Tag Archives: separation of power

NOTICE OF FILING OF A COMPLAINT FOR THE RETROACTIVE ADOPTION IN 2017 OF SUP. CT VA UNCONSTITUTIONAL COURT RULES PROMULGATED IN 1998

20 Tuesday Nov 2018

Posted by in Accountability for violation of Separation of Power, Denial of access to impartial court, DEnial of right to civil trial by jury, Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code

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The General Assembly of the Commonwealth of Virginia (“General Assembly”), the Supreme Court of Virginia (“Court”), the Office of the Governor of Virginia (“Governor”), the Attorney General of Virginia (“VA AG”), and the Virginia State Bar Disciplinary Board (“VSBDB”) were sued on November 14 and 19, 2018.  Respectively a Complaint for Declaratory Judgment[1] and Petition for Writ of Mandamus[2] were filed under the Common Law and VA Code for acts outside scope of employment of government attorneys, for acts outside the sphere of legitimate legislative activity, and for acts outside of judicial authority by a Class 2 felony  to “[resist] the execution of the laws under color of authority” in violation of VA Code §§ 18.2‑481 & 482 and business conspiracy, evidenced by the:

  • General Assembly’s collusion outside “the sphere of legitimate legislative activity,” Tenney v. Brandhove, 341 U.S. 367 at 376 (1951) in violation of the prohibition under Art. I § 1, 5 & 9 VA Const. of ex-post facto legislation in 2017 to retroactively “conform the statutory procedure [under VA Code § 54.1‑3935 (2017)] for the disciplining of attorneys”  to the 1998 unconstitutional Supreme Court of Virginia Rule Part 6, § § IV, 13-6;
  • General Assembly’s collusion outside the ‘the sphere of legitimate legislative activity” supra., by violating the citizens’ exclusive power to amend the VA Const. under Art. XII § 1 VA Const. and by violating the citizens’ the mandate of separation of power under Art. VI § 1, 5 & 7 VA Const., to retroactively change the decentralize statewide attorney disciplinary system that was established in 1932 in the Commonwealth under VA Code § 54.1‑3935 (1998), by unlawfully delegating legislative authority given by the citizens of Virginia by adopting in 2017 unconstitutional Court Rule Part 6, § IV, 13-6, issued in “clear absence of all jurisdiction.” Bradley v. Fisher, 13 Wall. 335, 80 U. S. 351. Pp. 435 U. S. 355-357; Johnston v. Moorman, 80 Va. 131, 142 (1885); Stump v. Sparkman, 435 U.S. 349 (1978),[3] thereby obfuscating the Court’s unlawful rules: (a) establishing a centralized statewide attorney disciplinary system under the Court’s control; (b) establishing the VSBDB as a lower court with judicial authority to discipline attorneys; and, (c) appointing VSBDB members as judges; and,
  • the VSBDB, the VA AG and the Court’s from 2003 to the present self-proclaiming  “impunity” from accountability for the unconstitutional violations of Art. VI § 1, 5 & 7 VA Const. (See 2016 Petition to Inter-American Commission on Human Rights (IACHR) (P-926-16 IACHR Petition) (2017 United Nations Complaint to the  Committee on Human Rights, and Memorandum in Support of UN Complaint) (See also presentations to NOVA members of the General Assembly, https://t.co/sLv7pz3zD5 and  https://www.youtube.com/watch?v=VAkEfjcA5sQ,).

Isidoro Rodriguez, 2671 Avenir Place, Apt 2227, Vienna, Virginia 22180

Mobile phone No. 571.477.5350; E-mail: busness@isidororodriguez.com

                [1] See Isidoro Rodriguez v. General Assembly of the Commonwealth of Virginia et al., Fairfax Cir. Ct. CL-2018-0016227, 11/14/198, Complaint for Declaratory Judgement, Plaintiff’s Exhibits A through M, and filed Motions.

                [2] See Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, Fairfax Cir. Ct. CL-2018-0016433, 11/19/198, Petition for Writ of Mandamus.

                [3] In Marbury v. Madison, 1 Crunch 137, 140 (1803), the U.S. Supreme Court held that, “[c]ourts are constituted by authority and they cannot 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 just voidable, but simply void, and this even prior to reversal.” Thus, the Void Ab Initio Order Doctrine mandates that an entity that has neither constitutional authority, nor legal power, nor jurisdiction to render any order, said order is void ab initio as a complete nullity from its issuance and may be impeached directly or collaterally 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).

Revisiting Congress’s Delegation of Power Under the Judicial Conference Act

23 Tuesday Feb 2016

Posted by in Accountability for violation of Separation of Power, Uncategorized

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“There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice …”– U.S. vs. Jannottie, 673 F.2d 578, 614 (3d Cir. 1982). Thus, in the United States citizens have been badly served by the Judicial Conference Act by providing for the violation of the doctrine of separation of power in permitting collusion of the Executive Branch with the Judicial Branch to promulgate unconstitutional court rules. Thus, the Judicial Branch has denied citizens access to an impartial civil trial by jury and court.Abuses of the Judicial Conference Act

No matter who is elected, nothing will change unless citizens compel Congress to make government attorneys and employees, including judges, accountable for malfeasance-which is not addressed under the Federal Tort Claim Act. Based upon my experience as a federal civil litigator since 1982, and White House political appointee in both the Carter and Reagan Administrations,  this ongoing violation of the rights of citizens is the cause and underbelly of discontent with the Washington DC Oligarchy during this 2016 Presidential Election. Judicial Branch’s violation of the Virginia Constitution

Open Letter to Members of General Assembly of Virginia for an Investigation and Impeachment for Malfeasance

05 Friday Feb 2016

Posted by in Accountability for violation of Separation of Power, Uncategorized

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1. Petition VA Gen Ass Jan 4 2016

2. Jan 25 2015 Memorandum in Support of Petition

3. Notice to President of Rep. of Colombia Jan 3 2015 of Att Lien

Dear Delegate and Senator,

Because my petition that I sent to you on January 4, 2016, concern the ongoing violation of the rights of all citizens of Virginia under the VA Const. and VA Code, pursuant to your oath of office you have a responsibility to investigate the allegations of malfeasance and business conspiracy in violations of the VA Const. and VA Code.  To assist you, I attach the above reference memo (see https://t.co/sLv7pz3zD5, and http://home.earthlink.net/~isidoror/).

“Crime is contagious. If the Government becomes a law breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy,” Olmstad v. United States, 277 U.S. 438, 451 (1928).  In this context my allegations of unlawful acts by the Judicial Branch is not new, for as Thomas Jefferson wrote more than 200 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.”

I assert that the acts of malfeasance establish a pattern of practice of the Judicial Branch and government attorneys’ intentional policy to deprive Virginia citizens of independent advocates capable and willing to challenge unlawful government actions and policies.[1]  To this end, they have used unlawful court rules to usurp legislative power to establish a centralized attorney disciplinary system under the control of the Supreme Court of Virginia, and willful disregard and obfuscation of the decentralized attorney disciplinary system established by the General Assembly (http://home.earthlink.net/~malfeasance/.

Seldom has there been such clear and extensive evidence of government attorneys and employees, including judges, conspiring to violate the mandate of separation of power under the limitations and prohibitions of the VA Const.\VA Code (http://home.earthlink.net/~treason/).[2]

To assist you I attach my memo in support of the petition to investigate the willful acts:

(1)   of malfeasance in violation of VA Const. VI §§ 1, 5, & 7, and VA Code § 54-1-3915, limitations and prohibitions by surreptitiously replacing the decentralized attorney disciplinary system created under VA Code § 54-1-3935, with a centralized system under the Supreme Court of Virginia control by issuing court rules to create the Virginia State Bar Disciplinary Board (“VSBDB”) as a “court,” and name its members as “judges;” and,

(2)  of a business conspiracy in violation of VA Const. VI § 5, VA Code § 54-1-3915, VA Code §§ 18.2‑499 and 500, the Void Ab Initio Order Doctrine, to affirm the VSBDB void ab initio order disbarring me for litigating to enforce my statutory rights (http://www.vsb.org/docs/Final_Order_Rodr_11-28-06.pdf): (i) to my choate VA Attorney’s Lien for fees owed me based on contingency or quantum merit for service since 1988 as Legal Representative of Sea Search Armada managing their contract suit to treasure trove recently confirmed by the Pres. of Colombia as located and valued at $18 Billion USD (see attach letter); and, (ii) to enforce my rights as a father under joint custody agreement and Treaty to protect my 13 year-old U.S. citizen son from being forced from Virginia to a “zone of war” (http://www.liamsdad.org/others/isidoro.shtml).[3]

Therefore, in accordance with Art. IV § 17 of the VA Const., the House of Delegates and Senate must investigate and impeach for the acts of malfeasance, business conspiracy, and the systematic denial access to an impartial trial by jury.  Please have your assistant contact me for further information or assistance.

Respectfully,

Isidoro Rodríguez

[1] The motive for the acts of malfeasance and business conspiracy against me by affirming the void ab initio order of the Virginia State Bar Disciplinary Board disbarring me for litigating to enforce my statutory rights as an attorney and father, is not limited to financial interests in conflict with my property rights, but, too are in retaliation for my past successful litigation against unlawful government acts and policies, i.e. Gutierrez de Martinez v. Lamagno and Drug Enforcement Administration, 515 U.S. 417 (1995) (DOJ surreally argued that a DEA agent outside of the US was not negligent for causing a car accident while driving drunk and having sex); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93‑6019 and 96‑6145 (interception without a warrant of all fund transfers to Colombia for more than two months); Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997) (Banks and DOJ liable for unlawful interception of wire communication and access to account information without a warrant); and Cooperative Multiactive de Empeados de Distribuidores de Drogas Coopservir Ltda. v. Newcomb, et al., D.C. Cir. No 99‑5190, S Ct. No 99‑1893 (DOJ=s issuance of unlawful bill of attainder under War Powers Act).

[2] Misprision of treason is defined pursuant to VA Code §§ 18.2‑481 and 482, as the, “[r]esisting the execution of the laws under color of authority,” which if proved, “, shall be punishable as a Class 2 felony.

[3]Once able, my son returned to Virginia in 2007, to graduate from VA Tech, and now resides in Northern Virginia.