BULLETINS FROM ALOHA
Brings you Aaron Swartz AND:
THE POWER GRID
by Lauren Paulson January, 2013
JUDICIAL POWER COLLIDES WITH AARON SWARTZ’S LIFE
It is not you ---- it is NOT you that failed to prevent Aaron’s suicide. It is them. The dysfunctional power grid did it.
One week ago, I had never heard of Aaron Swartz. Now, he has taken that dotted line to nowhere and bridged the gap to somewhere. For me and I hope for you. Think PACER, a legal electronic depositary for lawsuits filed in federal court. Only a handful of state courts have this system. It is like JSTOR in the sense that it is a profit center for the government of what is in the public domain. Aaron spotted the contradiction of the government profiting from a legal bulletin board where federal court litigation records are available to the public for a price. He rightly felt these records should simply be in the public domain.
WE KNOW THE ENTIRE LEGAL SYSTEM IS DYSFUNCTIONAL
With the Judiciary being blown to the right, did Aaron have a right to fear prosecution in federal court? The answer is yes.
But, When Did It Start?
1950’s -- We know the legal system was not dysfunctional in the 1950’s because of Brown v. Board of Education.
1960’s -- We know the legal system was not dysfunctional in the 1960’s because of Miranda v. Arizona when the Supreme Court ruled that poor people are entitled to know their rights when subjected to criminal prosecution. (I wonder if Carmen gave Aaron these warnings?)
1970’s -- We can identify exactly when the worm turned:
The Perversion of Power in the Judiciary and the Law
THE LEWIS POWELL MEMO OF 1971
In 1971, Lewis F. Powell, then a corporate lawyer and member of the boards of 11 corporations, wrote a memo to his friend Eugene Sydnor, Jr., the Director of the U.S. Chamber of Commerce. The memorandum was dated August 23, 1971, two months prior to Powell’s nomination by President Nixon to the U.S. Supreme Court. Future Justice Powell stated that, “Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.”
What followed is a well orchestrated, long term plan to stifle the left and to stuff the dissent of the 1960’s and begin to nurture schools, think tanks and corporations in a new way of thinking. The following is no accident, but flowed directly from the conservative metamorphoses and Powell’s call to action of 1971 in the law. ALEC began in 1973.
National Center for State Courts (NCSC) -- Formed in 1971 by Richard Nixon and Chief Justice Warren Burger. Its mission is for judicial reform and to improve judicial administration in the courts of the U.S. The American Judges Association is an NCSC partner. Some of their meetings are secret.
1980’s -- The Federalist Society -- Formed in 1982, it is a group of conservatives and libertarians dedicated to reforming the current legal order. It now has chapters in 196 law schools. But, yet more:
American Inns of Court -- The concept began in the 1970‘s in Utah through the School of Law at Brigham Young University. Finally and formally formed in 1983 by Chief Justice Warren Burger to be an amalgam of judges, lawyers, law professors and law students. Its mission is to foster excellence in professionalism, ethics, civility and legal skills.
State Justice Institute -- Formed in 1984, Its mission is to ensure access to a fair and effective justice system. It serves to provide grants to State courts and to finance the activities of the National Center for State Courts with taxpayer money.
American Judicature Society -- whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." The American Judiciary is partially sponsored by Bank of America.
This long-term focus began paying off handsomely in the 1980s, in coordination with the Reagan Administration’s “hands-off business” philosophy.
1990’s -- The National Center for State Courts and the State Justice Institute authored The Anti-Government Movement Guidebook. This Guidebook was financed by the State Justice Institute mentioned above. This Guidebook is a tutorial for judges on how to deal with citizens who are:
“...disaffected and often dispossessed (and) who
are seeking a better way....”
In short, this 200 page guidebook instructs judges in how to deal with self-represented litigants. A cynic may observe that it is instruction on how to avoid giving due process to the poor. One commentator wrote that The Anti-Government Guidebook “....instructs judges to be prejudiced ...” against anyone who dissents.
2000 -- The U.S. Supreme Court decided Bush v. Gore which explicitly dispenses with The Rule of Law. Whereas, before, the role of the U.S. Supreme Court is to establish precedent, Bush v. Gore is the first time in history that the U.S. Supreme Court says their decision is NOT precedent. This decision along with the Anti-Government Guidebook frees the judiciary from following The Rule of Law and frees the judiciary from providing citizens with The Due Process of Law. In other words, judges can do what they want when they want. Consider for a moment what that meant to Aaron Swartz and his fate.
2006 -- The dotted line can be traced to Lawrence Lessig, the author of Republic, Lost. Lawrence Lessig is a charismatic lawyer with glasses. And Harvard Law Professor. And proponent of Rootstrikers. He has a plan for
solving some of the power grid above. This is where the genius of Aaron Swartz and the genius of Lawrence Lessig come together.
People have called me Aaron's mentor. The truth is the other way around. Aaron was my mentor. Since I first met him 12 years ago, he had pressed questions exactly like that. Again and again, his questions steered me, and guided me.
Carmen Ortiz, U.S. Attorney for Massachusetts is the nemesis for Aaron who is guilty of nothing yet faced the prospect of being a convicted felon.
Amanda Marshall is the U.S. Attorney for Oregon and should be the nemesis of Ian Kyle who is guilty of lying to the Court. He faces nothing. You see, he is a lawyer for Bank of America who is lying to the Court in a foreclosure proceeding. He is one of the brazen breed who commit open fraud by being caught red-handed lying to the Court AND filing false documents with the Court. That was two years ago. I brought this to Amanda’s attention a year ago. Nothing.
Let’s see. Aaron withdraws some public documents from a public institution and faces felony charges. Carmen’s charges prove to be a death sentence.
Let’s see. Ian, a lawyer, lies to the Court and files fraudulent false documents with the Court, swearing they are true, gets caught and faces nothing.
This is happening all over the United States. Aaron gave us a blue print for doing something about it. Mr. Lessig gave us a place to start.
Eric Hoffer, The Longshoreman Philosopher said: “A movement is pioneered by (people) of words, materialized by fanatics and consolidated by (people) of action.” Let’s do it. Lauren Paulson
Lauren Paulson had a private practice in Aloha, Oregon for twenty years entertaining all clients, refusing few. He was elected to President of his County Bar in 1996 and to the Oregon State Bar Board of Governors in 2002.
Prior to that he worked as a corporate lawyer responsible for complex litigation across the entire United States. He has physically worked as a lawyer in every geographical subdivision of the country ending up as a senior officer for a Wall Street company in New York City. Dissent against the Oregon State Bar provoked the State Supreme Court.....to sick their police on him. The Power Grid enjoys the diminishing of those who dissent.