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THE APPEALS
of the "Disruption of Congress" Case
(1) District of Columbia Court of Appeals
(2) United States Supreme Court
* * *
(1) DISTRICT OF COLUMBIA COURT OF APPEALS
IT'S DONE! On
Tuesday, June 28, 2005 -- a year to the day
after Elena Sassower was sentenced and
incarcerated for six months on the bogus and
malicious "disruption of Congress" charge of
which she was wrongfully convicted -- she
filed her perfected appeal to the D.C. Court
of Appeals.
Elena Sassower's APPELLANT'S BRIEF
&
SUPPLEMENTAL FACT STATEMENT
Appendix Vol. 1:
Appealed-From Judgment, Orders, & Pre-Trial
Proceedings
Appendix Vol. 2:
Trial
Transcripts
Appendix Vol. 3:
Trial
Documents, Exhibits, & Post-Trial
Proceedings
The "CELLULOID DNA":
Videotape &
Still-Frame Analysis
of US Senate Judiciary Committee's May 22,
2003 hearing
Elena Sassower's June 28, 2005 procedural
motion to exceed page limits or extend
time & other relief
D.C. Court of Appeals' July 14, 2005 order
(Reid, Glickman, Pryor)
Elena Sassower's July 28, 2005 motion for
reconsideration & other relief,
including en banc review &
disqualification of/disclosure by the
three-judge panel
SEE:
PAPER TRAIL FROM JAIL
PAPER TRAIL TO JAIL
Elena Sassower's August 4, 2005 petition for
en banc review of consolidated
appeals pursuant to Rule 35(b),
disqualification & disclosure
D.C. Court of Appeals' August 5, 2005 order
(Reid, Glickman, Nebeker)
D.C. Court of Appeals' October 5, 2005 order
(all nine of the Court's judges)
Elena Sassower's October 14, 2005 motion to
vacate the three-judge panel's
August 5,
2005 order, reconsideration/vacatur of the
Court's October 5, 2005 order,
disqualification/disclosure,
transfer/removal to the U.S. Court of
Appeals for the District of Columbia Circuit
& other relief
Table of Exhibits
Ex. A-1:
August 5, 2005 order (Reid, Glickman,
Nebeker)
Ex. A-2:
July 14, 2005 order (Reid,
Glickman, Pryor)
Ex. B:
October 5, 2005 order (all
nine of the Court's judges)
Ex. C-1:
April 8, 2004 order (Farrell,
Glickman, Nebeker)
Ex. C-2:
July 7, 2004 order (Steadman,
Reid, Nebeker)
Ex. C-3:
July 29, 2004 order (Terry, Steadman,
King)
Ex. C-4:
September 16, 2004 order (Terry, Reid,
Newman)
Ex. C-5:
September 23, 2004 order (Terry,
Farrell, Reid)
Ex. C-6:
October 14, 2004 order (Washington,
Glickman, Nebeker)
Ex. C-7:
October 14, 2004 amended order
(Glickman, Washington, Nebeker)
Ex. C-8:
May 18, 2005 order (signed by Chief
Judge Wagner)
Ex. D:
April 6, 2004
mandamus/prohibition/certiorari petition
Ex. E:
April 6, 2004 motion for stay, with request
for disqualification/disclosure
Ex. F:
ERS' July/August 2004 motion of
reargument/reconsideration, etc.
-- Ex.
C:
ERS' June 29-July 6, 2004 affidavit
-- Ex.
D:
ERS' draft memo of law on unconstitutionality of
"disruption of Congress"
-- Ex.
E:
uncharged disruption of Congress incidents:
9/12/01; 4/27/04
-- Ex.
F:
uncharged disruption of Congress incident:
5/7/04
-- Ex.
G:
affidavit of Mark Goldstone, Esq., July 19,
2004
Ex. G:
ERS' August 12, 2004
background affidavit & Rule 9 application
Ex. H:
ERS' August 24, 2004
motion for procedural order & clarification
Ex. I-1: ERS' September 13,
2004 procedural motion
Ex. I-2:
ERS' September 13, 2004 reply affidavit
Ex. J-1: page 7 of DC Judicial Nomination Commission
Questionnaire
Ex. J-2:
D.C. Judicial Nomination press release
Ex. J-3:
info on John Fisher's
nomination/confirmation
Ex. J-4:
info on Noel Anketell Kramer's
nomination/confirmation
Ex. J-5:
pp. 4, 13, 21 of John Fisher's responses to
Senate questionnaire
D.C. Court of Appeals' October 27, 2005
order (Reid, Glickman, Nebeker)
IT'S
DONE!...AGAIN
Elena Sassower's
"CONFORMING BRIEF ON THE MERITS",
filed November 7, 2005
Elena Sassower's
November 6, 2005 consented-to motion for a procedural
order
D.C. Court of Appeals' November 14, 2005
"RETURN NOTICE" --
returning Elena Sassower's November 6, 2005 motion for a
procedural order
AMICUS CURIAE
BRIEF
by
Professor Andrew Horwitz
4th APPELLATE ISSUE:
Unconstitutionality of Probation Terms &
Sentence
U.S. Attorney's December 7, 2005 motion for
an extension of time
D.C. Court of Appeals' December 12, 2005
order (Court Clerk Pinkston)
Elena Sassower's January 10, 2006 letter to
Chief Judge Eric Washington -- RE:
Supervisory Oversight Pursuant to Canons 3C
and D of the Code of Judicial Conduct for
the District of Columbia Courts
--
Attachment #1: November 14, 2005 "RETURN
NOTICE"
& Elena Sassower's original November
6, 2005 consented-to procedural motion
--
Attachment #2: Elena Sassower's returned
October 28, 2005 letter
AMICUS CURIAE
BRIEF by District of
Columbia National Lawyers Guild
3rd Appellate Issue:
Unconstitutionality
of
Disruption of
Congress statute
Elena Sassower's February 22, 2006 judicial
misconduct complaint to the D.C. Commission
on Judicial Disabilities & Tenure
against (1) D.C. Court of Appeals Chief
Judge Eric T. Washington; (2) The Associate
and Senior Judges of the D.C. Court of
Appeals..; (3) D.C. Superior Court Judge
Brian F. Holeman; and (4) D.C. Superior
Court Chief Judge Rufus G. King, III and
D.C. Superior Court Criminal Division
Presiding Judge Harold L. Cushenberry, Jr.
D.C. Commission on Judicial Disabilities &
Tenure's March 1, 2006 acknowledgment letter
U.S. Attorney's February 24, 2006 motion to
release evidence
Elena Sassower' March 8, 2006 affidavit in
opposition to motion to release evidence
Ex
A: U.S. Attorney's affidavit of service
& envelope
Ex B: U.S. Senate Judiciary
Committee's website for its May 22, 2003
hearing to confirm judicial nominees
Ex C: exchange of correspondence
between Asst. U.S. Attorney & Elena Sassower
U.S. Attorney's
OPPOSING BRIEF,
filed March 10, 2006
D.C. Court of Appeals' March 15, 2006 order
(Chief Judge Washington)
Elena Sassower's March 16, 2006 motion for
permission to file
Ex A: October 27, 2005 order
(Reid, Glickman, Nebeker)
Ex
B: Elena Sassower's January 10, 2006 letter to
Chief Judge Washington
--
Attachment #1: November 14, 2005 "RETURN
NOTICE"
& Elena Sassower's original November
6, 2005 consented-to procedural motion
--
Attachment #2: Elena Sassower's returned
October 28, 2005 letter
Ex C: Elena Sassower's February 22, 2006
judicial misconduct complaint
Elena Sassower's March 16, 2006 unopposed
motion for a procedural order for an
extension of time for filing her reply brief
Ex A-1: Elena Sassower's March 15,
2006 letter to Asst. U.S. Attorney
Ex A-2: Asst. U.S. Attorney's
March 15, 2006 letter
D.C. Court of Appeals' March 24, 2006
"RETURN NOTICE"
D.C. Commission on Judicial Disabilities &
Tenure's March 27, 2006 dismissal letter
Elena Sassower's April
4, 2006 letter to U.S. Attorney Kenneth
Wainstein --
"RE: NOTICE OF INTENT TO SEEK SANCTIONS AND
DISCIPLINARY & CRIMINAL REFERRALS"
Elena Sassower's REPLY
BRIEF,
filed
April 5, 2006
Elena Sassower's September 10, 2006 letter
to D.C. Court of Appeals Chief Judge Eric T.
Washington & Clerk Garland Pinkston, Jr.
-- "RE: Calendaring of Consolidated Appeals"
D.C. Court of Appeals' September 15, 2006
order ("on behalf of the merits division
assigned to consider this matter", signed by
Garland Pinkston, Jr., Clerk of Court)
Elena Sassower's October 16, 2006 letter to
D.C. Court of Appeals Chief Judge Eric T.
Washington & Appellate Panel Judges: Vanessa
Ruiz, Noel Anketell Kramer, Frank Q. Nebeker
--
"RE: (1)
Disqualification/Disclosure by the Appellate
Panel &
Transfer of These Consolidated Appeals to
the U.S. Court of Appeals
for the District of Columbia Circuit;
(2) Reconsideration of the Placement of
these Consolidated Appeals
on the Court's October 17, 2006 Summary
Calendar;
(3) Reconsideration of the Denial of Oral
Argument;
(4) Submission of this Letter for the
Record"
Enclosures:
Ex. A: Sassower’s September 10,
2006 letter to D.C. Court of Appeals
Ex. B: September 15, 2006 order
(“on behalf of the merits division”)
Ex. C: D.C. Court of Appeals notice
of panels for October 17, 2006
&
pages 1-3 of summary calendar for October
2006
Ex. D: October 27, 2005 order
(Judges Reid, Glickman, & Nebeker)
Ex. E: Sassower’s January 10, 2006
letter to Chief Judge Washington
with its two attachments
#1
#2
Ex. F: Sassower’s February 22, 2006
judicial misconduct complaint to
the D.C. Commission on Judicial
Disabilities & Tenure
Ex. G-1: Sassower’s March 16, 2006
motion for permission to file
G-2:
Sassower’s March 16, 2006 unopposed motion
for a procedural order
G-3: D.C. Court of Appeals return
notice, dated March 24, 2006
Ex. H: Sassower’s April 4, 2006
letter to U.S. Attorney Wainstein
with certified mail/return
receipt
December 20, 2006 Memorandum Opinion and
Judgment
(Ruiz, Kramer, Nebeker)
Elena Sassower's
PETITION FOR REHEARING
& REHEARING EN
BANC,
Motion to Vacate for Fraud & Lack of
Jurisdiction,
Disqualification/Disclosure & Transfer
filed January 3, 2007
Court of Appeals'
March 20, 2007 Order
(Chief Judge Washington & Associate Judges
Farrell, Ruiz, Reid, Glickman,
Kramer, Blackburne-Rigsby, Thompson; Senior
Judge Nebeker)
************************************************************************************
(2)
UNITED
STATES SUPREME COURT
Sassower's May 21, 2007 motion to extend
time to file her petition for a writ of
certiorari
Ex A: D.C. Court of Appeals
Memorandum Opinion & Judgment, December 20,
2006
Ex B: D.C. Court of Appeals Order,
March 20, 2006
Ex C: Petition for Rehearing,
Rehearing En Banc, Motion to Vacate for
Fraud & Lack of Jurisdiction,
Disqualification/Disclosure & Transfer,
January 2, 2007
Ex D: Appellant's Brief: "Issues
Presented for Review"
Supreme Court's May 30, 2007 letter granting motion -- Thank you Chief Justice
Roberts!
Sassower's August 7, 2007 motion to add 5-1/2 pages to her petition for a writ
of certiorari
Ex A: Sassower's May 21, 2007 motion to extend time
Ex B: D.C. Court of Appeals Memorandum Opinion & Judgment, December
20, 2006
Ex C: Petition for Rehearing, Rehearing En Banc, Motion to Vacate for
Fraud & Lack of Jurisdiction,
Disqualification/Disclosure & Transfer, January 2, 2007
Ex D: Sassower's draft cert petition
Ex E-1: Sassower's June 19, 2007 memo to Justice at Stake Campaign &
its Partners
E-2:
Sassower's July 2, 2007 memo to Justice at Stake Campaign Partners
Supreme Court's August
9, 2007 letter granting motion -- Thank you Chief Justice Roberts!
IT'S
DONE!...NOW AGAIN
PETITION FOR A WRIT OF CERTIORARI, filed August 17, 2007
Docketed on August 21, 2007 as #07-228
PETITION APPENDIX:
A-12c:
Constitutional, Statutory, Court Rule & Ethical Authorities
A-13-21:
D.C. Court of Appeals
Memorandum Opinion & Judgment and is Order on Rehearing
A-22-64:
Prior Court Orders of
D.C. Superior Court Judge Holeman & D.C. Court of Appeals
A-65-101: Petitioner's May 21, 2003 fax to U.S.
Capitol Police
A-68-69:
Petitioner's May 21, 2003 memo to Senate Judiciary Committee
A-70-75:
Petitioner's May 21, 2003
memo to Senator Schumer
A-76:
Petitioner's May 21, 2003 memo to Senator Clinton
A-77-101:
Petitioner's July 3, 2003 memo to
Senator Schumer
A-102-103:
Transcript excerpt of Senate Judiciary
Committee's May 22, 2003 public judicial confirmation hearing
A-104-130:
Petitioner's February 23, 2004 motion to
disqualify Judge Holeman & transfer venue
A-131-165:
Petitioner's March 22, 2004 motion to
disqualify Judge Holeman & for removal/transfer
A-166-170:
Transcript of petitioner's April 16, 2004
trial motion for judgment of acquittal
A-171-182:
petitioner's analysis of underling
prosecution documents, videotape & transcript
A-183-191:
petitioner's May 28, 2003 memo to Senate
Judiciary Committee
A-192-195:
Transcript of petitioner's April
19, 2004 trial motion for judgment of acquittal
A-196-203:
Excerpt of amended transcript of
June 28, 2004 sentencing
A-204-218:
Petitioner's Exhibit C affidavit,
handwritten June 29-July 6, 2004, in support of release from jail
A-219-229:
Petitioner's Exhibit D, draft memo
of law on unconstitutionality of "disruption of Congress" statute
A-230-237:
last page of Petitioner's POINT I:
Judge Holeman's pervasive actual bias, post-trial
A-238-239:
Petitioner's POINT II: venue
provision of disruption of Congress statute
A-240-251:
Petitioner's POINT III:
unconstitutionality of disruption of Congress statute
A-252-256:
Petitioner's POINT IV:
probation terms & superseding six-month jail sentence
A-257-264:
Petitioner's January 10, 2006
letter to D.C. Court of Appeals Chief Judge Washington
A-265-281:
Petitioner's February 22, 2006
judicial misconduct complaint to D.C. Commission
A-282-296:
Petitioner's October 16, 2006
letter-application for disqualification, disclosure, transfer
A-297-310:
Petitioner's January 2, 2007
petition for rehearing, rehearing en banc, motion to vacate for fraud
& lack of jurisdiction, disqualification, disclosure, & transfer
August 21, 2007 Letter from the U.S. Supreme Court, confirming filing and
docketing & form for notifying opposing counsel
Waiver by the United States Solicitor General,
August 27, 2007 -- "The Government hereby waives its right to file a
response to the petition in this case, unless requested to to do so by the
Court."
Sassower's Motion
to "Request", If Not Order, the United States Solicitor General to File the
Government's Response to Petition for a Writ of Certiorari, September 17, 2007
Ex.
A: Supreme Court's August 21, 2007 letter to Petitioner, with enclosed
form
Ex. B: U.S. Solicitor General's August 27, 2007 waiver of the
Government's "right to file a response"
Ex. C: Pages from Petition for Writ of Certiorari
pp. i-iii: "Questions Presented; pp. 2-3: "Statement of the Case", pp. 34-36
"Reasons for Granting the Writ"
Supreme Court Clerk's Office September 19, 2007 letter to
Petitioner (rec'd 9/24/07)
Sassower's
letter to Supreme Court Clerk, September
21, 2007
October 1, 2007 letter-notification of the Court's denial of the petition for a
writ of certiorari
Petitioner's October 9, 2007 letter to Supreme Court Clerk
William K. Suter
-- Petitioner's
October 9, 2007 letter to Chief Justice John G. Roberts
Petitioner's October 9, 2007 motion
for clarification by the Chief Justice, & for Recall/Vacatur of the Court's
October 1, 2007 Order denying Certiorari & Adjudication of Petitioner's
September 17, 2007 Motion to Compel the Untied States Solicitor General's
Response to her Petition for a Writ of Certiorari
Exhibit 1-a: October 1, 2007 letter from the Court’s Clerk, William K.
Suter, giving notice of
the Court’s denial of petition for a writ of certiorari
Exhibit 1-b: Clerk’s Office Computerized Docket Sheet
Exhibit 2: Petitioner's
September 17, 2007 motion to "request", if not order the U.S. Solicitor General
to File
the Government's Response to Petition for a Writ of Certiorari, with express
mail receipt and tracking
Ex.
A: Supreme Court's August 21, 2007 letter to Petitioner, with enclosed
form
Ex. B: U.S. Solicitor General's August 27, 2007 waiver of the
Government's "right to file a response"
Ex. C: Pages from Petition for Writ of Certiorari
pp. i-iii: "Questions Presented; pp. 2-3: "Statement of the Case", pp. 34-36
"Reasons for Granting the Writ"
Exhibit 3-a: Petitioner’s September 21, 2007 letter to Mr. Suter, with
express mail receipt and tracking
Exhibit 3-b: September 19, 2007 letter from Jeffrey Atkins,
Supervisory Case Analyst
PETITION FOR REHEARING, October 26, 2007
Petitioner's October 26, 2007 complaint to Chief Justice Roberts
Petitioner's October 26, 2007 letter to Clerk Suter
November 6, 2007 letter from Supreme Court's Legal Office
Petitioner's November 14, 2007 complaint to Chief Justice Roberts
************************************************************************************
SOLICITATIONS FOR AMICUS CURIAE
& OTHER ASSISTANCE:
CJA's August 24, 2007 memo to Justice at
Stake Campaign & Its Campaign Partners --
"RE: Championing Judicial Independence
at the U.S. Supreme Court by your amicus
curiae support for the filed and
docketed cert petition in the 'disruption of
Congress' case"
CJA's
June 19, 2007 memo to Justice at Stake Campaign & Its Campaign
Partners --
"RE: Championing Judicial Independence at the U.S. Supreme Court by Amicus
Curiae Support
for Cert Petition in "Disruption of Congress" Case"
CJA's July 2, 2007 memo to Justice at Stake
Campaign Partners
CJA's August 24, 2007 memo to Ralph Nader &
organizations, liberal & conservative --
RE: Championing Basic Citizen Rights,
the Vital Importance of Citizen
Participation in Federal Judicial Selection,
and Fundamental Judicial Accountability by
your amicus curiae support for the
filed and docket cert petition in the
'disruption of Congress' case"
CJA's
June 22, 2007 memo to Ralph Nader & organizations, liberal & conservative
--
"RE: Championing Basic Citizen Rights, the Vital Importance of Citizen
Participation in Federal Judicial Selection,
and Fundamental Judicial
Accountability by Your Amicus Curiae Support for U.S. Supreme Court
Review of the Cert Petition in the 'Disruption of Congress' Case"
CJA's August 24, 2007 memo to "right wing"
organizations -- "RE: Championing
Basic Citizen Rights, the Vital Importance
of Citizen Participation in Federal Judicial
Selection, and Fundamental Judicial
Accountability by your amicus curiae
support for the filed and docket cert
petition in the 'disruption of Congress'
case"
CJA's July 2, 2007 memo to "right wing" organizations --
"RE: Championing Basic Citizen Rights, the Vital Importance of Citizen
Participation in Federal Judicial Selection,
and Fundamental Judicial Accountability by Your Amicus Curiae Support for U.S.
Supreme Court Review of the
'Disruption of Congress' Case"
CJA's
June 26, 2007 memo to American Civil Liberties Union of the National Capital
Area --
"RE: Championing Basic Citizen Rights,
the Vital Importance of Citizen Participation in Federal Judicial Selection, and
Fundamental Judicial Accountability by Your Amicus Curiae Support for
U.S. Supreme Court Review of the Cert Petition in the 'Disruption of Congress'
Case"
CJA's June 15, 2007memo to District of
Columbia National Lawyers Guild --
"RE: Amicus
Curiae & Other Support of U.S. Supreme
Court Review of the 'Disruption of Congress'
Case"
CJA's
June 13, 2007 letter to
Professor Jonathan Turley --
"RE: Amicus Curiae
& Other Legal & Media Assistance in support
of U.S. Supreme Court review
of the
'disruption of Congress' case"
****************************************************************************
DEFENDERS OF THE PUBLIC INTEREST:
1. PROFESSOR ANDREW HORWITZ,
Professor of Law & Clinical Programs at
Roger Williams University School of Law
-- AMICUS
CURIAE
BRIEF
TO DC COURT OF APPEALS
ON 4th
APPELLATE ISSUE:
UNCONSTITUTIONALITY OF
PROBATION & SENTENCE
Elena Sassower's May 25, 2005 letter to
Professor Horwitz
Elena Sassower's May 31, 2007 e-mail to
Professor Horwitz -- "Thank You for
Being the First Amicus Curiae at the
U.S. Supreme Court
in the 'Disruption of Congress' Case"
2. DISTRICT OF COLUMBIA NATIONAL LAWYERS GUILD
--
AMICUS CURIAE
BRIEF TO D.C. COURT OF
APPEALS on 3rd APPELLATE
ISSUE: UNCONSTITUTIONALITY OF DISRUPTION OF
CONGRESS STATUTE
Elena Sassower's June 2, 2005 memo to
District of Columbia National Lawyers Guild
Elena
Sassower's June 15, 2007memo to District of
Columbia National Lawyers Guild -- "RE: Amicus
Curiae & Other Support of U.S. Supreme
Court Review of the 'Disruption of Congress'
Case"
3.
PROFESSOR JONATHAN TURLEY, Professor of
Public Interest Law at George Washington
University Law School
-- MEDIA RESOURCE
Elena Sassower's June 6, 2005 letter to
Professor Turley
Elena Sassower's August 19, 2005 letter to
Professor Turley
Elena Sassower's June 13, 2007 letter to
Professor Turley -- "RE: Amicus Curiae
& Other Legal & Media Assistance in support
of U.S. Supreme Court review of the
'disruption of Congress' case"
************************************************************************************
MISSING IN ACTION:
Ralph Nader & established/establishment
organizations -- both the supposed
"non-partisan, good-government" ones and
those on the left & right --which purport to
concern themselves with federal judicial
selection, the rule of law, &/or enhancing
citizen participation in our democracy and
accountable government
Requests for amicus
curiae support & other assistance
Elena Sassower's May 27, 2005 memo to Ralph
Nader & established/establishment
organizations
Elena Sassower's June 1, 2005 memo to
American Civil Liberties Union of the
National Capital Area
Elena Sassower's August 23, 2005 memo to
Ralph Nader & established/establishment
organizations
Elena Sassower's August 23, 2005 memo to
ACLU of the National Capital Area...
Elena
Sassower's June 19, 2007 memo to Justice at
Stake Campaign & Its Campaign Partners
-- "RE: Championing Judicial Independence at
the U.S. Supreme Court by Amicus Curiae
Support for Cert Petition in "Disruption
of Congress" Case"
Elena Sassower's
June 22, 2007 memo to Ralph Nader &
organizations, liberal & conservative --
"RE: Championing Basic Citizen Rights, the
Vital Importance of Citizen Participation in
Federal Judicial Selection, and Fundamental
Judicial Accountability by Your Amicus
Curiae Support for U.S. Supreme Court Review
of the Cert Petition in the 'Disruption of
Congress' Case"
Elena Sassower's June 26,2007 memo to the
ACLU of the National Capital Area
--
"RE: Championing Basic Citizen Rights, the
Vital Importance of Citizen Participation in
Federal Judicial Selection, and Fundamental
Judicial Accountability by Your Amicus
Curiae Support for U.S. Supreme Court
Review of the Cert Petition in the
'Disruption of Congress' Case"
SEE
Searching for Champions (Correspondence)-
Nader
Searching for Champions (Correspondence) -
Organizations
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