.

Because what good is this app if it doesn’t report you to the authorities who know where you are.

So the solution to a virus and the incompetence of our governments is to turn busy bodies into brown shirts and COVID positives into social pariahs.

Do you realize what happens when you don’t pay a parking ticket now? Eventually your licence gets suspended, then your car insurance gets canceled. If you don’t turn your tag in for not having insurance then you are risking jail time when you get stopped by the police. They arrest you for driving on a suspended licence, impound your car, and the entire ordeal becomes a bureaucratic nightmare.

The moral of the story? Pay your parking ticket, obviously.

But not because you were a bad person or committed a heinous crime. But because you broke the rules. If you don’t follow the State’s rules, no matter how petty, no matter how asinine you will be punished to the full extent of the law.

Do you really think this ‘contact tracing’ system won’t end up in the same kind of hell?

Now you’re a documented threat to other people’s lives! You’re an evil spreader, man! Think of the children!

The State is only good at two things. Killing people and creating perverse incentives. And if this isn’t a classic case of creating the perverse incentive of destroying civilization in order to save it I don’t know what is?

This is the real danger of 5G technology. It isn’t China having a backdoor embedded by Huawei, it is the State having the ability to blanket the world in high bandwidth snooping devices everywhere that people congregate.

Their system is failing before our eyes. It’s a system born of corrupt money begetting ever greater institutional corruption. They wouldn’t be pushing for this total surveillance if they weren’t uniquely paranoid about our readiness to throw them overboard.

They want us snitching on each other and suspect of each other. This is the most pernicious form of social control ever devised, to distrust basic human contact and interaction because there are germs in the world.

It’s time to end the mass hallucination that we’ve never dealt with something like this before. The mass branding of this COVID-19 as the plague is laughable and the push for global surveillance is pathetic.

Unfortunately, we live in a world today where the fearful are empowered by the powerful to mob the non-compliant. COVID-19 isn’t the plague folks. If you think it’s the crisis you should be fearful of I urge you to seek therapy not the false security of a government tracking app.

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California Throws The Books At Undercover Reporter Who Exposed Baby Body Trafficking

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California Throws the Books at Undercover Reporter Who Exposed Baby Body Trafficking

California Throws the Books at Undercover Reporter Who Exposed Baby Body Trafficking


Thomas BrejchaBy Thomas Brejcha
MARCH 10, 2020
From the time of its founding and fight for independence, America has been synonymous with the idea of freedom – freedom to speak your mind, pursue your own dreams, worship as you want. The American press has often been called the “Fourth Estate” or referred to as the fourth branch of government for its ability to hold leaders to transparency with the ability to expose wrongdoing. Today, that cherished Freedom of the Press is at risk. Why? Because of the power of the abortion lobby and its insistence that the rules are different when it comes to the business of selling death.

Federalist
The Federalist

Read The Federalist article by Tom Brejcha, president and chief counsel of the Thomas More Society, on how the rights of all journalists are at risk because a California federal court deemed David Daleiden’s undercover work – exposing baby body parts trafficking by abortion vendors – a crime.

“What does it tell you that the Daleiden case may have been the first time that any journalist has been criminally charged with violating the California recording law in the many years it has been on the books?” from California Throws The Books At Undercover Reporter Who Exposed Baby Body Trafficking by Tom Brejcha.

California Throws The Books At Undercover Reporter Who Exposed Baby Body Trafficking
Even those who disagree with David Daleiden and his techniques but care about how the legal actions against him could define press freedom need to follow this case.

Thomas BrejchaBy Thomas Brejcha
MARCH 10, 2020
https://thefederalist.com/2020/03/10/california-throws-the-books-at-undercover-reporter-who-exposed-baby-body-trafficking/

An undercover reporter has been arraigned in California and charged with ten felonies for secretly recording conversations, and it’s time to revisit how the judiciary and the law can stifle the First Amendment’s guarantee of freedom of the press.

The accused, David Daleiden, used standard media undercover techniques to investigate and expose Planned Parenthood’s sale of aborted fetus body parts. While the use of undercover techniques like Daleiden’s is a controversial practice even within journalism circles, Daleiden’s upcoming jury trial has far wider implications for journalists.

Namely, can and should government criminalize undercover reporting, which historically has revealed otherwise hidden wrongdoing of all kinds?

Being Pro-Life Is Not a Crime
Let’s first put aside that Daleiden, as director of the Center for Medical Progress, is a pro-life activist—which is not a crime. He should have the same right to penetrate the practices of America’s abortion providers and report his findings just as other reporters and publications investigate other matters.

Consider the multitude of covertly conducted investigations exposing threats to public health and safety, racism, and various other injustices, dating back to the dawn of our republic. To mention a few: In a classic case of disguised reporters using hidden cameras, ABC “Prime Time Live” outed Food Lion’s alleged unsanitary food handling practices. “Dateline” NBC deployed decoys and hidden cameras to expose men who solicited sex with minors on the Internet. Vanity Fair had a clandestine reporter join a tour group to the Holy Land to probe then-President George W. Bush’s alleged ties to religious right leaders.

Undercover Chicago Tribune reporters, working from the inside as employees, exposed life-threatening conditions in nursing homes. Another Tribune reporter worked undercover in the city’s election board to reveal widespread election fraud. Chicago Sun-Times reporters, working inside, turned up dangerous practices at abortion clinics. The paper also opened a bar, the Mirage, in a sting using hidden cameras to bare shakedowns by city inspectors.

Jerry Thompson of the Nashville Tennessean infiltrated the Ku Klux Klan to provide a first-person account of its racist practices and beliefs. BBC used clandestine students to describe a “sex for grades” scandal. In Los Angeles, CBSN’s David Goldstein regularly goes undercover.

The Washington Post captured a Pulitzer Prize for Public Service by disclosing disgusting and unsanitary conditions at the Walter Reed Army Medical Center. The reporters never identified themselves as such, which, according to Brooke Kroeger, a New York University law and journalism professor, defines their action as investigative reporting. It is, she argued, yet another demonstration of how deception in investigative reporting is not only permissible but a necessary tool regularly exposing wrongdoing that can’t be found any other way.

Attacking Whistleblowers Who Exposed Crime
Instead, Daleiden faces a legal system that has unleashed both criminal and civil actions against him for a variety of supposed violations of law, including criminal trespass, fraud, and breach of contract, even federal civil racketeering. A jury in the civil trial awarded the plaintiffs more than $2.2 million in damages, enough to permanently silence Daleiden’s small pro-life and nonprofit operation. We are appealing.

The criminal case, the one more likely to chill undercover work, was the product of then-California Attorney General Kamala Harris. A judge threw out six of 15 criminal charges against Daleiden and co-investigator Sandra Merritt but ruled that the other counts can go to a criminal trial. Thus, the arraignment. Never mind that Harris violated shield laws protecting reporters by raiding Daleiden’s home and capturing previously unpublished raw journalism materials.

How ironic, because about the time that Daleiden published his findings, animal rights activists were praised for ­documenting abuse in the poultry industry. Unlike in Daleiden’s case, Harris launched probes of the poultry industry and didn’t charge the reporters.

That Harris received campaign donations from, and touted her support for, pro-choice groups suggests she was motivated by political bias. Same for the judge in the civil case, who was affiliated with an organization that had a joint venture with a Planned Parenthood affiliate whose successor is now one of the entities suing Daleiden.

No one can be blamed for thinking that the legal actions were inspired and carried out by pro-choice organizations to punish and silence their opponents. What does it tell you that the Daleiden case may have been the first time that any journalist has been criminally charged with violating the California recording law in the many years it has been on the books?

Putting Reporting Under Government Threat
Even if the government’s action were bias-free, Daleiden’s pursuit still jeopardizes quality journalism. The California accusations are based on the claim his targets had an expectation of privacy even when the conversations were conducted in a public place, like a restaurant or hotel convention hall, where bystanders could hear them. It’s a ludicrous assertion, a gross misinterpretation, and an undue and overbroad extension of the law.

I refer to two pro-choice law professors, Sherry F. Colb and Michael C. Dorf, who support Planned Parenthood’s work but warned that the criminal pursuit of Daleiden “follows a troubling pattern in American constitutional jurisprudence” to cripple investigative journalism. In a CNN opinion article, they wrote, “Whatever the precise facts of this case prove to be, the prosecution has broader implications, and not just for abortion and anti-abortion speech. Undercover exposés play a vital role in informing the American public of important facts that would otherwise remain hidden.” The Los Angeles Times deemed the prosecution “disturbingly aggressive” and an “overreach.”

Possible prison sentences and burdensome fines attached to criminal conduct cannot be ignored in this debate. They are more than a disincentive to expose wrongdoing; they give the upper hand to criminal enterprises, powerful corporations, avenging politicians, ideologues, and special interests to protect themselves from public condemnation and costly penalties for misconduct. This is not a loophole that the Founding Fathers had in mind when they crafted the constitutional protection of freedom of the press.

Even those who disagree with Daleiden and his techniques but care about how the precedent-setting legal actions against him that could define press freedom in the future need to follow this case as it winds through the legal system, possibly all the way up to the U.S. Supreme Court.

Thomas Brejcha is founder, president and chief counsel of the Thomas More Society, a national public interest law firm defending life, family and religious liberty. It represents David Daleiden.
Photo kambodza / Flickr

Fact, Not Advice!

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Too, whenever you file a case, you need to do everything, as if you plan to appeal. Every case goes to appeal, unless it is so shitty a case that it don’t warrant an appeal. Everything you do in your case should prepare for an easy appeal, you have to be diligent, as if you are the one being sued, and you have to do plenty of discovery if you want anything from the opposing party, and the most important thing, is you have to follow the Rules of Civil Procedure, Uniform Superior Court Rules, the Court’s Rules and all Orders.
If any of the above things have not been followed to a “t” then you have made it hard for yourself, and will most likely loose the case. If you have planned to appeal, which should always be done, then it will be easier and less costly to appeal.

Damn, that’s good, I am going to post.

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Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

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(AP Photo/Manuel Balce Ceneta)AP Photo/Manuel Balce Ceneta)

https://www.breitbart.com/politics/2019/10/25/michael-flynn-lawyers-accuse-fbi-of-laying-trap-withholding-evidence/?utm_source=newsletter&utm_medium=email&utm_term=daily&utm_campaign=20191025&utm_content=Final

Former FBI lawyer Lisa Page leaves following an interview with lawmakers behind closed doors on Capitol Hill in Washington, Friday, July 13, 2018.
JOEL B. POLLAK
25 Oct 2019

Lawyers for former National Security Advisor Michael Flynn reportedly filed a motion on Thursday in which they allege that the Department of Justice manipulated a document to frame their client and is withholding exculpatory evidence.
The apparent “sealed” filing, dated October 24, 2019, was posted to social media on Thursday evening.

US v Flynn; DE 129-2 by Techno Fog on Scribd

The filing by Flynn’s new legal team, which took over the case several weeks ago, argues that the Federal Bureau of Investigation conducted an “ambush-interview” of Flynn in the White House not to discover any evidence of criminal activity, but to coax him into making false statements.

When Flynn’s new lawyer Sidney Powell first made those allegations in September, prosecutors replied that she was indulging in “conspiracy theories” and noted his client had already pleaded guilty to the crime of lying to the FBI in 2017. Flynn has been awaiting sentencing since then, and even told the sentencing judge in 2018 that he would not claim FBI misconduct, despite growing evidence that they had departed from normal practice in interviewing him and had only completed their “302” — the report of their meeting — after he had already been forced to resign from his position in the administration over the allegations.

The new defense filing alleges that the government is refusing to turn over a mountain of potentially exculpatory evidence, some of which has begun to emerge in the media — either through leaks or through ongoing inquiries into the origins of the probe into alleged Russia “collusion” with the Trump campaign, later found not to exist.

That evidence, Flynn’s legal team alleges, includes an apparent admission by former FBI lawyer Lisa Page — who resigned after being discovered having an affair with agent Peter Strzok, with whom she shared anti-trump texts — that she had edited the 302 — something that she allegedly told FBI investigators she did not recall, the filing states.

The edits, the filing alleges, were substantive: they included a claim that Flynn said he did not discuss any sanctions with the Russian ambassador. Flynn’s lawyers allege he merely told the FBI he did not recall, and that the claim he said otherwise was added only after a transcript of his discussion with the ambassador had been leaked to the media.

In a footnote, the filing adds that former FBI general counsel James Baker “is believed to be the person who illegally leaked the transcript of Mr. Flynn’s calls to [Washington Post reporter David] Ignatius.” It also alleges that former National Intelligence Director James Clapper told Ignatius to “take the kill shot on Flynn.”

The filing emerged hours after reports that the Department of Justice had shifted its investigation of the origins of the Russia probe to become a criminal investigation under the supervision of prosecutor John H. Durham.

Flynn was subject to surveillance — allegedly in response to claims that he might have violated the Logan Act, an archaic and rarely-enforced law barring private citizens from diplomacy — during President-elect Donald Trump’s transition to office. Flynn’s name was then unmasked in the transcript of his telephone conversation with then-Russian Ambassador Sergey Kislyak, which was then leaked illegally.

Flynn’s subsequent prosecution for lying to the FBI was key to the “Russia collusion” theory, later found to have no substance after a lengthy investigation by Special Counsel Robert Mueller that took nearly two years to complete.

Critics have alleged that Mueller may have induced Flynn to plead guilty by suggesting that the government had more evidence of “Russia collusion” than it actually did.

This story is developing.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He earned an A.B. in Social Studies and Environmental Science and Public Policy from Harvard College, and a J.D. from Harvard Law School. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

Some Red Flags About ‘Red Flag’ Laws

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Some Red Flags About ‘Red Flag’ Laws
Beth Alcazar – 09/24/2019

Some Red Flags About ‘Red Flag’ Laws

A terrible tragedy occurred in my home state of Alabama last month. As reported by the local news, a father and his son were involved in an argument that led to the 70-year-old father shooting his 45-year-old son in the chest in what he claims was self-defense.

Soon afterward, the Alabama chapter of Moms Demand Action shared the news — along with a comment — on social media. They posted:

’Investigators said James Adams and his son, Alfred Dewayne Adams, were involved in an argument Sunday night. They further stated they believe James told Alfred he was going to bed. Alfred then walked into the bedroom and James shot him in the chest. Some of the neighbors and some other family members can tell us about stuff that was happening through [sic] the years.’ This life could have been spared by utilizing a red flag law.

Some Questions

“This life could have been spared by utilizing a red flag law?” That’s quite a statement. And I wanted to post a few questions to Moms Demand Action. First of all, I wanted to ask: If the father truly used a weapon in self-defense, would a “red flag” law have disarmed him … and then spared the life of his violent son? Would the father be dead, then, in this particular situation? Beyond that, do “red flag” laws cover all weapons in the home? What if the suspect had decided to use a knife? Or what about prescription drugs or poisons? Does it cover a person’s bare hands and/or body? Could we confiscate those weapons, as well, whenever we feel there’s “some stuff that was happening through the years?”

Some Examples

And what about the terrible case in which a son killed his father and wounded his mother with a knife? Two months ago, in Arizona, the Yavapai County Sheriff’s Office reported that when the older couple returned home, “they noticed their 33-year-old son had consumed a large amount of beer. The parents argued with him over their drinking concern. He threw his phone at them and then went into the kitchen and grabbed two large knives. When he tried to stab his mother, his father intervened and attempted to restrain him while he was still in the kitchen. The son began attacking his dad. As the struggle moved from the kitchen into the living room, the son was able to stab his dad in the chest. The father collapsed to the floor.”

Or there’s this recent horror story from Illinois: A man in a Chicago suburb was arrested by local police after killing his own mother by stabbing her repeatedly with a samurai sword in the chest. Park Ridge Police had removed the murderer’s firearms two times, with the last time being in July 2019. So the suspect didn’t have a gun … but he still had evil intent. And he used whatever weapon he could find.

There’s also the atrocity from Nevada a few weeks ago in which a 36-year-old man bludgeoned a woman to death with a sledgehammer in what Las Vegas police said was a random attack at a laundromat.

I could go on. But I won’t. Perhaps you see the point.

Some Red Flags

Beyond the fear of just anyone pointing out someone else with a gun for no good reason or people wrongly having their firearms taken from them because of mistaken identity or possibly just being in the wrong place at the wrong time, there are so many red flags about “red flag” laws. Undoubtedly, we’d love to be able to stop crimes and keep bad people from harming or killing others. But this is not the movie Minority Report, in which police can employ some sort of psychic technology to arrest and convict murderers before they commit their crimes. Ultimately, we have to ask: Will “red flag” laws actually target violent people … or just people with guns? Because as the above examples (and countless others) show, the problem isn’t the firearms.

About Beth Alcazar

Author of Women’s Handgun & Self-Defense Fundamentals, associate editor of Concealed Carry Magazine and creator of the Pacifiers & Peacemakers column, Beth Alcazar has enjoyed nearly two decades of teaching and working in the firearms industry. She holds degrees in language arts, education and communication management and uses her experience and enthusiasm to share safe and responsible firearms ownership and usage with others. Beth is certified through the NRA as a Training Counselor, Chief Range Safety Officer and Certified Instructor for multiple disciplines. She is also a Certified Instructor through SIG Sauer Academy, ALICE Institute, DRAW School, TWAW and I.C.E. Training and is a USCCA Certified Instructor and Senior Training Counselor.


How many times have we heard about someone running over a bunch of people too. Even the car or truck can be a deadly weapon. If someone is dead set that they are going to kill, for whatever reason, they will find the tool to kill others with!

These gun grabbers want any possible way to take our protection from us. And these same gun grabbers are socialists/communists.

Impeachment can go more ways than one. These politicians that want to do away with the Second Amendment, work for us. When they were sworn in, they swore to honor and uphold the Constitution. Trying to do away with any of the Amendments to the Constitution, especially the Bill of Rights, is not honoring and upholding the Constitution. Violating one’s Oath of Office is usually grounds for them to be removed.

I say let’s remove their asses!
(Please note, I usually don’t comment on my own posts).

Supreme Court Lets Trump Build the Wall; Lifts Injunction

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(EL PASO, TEXAS – FEBRUARY 11: U.S. President Donald Trump speaks during a rally at the El Paso County Coliseum on February 11, 2019 in El Paso, Texas. U.S. Trump continues his campaign for a wall to be built along the border as the Democrats in Congress are asking for …Joe Raedle/Getty Images)

Supreme Court Lets Trump Build the Wall; Lifts Injunction
https://www.breitbart.com/border/2019/07/26/supreme-court-lets-trump-build-the-wall-lifts-injunction/
JOEL B. POLLAK26 Jul 201911,830

The U.S. Supreme Court allowed President Donald Trump to begin building the wall on the U.S.-Mexico border using emergency funds, lifting an injunction Friday that had been imposed by a district court in California and upheld by the Ninth Circuit.
After Congress refused to appropriate enough funding to build a barrier along the border earlier this year, President Trump declared a national emergency to allow the administration to access more money. In total, he ordered $8 billion spent — though, as Breitbart News pointed out, only $3.6 billion needed an emergency declaration.

The president was exultant on Twitter:

Donald J. Trump

@realDonaldTrump
Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!

126K
6:37 PM – Jul 26, 2019
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The decision was largely along partisan lines, with all five Republican-appointed justices voting to lift the injunction, while all three liberal justices were opposed. Justice Stephen Breyer sought to have it both ways, allowing the process to go forward but not the construction: “There is a straightforward way to avoid harm to both the Government and respondents while allowing the litigation to proceed. Allowing the Government to finalize the contracts at issue, but not to begin construction, would al- leviate the most pressing harm claimed by the Government without risking irreparable harm to respondents.”

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He earned an A.B. in Social Studies and Environmental Science and Public Policy from Harvard College, and a J.D. from Harvard Law School. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

I Don’t Think They Ever Even Looked for Richard Merritt, While the Victims That Testified Against Him Remain in Fear

Richard-Merritt-via-Fox-5-Atlanta

Ex-Lawyer Supposed to Be In Prison for Cheating Clients, But Now He’s Wanted in His Mom’s Murder
by Alberto Luperon | 5:51 pm, February 3rd, 2019

Disbarred lawyer Richard Merritt, 44, was due in prison Friday for swindling his clients. Yet it’s two days later and he’s now wanted for allegedly killing his mother. Cops in Dekalb County, Georgia said that officers responded to a local home on Saturday morning regarding a dead person, according to The Atlanta Journal-Constitution. They found Shirley Merritt was fatally stabbed. Cops blame this on her son.

Cops said Richard Merritt might be driving his mom’s brown 2009 Lexus RX350. It features the Georgia license plate CBV6004.

The suspect shouldn’t even be out, whether or not there was a murder. The suspect was convicted of settling lawsuits without clients’ knowledge, and keeping the cash. He was sentenced last month to 15 years in prison, to be followed by an equally long stint on probation. Prosecutors say he took advantage of the elderly, and those alleging medical malpractice. This scheme affected 17 former clients. He’d lie to them about the settlements, and claim their cases were ongoing, authorities said. Prosecutors claim he forged their signatures and checks, and notary seals.

Merritt surrendered his law license last year. From the Supreme Court of Georgia in a filing dated January 29, 2018:

In his petition, Merritt, who has been a member of the Bar since 2000, admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.

The judge in his sentencing gave him time to prepare for prison, and turn himself in by 5 p.m. on February 1. The defendant had to deal with what was described as family medical issues before serving his sentence, according to a Fox 5 Atlanta story.

9b13335e-7797-4ef3-9e0d-f54a723ab33b_750x422
Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
http://www.barcomplaint.com/attorney-theft/georgia-disbarred-lawyer-richard-merritt-jailed-on-theft-elder-abuse-charges/

The problems of Richard Merritt have come to a head with his arrest. This has been long coming has his behavior has been in question for several years.
Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
Attorney Richard Merritt was disbarred Monday for pocketing a client’s $75,000 settlement and jailed Wednesday on multiple felonies.

Richard Vinson Merritt

Former Smyrna attorney Richard V. Merritt, who was disbarred Monday after admitting to settling a client’s suit for $75,000 and then pocketing the money, woke up in the Cobb County Jail Thursday after being arrested on separate felony elder abuse, theft, exploitation and check fraud charges.

The spokesperson for the Cobb County Sheriff’s Office said he had no further information on the charges, which were apparently filed by the Smyrna Police Department. The booking report includes a notation that Merritt is to be held for the Fayette County Sheriff’s Office, where a press liaison said they received a bench warrant for “indirect criminal attempt.”

He provided no further information, and there was no immediate response from Smyrna police.

On Friday, Cobb County District Attorney Vic Reynolds said there was little he could offer concerning Merritt’s case so far.

“We have yet to receive the complete investigative file from the Cobb Sheriff’s Department,” said Reynolds via email. “When we do, our White Collar Unit will begin the process of determining what charges we will proceed to the grand jury with. In addition, our Investigators will begin reviewing the file upon receipt to see if there are any additional victims or charges which need to be pursued.”

Merritt remained in jail on Friday afternoon.

Merritt is the subject of multiple civil suits in Cobb County, including one filed by a woman who claims he forged her name on a $150,000 settlement agreement and check without her knowledge. She claims Merritt never turned over any funds.

He also faces several legal malpractice and fraud lawsuits in Cobb County from clients claiming he agreed to handle their cases and then never filed them and never pursued any actions.

Merritt has represented himself in each of the lawsuits.

The attorney for a plaintiff in one case, Sapp & Moriarty partner Daniel Moriarty—interviewed before word of Merritt’s arrest was known—said he was surprised at the mild tone in the state Supreme Court’s disbarment opinion, which only said Merritt “settled a client’s personal injury matter for $75,000 but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.”

“That’s a euphemism for stealing money,” said Moriarty. “I talked to an investigator who has seen his bank records and determined that he had stolen hundreds of thousands of dollars. It just blows my mind what he’s gotten away with.”

According the bar complaint reviewed by the Daily Report, Merritt was retained to handle a personal injury matter in December 2016 and settled it last February, cashing the forged check Feb.7. On Feb. 10, he filed a lawsuit “and continued to lead me on until late May 2017 when I learned what he had done,” the confidential complaint said.

“I have never seen a dime of the $75,000,” said Merritt’s former client.

Another civil suit filed in Cobb County State Court last year said Merritt forged a husband and wife’s signature on a settlement and check in a medical malpractice case and never told them.

Another complaint said Merritt accepted a med-mal case and continually told his client that he was investigating it. Merritt sent emails saying “All is well and we are moving forward on your case,” and “No worries I’m on it!”

Then he stopped accepting the woman’s calls, and the filing deadline passed.

In that case, Judge Maria Golick struck Merritt’s answers and ordered a damages-only trial after finding he “willfully failed to respond” to hearing notices. Golick scheduled a show-cause criminal contempt hearing, and the decision is apparently still under advisement, according to court records.

In the case Moriarty is handling, Merritt also allegedly claimed to be conducting discovery and searching for experts, even scheduling bogus depositions for his clients, only to cancel them at the last minute.

Merritt was the principal for the Smyrna-based Merritt Firm, whose offices were the subject of several dispossessory actions between 2015 and 2017, according to court records.

Last August, Merritt sued two attorneys on behalf of spine surgeon and frequent medical expert James Chappuis. At the time, Merritt said he vice president and general counsel of Chappuis’ Orthopaedic & Spine Surgery of Atlanta.

That case settled confidentially shortly after it was filed.

Source: Professional Legal Blog
Doctor Claims Patient, Lawyers Stiffed Him After Winning $700K at Trial
The doctor, who claims he’s owed more than $200,000, also testified as an expert witness at his patient’s trial.

An Atlanta spine surgeon who sometimes works as an expert witness in personal injury cases has sued a former patient and his lawyers, claiming they stiffed him on $200,000 in medical bills after netting a $700,000 jury award.

The complaint filed Monday by Dr. James Chappuis, founder and CEO of Orthopaedic & Spine Surgery of Atlanta, said he’s owed $205,323 for more than two years of treatment provided to Shin Cho. Chappuis also testified as an expert witness at Cho’s trial.

The complaint was filed by the surgery’s vice president and general counsel, Richard Merritt, and named Cho as well as his attorneys in the personal injury action, James Rice Jr. and Thomas Schaefer.

It accuses Cho of using “pressure and misrepresentation” to convince a clinic staffer to accept just $7,500 as full payment of the debt and said the lawyers paid themselves and disbursed Cho’s net award from their trust account despite knowing Chappuis was still owed.

Even the debt Cho purportedly satisfied was “erroneous” and allegedly constituted less than a quarter of the actual sum owed to the doctor, according to the complaint.

Rice denied the suit’s allegations, pointing to a May 31 letter from Chappuis’ practice, saying Cho’s $7,500 payment satisfied his “current outstanding patient balance of $43,871.01.”

“Shortly after they sent that, they contacted us to say there was a ‘bookkeeping error’ and that Mr. Cho owed more than $205,000,” Rice said. “I retained outside counsel to get advice on what to do, and we told their office we were going to disburse the funds in two weeks, and that’s what we did.”

“I also contacted the Georgia bar, and they confirmed that that was the proper way to handle it, so we did all our due diligence before we distributed the money,” Rice said.

Rice said the doctor and his practice were already paid more than $100,000 by Cho’s insurer, and “Mr. Cho candidly feels that he doesn’t owe them anything.”

Schaefer said he was out of town and had not had a chance to review the complaint but was “not really sure why I’ve been named as a party.”

“Our official quote is that we stand by the complaint as drafted,” said Merritt, declining to discuss the case further.

On May 22, Cho was awarded $700,000 for claims that he developed back pain following a minor car wreck in Gwinnett County.

Rice told the Daily Report at the time that Cho drove away from the scene. He argued Cho, who already suffered at least three previous back injuries, was an “eggshell plaintiff” for whom even a low-impact wreck was dangerous.

Last year, Cho signed a “letter of protection” with Chappuis and his practice, agreeing to pay or have his attorneys pay “all outstanding medical bills” from funds accruing from the legal action, the complaint said.

The lawyers had previously worked with Chappuis on other cases and “knew the critical importance of the medical care being provided by [Chappuis], as it related to satisfying the burden of proof in proving causation and damages, and in the effectiveness of Plaintiff Chappuis’ testimony, as both a treating physician and a medical expert,” according to the complaint.

In fact, Rice sent Chappuis a congratulatory text message after the trial, saying the jury “liked you a lot and coming across as objective helped,” while they did not “buy” the defense expert’s “nonsense.”

But on May 31, Cho went to Orthopaedic & Spine Surgery’s main office and “through deliberate pressure and misrepresentation of the facts, convinced a clerical employee to accept $7,500 in satisfaction and payment in full of an alleged $43,871.01, which was erroneous, as the amount due and owing is $205,323.70,” according to the complaint.

The complaint said that, on June 17, Chappuis’ attorney sent a cease-and-desist letter to Rice “specifically instructing him not to disburse any funds” until he and his practice had been paid. On June 30 a satisfaction of judgment was filed with the court, but Rice and Schaefer “intentionally disregarded their obligation to compensate” the plaintiffs.

The suit, filed Aug. 21, names Cho, Rice, Schaefer and the lawyers’ practices as defendants, and includes counts for fraud, negligent misrepresentation and breach of contract.

Rice said it is “unfortunate that the plaintiffs have chosen to bring both my firm and Mr. Shaefer’s firm into a matter that is moot,” and is also moot regarding Cho.

“To say the least, the lawsuit is disappointing, but in any event we will vigorously defend it, including seeking fees and costs,” Rice said.

Source: Daily Report

Name Of The Attorney: Attorney Richard Merritt
Name Of The Law Firm: Cobb County District Attorney Vic Reynolds
State: Georgia
xyz_fbap: 1

New York’s Lawyers and Judges Behaving Badly, From New York Law Journal

https://www.law.com/newyorklawjournal/2018/12/30/lawyers-judges-behaving-badly/
Tara-Lenich-Article-201612051956
Tara Lenich, admitted to forging judicial orders to run illegal wiretaps on a fellow prosecutor and a New York City Police Detective, sentenced to one year in prison in early 2018.

Edmund-Duffy
Edmund Duffy’s five-decade legal career, during which he rose to prominence as the former heard of the China practice at Skadden, officially ended 02/08/2018, when he was automatically disbarred after he pleaded guilty to possession of child pornography.

AP-Robert-Cicale-web
A Suffolk County District Court Judge was suspended from the bench after he was arrested and charged with burglary. He was caught with women’s underwear that he allegedly stole from a private residence.

Evan-Greebel-Article-201710202147
Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, was sent to prison for working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

ravelo-keila-Article-201810091948
Keila Ravelo was sentenced to five years for conspiring to defraud her former law firms and clients out of $7.8 Million, using bogus litigation vendors. Prosecutors said that the former Hunton & Williams and Willkie Farr & Gallagher partner used the money to fuel a lavish lifestyle.

Frank-Aquila-Article-201809281858
Prominent M&A partner Frank Aquila deleted his Twitter account after tellling White House Press Secretary Sarah Sanders she should “Rot in Hell You Bitch” for defending Sen. Lindsey Graham amid the Senate Judiciary Committee hearing on sexual assault allegations against Brett Kavanaugh.

Aaron-Schlossberg-Article-201805171926
Manhattan attorney Aaron Schlossberg’s rant against employees speaking Spanish at a Mexican Restaurant provoked a firestorm on social media.

Anna-Lushchinskaya-Article-201812142118
Another viral video captured a second New York City lawyer who directed racially charged comments at bystanders.

Gavel-and-Book-Article-201710162142
“Egragious and outragesou” conduct by ex-Mintz Levin associate Anthony Jacob Zappin during his pro se legal war with his former wife, also an attorney, led to his disbarment.

Judicial-Robe-Article-201712011528
New York’s high court unanimously said that Civil Court Judge Terrence O’Connor’s “intemparate” and “inappropriate” behavior in the courtroom were bad enough, but his decision to not cooperate with an investigation into his actions also contributed to his removal from the bench.

From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
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Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out on www.lendinglies.com.
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PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORM WITHOUT ANY OBLIGATION. OUR PRIVACY POLICY IS THAT WE DON’T USE THE FORM EXCEPT TO SPEAK WITH YOU OR PERFORM WORK FOR YOU. THE INFORMATION ON THE FORMS ARE NOT SOLD NOR LICENSED IN ANY MANNER, SHAPE OR FORM. NO EXCEPTIONS.
Get a Consult and TERA (Title & Encumbrances Analysis and & Report) 202-838-6345 or 954-451-1230. The TERA replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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