Prosecutor who buried cases against Clinton lawyers was an Obama donor

File this post under “not surprised.” Elizabeth Herman, the chief deputy bar prosecutor in D.C. who dismissed my grievances against Hillary Clinton’s lawyers, had previously donated to President Obama’s campaigns in 2008 and 2012.

Cheryl_D._MillsOn Friday, I received a letter from Ms. Herman explaining her refusal to investigate attorneys David Kendall, Cheryl Mills, and Heather Samuelson, and it prompted me to do a little digging about Ms. Herman.  According to Federal Election Commission records, she made two donations of $250 each to President Obama’s campaign during the 2008 election cycle, and donations of $200 and $250 during the 2012 election cycle. I think we can figure out which Presidential candidate she is supporting in 2016.

So what was Ms. Herman’s purported rationale for refusing to investigate Mrs. Clinton’s attorneys? Blind faith in the Obama Administration:

It appears that your concerns were investigated by the Federal Bureau of Investigation (“FBI”). The FBI and prosecutors declined to file charges against Ms. Clinton, her attorney, or those who allegedly assisted her in deleting the emails. We are satisfied that the misconduct alleged was properly reviewed.

That doesn’t pass the laugh test, so this morning I sent a letter to Ms. Herman’s boss, D.C. Disciplinary Counsel Wallace E. Shipp, Jr., and a letter to the D.C. Board on Professional Responsibility. Here’s the letter to Mr. Shipp: … Read more

Judge Walter Smith and Judge Harry Lee Hudspeth, this ain’t over yet

Judge-SmithThis morning I appealed the Fifth Circuit Judicial Council’s order dismissing the misconduct case against retired U.S. District Judge Harry Lee Hudspeth of Austin.  In a letter to an appellate committee of the Judicial Conference of the United States, I also appealed the Fifth Circuit’s latest order concerning the sexual misconduct charges against retired U.S. District Judge Walter S. Smith.

As my regular readers know, I submitted evidence that Judge Smith grabbed and groped a female deputy clerk in his chambers, then Judge Hudspeth covered up the crime while he was serving as chief judge.  At this point, my appeal has less to do with Judge Smith or Judge Hudspeth than with the Fifth Circuit’s propensity to sweep judicial misconduct under the rug.  I’ve reprinted the entire letter below: … Read more

Judgment Day is coming to Grimes County

Since last year, I’ve blogged about the dirty cops at the Montgomery County Auto Theft Task Force who launched a televised raid on an auto auction in Anderson, Texas, seizing 56 vehicles without first determining whether any of them were stolen. Rather than admit their mistake, task TUCKforce agents and Grimes County District Attorney Tuck McLain tried to cover up the incident by framing my clients on organized crime charges.  Now the whole thing is blowing up in their faces.

Yesterday Grimes County District Judge Donald L. Kraemer ordered the cops to release all 56 vehicles because, as we’ve said all along, not one of them was stolen (nor were there any “paperwork problems” as task force agents had claimed). You may recall that task force commander Joe Sclider and his crew arrested Les Shipman, Jerry Williams, and Israel Curtis on charges of engaging in organized criminal activity, a second-degree felony punishable by up to 20 years in prison.  Yesterday all charges were formally dismissed against Mr. Curtis, while Mr. Shipman and Mr. Williams pleaded no contest to a Class C misdemeanor charge of selling cars without a license. A Class C misdemeanor is the legal equivalent of a speeding ticket, punishable only by a fine of not more than $500.

Mr. Curtis’s case is probably the most egregious and the most tragic.  As I first reported in February, Mr. Curtis is a professional auctioneer who was hired to sell the 56 cars, he had never met Mr. Williams before the morning of the auction, and he had only met Mr. Shipman a month earlier when he signed a contract to serve as the auctioneer.* Mr. Curtis will testify that Lt. Sclider said he was arrested because the task force needed a third person in order to file an organized crime charge. In other words, Mr. Curtis showed up to do his job and ended up in jail with his business and reputation destroyed, all because some dirty cop wanted to file an organized crime charge against someone else. Yeah, and you thought you lived in a civilized country. … Read more

Arkansas bar seeking information about Hillary Clinton emails and alleged perjury

Stark LigonAccording to a letter that I received today from Arkansas’s top bar prosecutor, Stark Ligon, his office is running into obstacles in its efforts to investigate my attorney misconduct complaint against Hillary Clinton for destroying emails and lying to Congress:

As part of our investigation, this office is in the process of attempting to obtain further documentation from various sources about the conduct you complain of by Ms. Clinton. The amount of materials is large. To some extent, our efforts to date in this area have met with various confidentiality policies and rules at different organizations that possess such information… For one, we do not yet possess any complete transcript of FBI Director Comey’s appearance before the congressional committee in July 2016, or any full FBI report on these matters. if one has been released since July 5, 2016. We also do not yet possess any full transcript of the October 22, 2015 hearing at which Ms. Clinton testified at length about the Benghazi matter.

It’s pretty easy to find video of the Comey and Clinton testimony on Google, as well as unofficial transcripts (see, e.g., here and here) produced by media organizations. Even so, I sent a letter to House Government Oversight Committee Chairman Jason Chaffetz and House Judiciary Committee Chairman Bob Goodlatte encouraging them to give Mr. Ligon everything he needs.

Last week I reported that most grievance committees are trying to delay or bury investigations into Mrs. Clinton and her lawyers. I disagree with some of the statements in today’s letter from Mr. Ligon, but I don’t have time to write about that. I’m not a trust fund kid, so I have to keep working the day job.

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 DirtyRottenJudges.com, 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