Dark Money, The Federalist Society and Dangerous Judge Lee P. Rudofsky
Those of you who have read this blog since before March 16, 2022 may have noticed a distinct change in my assessment of Judge Lee P. Rudofsky and even a shift in my political leanings.
I am and have always been a Libertarian and Populist. But, not to “waste” my vote, I often register in one of the two predominant parties. For instance, in 2016, I did not want Hillary Clinton to win the presidency. My reasoning was not about the issues. It was because I had several acquaintances in Arkansas who said they worked for Hillary in different capacities, and she is a raging bitch, completely corrupt.
I thought Donald Trump running for president was a joke. Literally. “Ha ha ha, that’s so funny.” “No, he is really running for president.”
I signed up as a Republican and voted in the primaries for someone not Trump.
Unfortunately, I was torn between two men who I would love to see in the presidency. Neither is a lawyer.
Ben Carson and Rand Paul. I think if they ran on the same ticket, they could have beat Trump.
Back in March 2022, I respected Judge Lee P. Rudofsky. I thought he was on a trajectile to the U.S. Supreme Court. I wrote an out-of-character blog post, praising the young judge. “What Court Should Look Like: The Honorable Lee P. Rudofsky Presiding”
That was before I discovered Rudofsky is a liar and cheat.
It seemed like his blatant corruption from the bench would be the end of his career.
Little did I know…
Today the magic genie inside YouTube brought up a two-year-old speech it thought might interest me. It was right.
The speaker is Senator Sheldon Whitehouse, a Democrat from Rhode Island.
Everything he said sounds true to me. The main take away is that the Federalist Society inner circle, including Judge Rudofsky and appellate counsel on my case against Portfolio Recovery Associates, LLC, Misha Tseytlin, are auditioning for promotions to judgeships all the way up to the Supreme Court.
It does not matter one bit that the actors are oppressing the ordinary person. All that matters is allegiance to the moneyed elite.
This is the first time I’ve heard of Senator Whitehouse. I listen to Federalist Society presentations for fun. How did I come to the exact conclusions as this Democrat? There must be truth and spirit in what he says.
Please accept this as your FREE Doc of the Day.
Another Small Win for Laura Lynn Hammett: Pro Se Litigant Perseveres [Updated, Again]
I am not an attorney, and this is not legal advice.
I recommend you don’t try this at home.
So odd. Judge Janis Sammartino granted attorney fees against me on an anti-SLAPP motion in California. She said that since I voluntarily dismissed the suit, my opponent was the prevailing party. Linda Lopez agreed, and denied my motion for reconsideration of attorney fees.
But I dismissed the suit because it was on behalf of a legal entity, and I am not an attorney. I am not allowed to advocate for anyone but myself. The cause of action was void, a complete nullity.
I filed an appeal. My opponents responded. I replied. Months went by.
Suddenly, Judge Linda Lopez filed an order denying attorney fees. I was perplexed. I thought Judge Lopez was changing her mind, based on arguments I made at appeal, and that she lacked jurisdiction.
Take a moment. Breathe.
Look through the docket. Ah Ha. The explanation is that the attorney defendants asked for a second batch of attorney fees and their motion was fully briefed about 10 months ago. I was sick as a dog then. I could barely lift my head off the pillow. I received Judge Linda Lopez’s order dismissing my case and never noticed that she failed to address the attorney fees motions pending at the same time.
The order denying attorney fees is downloadable below. It is your FREE Doc of the Day.
I can’t get too excited. Judge Lopez still refused to recognize that the entire pleading was void ab initio. She made her order without prejudice and gave my opponents, attorneys represented by attorneys, another bite at the apple.
Can a court make an order on attorney fees after an appeal is filed?
I think not.
“An appropriate appeal divests a trial court of jurisdiction ‘with regard to all matters embraced within or affected by the judgment which is the subject of the appeal.’ Lowder v. Mills, Inc., 301 N.C. 561 (1981)”, says University of North Carolina Law School Professor Cheryl Howell. This is not in the right jurisdiction, but I am guessing the same rule applies across all jurisdictions.
“After a party gives notice of appeal, the trial judge is functus officio and any judgment entered thereafter is void. In addition to Ponder, see Romulus v. Romulus, 216 N.C. App. 28 (2011)(no jurisdiction to determine amount owing on a distributive award in an ED case); France v. France, 209 NC App 406 (2011)(no jurisdiction after appeal of denial of request to close court)”. Read the exceptions here.
Judge Linda may be bummed out when she has an order overturned on appeal that was fought by a pro se, non-attorney litigant. And she will probably feel a little flushed when she is in confirmation hearings for her next promotion and some Republican Senator pulls out a copy of this Doc of the Day.
FREE Downloadable Documents from FDCPA Case
My appellate brief challenging Judge Lee P. Rudofsky for granting summary judgment to defendant Portfolio Recovery Associates is due in about 49 days.
I need to file a motion to change privacy designations soon, so don’t have time to chat with you, my dear readers.
In lieu I am offering to you two documents pulled from PACER yesterday.
One is my reply to my motion for partial summary judgment. The gist is that when a debt collector agrees to zero out an account without an order from a court and does not issue a 1099-C cancellation of debt, the debt collector is admitting that the person named on the account is not liable for the alleged debt.
Portfolio Recovery Associates claimed that it just decided to zero out the debt “in light of the litigation”, and they admitted that my claim that I owed no debt was made in “good faith”, but Judge Rudofsky interpreted that to mean PRA “waived” the debt.
The second document talks about why the business records that showed my account details should not be kept confidential. Judge Rudofsky allowed for me to make the comment about the waiver and 1099-C issue, but made it clear that if I step over the line he will hit me with paying the debt buyer’s attorney fees.
If you have business documents generated by PRA that are not ordered confidential by a court, please share them with other readers by emailing a copy to bohemian_books@yahoo.com. Together we can show that, as the CFPB complained, PRA lying on affidavits in court and making collection efforts on an invalid debt is commonplace and therefore awards and settlements on state cases and FDCPA cases against Portfolio Recovery should be much higher than the usual $1,000 or $5,000 they get away with.
Senate Bill To Make Federal Court Documents Fee Free: Three Cheers for Senator Rob Portman et al.
Hooray! Some smart senators already proposed a bill that would make access to court documents through PACER free to all but patrons who download documents valued at $25,000 per year. Presently, the door to free access is closed once anyone downloads $30 worth per quarter, which is about 300 pages.
If you have any suggestions on how citizens can encourage passage of this bill, please comment or send a private message to bohemian_books@yahoo.com.
For now, here are a couple FREE Docs of the Day:
I’m not usually a fan of some of these senators, such as Ms. Feinstein, but my hat is off to them today.
Sponsor: Sen. Portman, Rob [R-OH] (Introduced 08/04/2021)
Co-Sponsor(s):
Sen. Wyden, Ron [D-OR]
Sen. Durbin, Richard J. [D-IL]
Sen. Hawley, Josh [R-MO]
Sen. Grassley, Chuck [R-IA]
Sen. Leahy, Patrick J. [D-VT]
Sen. Feinstein, Dianne [D-CA]
Sen. Whitehouse, Sheldon [D-RI]
Sen. Kennedy, John [R-LA]
Sen. Coons, Christopher A. [D-DE]
Sen. Blumenthal, Richard [D-CT]
Sen. Hirono, Mazie K. [D-HI]
Sen. Booker, Cory A. [D-NJ]
Sen. Padilla, Alex [D-CA]
Sen. Ossoff, Jon [D-GA]
Can I do anything about a corrupt court? And should I try?
This is the question a friend and colleague asked me yesterday. We had one of those phone conversations where we had to take a break to deal with a store clerk or make the grandkids lunch. But the question is one that deserves attention.
My friend thinks, if I am understanding her correctly, that there are Bible verses that instruct us to let it go, don’t file a lawsuit, don’t rebuke a wrongdoer, because the effect will not be correcting their behavior. It will cause dis-ease for you. She points to Proverbs 9, verse 7 to 12, KJV.
7 He that reproveth a scorner getteth to himself shame: and he that rebuketh a wicked man getteth himself a blot.
8 Reprove not a scorner, lest he hate thee: rebuke a wise man, and he will love thee.
9 Give instruction to a wise man, and he will be yet wiser: teach a just man, and he will increase in learning.
10 The fear of the Lord is the beginning of wisdom: and the knowledge of the holy is understanding.
11 For by me thy days shall be multiplied, and the years of thy life shall be increased.
12 If thou be wise, thou shalt be wise for thyself: but if thou scornest, thou alone shalt bear it.
My interpretation is different than hers. I think you need to read all of chapter 8 and 9 together.
8 Doth not wisdom cry? and understanding put forth her voice?
2 She standeth in the top of high places, by the way in the places of the paths.
3 She crieth at the gates, at the entry of the city, at the coming in at the doors.
4 Unto you, O men, I call; and my voice is to the sons of man.
5 O ye simple, understand wisdom: and, ye fools, be ye of an understanding heart.
6 Hear; for I will speak of excellent things; and the opening of my lips shall be right things.
7 For my mouth shall speak truth; and wickedness is an abomination to my lips.
8 All the words of my mouth are in righteousness; there is nothing froward or perverse in them.
9 They are all plain to him that understandeth, and right to them that find knowledge.
10 Receive my instruction, and not silver; and knowledge rather than choice gold.
11 For wisdom is better than rubies; and all the things that may be desired are not to be compared to it.
12 I wisdom dwell with prudence, and find out knowledge of witty inventions.
13 The fear of the Lord is to hate evil: pride, and arrogancy, and the evil way, and the froward mouth, do I hate.
14 Counsel is mine, and sound wisdom: I am understanding; I have strength.
15 By me kings reign, and princes decree justice.
16 By me princes rule, and nobles, even all the judges of the earth.
17 I love them that love me; and those that seek me early shall find me.
18 Riches and honour are with me; yea, durable riches and righteousness.
19 My fruit is better than gold, yea, than fine gold; and my revenue than choice silver.
20 I lead in the way of righteousness, in the midst of the paths of judgment:
21 That I may cause those that love me to inherit substance; and I will fill their treasures.
22 The Lord possessed me in the beginning of his way, before his works of old.
23 I was set up from everlasting, from the beginning, or ever the earth was.
24 When there were no depths, I was brought forth; when there were no fountains abounding with water.
25 Before the mountains were settled, before the hills was I brought forth:
26 While as yet he had not made the earth, nor the fields, nor the highest part of the dust of the world.
27 When he prepared the heavens, I was there: when he set a compass upon the face of the depth:
28 When he established the clouds above: when he strengthened the fountains of the deep:
29 When he gave to the sea his decree, that the waters should not pass his commandment: when he appointed the foundations of the earth:
30 Then I was by him, as one brought up with him: and I was daily his delight, rejoicing always before him;
31 Rejoicing in the habitable part of his earth; and my delights were with the sons of men.
32 Now therefore hearken unto me, O ye children: for blessed are they that keep my ways.
33 Hear instruction, and be wise, and refuse it not.
34 Blessed is the man that heareth me, watching daily at my gates, waiting at the posts of my doors.
35 For whoso findeth me findeth life, and shall obtain favour of the Lord.
36 But he that sinneth against me wrongeth his own soul: all they that hate me love death.
(To me, this is Jesus speaking through the prophesy of Solomon. I didn’t study at a theological seminary any more than I went to law school. But I read and came to my understanding before reading the commentary on Wikipedia and the Wiki editors make a connection, as well. Not as strong and direct as mine. Many scholars give Wisdom an incarnation as a woman. I hear Jesus saying, “blessed are they that keep my ways.”)
9 Wisdom hath builded her house, she hath hewn out her seven pillars:
2 She hath killed her beasts; she hath mingled her wine; she hath also furnished her table.
3 She hath sent forth her maidens: she crieth upon the highest places of the city,
4 Whoso is simple, let him turn in hither: as for him that wanteth understanding, she saith to him,
5 Come, eat of my bread, and drink of the wine which I have mingled.
6 Forsake the foolish, and live; and go in the way of understanding.
7 He that reproveth a scorner getteth to himself shame: and he that rebuketh a wicked man getteth himself a blot.
8 Reprove not a scorner, lest he hate thee: rebuke a wise man, and he will love thee.
9 Give instruction to a wise man, and he will be yet wiser: teach a just man, and he will increase in learning.
10 The fear of the Lord is the beginning of wisdom: and the knowledge of the holy is understanding.
11 For by me thy days shall be multiplied, and the years of thy life shall be increased.
12 If thou be wise, thou shalt be wise for thyself: but if thou scornest, thou alone shalt bear it.
13 A foolish woman is clamorous: she is simple, and knoweth nothing.
14 For she sitteth at the door of her house, on a seat in the high places of the city,
15 To call passengers who go right on their ways:
16 Whoso is simple, let him turn in hither: and as for him that wanteth understanding, she saith to him,
17 Stolen waters are sweet, and bread eaten in secret is pleasant.
18 But he knoweth not that the dead are there; and that her guests are in the depths of hell.
This shows the metaphor and analogy between Wisdom and Foolishness as two women. They are not literal women.
Foolishness clamors. Wisdom instructs.
Back to the questions. Can I do anything about a corrupt court? And should I try?
Don’t think you will change the conduct or even the motivations of a wicked person. If someone chooses evil, they will not say “oh, thank you for pointing out my error; I repent of my sins and will make you whole.”
In fact, the evil one will come at you with everything he’s got. Lies, deceit, gaslighting.
He will steal your time. He will steal your serenity if you don’t love yourself the way God loves you.
You may never “win” silver, gold and rubies.
There is something intangible that you will gain. (Proverbs 8:10-11 and 18-19) You will have the opportunity to love your friends.
“Greater love hath no man than this, that a man lay down his life for his friends.” John 15:13, KJV.
When you fight injustice, because you have standing and may be compensated financially or with more time with your children, your enemies will not be kind. They will clamor. They will steal the sweet water of wisdom. They are in the depths of hell, and want you to join them.
I say, lay down your life. Do the uncomfortable. It is only in losing your life that you gain life everlasting.
What is Court Corruption?
Court Corruption. It might look like a lawyer walking into the judge’s chambers with a briefcase full of cash and leaving without one.
It is usually more subtle than that.
Let’s look to my new favorite book: “The Student’s Reference Dictionary”, an abridged version of Noah Webster’s “American Dictionary of English Language”, 1847.
Corruption: 1. The act of corrupting, or state of being corrupt or putrid; the destruction of the natural form of bodies, by the separation of the component parts, or by disorganization, in the process of putrefaction. Thou wilt not suffer thy Holy One to see corruption. – Ps. xvi.
7. Bribery. He obtained his suit by corruption.
8. In law, taint; impurity of blood, in consequence of an act of attainder of treason or felony, by which a person is disabled to inherit lands from an ancestor, nor can retain those in his possession, nor transmit them by descent to his heirs.
Hey, that opens up the definition of corruption to a whole lot of common-place scenarios.
On a personal level, Judge Susan Weaver of Searcy County Arkansas allowed Mike Pietrczak and William White to commit fraud, the consequence which was taking possession of land from me and my descendants.
On the grander scale, when people oppress other people through battery and even murder, then take the oppressed people’s right to possession of land, that is corruption in the legal system. Even before there was a law on the books that made slavery or genocide “illegal”.
A corrupt court is a court that allows for manifest injustice.
Debt Buyer Lawsuit Mills Who Hound People that Don’t Owe the Debt
There are good attorneys out there. Steve Lehto is one of my faves. Enjoy his take on litigious, vexatious debt collectors.
Fanciful Friday: Net Worth and Punitive Damages
As per Yahoo Finance, the parent company of the defendant in my FDCPA, Outrage and Intrusion on Seclusion case has a net worth (assets minus liabilities) of $1,240,000,000. (That is $1.24 Billion.)
It takes money to make money, usually, so PRA Group, Inc. borrowed about $2.6 billion. That is more than double its net worth.
First, is that even legal? As an individual, I was investing in blue chip stocks, not schlock, and the maximum I could borrow, using the stocks as collateral, was less than the amount I had in stocks and did not take my other assets, like real estate, into consideration.
So, if I formed a corporation, a legal entity that can evaporate as easily as it is created, I would be able to borrow twice as much?
I am also curious how assets of a debt buyer are determined. Do they count the schmata loans they purchase at face value, even though they only pay pennies on the dollar? Or do they use the expected value?
These are important questions if you file a suit against Portfolio Recovery Associates for intentionally inflicting emotional distress on you or intruding on your seclusion. Net worth of the company is taken into consideration for determining punitive damages, in a fair and just world.
The same company that wants to cry poverty in court benefits in pushing up stock value by claiming to have sound finances to current and prospective shareholders.
I’m musing on PRA’s financial health as I prepare for appeal and hopefully trial, and watching as the price of PRAA stock tries to push down through the $17.74 ten-year floor.
[UPDATE 10/19/2023. While I was paying attention to my appeal this week, PRAA broke through the floor.]
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Please comment or send a private, anonymous, confidential or background only message to bohemian_books@yahoo.com.
Help Build a Public Library of Court Documents Free of Charge to Yourself
Qu’ils mangent de la brioche.
Our courts are supposed to be transparent and accessible to the public. Most are not.
For instance, the Federal District Courts use an electronic filing system called PACER. Public Access to Court Electronic Records is not paid for in full by tax dollars and filing fees. Citizens are charged 10 cents per page to view and download documents.
There is a cap of $3.00 per document for most filings. (Transcripts have no cap.) And each person is forgiven their charges if they do not exceed $30 per quarter.
If you are a litigant in a case and use electronic filing, which requires a PACER account, you receive one free access to each document in your case that does not count toward your quarterly charges.
Some courts, including the Federal Court for the Eastern District of Arkansas, won’t let non-attorneys who represent themselves file electronically. This seems to be a violation of the right to equal protection. A pro se litigant is required to print four copies of each document she files and drive it to the courthouse or mail it and hope it arrives and is acceptable to the clerk.
Let’s say you file 100 documents, each 25 pages. That is 10,000 pages at 10 cents each to copy, which equals an expense your represented opponent does not have equal to $1,000 for copies. Delivery to the clerk, whether by mail or in person, is approximately $30, so another $3,000.
If the judge lets your opponent designate material as “Confidential”, then you need to file another set of redacted copies.
If you want a file stamped copy for your records, in case something gets changed down the way, which has happened to me, you must include the download in your quarterly charges.
For someone like me who lives on a $639 per month pension, the costs of filing can use up her entire annual income.
The electronic filing manual and Local Rules contradict each other. The former forbids any access to electronic filing by non-attorneys. The later makes it permissible but only by filing a motion and having that motion approved. I filed such a motion and Judge Lee P. Rudofsky denied it. (See the Doc of the Day, at the bottom of this post.)
Judges like Lee P. Rudofsky and Billy Roy Wilson are deceptive or flat out lie about what a pro se litigant wrote in their filings when supporting the Corrupt Judicial Officer’s opinion. The ordinary person can’t afford to pull up all the documents that were the basis for the opinion, at 10 cents per page. So, few will see what was actually written or said in depositions and hearings.
The law libraries in Arkansas do not provide free PACER access to patrons. The libraries are not given free access and cannot absorb the cost.
In the Eastern District of Arkansas, you can pull up the documents for free at the kiosk in the clerk’s office. This means you must do your research during business hours. They do not allow you to load the documents onto a thumb drive or other electronic storage. It costs 10 cents per page to get paper printouts of the documents you might want to quote.
If you happen to have documents with a PACER file stamp, please send them by email to bohemian_books@yahoo.com. They will be featured as “Doc of the Day” for FREE download by the rest of us.
Think about signing up for PACER, which is free, and let me know if you want some ideas on how to spend your $30 worth of free downloads. Your service to our country will be appreciated.
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Pop Quiz: Who said, “let them eat cake”?
A. Judge Lee P. Rudofsky
B. Marie Antoinette
C. Both of the above.
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Docs of the Day:
A Higher Law 