Judge J.L. Edmondson: Lying and Usurping Power is Not Misconduct!

Justice Turned On Its Head

Justice Turned On Its Head

Judge Donald L. GrahamJudge Donald L. Graham, The “Teflon Don

Purpose of this Post

This entire blog or website, mcneilmason.wordpress.com, is dedicated to illustrating the extreme measures that judges at the Eleventh Circuit, U.S. Court of Appeal have deployed to keep from disciplining U.S. District Judge Donald L. Graham, “Teflon Don”, for abusive behavior and misconduct. The overall scheme of all methods (direct appeal, mandamus, lawsuit, misconduct complaints) of disciplining federal judges have been undermined and defeated by Judge Graham’s cohorts at the Eleventh Circuit, see http://mmason.freeshell.org/methods.htm. States have removed judges from office for the conduct that is listed in this post and elsewhere. This post will examine the perfect scam that Chief Judge J.L. Edmondson has used to defeat claims of judicial misconduct under the Judicial Misconduct and Disability Act, 28 U.S.C. § 351, et.seq. The perfect scam is a “negative definition” of judicial misconduct. A negative definition is a “definition which states what a thing is NOT rather than what it is.” http://academic.csuohio.edu/polen/LC9_Help/2/25negative.htm. Judge Edmondson does not define misconduct he simply disagrees with every act that alleges misconduct in the complaint is judicial misconduct. Consequently, a negative definition is used to define judicial misconduct out of existence. Chief Judge J.L. Edmondson’s definition, or lack thereof, would suggest that federal judges are held to a lower standard than state court judges. Congress does not help as it chosen not to identify specific acts that it considers to be judicial misconduct for it has abrogated this responsibility and left it up to judges like Judge Edmondson to decide.

In this complaint, Mr. Mason’s  15th regarding Judge Graham, he once again  complains  that Judge Graham  has  intentionally  lied, misrepresented  the law, refused  to rule on a motion  for a preliminary  injunction,  allowed scores of other motions to go undecided and has usurped his  legal authority while presiding  over his civil cases.”  See Complaint No. 110890063, http://mmason.freeshell.org/372c/110890063/110890063.pdf.

Conspicuous by its absence is the lack of a denial by Judge Edmondson.  Not even a pattern and practice of abusive behavior by Judge Graham constitutes misconduct according to Judge Edmondson. See No.
; No.
01-0054-Judicial Council
; No.
; No.
01-68-Judicial Counci
; No.
; No.
02-0006 -Judicial Council
; No.
; No.
; No.
; No.
; No.
; No.
; No.
; No.
; No.
; No.

The Committee On Judicial Conduct And Disability disagrees and has stated:

[A] judge’s
pattern and practice of arbitrarily and deliberately disregarding prevailing
legal standards and thereby causing expense and delay to litigants may be
misconduct. However, the characterization of such behavior as misconduct is
fraught with dangers to judicial independence. Therefore, a cognizable misconduct
complaint based on allegations of a judge not following prevailing law or the
directions of a court of appeals in particular cases must identify clear and
convincing evidence of willfulness, that is, clear and convincing evidence of a
judge’s arbitrary and intentional departure from prevailing law based on his or
her disagreement with, or willful indifference to, that law.

See Memorandum of Decision, Page 8, lines 6-17 , http://www.ce9.uscourts.gov/misconduct/orders/committee_memorandum_89020.pdf
or http://mmason.freeshell.org/372c/committee_memorandum_89020.pdf


2 Responses to “Judge J.L. Edmondson: Lying and Usurping Power is Not Misconduct!”

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