Saturday, May 20, 2017

Secret Federal Court Dockets On Clandestine Decisions

Hello all:

Here at USP-Marion, there is a certain type of lunatic "sovereign citizen" who claims that there is a "secret docket" in which all of the decisions that show that we really are being held because our straw men are being sold on the stock market are kept.  Those decisions, of course, are never published -- part of the conspiracy -- and thus one has to know the secret formula or the magic words to access them.

While the "sovereign's" logic is entirely wrong, I am increasingly finding that these conspiracy theories about secret dockets and unpublished opinions are correct.

First, there is the mandamus action that I filed in the Third Circuit to unseal the docket and case number of Joshua Caleb Sutter, one of the federal informers apparently involved in framing me. There is good case law in the Fourth Circuit stating that the United States does use secret dockets to conceal the cases of informers that it later assigns to certain deep cover intelligence activities, a practice that the Fourth Circuit found unconstitutional in 2013.  In Sutter's case, I am able to bring the motion only because the clerk who sealed the criminal case failed to seal the related magisterial proceeding, allowing me to prove that I am not insane, and that a secret sealed docket case exists.

However, the thing that is bothering me today is the way that LEXIS-NEXIS chooses to report orders that are absolutely not secret. It does seem intended to limit the ability of a prisoner litigant to figure out exactly how to bring an action in federal court.

For instance, over the past few years I have won several cases against the dictatorship and won many, many more orders of various sorts. I won the case of Daniels v Owens in the Northern District of Illinois, a 2241 case about the constitutionality of the Bureau of Prison's halfway house escape policy. Mr. Daniels was released from custody about a year earlier than the BOP wanted as a result.  I also won United States v Davis, in which the United States dropped several charges against Nicholas Davis on the grounds that his indictment was obtained by the use of testimony that had previously been adjudicated to be perjured in an Illinois state proceeding.  Davis was also released from custody as a result
(Technically Davis filed my pleading pro se, and his appointed counsel, who was refusing to investigate the issue, adopted the pleading that I wrote.)  

In the past few months, I defeated a government motion to dismiss my own 2241 in the Northern District of Illinois (case was transferred to the Southern District), and won the release of a protective order in the Western District of Virginia as well as a sealing order in the Eastern District of Virginia.  None of these opinions or orders have been reported.

Now, in fairness, four of those orders, or opinions, were obtained after the dictatorship conceded my (or my side's) entitlement to relief, and thus the order merely reflects that the regime's motion to grant me my relief was granted, sometimes in one sentence, sometimes in depth.  

However, on the other side, just about everything that I have been denied in the past year has been immediately reported on LEXIS-NEXIS.  Judge Conrad's erroneous denial of my first new trial motion in the Western District of Virginia, which he recently decided that he did not have the power to reconsider, though my second new trial motion really mooted the issue, was reported.  Judge Gilbert's erroneous decision in the Southern District of Illinois screening out my FTCA case was reported, though it is still pending reconsideration.  And now the two opinions denying my motion to sanction the U.S. Attorney in the Eastern District of Virginia for making deliberate misrepresentations to the court about the fact that their informant committed the acts that they attributed to me in the drawn out contempt proceedings in that court (which I eventually won on other grounds) have been reported.  The order issued the same day unsealing the sealed documents in that case, however, was not.

This kind of reporting double-standard really does feed the kind of paranoia that drives inmates to file frivolous things with the court.  Before I even knew that there was an update today, one of the con-men "sovereigns" (as opposed to the ones that really believe it) was interrogating me about why the various erroneous orders of last year haven't been reversed yet.  LOL.  He also thought that he would be released on tax day this year, and thinks that any proceedings can be wrapped up in six months.  

But the habit of only reporting orders that are unfavorable to an inmate on LEXIS-NEXIS is a real nuisance.  Originally, I thought that only orders terminating a proceeding were reported, but as I go, I see that erroneous interlocutory orders are reported, too -- when they are against the party adverse to the dictatorship.

I don't know what can be done about this.  LEXIS-NEXIS is free to report anything that they want.  But the exclusion from LEXIS-NEXIS of many orders favorable to prisoners really does make it seem that prisoners never win anything, and that no relief is possible through the legal system. 

While this is a legal fiction that I personally believe the dictator's servants encourage, as part of a general effort to interfere with prisoner appeals and lawsuits, it also feeds "alternative law" sovereign nonsense.  It seems to me that the courts have little to complain about when they get deluged with frivolous paperwork that they've encouraged.

-Bill White


Anonymous Anonymous said...

I think they just do whatever the hell they want and make it up as they go along!

12:41 PM  
Anonymous Anonymous said...

Does anyone know where I can find Bill's old radio show, ANSWP Presents? Surely someone downloaded those at the time and we should archive them. There were some great discussions there, particularly of NS economic theory and esotericism.

7:26 PM  

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