Tag: broadcast

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Supreme Court Restricts Review of Ineffective Counsel Claims in Death Penalty Cases

In a 6-3 decision written by Justice Clarence Thomas, the Supreme Court ruled on Monday that a federal court may not consider new evidence outside the state-court record in deciding whether the state violated a person’s Sixth Amendment right to effective assistance of counsel at trial.

Shinn v. Ramirez addresses the cases of two men sentenced to death in Arizona after they received constitutionally ineffective assistance at trial.

Judges are Politicians, just hoods in black robes!

Barry Jones asserts that he was wrongly sentenced to death for the sexual assault and murder of his girlfriend’s four-year-old daughter. After his court-appointed lawyer failed to investigate and present readily available medical evidence showing that the child was not with Mr. Jones when her injuries were sustained, he claimed his rights were violated and a new trial was required.

 

Under Arizona law, state postconviction review was Mr. Jones’s first opportunity to challenge his trial lawyer’s ineffectiveness. But the state court appointed him a postconviction lawyer who did not even meet the minimum qualifications required by state law. That lawyer likewise failed to investigate and did not raise the claim that trial counsel was ineffective for failing to challenge the State’s medical evidence.

Not until Mr. Jones was appointed competent counsel in federal habeas proceedings did he have the chance to present the medical evidence, which the federal court relied on to find that both his trial and postconviction lawyers were ineffective. The court granted him a new trial, which was upheld by a unanimous panel of the Ninth Circuit Court of appeals.

In a second case, David Ramirez was sentenced to death in 1990 after his trial lawyer failed to investigate and present evidence of his intellectual disabilities, which might have prevented imposition of the death penalty. His postconviction lawyer likewise failed to investigate his intellectual disability and did not argue that his trial counsel was ineffective.

The federal court appointed the Arizona Federal Public Defender to represent Mr. Ramirez, and they submitted evidence showing that he “grew up eating on the floor and sleeping on dirty mattresses in houses filthy with animal feces; that Ramirez’s mother would beat him with electrical cords; and that Ramirez displayed multiple apparent developmental delays, including ‘delayed walking, potty training, and speech’ and inability to maintain basic hygiene or to use utensils to eat.” The Ninth Circuit held the new evidence was substantial and ordered an evidentiary hearing.

In both cases, the federal courts relied on Martinez v. Ryan and Trevino v. Thaler, which held that a person whose postconviction lawyer fails to adequately challenge their trial lawyer’s ineffective performance may raise the ineffectiveness claim for the first time in federal court. These cases provided a critical safeguard for people sentenced to death who had deficient lawyers both at trial and in postconviction proceedings.

Arizona prosecutors appealed the Ninth Circuit’s decisions in Mr. Ramirez and Mr. Jones’s cases. They argued in the Supreme Court that the Antiterrorism and Effective Death Penalty Act (AEDPA), a federal law passed in 1996 that severely restricts incarcerated and death-sentenced people’s access to federal habeas corpus review, bars a federal court from considering any evidence that was not presented in state court, even if Martinez and Trevinoallow the ineffectiveness claim to be raised in federal court.

At oral argument, Justices Thomas and Brett Kavanaugh and Chief Justice John Roberts questioned the inherent conflict in Arizona’s position, with Justice Thomas noting that it would be “rather odd” to “excuse a default under Martinez, but not allow the prisoner to make his underlying claim or develop his evidence.”

Notwithstanding these concerns, the conservative majority adopted Arizona’s position and effectively gutted the Court’s precedent in service of finality and deference to state courts.

The ruling “all but overrules” Martinez and Trevino, Justice Sonia Sotomayor wrote in a dissenting opinion joined by Justices Stephen G. Breyer and Elena Kagan. It is “perverse” and “illogical” to hold that a “petitioner cannot logically be faultless for not bringing a claim because of postconviction counsel’s ineffectiveness, yet at fault for not developing its evidentiary basis for exactly the same reason,” she wrote.

Ineffective assistance claims “frequently turn on errors of omission: evidence that was not obtained, witnesses that were not contacted, experts who were not retained, or investigative leads that were not pursued,” Justice Sotomayor wrote. “Demonstrating that counsel failed to take each of these measures by definition requires evidence beyond the trial record.”

Barring such evidence from being developed or considered in federal court, she wrote, renders Martinez “meaningless in many, if not most, cases,” because petitioners will not be able to prove the ineffectiveness claims that Martinez allows them to raise.

“For the subset of these petitioners who receive ineffective assistance both at trial and in state postconviction proceedings, the Sixth Amendment’s guarantee is now an empty one,” the dissent concluded. “Many, if not most, individuals in this position will have no recourse and no opportunity for relief.”

The decision means that Mr. Jones and Mr. Ramirez, “whose trial attorneys did not provide even the bare minimum level of representation required by the Constitution[,] may be executed because forces outside of their control prevented them from vindicating their constitutional right to counsel,” Justice Sotomayor wrote.

And in addition to them, the decision “will leave many people who were convicted in violation of the Sixth Amendment to face incarceration or even execution without any meaningful chance to vindicate their right to counsel.”

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Hammer “Rap-The-Vote Concert Series” Secured Re-Election of Russian President Boris Yeltsin

“As long as there are reformers in the Russian Federation and the other states leading the journey toward democracy’s horizon, our strategy must be to support them. And our place must be at their side.”

-President Bill Clinton on the re-election of Russian President Boris Yeltsin in 1995- 

Russian President Boris Yeltsin at White House with President Bill Clinton

Our HISTORIC Hammer “Rap-The-Vote Concert Series” Secured Re-Election of Russian President Boris Yeltsin AND Spawned Rise of Vladamir Putin to Power!

This 1995 revisited article was written strictly from a WORLD  HISTORIC perspective about how our “WORLD ALTERING” Urban-American, western style, political campaign strategy utilizing M. C. Hammer in a “Rap-The-Vote Concert Series” secured the 18-45 voter turnout and the re-election of Russian President Boris Yeltsin in 1995 with the “Our Home Is Russia” (NDR), a Russian liberal political party. Abdul-Jalil al-Hakim devised a strategic plan, executive produced, produced, filmed and broadcast on Russian National TV a series of concerts in St. Petersburg, Moscow, and the WORLD. This campaign tactic was their most effective strategy, greatest strength- uniquely different and vastly superior to anything Russia had ever witnessed. This comprehensive, targeted attack with our expertise well grounded in modern focused campaigning strategy, advertising, marketing, and promotions was trumpeted for saving Russian democracy with Yeltsin’s re-election ensuring continuity in the Democratic evolution of Russia and securing world peace. The television programming was so successful that it has regularly run on air since 1995!

This strategy was trumpted for saving Russian democracy with Yeltsin’s re-election ensuring continuity in the Democratic evoultion of Russia and securing world peace.

The television programming was so successful that it has regularly run on air since 1995!

THIS BLACK HISTORY IS WORLD HISTORY!

THIS BLACK POLITICS IS WORLD POLITICS!

At the time we began our concerts and campaign events over the weeks in St. Petersburg, Vladimir Putin was then Deputy mayor of St. Petersburg, organized the St. Petersburg branch of the Party Our Home Is Russia, was it’s Chairman, and led the campaign issue of the party in the elections to the Duma that led to his rise to power and being named President of Russia by Boris Yeltsin. 

After our concerts and campaign events over the weeks ending in Moscow, our overwhelmingly positive Polling numbers cemented the campaign an incredible success and this strategy was heralded world wide by political pundits as “incredibly brilliant”, “ a global coup”, “a miraculous event in history”, a “triumph for democratic reform” and “universally invaluable” in it’s effect of being “a savior”, as Yeltsin was the only alternative to guaranteeing the West’s and the World’s political, economic, and military security to carry out their reform agenda.

BUT, with a Western audience in mind, but I must add an important clarification that I do not aim to justify the authoritarian tendency or the confrontational policies undertaken by Russia, EVER. However, a sober conversation about missed opportunities, of what went wrong, requires a scrutinizing evaluation not only of Russian, but also of the rest of the World, including China, North Korea, South America, Israel and the United States.

Since the collapse of the Soviet Union, Russia has been traversing its own, often difficult path toward independent development. The trajectory of the country’s development was mostly determined by internal factors, particularly concerning the balance of power among various sections of the Russian elite.

For Russia, the early 1990s were one of those critical junctures when many paths were open. The politically active section of society defeated a decrepit totalitarian regime, hoping to restore Russia’s full participation in the community of developed states in the global north. In those days, the most pressing question in Russian society appeared to concern identity: Who are we? In searching for an answer, many members of the reformist elite waited for the West to extend a hand in friendship, to offer assistance as equals.

Accordingly, many among the Russian elite and society at large answered that question by attempting to reclassify their country as a member of the “first world.” It was the world Andrei Sakharov dreamed that Russia could join, as yesterday’s foe and tomorrow’s friend. That move, they hoped, could lead to Russia’s deeper integration into the West’s political, economic, and security structures, such as the EU, NATO, WHO, Schengen Zone, and the World.

Such a move, had it been successful, would not have prevented a nationalist backlash in subsequent years but might at least have limited it: elites integrated into Western systems would have valued the advantages of their position. And if, regardless of those achievements, Russia’s leaders had still opted for isolationism, then the world would be discussing “Russia’s Brexit” and its departure from the EU. It would not be discussing the invasion of Ukraine, the annexation of Crimea, wars in Georgia and Chechnya, and the evisceration of constitutional freedoms in Russia.

“Our Home Is Russia” (NDR) was a Russian liberal political party founded in 1995, existed to 2006, by former Gazprom chairman, then Russian Prime Minister Viktor Chernomyrdin. It was a liberal, centrist political movement, founded for the purpose of rallying more technocratic-reformist (right-wing) government supporters. At the time of its founding, Chernomyrdin had the backing of Russian president Boris Yeltsin along with numerous large financial institutions such as Association of Russian Banks, and major companies such as Gazprom, of which he was formerly the chairman. 

Viktor Chernomyrdin, served as Russia’s prime minister under then President Boris Yeltsin from 1992 to 1998, a turbulent period of economic hardship and political turmoil as a bankrupted Russia struggled to recreate itself as a democracy after the Soviet collapse, developing as a market economy while throwing off communism and engineered the creation of Gazprom, now the world’s biggest gas company.

Previously Yeltsin tacitly supported Russia’s Choice as the preferred party to win the December 1993 elections for the Duma and carry out the reform agenda that the late Supreme Soviet had stalled. However, the failure of Russia’s Choice and other reform-oriented parties in that election forced Yeltsin to change his strategy, once again relying on Chernomyrdin, his emerging “Party of Power,” the industrial-military complex, the armed forces, and the KGB–to the detriment of the legislature and Russian democracy.

The leaders of the Democratic Russia Movement, the coalition that pressed Mikhail Gorbachev to annul the communist monopoly on power in February 1990, that launched Yeltsin into the Russian presidency in June 1991, and that then gave birth to the Russia’s Choice party.

The movement attracted the sympathies and interests of many prominent members of the ruling elite of Russia, and NDR was thus nicknamed “the party of power”. It was also known as the party of the Oligarchs, the position previously identified with another political party, Democratic Choice of Russia. Two other parties were interested in cooperating with NDR after its foundation: parts of the Agrarian Party of Russia and Democratic Choice of Russia. Together their platform would promote “freedom, property, and legality”, and would favor such policies as reducing the state’s role in the economy, support for small businesses, privatization of agriculture, military cutbacks and sought “a normal life in Russia” and peace in Chechnya after the First Chechen War. However, after Chernomyrdin’s candidacy for a second term as Prime Minister was in 1998 rejected by the Duma, Our Home – Russia declined the other parties’ bid for cooperation.

Boris Yeltsin wanted to establish a two-party system in 1995 after the American model and advocated the establishment of a center-right and a left- centrist electoral blocs. Yeltsin’s aim was on the one hand to clip the extreme parties on the political fringe, even at the head of the Communist Party Gennady Zyuganov KPRF away from the power. On the other hand, Yeltsin wanted to create functional, loyal and non-ideological parties to consolidate its power and stability of the country.

The main parties competing in the 1996 Russian Duma elections learned a lesson from 1993 and made wider use of popular artistic and sports figures ¡in advertisements, for endorsements, and as candidates for office. Chernomyrdin’s party even used the American rapper M. C. Hammer. These popular figures help establish a party’s image. To this day, most of Russia’s parties center around personalities and not platforms, and they have yet to consolidate loyal, definable constituencies.

The 1999 Duma elections also followed this trend. The greatest vote-getter was Yedinstvo, a party formed only weeks prior to the elections, which had no political or economic platforms and whose only overt identity was support for Vladimir Putin, the popular prime minister. Therefore, the image that Russian parties convey on television can prove more crucial than in established democracies. This means that whoever has the slickest ad, appeals to emotions (such as Yedinstvo did with the war in Chechnya), and boasts the most charismatic personality often wins the vote. 

Some analysts explain Vladimir Zhirinovsky’s surprise success in the 1993 election by his adept use of symbolism and sleek soundbites, as others have partly attributed Yeltsin’s victory in the June 1991 Russian presidential elections to wide use of popular symbolism, as advised by the Krieble Institute of Washington.

The “Rap-The-Vote Concert Series” was particularly strange given Prime Minister Viktor Chernomyrdin cherished his stodgy, button-down reputation. He was not young, he is not funky, and he most definitely does not “rock the house.” And that is why it was a bit surprising that Chernomyrdin’s campaign hired the American rapper M. C. Hammer to enliven the image of “Our Home Is Russia”, the centrist political party. 

M. C. Hammer in Russian “Rap-The-Vote Concert Series”

Against a glowing red, white and blue “Our Home Is Russia” backdrop at the Rossiya concert hall, Hammer bellowed, “We feel like bustin’ loose!”. 

The campaign for Russia’s parliamentary elections, which were held on Dec. 17, 1995, has begun, with about 5,000 candidates struggling for the attention of voters. And although almost all of them are wrapping themselves in patriotism, nationalism and fierce anti-Western slogans, their campaigns have gone completely Hollywood. 

In television advertising, sex, money and fear-mongering are far more prominent this year than issues and platforms. Although Russia has experimented with American-style campaign tactics before, this campaign is beginning to look like a Soviet propagandist’s worst caricature of the American democratic process. 

Some politicians, like the extreme nationalist Vladimir V. Zhirinovsky, are selling themselves with the kind of erotic imagery usually reserved for car advertisements and music videos. Others, including the popular nationalist general, Aleksandr Lebed, are using slick, scary spots about crime and corruption. And almost every party is using celebrities. Pop stars and actors are not just endorsing candidates, they are running for office on almost every party list. 

Even the Communists are not immune to showbiz. Nikolai Gubenko, a popular actor and theater director, is a top party candidate.

“Except for the Communist Party, there is such weak party identity in Russia that candidates have to sell personalities, not political platforms,” said Michael McFaul, an expert on Russian politics at Stanford University. “It becomes Hollywood glitzy – what personality can make us famous?” 

Our Home Is Russia is known as the “party of power” because it is made up of government officials, is backed by the major Russian banks and has political clout and money, but it has fared poorly in most public opinion polls. 

The party has recruited Nikita Mikhalkov, the Oscar-winning actor in “Burnt by the Sun” and the movie’s director, as well as Ludmila Zykina, a famous anthem singer who was the Soviet Kate Smith. 

Its managers are chasing the vote of the disaffected youth in a way that would make Gary Hart blush. 

“We have to use different, unusual means to wake the voters up,” said Yuri Shuvalov, 30, a campaign strategist.

The state-owned television and radio stations, including ORT, Russia’s largest network, which was formerly state-owned and is now partly owned by a consortium of banks sympathetic to the government, will each give free airtime to all parties – a maximum of one hour a month. They also will sell additional, paid, airtime to campaigns, but ORT has determined that candidates and parties can only buy three minutes of additional airtime. Candidates and their parties are free to buy airtime on Russia’s private networks, but only ORT is broadcast nationwide. 

If many of the candidate’s paid advertisements look like flashy MTV videos, the taped appeals on free airtime that began appearing on Tuesday looked more like late-night public-access television. Politicians like Yegor T. Gaidar of the democratic Russia’s Choice party, and Ivan Rybkin, the speaker of Parliament, running with his own centrist party, fumbled with their notes, fidgeted in their pockets and looked in the wrong cameras. 

Though all the major parties are producing slick television advertisements that concentrate on image more than substance, Zhirinovsky still leads the pack. His first television advertisement, broadcast on the Moscow channel, features a sexy cabaret singer, purring a love song to him (“The world would be so boring without you/you are my idol’”) as she teasingly unzips her blouse. Behind her, a giant screen flickers with clips of Zhirinovsky in action, including the time he flung a glass of orange juice in the face of his opponent during a televised debate. 

Russian President Vladimir Putin and former Russian Prime Minister Viktor Chernomyrdin

Vladimir Putin was then Deputy mayor of St. Petersburg, who became president of Russia, organized in 1995, the St. Petersburg branch of the Party Our House Russia, was it’s Chairman, and led the campaign issue of the party in the elections to the Duma.

Not necessarily for OHR, of course, but the bloc’s name was prominent on the publicity posters and its deputy chairman in St. Petersburg Alexander Prokhorenko agreed that the existence of OHR was likely to penetrate the minds of MC Hammer fans along with his music.

The concert was aimed to encourage the city’s apolitical young people to vote. “I don’t believe that thinking people could go to a concert and then immediately vote for OHR,” he said. “But at least they will start to wonder who we are.”

Free concert tickets were distributed to the city’s schools, higher education institutes, military academies and youth clubs. “This should be an election for the generation aged between 20 and 40,” Mr. Prokhorenko said. “It must determine its own fate or else the development of Russia on general world lines could slow down.”

He feared that if young people stayed at home on election day and did not support democratic forces then there could be a repeat of the 1993 picture where three-quarters of the electorate did not vote “and only afterwards complain about decisions that are taken. It is obvious that Duma deputies do not represent the majority of people.”

“We are not a political party, we are a social movement,” said Mr Prokhorenko. “We do not have the organizational structures of a political party and there is no official membership system, you just announce that you are a member of our movement,” he continued.

St. Petersburg Mayor Anatoly Sobchak declared his support for OHR, and his wife Ludmilla Narusova was a candidate on the bloc’s federal list.

Mr. Prokhorenko himself is a deputy in the City Assembly. Nevertheless he denied that OHR deserved the oft-quoted label “party of power.” “That is a stereotype which is not correct,” he said. “The essence of any party is the aims it sets itself, and only after that the people who participate in it. “Our purpose is to get the largest possible number of professionally prepared, experienced politicians elected to the Duma.”

In that case, it would have seemed logical for OHR to unite with other democratic parties in opposition to communists and ultra-nationalists.

Mr. Prokhorenko said he did not think so, as Russia had been a totalitarian country for so long that it was time for some freedom of choice.

“The fact that we have democrats of the Rybkin, Yavlinsky, Gaidar and Chernomyrdin types is an expression of Russian minds,” he said. “Maybe it’s not very useful for the country, but it’s objective.”

Former Russian Prime Minister Viktor Chernomyrdin was laid to rest after an emotional eulogy by Vladimir Putin.

Former Russian Prime Minister Viktor Chernomyrdin was laid to rest after an emotional eulogy by Vladimir Putin. The usually tough and sharp-tongued Putin, the current prime minister, spoke at his funeral service and at one point he paused and appeared to be struggling to hold back tears. His voice trembled as he said: “We will miss Viktor. We will hold his memory in our hearts and in our work.”

THE REST, – AS THEY SAY-,

IS BLACK HISTORY, WORLD HISTORY!

as BLACK POLITICS IS WORLD POLITICS!

Abdul-Jalil

THE MEDIA AND POLITICAL RESPONSE TO THE “RAP THE VOTE CONCERT SERIES”

November 1995- M. C. Hammer in Russia, The Re-election of Russian President Boris Yeltsin by “Our Home Is Russia”, Russian Prime Minister Viktor Chernomyrdin’s Political Party

Prime Minister Chernomyrdin’s party was struggling to distance their leader from the unpopularity of the Government he headed, resolved to using western style campaign strategy. “Our Home” promised economic stability and continuation of the Democratic course of Yeltsin’s government.

http://www.box.net/shared/nic0pg7gip

In November 1995 Abdul-Jalil al-Hakim executive produced, produced, filmed and broadcast on Russian National TV a series of concerts in St. Petersburg and Moscow by MC Hammer in an urban style, “Rap-The-Vote” to secure the 18-45 voter turnout and re-election of President Boris Yeltsin. Polling after the concerts was overwhelmingly positive..

“Hammer is our father and rap is a very serious subject for me and if Chernomyrdin can give us Hammer then we will give him our vote.” said Oleg, an 18-year old Russian rap fan in attendance.

Being Prime Minister gave Chernomyrdin a huge advantage in access to Russian voters, with slick campaign posters, he told AP “we are using American pop music performances to drum up support among Russian youth for his political campaign”; the video scenes showed M.C. Hammer performing. Chernomyrdin’s travels around Russia in his capacity as Prime Minister, but looked more like the political campaign trail of an American President.

http://www.box.net/shared/3k303m06e0

This strategy was trumpeted as “world altering” for saving Russian democracy with Yeltsin’s re-election ensuring continuity in the evolution of Russia and securing world peace.

This strategy was heralded world wide by political pundits as “incredibly brilliant”, a “triumph for democratic reform” and “universally invaluable” in it’s effect of having “saved” Russian democracy, as Yeltsin was the only alternative in ensuring continuity in the evolution of Russia and securing world peace.

This coup, a miraculous event in history, was depicted and canonized in a 2004 film 

“Spinning Boris” starring Jeff Goldblum, Anthony LaPaglia and Liev Schreiber.

“Spinning Boris” The Best President of Russia America Ever Had   ..L. A. Times Review

Jeff Goldblum, Anthony LaPaglia and Liev Schreiber star as a trio of elite American political campaign operatives who were hired in secret to manage Russian President Boris Yeltsin’s election campaign in 1996. He’s polling at 6 percent with the election a few months away. First, they must get someone’s attention; they succeed finally with Yeltsin’s daughter, then it’s polling, focus groups, messages and spin. Even as Yeltsin’s numbers go up, they are unsure who hired them and if Yeltsin’s allies have a different plan in mind than victory. When the going gets toughest, they put a spin on their stake: democracy and capitalism must win. They orchestrate the most spectacular political comeback of the twentieth century – as they “sold” Boris Yeltsin to the Russian public gaining Yeltsin’s successful re-election. http://www.box.net/shared/sc1l8qycmt

The Re-election of Russian President Boris Yeltsin at Excerpts of “Clinton Secrets” in a book by JOHN DIAMOND

The campaign tactic was their most effective strategy, greatest strength- uniquely different and vastly superior to anything Russia had ever witnessed. This strategic plan with our expertise well grounded in modern American campaigning got Yeltsin re-elected. This was simply a matter of fact that he was the best the modern world could get compared to the alternative communist and he was fully supported by the U.S.

A State Department memorandum, marked “confidential,’’ summarized then President Bill Clinton’s meeting with Yeltsin at a summit in Egypt, where Clinton told Yeltsin he ”wanted to make sure that everything the United States did would have a positive impact and nothing should have a negative impact’’ on Yeltsin’s re-election. The memo added the U. S. wanted an upcoming summit with the Russian leader to be successful to “reinforce everything that Yeltsin had done.’’

Excerpts of “Clinton Secrets” in a book by JOHN DIAMOND, Associated Press Writer

http://www.box.net/shared/rxzugv0taa

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Bigot Brand Contempt Threat, Disparages al-Hakim Religious Practice of Islam at May 1, 2019 Hearing!

TO:  Chief Justice Tani Cantil-Sakauye          Chief Justice Tani Cantil-Sakauye
Chair, Judicial Council of California               Supreme Court of California
Comm. Judicial Appointments                       350 McAllister Street, Room 1295
455 Golden Gate Ave.                                     San Francisco, CA 94102-4797
San Francisco, CA 94102                                Fax: (415) 865-7181
Fax: 415-865-4200,415-865-4205             Tani.Cantil-Sakauye@jud.ca.gov
Presiding Judge Wynne Carville                  Chad Finke
Supervising Judge Michael Markman         Executive Officer
Judge Stephen Kaus                                    Superior Court of Alameda County
Judge Kevin R. Murphy                                1225 Fallon Street Room 209
Judge C. Don Clay                                        Oakland, CA 94612
Judge Jeff Brand                                          Fax: 510-891-6276
Judge Kim Colwell                                        cfinke@alameda.courts.ca.gov
Judge Morris Jacobson
Judge Winifred Smith                                 Charles Johnson
Judge Jon Rolefsen                                     Beth Robbins
Judge Yolanda Northridge                          Deputy Clerk
Judge Dennis Hayashi                                 First District Court of Appeal
Judge Jo-Lynne Q. Lee                               350 McAllister Street
Superior Court of Alameda County            San Francisco CA 94102
Departments 1, 6, 511, and 518                   Fax: 415-865-7309, 415-865-7209
René C. Davidson Courthouse                    Beth.Robbins@jud.ca.gov,
1225 Fallon Street                                        Charles.Johnson@jud.ca.gov
Oakland CA 94612
FAX #: 510-891-5304, 510-891-6276, 510-267-1567
dept.1@alameda.courts.ca.gov,WCarville@alameda.courts.ca.gov, MMarkman@alameda.courts.ca.gov, JRolefsen@alameda.courts.ca.gov, EGrillo@alameda.courts.ca.gov,MJacobson@alameda.courts.ca.gov, JBrand@alameda.courts.ca.gov,CClay@alameda.courts.ca.gov,WSmith@alameda.courts.ca.gov,dept.6@alameda.courts.ca.gov,KColwell@alameda.courts.ca.gov, dept.511@alameda.courts.ca.gov, dept.518@alameda.courts.ca.gov, SKaus@alameda.courts.ca.gov,KMurphy@alameda.courts.ca.gov,JLee@alameda.courts.ca.gov,YNorthridge@alameda.courts.ca.gov, DHayashi@alameda.courts.ca.gov, dept.19@alameda.courts.ca.gov,RFreedman@alameda.courts.ca.gov
Martin Hoshino                                      Victoria B. Henley
Director                                                  Director-Chief Counsel
Judicial Council of California               Commission on Judicial Performance
455 Golden Gate Avenue                    455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102-3688         San Francisco, CA 94102-3688
FAX NO. 415-865-4586                     FAX NO. (415) 557-1266
Martin.Hoshino@jud.ca.gov               Victoria.Henley@jud.ca.gov
John.Wordlaw@jud.ca.gov
Alex Tse                                                  Phyllis J. Hamilton
Director- No. District                            Chief District Judge
U. S. Attorney’s Office                          U. S. District Court- No. Division
Federal Courthouse                              6th Floor Oakland Courthouse- 2
450 Golden Gate Avenue                     1301 Clay Street
San Francisco, CA 94102                     Oakland, CA 94612
Fax No.: (415) 436-7234                      Fax No.: 415 522-3605
charles.oconnor@usdoj.gov                Phyllis_Hamilton@cand.uscourts.gov
stacey.geis@usdoj.gov                         Richard_Wieking@cand.uscourts.gov
alex.Tse@usdoj.gov                              Joseph_Spero@cand.uscourts.gov
joshua.Eaton@usdoj.gov
Barbara.Valliere@usdoj.gov
sara.Winslow@usdoj.gov
Brent and Sarah Hanson                        Anthony S. Leung, Christopher Leung
Green Key Investments                           Green Key Investments
508 Dimm Street                                    110 Franklin Street, Suite # 2
Richmond, CA 94805                             Oakland, CA 94607
                                                                 mrchrisleung@gmail.comXavier Becerra
Xavier Becerra
Attorney General of California
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
FAX No.: 916-324-8835
Xavier.Becerra@doj.ca.gov
Sean.McCluskie@doj.ca.gov
Robert.Wilson@doj.ca.gov
Laura.Stuber@doj.ca.gov
Kelli.Evans@doj.ca.gov
Marina.Soto@doj.ca.gov
Fax No.: 916-322-4532, 916-323-5341, 916-324-5567, 916-319-9421cc: ; bcc ACLU, LCCR, East Bay Community Law Center, Bay Area Legal Aid, USC Gould School Of Law, Western Center On Law & Poverty, Electronic Frontier Foundation, National Coalition to Protect Civil Freedoms, Equal Justice Society, Center for Constitutional Rights, Southern Poverty Law Center,
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FROM:     Abdul-Jalil al-Hakim
DATE:     May 2, 2019
NO PAGES: 14
RE:        Bigot Brand Contempt Threat, Disparages al-Hakim Religious Practice of Islam at May 1, 2019 Hearing

“In another religion they honor people who serve like you with Sainthood!”” – Economics Professor Adeel Malik,Oxford University, England and World Renowned News Expert Commentator, speaking about Abdul-Jalil and the Aaron & Margaret Wallace Foundation.

“GOD sent me an ANGEL!”” – Hammer, speaking about Abdul-Jalil.

“Jalil, YOU ARE A TZADIK (SAINT)!”– Barry Barkan, Live Oak Institute and
  Ashoka Fellow at Ashoka Foundation:Innovators for the Public

 

“I thank God for you and for bringing you into my life and for the ministry you have been given to help the people of God!”– Pastor L. J. Jennings, Kingdom Builders Christian Fellowship, speaking about Abdul-Jalil and AMWF

Dear Chief Justice Cantil-Sakauye, Judges Phyllis Hamilton, Jacobson, Rolefson, Carvill, Kaus, Colwell, Hayashi, Clay, Lee, Murphy, Smith, Brand, Freedman, Markman and Carvill; Alex Tse, Xavier Becerra, Ms. Henley, Mr. Finke, Mr. Hoshino and OTHERS:
Bigot Brand OUTRIGHT LIES in Disparaging al-Hakim Religious Practice of Islam at May 1, 2019 Hearing
At the hearing on May 1, 2019, upon being called, al-Hakim served Brand a Challenge for Cause, upon which he complained that he had filed an answer to the previous challenge served on him just 48 hours ago, but he did NOT provide nor serve that answer on the parties present. He then announced that he would take a brief recess to read the new challenge.
Brand recalls the case, fully intent on jailing al-Hakim for contempt, nods to the the sheriffs deputy seated in the jury box next to al-Hakim, lights into al-Hakim for serving the challenge, affirming that he was going to proceed with the matters at hand regardless of the challenge that he felt could not be any different from the challenge served on him just 48 hours ago! As he is doing so, the sheriffs deputy leaves the jury box and approaches al-Hakim seated at the plaintiff’s table.
al-Hakim responded by illustrating and addressing Brand’s bigotry in his disparagement, denigration, and deprecation of al-Hakim, his religious practice of Islam and Islam had occurred just 48 hours ago at the hearing on April 29, 2019! al-Hakim dramatically argued Brand’s INDEFENSIBLE act of referring to al-Hakim’s weekly religious obligation as “I know that you say you have a religious Holiday every Tuesday and Thursday?!”in Brand’s attempts to cast aspersions on al-Hakim, his religion and it’s practice as frivolous, a Frat party, to impugn, vilify, traduce and portray al-Hakim as a nefarious hypocrite! At this point, the sheriffs deputy is standing arms distance away from al-Hakim seated at the plaintiff’s table.
Defendants then offer that the challenges are a contempt of court, wherein al-Hakim states: “you have held proceedings in this matter while there is a stay in place from the vexatious motion and have asked for a warrant for my arrest, this proceeding is a attempt to provoke and provide an opportunity for an arrest for contempt. This vexatious proceeding is just your defense strategy to prevent further exposure and prosecution of your corruption and bigotry!”. Brand responds that “I could not disagree with you more, the court takes every opportunity to accommodate every religion”.
Brand, now confronted with the clear line of bigotry that he has gone FAR beyond, trips and falls over it as he can NOT in good conscience order al-Hakim arrested for contempt as it would prove al-Hakim’s point of his bigotry!
Brand is NOTHING BUT A MISERABLE, PATHOLOGICAL LIAR, INCAPABLE OF THE TRUTH!
If Brand can make such a statement as “I could not disagree with you more, the court takes every opportunity to accommodate every religion”, then how does that comport that with his actions in the Green Key case where he DID NOT RESPOND to over THIRTEEN (13) communications, contacts, documents, faxes and emails, including TWO phone calls and voicemail messages, and hand delivered documents to him over a three week period requesting a continuance, proceeded despite the notices and issued a default against al-Hakim in favor of Green Key?
Green Key Defaulted, Failure to Appear Three Times
In the Green Key Case, Brand ignored the fact al-Hakim did NOT received any response from the court to his over THIRTEEN (13) communications, contacts, documents, faxes and emails, including TWO phone calls and voicemail messages, and hand delivered the documents with a court filed letter requests to his clerks Scott Sanchez and Cynthia Trinidad over three weeks PRIOR to the January 2, 2019 and January 3, 2019, hearings to request a reservation number to file an ex-parte motion for a continuance of the hearings he was unable to attend as the court and plaintiffs are and have been aware for over 30 years that al-Hakim has religious obligations on Tuesdays and Thursdays that do not allow for his presence in court which included the hearing, and proceeded despite the notices and issued a default against al-Hakim in favor of Green Key. Judge Brand, and Colwell before him, their Department 511 clerks and court administrations continuing fraud, corruption and collusion being solely responsible for this case as filed, NOT Green Key. They have been the sole force behind moving this litigation forward for them, as Green Key has failed to appear THREE TIMES consecutively without notice nor reason submitted to the court nor al-Hakim, have not filed an opposition to the motion to vacate the default writ of execution, and have NOT been issued a default nor al-Hakim being granted his motion to vacate the default taken against him!
Brand, who admitted that the last two continuances given to Green Key had NOTHING to do with the case, attempts to sit in SOLE judgment of his, the Department 511 clerks and court administration’s OWN Continuing Fraud, Corruption and Collusion committed on HIS and their OWN part!
The last Green Key defaulted, failure to appear was at the February 25, 2019, hearing, over two months ago, yet to date Brand has NOT issued an order despite the fact they failed to appear THREE TIMES consecutively without notice, and did not file an opposition to the motion to vacate the default writ of execution! On April 3, April 15, and April 17, 2019, al-Hakim sent two faxes and emails each time to the court and opposing parties requesting the order from the uncontested, defaulted motion. That’s TEN REQUESTED NOTICES and it has yet to be served even though it was unopposed and thrice defaulted for failure to appear.
Due to the illegal eviction from the defaulted Green Key case, al-Hakim was forced out of his home with only two days to move and was unable to take anything! Of note is the fact he left all his personal and business computers, files that are now in the custody and control of the opposition. al-Hakim has NONE of the files he had accumulated over his life of years! Green Key has taken complete and total custody and control of ALL al-Hakim’s entire lifetime possessions, accumulation of ALL personal, family, and business belongings, things, property, goods, personal effects, assets, chattels, movables, valuables, EVERYTHING!! Over $800,000 in value that has been destroyed by Green Key and MUST BE REPLACED!!!
Four times al-Hakim has demanded the return of EVERYTHING, ALL ITEMS LEFT IN THE HOUSE, WITHOUT ANY DAMAGE TO THEM! Green Key has NEVER responded to the demand. We are sure the items of interest are in the control of the courts partners, law enforcement!
This places an intolerable burden on al-Hakim and makes it impossible to present this document in a concise and cogent manner without the necessary documentary support.
THIS BEGS THE QUESTION WHY IS BRAND FAVORING THEM AND NOT ISSUING THE ORDER UNTIL HE HAS SHACKLED AL-HAKIM WITH BEING DEEMED A VEXATIOUS LITIGANT UNABLE TO PURSUE ANT LITIGATION AGAINST HIM, THEM OR ANYONE ELSE?!!!
Bigot Brand Disparages al-Hakim’s Religious Practice of Islam at April 29, 2019 Hearing
At the hearing on April 29, 2019, Brand disparaged, denigrated, and deprecated, al-Hakim and his religious practice of Islam by referring to al-Hakim’s weekly religious obligation as “I know that you say you have a religious Holiday every Tuesday and Thursday?!”.
This bigoted, ignorant, thoughtless, irresponsible, caustic remark left al-Hakim shocked, speechless and dumbfounded! al-Hakim, humiliated at the utterance finally stumbled out “I have NEVER said that I have a religious Holiday every Tuesday and Thursday!”Brand says “Well I know you have said something like that”. al-Hakim responds “I have religious obligations every Tuesday, Thursday and Friday, they are NOT Holidays”.
Irate at the fact that he MUST conform with the law to at least a minimum, Brand asks al-Hakim “when will you be available for an appearance”, wherein al-Hakim responded “the first Monday or Wednesday after June 20, 2019”. Brand states that “you will be gone for Ramadan?”and al-Hakim says “yes, I noticed you of that fact a month ago”. Brands retorts in a very snide, rude manner “I know, I was just asking”and al-Hakim responded “I was just answering”. Brand asks “when does it start?”, al-Hakim responds “Sunday”. Brand then orders the parties to appear two days later on May 1, 2019, at 9:00 a.m.
It was clear that Brand has an agenda to move the VENDETTA- TARGETED AL-HAKIM Superior Court Criminal/Civil Vexatious Entrapment Litigation Strategy to completion before al-Hakim takes retreat for Ramadan so that they can gain another uncontested appeals verdict knowing al-Hakim will NOT be able to respond before June 15, 2019!
It MUST be noted that Brand had TWO sheriff’s deputies in the wings of the jury box waiting with orders in hand!
Brand attempts to cast aspersions on al-Hakim’s religion and it’s practice as frivolous, a Frat party, or Rave, to impugn, vilify, traduce and portray al-Hakim as a carouser, party animal, nefarious hypocrite, insincere. This is perhaps the HIGHEST ranking tenet in the pillars of Islam and is mandated, commanded upon ALL muslims! al-Hakim is long established at this, over 60 years, is recognized and honored world wide for his service, is consulted and relied on for his service to the Islamic community and humanity at large!
Brand and the judges have deprive al-Hakim of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law and penalize him because of his religious beliefs! requiring al-Hakim to abandon his religious beliefs and practices in order to receive benefits. discriminates against al-Hakim and Muslims violates the First Amendment’s Establishment Clause.
This divisive case highlights the vast difference between the reality and the rhetoric of religious freedom, which is often considered to be the ideal that promotes harmony and equality in the judicial system. But, history suggests that it does lead to more conflict due to the biases and prejudices of those same justices echoing the view that religious freedom brings inequality and disunity so the government and courts systematically enact mainstream practices favoring particular races and faiths for cause and preventing religious freedom and liberty!
Brands prejudice is pathological and projects a personality syndrome linked with racism as well to establish and cultivate his own race, class and religious supremacy based on favoritism towards his own perceived group, their admiration, sympathy, and trust of his ingroup, the “Courtel”.
BRAND CAN NOT SERVE IN ANY CAPACITY IN ANY AL-HAKIM MATTERS!
Repression of al-Hakim and First Amendment Free Exercise of Religion
The Constitution, and The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law. In recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution to keep the government out of religion– to guarantee the separation of church and state. This fundamental freedom is a major reason why the U.S. has managed to avoid a lot of the religious conflicts that have torn so many other nations apart.
The Free Exercise Clause of the First Amendment gives you the right to worship or not as you choose. The government can’t penalize you because of your religious beliefs.
Sherbert v. Verner (1963): The Supreme Court ruled that states could not require a person to abandon their religious beliefs in order to receive benefits. Sherbert v. Verner, in which a Seventh-day Adventist was fired because she wouldn’t work on Saturdays. The state denied her jobless benefits, saying she was fired for cause. The Supreme Court ruled that disqualifying her from benefits “solely because of her refusal to accept employment in which she would have to work on Saturday contrary to her religious belief, imposes an unconstitutional burden on the free exercise of her religion.” She got her benefits.
42 U.S. Code § 2000bb – Congressional Findings and Declaration of Purposes
(a) Findings The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
(b) PurposesThe purposes of this chapter are—
(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
42 U.S. Code § 2000bb–1 – Free Exercise of Religion Protected
(a) In general
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).
(b) Exception Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(c) Judicial relief
A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.
(Pub. L. 103–141, § 3, Nov. 16, 1993, 107 Stat. 1488.)
This action is PURELY RETALIATORY
Judge Jeff Brand, other judges listed herein, court clerks and superior court administration, in concert with unscrupulous Federal, Sate County and local judicial, law enforcement, governmental and legal entities and agencies (“entities”) have committed over 150 violations under United States and California State Constitutions against Plaintiff Abdul-Jalil al-Hakim that have been graphically detailed and documented over 40 years! (United States Constitution Amendments I, V, VI, VIII, XIV, For Violations of the Due Process Clause of the Fourteenth Amendment Under Color Of State Law; Section 1983).
This PURELY RETALIATORY, unjust, illegal act of revenge, calculated to foreclose on al-Hakim’s civil rights as promised to protect those judges and these underhanded entities known and documented to have repeatedly violated the law for years and just like Brand, they have been, are and will be a defendant and witness in those expected proceedings!! This is their collective legal defense effort to eliminate any possibility of that ever happening!
Brand has a challenge matter still pending, has NOT issued a ruling in Green Key default after their failing and refusing to file an opposition to the motion to vacate the writ of execution awarded to them by default taken against al-Hakim and THREE (3) failures to appear to oppose that motion, unlawfully evicting al-Hakim from his 40 year home, thereby strategically delaying the order to avoid further evidence of fraud on the court and to defeat this alleged vexatious litigant action wherein the judges and courts have acted as defendants CSAA co-counsel and CSAA has acted as judges counsel and government agent/informant for 20 years! BRANDS ACTIONS IN THIS CASE ARE INDEFENSIBLE! THUS THIS VEXATIOUS ACTION.
Brand installed the motion practice schedule to evade evidence of fraud on the court with the long pending six (6) CSAA orders so they could not be presented in this action.
The vexatious motion was filed on February 28, 2019, with opening brief due March 22, 2019, and reply brief due April 5, 2019, and the hearing set for April 19, 2019. Brand finally issued the long pending six (6) orders on March 24, 2019; three days AFTER the submission due date for the opening brief.
al-Hakim waited to receive the orders BEFORE filing the opposition/reply brief to include the orders as further evidence of Brands fraud on the court and exposing THIS frivolous motion as his sole defense for his, the judges, and court administration continuing fraud, corruption and conspiracy.
Court Scheduled Proceedings to Take Default against al-Hakim in VENDETTA Targeting al-Hakim with their “Muslim Ban”
Brand even had the hearing set for Thursday, April 18, 2019 and then changed it to Friday, April 19, 2019, both dates that Brand knows al-Hakim will NOT be able to attend due to a 40 year religious commitments know to Brand, defendants and the court, in another effort to take a default against al-Hakim. On April 3, April 15, and today, April 17, 2019, al-Hakim sent two faxes and emails each time to the court and opposing parties announcing the fact the court has scheduled these proceedings in furtherance of their VENDETTA Targeting al-Hakim with their Muslim Ban and requesting the hearing date be changed to a Monday or Wednesday. Thats TEN REQUESTED NOTICES FOR A CONTINUANCE and they were NOT answered. Finally, later on April 17, 2019, al-Hakim received an email from the department 511 clerk stating “Abdul-Jalil – Emailing the department is not sufficient notice for a continuance. If you need help obtaining a continuance please feel free to seek counsel or contact the self help center. This email address is only for people seeking reservations.”. (see April 17, 2019 email from Dept 511 under Exhibit 1)
This response clearly establishes their intent to take a default by design! The court can not complain about the cost of litigation in al-Hakim cases when they are responsible for the constant motions to continue, when they would not address the fact THEY chose the date without any input from al-Hakim knowing that he could NOT attend and rather than make a mutual accommodation, they suggest that he seek legal aid in filing a motion to continue! A COMPLETE WASTE OF TIME AND MONEY SOLELY TO PERSECUTE AL-HAKIM AND REWARD THE COURT AND DEFENDANTS!
Brand, the judges, the court administrations, and opposing parties actions have altered the course of litigation in scheduling proceedings on dates they know plaintiff can not attend and refusing to schedule proceedings on dates that he can attend, delaying and denying reservation numbers to file motions, failing to file or respond to plaintiff’s filing of oppositions and contesting to rulings and orders, demanding documents they already have or have better access to than al-Hakim, adding and removing proceedings from the docket and register of actions without any proceedings or authority, continuing the atmosphere of intolerable TERROR in furtherance of their corruption and agenda of hate induced persecution and entrapment, with their version of the targeted “al-Hakim Muslim Ban” has irreparably and irretrievably altered the legal outcome of the proceedings herein questioned! (see VENDETTA- TARGETED AL-HAKIM “CAMPAIGN OF CALUMNY DECEIT”; and VENDETTA- TARGETED AL-HAKIM Grand, Systemic and Endemic Corruption)
VENDETTA- TARGETED AL-HAKIM “MUSLIM BAN” by ”FIXING CASES” in Furtherance of Corruption Agenda, IS PURE RETALIATION
The judges, clerks and court administration has been and are “fixing”cases against al-Hakim attempting to protect the opposition as they have scheduled proceedings DEMANDING the hearing be on a date al-Hakim can NOT attend due to religious commitments that has been known to the defendants and the court for nearly 40 years, while REFUSING to have those proceedings on a date al-Hakim can attend! (see VENDETTA- TARGETED AL-HAKIM PERSECUTION, “MUSLIM BAN” by ”FIXING CASES”, al-Hakim Declaration at Page 12-14;“Opposition to Case Fixing”, filed April 4, 2018, in al-Hakim v. Interserver Inc., RG18-888371)
On April 3, April 15, and April 17, 2019, al-Hakim sent two faxes and emails each timeto the court and opposing parties announcing the fact the court has scheduled these proceedings Friday, April 19, 2019, a date that Brand knows al-Hakim will NOT be able to attend due to a 40 year religious commitments know to Brand, defendants and the court, in another effort to take a default against al-Hakim in furtherance of their VENDETTA Targeting al-Hakim with their Muslim Ban and al-Hakim requested the hearing date be changed to a Monday or Wednesday. After TEN REQUESTED NOTICES FOR A CONTINUANCE and they were NOT answered. Finally, later on April 17, 2019, al-Hakim received an email from the department 511 clerk stating “Abdul-Jalil – Emailing the department is not sufficient notice for a continuance. If you need help obtaining a continuance please feel free to seek counsel or contact the self help center. This email address is only for people seeking reservations.”.
This response clearly establishes their intent to take a default by design as the court suggest that he seek legal aid in filing a motion to continue! A COMPLETE WASTE OF TIME AND MONEY SOLELY TO PERSECUTE AL-HAKIM AND REWARD THE COURT AND DEFENDANTS!
If it is NOT possible to have litigation with the schedule proposed when the court is open EVERYDAY, the time is free and the court is paid to be there, then bigotry, Islamophobia, and Xenophobia are the specious basis for this continued Grand, Systemic and Endemic Corruption, Manipulation of the record and Register of Actions; Obstruction of Justice, Conduct To Pervert or Obstruct Justice, or the Due Administration of the Laws (Pen.Code, §§ 182, subd. (a)(1), 4570) 1 and Conspiracy to Pervert or Obstruct Justice (§ 182, subd. (a)(5)); the continued Fraud Upon The Court by Judge Brand regarding Motions clearly have a double standard! al-Hakim’s Religion and religious obligations on those days are NOT going to change for judge Brand nor the court.
al-Hakim has had to make multiple requests, once THIRTEEN times, another SEVEN TIMES to have a “Reservation Number to File a Noticed Motion and Ex-Parte motion to be heard on the SAME DATE as litigation previously scheduled, yet the requests were IGNORED/DENIED, and one resulted in the issuing of a default against al-Hakim by scheduling dates that the defendants and the court were aware al-Hakim was unavailable to attend.
The court has failed and refused to respond with their scheduling seeking an uncontested order, thereby making their agenda of hate apparent to all!
The judges and court administration’s continuing criminal harassment, obstruction of justice, denial of due process and corruption in his uniquely applied and enforced court rules summarily denies al-Hakim’s rights to a fair hearing without any statutory or contractual basis authorizing such a ruling and places an intolerable burden on him, denying his legitimate and undeniable rights and strikes at the heart of his fundamental civil rights and due process under the law, guaranteed by the United States Constitution and California Constitution. No statute in California authorizes the court to deny a right that is uncontroverted while in the process denying such precious fundamental rights of due process and justice. The use of judicial power to permit such injustice raises significant legal questions, and an order is necessary to prevent this abuse.
The judges mindless denials further expose and demonstrate the courts agenda of judicial, law enforcement, governmental and legal entities criminal corruption and persecution, fixing cases against al-Hakim because he is Muslim  and Black, a Whistleblower; appointing themselves a Real Primary Party of Interest to the litigation with their OWN agenda; weaponizing vindictive rulings in furtherance of their agenda; engaging in the defense of opposing parties; the denial of due process, obstruction of justice, the harassment, provocation, and government sponsored terror, the gross examples of white class and privileged bias, prejudice, Islamophobia, Xenophobia, hate induced, vindictive, retaliatory agenda, favoritism, bigotry and racism, al-Hakim continues to experience with the courts retaliation against plaintiff by taking adverse judicial and legal actions against him as punishment of al-Hakim, his family, businesses, and communities they serve continue.
Brand has begun the specious vexatious litigant action to foreclose on al-Hakim’s civil rights to eliminate any further threat he poses to their “honor” and position, while denying al-Hakim any opportunity for truth, fair relief, and justice against them in the “legal system”! The court has heeded al-Hakim’s intentions to not only litigate his cases but some directly involve the corruption naming judges dating back nearly 40 years and the courts can not afford nor will they allow this to happen! They will shut down al-Hakim at ALL COST!
The cases and hearings, which involves contested issues of law or fact, and which had been assigned to Judge Brand, should NEVER have been assigned and no matters hereinafter arising should be heard or assigned to Judge Brand, on the ground that he is irreparably conflicted, tainted, biased, and prejudiced against the plaintiff.
Brand does not provide any answers to the Challenges served on him because he can’t afford to incriminate himself until finally he decided NOT to answer a Green Key challenge until over a month after the Challenge was served, thereby consenting to the Challenge. al-Hakim incorporated those entire challenges therein until such time as he answers the challenges!
VENDETTA- TARGETED AL-HAKIM Aware Superior Court Criminal/Civil Vexatious Entrapment Litigation Strategy
al-Hakim is aware that the Superior Court administration and judges have been working with law enforcement in a covert criminal undercover sting operation trying to entrap, frame and incriminate him in criminal activity that is fostered by the hearings in his cases that are selectively being recorded by the court reporter whom arbitrarily goes on and off the record at the judges silent instruction, thereby editing the proceedings while in progress, to charge, try, convict, incarcerate and eliminate al-Hakim! The main purpose for the courts using this tactic and employing “court observers”, colluding with the opposing parties and the entities mention in the “WRIT RACKET” criminal, civil, vexatious entrapment defense litigation strategy with third parties was to enable the filing of the vexatious motion. These entities colluding and conspiring using the judicial arm of government whom perform and serve in the roles as suspect, culprit, criminal, evidence, testimony, facts, truth, perjury, investigator, witness, defendant, conspirators, corruptors, colluders, co-counsel, judge, jury, executioner, as the opposition party with their agenda of criminal corruption and persecution to the detriment and oppression of al-Hakim through the illegal use of public funds!The court costs of addressing the challenges can NOT be a consideration when the courts has deviated far from the norm of standard litigation by employing their own private court observers, reporters, and agents in their cause to fabricate a case against al-Hakim and the vexatious motion.
Judge Kaus admits to the courts acrimony and animus toward al-Hakim, and asks to wipe the slate clean and move forward in good faith as al-Hakim deserves a chance to have his claims adjudicated with the rights to fair procedure and due process guaranteed to them by law! But it took four challenges and multiple rulings challenged for fraud on the court, abuse of discretion, bias, prejudice, perjury, and failing to disclose conflicts of interest for Kaus to finally recuse retroactive to his assignment because he failed and refused to disclose a know conflict in these cases that now have to re-litigated at a heavy cost to the parties and the court!
VENDETTA- TARGETED AL-HAKIM “Illegal” Proceedings are Corruption
Based on the matters contained herein, on the United States and California State Constitutional rights and on this document filed herewith, al-Hakim’s cases, these entire “illegal proceedings” are solely for the purpose of the unscrupulous judicial, law enforcement, governmental and legal entities illegally utilizing the full force and resources of the government in a covert criminal undercover sting operation by fostering, fabricating and manipulating any filing, pleading, argument, facts, truth, faxes, emails, phone calls, voicemail messages, letters, hearings, request, reservation numbers, motion practice, motion titles, ex-parte applications, hearings, parties, appearances, continuances, schedules, proceedings, register of actions, Court Domainweb, statements, evidence, testimony, documents, word, inference, vague reference, or gesture that they can remotely interpret as evidence of any remote action they seek to advocate to incriminate, charge, try, convict, incarcerate and eliminate al-Hakim!
These are cases that al-Hakim has filed, they are his cases, NOT the courts, nor judges, nor law enforcement, nor government, nor legal entities in power! Yet they have hijacked al-Hakim, his religion, his truth, his family; their home, their lives; their personal, real, and business property; his businesses; his community; those they serve; his cases; his rights; his freedom; his pursuit of happiness; justice; the Constitution; his very existence! (See Entire “Illegal” Proceedings are Grand, Systemic and Endemic Corruption at page 138)
VENDETTA- TARGETED AL-HAKIM Grand, Systemic and Endemic Corruption
This Grand corruption is systemic and endemic in ALL al-Hakim cases involves the unscrupulous judicial, law enforcement, governmental and legal entities in power colluding and conspiring using the judicial arm of government whom perform and serve in the roles as suspect, culprit, criminal, evidence, testimony, facts, truth, perjury, investigator, witness, defendant, conspirators, corruptors, colluders, co-counsel, judge, jury, executioner, as the opposition party with their agenda of criminal corruption and persecution to the detriment and oppression of al-Hakim through the illegal use of public funds!
Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which further disqualifies the judge. al-Hakim again renews the request for those affected Judges to disqualify themselves, ALL of them, including ALL those named herein.
The fact that the trial court, the judges, clerks, and court administration are parties is an insuperable moral, ethical, and legal obstacle since they are more than a nominal party. (People v. Cimarusti, supra, 81 Cal. App.3d 314, 320; U.S. Financial v. Sullivan (1974) 37 Cal. App.3d 5, 12, fn. 6 [112 Cal. Rptr. 18].)
al-Hakim 2005 U. S. A. G., DOJ- and Judge Clay’s 56 Federal Corruption Complaints
“I don’t care about challenges, they don’t mean anything to me, I’m not scared of them!”. “He has said that he files complaints, files challenges to document the actions of the court”. “He filed complaints with me when I was presiding court judge”, “his work is quite good, better than many of the attorney’s that has appeared before me!”, “he’s a litigator in his own way”
Judge C, Don Clay on al-Hakim’s challenges and 56 complaints filed with and against him over the years
In July, 2005, al-Hakim filed a Federal Corruption Complaint with the United States Attorney General, Department of Justice, of a hate crime of Islamophobia and Xenophobia committed against him during the trial al-Hakim v. CSAA and Rescue, et. al”  in Superior Court of Alameda County, California.
al-Hakim’s initial investigation of his USDOJ demanded a change in this criminal, tactical policy of isolation, victimization, criminalization and the attempted entrapment of al-Hakim as the continuing victim, including the use of government initiated, Nixon era “White House Plumbers” and CoIntelpro style dirty tricks!
This State sponsored persecutory terror and civil conspiracy has brought into play Federal, Sate County and local judicial, law enforcement, governmental and legal entities and agencies (“entities”) to further their continued investigation of al-Hakim whom has been surveilled for years and continues today with the compromising of many agents and informants covers due to their sloppiness. These actions of these judicial, law enforcement, governmental and legal entities and agencies are just one example of the continuing efforts of law enforcement to silence and eliminate al-Hakim, even by death, as their “enemy of the State” adversary when al-Hakim has caught and exposed them as they have been entrapped in their own criminal snares!
The FIFTY SIX (56) complaints listed in the 140 PAGE COMPLAINT and CHALLENGE against judge Clay is only a small sample of documentation since 1980, and more recently 2000, al-Hakim has filed and served a variety of letters, formal complaints, legal actions and legal challenges with the United States Attorney General’s Office- Department of Justice; Federal and California State Judges, their ruling bodies and Associations; the Alameda County Superior Court of California, United States Attorney’s Office- Northern District; United States District Court- Northern Division, Attorney General of California, Alameda County District Attorney; City of Oakland and Oakland City Attorney; Federal, State and local law enforcement; Federal, State and local politicians; regarding the many blatant civil rights violations, fraud, criminal activities and corruption of these judicial, law enforcement, governmental and legal entities that was widely distributed over the internet and posted on many websites. (see 140 PAGE COMPLAINT and CHALLENGE of Judge Clay filed OCTOBER 3, 2018, and “al-Hakim 56 Complaints listed Document Communications with Clay Detail Corruption and Cover UP!”, filed December 19, 2018, both in al-Hakim v. Interserver Inc., RG18-888371)
“WRIT RACKET”
al-Hakim has filed multiple complaints for years against Justices Jones, Burns, James Humes, Terence Bruiniers, Sandra Margulies, Anthony Kline, and Kathleen Banke as well as Challenges for Cause against Associate Justice James Richman and Henry Needham, Jr. whom apparently sit in this group but has not openly participated in the decisions.
al-Hakim has filed multiple complaints for years against California Supreme Court Chief Justice Tani Cantil-Sakauye, former Chief Justice Ronald M. George, Federal Chief District Judge Phyllis J. Hamilton, and former Chief District Judge Claudia Wilken also.
In these matters, it has been established and admitted that there has been illicit ex parte collusion and conspiracy between Superior Court judges Wynne Carvill, Kim Colwell, Jeff Brand, Robert Freedman, Frank Roesch, Stephan Kaus, Mike Markman, Don Clay, Stephan Pulido, Ioana Petrou, Yolanda Northridge, Morris Jacobson, Jon Rolefson, Evelio Grillo, Kevin Murphy, Jo-Lynne Lee, Scott Patton, David Krashna, Jennifer Madden, Sue Alexander, Glenn Oleon, George Hernandez, Tara Desautels, Leo Dorado, Dennis Hayashi, Julia Spain, several commissioners, and the Superior Court Administration of Chad Finke and the Appeals court with the judges mentioned above. Three of the judges have offered the same unsolicited.
Additionally, Judges Ronni MacLaren, Frank Roesch and Jo-Lynne Lee issued ORDERS OF SELF DISQUALIFICATION/REFUSAL pursuant to C.C.P. §170.1 (a)(6)(A)(ii) and C.C.P. §170.1 (a)(6)(A)(iii). This fact demonstrates that there has been and continues to be pervasive illegal ex-parte communications between the judges regarding al-Hakim because al-Hakim has NEVER had any contact with some judges that recused.
These superior court judges have conspired with the appellant courts to independently take it upon themselves to broadcast their “dog whistle signal to the appeals court” to deny al-Hakim’s petition and issue orders in their support forcing al-Hakim into the “WRIT RACKET”! This is NOT having a trial, this is being “railroaded by the court in a case that is ALREADY fixed against you!”
This action are part of what litigants have come to know as the “WRIT RACKET” instituted by the legal system, judges, courts, the judicial administrative and regulatory agencies, both State and Federal!
These entities have made such a mockery of justice that now these judges do not hesitate to deny or violate a litigants rights and defy them to file a writ knowing that the Supreme Court, Appeals Court, Superior Court Administration, the Judicial Council, and the Commission on Judicial Performance, will cover up and white-wash their criminal activity! These criminal justices are forcing appellants into the Appeals Court cemetery for civil rights, where the Rule of Law is Overruled and Outlawed, the death of due process, where justice is a miscarriage, the treason of truth, the homicide of human rights, the dumpster for denial, where litigants rights are banished to rot in oppression, and die!
al-Hakim’s legal opponents, CSAA and others are engaged in corruption and conspired, consorted, colluded, conceived and employing this “WRIT RACKET” criminal entrapment defense litigation strategy with third parties, other judicial, governmental, law enforcement and legal entities employees, associates, members, agents, contractors, and informants of the U. S. Attorney General- Northern California, Homeland Security (NSA), F.B.I., U. S. Federal Court- Northern California District, California State Supreme Court, California State Appeals Court, Governor of California, California Attorney General, Alameda County District Attorney, Oakland City Attorney, California State Senator, California Congressperson, Alameda County Supervisors, Mayor of Oakland, Oakland City Councilpersons, Alameda County Superior Court, Judicial Council of California, among others, inciting the courts acrimony, animus, and persecution of al-Hakim with judicial calumny deceit!
To understand the “WRIT RACKET”, one needs to know what a “racket” and “racketeering” mean and depict in the legal community and population at large. The definitions are:
Racket
“A racket is a planned or organized criminal act, usually in which the criminal act is a form of business or a way to earn illegal or extorted money regularly or briefly but repeatedly. A racket is often a repeated or continuous criminal operation.”
Racketeering
“Racketeering, often associated with organized crime, is the act of offering of a dishonest service (a “racket”) to solve a problem that wouldn’t otherwise exist without the enterprise offering the service. Racketeering as defined by the RICO act includes a list of 35 crimes.”
Moreover, this is exactly what the judges meant by their “dog whistle” signal/statement at the hearings that they would rely on their “colleagues (in the Appeals Court)” to support their decision to ignore the Rule of Law knowing that the appellate judges would do just as Jones, Burns, Bruiniers, Margulies, Kline, Humes and Banke did, “cover-up for him”.
Brand and the courts actions are a content- and viewpoint- based restriction on speech and lacks any objective criteria for suppressing speech and censorship of constitutionally protected free speech, engage in discriminatory business practices with impunity in violation of the U. S. Constitution First Amendment and California Civil Code § 51, and Article I, section 2 of the California Constitution for Violations of Free Speech, provides: “Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.” when Plaintiff‟s viewpoints, are protected speech under the California Constitution, where the court harassed Plaintiff by engaging in a severe and pervasive scheme to suppress his constitutional and statutory right to engage in protected activity, by executing against him punitive and adverse judicial actions, and termination of his basic rights to due process?
By operation and application of judges restrictions set forth herein has unlawfully deprived Plaintiff of their full and equal accommodations, advantages, facilities, privileges, or services in violation of CCP §51 and abused its discretion and improperly prejudice al-Hakim, under color of law, the Judges sought to deprive him of litigation due him contrary to the right to due process and immunity from takings without due process guaranteed by the 5th and 14th Amendments to the United States Constitution.
These Constitutional violations of Plaintiff’s rights and prejudices Plaintiff suffered herein, when the judges denied his civil rights and due process, an equal opportunity to participate in unbiased pursuit of his legal claims, on the basis of Plaintiff’s race, religion, whistleblowing activities, bias, Islamophobic, Xenophobic, vindictive, retaliatory agenda, prejudice, favoritism, bigotry and racism; exhibited bad faith and deceit; denied al-Hakim’s civil and human rights, the rights to the truth, justice, to evidence and testimony, to due process; illegal ex-parte communications regarding al-Hakim; denied the appeal with criminal intent under the color of law and authority in violation of the rights guaranteed by U. S. Constitution Amendments I, V, VI, XIV, Due Process Clause of the Fourteenth Amendment Under Color Of State Law; Section 1983, Unruh and Ralph Civil Rights Acts, and the Bane Acts.
When the conduct of the Judges was unreasonable and undertaken intentionally with malice, willfulness, and reckless indifference to the rights of others, plaintiff’s injuries and the violations of his constitutional rights were directly and proximately caused by the policies and practices of the Appeals Court, which were the moving force behind the acts described herein caused damages to plaintiff, and will continue to cause damage to plaintiff in violation of his civil rights, and due process and equal protection of the laws under the U. S. Constitution Amendments I, V, VI, XIV by this denial of equal access to an unbiased legal process.
Given the principle involved in this case is not merely one of fairness to al-Hakim but also one of maintaining respect for the law and promoting confidence in the administration of justice. (As the United States Supreme Court stated in In re Murchison, 349 U.S. 133, 136 [99 L. Ed. 942, 946, 75 S. Ct. 623, 625]: “A fair trial in a fair tribunal is a basic requirement of due process. Fairness of course requires an absence of actual bias in the trial of cases. But our system of law has always endeavored to prevent even the probability of unfairness. … Such a stringent rule may sometimes bar trial by judges who have no actual bias and who would do their very best to weigh the scales of justice equally between contending parties. But to perform its high function in the best way “justice must satisfy the appearance of justice.” Offutt v. United States, 348 U.S. 11, 14 [75 S. Ct. 11, 13].”)
Where the court acted as described herein with reckless disregard for Plaintiff’s rights with the intent to injure, vex, annoy and harass Plaintiff, subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff’s rights with the intention of causing Plaintiff injury and depriving him of his constitutional rights when in these circumstances, there was denial of a substantial right rendered the ensuing commitment illegal because it is impossible for this or a reviewing court not to conclude that “a different result would have been probable if such error … or defect had not occurred or existed.”? (CCP § 475.)
Faced with the imminent threat of having to publicly confront the legal, professional, social, political and financial consequences of their twenty (20) years of GRAND CORRUPTION, filed this polemic nearly bare of supported facts or authorities, in this completely meritless motion, in a last ditch attempt to BAR al-Hakim from “coming for them” in proceedings which are finally approaching on the outstanding grand corruption matters by Brand enacting their entrapment strategy to declare al-Hakim a “vexatious litigant” in a matter brought by Brand, to heard by Brand, and judged by Brand and BRAND ALONE!!!
A determination of vexatious litigant status specifically under Cal. Code Civ. Proc. §391(b)(3) requires somewhat more than a retaliatory judge conspiring with the defendant to complain that they perceive al-Hakim vexed to their mutual motive, interest, benefit, and opportunity is a reoccurring theme over the 20 years of this case where the defendants have represented the judges in this case against al-Hakim and the judges have likewise defended the defendants as “sitting judge for the defense” and “deputy defense counsel”! There are simply no meritorious grounds for this motion at all. The statutory criteria are clearly stated and easily understood. And in this case, Plaintiff show they are as far removed from meeting the statutory criteria as possible, which Brand either knew or should have known before filing this motion out of retaliation and desperation.
The court can best decide upon the merits of the plaintiffs’ motions by reviewing them on the law, not by relying entirely upon the opinion of Brand and the entities. Even a cursory review can only lead to the conclusion that the Plaintiffs’ claims are potentially meritorious.  And that in fact the tactics of the defendants, including Brand and the entities, are harassing and delaying the court and wasting its judicial resources, by preventing his actions from proceeding to due process and discovery.
VENDETTA- TARGETED AL-HAKIM “CAMPAIGN OF CALUMNY DECEIT”
al-Hakim has long been targeted by United States Attorney General’s Office- Department of Justice; Federal and California State Judges, their ruling bodies and Associations; the Alameda County Superior Court of California, United States Attorney’s Office- Northern District; United States District Court- Northern Division, Attorney General of California, Alameda County District Attorney; City of Oakland and Oakland City Attorney; Federal, State and local law enforcement; Federal, State and local politicians.
The targeting by Brand, the judges, Alameda County Superior Court Administration, Alameda County District Attorney, City of Oakland and their City Attorney, California Attorney General, Governor Jerry Brown, Senator Kamala Harris, CSAA, Wellpoint, EBMUD, AT&T, Equinix, Interserver, and others, their contractors and agents (including its attorneys), with unscrupulous judicial, law enforcement, governmental and legal entities in their VENDETTA- TARGETED AL-HAKIM PERSECUTION, “MUSLIM BAN” by ”FIXING CASES” in Furtherance of their Corruption Agenda, IS PURE RETALIATION, with an aggressive campaign of calumny deceit, encouraged opposing parties to do all that they can to cause the ruin of al-Hakim, his family, their businesses, their business, real and personal property, his community and the clients they serve. Their tactics are more extreme than muckraking or character assassination, wherein the court and opposing parties fabricate and gathered negative, embarrassing or compromising information about al-Hakim, publish and disperse that information as widely as possible.
In the legal context, Brand, the judges and court administration, CSAA, their contractors and agents (including its attorneys), with unscrupulous judicial, law enforcement, governmental and legal entities are encouraged to use the process of litigation to “harass, deny and win using all tactics””The Law can be used very easily to harass and enough harassment on someone will simply push them to the thin edge, well knowing that he is not privileged, will generally be sufficient to cause their professional if not physical death, possible to annihilate him by destroying his credibility and moral character in all contexts leaving him a social and legal “pariah” in society incapable of being associated with or represented, and utterly ruin him.
One of the many things they did to al-Hakim was to offer compensation to bribe members of his family in an effort to take his real, personal and business property from him and to cause him great pain and suffering in hopes that he would perish. Ultimately, the court and CSAA proceeded to bludgeon Mr. al-Hakim with over-burdensome litigation tactics, as well as communicating with and intimidating his partners into abandoning him, leaving al-Hakim standing alone.
The court and CSAA intimidated, coerced, bribed, and otherwise elicited perjurious, slanderous, libelous and false statements from various people about al-Hakim and implied prurient activities. What al-Hakim did not know at that time, however, was the fact that agents, informants, and contractors acted for and on behalf of Brand, the judges and court administration, CSAA, their contractors and agents (including its attorneys), with unscrupulous judicial, law enforcement, governmental and legal entities by unethical and criminal means, instigated the acts, which gave, rise to the fraudulent, corrupt orders in underlying cases.
In doing so, Brand, the judges and court administration, CSAA, their contractors and agents (including its attorneys), with unscrupulous judicial, law enforcement, governmental and legal entities actions precluded Mr. al-Hakim from ever having a fair opportunity in any of his cases, and makes it explicitly clear that he is anything but a vexatious litigant in that the unanswered challenges and orders replete with perjurious, incriminating statements were not only false but obtained through criminal conduct. In short the court instigated and committed criminal acts with these entire “illegal proceedings” solely for the purpose of the unscrupulous judicial, law enforcement, governmental and legal entities illegally utilizing the full force and resources of the government in a covert criminal undercover sting operation by fostering, fabricating and manipulating any filing, pleading, argument, facts, truth, faxes, emails, phone calls, voicemail messages, letters, hearings, request, reservation numbers, motion practice, motion titles, ex-parte applications, hearings, parties, appearances, continuances, schedules, proceedings, register of actions, Court Domainweb, statements, evidence, testimony, documents, word, inference, vague reference, or gesture that they can remotely interpret as evidence of any remote action they seek to advocate to incriminate, charge, try, convict, incarcerate and eliminate al-Hakim, that DESTROYED his legitimate suits and then sought to have Mr. al-Hakim declared a vexatious litigant for seeking relief based on those criminal and civil violations of the law! (see VENDETTA- TARGETED AL-HAKIM “CAMPAIGN OF CALUMNY DECEIT”)
Respectfully,
ABDUL-JALIL al-HAKIM
510-394-4501