Updated: 5 days ago


Only 1,500 of this Beautiful Race and Culture Remains: Chevron Has Poisoned All of Them with the Help of American Judges


This is supposed to be a legal BLOG so I will do this piece with legal formality -- point headings and all. Even though I have lost all respect for America and its justice system, I promise to be respectful. But first some theme music as part of the multi-media presentation: Murder By Numbers by Sting -- a big Amazon Rain Forest Guy.



Procedural Posture


This is Part 4 of a series of pieces.


When we left off in Part 3 of the continuing saga:


(1) I was trying to convince Steven Donziger’s “inner circle” of environmentalists and Harvard Law grads that Donziger and his clients – the nearly extinct Indigenous Peoples of the Ecuadorian Amazon – should bring a RICO action against Chevron and the law firm of Gibson Dunn for various violations of the law. These violations have helped hasten the extinction of the Indigenous People – that began with Chevron’s mass poisoning.


Mr. Donziger’s inner circle was more than skeptical. They cited to various things that Chevron's lawyer Gibson Dunn would do to people who brought such a lawsuit mostly involving paper. It was not that Gibson Dunn would give someone paper cuts or take large legal motions and bang you over the head with them.


A Paper Cut: Yikes


It was things like massive subpoenas, frivolous motions and lawsuits and yada … yada … yada. Or they would fuck up your merger. Donziger’s inner circle was big on that: “they threatened to destroy the law firm’s [the folks that represented Donziger] merger.” Actually they can only hurt you if a corrupt judge is on the case. I demonstrated that in the last episode. In front of a fair judge they get their ass handed to them.


Gibson Dunn Later Took this Frivolous Case and Added God as a Defendant: Idiots


Also I remind everyone that physics still controls. Paper is flimsy. For instance a fist or any number of objects can go right through paper. Paper is not inherently scary. But if their is a corrupt Judge on a case Gibson Dunn can make your life hell using paper. Here is an excerpt from the motion to dismiss written by Donziger's defense attorney in the Chevron/Genocide Judge Corporate criminal prosecution of Donziger:


As outlined in Mr. Donziger’s motion for a protective order dated June 15, 2018, Chevron and its lead law firm Gibson Dunn had already repeatedly demonstrated a tendency to use information taken in discovery to harass, intimidate, and publicly malign Mr. Donziger and allies and supporters of the cause of environmental justice in the Ecuadorian Amazon. 691 Dkt. 2026. In particular, Chevron and Gibson Dunn had a history of using distorted and decontextualized information from discovery to pursue third-parties with “blitzkrieg” style litigation strategically designed to impose massive expense and reputational harm on those parties and forcing them into a settlement posture. Id.; Tr. at 704. As part of the settlement, Gibson Dunn lawyers would “ghostwrite” denunciations of Mr. Donziger and the Ecuadorian cause and force the third-party to sign the denunciation as part of the settlement, regardless of the party’s actual beliefs. Id.
Tellingly, after Judge Kaplan denied Mr. Donziger’s motion for a protective order, Gibson Dunn engaged in exactly this course of conduct with third-party Katie Sullivan and others. Even though Ms. Sullivan immediately agreed to comply with all of Chevron’s discovery requests, Gibson Dunn lawyers engaged in repeated public attacks on her character and continuously generated litigation until Ms. Sullivan had spent over $170,000 in legal fees and agreed to do whatever Chevron wanted in order for “this to be over as quickly as possible,” as she acknowledged at deposition. Gibson Dunn lawyers ghostwrote a declaration denouncing Mr. Donziger that Ms. Sullivan signed. At deposition, however, Ms. Sullivan acknowledged that she had no personal knowledge of numerous points stated in the declaration, and that she outright disagreed with other points.
See, e.g., 691 Dkt. 2125 at 2-8. Chevron and Gibson Dunn engaged in similar abusive litigation tactics against numerous other third parties as well.

Whoa as we'll see later that is fraud on the Court by an officer of the Court. (Also, always remember the lesson of physics and paper)

This "Man" did not respect paper too much but knew his physics ("The pen was not mightier than the drive by shooting")


(2) In any event my former Law Professor – a distinguished Yale Graduate – suggested that the best way I could help Steven Donziger and the Indigenous People out would be to:

“write an Op Ed piece.”

So I have written a few including this one. No one really reads them. Thank God.


(3) In any event I concluded that a 28.5 billion dollar RICO – plus attorney’s fees (God love them) – could not be brought because it was now beyond the statute of limitations – that’s not my fault.


(4) But I stated that in this installment I would inform everyone of a very potent law suit that could be brought; and in a court that would not be corrupt – at least not like the Court that entertained the Civil RICO against Donziger and the Indigenous People (destroying the 9.5 billion dollar judgment). We will get to that.


Opening Statement


To tell you the truth I am all Donzigered out.


To my close knit twitter family – we all know this case already. We all have Donziger in common. For the very few people who will read this and do not know this case – well here it is – courtesy of the multi-media presentation you can learn all about it. (See the links below)


There's the ever popular (not really) "The Malignant Degeneracy of the 2nd Circuit" (An overwrought and overthought poor title)


https://www.thezuppafirm.com/post/the-malignant-degeneracy-of-the-2nd-circuit


There's the commercial failure "The Second Circuit: Where Judges Can Do Whatever the Fuck they Want" (That's a cool title though)


https://www.thezuppafirm.com/post/the-second-circuit-a-tradition-of-bullying-corruption-and-intellectual-dishonesty


And critic's choice "The Genocide Judges" (Best title because it makes the point so well and catchy) (I hope it continues to go largely unread)


https://www.thezuppafirm.com/post/the-genocide-judges


It is still shocking … As shocking as ever. For three decades Chevron intentionally – as in “on purpose” – dumped billions. That’s billions with a “B” … let me start again … Chevron intentionally dumped billions of gallons of toxic chemicals and oil into the rivers, lakes, streams and soil of the Ecuadorian Amazon.


Let me be clear. The following did not occur in Ecuador:


PABLO: Ayyy caramba ... Hey Jesus ... I fucked up and accidentally spilled a barrel of this stuff into the stream. Is Chevron going to be mad at me patron?
JESUS: Oh shit votto ... that's like highly toxic stuff man. That shit can hurt the nice people around here hermano. Chevron will go loco on you bro. They don't want to fuck up the beautiful pristine Amazon which are the fucking lungs of the earth ... stop smoking weed on the job pendaho.

The above did not occur once -- let alone billions and billions of times.


Again the mega billions of gallons of toxic chemicals were intentionally dumped by Chevron into the rivers, lakes, streams and soil of the Ecuadorian Amazon.


Jesus (as in God's alleged son and not the above character) ... Billions of gallons … They nuked an area the size of Rhode Island. The Chernobyl of the Amazon it’s called. Some 1,500 to 1,700 square miles of Eden officially destroyed. Ten billion gallons … twenty billion gallons … keep it coming boys … “one hundred bottles of beer on the wall …” another ten billion gallons of deadly poison in the rivers and streams … and so on and so forth. Like a Pacific ocean of oil and toxic metals just dumped on people.


By now those billions of gallons have to be in the entire Amazon basin. Way more than 1700 square miles. The water, the soil, the air, the silt at the bottom of the rivers and streams. Its working its way through. It's in the ground water. It has to be in the very green leafs of the plants. In the animals like the nearly extinct pink dolphin -- a beautiful friendly pink version of Flipper. Who would poison a pink Dolphin?


The toxic contamination is roughly 30 times greater than the more widely reported Exxon Valdez spill. But as stated this was intentional and it happened on land where people live. See below for some very sobering statistics and images:


https://chevrontoxico.com/


https://loudematteis.com/crude-reflections

Mama all the animals are dying.

The little boy cries out holding two dead poisoned chickens. (Watch the documentary Crude)


And oh yes ... the toxins are in the people. We know that. Cancer.


Who does things like this: Chevron's CEO Should be Forced to Watch his Family Drink This


For over a decade medical experts predicted thousands of deaths from cancer. Then Community leaders and doctors reported elevated rates of cancer in the region, as well as birth defects. As predicted literally thousands have died from cancer. Exactly how many we will never know.


Thousands are suffering from pollution induced poverty … they can’t drink the water or eat the food that comes from the land or water … so they are thirsty and starving … awaiting cancer ... if they don’t have it already. Thousands more will die … yada … yada … yada … So it goes.


And as Chevron dumped billions and billions and still more billions of gallons of these highly toxic substances, they knew that it would kill everyone. But it made them an extra five billion dollars – so what the fuck. ("The grabbing hands grab all they can -- everything counts in large amounts") Good news at the shareholder meeting. This is America. "Oh by the way its murder." "So sue us ... hah ... hah ... hah ... lol." And so on and so forth.


It is still so very sad … sadder than ever … For Donziger … For the Eden that was the Amazon Rain Forest … for the creatures that live there … and for the people dying from Chevron cancer … oh God cancer is a horrible life that has to be lived before it leads to death.


Did you ever see the close loved ones of someone who has died after a bout of cancer? They don't seem that sad. I was not nearly as sad as I thought I would be when my father left. I thought I’d kill myself when he was first diagnosed.


I took him to chemo … Held him as he vomited … Sat him on the toilet for the diarrhea … Heard his confession that he was finally impotent … Fed him … Cried with him … Watched his skin turn into scales … Watched him writhe in agony. In the end he even smelled like death. His hair and teeth fell out too. Did I mention that?


I ultimately watched him go mad until he became sane again the day before he died. He was sane when he said good bye. He asked if there was anything I needed to get off my chest. He asked if I needed to forgive him for anything. I said, “No daddy … you’ve been as close to a perfect father as anyone can be and I will always love you.” I wasn’t lying. I started to cry. He made me stop. He said if he saw me cry that he would cry too and he didn’t want to go out sniveling and crying. He was macho that way. And so it goes. He died with dignity.


But when he died the next day … some 14 and a half years ago … as I lay in bed with him … I still hate to admit it … I was relieved. If there is a God – and I doubt that there is – forgive me for saying that I was relieved. But I was so tired.


Multiply the above story by thousands upon thousands and that’s what Chevron did to nice innocent people.


As told by Steven Donziger at his Twitter account: This is Angel Toala. The year is 2007. The place is the Amazon. It is the day before Angel died of stomach cancer. For years Angel drank from a stream near his house poisoned by a Chevron well. That's how they die. They were all loved by someone.


In the documentary Crude a man about my age -- a member of the nearly extinct Cofan Nation -- talks about how two of his children died. One just stopped growing at the age of six months and eventually died. Another accompanied the family to the nearby river. She jumped into the water and bathed and drank like a baby mermaid ... as the Cofan had done for thousands of years in that pristine river of life. Later at home the baby mermaid began to vomit blood. By the next day she was dead. A six year old little girl. Her father's angel. There are only 1,500 Cofan left on the face of the earth as of 2010. Less now.


Experts predict the disappearance of five indigenous rainforest communities because of Chevron's deliberate poisoning. "Na na na na ... na na na na ... hey hey ... goodbye."


Chevron, their lawyers, and the judges they carry in their back pocket, are all guilty of genocide.


And of course the Chevron birth defects … my goodness … close your eyes and picture Chevron giving your baby a birth defect or watch Crude … yada … yada … yada … So it goes.


America’s gift to the people of the Amazon: Deadly chemicals. Greed. Fucked up Judges.


Chevron does this poisoning all over the world. In America too. Right now. Trump loved them. Biden isn’t doing anything about them. They're powerful Federalists Society people you know ... yada … yada … yada …


That's Federalist Society Chevron Poisoning People in Richmond California USA


Steven Donziger and his team hit Chevron with a 9.5 billion dollar class action judgment on behalf of the 30,000 poisoned Indigenous People who are waiting to die of cancer -- not just the Cofan -- that are all the victims of this slow motion genocide. That is not nearly enough money if you ask me.


If one of the cancer birth defect kids was my child – oh the Hell Chevron would pay. Shock and awe. To adequately predict what I would do just picture the horrific footage of America blasting the living shit out of Iraq. Thanos would ask me for death lessons.


This is what Chevron's Federalist Society HQ would look like if I were the father of a Cofan Child (I am not necessarily advocating violence but I may be)(BTW Steven Donziger authored a study of the true amount of civilian casualties in our made for TV war with Iraq -- Donziger is a humanitarian pacifist)


Oh my. I fear the legal memorandum I was going to write has gone just a tad bit astray. It has point headings. Let me right the ship and get back to the legal stuff.


Then the corrupt Southern District of New York with the full aid of the Second Circuit and the United States Supreme Court (the Genocide Judges) not only took away the judgment and the billions to try to clean the place up a bit; Donziger is now under house arrest and has been for two years for refusing to give Chevron his cell phone and computer.


What did Genocide Judge Kaplan say during the opening days of the trial that robbed the Cofan people of their last chance? What wisdom did that fair and impartial bastion of American Justice and former Tobacco company lawyer impart. He said this:


[W]e are dealing here with a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels and lubricants on which every one of us depends every single day. I don’t think there is anybody in this courtroom who wants to pull his car into a gas station to fill up and finds that there isn’t any gas there because [Mr. Donziger and his clients] have attached it in Singapore or wherever else [as part of enforcing their final Ecuadorian judgment].

"Lubricants" -- what the fuck does anal sex have to do with this. And lawyers who represented Donziger and the Cofan and could not take it anymore -- so they left the case -- they had this to say to the Court:


Motion to Withdraw by John W. Keker, Esq., 11-cv-691, Dkt. 1110 (May 6, 2013) (“It is with regret that undersigned is forced to make this motion to withdraw. This is an extraordinary case which has degenerated into a Dickensian farce… Encouraged by this Court’s implacable hostility towards Donziger, Chevron will file any motion, however meritless, in the hope the Court will use it to hurt Donziger.”). See also Sworn testimony of Deepak Gupta, Esq.:
I want to say this delicately because it’s not my habit to say anything adverse about—I have the greatest respect for the federal bench. I clerked for a federal judge. I practice before the federal courts. I have never seen a judge whose disdain for one side of the case was as palpable on the bench in ways that I think may not have always come through in the paper record. But it was fairly obvious that Judge Kaplan had great personal animosity for Steven Donziger.

"Degenerated into a Dickensian farce" -- wow. I am not surprised. It happened to me in the Southern District against State Farm, though thankfully for all, not nearly as bad.


Donziger just underwent a corrupt prosecution for the brutally hi-anus crime of contempt of court. And he’s looking at 6 months in prison. On top of that they took his Harvard Law license away. (I don’t know if he’s still invited to the alumni events but he wouldn't be able to go anyway unless they were held in his apartment.) And he owes like a million bucks to Chevron (not Harvard; hopefully he's paid off his law loans) – the people that committed and are committing the slow motion genocide. All for winning the case in Ecuador where Chevron forced them to try it. Yada … Yada … Yada … And so it goes.


Most of all Donziger is just fucking depressing. I mean it’s just mind fuck depressing. Because it really demonstrates just how evil corporations are … how evil people are … how fake democracy is in America … and the amazing amount of evil that we put up with.


How many tweets can we do … retweet … read … comment … How much YouTube can we watch? How many podcasts can we tune into. How many stories can we read in the non-main stream media because mainstream media has black listed Donziger – because they are afraid of Chevron and all the paper their lawyers can throw at you. (Its not even paper anymore -- its all electronic filing) And the New York Times uses Chevron's lawyer Gibson Dunn as their attorney. And yada ... yada ... yada. So it goes.


How can Biden complain about Navalny when we have Donziger.


For God’s sake Chris Hedges has made a cottage industry out of Donziger.


I even wrote to Greta Thunberg but she ignored me. This is going to be my second letter: “Dear Greta ... fuck you. Trump was right. It’s all about you.”


Donziger is fucking depressing because it shows that people are sheep. We're poisoning beautiful people. We're selling weapons to the Saudis -- the miscreants that attacked us on 9-11 -- so they can kill babies in Yemen with them. We’re losing our democracy. We’re losing our planet. And we’re watching our children get gunned down at their fucking elementary schools.


Is someone at least slightly agitated?


But I’m not a loser. I am ready to burn down Wall Street and a whole bunch of other stuff – unless Chevron pays the victims lots of money; cleans up the mess; and the Genocide Judges are impeached. And fuck the leaders of Ecuador too because ultimately they got paid to let this happen like any other fucking basket case country that has lineage to fucking Spain. Spain you started your rape and pillage of the Indigenous People with Columbus.


But no one will join me and everyone says I am crazy. Perhaps we could just shoot people and use the Second Amendment as a defense while we call those that would stop us communists. That playbook seems to work.


Oh no ... I fear I may have once again just ever so slightly strayed a bit from writing a formal legal piece so I will dial it down and get back to the law. There will be more point headings.


Donziger please just let me outfit you with the appropriate weapons and a little training in firearms; other weapons; and hand to hand combat. Lord knows you have plenty of time to train as you sit there under house arrest for the grisly, hi-anus, crime of contempt of court for not giving Chevron your laptop and cell phone. Meanwhile the folks that stormed the Capitol and committed insurrection by trying to overthrow our government are all carrying automatic weapons, going out to bars, massage parlors, gun ranges; or are just out and about the trailer park having sex with their cousins.


And I know we have to train in your apartment but most gun fights occur at about six to twelve feet apart so that’s cool. We have plenty of room. In fact as part of your training you will be taught to avoid open spaces where snipers can get you. How to combine magnesium filings with saw dust and gasoline to make some interesting things. M-80s on the tops of Molotov cocktails, etc. Say to yourself: “Donzy ole Harvard Law grad boy … let’s see how many of these corrupt evil fucks I can bring with me.”


You will finally get all of the mainstream media attention that you deserve ...


But Donziger is a humanitarian and a pacifist ... oh well I can still day dream --


The New and Improved "21st Century America Donziger:" ("The Polluters are Communists")


Because it’s getting as fucking depressing as a Pink Floyd song written by your very honorable and devoted friend – Roger Waters. (I love that man) …


No one told you when to run … you missed the starting gun

Yada … Yada … Yada. And so it goes.


There is no catharsis here. I want to move on. I have my opus to write:


“Trump Land USA.” It features my all too real, but satirical, ultra-right wing candidacy for Congress – where based upon QAnon I asserted, everywhere I could make an assertion, such things like i.e. my Trump fanatic opponent Lee Zeldin started the pandemic and that Zeldin’s wife is an Iranian pro-abortion clinic entrepreneur that wants to abort Christian babies, etc. yada ... yada ... yada)

– and it was supposed to end with me solving the Long Island Serial Killer Case.


The campaign is over. I lost as predicted.


I have a serial killer to find. There is like 15 dead girls that we know off; a dead transvestite and a dead baby (a toddler that belonged to one of the dead girls) to be avenged. God forgive me for saying this but that’s a happy story compared to fucking Donziger. I want to be happy again in “Trump Land USA” with a sadistic serial killer police chief that lives about three miles from me.


As my billionth aside, when I volunteered to do legal research or sharpen pencils for Donziger's Defense team they googled all the above Congress shit. They seemed aghast and I never heard from them.


My good friend and former law partner informed me on Facebook instant messaging that Buddhist monks spend their lives trying to avoid conscious thoughts. I feel them.


Author's Note: The phrase “So it goes.” (Kurt Vonnegut from “Slaughter House Five” -- It just fits.) "yada ... yada ... yada" (a TM of Seinfeld)


Conclusion of Law ... Really


This is finally going to start sounding like a legal BLOG.


You can still proceed against Chevron and Gibson Dunn – although of course not Genocide Judge Kaplan who enjoys ultimate judicial immunity for his acts that make him an accomplice to genocide. And you can get 9.5 billion dollars. In fact you can get more than the 28.5 billion dollars that a successful RICO would get you. And you can get it from a jury who probably will not like what Chevron did to the children of Ecuador. There’s plenty of film. See the Documentary Crude here. Chevron used this movie to fuck up Donziger. "How dare he be in an award winning movie about the murder of innocent people" -- said Judge Kaplan.


Warning: The Movie is Mind Fucking Depressing But its Very Good


For team Donziger simply use the same facts and proceed with a different legal theory: Fraud on the Court ... Here ... Follow closely.


The cause of action for fraud on the court is generally limited to instances where “the integrity of the judicial process has been fraudulently subverted.” We are talking the most egregious conduct that implicates an officer of the court -- like lawyers and a Judge. It has been held that courts must balance the policy of upholding final judgments against the possibility the judgment was obtained by perpetrating a fraud on the court. Federal Rule of Civil Procedure 60 sets forth the grounds under which a judgment may be set aside, but Rule 60(d)(3) states Rule 60 does not limit a court’s power to set aside a judgment for fraud on the court. Rule 60(d)(3) is the codification of a court’s inherent power to investigate whether a judgment was obtained by fraudulent conduct. Further, there is no statute of limitations for a fraud on the court claim and a court may consider such a claim even if no adversarial parties are before the court.


This rule does not limit a court's power to:


(1) entertain an independent action to relieve a party from a judgment, order, or proceeding; (3) set aside a judgment for fraud on the court.

F.R.C.P. Rule 60(d)(1) &(3)


You want to know the good part. You can get punitive damages. According to the Second Circuit, the plaintiff must present clear evidence that a defendant’s conduct reflects such a conscious and deliberate disregard of the interests of others that it may be called “willful and wanton.”


Don't make me laugh. We got that. Watch the movie.


A key factor in determining the size of the award is the wealth of the corporation. Chevron is worth some 260 billion dollars. Forty billion is only 15% of the company's worth.


Oh no. I can hear Donziger's inner circle -- "those nattering nabobs of negativism" (that’s former Nixon V.P. Spiro Agnew) -- groaning.


But I have been commissioned by Yale Law Degree Professor Eric Friedman to write an Op Ed. So I will continue.


Chevron's/Gibson Dunn's Illegal Conduct


This is taken directly from the EarthRights International brief to the Second Circuit in support of Steven Donziger. (These are Donzy’s boys – not me.) What you are about to read is heavy. Don't let the legal style of writing in which it is presented fool you. It demonstrates the classic way that the United States has acted in Central and South America: an American multi-national company has bought the military. They tried to buy the Courts of Ecuador but could not. So they bought the most corrupt judiciary in the world. The American Judiciary which is corrupt before judges even become judges. Read on:


I. Chevron engaged in a pattern of corrupt behavior first to try to win, and then to corrupt, the Ecuadorian proceedings.
A. Chevron engaged in political pressure and fraud to try to win in Ecuador.
After prevailing on forum non conveniens in the original U.S. pollution suit, see Aguinda v. Texaco, Inc., 303 F.3d 470 (2d Cir. 2002), Chevron tried to steer the re-filed Ecuadorian litigation its way. Chevron met with Ecuador’s Attorney General, see CA2 App. A-422-423,3 lobbied Ecuadorian presidents “to halt litigation,” id. A- 2202; and even lobbied the U.S. government to pressure Ecuador over the case.4 In court, Chevron repeatedly used delay, disruption, and intimidation, id. A-3212-3218.It engaged in an extensive campaign to skew the scientific sampling, including front companies that looked like independent labs, id. A-1585-1586, A-1588-1590, secret pre-inspection tests to determine how to hide contamination, e.g., id. A-3209-3210, and presenting what the court found to be “false information” regarding a nonexistent security threat which “misled” the court “to suspend a judicial proceeding,” id. A-1091-1093.
Chevron’s “Sample Manager,” Diego Borja, id. A-3154, was recorded saying he had evidence of Chevron’s illegal conduct, “conclusive evidence, photos,” “things that can make the [Ecuadorians] win,” id. A-1572-1573. He said he set up companies for Chevron, id. A-1588, had “proof” that the laboratories “belonged to [Chevron],” id. A-1585-1586, and that the judge would “close them down” if he discovered how Chevron “cooked things,” id. A-1590. Chevron’s lawyers were repeatedly sanctioned for obstructive behavior. Id. A-3217-3218. Ecuador’s appellate court – whose independence and impartiality was never questioned – described Chevron’s “manifest, notorious and evident bad faith” and “overtly aggressive and hostile attitude,” concluding that its “conduct … rarely seen in the annals of history of the administration of justice in Ecuador, was abusive to the point that, should this Division overlook such attitude,” it would set “a disastrous precedent.” Id. A-467.
B. Chevron planned for a future challenge to a judgment by attempting to corrupt the Ecuadorian proceedings and vilifying the plaintiffs and their lawyers.
Before Chevron discovered any alleged evidence of misconduct, it sought to manufacture a storyline of corruption. In October 2008, Chevron’s public relations consultant proposed “message themes” including “Government by Extortion in Ecuador,” “Collusion between the government and the plaintiffs,” and “justice as thin as the air in the Andes.”(5) This included promoting the false claim that “the case was thrown out in America for fakery and deceit,” and focusing on the “American attorney … pulling the strings of an emerging banana republic in Ecuador”: Donziger.(6)
Chevron implemented this strategy in 2009 by sending Borja, posing as a businessman, to create a bribery scandal. Borja illegally recorded meetings with then presiding judge Juan Nuñez, but Nuñez refused to discuss whether he would rule against Chevron. See, e.g., CA2 App. A-3265-3268. Borja delivered the recordings to Chevron’s U.S. counsel, but then met in Ecuador with a businessman – without Nuñez present. Id. A-3154-3155, A-3266-3267. At that meeting, Borja discussed a bribe, but no evidence suggests Nuñez contemplated bribes, and Borja later admitted “there was never a bribe.” Id. A-3266-3268. But as Borja explained, “you don’t only win with evidence, but with media.” Id. A-1582. Chevron publicly claimed that the recordings revealed “a $3 million bribery scheme implicating Judge Nuñez.”(7) Chevron then claimed that it “would be denied the right to impartial justice and due process” unless Nuñez’s rulings were annulled, (8) which Borja admitted was the scheme’s purpose. CA2 App. A-1581. Chevron lied to the Ecuadorian court, (6) (Id. 7) asserting Borja no longer worked for Chevron, id. A-3154, and publicly claimed thatthe recordings were made “without Chevron’s knowledge.”9
Chevron then secured Borja’s loyalty by paying him more than $2 million in cash and benefits. See CA2 App. A-3155; A-1591-1593; Dkt. 1874 at 466.10 On Chevron’spayroll, Borja signed a declaration disavowing his earlier statements regarding evidence damaging to Chevron. See Decl. of Diego Borja, Dkt. 21-3, In Republic of Ecuador, No. C-10-80225 MISC (filed Oct. 6, 2010).
While Chevron failed to annul Judge Nuñez’s rulings, the fake scandal led him to recuse himself. CA2 App. A-3218. Judge Nicolas Zambrano took over. Chevron then used the incident in an arbitration claim against Ecuador, alleging the proceedings violated the Ecuador-United States Bilateral Investment Treaty (BIT).(11)
According to Chevron’s Ecuadorian counsel, in late 2009, ex-Judge Alberto Guerra – who had previously presided over the case – approached Chevron, suggesting he could be an intermediary with Judge Zambrano to “fix” the case for Chevron. CA2 App. A-1864-1865; Dkt. 1874 at 229. The case was reassigned toanother judge in 2010, but Chevron orchestrated his recusal so that Judge Zambrano returned. See Dkt. 1874 at 22-23; CA2 Dkt. 353-2 at 96-97. Instead of reporting an alleged bribery offer, Chevron made sure that the judge allegedly involved decided its case.

The above is the cloak and dagger, international espionage, despicable conduct of a major miscreant corporation in modern day colonialism. What follows is the most important facts for the Donziger Indigenous People lawsuit.


II. Chevron’s witness payments fundamentally corrupted the underlying civil proceedings.
Guerra proved unable to fix the case for Chevron, and Zambrano issued a landmark judgment against the company in 2011. But Chevron had already sued Donziger, and Guerra became its star witness in the RICO suit. The judge who had offered to “fix” the case then fixed his testimony for Chevron, lying on the stand while accepting millions from Chevron.
A. Chevron illegally paid its star witness.
Guerra was aware of Borja’s compensation, CA2 Dkt. 461-2 at 34, and approached Chevron after the judgment, looking “to negotiate a large payment,” Dkt. 1874 at 247. In July 2012, Chevron sent a lawyer to Ecuador with $18,000 cash in a suitcase. CA2 App. A-2804; A-3008-3009. Recordings show Chevron’s lawyer and Guerra negotiating payment. Id. A-2768-2769 (Guerra asks to “add a few zeroes” to Chevron’s “starting figure”). Guerra was, however, unable to produce a draft of the judgment as he had promised. Id. A-2814, A-2817-2819.
Offering payment to a witness for testimony is a federal crime. 18 U.S.C. § 201(c)(2). [Got ya ... That's big in my proposed lawsuit] But Chevron used Guerra to try to reach a deal with Zambrano, both offering Guerra more money for such a deal, CA2 App. A-2786, and offering Zambrano “a minimum of $1 million or whatever he wanted” to cooperate – yet Zambrano refused. Dkt. 1874 at 256 n.1072.
Chevron was thus forced to rely on Guerra’s testimony, paying him handsomely for it. Chevron knew Guerra was corrupt; he admitted to taking bribes as a judge and paying bribes as a lawyer, and had solicited bribes from Chevron to fix the Ecuadorian case. Id. at 250-52. Nonetheless, in January 2013, Chevron and Guerra signed a two-year contract with a renewal option, in which Chevron would pay Guerra to “make himself available to testify” in the RICO case and “to testify … at the request of Chevron in any … proceedings related to or concerning the [Ecuador] Litigation.” CA2 App. A-1302-1303. Guerra was promised $10,000 more prior to deposition, id. A-3065-66, and paid just before his trial testimony, id. A-771-772. Chevron paid him at least $168,000 in cash alone before he testified, with another $180,000 promised. Chevron then renewed his contract just before Guerra’s arbitration testimony. CA2 Dkt. 461-2 at 70.
Since July 2012, Chevron had given Guerra at a minimum:
 $432,000 in monthly cash payments;
 $48,000 in cash in exchange for evidence;
 $12,000 for household items;
 Payment of all U.S. taxes;
 A new computer;
 Moving expenses for Guerra and his family;
Health insurance for Guerra and his family;
 A car and car insurance; and
 A personal attorney, immigration attorney, Ecuadorian attorney, tax attorney, and accountant.
See CA2 App. A-1302-1303, A-1370, A-770, A-778; CA2 Dkt. 461-2 at 60, 69.

I.e. Chevron bought the star witness. Team Donziger has a good case. But it gets better.


B. After the District Court relied on Guerra’s testimony, he recanted significant parts.
Despite the obviously criminal arrangement, the RICO judgment relied heavily on Guerra’s testimony. Indeed, this testimony was the only “evidence” that anyone bribed Judge Zambrano to rule against Chevron. See Dkt. 1874 at 279-81. The district court found that Guerra was telling the truth, id. at 265, and thus found that the Ecuadorians’ lawyers organized a scheme to pay $500,000 to Judge Zambrano and “ghostwrote” the judgment, although the district court did not find that Zambrano was ever paid (and there was no evidence that he was). Guerra was the only one who was actually paid, of course – more than what Zambrano wasallegedly promised – and the district court also found that Zambrano refused to cooperate with Chevron despite being offered twice this amount.
While there were plenty of reasons to believe Guerra was lying, there is now proof. In the arbitration proceedings, Guerra recanted aspects of his testimony, including that Zambrano had promised Guerra 20% of a bribe from the plaintiffs – his “sworn statement in New York … wasn’t true.” CA2 Dkt. 461-2 at 37. He repeatedly said that he “lied” or “exaggerated” or “wasn’t truthful” both in his testimony, CA2 Dkt. 461-1 at 6-8; CA2 Dkt. 461-2 at 12, 41, 58; and to Chevron, “to improve” his negotiating position, CA2 Dkt. 461-2 at 12. This is exactly why paying a witness for testimony is a crime: even if not directed to lie, the incentive to do so is strong.
Guerra’s later testimony also undermined some of the supposed evidence of the alleged ghostwriting. Guerra alleged, and the district court found, that when Chevron declined his offer to “fix” the case, Guerra agreed with the Ecuadorians’ counsel to “move the case along in their favor,” but not to fix the outcome. Dkt. 1874 at 229-30. Shipping records showing that Guerra exchanged packages with Zambrano allegedly corroborated this story. Id. at 227. But Guerra later confirmed that none of the shipments related to the Chevron case. CA2 Dkt. 461-2 at 17.
In addition to Guerra’s admitted lies, the arbitration turned up additional evidence contradicting Guerra’s story. Guerra’s RICO testimony was that he obtained a draft judgment from the Ecuadorians’ lawyer “[a]bout two weeks before the Judgment was issued,” and made only “minor” edits. Dkt. 1874 at 245-46.
Nonetheless, despite extensive additional forensic analysis in the arbitration proceedings, no draft judgment was ever found on Guerra’s computer or in hard copy, nor any other evidence Guerra edited the judgment. Dkt. 461-2 at 11. There were no emails nor phone records of any communications between Guerra and Zambrano, nor the Ecuadorians’ lawyers, regarding the judgment, id. at 11, 64; no written communications or recordings showing an agreement with Zambrano nor evidence of any payment to Zambrano, id. at 11.
III. Chevron harassed, intimidated and punished those who supported Donziger.
In addition to paying witnesses for favorable testimony, Chevron brought its wrath upon those who might support Donziger or testify against the company. Chevron secured favorable testimony by threatening and coercing opponents.
Chevron sued Stratus Consulting, which performed environmental analysis in the Ecuador litigation, and repeatedly sent letters to its clients falsely claiming “fraudulent” and “corrupt activity” by Stratus had been proven in court, and requesting that they “sever ties” with Stratus. Dkt. 768-2; Dkt. 768 at 99-109.
Chevron used this leverage to secure a settlement which included a promise by Stratus scientists to testify, Dkt. 1002 at 6, and to testify a certain way: they promised not to “assert the factual or scientific validity or accuracy” of a particular expert report, id. at 8. As with Borja, Stratus recanted its prior positions after Chevron provided it with something of “value,” 18 U.S.C. § 201(c)(2) – agreeing to drop its lawsuit. See generally Dkt. 1422.
Chevron also engaged in a harassing discovery campaign against dozens of individuals and organizations that had worked with or supported the Ecuadorians at any point. For example, requests against a lawyer allegedly involved in financing the Ecuador litigation were “propounded to harass and intimidate,” and “set up a future claim against” him. Chevron Corp. v. Snaider, 78 F. Supp. 3d 1327, 1350 (D. Colo. 2015). A subpoena for another lawyer was “meant to harass,” and warranted sanctions. Chevron Corp. v. Salazar, No. 11-0691, 2011 U.S. Dist. LEXIS 153066, at *9 (D. Or. Nov. 30, 2011). See also Chevron Corp. v. Donziger, No. 13-mc-80038, 2013 U.S. Dist. LEXIS 49753, at *9, 11, 15-16 (N.D. Cal. Apr. 5, 2013) (“egregiously overbroad” subpoena for organization “critical of Chevron[ ]” would “discourage First Amendment activity”)

Here is my short analysis. That's fraud on the Court. And although its true, Chevron cannot really argue the following -- "how could we have committed fraud on the Court, when the very Court itself was fraud." In fact the Court would be an unnamed Defendant.


I even know where to bring the suit. The same Court that quashed the above Gibson Dunn subpoena. The above Northern District of California. That's the venue where Chevron's HQ is located so its perfect. What are they going to say to get back to the SDNY -- "we're entitled to the same corrupt genocide judge three thousand miles from our HQ."


CONCLUSION


There are times where by obeying the Government, one is actually breaking every single law of morality.


Germans obeyed the Nazis in another genocide.


This is a case where the Government should be openly defied with much force. If America ever really existed that would be the American thing to do.


And let us face it when one looks at Chevron's conduct --does anyone doubt that they would kill Steven Donziger if it solved their problems. But Steven Donziger is good for Chevron alive. A living breathing Donziger can be slowly crucified as a message to all who would walk in his shoes.

Meanwhile the guys below would beat the shit out of Gibson Dunn. See how they handled a corrupt Judge and a very large and evil corporation.






Updated: Jun 3

Mass Murder, Greed and Judicial Corruption


Portraits In Evil

Judge Lewis Kaplan (Southern District of New York) Before he Became a Judge he grew Wealthy Arguing in Tobacco Cases that Smoking Was Perfectly Safe and Healthy: Nominated by Bill Clinton who was Sodomizing Monica Lewinsky with a Cigar When he Made the Nomination


Judge Loretta Preska (Left -- Southern District of New York) The Federalist Chevron Big $ Genocide Judge and the Eva Braun Chevron Big $ Prosecutor Rita "the flaker" Glavin (the Judge and the Prosecutor Having a Good Time Together -- Standard SDNY; there's no such thing as a conflict in the SDNY) Evil Does not Always Come Disguised with Beauty



The Second Circuit Court of Appeals At Fordham Law School (They Look Like Chevron's Board of Directors)


How the U.S. Courts Became Accomplices to Mass Murder


Portraits In Suffering

Chevron Oil and Toxins dumped Into Unlined Pits and Piped into Rivers and Streams Literally Burning the Drinking Water of the Indigenous People of the Amazon


This is the air they breath; the water they drink; the soil that gives them food


The Number of Cancer Related Deaths In Ecuador from Chevron is Now Over 2,000 and Rising. It is Expected to Kill upwards of 30,000 Indigenous Peoples and Farmers with Much Immense and Attendant Suffering as it Scars the Lungs of the Earth


ALL OF US ... ANY OF US ... JUST DO SOMETHING


This is Part III in a series of pieces about Steven Donziger. He's the American Human Rights Lawyer who has been relentlessly persecuted by Chevron and the Federal Big Business Courts of New York. His crime: exposing Chevron's mass poisoning of Indigenous Peoples and farmers in the Lago Agrio oil fields of the Amazon region of Ecuador. As discussed in the prior installments Texaco -- now Chevron -- intentionally dumped billions of gallons of oil and oil drilling related toxins into unlined pits, streams and rivers in order to increase profits by three dollars a barrel of oil. There were clean alternatives. Chevron made an extra 5 billion dollars over thee decades while causing untold suffering and Ecocide -- that's the killing of the environment and the creatures that live in it.


It seems that words alone cannot capture the enormity of Chevron's cruelty and callous disregard for life. Quite simply they dug huge, unlined, pits -- hundreds of them -- and intentionally filled these pits with billions of gallons of oil and toxic metals. Of course the poison leached into the ground water. But worse still the pits would overflow. So Chevron built pipe lines to carry billions of gallons of this toxic brew into the rivers and streams where the Indigenous people got their drinking water; where they bathed; and where they got the fish that they depended on for food. There are approximately one thousand of these death machines spreading poison through thousands of square miles of the Amazon. Chevron knew that this would kill everything that lived there including people -- horribly. But they did it anyway. That is murder. That is Hitler like.


Before Chevron these people had no money but lived prosperous lives in the sense that all of their needs were taken care off. They were happy and healthy. After Chevron they were left with suffering, death and poverty.


They never received one red cent in oil money.


American Judges have made sure that Chevron has gotten away with this genocide.


See the prior installments in the following order as part of the modern -- worship the cell phone -- Internet multi-media presentation:


https://www.thezuppafirm.com/post/the-malignant-degeneracy-of-the-2nd-circuit


https://www.thezuppafirm.com/post/the-second-circuit-a-tradition-of-bullying-corruption-and-intellectual-dishonesty


Chevron poisoned some 1,500 to 1,700 square miles of pristine Amazon Rain Forest. An areas the size of Rhode Island is now an apocalyptic wasteland. Everything poisoned: the air; the soil; the water; the food. In the process Chevron has given cancer and birth defects to the thousands of mostly indigenous people that lived there. Because these indigenous peoples are rare in both ethnicity and culture the death of thousands is genocide -- a genocide of innocence.


Watch the video -- don't rely just on words:

When the Indigenous People Complained Chevron told them the Oil Waste was like Vitamins


Has anyone ever seen someone slowly die of cancer. I watched my father die from it over the period of two years. He smoked. Maybe he listened to Genocide Judge Kaplan. It's painful. Things fall apart. There is a lot of vomiting. You lose your hair and stomach lining and things like that. You cry because it hurts so much every day. Magnify that by 30,000 without real medical attention or morphine.


That's America's gift to the people of the Amazon.


That's How the Chevron Cancer Starts -- Skin Rashes On the Babies


And the Never Ending Chevron Birth Defects


Human Rights Lawyer Steven Donziger fought for decades to find Justice for the poisoned, sick and dying people. He sued in the Southern District of New York. But Chevron successfully had the case moved to Ecuador after promising to abide by the decision of the Courts in Ecuador. Chevron felt that they could manipulate the system in Ecuador through bribery and other unsavory tactics. They could also avoid a jury. In reality they found that justice was far more easily manipulated in America.


Steven Donziger and his team fought back hard and ultimately won a 9.5 billion dollar judgment against Chevron. Chevron thought they could buy the Courts but Donziger won the people. Chevron reneged on their promise, secreted all of their assets out of Ecuador and sued Donziger and the indigenous people under RICO. In turned into a series of legal proceedings under District Court Judge Lewis Kaplan (SDNY) that resembled Hitler's trials for the people who plotted and unsuccessfully attempted to kill him. See below:



Judge Lewis Kaplan's/Gibson Dunn's RICO Action on Behalf of Chevron: Secret Footage (as part of the multi-media presentation)

Experience reveals that many plaintiffs, rather than fostering RICO's mission as private attorneys general aiding public law enforcement, actually appear as private prospectors digging for RICO's elusive gold, and more often than not generating substantial costs rather than net gains to the public.
Rosenson v. Mordowitz, 2012 U.S. Dist. LEXIS 120077 *12-13 (S.D.N.Y. 2012) (Citations omitted)

That is what the Southern District said around the same time that Genocide Tobacco Lawyer turned Genocide Chevron Judge Kaplan suggested that Chevron and their thug lawyers Gibson Dunn bring a RICO against Donziger and the indigenous people of Ecuador. This was done in order to avoid the payout and punish them for ever seeking justice for cancer and birth defects.


You see Rosenson in the above cited case was not $260 billion dollar Chevron. Because I can tell you from experience that if a RICO is brought by a big corporation to punish the little guy -- its anything goes in the Southern District and the entire Second Circuit. There is no law for them -- and the judges do not let you defend. See the article:


https://www.thezuppafirm.com/post/the-bullshit-pleading-standards-how-the-courts-enable-the-wealthy-to-pillage-average-citizens


According to Court filings Chevron, which has more than $260 billion in assets, has hired an estimated 2,000 lawyers from 60 law firms to carry out its campaign. Chevron has spent two billion dollars to "demonize Dongizer" as stated in an internal memo. The oil giant dropped its demand for financial damages weeks before the RICO trial, which would have necessitated a jury trial. By dropping the demand for money Chevron avoided a jury.


Judge Lewis A. Kaplan, a former lawyer for the tobacco industry who had undisclosed investments in funds with Chevron holdings, according to his public financial disclosure statement, decided the RICO case alone.


This is a man who made a fortune swearing that cigarettes did not cause cancer, emphysema, heart disease and every other malignancy that tobacco causes. He is one of the biggest killers in history. Now it was time for genocide.


Kaplan found a witness named Alberto Guerra, relocated to the US by Chevron at a cost of some $2 million, who claimed the verdict in Ecuador was the product of a bribe. Kaplan used Guerra’s testimony as primary evidence for the racketeering charge, although Guerra, a former judge, later admitted to an international tribunal – under oath – that he had falsified his testimony with the help and money -- millions of dollars -- from Chevron.


Kaplan wouldn’t allow Donziger to bring in any environmental evidence that the Ecuadorian courts had used to find Chevron liable. He wouldn’t let Donziger testify on his own behalf on direct. He allowed Chevron to use secret witnesses whose identities he wouldn’t reveal to Donziger.


And when it was brought to Kaplan's attention that his main reason for finding for Chevron -- Guerra -- admitted lying to him under oath, Kaplan simply stated that it did not matter. He referred to the poisoned and dying Indigenous People as "so called Plaintiffs." He insulted the Justice System of Ecuador. And he openly praised Chevron as a company that was vital to the economy and employed thousands. The painful murder of innocent people did not matter to Kaplan because he was used to that -- after all his former clients intentionally addicted hundreds of millions of people to cigarettes with spiked nicotine levels; and then got rich as they all died miserably. Maybe you know some of them.


Genocide Judge Kaplan knows the tobacco industry playbook. The "Smoking Man" Kaplan worked with the Chevron lawyers at Gibson, Dunn & Crutcher to implement it against Donziger without a jury. And there was nothing Donziger could do about it.


“Because Chevron’s whole strategy is to demonize as a way to distract attention from its environmental crimes in Ecuador.”

Kaplan’s former law firm Paul, Weiss is a large firm that currently advises Chevron on its $13 billion purchase of another energy company. Kaplan was appointed to the bench by then President Bill Clinton who was probably too busy probing Monica Lewinsky with a cigar to fully comprehend the barbarism Clinton committed with such an appointment.


The RICO proceedings terminated the 9.5 billion dollar judgment and has ended with the two year house arrest of Mr. Donziger and a criminal contempt of court trial lead by a law firm appointed by Judge Kaplan that just so happens to represent Chevron. Kaplan also hand picked the pro Chevron Federalist Society Genocide Judge Preska to oversee the "show trial" which has led to an otherworldly two year period of house arrest for Donziger on a misdemeanor charge with a maximum penalty of six months. (There will be more on Judge Preska in the future) It will shortly lead to Mr. Donziger's incarceration for a period approximating six months. The Federalist Society receives countless millions from Chevron.


Who Am I?


I have to be upfront. I am nobody ... I should not even be writing this. I should never have looked at the news alert on my stupid phone that Sunday morning when I learned of this case from the Guardian News Paper of Great Britain. Because if you are reading this I'm probably fucked now. Because if you're reading this so are the genocide judges. And right now I am still a solo practitioner that eeks out an existence by doing almost exclusively civil and criminal RICO and white collar criminal work in the federal courts defending people who don't have much money -- or at least claim that they don't have money.


But I have Been Commissioned


At about 7:30 a.m. outside the Southern District on the last day of Steven Donziger's trial for criminal contempt I spoke with members of Donziger's "inner circle" including a Harvard Lawyer. I inquired as to why there was no Civil RICO to challenge the very RICO that terminated the Ecuadorian Judgment; and led to Mr. Donziger's two year house arrest, and the sham Chevron sponsored criminal proceeding that will certainly end in Mr. Donziger's incarceration. I asked questions based upon my own analysis of what Chevron and their lawyers -- really NAZI Storm Troopers -- Gibson Dunn & Crutcher had done during Genocide Judge Kaplan's corrupt RICO proceedings. I laid out a simple argument. The week before at the last protest on the first day of Donziger's trial Donziger acknowledged to me that their could be a RICO but that "would take lawyers and money."


What I got in response to my questions was:

we do not want to rain on your parade [but Gibson Dunn will kill anyone who tries to sue Chevron.] [aint my parade]

[And they listed all of the terrible things that happened -- I wont go through them because who gives a fuck] My response was "so what -- I would expect that. Just another day in the office for any good law firm that would be tempted by a 28.5 billion dollar treble damages RICO action replete with legal fees on top of the trebled damages." I even suggested that Gibson Dunn be sued as a RICO Enterprise themselves. A law firm would stand to make a couple of billion dollars from all of the above at the very least. Even if it took a decade or so -- it would be a nice gift for your grand kids.


Folks who do this kind of stuff are just as mean as Gibson Dunn and just as resourceful. They sue all types of bad corporations like chemical companies and State Farm -- the Chevron of Insurance Companies or is Chevron the State Farm of oil companies. etc. Personally while I lack the resources to bring such a suit -- perhaps I could find the resources -- I am just as mean ... probably much more evil ... and just as intelligent as Gibson Dunn.


But all I got was examples of the horrible things that Gibson Dunn does to people. [Again I wont list them because who gives a fuck -- you expect that from lawyers that represent big companies]


Do not think about what Gibson Dunn will do to you ... think about the evil things you can do to them and Chevron

-- was my last bit of advice before I was abandoned. As they were walking away from me -- nice enough -- I said --


what if you were in front of a fair judge -- Gibson Dunn would have lost.

Top Gibson Dunn Attorney Randy Mastro Passionately Argues a Point During a Hearing (Part of the multi-media presentation)


Then I was alone on a noisy busy early morning street filled with cars, construction and joggers in what is basically China Town, Manhattan, Blade Runner, USA. My coffee was cold and the cinnamon roll stale despite the preservatives.


Later on I would see my idol Roger Waters of Pink Floyd fame who has loyally stood by Mr. Donziger -- sitting there each day of the trial instead of sleeping in ... at his estate ... and having tea and crumpets for an 11:00 am breakfast ... as I picture all British Rock Superstars doing in their retirement years. It was really a surreal moment. I could not find the courage to speak to him about music -- my band got a record deal so I would have had some valid points and questions. "That was a real cool bass sound in 'Money' -- what kind of amp were you using." But it was too somber a day to speak of such things.


A corporation that committed genocide ... and still commits genocide everyday ... was using tax payer dollars ... and a Genocide Judge ... and the full power of the U.S. Government ... to put a human rights lawyer in prison for winning a lawsuit.


If that doesn't make America NAZI fascists than what does.


It was not a good day for me with the crowd either. When talking to other close friends of Donziger I mentioned that a Corporation hijacking the Courts and the coercive apparatus that the Courts have at their disposal -- such as the U.S. Marshall -- to subject a human rights lawyer to two years of house arrest; take away his law license; put him a million dollars in debt; prosecute him; and send him to jail -- all without a jury and using my tax payer money ... I argued that this violated philosopher John Locke's social contract. As such we were free to disobey the laws which obviously favored the super wealthy.


I mentioned Locke -- the great 18th Century philosopher, not the great character from the T.V. show Lost -- because I wanted to sound Harvard.


As a matter of background it should be noted that Donziger was being monitored by a large black ankle bracelet that he could not take off of his ankle. If he takes it off it alerts the goons and they come get him and probably beat him up before throwing him in jail. If he leaves the house it notifies Genocide Judge Preska's goons and they do the above.


I have had numerous clients that had to wear these things. It sucks. Sometimes they just start chiming loudly and it may be a while before you get someone to fix it. Days -- if it happens on a weekend or holiday. So it rings away and you cannot take it off. Everyone leaves the home because it drives them mad. But the guy is stuck with it and literally goes crazy. I usually tell my clients when that happens and they call me: "hey don't whine to me ... you should not have committed the crime and threatened all of the witnesses ... boy that's loud and annoying. I am going to hang up now."


But Donzinger's only crime was winning a class action case against Chevron and he never threatened any witnesses; or anyone. He's really amazingly docile.


In any event I suggested that Donziger should venture from his home, the ankle bracelet would go "high alert" and when Genocide Judge Preska sent the goon squad to arrest him -- U.S. Marshalls (she loves to call the Marshalls) or someone from pretrial services etc. ... I suggested that we just surround Donziger with a 100 or so armed people. And tell the goons to go away or we will shoot them.


I even suggested doing it at my home in Suffolk Long Island -- it is Trump Land out there and everyone has all manner of firearms. We'd fit right in. Some of them might join us for the hell of it. It was getting warm out. I could grill up some steaks and burgers -- even veggie burgers for the Harvard people and environmentalists.


Boy my suggestion did not go over well. I was told in no uncertain terms the following: "You're crazy."


In fact I was told in very certain terms the following:


You're crazy.

In fact I've been thoroughly diagnosed by very good doctors of psychiatry multiple times and I'm not crazy. At least not in the classical sense. Just "tightly wound." In any event I said:

I don't know ... a corporation using the Government to lock someone up for winning a case against them on behalf of 30,000 poisoned people that are dying of cancer ... seems even more crazy ... the guy should be treated like a hero

I was met with skepticism. I continued with a bit more fervor:


Two years of house arrest with an ankle bracelet for misdemeanor contempt of court is crazy. The most he can serve is six months if he loses. He's not a flight risk. No one has ever been under house arrest for such charges in American history. If I were in Donziger's shoes I would really show the world fucked up crazy. Oh God ... the story would finally receive main stream media attention during the long weeks it took to bury everyone including myself.

I was then ostracized by the green intellectual community. I knew the founder of Earth First. He'd agree with me.


Maybe people need to get a little crazy ... Ladies and Gentlemen as part of the multi-media presentation I give you Seal's Platinum song "Crazy": Take a break and listen --




A man decides after 70 years That what he goes there for Is to unlock the door While those around him criticize and sleep
And through a fractal on a breaking wall I see you my friend and touch your face again Miracles will happen as we trip
But we're never gonna survive unless We get a little crazy

(Wow that's really crazy cool.)


Here's Donziger himself on the Daily Show -- from his apartment -- describing how crazy it is:


"No Good Sir ... Fuck You ... it's 'crazy.''" (Part of the multi media presentation)


I'm the only one that's not fucking crazy. We better fight this shit now because Chevron is poisoning people all over this country. (We'll go into that down the road) And the corporations can now put you in jail; and not pay taxes.


Actually Donziger's "inner circle" were a tiny bit more receptive than my old Constitutional Law Professor Eric Friedman. I contacted him about the Donziger matter. As usual when I contact him about moral outrages he was short on plans of action and dismissive. He assured me that he would talk to his colleagues about it. In other words he'd bring it up with other law professors: "Oh no." Probably Harvard alum of Donziger. I can see the productivity of that:


E.F.: I say my good man, that Donziger fellow is really taking it up the ass from Chevron. A right good pounding.
Colleague: I don't recall him at Harvard. Did he play polo?
E.F.: Hmmm ... Don't know ... This sort of thing is very bad for law schools. We promise to make these students great lawyers. We torture them. We bankrupt them. We rank them and their institutions. But in the end it is not how well you represent, but who you represent. Kind of farcical one might say.
Colleague: Was it not Napoleon who said "God sides with whichever side has the biggest battalions”.
E.F.: Hmmm ... Don't know ... Will you be summering in the Hamptons.

Wellington once said of Napoleon, “His presence on the battlefield is worth 60,000 men”. Donziger and the Indigenous People need a Napoleon.


In any event the above is the power of law professors. In other words nothing will get done except more and other words. This is corroborated by the fact that when I asked Yale educated Professor Friedman what I could do he said --


write an Op Ed piece.

Geez I cleared a man of a homicide 55 years after it happened mostly while in law school.


https://apnews.com/article/5251c8ca98bb142a389c78d0182a9d67


Couldn't I do a little more. But Professor Friedman was quite adamant that I should:


write an Op Ed piece

Every time I come to that man with a moral outrage he suggests that I:


write an Op Ed piece

Maybe if my old Ethics Professor -- fellow Donziger Harvard Alum -- Monroe Friedman were still alive he'd have more proactive ideas. His first lecture started with the story of him being disbarred. He used to go round challenging everyone to debates like I challenge people to fist fights on twitter and facebook (how come they always ban me so quick). I loved that man.


In any event I have been commissioned by Yale Law Grad Professor Friedman to write an Op Ed piece and here it is. You've been reading it. My feeble attempt to save the world.


And then tonight I read this in an Amici Curiae (Latin for friend of the Court) Brief written by AMAZON WATCH AND RAINFOREST ACTION NETWORK that was submitted to the Supreme Court on behalf of Mr. Donziger and the poisoned indigenous people that are dying deaths of indescribable suffering because of Chevron. Here is what a portion of the introduction said (its quite readable):


Chevron’s own misconduct demonstrates why courts should not entertain collateral attacks on foreign judgments: because of that misconduct, the District Court accepted what subsequent evidence revealed to be admittedly false testimony, and the known facts now show that the District Court was actually wrong in many of its conclusions regarding the trial in Ecuador. And Chevron’s own wrongdoing could itself give rise to a collateral attack on the judgment below, leading to an unending cycle of litigation.
In Ecuador, Chevron paid millions to its agent who faked a bribery scandal, which Chevron used to have the presiding judge recused. And then in New York, Chevron paid its star witness – a corrupt former judge who had previously solicited bribes from Chevron – a relative fortune. That turned out to be money well spent for Chevron, because, as the witness admitted after trial, he lied in his testimony in this case – testimony that formed the bedrock of many of the District Court’s key conclusions.
Courts should generally refrain from investigations into foreign trials because they are liable to get them wrong, and because they could result in lawsuits bouncing between different countries: just as Chevron did, the Petitioners here could launch a preemptive attack on the judgment below anywhere in the world, at least anywhere that Chevron is subject to jurisdiction.
***
Indeed, the only reason Chevron’s massive pollution was litigated in Ecuador, rather than New York, where the Ecuadorian Plaintiffs originally sued, was because Chevron successfully argued Ecuador was a more suitable forum. Chevron reversed course only when it appeared it might lose in Ecuador.
***
Indeed, a collateral attack on the judgment below could easily be premised on the fact that Chevron’s arrangements with Guerra (as well as Borja, and its attempt with Zambrano) clearly violated federal law and the rules of ethics. See, e.g., 18 U.S.C. § 201(c)(2) (illegal gratuity to witnesses); 18 U.S.C. § 201(b)(3) (bribery of witnesses); NY Rules of Prof. Conduct 3.4 (“A lawyer shall not . . . offer an inducement to a witness that is prohibited by law or pay, offer to pay or acquiesce in the payment of compensation . . . contingent upon the content of the witness's testimony or the outcome”)[We will get into these facts].
Fact witnesses may only be paid “the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding.” 18 U.S.C. § 201(d). Accord NY Rule 3.4 (lawyer may pay “reasonable compensation” for “loss of time in attending, testifying, preparing to testify . . . and reasonable related expenses”). But Chevron’s contract with Guerra makes clear the payments and other benefits are separate from and “in addition to” expenses associated with testifying. CA2 App. A-1303.
Regardless, the payments are entirely unreasonable. Before Guerra even took the stand in New York, Chevron had already paid him at least $168,000 in cash alone, and he knew he would receive at least another $180,000 if he held up his end of the agreement. He also knew he would receive more if, at the end of two years, Chevron renewed his contract. [As we will see Chevron's/Genocide Judge Kaplan's/Gibson Dunn's key witness received millions]
The District Court [Kaplan] declined to strike Guerra’s testimony or sanction Chevron for its payments. Just as the Ecuadorian Appeal Division declined to consider allegations of fraud in its ruling, see Pet. App. 74a – the District Court declined to consider claims that the payments to Guerra violated federal law and ethical rules. Dist. Crt. Dkt. 1650.
Thus, these claims are equally ripe for collateral attack: what would stop a foreign court from determining that Chevron’s conduct and violations of the law irredeemably corrupted the judicial proceedings in the United States, and enjoining Chevron and its counsel from benefiting from the judgment below? Such a decision would exactly parallel the course of proceedings in this case, and highlight both the absurdity of this tactic and the need for this Court’s review.

What the brief is doing is basically saying "Hey ... if the Judgment in Ecuador -- where Chevron wanted to go -- can be terminated via RICO ... then we can RICO the fraudulent RICO that was brought before Genocide Judge Kaplan ...

Geez it sounds like I was right.

The funny part is that if you RICO the RICO you get the indigenous people three times the original amount because of treble damages. 9.5 billion times three = 28.5 billion plus attorney's fees. So Chevron's misdeeds are actually a money maker. The ancient Chinese symbol for crisis also means a bird of opportunity in flight ... I thought as I sat there in what is basically China Town.


In any event the Supreme Court would not take the case. Indigenous people of the Amazon have no political power or lobby. There are no members of the Federalist Society among the indigenous people of the Amazon. They have no concept of what that even is.


Besides the Supreme Court of the United States has a history of genocide.


The Supreme Court said that this man and all who share his color were not human; they were property


In Dred Scott v. Sandford the Supreme Court held that African Americans were not human but, rather, property. Of course as property these African Americans could be bred, raped, murdered, worked to death and otherwise subjected to horrors. This decision was never reversed by the Court. It took the Civil War to reverse the decision. Lately we’ve seen that there are a number of Americans who would love to return to the Dred Scott days.

The Supreme Court said the above women could be forcibly sterilized by the State

In Buck v. Bell the Supreme Court found that it was legal for states to sterilize citizens – even teenagers. As a result some 70,000 Americans were forcibly sterilized during the 20th century. The victims of this state-sponsored sterilization included people who had been labeled "mentally deficient;" as well as the deaf, blind or diseased. Minorities and poor people were frequently the target of these – scalpels cutting into genitals – forced sterilizations. Women that were accused of being "promiscuous" were also a favorite focus of the butchery. With regard to Carrie Buck contrary to the Court there were three generations but no imbeciles except the Court.

We live in a fucked up country ... with a fucked up Supreme Court ... that only gets more fucked up each day ... as the people here grow more social media fucked up. See the article:


https://www.thezuppafirm.com/post/the-extreme-court



The Supreme Court of Corporate Genocide, Eugenics and School Shootings (It's actually worse now) (Courtesy of the multi-media presentation)


But the Genocide Supreme Court was fine with the "RICO the RICO concept." I know that because they were fine with stealing the judgment from the poisoned cancer riddled indigenous people of the Amazon through Genocide Judge Kaplan's RICO.


And there are courts that have given it to Gibson Dunn and Chevron in this case pretty harshly:


Chevron also engaged in a harassing discovery campaign against dozens of individuals and organizations that had worked with or supported the Ecuadorians at any point. For example, requests against a lawyer allegedly involved in financing the Ecuador litigation were “propounded to harass and intimidate,” and “set up a future claim against” him. Chevron Corp. v. Snaider, 78 F. Supp. 3d 1327, 1350 (D. Colo. 2015). A subpoena for another lawyer was “meant to harass,” and warranted sanctions. Chevron Corp. v. Salazar, No. 11-0691, 2011 U.S. Dist. LEXIS 153066, at *9 (D. Or. Nov. 30, 2011). See also Chevron Corp. v. Donziger, No. 13-mc-80038, 2013 U.S. Dist. LEXIS 49753, at *9, 11, 15-16 (N.D. Cal. Apr. 5, 2013) (“egregiously overbroad” subpoena for organization “critical of Chevron[ ]” would “discourage First Amendment activity”).

(From the EarthRights International brief to the Second Circuit in support of Steven Donziger)(I guess we can call the above Judges simply judges)


In fact some courts have crushed Gibson Dunn. The following demonstrates that Gibson Dunn is a real Mafia type RICO Enterprise -- as opposed to the ones that the Courts created to go after public interest groups -- because they commit fraud, bribery and extortion in case after case.


The High Court of England censured Gibson Dunn for fabricating evidence in a previous case. Judges in California, Montana, and New York have censured Gibson Dunn for witness tampering, obstruction, intimidation, and “legal thuggery.” In Ecuador, Gibson Dunn lawyers even threatened judges with jail if they ruled against Chevron. (More Multi-media presentation below)


https://thechevronpit.blogspot.com/2015/03/chevron-law-firm-gibson-dunn-blasted-by.html


https://chevroninecuador.org/news-and-multimedia/2011/0203-chevron-threatened-judge-with-prison-time-if-he-failed-to-grant-motions


There are still many good judges out there. You just have to get in front of one.

Any good class action Plaintiff's attorney would love to punch it out with Gibson Dunn. It is what they live for.


Of course the real "rain on the parade" is the following:


Warning: This is the boring legal part where I demonstrate that I know what I am talking about:


The Statute of Limitations for a RICO against Chevron/Gibson Dunn has past. It's over. Forget any doctrine of "separate accrual" as some lawyers posited to me. The statute of limitations for a Civil RICO is four years from the occurrence or the discovery of the occurrence of the injury. At first glance the injury to the indigenous people was Genocide Judge Kaplan's decision wherein he found that the Judgment against Chevron was the product of fraud and he undid that which the Court's of Ecuador had done -- after Chevron said the Court's of Ecuador should decide the case. That decision dates back to 2014. However the real injury for RICO purposes was the fraud, bribery and extortion that Chevron used to obtain that decision. The bulk of that was discovered in 2015 when Chevron’s extraordinarily well paid star witness -- ex-Judge Alberto Guerra -- testified under oath at a tribunal. It was there that Guerra testified that he lied at the Donziger RICO trial about Donziger and his team bribing judges and ghost writing reports and decisions; and further, that Guerra lied about a host of other relevant and material matters. Around the same time other problems about the truth and veracity of Chevron’s RICO case came to light. In fact much of this discovered evidence has been presented to Genocide Judge Kaplan and the Second Circuit years ago; so team Donziger has known about it for over four years.


This is a complex matter and, of course, it can be argued that even to this day in the Donziger criminal proceedings we are finding more and more evidence of the shady nature of the Kaplan proceedings – both the fraud and extortion on the part of Chevron/Gibson Dunn; and the criminally corrupt manner in which Genocide Judge "the smoking man" Kaplan behaved ... decided the case ... indeed his mere presence on the case.


But team Donziger does not want to go there because every Court will find that the Chevron/Gibson Dunn misconduct was substantially discovered in 2015. No matter how much Chevron, Gibson Dunn, Kaplan, Preska, Seward & Kissell, Rita Glavin, the Second Circuit and the First Department continue to torture Donziger – the injury to the Indigenous People was discovered over four years ago. See the fairly recent U.S. Supreme Court (them again) decision in Lehman v Lucom, a civil RICO case. The court affirmed the grant of a summary judgment motion finding that the plaintiff’s civil RICO claims were barred by the statute of limitations. The Supreme Court discussed that there is a four-year SOL for civil RICO based from the date when the injury was or should have been discovered, regardless of whether or when the injury is discovered to be part of a pattern of racketeering. The Court noted that under the “separate accrual” rule, the commission of a separable, new predicate act within a four–year limitations period permits a plaintiff to recover for the additional damages caused by that act. But because Lehman brought the action in September 2011—more than four years after his awareness of the alleged RICO injuries—the district court dismissed the complaint. Lehman argued that under the separate accrual rule, his civil RICO claim was timely. Ultimately the Court found that none of the injuries in Lehman’s complaint were new and independent because all of his alleged injuries were continuations of injuries that had been accumulating since before September 2007.


So team Donziger do not bother to rush to draft the RICO complaint based upon our conversation a couple of Mondays ago. I do not think you are, but just in case.


TEASER


But hold on a second. I can save the day without having to resort to insurrection, although I think one already happened at the Capitol on January 6, 2021 -- so my suggested insurrection wasn't even that original. Although at least it was for a just cause.


In point of fact while speaking at a Dallas conference aimed at QAnon adherents on Sunday, former Trump national security adviser -- and convicted traitor (Pardoned) -- Michael Flynn, endorsed the idea of a military coup to reinstate Donald Trump as president. A member of the audience asked about the possibility of a Myanmar-style coup in the US, and Flynn said there was “no reason” something similar couldn’t happen in America. He added, “I mean, it should happen here.”


Chevron provides funding to the bad guy killers in Myanmar -- it's an American tradition for corporations to do such things. (Nothing wrong with it -- they owe it to their shareholders) See below:


https://www.nytimes.com/2021/04/22/us/politics/chevron-myanmar-sanctions.html


But Flynn isn't called "crazy." I am called "crazy." This is really a fucked up country where we better tighten our athletic cups, stop being so wimpy and kick some fucking ass before there is nothing left.


Maybe its time to burn down White Wall Street. An eye for an eye. I'm up for it.


(Whether Against Indigenous People or African Americans Evil Always Targets the Vulnerable -- its time to unite and fight back) (Part of the multi-media presentation)


In any event it is all about thinking outside of the box.


And that's what we'll do in the next installment. And I promise to keep exposing Chevron, Gibson Dunn, the Genocide Judges and the Chevron owned prosecutor Rita Glavin -- she represented Chevron before she prosecuted Donziger on their behalf.


Once again I will supply you with the proof of the intense corruption in this case. It is best demonstrated by this opinion of an expert witness on legal ethics that was filed in the case. It was ignored by the Southern District, the Second Circuit and so far the U.S. Supreme Court. But it is really a damning indictment of just how monstrously corrupt and evil the Southern District and the Second Circuit are. Remember that people have died monstrous deaths because of Chevron's intentional acts:


Donziger-mot-dismiss-decl-of-yaroshefsky
.
Download • 3.49MB

This Legal Declaration from the case brought to you courtesy of the multi media presentation


Remember Professor Eric Friedman commissioned me to write this Op Ed.


I close with an video of a meeting between Chevron's CEO Adolf Hitler and the law firm of Gibson Dunn with Chevron prosecutor Rita Glavin: (Made possible by the multi-media --worship the cell phone -- presentation)


Gee I hope I did not make anyone mad at me. I would hate to go crazy.



Chevron CEO laments to Gibson Dunn Lawyers and Rita Glavin About Excess Gas