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Wednesday, February 11, 2015
Perils & Pitfalls of the 10th Circuit Court Providing a Panel of Sound Justices Just Exploded
Part II - Read Part I.
Perils & Pitfalls of the 10th Circuit Court Providing a Panel of Sound Justices Just Exploded
Last nights entertainment in a Red Box Movie, may have just come to close to home when explaining my circumstances at the Tenth Circuit Court of Appeals for my Petition for Rehearing En Banc. I wonder if anyone can guess what movie I rented? As so often is the case, a moment of 'hope' seems dashed out by the revelation of the day. The movie directed by David Ayer stared Brad Pitt, Shia LaBeouf, Logan Lerman, Michael Pena, John Bernthal, Scott Eastwood, and Eugenia Kuzmina and was called of course FURY.
If you haven't seen the movie IMDb represents "April, 1945. As the Allies make their final push in the European Theatre, a battle-hardened Army sergeant named Wardaddy commands a Sherman tank and his five-man crew on a deadly mission behind enemy lines. Outnumbered, out-gunned, and with a rookie soldier thrust into their platoon, Wardaddy and his men face overwhelming odds in their heroic attempts to strike at the heart of Nazi Germany." These five men basically find themselves in a broken tank facing an entire regiment and are expected to hold a crossing or intersection. They all decide to do it, but its just a suicide mission none expect to get out alive. I'll leave it there and want you to know if you haven't seen it I haven't spoiled it for you.
How could that possible apply to the 10th Circuit Court's Full Body of Justices taking a Poll that simultaneously takes into account two of the three Justices I felt should have recused themselves due to an impartiality of prejudice seen in their very jobs being predicated upon either the Defendant/Appellee in the Case Barack Obama/aka Barry Soetoro and President Bill Clinton nominating them, as well as the other issues of the case.
Now, we can certainly lay claim of an impartiality between receiving a nomination for the U.S. Senate to consider you to the Circuit Court as Barack Obama did for Justice Gregory B. Phillips as favor of employment and promotion. I mean without that nomination he doesn't get the job. But, what of Justice Carlos F. Lucero being nominated by President Clinton? Well, you know if I hadn't run against Hillary in 2012 actually within the Democratic Party myself and she wasn't winding up a Campaign for 2016 for President against me I'd say it might not matter but the vested interest is nearly impossible to ignore. She didn't object to Obama's not being qualified or his ineligibility. In fact missing the biggest fraud perped upon the American People ever. What does that say about her, and how might that reflect upon her Candidacy? The fact her husband is the one who nominated Justice Lucero has an implication of the Justice protecting her through her husband's allegiance.
Well, dismissing the panel of three's decision makes sense when two of the Justices have such a close correlation to the Defendant's and the Plaintiff's (my) Action from the Presidential Campaign's of 2008 and 2012. Make's perfect sense to have a panel of 12 Justices poll on a decision on wither to recuse the two's Justice's decisions and here the case again right? Well sure, bearing in mind this kind of close proximity to the action we ought to be able to poll the full court for a decision fairly without a problem?
THAT'S WHAT I THOUGHT UNTIL I LOOKED AT THE FULL 12 COURT PANEL
Chief Justice Mary Beck Briscoe - Nominated by Pres. Clinton / Pres. 2016 Candidates' Hillary Clinton
Judge Carlos F. Lucero - Nominated by Pres. Clinton / Pres. 2016 Candidates' Hillary Clinton
Judge Gregory B. Phillip - Nominated by Defendant. Obama
Judge Nancy L. Moritz - Nominated by Defendant. Obama
Judge Carolyn B. McHugh - Nominated by Defendant. Obama
Judge Scott M. Matheson Jr. - Nominated by Defendant. Obama
Who of the Court's regular Twelve Justices are left? Well, the only regular Justices that are left have all been nominated by George Bush Sr. or George W. Bush, and their son and brother former Florida Gov. Jeb Bush is ramping up a Presidential Election in 2016 who will be competing directly against me. That's the same argument I have against Hillary as far as potential damages to the Candidate. Gov. Jeb Bush hasn't given a flying pigs wings concern about Barack Obama not being qualified and being ineligible. How does it fair to him if in debating me I point out he missed the biggest national security nightmare in this generation and can't be expected to protect the People in the Office of the President? The family relationship between Bill and Hillary Clinton is no less implicating as is the Grandfather and Brother status of George Bush and the no child left behind criteria.
Judge Paul J. Kelly Jr. - Nominated by President George Bush Senior son of 2016 Candidate Jeb Bush
Judge Timothy M. Tymkovich - Nominated by President George W. Bush brother of 2016 Candidate Jeb Bush
Judge Harris L. Hartz - Nominated by President George W. Bush brother of 2016 Candidate Jeb Bush
Judge Neil M. Gorsuch - Nominated by President George W. Bush brother of 2016 Candidate Jeb Bush
Judge Jerome A. Holms - Nominated by President George W. Bush brother of 2016 Candidate Jeb Bush
That's eleven Justices named and presumably the Court would defer the twelve position to one of their Senior Judges, but with all the Judges eliminated the Court would then have to defer to all of their Senior Judges to make up a panel of Judges. Well, two of the eight Senior Judges for the Tenth Circuit Court have the same prejudice of the other Judges named.
Senior Judge Terrence L. O'Brian -Nominated by President George W. Bush brother of 2016 Candidate Jeb Bush
Senior Judge Michael R. Murphy -Nominated by Pres. Clinton / Pres. 2016 Candidates' Hillary Clinton
The six remaining Judges' could make up a panel but it would not be a panel of 12 it would be a panel of 6.
Senior Judge David M. Ebel - Nominated by President Ronald Reagan
Senior Judge Bobby R. Baldock - Nominated by President Ronald Reagan
Senior Judge Stephen H. Anderson - Nominated by President Ronald Reagan
Senior Judge John C. Porfilio - Nominated by President Ronald Reagan
Senior Judge Stephanie K. Seymour - Nominated by President Jimmy Carter
Senior Judge Monroe G. McKay - Nominated by President Jimmy Carter
Now usually you don't get to know whose voting in the whole or Full Court Poll, but as a Candidate for President I've already implicated enough against Hillary Clinton and Jeb Bush to make their Grandparents turn over in the grave against me and I sure as heck couldn't stop a Clinton or Bush from protecting part of their clan because they have supported the Defendant helping to keep his cover-up covered up.
Now wither they did it because they liked him, or didn't want to be called a 'racist' because they didn't object to Sen. McCain in Federal Court as I did, I don't know. What I do know is when it comes to this issue Republicans and Democrat's signed on together in U.S. Sen. Res. 511 where you had three presidential candidates all involved: Sen. McCain, Sen. Hillary Clinton, and Sen. Barack Obama (Defendant).
Now we could all say this is going to be split down the middle and it will end up being called according to Party. While that may be the case, I haven't objected to political party so much as I have the direct nomination of a person and their family relationship because of that nomination as a candidate against me. We aren't told in a POLL who voted which way, we are only given a "Denied" or "Affirmed" Decision. I do think its my business to know who the Judges are that are polled because just as the first panel pulled off this cork screw and if I had not objected it would be water under the bridge right now, the same thing could happen.
Now if the Justices amongst themselves do not feel being nominated by a Defendant is "tantamount" to an objective recusal, and remember I did have one Senior Judge recuse himself in the U.S. District Court in this case, they probably wouldn't understand why Brian Williams fabricated story didn't set so well with the American Public either and they would think that quite silly for NBC to suspend him without pay for six months.
I want to know what the Court intends to do about this and I want to know in an open and transparent way. We need everyone's help possible. Please share, inform, and educate. This is very important, because I think I've demonstrated to you at least one thing. If you don't stand up for your rights, there are plenty of people seated in high positions that will mow you right over. That's probably the single most important thing about the U.S. Constitution is it does take a stand for individual rights and that's what this is all about. My individual rights for a fair presidential race are just as important in the Constitution as your individual rights of free speech. They are both outlined, but can just as easily be run over and your witnessing just how easily that happens.
The movie clip of APPOLLO 13 HERE reflects my feelings, "Houston, we have a problem".
Sincerely,
Cody Robert Judy
We need your help. Will you help us or are the outrageous lies your being told by your elected leaders okay for you and your children? If you won't defend your children and their future who will you defend?
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