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:
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:
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:
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.
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:
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)
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.
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:
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:
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