May 10th, 2011 8:25 am ET
Corporations having First Amendment Rights, as ruled by the Supreme Court, has been challenged by Human Rights Alert and proven on Monday to be a bogus court ruling according to the Freedom of Information Act (FOIA) response that Human Rights Alert received. The response evidences that the FEC produced invalid records about the case including noNEF on the ruling documentation.
Citizens United v Federal Election Commission (FEC) (08-205), a landmark decision of the US Supreme Court, was reported to have accorded corporations First Amendment rights.
The ruling was a “decision holding that corporations and unions can spend unlimited amounts of money in election campaigns… a stunning example of judicial activism…” as Human Rights Alert head, Dr. Joseph Zernik highlighted today.
As of yesterday, however, Dr. Zernik has evidence that the Corporation Corporate Rights ruling “cannot possibly be a valid court record” he said. Dr. Zernik lists the following four reasons:
- It is a record dated January 21, 2010, whereas the online docket noted the issuance of a Judgment on February 22, 2010.
- It is an unsigned record, which bears a stamp certifying that it is a “true copy” of an unsigned original record.
- The stamp is signed, but not dated. Moreover, the name and authority of the person who signed the stamp (Cynthia Rapp) were not printed below the signature line. Therefore, the signature on the stamp, certifying “true copy” is of dubious validity as well.
- It has no true and valid attestation/authentication by the Clerk of the Supreme Court of the United States. Contrary to what was stated in the FOIA response letter [i], the record provided did not include true and valid attestation/authentication by the Clerk of the Supreme Court of the United States.
In a statement that Dr. Zernik released Tuesday after receiving the FOIA evidence, he highlights the legal definition of Authentication:
“An attestation made by a proper officer, by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed by law to do so… By authentication is also understood whatever act is done either by the party or some other person with a view of causing an instrument to be known and identified.”
“It should be of particular concern that FEC, like other parties to the litigation, so far has not produced a copy of the February 22, 2010 Judgment as served on FEC by the Clerk of the Supreme Court,” stated Dr. Zernik.
According to Zernik’s official documentation, the record produced was derived from the PACER docket of the US Court, District of Columbia is invalid because it had no Notice of Electronic Filing, (NEF), a US requirement for valid rulings.
Human Rights Alert, founded by Dr. Zernik, is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of State of California and United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice.
Dr. Zernik has advocated for now freed attorney Richard Fine who was falsely imprisoned, advocated for some 30,000 Falsely Imprisoned Persons (FIP) in the Los Angeles prison system, and advocates for homeowners robbed by banks due to court corruption.
At the time, Zernik stated “These are securities fraud that would bar a person from the financial industry for life.” (See: (Video) Evidence of Bank of America fraud, Dupré, D., Examiner, Feb. 4, 2010)
In 2011, after proving court corruption including his smoking gun, lack of NEFs that has made thousands of court rulings invalid and large sums of money for certain officials and industry leaders through corrupt deals, Dr. Zernik was threatened with violence by unidentified armed federal agents. (US Marshals threaten violence against Human Rights defender, Dupré, D.)