THE COLOR OF YOUR SKIN DETERMINES IF ALLEGATIONS OR COMPLAINTS LODGED IN COURT DETERMINES IF A JUDGE WILL HEAR THE MERITS IF POLITICALLY CONNECTED WHITE DEMOCRATS ARE INVOLVED
CHICAGO JUDGES ARE STILL ENFORCING JIM CROW LAWS OUTLAWED BY THE UNITED STATES SUPREME COURT
IN THE
UNITED STATES
COURT OF APPEALS
FOR
THE SEVENTH CIRCUIT
CHICAGO, ILLINOIS 60604
U.S. BANK NATIONAL ASSOCIATION, } Appeal from the United
As TRUSTEE for
securitized Trust } States District Court for
2006-NC3, et al. } the Northern District of
Plaintiffs –Appellees } Illinois, Eastern Division
V
}
No. 19-2040 } No. 1:16-cv-08628
}
Monzella Y. Johnson
}
Defendant-Appellee } Judge Gary Feinerman
June 17, 2019
JURISDICTIONAL MEMORANDUM
TO: Court of
Appeals
FROM: Monzella Y.
Johnson
CC: All
parties referenced in the Certificate of Service
SUBJECT: Why
this appeal should not be dismissed for lack of jurisdiction:
Cook County Judges
have been Indicted and Convicted for Corruption and “Fixing” cases in Greylord
but Federal Democratic Judges are ignoring the crimes due to Defendant being
female African Americans complaining not Anglo-Saxon person, hereto attached, Gr
Ex A Jurisdictional Brief Memorandum (filed June 5, 2019) detailing
how Democrats under Alderman Burke “Fixed” cases where Supreme court Judge Anne
burke coercing a judge as an attorney, Anne Burke
also requested that the judge withdraw from the case saying, “My husband was
the one who put you on the bench.”
1.) A federal court
always has the authority to determine its own jurisdiction. A federal court has
the authority to determine whether it has jurisdiction to hear a particular
case. United States v. Ruiz, 536 U.S. 622, 628 (2002) (citing United States v.
Mine Workers of Am., 330 U.S. 258, 291 (1947)). • In re Dairy Mart Convenience
Stores, Inc., 411 F.3d 367, 374 (2d Cir. 2005) (quoting United States v. United
Mine Workers of Am., 330 U.S. 258, 292 (1947) (“‘[A] court has jurisdiction to
determine its own jurisdiction.’”).
See also Knudsen v. Liberty Mut. Ins. Co., 411 F.3d 805, 808
(7th Cir. 2005) (quoting United States v. Ruiz, 536 U.S. 622, 628 (2002))
(“‘[A] federal court always has jurisdiction to determine its own
jurisdiction.’”). In re Bunyan, 354 F.3d 1149, 1152 (9th Cir. 2004) (citing
United States v. Ruiz, 536 U.S. 622, 628 (2002)) (“A federal court always has
jurisdiction to determine its own jurisdiction.”). 13D Charles Alan Wright,
Arthur R. Miller, Edward H. Cooper, Richard D. Freer, Federal Practice and Procedure
§ 3536, p. 1 (“‘Jurisdiction to determine jurisdiction’ refers to the power of
a court to determine whether it has authority over the parties to and the
subject matter of a suit.”) [here in after 13D Wright & Miller]. 4 B.
Unique Aspects of Jurisdiction in Practice The issue of federal subject matter
jurisdiction “concerns the fundamental constitutional question of the
allocation of judicial power between the federal and state governments.”
2.) Wright &
Miller § 3522, p. 125. Because of these weighty concerns, jurisdiction is a
unique issue in the federal courts. Below, this outline notes five ways that
adjudication of jurisdiction is different than adjudication of substantive
issues. 1. A federal court must generally determine whether it has jurisdiction
at the outset of litigation and must always make this determination before
deciding the merits of a particular case. A court “generally may not rule on
the merits of a case without first determining that it has jurisdiction over
the category of claim in the suit (subject-matter jurisdiction) . . . .”
Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., 549 U.S. 422, 430–31
(2007) (declining to address jurisdiction and holding that district court had
authority to dismiss action on forum non conveniens grounds before considering
the merits) (citing Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83,
93–102 (1998) (rejecting doctrine of “hypothetical jurisdiction” that would
allow a court to rule on issues of law before adjudicating jurisdiction)). •
Toeller v. Wis. Dep’t of Corrections, 461 F.3d 871, 873 (7th Cir. 2006)
(“Before considering the merits of [the] appeal, we must resolve a preliminary
question of appellate jurisdiction.”). Jurisdiction Upheld • Morrison v. Nat’l
Australia Bank Ltd., 547 F.3d 167 (2d Cir. 2008), aff’d 130 S. Ct. 2869 (2010)
(quoting Arar v. Ashcroft, 532 F.3d 157, 168 (2d Cir.2008)) (“‘Determining the
existence of subject matter jurisdiction is a threshold inquiry and a claim is
properly dismissed for lack of subject matter jurisdiction under Rule 12(b) (1)
when the district court lacks the statutory or constitutional power to
adjudicate it.’”). Jurisdiction Lacking Marley v. United States, 567 F.3d 1030,
1034 (9th Cir. 2008) (“As a threshold matter, we must decide whether we have
jurisdiction . . . .”). • 13 Wright & Miller § 3522, p. 147. See also a.
Exception: In some circumstances (lack of personal jurisdiction and forum non
conveniens) a court can dismiss a case on non-merits grounds before deciding
whether jurisdiction exists.
3.) Although courts
must generally decide a jurisdictional issue before deciding the merits of a
case, “a federal court has leeway ‘to choose among threshold grounds for
denying audience to 5 a case on the merits.’” Sinochem Int’l Co. Ltd. v.
Malaysia Int’l Shipping Corp., 549 U.S. 422, 431 (2007) (quoting Ruhgras AG v.
Marathon Oil Co., 526 U.S. 574, 585 (1999)). So, while a court cannot consider
the merits of a case before deciding a jurisdictional issue, a court can decide
a case on non-merits grounds before deciding whether jurisdiction exists. Id.
The Supreme Court has recognized two “threshold grounds” on which a court can
resolve a case without addressing subject matter jurisdiction: (1) personal
jurisdiction and (2) forum non conveniens. Ruhgras AG v. Marathon Oil Co., 526
U.S. 574 (1999) (“Customarily, a federal court first resolves doubts about its
jurisdiction over the subject matter, but there are circumstances in which a
district court appropriately accords priority to a personal jurisdiction
inquiry.”); Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., 549 U.S.
422, 425 (2007) (applying exception to forum non conveniens).
4.) The Ninth Circuit has held that the
personal-jurisdiction exception to the jurisdiction-first rule is limited to
cases where deciding the personal jurisdiction issue would result in the end of
the case. Special Invs., Inc. v. Aero Air, Inc., 360 F.3d 989, 994–95 (9th Cir.
2004). In Special Investments, the court held that it was improper for the
district court to dismiss an action against a defendant when other defendants
remained without first deciding whether it had subject matter jurisdiction. Id.
The D.C. Circuit has provided a test to determine when a court can decide an
issue before adjudicating jurisdiction: a court can decide an issue before
jurisdiction if the issue does not involve “an exercise of a court’s
law-declaring power . . . .” See Kramer v. Gates, 481 F.3d 788 (D.C. Cir.
2007).
5.) A court exercises its law-declaring power when
a ruling has an effect on “primary conduct.” See id. (citing Hanna v. Plumer,
380 U.S. 460, 475 (1965) (Harlan, J., concurring) (classifying rules affecting
“primary decisions respecting human conduct” as substantive for purposes of
Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938)).
A judge’s disrespect for the rules of court demonstrates
disrespect for the law. Judges are disciplined under Canon 2A for violating
court rules and procedures. Judge ignored mandated witness order in attempt to
accommodate witnesses’ schedules; Citing Canon 2A the court noted, “[a] court’s
indifference to clearly stated rules breeds disrespect for and discontent with
our justice system. Government cannot demand respect of the laws by its
citizens when its tribunals ignore those very same laws”)
A-
Fraud upon the court is a basis for equitable relief. Luttrell v.
United States, 644 F. 2d 1274, 1276 (9th Cir. 1980); see Abatti v.
C.I.R. , 859 F 2d 115, 118 (9th Cir. 1988) “it is beyond question
that a court may investigate a question as to whether there was fraud in the
procurement of a judgment” Universal Oil Products Co. v. Root Refining Co., 328
U.S. 575, 66 S. Ct. 1176, 90 L. Ed. 1447. The power of the court to unearth
such a fraud is the power to unearth it effectively. See Hazel-Atlas Glass Co.
v. Hartford-Empire Co., 322 U.S. 238, 64 S. Ct. 997, 88 L. Ed. 1250; Sprague v.
Ticonic National Bank, 1184 and United States v. Throckmorton, 98 U.S. (8 Otto)
61, 25 L. Ed. 93.
B-
“A judge is an officer of the court, as are all members of the Bar. A
judge is a judicial officer, paid by the Government to act impartially and
lawfully”. People v. Zajic, 88 Ill. App 3d 477, 410 N.E. 2d 626. “A void judgment is regarded as a
nullity, and the situation is the same as it would be if there were no
judgment. It has no legal or binding force or efficacy for any purpose or at
any place….It is not entitled to enforcement. 30A Am Judgments 43, 44,
45. Henderson v Henderson 59 S.E. 2d
227-232
C-
“A Void Judgment from
its inception is and forever continues to be absolutely null, without legal
efficacy, ineffectual to bind parties or support a right, of no legal force and
effect whatever, and incapable of confirmation, ratification, or enforcement in
any manner or to any degree. “A void judgment, order or decree may be attacked at
any time or in any court, either directly or collaterally” Oak Park Nat Bank v.
Peoples Gas Light & Coke Col, 46 Ill. App. 2d 385, 197 N.E. 3d 73, 77, (1st
Dist. 1964)
D-
To show fraud upon the court, the complaining party must establish
that the alleged misconduct affected the integrity of the judicial process,
either because the court itself was defrauded or because the misconduct was
perpetrated by officers of the court. Alexander v. Robertson, 882, F. 2d
421,424 (9th Cir. 1989);
E-
A void judgment does not create any binding
obligation. Kalb v. Feuerstein (1940) 308 US 433, 60 S Ct 343, 84 L, Ed 370.
That under 18 U.S.C. 242 and 42
U.S.C. 1985 (3) (b). A judge does not have the discretion on whether or not
to follow Supreme Ct. Rules, but a duty to follow. People v. Gersh, 135 Ill. 2d
384 (1990).
“Grounds
warranting a motion to reconsider include (1) an intervening change in the
controlling law, (2) new evidence previously unavailable, and (3) the need to
correct clear error or prevent manifest injustice.” Id. (citing Brumark Case
1:07-cv-00644-WDM-KLM Document 158 Filed 08/25/2009 USDC Colorado Page 2 of 6 1
Although the Tenth Circuit does not allow citation to unpublished opinions for
precedential value, unpublished opinions may be cited for persuasive value.
10th Cir. R. 32.1. 3 Corp. v. Samson Resources Corp., 57 F.3d 941, 948 (10th
Cir. 1995).
6.) That Democratic Judge Feinerman without rhyme
or reason failed to READ and ascertain the legal merits put
before the court establishing that, Defendant had met her burden within the
preponderance of the evidence proving that Democratic judges in Cook County
were “Trespassing upon the Laws” aiding and abetting in an “Organized
Criminal Conspiracy” trying to steal their home in the guise as an unlawful
foreclosure.
A-
That Democratic
Judge appointed by former President Barack Obama corroborated his role in said “Organized
Criminal Conspiracy” by upholding and closing his eyes to the plethora of
Terrorist Civil Rights violations perpetrated in said motion for MOTION
FOR RECONSIDERATION DUE TO FRAUD & MISREPRESENTATIONS TO THE COURT VACATE ALL JUDGMENTS DUE TO DEMOCRATIC JUDGES
ENTERING ORDERS BEING “VOID” A “NULLITY” CASE BEING “FRAUDULENT” JUDGES
“TRESPASSING UPON THE LAWS” ENGAGING IN TREASON OFFENSES ACTING AS “PRIVATE
CITIZENS” filed
April 30, 2019 but DISMISSED May 1st, 2019.
B-
That without reading the aforementioned Motion HE DENIED
SAID MOTION, “THE MOTION PRESENTS NO MERITORIUS GROUNDS FOR RECONSIDERATION.
MOTION HEARING SCHEDULED FOR 5/21/2019 IS STRICKEN.
C-
That Democratic Judges from the Political Machine have
circumvented every rule of law every legal precedent from the United States
Supreme Court and every area of the United States Constitution by engaging in Hate
Crimes upholding the “Criminal Enterprise” of Alderman Edward Burke “fixing”
cases in Cook County.
7.) That pursuant to Defendant’s Motion for
Reconsideration filed November 4, 2016 judge Yeghiayan became complicit in an “Organized
Conspiracy” by “Trespassing upon the Laws” using his robe and
judicial authority to cover-up the “Treason Offenses” engaged upon by
other Democratic judges and operatives in the Terrorist Criminal Enterprise in
Cook County.
8.) That judge Yeghiayan had his law clerk to
call the Defendant’s on Oct. 24, 2016 at 9:00am telling them to be in court
Nov. 3, 2016 at 9:00am.
9.) That Defendant’s appeared in court
pursuant to the judge’s directive and learned he had dismissed the case Nov. 2,
2016 remanding the matter back to the Criminal Enterprise of Cook County.
TO FURTHER AMPLIFY DEMOCRATIC JUDGE
YEGHIAYAN’S participation in what is now described as a Hate Crime
corroborating his role in an “Organized Criminal Conspiracy” aiding and
assisting the Plaintiff’s in trying to steal their home
10.)
That Defendant’s filed the proper Motion Objecting Plaintiff’ Motion
for Remand due to Fraud & Misrepresentations to the Court, in that Pars 1-6 articulates well pleaded-facts
that corroborates Democratic Operatives engaging in an “Organized Criminal
Conspiracy” trying to steal the Defendant’s home it is now in it’s eleventh
year and every Democratic judge has closed their eyes to judges Trespassing
upon the laws in this matter.
When a judge acts as a trespasser
of the law, when a judge does not follow the law, the judge loses
subject-matter jurisdiction and the judge’s orders are void, of no
legal force or effect.
The U.S. Supreme Court, in Scheuer
v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974) stated that
"when a state officer acts under a state law in a manner violative of the
Federal Constitution, he "comes into conflict with the superior authority
of that Constitution, and he is in that case stripped of his official or
representative character and is subjected in his person to the
consequences of his individual conduct. The State has no power to impart to him
any immunity from responsibility to the supreme authority of the United States."
[Emphasis supplied in original].
11.) Pursuant
to Par 7 of the aforementioned
Motion, hereto attached, Gr Ex A, B, C
and D, Corroborate the veracity that
Democratic judges has taken seize of the courts in a Terrorist manner and is
systematically engaging in “Treason Offenses” enforcing Jim Crow Laws
in the courts;
A- Pursuant to Gr Ex A Defendant’s Original
Petition Notice of Removal from State Jurisdiction, filed April 19, 2019
Judge Robert W. Gettleman, 19 CV 02668,
that every Racist Anglo Saxon judge in the Democratic Party unlawfully “Trespassed
upon the Laws” ignored every Affidavit Motions Defendant properly plead
before the courts and Denied every document that corroborated his innocence,
that no court had jurisdiction on him for 31 years. Said woman was allegedly
impregnated by her biological father framed the Plaintiff to keep her father
from going back to jail and losing his Police Officers position.
B- In furtherance to the above, Page 9 of the document Par 10 A, B Page 8 Line 1 Joseph V.
Roddy asked Plaintiff, Did you also file answer interrogatories’ which were
sworn to under oath by you, on April 1986?” Line 2 Francoise’s reply “Yes I did.”
Lines
4-6 And that indicated, exactly, the time you lived with Mr. Hightower and
had intercourse with defendant, is that correct, Line 7 “Yes, it did”.
C- Pursuant to Gr Ex B Motion to Reinstate case due to
Democratic Judges/Attorneys Trespassing upon the Laws Committing Treason Acting
as Private Citizens Making the District Court Order “Void a Nullity” filed
September 19, 2018, Judge Charles R. Norgle, Sr. case 93 CV 01609, Page 6 Par 5C
“Plaintiff filed a Motion to Disqualify Judge Patrick McGann and appeared
before Judge Michael j. Hogan, or William Maddux (March 10, 1994) who stated, “Plaintiff was a very bright kid in that
everything he has said in his Complaint is in fact true but up here we do
things differently, he was not supposed to be bringing these issues up here on
his own, he needed his union or a sponsor.”
D- Said judges admitted “Treason
and Trespassing upon the Laws” were in fact a normal practice in Cook
County and implied his skin color was the prohibiting factor granting him any
relief, in that Par E validates the
verity of this assertion.
12.)
Pursuant to Gr Ex C Motion to
Supplement Motion that Corroborates Democratic Judges Engaging in an Active “Organized
Conspiracy” “Fraud” “Corruption” In Cook County Courts
w/Affidavits, Page 3 Par 5 states unequivocally, “That it is clear no Hispanic or Black
person described as a Democrat in Cook County have any real authority where it
matters especially as demonstrated in this cause, “Jim Crow” laws are being
enforced by spineless men of color and racist men hiding behind men of color
using them as the Enforcers using the laws as weapons to Terrorize, Bully or
“Lynch” anyone that challenges said Democrats in these unlawful proceedings as
articulated throughout all pleadings and affidavits”
13.)
That Judge Norgle still is deliberating on said matter and because so
many judges are racist and filled with hate is all the reasons why so many lack
the aptitude or understanding of Trespassing upon the Laws because Democratic
Judges do not recognize this as a law where people of color are concerned
because people of color will never be considered equal within the laws of the
United States Constitution in Illinois Courts and has demonstrated this fact in
every unlawful ruling against all Defendants standing up against the Terrorist
in the Democratic Political Machine in the City of Chicago, State of Illinois.
14.)
Pursuant to Gr Ex D, Motion
for Reconsideration to Reinstate Case 88 D 079012 & Vacate all Judgments
due to Orders Being Void A Nullity Case Being “Fraudulent” Judges “Trespassing
upon the Laws” Engaging in “Treason Offenses Acting as “Private Citizens”
Making Misrepresentations to the Court & Issuance of a Rule to Show Cause for Sanctions and Remand
Pursuant to Supreme Court Rule 137,
A-
Ex 8 A letter from Karyn Mehringer, MA Forensic
Psychology, Requests for Investigation of Justice Ann Burke, and Alderman
Edward Burke, Jan 22, 2008, Page 1
Par 2 “I
am co-founder of the non-profit organization known as Illinois Family
Court Accountability Advocates (IFCAA) which was created to stop the public
corruption in the family courts in Illinois that is hurting the children of
Illinois families.
Page 2 Par 3 I have read the book, When Corruption Was King, by Robert
Cooley, and have been in contact with him. Mr. Cooley is the former
criminal attorney who was responsible for the FBI investigation, Operation
Gambat, which resulted in the successful prosecution and conviction of three
judges, one alderman, several attorneys, and multiple other Circuit Court of
Cook County and City of Chicago officials. After reading Mr.
Cooley’s book, I researched other sources regarding the professional and
personal backgrounds of Justice Anne Burke and her husband, Edward, the
longtime alderman from the 14th Ward, and the powerful and influential chairman
of Chicago’s City Council's finance committee and chairman of the
Democratic Party’s judicial slate-making subcommittee, the alleged
“gatekeeper” of who becomes a judge in Chicago’s courts.
I
respectfully call your attention to the information and allegations presented
herein as well as to your Oath of Office, and to the absolute duty to report
misconduct of judges and attorneys under Illinois Supreme Court Rules, which
rules mandate an investigation of the allegations herein. [Code of
Judicial Conduct Rule 63 (B)(3)(a) and/or Rules of Professional Conduct Rule
8.3(a)&(b); See Endnotes.] Further, the US District Court for
the Northern District of Illinois, Eastern District opinion entered on November
1, 2005 in Case No. 05 C 0283, Golden and Golden v. Nadler, Pritikin &
Mirabelli, LLC, et al, stated in pertinent part, “The court notes that Illinois
attorneys have an absolute duty to report misconduct of other attorneys.
See Skolnick v. Altheimer & Gray, 191 Ill.2d 214, 226, 730 N.E.2d
4, 246 Ill. Dec. 324 (2000)”
In Mr.
Cooley’s book, he specifically stated that Alderman Ed Burke contacted Judge
Cieslak, recently deceased, regarding at least two murder cases and tried to
influence his decision on those cases. In his book, that was printed
and distributed nationally, Mr. Cooley stated that Alderman Ed Burke and his
wife, Illinois Supreme Court Justice Anne Burke, were involved in a molestation
case that he, himself, was asked to fix. After these allegations
were published, when Alderman Ed Burke and his wife, Justice Anne Burke, were
asked to comment on the allegations, they stated, “No comment.”
He told
me that within the past year, Judge Cieslak gave an interview to two members of
the media in which Judge Cieslak verified that all the allegations made in
Cooley’s book were true. After the judge gave the interview, the two separate
reporters specifically told Mr. Cooley that they were “not allowed to do the
story because it involves Ed Burke.”
Mr.
Cooley told me that he has talked to a number of people and has provided
information about Ed and Anne Burke similar to that which resulted in
indictments and convictions in Operation Gambit. He told me that
major newspaper and television entities flat out told him that they could not
do a substantive story on Ed Burke or Anne Burke.
Cammon
and Remy Murder Cases
In his book, Mr. Cooley stated Ed
Burke and Anne Burke along with Attorney Pat Tuite fixed a murder case before
Judge Maloney. Herbert Cammon’s case was a murder case in which it
was alleged that Herbert Cammon, a gay black man, murdered his wife with the
help of his gay lover by stabbing her over 40 times and leaving the knife
sticking out of her mouth. It was alleged that he murdered his wife
to obtain the proceeds of a $250,000 life insurance policy. The case was
originally assigned to Judge Arthur Ceilsik. After a mistrial because of a
hung jury, Ed Burke approached Judge Cieslik and told him to withdraw from the
case. When the judge refused to withdraw from the case, he told the judge,
“What’s the big deal. It’s only a fucking nigger.”[1] Ed Burke’s wife, Anne, had filed an appearance in the
case as co-counsel with Pat Tuite. Anne Burke
also requested that the judge withdraw from the case saying, “My husband was
the one who put you on the bench.” [Judge Cieslek lived in the
14th ward.] When the judge finally withdrew from the
case due to media pressure initiated by the attorneys, the case was assigned to
Judge Tom Maloney. Judge Maloney dismissed the case in a bench
trial. Cooley revealed that he was wearing a wire when the
aforementioned events took place such that the FBI was fully
informed. Cooley revealed that he was in communication with Judge
Cieslik and he tried to encourage the judge to not let the case
go. He also reported to the feds that the case would be assigned to
Judge Maloney who would fix the case.
Mr. Cooley revealed that this was
the second murder case that Ed Burke tried to fix before Judge Ceislak. Prior
to the Cammon case, Cooley wrote about a murder case that Ed Burke tried to fix
before Judge Cieslik as a favor to one of the mob bosses, Angelo “The Hook”
LaPeitra. This was the Remy murder case in which some Chicago Police officers beat
a black man to death for smoking on an “L” train. Cooley stated in the book
that one of the police officers was a relative of LaPeitra. He also
reported that when Ed Burke was talking to Attorney Sam Banks, Ed Burke made
similar racist statements as in the Cammon murder case, specifically, “It’s
only a fucking nigger. I can’t see whey the judge is making such a big deal about it.”
15.) The aforementioned
allegations corroborated as being factual by Robert Cooley and Judge Cieslik
demonstrate that the judicial system is under siege by Terrorist by members of
the Democratic Political Machine, in that said judges in the party have found
ways to systematically wear down any person paying for an attorney or
individuals representing themselves Pro se as demonstrated in this matter.
The United States Supreme
Court recently acknowledged the judicial corruption in Cook County, when it
stated that Judge "Maloney was one of many dishonest judges exposed and
convicted through 'Operation Greylord', a labyrinthine federal investigation of
judicial corruption in Chicago". Bracey v. Gramley,
case No. 96-6133 (June 9, 1997).
“The Seventh Circuit Court of Appeals held
that the Circuit Court of Cook County
is a criminal enterprise. U.S.
v. Murphy, 768 F.2d 1518,
1531 (7th Cir. 1985)”.
Since
judges who do not report the criminal activities of other judges become
principals in the criminal activity, 18 U.S.C. Section 2, 3 & 4, and since
no judges have reported the criminal activity of the judges who have been
convicted, the other judges are as guilty as the convicted judges.
Under Federal law which is
applicable to all states, the U.S. Supreme Court stated that if a court is
"without authority, its judgments and orders are regarded as nullities.
They are not voidable, but simply void; and form no bar to a recovery sought,
even prior to a reversal in opposition to them. They constitute no
justification; and all persons concerned in executing such judgments or
sentences, are considered, in law, as trespassers." Elliot
v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)
The Illinois Supreme Court held
that if a court "could not hear the matter upon the jurisdictional paper
presented, its finding that it had the power can add nothing to its authority,
- it, had no authority to make that finding." The People v.
Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no
legal authority (jurisdiction) to hear or rule on certain matters before them.
They acted without any jurisdiction.
When judges act when they do not have jurisdiction to act, or they
enforce a void order (an order issued by a judge without jurisdiction), they
become trespassers of the law, and are engaged in treason.
16.
That Judge Yeghiayan had evidence of the following pleadings noted in
the Motion objecting Plaintiff’s motion but stated in his court order described
as a “Nullity” “Defendant has filed a
response to the instant motion, making various accusations against the
Plaintiff, but Defendant has not shown the removal is timely.”
A- That Cook County State’s
Attorney Kim Foxx is being subpoenaed to appear at a hearing on appointment of
special prosecutor in Jussie Smollet case Chicago Tribune April 27, 2019 for
releasing Jussie Smollett.
Sheila O’Brian, a former
appellate judge, also filed a notice to appear in “an attempt to get Smollett
to attend the hearing Thursday as well, her petition said that Foxx’s actions
created an appearance of impropriety, a perception that justice was not served
here, that Mr. Smollett received special attention”
B-
That it is clear Racism has a lot to do with her being subpoenaed, in
that Alderman Burke can hand pick racist judges or puppet black judges to steal
Defendant’s home frame an innocent man by locking him up not one time but 5
times for allegedly owing child support on a case that was dismissed; and what
is even worse pursuant to Gr Ex C (Cazembe Oboi Kabir) Petitioner
filed a Motion for Reconsideration Vacate (August 27th Order due
to Error “Fraud” Trespassing upon the Laws Making the Order a Nullity “Void”
with Affidavit, had this man unlawfully remanded into custody for not
paying maintenance on a matter where the Defendant had defaulted, but allowed a
white attorney to falsify every document necessary to extort money from his
wages, Cook County Judges are not following the laws and do not fear any judge
in the Federal venue and seems to be laughing at the FBI because so many judges
in the Federal Court are just as Racist and Corrupt as Democratic judges in the
County and State.
D-
That No judge or attorney has been indicted subpoenaed to any
Hearings or suspended its business as usual because of the color of our skin,
in that Black and Brown judges are profiting off the mayhem of destroying their
own race supporting said Terrorist realizing they would not be admonished
provided they continue genocide on their own ethnic groups.
17. That said judge is living up to the
doctrines of the Democratic Parties creed in that it was more important for the
Plaintiff’s to try and steal their home, but said senior citizen women of color
had to explain how their Removal was timely; sic He ignored the following properly plead
assertions 10-20 taken from the Motion Objecting Remand et al. corroborating Democratic judges and other
Terrorist Operatives engaging in an active “Organized Criminal Conspiracy”
trying to steal Defendant’s home.
18.
That it is unfathomable to see where a Black man murdered his wife
stabbing her 40 times in the mouth solicit the services of Edward Burke and he
assigns the case to the right Democratic Irish judge and Herbert Cammon gets’
away with murder with the assistance of his gay lover for the life insurance of
$250,000.00 corroborating the fact Democrats have Terrorist control over the
legal tribunals in Chicago, Illinois.
DEMOCRATIC PARTY HAS ROOTS IN VIOLENCE, RACISM
AND BIGOTRY
History can be an annoying,
pernicious thing. Especially for those who try to hide it.
When I read this morning
that a high school in the South was going to drop its racist, confederate name,
I immediately thought of Democrats Strom Thurmond or Robert Byrd, who were Klan
members and staunch segregationists.
But no … the school is
Nathan B. Forrest High School in Jacksonville, Fla. Forrest was a Confederate
General and a leader of the Ku Klux Klan.
I decided to research a
little bit into General Forrest and it turns out he was honored at the 1868
Democratic National Convention. In fact, the KKK was founded by Democrats to
terrorize blacks and white Republicans.
The history of the
Democratic Party is rooted in racism, violence, lynchings and bigotry. The
National Review published an article detailing the racist history of the Democratic Party:
May 22, 1856: Two years
after the Grand Old party’s birth, U.S. Senator Charles Sumner (R., Mass.) rose
to decry pro-slavery Democrats. Congressman Preston Brooks (D., S.C.) responded
by grabbing a stick and beating Sumner unconscious in the Senate chamber.
Disabled, Sumner could not resume his duties for three years.
July 30, 1866: New Orleans’s
Democratic government ordered police to raid an integrated GOP meeting, killing
40 people and injuring 150.
September 28, 1868:
Democrats in Opelousas, Louisiana killed nearly 300 blacks who tried to foil an
assault on a Republican newspaper editor.
October 7, 1868: Republicans
criticized Democrats’ national slogan: “This is a white man’s country: Let
white men rule.”
April 20, 1871: The GOP
Congress adopted the Ku Klux Klan Act, banning the pro-Democrat domestic
terrorist group.
October 18, 1871: GOP
President Ulysses S. Grant dispatched federal troops to quell Klan violence in
South Carolina.
September 14, 1874: Racist
white Democrats stormed Louisiana’s statehouse to oust GOP Governor William
Kellogg’s racially integrated administration; 27 are killed.
August 17, 1937: Republicans
opposed Democratic President Franklin Delano Roosevelt’s Supreme Court nominee,
U.S. Senator Hugo Black (D., Al.), a former Klansman who defended Klansmen
against race-murder charges.
February 2005: The
Democrats’ Klan-coddling today is embodied by KKK alumnus Robert Byrd, West
Virginia’s logorrhea U.S. senator and, having served since January 3, 1959,
that body’s dean. Thirteen years earlier, Byrd wrote this to the KKK’s Imperial
Wizard: “The Klan is needed today as never before and I am anxious to see its
rebirth here in West Virginia.” Byrd led Senate Democrats as late as December
1988. On March 4, 2001, Byrd told Fox News’s Tony Snow:
“There are white niggers. I’ve seen a lot of
white niggers in my time; I’m going to use that word.” National Democrats never
have arranged a primary challenge against or otherwise pressed this one-time
cross-burner to get lost.
Contrast the KKKozy
Democrats with the GOP. When former Klansman David Duke ran for Louisiana
governor in 1991 as a Republican, national GOP officials scorned him. Local
Republicans endorsed incumbent Democrat Edwin Edwards, despite his ethical
baggage. As one Republican-created bumper sticker pleaded: “Vote for the crook:
It’s important!”
Republicans also have
supported legislation favorable to blacks, often against intense Democratic
headwinds:
In 1865, Congressional
Republicans unanimously backed the 13th Amendment, which made slavery
unconstitutional. Among Democrats, 63 percent of senators and 78 percent of
House members voted: “No.”
In 1866, 94 percent of GOP
senators and 96 percent of GOP House members approved the 14th Amendment,
guaranteeing all Americans equal protection of the law. Every congressional
Democrat voted: “No.”
February 28, 1871: The GOP
Congress passed the Enforcement Act, giving black voters federal protection.
February 8, 1894: Democratic
President Grover Cleveland and a Democratic Congress repealed the GOP’s
Enforcement Act, denying black voters federal protection.
January 26, 1922: The U.S.
House adopted Rep. Leonidas Dyer’s (R., Mo.) bill making lynching a federal
crime. Filibustering Senate Democrats killed the measure.
May 17, 1954: As chief
justice, former three-term governor Earl Warren (R., Calif.) led the U.S.
Supreme Court’s desegregation of government schools via the
landmark Brown v. Board of Education decision. GOP
President Dwight Eisenhower’s Justice Department argued for Topeka, Kansas’s
black school children. Democrat John W. Davis, who lost a presidential bid to
incumbent Republican Calvin Coolidge in 1924, defended “separate but equal”
classrooms.
September 24, 1957:
Eisenhower deployed the 82nd Airborne Division to desegregate Little Rock’s
government schools over the strenuous resistance of Governor Orval Faubus (D.,
Ark.).
May 6, 1960: Eisenhower
signs the GOP’s 1960 Civil Rights Act after it survived a five-day, five-hour
filibuster by 18 Senate Democrats.
July 2, 1964: Democratic
President Johnson signed the 1964 Civil Rights Act after former Klansman Robert
Byrd’s 14-hour filibuster and the votes of 22 other Senate Democrats (including
Tennessee’s Al Gore, Sr.) failed to scuttle the measure. Illinois Republican
Everett Dirksen rallied 26 GOP senators and 44 Democrats to invoke cloture and
allow the bill’s passage. According to John Fonte in the January 9, 2003,
National Review, 82 percent of Republicans so voted, versus only 66 percent of
Democrats.
True, Senator Barry
Goldwater (R., Ariz.) opposed this bill the very year he became the GOP’s
presidential standard-bearer. However, Goldwater supported the 1957 and 1960
Civil Rights Acts and called for integrating Arizona’s National Guard two years
before Truman desegregated the military. Goldwater feared the 1964 Act would
limit freedom of association in the private sector, a controversial
but principled libertarian objection rooted in the First Amendment rather than
racial hatred.
June 29, 1982: President
Ronald Reagan signed a 25-year extension of the Voting Rights Act of 1965.
The Republican Party also is
the home of numerous “firsts.” Among them:
Until 1935, every black
federal legislator was Republican. America’s first black U.S. Representative,
South Carolina’s Joseph Rainey, and our first black senator, Mississippi’s
Hiram Revels, both reached Capitol Hill in 1870. On December 9, 1872, Louisiana
Republican Pinckney Benton Stewart “P.B.S.” Pinchback became America’s first
black governor.
August 8, 1878: GOP
supply-siders may hate to admit it, but America’s first black Collector of
Internal Revenue was former U.S. Rep. James Rapier (R., Ala.).October 16, 1901:
GOP President Theodore Roosevelt invited to the White House as its first black
dinner guest Republican educator Booker T. Washington. The
pro-Democrat Richmond Times newspaper warned that consequently,
“White women may receive attentions from Negro men.” As Toni Marshall wrote in
the November 9, 1995, Washington Times, when Roosevelt sought reelection
in 1904, Democrats produced a button that showed their presidential nominee,
Alton Parker, beside a white couple while Roosevelt posed with a white bride
and black groom. The button read: “The Choice Is Yours.”
GOP presidents Gerald Ford
in 1975 and Ronald Reagan in 1982 promoted Daniel James and Roscoe Robinson to
become, respectively, the Air Force’s and Army’s first black four-star
generals.
November 2, 1983: President
Reagan established Dr. Martin Luther King Jr.’s birthday as a national holiday,
the first such honor for a black American.
President Reagan named Colin
Powell America’s first black national-security adviser while GOP President
George W. Bush appointed him our first black secretary of state.
President G.W. Bush named
Condoleezza Rice America’s first black female NSC chief, then our second
(consecutive) black secretary of State. Just last month, one-time Klansman
Robert Byrd and other Senate Democrats stalled Rice’s confirmation for a week.
Amid unanimous GOP support, 12 Democrats and Vermont Independent James Jeffords
opposed Rice — the most “No” votes for a State designee since 14 senators
frowned on Henry Clay in 1825.
By the way, if we’re going
to strip schools of the names of racists, Strom Thurmond High School in South
Carolina and Robert C Byrd high school in West Virginia should be at the top of
the list.
18.) That a
clerk in Dorothy Browns office altered government records in the data base at
the Daley Center to reflect that Barbara Dutton was not the attorney who filed
a Complaint without filing an Appearance representing (MERS) Mortgage
Electronic Regis. Hereto attached, Page 1 of 31, dated 1-29-2010
printout.
19.) That
this Honorable Court made his ruling on a document deliberately altered so as
to undermine this courts integrity so as to gain a favorable ruling, in that,
said document names US Bank as a Trustee and attorney Robert Wutscher as the
attorney who filed the initial complaint.
20.) Counsel is
contending duplicity in the application of the laws in justifying their
Criminal Civil Rights violations in misappropriating the laws as a basis why
the case should have been Remanded back to State Court, stating, “Monzella
Johnson removed this state-foreclosure case to this Court eight years after the
case was filed”
21.) Counsel
failed to mention that 1.) The court never had jurisdiction on the Defendant
because Counsel failed to file the proper appearance making all orders VOID; 2.)
That on June 3, 2010, Judge Gillespie entered an Order, “The court
on its own motion vacates the judgment of foreclosure for lack of a proper
affidavit in support of et al.” Gr Ex D of the Petition
for Removal, Page 1, Par 1;
22.) That counsel failed to mention
nobody objected or attempted to vacate said order entered six years ago;
A- That because
the court never had jurisdiction on the Defendants in the first place, the
clock did not start for the Petition for Removal until after the Politically
Appointed Associate Judge (Pamela Gillespie) denied the admissions of Gr
Ex A Respondent’s Response and Objection to the Order entered on
May 25, 2016 w/Affidavit, Gr Ex C, Respondent’s Response Motion
Striking & Objecting Plaintiff’s Complaint due to “Fraud” and Barred by 5
year Statute of Limitation 735 ILCS 5/13-205 w/Affidavit, Gr Ex D, Respondent’s
Response Motion to Impose Sanctions due to “Fraud” on the Court Pursuant to
Supreme Court Rule 137 w/Affidavit;
B- That the
Associate Judge abused her discretion violated all Canon ethics and Illinois
Rules of Civil Procedure and Defendants Civil Rights by denying the
aforementioned Motions proving beyond the Preponderance of the Evidence that
Associate Judges cannot and will not apply the laws in a just and fair manner,
due to how they are appointed. In that Black and Brown judges are mere puppets
and has demonstrated their willingness to go to jail risk losing everything to
protect Alderman Burke or any Anglo-Saxon person in the Democratic Political
Machine;
C- That the
Defendants properly Petitioned the Federal Court for Removal because justice
cannot be had in those courts engaging in what is clear and convincing “Kangaroo
Rulings” better known as “Jim Crow” enforcement
Laws outlawed by the United States Supreme Court but it is clear Illinois don’t
honor those laws as demonstrated in this case;
Pursuant to 735 ILCS 5/2-612 Counsel never
Objected to the sufficiency of Petitioners pleadings, Objections to sufficiency
of pleadings either in form or substance must be made In trial court, and if
not so made, they will be considered waived and cannot be raised for the first
time on appeal. People ex rel. Deynes v. Harris, App. 1948, 77 N.E.
2d 439, 333 Ill. App. 280.
Motions
for Reconsideration are designed to bring to the court’s attention newly
discovered evidence that was unavailable at time of original hearing, changes
in existing law, or errors in court’s application of law. Continental
Cas. Co. v. Security Ins. Co. of Hartford, App. 1 Dist. 1996, 216 Ill. Dec.
314, 279 Ill. App. 3d 815, 665 N.E. 2d 374, appeal dismissed, et al.;
The purpose of a Motion to
Vacate is to alert the trial court to errors it has made and to afford an
opportunity for their correction. In re Marriage of King, App. 1 Dist.
2002, 270 Ill. Dec. 540, 336 Ill. App. 3d 83, 783 N.E. 2d 115, rehearing denied
pending appeal; et al.
23.) Counsel is
appealing to this court to ignore all of the racist Civil Rights diabolical
Acts lodged at the Defendant and grant them anything they request on paper so
as to prove because of Defendants skin color and the fact they are seniors
African American persons do not receive Equal Protection of the Laws in the
State of Illinois;
A- That lawyers are lying certain judges are obviously “Fixing”
cases worse than in Grey Lord Indictments, from the Chicago Tribune article
Dec. 19, 1985 the allegations ranged from fixing drunken-driving cases
to more serious felony charges. One lawyer was caught on tape bragging that
"even a murder case can be fixed if the judge is given something to hang
his hat on." By the end of the decade, nearly 100 people had been
indicted, and all but a handful were convicted. Of the 17 judges indicted, 15
were convicted. The tally of convictions included 50 lawyers, as well as court
clerks, police officers and sheriff's deputies.
Greylord
was not the first federal investigation of public corruption in Chicago, but it
was a watershed in its use of eavesdropping devices and a mole to obtain
evidence instead of relying on wrongdoers to become government informants.
B- That Defendants
has had their home for more than 61 years longer than many have had careers and
worked hard retiring to earn said property and a bunch of hoodlum attorneys are
using their law degrees to steal from persons they thought they could
intimidate and bully with the help of certain corrupt racist politically
connected judges.
ILL.
App. (1st Dist. 2000). A “VOID JUDGEMENT OR ORDER” is one that
is entered by a court lacking jurisdiction over the parties or the subject
matter, or lacking the inherent power to enter the particular order of
judgment, or where the order was procured by FRAUD- in re Adoption of E.L., 248
ILL. Dec. 171, 733 N.E. 2d 846, 315 ILL. App. 3d 137- Judgm 7, 16, 375.
24.) That
Counsel has admitted in their responses taking part in an “Organized
Conspiracy” against the Defendants trying to steal their home using “Fraudulent
Acts” surpassing human imagination, in that every judge in the State Courts
whom this matter pended before closed their eyes to every unlawful act known to
man because of their skin color Civil Rights Act of 1866- first section,
enacted by the Senate and House of Representatives of the United States of
America in Congress assembled. That all persons born in the United States and
not subject to any foreign power, excluding Indians not taxed, are hereby
declared to be citizens of the United States; and such citizens of every race
and color, without regard to any previous condition of slavery or involuntary
servitude, except as a punishment for crime whereof the party shall have been
duly convicted, shall have the same right, in every State and Territory in the
United States, to make and enforce contracts, to sue, be parties, and give
evidence, to inherit, purchase, lease, sell, hold and convey real and personal
property, and to full and equal benefit of the laws and proceedings for the
security of person and property, as is enjoyed by white citizens, and shall be
subject to like punishment, pains, and penalties, and to none other, any law,
statute, ordinances, regulation, or custom, to the contrary notwithstanding,
Act of April 9, 1866, Ch. 31, 1, 14 Stat. 27, 42 U.S.C.A. 1981.
Properly alleged facts within an
affidavit that are not contradicted by counter affidavit are taken as true,
despite the existence of contrary averments in the adverse party’s pleadings.Professional
Group Travel, Ltd. v. Professional Seminar Consultants Inc., 136 ILL App 3d
1084, 483 N.E. 2d 1291; Buzzard v. Bolger, 117 ILL App 3d 887, 453 N.E. 2d 1129
et al.
25.) That in
spite of the aforementioned legal precedents recorded within, the Circuit Court
politically appointed judges ignored all of Defendants pleadings arguments and
affidavits and denied every Motion against the Manifest Weight of the Evidence
demonstrating the courts are rigged against the innocent and the just, in spite
of the laws, Turner 24 F. Cas. 337 (No. 14247) C.C.D. Md. 1867)The “equal benefit” clause is cited in what would appear
to be the earliest reported case enforcing the section. The plaintiff was an
emancipated slave who was indentured as an apprentice to her former master.
Although both whites and blacks could be indentured as an apprentice, under the
law of Maryland, indentured blacks were not accorded the same educational
benefits as whites and, unlike whites, were subject to being transferred to any
other person in the same county. Circuit Judge Chase granted a writ of habeas
corpus upon finding that the purported apprenticeship was in fact involuntary
servitude and a denial under the Civil Rights Act of 1866 of the “full and
equal benefit of all laws
26.) That the Defendants are retired Civil
servants from respected positions within the City of Chicago and this is the
methodology how these corrupt individuals use their influence and legal wit to
take and steal from hard working individuals.
27.) That
the Defendants have been forced to spend and deplete their savings and earnings
to defend against the frivolous litigations lodged at them by said individuals
“organized in this conspiracy” trying to steal their home in the guise as a
foreclosure.
28.) That Ex
1, demonstrates how a Rigged Court system ruined an innocent man’s
life of 29 years, innocent men have been incarcerated by this same type of
rigged system for this many years and later been deemed innocent, he has yet to
see justice and now we are unlawfully enduring the same injustice perpetrated
in Ex 1, now it‘s 2016 beyond the statute of limitations
depleting everything we have earned to finance corrupt white men’s lives at this
rate, we would be homeless and broke demonstrating unequivocally Jim
Crow laws still exist in Illinois and is not outlawed in
accordance to the United States Supreme Court Laws;
29.) That
so many attorneys are arrogant and contemptuous violating the laws because it
is such a norm in State Courts they don’t feel no judge will ever admonish any
of them or impose any type of Sanction on them because persons of color are not
deemed citizens of merit or equal in Illinois, in that Ex 1 validates
this verity as a fact!
A- To
further validate the verity of the above, Defendant properly Noticed the Clerk
of the Circuit Court of the filing of the Notice of Removal filed
in Federal Court (September 2, 2016)
B- Said
Law Firm Postestivo & Assc. Along with a person(s) conspired with a Clerk
in the Circuit Court, hereto attached, Ex 2 an unlawful
publication of Defendant’s property placed in three Circuit Court envelopes
from Clerk of the Circuit Court Dorothy Brown Ref as Ex
3, 4;
C- That
it is clear from the aforementioned, that attorneys do not comply with judges
directives they circumvent any and all laws to achieve any unlawful endeavor
demonstrated in this matter and expects this Honorable Court to adhere to all
unlawful acts and continuously deny the Defendants because of their skin color
and age, one can infer because they are seniors, they
will not be able to maintain the necessary resolve to
fight and keep their home;
30.) Judge Yeghiayan is not the only Judge who
was “Fixing” cases on behalf of brethren in the Democratic Political Machine,
in the matter of Joe Louis Lawrence Robert M. Dow, Jr. who took over deceased
Racist Judge John W. Darrah 16 CV 7434,
ON APRIL 24TH, PLAINTIFF FILED A MOTION FOR
SUMMARY JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE W/AFFIDAVIT AND
SERVED IT ON ALL PARTIES AND NOTICED IT FOR MAY 2ND AT 9:15 AM, THE CLERKS
CHECKED THE CASE 16 CV 7434 MAKING SURE THE CASE WAS ACTIVE BEFORE ACCEPTING
THE MOTION IT WAS VERY ACTIVE AND ALL COPIES WERE FILE STAMPED.
JUDGE DOW'S CLERK PLACED THE MOTION ON THE 9:15 AM MOTION CALL SHEET FOR MAY 2, 2018.
JUDGE DOW'S CLERK PLACED THE MOTION ON THE 9:15 AM MOTION CALL SHEET FOR MAY 2, 2018.
That said judge colluded with a Federal Clerk,
in that said clerk with initials K.S. improperly recorded the April 3, 2018
court order into the database when in fact said order was in fact tendered
after Plaintiff filed his Motion for Summary Judgment April 24, 2018.
That on December 18, 2017 Judge Robert M. Dow,
Jr. entered a “Minute Order” hereto attached, “Plaintiff’s
motion to reinstate the case is taken under advisement. The court will issue a
ruling by mail after it has taken an opportunity to review the motion and the
prior history of the case, …..et al. Notice of motion date of 12/21/2017 is
stricken and no appearances are necessary on that date.” Is the only
court order Plaintiff ever received from the court.
Milchtein v. Chisholm, 880 F. 3d 895, 897-98
(7th Cir. 2018), THIS CASE WAS FILED APRIL 24TH 2018.
CAN ANYONE EXPLAIN HOW THIS REPUBLICAN JUDGE WITH ALL OF THESE ACADEMIC CREDENTIALS INCLUDE A LAW FROM THE SEVENTH CIRCUIT PUT IT IN A COURT ORDER FOR APRIL 3RD THAT WAS NOT FILED UNTIL APRIL 24TH? He has not been suspended indicted or admonished for this “Fraudulent Act”.
CAN ANYONE EXPLAIN HOW THIS REPUBLICAN JUDGE WITH ALL OF THESE ACADEMIC CREDENTIALS INCLUDE A LAW FROM THE SEVENTH CIRCUIT PUT IT IN A COURT ORDER FOR APRIL 3RD THAT WAS NOT FILED UNTIL APRIL 24TH? He has not been suspended indicted or admonished for this “Fraudulent Act”.
31. A Massachusetts District Court judge
has been charged with obstruction of justice and suspended without pay for
allegedly helping an undocumented immigrant avoid federal immigration agents by
allowing him to sneak out the back entrance of the courthouse after a hearing
last year.
The judge,
Shelley Richmond Joseph, was indicted by a federal grand jury Thursday, along
with Wesley MacGregor, who retired last month after 26 years as a Massachusetts
Trial Court officer.
U.S. Attorney
Andrew Lelling announced the indictment at a press conference alongside
top officials from the U.S. Immigration and Customs Enforcement’s Boston field
office.
“This case is
not about immigration,” Lelling insisted. “It is about the rule of law.”
32. In that here in Federal Court Cook County
Courts or the Appellate Courts the Rule of Law does not apply to people of
color now Judge Gary Feinerman obviously didn’t read anything Defendant’s filed
it is clear Democrats don’t seem to be reading anything Defendants have
presented before the courts if they did probably someone would have been man
enough to try to stop this bullying tactics of Racial Hatred of trying to steal
their home.
33. That said Democrats
are so Corrupt and Nefarious and deem themselves untouchable “Trespassing upon the Laws” engaging in
“Treason Offenses” in that said
Democratic Terrorist are now in violation of the following Act, Pursuant to Section 4 of the Ku Klux
Klan Act of 1871: the law is clear, “Whenever in any State or part of a
State………unlawful combinations…….shall be organized and armed, and so numerous
and powerful et al…………and whenever, by reason of either or all of the causes
aforesaid, the conviction of such offenders and the preservation of the public
safety shall become…..Impracticable, in every such case such combinations shall
be deemed a rebellion against the Government of the United States…..”
WHEREFORE DEFENDANT PRAYS that this Court
Reconsider this Motion in its entirety and keep this matter in the Federal
Court and Invoke Jurisdiction on all parties complicit in this “Organized
Conspiracy”:
2.) For an Order imposing
Sanctions reimbursing to Defendant all costs and fees for the enforcement of
this matter;
3.) For an Order of
Sanctions Remanding any and all parties complicit in this “Organized
Conspiracy” stealing Defendants home;
4.) For an Order
allowing the Amendment of this document to satisfy this court’s requirement for
jurisdiction.
5.) For an Order having these allegations
investigated by Federal Officials
6.) For an Order alternatively transferring this
matter out of Illinois away from this District to a State where judges follow
and adhere to the Rules of Law and not in accordance to one’s ethnicity, gender
or political affiliations.
7.) For the entry of an Order awarding to your
Defendant for such other relief and any other relief necessary as equity may
require of which this court may deem overwhelmingly just;
Finally, this Motion is best closed by a jurist who has stated”;
Citing Canon 2A the court noted, “[a] court’s indifference to clearly stated
rules breeds disrespect for and discontent with our justice system. Government
cannot demand respect of the laws by its citizens when its tribunals ignore
those very same laws”)
Federal Court FEDERAL JUDGE GETTLEMAN: stated, Tuesday March 10, 2009, where he found Superintendent
of police Jody Weiss in Contempt of Court and Ordered the City to Pay
$100,000.00, “No one is above the Law”, he cited
a 1928 decision by Supreme Court Justice Louis Brandeis, that said, “If the
Government becomes the law breaker, it breeds Contempt for the Law, It invites
everyman to become a law unto himself. It invites
Anarchy.”
The Chicago Daily Law Bulletin, Wednesday April 26, 2006, Page
1, Illinois Political Machines help breed corruption, Associated Press
writer Deanna Bellandi states, “Illinois is apparently a Petri dish
for corruption. It is a real breeding ground”.
That Chicago is the most Corrupt City in America, Huffington
Post, Internet Newspaper, February 23, 2012; University of Illinois Professor
Dick Simpson, “The two worst crime zones in Illinois are the governor’s
mansion…..and the City Council Chambers in Chicago.” Simpson a former Chicago
Alderman told the AP “no other State can match us.”
In that it is an impossibility
for any person of color to receive Equal Protection of the Laws when judges are
acting as Gods, Tyrants dispensing laws that suits their racial disposition and
not in accordance to the laws of the United States Constitution and laws of the
United Supreme Court, the following Petition for Transfer was filed and ignored
so as to keep the criminal allegations of the judges involved a secret.
Since judges
who do not report the criminal activities of other judges become principals in
the criminal activity, 18 U.S.C. Section 2, 3 & 4, and since no judges have
reported the criminal activity of the judges who have been convicted, the other
judges are as guilty as the convicted judges.
Fraud admissibility great latitude is permitted in proving fraud C.J.S.
Fraud 104 ET Seg. Fraud 51-57. where a question of fraud and deceit is the
issue involved in a case, great latitude is ordinarily permitted in the
introduction of evidence, and courts allow the greatest liberality in the
method of examination and in the scope of inquiry Vigus V.
O’Bannon, 1886 8 N.E 788, 118 ILL 334. Hazelton V. Carolus, 1907 132 ILL. App.
512. Respondent provided cases attached to the exhibits 18 D 3208
and Emergency Motion filed before Federal Judge Charles R. Norgle, Sr.
regarding William Stewart Boyd, case 2015 CH 01670 Re Franklin Ulysses Valderrama, case 12-M-711552
Leonard Murray, case 2008 CH 33616 US Bank et al. v Monzella Y. Johnson et al.
Lightfoot said her
administration will be rolling out more ethics proposals for the City Council
to consider. But Lightfoot, who personally prosecuted corrupt Ald. Virgil Jones
as part of Silver Shovel, acknowledged that change will need more than new ordinances.
“Fundamentally, if somebody
wants to violate the law, and thinks that it’s their right to monetize their
position, there’s not much that we can do, but that’s why we need the FBI and
the U.S. attorney’s office to be diligent,” Lightfoot said. “I don’t want the
FBI and the U.S. attorney’s “I don’t want
the FBI and the U.S. attorney’s office to in effect be our HR manager, but
there is a need for law enforcement, because people aren’t getting the message.”
Pursuant to the United States
Supreme Court Laws and Ku Klux Klan Act Anglo Saxon men within the legal system
of Illinois are just as racist and Hateful now as they were in the 30, 40’s and
50’s said judges are using the laws unlawfully to oppress and Lynch said
Appellant for speaking up against the injustices perpetrated by Anglo Saxon men
in the legal venues.
B. Citing
Canon 2A the court noted, “[a] court’s indifference to clearly stated rules breed
disrespect for and discontent with our justice system. Government cannot demand
respect of the laws by its citizens when its tribunals ignore those very same
laws”)
C. The District Court demonstrating an act of Improprieties
in an attempt to aid and assist said Defendant’s named in Suit, In
Re Judge No. 93-154, 440 S.E.2d 169 (Ga. 1994), And Deception by falsifying
reasons for preventing a legally sufficient Complaint and Motion from being
served on Appellee’s, In re Ferrara, 582 N.W. 2d 817 (Mich. 1998),In re Renfer,
493 S.E. 2d 434 (N.C. 1997), In re Kroger, 702 A. 2d 64 (Vt. 1997), Gonzalez v.
Commission on Judicial Performance, 33 Cal. 3d 359, 657 P. 2d 372, 377, 188
Cal. Rptr. 880 (1983).
D. Section
1983 of U.S.C.S. contemplates the depravation of Civil Rights through the
Unconstitutional Application of a Law by conspiracy or otherwise. Mansell
v. Saunders (CA 5 F 1A) 372 F 573, especially if the conspiracy was
actually carried into effect, where an action is for a conspiracy to interfere
with Civil Rights under 42 U.S.C.S. 1985 (3), or for the depravation of such
rights under 42 U.S.C.S. 1983, if the conspiracy was actually carried into
effect and plaintiff was thereby deprived of any rights, privileges, or immunities
secured by the United States Constitution and Laws, the gist of the action may
be treated as one for the depravation of rights under 42 U.S.C.S. 1983, Lewis
v. Brautigam (CA 5 F 1a) 227 F 2d 124, 55 Alr 2d 505, John
W. Strong, 185, 777-78 (4 th ed. 1992)
E. That the Judge erred considerably
when it received notice and knowledge of other Judges complicit in a Criminal
Conspiracy failed to follow Canon Ethics Leslie W. Abramson, 25 Hofstra
L. Rev. 751 (1997). The Judges Ethical Duty to Report Misconduct by Other
Judges and Lawyers and its effect on Judicial Independence.
F. That because many Anglo
Saxons in the Democratic Party and certain Republicans have infiltrated the
Democratic party and have methodically overturned the legal tribunal recruiting
the necessary persons who will keep their mouths shut and continue the
terrorist mayhem on innocent citizens fighting injustice in the courts but for
the first time Chicago has a Female Mayor (Hon. Lori Lightfoot) of color not
the typical Democrat who sits back like the others and let corrupt Anglo Saxon
or puppet Negroes or Water boy males who goes along with the “Hate” and Racist Acts
perpetrated by these hateful individuals who keeps their mouths shut so as to
be accepted by them;
The
criminal activities that the Federal Courts found in the Circuit Court of Cook
County still exist, and are today under the care, custody and control of Judge
Timothy C. Evans (Chief Judge). The Circuit Court of Cook County remains
a criminal enterprise.
JUDICIAL IMMUNITY
Judges
have given themselves judicial immunity for their judicial functions. Judges
have no judicial immunity for criminal acts, aiding, assisting, or conniving
with others who perform a criminal act, or for their administrative/
ministerial duties. When a judge has a duty to act, he does not have discretion - he is then not performing a judicial act, he is performing a ministerial act.
ministerial duties. When a judge has a duty to act, he does not have discretion - he is then not performing a judicial act, he is performing a ministerial act.
Judicial immunity does not exist
for judges who engage in criminal activity, for judges who connive with, aid
and abet the criminal activity of another judge, or to a judge for damages
sustained by a person who has been harmed by the judge's connivance with,
aiding and abetting, another judge's criminal activity.
TRESPASSERS OF THE LAW
The
Illinois Supreme Court has held that "if the magistrate has not such
jurisdiction, then he and those who advise and act with him, or execute his process,
are trespassers." Von Kettler et.al. v. Johnson,
57 Ill. 109 (1870)
Under Federal law which is applicable
to all states, the U.S. Supreme Court stated that if a court is "without
authority, its judgments and orders are regarded as nullities. They are not
voidable, but simply void; and form no bar to a recovery sought, even prior to
a reversal in opposition to them. They constitute no justification; and all
persons concerned in executing such judgments or sentences, are considered, in law,
as trespassers." Elliot v. Piersol, 1 Pet. 328,
340, 26 U.S. 328, 340 (1828)
The Illinois Supreme Court held
that if a court "could not hear the matter upon the jurisdictional paper
presented, its finding that it had the power can add nothing to its authority,
- it, had no authority to make that finding." The People v.
Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no
legal authority (jurisdiction) to hear or rule on certain matters before them.
They acted without any jurisdiction.
When judges act when they do not
have jurisdiction to act, or they enforce a void order (an order issued by a
judge without jurisdiction), they become trespassers of the law, and are
engaged in treason (see below).
The Court in Yates
v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill.
1962) held that "not every action by a judge is in exercise of his
judicial function. ... It is not a judicial function for a judge to commit an
intentional tort even though the tort occurs in the courthouse."
When a judge acts as a trespasser
of the law, when a judge does not follow the law, the judge loses
subject-matter jurisdiction and the judge’s orders are void, of no
legal force or effect.
The U.S. Supreme Court, in Scheuer
v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that
"when a state officer acts under a state law in a manner violative of the
Federal Constitution, he "comes into conflict with the superior authority
of that Constitution, and he is in that case stripped of his official or
representative character and is subjected in his person to the
consequences of his individual conduct. The State has no power to impart to him
any immunity from responsibility to the supreme authority of the United
States." [Emphasis supplied in original].
By law, a judge is a state
officer.
The judge then acts not as a
judge, but as a private individual (in his person).
VIOLATION OF OATH OF OFFICE
In
Illinois, 705 ILCS 205/4 states "Every person admitted to practice as an attorney
and counselor at law shall, before his name is entered upon the roll to be kept
as hereinafter provided, take and subscribe an oath, substantially in the
following form:
'I do solemnly swear (or affirm,
as the case may be), that I will support the constitution of the United States
and the constitution of the state of Illinois, and that I will faithfully
discharge the duties of the office of attorney and counselor at law to the best
of my ability.'"
In Illinois, a judge must take a
second oath of office. Under 705 ILCS 35/2 states, in part, that "The several
judges of the circuit courts of this State, before entering upon the duties of
their office, shall take and subscribe the following oath or affirmation, which
shall be filed in the office of the Secretary of State:
'I do solemnly swear (or affirm,
as the case may be) that I will support the constitution of the United States,
and the constitution of the State of Illinois, and that I will faithfully
discharge the duties of judge of ______ court, according to the best of my
ability.'"
Further, if the judge had
enlisted in the U.S. military, then he has taken a third oath. Under Title 10
U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent
part, as follows: "I, __________, do solemnly swear (or affirm) that I
will support and defend the Constitution of the United States against all
enemies, foreign or domestic; that I will bear true faith and allegiance to the
same; ...".
The U.S. Supreme Court has stated
that "No state legislator or executive or judicial officer can war against
the Constitution without violating his undertaking to support it.” Cooper
v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).
Any judge who does not comply with
his oath to the Constitution of the United States wars against that
Constitution and engages in acts in violation of the Supreme Law of the Land.
The judge is engaged in acts of treason.
Having taken at least two, if not
three, oaths of office to support the Constitution of the United States, and
the Constitution of the State of Illinois, any judge who has acted in violation
of the Constitution is engaged in an act or acts of treason (see below).
If a judge does not fully comply
with the Constitution, then his orders are void, In re Sawyer,
124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in
an act or acts of treason.
The request for
a transfer may be made at any stage of the proceeding before a reference to the
Judicial Conference under Rule 20 (b)
(1) (C) or 20 (b) (2) or a Petition for Review is filed under Rule 22:
Rule 26 is new; it implements the Breyer Committee’s
recommended use of transfers. Breyer
Committee Report, 239 F.R.D. at 214-15.
Rule 26 authorizes the transfer of a complaint proceeding
to another judicial council selected by the Chief Justice. Such transfers may
be appropriate, for example, in the case of a serious complaint where there are
multiple disqualifications among the original council, where the issues are
highly visible and a local disposition may weaken public confidence in the
process, where internal tensions arising in the council as a result of the
complaint render disposition by a less involved council appropriate, or where a
complaint calls into question policies or governance of the home court of
appeals et al.
That the
present judges in the Seventh Circuit
read evidence of Cook County judges violating the RICO ACT, the 7th
Cir. Held that the Cook County Courts were a Criminal enterprise. U.S. v. Murphy, 768 F. 2d 1518, 1531
where precedent was enacted by Judges Frank H. Easterbrook, Richard D. Cudahy
and former Chief judge Luther Merritt Swygert;
JUDICIAL
CONFERENCE COMMITTEE ON JUDICIAL AND DISABILITY
ADMINISTRATIVE OFFICE OF THE
UNITED STATES
ONE COLUMBUS
CIRCLE, NE
WASHINGTON D. C. 20544
Monzella Johnson,
Petitioner 07-16-90079
v
Diane P.
Wood, Samuel Der-Yeghiayan, Pamela Myerson Timothy C. Evans
Anne M.
Burke, Robert R. Thomas, Charles Freeman, Thomas L. Kilbride,
Lloyd A.
Karmeier, Rita Garman, Mary Jane Theis et al.
Respondents
PETITION FOR REVIEW & PETITION TO TRANSFER
THIS CASE TO ANOTHER JUDICIAL COUNCIL
To the Honorable Judicial
Conference Committee et al. of the United States:
Complainant a United States Citizen,
Monzella Y. Johnson, hereby respectfully represents as Pro Se shows this
Judicial Conference Committee with corroboration/admissions and affidavit the
noted reasons why this matter should be reviewed and Transferred to another
Judicial Council within the United States.
Now comes Monzella Y. Johnson, Pro Se Appellant in this cause files herewith her affidavit as required by Title 28, United States Code, Section 144,
to show that Judge Honorable Samuel Der-Yeghiayan, and a plethora of other judges
has Trespassed upon the Laws in an arrogant “Contemptuous manner” the Seventh
Circuit, Judicial Council has ignored all sufficient motions with affidavits,
stating a cause how and why this court has jurisdiction; motions corroborating
judicial corruption “fraud” “perjury” and a plethora of “Terrorist Civil Rights
Acts” put before the courts that the District Court ignored and holding Racism
Corruption in the courts.
STATUTES: Trespassers of the Laws, Treason, hereto attached, Group Ex. A, Judicial Complaint,
(filed Dec. 6, 2016) detailing just how said judges engaging in acts of Treason
likened to “Weapons of Mass Destruction” destroying innocent lives like
the Appellant;
Rule
26 authorizes the transfer of a complaint proceeding to another
judicial council selected by the Chief Justice. Such transfers may be appropriate,
for example, in the case of a serious complaint where there are multiple
disqualifications among the original council, where the issues are highly
visible and a local disposition may weaken public confidence in the process,
where internal tensions arising in the council as a result of the complaint
render disposition by a less involved council appropriate, or where a complaint
calls into question policies or governance of the home court of appeals et al.
Respectfully Submitted
5217
S. Ingleside Ave.
Chicago, IL. 60615
JUDICIAL
CONFERENCE COMMITTEE ON JUDICIAL AND DISABILITY
ADMINISTRATIVE OFFICE OF THE
UNITED STATES
ONE COLUMBUS
CIRCLE, NE
WASHINGTON D. C. 20544
1.)
That because the Seventh Circuit is comprised of
Democratic judges filled with hatred surpassing all laws of the United States
constitution have methodically and actively committing “Treason” and is “Trespassing
upon the laws” relying on any Democrat or Republican to continuously
overthrow the government enforcing laws outlawed by the United States
constitution; hereto attached, January 24, 2017 document not signed;
A- Said order was mailed so as to undermine
and demonstrate said Democrats within the Seventh Circuit were in fact
untouchable and is expecting President Elect Trump to close his eyes to the
injustices and Mayhem in Chicago courts and Federal courts as others have done
before his administration;
B-
That the aforementioned order further demonstrates no
Democrat in the judicial capacity have the legal integrity or knowledge to
dispensate the laws equitably in accordance to the United States Constitution,
in that all of them have closed their eyes to the pattern of corruption and
“Treason” by members of their party in that many of them have become
professional law breaking criminals;
2.) That
said Chief judge had evidence from Page
5, Par. 4, Motion to
Disqualify Judge Samuel Der-Yeghiayan et al. filed (Nov. 14, 2016) further
validating the verity within the “Preponderance
of the Evidence” that said judge and attorneys were acting in concert
in said “Organize Conspiracy”
engaging in TREASON and WAR on the United States Constitution.
A-
The court ignored the valid certified court order
demonstrating Cook County Circuit Court judge vacated the Foreclosure judgment
June 2, 2010;
B- In
that said, Seventh Circuit Court of Appeals held that the Circuit Court of Cook
County is a criminal enterprise. U. S. v. Murphy, 768 F. 2d 1518, 1531
(7th Cir. 1985).
“Since
judges who do not report the criminal activities of other judges become
principals in the criminal activity, 18 U.S.C. Section 1, and since no judges
have reported the criminal activity of the judges who have been convicted, the
other judges are as guilty as the convicted judges”
Section 1983 of USCS contemplates the depravation
of Civil Rights through the unconstitutional application of a law by conspiracy
or otherwise. Mansell V. Saunders (CA 5 FLa) 372 F 2d 573, especially if the
conspiracy was actually carried into effect and plaintiff was thereby deprived
of any rights privileges, or immunities secured by the Constitution and laws,
the gist of the action may be treated as one for the depravation of rights under
42 USCS 1983 Lewis V. Brautigam (CA 5 Fla) 227 F 2d 124, 55 Alr 2d 505
3.) That Page
4, Par. 5 (A) further validate the verity within the “Preponderance of the Evidence” that said judge and
attorneys were acting in concert in said “Organize Conspiracy”;
C-
The court ignored the valid certified court order
demonstrating Cook County Circuit Court judge vacated the Foreclosure judgment
June 2, 2010;
U. S Sup Court Digest 24(1) General Conspiracy
U.S. 2003. Essence of a conspiracy is an agreement to commit an unlawful
act.—U.S. v. Jimenez Recio, 123 S. Ct. 819, 537 U.S. 270, 154 L.Ed.2d 744, on
remand 371F.3d 1093
Agreement to commit an
unlawful act, which constitutes the essence of a conspiracy, is a distinct evil
that exist and be punished whether or not the substantive crime ensues.-Id.
Conspiracy poses a threat to
the public over and above the threat of the commission of the relevant
substantive crime, both because the combination in crime makes more likely the
commission of other crimes and because it decreases the part from their path of
criminality.-Id.
CONSPIRACY
Fraud maybe inferred from nature of acts complained of,
individual and collective interest of alleged conspirators, situation,
intimacy, and relation of parties at time of commission of acts, and generally
all circumstances preceding and attending culmination of claimed conspiracy Illinois Rockford
Corp. V. Kulp, 1968, 242 N.E. 2d 228, 41 ILL. 2d 215.
Conspirators
to be guilty of offense need not have entered into conspiracy at same time or
have taken part in all its actions. People V. Hardison, 1985, 911
Dec. 162, 108. Requisite mens rea elements of conspiracy are satisfied upon showings of agreement
of offense with intent that offense be committed;
Actus reas element is satisfied of act in
furtherance of agreement People V. Mordick, 1981, 50 ILL, Dec. 63
Vaughn 462 S. E. 2d 728
(Ga.1995), The Supreme Court of
Georgia removed a Judge from office for disregarding defendant’s Constitutional
rights; Hammel, 668 N. E. 2d 390 (N.Y. 1996) (Judge removed for
improperly jailing defendants for their alleged failure to pay fines and make
restitution which the judge had imposed, disregarding the defendants basic
constitutional rights;
I affirm the
above as being true.
Respectfully Submitted
_____________________
Monzella
Y. Johnson
Chicago, IL. 60615
Defendant-Appellant
IN THE
UNITED STATES
COURT OF APPEALS
FOR
THE SEVENTH CIRCUIT
Certificate of Service
I
Joe Louis Lawrence, Defendant-Appellant, certify that I have on this day
deposited said Jurisdictional Memorandum to all parties recorded in said Notice
via regular mail/hand delivery.
To: US
Attorney
FBI
Dir. Chris Wray
John
R. Lausch, Jr. 2111
West Roosevelt Road
219 S.
Dearborn, 5th floor
Chicago,
Ill. 60612
Hon Mayor Lori
Lightfoot
City Hall 7th floor
Chicago, IL. 60601
Circuit Court of Cook County, Dorothy Brown
50 West Washington,
Chicago, IL 60601 Suite 1001
Cook County
States Attorney Chief
Judge Timothy C. Evans
Kim Foxx
50 West Washington, Suite 2600
50 West Washington, Suite 500 Chicago, Ill. 60601
Chicago, Ill. 60601
Postestivo & Assoc. Hinshaw
& Culbertson, LLP
223 West Jackson Blvd. Suite 610 151 N. Franklin Street, #2500
Chicago, Illinois 60606 Chicago, Illinois
60606
PLEASE BE ADVISED that on June 17, 2019, A Jurisdictional Memorandum been filed before the United
States Court of Appeals.
Dated
June 17th, 2019
Respectfully Submitted
_______________________
Monzella Y. Johnson
5217 S. Ingleside Ave.
Chicago, IL. 60615
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