Fraud On The Court By An Officer Of The Court"

And "Disqualification Of Judges, State and Federal"

1. Who is an "officer of the court"?
2. What is "fraud on the court"?
3. What effect does an act of "fraud upon the court" have upon the court
proceeding?
4. What causes the "Disqualification of Judges?"

1. Who is an "officer of the court"?
A judge is an officer of the court, as well as are all attorneys.
A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

2. What is "fraud on the court"?

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial
machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its
impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes
final."

3. What effect does an act of "fraud upon the court" have upon the court
proceeding?

"Fraud upon the court" makes void the orders and judgments of that
court.

It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4
(1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill.
350; 199 N.E. 798 (1935).

Under Illinois and Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect.

4. What causes the "Disqualification of Judges?"
Federal law requires the automatic disqualification of a Federal
judge under certain circumstances.

In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v.U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").

That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is
important that the litigant not only actually receive justice, but that he believes that he has received justice."

The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an
interested party over which he is presiding, does not give the appearance of justice.

"Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that "We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or
affidavit is filed." Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge.
Should another judge not accept the disqualification of the judge, then the second judge has evidenced an "appearance of partiality" and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process
Clause.").

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity
and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself.
However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that
suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference

Thank You Barbara Morris for submiting article

GOG-U-MAGOG

Click & watch this thought provoking production >>

The books of the prophets, the Talmud and the tomes of Jewish spirituality predate the other traditions of Gog and Magog- Armageddon. This documentary of classic Judaica surpasses any chicken-soup which new-age meditation can offer to provide us with comfort and meaning in these times.

Exploring Life Extension

A film by the Immortality Institute that explores various aspects of extreme life extension including cryonics (cryogenics), caloric restriction, transhumanism, and other scientific pursuits of extreme life extension. ...

Exploring Life Extension

Strategies for Engineered Negligible Senescence (SENS): A practical way to cure human aging - Website of Dr. Aubrey de Grey

Immortality Institute ~ Advocacy & Research For Unlimited Lifespans

‘Your Own Stem Cells Work!’: Carron Morrow’s Story

By Chuck Colson

An event planner named Carron Morrow says she had two choices when it came to treating a serious heart condition: Sign liability papers for an unusual new treatment—or drop dead.

Not surprisingly, she chose to sign the papers—and became another stem-cell miracle. An adult stem-cell miracle, that is.

Carron, a 58-year-old Alabama mother, was in bad shape last year after suffering four heart attacks. The right side of her heart was functioning at less than 50 percent. Carron needed a new heart—but 100,000 people were ahead of her on the transplant list.

By fall, she told CitizenLink, “I couldn’t walk 20 feet without being on somebody’s arm.” Her church rallied round her in prayer.

Meanwhile, Carron’s nurse was researching adult stem-cell therapies and discovered a groundbreaking study at the Texas Heart Institute. Researchers agreed to include Carron in the study, which included surgery not approved by the Food and Drug Administration.

In October, surgeons removed 500ccs of bone marrow from Carron’s left hip. The cells were cultivated, and four hours later, 30 million stem cells were injected into the right side of Carron’s heart.

Within two months, Carron relates, “I could sing a whole song at church,” and was back at work. Four months later, she had another CT scan to see how her heart was functioning. The news could not have been more—well, heart-stopping.

As Carron put it: “The doctor calls and says, ‘Ma’am, the right side of your heart is normal.’ I was in la-la land for several days.” The procedure cost just $600. Not a bad price for what amounts to a brand-new heart.

When Carron came down to earth, she had a question for her doctor: “I don’t understand,” she said, “why we have this huge political mess going on about stem cells. I’m living proof that adult stem cells work far better than embryonic.” And she adds: “Why should embryonic [stem-cells] even be in the discussion?” Good question.

I’d love to hear her testimony the next time Congress lectures us—that is, debates the morality of funding embryo-destructive stem-cell research. But I’m not holding my breath. Too many members of Congress are too busy calling conservatives and Christians “anti-science.” They’re too busy trying to convince Americans that research involving embryonic stem cells, not adult stem cells, is destined to cure a multitude of diseases—despite the notable lack of success. Why? Because embryonic stem cell research is potentially far more lucrative than research involving adult stem cells.

Meanwhile, the list of people being helped or cured by adult stem cell procedures has become almost too long to keep track of. Medical advances just in the last few months include using adult stem cells from bone marrow to create heart valves. They’ve been used to successfully treat children with juvenile diabetes, and patients with lupus, liver cancer, paralysis, and Parkinson’s. Absolutely remarkable.

Meanwhile, Carron Morrow isn’t waiting to get that call from Congress. She doesn’t need the halls of Congress to tell the world the truth about how adult stem cells saved her life—without destroying anyone else’s. As she put it: “I hope God lets me shout it from the rooftop: ‘Your own stem cells work!’”

Illinois Governor Blagojevich Signs Embryonic Stem Cell Research Bill

by Steven ErteltLifeNews.com Editor Washington, DC (LifeNews.com) -- Gov. Rod Blagojevich on Tuesday signed a bill that would force taxpayers there to spend money on embryonic stem cell research. His signing the measure is the latest action going against the views of pro-life advocates on whether unborn children should be sacrificed to advance scientific research.
The measure would set up an institute under the Illinois Department of Public Health to award grants for the research, which has never helped any patients.

It also makes embryonic stem cell research legal and establishes procedures for couples to donate their "unwanted" human embryos for studies.

Blagojevich has angered lawmakers over the last two years with executive orders spending state dollars on embryonic stem cell research without the backing of the legislature.

He has perviously spent $15 million on embryonic stem cell research and the bill would put that funding into state law.

The governor says he backs the bill because he wants to lure researchers to the state and because he thinks embryonic stem cell research is the hope for patients.

"Stem-cell research has limitless potential to help cure devastating diseases -- from Parkinson's to diabetes and even many forms of cancer," Blagojevich said in a statement. "Since the federal government continues to stall the medical advancements that will come with stem-cell research, it is up to Illinois to take action."

Blagojevich is referring to a bill President Bush vetoed twice that would force taxpayers to fund embryonic research involving human embryos "leftover" at fertility clinics.

The bill does not authorize any direct funding but is the legal instrument for it and state lawmakers have already promised to try to attack millions in state dollars to it.

The measure also upsets pro-life advocates because it would ban human cloning for reproductive purposes but it allows cloning of human embryos specifically to kill them for scientific studies.

Surprisingly, no pro-life lawmakers spoke against the measure on the floor of the House, likely because they knew they had little chance of stopping the bill.

The House approved it's version of the bill on a 67-46 vote in March and gave it a final vote of 70-44 in June.

Pro-life advocates said the state should focus on alternatives like adult stem cell research and the use of germ cells, which Harvard and Wake Forest University scientists say have tremendous potential.

"This is a deplorable use for taxpayer funds on top of the moral objections towards this type of research," said Republican Rep. David Reis, in a statement LifeNews.com obtained after the first vote in March.

Embryonic stem cells have yet to cure a single patient and have experienced rejection issues and developed tumors when tried on animals. Adult stem cells have resulted in the creation of dozens of therapies, some of which have been approved by the FDA.

ACTION: Express your disappointment by going to http://www.illinois.gov/helpdesk/contact.cfm for full information.

Related web sites:
Illinois State Legislature - http://www.ilga.gov/
Governor Rod Blagojevich - http://www.illinois.gov/gov

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Probing The Ideological Underpinnings of Western Declline

by Gary Wolf

There is almost no limit to what we can learn from the ancients. Greece and Rome are the prototypes of all subsequent Western culture. Their glory has become our glory. But their downfall is also in the process of becoming ours.

The passage of Rome from republic to tyranny, and from there to utter decadence, is well known. But I don’t think I fully absorbed the extent of the similarity between this process and the contemporary West until I read The Satyricon by the Roman author Petronius. It’s an outrageous, bawdy adventure through the depths of decadence in the 1st century AD. No form of hypocrisy escapes this monument of satire. (By the way, The Satyricon was made into a film by Federico Fellini in 1969.)

The crumbling Rome/crumbling contemporary West analogy is not airtight, but there are certainly some striking parallels. The two that stand out from reading this book are (a) the sexual degeneracy, and (b) the proliferation of pseudo-intellectuals. The same mealy-mouthed nihilistic rubbish that we hear every day from our chattering classes was in full bloom at the time of Nero. Perhaps it is a permanent feature of Western culture, rearing its ugly head when decay is in the air.

Another angle is provided by the British historian H. A. L. Fisher:

The devaluation of [Roman] coinage during the third century brought about the ruin of the middle class…More important was a decline in morals, a loss of heart, evident even in the Senate, the body which should have led the Commonwealth in the civic virtues of honour and independence, courage and patriotism…Everywhere save in Egypt there was a dearth of men, and everywhere the immediate reason was the same, a reluctance to bring children into the world.*

Let us move back in time to the decline of classical Greece. Here is a sobering passage on the subject from Will Durant’s Story of Civilization:

Moral disorder accompanied the growth of luxury and the enlightenment of the mind… The individual freed himself more and more from the old moral restraints—the son from parental authority, the male from marriage, the woman from motherhood, the citizen from political responsibility. Sexual and political morality continued to decline. Bachelors and courtesans increased in fashionable co-operation, and free unions gained ground on legal marriage. The voluntary limitation of the family was the order of the day, whether by contraception, by abortion, or by infanticide. The old families were dying out. The supply of citizens for military service suffered a corresponding decrease [and] the life of comfort and domesticity, of business and scholarship, had replaced the Periclean life of exercise, martial discipline, and public office.**
The resemblence to our society hardly needs emphasizing. The question is, can we find a way to avoid the fate of Greece and Rome?

[*H. A. L. Fisher (1936) A History of Europe, Edward Arnold, London, pp 95-96. **Quoted by Gerald L. Atkinson, here.]

You've Got E-mail : And The FBI Wants to Read It

At a time when the United States Senate continues to debate the future of net neutrality, a recent story on CNet reveals that the federal government is seeking the power to monitor all e-mall transmissions in this country.

According to the report by Declan McCullagh, "The FBI has drafted sweeping legislation that would require Internet service providers to create wiretapping hubs for police surveillance and force makers of networking gear to build in backdoors for eavesdropping." As noted in by CNet, the proposed legislation would require any manufacturer of "routing" and "addressing" hardware to offer upgrades or other modifications that are needed to support Internet wiretapping -- it would also authorize the expansion of wiretapping requirements to commercial Internet services including instant messaging if the FCC deems it to be in the public interest.

While we understand that monitoring e-mail may enable the government to prevent some criminal activity, we strongly dispute that the imagined benefits of this surveillance will outweigh the clear loss of privacy that will ensue if these policies are implemented. Stay tuned for more information on this disturbing story. Journalist, programmer, photographer, and Politech founder Declan McCullagh .

AWOL: “Alcohol With Out Liquid.”

AWOL: “Alcohol With Out Liquid.” “AWOL consists of two components: an oxygen generator and a hand-held vaporizer. Tubes from the generator attach to the vaporizer. The user chooses an 80-proof spirit, which is poured into the vaporizer. Oxygen mixes with the alcohol producing a mist which is inhaled through the mouth. Alcohol enters the bloodstream through the lungs rather than the stomach making AWOL low calorie and low carbohydrate.

The new method is known as AWOL, an acronym for “Alcohol With Out Liquid”, and is a hit in the global club scene due to the euphoric “high” created when alcohol is vaporized, mixed with oxygen and inhaled.

It is designed to allow people to enjoy the effects of alcohol mixed with oxygen. It promotes a sense of well being and a mild euphoria. It is a fun new legal way to take alcohol.

Get Your AWOL Machine Today!

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Stem Cells May Provide Possible New Treatments For Stroke

Science Daily — Stem cells are immature cells that reside in selected regions of the adult brain. These cells can develop either into nerve cells or into other cells that are important in the brain, such as astrocytes. Astrocytes are the most abundant cell type in the brain, and they play an important role when the brain is damaged.

The dissertation shows that activated astrocytes release substances that activate stem cells within the brain.

"We have shown that a very interesting hormone known as 'TRH' is released in large amounts after a stroke, and that this hormone can not only protect from damage but also lead to the activation of stem cells", says Jonas Faijerson.

The stem cells also release survival factors to the surrounding brain tissue when the brain is injured or diseased. The dissertation describes the identification of a completely unknown survival factor, which the researchers have named "pentinin". "Pentinin protects brain cells from several of the effects that a stroke causes. Both TRH and pentinin are interesting candidates for the development of new treatment strategies for patients with stroke. It is possible that these substances could be given in tablet form, as a drop, or as a nasal spray, when a stroke is suspected", says Jonas Faijerson.

The research has been carried out at the Centre for Brain Repair and Rehabilitation at the Sahlgrenska Academy.

Dissertation submitted for the degree of Ph. D. in Medicine at the Sahlgrenska Academy, Institute of Neuroscience and Physiology, Section for Clinical Neuroscience and Rehabilitation

Title of the dissertation: Neural Stem/Progenitor cells in the Post-ischemic Environment: Proliferation, Differentiation and Neuroprotection The dissertation has been successfully defended.

"The Two Wolves": A Cherokee's Story About Native Wisdom.

Courtesy of Sonia Revised from 5-12-07

"THE TWO WOLVES": A CHEROKEE’S STORY ABOUT NATIVE WISDOM.-

I read this story for the first time a few years ago on True Nature, Jenny’s blog, and now I want to share with you all this amazing Native Wisdom’s Story.
..........
A Grandfather from the Cherokee Nation was talking with his grandson.

"A fight is going on inside me," he said to the boy."It is a terrible fight and it is between two wolves."

"One wolf is evil and ugly: He is anger, envy, war, greed, self-pity, sorrow, regret, guilt, resentment, inferiority, lies, false pride, superiority, selfishness and arrogance."

"The other wolf is beautiful and good: He is friendly, joyful, peace, love, hope, serenity, humility, kindness, benevolence, justice, fairness, empathy, generosity, true, compassion, gratitude, and deep VISION."

"This same fight is going on inside you, and inside every other human as well.

"The grandson paused in deep reflection because of what his grandfather had just said.

Then he finally cried out; "Oyee! Grandfather, which wolf will win?"

The elder Cherokee replied, "The wolf that you feed."

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