United States Judicial Ethics – Troy Davis Execution

September 22, 2011

United States Judicial Ethics – Troy Davis Execution

 Padmini Arhant

Troy Anthony Davis, the innocent victim of death penalty was executed following the United States Supreme Court denial on the last minute worldwide appeal to save his life.

Troy Davis maintained innocence and was respectful towards all regardless with a peaceful message to end death penalty.

Troy Davis will be remembered for awakening global consciousness on the urgent need to abolish state sponsored unnatural death in the twenty first century.

Clemency rejection despite the verdict clouded with too many reasonable doubts is a scar on the present judicial policy influenced by politics and personal ideology.

United States taking pride as the modern democracy is at the crossroads to abandon practices threatening civil and human rights contradictory to democratic values – the foundation for republic-governed sovereignty.

Those in power with the ability to ‘Change’ the status quo and lead the nation towards social progress failed in the moral duty and responsibility by upholding their position to deny Troy Davis the right to exist.

Peaceful and non-violent global movement to address social impediments attributed to obsolete laws and detrimental political decisions could deliver the progressive outcome transcending polarizing factors for greater good.

The ultimate power remains with the people to transform the political will in the society.

Citizens’ representation not reflected in action requires collective response through corrective measures during the electoral process.

Troy Davis legacy to humanity to challenge injustice and medieval customs like death sentence will continue in his honor and memory forging peace and harmony.

Troy Davis presence in spirit will be cherished in service to humanity filled with compassion and healing power.

With heartfelt condolences to Troy Davis family and millions of supporters around the world especially in the excruciating final moments of his life,

Prayers offered for Troy Davis soul to rest in peace after the pain and suffering he endured on earth.

In remembrance of Troy Davis sacrifice for social justice,

Peace to all!

Thank you.

Padmini Arhant

http://youtu.be/eED05-k3_Ik http://youtu.be/_Nv3Gdthq1M http://youtu.be/sJAoEyt96EM http://youtu.be/DGLhv0QEI0M http://youtu.be/lhLqyQZqyfY http://youtu.be/qmAzczwsNRQ http://youtu.be/McXzysF8dbo

United States – Troy Davis Clemency Plea

September 21, 2011

United States – Troy Davis Clemency Plea

Padmini Arhant

Troy Davis, citizen of the great State of Georgia is scheduled for death sentence by lethal injection on Wednesday, September 21, 2011 at 7.00p.m.

Troy Davis conviction is a sad chapter in the United States legal history predominantly due to the accused denied a fair trial and the final verdict arrived with a shadow of doubt as admitted by the U.S. District Judge William T. Moore in his latest statement –

“New evidence casts some additional, minimal doubt on his conviction.”

The entire judicial process reveals the omissions on many accounts leading to the wrongful conviction of Troy Davis.

These facts deserve the legal and rational minds attention in the civil society that could possibly prevent the erroneous decision – sentencing the innocent to premature unnatural death.

First and foremost – There is no physical evidence found against Troy Davis – particularly No blood or DNA tied Davis to the crime and the weapon was never located.

Seven out of nine witnesses have recanted their earlier testimonies against Troy Davis claiming they were unlawfully obtained by coercion.

Of the remaining two witnesses –

One of them who has not recanted his testimony is Sylvester “Red” Coles — the principle alternative suspect against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.

Furthermore, Sylvester Coles has stated to Quiana Glover that he was the real shooter. Quiana Glover did not testify at the original trial.

According to latest news reports – “Sylvester Coles could not be reached for comment on Monday and Tuesday, and did not answer his door this week when a reporter visited.”

Death penalty is a serious verdict with irreversible consequence upon execution.

The death sentence mired with doubts and influenced testimonies upheld as final verdict weakens the judiciary system failing to recognize and follow the fundamental judicial premise in criminal proceedings –

Beyond a Reasonable Doubt.

Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant’s guilt Beyond a Reasonable Doubt.

If the jury—or the judge in a bench trial—has a reasonable doubt as to the defendant’s guilt, the jury or judge should pronounce the defendant NOT GUILTY.

The U.S. District Judge William T. Moore confirming the additional and minimal doubt overcast along with the facts presented in this case unequivocally clarify the prosecution failure to satisfy the principal requirement – Beyond a Reasonable Doubt.

The State of Georgia and the Superior Court behind the verdict is burdened with the responsibility to uphold the law of the land honoring individual rights and providing equal access to all parties to maintain flawlessness in judicial process.

The State of Georgia approval of Troy Davis clemency plea would be a monumental step towards ethical efficacy with the southern state leading the nation and the rest of the world on the path of light in ending capital punishment.

Troy Davis humble request to the State and the highest judicial authority for his liberty especially after serving more than twenty years for the crime he did not commit is hard to decline on legal and humanitarian grounds.

It is sincerely hoped that the State of Georgia and the Superior court would kindly repeal the execution of Troy Davis by lethal injection on this day.

Similarly the victim’s family – Mrs. Anneliese MacPhail, Mrs. Joan MacPhail, Mark MacPhail Jr., and Madison MacPhail in recognition of the kindness displayed by the deceased police officer Mark MacPhail could perhaps extend the gesture – sparing Troy Davis life to promote compassion and peace in memory of the honorable police officer Mark MacPhail.

In appreciation and respect for life,

Peace to all!

Thank you.

Padmini Arhant

P.S. Thomas Jefferson – “When injustice becomes law, resistance becomes duty.”

Martin Luther King Jr. – “We must stand up against injustice and for those who are being treated unjustly. The triumph of injustice requires the silence of good people.”

http://youtu.be/DGLhv0QEI0M

Humanity – Death Penalty Abolition

September 19, 2011

By Padmini Arhant

Life is a gift to be cherished and celebrated by all.

Loss of life is traumatic and society utilizing every instance in promoting non-violence would invoke respect for life.

Human life is an opportunity to nurture and save other lives for time is the essence to make a difference in the world.

The limited life span for humanitarian service in any capacity is a blessing with the power to heal the wounded, the bereaved and the less fortunate – spreading compassion in dedication to humanity.

Life sparing actions provide occasions to reflect, review and respond to situations that otherwise are lost in the decisions to end other human being existence.

In modern times, death penalty verdict in murder trials and criminal proceedings sadly freezes the passage of period defaulting to medieval era known for inhumane practices such as life terminations at the individual or collective discretion with regrettable consequences upon extemporaneous delivery in the life and death matter.

The authorities empowered to decide on clemency or leniency plea assume unique role to either follow precedence or guide the misled in the direction of peace and reform adapting to the new millennium progress.

The erroneous executions underscoring the specific objective to grant justice to victims often burden the society with guilt and remorse due to the accused along with the family subsequently falling victim to the irreversible course preempting premature death especially –

When the accused is established innocent based on the factual evidence.

Capital punishment in settlement for another life is a setback in human relation improvement and not very effective in containing crimes within society.

The tradition espouses acrimony against harmony leaving little or no hope to succeed in deterring crime – the judicial aim in maintaining law and order.

Instead reversing the trend with community service focused on sharing the negative experiences of wrongdoings would substantially influence the potential offenders in refraining from unlawful activity.

Social structure and legal system adopting positive methods to discipline and help the incarcerated start afresh vowed to serve society constructively would enable them to build self-esteem leading others in similar situation to follow suit.

Death sentence abolition would reset human mindset in approaching social issues with result-oriented measures transcending polarizing factors to meet the economic and ethical standards in the evolutionary process.

It is sincerely hoped that the global society would consider the request to abolish unnatural death in human control demonstrating commitment to life, restoring faith in virtues serving as the moral compass alongside laws preventing criminal activities without human rights violation.

Across the globe there are many nations still upholding execution in justification of crimes involving mortalities despite the custom fostering violence contradictory to the intended message condemning the fatal act.

Death penalty represents Dark Age in human civilization and continuation in the twenty first century overcast significant accomplishments thus far.

All those individuals in death row from different parts of the world seeking pardon could perhaps be made eligible for repentance with appropriate findings in addition to pledging remaining life towards humanitarian cause and environmental protection ultimately resulting in greater good.

With prayers for goodness to pervade life,

Peace to all!

Thank you.

Padmini Arhant

 

 

 

 

 

 

 

 

 

 

 

http://youtu.be/C6QEZ0EMjeo http://youtu.be/eED05-k3_Ik http://youtu.be/_Nv3Gdthq1M http://youtu.be/DGLhv0QEI0M http://youtu.be/sJAoEyt96EM

Civil Rights Under Attack

June 14, 2011

By Padmini Arhant

The entities behind deaths and destruction on this planet upon being requested to pursue the path of peace in the Middle East and elsewhere have demonstrated their true colors through assault on fundamental democratic right – freedom of expression.

Comments posted on the website www.padminiarhant.com reflecting public view worldwide has been hacked and deleted by the forces in power confirming their insecurity heightened by intolerance to non-violence and peace.

The latest action is by no means a surprise considering the repeat attacks endured since the website commencement to educate and inform the global society on the diabolical agenda implemented under the guise of democracy and other political systems representing plutocracy.

It is well known that communication is targeted to suppress free flow of information to the extent when proposal to shut down Internet was drafted in 2009 setting a dangerous precedence to undermine democracy notwithstanding direct violation of the constitution.

Democracy is threatened when freedom of speech expressing concern over –

Innocent lives killed in illegal warfare,

Profiteering from arms supply at the cost of human lives,

Economic policies benefiting the privileged thereby creating the gulf between the rich and poor,

Social injustice from selective domestic and foreign policy in the so-called war on terror and last but not the least,

The energy sector detrimental ambitions to drill, mine…and pollute to the environment’s peril destroying the  only habitat for life,

Prohibited by aggressive tactics confirming the contemporary era to fascist draconian rule of law.

It is time for world citizens to wake up to reality and defend the individual rights that are increasingly denied under the auspice of maintaining new world order.

Such undemocratic interventions would only precipitate the inevitable decline of powers having wreaked havoc indiscriminately across the world.

The commitment to truth exposure by unveiling the masqueraded behind the scenes events remain steadfast and determined to prevail in the establishment of peace and justice.

Global visitors to the domain are requested to demonstrate solidarity and promote peace by sharing the information on the website.

With profound gratitude to all supporters for their encouraging comments the website is dedicated to serving humanity.

Your incredible support is appreciated.

The website is resolute in delivering the important message on non-violence, peace and unity on humanitarian values in addition to persevering environment protection.

Peace to all!

Thank you.

Padmini Arhant

 

 

 

 

 

Acknowledgment of Worldwide Support to Humanitarian Mission

December 31, 2010

By Padmini Arhant

The website www.padminiarhant.com was launched in June 2008 to serve humanity by addressing the various challenges in all fronts.

Human civilization is aptly reflected in science and technology constituting an intricate part of modern existence.

Technology has revolutionized world performance while simultaneously increased vulnerability in the misuse of the medium.

The dawn of new millennium was celebrated in the shadow of political, social and economic inequality.

Life is a gift and born to be free. Yet in the contemporary society these fundamentals are denied with the significant population subject to oppression, persecution and premature deaths due to the powerful minority dominance over the vast majority.

As a result, individual freedom is regarded a privilege than an inalienable right in the present environment.

Poverty, hunger and disease are widespread from failed policies favoring those in power against the powerless.

The brave and the bold expressing their concerns are falsely accused and condemned for standing up against injustice. Truth is vilified and subversion glorified blocking access to improve status quo despite deteriorating conditions threatening the habitat to the point of no return.

Nonetheless the commitment towards humanitarian service remains strong and determined to stay on course until the tasks are completed.

It’s truly an honor to serve humanity and experience the joy of giving for greater good.

Human spirit is exalted in the devotion to heal the wounded and the suffering defining the purpose in life.

At the minimum abstinence from wrong doings could be helpful to a large extent promoting peace within and around.

The arduous journey thus far would not have been possible without the tremendous love and support from wonderful friends all over the world.

Your genuine care and words of courage provide motivation to persevere in the humanitarian mission.

The kind remarks and outpouring appreciation are accepted with profound gratitude.

Likewise the skeptics and critics’ reservations are respected to accommodate diversity and tolerance.

On the last day of the year 2010 marking the first decade ending,

I sign off with fond memories from the exciting global adventure to many interesting domains.

I look forward to the beginning of the new decade with events hopefully comprising less or no conflicts and more cooperation to make this beautiful planet a reality for all.

Best Wishes and Warm Regards to the citizens across the globe.

Farewell 2010! and Welcome 2011!

Thank you.

Padmini Arhant

P.S. A snapshot of 2010 events is presented in the featured videos.

Wikileaks Founder Julian Assange Imprisoned without Bail for Exposing the Truth

December 13, 2010

By Padmini Arhant

Strange world indeed! Those who should be held accountable for horrendous crimes are granted impunity and the ones standing up for truth are denied justice.

The worst tragedy is the international community remains a silent spectator with the exception of few voices concerned about the assault on freedom of expression – the fundamental right guaranteed in the democratic system under the constitutional law.

These honorable members in the society denounced the bizarre circumstances used to apprehend the truth digging website founder – Julian Assange of wikileaks.

Ever since wikileaks released public information that has been successfully buried as ‘classified’ for an indefinite period,

Julian Assange became the political target and a thorn on the side for the ‘New World Order.’

Julian Assange courageously challenged the powerful establishment on behalf of the nearly six billion population drastically affected by feudalists promoted economic and war policies threatening the democratic societies currently governed not by the constitution or the will of the people but instead the agenda at the political helm.

The recent developments more appropriately the setbacks like the France Pension bill pushed against the national protest much to the detriment of the workforce’ entrants and those nearing retirement is-

Now adapted in the United States through tax cuts extension to the wealthiest and proposals to disseminate social security – the only safety net for the vulnerable retirees also facing prolonged retirement,

Along with national deficit burden shifted to the debt saddled average Americans – are just the tip of the iceberg.

Similarly in the war strategy, the campaign promises to engage in diplomacy and peaceful negotiations have been replaced with prolific arms trade and nuclearization under the worldwide civilian nuclear energy program pretext thereby intensifying the global security threats for continuation of illegal military invasion, occupation and warfare.

Further the nuclear strike warning against the selective adversaries and conducting marine drill on the Yellow sea despite North Korea’s agreement for nuclear disarmament and peace treaty is alarming.

In other volatile regions, the decision to end U.S. persuasion of Israel on the controversial Jewish settlements expansion is an explicit complicity to issues derailing peace prospects in the Middle Eastern conflict enabling perpetual arms supply to Israel and militancy rule in the Palestinian territory – Gaza.

South East Asia – the Indian sub-continent with two nuclear states India and Pakistan is simultaneously equipped with ammunition – when Pakistan’s Army chief Ashfaq Pervez Kayani was guaranteed $2.9 billion military aid rather than providing the people of Pakistan with the desperately required humanitarian aid for nation building.

Likewise, the trade deal prioritized arms sales to India over civilian infrastructure and high end technological projects fomenting regional tension between the nuclear neighbors.

The incumbent administration role in advancing the military industrial complex conventional and nuclear arms race facilitates confrontation than reconciliation.

Iraq and Afghanistan are parallel in political representation and military operation with peace being a misnomer in the war torn nations delaying troop withdrawal.

Yemen, Somalia and Sudan are the surrogate battlegrounds in the so-called war on terror between the formidable and sophisticated U.S. NATO alliance against the by-far inferior and marginalized terror networks operating without organizational structure or a chief.

Although the highest authority in the U.S. military and Western intelligence have consistently presented the messages from Osama Bin Laden thus offering a PR platform for the terrorist group, somehow the world’s most wanted terrorist still at large given the surveillance dragnet across the globe as revealed by wikileaks.

Meanwhile the U.S. State department has rejected electoral mandate and appointed the unpopular leaders in Iraq and Afghanistan confirming the personal preference and authority in foreign policy.

It is important to highlight the U.S. Secretary of State Hillary Rodham Clinton disclosure to reinstate the deposed Pakistan leader Gen. Pervez Musharraf widely known for military rule rendering the constitution as well as the Supreme Court irrelevant and allegedly associated in the assassination of his political rival Prime Minister Benazir Bhutto.

This information came to light during the latest cables publication by wikileaks as a service to humanity.

The U.S. State department and intelligence have also been cited in the Latin American coup d’état prevailing in Honduras in 2009 and fortunately failing in Ecuador in 2010 as a warning from the republic to refrain from political meddling.

Wikileaks dedication towards public awareness on secret policies intended to ruin and destroy innocent citizens with the armed forces sacrificed in the war zones through lies and deception is condemned by those abusing the power in defiance of the constitution.

The political witch hunt by the NWO representatives against wikileaks and peace activists opposed to prevalent undemocratic and unconstitutional practices is indicative of declining democracy paving way to authoritarianism.

Powerful entities in complete disregard for checks and balances maneuver laws to favor individual positions.

For instance a blogpost titled Don’t Ask Don’t Tell – Repeal was published on this website on December 5, 2010 with a featured video related to Presidential power and Constitutional law – a conversation between the Independent former Presidential Candidate Ralph Nader and Judge Andrew Napolitano.

There was a reference to Presidential power misused in ‘Targeted Killings’ of American citizens on foreign soil as unconstitutional. The video is posted for repeat viewing.
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On Dec 7, 2010 the following article published in The New York Times:

Suit Over Targeted Killings Is Thrown Out – By CHARLIE SAVAGE – Thank you.

Published: December 7, 2010

“WASHINGTON — A federal judge on Tuesday threw out a lawsuit that had sought to block the American government from trying to kill Anwar al-Awlaki, a United States citizen and Muslim cleric in hiding overseas who is accused of helping to plan attacks by Al Qaeda’s branch in Yemen.

Moreover, Judge Bates found, it would be inappropriate to second-guess, ahead of time, national-security officials’ evaluation of whether intelligence showed that some overseas person — even a United States citizen — poses such a threat that the person should be killed.

He sidestepped several issues, including whether the Congressional authorization to use military force against the perpetrators of the Sept. 11 attacks, covers Yemen or the terrorist group there, whose connections to the original Al Qaeda are hazy.

The opinion said it was unnecessary to decide whether the litigation should be dismissed under the state-secrets privilege, which allows the executive branch to block lawsuits that could reveal national-security information.

The administration had invoked that privilege in its briefings, but urged Judge Bates to dismiss the case on different grounds.”
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By Padmini Arhant – False charges against Wikileaks

It is noteworthy that the video featured on this website on Dec 5, 2010 and Dec 7, 2010 the trial outcome is delivered in favor of the administration.

Is it coincidence or demonstrating the mantle of power?

In the era where truth is punished and subversions easily accepted, the atrocities committed since the dawn of the twenty first century in the name of ‘political capital’ is summed up as:

The Obama administration will not investigate torture, rendition, kidnapping, detention without trial, denying habeas corpus basically abandonment of constitution emanating from illegal invasion of a country proved to have no links with terrorism against the United States.

Regardless of the brutal invasion resulting in loss of millions of lives, displacement of people as refugees, orphans, widows and widowers – political instability, national insecurity, economic chaos and sectarian violence claiming more lives up until now.

U.S. armed personnel in the age group 18 – 25 years old are memorialized and the veterans’ families have no options but to deal with harsh realities of life.

Yet the administration’s response is – “We must move forward and not look back. It is time for reflection and not retribution.”

Whereas wikileaks’ publishing substantial data that unfolded the corruption, lack of ethics and presumptuousness in the unleashing of power at various levels until now is condemned as – treason and violation of law calling for indictment.

With respect to the U.S. State Department cable instruction to obtain U.N. officials’ credit card, mileage and other personal details is no surprise considering dissenters’ experience in politics.

The interesting factor is the U.S. Secretary of State Hillary Clinton’s remark at wikileaks following the State department cable embarrassment – ‘Stealing confidential information is criminal.’

However, the rule does not seem to apply to the State department’s unlawful access to private citizens and diplomats personal facts.

If wikileaks’ bold and admirable humanitarian deeds are ‘reprehensible’ to those in breach of the constitution and international law then,

It’s time for soul searching and acknowledge the self-imperfections prior to accusing others.

Otherwise it reflects hypocrisy and grandstanding.

This article would not be complete without highlighting the communication media contribution towards injustice.

The Pot Calling the Kettle Black


Privacy, Crime and Security Online

The search engine ‘Yahoo’ reputation for their cooperation with the powerful authority in jeopardizing the freedom and individual rights of peace and pro-democracy activists is well known.

Ref: http://www.wired.com/threatlevel/2007/07/yahoo-outed-c-2/

Yahoo Outed Chinese Dissident Knowing Investigation Was Political, Documents Show — UPDATED

By Ryan Singel – July 31, 2007 – Thank you.

“Following on yesterday’s post about a newly unearthed document that contradicts Yahoo’s statement to Congress about its involvement in China’s jailing of a dissident, the same human rights group has translated emails in another case, showing that in 2002 Yahoo turned over emails about a democratic political movement that led to political persecution by China.”

See Also

• ‘Yahoo Betrayed My Husband

Dissident Jailed, Assist to Yahoo

Jailed Chinese Journalist Joins Suit Against Yahoo

Yahoo Knew More About China Journalist Subpoena Than It Told Congress It Did – Updated

The irony in this presentation is entities in glass house casting stones at those risking their life to restore human values.

Perhaps introspection instead of incrimination might eliminate misconceptions about humanitarians.

Wikileaks founder Julian Assange exercised the freedom of speech – the basic human right and no human being deserves to be imprisoned for using the individual right for greater good.

It is earnestly hoped that the founder Julian Assange will be set free in the absence of evidence to the charges that are purely political.

Good Luck! To the Wikileaks founder Julian Assange.

Thank you.

Padmini Arhant

Truth Verification and Implication on Whistle Blowers

September 18, 2010

By Padmini Arhant

In the bizarre political environment – certain talking heads for the political class or the establishment in Washington condemn truth in the name of free speech while forbidding others of the same constitutional right confirming hypocrisy in the so-called democracy.

Propaganda through subversion of facts is the typical characteristics in the denial and dismissal of truth, despite evidences in the relevant matter.

Truth and first amendment rights are the primary targets in successfully evading debates concerning human tragedies from health, economic to incessant warfare.

Attempts to discredit those raising legitimate questions on national issues and humanity at large bear uncanny semblance to the political systems depriving citizens of the democratic right to express views and opinions.

Ordinary citizens are expected to accept responsibility for their actions; meanwhile the extraordinary held above the law regardless of the issues.

The buffer created to protect the authorities from any investigation constitutes the distinctive hierarchy that in itself is undemocratic expanding the opportunities for history to repeat itself in recent times.

As for the various speculations on the possible intentions behind the humanitarian issues facts finding – there is no materialistic, political aspirations or celebrity quest involved in the spiritually guided humanitarian mission selflessly carried out to protect the planet and the inhabitants from further degradation in preparation for the new peaceful era.

The declaration in April 2010 is not a personal affirmation to any political status but a revelation in the contemporary sense on the spiritual being’s arrival and presence as the humanity’s protector to complete the cosmic realization in correlation with time and space.

Any skepticism or criticism in this regard would be an individual prerogative and the perspective is respected.

Nonetheless, if there are any from the expected quarters, then it would be a ‘selective and convenient,’ position given their precise instructions to get the political candidates elected in the midterm elections and follow the order.

Innuendoes suggest political approach as ‘calculating,’ and not “Saintly” – disregarding the notion that when defending the oppressed, persecuted and exploited population – the victims in the contentious politics with excess greed for power, fame and fortune,

The defender’s position to the powerful and the critics would always appear anything but reasonable.

Besides, from earlier experience it’s clear that when dealing with political and social issues, politeness is mistaken for weakness and silence misconstrued as an ‘apology,’ among some elite and presumptuous in the social-political circle. The populace grievances are neglected with no real or long lasting solutions to the problems.

Immigrants cited as ‘foreigners’ continue to be marginalized by the visibly clamorous ‘minority’ in the television and news media representing the oligarchy.

Fairness and equality is a misnomer with high level of suspicions against individual’s genuine sacrifices for humanitarian good reflecting xenophobia.

However, the horrendous crises resulting in loss of life or serious health problems requiring attention are not a priority and considered unimportant at the least inconvenient.

The lack of empathy for the poor and the ignored majority is an accepted norm in the contemporary society. Upon request to alleviate suffering, the action is misinterpreted as an unnecessary intrusion with ulterior motives.

Unless there is unanimous recognition for honest commitment to deliver in common interest, the gap between the rich and poor will widen with the continuous burden on the wealthy to provide for the rest.

Human conditions could vastly improve with the ability to survive and maintain an affordable economic and healthy habitat. It is made possible by strong political will dedicated to serving the people electing them to office.

Moral and ethical failure is contributed by the abuse of power with no accountability and transparency in political and corporate dealings. Above all, the concerted effort to discourage the pursuit is quite disturbing.

Hence dissent against war and disappointment in other national issues are easily suppressed under these conditions.

Therefore, whistle blowers are forced to submerge and portrayed as potential threats to the status quo through certain volunteers in the news media across the spectrum contrary to them being the voice for democracy.

Democracy is cosmetic rather than realistic in a society without equal rights.

Thank you.

Padmini Arhant

Supreme Court Nominee – Solicitor General Elena Kagan

July 1, 2010

By Padmini Arhant

The Senate Judiciary Committee hearing to confirm the Supreme Court Nominee – Solicitor General Elena Kagan is in process.

Solicitor General Elena Kagan upon confirmation would succeed the retired Supreme Court Justice, John Paul Stevens to the United States Supreme Court.

Notably, the appointment would strengthen the female representation to one-third on the current bench.

While it still remains a minority. it’s a significant social progress made in recent years to the highest court on land.

President Barack Obama’s commitment in this respect is praiseworthy.

Since the hearing commencement, the Solicitor General Elena Kagan has responded patiently and diligently to most if not all of the issues raised by the distinguished panel.

The Solicitor General’s disposition conforms to the previous appointees for similar position.

Therefore, it’s not unprecedented in the Senate confirmation hearing.

Although, departure from such tradition would benefit public confidence in the potential lifetime appointee entrusted with judicial duty on life and death matter.

The Senate members posed many important issues to ascertain the nominee’s position. Some were politically motivated and the majority relevant to the cause.

Solicitor General Elena Kagan’s background and credentials has been under scrutiny from the early introduction to until now.

The Supreme Court nominee is profiled for better understanding and in some instances caricatured to place the aspirant in spotlight depending on the critics’ “ethical” standard.

Solicitor General Elena Kagan stellar academic and career achievements have rightfully earned the recognition leading up to the Supreme Court nomination.

The buzz about the nominee from the beginning was her lack of experience in the capacity as a ‘Judge,’ despite the precedence set by the Supreme Court predecessors, the latest being the former Justice William Rehnquist nominated by the Republican President Ronald Reagan.

During the Senate hearing, the nominee, Elena Kagan had to address diverse issues ranging from:

The executive power, Congressional deference, corporate influence, political activism – a common attribute towards the democratic nominee by the opposition, past incidents linked to,

The military recruitment on college campus including clarification on personal statements and memos to determine adaptability to the existing judicial view.

Solicitor General Elena Kagan maintained throughout the session that she would strictly adhere to the Constitutional law and not attempt to interpret it differently for political or any other reason.

Further, the Solicitor General elaborated on personal humility and pledged to respect the precedential settings on historic hearings notwithstanding the Supreme Court recent ruling safeguarding the second amendment.

In addition, some Senate members sought assurance from the nominee on the denial of Habeas Corpus to detained terror suspects apprehended from civil or combat environment.

The nominee in agreement with “battlefield law, including indefinite detention without a trial, could apply outside of traditional battlefields.”

International law was extensively discussed against the Constitutional law to establish the nominee’s priority pertaining to the academic period as the “Dean at Harvard Law School.”

In other controversial social issues such as abortion, gay military personnel and the “Don’t ask, don’t tell,” policy, the Solicitor General confirmed the published views.

Protecting women’s health and highlighting the drawbacks from depriving the gay members to serve the nation on equal basis.

However, in the related subjects the nominee Elena Kagan reportedly stated the following:

Source: Wikipedia.org – Elena Kagan

“ 1. From 1995 to 1999, Kagan served as President Bill Clinton’s Associate White House Counsel and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.

While serving in that position, Kagan co-authored a May 13, 1997 memo to the President urging him to support a ban on late-term abortions stating that, “We recommend that you endorse the Daschle amendment in order to sustain your credibility on HR 1122 and prevent Congress from overriding your veto.”

2. In 1996, she wrote an article in the University of Chicago Law Review entitled, “Private Speech, Public Purpose:

The Role of Governmental Motive in First Amendment Doctrine.” Kagan argued that government has the right, even considering the First Amendment, to restrict free speech, when the government believes the speech is “harmful”, as long as the restriction is done with good intentions.

3. During her solicitor general confirmation hearing, she said that “there is no federal constitutional right to same-sex marriage.”

Also during her solicitor general confirmation, Kagan was asked about the Defense of Marriage Act, under which states don’t have to recognize same-sex marriages from other states. She said she would defend the act.”

In due fairness to the nominee’s statements, the approach to defend the constitution is a primary judicial responsibility.

At the same time, if exercising empathy in the decision-making is characterized as ‘social activism,’ then similar considerations to the authorities in the executive and legislative branches not barring the corporations exceed the judicial power granted within the confines of the law.

Unfortunately, it’s a growing trend hindering justice particularly on ethical misconduct in the democratic system.

Again, the Solicitor General perceptions on the basic human rights – women’s health, freedom of expression superseding the second amendment in the Bill of Rights, and gay rights is lacking in candor consequentially the clarity on the fundamental law that –

“All are created equal and hence qualify for the equal application of law.”

Social injustice based on race, religion, sexual orientation, gender discrimination, economic status…are explicitly prevalent given the human progress in other tangible fields.

The political, economic and religious institutions intrusion in justice has the ‘average’ human life hanging in balance with the hope that justice is served by taking into account,

Obedience to the law as well as the facts and evidences authenticated by the conscionable action to be impartial.

Solicitor General Elena Kagan is regarded for her intellect, consensus building, hard work and thoughtfulness, the valuable assets that would not only contribute to the enriched Supreme Court representation, but also empower the nation’s highest court with additional perspective.

If confirmed, Solicitor General Elena Kagan would have the opportunity to be a superb Supreme Court Justice.

Best Wishes to the Solicitor General Elena Kagan in all her endeavors.

Thank you.

Padmini Arhant

Justice Denied – Foul Play Victim – Personal Setback

June 20, 2010

By Padmini Arhant

I bear the ‘Almighty God,’ witness to the topic presentation.

Recently, there was a personal setback with a small claims complaint filed by a former tenant, who falsely stated not having received the rental security deposit on the rental property for the period May 2008 through July 2009.

The tenant and his spouse – Timothy Brook and Lucy Brook, had newly arrived from the United Kingdom with no credit history in the United States and leased the referenced property in the claim along with a commitment to purchase their own home at the end of the twelve-month period. Accordingly, it was unanimously agreed at that time to assess the individual status on both sides in a year.

During that period, all requests for any repairs were attended with new replacements under their supervision and utmost satisfaction, including the regular light bulbs changed six months after them settling in the house.

Further, a written consensus was reached to resolve any disputes by an arbitrator rather than lawsuits through attorneys or small claims court system and aim for amicable settlement avoiding litigation costs for both parties.

Unfortunately, this agreement was breached by the tenants who hired an attorney after their voluntary decision to vacate the property, despite my email request on June 3, 2009 about lease renewal for which there was no response.

The attorney sent an inflammatory letter stating that,

“Comply with my clients’ demands on any issues. If not, do so at your peril.”

All records are maintained up until now.

Subsequently, the tenants moved out of the property and the refund check for the rental security deposit was sent promptly. The tenants cashed it in the same month, i.e. July 2009, having acknowledged the adjustments and the payment. Receipts for regular cleaning costs and minor repairs were shared with the tenant. It was all accepted with no objection and the matter was settled in July 2009.

Approximately five months after vacating the house and cashing the refund deposit evidenced by a bank transaction showing check details and the encashment date by the party, a small claims judgment was mailed to my address indicating the amount to be paid against the complaint.

Following that, I filed a motion to vacate the judgment. It went drastically wrong due to the manner the hearing was held by the Commissioner Steven Yep, Santa Clara County, Small Claims Division, and the presiding authority on this case.

The Plaintiff arrived without the witness quoted as a “close friend,” – Simon Eldridge, to confirm the alleged ‘Proof of Service.’

When I raised the question about the witness’ absence with the Plaintiff before the hearing, he paid no attention and walked away.

Instead, the plaintiff delivered a letter that was not shared with me during the documents exchange prior to the hearing and the details were not disclosed.

The Commissioner mentioned that the letter was a note from the witness stating – “the witness could not be at the hearing because of an office meeting.”

Further, the Commissioner said that “he was satisfied with the witness statement by proxy,” alleging the service date and time.

NB: The witness statement was not an affidavit but an ordinary note, a copy that was later obtained.

Most importantly, the witness was not a third party i.e. a Professional Process Server or Sheriff hired to serve the summons with a genuine concern for legal consequences.

Even though, it’s permissible by law to have a person 18 years or above for this purpose, the conflict of interest and the convenience having a close friend to cooperate is easily available in this respect.

The Commissioner then looked at me and asked the specific questions, which he did not consider it necessary to pose to the Plaintiff at the beginning of the hearing:

Do you realize that you are under oath?

To that, I said – Yes, your honor.

Did you take the oath?

I replied. Yes, your honor.

Then he turned to the clerk and verified with her:

Did she really take the oath?

For, he did not believe me in spite of my repeated assurance.

The clerk responded – Yes, she did.

Essentially, the substantive evidence that I provided was set aside against the witness and the plaintiff’s verbal statements that was not only contradictory to their earlier versions, but also failed to support their fraudulent claim.

The inconsistency in the Plaintiff and his witness positions throughout the process were ignored by the judicial authorities, even though it inconclusively proved the fact that the witness or the server never visited the property and the documents were not delivered or served by him for the hearing.

A perjury was committed by the witness and the plaintiff in the wrongful judgment enabling the Plaintiff to game the system with the inherent flaws in the judgment award.

This is just a preview of the hearings that took place with a conspicuous bias whereby the presiding Commissioner Steven Yep became the attorney to the other party, instead of being objective and diligently applying the law on equal and fair basis to both parties.

In the appeal, the Judge Gregory H. Ward at the Superior Court, Santa Clara County chose to disregard the law entirely, in lieu of the witness or the server admission during the appeal on 06/04/10 on the failure to “specify the contents thereof,” required per Code of Civil Procedure 415.20(a) and (b).

Likewise, The SC-104, “Proof of Service,” filed by the Plaintiff’s witness confirms that the copies of documents allegedly served on 09/29/09 were not mailed per Code of Civil Procedure 415.20(a) and (b), apart from other Civil Code requirements being not met by the server representing the Plaintiff.

Besides, the small claims complaint filed under false premise by the Plaintiff whereby,

The Plaintiff denied receiving the rental security deposit, when the refund check was cashed by the Plaintiff on 07/27/09 – evidence was enclosed for court reference.

Similarly, the Plaintiff’s erroneous and unsubstantiated claim comprise moving expenses without any receipts for the itemized charges that does not even add up to the total amount presented in the declaration under penalty of perjury.

“Per Plaintiff’s declaration signed under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Moving expenses – $754.78

Van rental – $73.92

Petrol – $25.00 ( It’s noteworthy that the plaintiff charging the weekly gas amount for shifting within the neighborhood, i.e. less than half a mile.)

Moving boxes – $34.86

Cleaning – $276.00 – (The property owner is being charged for cleaning up the tenants’ mess during their rental period).”

The itemized expense adds up to $409.78 with no receipts and the remaining $345.00 has no explanation or receipts for it.

Again, the amount fraudulently claimed for vacating the property on their volition, regardless of the email request about lease renewal (supported by evidence).

None of these crucial facts and evidences was taken into consideration, thereby awarding the Plaintiff for the felony.

The Judges involved in the case are judged and evaluated by the public for dereliction of duty reflected in their shortsighted decisions affecting and ruining thousands of lives.

Thank you.

Padmini Arhant

—————————————————————————————–

Source: http://www.courthouseforum.com/forums/evaluationtrial.php

Commissioner Steven Yep

All comments are the opinions of the survey respondents.

“Commissioner Yep is a terrible judge.

I have witnessed his conduct in the courtroom on more than one instance. He treats pro se defendants in probably the worst manner for infractions and misdemeanors that are brought before him.

I had a case, which I fought as a pro se, and was tossed out on my behind. It was so bad that I asked a pro temp to hear my case, and won my case.

The fact that I won really doesn’t matter… it’s that the pro temp LISTENED to the argument and heard both sides fully before rendering a decision.

I never had that chance in Commissioner Yep’s court.

I urge anyone who has this guy for a judge to get a preemptory challenge and write to both Judge Danner and the state Commission for judicial independence to get rid of this guy. 2007-02-07

Negative/Critical – View Survey – Grade – D(0.81)

Part I. ABA Guidelines ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. D (1.00)

b. Having knowledge of substantive law. F (0.00)

c. Having knowledge of rules of procedure and evidence. D (1.00)

d. Keeping current on developments in law, procedure, and evidence. C (2.00)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect. C (2.00)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status. F (0.00)

d. Acting fairly by giving people individual consideration. F (0.00)

e. Considering both sides of an argument before rendering a decision. F (0.00)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues. F (0.00)

g. Having ability to make difficult or unpopular decisions. F (0.00) ”
————————————————————————————————–

2. Survey Results for Judge Gregory H. Ward 1

All grades/scores and comments are the opinions of the survey respondent.

Click Here to see Individual Surveys

Overall: 2
D(0.78) out of 11 surveys
Comments (9)

Respondents Approve Monthly View Daily View

Do you approve of this judge’s overall performance? Yes: 0 No: 11

Part I. ABA Guidelines

ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. C- (1.57)

b. Having knowledge of substantive law. C- (1.57)

c. Having knowledge of rules of procedure and evidence. C (2.17)

d. Keeping current on developments in law, procedure, and evidence. D+ (1.25)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect – D (0.75)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status – F (0.12)

d. Acting fairly by giving people individual consideration – F (0.25)

e. Considering both sides of an argument before rendering a decision – D (0.57)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues – F (0.12)

g. Having ability to make difficult or unpopular decisions – F (0.00)

Judge Gregory H. Ward

All comments are the opinions of the survey respondents.

1. Biased Judge Remarkably goes against jury verdicts Case Study–Pfizer (IP)Trade Secrets–astonishing reversal of jury’s unanimous verdict 2010-01-27
View Survey – Negative/Critical – D(0.71)

2. Discounts Jury in jury trials–a complete disrespect for the JURY SYSTEM Very, very favorable to Big Business Should not be on the bench Has other agendas 2010-01-27
View Survey Negative/Critical – D(1.00)

3. Very emotional, unpredictable. Favors defendants to a fault. Believes that he is the law. You don’t need a jury with this judge–he ignores jury decisions. 2009-12-29
View Survey – Negative/Critical – D-(0.52)

4. Most biased judge in California. Strongly favors business. Very emotional. 2009-12-29
View Survey – Negative/Critical – D(0.74)

5. Should be removed from the bench. 2009-12-29
View Survey – Not Classified – (F-1.00)\

6. Very Biased. No respect for decisions by jury. 2009-12-29
View Survey – Negative/Critical – (F-1.00)

7. He totally disregarded the jury verdict. 2009-12-29
View Survey – Not Classified – D(0.78)

8. This judge is totally out of control, egocentric, & emotional.

He has complete disrespect for jury decisions.

He is clearly very emotional and biased toward big business.

Look at his ratings.

In fact, look at his record when serving in DOJ–he effectively was fired because of emotional instability.

Most recent cases: Apple (2008). Pfizer(2008) — he overturned a unanimous jury verdict, and ignored Pfizer’s management prevarications which came to light in the $2.38 billion Pharmacia settlement. 2009-12-29
View Survey Negative/Critical – D(1.00)

9. Example of his reasoning; petitioner had good reason to file as there were changes in circumstances, dad exercised only 12% timeshare, not the 20% of record, dad’s income rose from 285k to 800k.

BUT child support met the kid’s needs and retroactive support would only be a windfall to mother.

The law mandates an increase in support when the timeshare lowers as support must be commensurate with timeshare, so even if dad had no increase in income, lowering dad’s timeshare mandated an increase in support of some amount.

Christ, I didn’t even go to law school and I can reason that one out. More reasoning; ignored argument for hearing on equitable grounds, said FC 2122 does not apply to setting aside a dismissal but CCP 473 does, ignoring the fact that blackmail and duress (not good cause under CCP 473) had been used both to get a settlement and to force a dismissal, ie duress used to deny access to the courts by one party.

Sanctions: awarded 285k in sanctions against unemployed mother to be paid to multimillionaire dad who had used the blackmail and threats to keep mother out of court. 2009-11-27
View Survey – Negative/Critical – D(1.00).”

Industrial and Environmental Disaster Victims Compensation

June 17, 2010

By Padmini Arhant

There appears to be a light at the end of the tunnel for the victims of the worst industrial and environmental disaster.

The energy company, BP’s agreement to compensate monetarily with $20 billion over three-year period for the Gulf Coast oil spill impact is a fair beginning.

It’s been set up without a cap and to be monitored by an independent administrator previously appointed to oversee the 9/11 families’ relief fund.

In fact, the urgency lies with the company’s daunting task to stop the gushing oil completely, otherwise ‘plug the hole.’

President Barack Obama’s initiative deserves credit for it enabled BP’s decision.

Now, it’s imperative not to proceed in the direction that has inherent risks with unsustainable loss of life and income to the communities along the coastal regions.

Abandoning offshore drilling in deep and shallow water is the ideal solution to prevent economic and environmental costs.

Some permanent damages to wild and marine life are incomparable for they exceed any likely benefits from oil exploration to attain energy independence, especially when there are absolute clean energy options available through solar, wind, hydropower, bio-fuel etc.

Similarly, the Bhopal victims’ plea for justice in the historic industrial negligence causing several thousand casualties and wreaking havoc in the surroundings with terminal illnesses, birth defects… making life impossible for the impoverished survivors exposed the long buried truth suspected in the failure to implicate the parent company, Union Carbide USA and its then CEO Mr. Warren Anderson.

As stated in the earlier blog post titled “Worst Industrial Catastrophe – Union Carbide / Dow Chemicals and Bhopal Victims of India,” published on June 12, 2010,

The deal between the parent company Union Carbide USA and the Indian government at the federal and state representation confirms the immunity granted to Union Carbide USA including the assurance to the then CEO’s safe departure prior to his arrival in India.

According to the latest reports, the US Envoy to India in 1984, Mr. Gordon Streeb, has come forward and disclosed the details in the agreement between the parent company Union Carbide USA and the Indian government at that time.

The international and Indian journalists, the primary witnesses at the site, corroborated the events leading to the unresolved dispute.

Further, the ex-CEO Mr. Warren Anderson concurred with the key elements in the Bhopal accident settlement during his recent interview.

Per the emerging reports, “the previous Indian government in a sweeping effort to westernize the status quo and transform the ‘socialist,’ economy to ‘capitalism,’ adopted appeasement strategies to lure foreign investments.

In that context, the Bhopal tragedy was an impediment to the measures due to the multinational corporation’s conspicuous mismanagement of the chemical plant.

Subsequently, the transaction materialized at the highest political and corporate level in the backdrop of the greatest industrial calamity.

Again, obstruction of justice through politics and prejudice is not territorial.

It’s an epidemic that has evolved into an unpleasant fact for the innocent deprived of free and fair judicial process.

Nevertheless, the incumbent Indian administration led by Prime Minister Manmohan Singh seemingly responding with the following appropriate actions:

A new institution called the “EGom,” – Empowered Group of Ministers have been designated with the responsibilities to address the Bhopal victims’ humanitarian needs by imposing a deadline i.e. June 24, 2010 to expedite the much awaited disaster aid.

Source: Indian News Media and the Indian Government Official Data.

Bhopal EGom”s Tall Order:

Work out enhanced compensation package for the survivors of the Bhopal gas explosion.

Provide relief and rehabilitation to the victims.

Determine ways to decontaminate the site not precluding soil and ground water testing to ensure safe living conditions.

Rigorous regulations on industrial mishaps with liabilities directly transferred to the corporations in violation.

Last but not the least, the Government contemplating Mr. Warren Anderson’s extradition request.

The diligence demonstrated by Prime Minister Manmohan Singh and the Congress Party Leader Sonia Gandhi is praiseworthy.

However, the challenge remains in implementing the executive order with none or minimal bureaucracy that often delays the anticipated results.

The victims have endured enormous suffering and any procrastination would exacerbate their plight.

Notwithstanding the government obligations since they are the fund recipient in the Bhopal dispute.

Regarding Mr. Warren Anderson’s extradition – considering the individual’s frail health and age (90+ years), a televised formal apology to the Bhopal victims would be morally and ethically sound, rather than subjecting the elderly defendant to legal proceedings.

Although, the affected citizens’ pain and agony over these years has been excruciating, their forgiveness of those incarcerated in the horrific incident could heal the ordeal experienced by them.

For human spirit is enriched through compassion.

It’s a long journey for the disaster victims in the east and the west, but there is hope with the leaderships on both sides striving hard to end the misery.

Thank you.

Padmini Arhant

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