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Friday, April 13, 2012

Unfortunately America’s courts are corrupt

Liberty Legal Foundation

Unfortunately America’s courts are corrupt.

In an LLF Arizona lawsuit the defendants were served, but failed to show up in court. When LLF filed motions for default judgment, Judge Susan Bolton acted more like a defense attorney than a Judge. She denied one motion for default judgment by interpreting a procedural rule in a way that it has apparently never before been interpreted. She denied the other motion for default by refusing to accept a confirmation of delivery from the U.S. Postal Service and noting that a return receipt was missing. The return receipt was somehow “lost” by the postal service.

What’s disturbing about these rulings is the fact that most courts routinely grant default judgments when defendants don’t show up. If a defendant later shows up and proves that they were not properly served the court can easily vacate the judgment and pick up the case where it left off. Issuing a default judgment forces a defendant that is avoiding the litigation to show up or accept the judgment. It is interesting that the Arizona court instead decided to assert defenses that the absent defendant didn't offer on its own behalf. LLF has now served the defendants, again, and expect responses in our Arizona case later this month.

In Tennessee we filed a motion for an injunction only to have our case removed from state court to federal court the evening before our injunction hearing.

You see, about 30 years ago the Federal government quietly took away a little more of the states’ sovereignty by changing the rules related to cases being "removed” from state courts. This rule change gave any defense attorney unfettered authority to take any case away from any state court without asking permission from any judge simply by notifying both courts.

The defendants in our Tennessee case waited until the evening before our injunction hearing to notify the courts and LLF that the hearing wouldn’t be taking place. Neat trick, huh? Of course they waited until we had traveled over 400 miles to attend the hearing before informing us of their plans.

LLF has filed a motion in Tennessee Federal Court to have our case returned back to the state court. We’re still waiting for a ruling from the Federal court. Unfortunately the Federal court may not rule for months.

Another rule change from just five years ago leaves no effective method to force any Federal court to rule on a pending motion. So, Federal courts can effectively sit on motions, and entire cases, until they are moot.

We can only hope and pray that the Tennessee Federal Court will actually rule on our motion in time to make a difference.

(Because some courts in America are corrupt it allows obama (an illegal alien) to hide behind the law and still be able to not validate his US citizenship. Its bad and does discourage but remember and believe what I do that the truth will prevail in the end. Remember what happened to hitler, tojo etc. The truth caught up with them.) Story Reports

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