2015
01.05

The following text is from the Facebook page of Montgomery County Commissioner Bruce Castor. A post from December 31, 2014. ( Click for Picture )

1901860_646326345414783_384204306_nThe post presents an angry, frightening and chilling picture of Mr. Castor’s mindset.

A prosecutor for 22 years, including two terms as District Attorney, who has served as President of the Pennsylvania District Attorneys Association. Castor believes he has attained a sterling reputation for pursuing truth, justice, and accountability in public office.


Castor2Interesting analysis penned by Brad Bumsted of the Trib on the AG Kane series of issues.

I have seen what is happening to Mrs. Kane happen before. Our state’s top law enforcer declared war on the competence of career prosecutors but failed to understand that those she picked a fight with know how to fight back.

I’ve seen it happen numerous times and I marvel at how the “bully” doesn’t see it.

While the oft quoted adage involving newspapers: “you don’t go to war with a group that buys ink by the barrel…” may be a cliche, as is often the case with cliches, it became one because it is true.

A similar, perhaps soon to be cliche, might go “you don’t go to war with a person who spends his/her professional life figuring how to [screw] others…”

Castor1If General Kane had achieved that level of professional expertise coming up through the prosecutorial ranks (not to denigrate the successes she did have in the trenches, but there is a difference between a line prosecutor, and a seasoned veteran of investigations and multi-faceted prosecutions that take months, if not years, to build, and hundreds of hours to prepare), she might have thought twice about engaging in this battle.

It is beyond question that she has lost.

What is in doubt is how badly, and what the fallout will be.

Career lawmen think strategically. They don’t go for the immediate gratification of a personal attack, instead preferring to set the board up just right and striking at the precise moment where the object of the attack cannot recover.

I do not see how it is possible for Mrs. Kane to recover, as she is warring with not only newspapers (ink by the barrel) but also against professionals who really know their business.

I’ve witnessed a long line of politicians who have picked fights like this for short term personal or political benefit. I can’t recall any that have managed to avoid being hurt far more seriously for having done so.

The irony is I have also seen the “doubling down” behavior exhibited by Mrs. Kane backfire time and again with politicians who want to continue the fight. Very damaging, as inevitably civil war ensues while the opposing party fills the vacuum.

The moral: don’t pick a political fight against someone schooled in how to really hurt you.


An immediate reaction was not posted, as perhaps Mr. Castor had started his New Year’s Eve celebration early.
There has been time for Mr. Castor to consider his post, and to edit or delete it.

I will now address the twisted mindset of the Commissioner.

I do so as a person who has been denied the protection of the law while my civil and constitutional rights have been ignored in Montgomery County since 2007. The terror of my experience, and the destruction of every aspect of my life has lead to the finding of an unconstitutional law which causes, permits, excuses and ignores injustice. Even after finding the unconstitutional ‘law’, the injustice and lawlessness has continued the unrelenting attack upon my life, my family and my freedom.

I stood before Mr Castor in October 2013 and presented the unconstitutional law publicly asking for the Montgomery County Commissioners to assist in removing the law and preventing further injustice. Mr. Castor did nothing.

Where this law had affected myself, the children and families of the Luzerne County Cash for Kids scandal, and over 45 million homeowners nationwide affected by fraudulent foreclosures using false and robosigned documents, Mr Castor’s ‘sterling reputation for pursuing truth, justice, and accountability in public office’ existed only in his biography and in his imagination.

I did not pick any fight, I requested the proper actions of law enforcement and I was IGNORED.

I expected proper procedures, protection of the law and justice to be served by the courts and I was IGNORED.

My survival and perseverance through the crimes, allegations, investigations and injustices was perceived as ‘engaging in battle’ by those who Castor’s New Years Warning describes as those who “know how to fight back.”

The people “who spends his/her professional life figuring how to [screw] others…” Where losing, how badly and what the fallout would be was the loss of every aspect of my existence – family, career, friends, possessions, home.

“Career lawmen think strategically. They don’t go for the immediate gratification of a personal attack, instead preferring to set the board up just right and striking at the precise moment where the object of the attack cannot recover.” Their strategic thinking was undone by my sincerity, my perseverance, the truth and an ability to foresee the unimaginable and survive the unavoidable.

Those “schooled in how to hurt” me, or anyone, possess a character so flawed by corruption, injustice and conspiracy that they are not capable of recognizing that my effort to remove an unconstitutional law also relieves them of the burden of it’s mandate. A mandate which has corrupted an entire profession by requiring silence in the face of the most malicious injustice.

Castor’s twisted and angry attacks against Attorney General Kathleen Kane are motivated by the shame and humiliation of his own actions and the actions of his profession.

Castor is likely aware of the efforts of two secret court orders which prevent Attorney General Kathleen Kane from her responsibilities and mandate she neglect involvement even where required by law. These orders directly affect my litigation and my life as the involvement of the Attorney General in the matter is a necessity.

The Montgomery County Grand Jury called the attorney general into their investigation, as such the attorney general is expected to respect the secrecy requested and is not discussing the topic. The attorney general is ALSO prevented from correcting the misinformation being presented by the news media regarding the grand jury which is speculative information at best. Where a grand jury can be utilized to secure and prevent confidential information and records, I am greatly concerned that their effort seeks to conceal and prevent exposure of the involvement of county resources, personnel and departments which affect current and future litigation.

A Special Prosecutor may be requested to testify about the grand jury process, however, in the case of this grand jury, Thomas Carluccio would likely be excused from any testimony which would implicate his wife, Judge Carolyn Tornetta Carluccio, in criminal and unconstitutional actions. Carluccio’s selection to conduct the grand jury seems to be the type of ‘strategic’ move ‘setting the board up’ as you indicated ‘where the object of the attack cannot recover.”

District Attorney Risa Ferman has ignored the reports and criminal complaints. DA Ferman has instructed her detectives NOT to investigate multiple crimes, including identity theft, breaking and entering, burglary, child endangerment, fraudulent conveyance of property etc. The District Attorney has IGNORED EVERY CRIME against me since 2007, while 20 members of the Montgomery County Judiciary have heard the case. The judiciary has neglected to enforce my wife’s compliance with ANY AND EVERY Court Order – while holding me to the most strict written (AND UNWRITTEN) statements.

Where the actions of the judiciary have caused a clear absence of subject matter jurisdiction, absolute judicial immunity is not available to prevent their liability for their corruption. As such, they IGNORE.

Mr. Castor, you have participated in a conspiracy of injustice of massive proportions. As lawyer, prosecutor, district attorney and public official, you should be humiliated and ashamed of your actions and the conspiracy to conceal your efforts. The very last thing you should be doing currently is avoiding you own advice. DON’T BE THE POLITICIAN WHO WISHES TO CONTINUE A FIGHT ON THE WRONG SIDE OF JUSTICE.

DON’T BE THE LOUDMOUTH OR THE BULLY WHO INTERJECTS HIMSELF INTO A SITUATION WHERE HE IS NOT PROPERLY INFORMED.

DON’T INTERJECT YOUR RHETORIC AND MISINFORMATION TO PREVENT LAWFUL ACTIONS TO ADDRESS A CONSTITUTIONAL CRISIS WHICH HAS AFFECTED THE ENTIRE UNITED STATES.

DON’T PICK A FIGHT WITH SOMEONE WHO HAS ALREADY LOST EVERYTHING AND IS FIGHTING FOR HIS SURVIVAL.
– WHERE YOU CANNOT IMAGINE THE TERROR OF LIFE WITHOUT ANY PROTECTION OF THE LAW AND WITHOUT CONSTITUTIONAL RIGHTS, AND
– WHERE YOU CANNOT IMAGINE HOW A MAN COULD PERSEVERE AND BELIEVE IN JUSTICE ACTING WITH GENUINE HOPE AND A BELIEF IN JUSTICE WHICH PERMITS HIM TO NOT HATE THE LAWYERS, BUT TO HATE THE UNETHICAL UNCONSTITUTIONAL LAW WHICH HAS CAUSED THE ENTIRE LEGAL PROFESSION GREAT EMBARRASSMENT.

Your Resignation is appropriate.

Then, recognizing your twisted and perverted abuse of power, and the corruption which you attempt to protect and defend, and your angry attacks against the elected officials who are taking their oath of office and their responsibilities seriously.

Compose a concise letter of resignation where you set your ego aside and apologize to the people you have hurt throughout your career and those families affected by the suicides caused by ignored injustice.

You may want to Thank Attorney General Kathleen Kane. She’s going to restore the reputation of lawyers and the integrity of the judiciary not only in Pennsylvania, but nationwide.

Lathleen-Kane“I knew that I was walking into public corruption. Which again is why I ran.”

“But I will tell you this. Even I am shocked at the level of public corruption.”

“I am shocked at how deep it goes.
I am shocked at how powerful it is.
I have never seen anything like this. It’s breathtaking.
It has been described by the people familiar with what is happening as shameful.”

“But, if this can be done to me as Attorney General, the chief law enforcement officer of the 5th largest state in the country, I am sickened to think what can and may be done to regular, good people who don’t have the resources that I have to challenge it.”

AG Kane acknowledged that the grand jury’s work is “something that’s been on my mind. But I’m very confident that the truth will come out and that justice will prevail.”

JUSTICE IS COMING.

2015
01.05

The Grand Jury was originally a tool which could investigate and address government corruption.

The Fifth Amendment to the United States Constitution requires that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”

Constitutional framers considered this protection “a bulwark against oppression” due to the grand jury’s historic powers to investigate the government and deny government indictments.

The grand jury of the eighteenth century usually consisted of twenty-three people acting in secret who were able to charge both on their own (an accusation known as a “presentment”) and upon the recommendations of a prosecutor.

In addition to its traditional role of screening criminal cases for prosecution, common law grand juries had the power to exclude prosecutors from their presence at any time and to investigate public officials without governmental influence.

These fundamental powers allowed grand juries to serve a vital function of oversight upon the government.

The function of a grand jury to ferret out government corruption was a primary purpose of the grand jury system in ages past.


THE MODERN GRAND JURY IN COMPARISON

Today’s grand jury hardly fits the image of a noble and independent body.

As a practical matter, it is little more than an audience for summary government presentations. Grand juries often do little more than listen to “a recitation of charges by a government witness.”

Prosecutors, unchecked by a grand jury in its modern misconstruction, can easily obtain whatever result they seek in the grand jury room.

“Today, the grand jury is the total captive of the prosecutor,” wrote one Illinois district judge, “who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury.”

The current popular paraphasing suggests that a prosecutor could get a grand jury to indict a ham sandwich. Such is the influence of the prosecutor.

Supreme Court Justice William Douglas wrote in 1973 that it was “common knowledge that the grand jury, having been conceived as a bulwark between the citizen and the Government, is now a tool of the Executive.”

At least one scholar has suggested that the problem of grand jury subordination may be so institutionalized that its very structure violates due process. The critics are unanimous in their condemnation of the modern grand jury process as little more than an elaborate ritual used only to justify by ceremony the decisions of the government.

Commentators disagree on whether to describe the grand jury as the prosecutor’s “indictment mill,” “rubber stamp,” “tool,” or “playtoy.”

The U.S. Justice Department has tacitly conceded that there is almost no such thing as grand jury independence. A 1983 report by DOJ’s Office of Development, Testing and Dissemination concluded that the imbalance of power between the courts and prosecutors on one hand and the grand jury on the other “makes grand jury effectiveness largely dependent on the good will and ethics of the courts and prosecutors.”

Traditional grand juries embraced secrecy as an inherent power of their own, independent of any other governmental institutions. Modern Grand Jury secrecy is court imposed and aimed at aiding the prosecutor in gaining an indictment.

Based on the argument that those who are accused in grand jury documents are denied due process rights which the courts have a duty to protect, it was argued that allowing the continuance of common law grand jury powers would expose countless persons — many of them government agents — to unanswerable accusations in the public eye.

Protecting public officials from public scorn thus won out over upholding the traditional powers of grand juries.

The effectiveness of early American grand juries in ferreting out the shortcomings of public officials “can be gauged from the long lists of grand jury presentments” of early America.


APPLICATION TO THE PRESENT SITUATION IN PENNSYLVANIA RAISES SEVERAL ISSUES WHICH SEEM TO DEMONSTRATE THAT THE AUTHORITY WHICH CALLED THE MONTGOMERY COUNTY GRAND JURY OVERSTEPPED THEIR AUTHORITY AND INTERFERED WITH AND USURPED THE AUTHORITY OF THE EXECUTIVE BRANCH – AN OVERREACH OF JUDICIAL AUTHORITY

The Judicial Branch has ordered the Executive Branch to not enforce the laws of the Legislative Branch.

This was done by two secret orders from two secret courts.

CONCURRENT ACTIONS TO STIFLE/SUPPRESS THE INFORMATION AND PREVENT THE INVESTIGATION BY THE PENNSYLVANIA ATTORNEY GENERAL.

The information which has been published in the news media is speculative as the Grand Jury has not released that information. It is a distraction from the actual events which are taking place and are being manipulated and controlled by the Judiciary under the supervision of a Special Prosecutor who is married to a judge. Of course, the Attorney General may not disclose what the Grand Jury is investigating SO SHE MAY NOT CORRECT THE DISINFORMATION.

Apply Healy v Healy, Healy v Miller and the Constitutional Challenge of Rule 1.6
– the evidence exists within the Montgomery County Courts and the County offices
– additional information has been concealed, prevented and denied which related to intrusive surveillance authorized by the judiciary in an investigation which existed to harass.
– Surveillance and wiretaps must be authorized and signed by the Superior Court of Pennasylvania.
– When the Constitutional issue became clear to the court – and the litigant was taken seriously – the efforts to conceal the information, interference with the administration of justice, denial of constitutional rights, occurred and can be demonstrated on the record of the Superior Court.
– Secret orders were issued by secret courts to prevent Pennsylvania Attorney General Kathleen Kane from lawful involvment. Notice was provided pursuant to the law and procedure which indicates that the attorney general must be informed where a matter will be raising the issue of unconstitutional law(s).
– A Grand Jury was called to threaten, intimidate and investigate the Attorney General. The grand jury called NOT by the prosecutor but by the Judiciary- at the direction of Chief Justice Ron Castille.
– Chief Justice Castille had been advised of the Constitutional Challenge of Rule 1.6 and the unconstitutional effect on litigants which caused the loss of rights and denied any protection of the law.
– The entire Pennsylvania Legislature had been advised of the Constitutional Challenge of Rule 1.6 and the actions which necessitated it.
– The Governor was advised of the Constitutional Challenge of Rule 1.6 and personally handed a copy of the documents.
– The Judiciary Committees of the Pennsylvania Legislature were notified and provided documentation.
– Every Sheriff in Pennsylvania was sent copies of the documentation.
– The American Bar Association was sent a cease and desist letter in September 2014 addressing their involvment in the sedition of the judiciary.
– The US Attorney General and EVERY United States Attorney was notified of the Constitutional Challenge of Rule 1.6.
– EVERY state Attorney General was served with the Constitutional Challenge filed in Federal Court in August 2013. The failure of every Attorney General to Answer indicated their default in the matter. By fraud, a document was filed which caused the matter to be subject to acts in the furtherance of fraud which while unsubstantiated incorrectly indicated the matter was dismissed. There is no signature by any judge on any document indicating the matter was dismissed. Signed copies were not provided or available.
– The Third Circuit Court of Appeals handled the Constitutional Challenge similarly, without any proceeding and without any signatures.

The Superior Court of Pennsylvania handled three different appeals similarly – neglecting with deliberate intent to address the lack of subject matter jurisdiction for the order upon which was based all three lower court actions – without and proceedings and without any signatures. As there is no evidence of the involvement of the Superior Court Judiciary, and none has been provided when requested, a Complaint was filed indicating the denial of access to the courts, the interference with the administration of justice and the violations of Pennsylvania law by the Central Legal Staff of the court.

Where it was not the Litigant’s intention for the Appeals to demonstrate the unconstitutional actions experienced, the actions which occurred violated procedures, the law and the constitutional rights of the litigant. Those actions could only have been executed by the court staff. Where they may attempt to conceal those actions pursuant to Rule 1.6 Confidentiality of Information, the unconstitutional affect of Rule 1.6 is PROVEN.

Why would the Central Legal Staff not provide the Appeal to the Judiciary?
Why would the judiciary allow this to occur?

When Carolyn Tornetta Carluccio issued her defective and void order of May 9, 2011, the actions was in the complete absence of subject matter jurisdiction. She then neglected to correct the error when promptly informed. Carluccio then retaliated issuing further orders based on her defective order. Absolute Judicial Immunity is available in all situations EXCEPT ONE. In the Absence of subnect matter jurisdiction, Absolute Judicial Immunity is NOT available to the judge.

Any judge who properly indicates the lack of jurisdiction for the defective and void order CONCURRENTLY exposes the liability of Carolyn Tornetta Carluccio.

Any judge who enforces the defective and void order is additionally subject to liability without the protection of absolute judicial immunity.

So the Central Legal Staff of the Superior Court handles the appeal paperwork, affirms the lower court decisions, ignores the lack of jurisdiction, fails to apply the law, violates the judicial canons in documents forged and attributed to the judiciary – BUT NOTHING IS PROPERLY SIGNED. The Central Legal Staff is protecting the judiciary from liability. BUT, where Rule 1.6 may have permitted their actions to remain confidential, Rule 1.6 is instead demonstrated to be unlawful and unconstitutional.

As the Superior Court actions cannot be attributed to any member of the judiciary or panel, the judiciary escapes the liability for their actions.

The Superior Court Judiciary has not stepped with signed documents which would indicate responsibility for the decisions and liability for the enforcement of a void order, which would relieve the Central Legal Staff of criminal liability.

The Judiciary have painted themselves into a corner where their corruption and the undoing of their authority has been exposed.

Further Grand Jury Information…