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Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option
New York Observer ^ | October 15, 2014 | Sidney Powell

Posted on 10/19/2014 7:17:58 AM PDT by right-wing agnostic

In perhaps the most stunning documentation yet of abuses by Eric Holder’s Justice Department, two former Assistant United States Attorneys spoke to defense attorneys and revealed appalling deceit and corruption of justice. This latest litigation time bomb has exploded from multi-million dollar litigation originally brought by the Department of Justice against Sierra Pacific based on allegations that the lumber company and related defendants were responsible for a wildfire that destroyed 65,000 acres in California.

In what was dubbed the “Moonlight Fire” case, the tables are now turned. The defendants have discovered new evidence and filed a stunning motion. The new evidence and disclosures are being taken seriously by the Chief Judge of the Eastern District of California—as they should be. In a shocking action, Judge Morrison C. England Jr. ordered the recusal of every federal judge in the Eastern District of California.

Sierra Pacific Industries and other defendants were compelled to pay $55 million to the United States over a period of five years and transfer 22,500 acres of land to settle massive litigation brought against them by the United States alleging that they caused a 2007 fire that destroyed 65,000 acres in California. Sierra Pacific has always maintained that the fire started elsewhere and that the state and federal investigators and Department attorneys lied. Now that settlement may go up in smoke because of the new evidence of outrageous misconduct by the federal prosecutors and the investigators from state and federal offices, as well as findings earlier this year by a state judge.

(Excerpt) Read more at observer.com ...


TOPICS: Conspiracy; Society
KEYWORDS: agenda21; alexkozinski; california; corruption; doj; dojcrime; ericholder; govermentshakedown; holder; holdercorrupt; holdershakedown; judgeengland; justicedepartment; ninthcircuit; ninthcircus; sierrapacific
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1 posted on 10/19/2014 7:17:59 AM PDT by right-wing agnostic
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To: right-wing agnostic

All Bush’ fault. All hail The One, The Only, Baraqas Hussein Obama, ruler of the universe...


2 posted on 10/19/2014 7:21:12 AM PDT by jsanders2001
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To: right-wing agnostic

Why should the feds get anything even if the company was liable ?


3 posted on 10/19/2014 7:21:34 AM PDT by dalebert
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To: right-wing agnostic

This judge needs to start issuing bench warrants for arrests.


4 posted on 10/19/2014 7:22:28 AM PDT by headstamp 2
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To: right-wing agnostic

“Mr. Holder will no longer have the shield of the Attorney General and the Department of Justice to protect him from congressional, grand jury, or other subpoenas. The next question is: Which criminal lawyer will he hire to defend him and how soon?”


5 posted on 10/19/2014 7:25:14 AM PDT by Paladin2
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To: headstamp 2

Yep. I’m tired of government employees acting like gangsters and then the taxpayers have to provide the money for damages. Baloney. Hold the gangsters responsible.


6 posted on 10/19/2014 7:27:06 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: right-wing agnostic

The story is not specific, but it seems the fire started from some OTHER cause, but this company was framed and blamed, because they are in the “evil” logging business.


7 posted on 10/19/2014 7:29:32 AM PDT by G Larry (Which of Obama's policies do you think I'd support if he were white?)
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To: jazusamo; Flycatcher; SierraWasp; Whenifhow; TEXOKIE; Cindy; girlangler; Baynative; AuntB; ...

Judge Morrison C. England Jr. ordered the entire judiciary recused from a case another judge called “egregious” and “reprehensible”


8 posted on 10/19/2014 7:33:45 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: right-wing agnostic
Memorandum of Law, prepared in advance of argument to be heard next month, asking the court to set aside the judgment based on fraud on the court.

This is framed by the defendant (Sierra Pacific), as was the press release, but this 100 page pdf has much more information, and answers many questions asked here.

The US sued as a property owner. It owned the land, its trees were burnt, and it blamed Sierra Pacific for the loss. The government won at trial, and Sierra Pacific has been paying damages in accordance with the federal court's order.

Turns out the prosecutor was corrupt. Quelle surprise. Many of them are. The legal process is competitive sport to them, and it isn't cheating if they don't get caught. Not to mention that there is plenty of room within the rules, to mislead the court.

9 posted on 10/19/2014 7:39:14 AM PDT by Cboldt
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To: dalebert

US government owned the land and lost trees. It blamed Sierra Pacific for the loss, and won its lawsuit.


10 posted on 10/19/2014 7:40:57 AM PDT by Cboldt
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To: blueunicorn6; headstamp 2
He awarded $32 million in fees and expenses to the Defendants, finding as the Sacramento Bee reports, that the state agency, Cal Fire, “withheld some documents, destroyed other evidence and ‘engaged in a systematic campaign of misdirection with the purpose of recovering money’ from Sierra Pacific.”

A defendant that did these things would go to jail.

The same should happen to prosecutors who do such things.

Giving money to the wronged individual is the right thing to do because this company is out a lot of money defending themselves but it does nothing to punish the users of government power who misused that power.

11 posted on 10/19/2014 7:41:03 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: right-wing agnostic

Imagine that, Holder’s justice department behaving unethically. I’m shocked. /s

What is really shocking is an attorney who would quit this mess on principles and a black judge in California that is not in the can for obola and willing to buck they corrupt system.


12 posted on 10/19/2014 7:42:57 AM PDT by Sequoyah101 (Obola brought to you by demorats. Hope you like your Change and live to tell it.)
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To: right-wing agnostic

Freepers have known for a long time, just by casual observance the DOJ under Holder and the entire obama administration have made corruption the fabric of DOJ, as well as every Federal Agency.

Follow the money, the Just-Us Dept, is the tip of the iceburg, of all the Judges in the U.S. only one has now taken a stand, I hope he survives, so others may do the same, would it not be great if courage, truth and honesty became the core of our judicial system.


13 posted on 10/19/2014 7:43:49 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: Pontiac
-- it does nothing to punish the users of government power who misused that power. --

Government actors have at least "qualified immunity," and anybody who is acting within the scope of the job there were hired to do has the employer as a backstop - i.e., the employer is obliged to pay for the defense, and to pay any judgment.

Haven't read all of the material in front of me on this subject, but I suspect some of the judges were "in" on the railroading job, and used their judicial power to shank Sierra pacific. This is common. Judges are rarely overturned on appeal, and are pretty much free to do as they please.

At some point, the misconduct becomes so stinky, that other judges step in to preserve the illusion of "fairness" and "justice." See Nifong and the couple of judges in Pennsylvania who were getting a cut for sending innocent boys to jail.

"Legal ethics" is an oxymoron. The standards sound tough, but failure to abide by them (short of stealing money from clients) has low risk of consequences.

14 posted on 10/19/2014 7:47:41 AM PDT by Cboldt
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To: Pontiac

I agree. The problem is that the U.S. taxpayers, who didn’t bring this case, are the ones being punished. We get to pay the judgement. The judges, who are lawyers, refuse to punish their fellow lawyers.


15 posted on 10/19/2014 7:53:27 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Pontiac; blueunicorn6; headstamp 2

You are so very correct. Crime must have consequence. Trying huge amorphous blob called government without consequence to individuals will accomplish little or nothing.

Lawyers are inherently corrupt. Their reason for being is to win at any cost right or wrong. There was a case here, all of this is in the news. The defense attorney claimed to be a marine vet, there are dishonorable marines. His defense was incompetence. His client was following every word and movement in the court room and reacting. The attorney has used the same defense before in a murder trial of a woman who killed a young mother in broad daylight at a child care and took her infant. This defendant killed three people in a drunken head on. How can you defend that and be a man of principle? There is a myth in everyone deserving a fair trial.


16 posted on 10/19/2014 7:53:31 AM PDT by Sequoyah101 (Obola brought to you by demorats. Hope you like your Change and live to tell it.)
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To: PoloSec
The Moonlight Fire case was tried in two separate courts, one a state court, and separately, a federal court. Two different defendants (state of CA, FED gov't). The state judge threw plaintiffs case out, and reamed them for misleading the state court. The federal court, on the same testimony, awarded money to the plaintiffs. What's happening now is the federal court is being asked to catch on, and defendant (Sierra Pacific) has some damning evidence.

Anyway, seems there at least two judges on the ball. The state court judge who caught on the first time around, and now a federal judge has been put under a microscope by the existence of damning evidence.

I'm sure it pisses the judge off, and while his words might read as being pissed at the government, he is likely just as pissed at Sierra Pacific for making a stink.

17 posted on 10/19/2014 7:54:02 AM PDT by Cboldt
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To: right-wing agnostic

The Justus department is run by a bunch of looters.


18 posted on 10/19/2014 8:02:45 AM PDT by Lurkina.n.Learnin (It's a shame nobama truly doesn't care about any of this. Our country, our future, he doesn't care)
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To: Lurkina.n.Learnin

Moonlight Fire
http://en.wikipedia.org/wiki/Moonlight_Fire


19 posted on 10/19/2014 8:05:48 AM PDT by Lurkina.n.Learnin (It's a shame nobama truly doesn't care about any of this. Our country, our future, he doesn't care)
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To: right-wing agnostic

I am not surprised one darn bit. I wonder what the political inclinations of Sierra Pacific are...if any?

This is a naked money and power grab by bored useless eaters/AKA Federale employees/ with an axe to grind against a large corporation. Imagine the bragging they could do at liberal cocktail parties


20 posted on 10/19/2014 8:11:55 AM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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