Civil Lawsuit – John Malcolm

Meet Soros-Funded Domestic Terrorist Brett Kimberlin Whose ‘Job’ is Terrorizing Bloggers Into Silence

May 25, 2012 by John Malcolm 2 Comments

By Tiffany Gabbay | May 25, 2012 | The Blaze

Drug dealer, alleged child molester, and convicted perjurer, forger and Indiana Speedway Bomber (who is also believed to have played a role in the assassination of a grandmother), Brett Kimberlin spent 17 years in prison before his ultimate re-absorption into American society
He started a non-profit dubbed “Justice Through Music (JTM)” that has, since at least 2005, been funded by George Soros’ Tides Foundation and Barbara Streisand among other leftists
Along with his associate, Kimberlin also started an organization called “Velvet Revolution” that supports the Occupy movement
JTM’s goal is to use music to foster “social justice” and fight Republican “voter fraud” (like the kind George Bush allegedly used to “steal” the Florida election)
Any blogger — conservative and liberal alike — who has written the truth about Kimberlin has come under vicious attack by either Kimberlin or his minions, suffering death threats (veiled and unveiled), multiple lawsuits, loss of jobs and worse
He has filed over 100 frivolous lawsuits against anything that isn’t nailed down and somehow is being allowed to continue unchecked
This story has never been reported on in the mainstream media

The Supreme Court Again Upholds Your Right to Be Framed

May 4, 2012 by John Malcolm 1 Comment

By R.B. Parrish | May 4, 2012 | American Thinker

“A prosecutor … may receive absolute immunity from suit for acts violating the Constitution in order to advance important societal values.” -Elena Kagan, Solicitor General, 2009

After the Civil War, Congress passed several civil rights laws, including one allowing anyone whose said rights had been violated to sue those responsible, especially if these had been acting “under color of law” — that is, as part of law enforcement.

Naturally, judges, prosecutors, and police have hated that provision ever since, and the courts have done their best to bleed it of meaning.

In 2009, Elena Kagan, then-solicitor general, argued before the Supreme Court that prior to trial, a defendant has no right not to be framed, because false evidence does no real harm until it is actually used in court.

“Fabrication Of Evidence During An Investigation Does Not, By Itself, Violate The Constitution” read one of the subject headings of her brief. And she quoted the opinion of a lower court:

“We do not see how the existence of a false police report, sitting in a drawer in a police station, by itself deprives a person of a right secured by the Constitution and laws.” (Pottawattamie vs. McGhee)

Justice was never so blind as this — but the Supremes, sitting as the very foundation of the legal establishment, didn’t bat an eye to object. Indeed, one might have expected them to sing along in chorus.

It is the prosecutors, according to this point of view, who need to be protected — they are the ones in danger of being sued. Hence, society’s primary interest must be in preserving their “courage and independence.” (What prosecutor will pursue a case if he fears he will be sued afterward?) And if this results in some innocent persons suffering and left without redress, that is just the price we have to pay “in order to advance important societal values” — that is, that same “courage” of our prosecutors.

This month, the Supremes (Rehberg v. Paulk, 9-0) have extended that concept: protection against suits is now affirmed not only for prosecutors, but also for witnesses…and even police officers when they testify. And if those officers lie, it does not lessen the interest society has in preserving the principle (or establishing it anew) that pesky lawsuits must not be allowed to throw a beam into the spokes of justice.

Witnesses “might be reluctant to come forward to testify,” and even if a witness took the stand, the witness “might be inclined to shade his testimony in favor of the potential plaintiff” for “fear of subsequent liability.”

As for police officers:

If police officer witnesses were routinely forced to defend against claims based on their testimony, their “energy and attention would be diverted from the pressing duty of enforcing the criminal law.”

Fair enough. As well:

[A] police officer witness’ potential liability … could influence decisions on appeal and collateral relief[.]

So let the officers lie. If it’s before trial, then no harm, no foul.

How does this play out in the real world? The vast majority of criminal cases never go to trial at all; they are settled with plea bargains.

Read the full article here.

The Kagan Deception (usapartisan.com)
Elena Kagan, how could this Socialist in black pass confirmation? (icanbeatobama.com)
Kagan: Going From O’s Solicitor to Supreme Court ‘Not a Change at All’ (theconservativehillbilly.wordpress.com)
Kagan: Going From O’s Solicitor to Supreme Court ‘Not a Change at All’ (mikesright.wordpress.com)
John McCain: I’m Voting Against Elena Kagan (cbsnews.com)

Filed Under: Cultural Marxism, Police State Tagged With: Civil Lawsuit, Civil Rights, Civil War, Color of Law, Congress, Conviction, Courts, Criminal Law, Critical Legal Studies, Critical Theory, Deceit, Defendant, Distortion, District Attorney, Due Process, Duke University Lacrosse Players, Elena Kagan, Equal Justice, Evidence, Fabrication, Fair Trial, False Confessions, Falsification, Federal Government, Framed, Gangs, Grand Jury, Hate Crime, ill of Rights, Immunity, Intimidation, Investigations, James Beaty, Judges, Jurisprudence, Justice, Law, Law Enforcement, Lawsuits, Legal Establishment, Liabilityy, Lie, Lower Court, Mainstre, Mainstream Media, Malik Zulu Shabazz, Mike Nifong, NAACP, Natural Law, Natural Rights, NBBP, New Black Panther Party, Opinions, Perjury, Plea Bargain, Police, Police Officers, Political Correctness, Pottawattamie vs. McGhee, Presumed Innocent, Prison, Prosecutor, Racism, Rape, Redress of Grievances, Rehberg v. Paulk, Reverse Discrimination, Sacred Oath, Semantic Deception, Slavery, Slaves, Societal Values, Solicitor General, Supreme Court, Testify, Threat, Totalitarianism, Trial, U.S. Constitution, Unalienable Rights, Walter White, Witness, Witnesses

Wisconsin Teachers Union Threatens Parent for Challenging Union Abuses

April 26, 2012 by John Malcolm Leave a Comment

By Education Action Group | April 25, 2012 | Breitbart

RACINE, Wis. – Former Racine Unified school district board member Brian Dey has had his fair share of run-ins with the district’s teachers union.

He proposed Act 10-style cuts when he served on the board between 2005 and 2008. More recently, he pressed school officials to launch an investigation into the union’s allegedly illegal campaigning on school property.

But it was the outspoken education reformer’s comments about the apparent union connection to a “Student Bill of Rights” that prompted a Wisconsin Education Association Council attorney to threaten a defamation lawsuit to shut him up.

It didn’t work.

In an interview with EAGnews.org, Dey said he was somewhat surprised by the threatening letter he received from the WEAC earlier this month, but the experience has only strengthened his resolve to speak out about union abuses and the benefits of Act 10 in Wisconsin’s public schools.

“Initially I laughed because it’s similar to threats (from the union) in districts across the state against those who come out … for Act 10 and Scott Walker,” Dey said. “I’m not intimidated, nor am I going to be quiet about it.

“I don’t agree with collective bargaining for professionals, I just don’t.”

Collective bargaining for teachers is somehow at the center of a “Student Bill of Rights” allegedly drafted by students in Milwaukee and Racine, most of whom have been inducted into the radical group Youth Empowered in the Struggle (YES).

YES is led by left-wing Horlick High School teacher Al Levie, who is prone to dragging his students with him to protest and heckle lawmakers he doesn’t agree with. YES and Levie are also tied to Voces de la Frontera, an organization that advocates for extremely liberal immigration policies and collective bargaining privileges.

Teachers involved with YES are WEAC members, and a central issue of the “Student Bill of Rights” conveniently mirrors the union’s top priority – collective bargaining. The fact that students introduced the document after marching from Big Labor headquarters in Racine has convinced Dey that WEAC likely is involved with the “student effort.” He has spoken up about the issue on blogs and online news forums.

Now, WEAC’s high-dollar attorney wants Dey to shut his mouth about the situation, and to stop talking about union abuses he has highlighted for taxpayers in the past.

Cease and desist

Here are some excerpts from WEAC’s cease and desist letter, sent to Dey by union attorney Jina Jonen:

“I have received information that you have made defamatory and other false statements about the Racine Education Association (REA), Mr. Jack Bernfeld (REA Executive Director) and Mr. Pete Knotek (REA President) to the public, and in particular, on your blog and in the press.

“To give a few examples, contrary to your statements, the REA and/or its representatives:

– Did not draft or participate in drafting the student bill of rights;
– Did not organize any “sick out” last year when Governor Walker and his legislature stripped teachers of their right to have a voice in making educational decisions that drastically impact students and our schools;
– Did not advocate for or participate in any illegal actions regarding political campaigns, Act 10 or any other matters.”

Jonen then threatened Dey with a lawsuit if he doesn’t keep quiet.

Read the full article here.