Our Judicial system is the very foundation upon which our constitutional democracy stands – yet increasingly that foundation is becoming nothing more than shifting sands so easily manipulated by deliberate deception. The sacred concepts of truth and justice have given way to a system in which lawyers win at any cost. Without truth, there can be no hope for justice, and without justice there can be no hope in sustaining our constitutional democracy.
For several weeks now the headlines across the country have told the story of Attorney General Alberto Gonzales being “under the gun” for acts of misconduct within the Attorney General’s Office. Repeatedly it has been found that the Attorney General’s Office has deliberately deceived both Congress and the public in the matter of why numerous prosecutors were fired.
Confronted with this pattern of deceptions Congress has called for formal hearings to discern the truth only to have President Bush obstruct their proceedings by refusing to cooperate. Once again declaring that he has absolute confidence in a number of his inner circle, Bush blindly stands behind Attorney General Gonzales – just as he did for numerous other appointees when their integrity and competence were publicly questioned. One could even argue that the surest way to predict a soon to be announced resignation by one of Bush’s inner circle is to have Bush publicly declare his confidence in that individual.
The public is becoming increasingly familiar with this song and dance as those we place our trust in are subsequently exposed as corrupt. If our top prosecutors such as Alberto Gonzales will obstruct the truth from being revealed, then what does that say about the integrity of our judicial system itself?
Although the matter concerning Alberto Gonzales is played in the front page of most daily newspapers across the country, a far more insidious example of suborning deception and perjury can be found in a matter pending before the U.S. Supreme Court. Is it possible that our Supreme Court itself actively encourages governmental lawyers to commit perjury and protects these lawyers by granting them absolute immunity from accountability?
What does it say about our American legal system when at the highest levels of our judiciary -- The Supreme Court Justices knowingly turn a blind eye to governmental lawyers who deliberately misrepresent facts with the intent to deceive the Court? The truth is that these state lawyers know that the courts will protect them even when they commit perjury, and that it has come to the point where truth and integrity mean so very little to our Supreme Court that material misrepresentations of for (or in simpler language, deliberate lies) have become a way of life… a way to deliberately circumvent the truth.
Several months ago death sentenced prisoner Michael Lambrix, unable to obtain legal counsel, filed a “pro se” (acting as his own lawyer) petition in the U.S. Supreme Court arguing that the State of Florida has denied him timely review of his pled and substantiated actual innocence claims. See, Lambrix v. Florida, U.S. Ct. Case #06-9634 (The full Petition can be read here) and also please read, “Condemning An Innocent Man” (Full length summary of the Lambrix case from the time of his arrest, through the trial, the appellate process, and finally the new evidence uncovered that substantiates his long pled claim of innocence.)
Mr. Lambrix argues that in January 19998 his state appointed lawyer filed an appeal in the lower state court arguing an actual innocence claim. Now, well over 9 years later that appeal remains pending despite Lambrix’s repeated and even relentless efforts to expedite review and reach a final disposition. At the time in which the Supreme Court aggressively pushes to expedite capital state post conviction proceedings, under what conceivable circumstance could any state post conviction appeal remain pending before a single court for over 9 years?
Quite simply, the evidence supporting Lambrix’s pled claims that the local state attorney’s office deliberately conspired and collaborated with the sole key witness to fabricate the entire wholly circumstantial case brought against Lambrix, is now, so overwhelming that it cannot be denied. See, Southern Injustice: The New face of Bigotry and Injustice in the South. Unable to discredit Lambrix's claims of innocence, the state has instead decided to deliberately perpetuate this injustice by obstructing and denying timely review -- effectively holding the case hostage in the lower state court, refusing to allow it to proceed. See, “Justice Delayed Is Justice Denied.”
Determined to bring an end to this nightmare of injustice, Lambrix filed a petition in the Florida Supreme Court attempting to compel that Court to take the action necessary to force the lower court to expedite review and make a ruling. However, Florida’s Senior Assistant Attorney General Carol Dittmar convinced the Florida Supreme Court that Lambrix was prohibited from petitioning the Court for relief as only the state appointed supervised post conviction counsel could file any action in the case – Lambrix had no right to personally address the Court. The Florida Supreme Court blindly adopted this pathetically disingenuous argument in an unprecedented ruling, refusing to compel the lower state court to provide timely review. See, Florida Supreme Court Says, “No Right To Expedited Review of Actual Innocence Claim.”
Lambrix then initiated the now pending Petition in the U.S. Supreme Court. In a response to this petition submitted by Senior Assistant Attorney General Carol Dittmar, the State of Florida again is attempting to manipulate the Court to circumvent review of the issue of whether a capital post conviction (death-sentenced) prisoner has any enforceable right to reasonably timely review of a pled and substantiated claim of actual innocence Once again Florida’s legal counsel Carol Dittmar has filed an action saturated with deliberate deceptions and factual misrepresentations intended to deceive the Supreme Court. (Both Ms. Dittmar’s response and Mr. Lambrix's reply to that response will be posted in their entirety on this site within the next week.)
Why has our contemporary judicial system become so inherently corrupted that even a capital defendant arguing a substantiated claim of actual innocence cannot even hope that truth and justice will prevail? Because those at the highest levels of our state and federal judiciaries refuse to take any action against these morally and ethically corrupt state prosecutors who repeatedly resort to deliberate misrepresentations and outright lies to defend against claims. See, “Prosecutorial Misconduct: Does Immunity Invite Injustice?.”
What is even more tragic is that our courts themselves have lost their own moral compass – truth and integrity mean nothing in today’s judicial system. State lawyers such as Senior Assistant Attorney General Carol Dittmar know that they can flagrantly commit perjury before even the highest Court as they know the Court will not even concern itself with discerning the truth, much less take any disciplinary action against corrupt state lawyers who do unethically perjure themselves with complete impunity.
Under the pretense of a “conservative judicial agenda,” today’s courts would rather deliberately put an innocent man to death than expose an injustice. Incredibly, many of these so-called conservatives adopt a philosophy that it is acceptable to execute an innocent man as the Constitution does not protect the innocent from being executed – it only protects the right to a fair trial. See, Blessings of Liberty in the Land of the Free. Unless a factually innocent man (or woman) can show that he was denied a “fair trial” and show it within the statutorily mandated time limits; innocence is irrelevant.
How can anyone have any confidence in such a system? In case after case we see that the corruption of the system itself is the product of corrupt state attorneys who will do anything to win at any cost. See,"The Anatomy of A Corrupt Prosecutor". Truth and integrity are no longer relevant… only winning matters and state prosecutors such as Senior Assistant Attorney General Carol Dittmar knows that the only way to climb that politically controlled career ladder is to do whatever it takes to win – even put innocent men and women to death.
Is our own Supreme Court suborning perjury? Of course they are -- just watch as this case unfolds and you will see that the Supreme Court, even when it is brought to their attention that Ms. Dittmar has flagrantly misrepresenting material facts with the intent to deceive the Court, the Court will not make any attempt to discern the truth. To knowingly turn a blind eye when lawyers commit perjury is to encourage and invite unethical behaviors. By refusing to take action against parties that violate ethical standards; the Supreme Court does induce and suborn perjury.
Justice can never prevail when truth itself becomes irrelevant. In the words of President Abraham Lincoln, “Evil can only prevail when good men choose to do nothing!” There can be no greater within our judicial system than the deliberate disregard of the sacred concepts of truth and justice within our court system… justice can only hope to prevail when truth itself is religiously protected and preserved. The Supreme Court has a moral and ethical obligation to aggressively take action against any party who dares to misrepresent material facts before it – but today’s Supreme Court will do nothing.
When a state attorney general can appear before our Supreme Court and so blatantly defend against a state prisoners substantiated claim of actual innocence by presenting deliberate material misrepresentations intended to intentionally deceive the Court, and be so confident that they can do so with complete impunity, knowing full well that the Court will not take action against a state lawyer; then that itself provides a telling commentary on the integrity of today’s judicial system as a whole.
This is the greater tragedy… this unethical and contemptuous action by Senior Assistant Attorney General Carol Dittmar will be rewarded by the court because the Supreme Court itself has become so corrupt by its own bias against capital (death sentenced) prisoners that truth and justice are irrelevant. But consider this… when the very least of our society can no longer come before our courts with any hope of having truth and justice prevail, then the very soul of our constitutional democracy itself has now been executed at the hands of these conservatives who adhere to the philosophy that it is far better to execute an innocent man than to expose an injustice that might embarrass the judicial system and undermine the public’s confidence.
Don’t these conservative justices get it? The greatest threat to undermining public confidence in the judicial system is not exposing injustices, but eroding the sacred concepts of truth and justice. The integrity of our judicial system is dependent upon the Court’s willingness to protect truth allowing anyone to appear before the court and deliberately deceive the Court with complete impunity is the greatest threat. Eliminate integrity and there can be no justice.
Mike Lambrix
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