The old saying “money talks” is no more true anywhere than it is in the federal judiciary when it comes to cases involving corporations or business entities against individuals, the judiciary overwhelmingly sides in favor of business, where case fixing is not the exception, but the rule. When it is corporate money that is doing the talking, the federal judges are indeed listening. https://www.washingtonpost.com/news/posteverything/wp/2017/06/26/why-big-business-keeps-winning-at-the-supreme-court/. https://reason.com/volokh/2021/03/09/testifying-on-whats-wrong-with-the-supreme-court-the-big-money-assault-on-our-judiciary/. The late-great Justice Ruth Bader Ginsburg tried to tell us something when she said that business clients “can pay for the best counsel money can buy” and indeed they very often get what they pay for. https://www.theatlantic.com/ideas/archive/2018/07/big-business-keeps-winning-at-the-supreme-court/564260/.
Case fixing in the federal judiciary is taking place at an alarming rate all while the Senate Judiciary Committee sits on its hind end and looks the other way as it doesn’t have the appetite to hold federal judges who are involved in case fixing accountable, even though it has the power to do so.
A very informative article published in The Millennium Report gives us great insight into this problem. The Millennium Report calls U.S. judges “goons” for the big corporations stating that the corporations, above all, own the lawyers and judges via the corporate money and bribes that flow in the billions of dollars through law firms, which is why they rarely lose cases among the “pro-business” U.S. judges. The article went on to say that the judges enforce the “law”, which in the United States means the “Law of the Big Corporations” —they win, the little guy (or girl) loses. According to the article, that’s what judges and lawyers call “The Game”, a “game” that involves bribing the judges so that the big companies almost always win their cases. According to the article, one lawyer said “If the American people found out how crooked the judges really are, the whole house of cards will start to crumble.” http://themillenniumreport.com/2019/04/u-s-criminal-injustice-system-crooked-judges-corrupt-lawyers-and-criminal-corporation/.
The question begging an answer is why is the Senate Judiciary Committee so willing to allow federal judges to fix cases without so much as investigating the problem, let alone taking action to hold the corrupt judges accountable? Another question begging an answer is why is the judiciary willing to chastise arbitrators who fix cases, but not willing to likewise chastise actual judges who fix cases? Perhaps Senator Elizabeth Warren could answer this very important question.
In a letter to Robert Cook, President and Chief Executive Office of Financial Industry Regulatory Authority (FINRA) on February 9, 2022, Senator Warren inquired about a “highly disturbing report indicating that Wells Fargo rigged the FINRA arbitration system by improperly manipulating a list of arbitrators who could decide on the customer’s claim -with the permission of FINRA.” https://www.warren.senate.gov/oversight/letters/warren-porter-release-finra-response-on-troubling-allegations-of_wells-fargo-misbehavior-and-finras-arbitration-process. On March 8, 2022, Senator Warren’s office issued a press release stating “Senator Warren has a long record of calling out the wide-ranging and long lasting pattern of illegal and abusive behavior by Wells Fargo. She has also raised concerns about FINRA’s ability to effectively enforce rules against fraudulent and abusive behavior by brokers and dealers. And Senator Warren has also fought for years to address the problems for consumers and workers caused by forced arbitration that limit their rights.” https://www.warren.senate.gov/oversight/letters/warren-porter-release-finra-response-on-troubling-allegations-of_wells-fargo-misbehavior-and-finras-arbitration-process.
While it is good to see Senator Warren addressing apparent corruption in an arbitration process, and that she apparently has no problem with standing up to a rich and powerful business enterprise such as Wells Fargo, it is equally disappointing to not see her standing up to judicial corruption in the same manner. It stands to reason that if Senator Warren is so passionate about calling out “wide-ranging and long lasting pattern of illegal and abusive behavior by Wells Fargo” in manipulating complicit arbitrators, and so concerned about a financial industry’s regulatory authority (FINRA) ability to “effectively enforce rules against fraudulent and abusive behavior by brokers and dealers”, then it would stand to reason that Warren would be, and seemingly should be, just as equally concerned, or even more concerned, about “wide-ranging and long lasting pattern of illegal and abusive behavior” by federal judges who fix cases, and that she would be concerned about the lack of monitoring of case fixing judges and lack of a system that holds case fixing judges accountable in preference of a system where the judiciary polices itself —and we all know how well that is working out. https://www.cnn.com/2018/01/25/politics/courts-judges-sexual-harassment/index.html.
It is interesting that judges are willing to chastise the conduct of arbitrators who fix cases for certain parties, but aren’t willing to chastise the conduct of actual "judges" who fix cases for certain parties. In other words, judges will hold decision makers from the private sector —who dress in civilian clothes— accountable for their cheating actions, but when it comes to decision makers —who wear black robes—, it is a red line that cannot be crossed, i.e., fair game for unrobed decision makers in the private sector, but hands off for decision makers in black robes in the judiciary. Case in point, the very case that Elizabeth Warren was zeroing in on, the case involving Wells Fargo where the judge, Belinda E. Edwards of the Superior Court of Fulton County in Georgia determined that Wells Fargo and its counsel manipulated the FINRA arbitrator selection process in violation of the FINRA Code of Arbitration Procedure and denied the Investors’ their contractual right to a neutral, computer-generated list of potential arbitrators. The judge held that the arbitrators violated 9 U.S.C. § 10(a) (3) by refusing to hear relevant, non-cumulative testimony from two separate witnesses and were guilty of misconduct and that the award was procured by fraud with help of the complicit arbitration panel. The judge further ruled that that the arbitrators ignored the contractual framework the parties had agreed to and imposed liability beyond that which was permitted or contemplated, thus dispensing their own brand of industrial justice in violation of the FAA. And if all of those things weren’t enough, the arbitrators tried to line their pockets by improperly imposing “session fees” (the fees paid to the arbitrators) against the investors that were inconsistent with the FINRA Code of Arbitration Procedure. https://images.thinkadvisor.com/contrib/content/uploads/documents/415/Order-Vacating-Award-17-010773-003-reduced.pdf. It is very evident that the entire process was rotten to the core. Sadly, that while judges will act on rotten apple decision makers from the private sector, judges won't act on the rotten apple decision makers who are card carrying members of the judiciary —who wear black robes.
The problem with case fixing judges in the federal judiciary is so bad that even in the rare instance when a retired federal judge discloses the case fixing, which is exactly what happened when the highly prominent and now retired Judge, Richard A. Posner, disclosed to me that a judge on his former court, Michael S. Kanne, fixed a decision in a civil rights case that I brought against rogue police from Valparaiso, Indiana in order that the infected rulings of the trial court judge, James T. Moody, would be wrongfully affirmed. Moody corruptly went out of his way to protect the actions of rogue police by disregarding governing rules and disallowing crucial testimony from a police officer who was going to testify against the unlawful actions of the Valparaiso, Indiana police. In the fixed decision, the Seventh Circuit judges called Moody's actions "harmless" error. http://www.brianvukadinovich.com/blog/post/protectionism-of-case-fixing-is-alive-and-well-in-u-s-court-of-appeals-in-chicago/. The protectionism of case fixing in the U.S. Court of Appeals in Chicago is so bad that the chief judge there, Diane S. Sykes, has tried to sweep it under the rug with the help of her judicial minions on that corrupt court. http://www.brianvukadinovich.com/blog/post/the-stench-of-the-seventh-circuit-under-chief-judge-diane-s-sykes/. A petition addressing the issue of the case fixing and protectionism of it in the U.S. Court of Appeals in Chicago is currently pending before the Judicial Conference of the United States in Washington, D.C. I have asked Senator Dick Durbin, Chair of the Senate Judiciary Committee, to investigate the case fixing and cover up taking place in the U.S. Court of Appeals in Chicago and to hold hearings on the matter, and allow me to testify, but Durbin hasn’t responded back. That’s what political cowards do when they are forced with doing the right thing but they choose instead to do the wrong thing, they run and hide —and that is exactly what the political coward Dick Durbin is doing.
Senator Dick Durbin is Chair of the Senate Judiciary Committee, a committee that has the power to hold hearings, subpoena witnesses, and initiate judicial impeachment processes, but when it comes to investigating case fixing judges, Durbin and the other members of the Senate Judiciary Committee have deserted their posts and are basically missing in action —AWOL.
Durbin has yet to meet a television camera that he doesn’t like, but when it comes to addressing case fixing by federal judges, Durbin makes an exception and prefers to stay away from the television cameras. As for the other minions on the Senate Judiciary Committee, they love the spotlight and the idea of being on such a powerful and influential committee, but they don’t love the idea of taking to task federal judges who fix cases. Pretty much the only time we see or hear from any of them is when there is a political controversy about a nominee to the Supreme Court, and then we see them running in front of the television cameras spouting their political party’s fodder. What you will never see Dick Durbin or any of the minions on the Senate Judiciary Committee do is publicly discuss the rampant problem our country has with case fixing judges that have permeated the federal judiciary. That is a taboo topic for all of them —the political cowards that they are.
“It is a sin to be silent when it is your duty to protest”
~ Abraham Lincoln
The case fixing in the Wells Fargo case was rather obvious with the arbitrators, but much more egregious and much more obvious case fixing regularly occurs in the courts. Yet, there is no one (except another, often similarly corrupt court) to whom the victims can complain. One may wonder what then can the people do? The answer to this question is provided by highly respected Attorney Jonathan Zell from Columbus, Ohio, who urges victims of judicial case fixing by the federal courts to contact the U.S. Senate’s Judiciary Committee, it’s Chair (Illinois Sen. Dick Durbin), and its other members. And as Attorney Zell so ably points out, the Senate Judiciary Committee has the power to hold hearings, subpoena witnesses and initiate judicial impeachment processes.
So what we need is for every victim of judicial case fixing to write to the Judiciary Committee, its Chair (Illinois Sen. Dick Durbin), and its other members.
Senator Dick Durbin can be messaged here: https://www.durbin.senate.gov/contact/email. The other members of the Judiciary Committee are as follows
• Patrick Leahy (D-VT) Chuck Grassley ((R-IA)
• Dianne Feinstein (D-CA) Lindsey Graham (R-NC)
• Sheldon Whitehouse (D-RI) John Cornyn (R-TX)
• Amy Klobuchar (D-MN) Mike Lee (R-UT)
• Chris Coons (D-DE) Ted Cruz (R-TX)
• Richard Blumenthal (D-CT) Ben Sasse (R-NE)
• Mazie Hirono (D-HI) Josh Hawley (R-MO)
• Cory Booker (D-NJ) Tom Cotton (R-AR)
• Alex Padilla (D-CA) John Kennedy (R-LA)
• Jon Ossof (D-GA) Thom Tillis (R-NC)
Marsha Blackburn (R-TN)
It is now time for Dick Durbin and the other members of the Senate Judiciary Committee to come out of hiding and report for duty, and start investigating the case fixing that is going on with federal judges, and start holding hearings in order to do a public service for the people of America by eradicating the judiciary of the case fixing judges that permeate our federal judiciary.
“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”
~ Thomas Paine