The Law

The American Legal System is a Fraud

The governing philosophies that rule the legal system are: (a) “legal realism” by which is meant that the judge decides whom he wants to prevail (or who “should” prevail as the legal theorists would claim, not wanting to let the cat out of the bag that the judge is not a philosopher king and is likely to rule for his former law partner or for the utility companies); and (b) “critical legal studies” which is an basically a Marxist theory that mirrors “legal realism” but is even nastier because the criteria by which the judge is supposed to decide who should prevail is based on which litigant belongs to the “victim class” and which one belongs to the “oppressor class.”

These two philosophies work very well upon a foundation of the “common law system” which we in Anglo-Saxon countries “enjoy” as opposed to the code system most European countries use.

When I was in law school, the professors would tout the benefits of the common law system especially its “flexibility.”

What has happened is that on most issues there are contradictory so-called “precedents” from which the judge can choose much like an artist chooses which color to use from his palette.

I followed the cases of several White dissidents who were prosecuted in trumped up claims that they incited someone else to commit a crime.  (The SPLC’s Morris Dees specializes in such cases and such claims.)

Some decades ago a White businessman won a lawsuit against the NAACP arising out of a boycott of White-owned stores in a small town in Mississippi.  The local Blacks had ignored the NAACP’s calls for the boycott.  Enraged by the failure of the brothers and sisters to obey instructions, the NAACP sent the brother of Medger Evans to speak in the local Black churches.

In his sermons Evans warned the local Blacks that the NAACP was going to be taking down the names of Blacks who shopped with White merchants and that they were “going to break your necks.”

Sure enough the houses of Blacks who didn’t obey were burned down.

This was the case of Claiburn Hardware vs. NAACP.

The U.S. Supreme Court indignantly overturned the judgment against the NAACP and said that the 1st Amendment protected such speech.  In order for speech to constitute an incitement and to give rise to liability the speech had to be a direct and immediate incitement.

This “precedent” has been cited by attorneys defending White activists over and over again.  Never has any Judge cited it or relied on it.  Instead, the Judges have chosen other precedents and have allowed Dees to get judgments against White activists whose statements really did not threaten any violence at all.  Dees and his witnesses were allowed to deconstruct the text of the statements and to explain to the jury that when a White racist tells an audience “we are non-violent” and things like this, that such statements are “code” for “go out and commit crimes.”

The fact that not one court has ever cited Claiborne Hardware vs. NAACP in cases brought against White activists even if only to distinguish it shows just how fixed the system is.

The icing on the cake is a little known “rule of court” in the federal courts which allows the Judges to make a ruling and include in the ruling a holding that the decision will not be precedent on any other case and to order that the decision never be published!

This was done in the Georgia case of Carver vs. State so the federal courts could uphold a kangaroo court conviction of a Klansman in which — among numerous other outrages in the conduct of the trial — the trial judge denied the defendant the right to subpoena evidence in violation of Mapp vs. Ohio and the Fourth Amendment.

Almost no lay Americans are aware of this unspeakable star chamber rule and the vast majority of lawyers don’t know about it either.

There was a proposal a few years ago to change this rule and the federal judges vehemently opposed taking their “discretion” away from them.

The American justice system is held in awe by its victims who haven’t got a clue about how it works.  Its filth and corruption are made all the worse by its hypocrisy.

Obviously, there are many judges who are fine men and women and do follow the law.

But they are very much in the minority.

As Montesquieu said there is no crueler tyranny than one in which the forms of the law and justice are maintained without the reality.

Thorborne Richardson is an attorney.

Christopher Donovan on Melvyn Weiss: Being Jewish Means Never Having to Say You're Sorry

Jews amass great fortunes by unethical means, can depend on a network of high-powered figures to defend them, and continue their shamelessness even after having been convicted of a crime.  Released from prison, they sit around their Florida homes with deep tans and gold jewelry and want to wax serious about Israelis and Palestinians with a friendly reporter from the Jewish press.

Valid pattern revealed by sustained analysis, or a nasty stereotype?

Before answering, read through this recent story from The Jewish Week about Melvyn Weiss, the class-action fraudster.

The article is almost too juicy to quote any one part — read the whole thing, as Instapundit says.  Weiss comes off like a cartoon caricature of the oleaginous Jew:  vain, self-centered, ethnocentric, excuse-making, ruthlessly unethical, lauded by the Anti-Defamation League — and through it all, completely unapologetic.  His Holocaust legal efforts are a nice comedic touch.  His own prosecution is simply a sign of how the “government is taking our rights away,” though it’s easy to imagine Weiss taking the precise opposite stand on the Justice Department’s Nazi-hunting efforts, hate crimes, or sending federal troops to force school integration.

Should Whites adopt the same aggressive and shameless approach?  Could they, even if they wanted to?

Christopher Donovan: The Mohawk Settlement: Some Justice For Whites

Christoper Donovan: At VDare.com, I see that the class action plaintiffs in the Mohawk RICO suit have settled for $18 million.  Attorney Howard Foster’s idea was that by hiring so many illegal aliens, carpet giant Mohawk depressed the wages of American citizens working for the company.  This was a creative legal strategy, a nice victory, and the type of suit that benefits Whites (for the most part — one plaintiff was herself a legal Hispanic).  With a recovery of $250 per worker, the suit was largely symbolic, but it should make big companies think twice about brazen mass hiring of illegals.

In reading the account, I was surprised at what had happened to a Mohawk employee who made complaints while the suit was pending.  Norman Carpenter (not sure if he’s White, but I assume so) went to management about the number of illegal aliens working for the company.  In response, a Hispanic lawyer for the company was dispatched to meet with him — and allegedly threatened him with termination if he kept complaining about illegals.  But Carpenter kept talking, and he was fired.  That turned into a wrongful termination claim, in which Foster sought the deposition of the lawyer, Juan Morillo.  Interestingly, new Supreme Court Justice Sonia Sotomayor has let stand a decision that Morillo be deposed (perhaps she angled for the opinion in the hopes that it would cast her in an independent light).

I would be interested to see what happens to Morillo, whose career got a nice boost from networking with co-ethnics and clerking for a Hispanic judge.  No doubt he felt tingly flexing his prestigious legal muscles in defense of his race, but he’s run into a bit of a problem:  the whistleblower laws.

If Hollywood weren’t run by Jews, a character like Morillo would make for a great movie villain:  a self-satisfied minority fat cat whose trajectory screams “affirmative action” and who makes big bucks representing huge companies and bullying work-a-day Whites who toil in carpet factories, only to be brought low by a scrappy attorney who had justice on his side.

Christopher Donovan is the pen name of an attorney and former journalist. Email him.

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Christopher Donovan: Law School: White Advocates Might Just Apply

Christopher Donovan: The legal job market is awful.  Even when it’s not, the promise of fulfilling and plentiful $100K+ jobs is a lie.  Law school creates huge debts (often on top of college debt) that can’t be paid down easily by most lawyers, who sometimes earn less than the police officers they work with in criminal law or the accountants they work with in civil law.

By now — exacerbated by the economic slump — everyone’s on to this as you can see from this article in the Wall Street Journal.

On a personal note, I can vouch for all this.  I went to a modestly-ranked law school in New York City and graduated cum laude, but this was nowhere near enough to land an associate position at the likes of Sullivan & Cromwell — or even many lesser firms.  And it seems that no matter what you end up doing — transactional work at a big firm, insurance defense or Legal Aid — it’s going to be mind-numbing, repetitive, unglamorous work, with pay that’s better than journalism (my earlier career) but still not always so impressive.

But going to law school, for me, wasn’t all about the possibility of getting rich.  Part of my motivation was the anti-White discrimination I’d experienced in my life, and the dawning realization that Whites as a group were getting pretty unfair treatment.  Thus far, being a lawyer has paid some dividends, and I hope it pays more.  Even if you never take up the White cause as a lawyer, understanding the law gives one a great advantage in a society that’s become ripped apart by multiracialism and turns to lawyers for every little thing.  In simply blogging about the issues, I write from a stronger position than someone unfamiliar with the working of American law.

For college-age White advocates out there, consider law school.  Jews through the years have correctly recognized that the legal arena is a great place to advance your cause, and they have done so with undeniable success (and have caused undeniable harm to us).  Whites should take note.

Christopher Donovan is the pen name of an attorney and former journalist. Email him.

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Christopher Donovan: Totenberg On the Bench, Totenberg on NPR, Totenberg Everywhere

Christopher Donovan:  From the Self-Perpetuating Jewish Power Circle Dept. comes the recent news that Amy Totenberg, sister of NPR legal reporter Nina Totenberg, has been nominated to the federal bench by President Obama.

This nomination reflects a well-established trend of powerful Jews, often related to each other by blood or acquaintance, being elevated to incredibly powerful positions in our society that can then be leveraged to keep the other positions protected or elevated.

Nina Totenberg, for instance — in addition to her already heavy liberal, anti-white bias — is now in a position to report positively on her sister (not likely, as that would be too obvious), fail to report negatively on her sister (a guarantee), and generally put a spin on legal coverage that reflects her sister’s likes and dislikes (very likely).

Amy Totenberg, meanwhile, would be in a position to issue rulings that track the bias of her sister’s liberal views.

The two of them together could operate like that two-man hand-crank train car you see in the cartoons.

Did I mention that Ruth Bader Ginsburg officiated at Nina Totenberg’s wedding?

The entire thing makes me sick to my stomach.

One, the same power-grabbing by White gentiles would described by Jews as an example of “the good ole boys’ network”, “institutional racism” or “the white power elite.”  Practiced by Jews, it goes unremarked.  No, make that “uncommentable”, because anyone pointing to it will be branded an awful racist.

Two, unlike high-level nepotism by Whites, the Jewish variety works in a hundred different ways against whites.  Their clear trend, with rare exceptions, is toward policies and media messages that are harmful to white interests.

The Totenberg sisters are not going to be addressing in any positive way the injustices facing whites.  Instead, we can expect them to be working overtime to perpetuate those injustices.

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Christopher Donovan is the pen name of an attorney and former journalist. Email him.

AR Conference Cancellation: What About White Victims of Terrorism?

This weekend was to have been the American Renaissance conference, a fantastic gathering of white advocates from across the Western world.  Its cancellation was forced, as most know by now, because of pressure and terroristic threats received by three (or four?) hotels that were to have hosted.  The anti-white and left-wing elements are gleeful about this development, naturally.

I don’t personally know all the details, and this was actually the first of about four or five conferences in a row that I would have missed (financial reasons, in part).  So I’m casting about in the dark here, but here is what I would like to see.

1.  A thorough investigation by federal law enforcement.  Whether the FBI, the civil rights division at the Department of Justice (criminal or civil sections) or Homeland Security, this entire episode screams out for agents to look into what happened.  Imagine if the NAACP had to cancel a conference because of similar threats.  What would law enforcement’s reaction be?  Swift, fierce and overwhelming.  Law enforcement should set up a sting.  It would be so easy — and bound to catch someone, as the anti-whites are increasingly convinced they’re untouchable.  Yes, most white advocates laugh at the notion that the federal government would ever investigate crimes against us — but don’t be too sure.  Not everyone in federal law enforcement is sitting around itching for the death of the white race, believe me.

2.  Consideration by American Renaissance organizers of civil legal options.  A lawsuit against the hotels, against Fairfax County or D.C. government, against law enforcement, against One People’s Project — whoever else could be named.  Breach of contract, outrageous conduct, prima facie tort, tortious interference, interference with First Amendment rights of assembly and speech, interference with civil rights, emotional distress… you name it, there’s a cause of action, if not a hundred.  Who is this Daryle Jenkins?  Or Jeffrey Imm?  What do these men know about what happened?  Did they encourage illegal activity?  Or civilly tortious activity?  Who are their financial backers, and could those sources be reached?  This option may go nowhere, but it’s worth thinking about.  As a civil defense attorney, I saw the absolute fire-bombing a plaintiff’s attorney could accomplish with nothing but a well-pleaded complaint and discovery.  If you can lay waste to a company because one employee claims sexual harassment — bringing the CEO on down to the cleaning lady in for day-long depositions — imagine what else you could do.

3.  Coverage by the press.  The press hates white advocacy, but they love a juicy story.  “White supremacist conference cancelled” is a juicy story, and there are plenty of people to talk to and comment.  A good reporter should do some digging around.  He (or she) might come up with gold.  If not the NYT, how about the Village Voice?  If there’s no legal recourse here, this must at least be known to the general public, who can usually be expected to say “I don’t agree with those guys, but they should have the right to speak.”  We as white advocates cannot let this incident go undocumented and forgotten, like a modern-day Katyn.  Are you listening out there, journalists?  Jared Taylor will speak to the press, and Lord knows the SPLC will, too.  It’s all packaged up and ready to go… unless, of course, you actually have zero sympathy for white advocates being prevented from meeting, and actively seek to suppress that story because it would present them in too sympathetic a light.  I will be watching, I can assure you.  And I know damn well some of you know about this incident.

4.  Strategizing by white advocates about how to stop this in the future.  This has already been going on, and lots of good ideas have come out, like more-public (i.e., government-run) or private venues.

What’s so depressing about this episode is that it can’t really be called a “wake-up call” for white advocates.  We already know exactly how marginalized we are.  We know exactly what the stiff consequences are for standing up publicly on these issues.  We’ve seen violence against our people.  We’ve seen our people fired from their jobs.  We can’t get paid ads run in publications.  We know CPAC wouldn’t allow us a table.  So, this really is a hard blow.

Could the speakers have their comments recorded and uploaded to the AmRen site for youtube-style viewing?

Christopher Donovan is the pen name of an attorney and former journalist. Email him.

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Christopher Donovan: Trial By Ordeal — Not as Primitive as It Sounds?

Christopher Donovan: An interesting article in the Boston Globe describes how the medieval practice of “trial by ordeal” might have actually worked pretty well. 

Basically, it came down to the social order created by widely-held beliefs — the logic or truth of those beliefs aside.  If everyone uniformly believed that God would punish them for a crime, fewer guilty persons would go through with an ordeal.  So you got a good sense of who’d been bad, and who was falsely accused.  It would have taken a stiffly anti-social European to fool the system. 

Today’s criminal jury trial system might even be less reliable than sticking a hand in boiling water as an indicator of truth.  In multiracial America, there are far fewer uniformly held beliefs.  A system in which a black or Hispanic defendant feels aggrieved by the pressures of living in a “White society” surely feels less moral compunction about lying or fooling the system.  If evil White police, prosecutors, judges and juries are staring you down, who cares?  You’re justified in lying. 

And, consistent with Prof. Robert Putnam’s observation that even intra-racial relations are harmed in a multiracial society, guilty White defendants might feel similarly.  If society is nothing but a crazy mishmash of clashing ethnicities, why not have a little party in the midst of the confusion? 

This is to say nothing of the craziness surrounding the racial makeup of the jury.  As O.J. Simpson found, having black jurors is very handy when the evidence against you is overwhelming.

As a civil litigator, I watched as race — of the plaintiff, defendants, witnesses and juries — absolutely obliterated anything else going on.  Like, say, the facts.  There was no widely-held belief that a barely-injured plaintiff should be denied a financial windfall — no, it was a fellow Hispanic woman looking to get a chunk of white society’s cash, so by all means, help her.  It was a capricious system that often had little to do with witnesses, cross-examination or persuasive arguments by attorneys.  It was a race racket. 

So, while the “trial by ordeal” had truth as its aim (and possible result) in racially homogenous European societies, the trial by jury’s truth-finding function is often subverted in multiracial America.

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