September 1, 2019
President Donald J. Trump
Attorney General of the United States the Hon. William Barr
U.S. Attorney John H. Durham
Re: PETITION FOR STATEMENT OF INTEREST-BASED ON ACTS OUTSIDE OF LEGAL AUTHORITY AND SCOPE OF EMPLOYMENT
The Inspector General’s finding confirms two issues: first, both President Trump and his campaign were the targets of government attorneys and employees acts outside of legal authority or scope of employment; and, second, despite the Federal Tort Claims Act, current government policies that were established by Eric Holder et al., during the Clinton and Obama Administrations –makes it difficult, if not impossibility, to obtain accountability.
But, to enforce Constitutional and statutory limitations and prohibitions to there must be a procedure to secure accountability against government attorneys and employees for their willful and negligent acts.
Therefore, I filed my May 20, 2019 Petition for a Statement of Interest and Amicus Brief to the Supreme Court of Virginia in Isidoro Rodriguez V. The General Assembly of the Commonwealth of Virginia, No. 190579 (see my presentation to the panel on July 22, 2019 (Exhibit 1)). I also submit this letter as an additional Petition for a Statement of Interest and Amicus Brief in Petition for Appeal, Isidoro Rodriguez V. Virginia State Bar Disciplinary Board, No______ filed July 28, 2019 (Exhibit 2).
These Petitions for a Statement of Interest are filed because it is clear that the Common Law and the statutory mandates under the Virginia Tort Claims Act, and the Federal Tort Claims Act have been willfully violated by the Judicial Branch granting “impunity” and absolute immunity to government attorneys for willful acts outside of legal authority and scope of employment. (See Isidoro Rodriguez v. Jane/John Does of the Virginia State Bar Disciplinary Board et al., U.S. Dist. Ct. E.D. VA 12‑cv‑663‑JAB (4/12/2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013) (the Ho. Judge Gibney issued against me a nationwide Federal injunction against any actions challenging the violation of the Void Ab Initio Order Doctrine, VA Const., VA Code). Judge Gibney violated the limitations and prohibitions under the Constitutions of Virginia and the United States in defiance of the holding in Marbury v. Madison, 1 Cranch 137, 140 (1803). This is evidence of the use of political influence and cronyism in retaliation against me for being an independent federal litigator by the systemic denial of access to an impartial judiciary. I note that Thomas Jefferson warned 225 years ago,
“[t]he germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”
This underscores James Madison warning that,
“[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” The Federalist Papers, No. 48, Feb. 1, 1788
Consequently, I renew my request for a Statement of Interest is filed in the above-cited actions before the Supreme Court of Virginia. This based on my prevailing arguments in Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (U.S. Supreme Court reversed/remanded for an evidentiary hearing before an independent jury under the Common Law and 7th Amend. U.S. Const. to decide the issue of alleged acts outside the scope of employment).