Sharon Delgado released from custody
Last October, I was arrested for civil disobedience with eight other people during an anti-drone demonstration at Beale Air Force Base. Charges were dropped against four of my co-defendants. The case against the remaining five of us continues.
Our trial will be held on August 12 in federal court in Sacramento. We had hoped to make our case before a jury, but on Thursday U.S. Magistrate Judge Carolyn K. Delaney denied our lawyers’ request for a jury trial. In other words, we will not be able to testify before a jury of our peers, some of whom might be sympathetic to our reasons for taking the action we did at Beale. Instead, we will be tried before Judge Delaney, a representative of the very system that charged us with misdemeanor trespass for publicly challenging its drone warfare program. Although we each face up to six months in federal prison, $5000 in fines, and five years’ probation, our case does not qualify as serious enough to warrant a jury trial.
Nor will we be able to explain why we found it necessary to break the law by trespassing a few feet onto Beale Air Force Base property. Judge Delaney granted the prosecutor’s motion to disallow “the necessity defense,” that is, a defense based on taking action to prevent a greater harm. By denying us the necessity defense, the judge prevents us from testifying about our motivation, which was to interfere with, call attention to, and prevent the grave harm taking place through the U.S. drone warfare program.
A bit of good news: the judge’s ruling resulted in a front-page article in the Sacramento Bee, which I hope helps to open people’s eyes to the issue of drone warfare (which was the intent of our action at Beale) and to the eroding of our constitutional rights. See the full Bee article here.
I don’t relish the idea of being locked away. I’d rather be here among the trees, watching the birds, and playing with my grandkids. But at what price? I refuse to go into denial about the far-away families, not that different from my own family, where U.S. drones hover overhead, threatening and delivering death in my name, with my tax dollars, and (supposedly) for my benefit and security. The only way I can face this reality and be at peace with myself is by taking a stand against the policies and institutions that perpetuate such killings.
I understand why people in this country want to keep a low profile, especially now, considering the NSA surveillance program and the targeting of whistleblowers like Bradley Manning and Edward Snowden. The whole point of such policies is to use threat and violence to engender fear and unquestioning obedience to the domination system. That is what Empire does when it has lost its legitimacy.
But the more of us who speak out and take a stand, the more hope there is for transformation. In “Naming, Masking, and Engaging the Powers,” an excerpt from Shaking the Gates of Hell, I write:
When we refuse to live in fear of and obedience to the Powers, their stratagems no longer work. When the Powers can no longer count on fear, selfishness, and apathy to keep us in line, they cannot do business as usual.
For engaging the Powers exposes not only their evil effects, but also their folly. When we refuse to live in denial and instead speak truth to Power, the lies and pretensions of the Powers are exposed. When we challenge their morality, the Powers lose their legitimacy. When we choose lifestyles that reflect creative, life-giving values, the Powers lose their ability to dominate culture. When we enter actively into solidarity with the poor and oppressed, with victims of war and unjust economic policies, the brutality of the Powers is exposed. When we take part in organized actions of nonviolent resistance, the futility of their attempts to rule through domination is exposed. When we refuse to live in fear and are willing risk even death, as Jesus did, the ability of the ruling Powers to govern life through violence and intimidation is lost and the triumph of God’s love is revealed.
I pray that whatever comes, I can witness to the transforming power of the God of love.
Check here for Sharon’s past blog postings related to the Beale anti-drone case.
Order Shaking the Gates of Hell here.
The NSA program is no-longer a secret – So one must wonder – could those files help in your case??? – Other cases??? The Banks – how they did more harm to the economy then any terro could – Of ever have done !!! One must begin to wonder – Can a serpent really strike – If it is you who holds it’s fangs??? I am sure the calls you made will – tell the story of – No malice – just to say – stop using your tax dollars. THE-DOJ – could do a search across all that data asking for – banking bets – and then we could see some economical Justice finally. after all – They do have the info to find out now…
So what happened to the right to a trial by a jury of one’s peers?
The next housing shock
FEDERAL COURT JUDGE & WELLS FARGO BANK COMPLICITE IN FRAUDULENT DOCUMENT COVER UP.
5, JULY 2013 WRITER
On May 11, 2010, Lamont Johnson a Sacramento, California picky pay loan victim filed an action against Wachovia Bank FSB and its agents in the Northern District of California. Facing foreclosures and evictions by Wells Fargo Bank Johnson with little cash attempted to become a part of a pending Class Action case filed in the Northern District before Judge Jeremy Fogel (Mandrigues v. World Savings Bank, Inc., et al.) Upon Filing his case, Johnson immediately served Wells Fargo banks, Unlawful Detainer Attorney, Fred Kaiser. Wells Fargo Attorney Kaiser ignored the complaint. Johnson’s case was subsequently transferred from the Northern District to the Eastern District of Sacramento on October 21, 2010 Case NO. 2:10-cv-02839, Johnson vs. Wachovia Bank FSB et al. Johnson initially filed his case Pro Se and later hired Attorney Roxanne Mosley. Mosley represented Johnson for a short period of time eventually abandoning Johnson’s case.
On or about August 31, 2011 Johnsons case came before newly appointed Eastern District Court Judge Carolyn Delaney. October 6, 2011 Delaney filed an Order to Show Cause. On October 21, 2011 Johnson filed a Substitution of Attorney and a response to the Delaney Order to show Cause. Just entering the case, Johnson had been requesting from Delaney time to restructure and update his claim because there were defects in his First amended complaint and so much more violations that had occurred since Johnson’s original filing. Delaney denied Johnson that opportunity and on April 11, 2012, Document Query 46, Delaney ordered Johnson to Serve on Defendants Wells Fargo Bank Johnsons defective complaint drafted by Johnson’s previous Attorney Mosley. Defendants Wells Fargo Bank after being served immediately filed a Motion to dismiss. Delaney thereafter decided on her own and in violation of her oath, her duty and the law, set Johnsons case on a course to intentionally dismiss his case.
As Johnson filed his opposition to Defendant Wells Fargo Banks, Motion to dismiss, Johnson attached his proposed Second amended complaints to his answers, despite Delaney’s attempt to stop him from repairing his claims. Johnson added claims of Quiet Title, Racketeering under Rico, Mail Fraud, Wire Fraud, Conspiracy to foreclose using false and fraudulent document and affricatives. Johnson attached documented evidence showing that Wells Fargo Bank employees robo-signed and used forged and false documents to foreclose. Some of Johnsons attached evidence show that documents were notarized but not even signed. Johnson even attached documents that were back dated. To top it off, Johnson showed that defendants made a material alteration on his Deed of Trust for his Yorktown Property. It was changed from its original form and filed with the wrong address. Johnson’s Yorktown property Deed of Trust clearly illegally had an unreferenced attachment to it in an attempt to repair the defect in the legal description. The attachment was done after Johnson signed the contract. What was most difficult for Johnson to deal with was that he was disabled and going through a major depression and stress at the time and seeking counseling. Johnson always informed Delaney in his documents to be patient with him because he was going through this and it will take him more time to complete his Second Amended complaint. Delaney ignored Johnson’s documents.
On September 12, 2012 Delaney moved forward with defendant Wells Fargo’s Motion to dismiss trail. Transcripts show that District Court Judge Delaney conducted the trial to look procedural, but it was a sham trial. Despite all the evidence of fraud , and serious causes of actions Johnson claimed, Delaney intentionally and in violation of her oath and Duty suppressed all Johnson’s arguments, case law, arguments and evidence and refused at the hearing to allow any allegations of fraud to be put on record. Delaney asked both Johnson and Defendants Wells Fargo one main question. What is your legal theory? Delaney thereafter dismissed Johnson’s unfinished second amended complaint on the spot.
The mistake that District Court Judge Delaney made was that she drafted, filed and mailed fraudulent Findings and Recommendations conclusion order #65 that dismissed Johnson’s case by intentionally misrepresenting Johnson’s legal theory and by suppressing Johnson’s legal arguments and Fraud evidence that were attached to his complaint. Delaney intentionally drafted her order to construe around case law and evidence Johnson presented as if they did not exist. District Court Judge Delaney knew of Defendant Wells Fargo Banks fraudulent activities. They were common knowledge. Delaney’s employer along with 49 other States Attorney Generals, were part of a nationwide Class Action which identified the same fraudulent conduct by these same defendants. Delaney intentionally suppressed Johnson’s evidence because she did not want a Pro Se Plaintiff (Johnson) to win his case. District Court Judge Delaney knew that if she acknowledged verbally or in writing the fraud that she would be required to leave Defendants Wells Fargo Bank right where they stand without a defense. Delaney refused to allow this to happen as duty required her to do. In fact, in Johnson’s current appeal, he claims that the District Court altered the trial transcripts when it found out he was going to appeal the decision. All allegations are on the online Pacer cite. The Courts suppression of the banks fraud is clear. Johnson’s appeal outlines the Courts legal violations. Johnson is currently awaiting the appeals Court ruling in the ninth Circuit in Sacramento, California. Johnson believes that the appeals Court will help the District Court Judge cover up her fraudulent conduct. Watch for yourself. This will make Johnson a victim again and never hold the banks liable. In California, no person has won a Quiet Title Claim in our Eastern District Court. This can only be intentionally done and created by the District Courts own agenda policy because it is not by law. Johnson filed documents in the Appeal Courts that show that The District Court Judge was acting unlawfully. Johnson showed that the Judge regularly dismisses Pro Se Plaintiffs cases whom showed the Court Fraudulent documents. The Courts are trying to stop the flood of cases being filed by violating the Constitutional right to a trial of the Plaintiffs even when it sees the fraudulent documents. It is not suppose to do this. This is not the Courts job and it is illegal.