Petition for Writ of Certiorari — Jack Jordan, Petitioner v. United States Court of Appeals for the District of Columbia
Supreme Court briefApr 2, 2024
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23-
7
ORIGINAL
No. 23-
FILED
APR 0 2 2024
Ilti
Supreme Court of tfie finite!) States
JACK JORDAN,
Petitioner,
v.
i
UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT,
I
Respondent.
i
i
On Petition For Writ Of Certiorari
To The United States Court Of Appeals
For The District Of Columbia Circuit
i
PETITION FOR WRIT OF CERTIORARI
i
Jack Jordan
3102 Howell Street
North Kansas City, Missouri 64116
courts@amicuslaw.us
(816) 853-1142
i
I
received
APR - 4 2024
°^SBPrW%CLERK
I
1
QUESTIONS PRESENTED
1. Whether any federal law or the U.S. Constitu
tion authorize any federal judge to penalize or punish
any person because such person stated in written fed
eral court filings that one or more federal judges know
ingly violated rights and freedoms expressly secured to
persons by the U.S. Constitution and federal laws or
that such judge(s) committed federal offenses {e.g., in
18 U.S.C. 241, 242, 371, 1001, 1341, 1343, 1349, 1512
or 1519).
2. When an attorney challenges reciprocal dis
barment, whether federal law or the U.S. Constitution
authorize any federal court (including the U.S. Su
preme Court) to disbar an attorney (i.e., deprive the at
torney of his liberty and property, e.g., license to
practice his profession in such court) for purported
misconduct without such federal court, itself, expressly
identifying the particular standard(s) of conduct such
court concluded were relevant, identifying the attorney
conduct that purportedly violated any such standard,
identifying the facts material to proving how any such
attorney conduct violated any such standard, and iden
tifying the evidence that was admissible and admitted
to prove all material facts.
11
QUESTIONS PRESENTED—Continued
3. When an attorney challenges reciprocal dis
barment and requests a hearing, whether federal law
governing federal courts or the U.S. Constitution au
thorize any federal court (including the U.S. Supreme
Court) to disbar such attorney before affording such at
torney advance notice of the standards such court (at
least initially) concluded were violated and the conduct
that such court (at least initially) concluded violated
any such standard and a hearing, in compliance with
the Federal Rules of Evidence, regarding any issue
identified (in federal law, our Constitution or U.S. Su
preme Court precedent) as relevant.
Ill
DIRECTLY RELATED PROCEEDINGS
U.S. Court ofAppeals, District of Columbia Circuit (dis
barment):
In re Jordan, No. 23-8505 (Nov. 14, 2023),
reh’ng and reh’ng en banc denied (Jan. 3,
2024).
INDIRECTLY RELATED PROCEEDINGS
Kansas Supreme Court (disbarment)
In re Jordan, 316 Kan. 501, 518 P.3d 1203
(2022), cert, denied sub nom. Jordan v. Kan.
Disciplinary Adm’r, 143 S. Ct. 982 (2023) (No.
22-684).
U.S. Supreme Court (disbarment)
In re Disbarment of Jordan, 143 S. Ct. 2605
(June 5, 2023), recon. denied 144 S. Ct. 259
(Oct. 2, 2023).
U.S. Court of Appeals, Eighth Circuit (disbarment):
Jordan u. U.S. Dept, ofLabor, No. 20-2494 (8th
Cir. Nov. 2, 2021), recon. denied (Nov. 17,
2021), cert, denied sub nom. Jordan v. DOL,
142 S. Ct. 2649 (2022) (No. 21-1180).
U.S. Court of Appeals, Tenth Circuit (disbarment):
In re Jordan, 2023 U.S. App. LEXIS 16506
(Jan. 3, 2023), recon. denied (Jan. 20, 2023),
cert, denied sub nom. Jordan u. United States
Ct. ofAppeals, 143 S. Ct. 2661 (2023) (No. 221029).
i
IV
INDIRECTLY RELATED PROCEEDINGS—
Continued
U.S. Court of Appeals, District of Columbia Circuit:
Jack Jordan v. U.S. Dept, of Justice, No. 225289 (Apr. 11, 2023) (summary affirmance of
denial of motion under Fed.R.Civ.P. 60 re:
Powers’ email), reh’ng and reh’ng en banc de
nied (July 20,2023), cert, denied (Jan. 8,2024)
(No. 23-533).
Jack Jordan u. U.S. Dept, of Labor, No. 195201 (summary affirmance of summary judg
ment re: Powers’ email) (Jan. 16, 2020) reh’ng
denied (Feb. 18, 2020), cert, denied sub nom.
Jordan v. DOL, 141 S. Ct. 640 (Oct 19, 2020)
(No. 20-241).
Jack Jordan v. U.S. Dept, of Labor, No. 185128 (summary affirmance of summary judg
ment re: Powers’ email) (Oct. 19,2018), reh’ng
and reh’ng en banc denied (Jan. 24, 2019).
V
TABLE OF CONTENTS
Page
QUESTIONS PRESENTED......................
1
PETITION FOR WRIT OF CERTIORARI
1
DECISIONS BELOW.................................
1
JURISDICTION...................................... .
1
CONSTITUTIONAL AND STATUTORY
PROVISIONS INVOLVED.....................
1
STATEMENT OF THE CASE...................
6
REASONS FOR GRANTING THE WRIT.
11
I.
II.
III.
IV.
V.
VI.
i
Judges’ Retaliation Against Petitioner
Was Blatantly Unconstitutional View
point Discrimination...................................
Judges Repressing Criticism Violated the
First Amendment (and Much More of Our
Constitution).................................................
The First, Fifth and Fourteenth Amend
ments and Criminal Statutes Protect At
torney Speech/Petitions..............................
Before Punishing Attorney Speech or Peti
tions, Courts Must Prove Material Facts ...
Judges Failing to Justify Their Conduct
Are Essentially Mere Con Men, Priests or
Tyrants.........................................................
Using Judges’ Hearsay Against Petitioner
Irrefutably Was Illegal and Unconstitu
tional..............................................................
11
13
29
35
39
44
VI
TABLE OF CONTENTS—Continued
Page
VII. This Is a Clean Vehicle to Address Outra
geous Violations of Our Constitution........ 46
CONCLUSION........................................................ 47
APPENDIX
In re: Jack Jordan, No. 23-8505 (D.C. Cir. Nov.
14, 2023) (disbarment order)........................... App. 1
In re: Jack Jordan, No. 23-8505 (D.C. Cir. Aug.
22, 2023) (denying oral argument).... ............. App. 3
In re: Jack Jordan, No. 23-8505 (D.C. Cir. Apr.
24, 2023) (discharging show cause order;
denying hearing; treating review of state
court order as a federal appeal)....................... App. 4
In re: Jack Jordan, No. 23-8505 (D.C. Cir. Feb.
10, 2023) (order to show cause re: reciprocal
disbarment based on state court order)......... App. 7
In re: Jack Jordan, No. 23-8505 (D.C. Cir. Jan. 3,
2024) (denying rehearing en banc)................. App. 9
Vll
TABLE OF AUTHORITIES
Page
Cases
303 Creative LLC v. Elenis,
143 S. Ct. 2298 (2023)............
12-14
Acheson Hotels, LLC v. Laufer,
144 S. Ct. 18 (2023)................
42
Alleyne v. United States,
570 U.S. 99 (2013)...................
23
Anderson v. Liberty Lobby, Inc.,
All U.S. 242 (1986)................
34
Bank Markazi v. Peterson,
136 S. Ct. 1310 (2016)............
41
BE&K Constr. Co. v. NLRB
536 U.S. 516 (2002)................
27
Berry v. Schmitt,
688 F.3d 290 (6th Cir. 2012)..
39
Bond v. United States,
572 U.S. 844 (2014)................
42
Briscoe v. Lahue,
460 U.S. 325 (1983).................
31
California v. Green,
399 U.S. 149 (1910)................
46
Cohen v. Hurley,
366 U.S. 117 (1961)................
32
Cohens v. Virginia,
19 U.S. (6 Wheat.) 264 (1821)
40
Connick v. Myers,
461 U.S. 138 (1983).............
17, 23, 28
f
Vlll
TABLE OF AUTHORITIES—Continued
Page
Dennis v. Sparks,
449 U.S. 24 (1980).................
31,44
District of Columbia u. Heller,
554 U.S. 570 (2008)...............
19, 20
Dred Scott u. Sandford,
60 U.S. 393 (1857).................
29, 30
Etting v. U.S. Bank,
24 U.S. 59 (1826)....................
42
Ex parte Virginia,
100 U.S. 339 (1880).....:.........
30
First Nat’l Bank v. Bellotti,
435 U.S. 765 (1978)...............
23
Gamble u. United States,
139 S. Ct. 1960 (2019)...........
43
Garcetti v. Ceballos,
547 U.S. 410 (2006)...............
23, 28
Garrison v. Louisiana,
379 U.S. 64 (1964).................
10,17,18, 23, 38
Gentile u. State Bar of Nevada,
501 U.S. 1030 (1991)..............
26
Gravel v. United States,
408 U.S. 606 (1972)...............
44
Hishon v. King & Spalding,
467 U.S. 69 (1984)..................
12,13
Imbler v. Pachtman,
424 U.S. 409 (1976).............
31
IX
TABLE OF AUTHORITIES—Continued
Page
■i
f
Iancu v. Brunetti,
139 S. Ct. 2294 (2019).......................
12
In re Jordan,
316 Kan. 501, 518 P.3d 1203 (2022)
10
In re Primus,
436 U.S. 412 (1978)............................
10
In re Palmisano,
70 F.3d 483 (7th Cir. 1995)................
9
In re Pyle,
156 P.3d 1231 (Kan. 2007)................
9
In re Ruffalo,
390 U.S. 544 (1968)............................
34
James v. City of Boise,
577 U.S. 306 (2016)............................
43
Kisor v. Wilkie,
139 S. Ct. 2400 (2019)........................
43
Konigsberg v. State Bar of Cal.
353 U.S. 252 (1957)............................
32, 35
Landmark Commc’ns, Inc. v. Virginia,
435 U.S. 829 (1978)............................
...15
Legal Services Corp. v. Velazquez,
531 U.S. 533 (2001)............................
32
Mackay v. Easton,
86 U.S. 619 (1873)..............................
45
Marbury v. Madison,
5 U.S. (1 Cranch) 137 (1803)............
39, 42
X
TABLE OF AUTHORITIES—Continued
Page
Martin v. Hunter’s Lessee,
14 U.S. (1 Wheat.) 304 (1816).
44
Matal v. Tam,
582 U.S. 218 (2017)..................
12
Milkovich v. Lorain Journal Co.,
497 U.S. 1 (1990)......................
10,18,19, 38
Miranda u. Ariz.,
384 U.S. 436 (1966)..................
40
Mitchum v. Foster,
407 U.S. 225 (1972)..................
30
N.A.A.C.P. v. Button,
371 U.S. 415 (1963)..................
10,16, 23, 27, 28, 35
N.Y. State Rifle & Pistol Ass’n v. Bruen,
142 S. Ct. 2111 (2022)..................
Near v. Minn.,
283 U.S. 697 (1931)......................
19, 20, 37
14
New York Times Co. v. Sullivan,
376 U.S. 254 (1964)..................... 10,15-17, 24, 28, 35
Nitro-Lift Techs., L.L.C. v. Howard,
568 U.S. 17 (2012).........................
43
Nixon v. Warner Commc’ns,
.435 U.S. 589 (1978)......................
22
Olmstead v. United States,
277 U.S. 438 (1928)......................
40
Pickering v. Board of Ed.,
391 U.S. 563 (1968)...................
10,18
XI
TABLE OF AUTHORITIES—Continued
Page
i
Quercia v. United States,
289 U.S. 466 (1933)...................... ....
45
Reedv. Town of Gilbert,
576 U.S. 155 (2015)...........................
36
Republican Party v. White,
536 U.S. 765 (2002)..................... .
36
Roberts v. United States Jaycees,
468 U.S. 609 (1984)...........................
12
Rosenberger v.
Rector & Visitors of the Univ. ofVa.
515 U.S. 819 (1995)...........................
11
Rosenblatt v. Baer,
383 U.S. 75 (1966).............................
17,18
Roth v. United States,
354 U.S. 476 (1957)...........................
14
Rucho u. Common Cause,
139 S. Ct. 2484 (2019)......................
42
Selling v. Radford,
243 U.S. 46 (1917).............................
33
Shurtleff v. City of Bos.,
142 S. Ct. 1583 (2022)......................
11,12
Snyder v. Phelps,
562 U.S. 443 (2011)...........................
17, 37
Speiser v. Randall,
357 U.S. 513 (1958)...........................
36
Spevack v. Klein,
385 U.S. 511 (1967)...........................
23,31
Xll
TABLE OF AUTHORITIES—Continued
Page
Standing Comm, on Discipline of
the United States Dist. Court v. Yagman,
55 F.3d 1430 (9th Cir. 1995)........................
38, 39
Sweeney v. Patterson,
76 U.S.App.D.C. 23,128 F.2d 457 (1942)...
17
Thornhill v. Alabama,
310 U.S. 88 (1940).........................................
14, 37
Thryu, Inc. v. Click-To-Call Techs., LP,
140 S. Ct. 1367 (2020)..................................
42
Trump v. Anderson,
144 S. Ct. 662, 218 L. Ed. 2d 1 (2024)......
33
Turkiye Halk Bankasi A.S. v. United States,
143 S. Ct. 940 (2023)....................................
42
United Mine Workers v. Illinois Bar Ass’n,
389 U.S. 217 (1967).......................................
23, 27
United States v. Benjamin Brandon Grey,
891 F.3d 1054 (D.C. Cir. 2018)....................
45
United States v. Classic,
313 U.S. 299 (1941).......................................
30
United States v.
Playboy Entertainment Group, Inc.,
529 U.S. 803 (2000).......................................
36
United States u. Price,
383 U.S. 787 (1966).......................................
30
United States v. Trump,
91 F.4th 1173 (D.C. Cir. 2024).....................
30
i
Xlll
TABLE OF AUTHORITIES—Continued
Page
United States v. Vaello-Madero,
142 S.Ct. 1539 (2022)....................
29
United States v. Will,
449 U.S. 200 (1980)......... ...............
40
United States v. Wiltberger,
18 U.S. (5 Wheat.) 76 (1820).........
24
United States v. Windsor,
570 U.S. 744 (2013)........................
43
Ward v. Rock Against Racism,
491 U.S. 781 (1989)........................
13
West Virginia Bd. of Ed. v. Barnette,
319 U.S. 624 (1943)........................
14
Whitney v. California,
274 U.S. 357 (1927)........................
13
Williams-Yulee v. Fla. Bar,
575 U.S. 433 (2015)........................
41
Wood v. Georgia,
370 U.S. 375 (1962)....................
37
Constitution and Statutes
U.S. Const.
Amend. I
1,11-14, 16, 17,19, 20, 22,
.... 28, 29, 34, 36-39, 41,43
Amend. V....
........... 2,14, 22, 26, 29, 31
Amend. X....
2, 22
Amend. XIV
2,14,16, 22, 27, 29, 31,41
XIV
TABLE OF AUTHORITIES—Continued
Art. Ill..................
Art. IV...................
Art. VI...................
5U.S.C. 3331.............
18U.S.C. 241.............
18U.S.C. 242............
18U.S.C. 371.............
18U.S.C. 1001...........
18U.S.C. 1519...........
28U.S.C. 2071...........
28U.S.C. 2072...........
28U.S.C. 2074...........
Kan. Stat. Ann. 60-460
Rules
FED.R.APP.P. 46.
FED.R.EVID. 101
FED.R.EVID. 301
FED.R.EVID. 602
FED.R.EVID. 603
FED.R.EVID. 605
FED.R.EVID. 614
FED.R.EVID. 802
Page
..2, 3,22
3, 22,44
3,22
39
....4, 6, 22, 30, 31, 39
4, 6, 22, 30, 31, 34, 39
......... 4, 6, 22,30, 39
................... 5,6, 39
6
45
45
45
45
35
44
44
45
45
45
45
45
XV
TABLE OF AUTHORITIES—Continued
Page
FED.R.EVID. 803..
45
FED.R.EVID. 806..
45
FED.R.EVID. 1101
44
Kan.R.Prof.C. 8.2..
9
Other Authorities
Address of the General Assembly of Virginia
(1799) (James Madison).......................................
25
Amendments to the Constitution (1789) (James
Madison)....................... ..........................................
24
Declaration of Independence (1776).....................
21
The Federalist Papers
No. 51 (James Madison).......................................
24
No. 78 (Alexander Hamilton)..............................
23
No. 83 (Alexander Hamilton)..............................
23
No. 84 (Alexander Hamilton)..............................
23
Report of 1800 on the Virginia Resolutions of
1798 (James Madison).........................................
25
Virginia Declaration of Rights (1776)...................
21
Virginia Resolutions of 1798 (James Madison)...
25
1
PETITION FOR WRIT OF CERTIORARI
Petitioner Jack Jordan respectfully petitions for a
writ of certiorari to review the judgment of the U.S.
Court of Appeals for the District of Columbia Circuit.
DECISIONS BELOW
The orders disbarring Petitioner (App. 1-2) and
denying rehearing en banc (App. 9) are unreported but
available at 2023 U.S. App. LEXIS 30393 and 2024 WL
55399, respectively.
JURISDICTION
Judgment was entered on November 14, 2023. A
timely-filed petition for rehearing en banc was denied
on January 3, 2024. This Court has jurisdiction under
28 U.S.C. 1254(1).
CONSTITUTIONAL AND
STATUTORY PROVISIONS INVOLVED
U.S. Const. Amend. I:
Congress shall make no Jaw . . . abridging the
freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to pe
tition the Government for a redress of griev
ances.
2
U.S. Const. Amend. V:
No person shall... be deprived of life, liberty,
or property, without due process of law. . . .
U.S. Const. Amend. X:
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
U.S. Const. Amend. XIV, §1:
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof,
are citizens of the United States and of the
State wherein they reside. No State shall
make or enforce any law which shall abridge
the privileges or immunities of citizens of the
United States; nor shall any State deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within
its jurisdiction the equal protection of the
laws.
U.S. Const. Art. Ill, §1:
The judicial Power of the United States, shall
be vested in one supreme Court, and in such
inferior Courts as the Congress may from
time to time ordain and establish. The Judges,
both of the supreme and inferior Courts, shall
hold their Offices during good Behaviour, and
shall, at stated Times, receive for their Ser
vices, a Compensation, which shall not be di
minished during their Continuance in Office.
3
U.S. Const. Art. Ill, §2:
The judicial Power shall extend to all Cases,
in Law and Equity, arising under this Consti
tution, the Laws of the United States, and
Treaties made, or which shall be made, under
their Authority . . . [and] to Controversies to
which the United States shall be a Party. . ..
U.S. Const. Art. IV, §2, cl. 1:
The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in
the several States.
U.S. Const. Art. IV, §4:
The United States shall guarantee to every
State in this Union a Republican Form of Gov
ernment. . . .
U.S. Const. Art. VI:
This Constitution, and the Laws of the United
States which shall be made in Pursuance
thereof; and all Treaties made, or which shall
be made, under the Authority of the United
States, shall be the supreme Law of the Land;
and the Judges in every State shall be bound
thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwith
standing.
The Senators and Representatives before
mentioned, and the Members of the several
State Legislatures, and all executive and judi
cial Officers, both of the United States and of
4
the several States, shall be bound by Oath or
Affirmation, to support this Constitution. . . .
18 U.S.C. 241:
If two or more persons conspire to injure, op
press, threaten, or intimidate any person in
any State, Territory, Commonwealth, Posses
sion, or District in the free exercise or enjoy
ment of any right or privilege secured to him
by the Constitution or laws of the United
States, or because of his having so exercised
the same . .. They shall be fined under this ti
tle or imprisoned not more than ten years, or
both. ...
18 U.S.C. 242:
Whoever, under color of any law, statute, ordi
nance, regulation, or custom, willfully sub
jects any person in any State, Territory,
Commonwealth, Possession, or District to the
deprivation of any rights, privileges, or im
munities secured or protected by the Consti
tution or laws of the United States . . . shall
be fined under this title or imprisoned not
more than one year, or both. . . .
18 U.S.C. 371:
If two or more persons conspire either to com
mit any offense against the United States, or
to defraud the United States, or any agency
thereof in any manner or for any purpose, and
one or more of such persons do any act to ef
fect the object of the conspiracy, each shall be
5
fined under this title or imprisoned not more
than five years, or both.
18 U.S.C. 1001:
(a) Except as otherwise provided in this sec
tion, whoever, in any matter within the juris
diction of the executive, legislative, or judicial
branch of the Government of the United
States, knowingly and willfully—
(1) falsifies, conceals, or covers up by
any trick, scheme, or device a material
fact;
(2) makes any materially false, ficti
tious, or fraudulent statement or repre
sentation; or
(3) makes or uses any false writing or
document knowing the same to contain
any materially false, fictitious, or fraudu
lent statement or entry;
shall be fined under this title, imprisoned not
more than 5 years. .. .
(b) Subsection (a) does not apply to a party
to a judicial proceeding, or that party’s coun
sel, for statements, representations, writings
or documents submitted by such party or
counsel to a judge or magistrate in that pro
ceeding.
6
STATEMENT OF THE CASE
Every federal offense quoted above applies to the
judicial misconduct Petitioner addressed herein or in
the court filings for which Petitioner was disbarred.
U.S. Supreme Court (“SCOTUS”) and federal ap
peals court judges knowingly violated Petitioner’s
rights secured by federal law and the Constitution.
They helped conceal evidence of criminal judicial mis
conduct, and they disbarred Petitioner to do so. Then,
SCOTUS Justices lied to America.
They trumpeted their so-called Code “[t]o dispel” a
purported “misunderstanding that” they “regard
themselves as unrestricted” by “ethics rules.” Code of
Conduct, Statement of the Court (11/13/2023). For such
purpose, all “undersigned” Justices represented that
they “subscribe to this Code” and “Commentary.” Id. at
9. They knowingly misrepresented that they already
did (and would) “comply with” the “Constitution,” in
cluding “Arndt. 5 (due process clause).” Id. at 13 (Com
mentary).
Repeatedly, Petitioner previously stated and
proved that administrative and federal judges (and at
torneys employed by federal agencies or Littler Mendelson, PC.) knowingly misrepresented facts, evidence
or legal authorities and committed federal offenses in
18 U.S.C. 241, 242, 371,1001,1519. They knowingly vi
olated the Constitution and federal laws (federal rules
of procedure and evidence, the Freedom of Information
Act (“FOIA”) or the Administrative Procedure Act).
7
They committed crimes to conceal, by concealing
or helping conceal evidence, e.g., of whether text re
dacted from one or two emails was protected by the at
torney-client privilege (and FOIA Exemption 4),
specifically, because it contained one (or two) privilege
notations (purportedly quoted) or expressly requested
an attorney’s “legal advice” or “input and review.” Such
request (if real) must include non-commercial words
which no agency lawfully can conceal, e.g., “please ad
vise regarding” or “please review and provide input.”
See SCOTUS No. 23-533 (petition).
No one ever even attempted to prove that federal
law permitted concealing evidence that judges and at
torneys lied about the foregoing notation(s) or re
quests). See, e.g., SCOTUS Nos. 23-533, 21-1320, 211350,21-1180,20-420, 20-241 (petitions, waivers of op
position).
No one ever even attempted to show that any rel
evant Petitioner statement of fact or law was false or
misleading. Government attorneys refrained from do
ing so even though Petitioner repeatedly apprised
them of their duty and the consequences of violating it.
Compare waivers filed regarding all SCOTUS petitions
cited on pages iii-iv, above, with U.S.Sup.Ct.R. 15.2
(“Counsel” have “an obligation to the Court to point
out” promptly “any perceived misstatement” of “fact or
law” in “the petition” bearing “on what issues properly
would be before the Court.” “Any objection” based on
“what occurred in the proceedings below” may other
wise “be deemed waived.”).
8
Instead, federal judges retaliated by having state
judges disbar Petitioner and then federal judges “re
ciprocally” disbarred Petitioner. SCOTUS and federal
appeals court judges failed to (ever) identify any rule
they concluded Petitioner violated, any Petitioner
speech/petition they concluded violated any rule, or
any fact or evidence they considered material or rele
vant. Cf. App. 1-2, 9; page iii, above (additional disbar
ment decisions). No one ever even disputed anything
Petitioner wrote showing that federal disbarments
were unconstitutional and criminal.
A D.C. Circuit clerk ordered Petitioner to “show
cause” why he could not be disbarred because of mere
“issu[ance]” of a “Kansas Supreme Court” (“KSC”) “or
der.” App. 7. After Petitioner showed cause, judges (il
legally) denied Petitioner’s request for hearing and
(illegally) treated disbarment as an appeal (of a state
order). App. 4-6. More judges denied oral argument.
App. 3. Without any substantive justification, judges
summarily disbarred Petitioner and denied rehearing.
App. 1-2, 9.
No decision disbarring Petitioner was—or can
be—justified with any controlling legal authority or
material fact thereunder. Every such proceeding was a
frivolous, fraudulent sham.
The retaliating judges usurped (and helped other
judges usurp) power to commit federal offenses and
knowingly violate our Constitution. They proved our
judicial system is an obvious (and often criminal) con
fidence game and many judges are con men. They
9
showed how judges rig their game. They conspired sys
tematically to attack and undermine our Constitution.
As KSC judges acknowledged, “Some judges are
dishonest” and “their identification and removal is” a
“high priority” to “help cleanse the judicial system of
miscreants” because “confidence in the judicial system”
must be “justified” (not blind). In re Pyle, 156 P.3d 1231,
1247 (Kan. 2007) (quoting In re Palmisano, 70 F.3d
483, 487 (7th Cir. 1995)). “Precisely because lawyers”
have “special competence in assessing judges” (id. at
1248), our systems of law and government depend
upon lawyers to expose and oppose judges violating pur
Constitution.
Attorneys, therefore, are court officers, sworn to
support our Constitution, and KSC (and federal) prec
edent and rules protect true “lawyer” statements “con
cerning the qualifications or integrity of a judge.” Id. at
1243 (quoting Kan.R.Prof.C. 8.2(a)). True “statements”
cannot “unfairly undermine public confidence in the
administration of justice.” Id. (quoting Comment to
Kan.R.Prof.C. 8.2(a)). “Expressing honest” attorney
“opinions on such matters contributes to improving the
administration of justice.” Id.
“Rule 8.2(a)” permits punishing “only false state
ments,” i.e., only “factual allegations”proue<i “false.” Id.
Government must prove with “clear and convincing ev
idence that” Petitioner asserted “false statements of
fact.” Id. at 1244.
Instead, KSC judges repeatedly lied, flouted KSC
rules and precedent and knowingly violated our Con
stitution (and Kansas statutes and Constitution). Cf.
10
SCOTUS No. 22-684 (petition). They knowingly mis
represented that mere attorneys (somehow) “deter
mined” they were “not required to prove Jordan’s
statements were false.” In re Jordan, 518 P.3d 1203,
1239 (Kan. 2022). They explicitly (and SCOTUS and
appeals court judges implicitly) fraudulently flouted
copious SCOTUS precedent. See id. at 1224,1234,1235
(citing N.A.A.C.P. v. Button, 371 U.S. 415 (1963); New
York Times Co. u. Sullivan, 376 U.S. 254 (1964); Garri
son v. Louisiana, 379 U.S. 64 (1964)\ Pickering v. Board
of Ed., 391 U.S. 563 (1968); In re Primus, 436 U.S. 412
(1978); Milkovich v. Lorain Journal Co., 497 U.S. 1
(1990)).
They fraudulently pretended they could rely on
Petitioner’s purported “failure to disprove” a federal
judge’s fraudulent conclusory contention that Peti
tioner’s statements were “baseless.” Id. at 1239. They
knowingly misrepresented (and merely contended)
that Petitioner’s “assertions” that federal “judges lied
about Powers’ email, concealed evidence, and commit
ted crimes” clearly “had to have been made with reck
less disregard to their truth or falsity.” Id.
They disbarred Petitioner because in federal court
“filings,” Petitioner’s “allegations about” federal
judges” were “serious” and “derogatory,” i.e., about
“criminal activity, lies, misrepresentations, [criminal]
conspiracy’ and “treason to the Constitution” because
they criminally concealed or helped conceal parts of
“Powers’ email,” to knowingly misrepresent they were
“protected” by “attorney-client privilege.” Id. at 1226.
11
REASONS FOR GRANTING THE WRIT
The decisions disbarring Petitioner (for speech/pe
titions) were entirely undefended and utterly indefen
sible. Judges’ silence should be contrasted with copious
contrary conclusions written or joined by all current
SCOTUS Justices.
All judges who disbarred Petitioner (for opposing
criminal judicial misconduct) knew their own conduct
was illegal, unconstitutional and criminal.
I.
Judges’ Retaliation Against Petitioner Was
Blatantly Unconstitutional Viewpoint Dis
crimination.
Judges “target [ing]” Petitioner’s “particular views”
committed “blatant” and “egregious” “violation [s] of
the First Amendment.” Rosenberger v. Rector & Visi
tors of the Univ. ofVa., 515 U.S. 819, 829 (1995). Courts
constitute a “limited public forum” in which judges
“may not” ever “discriminate against speech on the ba
sis of its viewpoint.” Id. Accord Shurtleffv. City of Bos.,
142 S. Ct. 1583, 1602 (2022) (Kavanaugh, J., concur
ring) (“limited public forum”). Judges’ “viewpoint dis
crimination” is “presumed impermissible when
directed against speech” never proved to be not “within
the forum’s limitations.” Rosenberger at 830.
“When the government encourages diverse ex
pression,” including “by creating a forum for debate”
{e.g., in court proceedings) “the First Amendment pre
vents [government] from discriminating against
12
speakers based on their viewpoint.” Shurtleff at 1587.
. Judges “may not exclude” or punish lawyer or litigant
“speech” to repress the “viewpoint” that judges cannot
influence litigation with illegal, unconstitutional or
criminal misconduct. Id. at 1593. Such repression
clearly is “impermissible viewpoint discrimination.”
Id.
Judges retaliated against Petitioner because his
speech about judges was “derogatory.” Matal u. Tam,
582 U.S. 218, 221 (2017). Such retaliation is “the es
sence of viewpoint discrimination;” it “reflects” mere
“disapproval of a subset of messages” that judges
merely consider “offensive.” Id. Judges’ “viewpoint
discrimination” unconstitutionally “singled out a sub
set of messages for disfavor based on the views ex
pressed.” Id. Accord Iancu v. Brunetti, 139 S. Ct. 2294,
2298-2299 (2019) (emphasizing unanimity in Tam).
“Viewpoint discrimination is poison to a free society;”
“it is especially important” thatjudges emphasize “that
the First Amendment does not tolerate viewpoint dis
crimination.” Id. at 2302 (Alito, J., concurring).
Judges may not “aim at the suppression of speech”
on “the basis of viewpoint.” 303 Creative LLC v. Elenis,
143 S. Ct. 2298, 2332 (2023) (Sotomayor, Kagan, Jackson, JJ., dissenting) (quoting Roberts v. United States
Jaycees, 468 U.S. 609,623-624 (1984)). Judges may not
“appl[y] the law” for “the purpose of hampering” attor
neys’ “ability to express” their or their client’s “views”
regarding issues relevant to court proceedings. Id.
(quoting Roberts at 624). Petitioner’s “services (legal
advocacy) were expressive; indeed, they consisted of
13
speech.” Id. at 2333 (citing Hishon v. King & Spalding,
467 U.S. 69, 78 (1984)). Judges have no power to “in
hibit” attorneys’ “ability to advocate” in court filings
their or their clients’ “ideas and beliefs.” Id. (citing
Hishon at 78).
Any “regulation of speech because of disagreement
with the message it conveys” violates our Constitution.
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989).
Court “restrictions on the time, place, or manner” of
“speech” must be proved “reasonable.” Id. (collecting
cases). If sanctions can be “justified without reference
to the content” of “speech,” they must be “justified” with
proof they were “narrowly tailored to serve” a “signifi
cant governmental interest” and proof they “leave open
ample alternative channels for communication” of rel
evant “information.” Id.
II.
Judges Repressing Criticism Violated the
First Amendment (and Much More of Our
Constitution).
“[T]he Free Speech Clause” protects every Ameri
can’s “freedom to think as” he “will and to speak as” he
“think[s].” Elenis, 143 S. Ct. at 2310. Such “rights” are
“inalienable.” Id. at 2311 (quoting James Madison).
“[T]he freedom of thought and speech” are “indis
pensable to the discovery and spread” of “truth” about
public affairs. Id. (quoting Whitney v. California, 274
U.S. 357, 375 (1927) (Brandeis, Holmes, JJ., concur
ring)). “By allowing all views to flourish,” we “may test
and improve our own thinking” as “individuals and as
14
a Nation,” so it is a “fixed star in our constitutional con
stellation” that “government may not interfere” (as
judges have) with the “marketplace of ideas” about
whether judicial conduct is constitutional or criminal.
Id. (quoting West Virginia Bd. of Ed. v. Barnette, 319
U.S. 624, 642 (1943)).
“All manner of speech” (including in court proceed
ings) enjoys “First Amendment’s protections.” Id. at
2312. “[T]he First Amendment’s protections belong” to
“all, including” attorneys “whose motives” judges “may
find misinformed or offensive.”Id. at 2317. “[T]he First
Amendment protects” Petitioner’s “right to speak his
mind regardless of whether the government considers
his speech sensible” or “misguided” or whether it
causes judges “anguish” or “incalculable grief.” Id. at
2312.
In 1774, Congress (comprising many attorneys)
emphasized that “freedom of the press” already was
one of our “great rights” because it served the “ad
vancement of truth” and “diffusion of liberal senti
ments on the administration of Government,”
including so that “oppressive officers” can be “shamed
or intimidated, into more honourable and just modes
of conducting [public] affairs.” Near v. Minn., 283 U.S.
697,717 (1931); Roth u. United States, 354 U.S. 476,484
(1957); Thornhill u. Alabama, 310 U.S. 88, 102 (1940)
(substituting “ashamed” for “shamed”).
“[T]he law” (including the First, Fifth and Four
teenth Amendments) “gives judges as persons, or
courts as institutions” absolutely “no greater
15
immunity from” our “criticism” (or our Constitution)
“than other persons or institutions.” Landmark
Commc’ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978)
(cleaned up). Attorney “speech cannot be punished”
merely “to protect the court as a mystical entity” or
“judges as individuals or as anointed priests set apart
from the community and spared the criticism to which”
all “other public servants are exposed.” Id. at 842.
Mere “injury to [any judge’s] official reputation is
an insufficient reason” for “repressing speech that
would otherwise be free,” and “protect [ing]” the “insti
tutional reputation of the courts, is entitled to no
greater weight in the constitutional scales.” Id. at 841842. Judges also cannot rely on contentions that “alle
gations of [judicial] misconduct” are “unfounded” (or
baseless). Id. at 840.
Judges have no power to punish attorney criticism
that judges deem merely unfounded or offensive (or
both). See, e.g., New York Times, 376 U.S. at 273 (col
lecting cases). “Criticism of [judges’] official conduct
does not lose its constitutional protection merely be
cause it is effective criticism” and “diminishes their of
ficial reputations.” Id. Any “repression” of “criticism of
the judge or his decision” must “be justified” by proving
“obstruction of justice.” Id. Judges’ retaliation against
Petitioner is far worse than even the Sedition Act of
1798, which required proof criticism was “false” and
“malicious.” Id.
All courts must protect all Americans’ “privilege
for criticism of official conduct.” Id. at 282. All courts
16
must “support” the “privilege for the citizen-critic of
government.” Id. Such “privilege is required by the
First and Fourteenth Amendments.” Id. at 283. Courts
cannot “give public servants an unjustified preference
over the public they serve” by affording “critics of offi
cial conduct” less than “a fair equivalent of the immun
ity granted to the officials themselves.” Id. at 282-283.
See also id. at 269 (cleaned up):
freedom of expression upon public questions
is secured [as a] constitutional safeguard to
assure unfettered interchange of ideas [to
bring about] political and social changes de
sired by the people. [ F]ree political discussion
[so] that government may be responsive to the
will of the people and that changes may be ob
tained by lawful means! is] essential to the se
curity of the Republic [and] is a fundamental
principle of our constitutional system.
“(I)t is a prized American privilege to speak one’s
mind” on “all public institutions.” Id. “[T]his oppor
tunity” must “be afforded” for “vigorous advocacy” in
court proceedings. Id. (quoting Button, 371 U.S. at 429)
(“the First Amendment” necessarily “protects vigorous
advocacy” in court proceedings “against governmental
intrusion”) (collecting cases).
All “public men” are essentially “public property,”
and “discussion cannot be denied and the right” and
“duty” of citizen “criticism must not be stifled.” Id. at
268. The pernicious pretense that judges have the
power to punish attorneys for speech/petitions expos
ing criminal judicial misconduct “reflect [s] the
17
obsolete” (seditious libel) “doctrine that the governed
must not criticize their governors.” Id. at 272 (quoting
Sweeney v. Patterson, 76 U.S.App.D.C. 23, 24, 128 F.2d
457, 458 (1942)). “The interest of the public” in the
truth about purported public servants “outweighs the
interest” of “any [offended] individual. [Clearly,] pro
tection of the public requires” both “discussion” and
“information” about judicial misconduct. Id. (both deci
sions).
Attorney “statements of fact” or “comment or opin
ion regarding [any] political conduct” or “public offi
cials” are “not actionable” without “showing” a public
interest “suffered” actual “injury” by “reason” of such
“statements.” Sweeney at 458.
Petitioner’s “speech on public issues occupies the
highest rung of the hierarchy of First Amendment val
ues, and is entitled to special protection.” Snyder v.
Phelps, 562 U.S. 443, 452 (2011) (quoting Connick v.
Myers, 461 U.S. 138, 145 (1983)) (cleaned up). See also
Snyder at 453 (discussing when “[s]peech deals with
matters of public concern”).
Petitioner’s “speech concerning public affairs” is
“the essence of self-government” and “debate on [such]
issues should be uninhibited, robust, and wide-open,”
and it may “include vehement, caustic,” and “unpleas
antly sharp attacks on government and public offi
cials.” Garrison, 379 U.S. at 74-75. Accord Snyder at
452\ Rosenblatt v. Baer, 383 U.S. 75, 85 (1966).
[The public has] a strong interest in debate on
public issues [including] about those persons
18
who are in a position significantly to influence
the resolution of those issues. Criticism of gov
ernment is at the very center of the constitu
tionally protected area of free discussion.
Criticism of those responsible for government
operations must be free, lest criticism of gov
ernment itself be penalized.
Rosenblatt at 85.
Garrison publicly implied eight judges were crim
inally corrupt and (like Petitioner) was essentially
prosecuted for seditious libel. But the “public interest
in a free flow of information to the people concerning
public officials, their servants” is “paramount,” so “an
ything which” even “might touch on an official’s fitness
for office is relevant,” including judges’ “dishonesty,
malfeasance, or improper motivation.” Garrison at 77.
“Truth may not be the subject of” any type of con
tent-based “sanctions” “where discussion of public af
fairs is concerned,” so “only” proven “false statements”
may be punished (for content) with “either civil or
criminal sanctions.” Id. at 74. Our Constitution “abso
lutely prohibits” any type of content-based “punish
ment of truthful criticism” of any public servant’s
public service. Id. at 78. Accord Pickering, 391 U.S. at
574 (precluding government employee’s discharge).
No Petitioner speech/petition “relating to matters
of public concern” was proved to “contain” even a “false
factual connotation,” so it must “receive full constitu
tional protection.” Milkovich, 497 U.S. at 20. Punished
19
speech must at least “imply” an “assertion of fact” that
was proved “false.” Id. at 19.
Despite knowing all the foregoing (and much of
the following), judges viciously and surreptitiously
“punished” Petitioner for, essentially, common-law se
ditious libel. Copious, evidence proves such retaliation
is outrageously unconstitutional and attorney freedom
to expose and oppose judicial misconduct is protected
by much of our Constitution.
Clearly, the First “Amendment” merely “codified”
parts of “pre-existing right[s].” N. Y. State Rifle & Pistol
Ass’n v. Bruen, 142 S. Ct. 2111, 2127 (2022) (quoting
District of Columbia v. Heller, 554 U.S. 570,592 (2008)).
Such “Amendment” was written and ratified not “to lay
down” any “novel principle but rather” purely because
it “codified” only parts of “right [s]” that Americans “in
herited” from many generations of “ancestors” who sac
rificed much in many ways for such rights. Id. (quoting
Heller at 599).
Such rights clearly were not “granted by the Con
stitution.” Heller at 592. They are not “in any manner
dependent upon” the Constitution for their “existence.”
Id. “The” plain “text” of multiple “Amendment [s] im
plicitly recognizes the pre-existence of” multiple
“right[s]” by “declaring] only that” they “shall not be
infringed” or abridged. Id.
“Constitutional rights” have “the scope they were
understood” (by the people) “to have when the people
adopted them, whether or not future legislatures” or
“judges think that scope too broad.” Heller at 634-635
20
(emphasis added). “Constitutional rights” have “the
scope they were understood to have when the people
adopted them” Bruen at 2136.
“The First Amendment contains the freedom-ofspeech guarantee that” many generations of “the peo
ple ratified” as much with their blood and lives as with
their voices and votes. Heller at 635. Such “Amend
ment” is merely the “product” of a very long history “of
an interest balancing by the people” for the people. Id.
Such “interest balancing by the people” certainly
“elevates above all other interests the right of lawabiding, responsible citizens” to use speech, press and
petitions “for self-defense” against abusive officials. Id.
Accord Bruen at 2131. The First Amendment is “the
‘product of an interest balancing by the people,’ not the
evolving product of federal judges.” Bruen at 2133, n.7.
“It is this balance—struck by the traditions of the
American people—that demands” the “unqualified def
erence” of all public servants. Id. at 2131.
The “enshrinement” in our Constitution “of consti
tutional rights necessarily takes certain policy choices
off the table” for all public servants. Heller at 636. Our
Constitution’s express “enumeration of” First Amend
ment “right [s] takes out of the hands of [all] govern
ment—even [judges]—the power to decide on a caseby-case basis whether the right is really worth insist
ing upon.” Id. at 634. Many generations of judges re
taliating against critics proves that any “constitutional
guarantee” that is “subject” to “judges’ assessments of
its usefulness is no constitutional guarantee at all.” Id.
21
To prevent and expose abuses of power by any pub
lic servant, Virginia’s legislature (including George
Mason and James Madison) emphasized (as those who
wrote or read the Declaration of Independence knew)
that “the freedom of the Press is one of the greatest
bulwarks of liberty, and can never be restrained but by
despotick Governments.” Virginia Declaration of
Rights §12 (June 12,1776).
The Founders and Framers (many of whom were
attorneys) feared sitting judges as much as standing
armies. They emphasized that abuses by the king’s
judges were crucial causes of the Revolution. See, e.g.,
Declaration of Independence (1776) ^[^6,10-12,15,17,
20-23. Americans fought for “Laws” ensuring “the
Right of Representation” which would be “formidable
to Tyrants” (id. *][5) and “for opposing” with “Firmness”
any “Invasions on the Rights of the People” (id. ^7).
Much in the original Constitution emphatically
protected political expression as integral and essential
to sovereign citizens’ seZ/'-government (requiring and
protecting speech by legislators, executive and judicial
officers (including attorneys), electors, voters, jurors
and witnesses exercising (only) parts of the people’s
power to think, speak and write for ourselves). Public
servants have the power to say people lied and commit
ted crimes because sovereign citizens have the right to
say so (including about public servants).
“[T]he People” created the “Constitution” (and
Congress and SCOTUS) to “establish Justice” and “se
cure the Blessings of Liberty.” U.S. Const. Preamble.
22
Our Constitution secures “all Privileges and Immuni
ties of Citizens” against all public servants, including
by requiring a “Republican Form of Government.” Art.
IV. Accord Amend. XIV, §1 (“privileges or immunities,”
“due process of law,” “equal protection of the laws”).
Federal judges have only such “powers” as the Peo
ple “delegated” to courts “by the Constitution.” Amend.
X. “No person” may be “deprived” of “life” or any “lib
erty” or “property” by any judge “without due process
of law.” Amend. V. Accord Amend. XIV, §1; 18 U.S.C.
241, 242, 371.
Federal “Judges” may hold and use “their Offices”
only “during” and for “good Behaviour.” U.S. Const. Art.
Ill, §1. All “Judges” (state and federal) always are
“bound” by the “Constitution” and federal “Laws” (“the
supreme Law of the Land”) despite “any Thing” else “to
the Contrary.” Art. VI. Absolutely “all” state and fed
eral “judicial Officers” always are “bound” to “support”
the “Constitution.” Id.
No judge has any power to “abridg[e] the freedom
of speech, or of the press” or “the right” to “petition”
courts to “redress” any “grievances” regarding uncon
stitutional or criminal judicial misconduct. Amend. I.
Accord Amend. XIV, §1. Regarding First Amendment
rights and freedoms, all persons are equal and all pub
lic servants (state and federal) are equal.
The “freedom of speech” and “press” are one free
dom in two forms. So “a reporter’s constitutional rights
are no greater than those of any other member of the
public.” Nixon v. Warner Commc’ns, 435 U.S. 589, 609
23
(1978) (collecting cases). Individuals and corpora
tions/media have the same speech/press freedom. See
First Nat’l Bank v. Bellotti, 435 U.S. 765 (1978).
Judges are “constitutionally disqualified from dic
tating” (in the manner they did) “the subjects about
which” attorneys “may speak” or which “speakers” may
“address a public issue.” Id. at 784-785. Bellotti pro
tected state-created corporations; a fortiori, it protects
state-licensed attorneys. Button; Garrison; Connick;
Garcetti; United Mine Workers', Speuack, herein, also
protect, specifically, attorney speech.
Alexander Hamilton and James Madison knew
much of the foregoing (including that principles as
serted in the Bill of Rights were implied in our original
Constitution). So they emphasized that state and fed
eral “bills of rights” were “unnecessary” to “declare
that things shall not be done which there is no power
to do.” Federalist No. 84 (Hamilton) (for The Federalist
Papers, see https://guides.loc.gov/federalist-papers/fulltext). In state and federal constitutions, “no power” was
“given” “by which restrictions may be imposed” on “lib
erty of the press” to expose and oppose unconstitu
tional or criminal judicial misconduct. Id.
Hamilton (an attorney) repeatedly emphasized
that our Constitution protected Americans from “the
great engines of judicial despotism,” including “arbi
trary methods,” “prosecuting pretended offenses,” and
“arbitrary punishments.” Federalist No. 83. Accord
Federalist No. 78 (Hamilton); Alleyne v. United States,
24
570 U.S. 99, 126-127 (2013) (Roberts, C.J., dissenting)
(“judicial despotism”).
Limiting judicial despotism was among the pri
mary points of state and federal constitutions. Only
“the legislature, not the Court” has the power “to define
a crime” {e.g., sedition) “and ordain its punishment.”
United States v. Wiltberger, 18 U.S. (5 Wheat.) 76, 95
(1820) (Marshall, C.J.).
Madison emphasized the “great importance in
[our] republic” of “guard [ing our] society against the
oppression of [our so-called] rulersFederalist No. 51.
“[T]he Constitution created a [republican] form of
government under which ‘The people, not [public serv
ants], possess the absolute sovereignty.’ [Our republi
can] government dispersed power” in many ways
precisely because “of the people’s” extreme “distrust” of
“power” at “all levels.” New York Times, 376 U.S. at 274
(emphasis added) (quoting Madison). In “Republican
Government,” naturally, “the censorial power” gener
ally must be “in the people over [public servants], and
not in [public servants] over the people.” Id. at 275
(quoting Madison).
Madison subsequently re-emphasized that all
Americans’ speech is protected from all government
(federal and state): “The people shall not be deprived
or abridged of their right to speak, to write, or to pub
lish their sentiments; and the freedom of the press, as
one of the great bulwarks of liberty, shall be inviolable.”
Amendments to the Constitution (1789) (proposed)
25
(https://founders.archives.gov/documents/Madison/0112-02-0126).
Nearly everything negative said about the Sedi
tion Act of 1798 or the vicious officials who abused it
(especially the impeached SCOTUS Justice Chase) ap
plies to judges retaliating against Petitioner for oppos
ing criminal judicial misconduct.
Judges’ “artful and vicious” retaliation was crafted
to “conceal usurpation” that “is forbidden” by “the
Constitution.” Address of the General Assembly of
Virginia (1799) (Madison) (https ://press-pubs.uchicago.
edu/founders/documents/amendI_speechs21.html).
Judges retaliating against critics defraud Americans of
“sacred rights” and “the bulwark of” our “liberty;” such
“hideous” abuse of power “turns loose” the “utmost in
vention of insatiable” judicial “malice and ambition.”
Id.
Judges usurped “power [s] not delegated” to them
and even “expressly and positively forbidden by”
multiple constitutional provisions and amendments.
Virginia Resolutions of 1798 (Madison) (https://founders.
archives.gov/documents/Madison/01-17-02-0128). Judges’
usurpations were “deliberate” and “dangerous,”
demonstrated “reproachful inconsistency” and “crimi
nal degeneracy,” and “subvert [ed] ” the “principles of
free government” and many “provisions of” our “Con
stitution.” Id. Such usurpations should “produce uni
versal alarm, because” judges seek to defraud
Americans of our “right of freely examining public
characters and measures, and of free communication
26
among the people thereon, which has ever been justly
deemed the only effectual guardian of” every American
“right.” Id.
The “evil of usurpation” by “the judicial depart
ment” committing “infractions dangerous to the essen
tial rights of” the people also is “dangerous to the great
purposes for which the Constitution was established,”
i.e., confirming two great “truths,” the “sovereignty of
the people over constitutions” and the “authority of
constitutions over governments.” Report of 1800 on
the Virginia Resolutions (Madison) (https://founders.
archives.gov/documents/Madison/01-17-02-0202).
Generations of judges have designed decisions to
deceive Americans and defraud us of our rights. See,
e.g., Jordan, 518 P.3d at 1225 (quoting Gentile v. State
Bar of Nevada, 501 U.S. 1030, 1071 (1991)) (“in the
courtroom itself, during a judicial proceeding, what
ever right to ‘free speech’ an attorney has is extremely
circumscribed”). That far-less-than-half-truth straw
man in irrelevant dictum is the darling of judicial
despots and con men. Many judges abuse it to attack
only attorneys and attack even writing.
The truth is far greater and simpler. “No person”
may be “deprived of life, liberty, or property, without
due process of law.” U.S. Const. Amend. V. Nobody (in
cluding judges) has any contrary right or power. And
copious law expressly permits and protects copious
speech (by lawyers, litigants, witnesses, jurors) in
courtrooms and court papers, including Petitioner’s.
Petitioner cannot be punished for the content of
27
petitions opposing illegal, unconstitutional and crimi
nal judicial misconduct.
The “right to petition” is “one of the most precious
of the liberties safeguarded by the Bill of Rights.”
BE&K Constr. Co. v. NLRB, 536 U.S. 516, *524 (2002)
(quoting United Mine Workers v. Illinois BarAss’n, 389
U.S. 217, 222 (1967)) (cleaned up). Such “right is im
plied” by “the very idea of a government, republican in
form,” and it “extends to all departments of the Gov
ernment” including “courts.” Id. at 524-525.
“[T]he rights of free speech” and “free press” are
“not confined to” (or from) “any field.” United Mine
Workers at 223. “[T]he principles announced in But
ton,” infra, govern “litigation” (petitions or speech) “for
political purposes” or “solely designed to compensate”
alleged “victims.” Id.
Courts “may not prohibit” any “modes of expres
sion and association protected by the First and Four
teenth Amendments” by merely invoking the mere
general “power to regulate the legal profession.” But
ton, 371 U.S. at 428-429. “[I]t is no answer to” any of
Petitioner’s “constitutional claims” that the mere “pur
pose of” any “regulations” (court rules or rulings) “was
merely to insure high professional standards.” Id. at
438-439. Judges “may not, under the [mere] guise of
prohibiting professional misconduct, ignore” (know
ingly violate) “constitutional rights” (as judges did). Id.
at 439.
Courts “cannot foreclose the exercise of constitu
tional rights by mere labels,” e.g., attorney, discipline,
28
reciprocal (or judge). Id. at 429. No “regulatory
measures” (court rule or ruling), “no matter how so
phisticated,” can “be employed in purpose or in effect
to stifle, penalize, or curb” Petitioner’s “exercise of First
Amendment rights.” Id. at 439. Accord New York
Times, 376 U.S. at 269 (dispensing with all “mere la
bels” abused as “formulae for the repression of expres
sion”). “The test is not the [mere] form in” (or the label
under) which government “power” was “applied but” whether “such power” was “exercised” constitutionally.
Id. at 265.
Government “cannot condition” even actual “employ
ment” (much less licensing) “on a basis that infringes
[any] employee’s” (any attorney’s) “constitutionally
protected interest in freedom of expression.” Garcetti v.
Ceballos, 547 U.S. 410, 413 (2006) (quoting Connick,
461 U.S. at 142).
Every “citizen who works for the government [for
the public] is nonetheless a citizen. The First Amend
ment limits the ability of [government even as an] em
ployer to leverage [even an] employment relationship
to restrict, incidentally or intentionally, the liberties”
that even government “employees enjoy” as “citizens.”
Garcetti at 419. Even when government restricts
speech of attorneys as actual “employees” when
“speaking as citizens about matters of public concern,”
government must prove it imposed “only” such “speech
restrictions” as were “necessary for” government “to
operate efficiently and effectively.” Id.
I
29
III. The First, Fifth and Fourteenth Amend
ments and Criminal Statutes Protect At
torney Speech/Petitions.
Judges’ retaliation against Petitioner obscenely of
fends our Constitution. Many controlling authorities
confirm our Constitution secures equal protection of
law to all citizens. See, e.g., United States v. VaelloMadero, 142 S. Ct. 1539,1547-1552 (2022) (Thomas, J.,
concurring). Even so, an absurd attitude of supremacy
infects the minds of many judges, including those re
taliating against Petitioner.
SCOTUS Justices repeatedly have addressed such
infection. For example, the “Chief Justice” (and six oth
ers) previously knowingly misrepresented that “free
blacks” had “none of the rights and privileges” of “citi
zens” because they purportedly always had been
treated as “a subordinate and inferior class of beings”
merely because they “had been subjugated” by “domi
nant” people in power, so they “had no rights or privi
leges” except “such as those who held power and
[controlled] Government might choose to grant them.”
Id. at 1547 (quoting Dred Scott v. Sandford, 60 U.S.
393, 404-405 (1857)).
i
SCOTUS Justices defrauded many Americans of
“the privileges and immunities of citizens,” including
“full liberty of speech” upon “all subjects upon which”
all “citizens” have the right to “speak.” Dred Scott at
416-417. Judges continue to do the same to lawyers.
A primary point of the Fourteenth Amendment
and powerful legislation of the late 1800’s was to
30
emphatically reverse and remedy SCOTUS Justices’
(and their co-conspirators’) Dred Scott fraud. See, e.g.,'
Mitchum v. Foster, 407 U.S. 225, 230-231, 238-243
(1972); United States v. Price, 383 U.S. 787, 769-807
(1966) (discussing 18 U.S.C. 241, 242 and tracing their
history to 1866-1870).
Any judges “conspiring] to injure, oppress,
threaten, or intimidate” attorneys “in the free exercise
or enjoyment of any right or privilege secured to” them
“by the Constitution or laws of the United States, or
because of” their “having so exercised” any such “right
or privilege” commit a crime. 18 U.S.C. 241. Accord 18
U.S.C. 371.
Any judge acting “under color of any law” or “cus
tom” to “willfully” deprive attorneys “of any rights,
privileges, or immunities secured or protected by” any
provision of the “Constitution” or federal “laws” com
mits a crime. 18 U.S.C. 242. No judge or judicial action
or custom is exempt, including so-called deference,
comity, reciprocity, res judicata, presumptions or pre
tenses {e.g., that judicial hearsay against Petitioner is
true or is evidence it is true). In Section 242, the “qual
ification” regarding “alienage, color and race” is inap
plicable “to deprivations of any rights or privileges.”
United States v. Classic, 313 U.S. 299, 326 (1941).
“Judges” clearly can be punished under “criminal
laws” for “official acts,” including the “notable example”
of knowingly “violating a federal statute.” United
States v. Trump, 91 F.4th 1173, 1192 (D.C. Cir. 2024)
(citing Ex parte Virginia, 100 U.S. 339 (1880)). “Even
31
judges” clearly “can be punished criminally” under Sec
tions 241 or 242 “for willful deprivations of constitu
tional rights.” Imbler v. Pachtman, 424 U.S. 409, 429
(1976). Accord Dennis v. Sparks, 449 U.S. 24, 28, n.5
(1980); Briscoe v. Lahue, 460 U.S. 325,345, n.32 (1983).
The “Fifth Amendment has been absorbed in the
Fourteenth,” and each “extends its protection to law
yers,” and neither may “be watered down” to facilitate
“disbarment.” Spevack v. Klein, 385 U.S. 511, 514
(1967) (Douglas, Black, Brennan, JJ., Warren, C.J.).
Judges cannot resort to “procedure” that “would deny”
attorneys “all opportunity” to compel each court “to
make a record” showing proof of material facts (by
clear and convincing evidence). Id. at 518-519.
There is “no room in the” Fifth or Fourteenth
Amendments to discriminate based on mere “classifi
cations of people so as to deny [lawyers due process].
Lawyers are not excepted” from “person” in the Fifth
and Fourteenth Amendments, and judges “can imply
no exception.” Id. at 516.
“The special responsibilities [attorneys] assume”
as “officer [s] of the court do not carry with them” any
“diminution” of attorneys’ “Fifth Amendment rights.”
Id. at 520 (Fortas, J., concurring).
“The threat of disbarment and the loss of profes
sional standing, professional reputation, and of liveli
hood are powerful forms of compulsion” that some
judges abuse to illegally intimidate and injure attor
neys. Id. at 516 (plurality). So the following “views” in
Cohen were implicit (“need not be elaborated again”).
Id. at 514.
32
The “important role” of “lawyers” in “our society”
makes it “imperative that [lawyers] not be discrimi
nated against” regarding “freedoms that are designed
to protect” Americans “against the tyrannical exertion
of governmental power. [Indeed,] the great purposes
underlying [such] freedoms [include affording] inde
pendence to those who must discharge important pub
lic responsibilities. [Lawyers], with responsibilities as
great as those placed upon any group in our society,
must have that independence.” Cohen v. Hurley, 366
U.S. 117, 137 (1961) (Black, Douglas, JJ., Warren, C.J.,
dissenting)
It is “important” to “society and the bar itself that
lawyers be unintimidated—free to think, speak, and
act as members of an Independent Bar.” Konigsberg v.
State Bar of Cal., 353 U.S. 252, 273 (1957). “An in
formed, independent judiciary” must have “an in
formed, independent bar.” Legal Services Corp. v.
Velazquez, 531 U.S. 533, 545 (2001). judges cannot
“prohibit[] speech and expression upon which courts
must depend for the proper exercise” of “judicial
power.” Id.
Judges and “courts depend” on an “independent
bar” for “the proper performance of [judges’ and courts’
constitutional] duties and responsibilities. Restricting”
conscientious, capable “attorneys” from “presenting ar
guments and analyses to the courts distorts the legal
system by altering the traditional” (constitutional)
“role” of “attorneys.” Id. at 544.
33
Judges cannot “exclude from litigation those argu
ments and theories” they deem “unacceptable but
which by their nature are within the province of the
courts to consider.” Id. at 546. Judges cannot refuse to
adjudicate credibility and crimes merely because
judges lied and committed crimes.
Our “Constitution guarantees” the “entire inde
pendence of” federal “officers” (including judges and
attorneys) “from any control” by “States.” Trump v. An
derson, 144 S. Ct. 662, 218 L. Ed. 2d 1, 7-8 (2024).
Petitioner’s “right” to be an officer of each federal
court was “secured” by our Constitution and federal
law and “may not be taken away” in violation thereof.
Selling v. Radford, 243 U.S. 46, 48 (1917). Judges’
“duty” is “not to disbar except upon the conviction” that
they are “constrained” to disbar. Id. at 51.
Each court’s judges’ “duty” is to “determine” (adju
dicate) “for [them] selves” Petitioner’s “right” to be an
officer thereof. Id. at 50. They are bound by their “duty”
not “to abdicate” their “own functions” (duties) “by
treating” prior judges’ purported “judgment” as “ex
cluding all inquiry.” Id. at 50.
“[B]efore sanction is given” to any prior “disbar
ment,” each federal court must conduct its own “inves
tigation.” Id. at 48-49. “[T]he character and scope” of
“investigation” clearly “must depend upon” identified
“acts of misconduct and wrong” and “proof relied upon”
to “establish” such “misconduct.” Id. at 49. Each court
must identify such acts and proof.
34
Each federal court’s “intrinsic consideration of the
state record” must explicitly address what “facts” were
“found” and “proof” was presented that Petitioner
lacked the requisite “professional character” or
whether “other grave reason” precludes disbarment.
Id. at 51.
“[T]he substantive law” identifies “proof or eviden
tiary requirements,” including “which facts are mate
rial,” i.e., “might affect the outcome” under “governing
law.” Anderson v. Liberty Lobby, Inc., All U.S. 242, 248
(1986). SCOTUS precedent emphasized material facts,
and “the First Amendment mandates a ‘clear and con
vincing’ standard.” Id. at 252. No court did (or can)
bear any relevant burden of proof.
“Disbarment” is “a punishment” that judges must
prove they used only “to protect the public.” In re Ruffalo, 390 U.S. 544, 550 (1968). Disbarment is “quasi
criminal.” Id. at 551. So Petitioner was “entitled to pro
cedural due process,” including “fair notice of” each
court’s “charge” and “opportunity” to provide “explana
tion and defence.” Id. at 550. Each court’s “charge must
be [made] known before the proceedings commence.”
Id. SCOTUS and appeals court judges never informed
Petitioner of any rule that they believed Petitioner vio
lated or how. Petitioner “had no notice” that any such
judge “considered” any Petitioner speech “a disbar
ment offense.” Id. at 550. “This absence of fair notice”
of “the precise nature of” federal courts’ federal
“charges deprived petitioner of procedural due pro
cess.” Id. at 552.
35
Judges cannot repress attorney speech with “pro
cedural violation of due process” that “would never
pass muster in any normal civil or criminal litigation”
for libel, defamation or contempt. Id. at 551. The “con
sequences” for attorneys compel at least due process
for “the ordinary run of civil cases” for defamation or
libel. Konigsberg, 353 U.S. at 257.
After reasonable notice, a “hearing” must be “held”
because Petitioner (repeatedly) “requested” a “hear
ing.” FED.R.APP.P. 46(b)(3). Accord FED.R.APP.P.
46(c). Petitioner “must be given” a reasonable “oppor
tunity to show” he cannot constitutionally be “dis
barred.” FED.R.APP.P. 46(b)(2).
IV. Before Punishing Attorney Speech or Peti
tions, Courts Must Prove Material Facts.
“The constitutional protection” (due process of
law) “does not” necessarily “turn upon” the “truth, pop
ularity, or social utility of the ideas and beliefs which
are offered.” Veit; York Times, 376 U.S. at 271 (quoting
Button, 371 U.S. at 445). So-called public servants pun
ishing or penalizing petitions and speech for content
about public issues determines due process.
Government must present “proof,” and it must
have “the convincing clarity which the constitutional
standard demands.” Id. at 285-286. “The power to cre
ate presumptions is not a means of escape from consti
tutional restrictions.” Id. at 284. Whenever “the
constitutional right to speak” is “deterred by” invoking
any “general” rule, “due process demands that the
36
speech be unencumbered until” government presents
“sufficient proof to justify its inhibition.” Speiser v.
Randall, 357 U.S. 513, 528-529 (1958).
“When First Amendment compliance is the point
to be proved, the risk of non-persuasion” always “must
rest with the Government, not with the citizen.”
United States v. Playboy Entertainment Group, Inc.,
529 U.S. 803, 818 (2000). “When” any “Government re
stricts” any “speech, the Government” always “bears
the burden of proving the constitutionality of its ac
tions.” Id. at 816.
“When” any “Government” restricts any “speech
based on its content,” any potential “presumption of
constitutionality” must be “reversed. Content-based
regulations” (including orders imposing punishment or
penalty) “are presumptively invalid, and the Govern
ment bears the burden to rebut that presumption.” Id.
at 817 (cleaned up).
Each court must prove it “determine [d] the consti
tutionality of” each content-based “restriction” (disbar
ment) with “strict scrutiny.” Republican Party v. White,
536 U.S. 765, 774-775 (2002). Accord Reed v. Town of
Gilbert, 576 U.S. 155,163-164 (2015).
“Content-based laws” (and punishments or penal
ties) are “presumptively unconstitutional.” Reed at
163. All sanctions targeted the content of Petitioner’s
speech/petitions. Cf. id. at 163-164 (identifying “con
tent-based” restrictions). Content-based sanctions
must “be justified only” by each court “proving] that”
37
each sanction was “narrowly tailored to serve” public
“interests” that are “compelling.” Id. at 163.
An “Amendment’s plain text covers” Petitioner’s
conduct, so “the Constitution presumptively protects
that conduct.” Bruen, 142 S. Ct. at 2126. Each court
must “justify” any “regulation” thereof, i.e., “must
demonstrate” that disbarment was “consistent with
this Nation’s historical tradition” of protecting
speech/petitions. Id. Each court “must affirmatively
prove that” disbarment was within this Nation’s “his
torical tradition” of protecting speech/petitions within
“the outer bounds” of each “right.” Id. at 2127.
!
In “First Amendment cases,” each “court is obli
gated” to conduct an “independent examination of the
whole record” to “make sure that” any purported “judg
ment does not constitute a forbidden intrusion on the
field of free expression.” Snyder, 562 U.S. at 454. “It is
imperative that, when the effective exercise of” First
Amendment “rights is claimed to be abridged,” all
“courts” must “weigh the circumstances” and “appraise
the substantiality of the reasons advanced” (by anyone
else) “in support of the challenged” punishment.
Thornhill, 310 U.S. at 96. “[W]hen it is claimed that”
First Amendment “liberties have been abridged,” each
court “cannot allow a” mere “presumption of validity of
the exercise of” any prior judge’s “power to interfere
with” the subsequent court’s “close examination of the
substantive [constitutional] claim presented.” Wood u.
Georgia, 370 U.S. 375, 386 (1962).
38
Due process of law means much more than judges’
mere empty “enunciation of a constitutionally accepta
ble standard” merely purportedly “describing the effect
of” judges’ or attorneys’ “conduct.” Id. Moreover, any
prior judge’s mere conclusion “may not preclude” (or
diminish) each court’s “responsibility to examine” all
relevant “evidence to see whether” admissible, admit
ted evidence “furnishes a rational basis for the charac
terization” that prior judges “put on it.” Id.
“Attorneys” asserting “statements impugning the
integrity of a judge” are “entitled” to “First Amend
ment protections applicable in the defamation con
text.” Standing Comm, on Discipline of the United
States Dist. Court v. Yagman, 55 F.3d 1430, 1438 (9th
Cir. 1995). “[A]ttorneys may be sanctioned for impugn
ing the integrity of a judge or the court only if their
statements are” proved “false;” moreover, “truth is an
absolute defense.” Id. (citing Garrison, 379 U.S. at 74).
Such “statements” clearly “may not be punished”
unless “proved” to be “false.” Id. Each “disciplinary
body” always “bears the burden of proving” (identifying
proof of) “falsity.” Id. Attorney “opinion” may “be pun
ished only” if “disclosed facts” or implied “facts are
[proved] false.” Id. at 1439.
Unless statements “imply facts capable of objec
tive verification,” they are “constitutionally immune
from sanctions.” Id. at 1441. Attorney “opinion” may be
“sanction [ed] only” if “declaring or implying actual
facts” “proved” “false.” Id. at 1438-1439 (citing Milkovich, 497 U.S. at 21).
39
No one ever even “claim [ed] that” that any Peti
tioner “factual assertion was false, and” every court
failed to make any “finding to that effect,” so courts
must “proceed” on “the assumption that” each Peti
tioner factual “statement is true.” Id. at 1438.
Attorney “statement [s]” are “only actionable”
(sanctionable) if disclosed or implied “facts” were
proved “false;” specific “facts” must be “proven untrue.” Berry v. Schmitt, 688 F.3d 290, 303 (6th Cir.
2012).
99 U
V.
Judges Failing to Justify Their Conduct
Are Essentially Mere Con Men, Priests or
Tyrants.
The facts and issues here are so clear and so fun
damental and crucial to our Constitution that Ameri
cans cannot and should not trust any judges (including
SCOTUS Justices) who willfully fail to safeguard Peti
tioner’s exercises of First Amendment rights and free
doms. They should not be trusted about anything. They
criminally conspired systematically to attack and un
dermine “the Constitution” they swore to “support and
defend” against “all enemies.” 5 U.S.C. 3331. They are
such enemies (vicious anti-constitutionalists).
Judges criminally violated their oaths to “dis
charge” all “duties” “faithfully” to “the Constitution.”
Id. Cf. 18 U.S.C. 241, 242, 371, 1001, above. Their vi
cious violations were “worse than solemn mockery.”
Marhury v. Madison, 5 U.S. (1 Cranch) 137,180 (1803)
(Marshall, C.J.). They “usurp[ed]” powers “not given”
40
(and repeatedly expressly withheld) by our Constitu
tion to commit “treason to the Constitution.” United
States v. Will, 449 U.S. 200, 216, n.19 (1980) (Burger,
C.J.) (quoting Cohens v. Virginia, 19 U.S. (6 Wheat.)
264, 404 (1821) (Marshall, C.J.)).
Such black-collar crime is dangerous and poten
tially devastating:
Our Government is the potent, the omnipres
ent teacher. For good or for ill, it teaches the
whole people by its example. Crime is conta
gious. If the Government becomes a law
breaker, it breeds contempt for law; it invites
every man to become a law unto himself; it in
vites anarchy.
Miranda v. Ariz., 384 U.S. 436, 480 (1966) (quoting
Olmstead v. United States, 277 U.S. 438, 485 (1928)
(Brandeis, Holmes, JJ., dissenting)).
The decisions of judges retaliating against Peti
tioner compellingly proved they knew their conduct
was unconstitutional and criminal. No judge even at
tempted to show how (or even contended that) any
thing gave any judge the power to disbar attorneys for
Petitioner’s entirely unrebutted statements in court
filings about judges’ unconstitutional or criminal mis
conduct. No judge attempted to show (or even con
tended) he did not commit any crime Petitioner
addressed.
America’s “interest” in ensuring that “public confi
dence in the fairness and integrity” of “judges” is justi
fied is “vital,” i.e., “of the highest order.” Williams-Yulee
41
v. Fla. Bar, 575 U.S. 433, 445-446 (2015). Judges (in
cluding SCOTUS Justices) must prove their decisions
disbarring Petitioner were not intentionally illegal, in
tentionally unconstitutional and intentionally crimi
nal.
Judicial decisions depriving people of life, liberty
or property without justification (by mere fiat) are
egregiously unconstitutional. They reveal judges act
ing like common con men, pseudo-priests or outright
tyrants.
Judges failing to justify their conduct have turned
adjudications into confidence games and judges into
con men. Such judges abuse silence to undermine and
attack our Constitution (systems of law and govern
ment). They imply Americans must have blind (not jus
tified) confidence that judges did not violate law, lie or
commit crimes.
Such confidence was not intended by the Framers
of the original Constitution, the Bill of Rights or the
Fourteenth Amendment. Constitutions and laws are
worthless when judges systematically conspire to
usurp such power, making judges priests of an uncon
stitutional faith-based black magic cult. Cf. U.S. Const.
Amend. I (“establishment of religion”).
“Article III of the Constitution establishe[d]” a
“Judiciary” that must be “independent” of all except
the law and which has the “duty to say what the law
is” in “particular cases and controversies;” judges “who
apply [a] rule to particular cases, must of necessity ex
pound and interpret that rule.” Bank Markazi v.
42
Peterson, 136 S. Ct. 1310, 1322-1323 (2016). Accord
Rucho v. Common Cause, 139 S. Ct. 2484, 2525 (2019)
(Kagan, Ginsburg, Breyer, Sotomayor, JJ., dissenting).
“When faced” with the “constitutional wrongs” that
judges inflicted here, “courts must intervene.” Id.
“Jurists presiding over cases at every level have a
[constitutional] duty” to “say what the law is ” Acheson
Hotels, LLC v. Laufer, 144 S. Ct. 18,28 (2023) (Thomas,
J., concurring). It “emphatically” is the constitutional
“duty of” judges to “say what the law is,” not merely
dictate (unconstitutional) consequences. Marbury v.
Madison, 5 U.S. (1 Crunch) 137, 177 (1803) (Marshall,
C.J.). Accord Bond v. United States, 572 U.S. 844, 867
(2014) (Scalia, Thomas, Alito, JJ., concurring). “Today,
the Court shirks its job.” Id. “[C]ourts” must not “shirk
their duty to say what the law is.” Thryv, Inc. v. ClickTo-Call Techs., LP, 140 S. Ct. 1367, 1389 (2020) (Gorsuch, J., dissenting).
Expecting unquestioning “deference” to unjusti
fied “decisions” regarding constitutional rights is “in
consistent with [judges’] duty to say what the law is in
the cases that come before them” and “relegat[es
higher] courts” (and Americans, generally) “to the sta
tus of potted plants.” Turkiye Halk Bankasi A.S. v.
United States, 143 S. Ct. 940, 954-955 (2023) (Gorsuch,
Alito, JJ., dissenting).
Each “Judge” is “required to declare the law” be
cause if he “states it erroneously, his opinion” must “be
revised; and if it can have had any influence on the”
judgment, it must “be set aside.” Etting v. U.S. Bank,
43
24 U.S. 59, 75 (1826) (Marshall, C.J.). Clearly, “judicial
discretion is not the power to ‘alter’ the law” but “the
duty to correctly ‘expound’ it .” Gamble v. United States,
139 S. Ct. 1960, 1982 (2019) (Thomas, J., concurring)
(quoting Madison).
SCOTUS’ “responsibility” is “to say what the law
is and afford the people the neutral forum for their dis
putes that they expect and deserve.” Kisor v. Wilkie,
139 S. Ct. 2400,2448 (2019) (Roberts, C.J., concurring).
“Those who apply the rule to particular cases, must of
necessity expound and interpret that rule.” United
States v. Windsor, 570 U.S. 744, 787 (2013) (Roberts,
C.J., dissenting). SCOTUS’ “duty” is “to pronounce the
law” “when” adjudicating any “controversy that [is
SCOTUS’] business to resolve under Article III.” Id.
Every judge on every court “must abide by” the
“supreme Law of the Land” and “by the opinions of
[SCOTUS] interpreting that law.” Nitro-Lift Techs.,
L.L.C. v. Howard, 568 U.S. 17, 21 (2012). “It is [SCO
TUS’] responsibility to say what” our Constitution
“means, and once [SCOTUS] has spoken, it is the duty
of” all “courts to respect that understanding.” Id.
Judges on “state courts” (and SCOTUS and lower
federal courts) are being “permitted to disregard” SCO
TUS “rulings” regarding Americans’ First Amendment
rights and freedoms, so federal “laws” and “constitu
tion” are utterly ineffective or radically “different in
different states” (and federal circuits) and have no
where near “the same construction, obligation, or effi
cacy, in” all “states” (or federal circuits). James v. City
44
of Boise, 577 U.S. 306, 307 (2016). “The public mis
chiefs” flowing therefrom are “truly deplorable.” Id.
(quoting Martin v. Hunter’s Lessee, 14 U.S. (1 Wheat.)
304, 348 (1816)).
VI. Using Judges’ Hearsay Against Petitioner
Irrefutably Was Illegal and Unconstitu
tional.
Disbarments must be based on facts and evidence
(proof), not presumptions or pretenses ie.g., that
judges’ hearsay is true or evidence of its truth).
SCOTUS and appeals court judges abused mere
judges’ mere conclusory hearsay, which was worse than
worthless as support for judgment. “Congress” and fed
eral “Laws” govern the “Effect” of state “Records” or
“judicial Proceedings.” U.S. Const. Art. IV, §1. The Fed
eral Rules of Evidence govern. See FED.R.EVID. 101,
1101. Each federal court must “produc[e] ” (identify)
“evidence to rebut [each] presumption” stated above.
FED.R.EVID. 301.
No “constitutionally based privilege” exists “im
munizing judges from being required to testify about
their judicial conduct in third-party litigation.” Dennis
v. Sparks, 449 U.S. 24, 30 (1980). Judges cannot fabri
cate “any nonconstitutional testimonial privilege pro
tecting” judges “from any questioning.” Gravel v.
United States, 408 U.S. 606, 627 (1972). No “judicially
fashioned privilege” can “immunize criminal conduct”
or “frustrate” legitimate “inquiry into whether” judicial
45
misconduct was “criminal.” Id. Accord 28 U.S.C. 2071,
2072(b), 2074(b).
“Hearsay” by any judge against Petitioner was
“not admissible” as evidence of its truth because such
use was not permitted by any “federal statute” or
“rules.” FED.R.EVID. 802. Judges’ hearsay is admissi
ble for some purposes, but not for the foregoing. Cf
FED.R.EVID. 803(8), 803(22), 803(23).
Judicial findings of fact “may be referred to as ex
positions of law upon” any actual “facts” actually “dis
closed, but they are not evidence of those facts.”
Mackay v. Easton, 86 U.S. 619, 620 (1873). Accord
United States v. Benjamin Brandon Grey, 891 F.3d
1054,1058-1059 (D.C. Cir. 2018).
Especially judges’ conclusory hearsay cannot re
place proof or facts. Presiding judges cannot (and did
not) testify under oath. Cf. FED.R.EVID. 602,603,605.
A presiding judge “may not” in any way usurp or “as
sume the role of a witness,” so “he may not either dis
tort” any “evidence” or “add to it.” Quercia v. United
States, 289 U.S. 466, 470 (1933).
Judges’ conclusory hearsay could not be admitted
(in federal or Kansas courts) as evidence of its truth
(i.e., that Petitioner committed misconduct) because
Petitioner was not afforded any opportunity for crossexamination. Cf FED.R.EVID. 614, 806; Kan. Stat.
Ann. 60-460(a). Testimony in open court “forces the
witness to submit to cross-examination,” which is the
“greatest legal engine ever invented for the discovery
of truth;” it “permits” everyone “to observe the
46
demeanor of the witness in making” and explaining
“his statement, thus aiding” in “assessing his credibil
ity.” California v. Green, 399 U.S. 149,158 (1970).
VII. This Is a Clean Vehicle to Address Outra
geous Violations of Our Constitution.
No legal authority permits federal repression of
the content or viewpoint of Petitioner’s speech/peti
tions. Judges of three appeals courts and SCOTUS ma
liciously abused a combination of their silence and
public confidence to usurp power they knew our Con
stitution expressly denied—in many ways.
They disbarred a court officer without saying why.
They criminally retaliated against him because of the
content—and even viewpoint—of extremely protected
political speech and petitions. Leading federal judges
are actively abusing their positions and powers to at
tack and undermine our Constitution by defrauding us
of rights they know are essential to our Constitution.
47
CONCLUSION
Denying certiorari will further confirm the inten
tional illegality, unconstitutionality and criminality of
the judicial despotism at issue. It will promote cer
tainty of impropriety.
Respectfully submitted,
Jack Jordan
3102 Howell Street
North Kansas City,
Missouri 64116
courts@amicuslaw.us
(816) 853-1142
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.