• rayzuppa

THE MALIGNANT DEGENERACY OF THE 2ND CIRCUIT

Updated: May 9

"Fascism should more properly be called corporatism, since it is the merger of state and corporate power." -- Benito Mussolini

PART I: STEVEN DONZIGER AND CHEVRON’S ECOCIDE


This is a multi-part series that discusses the astonishing “Kafkaesque” struggle of Human Rights Lawyer Steven Donziger who dared to win a case against a corporate killer


PRELIMINARY STATEMENT


America is a land of crucifixion.


When Columbus first arrived in the New World he was greeted by friendly natives. In his own words:

They ... brought us parrots and balls of cotton and spears and many other things ... They willingly traded everything they owned ... They were well-built, with good bodies and handsome features .... They do not bear arms, and do not know them, for I showed them a sword, they took it by the edge and cut themselves out of ignorance. They have no iron. Their spears are made of cane. ... They would make fine servants. ... With fifty men we could subjugate them all and make them do whatever we want.

***

As soon as I arrived in the Indies, on the first Island which I found, I took some of the natives by force in order that they might learn and might give me information of whatever there is in these parts.

To give thanks to God for his successful journey Columbus crucified 13 of these natives – one for each of the 12 Apostles and another for Jesus. He did this in a very uniquely cruel way that has defined the Americas. Around their necks the natives wore nooses. At their feet Columbus built fires. They could choose between crucifixion and suffocation or crucifixion and burning. As they switched the agony was unspeakably prolonged. We have not changed much since.


Columbus had two goals in the Caribbean: to find gold and slaves. Columbus returned home to Spain and came back to the Caribbean with 17 ships and 1,200 men. His men traveled from island to island, taking Indians as captives. In 1495, in a large slave raid, Columbus and his men rounded up 1,500 Arawak men, women, and children, and put them in pens. They selected what they considered the best natives and loaded them onto ships back to Spain. Two hundred died en-route. After the survivors were sold as slaves in Spain, Columbus later wrote: "Let us in the name of the Holy Trinity go on sending all the slaves that can be sold." And so Christianity goes.


Bartolome de las Casas, a young priest who participated in the conquest of Cuba and wrote a history of the Indies, describes the treatment of the natives: “Endless testimonies ... prove the mild and pacific temperament of the natives. ... But our work was to exasperate, ravage, kill, mangle and destroy; … the Spaniards thought nothing of knifing Indians by tens and twenties and of cutting slices off them to test the sharpness of their blades … two of these so-called Christians met two Indian boys one day, each carrying a parrot; they took the parrots and for fun beheaded the boys."


The Spaniards hung, crucified or burned natives that they took captive. By this point, the Arawaks began committing mass suicides. They fed cassava poison to their infants to save them from the Spanish. In two years, half of the 250,000 natives on Haiti were dead, either through murder, mutilation or suicide. By 1550, there were 500 natives. By 1650, the Arawaks had been wiped out from the island.


From rape, to pillage, to flat-out murder, Columbus and his men were the first Europeans to commit horrendous atrocities against America’s indigenous people.


Now it’s the turn of the corporations and their judicial allies.


Modern America – the former country of slaves and genocide of its own indigenous peoples – is a place of violence: mass shootings; the killing of unarmed black men and women on the streets and even in their own apartments by the police; gangs; white nationalist militias; the Klan; and lynching. The degeneracy that is America knows no bounds. America leads the world in serial killers with FBI data pointing to 50 such active mass murdering sexual degenerates in the United States today. We have lived with violence and depravity our whole lives.


I fear what occurs in our Courts is far worse.


And now there is a different kind of violence to add to the physical violence – the violence to our psyche: The denial of Covid as hundreds of thousands of Americans died and the federal government did nothing; the lie that the election was stolen; the depravity that was our president; the storming and debasement of our Capitol by thugs wearing “Camp Auschwitz” sweat shirts that defecated in what was once considered hallowed ground.



Under the God


We tolerate the QAnon miscreants. And we follow the orders of degenerate frat boy judges without question despite school shooting after school shooting.


Like the citizens of Nazi Germany we have lost our ability to be astonished. Nothing disgusts us any longer. We just let it happen.


And in America what happens no longer matters. All that matters is what someone says happened. And nowhere is that more dangerous than in our Courts.


Then there is the matter of Steven Donziger that strips bear any vestige of belief in justice. The tragedy that is Steven Donziger is a tragedy of many levels: the tragedy of genocide; ecocide; the destruction of democracy; the rot and corruption of our judicial system; and in the end the poisoning of our entire planet.


It is all playing out in a single courtroom … before a single atrocity of a judge … in a building … in Manhattan … as if that courtroom were the center of the University. It is called the Southern District of New York. 500 Pearl Street, New York, NY. It is a place of violent debauchery; and ultimately a place with enough power to debase an entire planet.


I am a lawyer. I practice in that Court House. Unlike all the other lawyers that are mere bystanders to the Donziger matter I have the courage to speak out despite possible repercussions that will be very clear. I have to speak out.


Shame on all the lawyers who have not spoken out.


But I am not afraid because if you’re different enough, the night is not your enemy, the darkness is not intimidating, the shadows are not terrifying. You fear nothing.


For all who complain of how unjust the Courts in the Southern District have become, but refuse to speak out I have a reminder:


First, they came for the Communists And I did not speak out Because I was not a Communist
Then they came for the Socialists And I did not speak out Because I was not a Socialist
Then they came for the trade unionists And I did not speak out Because I was not a trade unionist
Then they came for the Jews And I did not speak out Because I was not a Jew
Then they came for me And there was no one left To speak out for me

Martin Niemöller (as posted in the United States Holocaust Memorial Museum)


STATEMENT OF THE CASE


1964: Texaco (now Chevron), discovers oil in Ecuador's northeastern Amazon Basin, the "Oriente."


1967-1992: Texaco (Chevron) conducts drilling operations, ignores normal waste regulations, and dumps some 16 billion gallons of toxic wastewater into rivers and pits, polluting streams, groundwater, and farm land.


1992: When oil production ceases, Texaco (Chevron) abandons the fields, leaves behind over 900 carcinogenic waste pits, and leaves indigenous inhabitants with destroyed land, polluted water, and an epidemic of cancer and birth defects.

1993: Steven Donziger, a recent Harvard Law School graduate, accepts the victims' case, working with the plaintiffs' Ecuadorean lawyers and Ecuador's Frente de Defensa de la Amazonía (FDA)

1993: A 30,000-member class-action lawsuit is filed against Texaco in New York Federal court, to hold Texaco accountable; Chevron later bought Texaco, fought to shift the case to Ecuador, and promised to accept jurisdiction there.

1995: Texaco stages a sham "clean-up" of less than 1% of the damage, covering toxic pits with dirt.

1998: Texaco (Chevron) lobbyists convince Ecuador government officials to sign a "release" of liability, citing their fraudulent, sham "clean-up," which does not, however, apply to individual plaintiffs and devastated communities.

2000: Chevron buys Texaco.

2001: Chevron insists the class-action liability case be moved from the US to Ecuador.

2003: Trial process begins in Ecuador to claim damages from Chevron.


2008: Rep. Jim McGovern, co-chair of the bipartisan Tom Lantos Human Rights Commission, becomes the only Member of Congress to visit the cancer zone in Ecuador.

2009: Chevron hires notorious "corporate rescue" law firm Gibson-Dunn, previously censured by England's High Court of Justice for fabricating evidence. Judges in California, Montana, New York, and elsewhere had censured Gibson-Dun for witness tampering, obstruction, intimidation, and “legal thuggery” against adversaries and their lawyers.

2009: Donziger testifies before Congress on Ecuador case.​


2009: Crude, film with Trudie Styler, released at Sundance, drawing widespread attention.





2010: Gibson-Dunn, on behalf of Chevron, launches an attack against the victims, their lawyers, and media, before corporate-friendly Judge Lewis Kaplan in New York. Kaplan forces filmmaker, Joseph Berlinger to turn over 600 hours of outtakes from his 2009 documentary, "Crude: The Real Price of Oil." Kaplan ridicules the journalist’s request to protect confidential sources.

2010: Gibson-Dunn lawyer Randy Mastro uses Kaplan's court to insult the Ecuador judicial system, calling the Ecuador judgement “a sham.” Kaplan mocks the Ecuadorian court and refuses to allow their input. Kaplan referred to the 30,000 class-action victims as “so-called plaintiffs,” claiming that their “standing in this matter is debatable."


2011: In Ecuador, after eight years and overwhelming evidence of pollution and harm to individuals, communities, and Amazon ecosystems, the Ecuador court issues an $18-billion judgment against Chevron, on behalf of 30,000 victims. The decision is later confirmed by Ecuador’s Supreme Court (Court of Cessation).

2011: In response, Chevron sells its assets in Ecuador, flees the country, refuses to pay, and threatens the victims with a “lifetime of litigation.”


2011: Chevron reveals in a private memo that their “L-T [long-term] strategy” to undermine international enforcement efforts is to “demonize” Mr. Donziger. In New York, Chevron files a RICO (racketeering) case against two Ecuadorean plaintiffs — Secoya Indigenous leader Javier Piaguaje and farmer Hugo Camacho — and their American lawyer, Steven Donziger. Chevron's friendly Judge Kaplan accepts the case.


Here is the story of Steven Donziger largely as reported by Pulitzer Prize winning journalist Chris Hedges. I am shamelessly quoting word for word much of Hedges story to get the facts to you quickly in this installment – where the words are my own please do not fault Hedges. Later installments will contain my own experience with the Courts as it relates to Mr. Donziger and the law – or lack thereof in the Second Circuit which Circuit oversees and really coddles its lower courts – the Southern District included.


Here is the Hedges story from which much of this information emanates – but as corroborated by Court filings that I have reviewed and simply do not have time to formulate into what Hedges has already done.


https://scheerpost.com/2020/08/25/how-corporate-tyranny-works/


Steven Donziger has been under house arrest in Manhattan for almost two years. He will go to trial in federal court in New York on May 10, 2021 on contempt of court charges, which could see him jailed for six months. Ever since he won a multibillion-dollar judgment in 2011 against the oil giant Chevron, the multinational has come after him personally through litigation that has destroyed him economically, professionally and personally.


“Our L-T [long-term] strategy is to demonize Donziger,” Chevron wrote in an internal memo in 2009.


Look you can even see it in their emails that discuss this demonization tactic:


https://chevroninecuador.org/assets/docs/2009-03-26-gidez-email-re-demonize-donziger.pdf


It started when Texaco went into Ecuador in the Amazon in the 1960s and cut a sweetheart deal with the military government then ruling Ecuador. Over the next 25 years, Texaco was the exclusive operator of a very large area of the Amazon that had several oil fields within this area, 1500 square miles. They drilled hundreds of wells. They created thousands of open-air, unlined toxic waste pits where they dumped the heavy metals and toxins that came up from the ground when they drilled. They ran pipes from the pits into rivers and streams that local people relied on for their drinking water, their fishing and their sustenance. They poisoned this pristine ecosystem, in which lived five indigenous peoples, as well as a lot of other nonindigenous rural communities. There was a mass industrial poisoning. When the indigenous peoples who were living prosperous lives complained Texaco officials continually told them that the oil was like milk – it had vitamins.


By the time Donziger went to Ecuador in the early 1990s, many people had died, cancer rates were skyrocketing. But there was zero regard for the lives of the local people by Texaco. “It was like looking at an apocalyptic scene. There was oil on the roads. People were living in abject poverty. They had no shoes. They would get oil on their feet when they walked along the roads. The oil pollution had permeated every aspect of daily life. It was in the food supply. It was in the water supply. It was in the air. The average person there would get exposed multiple times a day to very harmful, cancer-causing toxins, with foreseeable results.”


Donziger, with other lawyers, filed a lawsuit in New York against Texaco. “The reason we filed in New York was because Texaco’s headquarters were in New York in 1993. The decisions to pollute in Ecuador, to play God to the people of Ecuador, were made in New York. We sued in New York. Texaco tried to get the case back to Ecuador where they had never been held accountable, where they knew the indigenous peoples had no money or resources to find lawyers.”


They thought it would just go away. Over a 10-year period, Donziger and his colleagues battled to get a jury trial in the United States. Ultimately, Texaco won that part of the battle. The case went down to Ecuador where Texaco wanted it.


Donziger started working with a team of Ecuadoran lawyers in the early 2000s. “We went forward with the lawsuit. We produced voluminous scientific and testimonial evidence, showing that they caused probably the world’s worst oil pollution. It was called the ‘Amazon Chernobyl’ by locals and experts. They dumped 16 billion gallons of toxic waste. They did it deliberately to save money. This was unlike the BP spill in the Gulf of Mexico, which was a terrible accident, even though it was a product of horrendous negligence by BP. This was done by design to pollute, knowing that people would die, and that indigenous groups would be decimated, and that this beautiful part of the Amazon would be destroyed.”


The refusal to abide by even minimal environmental regulations saved Texaco an estimated $3 on every barrel of oil produced over 26 years (1964-1992) or an estimated extra $5 billion in revenue. The hundreds of waste pits the company eventually abandoned in Ecuador, on average, contain 200 times the contamination allowed by typical global standards.


During this process Texaco was purchased by California based Chevron oil: a corporation with an extensive history of industrial pollution both world-wide and in the United States; a corporation who in the final analysis has poisoned and killed countless people including many Americans.


Chevron controlled the legal system in Ecuador with their influence. Donziger’s team needed to operate across different platforms, including engaging with the media and carrying out significant public education. Most Ecuadoreans, other than those who lived in the region, knew nothing about the pollution that had been happening in their country. “We carried out zealous advocacy in the public arena. We realized that the indigenous people would never get a fair trial in Ecuador if they did not illuminate what had happened to them and get public support.”


“The fact that I am detained shows how far we’ve come and how much risk Chevron feels. It’s not a sign we lost. It’s the opposite.”


Both the judge who oversaw its lawsuit against Donziger for “racketeering” and Chevron itself “claim that this type of activity is wrong. The irony is that what we were doing is what the big oil companies have always done. They always operate in the public relations domain, lobbying Congress to pass legislation to extinguish various legal claims, meeting political leaders behind the scenes. They operate across every platform they can find to exercise their power. We were smart enough to meet them toe-to-toe wherever they were operating and neutralize their ability to undermine the fairness of the trial. That’s how they operate. They try to control court systems.”


They filed thousands of motions. But Donziger’s team stood strong.


In the end, they won a stunning victory, a rare moment of accountability for first-world conglomerates who rape the environment of developing nations by exploiting weak, corrupt governments.


“The verdict came down, about $18 billion in favor of the affected communities, which is what it would take at a minimum to clean up the actual damage and compensate the people for some of their injuries. That eventually got reduced on appeal in Ecuador to $9.5 billion, but it was affirmed by three appellate courts, including the highest court of Ecuador. It was affirmed by the Canadian Supreme Court, where the Ecuadorians went to enforce their judgment in a unanimous opinion in 2015.”

Chevron, as the evidence mounted against it, sold their assets in Ecuador and left the country. The corporation threatened the plaintiffs with a “lifetime of litigation” if they attempted to collect, and, according to internal Chevron memos, launched a legal and media campaign that has cost an estimated $2 billion to prevent payment of the settlement and to demonize and destroy Donziger.


Chevron, which had left Ecuador, went back to the New York court, where Donziger had originally filed the lawsuit before Chevron got a change of venue to Ecuador, and sued him, using a civil courts portion of the federal law famous for breaking the New York Mafia in the 1970s, the Racketeer Influenced and Corrupt Organizations Act.


“They sued me as a civil racketeer, under a civil RICO statute for $60 billion.”


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, according to court documents. 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 man who made a fortune swearing that cigarettes did not cause cancer, emphysema, heart disease and every other malignancy that tobacco causes.


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. He tried to treat it like a national-security kind of case to try to demonize Donziger.


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

And Judge Kaplan, who knows all the tricks in the books because he used to work for tobacco company Brown & Williamson. He knows the tobacco industry playbook that they used for years and years and continue to use. And he worked with the Chevron lawyers at Gibson, Dunn & Crutcher to implement them against Donziger without a jury. And there was nothing Donziger could do about it.


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.


Accomplice to Murder: Tobacco Company Lawyer and Oil Company Judge


John Keker, one of Donziger’s lawyers on that case, said he was up against 160 lawyers for Chevron and during the trial he felt “like a goat tethered to a stake.” He called the court proceedings under Kaplan “a Dickensian farce” and a “show trial.”


In the end, Kaplan ruled that the judgment in the Ecuadorean court against Chevron was the result of fraud.


Kaplan also ordered Donziger to turn over decades of all client communication to Chevron, in effect eradicating attorney-client privilege, a backbone of the Anglo-American legal system with roots dating to ancient Rome.


Donziger appealed what was, according to legal experts following the case, an unprecedented and illegal order. While Donziger’s appeal was pending, Kaplan charged him with criminal contempt for this principled stance, as well as his refusal to turn over his passport, his personal electronics and to refrain from seeking the collection of the original award against Chevron.


When his criminal contempt charges against the environmental lawyer were ignored by the U.S. attorney’s office for over five years, Judge Kaplan, using an exceedingly rare judicial maneuver, appointed the private law firm of Seward & Kissel, to act in the name of the government to prosecute Donziger.


Neither the judge nor the law firm disclosed that Chevron has been a client of Seward & Kissel. Kaplan specifically selected Rita Glavin from the firm to act as prosecutor in their case against Donziger. Lawyers for Donziger would discover that Ms. Glavin's law partner was a former member of Chevron's Board of Directors.


Glavin herself is a piece of working coming from the Southern District of the US Attorney’s Office – a place that makes gross prosecutorial misconduct an everyday practice. Glavin is infamous for being part of the legal team that flaked former Alaska Senator Ted Stevens. The prosecutorial misconduct on Glavin’s part -- hiding exculpatory evidence -- was so intense that the Court reversed the conviction of Stevens and the Government decided to just disappear. The damage was done. Stevens lost his re-election bid. But Glavin was never reprimanded.


Shed no tears for the criminal former U.S. Attorney of the Southern District Preet Bahara who I personally know would indict a ham sandwich and the wrapper it came in for a headline. I sued him for it and almost lost my license because of it. [That story is coming later]


Lately Glavin can be found representing pervert Governor Andrew Cuomo with regard to the ongoing investigation of his sexual misconduct. Cuomo is also under investigation for covering up the fact that he sent the elderly to nursing homes that were little more than Covid death camps.



Cuomo and His Chevron "Eva Braun" Rita Glavin


Kaplan also violated the established random case assignment protocol to personally assign Loretta Preska, a member of the right-wing Federalist Society, to hear the case. Chevron is a major donor to the Federalist Society.


Preska, in a show of bias, characterized the charges against Donziger as “very strong.” In May 2020, she prevented Donziger from having his charges heard by a jury.


“The last thing any of them wants is for a group of ordinary citizens to see what has happened to Steven Donziger,” Rick Friedman, one of Donziger’s attorneys, said of Chevron.


Preska’s “fealty to corporate power” was previously on public display in 2013 when she imposed a 10-year sentence, the maximum allowed under a plea deal, on Jeremy Hammond, the activist who hacked into Stratfor, a private security firm. Hammond made public a barrage of damning internal emails and exposed the email address and password of an account used for business by Preska’s husband, Thomas Kavaler, a partner at the law firm Cahill Gordon & Reindel. Preska, despite the conflict of interest, refused to recuse herself. The 10-year sentence was one of the longest in U.S. history for hacking.


There is more on Preska that I am not at liberty to discuss.


Kaplan had Preska demand Donziger post an $800,000 bond on a misdemeanor charge. Preska placed him under house arrest and confiscated his passport which he has used to meet with attorneys around the world attempting to enforce the judgment against Chevron.


Again this is for a misdemeanor charge. I have had clients indicted on criminal RICO charges wherein countless millions were allegedly stolen who left their homes and went work every day while they waited for trial – for goodness sake they even took out of state vacations.


With every day that passes there are new revelations including the fact that Preska and Glavin are both on the Alumni Committee of Fordham Law School and as evidenced by the below picture like to chum around together:



An Ugly Situation


I got accepted into Fordham Law and was even offered a scholarship. But I turned it down. The place reminded me of Christopher Columbus for some reason. Maybe it was the whole Catholic Jesuit thing. Look at what Fordham has produced. Modern day killers of indigenous peoples. I graduated the same year as Glavin but I am happy we are not alum.


Kaplan managed to have Donziger disbarred. He allowed Chevron to freeze Donziger’s bank accounts, slapped Donziger with millions in fines without allowing him a jury, forced him to wear an ankle monitor 24 hours a day and effectively shut down his ability to earn a living.

Kaplan allowed Chevron to impose a lien on Donziger’s apartment in Manhattan where he lives with his wife and teenage son.


Donziger is scheduled to go to trial without a jury on May 10, 2021. Preska will preside over the trial.


Ruling after ruling in Donziger’s case has ignored or grossly distorted the law on behalf of Chevron to ensure that Donziger will be prosecuted, sent to prison and remain in debt for life – all while the $9.5 billion settlement is never paid to aid the people harmed in Ecuador.


The International Association of Democratic Lawyers and the international committee of the National Lawyers Guild issued a letter signed by more than 70 organizations calling the persecution of Donziger an “attack on the rule of law.” The letter said his house arrest was “unprecedented” and charged that he was being targeted for what it called “one of the most important corporate accountability and human rights cases of our time.” The letter accused Kaplan of “violating basic notions of fairness in the judicial process that lie at the core of the rule of law.”


“We cannot allow the rule of law to be upended by corporate interests and a highly biased federal judge seeking to destroy the willpower of one lawyer who has already withstood decades of brutal litigation and scathing personal and professional attacks,” the letter read.


The extraordinary level of various conflicts of interest that has existed throughout this case 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 -- worse than even those perpetrated by Columbus and the Spaniards -- because of Chevron's intentional acts:

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

Chevron has also used its clout and advertising dollars to keep the story from being reported in numerous media outlets. Where is 60 Minutes; CNN; Rachel Maddow -- I won't be watching them any longer.


“Based on where this story is trending, we have launched a full offensive to kill it or redirect it,” an August 10, 2010 internal memo from Chevron reads concerning a potential report on the case being done by the Fox News bureau in Miami.


In addition to working through the Miami bureau, we have reached out to more senior news folks at Fox News, both in NY (through Dana) and in WDC (through Greg Mueller). So, we are trying to attack this story on multiple fronts. To this end, Kent is set to talk to John Stack and Sean Smith who both reside at Fox News in NY at 1:30 today. Finally, if need be, I think we may need to pull the JSW card with Roger Ailes. [The Pervert] We have checked John’s availability to place a call to Roger, but his first availability is tomorrow afternoon.

From 2010 to 2018, John S. Watson was the CEO and chairman of the Chevron Corporation.

The story was killed.


Another internal memo lays out the steps, also ultimately successful, to prevent a similar story from appearing in GQ magazine. The memo suggests that Chevron work “with the Columbia Journalism Review (that ran the rebuke of 60 minutes) and the Media Research Center to expose any degree of bias by GQ and raise alerts about the reporting techniques prior to the story’s publication.”


The memo recommends letting the magazine know that it will face legal action if the story runs and calls on Chevron investigators to “conduct further due diligence on reporter.” Chevron has also hired reporters to produce fake pieces of journalism that peddle the corporation’s propaganda on fake news sites it runs.


The New York Times magazine earlier this year considered a story about Donziger and then dropped it. The newspaper runs its own ad agency called T Brand Studio. Chevron is a major client, meaning The New York Times, through T Brand Studio, produces ads for Chevron.

I won't be reading the Times again.


“I’ve experienced this multiple times with media over the past 10 to 15 years,” Donziger said. “An entity will start writing the story, spend a lot of time on it, then the reporter disappears. The story doesn’t run.”

While The Nation, The Intercept and Courthouse News Service have reported on Donziger’s current legal battle, no major mainstream publication has touched it.


“Corporate influence over our federal judiciary has increased dramatically in recent years,” Donziger said. “This firm [Chevron] has captured an element of power from the government and deployed it against a human rights activist.”


Front Line Defenders issued a report in 2019 that found that 300 human rights activists had been murdered in 31 countries, more than two-thirds in Latin America. Of those killed, 40 percent fought for land rights, indigenous peoples and environmental justice.


What’s shocking to a lot of people is that this is now happening in the United States. I don’t mean murder, but death by a thousand cuts. Chevron does not want me to be a lawyer anymore, at a minimum. They don’t want me advocating even as a nonlawyer. They want to silence me. They want to kill every story they can. They’d rather have no story about this case than even a positive story about their side. They don’t want people to know about it. They want to erase it from people’s thought process.

This is just a summary. The depravity gets deeper and deeper.


For example Chevron is currently lobbying the federal government to hold off on sanctions against the murderous government of Myanmar that would restrict Chevron’s gas operations there even though the money funds the oppressive junta. See below:


https://www.globenewswire.com/news-release/2021/04/17/2211933/0/en/Chevron-under-fire-for-supporting-the-Myanmar-military-rights-groups-SumOfUs-and-International-Campaign-for-the-Rohingya-say.html


Two men can stop this cold. Joe Biden and Merrick Garland. And people are trying to get them to do it. God Bless Reps Bush, Tlaib and AOC among others for trying to make that happen.


Conclusion


The Southern District Court wields tremendous power. The Second Circuit above it – even more. The power over life and death. But it is all an illusion. Ask yourself: What if a court decided unjustly and no one obeyed the court. Would these decrepit misshapen physical forms that are judges – these cowardly weaklings that are above the law for they are not even elected – would they leave their guarded evil towers and try to enforce their decisions. They could not find the courage to try.


Oh yes they would send agents of coercion. And what if this force was met by the force of multitudes? Would various agents really want to die for a court? Would they want to die for Chevron? The power is illusion because we give it to them. Let us take it away and end the illusion. The time is NOW.


When there is no law there is only force. John Locke's Social Contract has been broken. The roots of liberty must be refreshed by new blood as Thomas Jefferson once said. The blood of fascists and tyrants. Let us be the force.


May 10, 2021 Southern District of New York: 500 Pearl Street, New York, NY -- Let's Tear it Down


Steven Donziger is a civilized man who still loves life. I am neither civilized nor do I care much about life. It is very lucky for the Courts and all of the agents of coercion -- the corporate punks; government thugs; killing clowns and blood money men -- that I am not as intelligent and driven as Mr. Donziger. I will achieve no billion dollar verdicts. Because if I were in Steven Donziger’s shoes I would leave my apartment for one last time. Then, in the words of Hannibal Lecter, I would call on some old friends; and then pay one last visit to Court. But I am not even a small fraction -- a decimal point -- of the person that Steven Donziger is, so I will be wisely left alone.


The Death of Innocents Sanctioned By Dark Corporate Justice


If the next installment what can you do if a Judge is grossly unfair and biased in the Second Circuit. Deadly biased. Nothing. The Law and some close to home examples


MEANWHILE BOYCOTT CHEVRON IF YOU CANNOT GO TO COURT