Posted on 05/25/2011 11:33:51 AM PDT by rxsid
"2D Circuit Court of Appeals Acts Like Thugs To Shield Judicial Fraud on The Court in Chrysler Dealers Case.
The 2d Circuit Court of Appeals has issued Rule 38 sanctions against Steve Pidgeon and I, and they have refused to offer any review of the merits of our appeal, other than to say it was “utterly frivolous”:
“As to the merits of Appellants’ claims, they are utterly frivolous. We reject these claims on the merits for substantially the same reasons set forth by the district court below.”
No discussion of the facts at all. Our proofs that the Bankruptcy Court CHANGED the testimony of a key witness thereby perpetrating a fraud on the court were completely ignored and not even addressed by the 2d Circuit Court of Appeals.
In the District Court, oral argument was ordered by the court twice and our clients had to pay airfare for Steve to fly out here twice. We never asked for oral argument and neither did opposing counsel. The airfares were non-refundable. And the District Court canceled less than 24 hours before the first oral argument. Eventually, after ordering and canceling oral argument a second time, the District Court issued a seven page opinion which did not in any way allege the appeal was frivolous.
THE FRAUDULENT BANKRUPTCY COURT OPINION.
The witness stated that it made no material difference to Fiat whether the dealership network was restructured before or after the sale closed. (See May 27, 2009 Hearing Transcript at 352.)
It’s a very straightforward answer. Altavilla clearly testified that whether the dealer restructuring took place after the sale closed made no material difference to Fiat. Clearly, this man and his foreign company were not going to walk away from a deal where the American people paid the ENTIRE 20 plus billion dollar purchase price for them. Zippo nada zilch was paid by Fiat who were therefore in no position to demand 40,000 American jobs be lost and 789 dealerships be gutted. Fiat didn’t make that insane demand and the testimony above clearly shows this to be true.
But Judge Gonzalez needed Altavilla to say that Fiat did demand the dealers be cut so that he could approve the dealers being gutted. So the Judge decided he was going to usher in a new era of judicial ventriloquism. Judge Gonzalez – through the use of creative footnoting – made up his own testimony and stuffed it into the mouth of Altavilla.
Please compare and contrast Altavilla’s testimony with Judge Gonzalez at Footnote 21 of the Gonzalez Rejection Opinion:
ALTAVILLA’S TESTIMONY
Q. If this transaction closes without an absolute requirement of a particular number of dealers that are being terminated, would Chrysler still go through with this deal — I mean, rather, would Fiat still go through with this deal?
A. The answer is that a restructure needs to occur. Whether it occurs before or after the closing of the deal is not a material difference.
THE JUDGE GONZALEZ OPINION AT FOOTNOTE 21
21 …Altavilla also responded affirmatively to a question regarding whether a dealership network needed to be restructured for the Fiat Transaction to close, stating that a “restructuring needs to occur.”
Altavilla never responded to any such question in the affirmative. Never. This is a fraud on the Court, on the nation and on truth. Any grammar school child can easily grasp that the witness clearly indicated restructuring prior to the sale closing was not a material difference to Fiat. And if it was not a material difference to Fiat, 789 dealers and 40,000 jobs could have been saved while your Government gifted this American auto institution to a foreign national conglomerate with your own taxes. That’s it in a nutshell, people.
The judge perpetrated a fraud on the court. And because we had the audacity to bring this fraud public, we have now been smacked down by the 2d Circuit who did not even have the courage to address the facts in their one page opinion.
This is the state of affairs in your courts. Like I said yesterday, the courts have made it abundantly clear they do not want me to appear before them.
What the 2d Circuit has done today is nothing more than thuggery and intimidation.
They are telling all who are aware that they do not have to explain themselves and they do not have to address legal arguments and facts. All they have to do is say “utterly frivolous” and that is it. It’s a federal mafia hit upon truth and justice. Not only do you lose the case, but you must pay the other side’s legal fees. That’s how they plan on stopping all who dare to expose their fraud.
PLEASE DONATE AND SEND THE THUGS A MESSAGE OF PROTECTION.
I have worked on this blog for three years and never asked for a donation or advertised anything… ever. Yesterday, I bared my soul here because I knew what was coming. I knew with absolute certainty that the 2d Circuit would pull this evil crap. No law firm has ever been sanctioned before in this manner. NEVER. The court issuing sanctions has always stated why the facts of the case were frivolous, but here they cannot do that because they would look like idiots. Anyone can see that there was a fraud on the court. In order to protect themselves, the 2d Circuit simply decided they would not address the facts.
I knew this was coming and I knew I would be asking for donations as a result. I posted what I did yesterday so that when I asked for donations, people would know EXACTLY who they were donating to. I didn’t want there to be any confusion about myself and who I am. I held no hope at all that the 2d Circuit would back off their intimidation. I am proud of the work, and the briefs speak for themselves. They are true and accurate.
If you believe there was a fraud on the court and that the sanctions issued here are punishment for our daring to speak truth to power, please donate whatever you can afford so that we may pay this bill as a badge of honor. We took this case in order to expose a fraud on the court, and Steve and I are proud to have been sanctioned by these thugs in the 2d Circuit. I wear these sanctions as a badge of honor. If you want to stand with us, please donate. The sanctions have been imposed directly on Steve and I, not the dealers.
I hope that the donations will surpass the amount awarded to opposing counsel. The excess will be donated to Operation Smile, which pays for operations to fix cleft lip and palate for children. Please donate as much as you can. I will run a donations bar updating the amounts donated and I will update this post when the Judge sets the sanctions award.
I want to turn this intimidation right back on them. Steve and I did nothing other than point out an obviously false statement made by a Judge. For doing that, we are being punished. If this is the way of justice in America, then America is really screwed. Please send the 2d Circuit a message that you know their sins. If you don’t think the 2d Circuit is guilty, don’t donate. It’s that simple. Neither Steve nor I has ever been sanctioned by any court for any reason… ever. Between us we have 36 years of legal experience. This is nothing but thug life intimidation. That’s what justice is in Amerika today.
Leo Donofrio, Esq.
Pidgeon & Donofrio GP"
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| Senator (1 of many) | Citizen | 30 | 9 years a Citizen |
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| Represantative (1 of many) | Citizen | 25 | 7 years a Citizen |
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"2D Circuit Court of Appeals Acts Like Thugs To Shield Judicial Fraud on The Court in Chrysler Dealers Case.."
“Your claims are frivolous” and “you have no standing” are the new buzzwords that the progressive judiciary uses when dismissing the rights of citizens without due process.
Donofrio didn't even allege any fraud on the court; he alleged that the judge made an erroneous ruling, which is something that he could have challenged in an ordinary appeal, and didn't. Calling the judge's ruling a "fraud" rather than a mistake doesn't help him; there is no exception for fraud by the court, only for fraud on the court, and even that exception doesn't apply where the "fraud" was right there on the record so it could have been raised in a timely appeal.
The actual parties to the case, who did timely appeal the judge's ruling, didn't even raise the judge's statement as an issue on appeal, because they recognized that it wasn't a very important error. There was zero evidence that this was "fraud," and no possible way it could have been fraud "on the court."
Time soon approaches when true leaders will read and enforce
The Founding Document: The Declaration of Independence
Exactly right. All too often forgotten as such.
I learned a lot from the research found by him and others on Leo's blog, but Leo is not always rational, IMO, and has mental health issues, I fear, especially if you read his immediately preceding post on his blog “I am not who you think I am,” IIRC.
Leo has flip-flopped on whether Obama’s BC is signficant and posted MissTickly’s “proof” that the latest BC was forged (before taking it down) but now Leo says he believes Obama was most likely born in Hawaii! He is spinning like a top!
I would just say to them both: “Welcome home to the club.” Orly Taitz got the same treatment, and you would wonder, what’s happening to our U.S. justice system lately???
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