More Bad Law?

   I remember siting in a big room with a nice conference table.  Judge Solomon Oliver was at the other end of the Table and lawyers for both UTU and CXST were present as well as Smoot and I.  Funny, now that I think about it, I was seated at the other end of the table opposite Oliver with 4 or 5 people sitting along each side, Smoot directy to my right. Then a representative of the Attorney General comes in, is never seated, but proceeds with a little pictch based upon the Government's Brief that the NMB cannot be a party to this litigation, the Judge only has jurisdiction over the parties, i.e., UTU and CSXT in Smoot's legal actions.  We (Smoot and I) concurred and allowed the NMB (Government Agency) to be dismissed from the lawsuit.  The last thing the Government Attorney said when he left the room was "Don't make any bad law"!  

    Unfortunately, since that day, nothing but bad law has come from the District Courts, the Courts of Appeals, and the Supreme Court.  While not as emotional as the specious 6th Circuit Ruling (See A Sad Day) because I came to fully realize money and power can overcome all fact, reason, and law, the Fourth Circuit Decision released today in another specious ruling that ignores the precedent of the law in order to validate the UTU and CXST's position that no one dares have the audacity to catch us lying and cheating.   Unlike the 6th Circuit Ruling that nullifies 153(q) and denies the right to an adjudicatory ruling by a judge of jury of alleged "illegal evidence", this decision harms disabled persons whose settlement's where formerlly exempt under federal and state bankrupcy laws.  The is one common thread - all done on the basis of "intent" as if "intent" were punishable just the same as if the action had been completed, i.e., you will die by leathal injuection because we have it from "credible" witnesses (you are not credible based upon all the lies we caught you in from interrogatoies and you testimony years later) because you "intended" to kill the President (makes no difference if he is alive and well); you must serve 6 months in prison because you intended to write a bad check (makes no difference that you never did nor was anyone harmed); you must pay punitive damages because you "intended" to cause harm to UTU and CSXT's reputations albeit they can't show how you did nor document how they suffered; you must pay $100 G's punitive damages because you "intended" to give out what "APPEARED" to be the Executive Session Transcript!  Ah . . . , I think "U" get the picture. 

    The real question is how can "intent" change the actual factual circumstances and be punishable as if the crime had occurred if there is no victim? What I found interesting was the Judge Tice made it clear that if Lynn Tavender and here attorney Dion "slime time" Hayes wanted to "piece the corporate veil" (reverse corporate veil theory or some such mumbo-jumbo), it would be to their disadvantage because that would only show that Home Check services was nothing more than Smoot's alter ego and he always controlled the $210,000 Fela Settlement CSXT gave him to compensate him for his injury and lose of vocation.  In a footnote, previously addressed on this site I believe, Judge Tice refused to rule on their (Tavender and Hayes) averment because then the money would have been exempt from creditor process?  I always thought that was amazing, i.e., I'm not going to rule on that because IF I do, you lose! 

Of course both Tavender and Hayes had former employment by Battle, Booth, & Whoever the hell the were, one of the biggest firms in Richmond who regularly represents CSXT. In fact, Dion "slime time" Hayes actually represented CSXT in the State Court to collect the specious wiretap judgment but the State Court Judge wasn't going along and then one of Smoot's attorney's suggested he file bankruptcy and then they got him where they could control everything - even his 6th circuit appeal and his Malpractice suit!  Conflict of interest with Tavender and Hayes?  Of course! Argument made and summarily denied!

    So when Smoot sees this is delaying his 6th circuit case and that the bankruptcy court has considered him insolvent at the time of his filing by adding his wifes debts but not her assets, he files for dismissal of bankruptcy!  Mind you, NOTHING has been done at this point.   Neither UTU nor CSXT, his only major creditors based on the specious wiretap judgement even answer, but Lynn and "slime time" immediately object to dismissal and file for judgement of the whole amount owed the creditors based upon Rambo's "badges of fraud" concocted from altered subpoena's to illegally access Smoot's Corporate records!  Yep, ole Smoot is lying again and we got him red handed cause he was unaware we had all his bank records for Home Check illegally! 

    Now Smoots total estate at this time is less than $70,000, yet "Slime Time" racks up more legal fees than the estate has trying to prove Smoot has hidden money somewhere?  Unknown what his final bill was but it exceeds the value of the estate.  What was the biggest potential assest of the Estate?  Smoot's Malpractice Suit agains Merritt (Terry) Green, III in Toleda, Ohio.  The Trustee showed no interest in the case until they demaned any money not yet used be returned to the estate and the case dismissed?  The Lawyer explained Smoot had an excellent case that he valued at around $230,000 or more.  The Tustee filed to dismiss the Case?  Why?  Well, a malpractice is a trial de nova and if you prove Green's malpractice caused the specious wiretap verdict in the first place, the whole house of cards collapses!! 

    What happens to Smoot's one chance for vindication now?  My guess, armed with this specious decision, is Tavender will make a quick settlement of the case for the amount of money to pay her and "slime time" (keep the Virginial taxpayers from having to foot the bill) because UTU and CSXT don't (nor ever did) want their money, they only want to maintain the corrupt railroad arbitration system and pretend they are the poor innocent victims of   genious matercriminal Smoot's diabolical plan to victimize them.  Undoubtedly it will involve a settlement with no admission of guilt on any parties part!  Ah. . . , great plan if the Executive Session Transcript wasn't available for all to see!  Hey, Mr. Snow, thanks to your attorney's for making it part of the Public Record in the sham "summary bench trial on damages"!   I guess you're pretty proud of this latest "Victory"! Ah, did I read something about how you (CSXT) are one of the most unsafe railroads in the country but UTU and the Sac-P process bailed you out and allowed you to pay pennies on the dollar of the fines?  Hey, I've read the sincere concern of Trainmater Tom Davis on the UPRR site, you need to double his salary and keep him on that computer for as long as possible.   Hell, tell lies long enough, you start believing them yourself!

    So all you bankruptcy attorneys and personal injury attorneys out there read this crap and wonder what happened here?   Power and money happened here - again.  En Banc - Supreme Court for documentation sake but no justice will be forthcoming.  But, the book and movie just keep getting better and better!  Hang in there and always have a nice day.  I have now decided to file charges against Byron Boyd - US members might as well see who runs this Union - the President or the Lawyers?  Yo, Mr. Snow, going to have a big contingent there on August 30 with Rambo and his high paid entourage to argue for your $50 G's (The Peter Economus Magic Show - it's not what it is, it's only what did it appear to be?)!  Inquiring minds want to know????