Judges Fed Up with Misconduct and Abuse in Sierra Pacific Wildfire Case

Posted by Tina

There are a number of things to explain Eric Holder’s recent resignation but new allegations aimed at his justice department may have been the straw that broke the camel’s back. A court filing to set aside the original judgement in the Sierra Pacific Moonlight Fire case include allegations that “the United States presented false evidence to the Defendants and the Court; advanced arguments to the Court premised on that false evidence; or, for which material evidence had been withheld, and obtaining court rulings based thereon; prepared key Moonlight Fire investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.”

The government originally made the case that lumber company Sierra Pacific and others were responsible for the 2007 “Moonlight” fire in California that burned 65,000 acres. The defendants were ordered to pay $55 million to the United States and transfer 22,500 acres of land to settle the case. Sierra Pacific claimed they were innocent of the charges and their new evidence backs them up. In fact the new evidence also implicates the Department of Justice in what is being described as a scheme to transfer wealth by litigation:

The entire original prosecution against Sierra Pacific appears to have been driven by the Department of Justice’s interest in hitting a “deep pocket” for millions of dollars of revenue. The Defendants’ motion to set aside the settlement reveals a series of fraudulent acts by federal and state authorities that defiles our system of justice.

Eastern District judges have been ordered to recuse from the case because of serious charges that the court was defrauded in the original prosecution. The case was referred to Ninth Circuit Chief Judge Alex Kozinski to appoint a judge from outside the Eastern District to handle the case.

It sounds like a number of progressive activists in our legal system were involved in yet another case that not only harassed and demeaned a private business but sought to remove lands from their control and transfer a significant chunk of their wealth to government for political purposes. This is a BFD, as Biden would say, considering private property rights are important protections against tyranny!

The Observer article also notes a related case:

A California state judge, Leslie C. Nichols, in a related state case issued orders earlier this year describing what he called “egregious,” “pervasive,” and “reprehensible” abuses in the investigation and prosecution amounting to “government corruption.” He found the state case to “betray the primary purpose of the judicial system—to reveal the truth.” He awarded $32 million in fees and expenses to the Defendants, finding as the Sacramento Bee reports, that the state agency, Cal Fire, “withheld some documents, destroyed other evidence and ‘engaged in a systematic campaign of misdirection with the purpose of recovering money’ from Sierra Pacific.”

Is it any wonder that the people have lost faith in their government? Corruption is deep and pervasive. Most of us don’t recognize our country anymore.

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4 Responses to Judges Fed Up with Misconduct and Abuse in Sierra Pacific Wildfire Case

  1. J. Soden says:

    Remember the Dept of Jerks case against Ted Stevens? Funny thing that false “evidence” was used there as well.
    One of the best things of the last 6 years is the clown AG’s resignation.

  2. Peggy says:

    Looks like our judges have become “Statist.”

    Mark Levin Defines Statism:

    Commenting on those who prey to lord over the rest of us by plundering our liberties with law. As Samuel Adams said, “If ye love wealth better than liberty, the tranquility of servitude than the animating contest of freedom, go from us in peace. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”

    Your vocabulary will be greatly enhanced when you understand the definitions and meaning of statism and statists. Also, your perspective of the relationship of government to our fellow citizens will be very clear, and unsettling.

    Levin knows the importance, too. He pounds on statism to help others get its meaning.”

    Videos included.
    http://libertyspuds.blogspot.com/2009/03/mark-levin-defines-statism-in-new-book.html

    From Wikipedia.

    Statism:

    “In political science, statism is the belief that the state should control either economic or social policy, or both, to some degree.[1][2][3][4] Statism is effectively the opposite of anarchism.[1][2][3][4] Statism can take many forms from minarchism to totalitarianism.

    State, society and individuals[edit]

    Some analyses[who?][16] use a dichotomy between state and market, viewing the state as a homogeneous institution capable of using political power to force policy on the market which is the sum of peaceful human action. Such an analysis depends on an elitist theory of power rather than a pluralist theory of power; that power is exercised by individuals and competing organisations within society.[17]

    Authoritarianism, on the other hand, views a strong, authoritative state as required to legislate or enforce morality and cultural practices.[citation needed] The ideology of statism espoused by fascism holds that sovereignty is not vested in the people but in the nation state, and that all individuals and associations exist only to enhance the power, prestige and well-being of the state. It repudiates individualism and the family and exalts the nation as an organic body headed by the Supreme Leader and nurtured by unity, force, and discipline.[citation needed] Fascism and some forms of corporatism extol the moral position that the corporate group, usually the state, is greater than the sum of its parts and that individuals have a moral obligation to serve the state.”

    continued..
    http://en.wikipedia.org/wiki/Statism

  3. Tina says:

    It’s good to see a number of our judges taking steps to right the wrongs going on in our courts! The fundamental transformation we need is one that returns our nation to its intended condition.

  4. Tina says:

    J Soden I think that we could look at every single accusation made about conservatives by the radical Democrats in power and we would discover that the radical element is guilty of every single one. One of the best things they do is use deflection to keep the cameras and probes away from themselves.

    One example is the way they rail against the rich and wealthy donors to the Republican Party. The radical left is held afloat, funded and promoted by extremely wealthy people and groups and have been forever.

    Another is loop holes. Loop holes are in the code so that the left can take advantage of it. They are against anything that’s been proposed to simplify the code and that is why.

    The radicals on the left play games and lie and they have worked very hard to gain power in all of the institutions in America. They must be exposed because they are destroying everything that is good about America.

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