2020 10 01 An Open Letter to Judge Emmet Sullivan, John Gleeson, Sidney Powell and the Prominent Legal Community re: Michael Flynn Matter

An Open Letter to Judge Emmet Sullivan, John Gleeson, Sidney Powell and the Prominent Legal Community re: Michael Flynn Matter

This is a huge wake up call for the urgent need of well-reasoned intervention to provide and demand remedy to the crimes and corruption of American government officials.

While George Floyd was openly murdered by an official who took the law into his own hands, millions of Americans are deprived of their life, liberty and property in secret

by public servant judges and attorneys.

We are an attorney, doctor and business owner writing on behalf of the millions of Americans whose lives are being destroyed by the American government. This letter outlines the issues.

 

  1. THE GLOBAL RAMIFICATIONS OF THE MICHAEL FLYNN MATTER

 

The turmoil unfolding in the Michael Flynn matter epitomizes and is the culmination of the failure of America’s public officials to follow and enforce the law resulting in massive human rights atrocities and civil unrest.  The Michael Flynn matter is a small slice of the global cancer that infests America. America is self destructing before our eyes.  The Constitution and rule of law that is binding on America’s public servant officials in each branch of government has been replaced by lies; judicial and political corruption; crimes; racketeering and propaganda.

  1. THE MICHAEL FLYNN MATTER DEFIES

LEGAL REASONING AND COMMONSENSE                        

The American legal system has become so corrupted and conflicted there is no longer even a semblance of law, order, justice and reason.  The obvious and fundamental foundation of the Constitution, i.e.: Commonsense as made evident in the Federalist Papers [1] is defied in the Flynn matter as is legal reason and logic.

Any reasonable person could only conclude it is William Barr who is acting in conflict of interest.  William Barr is not legally unbiased and neutral.  He is executing the political agenda of Donald Trump, thereby acting in conflict of interest.

The position of the Attorney General is not derived from the Constitution.  It is derived from the Judiciary Act of 1789.  In Marbury v Madison 5 U.S. (1 Cranch) 137 (1803), the Supreme Court unanimously ruled the Judiciary Act of 1789 purporting to extend the Supreme Court’s original jurisdiction beyond that which Article III, Section 2 established was unconstitutional.

As there is no authority under the Constitution for the establishment of the position of attorney general, the Judicial Act creating the position is unconstitutionally vague.  Moreover, certainly the assumption by William Barr of unauthorized/undesignated power and authority is unconstitutional.  Other legal and ethical violations also appear:

  1. The attorney general is also arguably acting in conflict of interest under the Ethics in Government Act of 1978.
  2. 5 CFR § 2635.101 – Basic obligation of public service.[2]
  3. ABA and state bar ethical concerns. [3]
  4. 5 U.S.C. § 3331 – Oath of Office [4]

These issues make it apparent the need for William Barr to be vetted independently by members of the public comparable to a jury/grand jury review.  In the alternative, a special independent Federal monitor should be appointed to replace William Barr.

The unlawful and suspect oversight of the Michael Flynn matter by William Barr has resulted in a confluence of circumstances giving rise to purported “adversary” acts of Judge Emmet Sullivan. In reality, he is acting in compliance with the Constitution to insure the integrity of the administration of the case . The Federalist Papers No. 78 state that the power of judicial review should be used by the judicial branch to protect the liberties guaranteed to the people by the Constitution and to provide a check on the power of the legislature:

[W]here the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. . .[W]henever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.

William Barr is misusing his power by seeking to circumvent the judicial process and usurp the authority of the trial court judge to investigate and adjudicate the motives for dismissing the Flynn charges.  The resulting initial order by the 3 judge panel was illegal and void as determined by the En Banc Panel.[5]

Protecting the integrity of the prosecution function is the responsibility of all government officials and “We the People.”  [6]  Certainly, any reasonable person using Commonsense would conclude it is far too premature to deal with the possible disqualification of Judge Sullivan when the real issue that must be first addressed is the disqualification of William Barr.

The unlawful acts by William Barr in the Michael Flynn matter illustrate only one of the innumerable unlawful tactics employed by William Barr and the office of the Attorney General to obstruct justice; act in conflict of interest and use his position for political gain. “We the People” and the government have repeatedly called for his impeachment and investigation. [7]  The inexcusable failure to hold William Barr accountable by government officials is indicative of the duplicity and dysfunction of our government officials who themselves have also deliberately shielded themselves from access and accountability to the American public by their own diabolically corrupt tactics.

At the root of the lawless government that has become unaccountable to “We the People” is:

  1. its self created, self-serving, unconstitutional pretext of “immunity” and
  2. self-created and self-serving designation of “self-policing” judicial and attorney “oversight committees” to review the acts of judges and attorneys including those that are criminal.  Moreover, ethical violations must be review by independent members of the public.

The pretense of “immunity” and the self serving “committees” are criminally obstructing justice.  The voice of “We the People” and the rule of law as set forth in the Constitution have been overthrown by the insidious coup d’etat of corrupt officials.

III.             THE FLYNN MATTER EPITOMIZES THE DANGEROUS GLOBAL CONSTITUTIONAL CRISES THAT IS THE

MOST IMPORTANT ISSUE IN OUR COUNTRY

The undersigned have a front row seat in the massive corruption arena that has replaced the rule of law in America as we have been subjected to a lawless, illegal “legal” system wherein corrupt judges act above the law and violate the Constitution, thereby criminally obstructing justice; criminally depriving rights under color of law in violation of 18 U.S.C. 241 and 242; and destroying the lives of millions of American citizens.

America now works in reverse.  American government officials who are mandated to follow and enforce the law are not only civilly depriving its citizens of Constitutional due process, but are criminally violating the law.  Instead of being provide whistleblower protection, American citizens who report their criminal acts are attacked, retaliated and subjected to criminal punishment.  Prominent media report U.S. courts as “lawless” and a “rotten carcass.”[8] Thomson Reuters was prompted to do an investigative series on judicial corruption. [9]  America continues to fall in its ratings as a leader on the world stage:

  1. It plummeted to 33rd place on the Freedom House index.[10]
  2. It received its lowest score in 8 years on the transparency index.  [11]
  3. It is not in the top ten Human Development Index lead by Norway.[12]
  4. Even India and Russia have expressed outrage at human rights violations and civil unrest in America. [13]

Has America evolved into a Kleptocracy? [14]

Because the Flynn matter has come to the forefront at this time, this open letter solely addresses the implications of its effects on the rampant corruption in the legal system.

In the next few days and weeks, we will be addressing the global issues, including:

  1. The Machiavellian methods employed by extrajudicial judges who use courts to cause the death and destroy the lives of American citizens and strip the wealth, liberty and rights of American citizens; and
  2. The efforts of the American government to “opt out” of accountability for their human rights atrocities by the international community.  For far too long, the government has attempted to preclude investigation by the International Criminal Court, among other agencies and finally this is being brought to the forefront by a long overdue lawsuit by human rights lawyers.[15]

This is a call to action by responsible American citizens and a request for your response.[16]

We seek a telephone conference or zoom meeting with those receiving this letter to discuss remedy of these human rights atrocities. Please confirm your receipt of this communication and let us know a time for this telephone conference/zoom meeting.

Sincerely,

_s/Barbara Stone

Barbara Stone

Barbara.stone.usa@gmail.com

786.696.7816

_s/Dr. Robert Sarhan

Dr. Robert Sarhan

Drrob2007@yahoo.com

305.358.9971

_s/Eliot Bernstein

Eliot Bernstein

iviewit@gmai.com

561.886.7628

 

Address for all parties: 19 West Flagler Street # 404, Miami, FL  33130

  1. and bcc.: Prominent law school professors; think tanks, media and other interested parties
Erwin Chemerinsky University Of California, Berkeley
Akhil Amar Yale University
Mark Tushnet Harvard University
Jack Balkin Yale University
Laurence Tribe Harvard University
Bruce Ackerman Yale University
Richard Fallon Harvard University
Reva Siegel Yale University
Robert Post Yale University
Eugene Volokh University Of California, Los Angeles
Michael Mcconnell Stanford University
Randy Barnett Georgetown University
Michael Dorf Cornell University
Martin Redish Northwestern University
Sanford Levinson University Of Texas, Austin
Barry Friedman New York University
Lawrence Solum Georgetown University
David A. Strauss University Of Chicago
Steven Calabresi Northwestern University
Douglas Laycock University Of Virginia
Cass Sunstein Harvard University
Richard Epstein New York University, University Of Chicago
William Eskridge, Jr. Yale University
Frederick Schauer University Of Virginia
Adrian Vermeule Harvard University
Daniel Farber University of California, Berkeley

Diane Marie Amann                     University of Georgia

Prominent Judicial and Court Watch Organizations and Think Tanks including:

Judicial Watch

Human Rights Watch

Brookings Institution

Center for American Progress

Freedom House

Aspen Institute

ACLU

Amnesty International

Heritage Foundation

American Enterprise Institute

Cato Institute

Urban Institute

Woodrow Wilson International Center for Scholars

Citizens for Responsibility and Ethics in Washington

Manhattan Institute for Policy Research

Center for Strategic and International Studies

James Goldston  OSJI’s executive director

Media including:

Washington Post

New York Times

L.A. Times

The Atlantic

Tompson Reuters

Washington Examiner

Miami Herald

Lou Dobbs

Associated Press

International Press

 

[1] The Federalist Papers – Library of Congress Research Guides

https://guides.loc.gov › federalist-papers › text-31-40

Aug 13, 2019 – The Federalist Papers: Primary Documents in American History … dictates of commonsense, that they challenge the assent of a sound and … the power of making that provision ought to know no other bounds than

The Federalist Papers Essay 33 Summary and Analysis | GradeSaver

https://www.gradesaver.com › the-federalist-papers › study-guide › summar…

Feb 22, 2020 – Hamilton responds that both clauses are commonsense provisions necessary for any functioning government. If Congress is entrusted with …

Federalist No 83 – The Avalon Project / https://avalon.law.yale.edu › fed83

The rules of legal interpretation are rules of COMMONSENSE, adopted by the courts in the construction of the laws. The true test, therefore, of a just application of them is its conformity to the source from which they are derived.

[2] 5 CFR § 2635.101 – Basic obligation of public service.[2]

 (a) Public service is a public trust. Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each employee shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in supplemental agency regulations.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part….. SEE CODE.

[3] ABA Bar Rules 3-4.3; 4-1.2 (d); 4-1.6; 4-3.3; and 4-8.4 prohibit a lawyer from making false statements, offering evidence known to be false, assisting a client in conduct he/she knows or should know is criminal or fraudulent, fabricating evidence or assisting a witness to testify falsely, committing a criminal act, engaging in conduct involving dishonesty, fraud, deceit, require lawyers reveal material facts to tribunal, prohibit false evidence. Bar Rule 4-1.16 provides a lawyer may not continue assisting a client in conduct the lawyer originally supposed was legally proper but then discovers is criminal or fraudulent.

Lawyer Sanctions § 5.11(b) provide for disbarment when a lawyer engages in “intentional conduct involving dishonesty, fraud, deceit, or misrepresentation that seriously adversely reflects on the lawyer’s fitness to practice.”

[4] 5 U.S.C. § 3331 Oath of Office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath:

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and  allegiance to the same; that I take this obligation freely; without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

[5] “One has a moral responsibility to disobey unjust laws.”  Martin Luther King Jr.

[6] https://www.theatlantic.com/ideas/archive/2020/05/flynns-new-argument-constitutional-nonsense/611770/

[7]The Case for The Impeachment of Attorney General Bill Barr …

www.citizensforethics.org › the-case-for-impeachment-of-attorney-general…

The Case for Attorney General Barr’s Impeachment · Article I of the U.S. Constitution vests the House of Representatives · with the power to impeach a federal …

Attorney General Bill Barr has no respect for law, Dems should …

www.businessinsider.com › Opinion › Politics

Sep 13, 2020 – Beyond impeachment. In normal times, Barr would be impeached at a minimum, but the daily scandal machine has left everyone’s head spinning …

Democrats threaten to impeach William Barr over John …

www.washingtontimes.com › news › sep › democrats-threaten-impeach-wi…

Sep 20, 2020 – Democrats are turning up the heat on William P. Barr, accusing the attorney general of trying to influence the November presidential election …

Impeach Bill Barr.

slate.com › news-and-politics › 2020/09 › impeach-bill-barr

Sep 23, 2020 – After years of attack, Attorney General William Barr and President Donald Trump landed the final blow on congressional oversight on Tuesday, …

Rep. Steve Cohen launches push for Barr impeachment probe …

www.politico.com › news › 2020/06/26 › attorney-general-william-barr-i…

Jun 26, 2020 – Steve Cohen is urging Democrats to consider impeaching Attorney General William Barr, according to a new letter obtained by POLITICO …

Congressman Cohen Introduces Resolution to Investigate and …

cohen.house.gov › Media Center › Press Releases

Congressman Cohen Introduces Resolution to Investigate and Consider the Impeachment of Attorney General William P. Barr. June 30, 2020. Press Release.

Calling for the Impeachment of Attorney General William Barr …

cohen.house.gov › Enewsletters

Sep 18, 2020 – September 18, 2020 Dear Friend, This week, I reiterated my call for the impeachment of Attorney General William Barr after his unacceptable …

Impeach and Remove Attorney General Barr – Action Network

actionnetwork.org › petitions › impeach-remove-attorney-general-barr

But Attorney General William Barr has turned the Justice Department into a political tool to protect Trump and his allies from investigations and accountability.

Nadler says House ‘may very well’ pursue impeachment of …

www.cnn.com › politics › attorney-general-william-barr-testify-congress

Jun 24, 2020 – … his committee “may very well” pursue impeachment of Attorney General William Barr, who’s now set to testify before the committee in late July.

https://time.com/5650974/william-barr-jeffrey-epstein/

[8] The American Justice System Is Broken | National Review

www.nationalreview.com/2016/01/american-justice...

Two relatively recent articles in respected publications have piercingly reminded me of what a rotting carcass much of the American legal system has become.

U.S. heading toward lawlessness – Washington Times

www.washingtontimes.com/news/2017/mar/22/us...

[9] Thousands of U.S. judges who broke laws or oaths

https://www.reuters.com › special-report › usa-judges-misconduct Jun 30, 2020

With ‘judges judging judges,’ rogues on the bench have little to …

https://www.reuters.com › investigates › special-report › usa-judges-deals

[10] https://freedomhouse.org/countries/freedom-world/scores

[11] https://www.transparency.org/en/press/2019-cpi-us-hits-new-low

[12] https://traveljee.com/top-10/top-10-most-advanced-countries-world-modern-era/

[13] https://www.nytimes.com/reuters/2020/06/03/world/europe/03reuters-minneapolis-police-protests-diplomacy.html?smid=em-share

[14] Kleptocracy | Definition of Kleptocracy at Dictionary.com

www.dictionary.com › browse › kleptocracy

Kleptocracy definition, a government or state in which those in power exploit national resources and steal; rule by a thief or thieves. See more.

Kleptocracy Is on the Rise in America – The Atlantic

www.theatlantic.com › magazine › archive › 2019/03 › how-kleptocracy-c…

Russian-Style Kleptocracy Is Infiltrating America. When the U.S.S.R. collapsed, Washington bet on the global spread of democratic capitalist values—and lost.

[15] https://www.theguardian.com/us-news/2020/oct/01/human-rights-lawyers-sue-trump-administration-for-silencing-them

[16] Speaking against injustice isn’t optional.

  • “Nothing strengthens authority so much as silence.” Leonardo da Vinci
  • “If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.”
    Desmond Tutu
  • “Get up, stand up, Stand up for your rights. Get up, stand up, Don’t give up the fight.”Bob Marley.
  • “One has a moral responsibility to disobey unjust laws.”  Martin Luther King Jr.
  • “To sin by silence, when they should protest, makes cowards of men.”  Ella Wheeler Wilcox
  • “Silence becomes cowardice when occasion demands speaking out the whole truth and acting accordingly.”
    Mahatma Gandhi
  • “If I were to remain silent, I’d be guilty of complicity.” Albert Einstein
  • “Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world…would do this, it would change the earth.”  William Faulkner
  • “The most common way people give up their power is by thinking they don’t have any.” — Alice Walker
  • “In the end, we will remember not the words of our enemies, but the silence of our friends.” — Dr Martin Luther King Jr
  • “As long as poverty, injustice and gross inequality persist in our world, none of us can truly rest.” — Nelson Mandela
  • “What is the source of our first suffering? It lies in the fact that we hesitated to speak. It was born in the moment when we accumulated silent things within us.” – Gaton Bachelard
  • “We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. The opposite of love is not hate, it’s indifference.” — Elie Wiesel
  • “Washing one’s hands of the conflict between the powerful and the powerless means to side with the powerful, not to be neutral.” — Paulo Freire
  • “The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people.” — Dr Martin Luther King Jr
AN OPEN LETTER TO JUDGE EMMET SULLIVAN JOHN GLEESON SIDNEY POWELL AND PROMINENT LEADERS OCT 2020
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