Vetting & Stumping Stealth Write-in Candidates!
Attorneys who value the brains of our forefathers and are smarter than a 5th grader!
UnElectedsWhen the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader - MORE
Political machine inertia ... -
... is the primary force in elections.
With so much going on in everyone's lives outside the election of judges, very rarely is the public informed enough to make an informed decision when an attorney is first up for election as a judge, resulting in party-line votes without any substantive evaluation of the candidates.
But in the Kings County Supreme Court, they must come up for re-election every 14 years for Supreme Court and 10 years for Civil Court.
After a decade or more of being a judge, one has more than party-backing to go by.
Until recently, reviews of how a judge did during his or her 10/14 year term were hard to come by.
Now we present scorecard of sorts.
the HARUCHAIa bloodguard for politics? - come to pillage, stay to serve - MORE
Early Millenium Migration -
Early in the millenium, educated young people migrated to (cheap) places where they could congregate.
They sought adventure there, in the coastal cities, places where many of there parents had fled in the decades long exodus to the suburbs (Levittown, Naperville, ...)
Then the recession struck, a by product of specious financial regulation and billions and billions on questionable wars to protect, mostly, oil interests.
This may have just been a blip in history, but those young-ish needed to eat, and put a roof over their heads.
Once congregated, they became a market unto themselves with critical mass enough to support almost anything as long as they were willing to live in the abandoned carcass of the cities.
Being a recession and all, they created their own economies by reinventing artisanal craftsmanship everywhere there had been just bland commodities for decades.
Beer, Pizza, chocolate, coffee, COFFEE, soda, mustard, mayonnaise, peppers, cupcakes, barbeque, whiskey, theater, music, ...
It was if a great cry arose and said, YUCK!
Nowhere was this most evident than in Brooklyn, close enough to the wellspring of all media, Manhattan, but far away enough for cheap rents in nearly abandoned neighborhoods (Bushwick?).
They worked this for awhile and even elected the first black president, in part, by using nascent social media and sending droves of people to toss-up states door to door.
Then they went about their non-political business as the economy slowly recovered.
Until 2016, the vote heard round the world.
All the media championed a candidate that had a several million vote advantage OVERALL, but failed to address the chess game afoot, the ELECTORAL COLLEGE, the only game that mattered (whether you agreed with the rules or not, they are the rules in play).
It is often said that votes are yards and states are touchdowns.
Who hasn't seen a team garner massive yardage but fail in the red zone.
The losers complained that they didn't know it was about touchdowns, but that yards should be the only metric.
They then complained that social media was used to influence voters, as if that hadn't been the case in 2008, whether foreign backed or not. Disingenuous at best.
But then came the 2018 mid-terms and a shift in the firmament occurred. Longstanding politicians saw the handwriting on the wall and did not run for re-election. Other long time elected officials played the same old game and got beat by any other perspective than holding on to power for the boomer generation.
TheGrowlerWhy we are here - Old-School Journalism is dead, long live the New School! - MORE
A little about us... -
THE GROWLER: a years late followup to some heated discussions about the future of journalism ...
which led to a process diagram sketched on the back of an envelope that was promptly ignored for years.
During the decade that followed, journalism went into a tailspin and is now, effectively, neutered at the traditional point of origin, Main Stream Media, who are now too beholding to the entities they should report on that even the pretense of speaking truth to power is gone.
Then a media echo chamber of silliness on all sides effectively cauterized a Democratic-leaning populace into a zombie-like apathy at the polls.
Since then things have only gotten worse as no side substantively interacts with the brainstems of the American populace.
Not only must objective critical analysis occur (whether or not we call it journalism), that work needs to be given a fertile and sustainable soil from which to spring.
The Growler is that soil.
Read on to see what we want to become.
Brookyln Lyceum MaruLyceum Maru - or, you only get the rights you fight for ... - MORE
Worse than Kobayashi Maru - OR Captain Kirk wold have a tough time with Brooklyn Courts
Star Trek's Captain Kirk re-programmed a Star Fleet Academy simulation that was designed to have the Star Fleet candidate either lose his ship in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.
That was a situation no one could win. In Brooklyn Courts we have a worse situation, judges choosing who wins and putting their thumbs on the scale to "make it so" with different decisions for the same conceptual fact pattern.
The Brooklyn Lyceum, aka Public Bath #7 (designed by Raymond Francis Almirall), a community fixture for 20 years as a theater, cafe and sometimes gym/batting cage, needs your help.
The way is CLEAR and CERTAIN for the BROOKLYN LYCEUM, but can be shortened tremendously with a little help from some friends, be they ARTISTS, LOCALS, ARTS ORGANIZATIONS or PEOPLE / ORGANIZATIONS (Brooklyn or otherwise) who think the rule of law and due process are good things, things the NYS Supreme Court and the Appellate Courts must follow, and that the Appellate Court should not be in the business of suborning perjury or making up facts.
Quite simply, we had/have four slam dunk due process related appeals, waited forever to be heard, more than 2.5 years, and the Appellate Court actually lied at oral argument, failed to address jurisdictional arguments legally raised at oral argument, made up facts (19 > 26), altered our appeal brief, ignored dealing with an inconvenient fact (45> 30) and retroactively altered perjury away for the Plaintiff in order to avoid the lower court being "dunked on" while failing to prevent harm to another party by such altering away perjury (analogous to the hippocratic oath doctors take).
With a little help from some friends, we may be able to resurrect the rule of law and due process, if even for a little while.
Pay it forward: Read, review, sign and send affidavit. Maybe an hour of your life. Maybe two.
By doing so you get some say in future BROOKLYN LYCEUM programming, or, if that is not does not do it for you, we offer a few other options for your time.
More info below, but the process by which we seek your eyes, ears, higher order brain functions and body will be managed by jafomaru.com, which handles bringing attention to systems run awry, and voting by gowanagus.com, our programming arm.
>>>> Don't be scared, just :
- --learn simple rules about Jurisdiction in the next few tabs,
- --read about what went down,
- --watch a few snippets of oral argument videos wherein the court says what it later ignores.
- --watch/listen to parts of an oral argument where in jurisdiction is raised,
- --watch/listen to parts of an oral argument where the court asks the other side what it says to the jurisdictional arguments.
- --look at 5 pages (3 of substance, 2 of header/footer) of decision for failure to address arguments raised and
- --look at the timing of a few docket items
- --review and not timing of a few dispositive docket items.
- --SIGN and SEND an affidavit (we provide a boilerplate).
- --That is one affidavit to sign and send. That one and others, as they become relevant, are posted on JafoMaru.com.
APPEARANCES: On occasion, anyone who has done at least one affidavit can get more votes by appearing in court for a hearing or event as requested by us.
OUR WAYS OF THANKS: VOTES
- --An accepted affidavit (needs to contain the things in the boilerplate or words to that effect, subject to our approval) gets you ten (10) votes.
- --Every time we use the affidavit in court filings, you get an extra vote.
- --Every time you appear at a hearing / event as requested you get twenty (20) votes.
- --*** Former Lyceum Minions: If you setup for markets or crafted espresso drinks or ran the batting cage or booked jazz ... for the Brooklyn Lyceum, you get a vote for each month of service in the Lyceum Coal Mines of Art. Those votes are in addition to at least one affidavit which vests all votes. Contact us at mailto:firstname.lastname@example.org with details of your service and we will figure out the allocated votes.
OUR WAY OF THANKS: NOT FOR PROFIT / CAUSE WORK: If participating in Brooklyn Lyceum Programming is not your style, for whatever reason, we are crafting a list of places/causes to which the votes can be converted to work, after the Brooklyn Lyceum.
You get the votes when the Brooklyn Lyceum is successful and you can transition to the cause any time by donating the votes back to the BROOKLYN LYCEUM.
Examples to be expanded upon by suggestion and approval by the BROOKLYN LYCEUM:
- OUR WAY OF THANKS: PLAYING IT FORWARD: As soon as we are alerted to a judge who ignores the requisite rules, his recent case history should be reviewed and a scorecard kept. That scorecard should be made available to the nominating organization and the general public significantly before election and in time to matter prior to nomination.
- AD2 MARU : The same court that has us improperly blockaded. New York Supreme Court, Appellate Division, Second Department (AD2) has, for the first time, oral arguments available online. We seek to watch all oral arguments for a calendar year (2018), take notes and predict a decision based on the notes and video. We then look at the decision (which comes out 2-4 months later) and see if the courts follow the science of procedure properly. If not, we dig into the actual papers presented to the appellate court in a deep dive of sorts.
- FELINE INFECTIOUS PERITONITIS (FIP): The Brooklyn Lyceum lost an adopted feral kitten (EMMA) to this insidious, and as yet incurable, disease. The vet who treated EMMA told us that it was an epidemic in Brooklyn for a variety of reasons. While there is no known treatment, this would go to help research on FIP.
WHAT HAS GONE BEFORE: You can see our ever growing list of prior activities/performers in the story labelled : what has gone before (and you can get an extra vote if you can name a performance event (either name a one day event or a multiple day event or run)).
WHAT MAY COME AGAIN: You can see some of what is up our programming sleeve : what may come again.
NEXT STEP: DO THE LYCEUM MARU: https://jafomaru.com/wip/10091
JAFOMaruSystem Observers - sunlight is the best disinfectant - MORE
A little sunlight -
is both dangerous and useful ...
TL/DR:James Bryce : 1888 : The American Commonwealth
The conscience and common sense of the nation as a whole keep down the evils which have crept into the working of the Constitution, and may in time extinguish them. Public opinion is a sort of atmosphere, fresh, keen, and full of sunlight, like that of the American cities, and this sunlight kills many of those noxious germs which are hatched where politicians congregate. That which, varying a once famous phrase, we may call the genius of universal publicity, has some disagreeable results, but the wholesome ones are greater and more numerous. Selfishness, injustice, cruelty, tricks, and jobs of all sorts shun the light; to expose them is to defeat them. No serious evils, no rankling sore in the body politic, can remain long concealed, and when disclosed, it is half destroyed.
Maru stands for circle or ship in Japanese.
Maru is also a recurring part of Star Trek, whereby Captain Kirk reprograms a simulator (system) that has been designed to not allow success.
The system is called the Kobayashi Maru : https://en.wikipedia.org/wiki/Kobayashi_Maru
KOBAYASHI MARU : "The test's name is occasionally used among Star Trek fans or those familiar with the series to describe a no-win scenario, a test of one's character or a solution that involves redefining the problem and managing an insurmountable scenario gracefully."
We think a system that covers up judicial violations of due process and false statements by judges counts as "a test of one's character" and "a no-win scenario" or an "insurmountable scenario" to be managed by the public at large.
We are not finished till sunlight kills the "noxious germs".
AD2 Maru - year in the valleyjurisdiction ain't what is used to be ... - AD2 ignores jurisdiction, makes up facts and treats pro se litigants differently? - MORE
PREAMBLE - The Brooklyn Lyceum went into the belly of the judicial beast on September 6, 2018: oral argument of four slam dunk appeals at the New York State Supreme Court Appellate Division Second Department.
The Brooklyn Lyceum was seeking to overturn lower court rulings regarding abandonment of a claim, perjury by an attorney, and contempt of an order that never was in effect.
After having watched about 30 hours or so of 2018 oral arguments the Lyceum was confident that, given the commentary by judges in those hours, and, after waiting more than 2.5 years to be calendared, justice would be done.
That justice would be the clear application of basic legal concepts, simple statutes, iron clad case law and the common law to simple fact patterns, especially the unequivocal lack of jurisdiction:
- --that, on the record before the court, doing simple addition and subtraction ((service date + proof of service date+10 days +365) < date of motion), the case was statutorily abandoned stripping the court of any power it had in the case whatsoever, and,
- --failure to serve any motion or papers on attorney for two defendants, and,
- --no matter whom was served, noticing all parties to appear ten years in the past, and
- --an attorney committed perjury swearing in an affidavit that a document proving acquired standing existed when his client first appeared some 9 months prior, when, in fact, that document requisite for standing we mere days prior, some 9 months after appearing without standing.
- --an order served, not within 21 days, as per the order, but at 45 days, was not in effect, ever.
Nothing could be further from the truth than the court doing justice as the law required.
Presiding Judge Reinaldo Rivera's statements that the Second Department had "an excellent reputation" and "we will get to the bottom" of this proved to be red herrings, if not flat out lies.
NOTHING NEW UNDER THE SUN
- --the court found that 19 was greater than 26.
- the court went outside the record, contrary to all precedent on the issue, precedent that says if you can't be bothered to put it a necessary reason in the moving papers, you can't add it later.
- --the court, after having gone outside the record, failed to follow the judicial equivalent of the hippocratic oath to first, do no harm, when it, by accepting papers outside the record as being dispositive, failed to do what it had done as recently as two weeks prior to the oral argument, change the record nun pro tunc, but resetting both sides back to the nun pro tunc date.
- --the court, rather than addressing how and when the non-initiating plaintiff acquired standing, altered the appeal brief from alleging Ex-trinsic fraud(with no time limit to vacate) to In-trinsic fraud which has, historically, but no court dares cite the source, had a two year deadline to vacate.
- --the court, rather than address the requirement that contempt can only be found if the order was still in effect, ignored that part of the case cited that required the order still be in effect, setting precedent allowing contempt to exist of orders no longer in effect.
DOUBLE NOTHING NEW UNDER THE SUN
- --When asked to reconsider 19 is greater than 26 ... Denied.
- --When asked to reconsider affirming contempt without addressing whether the order was in effect ... Denied.
- --When asked to reconsider stealth nun pro tunc of evidence submission .. Denied.
- --When asked to reconsider failure to address jurisdictional arguments raised, and not rebutted, at oral argument ... Denied.
- --When asked to reconsider perjury allegation of non-initiating plaintiff acquiring standing from initiating plaintiff ... Denied.
PURPOSEFULLY UN-WINNABLE SITUATION
- --This situation is so kafka-esque, that something needs to be done.
- --If not now, then when?
- --If not the Brooklyn Lyceum, then who.
Captain Kirk reprogrammed an un-winnable test at Star Fleet Academy, the KOBAYASHI MARU.
We seek to make the slam dunk cases winnable by collecting enough information to fight the power.
Old Guard still standing ...
Indie news of note ...
Science feeds of note ...
Evolution feeds of note ...
Espresso feeds of note ...