Saturday, March 19, 2011

Federal Investigator Finds Florida Loyalty Oaths Incriminating in Graft Case.

If you haven't read Loyalty Oaths in Florida 20100803, read it now.  Then you'll understand many issues that surround oath fraud in Florida, two of which my pressures caused government to correct.  Three remain uncorrected: 

  1. Judicial Appointees Imposters.  Judicial appointment nominees don't swear the candidate's oath (F.S. 105.031) or candidate's loyalty oath (F.S. 876.05-10).  Therefore so they don't qualify for office and they function as imposters.  I alerted the Governor, Vicki Brand of the Florida Bar, the State Department counsel, and the Supreme Court Chief Justice about this.  As far as I know, they have not repaired their nomination procedure this in the 4 years since.
  2. Supremes Operate Outside the Law.  SC06-1387 – The Florida Bar v. Montgomery Blair Sibley  In this corrupt Supreme Court ruling, the Quince crew opined that by swearing the public officer oath in the Florida Constittuion Article V Section 2(b), judges had complied with statute.  Sibley had pointed out that none of them qualified by reason of not swearing the public employee oath and having their oaths notarized.  First of all, the ruling scope does not embrace QUALIFICATIONS for nomination or candidacy for appointment or election to judicial office mentioned above.  Second it reveals intellectual dishonesty and an intention to put judges and justices outside the realm of law.  In other words, the Supremes believe laws the Legislature enacts and the Governor signs don't bind them, not even BEFORE they become judges.  Here they push their concept of separation and balance of powers too far.  Someone with balls needs to take this issue to the US Supreme Court.  The Florida Supremes deserve a spanking for this act of corruption.
  3. Treason through Bar Integration. Some might say the Supreme Court deserves a hanging for establishing a judicial oligarchy in violation of Article II Section 3 of the Florida Constitution.  In 1949 the Supreme Court integrated the bar into the court, making its members part of the Judicial branch.  Article II Section 3 mandates that no member of one branch of government (such as bar members who belong to the judiciary) shall, with stipulated exceptions, perform duties in any other branch (such as attorneys becoming elected to the Legislature or working on staff in the Executive and Legislative branches while remaining subject to the discipline of the Supreme Court and its official arm, the bar.  Thus the Supreme Court's minions infest every branch of government, like cockroaches in an Okeefenokee kitchen.  For nearly 62 years the Florida should have enacted an revision to the Florida Constitution that excises the bar and its members from government and hands licensing and regulation of attorneys over to the Executive Branch.  In 1949 the Supreme Court committed an act of treason against Floridians and their Constitution; every Supreme Court perpetuates it.  The people and the Legislature must extinguish that treason now.

On March 11, 2011 Marc Caputo wrote a Miami Herald article, excerpted below, explaining how the FBI will use Florida loyalty oaths to prove HONEST SERVICES FRAUD (see 18 USC 1346 - wire or mail fraud depriving others of the intangible benefits of honest services).  They ought to use this to nail Florida's Rocket Docket foreclosure judges and foreclosure mill attorneys.

***** Corruption watch: FBI gets former Sen. Mandy Dawson's signed oaths *****

TALLAHASSEE As part of its investigation into former Sen. Mandy Dawson, an FBI agent this week collected the Fort Lauderdale Democrats' oaths of office signed in 2002 and 2004.

The investigation stems from the criminal fraud investigation into convicted GOP fundraiser Alan Mendelsohn, a Hollywood ophthalmologist who testified in federal court Dec. 9 that he funneled $82,000 to the senator through one of her aides.

On Wednesday, Miami FBI agent Keith Yarka requested the oaths of office Dawson made during the period of time that Mendelsohn alleged he paid her off. In the oath, a senator promises to uphold the state and federal constitutions and to "well and faithfully perform the duties of State Senator."
The oath can be used in a criminal case for a simple reason: It's court proof that Dawson was a state senator and therefore deprived citizens of honest services if she took or solicited a bribe, said Marcos Jimenez, South Florida's former U.S. Attorney.

"Generally when you get that request from the FBI it's not a good sign," Jimenez said. "The FBI is trying to prove you're a public official and they could be gathering evidence to see whether or not you abused your position as a public servant."

Mendelsohn surprised the judge with his portrayal of a pay-to-play world of greedy lawmakers and lobbyists who take care of each other for financial and political gain. He said it's common practice for legislators to ask special interests to hire friends or family. Failure to take up a lawmakers' cause produced a predictable effect.

****** end excerpt *****
Read the lurid details here.         

Bob Hurt        My Blog
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
Donate to my Law Scholarship fund
Subscribe to Lawmen E-Letter
Learn to Litigate with Jurisdictionary

No comments: