JUDGING THE JUDICIARY

Captain Lacrosse

In 1984 the captain of the Stanford University Lacrosse team receives his undergraduate degree and his Phi Bata Kappa Key for honors level work. In 1985 Captain Lacrosse, (Judge Aaron Persky), achieves his master’s degree in international policy studies from Stanford.

Mr. Phi Bata Kappa continued to play lacrosse for the Berkley Club Lacrosse, again as captain of the team. In 1990 he was admitted to the California Bar after graduating from the UC Berkley School of Law. Persky received an appointment to the California Superior Court from Governor Gray Davis in 2003

During his legal career he received recognition for his work in the area of hate crimes, prosecuted violent sex crimes and promoted himself as a defender of battered women.

Then comes Stanford Swim Team hero, Brock Turner, in front of Stanford Judge Captain Lacrosse Persky. Swim Team hero is charged with rape and convicted for three felony counts of sexual assault: assault with intent to commit rape of an intoxicated or unconscious person, penetrating an intoxicated person with a foreign object and penetrating an unconscious person.

After the crooked timber of our legal system was mortised, planed, and sanded, the maximum 14-year sentence possible under the law and the 5-year sentence recommended by California Prosecutors, were both discarded by Captain Stanford Lacrosse Persky in favor of what amounts to a 3-month sentence for Stanford Swim Team hero.

Given the recall campaigns and media outcry, one would guess many folks think Judge Persky might have been tainted by a prejudicial bent towards athletes from his alma mater. Would the outcome have been different if tried by a non-athlete female judge from another PAC-12 school such as the University of Washington?

Judges, “red and yellow black and white”

US District Judge Gonzalo Curiel is an American-born Hispanic Judge. By his own words he is a “life-time member” of the Hispanic National Bar Association. In addition:

He has served on the American Bar Association’s Hispanic Advisory Committee

He is a member National Hispanic Prosecutors Association

He is a member of the Latino Judges Association

He is member of the San Diego La Raza Lawyers Association, a group of Latino lawyers that is affiliated with a statewide organization, the La Raza Lawyers of California. This group while not a branch of the National Council of La Raza, has ties to the controversial organization, which translates literally “The Race.”

The National Council of La Raza is a group that advocates in favor of progressive immigration reform policies, including a path to  citizenship for illegal immigrants and reduced deportations. It is the largest Latino advocacy organization in the US.

How many thousands of black defendants, after receiving sentence, looked at the white judge and wondered would the outcome have been different if the judge and jury were non-whites?

The law firm behind the class-action lawsuits against Trump University, Robbins Geller, Rudman and Dowd, often helps the Democratic Party; a remarkable and convenient concurrence In the fall of 2014 our former Secretary of State gave a $225,000 speech at this same law firm! RGR&D paid the Clintons a total of $675,000 for speeches over the last decade.

To someone like Mr. Trump, under the mask of simple coincidence this could seem politically strategic especially as its coming to a boiling point at such an injudicious time in the Presidential Election for the Republican candidate.

Oh, for heaven’s Trump’s sake!

The RATIO / NAL observer is flummoxed by the outrage demonstrated against Judge Persky for his perceived bias for Stanford athletes juxtaposed to the outrage demonstrated against Donald Trump when he exclaimed his perception that Judge Curiel is biased against him because of his positions on illegal immigration and deportation. It seems to be an incongruity.

The media lawyers unanimously averred that Trump must follow the legal rules by filing a “Complaint of Judicial Misconduct”; the legally prescribed process for complaining that a federal judge has committed misconduct. The process is governed by the Judicial Conduct and Disability Act of 1980, 28 U.S.C. §§ 351-364

You must file it at the clerk’s office, (in person we assume as there is no language about emailing it), of the United States Court of Appeals for the region (“circuit”) in which the judge serves.

Also, you should “not communicate about your complaint with judges or others in the Judiciary”. The best advice is to tell no one. In fact, this is a very slow secret process and the results are not reported until posted on a Government web site.

However, when Judge Persky made his sentencing public for the Stanford Rape Case, we saw not one suggestion from the media experts for the victim to file a complaint ala Trump. We did see:

  • Billboards militating for his immediate removal
  • The California State House petitioning for Judge Persky’s removal from office and impeachment
  • Prosecutors removing Judge Aaron Perskyfrom a new sexual-assault case citing his controversial role in the Stanford rape case
  • Stanford law professor Michele Landis Dauber launching a campaign to recall Judge Persky
  • Prospectivejurors who oppose Judge Aaron Persky’s Stanford decision refusing to serve on a jury in an unrelated case he is handling

To bring out pitchforks and torches against the judge in one case and to antagonize and impugn Mr. Trump because he acts as the complainant against the judge in another case and imply he has ruined his presidential campaign is conspicuously inconsistent and IRRATION/NAL.

 

 

 

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