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Business/Finance
See other Business/Finance Articles

Title: The New Teamwork: American Judges and Prosecutors
Source: [None]
URL Source: http://www.lewrockwell.com/anderson/anderson295.html
Published: Aug 11, 2010
Author: William L. Anderson
Post Date: 2010-08-11 06:39:06 by Ada
Keywords: None
Views: 200
Comments: 13

As one who often writes about courts and prosecutorial misconduct, I must admit to having no confidence anymore in American judges having any integrity at all. One of the defining moments for me came in the Tonya Craft case in North Georgia when the judge, Brian House, literally took cues from the prosecutors during the trial, as they gave him hand signals and other indications of what he needed to do in certain situations.

It should surprise no one that House desperately tried to rig a conviction, and when he received the "not guilty" verdict from jurors and read it before the verdict was read to the people in the courtroom, his face turned ashen and his expression was one of utter shock. However dishonest and sordid his actions, at least House was unable to get the jurors to vote his way; Shalom Rubashkin was not so fortunate, as his judge not only was hostile to him throughout the trial, but now we find that the judge played an important role in the prosecution of the case.

In my first article on Rubashkin’s conviction, I dealt with the charges and the sentence that Judge Linda Reade imposed on him – 27 years, which is longer than many murderers receive – and was entirely out-of-kilter with what the law is supposed to do. Readers know that I have trouble with how federal criminal law is imposed and how prosecutors can take about any action, including a legal action, and roll it into the "fraud" statutes that enable prosecutors to make their careers.

However, new documents released now demonstrate that Reade was far more involved in this case than I could have imagine, and that there is no way humanly possible for her to have done what supposedly is her job: be an impartial jurist:

A federal judge conspired with the Bush Department of Justice to plan the largest immigration raid ever in the United States, and then presided over the trial of the plant’s manager, eventually sentencing him beyond even prosecutors’ recommendation.

New documents show Linda Reade, the chief judge of the U.S. District Court for the Northern District of Iowa, was involved in the planning of the Immigrations and Customs Enforcement raid on the Agriprocessors kosher meatpacking plant at least six months before it occurred in May 2008. She asked for briefings from law enforcement and went as far as to ensure the raid was conducted around her vacation schedule.

But the judge never said a word of this to the defense lawyers for Sholom Rubashkin, the Agriprocessors manager, when she presided over his trial on bank fraud. She didn’t recuse herself from the case, either.

Indeed, all through the proceedings leading up to the trial, and then during the trial itself, it was clear that Reade has utterly hostile to the defendant. Furthermore, the very notion that she played what effectively was a "law enforcement" and prosecutorial role even before Rubashkin’s kosher meat-processing plant was raided automatically should have disqualified her. Furthermore, by stepping outside of her role as a judge, she opens herself to lawsuits, as she has absolute immunity only in her role as a judge, not as a law enforcement officer.

The media and the courts have framed this as a "financial fraud" case, as though Rubashkin was the Second Coming of Bernie Madoff. However, the "financial fraud" that Rubashkin committed was not "fraud" at all in the historical sense. This is what I described in my previous article:

In the case of Agriprocessors, the loan was a revolving $35 million payout that enabled the company to keep a steady cash flow, meet payroll, and pay its bills. The firm was not arrears in payment, and all indications were that the company would be able to meet its obligations to the bank.

Because the federal courts have eviscerated the ancient doctrine of mens rea, which means that prosecutors needed to prove that a person charged intended to commit a crime, intent to defraud no longer matters. In fact, one can argue that Agriprocessors did not "defraud" First Bank at all, and there are indications that the bank knew that Agriprocessors was overstating its revenues and underestimating its costs (something the federal government does every year, but never results in anyone’s arrest), but did not care because its good customer paid its bills on time. The company was profitable, and so was the bank.

That was not all, according to the feds. Apparently, certain suppliers of cattle and other things are required by a little-known (and almost never enforced) law from the 1920s to be paid within 24 hours. No one had complained about the late payments, to my knowledge; instead, it was yet another of those "legal technicalities" that federal prosecutors use when they want to convict someone on something.

Now, the bank would not have called the loan and lost all those millions had the federal government not shut down Agriprocessors. However, the government is claiming that the business itself was a $35 million fraud, as though Rubashkin were running a Ponzi scheme. (Oh, sorry, only the government is permitted to run a Ponzi program that we know as Social Security.)

Thus, the real cause of the losses was not the business practices of Rubashkin per se, but rather the way that the federal government dealt with the situation. The Bush administration wanted to make a statement to its conservative base regarding illegal immigrants being employed in the United States and it chose to make an example of Rubashkin and Agriprocessors.

Keep in mind that the feds can do the same to any business, even those businesses that absolutely operate above board in every way. Federal agents can act on false allegations (which they do all the time), raid the place, shut it down, and then claim that the entire operation was fraudulent after the company cannot pay its bills, and don’t think they don’t do this.

Federal agents have absolutely no personal stake in the success of a business or even private enterprise in general. They are in privileged positions and can extract whatever they want from people who are not so well-placed, and they do it on a regular basis. That means that if they drive legitimate businesses into bankruptcy, that is no problem to them, and if other lives are ruined and the economy sinks a little bit lower, who cares? The prosecutors and judges get their paychecks.

If anything, the revelations that Reade was involved up to her eyeballs in the Rubashkin case from the very beginning sets a new low in federal criminal law – if it is impossible for these people to sink any lower. It absolutely is clear that from the start, Reade was trying to engineer an arrest and conviction, and if she had an ounce of integrity (honest federal official, of course, is an oxymoron), she would resign immediately.

However, I am sure that Reade will go on as though nothing happened. One hopes that the appellate courts will note the misconduct, but I will not be holding my breath.

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#1. To: Ada (#0) (Edited)

A federal judge conspired with the Bush Department of Justice to plan the largest immigration raid ever in the United States, and then presided over the trial of the plant’s manager, eventually sentencing him beyond even prosecutors’ recommendation.

The article can be summed up as being that foreign invaders should get "fairer" trials than citizens.

I disagree with that. The press continues its bigotry towards U.S. citizens.

PaulCJ  posted on  2010-08-11   7:14:26 ET  Reply   Trace   Private Reply  


#2. To: PaulCJ, ada (#1)

the writer's apparent soft spot towards illegals does not negate the judge's gross misconduct. what i found amusing was his contention that bias & conspiracy on the part of da s & judges was in any way 'new'.

"if I have all faith so as to move mountains, but do not have love, I am nothing." 1 Cor 12:31—13:13
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://georgewbush-whitehouse.archives.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2010-08-11   9:22:40 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

As one who often writes about courts and prosecutorial misconduct, I must admit to having no confidence anymore in American judges having any integrity at all. One of the defining moments for me came in the Tonya Craft case in North Georgia when the judge, Brian House, literally took cues from the prosecutors during the trial, as they gave him hand signals and other indications of what he needed to do in certain situations.

Just another day in the world of business.

a page from DUNN & BRADSTREET:

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-11   9:40:46 ET  (1 image) Reply   Trace   Private Reply  


#4. To: PaulCJ, Artisan (#1)

The article can be summed up as being that foreign invaders should get "fairer" trials than citizens.

Reading comprehension FAIL!

The article can be summed up as that the rule of law is in rapid decline, ancient principles of law are being demolished, and judges are now routinely conspiring with prosecutors to rig guilty verdicts in criminal trials.

At no point does the author suggest that foreigners should get "fairer" trials than citizens. He never even mentions foreigners being tried at all.

Patriot Henry  posted on  2010-08-11   11:38:08 ET  Reply   Trace   Private Reply  


#5. To: AllTheKings'HorsesWontDoIt (#3)

a page from DUNN & BRADSTREET

The Supreme Court is being traded as a corporation? I didn't know that. Do you have anymore info about it?

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2010-08-11   14:50:40 ET  Reply   Trace   Private Reply  


#6. To: GreyLmist (#5) (Edited)

Not just the Supreme Court. ALL the courts...they are a money-making machine. That's why we have so many laws; it creates more lawbreakers to make a profit from; that's why we are the most imprisoned nation on earth: 2 million-plus incarcerated:

BONDS: Did You Know That Prisoners Are Bonded & Given A Cusip Number Which is pooled with all the other bonds and traded on the stock market under the name of the bonding warehouse (prison) where they keep the surety (person)? ... The cusip number is supposedly made up of the persons government created ID number, ... [Comment: Prison bonds are the biggest racket on the planet and that is why the the numbers are increasing in USA cells because its huge business. - Regards - Marko]...
http://loveforlife.com.au/node/5809

And not just the Courts are traded.....

Also the House of Reps. and the Senate and the White House....every government agency down to the State and Local level are registered on Dunn & Bradstreet as companies. Here's where I got the DUNN & BRADSTREET page:

http://nesaranews.blogspot.com/2...owns-our-corporation.html

See THE UNITED STATES ISN'T A COUNTRY; IT'S A CORPORATION by Lisa Giuliani...oh wait; the link is in here:

http://anticorruptionsociety.com...ther-name-is-still-fraud/

SEE ALSO: OUR GOVERNMENT IS A COMPANY [more Dunn & Bradstreet] anticorruptionsociety.com...-government-is-a-company/

...and it's not just America; it's everywhere....

Corporation Australia

"....In a nutshell, The Queen, The Crown and the Commonwealth of Australia are private corporations, as are all local, state and federal government departments, political parties, the media, and many barristers and lawyers. The ATO and the RTA are just some of the many private corporations making money for private interests. They do not benefit the men and women of Terra Australis. They are part of a ruthless alien occupying force coveting the common wealth of Terra Australis. The Royal Family is one of the main instruments behind this private corporation take-over and the rape of all our common wealth assets. ...." http://loveforlife.com.au/conten...ten-during-january-februa

Here's the Certificate of Incorporation for The Crown, bearing the Queen's coat-of-arms:

http://loveforlife.com.au/files/Crown%20Land%20Worldwide.pdf / http://loveforlife.com.au/conten...ction-just-who-owns-earth

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-12   0:41:36 ET  Reply   Trace   Private Reply  


#7. To: GreyLmist (#6)

BONDS: Did You Know That Prisoners Are Bonded & Given A Cusip Number Which is pooled with all the other bonds and traded on the stock market under the name of the bonding warehouse (prison) where they keep the surety (person)? ...

"ALL CRIME IS COMMERCIAL

27 CFR 72.11

Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marihuana will be treated as if such were commercial crime...."

www.commercialredemption.com/

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-12   0:51:18 ET  Reply   Trace   Private Reply  


#8. To: AllTheKings'HorsesWontDoIt (#6)

Egads. They've all gone stark raving mad and globally too. We the People of the Constitution need to step up as legal guardians of our government ASAP. Thanks for the links. I should have suspected as much from the courts, since I had posted something rather recently here about prisoner CUSIP numbers being traded on the market, as well as Americans in general, at posts #4,5,&9:

Dick Armey: Tom Tancredo is ‘Destructive’ to Republicans on Immigration

I bumped that thread a few days ago at #18 to research why the stock market return steps listed there didn't return anything when tested but hadn't gotten back around to it yet. Are you familiar with that procedure and human stock valuations from your studies? Maybe we should run a test using some of Obama's numerous reported SS#s that have been called into question and see if there are any stock market results returned for those.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2010-08-12   5:03:32 ET  Reply   Trace   Private Reply  


#9. To: AllTheKings'HorsesWontDoIt (#7)

I don't know why anyone looks for justice in the courts of man. It is not there.

Revelation 6:6 And I heard a voice in the midst of the four beasts say, A measure of wheat for a penny, and three measures of barley for a penny; and [see] thou hurt not the oil and the wine.

Red Jones  posted on  2010-08-12   7:14:17 ET  Reply   Trace   Private Reply  


#10. To: Red Jones (#9)

I don't know why anyone looks for justice in the courts of man. It is not there.

I'm going to answer you first...over here freedom4um.com/cgi-bin/re...ArtNum=121620&Disp=20#C20

I believe God is getting ready to rectify that. We have been in bondage for over 400 years, since they planted that cross at Cape Henry [Genesis 15:13-14/Galatians 3:16,17...29].

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-12   10:10:02 ET  Reply   Trace   Private Reply  


#11. To: GreyLmist (#8) (Edited)

Thank you so much for the link...and the link back to my post.

I only glanced at them...I have made plans for the next few days, which I had hoped to postpone a little once I saw your reply in order to do it justice, but I am getting pressure from my daughter, and only have a couple of hours to get myself together here.

I couldn't test the SS# stock market site. I have read about this before that the site was originally working, but as I said to Red Jones, there is an epic battle raging behind the scenes. The PTB have worked 2,000 years to get to this point, and they are not going down quietly, so I suspect they have tinkered with the site to keep us in the dark.

And yes, I believe ONE of the reasons they want the unfettered immigration, is because so many Americans have awakened to the fraud and the slavery, and have become "secured party creditors", that they need to replace us with new slaves. I had read a month ago [so much is happening now, and it is virtually impossible to verify everything one reads], that Obama ordered Timothy Geithner to arrest the Restore America Plan people and G. told O. he couldn't. Then he purportedly told him to kill the secured party creditors, and G. said there were too many of them - 22 million, the report said - and they would be missed. Maybe that is why Obama went after Jerry and Joe Kane, because they were TEACHING some of this.

Timothy Turner is purportedly in military lock-down, for "his protection". They say the military is on his side. I can't figure out what is true. I do wonder if Tim Turner is even alive at this point, even though I heard a short interview with him very recently [edit: but....see "When Seeing and Hearing Isn't Believing" http://www.public-action.com/911/voice-simulation/index.html ].

I will give you the website of another man who had the most amazing website, explaining all of this, and teaching people how to come out of Babylon for free, and then his site went down, and I thought he had been killed. His site is back up, but completely changed. His homepage gives a lot of insight into what has been going on behind the scenes. He says he now has a perfected processs. He also has a video to search your birth certificate on the stock exchange. I don't know if this is the same one you saw. I looked at it last week, and I couldn't make heads or tails out of it. Maybe you can.

here: http://www.sovereign.netau.net/

I truly wish I had more time to spend on this. The more people that know about this, the better. God willing, I will have more to say later. If you have any other questions, please private mail them, otherwise I will probably miss them. I only ran across this one by chance.

===================

*** www.nomoredebt.cc/hjr192.html#editorial

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-12   10:41:29 ET  Reply   Trace   Private Reply  


#12. To: GreyLmist (#11)

here: www.sovereign.netau.net/

"If you would like to learn more about the Restore America Plan or become a member, visit: www.republicoftheunitedstates.org. "

A word of caution: As I said, it's pretty difficult to figure out what's true. Some people refer to the RAP as TRAP, and they do not advise adding your name to the list.

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2010-08-12   10:59:05 ET  Reply   Trace   Private Reply  


#13. To: AllTheKings'HorsesWontDoIt (#11)

Thank you for taking the time to reply to my questions and concerns and for the links to further research, although I wasn't able to locate a BC stock exchange video at the sovereign.netau.net link. I will PM a copy of this post to be surer that you get it.

Wow. I didn't know we're referred to as "secured party creditors". I think that might be the first time I've even heard of the term. If you can tell us more about that, as well as Timothy Turner and Jerry and Joe Kane, when you have some time, I'd appreciate it. Your guess makes sense that the SS# stock market site may have been tinkered with to keep us in the dark, especially with the possible linkage to the immigration issue.

I remember reading the article "When Seeing and Hearing Isn't Believing" prior to 9/11 or thereabouts and posted it at the time of Colin Powell's address to the UN leading up to the invasion of Iraq because I had to wonder if that was really him speaking so and making that presentation.

You've been a great help. Hope you're having a wonderful time and hope to hear from you again on this whenever you can get back here and give us your thoughts about it.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2010-08-13   0:06:13 ET  Reply   Trace   Private Reply  


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