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By James Kor

Ominous parallels exist between today’s United States and Hitler and his Nazis’ rise to power in the early 1930s. The following example damns our corrupt judges and dysfunctional Congress. But, first, think about the direction our nation is going. Then ponder the excerpt below and use your brain to determine if it might foretell a very dark history repeating itself.

Everything that is detrimental to the existing order has our support… The collapse of the liberal system will clear the way for the New Order… All that serves to precipitate the catastrophe of the ruling system—every strike, every governmental crisis, every disturbance of the State power, every weakening of the system is good, very good for us and our German revolution.  Gregor Strasser, National Socialist (Nazi)

Among the first things the Nazis did in 1933-34 was to make new criminal laws, more extreme sentences, reducing what defense counsel could do for defendants, and abolishing the right of appeals. American justice has fallen, likewise, giving life sentences to those who fail to appear in court and restricting defense counsel’s effectiveness. The camouflaged Strom Thurmond promoted evisceration of The Great Writ of Habeas Corpus via the Antiterrorism Effective Death Penalty Act of 1996 (AEDPA).

Like every tyrannical government in history, our government finds ways to routinely violate its own Constitution to avoid accountability. Hitler’s Nazis did so while turning laws that protected others into mere words on paper. In the U.S. today, an indication of such wrong being intentional and systematic becomes self-evident when one looks for what is so conspicuously absent from the picture: where and when have the culpable personnel in our justice system been held accountable? Who among them has faced justice for causing the unprecedented rate of wrongful convictions coinciding with their racism-motivated mass incarceration? Moreover, how do prosecutors and judges remain empowered to inflict more injustice after violating millions of people’s rights? At least 14 percent of convictions, over 100,000 people in the U.S. are innocent. See “The Complicity of Judges in The Generation of Wrongful Convictions” (FN 138) in the Northern Kentucky Law Review. 

The original intent of our Constitution’s framers was to provide judges with the primary duties of supporting and defending the Constitution so that it protects the rights of individuals. However, wrongful convictions do not happen without the active participation of a judge.

All intentional rights violations not only offend the Constitution but are federal crimes and are the antithesis of a judge’s solemn duty, particularly when whitewashed or excused under any pretense.

Entrusted by the public to protect citizens’ rights, judges commit fraud by betraying that trust. Chosen by governors or presidents, judges are publicly vouched for as being trustworthy and should be expected to be faithful to their oaths and duties. What does justice require when judges violate their oaths with impunity, are guilty of state/federal crimes by violating a citizen’s rights, and prove themselves complicit in conspiracy? Or how about when during a RICO (Racketeer Influenced and Corrupt Organizations Act) trial court justices resort to all manner of deception and their judge-created “procedural rules” (as denounced by the great Montesquieu) to deny relief to their citizen victims?

Borrowing a phrase from the Iliad, the judges and justices I write of are all “armored in shamelessness.” Being the products of bad upbringings, so too are their mothers and fathers implicated, blameworthy and damned. And this ugly paint? It goes all the way to the top: to the executive branch that installs such trash on the bench and to the “clearly established Supreme Court law” they inflict. Dred Scott, Korematsu, Dobbs v. Jackson, Citizens United, Bush V. Gore, Buck v. Bell (forced sterilization/eugenics). They wallow in the stench of uncivilized, unfair, racist injustice like pigs wallowing in their own excrement.

Are you stupid? Cowardly? Inadequately informed? Not brave enough to adjust your opinions when truth’s bright light demands it? Look at reality. Where is our good leadership today? Where are the judiciary’s 21st-century comparisons to the likes of Chief Justice John Marshall, Louis Brandeis, Benjamin Cardoze, William Brennan, Oliver Wendell Holmes, and Learned Hand?

What about the leer to inflict injustice manifested by Strom Thurmond’s purported “habeas reforms” in the AEDPA? Unconstitutional, unfair, calculatedly racist, the wrong done through them is done in your name. So I close by asking you to think about truth: The greatest California Supreme Court justice was Justice Stanley Mosk who sat on that court for a record 37 years. His unparalleled stature on the American judicial landscape, in June 1997, earned him the honor of delivering the “Brennan Lecture” at New York University’s School of Law. Let his first choice of words punctuate what I’ve shared with you:

The first issue I wish to discuss is the degree to which habeas corpus is being undermined, legislatively and judicially…It must never be overlooked that The Great Writ is recognized for its inviolable character…This past year Congress passed what it labeled “The Antiterrorism Effective Death Penalty Act of 1996”…Strangely, the first subject covered in the act was Habeas Corpus Reform. How a legislative body can “reform a right guaranteed by the Constitution is simply beyond my comprehension… MOSK, States’ Rights and Wrongs (1997) 72 N.Y.U. L. Rev. 552-53 Brennan Lecture

As Aristotle says: “The citizens begin by giving up some part of the constitution and so with greater ease change something else in the government which is a little more important, until they have undermined the whole fabric of the State.”

Author’s Notes: See Jones v. Hendrix U.S. Supreme Court (2023) for its timely dissents and more proof; See Powell v. Galaza, 9th Circuit, Black man was given a life sentence for failure to appear

About The Author

Disclaimer: the views expressed by guest writers are strictly those of the author and may not reflect the views of the Vanguard, its editor, or its editorial board.

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