Unlawful Acts During the Obama Administration in Violations of 26 U.S.C. § 7214 of the Internal Revenue Code, the Virginia Constitutions and Code, the U.S. Constitution, and the Void Ab Initio Order Doctrine by The U.S. Department of Justice-Tax Division, the Internal Revenue Service, the U.S. Tax Court, the U.S. Court of Appeals for the Fourth Circuit, and the District Court for the E.D. of Virginia.

November 27, 2017

President Donald J. Trump                                                                    Attorney General Jeff Sessions

The White House                                                                                 U.S. Department of Justice

1600 Pennsylvania Avenue, NW                                                           950 Pennsylvania Avenue, NW

Washington, D.C. 20500                                                                       Washington, D.C.  20530-0001

Via U.S. Mail and Telefax (202-456-2461)

Re:       Unlawful Acts During the Obama Administration in Violations of 26 U.S.C. § 7214 of the Internal Revenue Code, the Virginia Constitutions and Code, the U.S. Constitution, and the Void Ab Initio Order Doctrine[1] by The U.S. Department of Justice-Tax Division, the Internal Revenue Service, the U.S. Tax Court, the U.S. Court of Appeals for the Fourth Circuit, and the District Court for the E.D. of Virginia.

Dear President Trump and Attorney General Sessions,

Pursuant to 26 U.S.C. § 7214 Internal Revenue Code,[2] I write to respectfully request that the U.S. Department of Justice opposes Ms. Lois Lerner’s motion to seal her deposition seeking to avoid accountability for acts of malfeasance outside the scope of employment during the Obama Administration (See http://www.foxnews.com/politics/2017/11/20/lois-lerner-wants-irs-testimony-sealed-fearing-death-threats.html).

This request is to secure accountability generally and to assist my efforts challenging the retaliatory business conspiracy depriving me of my profession, reputation, right to employment, property and law practice as an independent attorney litigating against Eric Holder et al., during the Obama Administration for violation of the Art. VI of the Virginia Constitution, Va Code, U.S. Constitution, 26 U.S.C. § 7214, and the Void Ab Initio Order Doctrine [3] (See my United Nations Complaint, and my Petition to the Inter-American Commission on Human Rights (P-926-16) of the Organization of American States at http://www.isidororodriguez.com).

The evidence confirms that in furtherance of Eric Holder et al.’s retaliatory business conspiracy against me the U.S. Department of Justice Tax Division, the Internal Revenue Service, and the Art I U.S. Tax Court affirmed the declaring as “frivolous” and summarily striking of my litigation expenses for litigation challenging void orders, and issued a Deficiency Notice without any investigation or audit or other minimal factual predicates.  Thus, in violation of 26 U.S.C. § 7214 the Internal Revenue Service assessed taxes greater than allowed by law by denying me of my self-employment FY 2006 Schedule C 1040 business deductions for me and my wife (law partner) law office est. since 1987.

During the same period in furtherance of Holder et al.’s retaliatory business conspiracy, I was systematically denied access to an impartial court to challenge the retaliatory unlawful disbarment of me as a member of the bar of the United States Supreme Court, the United States Court of Appeal for the 2nd, 3rd, 4th, 11th, D.C. and Federal Circuits, the United States District Court for the E.D. of Virginia, and the U.S. Tax Court, by their use of legal sophistry to dishonestly apply the judicially crated doctrines of stare decisis and res judicata in violation of Article VI of the Virginia Constitution, the Void Ab Initio Orders Doctrine. The U.S. Tax Court also refused to comply with the mandate of 26 USC Section 7214.  Finally, in furtherance of Eric Holder et al.’s retaliatory business conspiracy unpublished Void Ab Initio Orders were issued to grant to Holder et al. “impunity” and absolute immunity for unlawful acts by enjoining and issuing a prior restraining on all future suits alleging violations of Art VI of the Virginia Constitution and Code  (See Isidoro Rodriguez v. Jane Doe et al., Case No. 3:12-cv-00663- the Hon. Dist. Judge John A. Gibney, E.D. VA Apr. 12, 2013at https://casetext.com/case/rodriguez-v-doe-5), and the Honorable Justices of the United States Court of Appeals for the Fourth Circuit No. 13-1638 at https://www.gpo.gov/fdsys/pkg/USCOURTS-ca4-13-01638/pdf/USCOURTS-ca4-13-01638-0.pdf).

The U.S. Department of Justice Tax Division, the Internal Revenue Service, and the Art I U.S. Tax Court, have acted arbitrarily without a rational foundation, excessive and harassment in violation of 26 U.S.C. 7214.  I challenge these unlawful acts during the Obama Administration because these unlawful acts aided and abetted Holder et al. retaliatory business conspiracy against me for my past litigation against “Deep State” of Washington D.C./Virginia Oligarchy of government attorneys, employees, and judges’ violation the Rule of Law.    Based on the above I respectfully request the U.S. Department of Justice file opposition to Ms. Lois Lerner’s motion.

Your servant,

Respectfully,

Isidoro Rodriguez

cc:        Gen. John Kelly (Ret.), White House Chief of Staff

                [1] The Void Ab Initio Order Doctrine mandates that when an entity does not have either constitutional authority, or legal power, or jurisdiction to render any order, said order is void ab initio—therefore not subject stare decisis/res judicata as a complete nullity from its issuance and may be impeached directly or collaterally by all persons, at any time, or in any manner. See Collins v. Shepherd, 274 Va. 390, 402 (2007); Singh v. Mooney, 261 Va. 48, 51‑52(2001); Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925); Rook v. Rook, 233 Va. 92, 95(1987).

                [2] Excerpts from 26 USC Section 7214(a) are as follows:

Any officer or employee of the United States acting in connection with any revenue law of the United States –

  • who is guilty of any . . . (omitted) willful oppression under color of law; or
  • who knowingly demands other or greater sums than are authorized by law. . . (omitted); or
  • who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment; . . ..
  • who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement; or
  • who, having knowledge or information of the violation of any revenue law by any person, or . . . fails to report, in writing, such knowledge or information to the Secretary; . . ..

shall be dismissed from office or discharged from employment and upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment of the court. The court also shall render judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution.

            [3] I took an oath as a Vietnam Vet more than 52 years ago to defend the Constitution and Republic, “from all enemies, foreign and domestic.”  Surreally, my past 45 years as a federal litigator uncovered “domestic” enemies seeking to violate the limitation and prohibitions under the U.S. and Virginia Constitutions so to assume away accountability, See Martinez v. Lamagno and DEA, 515 U.S. 417 (1995) (I argued and won before the United States Supreme Court against Holder and DOJ’s surreal argument that a DEA agent acting negligently outside of the US was not personally liable for damages causing a car accident while driving drunk and having sex.  The Court reversed and remanded holding that there was to be an evidentiary hearing before a jury of the alleged acts outside scope of employment); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145 (1996) (I argued and won the right to hold accountable DOJ attorneys for violation of the Electronic Communications Privacy Act (1978); Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997) (I argued and won the right to hold accountable DOJ and financial institution accountable for violation of the Right to Financial Privacy Act); and, Cooperativa Multiactiva de Empeados de Distribuidores de Drogas (Coopservir Ltda.” v. Newcomb, et al., D.C. Cir. No 99-5190, S Ct. No 99-1893 (2000) (A challenge as a prohibited bill of attainder by Pres. Clinton’s Executive Order use of the War Power Act).

Honoring the 242nd Birthday of the Marine Corps and Veterans Day by Opposing the “Domestic Enemies” to the Rule of Law, the U.S./Virginia Constitutions and Statutes.

President Donald J. Trump The White Houses

 

Dear President Trump,

            This Veterans Day, as a support of your efforts to change the direction and size of federal government, I look upon my Dad’s World War I Marine Corps photo (attach)Dad's WWI I Photo (2).png, to reflect and recall that based upon his talks to me of his love for our country and our flag, I took the oath in 1964 more than 53 years ago to defend the “constitution, against all enemies, foreign and domestic,” when I volunteered for the U.S. Marine Corps Reserve and the Regular U.S. Air Force.

            Subsequently, based on my Dad’s teaching to me of honor and a moral code, during the past 42 years, I have conducted my professional life as an attorney in both government and the private sector positions consistent with that oath to protect our country.

However, much to my surprise and sadness I uncovered in my litigation practice to enforce constitutional rights, restrictions, limitations, and prohibitions, evidence of collusion of the U.S. Department of Justice with the Judicial Branch to usurp power by promulgating unlawful court rules and procedures by misusing the delegated authority from the U.S. Congress under the Rules Enabling Act (20 U.S.C. Sec. 2071), and the Judicial Conference of the United States (28 U.S.C. Sec. 331) (See http://www.liamsdad.org/others/isidoro.shtml).  These “domestic enemies” to our constitutional system, have:

  1.  Have undertaken and ongoing effort to centralize power in Washington D.C. by disregarding the U.S. Constitution’s limitation by the sharing of authority between the Federal and State governments. They have sought to destroy the unique sharing of power grid work between the local and central government which is based upon the 13 original colonies shifting certain limited power to the Federal government, i.e. “Federalism.”
  2. Because “Federalism” conflicts with and does not permit the “socialist” agenda seeking to centralize power into Washington D.C., there has been an erosion of the rule of law. This is the bases of the hostility to you and your Administration’s efforts to seek compliance with the restrictions, limitations, and prohibitions under both Federal and State Constitutions.
  1. To violate the rule of law the U.S. Department of Justice and the courts have colluded to systematically deny access to an impartial court and uniformly denied citizens of their fundamental and constitutional right to a civil trial by jury to secure accountability and damages.  To this end, the courts have issued void ab initio orders declaring “impunity” and absolute immunity to government attorneys, employees, and judges’ unlawful acts and malfeasance (See http://www.isidororodriguez.com).

In closing, I like most Veteran still abide by the oath we took and pledge allegiance and love both our Nation and the Flag.  Having lived and resided since 1965 in various parts of the USA, Asia, Europe, and South America, I know our Nation is the best.  Therefore, you and your Administration is appreciated.   Simper Fi!!

Your servant,

Respectfully,

Isidoro Rodriguez

cc:        Gen. John Kelly (Ret.),   White House Chief of Staff

ELECTION ISSUE FOR 2017/2018 ELECTIONS: United Nations Complaint Against Washington D.C./Virginia Oligarchy of Government Attorneys/Employees Acts Outside Scope of Employment and Judges’ Void Ab Initio Orders Declaring “Impunity” and Absolute Immunity from Accountability for Violations of U.S./VA Constitutions/Codes.

November 6, 2017

The Hon. Senator Mark Warner

475 Russell Senate Office Building

Washington, D.C. 20510

 

The Hon. Senator Timothy Kaine

31 Russell Senate Office Building

Washington, D.C. 20510

 

The Hon. Rep. Gerald Connolly

2238 Rayburn House Office Building

Washington, DC 20515

 

Greetings,

I follow my earlier letters, and petitions filed between 2009 to 2017 with each of you (See https://t.co/sLv7pz3zD5), to advise you that I recently filed a United Nations Complaint (see http://www.isidororodriguez.com; see also my petition filed in May 2016 with the Organization of American States, P-926-16),[1] due to your failure to take action in violation of your oath of office as my elected representative.

In summary, I repeatedly petitioned for an investigation to stop the Supreme Court of Virginia issuing court rules usurping the exclusive power of the Virginia General Assembly by assuming away and defying the restrictions, limitations, and prohibitions of Article VI, §§ 1, 5, and 7 of the Constitution of the Commonwealth of Virginia, VA Code §§ 54.1‑3909, 3915, and 3935, the 5th, 7th, and 14th Amendments to the United States Constitution, and the Void Ab Initio Order Doctrine, to deprive me of my right to due process and equal protection of the laws by systematically me denying access to an impartial court and trial by jury to secure accountability and damages for the business conspiracy to injure my business, reputation, profession, statutory property rights, right to employment and fundamental rights as a U.S. citizen in violation of  Va. Code § 18.2-499, 500.  However, in response to my litigation, the courts[2] disregarded the evidence and law to use legal sophistry to misuse the judicially created doctrine of stare decisis and res judicata in violation of the void ab initio orders to conceal and obfuscate the abuse of delegated rulemaking authority from both Congress and the General Assembly to assume away the restrictions. limitations and prohibitions of both Federal and State Constitutions.

Two questions yet to be answered are:

First, under what authority did the Supreme Court of Virginia promulgate court rules creating a centralized attorney discipline system under the Court’s control, create the Virginia State Bar Disciplinary Board (VSBDB) as a “kangaroo court,” appointing VSBDB members as “judges,” and deny access to an independent court, so to deprive citizens of advocates able and willing to hold government accountable for malfeasance?

Second, under what judicial authority and jurisdiction did the Federal Courts have to enjoin and grant “impunity” for the unlawful acts in violation of the U.S./VA Const. and VA Code?

The answers to these questions confirm the willful violations of the restrictions, limitations, and prohibitions under the 5th, 7th, and 14th Amend. to the U.S. Constitution, Art. VI of the Virginia Constitution, VA Code, and the Void Ab Initio Orders Doctrine, to permit the use of illegal court rules to deprive citizens access to an impartial court, trial by jury, and independent advocates willing to hold government employees accountable.

Because of NOVA General Assembly members failure, I am petitioning other authorities to seek an investigation to stop unlawful acts violating the restrictions, limitations, and prohibitions of the U.S. and Virginia Constitutions by void ab initio orders granting “impunity” and absolute immunity to Washington D.C. Federal/Virginia Government attorneys, employees, and judges.  My challenge to all of you your inaction permitting the unlawful acts and the grant of “impunity” is based upon President Theodore Roosevelt observation that “[n]o man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.

Respectfully,

Isidoro Rodriguez

cc:       Ms. Ronna Romney McDaniel

                [1]  I will send upon request PDF files of the UN Complaint, Memorandum of Law, List of Void Ab Initio Orders and Exhibits, including the Void Ab Initio Order of the Hon. Dist. Judge John a. Gibney, Jur. E.D. VA, granting “impunity” and absolute immunity for unlawful violation of the U.S./Virginia Constitutions.

                [2] UN Complaint states, ”Name of public authorities responsible for the alleged violation(s): (a) the United States of America; (b) the Hon. Justice of the Supreme Court of the United States; (c) the Hon. Judges of the United States Court of Appeals for the Second, Third, Fourth, Eleventh, District of Columbia, and Federal Circuits; (d) the Hon. Judges of the United States Tax Court; (e) United States District Court for the Eastern District of Virginia; (f) United States District Court for the District of Columbia; (g) Office of the United States Attorney General, United States Department of Justice; (h) Office of the United States Assistant Attorney General for the Eastern District of Virginia; (i) Office of the United States Assistant Attorney General for the District of Columbia; (j) Tax Division of the United States Department of Justice; (k) the Office of Commissioner, United States Internal Revenue Service; (l) the Hon. Justice of the Supreme Court of the Commonwealth of Virginia; (m) Fairfax County Court of Appels and Circuit Court of the Commonwealth of Virginia; (n) the attorneys in the Office of Attorney General of the Commonwealth of Virginia; (o) officers of the Virginia State Bar Association; (p) attorney members of the Virginia State Bar Disciplinary Board; (q) officers of the Bar Association for the District of Columbia; (r) employees of the Virginia Employment Commission; and, (s) certain agents of the Federal Bureau of Investigation.”

Article IV of the Constitution of Virginia Restrictions, Limitations and Prohibitions on the Jurisdiction and Judicial Authority of the Supreme Court of Virginia

PRELIMINARY STATEMENT

The benchmark of my challenge to the grant of “impunity” and absolute immunity to the Washington D.C./Virginia oligarchy of government attorneys, employees, and judges is President Theodore Roosevelt’s observation that, “[n]o man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.”

In that context,  given the clear restrictions, prohibitions, and limitations of the VA Const. cited below on the Supreme Court of Virginia:

First, query, under judicial authority did the Supreme Court of Virginia have to promulgate court rules to create a centralized attorney discipline system under the Court’s control, create the Virginia State Bar Disciplinary Board (“VSBDB”)  as a “court, and appoint VSBDB members as “judges?”

Second, query, under what judicial authority and jurisdiction did the Federal Courts have to enjoin and grant “impunity” for unlawful acts of systematically deny access to an impartial court and trial by jury for violation of the below provisions of the VA Const.?

VIRGINIA CONSTITUTIONAL PROVISIONS INVOLVED

 Constitution of Virginia Article VI, § 1. Judicial power; jurisdiction. — The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish. (Emphasis added)

 Constitution of Virginia Article VI, § 5. Rules of practice and procedure. The Supreme Court shall have the authority to make rules…, but such rules shall not be in conflict with the general law as the same shall, from time to time, be established by the General Assembly. (Emphasis added)

Constitution of Virginia Article VI, § 7.  Selection . . . of judges.  The justice of the Supreme Court of shall be chosen by a vote of the . . . General Assembly. . ..  The judge of all other courts of record shall be chosen by the . . . General Assembly . . .. (Emphasis added)

 VIRGINIA CODE SECTIONS INVOLVED

 VA Code § 54.1‑3909. The Supreme Court may promulgate rules and regulations: . . . Prescribing procedures for disciplining, suspending, and attorneys.

The Supreme Court may promulgate rules and regulations:

Defining the practice of law.

Prescribing procedures for the limited practice of law by third-year law students.

Prescribing a code of ethics governing the professional conduct of attorneys including the practice of law or patent law through professional law corporations, limited liability companies, and partnerships, and a code of judicial ethics.

Prescribing procedures for disciplining, suspending, and disbarring attorneys.

 VA Code § 54.1‑3915. Restrictions as to rules and regulations. ‑‑‑Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. In no case, shall an attorney who demands to be tried by a court of competent jurisdiction for the violation of any rule or regulation adopted under this article be tried in any other manner. (Emphasis added)

DISCUSSION

The VA Const. and U.S. Const. confirmed that all government power was derived from the consent of the govern—”We the People,” and mandate the separation of power to serve as “distribution grids, apportioning authority…,” to protect the rights of citizens. [1]  D. Arthur Kelsey, The Architecture of Judicial Power: Appellate review & Stare Decisis, Virginia State Bar, Virginia Lawyer October 2004, 13.

In that context, echoing James Madison writing in Federalist No. 47, Thomas Jefferson wrote that the violation of the limitation and prohibitions defining the separation of power would create a “despotic government.”  Notes on the State of Virginia 196 (1787).[2]  Consequently, both Founding Fathers understood that the clear lessons from history show that,

Once certain checks and balances are destroyed, and once certain institutions have been intimidated, the pressure that can turn an open society into a closed one-turn into direct assaults; at that point events tend to occur very rapidly, and a point comes at which there is no easy turning back to the way it used to be.  Naomi Wolf, The End of America: Letter of Warning to a Young Patriot, p. 14, Chelsea Green Publishing, Vermont, 2007.

Regarding the need for constitutional checks on the Judicial Branch, Patrick Henry wrote,

“Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.”

It is safe to argue that these constitutional draftsmen openly advocated a deep distrust of the motive of individuals in government generally, and the Judicial Branch specifically.  The key to protection of the rights of citizens was “federalism” and the separation of power between and among entities in government thereby fractures power in innumerable ways to assure independent review of any violation of the law.  To this end, VA Code §§ 18.2‑481 and 482, confirmed no judicial immunity for acts outside of authority or jurisdiction by making it a Class 2 felony for, “[r]esisting the execution of the laws under color of authority.”

  1. VA General Assembly Established a Decentralized Attorney Disciplinary System

VA Const. VI §§ 1,[3] and 7 [4] diffused the power of the Virginia Judicial Branch by restricting the authority to create courts and appoint judges exclusively to the Virginia General Assembly, thereby limiting the risk of creating dangerous nodes of power within the Judicial Branch inconsistent with the VA Const. and VA Code.  To this end, VA Const. VI § 5,[5] and VA Code § 54-1-3915[6] strictly and clearly prohibited the Supreme Court of Virginia jurisdiction and authority to promulgate court rules in conflict with both substantive rights and statutory rights (in short, the courts cannot enact legislation).[7]

Therefore, the Supreme Court of Virginia, held that the power to either suspend or revoke an attorney’s license in all of Virginia, must be “conferred by statute,” Legal Club of Lynchburg v. A.H. Light, 13249, 430, 119 S.E. 55 (1923), citing Fisher’s Case, 6 Leigh (33 Va.) 619 (1835).[8]  Thus, the General Assembly enacted the Acts of Assembly 1932. p. 139, to establish a decentralized attorney disciplinary system-specifically, not under the control of the Supreme Court of Virginia.  But, rather the General Assembly gave to each county court of appeals the jurisdiction to discipline attorneys and gave statewide effect to the disciplining of an attorney before that particular court.[9]

Pursuant to VA Const. VI § 5, the General Assembly’s decentralized attorney disciplinary system, the Supreme Court of Virginia was gives authority only to promulgate rules establishing an integrated Virginia State Bar (VSB), specifically enacting VA Code § 54-1-3915 to prohibit the Court from the promulgation of court rules in conflict with both substantive rights and statutory rights of an attorney (in short, the courts cannot enact legislation). To this end the VSB was given only the limited powers of investigating complaints against attorneys, to be exercised by a Council and Investigating Committee in each county. The function of the VSB Investigating Committee was comparable to that of a grand jury, as a fact-finding board.  It had no power to suspend, reprimand, or disbar an attorney.  Only after the issuance of a rule against an attorney, filed with the county clerk’s office of the county court having jurisdiction, was,

the court issuing the same shall certify the fact of such issuance and the time and place of the hearing thereon, to the chief justice of the Supreme Court of Appeals, who shall designate two judges, other than the judge of the court issuing the rule, of circuit courts or courts of record of cities of the first class to hear and decide the case in conjunction with the judge issuing the rule . . .. (Emphasis added)

In Campbell v. Third District Committee of Virginia State Bar, 179 Va. 244, 18 S.B.2d 883 (1942), the constitutionality of the decentralized attorney disciplinary system was upheld, by holding that the General Assembly merely intended to give the county courts the general jurisdiction to hear and determine disbarment proceedings and did not intend to delegate to the tribunal any legislative powers.   However, pursuant to the clear wording of VA Code §54.1-3935, the General Assembly specifically denied any power to the Supreme Court of Virginia to discipline attorneys statewide, by mandating that any Supreme Court of Virginia disciplinary action was to be referred to a specifically selected three-judge panel from the City of Richmond.  Appeal from the judgment of the three-judge county court was a matter of right to the Supreme Court of Virginia.  Also, the attorney who had been disbarred had the right to apply to the Governor for reinstatement, if at the time of application for such relief, “there is no other adequate remedy for obtaining it at law.” See VA Code of 1950, 12-45.

Subsequently, VA. Code § 54.1‑3935, was enacted by the General Assembly to re-confirm the decentralized attorney disciplinary system’s use of the jurisdiction of each County Court of Appeals, and circuit courts to discipline an attorney.  VA Code §54.1-3935(B), again re-confirmed that Supreme Court of Virginia has no power to discipline attorneys statewide, by requiring it to use a three-judge panel formed in the City of Richmond–The statute specifically denied the Supreme Court of Virginia the power to discipline an attorney directly.  Under VA. Code § 54.1‑3915, limited the delegated authority to the Supreme Court of Virginia under VA. Code § 54.1‑3909, by prohibiting the Court from prescribing, adopting, promulgating, and amending rules and regulations of unprofessional conduct, that would be inconsistent with rights under either VA Const. and/or VA Code.[10] Thus, it is incontrovertible that the General Assembly repeatedly rejected creating any centralized attorney disciplinary system under the direct control of the Supreme Court of Virginia.

2.Constitutional Limitations and Prohibitions on the Supreme Court of Virginia

VA Const. VI §§ 1, and 7 diffused the power of the Judicial Branch in Virginia to limit the risk of creating dangerous nodes of power within it.   VA Const. VI § 5, and VA Code § 54-1-3915. Specifically, prohibits the Supreme Court of Virginia from the promulgation of court rules in conflict with both substantive and statutory rights of attorneys.[11]

To enforce this control on the Supreme Court of Virginia both the U.S. Const. and VA Const., confirm that there exists no “impunity” or immunity of the absolute right of citizens to access to an impartial court and civil jury trial for malfeasance.[12] See Ames E. Pfander, Federal Courts, Jurisdiction-Stripping and the Supreme Court’s Power to Supervise Inferior Tribunals, 78 Tex. L. Rev. 1433 (2000).

3.Malfeasance of the Supreme Court of Virginia by affirming the VSBDB the Void Ab Initio Order disbarring Mr. Rodriguez.

 The United States Supreme Court in Pennoyer v. Neff, 95 US 714, 733 (1877), established the benchmark as to the challenge to any void ab initio order.  There the court stated,

“Since the adoption of the Fourteenth Amendment to the Federal Constitution, the validity of such judgments may be directly questioned, and their enforcement in the State resisted, on the ground that proceedings in a court of justice to determine the personal rights and obligations of parties over whom that court has no jurisdiction do not constitute due process of law. . .. To give such proceedings any validity, there must be a tribunal competent by its constitution‑‑that is, by the law of its creation‑‑to pass upon the subject-matter of the suit.” (Emphasis added).

Consistent with this the Supreme Court of Virginia, held that “[a] void judgment is one that has been . . . entered by a court that did not have jurisdiction over the subject matter.” Rook v. Rook, 233 Va. 92, 353 S.E.2d 756, 758 (1987) (Emphasis added), see also Collins v. Shepherd, 274 Va. 390, 402 (2007); Singh v. Mooney, 261 Va. 48, 51‑52(2001); Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925).

This is because all void ab initio orders or judgments issued without jurisdictional authority are invalid at the moment of issuance, are to be entirely disregarded, or declared inoperative by any tribunal in which their effect is sought to be given.

This Void Ab Initio Order Doctrine mandates that when an entity does not have the statutory, constitutional authority, legal power, or jurisdiction to render any order, said order is void ab initio it is a complete nullity from its issuance and may be impeached directly or collaterally by all persons, at any time, or in any manner. All void ab initio order may be attacked in any court at any time, “directly or collaterally.”  All void ab initio orders have none of the consequences of a valid adjudication, thus, neither can the doctrine of stare decisis nor res judicata can be applied to give validity to a void order, not subject to becoming valid by the use of either stare decisis or res judicata.  Because “[i]t has no legal or binding force or efficacy for any purpose or at any place. … It is not entitled to enforcement … All proceedings founded on the void judgment are themselves regarded as invalid. 30A Am Jur. Judgments.” 44 and 45.

Thus, Mr. Rodriguez has provided evidence of the ongoing repeated violations of fundamental rights by the Federal Court by their use of the VSBDB void ab initio order, as well as the denial to him of his fundamental right to challenge the various federal court disbarments based upon their use of stare decisis and res judicata to give effect to and not enjoin the VSBDB void ab initio order.

In short, the validity of the VSBDB void ab initio disbarment order, as well as those of the Federal Courts (Exhibit 1, 2, 3, and 4a thru m), are unlawful because of their failure to give the constitutionally required due process notice and an opportunity to be heard by an impartial court of with subject matter jurisdiction. Earle v. McVeigh, 91 US 503, 23 L Ed 398.  See also, Restatements, Judgments 4(b). The limitations inherent in the requirements of due process and equal protection of the law extends to the judicial branch, so that a judgment may not be rendered in violation of those constitutional limitations and guarantees. Hanson v Denckla, 357 US 235, 2 L Ed 2d 1283, 78 S Ct 1228.

Because, the Virginia Supreme Court, “cannot act beyond the power delegated to them.  If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void [ab initio], and this even prior to reversal.”  Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 353 (1920).

Finally, it is a fundamental doctrine of law under the U.S. Const. VA Const., and the United Nations Declaration of Human Rights, that because Mr. Rodriguez is affected by a personal judgment of the VSBDB and Federal Court’s void ab initio orders, he must have his day in an impartial court, and an opportunity to be heard by a civil jury trial, on the evidence of the business conspiracy and malfeasance. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194. Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398.

4. Court Orders issued in Violation of the Void Ab Initio Order Doctrine

The Federal Courts have issued void ab initio orders by use of VSBDB void order sitting as a “kangaroo court” illegally created by court rules of the Supreme Court of Virginia in violation of Article VI of the VA Const., thus, all of the courts had a duty to, “vacate any judgment entered in excess of its jurisdiction.” Lubben v. Selective Service System Local Bd. No. 27, 453 F.2d 645 (1st Cir. 1972); see also Jordon v. Gilligan, 500 F.2d 701, 710 (6th Cir. 1974).  The affirmance of the VSBDB void ab initio order, based on stare decisis and res judicata not only fails to create any binding decision but equally important is prima facie evidence of the ongoing extent and nature of the business conspiracy. Kalb v. Feuerstein (1940) 308 US 433, 60 S Ct 343, 84 L ed. 370.

The orders issued the Hon. Judge Gibney (Exhibit 2a), denied Mr. Rodriguez of his right to a jury trial of the business conspiracy and malfeasance in violation of the U.S. Const., VA Const., and Void Ab Initio Order Doctrine. All of these void ab initio orders exceeded the court’s jurisdiction and can be attacked in any proceeding in any court where the validity of the judgment comes into issue. (See Rose v. Himely (1808) 4 Cranch 241, 2 L ed. 608; Pennoyer v. Neff (1877) 95 US 714, 24 L ed. 565; Thompson v. Whitman (1873) 18 Wall 457, 21 l ED 897; Windsor v. McVeigh (1876) 93 US 274, 23 L ed. 914; McDonald v. Mabee (1917) 243 US 90, 37 S.Ct. 343, 61 L ed. 608.  This is because, “[i]f a court grants relief, which under the circumstances it hasn’t any authority to grant, its judgment is to that extent void.” (1 Freeman on Judgments, 120-c.). [13]

CONCLUSION

            In summary, the evidence confirms that by cronyism, obfuscation and legal sophistry there has been a cover-up to conceal the disobedience to the 1st, 5th, 7th, and 14th Amendments to the U.S. Const., the limitations and prohibitions on the courts under Article VI §§ 1, 5, and 7 of the Constitution of the VA Const., the restricts under VA Code §§ 54.1‑3909, 3915, 3932, and 3935, the violation of the Void Ab Initio Order Doctrine, Article 2(1) of the Charter of the Organization of American States, Article V, XIV, XVII, XVIII, XXIII, XXIV, & XXVI of the American Declaration on the Rights and Duties of Man, and Articles 7, 8, 10, & 12 of the United Nations Declaration of Human Rights, by the Washington D.C./Virginia Oligarchy of government attorneys, employees, and judges.

In furtherance of this business conspiracy to injure Mr. Rodriuez international pro hoc vice law practice, reputation, profession, right to property and employment, the Hon. Judge Gibney issue an order surreally granting “impunity” and absolute immunity from accountability for unlawful civil and criminal acts in violation of VA Code §§ 18.2-499, 500 by affirming and using the VSBDB void ab initio order (Exhibit #3) (http://www.vsb.org/docs/Final_Order_Rodr_11-28-06.pdf), to conceal the promulgation and use of illegal Supreme Court of Virginia Court Rules establishing the VSBDB as a “kangaroo court,” and appointing VSBDB members as “judges” in violation of the VA. Const. and VA Code.

But, while every breach of the public trust is a matter of concern, few can be more grievous than those committed by our judiciary.  If the Government and courts in the United States are allowed to be lawbreakers, “it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy,” Olmstead v. the United States, 277 U.S. 438, 451 (1928).[14]  Thus, the Commission must act pursuant to Articles 7, 8, 10, and 17 of the United Nations Declaration of Human Rights, to assure that Mr. Rodriguez be permitted to secure access to a trial by jury so to have accountability and damages for injury to his business, reputation, profession, right to employment, property rights, and statutory benefits.

A government attorney, employee, and judge are all bound by honor and their oath to uphold and defend their respective Constitutions and citizens.  The basic tenet is that government is not to be used for personal enrichment and the extending of benefits to the corrupt.  Government and the Judicial Branch are to work to ensure that public officials are using their office to further the public interest and not to enrich themselves or others.  A United States Court is a public institution, and it has a duty to promote respect for the law.

If the vaunted rule of law can be disregarded by the tyranny of irritated ministers and judges which is evidenced by the acts against Mr. Rodriguez’s fundamental rights, then the United States is being permitted to have a policy and practice of “impunity” by denying accountability for the unlawfully disbarring Mr. Rodriguez by the courts and then the courts declaring them absolutely immune from suit for malfeasance.  Neither the United States nor all the other members of the United Nations can long survive the unbridled tyranny of a judiciary in collusion with government attorneys, employees, and judges when they place themselves above and beyond the law.[15]

Respectfully submitted,

Isidoro Rodríguez

                [1] Federalist No. 47 p 109, states that, “[the VA Const.], declares, . . . ‘that the legislative, executive, and judicial departments shall be separate and distinct; so that neither exercise powers properly belonging to the other. . ..”

                [2] More than 229 years ago Mr. James Madison in Federalist No. 48, Feb. 1, 1788, first addressed the concern 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.” Thus, forecasting unlawful acts outside the scope of employment, jurisdiction and judicial authority the Washington D.C./Virginia Oligarchy by disregarding the limitation and prohibitions of the U.S. Const., VA Const., VA Code, and U.S. Const., and the Void Ab Initio Order Doctrine.

[3] Article VI, § 1. Judicial power; jurisdiction. — The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish. (Emphasis added)

[4] Article VI, § 7. Selection and qualification of judges–The justices of the Supreme Court shall be chosen by the vote of a majority of the members elected to each house of the General Assembly . . .. The judges of all other courts of record shall be chosen by . . .  members elected to each house of the General Assembly. . .. (Emphasis added)

[5] Article VI, § 5. Rules of practice and procedure. — The Supreme Court shall have the authority to make rules governing the course of appeals and the practice and procedures to be used in the courts of the Commonwealth, but such rules shall not be in conflict with the general law as the same shall, from time to time, be established by the General Assembly….

[6] VA Code § 54.1‑3915. Restrictions as to rules and regulations.  Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. . .. (Emphasis added)

[7] As stated by another Virginia attorney. Chief Justice Marshall, “[We judge] have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the Constitution. Cohens v. Virginia, 6 Wheat, 264, 404 (1816) (Emphasis added).

[8]The Court held that although in a proper case a court does have inherent power to suspend or annul the license of an attorney practicing only in that particular court, for a court to have, “[t]he powers to go further and make suspension or revocation of license effective in all other court of the Commonwealth [this] must be conferred by statute.” (Emphases added).

[9] See When Has the Supreme Court of Appeals Original Jurisdiction of Disbarment Proceedings? R.H.C. Virginia Law Review, Vol. 10, No. 3 (Jan. 1924), pp. 246‑248; see also David Oscar Williams, Jr., The Disciplining of Attorneys in Virginia 2 Wm. & Mary Rev. Va. L. 3 (1954) http://scholarship.law.wm.edu/wmrval/vol2/iss1/2.

                [10] Federalist 47, p. 109, states that, “[the VA Const.], declares, . . . ‘that the legislative, executive, and judicial departments shall be separate and distinct; so that neither exercise powers properly belonging to the other. . ..”

                [11] As Virginia Circuit Judge the Hon. D. Arthur Kelsey, wrote, “The Constitution does not authorize the judiciary to write laws that the legislature failed to enact, or to repeal those that violate no recognizable constitutional principle, or to amend laws that are reasonably adequate but nonetheless can be improved upon. As Thomas Jefferson put it, a judiciary that pushes beyond these limits would place us all under the “despotism of an oligarchy” —one flatly at odds with the democratic principles of our republic.” VSB Journal, Hon. D. Arthur Kelsey, Law & Politics: The Imperative of Judicial Self‑Restraint, (2004). at p.5.

                [12] VA Code §§ 18.2‑481 and 482, confirm that there is no judicial immunity for acts outside of authority or jurisdiction by making it a Class 2 felony for, “[r]esisting the execution of the laws under color of authority.”

[13] “A judgment which is void . . . is a dead limb upon the judicial tree, which should be lopped off, if the power to do so exists.” People v. Greene, 71 Cal. 100 [16 Pac. 197, 5 Am. St. Rep. 448].

                [14] The United States Supreme Court has observed in, United States v. Miss. Valley Generating Co., 364 U.S. 520, 562 (1961): “[A] democracy is effective only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption.”

                [15] The famed 19th-century orator Daniel Webster rightly noted, “[t]here can be no office in which the sense of responsibility is more necessary than in that of a judge; especially of those judges who pass, in the last resort, on the lives, liberty, and property of every man.  The judiciary power, on the other hand, acts directly on individuals.  The injured may suffer without sympathy or the hope of redress.  The last hope of the innocent, under accusation and in distress, is in the integrity of his judges.  If this fail, all fails, and there is no remedy on this side the bar of Heaven.” Daniel Webster, The Writings and Speeches of Daniel Webster, (Boston: Little, Brown, & Co., 1851), Vol. III, pp. 6‑7.

DEPRIVED OF FUNDAMENTAL RIGHT OF ACCESS TO AN IMPARTIAL COURT AND TRIAL BY JURY OF THE EVIDENCE OF UNLAWFUL ACTS OF MALFEASANCE AND BUSINESS CONSPIRACY.

Under common law, Article I, Bill of Rights, Section 11 of the VA Const.,[1] and the 7th Amendment to the U.S. Const., it is a fundamental right to a jury trial-not to a judge-which determined whether government officers, including judges, were to be held accountable in either civil or criminal jury trials for misbehavior.

Both the U.S. Const. and VA Const. confirmed an absolute right to civil jury trial of the evidence of malfeasance.[2] See Ames E. Pfander, Federal Courts, Jurisdiction-Stripping and the Supreme Court’s Power to Supervise Inferior Tribunals, 78 Tex. L. Rev. 1433 (2000).[3]

Thus, there never was absolute judicial and ministerial immunity for acts outside of the scope of employment, jurisdiction, and judicial authority, but more importantly, the factual issues were to be decided by a jury hearing the evidence, see Martinez v. Lamagno and DEA, 515 U.S. 417 (1995).  Therefore, an action will lie for unlawful malfeasance and the business conspiracy to issue and enforce the void ab initio orders issued as part of an illegal enterprise.

                [1] Article I, Bill of Rights, Section 11. Due process of law; obligation of contracts; taking or damaging of private property; prohibited discrimination; jury trial in civil cases.

That no person shall be deprived of his . . .property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; . . ..

That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. . ..

[2] As Thomas Jefferson wrote in a letter to Thomas Paine in 1789: “I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution.” (Emphasis added)

                [3] See Justice John F. Molloy, The Fraternity: Lawyers and Judges in Collusion, Paragon House (2004).  “When a lawyer puts on a robe and takes the bench, he or she is called a judge. But in reality, when judges look down from the bench they are lawyers looking upon fellow members of their fraternity. In any other area of the free-enterprise system, this would be seen as a conflict of interest.  When a lawyer takes an oath as a judge, it merely enhances the ruling class of lawyers and judges. . .. How can they be expected not to be beholden to those who elevated them to the bench?  When they leave the bench, many return to large and successful law firms that leverage their names and relationships.”

THE UNLAWFUL GRANT OF “IMPUNITY” AND ABSOLUTE IMMUNITY FOR ACTS OUTSIDE OF THE SCOPE OF EMPLOYMENT OF GOVERNMENT ATTORNEYS AND EMPLOYEES, AND FOR VOID AB INITIO ORDERS ISSUED OUTSIDE JURISDICTION AND JUDICIAL AUTHORITY OF FEDERAL/VIRGINIA JUDIICAL BRANCH.

The orders of the Hon. U.S. Dist. Judge John A. Gibney, Jr. (USDCT E.D. VA), Hon Justice of the United States Court of Appeals for the Fourth Circuit, and the Hon. John G. Roberts Chief Justice of the U.S. Supreme Court/Circuit Judge of the USCT Appeals for the 4th and District of Columbian Circuit (Exhibits 2a, 2aii, 2aiii and 2aiv), and the legal analysis of the Attorney General of Virginia (Exhibits 2av and 2avi) oddly and arrogantly used legal sophistry to misuse stare decisis and res judicata  in violation of the void ab initio order doctrine[1]so to unlawfully grant “impunity” and absolute immunity to all government actors, as well as to Jack Harbeston, for their unlawful business conspiracy and acts outside their scope of employment, jurisdiction, and judicial authority in violation of the limitation and prohibitions under Article VI of the VA Const., as well as the restrictions in VA. Code § 54.1‑3915.

“Restrictions as to rules and regulations. ‑‑‑Notwithstanding the foregoing provisions of this article [delegating limited rulemaking authority], the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. . ..”

Thus, this surreal grant of “impunity” and absolute immunity by unpublished “Star Chamber” like opinions by misuse of stare decisis and res judicata are violations of the Void Ab Initio Order Doctrine to systematically deny Mr. Rodriguez of his fundamental right to an impartial court and right to a civil jury trial to secure accountability and damages for acts outside the scope of employment, jurisdiction, and judicial authority. [2]  This is because dating back to The Case of the Marshalsea, 77 Eng. Rep. 1027 (K.B. 1613), under common law there is no absolute judicial and ministerial immunity for acts outside of jurisdiction, and an action for damages will lie for the conspiracy to issue and enforce a void order as part of an illegal enterprise.[3]

It is a fundamental doctrine of equal protection of the laws and due process, incorporated into the common law that Mr. Rodriguez as a party affected by various void ab initio orders and personal judgment must have his day in court, and an opportunity to be heard, before an impartial court with jurisdiction to hear the matter. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194.  This is because every person is entitled to an opportunity to be heard before an impartial court of law upon every question involving his rights or interests before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398.

This is also mandated by Article 10 of the United Nations Bill of Rights, wherein it is written that “[e]veryone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations . . ..”[4]   It is for this reason that judges were never given either “impunity” or absolute immunity for unlawful acts, particularly for acts outside their jurisdiction and judicial authority.[5]

In response to the legal sophistry and poor legal analysis of both the Hon. Judge Gibney and the Attorney General of Virginia (Exhibit 2a, 2av, and 2vi), research confirms that in both England and the colonies, it was in ordinary courts-before a jury trial-which determined whether government officers, including judges, with good behavior tenure, were to be held accountable in either civil or criminal trials for misbehavior.  Prakash and Smith, How to Remove a Federal Judge, 116 Yale L. J. 72 at 74 (2006).

Also, it was Blackstone who first discussed various English statutes that provided for the making accountable and removal of judges for misbehavior and acts outside of the jurisdiction.  4 William Blackstone, Commentaries 140 at 141.  These were not a statutory exception to grants of good-behavior tenure, but consistent with the concept that a judge could be tried in court for unlawful acts outside of their jurisdiction.  See, e.g. R. V. Gaskin, (1799) 1001 Eng. Rep. 1349 (K.B.) (reinstating a parish-clerk upon his demand that his employer shows cause for firing him); James Bragg’s Case (1616) 77 Eng. Rep. 1271, 1278-81 (K.B.)(reinstating a Burgess for lack of cause to remove him).

Consistent with common law, which the laws of Virginia are grounded the General Assembly enacted the English Rule in Va. Code §8.01-195.3(3), to hold that a judge or government attorney had no immunity from suit for acts outside of his judicial capacity or jurisdiction.  See Robert Craig Waters, “Liability of Judicial Officers under Section 1983” 79 Yale L. J. (December 1969), pp. 326-27 and nn. 29-30).  Thus, the Hon. Judge Gibney and the Attorney General are not only wrong in their misuse of the holding in Stump v. Sparkman, 435 U.S. 349 at 360 (1978), but to their analysis provides additional evidence of their unlawful acts in furtherance of the business conspiracy by granting “impunity” and absolute immunity for acts outside of scope or employment, jurisdiction and judicial authority to injure Mr. Rodriguez.[6]

But not only are the federal government entities of limited and prescribed authority and jurisdiction under the U.S. Constitution but also federal legislation does not nor can it provide for them any judicial immunity for unlawful acts of malfeasance in violation of their jurisdiction and judicial authority.  Pursuant to Rankin v. Howard, 633 F.2d 844 (1980), and, Den Zeller v. Rankin, 101 S. Ct. 2020 (1981), whenever a judge acts where he does not have jurisdiction to affirm and use a void ab initio order, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).

Consequently, the evidence confirms that the Hon. Judge Gibney and the Attorney General of Virginia have unlawfully acted to obstruct justice to conceal the unlawful acts by, “[resisting] the execution of the laws under color of authority,”[7] to conceal and obfuscate the unlawful promulgation of illegal court rules in violation of VA Const., and VA Code.  This was part of the conspiracy to systematically deny access to an impartial federal court and trial by a jury of the evidence of malfeasance and the business conspiracy to deprive Mr. Rodriguez of business, reputation, profession, property, and right to employment.[8]

In Chandler v. Judicial Council, 398 U.S. 74, at 140 (1970), Chief Justice Berge wrote, “If [judges] break a law, they can be prosecuted.” Also, Justice Black and Douglas in their dissenting opinion agreed, that, “. . . judges, like other people, can be tried, convicted, and punished for crimes . . .”  supra. at 141-142.  Also, in Forrester v. White, 484 U.S. 219 (1988), the Court held:

This Court has never undertaken to articulate a precise and general definition of the class of acts entitled to immunity. The decided cases, however, suggest an intelligible distinction between judicial acts and the administrative, legislative, or executive functions that judges may on occasion be assigned by law to perform. Thus, for example, the informal and ex parte nature of a proceeding has not been thought to imply that an act otherwise within a judge’s lawful jurisdiction was deprived of its judicial character. See Stump v. Sparkman, 435 U.S. 349, 363, n. 12 (1978). Similarly, acting to disbar an attorney as a sanction for contempt of court, by invoking a power “possessed by all courts which have authority to admit attorneys to practice,” does not become less judicial by virtue of an allegation of malice or corruption of motive. Bradley v. Fisher, 13 Wall., at 354. [484 U.S. 219, 228]. As the Bradley Court noted: “Against the consequences of [judges’] erroneous or irregular action, from whatever motives proceeding, the law has provided for private parties numerous remedies, and to those remedies, they must, in such cases, resort.”  (Emphasis added) Ibid.

Therefore, the “impunity” and absolute “judicial immunity” given by the Hon. Judge Gibney, was an act outside his jurisdiction and judicial authority because it violated Article IV of the VA Const. And VA Code, and inconsistent/violation of the holding in Stump v. Sparkman, 435 U.S. 349, (1978), which limited absolute judicial immunity for acts with jurisdiction and judicial authority of the court.

Finally, “impunity” and absolute judicial immunity has not even been extended even to State judges acting to promulgate a code of conduct for attorneys. Supreme Court of Virginia v. Consumers Union of United States, Inc., 446 U.S. 719 (1980). In explaining why legislative, rather than judicial, immunity furnished the appropriate standard, The Court wrote: “Although it is clear that under Virginia law the issuance of the Bar Code was a proper function of the Virginia Court, propounding the Code was not an act of adjudication but one of rulemaking.” Id., at 731. Similarly, in the same, the Court held that judges acting to enforce the Bar Code would be treated like prosecutors, and thus would [484 U.S. 219, 229] be amenable to suit for injunctive and declaratory relief. Id., at 734-737. Cf. Pulliam v. Allen, 466 U.S. 522 (1984). Once again, it was the nature of the function performed, not the identity of the actor who performed it, that informed our immunity analysis.  But at no time was there to be “impunity” for an unlawful activity  outside of their jurisdiction, such as for the violation of the Void Ab Initio Order Doctrine, U.S./VA Const., and VA Code.[9]

                [1] More than 214 years ago in Marbury v. Madison, 5 U.S. 1 Cranch 137 137 (1803), Chief Justice John Marshall first defined for U.S. jurisprudence the Void Ab Initio Order Doctrine, writing that, “a law repugnant to the Constitution is void, and courts, as well as other departments, are bound by that instrument.”  See also Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461, a void order is not entitled to respect in any other tribunal.  This is because “[a] void judgment does not create any binding obligation.” Kalb v. Feuerstein, 308 US 433, 60 S Ct 343, 84 L Ed. 370 (1940); and, Ex parte Rowland, 104 U.S. 604, 26 L.Ed. 861 (1882), holding that an illegal order is forever void.

                [2] See Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (Rehnquist dissenting) (Mr. Rodriguez argued and won by before the U.S. Supreme Court the holding that there was a right to an evidentiary hearing before a jury on the alleged acts of government employees outside the scope of employment (https://www.oyez.org/advocates/isidoro_rodriguez).

[3] Sir Edward Coke found that Article 39 of the Magna Carta restricted the power of judges to act outside of their jurisdiction such proceedings would be void, and actionable,

[W]hen a Court has (a) jurisdiction of the cause, and proceeds inverso ordine or erroneously, there the party who sues, or the officer or minister of the Court who executes the precept or process of the Court, no action lies against them. But (b) when the Court has no jurisdiction of the cause, there the whole proceeding is [before a person who is not a judge], and actions will lie against them without any regard of the precept or process . . .  Id. 77 Eng. Rep. at 1038‑41. (Emphasis added)

[4] In investigating and considering the merits of this complaint for the usurping of legislative constitutional authority by the Washington D.C. Oligarchy Federal/Virginia government attorneys, employees, and judge to permit the promulgation of court rules by violation of the limitation and prohibitions under Article VI of the VA Const., as well as the restrictions in VA. Code § 54.1‑3915, the United Nations Commission on Human Rights must recall that Charter was established in part to respond to the sorry behavior of German and other European judges, lawyers, and law schools assuming away the limitations and prohibitions of their respective constitutions that aided to power Hitler and the National Socialist German Workers’ Party (“NAZI”) before World War II.  Because, “[b]y the time the gas vans came and the human slaughter factories were built in Auschwitz and the other death camps, the murder of the six million Jews and other persecuted minorities was done completely within the framework of German law.” Yad Vshem, The Holocaust Martyrs’ and Heroes Remem­brance Authority, 2004.

                [5] “I. COMBATING IMPUNITY: GENERAL OBLIGATIONS, PRINCIPLE 1. GENERAL OBLIGATIONS OF STATES TO TAKE. EFFECTIVE ACTION TO COMBAT IMPUNITY, “Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.”  E/CN.4/2005/102/Add.1, at page 7, Updated Set of principles for the protection and promotion of human rights through action to combat impunity.

                [6] There the U.S. Supreme Court held in an action against a State court judge, that pursuant to common law a state court judge who acts without jurisdiction, or acts in violation of Constitutional, or acts in violation of statutory prohibitions expressly depriving him of jurisdiction or judicial capacity, judicial immunity is lost.  This is because a State judge would be immune from suit only if he did not act outside of his judicial capacity and/or was not performing any act expressly prohibited by statute. See Block, Stump v Sparkman and the History of Judicial Immunity, 4980 Duke L.J. 879 (l980).  This is exactly what the evidence confirms the Supreme Court of Virginia has done.

[7] Misprision of treason to violate the VA Const., is defined pursuant to VA Code §§ 18.2‑481 and 482.

                [8]  See Dr. Richard Cordero, Esq., excellent legal research paper dated April 15, 2016, entitled, Exposing Judges’ Unaccountability and Consequent Riskless Wrongdoing: Pioneering the news and publishing field of judicial unaccountability reporting, http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf.  As Dr. Cordero explains in the introduction of his ground-breaking research paper,

“This study analyses official statistics, reports, and statements of the Federal Judiciary showing that its judges are unaccountable and their operation is pervaded by secrecy; consequently, they recklessly do wrong in self-interest and to people’s detriment, which calls for reform. (Emphasis added)

In the last 225 years since the creation of the Federal Judiciary in 1789, only 8 of its judges have been removed from the bench (footnote omitted). They hold all their adjudicative, policy-making, administrative, and disciplinary meetings behind closed doors and never appear before a press conference (cite omitted). They act with impunity. The evidence reveals their motive, means, and opportunity (cite omitted) to engage in financial and non-financial wrongdoing (footnote omitted) by abusing power to deny due process, disregard the law, and decide by reasonless summary orders (footnote omitted). They have hatched a system of wrongdoing so routine, widespread, and coordinated (cite omitted) among themselves and between them and insiders (footnote omitted, e.g., running a bankruptcy fraud scheme (cite omitted), as to have turned wrongdoing into their Judiciary’s institutionalized modus operandi (cite omitted).” (Emphasis added)

                [9] Administrative decisions, although essential to the very functioning of the courts, have not been regarded as judicial acts. In Ex parte Virginia, 100 U.S. 339 (1880), for example, the U.S. Supreme Court declined to extend immunity to a county judge who had been charged in a criminal indictment with discriminating on the basis of race in selecting trial jurors for the county’s courts. The Court reasoned:

“Whether the act done by him was judicial or not is to be determined by its character, and not by the character of the agent. Whether he was a county judge or not is of no importance. The duty of selecting jurors might as well have been committed to a private person as to one holding the office of a judge. . .. That the jurors are selected for a court makes no difference. So are court-criers, tipstaves, sheriffs, &c. Is their election or their appointment a judicial act?” Id., at 348.  Although this case involved a criminal charge against a judge, the reach of the Court’s analysis was not in any obvious way confined by that circumstance.”

COVER LETTER TO Office of the United Nations High Commissioner for Human Rights Human Rights Council Branch-Complaint Procedure Unit OHCHR- Palais Wilson United Nations Office at Geneva CH-1211 Geneva 10, Switzerland

September 11, 2017

Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, OHCHR- Palais Wilson. United Nations Office at Geneva . CH-1211 Geneva 10, Switzerland

Re:       United Nations Complaint Against The Washington D.C./Virginia Oligarchy of Government Attorneys, Employees, And Judges for Their Use of Legal Sophistry to Self-Proclaim “Impunity” And Absolute Immunity from Accountability for Violation of The Restrictions, Limitation and Prohibitions of The Constitutions and Statues of The United States and Commonwealth of Virginia, the Void Ab Initio Order Doctrine, and Articles 7, 8, 10, & 12 Of the International Bill of Rights, and Relevant Principals.

Greetings:

This Complaint is based upon the evidence (Exhibits 1, 2, 3, 4 a thru 4m), of the grant of “impunity” and absolute immunity for unlawful acts to systematically deny access to an impartial court to prevent the finding of accountability and a civil jury trial to award damages for the defiance of the Washington D.C./Virginia Oligarchy of Government attorneys, employees, [1] and judges of the restrictions, limitations, and prohibitions of Article VI, §§ 1, 5, and 7 of the Constitution of the Commonwealth of Virginia, VA Code §§ 54.1‑3909, 3915, and 3935, the 5th, 7th, and 14th Amendments to the United States Constitution, and the Void Ab Initio Order Doctrine.[2]

The courts have issued void ab initio orders abusing the judicially created doctrine of stare decisis and res judicata,[3] to conceal and obfuscate the promulgation/use of illegal court rules of the Supreme Court of Virginia by systematically denying access to an impartial court of acts of malfeasance and denying a civil trial by jury of the evidence of a business conspiracy to damage the undersign business, reputation, profession, right to property and right to employment in violation of  Va. Code § 18.2-499, 500.[4]  (See attached Memorandum of Law in Support of Mr. Isidoro Rodriguez’s United Nations Complaint And Submission Of Information To The Special Procedures About His Challenge to The Grant Of “Impunity” For the Violations of The Limitation and Prohibitions of The Constitutions and Statutes of The United States and Commonwealth of Virginia, Articles 7, 8, 10, & 12 of the International Bill of Rights, And Relevant Principals.[5]

In closing, an investigation of the merits of this complaint against the Washington D.C. Oligarchy Federal/Virginia government attorneys, employees, and judge is warranted when the United Nations Commission on Human Rights remembers the sorry behavior of the Oligarchy of German judges, lawyers, and law schools use of legal sophistry to disregard the limitation and prohibitions of their constitution that aided to power the National Socialist German Workers’ Party (“NAZI”) and Hitler before World War II.  As succinctly stated by Yad Vshem in The Holocaust Martyrs’ and Heroes Remem­brance Authority, 2004, “[b]y the time the gas vans came and the human slaughter factories were built in Auschwitz and the other death camps, the murder of the six million Jews and other persecuted minorities was done completely within the framework of German law.” (Emphasis added)

Respectfully,

Isidoro Rodriguez

http://www.linkedin.com/in/

                [1] The Hon. Judges John G. Gibney also granted “impunity” to nongovernment bad actors Jack Harbeston and Washington D.C. Lobbyist/Attorney Eric Holder, who in 2003 entered Virginia in 2003 to undertake the business conspiracy. Disregarding this evidence, Hon. Judge Gibney held that “the Court will not decide Harbeston’s jurisdictional claim since the Court dismissed the case.”  However, in the related RICO action Isidoro Rodriguez v Jack Harbeston et al., USDCT WA No. C11-1601 (JCC) (Ex 4j), that court dismissed the action for lack of venue because “the complaint concerns disbarment proceedings in other jurisdictions.  The proper venue to review those decision is those jurisdictions.”

[2] The Void Ab Initio Order Doctrine mandates that when an entity does not have either constitutional authority, or legal power, or jurisdiction to render any order, said order is void ab initio—therefore not subject stare decisis/res judicata as a complete nullity from its issuance and may be impeached directly or collaterally by all persons, at any time, or in any manner. See Collins v. Shepherd, 274 Va. 390, 402 (2007); Singh v. Mooney, 261 Va. 48, 51‑52(2001); Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925); Rook v. Rook, 233 Va. 92, 95(1987).

                [3]  Additional evidence of the above unlawful policy of the use of legal sophistry to grant “impunity” and absolute immunity for the use of unlawful court rules issued in violation of the limitations, prohibitions, and restrictions on the Supreme Court of Virginia under the above cited sections of U.S. Const. VA Const., and VA Code, can obtained from reading the Attorney General of Virginia’ Brief in Support of the Motion to Dismiss, and Motion and Brief in Support of Rule 11 Sanctions of Pre-filing Injunction and Monetary Sanctions (Exhibit 2v and 2vai). See also In re: Isidoro Rodriguez, States Tax Court Disbarment Order, October 16, 2009, Exhibit 1, pages 14, 15, 16, 17, 18, and 19, wherein the USTC surreally interpreted a part of VA Code § 54.1-3909, to assume away any of the restrictions on the delegation of authority so to permit their use of illegal court rules violating VA Const., and VA Code; see also Exhibit 2, page 9; Exhibit 4dii, page 82 of 83, on the odd grant of “impunity” and absolute immunity for acts outside of scope of employment and jurisdiction by unlawful acts.

[4] Va Code § 18.2‑499.  Combination to injure others in their reputation, trade, business or profession: right of employees: (a) Any two or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of wilfully and maliciously injuring another in his reputation, trade, business or profession by any means whatever, . . ., shall be jointly and severally guilty of a Class 3 misdemeanor.  Such punishment shall be in addition to any civil relief recoverable under § 18.2‑500.

            [5] It was alleged in previous RICO actions (Exhibits 2a, 4a, 4j, and 4k) that Eric Holder as Deputy Attorney General of the U.S. Dept. of Justice (“DOJ”) during the Clinton Administration undertook a business conspiracy to damage Mr. Rodriguez’s successful international litigation practice representing nonresident Hispanic U.S. and Colombian citizens against the unlawful policies of DOJ: see Martinez v. Lamagno and DEA, 515 U.S. 417 (1995)(the Hon. Chief Justice/Circuit Justice for the USCA for the Fourth Cir. William Rehnquist dissenting)(there the United States Supreme Court reversed the USCA for the 4th Circuit, to order an evidentiary hearing before a jury of the acts outside the scope of employment, rejecting DOJ’s surreal argument that a DEA agent acted within his scope of employment while negligently causing a car accident while having sex and DWI., See also: Cooperativa Multiactiva de Empeados de Distribuidores de Drogas (Coopservir Ltda.” v. Newcomb, et al., D.C. Cir. No 99-5190, S Ct. No 99-1893 (2000) (challenge to President Clinton’s Executive Order prohibited bill of attainder issued under the War Power Act); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145 (1996) (Mr. Rodriguez argued and won the right to hold accountable DOJ’s Assistant U.S. Attorneys accountable for violations of the Electronic Communications Privacy Act (1978); and, Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997) (Mr. Rodriguez argued and won the right to hold DOJ’s Assistant U.S. Attorneys, employees and financial institution accountable for violation of the Right to Financial Privacy Act).