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Executive Summary

Human Rights Alert, a Los Angeles-based NGO, views the 2010 Universal Periodic Review (UPR) of the United States of America (US) by the United Nations (UN) as a unique historic opportunity. The UPR must engage in objective external inspection of the justice system of the US, local, state, and federal, as central to compliance with the Universal Declaration of Human Rights. Accordingly, a series seven Articles are quoted from the Universal Declaration of Human Rights, which pertain to integrity of the Justice System, and where the major violations in the US are alleged. Next the submission provides a list of nine Key Cases as the core evidence of the violations. The cases highlight alleged large-scale violations of Human Rights in the US today, by the courts and the justice system itself. The nine Key Cases are supplemented by a series of Appendices, which are state/federal agency specific. Together, such records produce a detailed picture of the US justice system and the US Human Rights record today. The scope and depth of Human Rights violations which are evidenced in instant report are likely to be deemed surprising, since the matters are largely under reported. Five far-reaching Conclusions are drawn from such evidence. In essence - that precipitous deterioration in integrity of the US justice system took place in recent decades, which has reached a crisis level; that conditions of the US Justice System are unlikely to self-correct in a timely fashion through checks and balances that are inherent to the US Constitution, and that such large-scale violations of Human Rights in the US, and such state of the US Justice System pose a clear and present danger to world peace and welfare. Accordingly, the Human Rights Alert offers five Recommendations.

The recommendations focus on strict enforcement of the law on the courts themselves, in areas that may appear merely technical, but are essential for the transparency of the courts and the safeguard of integrity in court procedures and court records:

(a) Restoration and strict enforcement of First Amendment right to access court records – to inspect and to copy, and (b) Strict enforcement of the Rule Making Enabling Acts (states and federal). Implied in enforcement of the Rule Making Enabling Act is subjecting the case management and public access systems of the courts, which are seen as enabling tools of the corruption, to publicly accountable validation (certified, functional logic verification).

I. ALLEGED HUMAN RIGHTS VIOLATIONS
The primary Human Rights, pursuant to the Universal Declaration of Human Rights, violations of which are alleged in instant submission are:

1. Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

2. Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

3. Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

4. Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

5. Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

6. Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission, which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

7. Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

II. KEY CASES
Human Rights Alert, a Los Angeles, California based NGO, alleges herein large-scale, pervasive abuse of the Human Rights of the people of the US through widespread corruption of the courts, law enforcement, the legal profession, and financial institutions. Eight (8) specific matters are provided as highlights:

1. False imprisonment for over a decade of thousands of Rampart–FIPs (Falsely Imprisoned Persons) in Los Angeles County, California (since before 1998).

The Rampart-FIPs are the victims of the Rampart corruption scandal (1998-2000), almost exclusively black and latinos, who have almost all remained imprisoned. By estimate, about a third of them were still juveniles at the time of their false confinement. An official government panel (2006), which reviewed such state of affairs some eight (8) years after the launch of the initial scandal investigation, with no official report of the investigation ever issued, concluded that it was unreasonable from the start to expect that the corrupt justice system of Los Angeles County would have been able to investigate, prosecute, and judge its own corruption. The panel refused to issue specific findings regarding the scope and nature of the corruption involved in the Rampart scandal, since the Los Angeles Superior Court continues to deny access to court records, in disregard of US First Amendment and Human Rights. Therefore, not even a good estimate of the number of victims is available.

The official review panel recommended an outside investigation, to examine the integrity of the Los Angeles Superior Court, Los Angeles County prosecutors, and the Los Angeles Police Department. Such recommendations remain unheeded. The ongoing false imprisonment of thousands of Rampart-FIPs is alleged as a Human Rights disgrace of historic proportions.

2. Drowning deaths of prisoners in New Orleans, Louisiana, during Hurricane Katrina (2005).

An unknown number of prisoners were abandoned by the prison guards to drown in a New Orleans prison when water level were rising. It was likely one of the most serious abuses of Human Rights in the US in the past decade. No official report of US, State of New Orleans, or local government could be found on the matter. The case remains shrouded in secrecy, with no evidence of corrective measures at all.

3. False imprisonment of thousands of juveniles in a “kids for cash” scandal in Luzerne County, Pennsylvania (exposed in 2008).

The false imprisonments in Pennsylvania were the result of corruption of the justice system, were the main culprits are State of Pennsylvania judges, of are now prosecuted for racketeering. The case is still unfolding. Media reports indicate that complaints regarding corruption of the courts in Luzerne County were ignored for years.

4. Large-scale corruption of the courts in El Paso, Texas (exposed in 2009).

The scope of the corruption of judges in El Paso, Texas, is difficult to gauge, since media are denied access to court records, and information is scarce of the still evolving scandal.

5. Large-scale corruption of government in San Bernardino County, California (exposed in 2010).

The scandal is still evolving. For several years the local media in San Bernardino County, California, have been exposing and denouncing the corruption of senior county officials and the San Bernardino Superior Court. Senior County officials were indeed recently indicted. However, there is no indication that investigation of overwhelming, credible evidence of corruption of the San Bernardino Superior Court has ever been instituted.

6. Ongoing Financial/Integrity Crisis involving Large Financial Institutions, law-firms, the Courts, and Banking Regulators (exploded in 2008).

The crisis can be studies as (a) Fraud of unprecedented, trillions-of-dollars-scale against the US treasury and the people by large US financial institutions; (b) Routine fraud against individual home owners by the same institutions in collusion with the courts and large law-firms, and (c) Refusal of US law enforcement to provide Equal Protection for the individual victims of such abuse, and cover up of the criminality underlying the crisis in reports to the people, to US Congress, and to the international community. Evidence is provided of such abuse by Countrywide Financial Corporation, Bank of America Corporation, and Old Republic International. Further evidence is provided for collusion in such abuse by some of the world’s and US largest law-firms, including but not limited to Bryan Cave, LLP, Sheppard Mullin, and Buchalter Nemer. Evidence is also provided of refusal of FBI, SEC, Office of Federal Trade Commission, Office of Thrift Supervision, and Office of the Comptroller of the Currency to provide Equal Protection to the individual victims. It is alleged that the crisis is fundamentally an integrity crisis, not a financial crisis per se.

7. Discrimination by the US Government against the region of Los Angeles County, California.

The discrimination is best evidenced in the refusal of US government to protect the fundamental Constitutional, Civil, and Human Rights of the 10 million residents of the county, including but not limited to right for Fair and Impartial Hearings, the right for National Tribunals for Protection of Rights, the right to Access to Court Records – to Inspect and to Copy, and the rights of Liberty and Possession. Such discrimination has been ongoing for at least two decades, effectively rendering Los Angeles County, California, an extra-constitutional zone. The origins of such state of affairs are found in long term collusion of US agencies with local agencies in profound violations of the law and abuse of the rights of the people, which left US agencies not willing, ready, able to investigate, and prosecute- if necessary, overwhelming credible evidence of racketeering by Los Angeles County judges.

8. False hospitalization of 70 year old, former US prosecutor Richard Fine in Los Angeles County, California
Richard Fine exposed and vocally rebuked the taking by ALL Los Angeles County judges of payments (~$45,000 per judge per year) that were eventually ruled in October 2008 “not permitted”. In parallel, he documented that it became practically impossible to win a case at the courts against the payer of the “not permitted” payments – Los Angeles County. In February 2009, at the urging of the California Judicial Council, the California Governor singed into law of dubious validity “Retroactive Immunities” for all judges who took such “not permitted” payments, to mitigate their civil and criminal liabilities. Less than two weeks later, on March 4, 2009, Richard Fine was apprehended by the Los Angeles County Sheriff’s Department Warrant Detail – albeit with no warrant at all. He has been falsely hospitalized under solitary confinement ever since. His case is of historic significance, since it provided abundant evidence of
(a) the racketeering nature of the conduct of the courts and the justice system of Los Angeles County, and beyond, and
(b) the central place of the case management and public access systems in producing false court records and perverting justice in all justice system agencies involved – Los Angeles Superior Court, Los Angeles Sheriff’s Department, US District Court- Central District of California, and US Court of Appeals, 9th Circuit.

9. Racketeering by judges is commonplace in the US.
Judges were/are prosecuted for racketeering in recent decades in San Diego and San Jose, California, in Cook County (Chicago), Illinois, and in Luzerne County, Pennsylvania. However, the evidence indicates that racketeering by judges in various parts of the US is common, in both state and US courts. However, such conduct is tolerated and patronized by FBI and US Department of Justice. The installation in the past quarter century of computerized case management systems at the courts amounted to a sea change in operations of the courts. However, in not a single case that was examined, were such systems adequately established in the Local Rules of Courts. Moreover, in all cases that were examined, introduction of such systems was accompanied with denial of public access to critical court records. Such conditions are claimed to be central to the precipitous deterioration in integrity of the courts. Complaints alleging racketeering by judges of the Los Angeles Superior Court were filed with US Attorney General already in 2008, with large volume of credible evidence. It is alleged that senior FBI and US Department of Justice officers provided fraudulent responses to US Congress in this matter in 2008. In late 2009 complaints were filed with US Department of Justice Inspector General, and Congressional Inquiries followed. The case is still pending.

III. CONCLUSIONS
The five (5) conclusions, listed below, are far reaching. Nevertheless such conclusions were deemed direct extension of the evidence provided in the HLA. It is acknowledged that Human Rights Alert never mastered the resources or the time to provide full substantiation of such conclusions. However, the significance of such conclusions is such, that they must not be overlooked, even if taken only as defining the scope and depth of required international effort in such matters:

1. Precipitous Deterioration in Integrity of the US Justice System took place in recent decades.
Regardless of the US’s unique contribution to establishment of the UN and the passage of the Universal Declaration of Human Rights in the wake of World War II, conditions in the US today reflect substantial deterioration of the integrity of government in general, and the justice and financial systems in particular.

2. Introduction of false database and case management systems in the justice system, at US government agencies, and in financial institutions, was central to the deterioration.

Such precipitous deterioration in the integrity of the Justice and Financial Systems in particular, and US government in general, is tightly correlated with the introduction of fraudulent large computer systems at US agencies.

3. Major harm was inflicted through such compromised integrity in the US government on the Human Rights of the people of the US and beyond, and on US and world economic growth potential.

The main harm from such deterioration in government integrity in the US is seen as two fold – in areas that are not often seen as conjoined: Abuse of Human Rights, and major loss in US and world economic growth potentials.

4. The undermined integrity of US Justice and Financial Systems is unlikely to be remedied in a timely manner through checks and balances that are intrinsic to the US Constitution.
The conduct of the US and states judges was and is inherent and central to the development of current conditions. Such conduct is claimed as abandonment of their oath of loyalty to the US Constitution. Therefore, it was unlikely that the US would be able to self-correct in a timely fashion through the checks and balances that are inherent to the US Constitution.

5. Allowing such conditions to prevail and the deterioration to continue incurs risks that defy assessment to world peace and welfare.
Such compromised integrity of US government systems undermines the power of the US central government and the White House, and allows peripheral regions, such as Los Angeles County, California, to flaunt their defiance – as renegade regions of the US. Conditions in Los Angeles County, California, are best reflected today through the case of Richard Fine, the falsely hospitalization, for over a year, of the 70 year old former US prosecutor, who exposed the widespread corruption of the judges of the Los Angeles Superior Court in taking payments that were “not permitted”. Allowing the US to lose its cohesion at the dawn of the 21st century incurs risks that defy assessment to world peace and welfare.

IV. Recommendations

1. Ignoring the large-scale Human Rights violations by the US, exposed through the 2010 UPR, is not a reasonable, viable option for the international community.
Restoring the integrity of US government and restoring US Human Rights compliance are critical for world peace and welfare. No response at all must not be allowed.

2. International efforts should focus on immediate effective actions by the US government to enforce strict compliance of the US and state courts with: (a) The Right to Access Court Records – to Inspect and to Copy, and (b) The Rule Making Enabling Acts (states and federal).
Emphasis on these two measures may initially appear as narrow and technical. However, based on review of conditions in various courts across the US, it is concluded that enforcement of these two measures is both necessary and sufficient to affect an immediate, dramatic improvement in integrity of the US Justice System. Moreover, enforcement of these two simple measures is easy to monitor. Finally, enforcement of these two measures will empower the residents of the various regions of the US to assert their Constitutional, Civil, and Human Rights, by making the courts much more transparent.

Implied in the enforcement of the Rule Making Enabling Act is explicit enumeration of the Local Rules of Courts, which are embedded in the specifications and programming of the computerized case management and public access systems of the courts. Such systems were installed in state and federal courts across the US in the past two decades. They amounted to a sea change in the operations of the courts. However, in no case that was examined, were the systems installed in a manner that was honest, valid, and effectual in compliance with the law. On the contrary, in each and every case that was examined, features were found in the design and operation of such systems, which upon review by competent authorities should be deemed fraud on the people.
Implied in enforcement of the Rule Making Enabling Act is also compliance with the requirement for posting of new proposed Rules, embedded in such systems, for a reasonable period - for public comment and challenge. Given that such rules are embedded in computer programs, it would be necessary to extract such rules and explicitly state them in natural language. However, such process of extracting the Rules from the programs must be publicly monitored in order to honestly enforce the Rule Making Enabling Act. It is therefore deemed essential that extracting and posting the Local Rules embedded in such systems, be executed in the context of subjecting such systems to publicly accountable validation (certified, functional logic verification). Similar measures should eventually follow in other US agencies, in financial institutions, and in public corporations.

3. Effective monitoring by the International Community of US efforts to enforce the law on the courts is essential.

The primary stakeholders – the UN, the European Union, and China, must engage in intensive monitoring of US actions and progress in enforcing the law on the US and states courts. One form of such monitoring that may prove particularly effective, would be in routine, comprehensive attempts by such international monitors to exercise the right to access public records – to inspect and to copy, at the courts and at any other applicable US and states agencies.

4. The US may opt to institute a “Truth and Reconciliation Commission”.

It is claimed that once public access to court records – to inspect and to copy – is restored, the US public is likely to be shocked by the level of criminality by state and federal judges, which is evidenced in court records that are today concealed. Conditions in the US today are in fact “Tyranny of the Courts”. Accordingly, upon relief of such tyranny, Truth and Reconciliation Commission may be found to be a practical necessity, as used in other nations who emerged from various types of oppression.

 

 

 

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10-03-31 Introduction to Human Rights Alert Submission for 2010 United Nations Universal Periodic Review of the United States
 
Introduction (Draft)
 
The Universal Periodic Review (UPR) by the United Nations (UN) of the United States of America (US) is a historic first, and a unique opportunity for objective outside observers to inspect the justice system of the US, in the middle of turmoil and international violent conflicts in Iraq and Afghanistan, which were initiated under claims of enforcement of law and justice, as well as financial crisis of historic proportions. The report below alleges that the US justice system and law enforcement are largely corrupt.  Credible evidence provided below documents that events that the international community was made aware of in Guantanamo Bay and in Abu Ghraib, are also endemic inside the territorial US.  Moreover, credible evidence provided below shows the central role of the corrupt justice system and law enforcement of the US in harm inflicted on the people of the US and on workers and investors world-wide as part of the ongoing financial crisis. The report below is therefore also a call for action by the international community and the UN for protection of the people of the US, and beyond, from further harm by the government of the US.
 
The records below are submitted to the UN, as part of the UPR process, as complaint regarding serious, long-term violations of the Human Rights of the people of the US by its own government.  The focus of the complaints and the allegations listed below are in the establishment of a court system and law enforcement that are founded in fraud at all levels.  The evidence in instant report is primarily, but not exclusively, from the Los Angeles region of California. Such evidence documents corruption of the justice system and law enforcement from the local county court, part of the State of California court systems, to the US District Court – part of the network of national tribunals, through the US Court of Appeals, 9th Circuit, which oversees the entire US Western region, to the US Supreme Court. In parallel – evidence is provided for the patronizing of such corrupt court system by the US Department of Justice.
 
A secondary focus in instant report is on the collusion between the corrupt courts, justice system, and banking regulators, on the one hand, and large financial institutions, on the other, in fraud on the people of the US and beyond, which underlie the current financial crisis. In fact – the crisis is claimed to be an integrity crisis of the justice system and law enforcement in its essence.
 
1.      Superior Court of California, County of Los Angeles (LASC)
The examples provided here mostly, but not exclusively, originate from Los Angeles County, California, the most populous county in the US, with more than 10 million residents. Accordingly, the LASC is the largest county court in the US, with about 250 judges and 150 commissioners. The claim is that overwhelming credible evidence documents the discrimination by the US government against this region of the country, allowing it to be governed outside the real of the US Constitution, through racketeering of the judges of the courts with full knowledge and patronizing by US agencies for at least two decade. The racketeering by the judges of the LASC is primarily noted in the following areas, which appear under various headings below:

  1. Long term false imprisonment of thousand of people, the Rampart-FIPs (Falsely Imprisoned Persons), victims of corruption of the Rampart scandal (1998-2000), which the court refuses to set free.
  2. False imprisonment of Richard Fine – a 70-year old, former US prosecutor, held in solitary confinement for over a year after exposing the widespread corruption of the judges of the LASC.
  3. Establishment of a fraudulent records system in collusion with the Sheriff’s Department, which allows the routine false arrest and false jailings in Los Angeles County of thousands of inmates, with no valid court records to support the arrests and jailings.
  4. Installation of a fraudulent case management –SUSTAIN - and public access systems that made court records invalid and allow the judges to pervert justice on routine basis.
  5. Denial of access to court records, to inspect and to copy, a fundamental First Amendment Right.
  6. Denial of the right for Notice and Service of court papers, orders, and judgments.
  7. Taking of secret “not permitted” payments for well over a decade by ALL judges of LASC from the government of the County of Los Angeles (in addition to their lawful pay from the government of the State of California), and in parallel – conditions where it became impossible to win a case against County of Los Angeles in court.
  8. Real estate fraud by the judges of the LASC under the guise of litigation. Even when such fraud is fully documented, no State, or US law enforcement agency would stop the criminal conduct of the judges.
  9. Collusion with large financial institutions, such a Bank of America Corporation (BAC), Countrywide Financial Corporation (CFC), Old Republic International (ORI), Union Bank, in fraud under the guise of litigations.
  10. Financial mismanagement and credible evidence of large-scale financial fraud in operations of the court.

2.      California Court of Appeals, 2nd District (Los Angeles) – (CACA2nd)
The examples provided below document the role of the California Court of Appeals, 2nd District in facilitating the conduct of the Superior Court of California, County of Los Angeles:
a.       The  CACA2nd issued a series of decisions that set the stage for the fraudulent practices of the Superior Court, by undermining Due Process procedures pertaining to entry of judgment and notice of entry of judgment.
b.      The CACA2nd routinely affirms and upholds corrupt decisions and judgments of the California Superior Court, County of Los Angeles.
c.       The CACA2nd created its own fraudulent record keeping system, similar to the systems operated by the LASC.
d.      The CACA2nd routinely colludes with the LASC in using records of the LASC, where access is denied to the parties participating in the appeal.
 
3.      California Supreme Court Chief Justice – Ronald George, and the California Judicial Council
The focus of the evidence below is on conduct of the Chief Justice of California Supreme Court, Ronald George, and the California Judicial Council.
a.       The official biography of Ronald George indicates that he was in leadership positions at the Superior Court of California, County of Los Angeles around 1985, at the time that Sustain the fraudulent case management system of the civil courts was installed. The installation of such system is deemed a key event in corruption of the courts. In fact – the system is deemed the enabling tool of the racket.
b.      The evidence provided below documents the role of the Judicial Council, chaired by Ronal George, in perverting justice in cases where judges of the Superior Court of California were named parties to litigation. The Council is shown to retain counsel, who fraudulently appear on behalf of such judges, file false records, declarations, all under the guidance of the Judicial Council.
 
4.      California Attorney General – Jerry Brown
The evidence provided below documents the refusal of the office of Attorney General of California, Jerry Brown, to address the widespread corruption of the LASC, while making false statements that he is “appalled by corruption”, when forced to confront it against his will.
 
5.      United States Court – Central District of California (USC-CACD)
The USC-CACD, which in terms of the Universal Declaration of Human Rights is key part of the network of national tribunal for protection of rights, is shown in the evidence below as central to the abuse of the rights of the people.
a.       The USC-CACD is shown in the evidence below to collude with the racketeering judges of the LASC, and in providing them the guise of legitimacy in review of their conduct under litigations at the USC-CACD.
b.      The USC-CACD is shown below to operate its own false and fraudulent case management and public access systems – PACER and CM/ECF.  The use of such fraudulent systems by the Office of the Clerk is deemed essential for the corrupt practices of the court.  The systems were installed through a large-scale project, coordinated by the Administrative Office of the US Courts, which took over a decade.
c.       The role of the USC-CACD is highlighted in perpetrating fraud on individuals who seek protection from wrongdoing by large financial institutions under the current crisis.
 
6.      United States Court of Appeals, 9th Circuit (CCA9th)
The CCA9th is by far the largest in the US, and a number of times its split was proposed. The focus of the evidence provided below is in fraud in operations of the CCA9th and its Chief Judge, Alex Kozinski:
a.       The CCA9th operates its own version of PACER and CM/ECF, which are essential for the generation and dissemination of false and fraudulent dockets and court records, which are routinely used to deceive and defraud the people.
b.      The CCA9th routinely affirms and provides the guise of legitimacy to corrupt practices of the judges of the USC-CACD and the LASC.
 
7.      United States Supreme Court (SCOTUS)
The evidence shown below documents the SCOTUS as the ultimate perpetrator of the fraud on the people, in generating false and fraudulent court records to affirm and provide the guise of legitimacy to conduct of the lower courts.
 
8.      Federal Bureau of Investigations (FBI) and United States Department of Justice (US-DOJ)
Credible evidence, provided below, documents the refusal of FBI and US-DOJ and its most senior officers to provide equal protection to the 10 million residents of Los Angeles County, California, against racketeering by judges. Moreover, the evidence documents fraud by the senior officers of the US-DOJ upon the US Congress, in response to official inquiries by member of Congress on FBI and US-DOJ in this regard.
 
9.      Securities & Exchange Commission (SEC) and Banking Regulators
Credible evidence provided below documents the central role of such US agencies, including, but not limited to SEC, Office of Thrift Supervision (OTS), Office of Federal Trade Commission (FTC), and Office of the Comptroller of the Currency (OCC) in facilitating the current financial crisis through refusal to enforce the law on large financial institutions, and in participating in false court actions, to generate the false appearance of enforcement. Such agencies are documented as continuing in such conduct to this date, regardless of false statements to the contrary that they routinely provide to the people of the US, to the US Congress and international agencies as well. It is difficult to gauge the scope of the economic events under way, which are clearly of historic magnitude, in redistribution of wealth in the US, decimating the home-owning middle-class, and enriching a very small class including primarily management of financial institutions.
 
The Universal Periodic Review, a historic first, is seen as a unique opportunity for the establishment of the fundamental true facts regarding the US justice system and banking regulators, and initiation of efforts for corrective actions by the UN and the international community.


 

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