Another day, another whitewash

Judge HudspethRetired U.S. District Judge Harry Lee Hudspeth of Austin got away with it. To no one’s surprise, the Fifth Circuit Judicial Council in New Orleans shrugged off the evidence that Judge Hudspeth covered up the sexual misconduct of U.S. District Judge Walter S. Smith, Jr. of Waco while Hudspeth was serving as the chief judge for the Western District of Texas.

Back in May, I reported that Judge Hudspeth quietly retired while he was under investigation, apparently in an attempt to avoid judicial discipline.  Today’s order from the Fifth Circuit seems to confirm that:

In the light of Judge Hudspeth’s retirement from office, the Judicial Council is no longer able to impose any sanction under 28 U.S.C. § 354(a)(2)(A) or (B). Moreover, even assuming the allegations of the complaint are true, the Council concludes that they would not warrant recommending the extraordinary step of attempting the impeachment of a judge who is no longer on the bench.

Even assuming the allegations of my complaint are true? The order explains that the judicial council had held my complaint against Judge Hudspeth in abeyence (i.e., in limbo) while it investigated Judge Smith.  I happen to know, however, that judicial investigators did investigate matters related to Judge Hudspeth, but the judicial council apparently sat on the findings in order to give Judge Hudspeth an opportunity to retire quietly. That allowed the judicial council to shrug its shoulders and say, “Aw shucks, there’s nothing we can do.” … Read more

State bar prosecutors are flouting the law, protecting Hillary Clinton and her lawyers

Donald Trump is right: the system is rigged. Bar prosecutors in Arkansas, D.C. and Maryland have violated their own rules and statutes in order to delay or prevent investigations about whether Hillary Clinton and her lawyers destroyed evidence (although bar prosecutors in New York might buck that trend). In related news, I’ve filed bar grievances against FBI Director James Comey and U.S. Attorney General Loretta Lynch (more on that below).

David KendallThis morning I received an email from D.C. Deputy Disciplinary Counsel Elizabeth A. Herman informing me that her office would not act on my complaint that Clinton attorneys David Kendall, Cheryl Mills and Heather Samuelson, as well as Mrs. Clinton herself, destroyed emails from Mrs. Clinton’s private email server.  Normally, when a complaint states a facially-valid violation of the professional rules, Ms. Herman’s office asks the respondent attorney to respond in writing. In this case, Ms. Herman’s office will not even investigate my complaint, much less prosecute the offenders.

This seems to be a trend. Previously, the deputy director of the Arkansas Supreme Court’s Office of Professional Conduct, Michael Harmon, informed me that before deciding whether to file charges against Mrs. Clinton, he wanted to await the Justice Department’s decision on whether to prosecute her for lying to Congress. That’s just an excuse to delay action until after the Presidential election. As I told Mr. Harmon’s boss in a letter on Monday, “I think we both know that Mrs. Clinton has a better chance of being struck by lightning than prosecuted by the Obama Administration.” … Read more

In re Hillary Clinton: The squirming begins

To no one’s surprise, the U.S. District Court in Little Rock, Arkansas is trying to make my bar grievance against Hillary Clinton go away. I don’t intend to make that easy.

Hillary_Clinton_official_Secretary_of_State_portrait_cropOn Monday evening, I received a three-line letter from the court clerk stating that my bar grievance was being returned because Mrs. Clinton is an inactive member of the federal court’s bar. I called the clerk’s office yesterday morning and learned that my letter had not even been shared with the judges of the court, so I sent a letter directly to Chief Judge Brian S. Miller arguing that Mrs. Clinton’s inactive status was not grounds for rejecting the complaint. An hour later, I received an email from one of his clerks informing me that “this court is not the proper route” for filing an ethical complaint and directing me to file my grievance with the state disciplinary authority for Arkansas.

Well, that’s not what the court’s own rules say.  I’ve already filed a grievance against Mrs. Clinton with state officials (for the reasons cited on last week’s post, I don’t have much confidence in Stark Ligon, the executive director of the Arkansas Committee on Professional Conduct), and this morning I sent another letter to Chief Judge Miller explaining that the rules of his court do not give him the latitude to reject my grievance so casually. Local Rule 83.5(e) of the U.S. District Court for the Eastern District of Arkansas adopts the Uniform Federal Rules of Disciplinary Enforcement, and the relevant disciplinary rule states as follows:

When misconduct or allegations of misconduct which, if substantiated, would warrant discipline on the part of an attorney admitted to practice before this Court shall come to the attention of a Judge of this Court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these Rules, the Judge shall refer the matter to counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate.

Uniform Federal Rule of Disciplinary Enforcement V(A). … Read more

Bar grievances for Hillary Clinton and her minions

I changed my mind. After lamenting two weeks ago that bar complaints against Hillary Clinton’s lawyers probably would be swept under the rug, I decided to file the grievances anyway. I also filed grievances against Mrs. Clinton herself.

Hillary_Clinton_official_Secretary_of_State_portrait_cropState and federal bar rules uniformly prohibit perjury and destruction of evidence, and there is compelling evidence that Mrs. Clinton is guilty of both. We’ve known for months that Mrs. Clinton’s cronies deleted emails from her secret, home-brew email server. More recently, the chairmen of the Judiciary Committee and Government Oversight Committee of the U.S. House of Representatives referred Mrs. Clinton to the Justice Department for prosecution of perjury based on false testimony that she gave during the Benghazi investigation.

Mrs. Clinton’s friends in the Obama Administration control the Justice Department, which means they can and will block any attempt to prosecute Mrs. Clinton for perjury (or anything else). The same goes for her lawyers. But maybe – just maybe – her tentacles don’t reach into every state and federal bar.

In Mrs. Clinton’s case, I filed grievances with the Arkansas State Bar, the U.S. District Court for the Eastern District of Arkansas, and the U.S. Court of Appeals for the Eighth Circuit. Mrs. Clinton is suspended from the Arkansas State Bar and the U.S. District Court for failure to comply with continuing legal education requirements, but she could reactivate her license at any time by taking the required credit hours. In the Eighth Circuit, however, she is still an active member of the bar, as is one of her attorneys, David “The Deleter” Kendall. I also filed grievances against Mr. Kendall and Mrs. Clinton’s other two lawyers, Cheryl Mills and Heather Samuelson, with the D.C. Bar and the Maryland Bar as well as the U.S. District Court for the District of Columbia. You can read the grievances by clicking the links above, and I’ve elaborated on the grievances below. … Read more

The dirtiest federal courthouse in America

It’s payback time. The U.S. District Court for the District of Columbia will probably disbar me by the end of next week. The court gave me less than 30 days notice of an August 30, 2016 trial date, it will not allow me to present any witnesses at my trial, and it is giving me a total of 30 minutes to defend my reputation, my career, and my livelihood. That’s the sort of “justice” I would expect in Cuba or China.

Ellen-Segal-Huvelle-Article-201406250956And it’s just the tip of the iceberg. If you’ve followed this blog or read, you know that I filed a judicial misconduct complaint against U.S. District Judge Ellen S. Huvelle in early 2015 after I learned that she had secretly communicated ex parte with my opposing counsel while a case was pending in her courtroom. Attorneys Patrick Kearney and Michael Bramnick forged their client’s signature onto a false affidavit, knowingly filed false discovery responses to hide an adverse witness, and suborned perjury, but Judge Huvelle repeatedly refused to do anything about it.

After trial, I learned that Judge Huvelle had been secretly relaying messages to Mr. Kearney or Mr. Bramnick (or someone working with them) around the same time that the chicanery was happening in her courtroom. I also learned that Mr. Bramnick tampered with the medical records of his client, William C. Cartinhour, Jr., in order to conceal the fact that Mr. Cartinhour is a paranoid schizophreic and a pathological liar. Worse, Judge Huvelle may have learned about the schizophrenia during ex parte communications with Mr. Cartinhour’s psychiatrist (I cannot yet say for certain because the courts have blocked my access to the evidence). If so, she never tried to stop the fraud. … Read more

Texas Alcoholic Beverage Commission seeks to block release of records about whether its agents adequately intervened in attempted murder

The Texas Alcoholic Beverage Commission asked Texas Attorney General Ken Paxton to block the release of records about a July 23, 2016 incident where two TABC agents allegedly failed to intervene in a shooting that they witnessed in Dallas.

agency patchBack on July 26, I received this tip from a retired TABC agent:

Sometime over the last few evenings a TABC vehicle containing a veteran Sgt and a newer agent was stopped at a red light in the Dallas area. Another vehicle was stopped two lanes over in the same direction. This vehicle contained numerous African Americans and they started shouting threats and slurs toward the TABC vehicle. A second vehicle pulled into the lane that separated the TABC vehicle and the first vehicle. This second vehicle also contained African Americans. Suddenly a person exited the second vehicle with a handgun and fired numerous shots at point blank range into the first vehicle. The TABC Sgt and agent drew their weapons but DID not engage the shooter but instead waited until he reentered the second vehicle and drove away. The TABC vehicle followed until they lost the vehicle containing the shooter.

The TABC Arlington Major commended the Sgt for the action she took and not engaging the suspect. Unknown if any injuries or deaths.

I filed a public information request on the following day, and last week TABC attorney Charles Wallace requested a legal opinion from Mr. Paxton about whether the agency was required to release the records. Mr. Wallace also notified the Dallas Police Department that it might want to object to the release of the records.* … Read more

The Grimes County Grand Jury needs to investigate the Grimes County DA

TUCKSome time this afternoon, grand jurors in Grimes County should receive copies of a letter requesting an investigation of District Attorney Tuck McLain. Since September, I’ve blogged about how the Montgomery County Auto Theft Task Force botched a raid on an auto auction last summer and how Mr. McLain and MCATTF cops have since tried to cover it up.

After we filed a civil rights lawsuit in federal court, Mr. McLain and the MCATTF cops retaliated, hence my request for a criminal investigation:

Ladies and Gentlemen of the Grand Jury:

In recent years, the Houston Chronicle and other media organizations have published stories about prosecutors who abuse their authority and railroad innocent defendants. Charles Sebesta, the former DA in Brenham and Caldwell, was disbarred last year on the grounds that he withheld exculpatory evidence and used false testimony to secure the capital murder conviction of Anthony Graves. In 2013, former judge and prosecutor Ken Anderson was jailed for contempt of court because he withheld evidence that would have proved that Michael Morton was innocent of murdering his wife. Mr. Morton served 25 years in prison before DNA evidence conclusively proved his innocents (and led to the capture of the actual murderer).

I mention those cases because I am writing to request that you initiate a criminal investigation of Grimes County District Attorney Tuck McLain, as well as other officials in Grimes County and Montgomery County. I have enclosed a copy of a lawsuit (Exhibit 1) that I filed on behalf of Les Shipman against Mr. McLain and other officials in the U.S. District Court in Houston. I would direct your attention to paragraphs 18-27 and 30-33. … Read more

It’s time for twelve grand jurors to take down the Booger County Mafia

This morning the newly-empaneled Robertson County Grand Jury received a letter outlining the reasons for investigating and ultimately indicting former Hearne City Attorney Bryan F. “Rusty” Russ, Jr. The letter is reprinted in full below.

Rusty.249111858_stdBack on May 5, 2012, I reported that Mr. Russ hid petition signatures in an effort to keep voters from forcing a forensic audit of Hearne’s municipal finances. There’s plenty of evidence of financial misconduct at city hall, and I that suspect Mr. Russ and the rest of the Booger County Mafia are up to their eyeballs in it. Regardless, it was a crime under state and federal law to intercept and hide the petition signatures.

I’ve repeatedly asked the Texas Rangers and District Attorney Coty Siegert to investigate Mr. Russ, but thus far no one has responded. That’s not really surprising, given Mr. Russ’s political connections, and that’s why I decided to bypass the ruling class and take the issue directly to the twelve citizens selected at random to serve on the grand jury.

Over the weekend, I also filed another bar grievance against Mr. Russ, and I sent the bar a copy of my letter to the grand jury. The grievance is reprinted below my letter to the grand jury. I’m sure Chief Disciplinary Counsel Linda Acevedo was plenty offended by what I wrote, but frankly I’ve given up on trying to persuade her office to do the right thing.

As I reported back on February 11, 2016, the state bar has gone to some really perverse lengths to protect Mr. Russ, a former member of one of its grievance committees, so at this point I’m trying to publicly shame the bar into doing the right thing. Incidentally, if you want to share your own thoughts with Ms. Acevedo, send her an email at lacevedo at … Read more

Another day, another dirty trick in Booger County

The Booger County Mafia just won’t give up. I learned this afternoon that the Hearne Police Department plans to file an “assault by contact” charge against my client, City Councilman Rodrick Jackson. That’s a Class C misdemeanor, i.e., the equivalent of a traffic ticket, and a far cry from the original Facebook smear that Mr. Jackson had engaged in sexual misconduct with a minor.

Even so, it’s a bogus charge, and it appears to be politically motivated. Below I’ve reprinted my letter to Interim City Manager John Naron and City Attorney George Hyde. If the Mafia boys want to play hardball, I’ll be glad to take them to school. They should know by now that I bring guns to knife fights, and I bring tanks to gun fights.

On that note, I’ll go ahead and mention that I’ve been investigating the 1997 death of David Alvarado. Councilman Emmett Aguirre, does that make you nervous? It should. There’s no limitations period for a murder charge, and I don’t think a case should be dismissed just because somebody hired Rusty Russ. … Read more

Sexual misconduct in the federal judiciary: where are the Democrats and feminists when I need them?

Judge-SmithHillary Clinton is not the only person protected by a double standard. On Friday, the nation’s top judicial misconduct panel confirmed my suspicion that U.S. District Judge Walter S. Smith, Jr.’s colleagues tried to downplay the extent of his sexual misconduct.

Last December, Smith was reprimanded and partially suspended for a year after I submitted evidence that he forcibly grabbed, groped, and kissed a female deputy clerk in his chambers, apparently while he was drunk.  I appealed the decision, arguing that Smith’s punishment was far too lenient.  I also noted that I had given investigators the names of witnesses and victims from other alleged incidents, but the investigators for the Fifth Circuit Judicial Council never contacted those witnesses or victims. (In fact, I have reason to believe that the Fifth Circuit judges told the investigators not to look into the other alleged incidents.)

As I told the Waco Tribune-Herald on Friday, the Fifth Circuit judges couldn’t very well ignore the first incident, because I gave them a transcript of the victim’s testimony, but they sure ignored the other alleged incidents. Fortunately, the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States (wow, that’s a mouthful) ordered the Fifth Circuit to conduct a more thorough investigation.  The committee also ordered the Fifth Circuit to elaborate on its finding that Judge Smith had been deceptive during the investigation. … Read more