Updated: Jul 31

Featuring an Intellectual Show Down With One Ron Kuby

This is a Man of Empathy that Engenders Trust ("I like beer")


I promise that this will be a proper scholarly article befitting a legal blog. It will contain only the finest in legal scholarship and will be the epitome of reverent.


DEDICATION


A few days ago I got jobbed by a Federal District Court Judge in the Eastern District of New York. The Honorable Judge Brian Cogan. He’s famous for being the Judge in the El Chapo case, his volatility and his no nonsense attitude.


Back right before the beginning of the Pandemic a major corporation – American Transit – served my client with a summons and complaint. Those are the things that start a law suit. This is how they allegedly served him – served means “give” … American Transit left the summons and complaint on the ground outside of a building where my client used to have an office six years before American Transit dumped it there. My client’s office closed six years prior and a new business moved into the building years before. My client wasn’t there anymore.


American Transit did the above pursuant to an Order by Judge Cogan. American Transit went to Judge Cogan and said that the doorman at my client’s building told their process server that my client “has an apartment in the building, but he and his family weren’t living there” at the time. So American Transit asked for permission to just dump the summons and complaint outside the building.


Judge Cogan said “Sure … Let me Order it.”


And justice was done.


This major corporation brought a motion for default judgment because the client did not respond to the summons and complaint that was dumped outside of a building he left six years ago. The client had no idea this summons and complaint existed.


In a decision on the motion for default judgment the Judge called my client a “miscreant” based solely on what was alleged – alleged means “accused”; or what American Transit said about my client – in the complaint. A complaint is just allegations. That means it means nothing until the things it says are proven. There is no evidence. Anybody can say anything in a complaint. Trump said he won the election in 60 complaints. But Judge Cogan still called my client a “miscreant” based on no evidence.


Then Judge Cogan did something odd in the decision. The complaint was so bad – as in shit senseless (TM) [the term "shit senseless" has been trademarked by me and cannot be used without my permission or paying me money] – Judge Cogan said “enough of these shitty RICO actions” and he tossed the complaint. Threw it right out. Judge Cogan – after he called my client a “miscreant” – literally spent pages describing just how shit senseless (TM) the complaint was. He did this in the haughty style that Judge Cogan is famous for – nasty plain talk.


The big corporation – the insurance company called American Transit – flipped out. They filed an appeal, pulled in one of their top lawyers [a different lawyer than the one who wrote the complaint] [by the way this lawyer couldn’t try his way out of a paper bag and every jury would hate him]


American Transit made what’s known as a “motion to reconsider” on top of the appeal. A motion to reconsider is where you say “hey judge … you fucked up.”


All of sudden Judge Cogan changed his tune. This “motion to reconsider has explained the complaint” Judge Cogan wrote in a decision that went on … and on … and on … and on … talking about how the complaint was somehow good now, because it was explained. But according to the law the complaint rises or falls on the four corners of the document and not some explanation written by a lawyer. As I say “the complaint says what it says – not what someone says it says.”


But Judge Cogan reversed himself and granted American Transit default judgment against my client and said my client had to pay a large amount of money based upon some paperwork American Transit gave him.


I made a motion seeking to vacate the default. That is where it is argued that “hey the client messed up … and it wasn’t on purpose … and we have a story to tell too … so please let us fight this thing.” The law in the Second Circuit is clear. “We want cases to be heard on the merits and not won on technicalities” says that bastion of wisdom known as the Second Circuit.


But Judge Cogan in his famous plain talking haughty manner mischaracterized everything I said and everything my client said – and ignored the law – when he denied the motion to vacate the default. Every time big money gets in a federal court all kinds of shit senseless (TM) things just seem to happen.


This piece is dedicated to Judge Cogan.


DONZIGER AGAIN


As we know for three decades Chevron intentionally – as in on purpose – dumped billions of gallons of oil waste into the rivers, lakes, streams and soil of the Ecuadorian Amazon. This is very bad stuff. And scientists think it’s about 16 billion gallons or so that Chevron purposely dumped – not including the millions of gallons of negligently spilled oil. They ran streams of these toxic oil waste chemicals right through villages where people lived; drank and bathed. I read all about it in the expert reports.


The expert reports detail how Chevron nuked an area the size of Rhode Island. Everything that lived in the former Eden is poisoned. Cancer ... Birth defects … Deformities … Who even knows? Chevron doesn't deny it. They have been caught hiding it to many times:

(The Donziger Files)


Thousands have suffered and died. And as Chevron dumped billions and billions of gallons of these highly toxic substances into the water the people drank, bathed in and fished -- Chevron knew that it would kill everyone. But it made them an extra five billion dollars. See below:


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


Oh by the way Chevron does similar things all over the world including in the U.S. and Pennsylvania, Fracking [fucking] USA. See below:


http://stateimpact.npr.org/pennsylvania/drilling/operators/chevron-appalachia-llc/


https://violationtracker.goodjobsfirst.org/parent/chevron


https://www.fractracker.org/2017/04/pennsylvania-oil-gas-fines-analysis/


Chevron once caused a mountain in Pennsylvania to blow up and would not let the State DEP on site even though the DEP by law has total access. See below:


https://whyy.org/articles/chevron-blocked-dep-from-scene-of-fatal-pa-gas-explosion-fire-for-two-days/


They got a slap on the wrist from the State of Pennsylvania but had to pay 5 million dollars to the estate of the man they blew up. It took weeks to find what was left of him:


https://stateimpact.npr.org/pennsylvania/2015/06/01/dep-fines-chevron-940k-for-fatal-gas-well-fire/


As the air grew foul Chevron gave the people in the surrounding area pizza which was not really appreciated too much. People just wanted the air back. See below:


https://www.cnn.com/2014/02/18/us/chevron-pennsylvania-explosion-pizzas/index.html


Chevron and other oil companies are killing Pennsylvania and other states by dumping fracking waste from PA everywhere:


https://www.fractracker.org/2019/10/want-not-waste-not-fracking-wastewater/


Like they did with oil waste in Ecuador Chevron is just dumping fracking waste on farmers' lands poisoning the water.


https://www.ehn.org/fractured-fracking-regulation-neglect-2650594611.html


I see people who are hurting that could use a good lawyer. I also see some good class action legal fees. I will have to pay PA a visit this summer.


https://www.ehn.org/fractured-series-on-fracking-pollution-2650624600.html


Chevron kills the land and water and everything that lives on it or in it all over the world:

In Ecuador Chevron’s above described actions will result in the extinction of five distinct races of indigenous peoples. One group – the Cofan have already been reduced to less than 1,500 people. From what the science indicates all of them have been poisoned and are awaiting the cancer. Mostly that’s the children.


Here is a boy that recently died in the Amazon. His race will go extinct because of Chevron.

As Donziger reports "So sad to learn that Secoya elder Delfin Piaguaje recently lost his son Benjamin (photo) to cancer due to Chevron's oil waste in the Amazon. Benjamin is the 3rd child of Delfin to die of cancer — a disease unknown in the forest until Chevron came." Delfin is the last Secoya Shaman. The Last of the Secoya. (The Donziger Files)


We will soon find out what they have done to people in Pennsylvania and other states.


As the story goes human rights lawyer Steven Donziger and his team hit Chevron for a 9.5 billion dollar class action judgment on behalf of the 30,000 poisoned people in Ecuador that are the victims of this slow motion genocide. These monies were to be used to try to clean up the mess and save lives.


By the way the case was heard in Ecuador because Chevron argued for years that Ecuador was where it was supposed to be heard and the Southern District of New York agreed as long as Chevron promised to abide by the decision of the Courts of Ecuador.


Then the Southern District of New York with the full aid of the Second Circuit and the United States Supreme Court not only took away the judgment; Donziger is now under house arrest and has been for two years. He just underwent a state sponsored criminal prosecution by Chevron’s law firm for contempt of court because he refused to give Chevron his cell phone and lap top – that’s privileged information. And he’s looking at 6 months in prison. On top of that they took his law license away. And he owes like a million bucks to Chevron. All of this for winning the case in Ecuador where Chevron forced them to try it in the first place. When big money goes to federal court things get shit senseless. (TM)


The Supreme Architect of all this murderously and cosmically corrupt mayhem is a federal district Court Judge named Lewis Kaplan.


The minute Chevron saw the writing on the wall in Ecuador – and knew that they would lose the case – they took all of their assets out of Ecuador and went back to the Southern District and said “we’re the third largest corporation in America so you better get rid of the judgment in Ecuador.” Quite miraculously the case ended up with Kaplan in a place where cases are supposed to be randomly assigned. Kaplan is a former Tobacco company lawyer who is well known for being “pro big corporation.”

Ladies and Gentlemen … cigarettes are perfectly healthy and actually good for you

Kaplan would argue back in his law youth.


(The Donziger Files)


This is man of empathy who engenders trust.


Here is what this supposedly neutral Judge told Chevron at the beginning of the proceedings:

The object of the whole game, according to Donziger, is to make this so uncomfortable and so unpleasant for Chevron that they'll write a check and be done with it. . . . So the name of the game is, arguably, to put a lot of pressure on the courts to feed them a record in part false for the purpose of getting a big judgment or threatening a big judgment, which conceivably might be enforceable in the U.S. or in Britain or some other such place, in order to persuade Chevron to come up with some money. Now, do the phrases Hobbs Act, extortion, RICO, have any bearing here?"

In other words -- according to Judge Kaplan -- Donziger sued Chevron and made them uncomfortable. A lawsuit by its nature is very uncomfortable. So what?


I was sued for beating a few guys in a night club. They hit me first when I nicely and even gently told them to leave. I was a bouncer. They were bullying some people that just wanted to have some fun. So I told them they had to leave and next thing I know three men in their early 20s are hitting me. I hit them back and they got brain damage. Blood literally flew out of the ears of one of them. I remember thinking this can’t really happen but it did. It was weird, but it never caused a nightmare or anything. I was more violent than they were and I was blessed by the God of Physics and Velocity. Not my fault.


And it was uncomfortable to be sued.


Oh the night club’s insurance company settled the case really, really, cheap even with the brain damage because the night club was smart. They had tons of video surveillance cameras showing six thugs attacking three bouncers that were not looking for a fight. A jury would have given them nothing.


But the legal point is this: A jury is important.


Its uncomfortable being poisoned and getting cancer too – I also saw that first hand with my father. He died. Cigarettes killed him. So I sort of link his death to Judge Kaplan. I’m funny that way. I always want to hate someone.


And all Donziger did was sue Chevron on behalf of the poisoned people who were and still are dying of cancer. But oddly enough Chevron did not get “uncomfortable” and “write out a check.” They spent years fighting the case and lost at trial. Then they calmly and comfortably took their assets out of Ecuador and ran away to Judge Kaplan – the accomplice to my father’s death – who told them to bring a RICO.


Which is what they did ... Chevron brought the RICO. Because if the Judge tells you to bring a RICO it means you’re going to win. The fix is in.


Of course Judges shouldn’t be giving legal advice to one of the parties before them. It’s not fair and impartial for a judge to favor one side. But Judges don’t care about that stuff. It has happened to me many times.


Judges want to reward big corporations and big law firms because down the road … right … You get it … Maybe your miscreant kid or grand child wants to be partner at a big firm like Gibson Dunn & Crutcher. Maybe there is a bank account in the Cayman Islands. I am not saying this happened and I am not saying that it did not.


Here are two of the key lawyers that helped Chevron get away with it. They mine as well have represented Hitler (hint): Gibson Dunn "lawyers Mastro and Champion: "Your firm billed millions to help Chevron escape justice for a slow-motion slaughter of Indigenous Amazonians. Is this the legacy you want to leave humanity? Secoya Ben Piaguaje is the most recent victim." [Two Legal Profession Nazis] (The Donziger Files)


But Chevron wanted to be sure they would win so they paid a disgraced former Ecuadorian Judge Millions of dollars to testify that the Ecuadorian judgment was the product of fraud. This disgraced former judge later admitted under oath before an international tribunal that he lied when he testified as to the above.


By the way Chevron found a legal loophole to avoid a jury so that Judge Kaplan could decide the case. That’s how come the Chevron paid off judge testified to Kaplan and not a jury.


Remember a jury is important.


Judge Kaplan did not care that Chevron’s witness that was paid millions of dollars by Chevron admitted that he lied when he said the judgment in Ecuador was the product of fraud. He admitted he lied about a whole bunch of other stuff too.

So what … means nothing.

Said Judge Kaplan – the accomplice to my father’s death.


And what did 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].

Like every gas station on earth is a Chevron gas station. Like 9.5 billion dollars would even phase Chevron. If I pulled into a Chevron gas station I would piss on the pumps. But if I pulled into a Chevron gas station before I knew about what genocidal Nazis they were – and they were closed – I would go across the street to the other gas station unless it was Exxon. If it were Exxon I would go across to the other side of the street and just use that gas station. Big deal.


Kaplan than proceeded to do every wicked and underhanded thing possible in the corrupt Nazi like show-trial that followed. He behaved like the cigarette company lawyer that he was.


This is a man of empathy who engenders trust. He is also an accomplice to my father’s death


I went to the latest Donziger event last night.


They’re held outside of his apartment building. The apartment he cannot leave. If he leaves you may recall his black ankle bracelet will inform the federal authorities who will come beat him and arrest him. He’s up about five or so stories and he looks down on the street from out of his window.

The event was star studded. My hero Roger Waters from Pink Floyd fame – and his solo career – was there. The great actress Susan Sarandon was there. They are always there. Famed lawyer and celebrity/radio personality Ron Kuby was there too. He’s Donziger’s pro bono – that means free – lawyer.


But as usual I just didn’t fit in. There were speeches from the above people and some local politicians. And a candle light vigil for the thousands that have died from Chevron’s poison. The wind howled and a thunderstorm blew over. Then the rain … And we huddled under the construction overhangs. Powerless rained on people – the victims of Chevron and the American corporate oligarchy.


For those who have read my prior pieces on this you know what I was thinking. Why aren’t we suing Chevron; and their lawyer Gibson Dunn; and the judges like Kaplan and Preska. Why aren’t we marching down to Wall Street and burning it. (You cannot arrest me for my thoughts -- well in the SDNY you probably could)


Then I saw fabled lawyer Ron Kuby and I approached him. I told him that the best shout out he ever got was in the movie The Big Lebowski. Kuby said that it was the best shout out he’d ever get. He’s a funny man.


Then given all that happened ... That a man was under house arrest not only at the behest of a corporation but by a corporation … And that the man would be going to jail … all for winning a case against Chevron for thousands of people they killed or were killing … and that this man who was facing a misdemeanor charge where the most time he could serve even if convicted was 180 days in jail and the longest sentence ever was a mere 90 days of home confinement … and that he had no prior contacts with the criminal justice system … and that he owned an apartment in Manhattan where he lived with his wife and adolescent son – that despite all of that and the $800,000.00 in bond that he put up … this day was his 700th day under house arrest … where people who were similarly situated would just be released without any conditions whatsoever – pending trial … and that Judge Preska ordered the home detention because she said that Donziger was a flight risk … such a shit senseless (TM) ass clown argument. (TM) (the phrase "ass clown" was invented by me and trademarked -- so if you want to use it you have to ask my permission and pay me] See the below picture and you’ll see why this happened:


Judge Preska is big with the Federalists (QAnon for lawyers); and Chevron and their Law Firm Pay the Federalists big money (The Donziger Files)


Given all of the above I said:

Mr. Kuby this is kind of radical. But bear with me. Okay … but this is a bit radical … What if we had Mr. Donziger leave his apartment. And go wherever he wanted to go. And we surrounded him with say 100 men like me. All armed. And when the federal authorities come to get Donziger we tell them to leave. And if they don’t leave … we open fire on them.

Well Ron Kuby looked at me like I was shit senseless (TM) and an ass clown (TM). And this is what Ron Kuby said:

That’s a stupendously bad idea.

Then he had to shake some hands. But he got back to me and explained.

That’s a stupendously bad idea. You don’t fight the government with force. I don’t want to get shot. Steven [Donziger] doesn’t want to get shot.

I tried to explain that given Kuby’s limited size … age … limited intimidation factor … and an obvious aversion to violence he wouldn’t be on the front lines so to speak. I tried to explain that Donziger would be someplace protected since the whole purpose of the armed uprising was to protect him. Kuby could just hunker down with him. But Kuby would have none of it. He was on a roll:

I don’t want to die. They will riddle Steven [Donziger] with bullets. Steven [Donziger] doesn’t want to die. Steven [Donziger] doesn’t want to go to jail.

I remember thinking as I couldn’t get in a word edgewise: Geez, if someone tries to take away your liberty for no reason other than to punish you for doing something moral, just and legal – isn’t that a good enough reason to die. They’d have to kill me … But Kuby was still hot:

I counseled the Hells Angels not to use force against the Government.

He stopped to take a breath and I quickly asserted:

But Thomas Jefferson said the tree of liberty must be refreshed my new blood every so often.
Kuby: He said “the blood of tyrants” … not my blood.
Me: I think it was blood in general. To get tyrants to bleed some good guys are going to bleed too.

Later I called my 18 year old son who is the best high school quarterback in New York and a three time state karate champion (I trained him) (he's blessed by the God of Physics and Velocity) and I asked him. He said:

Dad it’s the blood of patriots and tyrants.

Here is the exact quote;

The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants …

Thomas Jefferson to William Smith, Paris Nov. 13. 1787.


So Ron Kuby is smart. But I’m even smarter. And my son is the smartest.


I think Ron Kuby was at the “Storm Area 51” event that fizzled out to nothing. Here is why it fizzled. Kuby talked everyone out of storming Area 51.

Listen you don’t want to get shot. I don’t want to get shot. There is nothing in there worth dying for.

No … I’m kidding. Kuby wasn’t even there -- I think. Maybe? But everything else really happened.


In any event they started lighting candles in the rain. So I quickly turned to Kuby and I said:

Quick. Mr. Kuby … who wrote "Candles in the Rain."

And the fucker nailed it man.

Kuby: Melanie.
[I gave him a huge high 5]
Me: Fucking excellent. You got it. I didn’t know what I thought of you, but now I think you’re great.

He was into it. Well done Ron Kuby.


Candles in the Rain is indeed a song by a writer performer called Melanie. She was young and beautiful when she sang it. She’s old now. Even older than me. It was a hippie anthem and one of the great Woodstock moments. They made a video for it many years before MTV. Here it is. It reminds me of the Donziger crusade.



Then someone handed me a big basket with candles and asked me to hand them out to the rest of the crowd that didn’t have them yet. Me of all persons. So I was handing out candles and helping people light them … during this solemn vigil … when all I could think about was the use of completely justified violence; a real insurrection, not the wimpy January 6 one; and war.


But everybody got a candle. And it looked like this:


https://twitter.com/SDonziger/status/1413627084535214082/photo/1


Kuby made his rounds and then came back to me to shake my hand and tell me he was leaving.


Good bye Mr. Kuby. I don’t know if we’ll ever meet again.

Then an older cop started yelling for the people to “disperse.” I walked up to him. You see cops and fascists generally like me because I look like them. I’m big. 6’4” tall and weigh 250 pounds. I lost my hair so my head is shaved. And I am so white.


So I told the cop.

Listen … don’t worry about these guys. They’re all professionals and old or children. Environmentalists. They’re not radical like Antifa or BLM.

Come to think of it I don’t know why saying its wrong for cops to shoot innocent black people is radical. I don’t know why being opposed to fascists is radical either. But America is shit senseless (TM) and I wanted to soothe the cop.


But the cop would have none of it. The old cop growled:

I know these people. They don’t have a permit.

For cops all over America Chevron, pollution and cancer are law and order. So is choking someone to death.


In any event I am not part of the Donziger crowd. I am not even on the fringe of the Donziger crowd. I have nothing in common with the Donziger crowd or anyone in America. I believe in the God of Physics and Velocity. They don’t.


But I will tell you this. If this country will ever be just and fair … it never really was just and fair – we’re going to have to spill a lot of blood of tyrants and patriots. Or some other country -- or virus -- will do it for us and to us.


I strayed … let me get back to the scholarly essay I was writing:


***

How do Judges get away with extreme corruption and literal murder in the United States every single day? It’s called “immunity.” No matter how evil a judge intentionally acts you cannot sue that judge. And good luck getting rid of the judge. Judge Kaplan is a life time appointee. The only way to get rid of Judge Kaplan would be impeachment. Sure. Like that would ever really happen.


THE DEGENERATE HISTORY OF JUDICIAL IMMUNITY


When I was fifteen years old, I had a real bad pain on my right side. . . . [I] was admitted into the hospital and my mother told me I was going in for an appendectomy. . . . Then the shots came. I kept hearing the nurses say, “make sure she is really out. If she finds out what’s really going on, she will run.” This all took place in a small room. I can remember the men all in their green gowns. They laid me on the table. I was crying for my mom but she wasn’t there. I saw this door that had two windows and I looked up to yell again, and when I did, a man in a green gown put a black mask on my face and told me to count backwards. Everything went black.

Linda Spitler


Linda Spitler was sterilized pursuant to an ex parte court order that her mother had obtained a few days earlier from Judge Harold D. Stump of the DeKalb County Circuit Court in Auburn, Indiana. Years later, Linda married Leo Sparkman and learned of her condition after failing to conceive a child.


Linda Spitler sued the judge, her mother, and the physicians involved in the sterilization in federal court for violating her civil rights and other abuses. One would think that it was an open and shut case. You cannot just go around sterilizing citizens without their consent. This is – after all – America … Home of the free.


The problem is that this is America. And horrible things that aren’t supposed to happen are the norm in America. In fact some might say that


this whole county is a horrible thing that wasn’t supposed to happen.

So the trial court dismissed Linda Spitler’s suit before any trial, reasoning that Judge Stump was clothed with absolute judicial immunity and that his elimination from the case removed the necessary element of state action, requiring dismissal of the private defendants as well. It was shit senseless. (TM)


Sparkman – the husband that could not conceive a child with his beloved wife Linda because of this Nazi like American atrocity – took the question of the judge’s immunity all the way to the Supreme Court of the United States. I have demonstrated this Court to be a very evil place that makes it possible for nut cases that abound in America to use assault rifles to kill little children in their school class rooms. See below:


Ultimately, the Supreme Court held that judges acting within their jurisdiction are absolutely immune from liability for their judicial acts, even if their exercise of authority is done maliciously or flawed by the commission of grave procedural errors. Stump v. Sparkman, 435 U.S. 349, 364 (1978). It was a shit senseless decision. You see we are a country of Nazis, but it is just getting started.


The judicial immunity doctrine began in the Supreme Court’s 1871 decision, Bradley v. Fisher. 80 U.S. (13 Wall.) 335 (1871). Bradley was the defense counsel for John Surratt, one of the accused co-conspirators in Abraham Lincoln’s assassination. [Everybody deserves a defense] Judge Fisher had disbarred Bradley from practicing before the Supreme Court of the District of Columbia for allegedly insulting and threatening to assault him during Surratt’s trial. I like this guy Bradley already.


The Supreme Court of the United States, on a writ of mandamus, held that Judge Fisher, a judge in the criminal court, acted in excess of his jurisdiction to disbar Bradley from the Supreme Court of the District of Columbia and ordered his reinstatement.


Judge Kaplan probably knew about this case because he did not have Steven Donziger disbarred. Rather Kaplan had his brethren miscreants at the Appellate Division of the First Department do that, after he tipped them off that Donziger did some bad things -- according to a corrupt judge that Chevron paid millions of dollars to and who later admitted he lied.


No … No … Kaplan did not tell the First Department the part in italics – I don’t think … at least not formally … but maybe at a party over some drinks and a good laugh:

hey I really fucked that guy up shit senseless. (TM) You don’t sue Chevron – they’re important because they sell lubricants.

Anyway Bradley – after his license was restored – brought an action for money damages against Judge Fisher. The Supreme Court of the United States denied Bradley’s claim for damages, announcing a sweeping rule of absolute immunity for judges in their official capacity. Distinguishing judicial acts “in excess of jurisdiction” from judicial acts taken “with clear absence of all jurisdiction,” Justice Field wrote that “judges . . . are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.” In other words judges are immune from all civil liability for any judicial act, unless there is “a clear absence of all jurisdiction over the subject matter.”


Justice Field justified this broad rule on three grounds: its alleged longstanding existence in Anglo-American common law, its necessity in protecting judicial independence, and the existence of alternative means, such as appeal and impeachment, as adequate for redressing litigant grievances.


Of course if you Appeal a Decision of the Southern District in favor of a powerful corporation in the Second Circuit the Second Circuit will deny your appeal and threaten you with sanctions. And once again good luck getting anyone impeached as we have seen twice as of late.


So Field was blowing smoke and hot air as most miscreant judges will do from time to time or perhaps all of the time. Field was an ass clown. (TM)


Finally poor Linda Spitler could never recover her ability to bear a child through an Appeal.


The first state to pass a compulsory sterilization law was Indiana, where the events that gave rise to Stump v. Sparkman occurred. The 1907 law provided compulsory sterilization for “criminals, idiots, imbeciles and rapists.” The Indiana Supreme Court overturned the law in the 1921 case of Williams v. Smith, finding it unconstitutional under the Fourteenth Amendment because it lacked procedural safeguards.


But Indiana is a conservative Christian state so it passed another compulsory sterilization law in 1927 – this time with procedural safeguards including notice, hearing, and appeal rights. Indiana’s program included identifying the state’s “feebleminded.” Most of the individuals designated were among the rural poor. Nice stoic good Christian stock in Indiana. Nary a Moslem in sight.


In the same year, the United States Supreme Court upheld Virginia’s compulsory sterilization law in Buck v. Bell, 274 U.S. 200 (1927). According to the Court, Carrie Buck was “a feeble minded white woman who was committed to the State Colony . . . She is the daughter of a feeble minded mother in the same institution, and the mother of an illegitimate feeble minded child.” The Court took pains to describe her as “white” – almost like saying “hey we do evil things to white people too, so don’t complain dark person.”


However like Linda Spitler, although described as “feeble minded,” Carrie Buck had no cognitive disabilities and neither did her daughter. She did bear an “illegitimate” child, but so what. [So did my girlfriend – we weren’t married yet – and we have a wonderful son who received numerous scholarships to colleges and is an All County Quarterback] [John Snow in Game of Thrones was “illegitimate” because his parents never married] Further Carrie Buck’s pregnancy resulted from a rape by the nephew of her foster parents. The Supreme Court, in an 8–1 decision written by Justice Oliver Wendell Holmes, upheld the law’s constitutionality, noting that it was necessary to prevent “being swamped with incompetence.” Holmes famously pronounced: “Three generations of imbeciles are enough.”


Like most judges from time to time or nearly all of the time Holmes was lying when he wrote Buck v. Bell.


Funny but it is a small world. As described it was the assassination of Lincoln that gave rise to judicial immunity. The above Oliver Wendell Holmes – author of Buck v. Bell – once called President Lincoln an “imbecile” to his face – the same term he falsely used to describe the Buck women. It was during the defense of a fort right outside Washington against invading confederates – not January 6, 2021 but back in 1864. Lincoln stood on the parapets – with the characteristic tall black stove top hat – as bullets whizzed by him killing officers. Holmes a very young private yelled at Lincoln to “take cover you imbecile.” Apparently Holmes loved the word “imbecile.” Perhaps he was the real “imbecile.” He was certainly a miscreant and an ass clown.(TM)


Oh my goodness will I get in trouble for saying that about a revered Justice of the Supreme Court.


With the Supreme Court’s approval of sterilizations, the practice became common place. Between 1907 and 1931, twenty-seven states passed sterilization laws.


Sterilizations of people with mental disabilities were permitted throughout the twentieth century. For example, Indiana’s 1927 sterilization law was amended several times and not repealed until 1974, three years after Linda Spitler’s sterilization. Indiana’s law was a “benchmark for the rest of the nation,” with more than thirty states following its lead and passing compulsory sterilization laws. State compulsory sterilization laws targeted different kinds of people. Some states identified the “crippled, blind, degenerate, and deficient,” while others picked “paupers and the criminalistic.” Historian Paul Lombardo explains, “[I]n all states those most likely to be sterilized were poor people living in state institutions.” Many of the people subject to these laws were considered “poor white trash” or “misfits” by social workers or doctors. The term “feeble minded” was a catchall linked as closely to poverty and perceived antisocial behavior as actual mental disability. As one commentator explains, “Often, these authorities never actually tested the victims for mental disability.”

A Sordid Case”: Stump v. Sparkman, Judicial Immunity, and the Other Side of Reproductive

Rights, Laura T. Kessler, 74 Md. L. Rev. 833 (2015).


As a result of the miscreants that decided Buck v. Bell 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. The true mentally deficient were rarely targeting as evidenced by the fact that there were people who passed these laws; courts that enforced them; and doctors and nurses that performed the procedures.


America was NAZI before there were NAZIs.


And we're still doing it:


https://www.theguardian.com/us-news/2021/jul/19/california-forced-sterilization-prison-survivors-reparations?CMP=oth_b-aplnews_d-1


Here is a portion of the above story:

It wasn’t until years after Kelli Dillon went into surgery while incarcerated in the California state prison system that she realized her reproductive capacity had been stripped away without her knowledge.
In 2001, at the age of 24, she became one of the most recent victims in a history of forced sterilizations in California that stretches back to 1909 and served as an inspiration for Nazi Germany’s eugenics program.
thousands of people ... were sterilized in California institutions, without adequate consent, often because they were deemed “criminal”, “feeble-minded” or “deviant”.
The investigations sparked by her case, which is featured in the documentary Belly of the Beast, showed hundreds of inmates had been sterilized in prisons without proper consent as late as 2010, even though the practice was by then illegal.

Try suing the United States Supreme Court. I believe they believe they are immune.


CONCLUSION


Many years ago a young Roger Waters spoke to God when he wrote this:


Tired of lying in the sunshine, staying home to watch the rain.

You are young and life is long, and there is time to kill today

And then one day you find ten years have got behind you

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


And you run, and you run to catch up with the sun but it's sinking

Racing around to come up behind you again

The sun is the same in a relative way but you're older

Shorter of breath and one day closer to death

Every year is getting shorter, never seem to find the time

Plans that either come to naught or half a page of scribbled lines


What kind of genius writes that as a young man?


Forty years – not a mere ten – have gone behind me and it seems I’ve missed the starting gun. Now every year is literally shorter. Days are like moments. And all my plans have come to naught.


My parents have both passed: my father horribly from cancer. I still can’t cry for my mother because it hurt so badly. My niece who was raised as my little sister died in that surreal January of 2021 – she was so young … A victim of the opioid crisis … And a federal court is letting the billionaires who caused it off the hook. My son has gone off to college. And I really don’t get along with anyone and I never will. “Bipolar with rage overlay” I’m told by the medical profession. I don’t believe in medications for that sort of thing.


I am who I am supposed to be: a fucking mutant.


As a song from the 90s said “I have become cumbersome.”


The Donziger movement is fond of saying … and it is totally true … that Chevron and friends are persecuting Donziger to stop people from going after Chevron and the other planet wreckers in the future.


Except for my child I really don’t care about the planet anymore. I’d like it to be nice as possible in his life time. But the beauty will die. The species will go extinct. And so will we … It is inevitable. When you’re going to die soon anyway you can accept the death of the entire planet once your progeny has left it.


But the sun will burn for billions more years. And in a geological blink of time all vestiges of us will be gone. Life will begin anew. And from rats and roaches beauty will once again rise. Maybe this time nature will get it right and human like creatures will never be born. Then the sun will go supernova … and so on and so forth until even the atoms decay (in 20 billion years -- give or take a year or two) and there is quite literally nothing.


It was all so shit senseless. (TM) Wasn’t it?


For me in my days still left I am going to try to walk in Donziger’s shoes so that maybe Chevron and friends come after me. And on my last day I will show them the God of Physics and Velocity. I have nothing better to do with my time. And I don’t have a single thing to lose anymore … do I.


BTW look at this Ass Clown (TM):

Mike Wirth a.k.a. The New Hitler and Chevron CEO: Murder By Numbers $$$ (What a dick)(He is very mortal and needs to be shown God)


Meanwhile as Monty Python told us in The Life of Brian – “Look on the bright side of life”



Oh my … I utterly failed to write a scholarly piece.


Post Script: On July 26, 2021 Judge Preska convicted Steven Donziger. He awaits his sentencing and appeal under continued house arrest. People are dying of Chevron cancer in Ecuador, Nigeria and the United States. America has been a fascist nation for decades. But July 26, 2021 is the official date when America became fascist. But remember another song:


I am not your rolling wheels I am the highway I am not your carpet ride I am the sky
I am not your blowing wind I am the lightning I am not your autumn moon I am the night The night

Chris Cornell (RIP)


Updated: Jul 29


Only 1,500 of this Beautiful Race and Culture Remains: Chevron Has Poisoned All of Them with the Help of American Judges (These Children are all being painfully eaten by Cancer as you read these words)


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.


Sting suggests poison as an efficient way to kill: But he never imagined the Genocide Judges and Chevron


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) 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) (The name has since changed)


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) (The name has since been sanitized)


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)(The name is now more harsh)


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. Chevron will go loco on you hermano. They don't want to fuck up the beautiful pristine Amazon which are the fucking lungs of the earth ... que 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 an angelic baby mermaid ... as the Cofan had done for thousands of years in that pristine river of life. Later at home the angelic mermaid began to vomit blood. By the next day she was dead. A six year old little girl. 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." Americans don't care.


Chevron, their lawyers, and the judges they carry in their back pocket, are all guilty of genocide. Americans don't care.


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. Nazi 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.