JustiaGate: Say It Aint So, Carl Malamud.
“Our friend & hero Carl Malamud stopped by the “Justia offices” to talk about his new public interest public information project…. making the case law and codes of the United States of America (state and federal) freely accessible in a public domain archive…This archived data can then be used and worked on by the folks at Cornell, Google, Stanford…. and everyone!“
And Malamud made good on that promise. Whereas, Justia is a private enterprise offering free legal research with all the modern bells and whistles of hyper-linking and Google analytics, Public.Resource.org is a barebones public domain which associates all of its case URL’s with “courts.gov”. Malamud’s use of “courts.gov” is truly misleading in that it gives the appearance his site has a true governmental “seal of approval“, but it doesn’t. Despite such icky behavior, Malamud has charmed a lot of people.
LawSites had this to say about him:
“I can barely keep up with the efforts of Carl Malamud and his public.resource.org to “liberate” government documents. (See 1.8M Pages of Federal Case Law to Go Public and More Government Docs to Go on Web.) The latest project: Recycle Your Used Pacer Documents!.”
The New York Times published a story entitled, “Score One For The Web’s Don Quixote“, about Malamud’s quixotic attempts to bring every US legal document public for free. And Wired Magazine did a profile on Malamud which included this interesting bit of data:
” ‘West makes billions of dollars selling stuff we want to give away for free,’ Stanley boasts…
His company purchased and digitized all the Supreme Court decisions, put up the first free search engine for them, and donated them to PublicResource.org. Now Justia’s working with Cornell University to throw some Web 2.0 tools into the mix, including wiki pages for decisions…”
(Keep that reference to Justia working with Cornell on your desktop, we’ll come back to it shortly.) Tim Stanley is one of five on the Board of Directors of Malamud’s Public.Resource.Org. And Justia is listed as top benefactor as well.
Together, it cannot be denied, the pair are the Robin Hood and Friar Tuck of the free government document movement. Malamud was also very instrumental in helping Justia defeat Oregon’s copyright claim litigation. His “Ten Rules For Radicals include:
“This is thus my second rule for radicals, and that is when the authorities ﬁnally ﬁre that starting gun—and do something like send you tapes—run as fast as you can, so when they get that queasy feeling in their stomach and have second thoughts, it is too late to stop.”
We shall see whether this alleged passion for open information and preservation is extended to a review of Malamus’ publication of public domain cases. We do know that his sidekick, Tim Stanley, doesn’t believe such freedom of information principles should apply to Justia since he’s removed all prior versions of Justia’s entire body of US Supreme Court case-law from the Wayback Machine. And in doing so, Stanley is guilty of the very thing Malamud warns about in his Rule #2 above.
I should also mention that Malamud was the Chief Technology Officer of the Center For American Progress, where he was also a fellow. CFAP received $3 million from George Soros, and is run by John Podesta:
“Citing Podesta’s influence in the formation of the Obama Administration, a November 2008 article in Time stated that “not since the Heritage Foundation helped guide Ronald Reagan’s transition in 1981 has a single outside group held so much sway.”“
My second report on JustiaGate exposed the surgical scrubbing of Minor v. Happersett from 25 cases – at Justia’s Supreme Court Center – which cited the vital Supreme Court decision which classifies those born in the country to parents who are citizens as “natural-born citizens”, such classification excluding Obama from eligibility:
“At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” Minor v. Happersett, 154 U.S. 116, 167 (1874).
Because Minor v. Happersett directly implies that Obama is not eligible – even assuming he was born in the US – the case has been the subject of an intense disinformation campaign across the web. And until JustiaGate’s revelations, Obama supporters were more able to levy false attacks upon Minor, claiming it was a voting rights precedent, not a citizenship precedent, and that Minor was “disgraced” and overruled by the 19th Amendment. But none of that was even remotely true.
The whole time, the Supreme Court opinions which directly cite Minor as precedent on the definition of federal citizenship – and as a continuing precedent on voting rights despite the adoption of the 19th Amendment – were “mangled” at Justia (apparently Stanley’s choice of words via his admission in the CNET interview) – the favored legal research engine by Google.
And the war against Minor’s relevance was somewhat successful. But all the while, hidden below the surface of fragged Google analytics and Justia subterfuge was a complete body of case-law spanning 100 years… all of which bears out the respect given to Minor v Happersett by many subsequent Supreme Court opinions.
ENTER THE DRAGON – EX PARTE LOCKWOOD, 154 US 116 (1894).
“In Minor v. Happersett, 21 Wall. 162, this court held that the word ‘citizen’ is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since…” (Emphasis added.)
“This court held” is damning proof that 20 years after Minor v. Happersett, the Supreme Court was citing Minor as precedent for the definition of federal citizenship, such definition relying upon a construction of Article 2 Section 1 – the “natural born Citizen” clause - which implies that Obama is not eligible to be POTUS. Furthermore, the Lockwood court included Justice Horace Gray who wrote the infamous opinion in U.S. v Wong Kim Ark (which also cites the natural-born citizen passage of Minor as precedent – 169 U.S. 649, 680 (1898)) – albeit not in such a direct manner as Lockwood). And Lockwood had nothing at all to do with voting rights.
In one fast swoop, upon the discovery of Lockwood, the war against Minor’s relevance had been won. Minor is, beyond question, precedent on the definition of federal citizenship. And it has never been overruled as in 1982 it was cited by the Supreme Court – in City of Mobile v. Bolden, 446 U.S. 55 (1980) – another decision fragged by Justia – as continuing precedent for its holding on voting rights as well.
Incredibly, despite the raging three-year debate over the relevance of Minor to Obama’s eligibility, not one single hit is returned – prior toOctober 20, 2011 – by a Google search including Obama, “Minor v. Happersett”, and “Ex Parte Lockwood” (or “In re Lockwood”).
This is because the sabotage of the Lockwood decision was done in much greater detail than the other cases. Somebody out there knew that Lockwood and Minor interlock as binding law. And the construction by the Supreme Court – in Minor v. Happersett – of the natural-born citizen clause could – had it been known to the nation at large prior to the ’08 election – have deprived Obama of access to the ballots should the several Secretaries of State been up to speed on the true history of this crucial Supreme Court precedent, a precedent which was completely ignored prior to the ’08 election.
Justia’s activity is by now very well-known, but I have also pointed out that Lockwood was completely mangled at Wiki Source as well. And Minor is mis-spelled in Lockwood as Lexis/Nexis, but most cryptically, at Cornell’s Legal Information Institute the opinion is cut right after “Minor v.”, with neither “Happersett” nor the specific holding to be found thereafter. Houdini couldn’t have done better.
So yesterday, after receiving a tip from the mysterious “B” (of TheEEstory.com) concerning Tim Stanley’s involvement with Malamud’s petition to establish “Law.gov” (as well as Stanley’s big up to the CRS – remember the 2009 CRS memo on Obama’s eligibility – which fails to mention Minor?), I dug a little deeper into the Malamud/Stanley connection… which revealed that Stanley was not only a co-convenor of the Law.gov project, but that Stanley was also on the board at public.resource.org.
I then went looking for the Lockwood decision at public.resource.org and was completely rocked by what I found. But before we go there, let’s go back to Stanley’s comments to Wired, quoted above, wherein he stated, “Now Justia’s working with Cornell University to throw some Web 2.0 tools into the mix, including wiki pages for decision…” Now take a look at this screenshot of the mangled version of Ex Parte Lockwood currently viewable at Cornell:
Notice that the case stops before it gets to “Happersett”. Then it picks up well after the precedent of Minor has come and gone, leaving you off at the last paragraph of the opinion. Then, the next case in the Supreme Court reporter, 154 U.S. 118, starts after the last two words of the Lockwood decision, “Leave denied.”
No other case at Cornell behaves this way. The Haytian case deserves its own page as it is a completely separate opinion. This is a hack job which causes anyone searching the web – for cases which cite Minor v. Happersett – to be thwarted. It’s just a complete mess. What’s missing from the Lockwood opinion at Cornell is the following block of text:
“Happersett, 21 Wall. 162, this court held that the word ‘citizen’ is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since; but that the right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the fourteenth amendment, and that amendment did not add to these privileges and immunities. Hence, that a provision in a state constitution which confined the right of voting to male citizons of the United States was no violation of the federal constitution. In Bradwell v. State, 16 Wall. 130, it was held that the right to practice law in the state courts was not a privilege or immunity of a citizen of the United States; that the right to control and regulate the granting of license to practice law in the courts of a state is one of those powers that was not transferred for its protection to the federal government, and its exercise is in no manner governed or controlled by citizenship of the United States in the party seeking such license. Section 3192 of the Code of Virginia, quoted in this application, is one of 12 sections constituting chapter 154 of that Code, entitled, ‘Of Attorneys-at-Law Generally.’ Section 3193 reads: ‘Every such person shall produce, before each court in which he intends to practice, satisfactory evidence”
This whole chunk is cut from the Lockwood opinion at Cornell. Incredibly, when I went to public.resource.org, and clicked through to their ftp.resource.org index to Supreme Court reporter Volume 154, I found this exact chunk of text that was stripped from Cornell’s version of Lockwood:
On the left there is a column for the official citation, and next to that is a column for the “date” of the case. The programmer has put the missing chunk from Cornell into the “date” column for Volume 154. And when you click over to the actual case, you can see that the ftp.resource.org version matches the Cornell version exactly, except that the missing chunk is not missing in the ftp.resource.org version. Even the Haytian case appears at the end of Lockwood. Furthermore, the final conclusive evidence that ftp.resource.org is feeding the Cornell site is at the very bottom of both pages, wherein it states:
“CC∅ | Transformed by Public.Resource.Org”
So, we now know that Public.Resource.Org, the brainchild of our dynamic duo, is also feeding Cornell’s Legal Institute versions of these Supreme Court cases. But why is the chunk missing from Cornell? I can tell you exactly why. The case was entered at ftp.resource.org so that a huge chunk of the actual opinion in this case was entered into the case name field. This is why, when you go to the actual case, it’s in big bold print all the way until the “v.” after “Minor”.
Then, it switches to non-bold italics. This is because the missing chunk has been entered in the “date” field. After scouring other volumes to search for similar anomalies between the ftp.resource.org versions as re-published at Cornell, I stumbled upon Volume 355:
Notice that where the date should be – for case citation, 355 U.S. 41, – appears “Pat J. Gibson, General Chairman…” And when you click through to that case, you can see that “Pat J. Gibson…” appears where the date should appear. Now, when you go to the Cornell page for this case, you can see that following the “v.” where the case name ends, the field for the date contains the following, “Decided: NotFound”.
And this is exactly what appears at Cornell’s page for Lockwood, “Decided: NotFound”. Furthermore, both Lockwood and Conley fail to include a second party to the case, so that the party names end with “v.”
Therefore, at Cornell, it appears that whenever the date field does not contain a proper date, the date renders as “Decided: NotFound”.
So, we can see that each page for each case at both ftp.resource.org, and Cornell, renders the case according to how the information is placed into the style sheets. But, while the ftp.resource.org version will include anything written in the date field on the case page (and in the volume index) in full, Cornell redacts anything placed in the date field from its version when that information is not formatted as an actual date.
And that is why the exact missing chunk appears in the ftp.resource.org volume index – where it stands in vast contrast to every other case in every other reporter – while the chunk is missing at Cornell’s page for Lockwood.
Jut scroll through any volume of the Supreme Court reporter index at ftp.resource.org, and the cases appear listed in an orderly manner. But when it comes to Ex Parte Lockwood, the mold is literally smashed with the missing chunk from the Cornell page. By way of comparison, look at Lee You Fee v. Dulles, 355 U.S. 61 (1957), at ftp.resource.org. Notice how everything is in its proper place in the style sheet and that each element, case name, date, text of opinion, renders a clean-cut vision to the reader. Because everything is entered correctly there, the case also renders perfectly at Cornell.
So anyone searching for cases which cite Minor v. Happersett would be thwarted as to finding Ex Parte Lockwood at either site. At Cornell, the word “Happersett” and the entire reference to the Minor precedent is stripped from the page. While at ftp.resource.org, the fields are fragged so badly that the relevance of search returns are greatly corrupted.
JustiaGate has now most certainly widened to implicate Public.Resource.Org, Carl Malamud and Cornell’s Legal Institute.
Tim Stanley claims that the mangling of cases which cite Minor v. Happersett was due to an innocent coding error and not as part of a conspiracy.
Considering the danger to Obama’s eligibility caused by Minor’s precedent, the mangling of so many Supreme Court opinions which follow Minor – spread across multiple legal research platforms – must be intentional, or, in the alternative, we should all get down on our knees and worship him as the universal Lord returned, since the mathematical probability of this being innocent coding error would render it a genuine miracle.
While there are snapshots available of ftp.resource.org versions of SCOTUS cases at the Wayback Machine, when one plugs in the URL for the ftp.resource.org version of Lockwood, it states, “Wayback Machine doesn’t have that page archived.” It says the exact same thing for the URL of the Cornell version of Lockwood. This is the same message that was at the Wayback Machine for Justia’s current version of Lockwood up until Oct. 24, 2011, when Stanley finally – in opposition to EVERYTHING he and Malamud allegedly stand for – placed “robots.txt” over the entire domain of Supreme.Justia.com, thereby removing all prior versions of Supreme Court opinions from view of the nation. Now when you plug-in a Justia URL for any Supreme Court opinion, you get the following stuffed in your face:
Page cannot be crawled or displayed due to robots.txt.
Because of Pixel Patriot’s vital reports on the New York State Board of Elections having overruled the Constitution by changing the eligibility requirements in New York from “natural born Citizen” to “born a citizen”, we know that the Wayback Machine itself may have been corrupted as well.
Stanley did what Malamud warned all governments do. He took back free information after that information became damaging to him. Good thing I used Malamud’s Rule #2 for radicals by saving the evidence of Justia’s prior versions of SCOTUS cases which scrubbed Minor before Stanley chose to have those second thoughts Malamud warns of. Justia is suddenly looking and acting like a government entity to me.
Tim Stanley may or may not be responsible for the sabotage, but we do know he covered it up after it was exposed. And if he was a man of his word and his convictions, there would be a HUGE neon sign at Justia.com linking to a database of every “mangled” case… and the entire domain would be open to the “eyes” of the Wayback Machine and of the nation. And there would be a visible apology to the nation for Justia’s improper influence over this important Constitutional issue.
But there’s nothing like that at Justia.
We shall see if Carl Malamud is man enough to send sidekick Stanley one of his famous public letters complaining about the removal of US Supreme Court opinions (which are in the Public Domain anyway) from the web. Malamud’s mantra has been “total transparency of government documents”, but his sidekick is now hiding the very government documents which he admits were “mangled”. It’s sickening, America.
Truly despicable sickening fraudulent fascist Orwellian bullshit.
And if we allow them to cover this up, we deserve everything that comes to us as a result thereof. Get off your ass and do something. Because this is where the story ends if you don’t… down a deep dark endless memory hole.
You may not approve of those kids down on Wall Street, but damn it, they are doing something. There may be some bad money behind it, but most of them are just ordinary citizens who are “Fed” up. At least they are making a true stand.
I am NOT for redistributing anyone’s wealth. That’s a form of slavery. When the fruits of your labors are taken by others, that means you are their slave. But if you got that fruit by breaking the law, you need to be punished. So, as far as enforcing the law to stop corporate/political orgies of white-collar crime, yeah I’m down with the Occupy movement. But if you are talking about taking something from somebody who has broken no laws, I’m not down at all. The only form of socialism I am in favor of is called charity. If it’s redistribution of wealth is not voluntary, it’s theft… plain and simple.
That being said, you better get off your ass, America. Do it now. Because your freedoms go only as far as the laws which uphold them. When a cabal of sniveling techno-programming nerds can change our laws, and our cases – whether that be at the NY BOE, at Justia, Cornell, Wiki and beyond – and get away with impunity, then we are done, dead and dusted.
YES WE SCAN! MALAMUD FOR HEAD OF GOVERNMENT PRINTING OFFICE?
Tim Stanley and the New York Times began a campaign to have Carl Malamud installed as the head of the Government Printing Office in 2009. So far, he has not been appointed. But he did receive a lot of support.
There’s no way in hell this cat should be let anywhere near the Government Printing Office with JustiaGate hanging around his neck. If he isn’t guilty of collusion, then he is the one who needs to bring his glorified passion for transparency of documents to bear light on JustiaGate and to hold those accountable for what they did. Malamud must come forward now and lead the charge for a full federal investigation of JustiaGate… or he’s just another political leach sucking the blood of freedom from the body of law he claims to be the champion of.
Leo Donofrio, Esq.