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J. Livingston's avatar

Democrat judicial activism: more lawfare against Trump writ large. Cloward-Pivens, Obama's favorite ploy - overwhelm the system with "legal action", until you grind it to a halt. Emphasis on delaying tactic process games, when there is little to no substance in the law.

This is a chilling civics lesson going on right now. Just as Democrats stated upfront that they intended to Trump-proof the nation, in order to negate the results of the last election. We are currently living history - the reverberations of what is going on right now will profoundly affect the nation's future. Three branches of government required to color within their lines - but who now controls handing out the boxes of crayons?

It serves us all well to stay tuned, even though much of this is arcane and technical. Which is exactly the part of the Democrat "insurrection" plot going on right now. Make it arcane and technical so interest in what they are really doing gets blunted.

Thank you for diving into this topic. Probably the most important one our nation as a whole has faced in decades.

Meanwhile, Democrats now own every single fall-out caused by their intentional judicial obstruction: keeping borders open, continued reckless spending, failure of administrative agency accountability, release of known criminal elements who not even in the country legally, and ill-defined powers of unelected bureaucrats and their unions.

Everything America voted against in 2024, getting crammed back down by vexatious Democrat legal maneuvering, for their own partisan gain. A teaching moment of utmost gravity. In preparation for our nation's 250th Anniversary. Hold on, rocky seas ahead. Never lose faith. Right is might.

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Bill Russell's avatar

With these activist judges there is no law. Trump should go ahead and deal with these doofus judges by ignoring their rulings. What are these judges going to do? Call up the Army?

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Steve Sweeney's avatar

Welcome to the critocracy.

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Earl Brown's avatar

Bust 'em all.

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Howard Walther's avatar

No Bill they will maneuver to get you arrested. See my post below>

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Bill Russell's avatar

I believe we are approaching a civil war ... there is no "maneuver to get you arrested," considering the road we are going down now. It's scary, instead a war between states it would be between people within states. Would the Dems and Rep move away from each other? Or would the congregate into most populated states of Dems and Rep. Wonder how this would unfold. I see too many Dems wanting to fight.

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Julia Gonzales's avatar

So everybody should just ignore the judges orders?

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Bill Russell's avatar

Yep

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LT's avatar
Mar 19Edited

So now we have activist Muslim judges refusing to recuse themselves after having supported criminal enterprises such as BLM? What’s next, Sharia law? Ask those in the UK how that’s working out in divorce and property cases.

SCOTUS needs to get off their dime and put a check on activism in our judiciary!

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J. Livingston's avatar

Ironically I did a summer session at University of Malaya Law School in Kuala Lumpur back in the 1980's, which included Islamic Constitutional Law. We also delved into sharia law in depth at a time, when few in the US had much understanding about even Islam - self included.

There was far more pragmatism than extremism in many of the principles of sharia law, and perhaps sharia law was even the roots of Western US "community property principles" which were unique compared to the rest of the US for much of the nation's history. Considering this part of the western US was originally under Spanish control, which itself had only recently been under Moorish/Islamic domination, is that why Spanish controlled US uniquely imported the principles of community property? Always thought that would be good legal research topic.

Women under sharia law did retain their dowries if they later divorced, and were afforded more property rights than even existed in much of America. Including guaranteed proper maintenance for the first wife, should a husband only with the wife's required consent, later take a second wife. Was this not alimony?

Plus the myth all it takes is repeating "I divorce thee" three times actually reflects our own three-part divorce process: (1) file (I want to divorce thee) (2) interlocutory period (I am now, after this mandatory cooling off period, sure I want to divorce thee) and (3) final judgement (Thee and me are no longer we.)

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LT's avatar

Interesting case study JL. Flogging for adultery and amputating limbs for theft must have come up in 2nd semester?

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J. Livingston's avatar

Nope, I believe the adultery required two witnesses to the act before the flogging could begin. Kinky requirement, you think? Severing limbs did serve deterrence value, something our system currently lacks - where slaps on wrists are as much as most thieves get or a free pass to just fill their shopping carts and get waved out the door.

I did try to stump the professors with as many ill-formed anecdotal versions I could come up with back then in my own very limited understanding of Islamic law. They were quite genteel in these discussions; nothing rabid or doctrinal at all.

Plus a lot of candor was revealed where some of the very strict interpretations were interfering with more modern development in Malaysia at that time. (1980's) There were growing tensions between the rigid conservative clerics and the western-educated Malaysians business developers. A fascinating exchange in retrospect, and I feel very lucky to have had this early exposure - (pre 9-11) - to Islam in this particular country - one of the now very successful SE Asian tigers.

The real issue here is how various forms of crime and punishment reflect in any a society. Obviously there is no one perfect system, but every system has something due to ranges of human nature. Thou shalt not steal, covet, kill etc.

Western style divorce had just been introduced and feminist groups were very active to eliminate many of the most traditional barriers. However, they expressed some regret that getting cut off totally after a western-style divorce, instead of the sharia netherworld that did retain social status and financial support as a First Wife. Work in progress - this was now 50 years ago.

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LT's avatar
Mar 19Edited

Indonesia’s Suharto’s murderous rampage came with consequences, especially for the Communists. “The Year of Living

Dangerously” is a brilliant film.

https://www.nytimes.com/2008/01/28/world/asia/28suharto.html

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J. Livingston's avatar

That being Indonesia; not Malaysia. But Malaysia had very bloody history of ethnic strife too - an unstable amalgamation of the native Malays and the prior colonial importation of the Chinese and Indians. They worked hard to resolve these tensions somewhat successfully after gaining independence, though there remains still a division of labor and property concentrations. one step was to change the contrary's name to Malaysia -- combining both Malay and Asian

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LT's avatar

My Daughter soon starts her Clerkship with the Superior Court in Saipan, CNMI in the fall. Should be quite an adventure!

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Howard Walther's avatar

No LT think Santa Barbara "What next Sharia law? Ask those in the UK how that’s working out in divorce and property cases."

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Thomas John's avatar

LT - is there a specific case you're referencing above?

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Howard Walther's avatar

No Thomas John THINK CASES IN SANTA BARBARA.

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Earl Brown's avatar

Need more GOP on SCOTUS.

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Stephen H Siemsen's avatar

Imagine, 677 district court judges synchronizing their rulings to undermine the profane edicts of His Imperial Malfeasance! What nerve! It is satisfying to know that if I'm ever convicted of a felony, the robed rascals can't for a minute assume they can send ME to jail! "Equal Justice Under Law" means we are all now immune from prosecution and frivolous judicial rulings. So, taking from the rich to give to the poor is no longer a "crime" -- where do I get my pike?

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adam's avatar

Pointing out his Muslim-American status while not addressing any personal detail about other judges is just you “telling on yourself”

Do better

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Brent's Journal's avatar

Thanks for your interest. Ali's being a Muslim and Arab American was mentioned because that is how President Biden introduced him.

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Thomas John's avatar

I think you made the last part up.

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Howard Walther's avatar

OK Mr. Adam well give you BETTER "Do Better" See my post below>

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Montecito93108's avatar

Delay, deny or force the hands of activist judges by ignoring orders? Trump executes POTUS’s Article II executive powers.

How come a Canadian Citizen is an American federal judge making decisions? How come the Chief Justice of SCOTUS emboldens activist judges? Congress fails citizens again by holding too many hearings rather than acting. It’s time to introduce single topic legislation to clean up multiple wrongs. Rep Chip Roy, and Freedom Caucus; Senators Mike Lee, Rand Paul need to get singly topic bills introduced. For starters: 1) only American Citizens can serve as judges (no dual or tri-citizens); then underscore 2) No judicial interference in Executive Decisions of matters of national security, sovereignty or public safety by non-citizens.

Why not clarify that Green Card, Visa holders, unlawful residents are guests with no Constitutional rights of citizens, and therefore are subject to deportation to their country of origin?

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Thomas John's avatar

The judge in question has dual citizenship. Both US and Canadian.

Then there is Elon - he's a citizen of South Africa, Canada, and the United States.

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J. Livingston's avatar

Hope you watched the Dragon Splash down yesterday- a moment of national pride, a job very well done. Even the spirt animal dolphins were frolicking in welcoming them home..

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Thomas John's avatar

Yep, right there in the Gulf of America or Mexico or whatever depending on the news agency.

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Polly Frost's avatar

Interesting piece, thank you. But I wish these sleazeballs hadn't taken over the word “activist.” They're just lazy carpetbaggers. I have greatly admired activists, like the environmentalist, Paul Watson, who actually put his own butt in danger. Right now I admire activists like Joel Salatin https://www.thelunaticfarmer.com/ and John Klar https://johnklar.substack.com/. The people you're writing about just sit on their sorry butts and write out what they're told to by their leaders.

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George Russell's avatar

We are in a Civil War, and the weapon is the judicial system. This is an attempted Judicial Coup and an overthrow of a duly elected President of the United States. President Trump should declare a state of National Emergency and use it to thwart the attempted coup that is now in progress. Republicans are in on it too. They talk about "impeaching' judges to fool us into thinking they are on our side and doing something about this. They know to impeach requires 67 votes in the current Senate, and they know they barely have 51 shaky votes with rino's, an impeachment will never happen. The best way is to defund the judges, or eliminate their positions entirely. This can be done without a super majority. Any thing else Republicans do is just for show. If Trump does not treat this like the war it is, we will forever lose our Country even though we won the election. Everything is at stake here. Everything.

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J. Livingston's avatar

GR: We are in a re-alignment;, after 12 years of partisan legal sloth. It is not a Civil War. Just a changing of the guard as the Constitution provides. And finally a realistic exposure of the depth of this unelected deep state, which has no provision for its existence, power, reach, and expense under our US Constitution. Everyday we learn more about its cravenness. This too is national Enlightenment; not Civil War.

First we ban all government employee unions, put "public servan"t back into civil service, and toss in a lot more civility that prohibits losing party's sheer partisan brattiness. Then we seriously look at the dangers of being forced to automatically send withholding tax crack to Beltway Bandits. We are not getting a good ROI. Democrat activism now owns all that flows from their insistence on maintaining open borders.

Anti-SLAAP, abuse of process, vexatious litigants ...... all part of our tradition of jurisprudence up for review too. This is a time for the renewal of this long-standing and necessary compact among ourselves. This is not war.

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George Russell's avatar

Agree with you mostly. Except I believe we are in fact in a Civil War only the weapons this time are not guns, but Media/Domestic terrorism/Censorship/Immigrants/judicial coups. These are all at a level we have never seen in history. I am a student of the Civil War I guess, read a LOT about it over the years. I see no difference in the level of hate/division and desire for each side to prevail with a country that aligns with their views as I saw observing/reading the same sentiments back then, the only thing missing is armed conflict. We have two separate countries trying to find a way to live together but neither willing to compromise. This time they are trying to undo the US by subversion instead of shooting, but the desired end result is much the same. Destroy the Union as we know it, and re create it in a new mold. The stakes are high. We can not fail to see it for what it is. An all out cultural and political Civil War.

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J. Livingston's avatar

GR: But curiously one side feeds solely off the tax payers; the other side general is required to produce those tax dollars. This make the division more existential and primal for one side; not that being forced to pay for the other side does not trigger primal resistance too, but it is less immediate for one side than the other side wholey dependent upon that daily infusion of OPM.

I see driving much/most of this anger is a primal and existential fear - survival. Government dependencies for so many millions and millions now in the government system, confounds our founding principles. Sobering really.

At least in the Civil War, they were fighting to retain different "systems" of private enterprise. Dependency now solely on the government (taxpayer funded) adds an entirely different dimension in my thinking. Some dependencies yes, because that is part of our social compact, but we are close to a critical mass tipping point and that is what is not healthy.

That is what I think America in 2024 sensed is not right with this country any longer. That even what Jeff Bezos recently committed the new direction for his Washington Post - feature liberty and innovation; not more Big Government, Big Brother and Big Taxes.

I do agree in kind with your description of the current level of violence and division, verbal and otherwise. But then I am also reminded of the very grim movie (fictionalized) 'The Gangs of New York. Which poignantly had that fine scene of that forgotten battlefield graveyard of similarly violent combatants a century or so prior, against the backdrop of the modern NYC skyline.

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CarsAreBasic's avatar

If I understand most case law is based upon standard concept.

So if the above is 1+1=2 the majority is of course wrong. It would also appear that Biden's boy is using influence of social base he lives daily as a Muslim, to what he does not want to recognize.

Item 4. That the public interest, if any, weighs in favor of the plaintiff.

Wait a minute here is the interstate commerce clause that the second Constitution corrected. A problem that the Confederate States used. In fact, creating special interests that made the States individual nations with taxes and levies that was going to destroy the won victory over Britain.

The public interest of the plantiff's who did not want the current Constitution of the United States to be adopted was clear. It appears to me that the public interest of a singular agency (USAID) is counter to the "ELECTED" administration. The voters with the majority elected a "NEW" administration that made the decision it was no longer in the best interests of the "NATION" to continue a policy that harms the "NATION" both financially as well as politically.

I could use California and a case that was "clearly" voted into law by both Anglo's and Hispanics. What did the open border and hand out money for every illegal do? They filed in a Federal Court in Orange County with an activist Judge who sequestered the case and refused to report it out. Who appointed this judge? Billy boy Clinton. Seeing a pattern here.

Separation of powers here boys and girls.

Now it would be great if Mr. Zepke, Esq. would stop these great analysis. I would not have to stretch my brain.

Once again good job.

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Montecito93108's avatar

Another reminder to learn our lessons well. Why time limited Amy Barrett, a mom of seven minors at the time, was SCOTUS nominated and confirmed was and remains a mystery. When there’s a shortage of time to dig deep, analyze, we tend to decide expeditiously on how it feels. Both Roberts and Barrett are aware of activist judges, judicial sabotage rather than judicial review. How will SCOTUS rein them in? Authorize another $2B, and more harmful expenditures after that to sabotage voters determined to save our country?

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Howard Walther's avatar

I read this article titled "The Bane of Activist Judges"

by Brent Zepke, Esq.

I provide a new Title "Santa Barbara Judges Who Violate Their Oath & the US Constitution"

Recently I posted about one of our Santa Barbara Judges Judge Michael J. Carrozzo who has a serious complaint by the CALI Judicial Commission provided in the weblink below>

https://cjp.ca.gov/wp-content/uploads/sites/40/2024/12/Carrozzo_NFP_12-12-24.pdf

Judge Carruzzo's Answer with the weblink below>

https://cjp.ca.gov/wp-content/uploads/sites/40/2025/01/Carrozzo_Answer_01-16-25.pdf

An analysis of same is provided as follows and for you attorneys interesting considerations>

Page One and Two of the Complaint Counts One of Six states as follows:

"In 2017 and 2018, you served as the Assistant Presiding Judge of the

Santa Barbara County Superior Court. In 2019 and 2020, you served as the

Presiding Judge of the Santa Barbara County Superior Court. During those

years, "Sara Eklund" – who was known during some of that timeframe by her

married name, “Sara Romero” – was one of two judicial secretaries

assisting the criminal judges in the South County division of the court."

AND COUNT ONE FURTHER STATES "In 2018, 2019, and 2020, you engaged in the unauthorized practice of law, as detailed herein."

Why are the two names of Judge's Carrozzo's Secretary mentioned let alone important?

After all Sara Eklund is "JUST" a Judicial Secretary for SOME Judges in South County?

ON PAGE TWO COUNT ONE A and I quote "A. On or about October 19, 2018, Ms. Eklund was involved in a traffic accident in Santa Barbara County."

Could there possibly be a little detail that is missing? "Remember the Devil is in the Details."

Is there an important Court Document filed and date-time-stamped on July 18, 2018 by

a Deputy Clerk of the Santa Barbara Court? Is that Deputy Clerk's name "Sara Romero"?

Was that important Court Document manufactured 1 year after it was filed-stamped and

signed by a Deputy Clerk by the name of "Sara Romero" and not "Sara Eklund"?

It is very interesting to Note ON PAGE 23 IN COUNT FOUR STATED AGAIN>

"Sara Eklund – who was known during some of that timeframe by her

married name, “Sara Romero” – was one of two judicial secretaries"

During this timeframe were there Hearing Transcripts in on-going cases

in Santa Barbara Courts Altered?

During this timeframe were there Motions in on-going Santa Barbara Cases destroyed?

ON PAGE 28 OF THE COMPLAINT IT STATES AS FOLLOWS>

"A. You and Ms. Eklund used your official court email accounts to

exchange hundreds of personal emails, unrelated to court business, ...."

Who actually obtained those hundreds of emails by Sealed Subpoena Duces Tecum (SDT)???

ON PAGE 17 IN JUDGE CARROZZO's REPLY HE STATES AS FOLLOWS>

"4. The Preliminary Investigation letter was defective in that it

failed to include the actual emails which contained Judge Carrozzo’s

alleged comments."

Judge Carrozzo's emails are all "Sealed" as is all of the other emails of the Judges and

Attorneys and everyone else in this town.

If they can WIRE-TAP the President of the United States, President Trump they will WIRE-TAP You

Me, ANYONE and EVERYONE IN THIS TOWN. See weblink below>

https://x.com/KokeTokyo/status/1216544562707124225

Howard Walther, Member of A Military Family

PS 1- The Answer to WHO WIRE-TAPPED is provided in Judge Carrozzo's Reply last page

PROOF OF SERVICE signed by Lori Gilmore on 1/16/15 See the List of Service

REDACTED #1 and REDACTED #2

I will give you two guesses WHO REDACTED #1 and #2 are.

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Donny Mac's avatar

At this point there is strong argument to be made that this is a conspiracy with judges actively colluding "to stop Trump". Impeachment is a waste of time. File charges of sedition.

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Earl Brown's avatar

Ecellent review of the case.

The activist judges - "Self-aggrandizement of (their) jurisdiction . . . " Boy if that don't say it all.

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Nancy Freeman's avatar

Ms Aimee Smith

I can’t seeem to send you an answer to your last email. This site is making it impossible to respond to you. I was going to answer your accusations of me, specifically that if you were to reread your comment about Mr. K. you will see that it is easy to interpret your sent as Biden fired him….a confusing comment . You have spoken almost exclusively derogatorily about Biden, yet never addressed my request as to why when, as I repeatedly pointed out, Biden was not a candidate when Trump was running as such. You rarely mention this now-flawed Pres., yet go on and on about what you perceive are Biden’s untrue flaws.

Why don’t you explain why you voted for the worst candidate this country has ever seen? And if you want to continue this off the crazy substack, I will engage further with you. Say so, and I’ll give you my email .

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Ron Ziegler's avatar

What am I missing? Isn't it obvious they are biased and should have papers filed to disbar them. The president of El Salvador said it is a judicial coop

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Thomas John's avatar

Bukele (the President of El Salvador) did the same thing Trump is trying to do by impeaching judges. Bukele’s allies in their Legislative Assembly ousted Supreme Court the judges who had ruled against his policies a few years ago.

I'm not sure I'd take any wisdom from an authoritarian leader like Bukele.

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adam's avatar

A judicial coop. Maybe it can help with egg prices. Do better

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Howard Walther's avatar

Ron lets think alittle closer to home shall we? See my post just below>>

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rita murdoch's avatar

These judges need to be stoped from having any jurisdiction over these matters. The supreme court should be the final deciding factor. This is a definition of insanity.

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Montecito93108's avatar

Rita- SCOTUS will make final decision. Barrett and Roberts are wild cards. So does POTUS ignore SCOTUS rulings also?

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J. Livingston's avatar

The nation will be forced to reckon with the outcomes. Which is why the US constitution includes an amendment clause.

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Julia Gonzales's avatar

I see most of you are backing our law annd order president, who has broken just about every law there is, and getting rid of the ones he doesn’t like that don’t benefit him. And of course you back him because he’s doing everything you guys would if you could, no matter whether it’s good or bad, as long as it suits you.

There’s a song written back in the 70s or 80s. That was written by, Jackie DeShannon. The first three lines of this song say it all. I doubt it’ll touch many of you.

THINK OF YOUR FELLOW MAN

LEND HIM A HELPING HAND

PUT A LITTLE LOVE IN YOUR HEART

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