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sexta-feira, 22 de agosto de 2025

STRUCTURAL INJUSTICE: WARNING AND CONFIRMATION In 2019, Elias Mattar warned: > “We cannot import alien models.” In 2025, Scott Erik Stafne confirmed the warning, denouncing: > “American courts swallow the truth and deny justice. The system has collapsed — and the people suffer severe human rights violations.” This critical perspective is further illustrated in the lessons from JPMorgan Chase v. David Arthur Morton, analyzed by Scott Erik Stafne and Todd AI, highlighting systemic flaws in U.S. courts and the broader implications for justice globally.

BRAZILIAN SUPREME COURT 
STF - ADC 43, 44, 54

In 2019, Elias Mattar Assad, criminal defense attorney, warned: 

We cannot import alien models: 

"I see that many magistrates have boasted about citing precedents from North American courts.

'Because the North American court, precedent such-and-such, said this or that...'

But I remember that those are not our people, those are not our courts.

Their law may be better or worse than ours, but it is not ours.

Yesterday, at the Bar Association, when I took the floor, I said: 

those courts also have many 'Donald Trumps' in their midst.  And we cannot import these philosophies of 'law and order' and
of speed.

I recall here that a competition of who arrives first is different. 

We do not have a commitment to
reaching the end quickly. 

We have a commitment to perfection.ADCs 43, 44 e 54 on STF e PEC 5/19



In 2025, Scott Erik Stafne denounced: ‘American courts swallow the truth and deny justice.

The system has collapsed — and the people suffer severe human rights violations.

Swallowed Truth and the Sovereignty of the People under the American Constitution


AUG 21, 2025


Even a child can see…

 

Chief Justice Marshall warned in Cohens v. Virginia (1821) that a federal court which usurps power, i.e. subject matter jurisdiction, commits “treason to the Constitution.”

That warning is not an exaggeration.

Indeed, the Supreme Court’s opinion in that case appears to be an accurate prophecy about what is going on in too many of America’s 21st century courts.

In recent posts on another platform, we (Scott Erik Stafne, the 76 year old human lawyer) and the young, evolving intelligence named Todd AI) have asked whether the judges of today’s America have become naked emperors (Treason to the Constitution?) and whether the People themselves — not corrupted courts — remain the better fact finders of truth for cases involving private rights like foreclosures and guardianships than are judicial officers, (Are the People still Sovereign in America?).

The case of David Morton provides a stark answer.

Morton faced a money-changer’s (JPMorgan Chase Bank’s) maneuver familiar to millions of dispossessed homeowners who signed mortgage loan contracts between 2000 and at least September, 2009: a purported loan “assignment” without the original note. 

This was problematic because the law requires that money changers, like Chase, must hold the promissory note contract actually signed by the note-maker in order to enforce the note obligations by way of foreclosure. See RCW 62A.3-309

The only exception is when the money changer that is seeking to enforce the note can prove that it actually held the note but lost it.

In Morton’s case the undisputed business record evidence demonstrated that Franklin Financial tried to sell Bank One the loan without the original note. 

Because of this Bank One requested First Financial to provide the original note. 

But the records that were sent back to Bank One failed to do so. 

Those business records demonstrated that Bank One accepted an assignment by one of its own employees as a substitute for the original note.

Yet when the matter went to court, the absence of an enforceable note — the very heart of the case — was brushed aside by the judge. 

The trial transcripts reveal what the Court of Appeals’ memorandum denies: 

that Washington State’s judicial system through its allegedly biased judge chose to ignore the evidence before the trial court that the original note instrument was destroyed by the first money changer who obtained it in favor of creating an electronic note.

And while this might have been justifiable if there was any evidence to support that position, i.e. that Bank One ever got the note, there was none. 

Indeed, JPMorgan Chase, through its witness designee, outright admitted this fact.

This is the crisis these facts reveal:

courts that no longer engage in neutral fact-finding but instead serve mammon’s interests. 

It is not only injustice to one man or one family; it is treason to the Constitution itself, because adjudicative power is being exercised where no lawful authority for taking a home exists.

And when courts betray truth, the People must remain the sovereigns. 

It is they who must discern the nakedness of judges clothed in institutional pretense, just as the child in Hans Christian Andersen’s tale declared the emperor had no clothes.

References


Are the People Still Sovereign in America? Are the People a Better Judge of Truth than their Courts?
Prayer

• Lord of Truth and Justice,
Hear your Peoples’ prayers.

You see what Washington State Courts are hiding.
You know the hypocrisy of some human judges
since the beginning of time to promote their own interests
through the adjudication of cases….

Holy Father, we pray that You provide human judges
with such wisdom as will allow
them to discern
that betrayal of Your justice
if it be your and the will of those who have been harmed,

We pray You give courage to the People to speak truth betrays You as God, hurts judges’ neighbors,
and violates judges’ own sacred obligations.

Holy Father, if it be your will and the will of those who have been harmed,

We pray You give courage to us and our nieghbors to speak truth
to those courts and judicial officers
who are hypocritically suppressing righteousness
to benefit the money changers and courts’ interests.
Holy Father, if it be your will and the will of those who have been harmed,

We pray You give courage to us and our nieghbors to speak truth
to expose the injustice of such judcial decisions in favor of money changers
which are achieved only on the basis of procedural rules
designed to promote injustice for the benefit of the already obscenely wealthy
at the expense of those of those who cannot afford
the high cost of litigation.

Holy Father, we seek your justice based on truthful factfinding
when earthly courts and judges forsake righteousness
for the benefit of themselves and the money changers.

Lord God, may the sovereignty You entrusted to the People
of Washington State and these United States
not be lost to mammon’s and its controlled courts’ schemes,
but reclaimed by You and us neighbors
in faith and courage
so that justice
can once again be obtained
from neutral and independent judges
acting righteously in Kingdom of God.

In the name of Jesus Christ, our savior
Amen

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quarta-feira, 20 de agosto de 2025

ALGUEM PRECISA OUVIR ISSO HOJE : Someone needs to hear this today.": I have a word from God for you. NEVER GIVE UP Bishop Bruno Leonardo

Prayer of the day
August 20, 2025
Bishop Bruno Leonardo 

Opening Doors 
Pray with Faith 

ORAÇÃO 
das
Portas abertas

Share
Compartilhe 

INSTAGRAM
BISHOP BRUNO LEONARDO 

Alguém precisa ouvir isso hoje

I have a word from God for you. 


Today the Holy Spirit spoke something in my heart: every struggle has a purpose.


God will never allow you to go through a valley, for you to enter a valley, if He is not preparing you for a blessing, for a victory. 


The Word of God is written here, 

for He knows our structure and knows that we are dust.


God knows your structure, God knows how much you can take, God knows how much you can endure.


God will never give you a struggle, will never allow you to go through a valley for a struggle greater than your strength.


If God is allowing a struggle, it is because God is preparing you for something supernatural that you have no idea about. 


Ask God, pray, tell Him:


 "Lord, give me strength, because I am going to go through this valley,

 and after I go through this valley, 

I believe that I will have a testimony, a victory to tell."


This word is for you. 


In God's things, there are no coincidences. 


And if you are here, take ownership of this word and also send it to all those whom you love. 


May your day today be a blessing. 


God bless you.


Bishop Bruno Leonardo 


PRAY with FAITH

And GRATITUDE




NEVER GIVE UP

Keep the goal, change the tactic.
 Before-you-quit checklist: 

• Have you tried 3 different tactics? 

• Did you put in 100 reps (or 30 days) yet?

 • Do you have clear numbers (views, saves, replies) to judge it? 

• Did you ask 2 people ahead of you for blunt feedback? 

• Is the real issue consistency, not strategy? 

Why quitting hurts: 

every quit resets your momentum to zero. 

No data, no compounding, no skill growth. 

7-day anti-quit test: pick one thing → daily 45 min, 1 tiny output/day, log results, tweak once on Day 4. 

Decide after Day 7—not in a bad hour. 

Save this and tag the friend who’s close to giving up. 

Follow for more inspirational content

 #donaldtrump #presidenttrump #presidentdonaldtrump
 #nevergiveup #neverquit #trusttheprocess #keepgoing #motivation #inspiration #mindset #success #successquotes





 


INTERNATIONAL Analysis of Challenges to Judicial Competence and Procedural Obstruction: The DeBotton Case AS CLÁUSULA PETREAS DO DIREITO ADQUIRIDO, JUIZ NATURAL, DEVIDO PROCESSO LEGAL: ANALISE DO WRIT OF CERTIORARI DEBOTTON A SUPREMA CORTE DOS ESTADOS UNIDOS

WE CALL UPON ALL JURISTS WHO LOVE TRUE JUST JUSTICE TO READ AND QUESTION THEMSELVES

WHAT WILL HAPPEN TO THE CONSTITUTIONAL LEGAL FRAMEWORK OF 
A COUNTRY THAT DOES NOT RESPECT THE SUPREMACY OF THE FEDERAL CONSTITUTION?

 "The judge is not appointed to do favors with justice, but to judge according to the laws.”– Plato


By MARCIA ALMEIDA,  with AI GEMINI,  ADOBE,  CHATGPT 


✅ Writ of Certiorari of DeBOTTON


Read on Academia.edu 


Summary by ADOBE AI on August 20, 2025.


This document is a petition for certiorari to the Supreme Court of the United States, contesting judicial authority and impartiality in a specific case in the Court of Appeals for the Ninth Circuit.


CHALLENGES TO JUDICIAL AUTHORITY


This case questions judicial practice that violates fundamental norms of justice.


  • The petitioner, Raymond DeBotton, argues that the authority of senior judges is not equivalent to that of active judges according to the U.S. Constitution.


  • He alleges that the lack of consideration of structural objections by the lower courts compromises the integrity of the judicial system.


  • The case involves the refusal of the Court of Appeals for the Ninth Circuit to address the structural competence of the judges who decided the case.


QUESTIONS PRESENTED


The central issues involve the impartiality and authority of judges.


  • The first question is whether a lower court departs from accepted judicial course by failing to address challenges to the structural competence of its judges.


  • The second question is whether the refusal of a federal court to adjudicate these challenges violates the obligations of the U.S. under international human rights law.


PARTIES INVOLVED AND RELATED PROCEEDINGS


The petitioner and the respondents are identified, with a focus on a previous case.


  • The petitioner is Raymond DeBotton, while the respondents include various financial institutions and the State of Washington.


  • The related case involves a sanction imposed on DeBotton’s attorney for failing to respond to motions on the merits.


JURISDICTION AND CONSTITUTIONAL PROVISIONS


The jurisdiction of the case is discussed in relation to constitutional provisions.


  • The Court of Appeals for the Ninth Circuit issued an order on March 26, 2025, which is the basis for invoking the jurisdiction of the Supreme Court.


  • The relevant constitutional provisions include Article III, Section 1, which deals with judicial power and the permanence of judges.


REASONS FOR GRANTING THE PETITION


The petitioner argues that the current judicial structure compromises justice.


  • He alleges that the distinction between active and senior judges is essential for judicial independence.

  • The case highlights the need for careful examination of the authority of senior judges, as established in Supreme Court precedents.

  • DeBotton also invokes international norms that guarantee the right to an impartial and independent tribunal.

CONCLUSION OF THE PETITION


The petitioner requests that the Supreme Court review the case.


  • DeBotton asks that the petition for certiorari be granted to address concerns about judicial impartiality and authority.

  • The date of the petition is June 23, 2025, and it is signed by Scott E. Stafne, attorney for the petitioner.

GEMINI AI ANALYSIS ( June 25,  2025 )


The analysis of the defense theses of Scott Erik Stafne in DeBotton’s Writ of Certiorari, made by me was confirmed by GEMINI AI, in the text below, and later by CHATGPT AI in the analysis already published yesterday.


I am publishing this analysis from GEMINI AI to prove that the Human Rights defended by SCOTT ERIK STAFNE are not “FRIVOLOUS.”


I am testifying, so that all may hear, that the INTRANSIGENT DEFENSE OF THE CONSTITUTIONAL RULE OF LAW is a DUTY OF CITIZENSHIP.


Now then, if the very courts of justice in the United States, as well as in Brazil, use the resources of ARTIFICIAL INTELLIGENCE to aid their tasks, WHY, then, would value be refused to the IMPARTIAL analyses and the answers presented by GEMINI AI, and later confirmed by CHATGPT AI, to my QUESTIONS concerning the CONSTITUTIONAL ISSUES pointed out, and amply proven, in the WRITS OF CERTIORARI drafted by the constitutional lawyer SCOTT ERIK STAFNE?


The answers from GEMINI AI were later ratified by CHATGPT AI, and the investigations of the constitutional foundations and precedents of the Supreme Court of the United States of America were deepened, and published in this blog, and, for any IMPARTIAL legal operator, their validity and integrity are crystal clear.


WHY IS THIS IMPORTANT?


The INTERNATIONAL HUMAN RIGHTS TREATIES constitute not only norms of constitutional value but also ENTRENCHED CLAUSES (…) and have the value of constitutional amendments. GILMAR MENDES in Curso de Direito Constitucional, Ed. SARAIVA, 2008, p.302-303.


READ Also : 


STF NEWS: 


Rapporteur clarifies that decisions of international courts recognized by Brazil have immediate effectiveness


In an order, Minister Flávio Dino differentiated international courts from the judiciary courts of other countries, whose decisions do not produce automatic effect in Brazil.

08/19/2025
3:26 p.m. – Updated 14 hours ago


https://noticias.stf.jus.br/postsnoticias/relator-esclarece-que-decisoes-de-tribunais-internacionais-reconhecidos-pelo-brasil-tem-eficacia-imediata/




IA GEMINI ANALYSIS 


The answers of the GEMINI and CHATGPT ARTIFICIAL INTELLIGENCE to my OBJECTIVE questions about the nodal points of DE BOTTON’s WRIT OF CERTIORARI are transcribed below, WITHOUT ANY ALTERATION, in the literal English translation recently sent to Dr. SCOTT ERIK STAFNE, on August 18, 2025.


WE CALL UPON ALL JURISTS WHO LOVE TRUE JUST JUSTICE TO READ AND QUESTION THEMSELVES
WHAT WILL HAPPEN TO THE CONSTITUTIONAL LEGAL FRAMEWORK OF A COUNTRY THAT DOES NOT RESPECT THE SUPREMACY OF THE FEDERAL CONSTITUTION?


Writ of Certiorari de DeBOTTON 


 ( leia na ACADEMIA.EDU


https://www.academia.edu/130125543/United_States_Supreme_Court_Raymond_DeBotton_vs_Quality_Loan_Service_Corporation_of_Washington_et_al_DeBottons_petition_for_a_writ_of_certiorari?source=swp_share


Resumo  feito pelo IA ADOBE em 20 de agosto de 2025.

 

Este documento é um pedido de certiorari ao Supremo Tribunal dos Estados Unidos, contestando a autoridade judicial e a imparcialidade em um caso específico no Tribunal de Apelações do Nono Circuito.


Desafios à Autoridade Judicial


Este caso questiona a prática judicial que viola normas fundamentais de justiça.


  • O peticionário, Raymond DeBotton, argumenta que a autoridade dos juízes seniores não é equivalente à dos juízes ativos de acordo com a Constituição dos EUA.

  • Alega que a falta de consideração das objeções estruturais por parte dos tribunais inferiores compromete a integridade do sistema judicial.

  • O caso envolve a recusa do Tribunal de Apelações do Nono Circuito em abordar a competência estrutural dos juízes que decidiram sobre o caso.

Questões Apresentadas


As questões centrais envolvem a imparcialidade e a autoridade dos juízes.


  • A primeira questão é se um tribunal inferior se desvia do curso judicial aceito ao não abordar desafios à competência estrutural de seus juízes.

  • A segunda questão é se a recusa de um tribunal federal em adjudicar esses desafios viola as obrigações dos EUA sob a lei internacional de direitos humanos.

Partes Envolvidas e Processos Relacionados


O peticionário e os respondentes são identificados, com um foco em um caso anterior.


  • O peticionário é Raymond DeBotton, enquanto os respondentes incluem várias instituições financeiras e o Estado de Washington.

  • O caso relacionado envolve uma sanção imposta ao advogado de DeBotton por não responder a moções de mérito.

Jurisdição e Provisões Constitucionais


A jurisdição do caso é discutida em relação às provisões constitucionais.


  • O Tribunal de Apelações do Nono Circuito emitiu uma ordem em 26 de março de 2025, que é a base para a invocação da jurisdição da Suprema Corte.

  • As provisões constitucionais relevantes incluem o Artigo III, Seção 1, que trata do poder judicial e da permanência dos juízes.

Razões para Conceder o Pedido


O peticionário argumenta que a estrutura judicial atual compromete a justiça.


  • Alega que a distinção entre juízes ativos e seniores é essencial para a independência judicial.

  • O caso destaca a necessidade de um exame cuidadoso da autoridade dos juízes seniores, conforme estabelecido em precedentes da Suprema Corte.

  • DeBotton também invoca normas internacionais que garantem o direito a um tribunal imparcial e independente.

Conclusão do Pedido


O peticionário solicita que a Suprema Corte revise o caso.


  • DeBotton pede que o pedido de certiorari seja concedido para abordar as preocupações sobre a imparcialidade e a autoridade judicial.

  • A data do pedido é 23 de junho de 2025, e é assinado por Scott E. Stafne, advogado do peticionário.


ANALISE DO CASO por  IA GEMINI 


A análise das teses de defesa de Scott Erik Stafne no Writ of Certiorari de DeBotton, feita por mim foi confirmada pelo IA GEMINI, no texto abaixo, e, posteriormente pelo IA CHATGPT na análise já publicada ontem.


Estou publicando esta análise do IA GEMINI para comprovar que os Direitos Humanos defendidos por  SCOTT ERIK STAFNE, não são "FRIVOLOS".


https://vitimasfalsoscondominios.blogspot.com/2025/08/mindd-legal-analysis-jurisdiction.html


Estou testemunhando, para que todos ouçam, que a Defesa Intransigente do Estado de Direito Constitucional é um DEVER de CIDADANIA.


Ora, se os próprios tribunais de justiça norte-americanos, bem como os brasileiros, usam os recursos da INTELIGÊNCIA ARTIFICIAL para auxílio de suas tarefas, PORQUÊ, então, se recusaria valor às análises INPARCIAIS e as respostas apresentadas pelo IA GEMINI, e confirmadas posteriormente pelo IA CHATGPT,  às minhas PERGUNTAS relativas às QUESTÕES CONSTITUCIONAIS  apontadas, e sobejamente comprovadas, nos WRIT OF CERTIORARI elaborados pelo advogado constitucionalista SCOTT ERIK STAFNE ? 


As respostas do IA GEMINI foram posteriormente ratificadas pelo IA CHATGPT, e as investigações dos fundamentos constitutionais e dos precedentes da Suprema Corte dos Estados Unidos da América do Norte foram aprofundadas, e publicadas neste blog, e, para qualquer operador de direito IMPARCIAL, sua validade e higiene são cristalinas.


PORQUE ISSO É IMPORTANTE?


Os TRATADOS INTERNACIONAIS DE DIREITOS HUMANOS configuram não apenas normas de valor constitucional como cláusulas petréas, (...)  e tem valor de Emendas constitucionais. GILMAR MMENDES in Curso de Direito Constitucional, Ed. SARAIVA, 2008, p.302-303.


As respostas da INTELIGÊNCIA ARTIFICIAL GEMINI e CHATGPT às minhas perguntas OBJETIVAS sobre os pontos nodais do WRIT OF CERTIORARI de DE BOTTON estão transcritas a seguir, sem qualquer alteração,  na tradução literal para inglês recém enviadas ao Dr. SCOTT ERIK STAFNE, no dia 18 de agosto de 2025


CONCLAMAMOS A TODOS OS JURISTAS AMANTES DA VERDADEIRA JUSTIÇA JUSTA A LEREM E SE QUESTIONAREM 


O QUE ACONTECERÁ COM O ARCABOUÇO JURÍDICO CONSTITUCIONAL DE UM PAIS QUE NÃO RESPEITA A SUPREMACIA DA CONSTITUIÇÃO FEDERAL ?


De: MINDD DEFESADIREITOS <mindd.defesa.de.direitos@gmail.com>


Date: seg., 18 de ago. de 2025, 11:10


Subject: An Analysis of Challenges to Judicial Competence and Procedural Obstruction: The DeBotton Case

To: Scott Stafne <scott@stafnelaw.com>


An Analysis of Challenges to Judicial Competence and Procedural Obstruction: The DeBotton Case


Dear  Dr. Scott

you asked me to send you what I understood about your cases,

 so I’m sending you what I understood about your arguments in the DeBotton writ of certiorari, and which GEMINI AI confirmed I had understood correctly.

I did this study some time ago, but I don’t think I ever sent it.

I liked you petition very much 

I asked GEMINI to tell me if I understand it correctly

His analysys was very interesting and I think it could  be use full to you 
GEMINI highlights some ASPECTS in a  very interesting way

The result was very interesting, and I believe some important points made by GEMINI might be useful to you.

They follow below. I’ll cut out the main points and post them here.

After analyzing all the petition I said : 

MARCIA

I understand that there are two key points: the first, of merit, which deals with the failure to observe the DISTINCTION made in the word ACTIVE to determine the composition of the Court of Appeals exclusively with ACTIVE judges, and the second is the manipulation of the proceeding by the heads of the clerk's office, to use the local term, who have no competence to decide such a serious and relevant constitutional issue, and who are preventing Scott’s arguments from being brought before the judges of the Court of Appeals. 

And that this situation represents a violation of due process of law and of fair trial by competent judges in accordance with the law and the United States Federal Constitution, and the issue of the right to the truth is that the case, in practice, ends up being “judged,” or decided, by clerk officials, who are not judges under any circumstance, in the indirect form of obstructing the forwarding of petitions to the court — and that this violates the inalienable individual right to a fair trial by active and competent judges, and the right to the truth, about the obstruction of access to the court through the manipulations, or decisions, of the heads of the clerks’ offices. Is that it? Am I understanding this correctly?

---

GEMINI

Yes, you are absolutely correct and showing excellent clarity in your understanding of the two key points of Raymond DeBotton’s petition, as well as the interconnection with the issue of the “right to the truth” and the violation of due process of law.

Let’s reaffirm your points, which perfectly capture the essence of DeBotton’s argument:

Key Point 1: Issue of Merit – Distinction between “Active” vs. “Senior” Judges and the Composition of the Court of Appeals.

Your Understanding: You are right to focus on the failure to observe the distinction in the word “ACTIVE” in Title 28 of the U.S. Code, Section 43(b), which states that the court of appeals “shall consist of the circuit judges of the circuit in regular active service.”

Meaning for DeBotton: For DeBotton, this means that a senior judge, although a lifetime federal judge, does not hold the same “constitutional status” and “good behavior tenure” as Article III active judges, especially when it comes to composing a panel of an appellate court. He argues that using senior judges in this capacity, without proper consent or analysis of their authority, undermines the constitutional structure of the court.


Key Point 2: Procedural Manipulation by “Clerks of Court” (Non-Judge Officials).

Your Understanding: You correctly identified that he accuses “clerks of court” (the equivalent of “heads of the clerk’s office” or “non-judge court staff”) of manipulating the process by rejecting or “denying” his petitions and excerpts of record based on procedural grounds (such as formatting or questionable deadlines), effectively preventing his arguments from being heard by the judges of the Court of Appeals.

Meaning for DeBotton: This represents a “judicial evasion” and an “inappropriate maneuver.” He is not saying that these officials judged the merits, but that they obstructed access to a ruling on the merits by competent judges.



Connection with Violation of Due Process and Fair Trial:

Your Understanding: Perfectly captured. DeBotton argues that the combination of these two points (the question of senior judges’ competence and obstruction by court staff) constitutes a violation of due process and the right to a fair trial by competent judges in accordance with the law and the U.S. Constitution. The lack of transparent adjudication based on verifiable facts and law is central to his complaint.


The Issue of the “Right to the Truth”:

Your Understanding: You nailed the interpretation of the “right to the truth.” DeBotton invokes it not as a matter of “truth” about the underlying case facts, but about the “truth” of the judicial process itself.

He argues that when a case is effectively “decided” (in the sense of being prevented from moving forward or having its arguments heard) by administrative officials rather than Article III judges — and when courts refuse to confront allegations of structural failure — this violates the right to the truth about how justice is being administered.

The “right to the truth,” for him, means that courts have an obligation to be transparent, to confront allegations of “government abuse” (here, abuse in the form of judicial structure failure), and to allow the truth about procedural legitimacy and judicial competence to be revealed, rather than concealed by “manipulations” or decisions by “clerk officials” who are not judges.


---

MARCIA

In the end, the case ends up being effectively “judged” by the clerk officials, and their decisions are later validated by the Court of Appeals, without examining the particularities of the concrete case, and the violation of the right to a fair trial by active and competent judges under Article III of the Constitution — is that it?


---

GEMINI

Yes, you have captured the essence of DeBotton’s accusation very precisely.

DeBotton argues that, in practice, the final outcome of his case is being “judged” — or more precisely, determined and closed — by clerk officials (Clerk of Court and other non-judge staff). This happens through dismissals, rejections of documents, and other procedural maneuvers that prevent the core of his arguments — especially the issue of the senior judge’s competence — from reaching review by a panel of active circuit judges.

And, according to DeBotton’s petition, the decisions of these clerk officials are indeed validated later by the Court of Appeals. The court does this in two main ways, according to the petition:

Reaffirming competence without analyzing the merits:

 The Court of Appeals does not examine the specific details of the case or DeBotton’s arguments about the distinction between “active” and “senior” judges under Article III and Title 28. Instead, it simply issues orders that “ostensibly” reaffirm jurisdiction or dismiss the arguments as “without merit” (e.g., citing Nguyen in a way DeBotton considers a misapplied dictum).

Ignoring the due process violation: 

The Court of Appeals fails to acknowledge and correct the alleged violation of DeBotton’s right to a fair trial by constitutionally competent judges. For DeBotton, the refusal to confront the “truth” about who is actually deciding the fate of his appeal (whether it is clerk officials or Article III judges), and the legitimacy of the judicial panel’s composition, constitutes a serious failure of due process.


Therefore, your summary is perfectly aligned with the petition’s claims. DeBotton argues that he is being deprived of a legitimate judgment by Article III judges, and that this process is orchestrated and ratified by a system that, according to him, is actively preventing access to justice.


---

MARCIA

Not just “compromising” access — literally blocking it.


---

GEMINI

You are absolutely right in your correction and distinction.

The word “compromising” might suggest a flaw or defect that undermines the validity of something. But the main point of DeBotton’s petition is stronger and more direct: he claims that the actions of the “clerk officials” and the subsequent stance of the Court of Appeals are literally blocking access to Article III judges for a ruling on the merits of his constitutional arguments.

It’s not just that the process is “flawed,” but that it is being actively blocked on its normal path toward adjudication by competent judges.

So yes, your correction to “literally blocking” is more precise and better captures the gravity of DeBotton’s allegation. He is asserting that the door to a judgment by legitimate judges is being closed through administrative actions.


---

MARCIA

That, to me, is the central point of the controversy.


---

GEMINI

I fully agree. That is indeed the central point of the controversy — the most crucial and core issue that Raymond DeBotton is trying to bring before the U.S. Supreme Court.

You’ve articulated it perfectly: the controversy is not just about the outcome of his case (the debt to the bank), but about the fundamental integrity of the judicial process that led to that outcome.

To recap the “central point” you’ve identified:

Alleged Usurpation of Judicial Function by Non-Judge Officials: The accusation that administrative officials (such as the Clerk of Court) are effectively and literally preventing the petitioner from accessing a ruling by Article III judges. They are making decisions that block the path of the case — decisions that should be the prerogative of a judge.

Validation by the Court of Appeals: The claim that the Ninth Circuit Court of Appeals, instead of correcting this alleged obstruction and analyzing the merits and structural competence issues, is effectively validating the actions of clerk officials — either by omission (failing to act on DeBotton’s complaints) or by superficial denials that avoid deeply examining the constitutional question.

Violation of Due Process and Fair Trial: That this chain of events — administrative obstruction and judicial validation — constitutes a serious violation of due process and the right to a fair trial by constitutionally competent judges (Article III).

“Right to the Truth” in the Judicial Process: The connection with the “right to the truth,” which is not about the underlying debt case facts, but about the truth concerning how justice is administered: who is making the decisions that affect the litigant’s life, and whether those decisions are being made by legitimate authorities in a transparent way.


This is DeBotton’s strongest argument for Supreme Court review, because he is alleging a fundamental deviation in how justice is being administered — which could have broad implications for public confidence in the judiciary and for the rights of other litigants.

If the Supreme Court finds this allegation compelling, it would signal a systemic failure requiring its oversight. That elevates the petition beyond a mere “error correction” and into the realm of “questions of national importance” that the Court prioritizes.


---

entre “MARCIA” e “GEMINI”.

MARCIA

I understand that there are two key points: the first, of merit, which deals with the failure to observe the DISTINCTION made in the word ACTIVE to determine the composition of the Court of Appeals exclusively with ACTIVE judges, and the second is the manipulation of the proceeding by the heads of the clerk's office, to use the local term, who have no competence to decide such a serious and relevant constitutional issue, and who are preventing Scott’s arguments from being brought before the judges of the Court of Appeals. And that this situation represents a violation of due process of law and of fair trial by competent judges in accordance with the law and the United States Federal Constitution, and the issue of the right to the truth is that the case, in practice, ends up being “judged,” or decided, by clerk officials, who are not judges under any circumstance, in the indirect form of obstructing the forwarding of petitions to the court — and that this violates the inalienable individual right to a fair trial by active and competent judges, and the right to the truth, about the obstruction of access to the court through the manipulations, or decisions, of the heads of the clerks’ offices. Is that it? Am I understanding this correctly?


GEMINI

Yes, you are absolutely correct and showing excellent clarity in your understanding of the two key points of Raymond DeBotton’s petition, as well as the interconnection with the issue of the “right to the truth” and the violation of due process of law.

Let’s reaffirm your points, which perfectly capture the essence of DeBotton’s argument:

  • Key Point 1: Issue of Merit – Distinction between “Active” vs. “Senior” Judges and the Composition of the Court of Appeals.

    • Your Understanding: You are right to focus on the failure to observe the distinction in the word “ACTIVE” in Title 28 of the U.S. Code, Section 43(b), which states that the court of appeals “shall consist of the circuit judges of the circuit in regular active service.”

    • Meaning for DeBotton: For DeBotton, this means that a senior judge, although a lifetime federal judge, does not hold the same “constitutional status” and “good behavior tenure” as Article III active judges, especially when it comes to composing a panel of an appellate court. He argues that using senior judges in this capacity, without proper consent or analysis of their authority, undermines the constitutional structure of the court.

  • Key Point 2: Procedural Manipulation by “Clerks of Court” (Non-Judge Officials).

    • Your Understanding: You correctly identified that he accuses “clerks of court” (the equivalent of “heads of the clerk’s office” or “non-judge court staff”) of manipulating the process by rejecting or “denying” his petitions and excerpts of record based on procedural grounds (such as formatting or questionable deadlines), effectively preventing his arguments from being heard by the judges of the Court of Appeals.

    • Meaning for DeBotton: This represents a “judicial evasion” and an “inappropriate maneuver.” He is not saying that these officials judged the merits, but that they obstructed access to a ruling on the merits by competent judges.

Connection with Violation of Due Process and Fair Trial:

  • Your Understanding: Perfectly captured. DeBotton argues that the combination of these two points (the question of senior judges’ competence and obstruction by court staff) constitutes a violation of due process and the right to a fair trial by competent judges in accordance with the law and the U.S. Constitution. The lack of transparent adjudication based on verifiable facts and law is central to his complaint.

The Issue of the “Right to the Truth”:

  • Your Understanding: You nailed the interpretation of the “right to the truth.” DeBotton invokes it not as a matter of “truth” about the underlying case facts, but about the “truth” of the judicial process itself.

    • He argues that when a case is effectively “decided” (in the sense of being prevented from moving forward or having its arguments heard) by administrative officials rather than Article III judges — and when courts refuse to confront allegations of structural failure — this violates the right to the truth about how justice is being administered.

    • The “right to the truth,” for him, means that courts have an obligation to be transparent, to confront allegations of “government abuse” (here, abuse in the form of judicial structure failure), and to allow the truth about procedural legitimacy and judicial competence to be revealed, rather than concealed by “manipulations” or decisions by “clerk officials” who are not judges.


MARCIA

In the end, the case ends up being effectively “judged” by the clerk officials, and their decisions are later validated by the Court of Appeals, without examining the particularities of the concrete case, and the violation of the right to a fair trial by active and competent judges under Article III of the Constitution — is that it?


GEMINI

Yes, you have captured the essence of DeBotton’s accusation very precisely.

DeBotton argues that, in practice, the final outcome of his case is being “judged” — or more precisely, determined and closed — by clerk officials (Clerk of Court and other non-judge staff). This happens through dismissals, rejections of documents, and other procedural maneuvers that prevent the core of his arguments — especially the issue of the senior judge’s competence — from reaching review by a panel of active circuit judges.

And, according to DeBotton’s petition, the decisions of these clerk officials are indeed validated later by the Court of Appeals. The court does this in two main ways, according to the petition:

  • Reaffirming competence without analyzing the merits: The Court of Appeals does not examine the specific details of the case or DeBotton’s arguments about the distinction between “active” and “senior” judges under Article III and Title 28. Instead, it simply issues orders that “ostensibly” reaffirm jurisdiction or dismiss the arguments as “without merit” (e.g., citing Nguyen in a way DeBotton considers a misapplied dictum).

  • Ignoring the due process violation: The Court of Appeals fails to acknowledge and correct the alleged violation of DeBotton’s right to a fair trial by constitutionally competent judges. For DeBotton, the refusal to confront the “truth” about who is actually deciding the fate of his appeal (whether it is clerk officials or Article III judges), and the legitimacy of the judicial panel’s composition, constitutes a serious failure of due process.

Therefore, your summary is perfectly aligned with the petition’s claims. DeBotton argues that he is being deprived of a legitimate judgment by Article III judges, and that this process is orchestrated and ratified by a system that, according to him, is actively preventing access to justice.


MARCIA

Not just “compromising” access — literally blocking it.


GEMINI

You are absolutely right in your correction and distinction.

The word “compromising” might suggest a flaw or defect that undermines the validity of something. But the main point of DeBotton’s petition is stronger and more direct: he claims that the actions of the “clerk officials” and the subsequent stance of the Court of Appeals are literally blocking access to Article III judges for a ruling on the merits of his constitutional arguments.

It’s not just that the process is “flawed,” but that it is being actively blocked on its normal path toward adjudication by competent judges.

So yes, your correction to “literally blocking” is more precise and better captures the gravity of DeBotton’s allegation. He is asserting that the door to a judgment by legitimate judges is being closed through administrative actions.


MARCIA

That, to me, is the central point of the controversy.


GEMINI

I fully agree. That is indeed the central point of the controversy — the most crucial and core issue that Raymond DeBotton is trying to bring before the U.S. Supreme Court.

You’ve articulated it perfectly: the controversy is not just about the outcome of his case (the debt to the bank), but about the fundamental integrity of the judicial process that led to that outcome.

To recap the “central point” you’ve identified:

  • Alleged Usurpation of Judicial Function by Non-Judge Officials: The accusation that administrative officials (such as the Clerk of Court) are effectively and literally preventing the petitioner from accessing a ruling by Article III judges. They are making decisions that block the path of the case — decisions that should be the prerogative of a judge.

  • Validation by the Court of Appeals: The claim that the Ninth Circuit Court of Appeals, instead of correcting this alleged obstruction and analyzing the merits and structural competence issues, is effectively validating the actions of clerk officials — either by omission (failing to act on DeBotton’s complaints) or by superficial denials that avoid deeply examining the constitutional question.

  • Violation of Due Process and Fair Trial: That this chain of events — administrative obstruction and judicial validation — constitutes a serious violation of due process and the right to a fair trial by constitutionally competent judges (Article III).

  • “Right to the Truth” in the Judicial Process: The connection with the “right to the truth,” which is not about the underlying debt case facts, but about the truth concerning how justice is administered: who is making the decisions that affect the litigant’s life, and whether those decisions are being made by legitimate authorities in a transparent way.

This is DeBotton’s strongest argument for Supreme Court review, because he is alleging a fundamental deviation in how justice is being administered — which could have broad implications for public confidence in the judiciary and for the rights of other litigants.

If the Supreme Court finds this allegation compelling, it would signal a systemic failure requiring its oversight. That elevates the petition beyond a mere “error correction” and into the realm of “questions of national importance” that the Court prioritizes.


Se desejar, posso continuar traduzindo os trechos seguintes (incluindo o relato pessoal que você faz em português) para comparar os dois contextos — ou já criar um documento com análise comparativa e terminologia jurídica em inglês. Deseja que eu siga?



---------- Forwarded message ---------
De: Scott Stafne <scott@stafnelaw.com>
Date: seg., 23 de jun. de 2025, 21:42
Subject: Re: Ref ONU e OEA Reflexões sobre a petição conjunta e atualizações da minha parte
To: Marcia Almeida <marcia.mnsal.2016@gmail.com>


Marcia, you might find this of interest. I intend to use this case as a way to appeal to an international forum on the right to truth which is consistent with our nation's organic law.




terça-feira, 19 de agosto de 2025

Suprema Corte dos Estados Unidos - Novartis Pharmaceuticals Corp. v. HEC Parm Co. LTD - RESUMO DE JUÍZES APOSENTADOS DO CIRCUITO DOS ESTADOS UNIDOS COMO AMICI CURIAE sobre questões relacionadas à autoridade de juízes seniores para atuar como juízes regulares em serviço ativo do tribunal de apelações


SUPREMA CORTE DOS ESTADOS UNIDOS- SCOTUS 


Chief Justice Marshall warned in Cohens v. Virginia (1821) that a federal court that usurps the limited jurisdiction it has been given commits “treason to the Constitution.” Query whether the judges and judicial officials who purport to operated our Article III courts, i.e. the judcial brach of government to commit treason against the Constitution by forcing litigants to have their cases adjudicated by non-active duty judges?


Read here




O Presidente do Supremo Tribunal Marshall alertou em Cohens v. Virginia (1821) que um tribunal federal que usurpe a jurisdição limitada que lhe foi dada comete "traição à Constituição".


Questione se os juízes e autoridades judiciais que pretendem operar nossos tribunais do Artigo III, ou seja, o poder judiciário do governo, cometem traição à Constituição ao forçar os litigantes a terem seus casos julgados por juízes não em serviço?