Tag Archives: Civil Rights

Don Bailey’s opening statement in defense of lawyers and your civil rights

Members of Judicial-Corruption.net, PennsylvaniaCivilRightsLawNetwork.com, and TrueDemocracyParty.net, as well as members of the Berks County Patriot Board, and dozens of loyal clients of Don Bailey, got together and united as we were all in the courtroom for the hearing of Don Bailey this morning in Harrisburg, PA for what really is, or could be, one of the most important hearings to take place in the history of our country that should have never been allowed to occur.

The hearing began before a hearing examiner by the name of Brian Cali, Esquire.  Mr. Cali is believed to be under federal investigation for his role in an ankle bracelet business that was connected to the “kids for cash” scandal.  Cali was asked by Bailey to recuse himself from the process, but Cali refused, and has never denied being under investigation at the present time.  Marty Carlson, the federal magistrate judge appointed to get Bailey, was U.S. Attorney early on in the kids for cash scandal, and has been criticized for turning a blind eye to that judicial corruption early on before it got out of control.  Chances are that Carlson’s, Killions, and Cali’s paths have crossed before.  What is Cali’s true role in the kids for cash investigations?  We demand to know.  Is he “giving” them Bailey in exchange for favorable criminal treatment? Did Carlson ‘s, Killions, and Cali’s paths cross again?  Again, we demand to know.

The testimony was consumed by a day of 2 federal judges appearing in state court to go after a lawyer.  Bailey is charged for saying that judges met to discuss how to get him, and that is exactly what the testimony was.  Phone calls and meetings between federal judges about Don Bailey.  Judge Conner was visibly nervous and had the “i don’t recalls” typically scattered throughout his otherwise disturbing testimony.  Everything about his and Jones demeanor suggested that they know they have been caught by Don Bailey, and that they are trying still to figure out a way out.  We have one – impeachment!

These judges don’t work on cases together, so there is only one reason to be discussing him, and then working with state authorities to get him – because what Bailey said is true.  Don Bailey is being prosecuted for true statements about judicial corruption.  We will have all the testimony here when it becomes available.

The crux of the issue is the preservation of our civil rights, and our ability to enjoy due process rights and equal protection, and every other basic constitutional right that we have known all our lives, that must stand up when it comes to blowing the whistle on corruption – at any level of government – executive, legislative, or judicial – state or local.

We caught up with Mr. Bailey after the proceedings today, and he was kind enough to give us a copy of his Opening Statement:

Opening Statement of Respondent Don Bailey:  August 11, 2011

Mr. Chairman, Mr. Fulton, and Attendees,

I very much appreciate the opportunity to defend myself, to the extent I can under the limitations I must endure, against charges that I wrote in a pleading that certain federal judges were misbehaving.  I confess that I did so.  Because objectively speaking, they were.  And I also confess that I still believe every word that I said.

The Federal judicial system, at least in the Middle District of Pennsylvania, has been corrupted by certain errant and dishonest judges.  There is no need to address what we have suffered, as of late, in our state judicial system.  And even greater than the injustices that I am suffering right here are the deprivations of American citizens who deserve, but have been denied, their day in court.  Political and personal misconduct by judicial officers continues in our system.  The evidence is overwhelming.  Favoritism, selective law firm influence, cronyism and political retribution are common place.  Corruption in Pennsylvania has become a pervasive way of life.  There isn’t a lawyer, nor is there a functionary in this system, who is not aware of these facts.  And just because there’s always been some wrongdoing doesn’t mean this is okay.  There are two generic classes of victims in this orchestration.  The unfortunate spill off reflects on the large maturity of our judges, the decent and honest judges whose service we are privileged to enjoy, countless citizens are required to depend upon a class of dishonest and corrupt public officials to try and seek redress of their grievances.  There is no greater example of the corruption which exists in Pennsylvania today than this very proceeding.  Pennsylvania’s so-called Lawyer’s Disciplinary System is a fraud.  If a lawyer dares to complain then his or her profession and livelihood are threatened and destroyed.  Furthermore, as Paul Killian’s behavior demonstrates, in one place you apply standards, in the next place you don’t, it all depends on who the favor is being done for.

I have been denied the opportunity to subpoena fact witnesses.  Why?  I have been denied the opportunity to review and require the production of documents and files.  Why?  I have been falsely misrepresented and intentionally attacked by certain manipulative judges, like Mr. Conner, but my clients and I expected to refrain from protest for fear of suffering personal retribution.  This entire process originated with a courteous request to Mr. Conner to reconsider a racist memorandum he wrote in a York County case.  I am suffering retaliation today because I had to courage and loyalty to my client, Stephen Conklin, to do what was right.  And the facts will clearly demonstrate that.  They are irrefutable.  But Mr. Conner moved to have them struck.  It is partly for these reasons that an effort is underway to impeach him.  See the Venesevich writ of certiorari which demonstrates not just judicial excess, but clearly illustrates the arrogance and abuse that lawyer’s and citizens can suffer because of the privileges that evolved in our judicial system that protect dishonest and abusive judges like my accusers.  The document upon which my charges are based stem from my complaining that my client Thom Lewis and I were the victims of judicial misbehavior.  Well, I believe we were.  When we attempted to present evidence we were even denied the right to subpoena witnesses in a so-called sanctions hearing.  We weren’t even allowed to question the individual who claimed to have done the legal work we were sanctioned for in the legal panorama devoid of due process.

This board is not even legally constituted.  It does not have the civilian representation it’s supposed to have.  It inappropriately mixes prosecutorial, adjudicatory, and investigative functions.  It has been recognized nationally as unreliable.

I’m the best evidence.  As I’ve been told I am here because federal judges Yvette Kane, John E. Jones III, Anthony Scirica, and Christopher Connor complained that I criticized them.  Magistrate Judge Carlson has virtually thrown tantrums comprising uncontrollable attacks on me personally which then strangely ended up being manipulated into the media.  That stemmed from my innocent questioning of his mysterious midnight appointment and the committee behind it.  So like political operatives carrying out the wishes of a political boss, I am being hauled in here to make sure that the civil rights issues I raise and the people I represent don’t have a chance to present their cases in court.  This begs other questions.  More is yet to come.

The vast majority of my clientele are police officers.  Invariably their cases touch upon and require the disclosure of public corruption.  Today whistleblowers and loyal hard-working law enforcement personnel are under attack by our Federal courts.  Now, I’ve had the privilege of representing dozens of Pennsylvania State troopers against abuses in their own leadership system.  A case study on those cases alone should provide revealing information about the politics of our federal courts, or more specifically certain judges.   I have won over $5 million in verdicts and through settlements in just the Middle District.  Perhaps a study should be done on how those verdicts have been taken away.  I assure this committee it will be.

This is not a world of even trying to exercise neutral and detached judgments.  It’s a world of politics and egos and arrogance.  The responsibility of any official community is to at least try and let it police itself.  Our judicial system cannot do so.  And this so-called disciplinary system is little more than an enforcement arm of those who would abuse it.  The manner in which this hearing process has been conducted is a testament to the entire systems’ excesses.  Institutional reform is needed.  Judges should not be policing or regulating lawyer’s and judges should not have the bootstrapped protections they have enshrouded themselves in.

The rules of conduct that are being used to abuse me are both unconstitutional as written and as applied.  Although I have no doubt as to the outcome of this process I do have a political and more duty to fight it.

Please allow me to finish with a brief personal story.

When my children ask me, and I have six, how I seem myself, assuming I see myself as a dad and husband first, am I an ex-football player, or an ex-congressman, or an ex-statewide officer holder I laugh and tell them I’m a jungle fighter.  That’s what I did best.  That’s what I knew best and that’s what I excelled at.  My mind goes back to a day long ago back in 1969 in Vietnam.  Delta Company had surrounded a few enemy soldiers in a draw near the base of Nui Khe Mountain, just a little Southwest of the Villiage of Nam Hoa.  Naturally, my platoon was sent in to get them.  Because we were the best.  As we moved up the draw through a little blue we began to find bones.  Little bones at first and then bigger and heavier bones and then skulls.  We found the disjointed chopped skeletons of over 200 people who had been marched out of Nam Hoa in 1968.  Their names had been on a list because they had said things critical of the Communists.  That’s all they did.  They had criticized the political structure.  Now the story, which is true, is certainly an exaggeration to press the point here.  But how far removed is this so-called hearing or process?  Perhaps not as far as some of you would like to think?  You would take my right to earn a living, but more important my right to represent people that not one of you has the courage to stand up and fight for.  That I voiced substantive criticisms is not important.  You haven’t the slightest interest in the accuracy or efficacy of what I said about these judges’ and their misbehavior.  Your only fear is that someone will hear what my clients and I said and might pay attention to it.  You see what you seek to stop is any attorney saying anything critical of any judge at any time.  The judicial system charged with the responsibility for protecting American citizens from First Amendment intrusions by the government is the greatest abuser of all.

 

Civil rights lawyer Don Bailey under attack and he and clients sue federal judges for misbehavior

The paramount issue our legal system is presented with currently is the ongoing campaign, if you will, by a small clique of federal judges, and their state and federal political friends, to go after the law license of decorated war veteran, former congressman, former Pennsylvania Auditor General, and now prominent civil rights attorney Don Bailey.

Don got into the practice of civil rights over the fallout from his own victimization when, as Auditor General, he revealed substantial pubic corruption in the State of Pennsylvania at its highest levels.  He was visited by state and federal officials, including the United States Attorney himself, and was, in essence, asked what it would take – what graft, gift, or favor – in order for him to back down and look the other way.  Don refused, and stridently, with the truth behind him, assured these scoundrels that he would never be bought, and ever since that day, Don has been in a battle to reveal public corruption, and to fight for its victims.  There is an extensive interview of Don that is recorded in his website, which is linked to this page.

To the best of our knowledge, Don is the only politician in American history to have prevailed in a defamation lawsuit against his political opponent (Barbara Hafer) that was the first civil rights lawsuit he filed after leaving public office.  The case, Bailey v. Hafer, languished in the courts for a decade, and in the Third Circuit Court of Appeals for years, before decided in his favor.  While the case never did go to trial, it did settle favorably for Don, and, despite the fact that Don had his bright political future stolen from him unjustly, and lost everything he had, his only request was the Ms. Hafer apolgize to him, in writing, which she did.  In the apology, Hafer admitted she lied about him, and pointed the finger at certain “federal officials”, one of whom was Martin C. Carlson, former United States Attorney, and now a United States Magistrate Judge, under Kane, Conner, and Jones, and the author of 2008 scandalous ans scurrilous attack on Don Bailey in a 56 page memorandum that was distributed through statewide media.  Don’s reply was not.

The federal courts, and some of the political operatives who run them, including Marty Carlson, have taken up the cause for their political “friends”, and have joined in the effort to protect the corrupt politicians and judges, and to end the career of Don Bailey, and to cut off access to the federal courts for the many, many police officers, state and local officials, public employees, minorities, and others who have been victimized and abused by corrupt people and power structures, and Pennsylvania will be left to languish in the backward ways of thinking and behaving that have destroyed public confidence in the judiciary, and even in our elected officials.  These judges are out to hurt and harm Don Bailey and the civil rights clients he represents because they, too, are beholden to the corrupt system that put them where they are – on the bench of our esteemed federal courts donning the powerful black robe, where they then use their tremendous power to protect the structures that got them there rather than foster their independence from those systems in recognition of the singularly-significant ability of a federal judge to influence cultural climates.

The claims of Don Bailey will be proven, and the proof is all there, and we hope to share this all with you through our initial efforts on this site.  Don has had over $3,000,000.oo in verdicts awarded to his clients, from all walks of life, and significantly in recent years from the ranks of law enforcement themselves,  by juries performing their roles and exercising their responsibilities as American citizens.  All of these verdicts have been taken away as part of the plan to harm him and his clients.  We do not cast aspersions on the judiciary lightly, nor do we wish to suggest that every judge is corrupt, because certainly most, hopefully, are not, but Don’s cases are being “fixed”, the old-fashioned, crooked way – by picking up telephones and through winks and nods, but the evidence is clear – from the $1.5 million verdict he was successful in obtaining on behalf of 2 state attorney general narcotics agents against, inter alia, the then-Attorney General himself, Mike Fisher, who now, of all things is a Judge on the Court, the United States Third Circuit Court of Appeals, that threw out the verdict against him, to the recent decision overturning another case where a state trooper was a victim of wiretapping that was committed by his own State Police supervisors in a dishonest effort to hurt and harm him.

The further plan, which is already afoot through the, attack by Marty Carlson, and will be shown through evidence relating to Judge Conner, is to portray Don Baily as a disgruntled, malcontent, and “fallen star” who has imagined grand conspiracies to justify and validate the political losses that he suffered 20  years ago, but that is a lie, every word of it, and it is already out there as a myth that is believed by many.  The Hafer apology came in the year 200o.  At that time Carlson was United States Attorney, Jones was a co-campaign chairman/fundraiser with Tom Corbett for tom Ridge, Kane was on the federal bench in Harrisburg, and the Third Circuit Judge Mike Fisher case (cases/saga) were already in the courts or very near, annd the trial on those cases was in 2003.  After that trial, an email circulated through then Attorney General Fisher’s office that “Bailey has caused a shit storm” in Harrisburg.  Conner acceded to the federal bench in 2004, and immediately launched into what are obvious attacks by a political neophyte that have continued, unbroken, and coalesced with the others, and from there you will see an continuous chain of abuses, right through the day of this posting, and the hearings scheduled for August 11 and 12 in Harrisburg that will prove that this is indeed a conspiracy involving federal judges and others to harm the rights of innocent American citizens whose constitutional rights have been violated because of who their lawyer is and what he represents to them.  Nothing can be more anathema to our entire system of justice.

The current strategem being employed is to use the sycophants in the Pennsylvania Supreme Court Attorney Disciplinary Board and its Disciplinary Counsel, life-long political lackey Paul Killion, to mount an attack on Don Bailey’s law license through an easily provable corrupt effort of these same federal judges in concert with their state political friends.  The attachment to this post is what is called a petition in the Supreme Court’s “King’s Bench” or “extraodinary” jurisdiction, where the Supreme Court is asked directly to discipline itself, and to intervene in these corrupt proceedings and bring them to an end.

See also:  Exhibit 3, Thom Lewis v. Jesse Smith, et al, Third Circuit motion contains the allegations for which Bailey is being charged

The Pensylvania Supreme Court, and the Lawyer’s Disciplinary Board, as well as the Judicial Misconduct Board have fallen into disrepute of recent due to the criminal prosecutions of Luzerne County Judges Ciavarella and Conahan in what was known nationwide as the “kids-for-cash” scandal.  Recent commissioned reports have identified the failings in the system that had led to the judicial corruption scandal that gave the entire state a black-eye, and the Don Bailey discipline gives the Supreme Court a clear chance to prove its own integrity by addressing the same failings that exist in regard to Don Bailey, and to end the corruption that undermines the confidence we all have in our judiciary, and to usher in the reforms needed so that American citizens do not continue to be victimized by our courts for daring to do something about their victimization by their government, and those others “acting under color of law.”

Don Bailey is also in the process of filing a federal civil rights lawsuit, on behalf of himself and at least 25 of his victimized clients, who will be named as plaintiffs, and will be making very extensive accusations of corruption and unlawful behavior on the part of a wide-array of state and federal officials, including the judges who have worked specifically to hurt and harm him.  These judges and other operatives have felt that because they can control the access to information to the public, and how it is presented, they could ostracize, isolate, and surround Don, and move quickly and easily in for the kill.  Well, despite the fact that they have been known and out to get Don Bailey for nearly 20 years, they should know that his honesty is unshakable, his commitment to his clients is second-to-none, and the confidence that people have in him is unwavering, but of course they wouldn’t know that, because they are the people who he has been fighting against, and they woefully underestimate the motivation of honest American citizens to expose and oppose corruption in our government, and this site will continue to bring you the developments as the cases proceed.

The agenda is clear – stop Don Bailey, but more importantly, stop the civil rights clients he represents from having the courage to expose and oppose public corruption, and it is our goal to help shine the light that needs to be shone on the courts, and their efforts to keep the people from uncovering public corruption.  This will be your site for the truth, and we hope the Courts, including the court of public opinion, will be the site for the justice.

Update: since this was originally posted, a federal lawsuit has been filed by Bailey and 25 of his clients.  The link to the suit is available here, and will be updated.

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Harrisburg federal courthouse issues reach new lows as they go after PA attorney who is exposing public corruption

Please be advised that the disciplinary hearings for Attorney Don Bailey will proceed on August 11 and 12, 2011, beginning at 9 a.m. in the Judicial Center on Commonwealth Avenue, Harrisburg Pennsylvania.   We are asking as many of you that can to please show up for those hearings.  Furthermore, Don is in the process of filing a federal civil rights lawsuit where he and at least 20 of his clients at this point are suing these federal judges and others related to the state and federal courts and disciplinary system.

At this point, it appears that there is a fix that is in the state disciplinary process, and we do not say that lightly.  Don’s most recent request for a continuance has been denied, and virtually all of the subpoenas that have been served to prove his allegations have been quashed – he is being completely deprived of all due process.  Our view of this is that they know that it is just Don against them, and even though Don is and has always been 100% blameless, as long as it is just Don, they can prevail and control the outcome and aftermath, because it’s all kept within the courts and its discipline system.

We believe the strength of everything here depends on people outside the system who have been hurt (Don’s clients and Attorney Ostrowski’s clients)  being involved actively in this effort.

The Unites States Senators for Pennsylvania, Toomey and Casey, are ultimately in control of this, and they know what is going on, and they must be made to know that this will become a political issue outside of the courts, and that they will have to answer for this.  They have already been specifically advised of all of this.  The evidence is increasingly clear that there is a corruption problem in the federal court here in Harrisburg, and until we can shift the balance of power, it is politically easier to sacrifice Don on the altar and to protect the individual judges.

We believe you are all aware of the impeachment sites for Judges Kane, Conner, and Jones, and/or have had your personal experiences with them and been harmed by them.  Again, it is much, much easier to get rid of Don than to admit and address a corruption problem in the courts, and public assistance and attention to this effort is critical.  Please do what you can, and show up on August 11 and 12.  We are attempting to have this organized as a protest outside the courthouse if we can get enough participants.  Regardless, any support you can provide would be helpful.

And for those who don’t know who Don Bailey is, it’s time to learn.  Don is one of our last true defenders of freedom and the Constitutional law that protects us from the abusive court system.  You can learn more about Don’s heroics at http://www.DonBaileyLaw.com and from WikiPedia at http://en.wikipedia.org/wiki/Donald_A._Bailey.

A brief introduction regarding the Centralia Pennsylvania Federal Lawsuit

The gravamen of this complaint is an attempt by some American citizens, and a Pennsylvania borough, to redress egregious violations of their rights by a group of private persons, with the connivance of state officials and entities. These defendants covet billions of dollars worth of extremely valuable anthracite coal which lies beneath the surface of the Borough of Centralia.

These persons and entities, by and through political connections and the manipulation of governmental agencies and entities, are, among other things, illegally taking the property of the plaintiffs through the unlawful use of government police power.

The original government pretense, if indeed it was ever legitimate, has long since expired. In short the purported “Centralia Mine Fire” which allegedly threatened the Borough of Centralia no longer provides, or never did provide, a viable explanation for the application of government power (exercise of eminent domain) and the taking of these American citizens’ property.

Plaintiffs allege that their rights are being violated by abusive government officials and entities, in concert with private persons, and that they have been exploited by the defendants to accomplish their unlawful ends.

The persistent efforts of this private/government enterprise have resulted in a massive and continuing fraud reflective of both civil and criminal RICO violations.

Perhaps the most succinct characterization of this process is expressed in the wisdom of the Hon. Scott Naus of the Court of Common Pleas of Columbia County when he obviously questioned, through the choice of his words, the basis for the suspicious rush to judgment by individuals and government entities who were purportedly seeking to respond to the dangers of a fire that has never materialized as a threat to Centralia.

The fire has never been investigated. No court has ever held a hearing to determine whether the fire is, or ever was, a threat to the Borough or these plaintiffs. Despite pervasive conflicts in the “evidence” of the alleged “threat” posed by the fires, and the additional evidence of questionable political rationales, the fire that has never reached, and will never reach, Centralia has been allowed to act as an engine of private aggrandizement resulting in the unlawful denigration of citizens’ rights.

Centralia Amended Complaint

For the complete story, visit http://www.CentraliaPennsylvania.org