Common Judicial Tactic to Block
Reporting of Deadly Federal Crimes

Federal judges used a variety of tactics to block former federal agent Rodney Stich from reporting to a federal judge, under the federal crime reporting statute, the criminal activities that he and a group of other former government agents had discovered during their official and professional duties. Among the consequences were a continuing series of airline crashes and deaths. One tactic was to label the attempt to report the criminal activities as frivolous acts.

 

The legal definition of vexation:

 

          Vexatious. Without reasonable or probable cause or excuse.

          Vexatious proceeding. Proceeding instituted maliciously and without probable cause. When the party bringing proceeding is not acting bona fide, and merely wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result. Such a proceeding is often described as "frivolous and vexatious," and the court may dismiss it on that ground.

 

Vexatious suit. Litigation for the purpose of harassing, annoying and vexing an opponent, rather than for the adjudication of rights, being invoked, not for the attainment of justice, but to further or satisfy a malicious motive. 28 Am J Rev ed Inj § 210.

 Black's Law dictionary defines "vexatious proceedings" as follows:

           Proceeding instituted maliciously and without probable cause. Paramount Pictures v. Blumenthal, 256 App.Div. 756, 11 N.Y.S.2d 768, 772. When the party bringing proceeding merely wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result. Such a proceeding is often described as "frivolous and vexatious," and the court may dismiss it on that ground.

 

"An appeal [or complaint] is not frivolous if "any of the legal points [are] arguable on their merits ..." Anders v. California (1967) 386 U.S. 738; "The objective standard looks at the merits of the appeal from a reasonable person's perspective. ... whether any reasonable person would agree that the point is totally and completely devoid of merit, and therefore, frivolous. ... an appeal is not frivolous if "any of the legal points [are] arguable on their merits." In re Marriage of Flaherty (1982) 31 Cal.3d 637, 649.

      Interpretation of C.C.P. 907 and Rule of Court 26(a). 

"For the purpose of determining whether a complaint is "frivolous," the court presumes that the plaintiff's allegations are true." Hernandez v. Denton, 88 C.D.O.S. 8132 (9th Cir. Nov. 23, 1988); quoting Franklin, 745 F.2d at 1228.

Courts must construe allegations in pro se complaints liberally. Shapley v. Nevada Bd. of State Prison Commrs, 766 F.2d 404, 408 (9th Cir. 1985)."

Exercising Of Constitutional Due Process For Which Plaintiff Was Called A Vexatious Lititgant and Guilty of Frivolous filings:

 

       Definition Of Frivolous Standard By U.S. Supreme Court

In Haines v. Kerner, 404 U.S. 519, 521-522 (1972) The United States Supreme Court defined the legal meaning of a frivolous action [or appeal]  in Anders v. California (1967) 386 U.S. 738, the Court held that:

            An appeal [or complaint] is not frivolous if "any of the legal points [are] arguable on their merits ..."

Frivolous fees are permitted "only upon a finding that the plaintiff's action was frivolous, unreasonable, without foundation, or brought in bad faith, ..." Christiansburg Garment Company v. EEOC, 434 U.S. 412, 416-416 (1978). (See also, United States Steel Corp. v. United States, 519 F.2d 359; Carrion v. Yeshiva University, 535 F.2d 722; Mayer v. Wedgewood Neighborhood Coalition, 707 F.2d 1020, 1021.

       The Christiansburg court described the basis for attorney fees in a section 1983 action:

            that "where the alleged claim under the Constitution or federal statutes clear appears to be immaterial and made solely for the purpose of obtaining jurisdiction where such a claim is wholly insubstantial and frivolous" ... Frivolous claims include those to which "a complete defense is obvious from the pleadings."

 

The definition of a frivolous action has been stated to be one "so clearly and palpably bad and insufficient as to require no argument or illustration to show the character as indicative of bad faith upon a bare inspection. Strong v. Sproul, 53 NYU 497, 499. "A suit without purpose to deter­mine an actual controversy, as where the parties control by interest both sides of the litigation." 1 Am J2d Actions § 56."

 

The definition of a frivolous action has been stated to be one that is:

          "so clearly and palpably bad and insufficient as to require no argument or illustration to show the character as indicative of bad faith upon a bare inspection. Strong v. Sproul, 53 NYU 497, 499. "A suit without purpose to determine an actual controversy, as where the parties control by interest both sides of the litigation." 1 Am J2d Actions § 56."    

     

            Definition Of Frivolous Standard By California Supreme Court

Similar interpretations of frivolous is found in California statutory law. Code of Civil Procedure § 907:

            (2) "Frivolous" means (A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party.

      Making reference to Anders, the California Supreme Court defined frivolous in In re Marriage of Flaherty (1982) 31 Cal.3d 637: "The objective standard looks at the merits of the appeal from a reasonable person's perspec­tive ... whether any reasonable person would agree that the point is totally and completely devoid of merit, and there­fore, frivolous ... an appeal is not frivolous if 'any of the legal points [are] arguable on their merits' ... [if] it can be said that 'any reasonable person would agree that [it is] totally and completely devoid of merit ..."

 

The Court then addressed the important Constitutional right of due process:

"Free access to the courts is an important and valuable aspect of an effective system of jurisprudence, and a party posses­sing a colorable claim must be allowed to assert it without fear of suffering a penalty more severe than that typically imposed on defeated parties ... Fundamental constitutional mandates require that the basic protections of due process be fol­lowed ..."

       "Vexatious proceedings" are defined in Black's Law Dictionary:

           Proceeding instituted maliciously and without probable cause. Paramount Pictures v. Blumenthal, 256 App.Div. 756, 11 N.Y.S.2d 768, 772. When the party bringing proceeding is not acting bona fide, and merely wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result. Such a proceeding is often described as "frivolous and vexatious," and the court may dismiss it on that ground.

       Statutory definition of frivolous is established by Code of Civil Procedure Section 907. 

      Section 907. Appeal Frivolous or Taken Solely for Delay. 

            When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as may be just.

     California Code of Civil Procedure § 128.5, in support of California Code of Civil Procedure section 907, provides: Section 128.5. Frivolous Actions or Delaying Tactics--Award of Expenses, Including Attorney's Fees on Motion. 

            (a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.

            (b) For purposes of this section:

 

            (2) "Frivolous" means (A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party.

 

   Frivolous acts are defined by California Rule of Court 26(a):

            Rule 26. Costs on Appeal.

            ...Where the appeal is frivolous or taken solely for the purpose of delay or where any party shall have required in the typewritten or printed record on appeal the inclusion of any matter not reasonably material to the determination of the appeal, or has been guilty of any other unreasonable infraction of the rules governing appeals, the reviewing court may impose upon offending attorneys or parties such penalties, including the withholding or imposing of costs, as the circumstances of the case and the discouragement of like conduct in the future may require.

    A frivolous act, as defined in state and federal law, does not permit reaching the conclusion reached by Division Five Justices. Nor does common sense permit such conclusion. Frivolous fees are permitted "only upon a finding that the plaintiff's action was frivolous, unreasonable, without foundation, or brought in bad faith, ..." Christiansburg Garment Company v. EEOC, 434 U.S. 412, 416-416 (1978). (See also, United States Steel Corp. v. United States, 519 F.2d 359; Carrion v. Yeshiva University, 535 F.2d 722; Mayer v. Wedgewood Neighborhood Coalition, 707 F.2d 1020, 1021

       The definition of a frivolous action has been stated to be one "so clearly and palpably bad and insufficient as to require no argument or illustration to show the character as indicative of bad faith upon a bare inspection. Strong v. Sproul, 53 NYU 497, 499. "A suit without purpose to determine an actual controversy, as where the parties control by interest both sides of the litigation." 1 Am J2d Actions § 56."

    "For the purposes of determining whether a complaint is "frivolous, the court presumes that the plaintiff's allegations are true. Franklin, 745 F.2d at 1228. In addition, courts must construe allegations in pro se complaints liberally. Shapley v. Nevada Bd. of State Prison Comm'rs, 766 F.2d 404, 408 (9th Cir. 1985)." Hernandez v. Denton, 88 C.D.O.S. 8132, 9th Cir, 1988.

 

SUMMARY JUDGMENT


"Summary judgment is granted as a matter of law. Therefore, the Appellate Court must review the facts anew, in favor of the non-moving party. Ashton v. Cory, 780 F.2d 816 (9th Cir. 1986)."

            "We review the district court's grant of judgment on the pleadings de novo, taking all material allegations of the non-moving party as true and construing them in the light most favorable to that party. Judgment on the pleadings will not be granted unless "the allegations of the complaint itself clearly demonstrate that plaintiff does not have a claim." 5 C. Wright & A. Miller, Federal Practice & Procedure § 1357, at 604 (1969)."   (Sinaloa Lake Owners Association v. City of Simi Valley, 89  C.D.O.S. 238, No. 86-6425 (9th Cir. Jan. 6, 1989).

Dismissal of an action on holding that it is frivolous is subject to de novo review on appeal. Hernandez v. Denton, 88 C.D.O.S. 8132, (9th Cir. Nov. 23, 1988), the court defined frivolous, and the de novo review on appeal:

          The district court's dismissal of the complaints as frivolous is subject to de novo review by this court. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987); Rizzo v. Dawson, 778 F.2d 527, 530 (9th Cir. 1985). Our role here is to determine whether, as a matter of law, the claims are critically deficient of the minimum quantum of fact, reason, and law from which the plaintiff might possibly be entitled to relief. In exercising this review, I proceed on the assumption that "plaintiff's sworn allegations are ... uncontroverted and entitled to the usual presumption of truth." Franklin, 745 F.2d at 1228.  

A vexatious litigant order cannot be imposed without prior notice and without a record to support the notice. De Long v. Hennessey, ......... (9th Cir. 1990) The decision held that a vexatious litigant order cannot be imposed without prior notice and with a record supporting the order. The decision held that an order barring a party from court access, by calling him a vexatious litigant, must be:

                        2. Preceded by a notice;

                        3. A chance to defend;

                        4. Record supporting the holding.


Sampling of Consequences From the Judicial Corruption
That Whistleblower Rodney Stich Sought to Report

All forms of human tragedies have been inflicted upon the people of the United States from the corruption discovered by the people behind this site−and made possible by enablers in and out of government. The below pictures are only a sampling of the consequences from the documented corruption that are able to be portrayed graphically. The tragedies in other areas resulting from the corruption, cover-ups, and public indifference, are not shown here.

United Airlines crash into New York City, the world's worst at that time. Withheld from the Amererica public were the reports by federal safety inspectors-investigators showing a continuing pattern of corruption, fraud, criminal alteration of major government required records−and the standard abuse of those few inspectors attempting to require the airline management to comply with industry standards and clear requirements of federal aviation safety requirements−and FAA management to require compliance. None of the guilty, the enablers, to these and the continuing fraud-related crashes ever were held accountable for the hundreds of deaths that they enabled to occur.


Department of Justice Personnel's Simultaneous Attacks on Whistleblowers

As a result of the widespread corruption in overt and covert government operations, the systemic cover-ups that treat high-level

Sampling of Early Consequences

   

          

 

   

TWA Flight  800

U.S. Embassy Bombings

9/11 Easily-Preventable Multiple Hijackings

   

These few examples of the horrors associated with airline disasters enabled to occur by documented corruption withheld from the American people. The standard culture of cover-ups in the United States enabled the corruption, cover-ups, to mutate into different areas. In the aviation area, although the continuing series of airline disasters eventually came to a halt for other reasons, the culture continued, and enabled to occur a number of easily preventable airline disasters. The inbred culture created the conditions that enabled four groups of terrorists to easily hijack four airliners within a few hours of each other and kill nearly 3,000 people.

One of Over 200 Victims Choosing This Way to Die—
Made Possible by Many Enablers in United States

Consequences of Corruption, Cover-Ups, And
Retaliation Felonies Not Limited to Aviation

There were many other forms of victims from the systemic high-level corruption. These included for instance victims of the:

  • Department of Justice prosecutorial misconduct, people being falsely charges with crimes in order to improve the prosecutors' career.

  • The explosion of violent crime related to drug smuggling into the United States, in which CIA assets were major players.

  • Series of financial frauds appearing every few years, with the latest housing and financial implosions surfacing in 2008.

  • Seizure of assets from innocent people.

  • And many other forms.

These offenses are described in the books written by insiders.

Corruption of the Type Described at this site does not occur in a vacuum. High-level corruption in one area is simply one tentacle of a widespread culture of corruption. And the consequences of that corruption−and the endemic cover-ups−have consequences in other areas. The culture of corruption affects the people and the nation in many other ways, That includes the latest series of financial frauds that has occurred in the housing and financial sectors. Also, the effect of the endemic corruption and endemic cover-ups−major parts of the culture in the United States−that enablers successful terrorist attacks upon U.S. interests.

Harm to People Overseas From Culture Of
High-Level Corruption and Lies in the United States

In addition to the decades of harm resulting from the systemic corruption of key people and groups in the U.S. government, affecting aviation safety, financial, human rights, in the United States, there is the harm from outside sources brought about by the actions of U.S. politicians affecting people in other countries—such as the history of invading and killing foreigners—there are the successful "terrorist" attacks made possible by high-level corruption, and then there are the foreigners who are also victims from the same high-level corruption that adversely affects the American, but in a different form.

Remains of a girl—about the age of the 9-year-old Killed in Tucson in January 2011.

In criminal law, people are accomplices, and guilty, if they know of a criminal act and fail to report it to proper authorities and also to take efforts within their capability to halt their continuation. And there are endless numbers of accomplices that are complicit in these crimes and enablers of the consequences.

Suggestion to people outside the United States. Become familiar with the documented systemic corruption in the United States and show the outrage lacking of people in the United States, and:

  • Help expose the endemic corruption that seem to be acceptable to the American people, and maybe wake them up.

  • Help to protect yourselves against the decades of ham inflicted upon people of other countries by the actions of U.S. politicianssupported by much of the American public. Examples:

    • Serial lying by U.S. politicians to use as a pretense to invade Iraq and Afghanistan, killing tens of thousands of innocent people.

    • U.S. politicians shifting enabling blame from their own corrupt actions that encouraged and enabled four groups of terrorists to simultaneously hijack four airliners, and shift the blame to the people of Iraq and Afghanistanwith the help of a dumbed-down American public that is mostly too lazy to learn the truth.


Books by Unprecedented Number of Professional
Insiders on Multiple Areas of Corruption
And Catastrophic Consequences

   

   

   

     

   

   

All of the books are available at amazon.com, in print and on the Kindle, and at many other Internet sites. They bring together the various pieces of the puzzle to better understand the overall picture, and why the same conditions continue year after year. Information on the books by former government agent Rodney Stich

Sampling of early books reviews

Sampling of complimentary letters/faxes to author/activist Rodney Stich.

More information about these books by clicking here.

Thanks to the Very Few Who Cared Enough

Thanks are given to those very very few who have contributed funds to the non-profit organization that helps to fund these exposure activities.


Among the "Least" Guilty of the Enablers

Euphoric Blissful Ignorance−Enablers of Great American Tragedies


 

 

 

 

 


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