A somewhat open letter to the USDOJ

Posted FYI.

I'd like to do things in the full open, but this involves another person, too. I'm also pretty sure, it would not stay for long with names in it. It may not anyway.

Obama may not want to kill 'your grandma." But, chances are, no one cares all that much more about her. 

February 2, 2010

United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Criminal Section, PHB
Washington, D.C. 20530 

To whom it may concern: 

Last year I sent a letter (dated July 17, 2009) to your section in which I related certain things that had occurred after ...

In particular, I related the fact that Judge ***, ***, failed to obtain a report and hold a hearing in a matter arising under ***--as clearly required by the act.
 
I further related that neither Judge *** nor an attorney named *** caused either the Respondent or me (as an interested party) to be served with proper notice within the clearly set time after the case was filed, which may have influenced subsequent events to unfold in a most unfavorable manner. The letter was also accompanied by copies of the relevant documents that were conclusive proof of each of the preceding.

I also related how *** had mislead another attorney involved in the case. In other words, that *** had led the first *** to stand down and do nothing, although the case had not been dismissed.
 
I also related the obvious fact that the failures to act as clearly directed by law were a direct slap in the face to the rule of law. And I related neither the *** [bar authority] nor the ** [an agency involved in judicial discipline] would act with respect to either clear breach of the law.

I further related an incident of battery and other civil rights violations (or possible violations) and abuse that were perpetrated upon *** by three members of the staff of the *** nursing home in ***, ***.

With respect to each breach of the law, I asked whether the persons responsible could be prosecuted under

18 USC Section 242 for violating the federally secured rights to due process of law and/or equal protection or under other federal civil rights statutes. With respect to the nursing home, I also asked if civil measures might be taken.

As of the date of this letter, I have not received so much as bare acknowledgment from your section or any other part of the Justice Department. At this point, I am assuming that is not because the DOJ is giving the fullest consideration to the contents of my letter before responding to it.

With respect to the battery and other violations by the nursing home, I understand the incidents had occurred more than two years before, and for that reason alone, it might be impossible to make a case--were there an applicable federal statute. Of course, I now regret I did not report the incidents as soon as they occurred. But hindsight is the best sight; at the time, it appeared best not to involve *** in an investigation or case.

With respect to Judge *** and the attorney ***, I stated I was aware that the law as currently interpreted might not allow federal prosecution--especially of the judge. However, if that be the case, I would very much like--and feel entitled to--have the specific reason or reasons explained to me. It certainly is not my job to go looking. And if the DOJ simply has no interest in investigating, prosecuting, or otherwise pursuing one or more matters I brought to its attention, I feel it should take responsibly for its decision to not act by giving me written notice--to which I also feel entitled.

I understand that I chose to make remarks regarding the character and conduct of another organization that became involved, about the application of another law administered by the DOJ, and (in both in my letter and in a subsequent fax) about the conduct of judicial business in ***. I also understand one or more persons there may have found them extraneous and offensive. Be that as it may, they are true.

And even if you do not agree, it was most certainly my right to make my comments and your department’s function to receive them. They also do not excuse a disregard of a legislative direction so blatant it leaves a reasonable person shaking his or her head and wondering why *** bothers to assemble a legislature, the possible confinement and treatment of a person against his or her will, or any other abuse of a person or of the law.
 
In one sense, I expect a higher degree of professionalism from officers of the United States government.

Thank you for your time and for (I will assume) your present attention.

Sincerely,


 
(Mr.) ***
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While your story might have been interesting, you've brought us in to the middle of a conversation, and you're still allowing us to hear only bits and pieces of it.

The next time you write an article, before you post it, read it once with the perspective of your intended readers in mind.  If you had done that with this, you would have scrapped it and started over with a completely different structure.

Graded "D" (I have to give you some credit for the effort).   But I'm willing to forget about this if you do it over.  You'll probably be able to improve upon that grade.

by EveningStarNM on 02/02/2010 10:02:21 AM EST

Take it for whatever you get (or don't get) out of it. If I let you in on much more of the conversation, I would violate someone's privacy. The non-redacted version is going to be printed and sent to the USDOJ.

I need to think a bit before I decide what else I might want to say in public.

by thisuser on 02/02/2010 10:39:28 AM EST

[ Parent ]
I'm always interested knowing more about such things, especially since I hate it when my government is doing the screwing.

by EveningStarNM on 02/02/2010 12:44:12 PM EST

[ Parent ]
In a way everyone gets screwed when the law is broken--more like shattered in this case. The agency concerned with judicial discipline is not allowed by law to give a reason for not acting. It's mostly made up of judges, and I later figured out it was because they all do it--ignore clear time requirements and other requirements in a statue-which hardly makes it lawful.
 
Ditto with the state bar. That was one hostile, goofy letter.

One of things (based upon this and some other things) I said in to the DOJ in  follow-up fax was that the relevant people (judges, lawyers) in the relevant judicial jurisdiction dress up and play and court. But don't lots?

by thisuser on 02/02/2010 03:17:14 PM EST

[ Parent ]
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