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Los Angeles, March 22 - Citizens United v Federal Election Commission (FEC) (08-205) is no doubt one of
the landmark decisions of the US Supreme Court. It was reported to have accorded corporations First
Amendment rights, “decision holding that corporations and unions can spend unlimited amounts of money in
election campaigns… a stunning example of judicial activism…” [i] However, a valid and effectual copy of
the February 22, 2010 Judgment in the case - a historic document - is yet to be discovered...
An invalid record was recently produced by FEC as the February 22, 2010 Judgment
Most recently, May 9, 2011 Freedom of Information Act (FOIA) response was received from FEC on request
for the February 22, 2010 Judgment and the corresponding authentication by the Clerk of the US Supreme
Court. [ii]
Figure 1: The record that was provided by FEC as the February 22, 2010
Judgment in Citizens United v Federal Election Commission combined with
its authentication by the Clerk of the US Supreme Court.
z Page 2/2 May 10, 2011
The judgment record, which was provided in the FOIA-response by FEC cannot possibly be deemed a valid
court record:
• It is a record dated January 21, 2010, whereas the online docket noted the issuance of a Judgment
on February 22, 2010.
• It is an unsigned record, which bears a stamp certifying that it is a “true copy” of an unsigned
original record.
• The stamp itself is signed, but not dated. Moreover, the name and authority of the person who
signed the stamp (Cynthia Rapp) were not printed below the signature line. Therefore, the
signature on the stamp, certifying “true copy” is of dubious validity as well.
• Contrary to what was stated in the FOIA response letter [i], the record, which was provided, did
not include true and valid attestation/authentication by the Clerk of the Supreme Court of the
United States.
A legal dictionary says:
AUTHENTICATION - An attestation made by a proper officer, by which he certifies that
a record is in due form of law, and that the person who certifies it is the officer appointed
by law to do so… By authentication is also understood whatever act is done either by the
party or some other person with a view of causing an instrument to be known and
identified.
It should be of particular concern that FEC, like other parties to the litigation, so far has not produced a copy
of the February 22, 2010 Judgment as served on FEC by the Clerk of the Supreme Court. Instead, the record,
which was produced, was derived from the PACER docket of the US Court, District of Columbia. However,
to the degree that the record, which was provided, was a record filed and entered in the US Court, District of
Columbia, it was missing the NEF (Notice of Electronic Filing), which is deemed the valid authentication
record by the US district courts under electronic filing. [iii]
Entry of February 22, 2010 Judgment remains ambiguous in the online records of the Supreme Court.
The online records of the Supreme Court and previous attempts to discover a valid record of the February 22,
2010 Judgment support the notion that no valid record of the February 22, 2010 Judgment exists.
• The online docket of Citizens United v Federal Election Commission states: [iv]
Feb 22, 2010 JUDGMENT ISSUED.
Figure 2: Excerpts from the online docket of the US Supreme Court in Citizens United
v Federal Election Commission
z Page 3/3 May 10, 2011
• "Issuing" of orders and judgments, which are neither certified, nor entered, is a common fraud in the lower
courts. [v] The February 22, 2010 Judgment was not found among the online records of the US Supreme
Court.
• The online records of the US Supreme Court [vi] also show that the Journal for January 21, 2010, the date
of the presumed decision, is missing the typical introductory remark, found in many (but not all) dates of
seating of the court, regarding certification and entry of the orders and decisions.
For example, on January 25, 2010, the immediate next seating of the Court, the Journal says:
Simulated Litigation is today a common practice in both the state and US courts.
The practice of Simulated Litigation is the most common form of corruption of judges and clerks in both the
state and US courts today. It is common in all levels of the US courts, in both obscure and high profile cases.
Two examples of recent cases of Simulated Litigation, which were widely reported by media as valid court
actions are:
• Log Cabin Republicans v United States of America et al (2:04-cv-08425) in the US District Court,
Central District of California (US Judge Virginia Phillips), and its counterpart, the appeal (10-
56634) still underway in the US Court of Appeals, 9th Circuit. The underlying matter is the disputed
Don’t Ask Don’t Tell policy of the armed forces. [viii]
z Page 4/4 May 10, 2011
• So far, the records of Citizens United v Federal Election Commission (08-205) remain vague and
ambiguous, like the vague and ambiguous records of Santa Clara County v. Southern Pacific
Railroad, 118 U.S. 394 (1886), where the Supreme Court was reported to have recognized corporations as
persons for purposes of the Fourteenth Amendment.
• Citizens United v Federal Election Commission presumably accorded corporations First Amendment
rights. However, the First Amendment right of the people, for access to valid and effectual records of the
Supreme Court of the United States, is denied. As a result, so far, there is no way to ascertain, whether in
fact a valid and effectual February 22, 2010 Judgment in Citizens United v Federal Election
Commission was ever certified and entered.
• The US Supreme Court’s case management system, a key to establishing the validity, or lack thereof, of
various Supreme Court records, remains under a veil of secrecy, in apparent violation of First Amendment
and Due Process rights. Claims of online publication of false and deliberately misleading records by the
office of the Clerk of the US Supreme Court were part of the previous request for impeachment of Clerk
William Suter. [xi]
LINKS:
i
0-01-21 Citizens United v Federal Election Commission 130 S.Ct. 876 (2010) at the Supreme Court of the United States - opinion of Prof
Chemerinsky and Wikipedia overview
http://www.scribd.com/doc/41364083/
ii
11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No. 2011-46, in re: February 22, 2010 Judgment
in Citizens United v Federal Election Commission (08-805) -s
http://www.scribd.com/doc/55053218/
iii
Regarding the NEFs as authentication records of the US courts under electronic filing, see:
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly
Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
iv
11-03-16 Citizens United v Federal Election Commission (08-205) in the Supreme Court of the United States - Review and Compiled Online
Records
http://www.scribd.com/doc/50900898/
v
For review of false issuance of invalid records in the US District Court and the US Court of Appeals (PACER and CM/ECF), see:
11-02-09 Press Release: 'Don't Ask, Don't Tell' the US Court of Appeals, 9th Circuit, Insists on Conducting a Pretense Appeal from a Pretense
Judgment of the US District Court
http://www.scribd.com/doc/49070315/
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly
Filed Papers as published in the online PACER dockets
z Page 5/5 May 10, 2011
http://www.scribd.com/doc/46516034/
For review of false issuance of invalid records in the Superior Court of California (eCourt and Sustain), see:
11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) – Fraud turns into Extortion in the Los Angeles Superior Court
http://www.scribd.com/doc/53212710/
09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of
Los Angeles
http://www.scribd.com/doc/46069337/
vi
11-03-16 Citizens United v Federal Election Commission (08-205) in the Supreme Court of the United States - Review and Compiled Online
Records
http://www.scribd.com/doc/50900898/
vii
00-04-00 Report of the First Vienna Convention - Strengthening Judicial Integrity, CICP-6, United Nations Drug Control and Crime Prevention
Center (2000) (See p5-6)
http://www.scribd.com/doc/50364404/
01-03-01 Strengthening Judicial Integrity Against Corruption CICP-10, United Nations Drug Control and Crime Prevention Center (2001) (see p5-6)
http://www.scribd.com/doc/48103697/
viii
11-02-09 Press Release: 'Don't Ask, Don't Tell' the US Court of Appeals, 9th Circuit, Insists on Conducting a Pretense Appeal from a Pretense
Judgment of the US District Court
http://www.scribd.com/doc/49070315/
ix
Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Simulated Litigation and Simulated Banking
Regulation in the United States
http://www.scribd.com/doc/44663232/
x
11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer
fraud in the US courts
http://www.scribd.com/doc/52993968/
xi
11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER s
http://www.scribd.com/doc/47539382/
____
Joseph Zernik, PhD
Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of
California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case
management systems in the precipitous deterioration of the integrity of the justice system in the United States.
_______
http://inproperinla.blogspot.com/
relative to the integrity of the system, have not produced any response that we know of..."LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important
speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable
from courts of third world nations. "Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning
"mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was
triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices
Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
http://www.scribd.com/doc/49586436/
_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
_____________________________
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on
the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
_____