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Human Rights Alert

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11-05-17 Citizens United v Federal Election Commission in the US Supreme Court - so


far only a simulated Judgment record has been discovered…
FEC FOIA officer Attorney Sally Bacon is again asked to provide a signed FOIA response letter and a valid,
authenticated judgment record. Citizens United v Federal Election Commission (FEC) is a landmark case,
but the February 22, 2010 Judgment record is nowhere to be found. FEC produced an invalid,
unauthenticated judgment record with an unsigned Freedom of Information (FOIA) response letter…

Los Angeles, May 17 - 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...
Today, Joseph Zernik, PhD, of Human Rights Alert (NGO) again asked FEC Freedom of Information (FOIA)
Officer Attorney Sally Bacon to produce a signed FOIA response on request for a valid February 22, 2010
Judgment and its authentication. [ii]
Bacon’s May 9, 2011 FOIA response was unsigned, and it came with an invalid Judgment record, with no
authentication at all.
“I believe that she is trying to avoid self-incrimination, and that her FOIA-response was deceptive,” says Dr
Zernik.

Figure 1: A fake, simulated bank check record, with an unsigned cover letter.

Recklessly sending false court records and deceptively representing them as valid, authenticated judgments or
orders of the courts is a criminal offense.
z Page 2/2 May 17, 2011

A fake, simulated record was produced by FEC as the February 22, 2010 Judgment of the US Supreme
Court
On May 9, 2011, FEC FOIA Officer Attorney Sally R Bacon provided an unsigned response letter with an
invalid record of the February 22, 2010 Judgment and no authentication by the Clerk of the US Supreme
Court. [iii]

Figure 2: A fake, simulated judgment record, which came with an


unsigned cover letter from FEC FOIA Officer Attorney Sally Bacon,
and was represented as the authenticated February 22, 2010
Judgment in Citizens United v Federal Election Commission in the
US Supreme Court.

The judgment record, which was provided by Attorney Sally Bacon 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 invalid as well.
• Contrary to what was stated in the FOIA response letter [i], the record, which was provided, did
not include true and valid 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.
z Page 3/3 May 17, 2011

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. [iv]

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: [v]
Feb 22, 2010 JUDGMENT ISSUED.

Figure 2: Excerpts from the online docket of the US Supreme Court in Citizens
United v Federal Election Commission

• "Issuing" of orders and judgments, which are neither certified, nor entered, is a common fraud in the lower
courts. [vi] 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 [vii] 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:

The Chief Justice said:


"We have issued orders today, they have been duly entered and certified, and filed with the Clerk." [underline
added -jz]

Previous attempts failed to discover the February 22, 2010 Judgment, as served on parties to the litigation.
• The March 29, 2011 response from Office of Solicitor General to FOIA Request, states:
Neither of these records were found in review of records maintained by the Office of the Solicitor General (OSG).
• The March 24, 2011 response from the Civil Division of the US Department of Justice to FOIA request
states:
The Civil Division does not maintain records relating to that case.
• Request was also forwarded to parties in the case, for a copy of the judgment, which was supposed to have
been noticed and served. One party responded that the February 22, 2010 Judgment was neither served
z Page 4/4 May 17, 2011

nor noticed, in apparent violation of Due Process rights. No party responded that a February 22, 2010
Judgment was either noticed or served.
• Previous attempts to discover valid and effectual judicial records in paper court files of the US Supreme
Court uniformly failed. Access to the electronic records of the US Supreme Court was and is denied, in
apparent violation of First Amendment and Due Process rights.
Efforts to discover a copy of the February 22, 2010 Judgment in Citizens United v Federal Election
Commission continue.
Reports of the United Nations Crime Prevention Center on "Strengthening Judicial Integrity" list missing
court records as a cardinal sign of judicial corruption. [viii]

Simulated litigation is today a common practice in both the state and US courts.

Simulated legal process is defined in the Texas Penal Code (§32.48) as follows:
A person commits an offense if the person recklessly causes to be delivered to another any document that
simulates a summons, complaint, judgment, or other court process…

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. [ix]
• Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) in the US
District Court, Southern District of New York (US Judge Jed Rakoff). The underlying matter is the
unlawful taking of $5.8 billions in bonuses by banking executives during the Merrill Lynch- Bank of
America merger. [x]

Invalid case management systems in the courts are the enabling tools of Simulated Litigation
The practice of Simulated Litigation is probably as old as the courts themselves. Over centuries, record
keeping of the courts, the core of Due Process, evolved to prevent it. Implementation of computerized case
management systems in the state and US courts, where the nature of signatures and authentication was
left vague and ambiguous, is claimed to be central to the widespread practice of Simulated Litigation.
Request for review of the evidence of fraud in the computerized records of the US District Courts and Courts
of Appeals (PACER and CM/ECF) was previously forwarded to Harvard Law Professor Yochai Benkler, an
expert on computers and the law. [xi]
Needless to say, computer technology could have had the opposite effect, enhancing court transparency and
integrity, if correctly implemented.

In conclusion:

• 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.
z Page 5/5 May 17, 2011

• 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.
• 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. [xii]
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
11-05-13 Repeat request for acknowledgment of receipt of a request for a signed FOIA response by FEC in re: February 22, 2010 Judgment in
Citizens United v Federal Election Commission (08-805).
http://www.scribd.com/doc/55610098/
iii
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/
iv
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/
v
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/
vi
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
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/
vii
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/
viii
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/
ix
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/
x
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/
xi
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/
xii
11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER s
http://www.scribd.com/doc/47539382/
____
z Page 6/6 May 17, 2011

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.

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_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences."
http://www.scribd.com/doc/50753639/
Prof Paul Krugman, MIT (2011)
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* ”...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are
convicted."
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated
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/
_____