Hey, FBI - this "stuff" is SERIOUS
A fraudulent
BEAVER DAM SUIT against me to start
- morphing into retaliation by the Court itself -
for me having made a civil RICO counter-claim - a FIRST
AMENDMENT RIGHT. My own ex-lawyer now bringing a
fraudulent supposed commercial "open account" claim against me
for legal fees - when all there was was a NON-REFUNDABLE
$20,000 PREPAID retainer - with the lawyer "we retain the
right to terminate" - if I were not to add
additional funds.
$20,000 non-refundable retainer
agreement
Westfall fraudulent "open account"
suit thereon
Judge Banner fraudulent
questions to the jury
Judge Banner
unlawful $62,885 FINE
Judge Chapman
unlawful additional $125,770 for me complaining about Judge
Banner what is "civil
RICO"
federal RICO statute
Before the fraudulent
"BEAVER
DAM"
suit upon me, I was peacefully RETIRED on my farm, taking care
of my cows and invalid 90 year old mother, and had only known the
courthouse from getting LICENSE PLATES!
Canton TX attorney Richard Ray complaining about BEAVERS
but files suit for me violating the Texas Water Code by me
constructing a dam
Judge Zimmerman gives fraudulent questions to the jury
Attorney Ray wants $10,000 in attorney fees despite unanymous
verdict of ZERO - go enjoy - a hoot
Now I am
accused of "living in the courthouse", "vengeance and anger
towards the legal system", and sued for "libel", "slander",
"with malice", and for causing a lawyer "to suffer from
stress, anxiety,
and loss of confidence", and loss of
the "benefits of social intercourse",
etc. ad nauseam.
counter libel claim against me
so I add them ALL to my civil RICO
Hearing - go enjoy - a super hoot
The underlying BEAVER
DAM mess
Neighbor complaining - over natural beavers
Fraudulent suit claiming I was violating the TEXAS WATER CODE -
by having CONSTRUCTED A DAM
Judge Zimmermann FORBIDS me - from showing the JURY
- even "talking
about" - what the lawyer
had hauled me into court for - unbelievable but
TRUE
THE COURT (to the jury): "because ... ...
you may get the idea
that
either the
Plaintiff or the Court is trying to hide something
from you"
"The belief in a supernatural source of evil is not
necessary; men alone are quite capable of every wickedness"
- Joseph Conrad 1857-1924
|
1.
introductory sampler
site navigation guide -
a few "chapters" down
Van Zandt Courthouse Beaver Dam Scheme - YouTube
- good swift intro
Judge
Paul Banner batshit crazy hearing - YouTube
fraudulent beaver dam suit
fraudulent Westfall
"unpaid open account" suit
my
civil RICO counter-claim
Judge Paul Banner fraudulent instructions and questions to the jury
Judge Paul Banner retaliation by $62,885 sanction
Judge Ron Chapman retaliation by $125,770
(2 x 62,885) sanction
Appeal - Dallas Appeals Court
Appeal - Texas Supreme Court
Appeal - US Supreme Court
Hearing before Judge John McCraw - same
"subject" - YOU
HAVE BEEN WARNED!
Go ahead, ARREST me -
for wanting to be ARRESTED - out of desperation to
be heard - go explain that to a JURY
when 'thems' DO - as mobsters do - 'thems' ARE
mobsters
2
Program Guide
G. DAVID WESTFALL
- My own ex-lawyer - who fraudulently got himself $470,000 in "legal
fees" - against ME
FRANK C FLEMING - lawyer
for Dallas lawyer Westfall.
Westfall officemate.
Fleming Disciplinary Trial
RICHARD L RAY - Canton lawyer - started it ALL - with
his fraudulent BEAVER DAM SUIT
JUDGE RON CHAPMAN - unlawful
$125,770 FINE - on top of Judge Paul Banner
unlawful $62,885 FINE
JUDGE PAUL BANNER - made it all possible - BY
FRAUDULENT COURT PROCESS
UDO BIRNBAUM - 84 years old - victim of
Ray,
Westfall,
Fleming,
Banner and
Chapman
The beheaded Calves
fuller list of "thems"
a little bit about me "The
Big WHY" - under construction
3.
Site Navigation Guide - this site
focuses mainly on the UNLAWFUL that 'thems' did
(freely use the browser <BACK> button - to get "out of there")
This site is basically a SINGLE "strip". Here are a few key "bookmarks":
fraudulent beaver dam suit
the beheaded calves
Westfall fraudulent legal fee suit Westfall's
dark secret
what possessed Judge Paul Banner
Judge
John McCraw hearing
appealing up the line - up to the US
SUPREME COURT
When ones DO - as Mobsters do
The fly in
the ointment - Judge Louie Gohmert
Google search RESULTS
First Amended Original Petition to Declare as NULL -
my "whistle blower suit"
WILD docs and e-mail threads in this cause (8 MB) -
new
more detail - at my OpenJustice.US
a little bit about me INTERMISSION
regarding
the "necessity"
latest
4.
Site Navigation Guide -
my earlier www.OpenJustice.US
focuses ALSO on what all 'ME' tried - and all the baskets of paper - and
lots of back-and-forth emails
This site is also basically a SINGLE "strip". Here are a few "links"
- for
jumping to key "bookmarks" inside
my OpenJustice.US
(freely use the browser <BACK> button - to get "out of there")
Details of the extrinsic fraud by the Court
before the fraudulent
BEAVER dam suit upon me but
the real EVIL is Judge Paul Banner
but the real QUESTION
is
SHORT INTRO - how did this seemingly "simple"
FRAUD
SHORT INTRO - via my criminal
complaints
hearing before Judge Joe M Leonard
even our very own District Attorney
the root of the EVIL
in the county court at law
- a procession of judges
before the beaver dam suit
more "goings on
I get sued for SLANDER and LIBEL - by the BEAVER DAM lawyer
going looking for a
lawyer
lawyer disciplinary trial - "you can't get there from here"
case of res ipsa loquitur - "no it is not a disease"
bunk bed bunk
- a kid falls out of bed - and the lawyers
complaints of corruption -
from the START
on the lighter side - how to make
a "pleading
Letter to Senate Judiciary Committee
county judge race
district judge race
OFFICIAL NOTICE - to
the "court majors"
5.
this is a hearing I had before
Judge John
McCraw
regarding Judges Banner and Chapman
I had sued Judge Banner and
Chapman - for the UNLAWFUL $62,885 and $125,770
court FINES they had put upon me
key documents "underneath" pictures
AUDIO of entire hearing
transcript of entire hearing
Original Petition
initial fur flying
they claim absolute judicial immunity
more paper
they will say just ANYTHING
even SIX MONTHS IN JAIL

Judge
Paul Banner,
Judge
Ron Chapman
courtesy mc2legal.us
Judge
John McCraw courtesy
mccrawgantt.com
"The belief in a supernatural source of evil is not
necessary;
men alone are quite capable of every wickedness"
- Joseph Conrad 1857-1924
This was
my "civil RICO" lawsuit where I had sued Judges Banner and Chapman - for
their unlawfulness upon me
more technically their "pattern of racketeering activity" - to use the
language of
RICO
Here is
the
AUDIO of this hearing, a little over one hour - but VERY
INFORMATIVE - before Judge John McCraw
I was polite but quite firm - and the audio shows that both
McCraw and especially attorney Jason Contreras
from the Texas Attorney General - were quite IGNORANT of the law - else in
total disregard
Especially on the Bill of Rights, and other CLEARLY ESTABLISHED
LAW
that this is America - and Judge Banner and Judge Chapman - simply can't do as they did
i.e. CANNOT unconditionally
PUNISH - like $62,885 and $125,770 - for [supposed]
completed PAST conduct - without going thru FULL CRIMINAL PROCESS
"punishment" - in CIVIL process - can only be
coercive, i.e. "forward looking" - has to provide
"keys to own release" - like "until you testify, pay child support,
etc."
UNCONDITIONAL punishment - requires FULL
CRIMINAL process - of
"beyond a reasonable doubt" - by a JURY.
US CONSTITUTION.
Judge McCraw was nice for hearing me out. And after all our
back-and-forth
said that I was a "nice person" -
but nevertheless
that I belonged in JAIL.
my inquiry
at our jail re pre-admittance (AUDIO)
Original Petition
initial fur flying
they claim absolute judicial immunity
more paper
they will say just ANYTHING
AUDIO of entire hearing
transcript of entire hearing
NOTE ON AUDIO. This audio is
hosted off this site. Google Chrome OK. FireFox problematic.
Internet Explorer no work at all
I plan to host this on either YouTube or Vimeo, so it can be
properly "buffered" through a full fledged "hosting service".
Like I did with my YouTube
Judge Paul Banner batshit crazy
hearing - or
such similar name.
6.
Coming
Even Google can understand
7.
key introductory
Even Google can understand
Van Zandt Courthouse Beaver Dam Scheme - YouTube
- swift intro
Rat Snake Unwinding - another my YouTube
non-refundable
prepaid
attorney retainer agreement
fraudulent
suit thereon claiming unpaid "open account" for legal
fees"
fraudulent
instructions and questions to the jury by Judge Paul Banner
Judge Paul Banner
refusal to Appoint
an Auditor
My Petition to have Judge
Banner Appoint an Auditor (to Tyler 12th COA)
(If Judge Paul Banner had duly appointed an
AUDITOR,
as he was required to per RCP Rule 172, because of the TWO diametrically opposing
affidavits as to the
"state of the [supposed] account", it would of
course have cut right through the Westfall fraud - and of course
precluded the whole Judge Paul Banner fraud!)
Deposition Westfall - no
such "open
account"
(VIDEO) Deposition Westfall -
"we
just keep time cards" (VIDEO)
Transcript of above videos
Transcript of entire deposition of Westfall
Deposition exhibits
"WELL-INTENTIONED"
-
as caught by the court reporter
$62,885 FINE -
suddenly ALL POISON
$125,770 FINE -
ravings of a MADMAN
(2x62,885)
Judge Banner ex-parte -
how it got to
"all poison"
Motion for Recusal
of Judge Paul Banner
Assignment of Judge Ron Chapman
Letter to Judge Ron Chapman -
that there be "no surprises"
The $125,770 "surprise"
"Happy April Fools Day"
- swift summary
Judge Banner insane hearing to "revive" his
own unlawful $62,885 SANCTION ORDER -
YouTube
Application
to Revive
Answer to Application to Revive
Oral Pleading in Writing
Assignment
of Judge Banner
Assignnment to pass out PUMPKINS
Order Reviving Order
Petition for Declaratory Relief
-
to declare the whole 294th
District Court proceedings as unlawful
136 pages of court "stuff"
-
lots of paper in the Tyler Federal Court
First Amended Original Petition to Declare as NULL
Texas courts were not established for the purpose of cranking crap
into $500,000 pieces of paper parading as “judgments”
This was my
"whistle-blower- suit" - a suit "in equity" for "declaratory
relief". MUCH more my www.OpenJustice.US

8.
It does NOT work
And the higher one goes - the WORSE it gets
Till one has to resort - to WHEELBARROWS
Why
I need to get them to arrest me
or plum put
the SOB bully in his place
at Judge Banner's Hearing to REVIVE -
to "revive" HIS OWN
$62,885 unlawful FINE
The Diary of
a Madman
"that there are in
the world many undiscovered madmen as adroit
and as
much to be feared as this
monstrous lunatic"
9.
"time out"
intermission

"mama talk"

IMPEACH THE BIDENS - and make America great again

One day after firing Comey - "releaved a
lot of pressure"

Just impeached - "I won. Greatest impeachment EVER."

"by the light of their faces"
10.
"time in"
regarding the "necessity"
for me having to so PUBLICLY confront these BULLIES - in
their very own "robbers den"
latest
Comments by VERY important and NICE gentleman
(AUDIO)
IN SUMMARY:
"Thems" ARRESTING me - for me keeping on bringing -
my rusty
wheelbarrow,
garbage cans, pot lids, toilet plungers, "gone-batshit-crazy" signs,
etc. - into our courthouse -
- of course inherently raises my "necessity
defense" issue -
of whether such is NOW
still "necessary" to
protect MYSELF - and this COMMUNITY
- by letting the light of day - upon these
MOBSTERS having infested our courthouse
(and of course provide a jury "finding" - upon just exacly what Judge
Paul Banner and Judge Ron Chapman were doing upon me)
what is a "necessity defense"
my previous official NOTICE of such "necessity"
my COURTROOM
pleading of such "necessity" - AUDIO
"necessity" defense
"public necessity" defense
"private necessity" defense
why I need to get them to arrest me
mens rea
actus reus
concurrence
HINT: The "necessity" - of course - is to
get these "dammn courthouse criminals" - off off MY back - and off off the PUBLIC
back.
The "damage" being done by these MOBSTERS - far outweighs any "damage" caused
by my "actus reus"
- i.e. me breaking only the "letter of the law"
i.e. by me NOT letting "them" make me shut up, under threat of arrest.
CEASE AND DESIST (7099K) - to the local "powers
that be" - of the "necessity" to STOP this outrage.
same - no exhibits - smaller file
Else simply enter "294th cease and desist", with or without quotes - into Google
search. Also, try "judge poopi".
ain't google amazing
I have no "mens rea" (guilty motive) -
and as this site details - I have tried EVERY other "alternative remedy"

the just below is from my
"why I need to get them to arrest me"
And if no one else will put a STOP to “them” – then I will – by bringing
“whosoever” out into the open – by having fun in the Van Zandt
Courthouse
from now on – with dirty wheelbarrow, garbage cans, banging pot lids,
etc.
etc. till hell freezes over. And if “they” choose to arrest me for
“criminal
trespass” or such, so be it.
As for me, I am 82 years old, my dog died, no living relatives, have
nothing
more for “them” to steal, have lots of time. Looking for some fun place
to
take care of me. Our Van Zandt County jail would be ideal.

from "Fipps der Affe" (Fipps the Monkey)
Wilhelm Busch
1832-1908
I would also be of immense value to the other inmates, in filing
documents
or lawsuits, the Supreme Court having established their Right to
assistance
from other inmates. And me having effectively been turned into a PAUPER
– even be entitled to my very own court-appointed and FUNDED lawyer!

"oh what tangled webs we weave -
when first we practice to deceive"
IN SUMMARY:
My defense to "thems" arresting me for such as trespassing, disturbing
the peace,
interfering with government functioning, etc - will be a "necessity
defense",
i.e. that what I was doing was "necessary" - to get these MOBSTERS off
MY and
OTHERS' back
latest
11.
even Google can understand
new
Google search RETURNS - for each of the search terms just below
"thems googles is smart"
REGARDING the "links" just below. Each link shows my search
RESULT -
as a JPEG
The apparent links in the JPEGs - of course - WILL NOT WORK
my sites are: OpenJustice.US
CourthouseAwarenessNews.com (same
site)
DamnCourthouseCriminals.com
(latest)
$62,885 $125,770 - the two insane FINES against me.
62,885 125,770 (no dollars)
62885 125770
(no commas)
294th 62885
294th court beaver
294th court dynamite $62,885
fine
damn 294th This is plum ridiculous - what goes???
plea to the jurisdiction and sanity
"plea to the jurisdiction and sanity"
jurisdiction and sanity
sanity and jurisdiction
(MY ACTUAL DOCUMENT:
Plea to the Jurisdiction and Sanity )
cranking crap into judgments
(MY ACTUAL DOCUMENT:
First Amended Original Petition to declare as NULL
)
"smoke Old Mold - the ONLY cigarette that is ALL
filter"
"smoke Old Mold etc - images"
"if there is insanity around
- well some of us gotta have it"
"if there is insanity etc - images"
judge poopi poopcicle was my
FUN test of Google Search - test of what all "nonsense" Google catches and how fast
courthouse
criminals - NO QUOTES - and watch it put the "damn" in FRONT of it!
new
my TAKE on why Google seems to "like" my stuff -
PARTIAL ANSWER - more coming new
12.
in praise of GOOGLE - else in fear of Google
here is the most amazing part of it
all
In making sure, that all this "stuff" works, i.e. that it is all
"linked" correctly ON THIS SITE, in checking the "62,885 125,770" (no
quotes, no dollars) above, I noticed that my CAPTURE of Google had
included a PDF titled something like "tyler fbi" "just shoot
them". HOW THE HELL DID GOOGLE GET A HOLD OF THIS DOCUMENT?
So I hunted down this document - AND COULD NOT FIND SUCH AMONG MY SITE
- but Google had
clearly caught it - and this PDF was clearly of my origin.
So back to Google, again same "62,885 125,770" (no quotes, no dollars) search, and
did an actual "click" on the document and a "save", and
here it is, as a PDF as
the document is on Google. Still
trying to find such document amid my site. Anyhow, the document is quite
explanatory of the structure of a google search RESULT - and how Google
seems to "have" ALL of my stuff. NOTE: The
red Adobe Acrobat "markups" - are as on the document offered by Google.
I will have more to offer on this later. Like how Google seems to
actually be able to "find" a specific unique phrase, buried deep down in a 136 page PDF
document, that was created purely via an
OCR PAPER SCAN.
FRIGHTENING!
Also, some indication, of Google catching some of my "image over text"
PDF documents, where my OCR had made some mistakes, Google doing their
own OCR (on the "image" in the PDF) - and entering it CORRECTLY into
their search database!
"thems googles is smart"
* * * *
|
13.
What Possessed Judge Paul Banner
A Psychological Study through Judge Banner's $62,885 Court Fine
"The belief in a supernatural source of evil is not
necessary; men alone are quite capable of every wickedness"
- Joseph Conrad 1857-1924
snake
frame grab courtesy
YouTube
Tex Avery Cartoon titled SH-H-H-H-H-H (click to
play, else on picture)
Diagnosis: paranoia
of INVASION by pro se litigants and "civil RICO" lawsuits
Diagnosis: sociopathy - i.e. no abiding by the law,
norms of behavior, nor rights of others
"well-intentioned" - as caught by
the court reporter
now suddenly ALL VENOM - as in
Judge Paul Banner $62,885 "Findings" - a pure CYA
What is civil RICO
no 1
What is civil RICO no 2
What is civil RICO no 3
jury instructions for civil RICO federal RICO statute
Appeal to Dallas Appeals Court
Appeal to Texas Supreme Court
Appeal to US Supreme Court
Petition for Declaratory
Relief
What is a pro se litigant

IT DOES NOT WORK
AND THE HIGHER ONE GOES - THE WORSE IT GETS
TILL ONE HAS TO RESORT - - TO WHEELBARROWS
Why
I need to get them to arrest me
or plum put
the SOB bully in his place
at Judge Banner's Hearing to REVIVE -
to "revive" HIS OWN
$62,885 unlawful FINE
The Diary of
a Madman
"that there are in
the world many undiscovered madmen as adroit
and as
much to be feared as this
monstrous lunatic"
* * * *
14.
Judge Paul Banner's batshit
crazy hearing
to "revive" his batshit crazy unlawful $62,885 FINE
"which the court seeks"
Just
click on
the picture. Real lively after a few minutes
The supposed "judgment" they revived - was clearly titled as an
ORDER - i.e. a $62,885 punishment - unlawful at that
did not "adjudicate" upon PLEADINGS - certainly NOT by JURY -
was a JURY case!

(click
here - or on picture. Real lively after a few minutes.
YouTube may
start with an Ad)
Judge Paul Banner insane hearing to "revive" his
own unlawful $62,885 SANCTION ORDER
(HINT: Orders do not go "dormant")
Background:
"Application for Writ of Scire Facias
to Revive"
Answer to Application to Revive
Oral Pleading in Writing
Assignment
of Judge Banner - Judge Murphy cannot assign a "visiting
magistrate"
Assignment to pass out PUMPKINS
- my spoof assignment to make this point
"Order Reviving Order" - the "judgment" they revived - was
clearly titled ORDER
(This "judgment" - was of course never a judgment,
i.e. does not "adjudicate"
anything
- but PUNISHES)
Also note the careful transmogrification from "Order" - to "Sanction
Judgment"
Petition to Set Aside Order Reviving - revival of one of the
OTHER TWO "judgments" in this cause
* * * *
15.
The Start of it ALL
was not the BEAVERS - but
barratry (stoking litigation) by a lawyer
instead of simply telling his
client - to call the game warden
Just
click on the picture

(click
here - or on picture. YouTube may start with an AD)
* * * *
16.
What do I need to do -
to ring this Court's bell?

Detail of the document - click here or on either picture
Notice to the powers that be
EVEN THIS - A LOUD CRY FOR HELP
What do I need to do -
to get the attention of our District
Attorney
Even Google can understand!

"We
are well aware of your [Birnbaum] position" - but they
won't do anything
That is why I need to get them to arrest me
Complaint 2003 to then DA Leslie Dixon
Complaint 2014 to then DA Chris Martin
Complaint 2015 to then DA Chris Martin
Complaint 2015 re then DA Chris Martin
That is why I need to get "them" to arrest me -
to force the light of day upon this CRAP
Choice 1: Do something about this crap
Choice 2: Have me in the courthouse - and at the DA office -
with my rusty wheelbarrow, garbage cans, toilet plunger,
garden hose, pot lids, etc - all items that cannot be mistaken as posing
a physical threat -
till hell freezes over
Choice 3: Else explain to a JURY - why they arrested me, for
finally choosing in this manner to
so "serve notice" -
AT OUR COURTHOUSE, of crimes upon me IN OUR COURTHOUSE - and BY OUR COURTHOUSE
* * * *
17.
Our "thems" - everybody KNOWS - but ... ...

That is why
I need to get them to arrest me
Van Zandt County Justice Center - aka "our jail"

Why
I need to get them to arrest me inquiry
re pre-admittance (AUDIO)
Complaint to Sheriff Dale Corbett
Complaint - yet one more try

"here I stand - I can do no other" - Martin Luther
1483-1546
* * * *
Time out
- Temporary change of emphasis - away from the "thems",
and unto "me":
SO FAR, I have focused only on what "thems" did, to
prevent "overload" distraction - by what "I" have done.
To keep things kind of "clean" - and visually more
"open" - unlike my more chronologically documented
www.OpenJustice.US.
AND I HAVE SO FAR FOCUSED mainly on that fraudulent suit against me for
that supposed "open account" for legal fees - i.e. "The
Westfall Suit".
That was where they put that unlawful FINE of $62,885 and another
of $125,770 on me - and that "inconsistent with due
process" JUDGMENT of $85,000 or so - which they all did
WITHOUT THE JURY.
THREE judgments in ONE "cause", when there can be only
ONE - i.e. at a minimum, at least TWO have to be
fraudulent!
BUT ALWAYS REMEMBER, that underneath all of this lies
that fraudulent suit against me over a natural beaver
dam, brought as a violation of Section 11.086 of the
Texas Water Code - a fraud in plain sight.
ALSO ALWAYS REMEMBER, that the fraudulent "open account" suit for legal fees,
was brought against me by
own lawyer, a lawyer who promised to
"save" me from that beaver mess, but who, unbeknownst to
me at the time, actively solicited and weaseled himself
upon me.
AND BEFORE ALL OF THIS, at the very bottom, me peacefully retired on my farm,
taking care of my cows and 90 year old invalid mother,
and me only having known the courthouse - from getting
license plates.
SO HERE, a smattering, of what all I have tried, along
the way. Full details, in more or less chronological
arrange, on my older www.OpenJustice.US.
So here goes. |
Starting solely upon
BEAVERS:
Started with a squabble over an even then no longer existing
BEAVER DAM - Plaintiff had DYNAMITED it long ago. ALL I
ever did thereafter was INSIDE a court - and I
wind up with $1,000,000 in judgments and liens against
me.
In America? How can that be?
Without me ever doing ANYTHING - in behalf of - or in
opposition - to the BEAVERS
Or regarding my NEIGHBOR
With me complaining of
fraud and
assault by the attorney - from the very
beginning.
And me complaining of
fraud by the judge - by not
addressing the lawyer fraud?
And me complaining
to the Texas State Bar
And to the
Commission on Judicial Conduct
And the
Tyler FBI
And
any law enforcement agency I could find
And a
Potpouri of everyone else
And to
"nearly every state agency" - as the attorney
would accuse me
of at the ALL-WEEK trial
(this is only a few page excerpt)
Full Beaver Trial Transcript
Looking back on this, after 21 years, I drove poor Judge
James Zimmermann literally
to
"right on the verge of it". And as for attorney
Richard Ray, to "Hopefully, I'll not have the misfortune to have
another one exactly like this"
Full Beaver Trial Transcript
How can this be?
THE ANSWER: Nobody did anything about the "control
fraud" - at every level - and things got WORSE.
I am of course talking about that $20,000 pre-paid
non-refundable attorney retainer agreement -
fraudulently brought as a suit on "open account" against
me.
|
The best way to rob a bank - is to own one
The best way to rob someone - is to own a court.
It is known as
control fraud.
Examples:
Bernie Madoff $50 Billion Ponzi
scheme, Enron, Worldcom,
Charles Keating Savings and Loan
scandal, 2008 bank bailout, Texas Tobacco Settlement -
AG
Dan Morales going to jail, Ohio governor
Rod Blagojevich
going to jail - for trying to "sell" Obama senate seat,
etc., etc. "they did - because they
could"
Also known as "to conduct or participate
in conducting the affairs of an enterprise" - by a "pattern of
racketeering activity", etc.
Such of course is the language of RICO, the federal
anti-racketeering statute
18 USC
1961 etc
Enacted by then US Attorney General Robert Kennedy - to
control the likes of
Jimmy Hoffa infiltrating the labor
unions - and to fight the MOB in general.
Guess what - RICO fits perfectly to judges and lawyers -
conducting the Court as the "enterprise" - to enable
themselves ("to conduct or participate, etc") - to do as
MOBSTERS do.
NOTEWORTHY is that civil RICO (18 USC 1963) is one of the few CRIMINAL
statutes also providing a PRIVATE cause of action -
i.e. allowing "any person injured by reason of the violation" - and
there does NOT have to be a prior CRIMINAL conviction" -
to bring a CIVIL suit.
FURTHERMORE - the US Supreme Court - in
Tafflin v Levitt - extended that right to bring such suit
even in state courts.
And more - the US Supreme Court - in
Rotella vs. Wood - encourages victims of such
conduct - to become
"private attorneys general" - "assisting the government"
- to "deter the respectively prohibited conduct".
Such of course is EXACTLLY what I did, when I paid
attorney G. David Westfall a $20,000 non-refundable
retainer - to sue the whole Van Zandt 294th "thems"
in the Dallas Federal Court.
First Amended Complaint (good
detailed info and law)
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19.
Introspect
new
In what way, if any, did I
myself bring this on?
Or bring this 'upon' me? Or was this already 'modus
operandi' - i.e. 'in full swing'?
And I was simply 'lured into the net' - with that
fraudulent BEAVER DAM suit? |
What, if I had started with
a lawyer?
What, if I had
started with a lawyer, from the very start, instead of
going 'pro se', when I was
first sued over BEAVERS?
Would the expectations
of the outcome
have been any different?
Of course. Every lawyer tells you that you need a
lawyer. So does every judge (who of course also is a
lawyer)
And everybody on the street is afraid NOT to have a
lawyer.
Because everybody is scared of lawyers.
And every lawyer needs people who believe they need
lawyers" - how else can lawyers make a living?
Now wait a minute - what
does this say?
This says that the
expectation, of the outcome of a
dispute, upon a fixed set of
facts, depends upon how, or whether, one
is "represented"!
That is a hell of a state of affairs, of the state of
"justice" - when looked at in such a simple light.
Stated another way, "how much justice can you afford?"
It is also, of course, a measure of just how much evil,
an evil lawyer, or evil court can do, and how easy it is
for such to be the case.
Sideline:
In ancient Greece, it was ok to have someone "speak" for
you, but he could not "charge" for it. Romans somewhat
"pretended" themselves around this little problem.
Greek law - regarding 'being paid' - of course made it impossible to establish
"lawyering" - as a profession.
History of the legal profession - Wikipedia
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Just what did David Westfall know?
Just what did David Westfall know about how they
"do" justice in the Van Zandt 294th District Court - at
such time as he sued me - in the 294th?
Westfall suit against me - in the 294th
And how did Westfall come to know?
Westfall found out - as then being my lawyer
" 1. This action arises out of a
scheme round and about the 294th District Court
in Canton, Texas (''Wallace's Court") in which one or
more of the Defendants attempted to "enrich" themselves
by using their relationships in the Court
to extort legal fees,
moneys, and other valuable things, by the use of
fraudulent documents, arguments, and
corrupt Court process
as weapons for malicious prosecution.
" 2. When in 1995 Defendant Ray entered a totally
fraudulent Cause against Birnbaum, he was well aware of
the availability to him of
others round and about Wallace's Court
who he knew could and would participate with him to make
Birnbaum pay.
" 4. When Birnbaum started complaining about Ray's
fabrications, the whole Court process upon Birnbaum
became a "must win" enterprise to send a message to
Birnbaum and the community
as to what happens when someone starts
complaining in Wallace's Court and
does not pay up front."
Details:
Birnbaum vs Ray, Wallace, etc,
civil RICO suit as brought by G. David Westfall, Dallas
Federal Court
Also:
Collins vs Parrish, Wallace, Gohmert, etc civil RICO
suit as brought by G. David Westfall, Dallas Federal
Court
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Just how did this all
"happen"?
Did NOT just
"happen".
G. David Westfall planned it this way.
And the local "thems" were of course already in
their "will no one rid me of this turbulent priest" mode
- with their BEAVER DAM SCHEME upon me.
With "thems" fully welcoming the incoming executioner
knight - G. David Westfall.
Exactly as I thus pleaded in my
Answer and Counter-Claim - to G.
David Westfall fraudulent suit upon me.
And executioner knight -
"visiting" judge Paul Banner - arriving shortly
thereafter.
Here, directly from my
Answer and Counter-Claim -starting with the very FIRST paragraph:
" 1. This never was an honest "collection" suit, but a
full-blown racketeering
scheme being executed within full view
of this Court as evidenced by the documents already
before it.
" 2. All the elements of "Civil RICO" are met. The
association in fact of "The Law Offices of G. David
Westfall, P.C." and "G. David Westfall Family Farms" is
an "enterprise"
as defined in 18 U.S.C. $ 1961. G. David Westfall,
Christina Westfall, and Stefani Podvin are RICO
"persons" as defined there,
conducting the affairs of this
"enterprise", and are and have been
participating and conducting by a
"pattern of racketeering activity"
by personally committing or aiding and abetting the RICO
requisite "predicate acts"
Birnbaum vs Westfall - civil RICO
counter-claim, to G. David Westfall fraudulent suit
against Birnbaum
"when 'thems' do - as mobsters do - 'thems' ARE
mobsters"
"robbery by any other name - is still ROBBERY"
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20.
But for Judge
Louie Gohmert
hissy fit in Dallas Federal Court"

"But for Judge
Louie Gohmert hissy fit before federal Judge Jorge Solis -
all this bad JUDGE PAUL BANNER stuff upon me -
would NOT have been"
- details below
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21.
"going up the line"
Texas 294th District Court of Van Zandt County
$62,885 and $125,770 Court FINES:
"WELL-INTENTIONED"
- as caught by the court reporter
ALL VENOM - as in the $62,885 FINE
ALL VENOM - as in the $125,770 FINE (2 x 62,885)
suit against me - was for "unpaid open account" No
such account ever existed
FALSE jury instruction and questions - ALL FRAUD
2.
Texas
Dallas 5th Court of Appeals:
Brief for Appellant
Appendix Vol 1
Appendix Vol 2
Motion
for Oral Argument
Motion
for Judge Banner to make Findings
Exactly HOW Judge Banner's Findings are an
"ex-parte" FRAUD
Judge Banner's Findings
Opinion of the Court
Notice of
Denial of Appeal
Petition for rehearing en banc
Notice of Denial of Rehearing
3.
Texas Supreme Court
Petition for Review
Appendix
Notice of Petition DENIED
Motion for re-hearing En Banc
Notice
of Motion for re-hearing DENIED
4.
US Supreme Court
Petition for Writ of Certiorari
- my appeal to
the US Supreme Court Notice of Denied
5.
Other complaints / petitions / etc. about Judge Paul Banner
- incomplete
Criminal complaint
Petition for Writ of Mandamus
Petition for Declaratory
Relief
Criminal complaint
Before Judge
John McCraw (court audio) - good law in here
Before Judge Banner
(court audio) - good "how the cow eats the cabbage"
My physical cry for HELP - before the court (court audio)
judges etc
I have been before / complained to
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"How the Cow eats the Cabbage"
where the phrase comes from
Notice to
"The "Powers that
Be" - time to stop this crap
Same - Notice to "The Powers that Be" - as email
Notice of Intent to
Confront the Court"
Why I need to get them to
arrest me
Synopsis of Evil - The Emperor has no
Clothes
They have been publicly put on Notice -
AUDIO
Criminal Complaint - re Judge Banner - to 2003 DA Dixon
Criminal Complaint - re Judge Banner - to DA Martin
Criminal
Complaint - re DA Martin
* * * *
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Guide to this
site
1.
Use <CTR> < +,- > to adjust text / display size
2.
See my
www.OpenJustice.US for
MUCH, MUCH more. (do a <CTR> + <F> there for the word / name)
3. NOTE: Sometimes I have provided a "hyperlink" to a "bookmark" in this
"other" site. Use the browser <BACK> button to get back out of there.
Sometimes takes SEVERAL <BACK>
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The damn Beaver Dam Suit against me - key documents
Before
this fraudulent
"BEAVER
DAM" suit upon me, I was
peacefully RETIRED on my farm, taking care of my cows and invalid 90
year old mother,
and had only known the courthouse from getting LICENSE PLATES! |
My neighbor Jones' complaint
- was about BEAVERS
His shyster lawyer sues me
- for ME wrongfully and unlawfully "building
and maintaining" a dam in violation of Section 11.086 of the Texas Water Code.
ALL FRAUD.
(he can't sue me over BEAVERS - they are not my beavers - so he simply
changes the facts)
Sheriff's Deputy Report
- on day suit served on me
Private Investigator Report
- and related "stuff"
Van Zandt Courthouse Beaver
Dam Scheme -
before this I had only known the courthouse
FROM GETTING LICENSE PLATES
I complain of fraud
to Judge Wallace
Harassing deposition by Canton Attorney
- look at the exhibits at the END - then search for "Christmas" - in the
document. Would be funny - if it were not so sad.
Jury trial exhibits -
lots and lots of photos
Trial Transcript
- of the all-week jury trial
Court's Charge - Judge Zimmermann gives fraudulent instructrions and questions
to the jury. Even then, the jury finds ZERO damages (unanimous verdict)
The fraud just keeps
on going
- This "string" of filings shows where despite having gotten a ZERO from
the jury, both attorney Ray and Judge Zimmermann - are still trying to
pin $10,000 in LEGAL FEES against me. ALL FRAUD. Not a "winning
party".
This may have been a LONG time ago - but it was what directly allowed
attorney G. David Westfall - and Judge Paul Banner -
to fall and prey upon me.
An adventure into the skeleton closet of our court circus.
new
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Joint Motion for Dismissal - just ONE of my many
attempts to pound some sense into my neighbour's head. The much
discussed "Christmas Card" - was another.
Cover of card
Inside of card Envelope
of card Search for "Christmas" in the
trial transcript,
also in the earlier
harassing deposition
Another attempt at Jones - and letter back from his
attorney. Just for the record - an attorney may NOT directly contact
another attorney's client - but there is nothing keeping me - a
non-lawyer - from directly talking to my neighbor.
Let us get out of this stinking courthouse - again pleading with
my neighbor - to get ourselves OUT - that his very LAWYER - is bleeding
him:
BILL JONES:
"Richard Ray screwed up you case from the beginning,
with his preposterous claim of you having told him that I was
"building and maintaining a dam". Then he kept you
tied up at the Courthouse for FOUR YEARS, and took from you at the rate
of $125.00 an hour."
I asked for trial by jury, which should have come as no surprise. But
Richard Ray telling you that it was I who was holding you up in Court,
by asking for trial by jury, is a BLATANT LIE!
Richard Ray could have gotten you out of the Court at any time, because
I was not seeking any damages. Richard Ray could have gotten you out of
the Court simply by him getting out, and that would have ended it.
That is what he has been hiding from you for FOUR YEARS!
Let us escape this Courthouse, by a simple handshake, and make it
official by our signatures on the attached "Joint Petition", and both
walking up to judge Zimmermann and jointly asking him to order Richard
Ray to return the
legal fees he has wrongly extracted from you. Richard Ray has kept YOU
from talking to the judge for FOUR YEARS. etc
Let us get out of this stinking courthouse |
Hearing Entry of Judgment"
- hearing after hearing to assess
"legal fees" against me. (legal fees recovery NOT even available for
suit under Texas Water Code - and certainly NOT a "winning party"). I
finally resort to hiring a local attorney - to pound some sense into Judge
James B. Zimmermann - to no avail.
The Beheaded Calves - Dallas
attorney G. David Westfall comes on the scene - and unbeknownst to me at
the time - starts soliciting me to become my lawyer
G. David Westfall sues Judge Zimmerman, etc. etc.
, under "civil RICO" - for engaging in a "pattern of
racketeering activity"
- with the "beaver dam scheme"
Judge Zimmermann "recuses" himself
- off the case - without ever pronouncing or signing any judgment
Things keep rocking along -
Attorney Ray still pushing to get his $10,000 in attorney fees
Bill Jones DIES - the "nominal"
BEAVER plaintiff. Attorney Ray is "free lancing" ever after
A potpouri of judges
Fraudulent "judgment of affirmative injunction"
- despite lawyer NOT having been a "winning party" (ZERO damages),
the matter of injuction NOT having been submitted to the JURY, i.e. NO
FINDING of "imminent and irreparabe harm", Judge Ron Chapman NOT having
been the trial judge, therefore CANNOT sign ANY judgment of ANY KIND,
and Judge Chapman NOT having heard an IOTA of the case!
Petition to set-aside "judgment of affirmative injunction"
Emergency
Motion for Relief from TWELVE Giant Van Zandt County Hogs -
such hogs interfering with my court-ordered surveillance of Steve's Creek |
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The damn Beaver Dam Suit against me - short narrative
"if the law does not fit - - just change the
facts" |
My upstream neighbor, retired military, captain I believe, then bank
loan officer, then pet shop owner, goes
to war with his BEAVERS.
DYNAMITES a fifteen (15) foot section, of their four (4) foot dam, of
their ten (10) acre lake, and flushes the whole MESS down upon and
across my farm.
And afraid the "overgrown rats" would come back, wants to DYNAMITE on my
downstream creek.
Permission denied. Problem was in his head. No more BEAVERS. He had
solved HIS water problem - all by HIMSELF - on HIS property - by clearing out HIS beavers.
|
His shyster lawyer, seeing two old codgers, and lots of "legal fees" -
and knowing natural beavers do not give him a "cause of action" -
simply
changes the facts.
Sues me for violating Section 11.086 of the Texas Water Code, for me
having been and
presently being the cause of my neighbor's flooding - by having "built and
maintained" a dam, and wanting the court to ORDER me to remove such dam,
and seeking $10,000 in damages.
All fraud. No such dam, No such flooding. I represent myself "pro se",
i.e. self-represent, i.e. have no lawyer.
All week jury trial. Unanimous verdict of ZERO damages.
Judge James B. Zimmermann, nevertheless, wants to put $10,000 in
attorney fees against me, and an injunction to force me to remove my non-existent
dam. |
Judge Zimmermann had hearing after hearing after hearing - always
telling me he was going to enter judgment against me for $10,000
attorney fees.
And finally, out of desperation, I picked a lawyer - at random - out of
the Tyler telephone directory - he told me to file a motion for a "take
nothing" judgment, even gave me an example filing - and did not even
charge me. He must have felt real sorry for me.
But no luck with Judge Zimmerman. So I hire an Athens attorney, pay him
$2500 - and he does a bang-up job before Judge Zimmermann - but again no
luck. |
THE CALVES - - what really went on - - real
simple
The Beheaded Calves -
how G. David Westfall became my lawyer
G. David Westfall would be the one to later
sue me
(Use <CTR> < +,- > to adjust text / display size
/ image below)
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THE CALVES - - what really went on - - real
simple
The Beheaded Calves - how G. David Westfall became my lawyer
G. David Westfall would be the one to later
sue me |
Living with me at the time was my invalid mother, aged 93. A friend,
Michael Collins, whom I had come to know through visiting Judge James B.
Zimmermann always hearing both of our cases on the same day, was also
living on my farm in a little trailer he had moved in. I had also let a
local young man, not living on my farm, bottle feed some dairy calves at
my barn.
Early one morning, the fellow banged on my door, to tell me that the
heads of some of his calves were cut off, that there were no heads
around, and no blood either.
Someone must have contacted the sheriff - and it seems like everybody
came out - the newspaper, then constable C.B. Wiley, the speculation being that it was connected to
DEVIL WORSHIP -
and the whole shebang made the front page of the Athens paper - with a
full-color picture of the beheaded calves - and my name and Mike's.
WESTFALL SUPPLEMENTAL STUFF:
(These are old archives. Links therein no longer work)
Westfall CONVICTED of ANIMAL CRUELTY - for STARVING his COWS
Westfall, as "DR. WESTFALL" - as "founding director" - in big CATTLE
"investment project" - in BRITISH GUIANA.
Westfall - running all over the World - supplying PRIZE BULL SEMEN -
from his "prize" Brahman herd
This stuff ALL in hindsight. If I had known at the time, I surely would
NOT have retained Westfall !!!!
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A few days later, I received a call from a Kathy Young, trying to get in
contact with Michael Collins, and I relayed the message to him.
Kathy told Mike, that a big-time Dallas lawyer wanted to meet with him -
and would drive the 70 or so miles from Dallas - if Mike would drive out
to Kathy's place in adjacent Henderson County, about 10 miles south of
my farm and Mike's trailer.
And so Mike came to meet that very night with who turned out to be G.
DAVID WESTFALL - who would ultimately become Mike's lawyer - and
ultimately mine also - and ultimately sue me.
Neither Mike nor I had ever even heard of Westfall or Kathy. Nor did I
know - at that time - why Mike, Westfall, and Kathy came to meet in such
manner, so suddenly, and on such a cold rainy night.
Westfall, I much later learned, had been convicted of animal cruelty - for starving a whole
bunch of his cows. That is why the beheaded calves might have caught his
attention.
And I NOW know, just exactly HOW the calf mutilation story got to
Westfall: A local man read the story, and passed it on to his
sister, who was a criminal defendant with G. David Westfall as her
lawyer.
|
I
NOW know that G. David Westfall's motive was NOT Collins, nor the
beheaded calves, nor money at that moment, but he was URGENTLY
trying to ingratiate himself with JUDGE JAMES B. ZIMMERMANN - by helping
ZIMMERMANN get out from having royally screwed up - with his all week BEAVER trial
- with Mr. Birnbaum still making loud noises - - -
- - - and now DEVIL WORSHIP - with a
full color front page spread in the Athens Review!
After Westfall ultimately became my lawyer, he wanted
me to DROP Judge Zimmermann as a defendant, Westfall telling me not
only was Zimmermann his friend, but because "you will actually have a
stronger case that way" - - - because Judge Zimmermann is so highly respected.
And in Collins' suit, when Westfall became Collins' lawyer, Westfall also wanted
to drop Zimmermann out of Collins' suit, same reason given, and Collins
did indeed let Westfall
drop Judge Zimmermann.
MY lawyer working for the OTHER side - although I did not recognize it
at the time. |
The fraudulent Westfall legal fee suit against me - key documents
G. David Westfall was claiming an "unpaid open
account"
There was NO SUCH ACCOUNT at all |
Westfall retainer agreement
- a mere "memorandum of
our understanding" - as the document so states,
regarding "expectations" - re my non-refundable $20,000 pre-paid
The federal Civil RICO suit Westfall filed
Westfall fraudulent "unpaid open account" suit - no such
"open account" ever existed
- there never was a "debtor/creditor" relationship.
Was $20,000 non-refundable pre-paid.
Westfall First Amended - now actually sworn.
Deposition of Westfall - Westfall has no
accounting at all - VIDEO - A "must watch" of a lawyer
squirming
TEST ONLY - via Vimeo
Deposition of Westfall - "running in the
red" -VIDEO - His supposed "systematic records" - does
not notice a $18,121 "hole" - for SIX months!
Westfall amends his suit - now adds sworn
affirmation as required for a "sworn account" suit
Motion to Appoint an Auditor
- Judge Banner refuses to appoint an Auditor as he is required to do per
Rule 172 - with TWO diametrically opposed AFFIDAVITS.
Supplement to Motion to Appoint an Auditor
Petitition for Writ of Mandamus
- to the Tyler 12th Court of Appeals - to make Judge Banner appoint an
AUDITOR.
Judge Banner gives fraudulent jury instructions and questions
to the jury
- does NOT submit issue of whether an "open account" even existed. Details in
my mark-ups
Plaintiff's requested jury questions -
even these were already fraudulent. But at least asked whether
I FAILED to do anyting - instead of Judge Banner fraudulently
INSTRUCTING the jury - that I HAD.
Birnbaum's Objections to Judge Banner's fraudulent jury questions
- handwritten and FILED then and there on the spot..
Closing Argument. Lawyer Frank C. Fleming paints me
as a CRAZY - equating me to John Nash in "A Beautiful Mind". I did
not recognize what he was doing - not having heard of the movie - and
the lawyer not referring to John Nash by name.
There had of course been no evidence - to crazy.
Incidentally - John Nash received a NOBEL PRIZE. |
Judge Banner FINAL JUDGMENT -
says
"FINAL" - "All
other parties to this lawsuit having been dismissed previously by
summary judgment rulings of the Court", Also:
"All other relief not expressly granted in this order is hereby denied."
YET THINGS KEEP ON GOING - CRAZY MAN CRAZY.
Motion for Sanctions with my Response - to get the Justice
Department involveded
Judge Banner imposes $62,885 FINE -
and "awards" it to Westfall's WIFE and
DAUGHTER -
both of whom he had
LONG AGO DISMISSED. Also, this was a JURY case - NO JURY HERE!
And they came back AGAIN, over TWO years after that, and got
themselves
ANOTHER $125,770. CRAZY-MAN-CRAZY
Judge Banner makes CYA "Findings" -
to conceal his unlawful $62,885 FINE.
Judge Banner real reason for his $62,885 FINE -
as caught by court reporter
- as PUNISHMENT for me having made a counter-claim - a First Amendment
Right - and a "civil RICO" at that.
Judge Chapman imposes
ADDITIONAL $125,770 FINE - for me complaining
about the Judge Banner $62,885 FINE - and for "a delusional belief
held only inside the mind of Birnbaum", etc. etc. ad nauseam.
AND "AWARDS" IT TO THE SAME LONG AGO DISMISSED PARTIES.
THIS WAS TWO
YEARS LATER!
AND AGAIN - NO JURY HERE. CRAZY.
THIS MAKES THIS THE THIRD JUDGMENT.
(There can only be ONE!)
HERE ARE THE
"ABSTRACTS OF JUDGMENT" - placing LIENS against me - on each of the
THREE "judgments" - ALL FRAUD
HERE ARE THE
"WRITS OF EXECUTION" - sending the sheriff to seize
property - on each of the THREE "judgments". (There can be only ONE
judgment in a case. This mess has THREE.
"Happy April Fools Day"-
my recollections
upon the insane April 1 recusal hearing, the $125,770 FINE, the $62,885
FINE, the Westfall fraud, etc.
Abstract of Judgment - upon
Judge Paul Banner unlawful $62,885 FINE. Can't do abstract of JUDGMENT -
on an ORDER.
Writ of Execution
- send a sheriff with a gun
Petition for Declaratory Relief to the Tyler Federal Court
w Exhibits - for relief from
Judge Paul Banner $62,885 unlawful sanction.
136 pages of court "stuff"
|
Application for Writ of Scire Facias to Revive
Judgment (This "judgment" - was never
a judgment)
Hearing to Revive Order -
AUDIO -
real "scrappy" hearing before Judge Paul Banner. Insane "revival" of an ORDER. ORDERS do not go "dormant". Assignment to pass out PUMPKINS
Hearing before Judge John McCraw -
AUDIO
-
me complaining
about Judge Paul Banner - good case law in here. Well worth listening
to - several times over!
PDF
Complaint at the District Attorney -
AUDIO
- The investigator threatened too "personally put the handcuffs" on me -
if I had "made all this stuff up" - then he disappears.
Again at the District Attorney - AUDIO
- When I did NOT hear back from the investigator - AS HE HAD PROMISED -
I went back again. Listen to this carefully - why did he NOT act upon my
complaint - or "personally put the handcuffs on me" - as he threatened -
if I had made a false report to him.
Inquiry at our JAIL - AUDIO - my "just for fun" inquiry
- about the "services" they can supply.
Van Zandt Courthouse Beaver
Dam Scheme -
before this I had only known the courthouse
FROM GETTING LICENSE PLATES
Texas Law Question re judgments:
(hanky-panky against me) - my question to
justanswer.com on the internet - cost me $60 or so - gave me a very good
"teaching". If you look at all the back-and-forth - they had to get a
SECOND lawyer! But they "feature" my question, and their ANSWER! (this
is a link to their current web URL)
Texas Law Question etc - in case www.justanswer.com web posting "goes
away".
As Windows 7 'snipit' capture to JPEG.
As "web page
complete html" capture. (may not work)
LATEST
MY "ONCE-AGAIN" TRY -
AUDIO - so that I will NOT again be forced - to
make a SCENE - to get the attention of this court.
AUDIO
My prior try to force 'thems" - to ARREST me
(AUDIO). (self explanatory - 1 minute audio)
Why
I need to get them to ARREST me (this link here for handy reference).
My follow-up
e-mail - to my today's (1-7-2020) "once more try".
|
The fraudulent Westfall legal fee suit against me - short
narrative
G. David Westfall was claiming an "unpaid open
account"
There was NO SUCH ACCOUNT at all. |
This suit against me, was by MY OWN lawyer - whom I had retained because
of the Beaver Dam matter.
Or rather, by my own lawyer - who had PRESSED HIMSELF upon me -
unbeknownst to me at the time.
Westfall
did have me sign a retainer agreement, or rather a "letter
memorandum of understanding" - regarding billing and accounting - re my
$20,000 PREPAID retainer.
However, in depositions, when I questioned him,
Westfall flatly
stated that he had NEVER "promised anyone that they would be billed
monthly".
And even after having the document open right in front of him -
Westfall would
NOT admit that he had indeed promised to "bill me monthly".
This raises TWO issues:
1. If Westfall indeed never routinely promises anyone that they will be billed
monthly, WHY would he not only TELL me he would, but indeed put it ON
PAPER?
2. And at depositions, confronted with paper, why would Westfall insist, that
he had not promised, that he would
bill monthly.
Monthly billing is of course normal procedure - on ANY account - if for no other reason that that ERRORS can be timely
corrected - and FRAUD by BACKDATING - as Westfall had
done - precluded.
|
Then of course there was no ACCOUNT established by me retaining
Westfall, with my non-refundable $20,000 pre-payment, and NEVER a debtor/creditor relationship.
And certainly no OPEN ACCOUNT as he sued me for, i.e. a '"systematic
sales and delivery" of "goods or services" - like between a house
builder and lumber yard - the lumber yard always bringing "new stuff" -
and the house builder always paying off on the "old stuff".
So WHY did Westfall promise ME - on paper - that he would bill me monthly -
and also promise - on paper - NOT to charge me any large amounts -
"without my approval"?
Very simple. Westfall knew I was not stupid, and that I would NOT sign any
agreement,
WITHOUT such assurance in there.
Short Tutorial on Due Process and "Suit
on Open Account"
1. A suit on "open account" - is something very special. Per the rules
of procedure, if I had not denied Westfall's claim - UNDER OATH -
Westfall's numbers would have been
"deemed" true - and I would no longer be allowed to deny such account.
2. Westfall's initial filing of his "open account" suit did NOT include
an AFFIRMATION under oath. Westfall attaching such affirmation - would
of course have tipped me off - that is why he did not attach such, nor
"The Bill" - which he would later produce, as well as an affirmation. |
3. Under this "state of affairs" - of TWO diametrically opposed
affidavits - Judge Paul Banner was REQUIRED to appoint an AUDITOR - "to
make a finding for the Court" - of the "state of the account" - FOR THE
COURT.
4. Judge Paul Banner not only REFUSED to appoint such, but even
REFUSED to RULE on my motion to appoint such auditor.
5. I therefore filed with the 12th Court of Appeals in Tyler for a Writ of
Mandamus - to make Judge Paul Banner appoint such auditor.
6. Judge Paul Banner appointing an auditor, would of course have
stopped the Westfall fraud in its tracks - and precluded the Judge Banner fraud of
fraudulent instructions and questions to the Jury.
7. And precluded the $85,000 judgement, the $62,885 sanction, and
the $125,770
sanction.
8. AMEN - for now. Enough said - for now. |
solved
G. David Westfall's dark
secret:
new
G. David Westfall was MY VERY OWN
lawyer, who got himself close to a million dollars against me in
"legal fees"
p.s. Has not gotten a penny out of his "win". Is not going to either.
Deceased - run over by his own tractor
Why would Dallas attorney G. David Westfall dare to file not only ONE,
but TWO federal racketeering suits
against a dozen or so judges
that he had every expectation
to be BEFORE again?
No lawyer in his
right mind would do such - unless?
So what goes?
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Very short background:
G. DAVID WESTFALL was
the Dallas lawyer, who unbeknownst to me at the time, had
actively solicited me through one of his "lady clients" working
off her legal fees at Westfall Family Farms.
Such introduction to Westfall was by reason of Westfall having
come across the newspaper article on the BEHEADED CALVES at my
farm.
WESTFALL introduced both me, and a MICHAEL COLLINS, a pauper who
was living in his little trailer he had parked on my farm, to
RICO and civil RICO, and urged both of us to file civil RICO
suits against the Van Zandt "thems" as were upon both me, and
separately, upon Collins.
WESTFALL urged both of us to do so Pro Se, i.e. without a
lawyer, that he would "advise" us, and come "on board" if it
became necessary.
WESTFALL pointed us to Civil RICO Practice
Manual, by Paul Batista, even paid for a Dallas Library
charge card, so I could make copies.
|
G.
David Westfall becomes my lawyer:
As a starter, Westfall "helped" Collins, with a slip-and-fall
case that Collins already had against Walmart in Kleburne, Texas.
Then Westfall took over fully.
Then, somewhere around this time, both Collins and I filed our
Pro Se civil RICO suits in the Dallas Federal Court - against
some of the same "thems" in Van Zandt County.
Then as the Attorney General appeared in behalf of the "judge
defendants", and as the fur started flying, and one of Collins'
defendants, Judge LOUIS B. GOHMERT (now US representative Louie
Gohmert from Tyler, Texas), appearing as a Pro Se, filed a
Motion for Sanctions against Collins, and became ever more
vocal.
Thereupon Collins somehow talked Westfall into taking
over, despite Westfall knowing of the already filed Motion for
Sanctions, and despite Westfall knowing that Collins had no
money, and Collins and Westfall signed a representation
contract.
Just TWO days later, Westfall also became my lawyer, as I paid
him a $20,000 non-refundable retainer "to make time available".
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My civil RICO lawsuit - sort
of quietly disappears:
Here is some of the wallpaper stuff. The documents show, and
Westfall tells me, that my our judge, Jerry Buchmeyer "never saw
your case", and when Westfall would not do anything about it, I
fire him. The filings - all as one. In somewhat chronological
order.
Collins' civil RICO lawsuit -
on the other hand, blows up in Westfall's face:
As detailed elsewhere on this site, Both Collins and Westfall
get SANCTIONED $2500 EACH.
With Judge Jorge Solis stating "How an attorney as Westfall,
etc.
The Fly in the Ointment -
JUDGE LOUIS B. GOHMERT
"The Fly in
the Ointment", of course was Louie Gohmert, who unlike the
others, took things as a PERSONAL affront, and would NOT accept
that anyone suing judges is a no-problem: "let them wear
themselves out" - we all know how to handle this kind of stuff.
"let them wear themselves out". NO PROBLEM.
Conclusion - and damming indictment of the system
G. David Westfall, in filing these civil RICO lawsuits, was
after the $20,000 he weaseled out of me, was setting me up for a
suit for ADDITIONAL legal fees, fully NOT expecting a
hissy fit
by the likes of LOUIS B. GOHMERT - before rising to
the top of the BANANA wing of our House Congressional Republicans.
AMEN |
But first - a little bit about me
as an intro - to my later on
"opinions" - on our courts - and everything else under the sun
UDO BIRNBAUM - Defendant
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Elementary school, Triangel, Germany, view down village main street.
Two-hole outhouse across the street on the left. Athletic field (two
wooden goal posts) just behind outhouse. Hand water pump just behind the
railing, lower right. Picture taken 1968 - on a side trip while on
field service for Texas Instruments to Messerschmitt
Aircraft, Munich, Germany. Picture via scan off a 40 year old Kodachrome
36 mm slide. |
Elementary school, Triangel, Germany. Teacher lived in the school house,
taught all 8 grades, in the same room, all at the same time! We had no
books, paper, or pencils, wrote on slates which would be wiped clean
again - with WATER. Some of the kids would bring in some of the local
peat - for heating. The refugee kids would be served some soup - into
tin cans. Approximately 20 students. Class half day only, including
Saturday. I went here through 4th grade, 1947. The mottled trees are
birches, a northern tree. |
Me, 1947, in Germany, two years after the war. Had just started fifth
grade in middle school in Gifhorn, Germay, 4 miles away, then population
5000 or so. Now 40,000 or so, because of Volkswagen headquarter in
Wolfsburg, 10 miles or so away.
In summer we would go by bicycle, on foot in winter with all the snow, and not at all
when it was impossible outside. |
From my coming book
how I came to America as a 13 year
old |
The long way to Germany An introduction about how I came to
grow up in World War II Germany
The flight home How I came to
America
as a 13 year old, speaking hardly any English
Triangel
Our tiny German little village. No cars, radio, telephone, ice box. Just
on foot and bicycle. But it kept us safe.
Winter
German winters were long and dark. Northern Germany is at the latitude of
Hudson Bay, Canada.
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Food Some of the ways we supplemented the ration cards -
rabbits and our garden. My father had dug up everything - to plant
vegetables.
The house I
got moved out of my room - to make room for the many refugees coming to
Triangel. Before it was over, there were about 4 refugee families with
us.
The American troops show up I started learning English
from the GI novels. There were no books! Everybody got kicked out
of the house - we became refugees ourselves - in a single room at a
neighbor.
CARE packages Americans could for $10 send food
packages to war torn Europe. |
Middle School I hated
religion classes in school. We had religion class - once a week - with
that teacher coming in by bicycle.
Harz mountains
One of my first school trips after the War. The
Russian Zone.
To the American consulate in Hamburg A frightening nighttime
trip by train. Just learned via the marvels of Google - that this was
because of "hamster trips" - all the people from the big cities
going into the countryside - to work or beg for food. |
a little bit more
"survived Hitler", but done in by a damn
BEAVER DAM SUIT - and crooked judges - in AMERICA
UDO BIRNBAUM - Defendant
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My farm in Van Zandt County:
Both of my parents, then aged 86 and 80, had helped pay for my house
and moved in with me on my farm. We would go visit with my
neighbor who was the one who would ultimately sue me over
BEAVERS.
We would all sit at the little area near the pier of his catfish
pond, which he had built up on his hill, with water being pumped
up from his property where beavers were damming up Steve's
creek, the little creek coming from his place onto my property.
Mr. Jones was real proud of the baby catfish he was raising,
till one day I tried to show him that these were NOT baby
catfish - but TADPOLES. To him they were catfish - and I found
myself forced to immediately change the subject. Enough said.
But Mr. Jones did help me put in about 400
feet of pvc pipe down to my stock tank, much like he had done
down to his beaver dam.
He also gave me the ringneck pheasants he had been keeping up by
his house. Talk about WILD and CRAZY birds!
I myself had all
kinds of things running around, geese, ducks, pheasants,
guineas, quail, bees, catfish, cows, calves, dogs - plus
several gardens between my father and me - and the two of us
planting trees all over the place.
In the meantime my father had died at the age of 93 and my
mother aged 90 had become an invalid - and I had not talked to
Jones for several years - till he called, all exited -
complaining about BEAVERS.
At that time I was tutoring about 12 neighbor homeschooling kids
- grades 6 to 12 - but only in science and math.
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My farm in Van Zandt County
(cont'd)
We would meet
at different homes during the week - and these kids and their
parents would be the ones I took out to the alleged BEAVER site
- Jones' crazy lawsuit in hand - and reality out there for
everyone to see - and these kids would show up in all of my
court trial exhibits.
I was also at the time bottle raising about 60 dairy calves.
Incidentally, without my knowing it, one of the parents I had
taken out on my "field trip" - confronted Jones about his crazy
WATER CODE suit - and Jones told him - that he had NOT told any such
to his lawyer - and that his lawyer had told him, that he would
"take care of it".
Growing up in Germany:
I grew up as a child in Germany - as a German - 8 years old at
the end of World War II, 13 years old when I came to America,
hardly speaking any English.
But we missed ALL of the war, never went hungry, lived off
RABBITS and our large garden, never saw anybody hurt or bombed.
Never saw a German soldier, anyone in boots or
uniform, marching music or propaganda. We had no
radio, no telephone, and no news.
Later on we had had about four refugee families
come live in our large house - and the little
newspaper - we would alternate as to who would
ultimately be using it for TOILET PAPER!
The young men were of course all away at war - but who notices that
as an 8 year old? |
Growing up in
Germany (cont'd)
And I did not know, at the time, that I had been born in
Houston, Texas - when my parents were over here in the 20's and
30's - finding oil fields!
It was, of course, wise NOT to tell me about
America, certainly NOT with Hitler running
around!
And the one, who my dad had worked for in Houston, before my dad had
gone back to Germany in 1938, who had become a millionaire -
when it still meant something to be a millionaire - would be the one to pay the bill
for bringing us back to the good old USA, and "sponsor" us - so
we would not become a burden to the taxpayers.
School - Houston and Dallas:
At Houston Deady Jr. High, they put me into the eighth grade and
into
a remedial class.
At Houston Milby Senior High I would be co-valedictorian of a
class of about 400.
At Rice Institute (now Rice University) I would graduate magna
cum laude with a degree in electrical engineering.
Then on to Dallas and Texas Instrument, field service to Saigon, South Vietnam, then a career designing
several integrated circuits - part of the "hardware" visited
upon Saddam Hussean in the First Gulf War.
Then sometime later I bought a farm in south Van Zandt County, with my
parents moving in with me.
Then, in my dodage years - BANG - the DAMN BEAVER suit.
But, at least, avoided Hitler. |
* * * * Time Out * * * *
time for a short recap |
The BEAVER dam lawsuit on me - that is simple to
explain - pure barratry.
Pure inciting litigation - KNOWING that his client did
NOT have a cause, as indicated by the lawyer NOT filing
a lawsuit upon BEAVERS.
"If the law does not fit - simply change the facts"
So WHY did he think he could by with this?
If I would have gotten a lawyer - my lawyer would have
also filed some papers - and between them they would
have ultimately buried Mr. Ray's fraud.
Mr. Ray certainly had no expectation of me NOT getting a
lawyer, paying the JURY FEE, and me LEARNING as quickly
as I did, and winding up in an ALL WEEK trial!
And Judge Zimmermann having hearing after hearing after
hearing to impose $10,000 in attorney fees against me,
despite a unanimous verdict of ZERO damages!
And after I finally retained a lawyer, Judge Zimmermann,
Mr. Ray, and my lawyer had seance after seance at the
bench -
And my lawyer approaching me, telling me that if I were
to offer something like $2500, that Mr. Ray might settle
for that.
That is where attorney G. David Westfall enters upon the
plot.
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The G. David Westfall "unpaid open account"
lawsuit on me - that is a little harder to explain.
And certainly NOT of the "ordinary barratry" type.
More like PLANNED ROBBERY - using his "participating in
the affairs of an enterprise" - the court being the
"enterprise", such enterprise "affecting interstate",
and his law license as the "means" of "participating in
the affairs", etc. and me being "any person" "injured by
reason of" the violation of etc.
Such of course being the wording of "conduct" outlawed
by the RICO statute.
Such of course was my counter-claim upon Westfall and
his Office staff daughter and wife.
Such claim Judge Paul Banner did NOT let me present to
the jury.
The $62,885 and $125,770 FINES:
REGARDLESS, of what my claim may have been or not been,
these fines are PLUM UNLAWFUL:
1. A court, by civil process (i.e. a civil lawsuit)
cannot unconditionally
punish - as the judges did upon me. PERIOD. US Supreme
Court
2. Can ONLY "sanction" to "coerce" into compliance -
like go to jail till you testify, etc
3. A court cannot punish upon the merit of a case, and
certainly NOT for being "well-intentioned", as caught by
the court reporter.
|
This for ready access - more fully elsewhere on
this site or on my other website
www.OpenJustice.US
- my original "full data" site
www.CourthouseAwarenessNews.com - same site
Van Zandt Courthouse Beaver Dam Scheme - my short
YouTube
"well-intentioned" by Judge Paul Banner
- as caught by the court reporter
unlawful $62,885 FINE by Judge Paul Banner
- Judge Paul Banner CYA
unlawful $125,770 FINE by Judge Ron Chapman
- ravings of a MADMAN
Why
I need to get them to arrest me - to shine some
"light of day" - upon this CRAP upon me
Synopsis of Evil - the Emperor has no clothess
But they have been publically put on notice -
AUDIO - me with my
"batshit crazy" posters - crying for HELP - in our
COURTROOM
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What has Louie Gohmert got to do
with all of this?
he was Judge Louis Gohmert at
the time

But for Gohmert having
thrown a conniption fit in the Dallas Federal Court -
All this bad stuff upon me - would not have been
details as Q/A
incomplete
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As Q/A
- and intro to the "players"
What has LOUIE GOHMERT got to do with all of this?
If it had not been for Judge Gohmert, a certain MICHAEL
COLLINS
would not have gotten a certain G. DAVID WESTFALL as his lawyer -
- and neither would I, UDO BIRNBAUM likewise have gotten such G. David Westfall
as my lawyer -
- and be ultimately fraudulently sued by such G. David
Westfall claiming an unpaid open account for legal fees
against me -
- and come before JUDGE PAUL BANNER -
- and come before JUDGE RON CHAPMAN -
So what exactly is it that Judge Gohmert did?
Short answer - Judge Gohmert threw a conniption fit upon
Mr. Collins, just like Judge Paul Banner and Judge Ron Chapman would
later come to do upon me.
What do you mean by conniption fit?
Well, Gohmert went "postal". When Collins included
Gohmert
as a defendant in his civil RICO suit - Gohmert instead
of letting the Attorney General represent him as is
standard practice upon a judge being sued - personally
went at Collins as a Pro Se.
How did Gohmert personally go at Collins?
INCOMPLETE
Gohmert,
Demanding - as a Texas Judge - that Federal Judge JORGE
SOLIS "hammer" Collins with "all the power his
court can muster".
Gohmert literally pleading (on paper) with Solis -
literally "beseeching" Solis - that Collins is an "imminent
threat", etc - "to this very judicial system", etc.,
etc.
Anything else?
A hissy fit on paper - to state it mildly. An
outright abuse of Gohmert's capacity, abuse of the judicial
system, abuse of the Dallas Federal Court, and abuse of
the capacity of Judge Solis - who would indeed
ultimately severely "hammer" Mr. Collins - just as
Gohmert had demanded.
And how did this cause Mr. Collins to retain Westfall?
Can you imagine any Pro Se, such as Mr. Collins was, so suddenly confronted with such
onslaught, NOT seeking professional advice and
protection?
Any particular reason for Collins to choose
Westfall?
That started with the BEHEADED CALVES at my farm, the
full-page full-color spread on the front page of the
Athens Telegraph, suggestions of SATANIC RITES and DEVIL
WORSHIP, else THREATS and INTIMIDATION, etc.
(Month later, a newspaper article in the Canton, Texas
paper reported, that after a thorough investigation,
that this had been a simple case of someone wanting the
heads for a rock garden. Not simple for me - cause it
got me WESTFALL)
What have beheaded calves to do with Westfall?
Well, just after the article, Westfall had one of his
lady criminal defendants make contact with Collins. Both
my name and Collins' name had been in the paper. But
neither Collins nor I had ever heard of Westfall, or the
woman.
Deposition of Westfall - How
Westfall claims he met Collins - VIDEO
- Westfall says he first met Collins "with Kathy
Young". Kathy Young was of course Westfall's lady
criminal defendant client - whom Westfall had of course
sent upon the beheaded calves matter - to have Collins
meet with Kathy Young in Henderson County - and Westfall
to drive 70 miles all the way from Dallas, to talk to
Mr. Collins! Lawyer lies
Deposition of Westfall - Why Westfall says he never
billed Collins - VIDEO - even though
Westfall says he did more work for Mr. Collins than for
me, Udo Birnbaum, whom he "billed" $38,121.10 .
Deposition of Westfall - Why he "took" Collins in the
first place - VIDEO - or why he did
not just quit. Westfall does not give an answer.
Anything else about Westfall?
As I much later learned, Westfall had been actually
convicted of animal cruelty, for the death of about 50
of his cows
by outright starving them, and that is why the beheaded
calves might have caught his notice.
As I much later came to find out, a Canton man had
come across the article, and passed it on to his
sister, who Westfall also had as a criminal defendant.
That is how Westfall learned about the calves,.
So why did Mr. Westfall want to seek out Mr.
Collins, rather than you?
Beats me. Still a mystery. His lady client of course
having to look up MY name - just to establish contact
with Mr. Collins, whose phone was not yet listed.
Did you or Mr. Collins know Westfall or such
Kathy Young, at such time as they contacted you? No.
Did Gohmert have anything to with you?
No. Only with Collins. Except, as I said, if Gohmert
would not have come out so strongly against Collins -
neither Collins nor I would have had Westfall, etc.
Who is Michael Collins?
Michael Collins was the pauper, who at the time had
parked his little trailer at my farm - at the time of
the beheaded Calves.
Did Judge Gohmert have anything to do - with Mr.
Collins' stuff?
Yes, Mr. Collins and Judge Gohmert had tangled some time
before this.
How did you meet Mr. Collins?
It was at the time of the beaver dam case against me -
with "visiting" Judge James B. Zimmermann setting
several hearings in my beaver dam case - and some matter
that Mr. Collins also had before Zimmermann - always on
the same date.
So what?
Well, soon after Dallas lawyer G. David Westfall had
shown up -
Who is G. David Westfall?
Westfall is the lawyer who got all these judgments and
sanctions upon me.
You said Westfall did more work for Collins than for you
- but he never billed him?.
As I said before, Westfall "took" Collins - to entrap ME
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Some of Gohmert / Collins filings:
More detail to follow
Gohmert Motion to Dismiss
- mildly "bumptious" already
Gohmert Motion for Sanctions
- moderately "bumptious"
Gohmert Supplemental Motion for Sanctions
- "gone postal"
$2500 Sanctions by Federal Judge Jorge Solis
- equating Collins with "the cornucopia of evil plaguing
the judicial system" - and FINING Collins. Hence title
of
Collins' book.
"Cornucopia of evil". A cornucopia is of course a
[ram's] horn of plenty, generally of food and good
stuff.
Just read this stuff. What have these guys been smoking?
Collins Appeal to US 5th COA - Brief
- good law in here
Collins Appeal to US 5th COA - Record Excerpts
- lots of Gohmert and Solis "stuff" in here, as well as Collins'
checks, as Ordered by Judge Solis:
1. $54.30 check to Judge Gohmert, to pay for his paper,
pencils, stamps, etc.
2. $189.97 check to the Texas Comptroller of
Public Accounts, sent to Gohmert per Judge Solis Order,
to be forwarded by Judge Gohmert. (with Judge Gohmert envelope
and stamp, one supposes)
3. $2500 receipt to the Clerk of the Dallas
Federal Court
NOTE: The lady at the window did not even have a place to
put the money in - never heard of such a fine - but took
the money anyway.
Fines - to be paid for the benefit of the Court - are of course patently UNLAWFUL.
One of the legal
opinions outlawing fines - for the benefit of the Court
- raised the issue of what is the
court going to use the money for?
Establish a
private army to enforce such assessments? |
What made all these lawyers and judges do this?
"Why do fire ants sting? Cause that is
what fire ants do!"

Full text - PDF
Permission by author
NOTE: Michael Collins, a
certified pauper, had parked his small trailer on my farm at the
time -
- when Dallas lawyer G. David Westfall came upon us - because of
the BEHEADED CALVES.
Westfall ultimately became my lawyer, promising to "save" me
from that damn BEAVER dam case -
and from Judge James B Zimmermann - by suing Zimmermann, etc. - in
the Dallas federal court
under "civil RICO" - for damages by a "pattern of racketeering
activity".
Westfall also sued Zimmermann - different suit - in behalf of
Collins - also under "civil RICO".
In Collins' suit - both Westfall and Collins - got "hammered"
with a $2500 FINE,
by Federal Judge Jorge Solis, Solis equating Collins and
Westfall
with the "Cornucopia of evil plaguing the judicial system" -
whence the TITLE of Mike's book.
Such "hammering" upon Collins and Westfall -
upon then Texas District Judge Louis B. Gohmert - now US
Representative -
throwing a conniption fit - upon being sued by Westfall and Collins.
Why Attorney Westfall took Collins' suit - despite Westfall
knowing Collins was a CERTIFIED PAUPER,
and despite Judge Gohmert already having put in his Motions for Sanctions
against Collins - - -
There had to be some OTHER MOTIVE - like Westfall setting ME up.
And indeed so Westfall did - entrapping ME - by becoming MY lawyer
- to be able to pounce upon me
with his fraudulent "unpaid open account" suit.
(there was no such account, was $20,000 non-refundable PREPAID - "to make
time available")
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A FINE of $54.30 directly to District
Judge Louis B. Gohmert
and $2500 to be paid directly to the
District Clerk of the Dallas Federal Court
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Judge Paul Banner $62.885 FINE
pronouncement:
Judge Paul Banner, at the Sanction Hearing at which he imposed
the $62,885, pronounced the following reason - and NO OTHER -
for imposing this sanction:
“In assessing the sanctions,
the Court has taken into consideration that although Mr.
Birnbaum may be well-intentioned
and may believe that he had some kind of real
claim as
far as RICO there was nothing presented to the court in any of
the proceedings since I’ve been involved
that suggest he had any
basis in law or in fact to support his suits against the
individuals, and I think – can find that such sanctions as I’ve
determined are appropriate”. (Judge Paul Banner,
Transcript, Sanction hearing)
Parsing this finding:
Judge Banner found that I was
"well-intentioned"
And that his sanction was because there being no merit to
my claim
And that there was no merit because my evidence did not
indeed show my claim - of a violation of the RICO statute upon
me.
Was of course a JURY trial. Why was Banner "weighing the
evidence"?
The Law:
Filing a lawsuit
- ANY claim in court - is a First Amendment Right
A Court, in civil process, cannot punish for the merit of a case.
A Court, in civil process, can only punish for the
CONDUCT of a party.
Even then, such punishment has to be "coercive", CANNOT be
"unconditional", has to provide "keys to own release", i.e. by
complying with some Order, i.e. has to be
"forward looking" - and not upon "past completed acts".
Unconditional Punishment - as in this case - i.e. upon PAST and
COMPLETED - requires full criminal
process - including a finding of "beyond a
reasonable doubt" - by a JURY.
That simple. US Supreme Court. US Constitution.
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What is civil RICO
no 1
What is civil RICO no 2
What is civil RICO no 3
? This from my www.O
only one
private attorneys general
Tafflin
has to go to jury
only issues of fact
go to the ultimate issue of violation
federal courts have pleading requirements
whether these indeed plead a violation
What was in Banner's mind? |
So What?
What CAN I do? What SHOULD I
do. What MUST I do? |
Nov. 18, 2018
I will start a DIARY - sort of
Well - not really. Age 82 is a little late to START a diary.
This will be more like "pulling together" some of the stuff I have on
this website - in the form of annotated official documents - and the
same such as I have on my more mature
www.OpenJustice.US.
That site is a one-of-a-kind twenty (20) year collection of court fracas
that should NOT have happened.
The question that always keeps haunting me -did this happen BECAUSE of
me - or does it ALWAYS go on - maybe at a lower intensity - and "we"
don't recognize it - because it generally does not affect us directly
and personally.
As for me personally, this has been an experience. How is it possible,
to have gone through TWELVE (12) year of high school - with all kinds of
civics classes, FIVE (5) years of college, THIRTY (30) years of
high-tech at Texas Instrument, NOT to have been taught or become aware
of such - until it is too late?
Anyhow, at least for now, in the form of "thoughts" and "reflections" it
will be - to be as tutorial, constructive, and open as I can be.
It is clearly a little late for me to run for office - to have an
impact. So, this form is it- at least for now.
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START - CONSTRUCTION ZONE
OLD DUPLICATE "STUFF" HERE |
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