Los Angeles, December 6 – Human Rights Alert (NGO) and Joseph Zernik , PhD, released records from litigation of Log Cabin Republicans v United States of America et al (2:04-cv-08425) at the US District Court, Central District of California, [ ] documenting litigation of dubious validity, where access to critical authentication records is denied by the Court. Human Rights Alert called upon the parties to the litigation to release the records and permit the public to ascertain validity, or lack thereof, in the conduct of the litigation.

Human Rights Alert previously filed a request for investigation and impeachment proceedings against Judge Virginia Phillips – for seizing another case with no valid Assignment Order and conducting pretense litigation in the Court, where invalid minutes, orders and judgment were issued with no attestation by the Clerk of the Court, and where a false and deliberately misleading docket was constructed by the Office of the Clerk of the Court Terry Nafisi. [ ]

The docket of Log Cabin Republicans v United States of America et al demonstrated signs of pretense litigation as well:

· In October 2004, the initial Complaint was filed by the Log Cabin Republicans seeking remedy against the US Government pertaining to its Don’t Ask Don’t Tell policy, pertaining to gays serving in the military. The Complaint and the Civil Cover Sheet, required for the opening of civil docket are missing from the docket in PACER – the online public access of the Court.

· Summons was listed as issued, but no Summons was docketed, in apparent violation of Duties of the Clerk pursuant to Federal Rules of Civil Procedure.

· Judge George P. Schiavelli appeared as presiding Judge in the case. However, no due Assignment Order was found in the docket.

· On March 21, 2006, Judge Schiavelli appeared to grant the US’s Motion to Dismiss.

· On March 22, 2006, Dismissal – Judgment in favor of Defendant, the United States, was entered in the Judgment Index of the Court. Regardless, the litigation continues to this date.

· In August 2008, Judge Virginia Phillips first appeared in the case, designated as “Transferee Judge”. However, no valid Assignment Order was found in the docket.

· In March 2010, Magistrate Charles F. Eick made his first appearance in the case. However, no Referral Order was found in the docket.

· On August 12, 2010, Judge Virginia Phillips published a “Judgment” and permanent Injunction against the US Government’s Don’t Ask Don’t Tell policy. However, the Judgment was never entered in the Judgment Index of the Court.

· On October 20, 2010, an Order was filed on behalf of “O'SCANNLAIN, TROTT, and W. FLETCHER, Circuit Judges” of the US Court of Appeals, 9th Circuit, staying the Injunction at the request of the US Government. However, the Order was unsigned, and the US District Court filed it with no attestation (NDA – Notice of Docket Activity) by the Clerk of the US Court of Appeals, 9th Circuit.

The US District Court, Central District of California denies access to the NEFs (Notices of Electronic Filing) which, pursuant to General Order 08-02, are deemed by the Court as its electronic authentication/attestation records. [ ] Therefore there is no way to ascertain whether any of the minutes, orders, judgments in Log Cabin Republicans v United States of America et al were valid and effectual, or just a pretense.

In cases, which were listed in the request for investigation and impeachment proceedings against Judge Virginia Phillips, Judge John Walter, Magistrate Carla Woehrle, and Clerk of the Court Terry Nafisi, all of the same Court, the Judges and Magistrate appeared with no valid Assignment/Referral Orders and issued minutes, orders, and judgments, which were ‘entered’ in the PACER dockets by the Office of the Clerk. However, as was eventually discovered, all such judicial records were issued with invalid attestations by the Clerk.

Attorneys for Log Cabin Republicans and United States of America were asked to release the NEFs in the case, [ ] which the US Court denies access to, in apparent violation of First Amendment rights.

Media, which extensively reported on the case, were likewise asked to press for the release of the NEFs – public records by law.

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert is focusing on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.

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OUTLINE

United States District Court, Central District Of California

Log Cabin Republicans v. United States of America et al (2:04-cv-08425)

“Assigned to: Judge Virginia A. Phillips”

“Referred to: Magistrate Judge Charles F. Eick”

Cause Of Action: 28 USC §2201 - Declaratory Judgement, Injunction

04-10-12 Dkt #001 - Initial complaint [PACER access denied]

04-10-12 Dkt #none - Initial summons [PACER access denied]

04-10-12 Dkt #none - Assignment Order to Judge George P. Schiavelli [not found]

04-10-18 Dkt #004 - Proof of Service of Summons, “Original Summons not returned,” [PACER access denied]

06-03-21 Dkt #024 – Motion to Dismiss Granted

06-03-22 Dismissal entered in the Judgment Index of the Court

06-04-28 Dkt #025 - First Amended Complaint filed by Log Cabin Republicans [PACER access denied]

06-04-28 Dkt #none - Summons on FAC [Not issued]

06-11-27 Dkt #034 – Minutes: “Court recently discovered that the case file was destroyed because it was inadvertently marked ‘Closed’ by courthouse staff.”

08-05-23 Dkt #052 - Minutes: “Order Staying Action in Light of Ninth Circuit’s May 21, 2008 Decision in Witt v. Department of Air Force, et al... further proceedings in this action are STAYED pending the final disposition in Witt.”

08-05-23 Dkt #none – Order Staying Action [None found]

08-07-22 Dkt #057 - Notice of Appeal filed by Log Cabin Republicans [From no identifiable judgment of appealable order]

08-07-29 Dkt #064 - CCA 9th: Order from 9th CCA: “…appellant shall move for voluntary dismissal of the appeal or show case why it should not be dismissed for lack of jurisdiction” [Order not signed by Circuit Judges, filed with no attestation by the Clerk of CCA 9th]

08-10-08 Dkt #065 - Order (#08-078) “approved by Chief Judge Alicemarie H. Stotler”, Case “transferred” to Judge Virginia Phillips – “transferee Judge” [No Assignment Order found]

08-11-06 Dkt #067 - CCA 9th: Appeal dismissed for lack of jurisdiction [Not signed by Circuit Judges, not attested by Clerk of CCA 9th]

08-12-01 Dkt #069 - CCA 9th: Mandate on dismissal [Not signed, filed with no attestation by the Clerk of CCA 9th]

10-03-01 Dkt #111- ORDER by Magistrate Charles F. Eick in re: Discovery

10-07-13 Dkt #216 - Several days of Court Trial initiated

10-10-12 Dkt #252 - Judgment and Permanent Injunction [Fails to appear in the Judgment Index of the Court]

10-10-20 Dkt #274 – CCA 9th: “The court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily…” [Unsigned, filed with no attestation by the Clerk of CCA 9th]

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LINKS

[1] 10-12-06 Log Cabin Republicans v United States of America et al (2:04-cv-08425) at the US District Court, Central District of California - Don't Ask Don’t Tell - litigation records

http://www.scribd.com/doc/44770093/

[ii] 10-12-05 Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE – for conduct, which undermined Banking Regulation and/or Human Rights in the United States

http://www.scribd.com/doc/44671154/

[iii] 10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation, Impeachment Proceedings Where Appropriate

http://www.scribd.com/doc/44669382/

[iv] 10-12-06 Request for Copies of NEFs in Log Cabin Republicans v USA (2:04-cv-08425) at the US District Court, Central District of California

http://www.scribd.com/doc/44774426/

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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?

* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."

Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute

http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert

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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?

* "Innocent people remain in prison"

* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."

LAPD Blue Ribbon Review Panel Report (2006)

http://www.scribd.com/doc/24902306/

* "...judges tried and sentenced a staggering number of people for crimes they did not commit."

Prof David Burcham, Dean, Loyola Law School, LA (2001)

http://www.scribd.com/doc/29043589/

* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."

Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)

http://www.scribd.com/doc/274339

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WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?

* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."

http://www.scribd.com/doc/38566837/