OPINION: The heightened pleading standard established in 2009 is based on faulty propositions. Arthur H. Bryant, The National Law Journal

May 26, 2016 by nootkabear, posted in 10-15 million people, above the law, access to injustice, Attorneys, Big Law, Congress, corruption, Court Cases, Courts, criminal injustice, ethics cases, Injustice, Judicial Rulings, judicial watch, Justice Dept., law, Lawyers, Legal, Trump, United States, US Supreme Court

National Law Journal
http://www.nationallawjournal.com/printerfriendly/id=1202758245088

‘Iqbal’ Brings Seven Years of Bad Luck for Plaintiffs

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions.
Arthur H. Bryant, The National Law Journal
May 23, 2016

The seventh anniversary of the U.S. Supreme Court’s 2009 decision in Ashcroft v. Iqbal was May 18. It’s a date that should live in infamy.
A 5-4 decision, Iqbal ignored reality — and the fact that truth is stranger than fiction. It flouted the process for amending the Federal Rules of Civil Procedure. And it particularly limited access to justice for civil rights, employment discrimination and individual plaintiffs.
Seventy years before Iqbal, in 1938, the Federal Rules were adopted to get rid of “fact” pleading, which the rule-makers thought “led to wasteful disputes about distinctions that … were arbitrary or metaphysical, too often cutting off adjudication on the merits.” Under the new Rule 8, to start a lawsuit, the plaintiff had to file a complaint with “a short and plain statement of the claim showing the pleader is entitled to relief.”
As the court later explained in Conley v. Gibson, the complaint did not have to “set out the facts in detail.” It just had to give the defendant “fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” A motion to dismiss would only be granted if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Then, the plaintiff could take discovery, to find out what the defendant and other relevant people knew and when they knew it. After that, the court would determine whether there was sufficient proof to require a trial.
In Iqbal, the court rejected a complaint alleging that high-level U.S. officials had a Pakistani Muslim and thousands of other Arab men illegally arrested and detained after the 9/11 attacks because of “their race, religion, and national origin … and not because of any evidence” of their “involvement in supporting terrorist activity.”
To do so, the court changed the rules. It held that, from now on, to “survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Dismissal no longer turned on whether the complaint provided “fair notice” to the defendant; it turned on whether the claim was “plausible on its face.” How were judges to determine that? By drawing on their “judicial experience and common sense.”
Motions to dismiss were immediately filed throughout the federal courts. Judges’ and lawyers’ workloads increased enormously. The lower courts and lawyers are still struggling to figure out how the new system is supposed to work — and, if they can, make it fair.
For three reasons, however, it’s become increasingly clear that Iqbal was a mistake.
First, whatever one thinks about the allegations in the case, the Iqbal pleading standard is based on a proposition — allegations probably aren’t true if they’re not plausible on their face — that is false. Reality keeps teaching us that. None of us, including federal judges using their “judicial experience and common sense,” would have believed that any of the following was plausible a few years ago:
• Donald Trump would be the presumptive Republican Party nominee for president of the United States of America.
• A prominent candidate for president would propose banning all Muslims from entering America or call women “fat pigs,” “dogs” and “disgusting animals.”
• Same-sex marriage would be legal nationwide.
• The U.S. government would obtain and be able to search virtually all Americans’ phone records.
• Olympic champion Bruce Jenner would become a woman, Caitlyn Jenner.
• Federal, state and local governments would battle over what kind of bathroom people such as Caitlyn Jenner could use.
Similar implausible things happen every day.
Second, Iqbal effectively rewrote the Federal Rules without following the legally established rules for amending them. Under the Rules Enabling Act, before rules are changed, detailed procedures must be followed involving the Advisory Committees to the U.S. Judicial Conference’s Standing Committee on Rules of Practice and Procedure; the Standing Committee itself; notice to and comment from lawyers, judges and the public; the U.S. Judicial Conference; the Supreme Court; and Congress — so the changes are fully considered and fair.
In 2002, the court unanimously rejected a company’s plea for a heightened pleading standard in employment discrimination cases, saying that result “must be obtained by the process of amending the Federal Rules, and not judicial interpretation.” It should have said that in Iqbal, too.
Third, Iqbal is especially harmful to civil rights, employment discrimination and individual plaintiffs. Last year, the most comprehensive study of Iqbal’s effects, “Measuring the Impact of Plausibility Pleading,” was published in the Virginia Law Review. It found that Iqbal increased dismissals of most cases by 10 percent, but employment discrimination and civil rights cases much more (16 percent and 19 percent, respectively). Cases filed by individuals were also dismissed far more often (18 percent), but not cases filed by corporations.
In theory, this could mean that only bad cases were dismissed more promptly. But, if that were true, a higher percentage of the cases remaining in court would succeed. They didn’t. These plaintiffs were just disproportionately denied a chance to prove their claims.
The high court should reverse the Iqbal decision. Whether cases proceed should turn on the facts and the law, not on whether judges think the allegations are plausible.
Arthur H. Bryant is the chairman of Public Justice, a national public interest law firm dedicated to advancing and preserving access to justice. His practice focuses on consumers’ rights, workers’ rights, civil rights, environmental protection, and corporate and government accountability.

City of Springfield Banned all Foreclosures! How Will The Supreme Court Rule On That?

September 5, 2014 by nootkabear, posted in Alert, Attorneys, Banksters, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Health, Injustice, Japan, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, Radiation, Raidoanalytical, US Bank

(Republican File Photo)

http://www.masslive.com/politics/index.ssf/2014/09/banks_fight_springfield_forecl.html

By Shira Schoenberg | sschoenberg@repub.com
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on September 04, 2014 at 3:35 PM

MASSACHUSETTS SUPREME JUDICIAL COURT

BOSTON – A group of Western Massachusetts banks argued before the state’s highest court on Thursday that the city of Springfield’s anti-foreclosure ordinances should be overturned.

The banks say the local ordinances contradict state laws, and a bond levied on lenders constitutes an illegal tax. “It’s not that banks are opposed to mortgage laws and reform, but to how it’s being done,” said Craig Kaylor, general counsel for Hampden Bank, one of the banks that brought the lawsuit. “These are for the state to decide, not city by city.”

But the city disagrees and says the laws are necessary to avoid blight and protect neighborhoods that have high rates of foreclosure.

“This is the city’s response to the foreclosure crisis,” said Springfield Assistant City Solicitor Thomas Moore, who argued the case before the Supreme Judicial Court. “It’s a response from the city council and mayor based on what they see every day in the city. They’ve taken the strongest stance to protect homeowners and the city itself.”

The city of Springfield passed two anti-foreclosure ordinances in 2011 as the city was being hit hard by the mortgage foreclosure crisis. One ordinance requires a bank that forecloses on a home to pay for a $10,000 bond, which can be used by the city to maintain the foreclosed properties, if the bank fails to do so.

The other ordinance requires the establishment of a mandatory mediation program to help homeowners facing foreclosure. The bank would be responsible for paying most of the cost of the mediation.

Springfield is among the top cities in the state in the number of distressed properties it has. The city says high rates of foreclosures lead to health and education problems for children in families that lose their homes, and high rates of blighted or vacant properties lead to crime and violence in those neighborhoods.

Six western Massachusetts banks, with Easthampton Savings Bank as the lead plaintiff, challenged the ordinances. A U.S. District court judge upheld the ordinances. However, on appeal, the U.S. Court of Appeals issued a stay preventing Springfield from enforcing them. The federal court then asked the Supreme Judicial Court, the state’s highest court, to answer two questions related to state law before the federal court makes its ruling. The case is Easthampton Savings Bank and others vs. City of Springfield.

The SJC must decide whether the local foreclosure ordinances are preempted by existing state foreclosure laws. The court must also decide whether the $10,000 bond is a legal fee or an illegal tax. Cities and towns cannot create taxes without legislative approval.

The banks also argue that the ordinances violate the contract clause of the U.S. Constitution by impairing the contract between the homeowner and the mortgage-holder, a question that remains before the federal court.

During Thursday’s arguments, Tani Sapirstein, an attorney representing the banks, argued that the bond is a tax because banks do not get any particular benefit from paying it – which is the criteria for calling something a fee. The way the bond works is when a foreclosed property is sold, if the city did not have to use the bond money to maintain it, $9,500 would be returned to the bank and $500 is kept by the city as an administrative fee, used to maintain blighted properties and implement the foreclosure laws.

Chief Justice Ralph Gants questioned Sapirstein on whether the bank does not actually receive benefits. “You have an interest in preserving the value of your property,” Gants said. “If there are foreclosed properties going to hell all around your property, it diminishes the value of your property and diminishes the value of what you receive on the foreclosure. Why is this concern about avoiding blight not something that would benefit the bank as well as the city?”

Sapirstein replied that eliminating blight would benefit the bank “as well as the city and other property owners in the neighborhood.” “How is that a particularized benefit?” she said.

Moore argued that the bond is a fee, which the city needs to hire code inspectors and create a database of who controls foreclosed properties.

But Justice Geraldine Hines said if she pays for a copy of her birth certificate, she gets a document in return for the fee. “Here I don’t see that,” she said. “The property owners, the mortgagees, don’t have something tangible.”

Moore said the banks get a “well-regulated industry” and preservation of their property values. In addition, when a bank registers ownership in the database, the city knows who is responsible and problems can be resolved more easily.

Sapirstein also argued that local law cannot require more than state law in an area that is regulated by the state or the result would be “a patchwork of ordinances.”

Gants indicated that the court may move to narrow the ordinances – for example, applying them only to a bank that has taken possession of a house, not a bank that is in the process of foreclosure when the homeowner is still living there. Gants said the ordinance as written could fine a bank for not maintaining a property where the homeowner still lives. As a homeowner, Gants said, “I’d say I’m still living here. This is my home. How can they be punished for not invading what’s still my home just because they happen to be foreclosing on it?” Gants said.

Moore acknowledged that the ordinance may be overbroad and said the city does not anticipate pursuing a violation in a case like that. Moore said the lenders’ lawsuit is premature because there is no information yet about how the city will enforce the laws. “We have the lenders essentially saying the sky will be falling, we are worried about x, y, z happening. None of that has happened and none of that may happen,” Moore said.

Moore said the city is still writing the regulations for the ordinances and if they are upheld, “The city is ready to go forward with implementation within a period of weeks.”

Similar foreclosure ordinances were established in Lynn and Worcester, and local banks challenged those as well. That lawsuit is pending in U.S. District Court in Worcester. The case involving Lynn and Worcester could be affected by the SJC’s ruling in the Springfield case.

Several activists supporting homeowners came in from Lynn and Springfield to hear the arguments. Candejah Pink, a Springfield homeowner and community organizer battled foreclosure for four years before reaching an agreement to keep her home. She helped write the Springfield ordinances. Pink said the bond is there to ensure that homes are maintained, which keeps crime and violence down. The mediation program, she said, is important to help homeowners come to an agreement with lenders. “We’re not asking to live in our homes for free. We’re asking for some mediation,” she said.

SHEEPLE AWAKEN!!!

June 29, 2014 by nootkabear, posted in Attorneys, Banksters, big brother, BLM, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Fukushima, globalists, Health, Japan, Judicial Corruption, Judicial Rulings, law, Legal, malitia, manifest injustice, nuked, Radiation, radiation poisoning, the web, Tsunami, US Bank

Once Upon a Time…. I Thought the Worst We Had To Face Was Foreclosure Hell, I WAS WRONG!

Posted on June 28, 2014 by nootkabear

Ya know, I used to think that Foreclosure Hell was the worst thing we in this Country had to face. Wow, Was I Wrong!

I didn’t realize that just like in Japan, they will cook us to death with radiation, and not even bother to tell us. I have condemned the Japanese for nuking the world and not telling us the truth about it, but fuck me, this country is doing the same thing.

While most people go about their daily business, they never think about the fact, that a pleasure of getting rained on is killing them. We are the walking dead, and being asleep to the fact is just fucking us up more.

I would apologize for my slang, no, crude language, but something needs to wake these sleeping zombies up!

So, they are not only going to take every house they can get their grimy paws on, but they are going to continue the slow kill of humankind from the planet.

It is not the kids growing up now that will suffer so much, it is like the butterfly test in Fukushima. It is the children’s children that will be riddled with deformities.

No matter what they try to tell us, we cannot be stupid, and believe that radiation is ok. The thought of believing that, well, it is, stupid. The sheeple that make up this country now, is amazing. If the government says the radiation is not hurting us, we’ll just believe them. Because the government says so? Yall need to get out from under the rock, and out of the sun, cause damn! You been drinking too much water with fluoride in it, for too long, and it has made you dumb! I take that back, it has made you dumber than dirt!

For years, they have been doing things with the weather, with our food, with our prescriptions, our health! They have taken healthy human beings and turned them into out of shape, fat slugs that have lives that are meant for cattle. Chemtrails is no lie either. What about HARP? I guess that you also believe that 911 was not an inside job.

No, I am not a conspiracy theorist, I believe in taking what is put before me, studying it, seeing it for what it is, listening to scientists, listening to experts, and deducing my own opinion. You see, we woke up. We quit drinking the tap water. We quit watching the regular news. The news media is brainwashing you sheeple, which is not hard for them to do.

Terrorists are here, they are going to get you, so we have to militarize the Police forces. These false flag shootings, are to outrage you sheeple, so that you will agree that guns are bad, and they can confiscate our guns. We are told that our rights have to be taken, so that we can be protected from the terrorists, etc.,

If you are so blind you cannot see your nose on your face, you will not notice that Fannie Mae, and the banks are throwing our elderly out on the street. Right now, in Goodyear, Arizona, an 83 year old woman and her 86 year old husband are being thrown out of their home. No one cares. In Colorado Springs, CO, an 82 year old woman is being thrown out of her home. No one cares.

What the hell is wrong with you sheeple? It’s not you, so it is Ok? The Bank With the Most Homes in the End Wins, Get Used to It!!!

Sheeple Awaken!

Neil Garfield Telling It As It Is…”Bullying As An Acceptable Way of Life – Covered By A Corporate Shell Game!

June 7, 2014 by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Injustice, Judicial Corruption, Judicial Rulings, law, Legal, US Bank

Bullying As An Acceptable Way of Life — Covered By a Corporate Shell Game

by Neil Garfield

Those who fail to remember the lessons of history are condemned to repeat it. That is a paraphrase of an oft quoted statement. We are seeing it now. But the subtext is usually ignored which of course means we are condemned to repeat the cycles in which people rise to positions of power and use their platforms to achieve long- sought but never achieved world domination. Before now, we dealt with Hitler, Napoleon, and Roman Emperors to name just a few of the dozens of men that convinced their followers they were somehow superior to all other people, that mass extinction was acceptable, slavery was acceptable and that the symbols of their power should be lavishly exhibited in every home, business and government organization.

The lessons learned by each world dominator were learned by the next one — except the part about their ultimate failure. They controlled the new society with new rules, new laws, and new perceptions that built upon primitive notions held by most people of “them and us”. People were not only afraid to think in ways other than the new dogma, they adapted to it and accepted their fate. This is what Thomas Jefferson was talking about in the Declaration of Independence — that is in their desire to go on with their lives, people will endure many insults and suffer grievous injury to those lives before they rise up to change it.

The lesson learned in World War II by future world dominators was that putting one face on their strategy — a charismatic leader — eventually gives people someone to focus upon, and to eventually hate enough to kill. What we are seeing today is the results of that lesson. The economic crisis has altered our society. Our government is controlled by a group of almost nameless and almost faceless individuals who give the appearance of diversity. They are hiding their monolithic desire for world domination.

Like the frightful ancestors of this cycle, their ruthlessness grows with their power. Today they are enjoying that part of the cycle where they have cornered the market on raw power and have learned that military power alone is not sufficient to maintain their domination. They remain faceless dictators who manipulate the perceptions of the general population, the society as a whole, the business sector, and most importantly those who have their hands on the levers of power.

The result is that they have completely distorted capitalism into something close to fascism, with no one person to hate or admire. Their methods use our laws against the common good and their strategies focus on undermining the ability of anyone to challenge them. Today the handful of banks who control the U.S. economy and world commerce is providing a platform for domination of real estate without force of arms and natural resources without the need for military options (except as a diversion from their true purpose). These bankers are at the halfway point of complete world domination — and they have most people convinced that it is only market forces and the Law that is at work.

The truth is that market forces are not free, they are controlled by these bankers and we are all complicit in allowing it. The truth is that the law is not being applied and the bankers know it so they have devised a strategy of shell games that when presented to any challenger sends them down numerous rabbit holes in search of evidence of malfeasance. It is strategy of distraction so nobody looks at the reality of our existence.

One of those strategies that one Judge in Leon County suggested should be challenged and the subject of a seminar is the shell game of (1) changing lawyers, (2) changing servicers and (3) changing claimants in both judicial and non judicial foreclosure. They succeed to providing a confusing array of moving parts in a literal shell game where all the parts are exchanged for other parts without explanation. This usually starts with a motion for substitution of the Plaintiff in judicial cases or the Defendant in non-judicial cases. The result is not only unjust. It produces the forced sale of property to satisfy parties who are complete strangers to the original loan transaction — thus completing the circle of fraud successfully employed against the lenders and the borrowers. And the social perception is skewed such that neither the lenders nor the borrowers see their common plight.

But there is also a strategic purpose in “substituting” servicers, Plaintiffs, Trustees, etc. First. It presents a challenge to the court as yet another layer to an intentionally incomprehensible and confusing array of entities. The allegations against the old party are “simply” ascribed to the new party. The allegations by the old party are simply ascribed to the new party without explanation as to what transaction occurred in which a new “holder” was created or authorized to enforce a debt based upon a worthless note documenting a transaction that never existed.

Beyond that we have several cases in which I am lead counsel or an expert witness in which the “insertion” of the new claimant representing the banks makes enforcement of discovery problematic. The previous party had to answer discovery within 30 days. Judges are coming into the majority now where they are enforcing at least part of the discovery sought by the homeowner. The new party ignores the discovery because it isn’t addressed to them. The rocket docket causes the motion to compel to be heard too close to the time of retrial to get any real relief. Thus they avoid disclosures that would completely undermine the Bank’s claim.

The time for the next part of the cycle is already upon us. It is a daunting task. The entire maelstrom of illegal and wrongful collection of debt and Foreclosures has been directed by, controlled by nameless, faceless persons who are controlled through multiple layers of untouchables, much like the mafia.

Sue the investment banks and you pierce the multiple veils behind which they are hiding. For every $200,000 residential loan they have generally around $1,000,000 in potential liability to those who paid for the loan more than once, those who paid for the alleged loss more than once, and those who purchased mortgage bonds that were neither owned by the banks that sold them nor were those bonds worth anything. They were issued by trusts who were never funded, left naked without assets, money or income. And so an attack on the central players — the broker dealers holding themselves out as investment banks and commercial banks combined — will not only produce results for homeowners fighting these illegal and wrongful Foreclosures, but just as importantly reveal the soft underbelly of huge beast — the fact that about 1/3 of the their balance sheet is composed of these worthless bonds.

That means most of the the largest banks are already insolvent, the government knows it, but is complicit in this fraud upon the American investor under the dogma engendered by Too Big To Fail.

The interesting thing about all this is that most people understand how wrong this is while their leaders in state and federal governments look the other way. Those politicians who run against the banks will win their races soundly defeating even the most entrenched incumbents, who are owned by our common enemy of the state.

By Paul Craig Roberts – Police Are More Dangerous To The Public Than Are Criminals, (Explained to Where Even Sheeple Can Understand!)

May 23, 2014May 23, 2014 by nootkabear, posted in Attorneys, Banksters, big brother, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, Fraud Upon the Court, globalists, Health, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, Paul Craig Roberts, the web

A MUST READ FOR EVERY AMERICAN!

From: http://www.paulcraigroberts.org/2013/09/16/police-are-more-dangerous-to-the-public-than-are-criminals-paul-craig-roberts/

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Police Are More Dangerous To The Public Than Are Criminals — Paul Craig Roberts

September 16, 2013 | Categories: Articles & Columns | Tags: |

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The goon thug psychopaths no longer only brutalize minorities–it is open season on all of us –the latest victim is a petite young white mother of two small children

http://www.informationclearinghouse.info/article36211.htm

Police Are More Dangerous To The Public Than Are Criminals

Paul Craig Roberts

The worse threat every American faces comes from his/her own government.

At the federal level the threat is a seventh war (Syria) in 12 years, leading on to the eighth and ninth (Iran and Lebanon) and then on to nuclear war with Russia and China.

The criminal psychopaths in Washington have squandered trillions of dollars on their wars, killing and dispossessing millions of Muslims while millions of American citizens have been dispossessed of their homes and careers. Now the entire social safety net is on the chopping bloc so that Washington can finance more wars.

At the state and local level every American faces brutal, armed psychopaths known as the police. The “law and order” conservatives and the “compassionate” liberals stand silent while police psychopaths brutalize children and grandmothers, murder double amputees in wheel chairs, break into the wrong homes, murder the family dogs, and terrify the occupants, pointing their automatic assault weapons in the faces of small children.

The American police perform no positive function. They pose a much larger threat to citizens than do the criminals who operate without a police badge. Americans would be safer if the police forces were abolished.

The police have been militarized and largely federalized by the Pentagon and the gestapo Homeland Security. The role of the federal government in equipping state and local police with military weapons, including tanks, and training in their use has essentially removed the police from state and local control. No matter how brutal any police officer, it is rare that any suffer more than a few months suspension, usually with full pay, while a report is concocted that clears them of any wrong doing.

In America today, police murder with impunity. All the psychopaths have to say is, “I thought his wallet was a gun,” or “we had to taser the unconscious guy we found lying on the ground, because he wouldn’t obey our commands to get up.”

There are innumerable cases of 240 pound cop psychopaths beating a 115 pound woman black and blue. Or handcuffing and carting off to jail 6 and 7 year old boys for having a dispute on the school playground.

Many Americans take solace in their erroneous belief that this only happens to minorities who they believe deserve it, but psychopaths use their unaccountable power against everyone. The American police are a brutal criminal gang free of civilian control.

Unaccountable power, which the police have, always attracts psychopaths. You are lucky if you only get bullies, but mainly police forces attract people who enjoy hurting people and tyrannizing them. To inflict harm on the public is why psychopaths join police forces.

Calling the police is a risky thing to do. Often it is the person who calls for help or some innocent person who ends up brutalized or murdered by the police. For example, on September 15 CNN reported a case of a young man who wrecked his car and went to a nearby house for help. The woman, made paranoid by the “war on crime,” imagined that she was in danger and called police. When the police arrived, the young man ran up to them, and the police shot him dead. http://www.cnn.com/2013/09/15/justice/north-carolina-police-shooting/

People who say the solution is better police training are unaware of how the police are trained. Police are trained to perceive the public as the enemy and to use maximum force. I have watched local police forces train. Two or three dozen officers will simultaneously empty their high-capacity magazines at the same target, a minimum of 300 bullets fired at one target. The purpose is to completely destroy whatever is on the receiving end of police fire.

US prosecutors seem to be the equal to police in terms of the psychopaths in their ranks. The United States, “the light unto the world,” not only has the highest percentage of its population in prison of every other country in the world, but also has the largest absolute number of people in prison. The US prison population is much larger in absolute numbers that the prison populations of China and India, countries with four times the US population.

Just try to find a prosecutor who gives a hoot about the innocence or guilt of the accused who is in his clutches. All the prosecutor cares about is his conviction rate. The higher his conviction rate, the greater his success even if every person convicted is innocent. The higher his conviction rate, the more likely he can run for public office.

Many prosecutors, such as Rudy Giuliani, target well known people so that they can gain name recognition via the names of their victims.

The American justice (sic) system serves the political ambitions of prosecutors and the murderous lusts of police psychopaths. It serves the profit motives of the privatized prisons who need high occupancy rates for their balance sheets.

But you can bet your life that the American justice (sic) system does not serve justice.

While writing this article, I googled “police brutality,” and google delivered 4,100,000 results. If a person googles “police brutality videos,” he will discover that there are more videos than could be watched in a lifetime. And these are only those acts of police brutality that are witnessed and caught on camera.

It would take thousands of pages just to compile the information available.

The facts seem to support the case that police in the US commit more crimes and acts of violence against the public than do the criminals who do not wear badges. According to the FBI crime Statisticshttp://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/summary in 2010 there were 1,246,248 violent crimes committed by people without police badges. Keep in mind that the definition of violent crime can be an expansive definition. For example, simply to push someone is considered assault. If two people come to blows in an argument, both have committed assault. However, even with this expansive definition of violent crimes, police assaults are both more numerous and more dangerous, as it is usually a half dozen overweight goon thugs beating and tasering one person.

Reports of police brutality are commonplace, but hardly anything is ever done about them. For example, on September 10, AlterNet reported that Houston, Texas, police routinely beat and murder local citizens.http://www.alternet.org/investigations/cops-are-beating-unarmed-suspect-nearly-every-day-houston?akid=10911.81835.yRJa7d&rd=1&src=newsletter894783&t=9&paging=off

The threat posed to the public by police psychopaths is growing rapidly. Last July 19 the Wall Street Journal reported: “Driven by martial rhetoric and the availability of military-style equipment–from bayonets and M-16 rifles to armored personnel carriers–American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the US scene: the warrior cop–armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.”

The Wall Street Journal, being an establishment newspaper, has to put it as nicely as possible. The bald fact is that today’s cop in body armor with assault weapons, grenades, and tanks is not there to make arrests of suspected criminals. He is there in anticipation of protests to beat down the public for exercising constitutional rights.

To suppress public protests is also the purpose of the Department of Homeland Security Police, a federal para-military police force that is a new development for the United States. No one in their right mind could possibly think that the vast militarized police have been created because of “the terrorist threat.” Terrorists are so rare that the FBI has to round up demented people and talk them into a plot so that the “terrorist threat” can be kept alive in the public’s mind.

The American public is too brainwashed to be able to defend itself. Consider the factthat cops seldom face any consequence when they murder citizens. We never hear cops called “citizen killer.” But if a citizen kills some overbearing cop bully, the media go ballistic: “Cop killer, cop killer.” The screaming doesn’t stop until the cop killer is executed.

As long as a brainwashed public continues to accept that cop lives are more precious than their own, citizens will continue to be brutalized and murdered by police psychopaths.

I can remember when the police were different. If there was a fight, the police broke it up. If it was a case of people coming to blows over a dispute, charges were not filed. If it was a clear case of assault, unless it was brutal or done with use of a weapon, the police usually left it up to the victim to file charges.

When I lived in England, the police walked their beats armed only with their billysticks.

When and why did it all go wrong? Among the collection of probable causes are the growth or urban populations, the onslaught of heavy immigration on formerly stable and predictable neighborhoods, the war on drugs, and management consultants called in to improve efficiency who focused police on quantitative results, such as the number of arrests, and away from such traditional goals as keeping the peace and investigating reported crimes.

Each step of the way accountability was removed in order to more easily apprehend criminals and drug dealers. The “war on terror” was another step, resulting in the militarization of the police.

The replacement of jury trials with plea bargains meant that police investigations ceased to be tested in court or even to support the plea, usually a fictitious crime reached by negotiation in order to obtain a guilty plea. Police learned that all prosecutors needed was a charge and that little depended on police investigations. Police work became sloppy. It was easier simply to pick up a suspect who had a record of having committed a similar crime.

As justice receded as the goal, the quality of people drawn into police work changed. Idealistic people found that their motivations were not compatible with the process, while bullies and psychopaths were attracted by largely unaccountable power.

Much of the blame can be attributed to “law and order” conservatives. Years ago when New York liberals began to observe the growing high-handed behavior of police, they called for civilian police review boards. Conservatives, such as National Review’s William F. Buckley, went berserk, claiming that any oversight over the police would hamstring the police and cause crime to explode.

The conservatives could see no threat in the police, only in an effort to hold police accountable. As far as I can tell, this is still the mindset.

What we observed in the police response to the Boston Marathon bombing suggests that the situation is irretrievable. One of the country’s largest cities and its suburbs–100 square miles–was tightly locked down with no one permitted to leave their homes, while 10,000 heavily armed police, essentially combat soldiers armed with tanks, forced their way into people’s homes, ordering them out at gunpoint. The excuse given for this unprecedented gestapo police action was a search for one wounded 19-year old kid.

That such a completely unnecessary and unconstitutional event could occur in Boston without the responsible officials being removed from office indicates that “the land of the free” no longer exists. The American population of the past, suspicious of government and jealous of its liberty, has been replaced by a brainwashed and fearful people, who are increasingly referred to as “the sheeple.”

About Dr. Paul Craig Roberts

Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. Roberts’ latest books are The Failure of Laissez Faire Capitalism and The Failure of Laissez Faire Capitalism and Economic Dissolution of the West and How America Was Lost.

Bundy Ranch And Rights of the American People

May 9, 2014 by nootkabear, posted in Attorneys, Banksters, big brother, BLM, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, globalists, Health, law, Legal, malitia, manifest injustice

Bundy Update: If This Politician Has His Way, The Feds Could Start Taking Out The Militia

“Get rid of these armed separatists.”

B. CHRISTOPHER AGEE — MAY 6, 2014

Photo Credit: Facebook/U.S. Rep. Tony Cárdenas

Along with Nevada Sen. Harry Reid, state Rep. Steven Horsford has been a constant voice of opposition against those who came to his state to support Cliven Bundy against federal agents they believed were using excessive force. Despite a dearth of evidence to back up his claim, Horsford has publicly stated that militia members in the Bunkerville area have established armed checkpoints and are routinely harassing local citizens.

His latest call to rid the area of these protesters came this past weekend during comments he made at an event in a neighboring town.

According to his account, an unidentified fifth grader told him Bundy suffers from a “sense of entitlement,” which apparently prompted Horsford to once again protest the presence of armed militiamen in his district.

“And that is why I am calling on [Gov.] Brian Sandoval, Sen. Dean Heller, the sheriff and any other elected official in Nevada to do their part to get rid of these armed separatists.”

Despite the fact that Nevada law allows individuals to carry firearms, Horsford wants local law enforcement to force these concerned citizens out of the community. Furthermore, he has called for a federal investigation into the activities of the remaining protesters.

Both Sandoval and Heller are Republicans who have, to varying degrees, spoken out against the invasion of federal Bureau of Land Management agents last month in Clark County.

Heller has been more supportive of Bundy and his supporters, however, describing protesters as “patriots.”

Sheriff Doug Gillespie did not immediately comment on the latest demand made by Horsford. For his part, Sandoval offered a measured response to a question regarding whether Gillespie is planning to use force in removing the protesters.

“No,” he said, “and even if he had said that, I wouldn’t share that with you; because certainly that’s a conversation between the two of us.”

Late last week, a post on the Bundy Ranch Facebook page indicated the family was calling on protesters to join them in filing a criminal complaint against the BLM. A lengthy post published Friday offered a transcription of a statement delivered by Ammon Bundy at the Clark County Sheriff’s Office earlier that day.

Post by Bundy Ranch.

Photo Credit: Facebook/U.S. Rep. Tony Cárdenas

Cops Killing Dogs, and Loving It!

April 4, 2014 by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, globalists, Health, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web

APRIL 4, 2014

Stay Away From Oklahoma With Your Pets!

Oklahoma Police Officer Shoots Family’s Dog Then Brags It was ‘Awesome’

http://latest.com/2014/03/oklahoma-police-officer-shoots-familys-dog-then-brags-it-was-awesome/?utm_source=Outbrain

By Tamar Auber on March 25, 2014 Subscribe to Tamar Auber’s Feed

An Oklahoma family is devastated after a police officer shot their family pet for simply jumping the fence and getting loose.

Cali, a 2-year-old pit bull had escaped from the yard and had been reported by neighbors to be running loose in the neighborhood. When police and animal officers arrived, Cali evaded the officers, who then decided that the only way to handle the situation was the kill the dog.

Officer Brice Woolly shot one round into the neck of Cali, who was still breathing after the first shot. The police officer then instructed the animal control officer to finish the job.

A neighbor present when the shooting occurred claims Woolly seemed to take delight in downing the dog and overheard him saying to the animal control officer, ”Did you see the way its collar flew up into the air when I blew it’s head off? It was awesome!”

The neighbor also heard Woolly coach the animal control officer on how to fill out the report to avoid trouble. ”We are just going to write this up in the report as the dog tried to attack me and you and others in the neighborhood,” Woolly told the other shooter, according to the neighbor’s account.

Cali’s death is also not the first time, or even the first time this month, that Officer Woolly used deadly force on an animal because it was ‘aggressive’ and the owner could not be located. On March 14, Woolly shot a dog twice. The owner of that dog was never found.

Despite the questions in the case, the Ardmore Police Department claims the matter has been closed and that Officer Woolly acted within the line of duty in shooting the dog.

Local residents and animal lovers, however, disagree. A petition that has already garnered over 17,000 signatures on Change.org is calling for Woolly’s firing for his cruel action. A peaceful rally is also planned for March 29 to protest Cali’s killing by Officer Woolly.

Photo Credit: Facebook/Justice for Cali

Corrupt Attorneys Being Held Accountable, Finally!

April 4, 2014 by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, Fraud Upon the Court, globalists, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

Courts

Judges Slam More and More Plaintiffs’ Attorneys for Corruption

By Paul M. Barrett March 13, 2014

Peasants in Leon, Nicaragua, march in 2007 to denounce the use of harmful pesticides at banana plantations

Photograph by Miguel Alvarez/AFP via Getty Images

http://www.businessweek.com/articles/2014-03-13/judges-slam-more-and-more-plaintiffs-attorneys-for-corruption#p1

Peasants in Leon, Nicaragua, march in 2007 to denounce the use of harmful pesticides at banana plantations

On March 7 a California appellate court upheld a trial judge’s finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a conspiracy by corrupt plaintiffs’ lawyers. That decision came only three days after a federal judge in New York ruled that a multibillion-dollar pollution judgment against Chevron (CVX) in 2011 was so tainted by bribery and coercion that it wasn’t worth the paper it was written on.

Meanwhile, in Texas, a prominent class-action injury lawyer faces mounting woes because of allegations that he faked thousands of damage claims against BP (BP)related to the 2010 Gulf of Mexico oil spill. When you combine these cases with the criminal convictions several years ago of plaintiffs-bar titans Mel Weiss, Bill Lerach, and Dickie Scruggs—all of whom served time for corrupting the civil justice system—it’s hard to deny that there’s deep dysfunction within a powerful portion of the legal profession that claims to fight corporate abuse on behalf of the little guy.

A look at the Dole ruling illustrates the point. The California Court of Appeal in Los Angeles affirmed dismissal of one of a series of suits filed against Dole, alleging the company’s use of pesticides in Nicaragua left banana workers sterile in the late 1970s. In all, these suits resulted in billions of dollars in judgments against Dole.

STORY: The Coming GM Ignition Litigation Storm: 4 Blunt Points

The case at issue in the March 7 ruling, known as Tellez, went to trial in 2008 and produced a multimillion-dollar verdict for workers. That verdict was thrown out when Dole’s attorneys proved that many of the plaintiffs never worked for the company and weren’t, in fact, sterile. Witnesses and investigators were intimidated in Nicaragua, and plaintiffs were coached to concoct false stories. One supposed victim testified that he was instructed to memorize and repeat phony evidence “like a parrot.”

Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats

The California appellate court said the trial judge correctly sent the Tellez plaintiffs packing. The ruling was a win for the Los Angeles firm Gibson, Dunn & Crutcher, which has engineered the negation of multiple pesticide verdicts against Dole. That accomplishment prompted Chevron to hire Gibson Dunn to fight back against a $19 billion oil-contamination judgment imposed by an Ecuadorean court in 2011. In the Chevron case, U.S. District Judge Lewis Kaplan of New York ruled on March 4 that plaintiffs’ attorney Steven Donziger turned his Ecuadorean lawsuit against the oil company into a racketeering scheme, complete with extortion, bribery of judges, and fabrication of evidence. Donziger has denied wrongdoing and vowed to appeal.

STORY: BP Spill Payout Probe Finds Corruption and Lets Money Keep Flowing

Mass-tort and class-action securities-fraud suits reached their apogee in the 1990s, fueled in part by the energy and ingenuity of an elite fraternity of plaintiffs’ firms and individual lawyers, some of whom became phenomenally wealthy as a result of their success. There’s nothing necessarily wrong, of course, with plaintiffs’ attorneys doing well along the path to doing good, just as there’s nothing necessarily improper with corporate-defense lawyers getting richly paid.

But as the plaintiffs’ bar achieved lucrative triumphs in asbestos litigation and the tobacco cases, some of its leaders lost their bearings. Scruggs, who earned a fortune in both of those arenas, pleaded guilty in 2008 to crimes related to a judicial bribery scheme. Weiss and Lerach, impresarios of securities-fraud class actions, went to prison for paying kickbacks to shareholder plaintiffs-for-hire. Last year the Kentucky Supreme Court upheld the disbarment of Stanley Chesley, a scourge of the pharmaceuticals and chemicals industries, among others. Chesley allegedly sought “unreasonable” fees in the settlement of a diet drug class action against Wyeth, now part of Pfizer (PFE).

Mikal Watts of San Antonio ranks among the nation’s most feared mass-injury lawyers. In the wake of the BP oil spill four years ago, his firm filed some 40,000 claims on behalf of deckhands and others alleging economic harm from the disaster that killed 11 rig workers and sullied the Gulf Coast. Last December, BP hit back, accusing Watts of seeking to shake down the company by filing claims for thousands of “phantom” clients who didn’t fit his description of them or didn’t exist at all. Then, in January, another well-known mass-tort attorney, Danny Becnel of Louisiana, filed a separate suit against Watts on behalf of Vietnamese American fishermen and business owners who say Watts used their names without authorization. Watts last year resigned from the plaintiffs’ steering committee helping to direct the litigation against BP after media reports that federal agents had searched his offices in connection with the phantom-claims scandal. The federal criminal probe is continuing. Watts, a major fundraiser for the presidential campaigns of Barack Obama, has denied any wrongdoing—civil or criminal. His lawyers have said all his filings against BP were made in good faith.

Despite the egregiousness of the plaintiffs’ bar abuses, there’s little chance that Congress will enact tort reform anytime soon, says Victor Schwartz, a lobbyist for business on the issue and a partner in Washington with law firm Shook, Hardy & Bacon. Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats, who have fought attempts to cap settlements in big corporate liability cases and class actions. Lawyers spent about $135 million in 2012 helping to elect Democrats, compared with $56 million for Republican candidates, according to the Center for Responsive Politics, which tracks political money. “There have been no major business civil justice victories [in Congress] for almost a decade,” Schwartz says. Likewise, President Obama has shown little interest in taking on attorneys who invested $28 million in his reelection effort in 2012, more than twice what they gave Mitt Romney, according to the center. And bar associations and state attorneys general rarely seek to prosecute litigation fraud, which is expensive to pursue and politically fraught. As a result, says Sherman Joyce, president of the corporate-funded American Tort Reform Association, “too many plaintiffs’ lawyers believe there’s not much risk in filing fraudulent suits.”

STORY: The Case Against Class Actions, Kind Of

previous1 2next

The bottom line: Dole and Chevron have won major court victories after federal judges ruled that plaintiffs’ lawyers engaged in fraud.

Barrett is an assistant managing editor and senior writer at Bloomberg Businessweek. His new book, Law of the Jungle, which tells the story of the Chevron oil pollution case in Ecuador, will be published by Crown in September 2014. His most recent book is GLOCK: The Rise of America’s Gun.

Never Ending Foreclosures

March 19, 2014 by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, US Bank

Foreclosure filings were reported on 124,419 U.S. properties in January 2014, an 8 percent increase from December but still down 18 percent from January 2013. Foreclosure filings were reported on 1,361,795 U.S. properties in 2013, down 26 percent from 2012 and down 53 percent from the peak of 2.9 million properties with foreclosure filings in 2010. But still, 9.3 million U.S. residential properties were deeply underwater representing 19 percent of all properties with a mortgage in December 2013, down from 10.7 million homes underwater in September 2013.[1]

In 2006 there were 1,215,304 foreclosures, 545,000 foreclosure filings and 268,532 Home Repossessions. By 2007 foreclosures had almost doubled – up to 2,203,295 with 1,260,000 foreclosure filings and 489,000 Home Repossessions. 2008 saw an even further increase to 3,019,482 foreclosures, 2,350,000 Foreclosure filings and 679,000 Home Repossessions. In 2009 – 3,457,643 foreclosures, 2,920,000 foreclosure filings, and 945,000 Home Repossessions. 2010: 3,843,548 foreclosures, 3,500,000 foreclosure filings, and 1,125,000 Home Repossessions. 2011: 3,920,418 foreclosures, 3,580,000 foreclosure filings, and 1,147,000 Home Repossessions. Then January to September 2012: 1,616,427 foreclosures 1,382,000 foreclosure filings and 572,844 Repossessions. The remainder of 2012 – September through December saw an additional 2,300,000 foreclosures, 2,100,000 foreclosure filings and 700,000 Repossessions. In other words, from 2006 through 2012, there were a total of 21,576,117 foreclosures; 17,637,000 foreclosure filings; 5,926,376 Home Repossessions. The foreclosures added to the repossessions is equal to: 27,502,493[2]. The numbers are staggering.

Many of the homes have been wrongfully foreclosed upon, where either the party had not been in default, or the foreclosing party lacked standing to foreclose. It has become almost as lawless as the wildwest, or comparable to a shark feeding frenzy.

[1] All of the foreclosure figures came from RealtyTrac: http://www.realtytrac.com/content/foreclosure-market-report

[2] http://www.statisticbrain.com/home-foreclosure-statistics/Statistic Verification Source: RealtyTrac, Federal Reserve, Equifax

C IS FOR CANCER FUKUSHIMA

February 25, 2014February 25, 2014 by nootkabear, posted in Censorship, Disasters, Feds, Fukushima, globalists, Injustice, Japan, law, Legal, manifest injustice, nuked, radiation poisoning, the web, U

http://www.globalresearch.ca/fukushima-a-nuclear-war-without-a-war-the-unspoken-crisis-of-worldwide-nuclear-radiation/28870

Fukushima: A Nuclear War without a War: The Unspoken Crisis of Worldwide Nuclear Radiation

ONLINE READER

By Prof Michel Chossudovsky

Global Research, January 27, 2014

Global Research 25 January 2012

Region: Asia

Theme: Environment, I-BOOKS SERIES, Science and Medicine

Note to Readers: Remember to bookmark this page for future reference.

Please Forward the GR I-Book far and wide. Post it on Facebook.

[scroll down for I-BOOK Table of Contents]

Originally published in January 2012

* * *

GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES

Fukushima: A Nuclear War without a War

The Unspoken Crisis of Worldwide Nuclear Radiation

Michel Chossudovsky (Editor)

I-Book No. 3, January 25 2012

Global Research’s Online Interactive I-Book Reader brings together, in the form of chapters, a collection of Global Research feature articles and videos, including debate and analysis, on a broad theme or subject matter.

In this Interactive Online I-Book we bring to the attention of our readers an important collection of articles, reports and video material on the Fukushima nuclear catastrophe and its impacts (scroll down for the Table of Contents).

To consult our Online Interactive I-Book Reader Series, click here.

INTRODUCTION

The World is at a critical crossroads. The Fukushima disaster in Japan has brought to the forefront the dangers of Worldwide nuclear radiation.

The crisis in Japan has been described as “a nuclear war without a war”. In the words of renowned novelist Haruki Murakami:

“This time no one dropped a bomb on us … We set the stage, we committed the crime with our own hands, we are destroying our own lands, and we are destroying our own lives.”

Nuclear radiation –which threatens life on planet earth– is not front page news in comparison to the most insignificant issues of public concern, including the local level crime scene or the tabloid gossip reports on Hollywood celebrities.

While the long-term repercussions of the Fukushima Daiichi nuclear disaster are yet to be fully assessed, they are far more serious than those pertaining to the 1986 Chernobyl disaster in the Ukraine, which resulted in almost one million deaths (New Book Concludes – Chernobyl death toll: 985,000, mostly from cancer Global Research, September 10, 2010, See also Matthew Penney and Mark Selden The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima, Global Research, May 25, 2011)

Moreover, while all eyes were riveted on the Fukushima Daiichi plant, news coverage both in Japan and internationally failed to fully acknowledge the impacts of a second catastrophe at TEPCO’s (Tokyo Electric Power Co Inc) Fukushima Daini nuclear power plant.

The shaky political consensus both in Japan, the U.S. and Western Europe is that the crisis at Fukushima has been contained.

The realties, however, are otherwise. Fukushima 3 was leaking unconfirmed amounts of plutonium. According to Dr. Helen Caldicott, “one millionth of a gram of plutonium, if inhaled can cause cancer”.

An opinion poll in May 2011 confirmed that more than 80 per cent of the Japanese population do not believe the government’s information regarding the nuclear crisis. (quoted in Sherwood Ross,Fukushima: Japan’s Second Nuclear Disaster, Global Research, November 10, 2011)

The Impacts in Japan

The Japanese government has been obliged to acknowledge that “the severity rating of its nuclear crisis … matches that of the 1986 Chernobyl disaster”. In a bitter irony, however, this tacit admission by the Japanese authorities has proven to been part of the cover-up of a significantly larger catastrophe, resulting in a process of global nuclear radiation and contamination:

“While Chernobyl was an enormous unprecedented disaster, it only occurred at one reactor and rapidly melted down. Once cooled, it was able to be covered with a concrete sarcophagus that was constructed with 100,000 workers. There are a staggering 4400 tons of nuclear fuel rods at Fukushima, which greatly dwarfs the total size of radiation sources at Chernobyl.” ( Extremely High Radiation Levels in Japan: University Researchers Challenge Official Data, Global Research, April 11, 2011)

Fukushima in the wake of the Tsunami, March 2011

Worldwide Contamination

The dumping of highly radioactive water into the Pacific Ocean constitutes a potential trigger to a process of global radioactive contamination. Radioactive elements have not only been detected in the food chain in Japan, radioactive rain water has been recorded in California:

“Hazardous radioactive elements being released in the sea and air around Fukushima accumulate at each step of various food chains (for example, into algae, crustaceans, small fish, bigger fish, then humans; or soil, grass, cow’s meat and milk, then humans). Entering the body, these elements – called internal emitters – migrate to specific organs such as the thyroid, liver, bone, and brain, continuously irradiating small volumes of cells with high doses of alpha, beta and/or gamma radiation, and over many years often induce cancer”. (Helen Caldicott, Fukushima: Nuclear Apologists Play Shoot the Messenger on Radiation, The Age, April 26, 2011)

While the spread of radiation to the West Coast of North America was casually acknowledged, the early press reports (AP and Reuters) “quoting diplomatic sources” stated that only “tiny amounts of radioactive particles have arrived in California but do not pose a threat to human health.”

“According to the news agencies, the unnamed sources have access to data from a network of measuring stations run by the United Nations’ Comprehensive Test Ban Treaty Organization. …

… Greg Jaczko, chair of the U.S. Nuclear Regulatory Commission, told White House reporters on Thursday (March 17) that his experts “don’t see any concern from radiation levels that could be harmful here in the United States or any of the U.S. territories”.

The spread of radiation. March 2011

Public Health Disaster. Economic Impacts

What prevails is a well organized camouflage. The public health disaster in Japan, the contamination of water, agricultural land and the food chain, not to mention the broader economic and social implications, have neither been fully acknowledged nor addressed in a comprehensive and meaningful fashion by the Japanese authorities.

Japan as a nation state has been destroyed. Its landmass and territorial waters are contaminated. Part of the country is uninhabitable. High levels of radiation have been recorded in the Tokyo metropolitan area, which has a population of 39 million (2010) (more than the population of Canada, circa 34 million (2010)) There are indications that the food chain is contaminated throughout Japan:

Radioactive cesium exceeding the legal limit was detected in tea made in a factory in Shizuoka City, more than 300 kilometers away from the Fukushima Daiichi nuclear power plant. Shizuoka Prefecture is one of the most famous tea producing areas in Japan.

A tea distributor in Tokyo reported to the prefecture that it detected high levels of radioactivity in the tea shipped from the city. The prefecture ordered the factory to refrain from shipping out the product. After the accident at the Fukushima nuclear power plant, radioactive contamination of tea leaves and processed tea has been found over a wide area around Tokyo. (See 5 More Companies Detect Radiation In Their Tea Above Legal Limits Over 300 KM From Fukushima, June 15, 2011)

Japan’s industrial and manufacturing base is prostrate. Japan is no longer a leading industrial power. The country’s exports have plummeted. The Tokyo government has announced its first trade deficit since 1980.

While the business media has narrowly centered on the impacts of power outages and energy shortages on the pace of productive activity, the broader issue pertaining to the outright radioactive contamination of the country’s infrastructure and industrial base is a “scientific taboo” (i.e the radiation of industrial plants, machinery and equipment, buildings, roads, etc). A report released in January 2012 points to the nuclear contamination of building materials used in the construction industry, in cluding roads and residential buildings throughout Japan.(See FUKUSHIMA: Radioactive Houses and Roads in Japan. Radioactive Building Materials Sold to over 200 Construction Companies, January 2012)

A “coverup report” by the Ministry of Economy, Trade and Industry (May 2011), entitled “Economic Impact of the Great East Japan Earthquake and Current Status of Recovery“ presents “Economic Recovery” as a fait accompli. It also brushes aside the issue of radiation. The impacts of nuclear radiation on the work force and the country’s industrial base are not mentioned. The report states that the distance between Tokyo -Fukushima Dai-ichi is of the order of 230 km (about 144 miles) and that the levels of radiation in Tokyo are lower than in Hong Kong and New York City.(Ministry of Economy, Trade and Industry, Impact of the Great East Japan Earthquake and Current Status of Recovery, p.15). This statement is made without corroborating evidence and in overt contradiction with independent radiation readings in Tokyo (se map below). In recent developments, Sohgo Security Services Co. is launching a lucrative “radiation measurement service targeting households in Tokyo and four surrounding prefectures”.

“A map of citizens’ measured radiation levels shows radioactivity is distributed in a complex pattern reflecting the mountainous terrain and the shifting winds across a broad area of Japan north of Tokyo which is in the center of the of bottom of the map.”

SOURCE: Science Magazine

“Radiation limits begin to be exceeded at just above 0.1 microsieverts/ hour blue. Red is about fifty times the civilian radiation limit at 5.0 microsieverts/hour. Because children are much more sensitive than adults, these results are a great concern for parents of young children in potentially affected areas.”

The fundamental question is whether the vast array of industrial goods and components “Made in Japan” — including hi tech components, machinery, electronics, motor vehicles, etc — and exported Worldwide are contaminated? Were this to be the case, the entire East and Southeast Asian industrial base –which depends heavily on Japanese components and industrial technology– would be affected. The potential impacts on international trade would be farreaching. In this regard, in January, Russian officials confiscated irradiated Japanese automobiles and autoparts in the port of Vladivostok for sale in the Russian Federation. Needless to say, incidents of this nature in a global competitive environment, could lead to the demise of the Japanese automobile industry which is already in crisis.

While most of the automotive industry is in central Japan, Nissan’s engine factory in Iwaki city is 42 km from the Fukushima Daiichi plant. Is the Nissan work force affected? Is the engine plant contaminated? The plant is within about 10 to 20 km of the government’s “evacuation zone” from which some 200,000 people were evacuated (see map below).

Nuclear Energy and Nuclear War

The crisis in Japan has also brought into the open the unspoken relationship between nuclear energy and nuclear war.

Nuclear energy is not a civilian economic activity. It is an appendage of the nuclear weapons industry which is controlled by the so-called defense contractors. The powerful corporate interests behind nuclear energy and nuclear weapons overlap.

In Japan at the height of the disaster, “the nuclear industry and government agencies [were] scrambling to prevent the discovery of atomic-bomb research facilities hidden inside Japan’s civilian nuclear power plants”.1 (See Yoichi Shimatsu, Secret Weapons Program Inside Fukushima Nuclear Plant? Global Research, April 12, 2011)

It should be noted that the complacency of both the media and the governments to the hazards of nuclear radiation pertains to the nuclear energy industry as well as to to use of nuclear weapons. In both cases, the devastating health impacts of nuclear radiation are casually denied. Tactical nuclear weapons with an explosive capacity of up to six times a Hiroshima bomb are labelled by the Pentagon as “safe for the surrounding civilian population”.

No concern has been expressed at the political level as to the likely consequences of a US-NATO-Israel attack on Iran, using “safe for civilians” tactical nuclear weapons against a non-nuclear state.

Such an action would result in “the unthinkable”: a nuclear holocaust over a large part of the Middle East and Central Asia. A nuclear nightmare, however, would occur even if nuclear weapons were not used. The bombing of Iran’s nuclear facilities using conventional weapons would contribute to unleashing another Fukushima type disaster with extensive radioactive fallout. (For further details See Michel Chossudovsky, Towards a World War III Scenario, The Dangers of Nuclear War, Global Research, Montreal, 2011)

The Online Interactive I-Book Reader on Fukushima: A Nuclear War without a War

In view of the official cover-up and media disinformation campaign, the contents of the articles and video reports in this Online Interactive Reader have not trickled down to to the broader public. (See Table of contents below)

This Online Interactive Reader on Fukushima contains a combination of analytical and scientific articles, video reports as well as shorter news reports and corroborating data.

Part I focusses on The Fukushima Nuclear Disaster: How it Happened? Part II pertains to The Devastating Health and Social Impacts in Japan. Part III centers on the “Hidden Nuclear Catastrophe”, namely the cover-up by the Japanese government and the corporate media. Part IVfocusses on the issue of Worlwide Nuclear Radiation and Part V reviews the Implications of the Fukushima disaster for the Global Nuclear Energy Industry.

In the face of ceaseless media disinformation, this Global Research Online I-Book on the dangers of global nuclear radiation is intended to break the media vacuum and raise public awareness, while also pointing to the complicity of the governments, the media and the nuclear industry.

We call upon our readers to spread the word.

We invite university, college and high school teachers to make this Interactive Reader on Fukushima available to their students.

Michel Chossudovsky, January 25, 2012

_______________________________________________________________________________________________________

PART I

The Fukushima Nuclear Disaster: How it Happened

The Fukushima Nuclear Disaster: What Happened on “Day One”?
– by Yoichi Shimatsu – 2011-04-16
Fukushima is the greatest nuclear and environmental disaster in human history
– by Steven C. Jones – 2011-06-20

Nuclear Apocalypse in Japan
Lifting the Veil of Nuclear Catastrophe and cover-up
– by Keith Harmon Snow – 2011-03-18

Humanity now faces a deadly serious challenge coming out of Japan — the epicenter of radiation.

VIDEO: Full Meltdown? Japan Maximum Nuclear Alert
Watch now on GRTV
-by Christopher Busby- 2011-03-30

Fukushima: Japan’s Second Nuclear Disaster

– by Sherwood Ross – 2011-11-10

Secret Weapons Program Inside Fukushima Nuclear Plant?
U.S.-Japan security treaty fatally delayed nuclear workers’ fight against meltdown
– by Yoichi Shimatsu – 2011-04-12

The specter of self-destruction can be ended only with the abrogation of the U.S.-Japan security treaty, the root cause of the secrecy that fatally delayed the nuclear workers’ fight against meltdown.

Fukushima: “China Syndrome Is Inevitable” … “Huge Steam Explosions”
“Massive Hydrovolcanic Explosion” or a “Nuclear Bomb-Type Explosion” May Occur
– by Washington’s Blog – 2011-11-22

Accident at Second Japanese Nuclear Complex: The Nuclear Accident You Never Heard About

– by Washington’s Blog – 2012-01-12

VIDEO: New TEPCO Photographs Substantiate Significant Damage to Fukushima Unit 3
Latest report now on GRTV
– by Arnie Gundersen – 2011-10-20

PART II

The Devastating Health and Social Impacts in Japan

VIDEO: Surviving Japan: A Critical Look at the Nuclear Crisis
Learn more about this important new documentary on GRTV
– by Chris Noland – 2012-01-23

Fukushima and the Battle for Truth
Large sectors of the Japanese population are accumulating significant levels of internal contamination
– by Paul Zimmerman – 2011-09-27

FUKUSHIMA: Public health Fallout from Japanese Quake
“Culture of cover-up” and inadequate cleanup. Japanese people exposed to “unconscionable” health risks
– by Canadian Medical Association Journal – 2011-12-30

FUKUSHIMA: Radioactive Houses and Roads in Japan. Radioactive Building Materials Sold to over 200 Construction Companies

– 2012-01-16

VIDEO: Cancer Risk To Young Children Near Fukushima Daiichi Underestimated
Watch this important new report on GRTV
– by Arnie Gundersen – 2012-01-19

VIDEO: The Results Are In: Japan Received Enormous Exposures of Radiation from Fukushima
Important new video now on GRTV
– by Arnie Gundersen, Marco Kaltofen – 2011-11-07

The Tears of Sanriku (三陸の涙). The Death Toll for the Great East Japan Earthquake Nuclear Disaster

– by Jim Bartel – 2011-10-31

The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima

– by Prof. Matthew Penney, Prof. Mark Selden – 2011-05-24

Uncertainty about the long-term health effects of radiation

Radioactivity in Food: “There is no safe level of radionuclide exposure, whether from food, water or other sources. Period,” – by Physicians For Social Responsibility – 2011-03-23

71,000 people in the city next to the Fukushima nuclear plant “We’ve Been Left to Die” – 2011-03-19

Tokyo Water Unsafe For Babies, Food Bans Imposed – by Karyn Poupee – 2011-03-23

PART III

Hidden Nuclear Catastrophe: Cover-up by the Japanese Government and the Corporate Media

VIDEO: Japanese Government Insiders Reveal Fukushima Secrets
GRTV Behind the Headlines now online
– by James Corbett – 2011-10-06

Fukushima and the Mass Media Meltdown
The Repercussions of a Pro-Nuclear Corporate Press
– by Keith Harmon Snow – 2011-06-20

Scandal: Japan Forces Top Official To Retract Prime Minister’s Revelation Fukushima Permanently Uninhabitable

– by Alexander Higgins – 2011-04-18

Emergency Special Report: Japan’s Earthquake, Hidden Nuclear Catastrophe
– by Yoichi Shimatsu – 2011-03-13

The tendency to deny systemic errors – “in order to avoid public panic” – is rooted in the determination of an entrenched Japanese bureaucracy to protect itself…

VIDEO: Fukushima: TEPCO Believes Mission Accomplished & Regulators Allow Radioactive Dumping in Tokyo Bay
Learn more on GRTV
– by Arnie Gundersen – 2012-01-11

The Dangers of Radiation: Deconstructing Nuclear Experts
– by Chris Busby – 2011-03-31

“The nuclear industry is waging a war against humanity.” This war has now entered an endgame which will decide the survival of the human race.

Engineers Knew Fukushima Might Be Unsafe, But Covered It Up …
And Now the Extreme Vulnerabilty of NEW U.S. Plants Is Being Covered Up
– by Washington’s Blog – 2011-11-12

COVERUP: Are Fukushima Reactors 5 and 6 In Trouble Also?
– by Washington’s Blog – 2011-11-14

Fukushima’s Owner Adds Insult to Injury – Claims Radioactive Fallout Isn’t Theirs

– by John LaForge – 2012-01-17

PART IV

The Process of Worldwide Nuclear Radiation

VIDEO: Japan’s Nuclear Crisis: The Dangers of Worldwide Radiation

– by Dr. Helen Caldicott – 2012-01-25

An Unexpected Mortality Increase in the US Follows Arrival of Radioactive Plume from Fukushima, Is there a Correlation?
– by Dr. Joseph J. Mangano, Dr. Janette Sherman – 2011-12-20

In the US, Following the Fukushima fallout, samples of radioactivity in precipitation, air, water, and milk, taken by the U.S. government, showed levels hundreds of times above normal…

Radioactive Dust From Japan Hit North America 3 Days After Meltdown
But Governments “Lied” About Meltdowns and Radiation
– by Washington’s Blog – 2011-06-24

VIDEO: Fukushima Will Be Radiating Everyone for Centuries
New report now on GRTV
– by Michio Kaku, Liz Hayes – 2011-08-23

Fukushima: Diseased Seals in Alaska tested for Radiation

– 2011-12-29

Radiation Spreads to France

– by Washington’s Blog – 2011-11-15

Radioactive rain causes 130 schools in Korea to close — Yet rain in California had 10 TIMES more radioactivity

PART V

Implications for the Global Nuclear Energy Industry

Science with a Skew: The Nuclear Power Industry After Chernobyl and Fukushima
– by Gayle Greene – 2012-01-26

After Fukushima: Enough Is Enough

– by Helen Caldicott – 2011-12-05

VIDEO: Radiation Coverups Confirmed: Los Alamos, Fort Calhoun, Fukushima, TSA
New Sunday Report now on GRTV
– by James Corbett – 2011-07-04

VIDEO: Why Fukushima Can Happen Here: What the NRC and Nuclear Industry Don’t Want You to Know
Watch now on GRTV
– by Arnie Gundersen, David Lochbaum – 2011-07-12

VIDEO: Safety Problems in all Reactors Designed Like Fukushima
Learn more on GRTV
– by Arnie Gundersen – 2011-09-26

VIDEO: Proper Regulation of Nuclear Power has been Coopted Worldwide
Explore the issues on GRTV
– by Arnie Gundersen – 2011-10-05

VIDEO: New Nuclear Reactors Do Not Consider Fukushima Design Flaws
Find out more on GRTV
– by Arnie Gundersen – 2011-11-24

Nuclear Energy: Profit Driven Industry
“Nuclear Can Be Safe Or It Can Be Cheap … But It Can’t Be Both”
– by Washington’s Blog – 2011-12-23

VIDEO: Fukushima and the Fall of the Nuclear Priesthood
Watch the new GRTV Feature Interview
– by Arnie Gundersen – 2011-10-22

Why is there a Media Blackout on Nuclear Incident at Fort Calhoun in Nebraska?

– by Patrick Henningsen – 2011-06-23

Startling Revelations about Three Mile Island Disaster Raise Doubts Over Nuke Safety

– by Sue Sturgis – 2011-07-24

Radioactive Leak at Fort Calhoun Nuclear Power Station

– by Rady Ananda – 2011-07-01

VIDEO: US vs Japan: The Threat of Radiation Speculation
Dangerous double standards examined on GRTV
– by Arnie Gundersen – 2011-06-25

Additional articles and videos on Fukushima and Nuclear Radiation are available at Global Research’s Dossier on The Environment

TEXT BOX

Nuclear Radiation: Categorization

At Fukushima, reports confirm that alpha, beta, gamma particles and neutrons have been released:

“While non-ionizing radiation and x-rays are a result of electron transitions in atoms or molecules, there are three forms of ionizing radiation that are a result of activity within the nucleus of an atom. These forms of nuclear radiation are alpha particles (α-particles), beta particles (β-particles) and gamma rays (γ-rays).

Alpha particles are heavy positively charged particles made up of two protons and two neutrons. They are essentially a helium nucleus and are thus represented in a nuclear equation by either α or . See the Alpha Decay page for more information on alpha particles.

Beta particles come in two forms: and . particles are just electrons that have been ejected from the nucleus. This is a result of sub-nuclear reactions that result in a neutron decaying to a proton. The electron is needed to conserve charge and comes from the nucleus. It is not an orbital electron. particles are positrons ejected from the nucleus when a proton decays to a neutron. A positron is an anti-particle that is similar in nearly all respects to an electron, but has a positive charge. See the Beta Decay page for more information on beta particles.

Gamma rays are photons of high energy electromagnetic radiation (light). Gamma rays generally have the highest frequency and shortest wavelengths in the electromagnetic spectrum. There is some overlap in the frequencies of gamma rays and x-rays; however, x-rays are formed from electron transitions while gamma rays are formed from nuclear transitions. See the Gamma Rays for more” (SOURCE:Canadian Nuclear Association)

“A neutron is a particle that is found in the nucleus, or center, of atoms. It has a mass very close to protons, which also reside in the nucleus of atoms. Together, they make up almost all of the mass of individual atoms. Each has a mass of about 1 amu, which is roughly 1.6×10-27kg. Protons have a positive charge and neutrons have no charge, which is why they were more difficult to discover.” (SOURCE: Neutron Radiation)

“Many different radioactive isotopes are used in or are produced by nuclear reactors. The most important of these are described below:

1. Uranium 235 (U-235) is the active component of most nuclear reactor fuel.

2. Plutonium (Pu-239) is a key nuclear material used in modern nuclear weapons and is also present as a by-product in certain reprocessed fuels used in some nuclear reactors. Pu-239 is also produced in uranium reactors as a byproduct of fission of U-235.

3. Cesium (Cs-137 ) is a fission product of U-235. It emits beta and gamma radiation and can cause radiation sickness and death if exposures are high enough. …

4. Iodine 131 (I-131), also a fission product of U-235, emits beta and gamma radiation. After inhalation or ingestion, it is absorbed by and concentrated in the thyroid gland, where its beta radiation damages nearby thyroid tissue (SOURCE: Amesh A. Adalja, MD, Eric S. Toner, MD, Anita Cicero, JD, Joseph Fitzgerald, MS, MPH, and Thomas V. Inglesby MD, Radiation at Fukushima: Basic Issues and Concepts, March 31, 2011)

Michel Chossudovsky is an award-winning author, Professor of Economics (Emeritus) at the University of Ottawa. He is the Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He has taught as Visiting Professor at universities in Western Europe, South East Asia, Latin America and The Pacific, acted as adviser to governments of developing countries and as a consultant to several international organizations. Prof. Chossudovsky is a signatory of the Kuala Lumpur declaration to criminalize war and recipient of the Human Rights Prize of the Society for the Protection of Civil Rights and Human Dignity (GBM), Berlin, Germany. He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages.

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Articles by:Prof Michel Chossudovsky

About the author:

Michel Chossudovsky is an award-winning author, Professor of Economics (emeritus) at the University of Ottawa, Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages. He can be reached at crgeditor@yahoo.com ——————————————————————————————————————Michel Chossudovsky est directeur du Centre de recherche sur la mondialisation et professeur émérite de sciences économiques à l’Université d’Ottawa. Il est l’auteur de “Guerre et mondialisation, La vérité derrière le 11 septembre”, “La Mondialisation de la pauvreté et nouvel ordre mondial” (best-seller international publié en plus de 10 langues). Contact : crgeditor@yahoo.com

New Legal Issues – Jeff Barnes Esq., Foreclosure Defense Nationwide

December 22, 2013 by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, US Bank

NEW LEGAL ISSUES COMING UP IN TRIAL AND APPELLATE COURTS

DECEMBER 16, 2013

December 16, 2013

With the release of the US Bank admissions per our post of November 6, 2013; the issuance of the opinions from the Supreme Courts of Oregon and Montana holding that MERS is not the “beneficiary”; and recent opinions from various jurisdictions which are now, finally, holding that securitization-related issues are relevant in a foreclosure, a host of new legal issues are about to be litigated in the trial and appellate courts throughout the country. It has taken six (6) years and coast-to-coast work to get courts to realize that securitization of a mortgage loan raises issues as to standing, real party in interest, and the alleged authority to foreclose, and that the simplistic mantra of the “banks” and servicers of “we have the note, thus we win” is no longer to be blindly accepted.

One issue which we and others are litigating relates to mortgage loans originated by Option One, which changed its name to Sand Canyon Corporation and thereafter ceased all mortgage loan operations. Pursuant to the sworn testimony of the former President of Sand Canyon, it stopped owning mortgage loans as of 2008. However, even after this cessation of any involvement with servicing or ownership of mortgage loans, we see “Assignments” from Option One or Sand Canyon to a securitization trustee bank or other third party long after 2008.

The United States District Court for the District of New Hampshire concluded, with the admission of the President of Sand Canyon, that the homeowner’s challenge to the foreclosure based on a 2011 alleged transfer from Sand Canyon to Wells Fargo was not an “attack on the assignment” which certain jurisdictions have precluded on the alleged basis that the borrower is not a party to the assignment, but is a situation where no assignment occurred because it could not have as a matter of admitted fact, as Sand Canyon could not assign something it did not have. The case is Drouin v. American Home Mortgage Servicing, Inc. and Wells Fargo, etc., No. 11-cv-596-JL.

The Option One/Sand Canyon situation is not unique: there are many originating “lenders” which allegedly “assigned” mortgages or Deeds of Trust long after they went out of business or filed for Bankruptcy, with no evidence of post-closing assignment authority or that the Bankruptcy court having jurisdiction over a bankrupt lender ever granted permission for the alleged transfer of the loan (which is an asset of the Bankruptcy estate) out of the estate. Such a transfer without proof of authority to do so implicates bankruptcy fraud (which is a serious crime punishable under United States criminal statutes), and fraud on the court in a foreclosure case where such an alleged assignment is relied upon by the foreclosing party.

As we stated in our post of November 6, the admission of US Bank that a borrower is a party to any MBS transaction and that the loan is governed by the trust documents means that the borrower is, in fact, a party to any assignment of that borrower’s loan, and should thus be permitted to seek discovery as to any alleged assignment and all issues related to the securitization of the loan. We have put this issue out in many of our cases, and will be arguing this position at both the trial and appellate levels beginning early 2014.

Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com

Thoughts on Foreclosures

November 28, 2013 by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, foreclosure, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

James and I were working outside, and he called me over and we began talking about that which occupies most of out time…

Foreclosures.

Many people don’t realize it, but there are many unseen reasons that people are foreclosed on. After putting people into toxic loans, and putting those toxic loans into pools with numerous other toxic loans, there was just a matter of time before the loans would go default, we all know that, the payments would become unmanageable.

But many people, those who came to a better standing than they had been before, and being more prosperous, and even those who were not, would have gone on to refinance those loans. That could not be allowed to happen, because the loans would be paid off and the loans dissolved. How do you stop someone from refinancing their loan? Foreclose before they can.

They could not have anyone pulling the loans out of the Trusts that the loans had allegedly gone into, there was no money in the Trusts anyway. The Banksters have a way of turning everything into a matter of profit.

Foreclosure Defense Nationwide – Jeff Barnes, Esq

November 15, 2013 by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, U, US Bank

NOVEMBER 15, 2013 BY NOOTKABEAR

Jeff Barnes, Esq. On the Ball!

http://foreclosuredefensenationwide.com/?p=533

US BANK ADMITS, IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE BORROWER IS A PARTY TO AN MBS TRANSACTION; THAT SECURITIZATION TRUSTEES ARE NOT INVOLVED IN THE FORECLOSURE PROCESS; HAVE NO ADVANCE KNOWLEDGE OF WHEN A LOAN HAS DEFAULTED; THAT THE “TRUE BENEFICIAL OWNERS” OF A SECURITIZED MORTGAGE ARE THE INVESTORS IN THE MBS; AND THAT THE GOAL OF A SERVICER IS TO “MAXIMIZE THE RETURN TO INVESTORS” November 6, 2013

We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process. The brochure accompanied a letter from US Bank to one of our clients which states: “Your account is governed by your loan documents and the Trust’s governing documents”, which admission clearly demonstrates that the borrower’s loan is directly related to documents governing whatever securitized mortgage loan trust the loan has allegedly been transferred to. This brochure proves that Courts which have held to the contrary are wrong on the facts.

The first heading of the brochure is styled “Distinct Party Roles”. The first sentence of this heading states: “Parties involved in a MBS transaction include the borrower, the originator, the servicer and the trustee, each with their own distinct roles, responsibilities and limitations.” MBS is defined at the beginning of the brochure as the sale of “Mortgage Backed Securities in the capital markets”. The fourth page of the brochure also identifies the “Parties to a Mortgage Backed Securities Transaction”, with the first being the “Borrower”, followed by the Investment Bank/Sponsor, the Investor, the Originator, the Servicer, the Trust (referred to “generally as a special purpose entity, such as a Real Estate Mortgage Investment Conduit (REMIC)”), and the Trustee (stating that “the trustee does not have an economic or beneficial interest in the loans”).

The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”?

The second page also states: “All trustees for MBS transactions, including U.S. Bank, have no advance knowledge of when a mortgage loan has defaulted.” Really? So when, for example, MERS assigns, in 2011, a loan to a 2004 Trust where the loan has been in default since 2008, no MBS “trustee” bank (and note that it says “All” trustees) do not know that a loan coming into the trust is in default? The trust just blindly accepts loans which may or may not be in default without any advanced due diligence? Right. Sure. Of course. LOL.

However, that may be true, because the trustee banks do not want to know, for then they can take advantage of the numerous insurances, credit default swaps, reserve pools, etc. set up to pay the trust when loans are in default, as discussed below.

The same page states that “Any action taken by the servicer must maximize the return on the investment made by the ‘beneficial owners of the trust’ — the investors.” The fourth page of the brochure states that the investors are “the true beneficial owners of the mortgages”, and the third page of the brochure states “Whether the servicer pursues a foreclosure or considers a modification of the loan, the goal is still to maximize the return to investors” (who, again, are the true beneficial owners of the mortgage loans).

This is a critical admission in terms of what happens when a loan is securitized. The borrower initiated a mortgage loan with a regulated mortgage banking institution, which is subject to mortgage banking rules, regulations, and conditions, with the obligation evidenced by the loan documents being one of simple loaning of money and repayment, period. Once a loan is sold off into a securitization, the homeowner is no longer dealing with a regulated mortgage banking institution, but with an unregulated private equity investor which is under no obligation to act in the best interest to maintain the loan relationship, but to “maximize the return”. This, as we know, almost always involves foreclosure and denial of a loan mod, as a foreclosure (a) results in the acquisition of a tangible asset (the property); and (b) permits the trust to take advantage of reserve pools, credit default swaps, first loss reserves, and other insurances to reap even more monies in connection with the claimed “default” (with no right of setoff as to the value of the property against any such insurance claims), and in a situation where the same risk was permitted to be underwritten many times over, as there was no corresponding legislation or regulation which precluded a MBS insurer (such as AIG, MGIC, etc.) from writing a policy on the same risk more than once.

As those of you know who have had Bloomberg reports done on securitized loans, the screens show loans which have been placed into many tranches (we saw one where the same loan was collateralized in 41 separate tranches, each of which corresponded to a different class of MBS), and with each class of MBS having its own insurance, the “trust” could make 41 separate insurance claims AND foreclose on the house as well! Talk about “maximizing return for the investor”! What has happened is that the securitization parties have unilaterally changed the entire nature of the mortgage loan contract without any prior notice to or approval from the borrower.

There is no language in any Note or Mortgage document (DOT, Security Deed, or Mortgage) by which the borrower is put on notice that the entire nature of the mortgage loan contract and the other contracting party may be unilaterally changed from a loan with a regulated mortgage lender to an “investment” contract with a private equity investor. This, in our business, is called “fraud by omission” for purposes of inducing someone to sign a contract, with material nondisclosure of matters which the borrower had to have to make the proper decision as to whether to sign the contract or not.

U.S. Bank has now confirmed, in writing from its own corporate offices in St. Paul, Minnesota, so much of what we have been arguing for years. This brochure should be filed in every securitization case for discovery purposes and opposing summary judgments or motions to dismiss where the securitized trustee “bank” takes the position that “the borrower is not part of the securitization and thus has no standing to question it.” U. S. Bank has confirmed that the borrower is in fact a party to an MBS transaction, period, and that the mortgage loan is in fact governed, in part, by “the Trust’s governing documents”, which are thus absolutely relevant for discovery purposes.

Jeff Barnes, Esq.,

http://www.ForeclosureDefenseNationwide.com

From Living Lies – On Stopa’s Courage, and Appellate Court’s Bias

October 5, 2013 by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Injustice, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias

Posted on October 4, 2013 by Neil Garfield

http://livinglies.wordpress.com/2013/10/04/attorney-mark-stopa-shows-guts-confronting-appellate-court-bias/

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS.

The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases.

Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.

The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely.

In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury.

It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case.

It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown.

Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders.

It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law.

This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it.

Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX

Why Does No One Do Anything?

September 30, 2013 by nootkabear, posted in Attorneys, big brother, Censorship, Court Cases, Courts, Disasters, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web

Protesters Turned Into Those Whom They Were Protesting SUX!

BY NOOTKABEAR ON SEPTEMBER 30, 2013

You know, I have been thinking a lot lately about why it is that the Protesters from the 60′s and early 70′s are really pissing me off nowadays. They act like a bunch of sheep or cattle. The whole country is running amock and nobody says a damned thing about it. IT SUX!

I have come to the realization that the Protesters from the 60′-70′s turned into the very thing they were protesting, except even more so. It SUX!

You would have thought that those protesters would have gone on to make a difference, and that there would not be all of this corruption that we deal with on a daily basis. The flower children, peace – love and rock & roll. What the hell happened? Those people forgot everything about why they were protesting in the first place. They forgot “let’s love one another”, forgot about “live and let live”. Hell they are worse than the people they were protesting, because they are hypocrites.

Now, they go sludging along, fuck it if everyone is being foreclosed upon, even if they paid for the property in full. Fuck it if we have WWIII because our president is a fuck up. Fuck it if Russia nukes us. Fuck it if the Japanese have ended life on earth with their meltdown problem. Fuck it if Russia’s Putin now speaks when the United States should have been speaking. Fuck it if the Christians are being slaughtered. Fuck it if there are no jobs. Fuck it if Obamacare causes all of us to be denied healthcare we are entitled to.

Fuck it, Fuck it, fuck it. THIS SUX! This is not who we are. This is not what are forefathers would have accepted. This is not how we got to where we were.

So this week, the Protesters, turned cattle, sheep and couch potatoes are what SUX!!!

Pro Se Litigants Petition

February 26, 2012 by nootkabear, posted in Attorneys, Court Cases, Courts, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web

PLEDGE OF SOLIDARITY FOR THE RIGHTS OF SELF-REPRESENTED LITIGANTS! Petition | GoPetition

Failure to show ownership

September 24, 2011 by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Judges, Judicial Rulings, law, Legal

http://sn133w.snt133.mail.live.com/default.aspx#fid=265f0c107cc149b19b373483f323013d&n=1553048258&mid=2a5a8184-e5e5-11e0-91bc-002264c17c74&fv=1

HSBC Bank USA, N.A. v. Gabay

Court: Maine Supreme Court

Opinion Date: September 15, 2011

Judge: Alexander

Areas of Law: Commercial Law, Consumer Law, Real Estate & Property Law

Janelle Gabay defaulted on a promissory note secured by a mortgage of her real property. HSBC Bank USA, the holder of the mortgage, filed a complaint for foreclosure and sale against Gabay. The district court granted HSBC’s motion for summary judgment. The Supreme Court vacated the judgment of the district court, holding that entry of judgment as a matter of law was precluded where (1) HSBC’s statement of material facts failed to properly present proof of ownership of the mortgage note; (2) HSBC’s statement of material facts did not contain an adequate description of the mortgaged premises including a street address; (3) a genuine issue of material fact existed as to the order of priority and amounts due to other parties-in-interest; and (4) the amount of costs due as part of the amount due on the mortgage was not included in the summary judgment record as required. Remanded.

Money

BuzzNet Tags: foreclosure

Utah Supreme Court

September 24, 2011 by nootkabear, posted in Attorneys, Court Cases, Courts, Judges, Judicial Rulings, law, Legal

Pyper v. Bond

http://law.justia.com/cases/utah/supreme-court/2011/20091025-11.html

Docket: 20091025
Opinion Date: July 29, 2011

Judge: Durrant

Areas of Law: Commercial Law, Consumer Law, Trusts & Estates

David Pyper hired attorney Justin Bond to represent him in a probate matter. Bond’s law firm subsequently sued Pyper to obtain payment of the attorney fees. The district court entered a judgment in favor of the law firm for $10,577. To satisfy the judgment, Bond filed a lien against a house owned by Pyper that was worth approximately $125,000. Bond was the only bidder at the sheriff’s sale auctioning Pyper’s home and purchased Pyper’s home for $329. Pyper later communicated his desire to redeem his property to Dale Dorius, another attorney at the firm, but was unable to speak to Bond after several attempts. After the redemption period expired, the deed to Pyper’s home was transferred to Bond. Pyper subsequently filed a petition seeking to set aside the sheriff’s sale of his property. The district court set aside the sheriff’s sale. The court of appeals affirmed. The Supreme Court affirmed, holding the court of appeals did not err in (1) concluding that gross inadequacy of price together with slight circumstances of unfairness may justify setting aside a sheriff’s sale and (2) affirming the district court’s conclusion that Bond and Dorius’s conduct created, at least, slight circumstances of unfairness.

http://j.st/cZN

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