You can ask which came first, but the position being advanced here is that crony capitalism and courthouse corruption are each the sine qua non
of the other – that without which the other could exist - and the real root cause of both may be nothing more than that basic human instinct to survive. We all seem ready to accept and embrace the existence of “crony capitalism” as a root cause of current economic and political evil, but the suggestion that it spills over into our courts, and causes “impairment of integrity, virtue, or moral principle”, what Webster’s labels “corruption”, continues to be met with trepidation and resistance, and for good reason.
The theme of the “Bailey lynching” (defensibly hyperbolic) post is that we are dealing with austere and esoteric subject matter that we want to accept as having fundamental integrity, and that the sense of justice is a deeply personal thing, and, for Americans, is rooted in notions related to our courts – justice is blind, balanced scales, juries of our peers, etc, etc.. The point of our Lynching post bears repeating:
To understand the position that is being taken by Bailey one need only appreciate the true power of … Continue Reading ››
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'One word more, Mr Clennam,' retorted Pancks, 'and then enough for to-night. Why should you leave all the gains to the gluttons, knaves, and impostors? Why should you leave all the gains that are to be got to my proprietor and the like of him? Yet you're always doing it. When I say you, I mean such men as you. You know you are. Why, I see it every day of my life. I see nothing else. It's my business to see it. Therefore I say,' urged Pancks, 'Go in and win!'
'But what of Go in and lose?' said Arthur.
'Can't be done, sir,' returned Pancks. 'I have looked into it. Name up everywhere--immense resources--enormous capital--great position--high connection--government influence. Can't be done!'
Charles Dickens - Little Dorritt, no 13Bailey class continues to organize
One of the members of the Network circulated this quote from Dickens as she reflected on what has been lost to her personally, and to us (all of us as American citizens) collectively, as she remained resolute to oppose the mistreatment that she is now experiencing personally in asking for herself to have her case re-opened based upon the abundant public record of hostile and disparate treatment of … Continue Reading ››
As Tom Corbett said to Don Bailey during his deposition in the Kimmett case, “everyone knows who you are, Mr. Bailey”. The implications and context for this comment are set forth in our November 21, 2011 “shit storm” post. The premise of this article is that everyone has an opinion of Don Bailey, too, and those opinions are greatly divergent – his clients clearly holding one, and the judges and the lawyers, at least the ones taking their cues from the judges, another. The purpose of this article, however, is not a general apologia for Don Bailey, he is fully capable of speaking for himself, and has told much of his personal story on the videos linked to his personal site, which you will find in the Additional Resources here. The purpose of this post is to discuss the public record that has been made, by identifiable judges whose names have been used throughout, and to suggest that, based upon a reasoned study of that record, it reflects a judicial effort to smear Bailey's reputation, and ostracize, isolate, and eliminate him and the cases brought to him by his clients.
Documents that have already been linked and referenced already reflect perhaps … Continue Reading ››
We have received copies of emails from Network participant Andy Ostrowski that were sent to Senators Bob Casey and Pat Toomey via their designee representatives in the process to fill two remaining federal judicial vacancies in the Middle District of Pennsylvania. Harry McGrath, a Scranton Attorney, is Senator Casey’s designee, and Bob Graci, former Pennsylvania Superior Court Judge, and Eckert, Seamans partner, located in Harrisburg, is Senator Toomey’s designee. The Eckert, Seamans law firm is a key player in the current effort to “get” Don Bailey, as has been mentioned generally, and as will be brought to you in future posts.
Lackawanna County Judge Terrance Nealon, son of current Senior Middle District Judge William J. Nealon, was nominated in 2010 to fill one of the vacancies, but that nomination was withdrawn after Senator Toomey was elected. County Judge Nealon has since become involved in a scandal involving an admitted "lapse of ethical judgment" seven years ago by privately advising local Democrats on how to oppose a county voting plan in a case over which he was asked to rule. We do not know if disciplinary proceedings are underway as a result of these matters, but note that Common Pleas Judge Nealon … Continue Reading ››
Newly-appointed Pennsylvania federal District Judge Robert Mariani is getting the best education a new jurist could get – a real life lesson in what it means to have the fundamental right to not have property taken without due process of law. The res (property) at issue is Steve Conklin's farm, Satori Farm, in northern York County, as discussed in our December 6 Call to Action post.
Due process, in the courts, means hearings, or, more precisely, “notice and an opportunity to respond”. Notice is the “what must I defend against” and opportunity to respond is “what evidence do you have to support your claim”, and the hearing in court, or trial, if you will, is where the evidence is tested. That is the right every American citizen has under our Constitution before property is taken. That is “due process of law”.
Steve Conklin has placed that very simple, yet fundamentally important, issue directly in the hands of Judge Mariani, a lesson in constitutional law 101 for the new judge appointed for life. The essence of Steve Conklin’s claim before Judge Mariani is that he has never been provided with any hearing whatsoever; yet the York County Sheriff’s Office and State Police were … Continue Reading ››
There was a glitch in our first poll as a result of a server crash over the Thanksgiving weekend, which did not permit access to our first poll question of whether you support the Pennsylvania Civil Rights Law Network. Voting had been active and the glitch has been resolved. Please vote your support or non-support for PCRLN.
We have also added a second poll, in light of the Motion to Dismiss filed by Don Bailey on December 7, 2011 in the Pennsylvania Supreme Court, as referenced in our previous post. The question again is very simple to understand, and everything that you need to make a fully-informed decision - everything that is before the Supreme Court - is here for your review. Don has spoken abundantly. The Court has been largely silent - two one sentence Orders have been issued. Disciplinary Counsel has filed a response to the Rule to Show Cause, which is not yet available in pdf, but will be provided. The documents upon which the determination must be based, all of which are available here, are the following:
1. Disciplinary complaint
2. Third Circuit Motion for Rehearing En Banc (containing matters upon which discipline is based)
3. Bailey verified Answer to … Continue Reading ››
On December 7, 2011, Don Bailey filed a motion to dismiss the disciplinary case against him. The Motion was filed directly with the Pennsylvania Supreme Court, and alleges that the process itself has been so bereft of constitutional protections, that it is an effective nullity, that there is clear evidence of prosecutorial misconduct, along the lines of what has already been set forth in previous posts, and, most importantly, that he did not violate any rules of professional conduct in any respect. As it turns out, Bailey’s appropriate and respectful (as those things go) complaints of judicial misconduct, have turned out to be true, as the record of the hearing transcripts (void for any purpose involving Bailey’s license) already has shown. Please read the motion filed by Bailey:
Bailey Supreme Court Motion to Dismiss Discipline Case
Significantly, that motion contains cites evidence suggesting that Middle District Judge Christopher C. Conner has testified falsely under oath at the hearing. The issue is set forth by Bailey as follows:
16. Judge Conner is believed to have testified falsely on the issue of whether he was a complainant to the ODC, testifying in the hearing that he was not. Bailey received a “Complaint … Continue Reading ››
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We are pleased to bring you an update from our call for action that went out on December 5, 2011, to inform you that newly-appointed Middle District Judge Robert Mariana has granted a Temporary Restraining Order prohibiting the York County Sheriff from going forward with the forced eviction scheduled for December 8, 2011. It was the only right decision under the circumstances, and, while we do not feel it is incumbent upon us to thank judges for doing what is the only right and just thing, there is a certain appreciation that is expressed, under all the circumstances.
Judge Mariani set the TRO to expire on December 21, 2011, and has referred it back to Magistrate Judge Blewitt, who summarily denied Conklin's April, 2011 motion, for a report and recommendation on the request to make the TRO into a preliminary and perhaps permanent injunction. Mariani has not yet addressed the Motion for Recusal Coklin filed, and we will update you as these matters proceed. A copy of Judge Mariani's Order follows:
While Steve and his family are most certainly relieved of this urgent situation, it is no time to rest, and the efforts that are underway here must continue … Continue Reading ››