Home World Politics A Suggestion for SCOTUS: Certiorari for Pozner v Fetzer

A Suggestion for SCOTUS: Certiorari for Pozner v Fetzer

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Prof James Fetzer, photo: qodsna.com

by Mary W Maxwell, LLB

Every man and his dog that has suffered an injustice — or claims to have — looks forward to seeing his matter settled by The Great Nine. Whether one’s case had started in a federal district court, a state court, it can rise to the US Supreme Court. Unfortunately, though, too many hopefuls apply each year.  That is, they “petition for a writ of certiorari” — they are asking that SCOTUS will order a lower court to send the file up to them.

The justices grant fewer than 5% of the petitions each year. I am going to make the case that this year — indeed, next week — the justices should embrace a terrible problem and give the whole nation what we need. I refer to the Sandy Hook case, in which Leonard Pozner sued James Fetzer in a Wisconsin court.

Pozner accused Fetzer of defaming him in an article, published within a book, by calling him a liar. Fetzer did not exactly say “Pozner is a liar.”  Rather, Fetzer said that the death certificate that Pozner circulated as that of his 6-year-old son Noah, is fake.  In 2019, the lower court ruled in favor of Pozner. Not because the judge examined the facts, or asked a jury to do so, but simply because he, Judge Frank Remington, decided to make a SUMMARY judgement.

Understandably, Fetzer complained that he was cheated of due process. He should have been given a chance to show his evidence. He had hired two forensic investigators to submit their reports on the authenticity of the death certificate — those experts were willing to appear in court, in person or by Zoom. After reading those reports, in the file, the judge decided to ignore them.

Case closed. Fetzer was assessed $650,000 for breach of a confidentiality agreement and $450,000 by the jury for the defamation.  A total of $1.1 million for the belief that the death certificate was fake.

How Does SCOTUS Choose Its Very Limited Number of Cases?

I refer here to a book by political scientist HW Perry, Jr, entitled “Deciding To Decide” (Harvard U Press, 1991). At the beginning of the book, Perry quotes two law clerks’ answers to the question: “How Does the Supreme Court decide which cases to pick?”

Clerk 1: You know when you are riding home on the subway in New York and you want to pick up a magazine, there are hundreds that are all about the same. You pick the one that has something that stands out and grabs your attention.

Clerk 2: How does a case get chosen? Serendipity.

But Perry, being a political scientist, knows that the decision must be in some sense, political. My own experience consists of four “pro se” cases that I filed in US District Court, two of which advanced to the Circuit Court.  Since the issues in my case were of a political nature, they did not get ruled on.

They were dismissed on the grounds of being a “PQ” — a Political Question! (Plus the issue of standing, but I think standing is mainly a way for the court to avoid dirtying its hands.) One must give some credibility to the PQ doctrine — the court rightly says if the matter is political, the two elected branches should solve it.

Two of my cases were about a president making war without Congress’ say-so.  I agree that war is a political issue — extremely. But I was asking the court to speak to the law concerning a president acting without constitutional authority. Surely that’s within the bailiwick of the Third Branch.  The hands-off policy is an exercise of judicial deference to the Executive branch. (You would think Congress would scream about this.  They did, prior to 1945, but not after.)

Textbook Rules for Granting Cert

A decision to accept a case requires consent by 4 of the 9 justices. Their work is secret, but one justice who served from 1945-1957 wrote extensively of decisions made during those years. (Justice Harold Burton; his work was published after his death in 1965.) Also, a justice is allowed to pen a dissent to a cert-denial, and these can be made public.

I know of only one actual textbook rule, as to when SCOTUS must accept a case — but even that can be overruled by their famous discretion. (The Supreme Court hath no boss.)

That one rule is: If two circuit courts have come up with rulings that are incompatible, SCOTUS should seize the next convenient case that comes up on that subject, to resolve this.  After all, there’s something wrong with the people in the First Circuit’s region (New England) having to follow a high-level decision that differs from what the people are following in the Ninth Circuit’s region (US southwest).

Anther more or less textbook rule is that cert should be granted if the area of law is so new as to never have been “settled.” This was true when agribusiness wanted to patent life forms such as seeds. If a lower court said Yes, people would feel that such a shocking thing should have been taken higher. it was, finally:  SCOTUS OK’d the patenting of seeds.

A People’s Need To Know What Happened

Each year, thousands of the appellants and respondents, who started as plaintiffs and defendants, decide to petition for “cert.” (Boy, did I feel like Mrs Big Stuff in law school when I picked up that abbreviation for certiorari. By the way, certiorari is Latin for “to be informed” — something I learned this very afternoon!)

I hereby propose that there be a textbook rule advising SCOTUS to grant cert when the public is puzzled about something. I don’t mean puzzled as to what the law holds — as in the seed-patenting decision — or as when we waited 4 years to find out if boxing champion Muhummad Ali’s conviction for draft-dodging would be upheld. (It was overturned.)

I mean when, as in the Sandy Hook case, there are great conflicting claims about the plain facts. Why should people remain puzzled, if a sorting out of facts (the child’s death certificate) would settle an issue?  Don’t the Black Robed ones get paid (current salary $250,000) to help us?

When Is a Conspiracy Theory Not a Conspiracy Theory?

Many conspiracy theories have got solved over the years. That is to say, they were proven or disproven, usually by science or by a confession. The Gulf of Tonkin is an undisputed example.

But I can only think of one case where a famous conspiracy theory got resolved in court, viz., King v Jowers.

Mrs Coretta Scott King, widow of MLK, sued — for a token amount, a hundred dollars — the man who had already told her he was involved in shooting King in 1968, that is, Loyd Jowers.  Think how important Martin Luther King was, but mainstream media did not send even one reporter to watch the trial! The court case did go properly, hooray! and the King family got the satisfaction of winning.

(Note: Even today, newspapers say MLK’s killer was James Earl Ray. Isn’t that awful?  Ray had confessed upon arrest, but a few days later wrote a letter to the judge recanting his confession. Then that judge was found at his desk, deceased. Please see the book “Truth at Last” by John Ray and Lyndon Barsten, or “An Act of State” by William F. Pepper, for the cruelty suffered by James Earl Ray.)

Of many other cases where the public needs to know, none that I recall came to court. James Fetzer has every right to bring his defense — after all, he is going to have to pay $450K if he can’t show the facts behind his “defaming” Pozner. Happily, Fetzer did at least get to first base — the trial court allowed Fetzer to plead his defense.  But then the judge blocked its adjudication on the merits, by means of a Summary judgment.

You may be thinking “Courts shouldn’t listen to conspiracy theory.” But the word “conspiracy” is heard in courtrooms every day. “So-and-So conspired to sell drugs.” Note: a person commits a crime by conspiring to do crime, even if he fails to pull it off.

As for the word “theory,” most, if not all, investigations of the unknown begin with a theory. A  huge number of such cases gets adjudicated — if the party finds sufficient facts to prove their the theory to a judge or jury, they win the case.  Fetzer claims he can prove his defenses to Pozner’s complaint if he is given the chance.

As stated above, The Third Branch has excused itself from checking the Second Branch (judicial deference), whilst the First Branch apparently couldn’t care less.  We need help!

Fiat Jusitia, Ruat Caelum

“Let justice be done, though the heavens fall” — is a maxim of law. It’s inscribed into the entranceway to my law school (Adelaide Law, Australia). I’d like to see more of it — in the flesh.

I invite the many citizen advocates of justice, to turn an eye to the question of SCOTUS granting cert to resolve questions that the public wonders about. Not that I claim a majority of Americans have doubts about Sandy Hook — they don’t.  The promotion of that event, since December 14, 2012, has persuaded most people that it happened as described by officialdom and media.

Still, it’s safe to say that a majority of Americans think the JFK shooting “by Lee Harvey Oswald” is a lie.  And as early as five years after 9-11, polls showed that about half the people in the US rejected the 19-hijacker story as the cause of the collapse of the Twin Towers. None of those doubters got to court. But here in the Pozner v Fetzer case, there is a simple way for law to get in.

SCOTUS has only to grant cert and remand the case back to the trial count to give Fetzer the floor.  Maybe his story of a faulty death certificate will be proven unworthy. At least the folks will get to hear him argue his case.

Bring it on!

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44 COMMENTS

  1. On Topic. From Dane Wigington at Geoengineering Watch:

    “For well over a decade I have been completely immersed in constant research and constant awareness raising efforts in the battle to expose geoengineering. During this long and arduous march countless individuals have confronted me in search of a simple cure. In search of a simple solution that will somehow suddenly put a stop to the spraying and put everything back in order, so that they can put this concern to rest and go back to their usual manner of life.

    “No such solution exists. The sooner this fact is accepted the sooner we can move forward with the essential work that needs to be done. The point I have tried to press for so long is still the same, there is only one way forward in the fight to stop global geoengineering is this, achieving a critical mass of awareness on the issue (and the dire threat it poses) amongst the general population. One cannot fight a battle without an army, the only way forward in the fight to halt global geoengineering is by creating and recruiting an army of the awakened.”

  2. Well Mary,
    I must presume that if you wished you could have spent some time listening to the Merritt interview and learnt how Australia dealt with our mice plagues with ‘targeted vaccines’

      • Mary,
        The vets advanced from 1901 to about 2015 when they developed a injection TARGETING one generation of mouses which by contact with another mousie to the next and next thus wiping out the plague.
        Perhaps we are like the mice, after all, if the vets of Australia could wipe out the plague back then, what can Faucigate now accomplish, well, how would you feel if you were injected and expected grandchildren and great grandchildren?
        Perhaps Merritt is NOW pricking your curiosity and concern for humanity and worth 1 hour and 27 minutes of your time. In parts if one can not last 1 hour and 27 minutes, noting that a televised rugby match, including half time is a little more and much more with advertisement.
        Is a consideration of likely genocide worth less time then a television sports show?
        Seems not for many.
        For new readers, go back and listen to the Merritt interview in the preceding article here at gumshoe and decide if you agree with Mr Tony Ryan that it is
        ‘Not heard’ by him, GARBAGE, in his opinion.

        • I played it twice so far and might go a third later but I have to say the first few minutes could be hard yakka for someone resistant to bio-medical types of conversation.
          Some people prefer reading to listening and you can turn the speed up to 1.25 or 1.5 by using the settings (cog logo) on the video, 1.25 is fine for this one.
          The video offers a sweeping outline to the Green Solution to the problem of Useless Eaters, at least from the medical perspective.
          It’s a clear-sighted analysis of “Stage 1” of the culling experiment.

  3. This, too, is precisely on topic. It is from Paul Craig Roberts:

    “The Western media is a collection of liars in a propaganda ministry, and its so-called “Russian experts” are for the most part Russophobes operating on grants from the US military/security complex.

    “Consequently, Westerners have no valid understanding of the conflict in Ukraine, how it arose, and how the West’s involvement together with extraordinary provocations, has created in the Russian leadership the conviction that the goal of the West is to destroy Russia. As this conviction hardens, the Russian leadership is abandoning hope of peaceful coexistence with the Western world and is preparing for war.”

  4. Seriously, Aussies, here’s your cue. The Liz era has ended. We can start something new. There is nothing to prevent it — excepting refusing to think about it.

    Come on, put on your happy caps:

    • Putin can pop a nuke on Canberra and what’s anyone going to do about it ?
      Canberra is not even required, it has turned out to be pure theatre, just another brainwashing exercise. Can you have a democracy under a monarch, no !!! That’s why they hate the USA so much, they deleted the monarch, for which the democracy was created, as a red and blue shield.

  5. I add this to my statement in the above article, regarding the de facto change in constitutional authority (I’m sorry to put it that way) that comes about from judicial deference to the Executive Branch. This is from Professor Fisher, see loufisher.org:

    “Truman in Korea, Bush in Iraq, Clinton in Haiti and Bosnia — in each instance a President circumvented Congress by relying either on the UN or NATO. President Bush also stitched together a multilateral alliance before turning to Congress at the eleventh hour to obtain statutory authority. Each exercise of power built a stronger base for unilateral presidential action, no matter how illegal, unconstitutional, and undemocratic.”

    • Pity about the mice demonstrating targeted victims not heard. It is about 4 minutes of time in the video.
      Oh well, I suppose you will find something else to prepare for here that will take up those 4 minutes.

  6. Ned, I honestly can’t stop to watch the mouse-plague theory. I’m willing to accept it as plausible just from the sound of it and from the history. Oh, I said mouse plague in 1901 in Sydney, but I mean rat plague.

    And that leads us to the bubonic plague in Londinium (in 1666, mark you). There was an accompanying disease. I quote history-uk.com:

    “It began in London in the poor, overcrowded parish of St. Giles-in-the-Field. It started slowly at first but by May of 1665, 43 had died. In all, 15% of the population perished during that terrible summer…. when the plague appeared in a household, the house was sealed, thus condemning the whole family to death! … The King, Charles II and his Court left London and fled to Oxford.”

    I assume the fire and the disease were both caused in order to help clear the way for the City of London and the Bank of England, or maybe for the reign of Wm and Mary?

    Same as today. Here is Spiro Skouras’ 2020 show with our pal James Perloff. Don’t listen to it all, just the first 1.5 minutes where both boys set the stage for The Fourth Revolution. I think we’d better get in fast with the Fifth Revolution, don’t you? (See Philip Allott’s “Eutopia.”)

    https://jamesperloff.net/news/guest-on-spiro-skouras-show-december-15-2020/

    • Don’t listen to it all ?
      At about 20 mins they say there were two assassination attempts on Gerald Ford which would have made Nelson Rockefeller unelected president. Maybe Nelson prevented the assassinations !!! Anyway they are saying this is the model for the Kamala presidency, when Sleepy goes completely ga-ga.

  7. If you are at all interested in the tyrannical antics of the various Australian governments then you won’t waste your time listening to this –

    “How was it in Jail?” Maria Zeee interviews National Security Interest inmate Aussie Cossack

  8. What is Really Behind Iran’s Unrest?
    9,019 views Sep 26, 2022 The Western media is depicting unrest in Iran as “the people” demanding social justice and women’s rights. In reality, it is part of a years-long effort by Washington to foment upheaval and regime change in Iran.

    Policy papers from 2009 detailed step-by-step how the US could overthrow the Iranian government and install an obedient client regime in its place. Since then, each step has been implemented verbatim with varying degress of success, and the process, as we can now see, continues today.

  9. New US-Russia Battleground? Arctic? – Facts Tell

    7,347 views Sep 25, 2022 Worsening relations between #Russia and the #US and its allies have spilled over into the Arctic, the once-serene habitat of polar bears. The Arctic region has been growing in geo-strategic importance recently, from both economic and military perspectives. Has the formerly peaceful wonderland become the latest venue for geopolitical tensions? Welcome to this episode of Facts Tell.

    • I heard polar bears evolve fairly quickly back into grizzly bears if they are in warmer climates so they won’t be bothered if Nostradamus predictions of Arctic War come true

  10. See Ukraine Port City’s Referendum (Backed By Russia) To Join Russia
    14,876 views Sep 26, 2022 With the Referendums To Join Russia In full effect In Ukraine, Ukraine government has begun accusing Russia of coercing residents to vote they are condemning them calling them a ‘propaganda show’ but never the less the voting begins in Russian-controlled territory of what is internationally recognized as Kherson, Zaporizhzhia, Donetsk, & Lugansk Regions (Donetsk and Lugansk People’s Republics).
    We are on the ground covering all 4 areas that are having the referendums so you can see for yourself and make an educated opinion. In this report We show you some of the processes of the referendum in the Ukrainian port city of Berdyansk in the Zaporizhzhia region
    As you most probably know there have been huge developments in the Russia – Ukraine war this week.
    The west keeps supporting Ukraine with more and more weapons which seem to be antagonizing Russia. They continue to refuse to show the full story of what has been happening in Donbass for the last 8 years. The Russian President seems to have had enough and says Russia is ready to use nuclear weapons & any other means of mass destruction in case of a threat to territorial integrity and weapons of mass disruption are used on Russia. and he says “This is not a bluff,” . The Russian Defense Minister Shoigu says Russia is at war with the collective West,” and a Partial mobilization has been announced by Russia. The US has also privately warned Russia against using nuclear weapons.
    Of course, as always full English and Russian translated subtitles

  11. The biggest industry in Canberra and other corridors of state governments are the lobbyists, acting on behalf of their controllers.
    After leaving parliament, they are promoted working for firms like Goldman Sachs.
    Former treasurer comes to mind.

    Anyway, the system in Oz sucks. Here, even if you win in court, still end up paying legal costs. If you don’t pay they take all you have.
    Rich sucking more wealth, as victims are crushed. One way traffic only, crime pays well for oil on top.

  12. It might not be comfortable to concede that each and every justice system on the face of the earth is a political construct, but it’s critical to to getting on top of anything

    • Berry, I quote John Robison’s Proofs of a Coinspiracy, dated 1798:

      “I do not mean by all this to maintain, that the Mason Lodges were the sole corrupters of the public mind in France. No — in all nations that have made much progress in cultivation, there is a great tendency to corruption, and it requires all the vigilance and exertions of magistrates, and of moral instructors, to prevent the spreading of licentious principles.

      “They arise naturally of themselves, as weeds in a rich soil; and, like weeds, they are pernicious, only because they are, where they should not be, in a cultivated field.”

      • John Robison is exactly right. The sly perversion of reality (truth) and virtue (morality) could never work at all without the tacit, or convenience compliance of the “important people” who are presumed to be the standard of “acceptability”.

        If truth and virtue are “evolving concepts” then truth and virtue are whatever is convenient to whatever is holding the threat or the con-job.

  13. ” But then the judge blocked its adjudication on the merits, by means of a Summary judgment.” – So what did the Summary Judgement say?

    After all, “After reading those reports, in the file, the judge decided to ignore them.” – Maybe like so much of ‘expert’ evidence that is just some hired gun that will earn his pay by giving a report that the litigant likes. Many times they are inconsistent on their face, that is, against the objective evidence that is contained within the report itself.

    Perhaps the judge noted such nonsense and dismissed the validity of the hired experts.

    I note that Fetzer also claimed that “no one died at Christchurch”. He doesn’t appear to be a person that has an ability to assess evidence, his bias in assessing evidence would likely affect his assessment of some hired expert’s report.

    I would have enjoyed the article much more if you had got a hold of the summary judgement and wrote an article on the actual judgement and point out where the judge erred. Perhaps the appeal to the Supreme Court addresses these potential errors??

    • Terry,
      I conversed with Fetzer at veterans today in about 2008 for a few days re 911.
      I concluded that he is an idiot or a misinformation shill.
      When I noted Fetzer mentioned in Mary’s article I ignored it like avoiding a rat plague.

      • Probably an idiot, there seems to be a fair number of them running around lately. I hope he gets his ass sued off, stupid people deserve what stupid does.

    • The “no one died” credo is largely engendered by the prohibition on publishing footage of dead or seriously injured bodies. Why should anyone believe anything when there’s no such visual evidence ?
      Easy to miss the fact that all such surreal scenarios are of themselves a contrivance

  14. The Corona commission (Germany) has since around 2 years unsettled Mr Global/Virus elite.

    A couple of weeks ago I noticed that Dr Reiner Fuellmich was reported missing. Odd, I thought. (He hasn’t disappeared – he was speaking in Athens the other day.)

    Today 26 SEP2022, at “HUGO talks” Reiner’s right hand person Ms Viviane Fischer is unloading the accusation that Reiner has misappropriated 1.35 mil (Euros?) from the commission. I dare say that the work of the commission will stop.

    I wonder: Was Ms Fischer paid a large sum by Mr Global/Virus Elite to stop the Commission’s work for the truth?

    https://rumble.com/v1l9wwf-reiner-fuellmich-responds-to-1.35-million-theft-allegation-from-corona-comm.html

    Reiners defense which Hugo has conveniently omitted to post, is far more comprehensive and detailed than Vivianne’s (who was arrested and put in a mental facility for 3 days at the beginning of the Corona investigation process – mind you they are trying to discredit all of us like that) accusation.

    https://hugotalks.com/2022/09/25/no-surprise-here-reiner-fuellmich-accused-of-stealing-1-35-million-from-corona-committee-conetwork-newagedoctors/

    Someone else having problems with the GSN field for comments?

  15. French general pays tribute to the AntiVaxxers: “They seem normal, but they are superheroes”

    https://www.frontnieuws.com/franse-generaal-brengt-hulde-aan-de-antivaxxers-ze-lijken-normaal-maar-het-zijn-superhelden/

    “Even if I were fully vaccinated, I would admire the unvaccinated for having withstood the greatest pressure I have ever seen, including from spouses, parents, children, friends, colleagues and doctors.”

    Frontnieuws reprints the text in which Christian Blanchon (in the title photo), general of the French army, pays tribute to those who have resisted the enormous pressure of the forced vaccination.

    For the past two days, French Army General Christian Blanchon’s formidable message to the unvaccinated, published Sept. 10 in Medias-presse.info , has also been circulating on social networks.

    After more than two years of contempt, insult and threats against the “pure-blooded”, these words are the best tribute that can be paid to them.

    Below is the translation.

    General Christian Blanchon’s Message in Tribute to the Unvaccinated

    They’re there, by your side, they seem normal, but they’re superheroes.

    Even if I were fully vaccinated, I would admire the unvaccinated for having withstood the greatest pressure I’ve ever seen, including from spouses, parents, children, friends, colleagues, and doctors.

    People who are capable of such character, courage and critical ability undoubtedly embody the best of humanity.

    They can be found everywhere, in all ages, education levels, countries and opinions.

    They are of a special kind; they are the soldiers every army of light wishes to have in its ranks.

    They are the parents every child would like to have and the children every parent dreams of.
    Australian tyrants proclaim to flood the country with vaccinated superspreaders to infect the unvaccinated with Covid

    They are beings above the average of their societies, they are the essence of the peoples who have built all cultures and conquered horizons.

    They’re there, by your side, they seem normal, but they’re superheroes.

    They did what others couldn’t, they were the tree that withstood the hurricane of insults, discrimination and social exclusion.

    And they did it because they thought they were alone, and believed they were alone.

    Excluded from their families’ Christmas table, they have never seen anything so cruel. They lost their jobs, they lost their careers, they ran out of money… but they didn’t care. They suffered immense discrimination, charges, betrayal and humiliation… but they carried on.

    Never before in humanity has there been such a casting, we now know who the rebels are on planet Earth.

    Women, men, old, young, rich, poor, of all races and all religions, the unvaccinated, the elect of the invisible ark, the only ones who managed to resist when everything collapsed.

    It’s you, you passed an unimaginable test that many of the toughest Marines, Commandos, Green Berets, Astronauts and Geniuses failed to pass.

    You are made of the material of the greatest that ever lived, those heroes born among common men who shine in the dark.

    – Christian Blanchon, General of the French Army

  16. MM,
    This all sounds so familiar:

    “He should have been given a chance to show his evidence. He had hired two forensic investigators to submit their reports on the authenticity of the death certificate — those experts were willing to appear in court, in person or by Zoom. After reading those reports, in the file, the judge decided to ignore them.”

    The truth has been consistently ignored in many courts.

  17. Paul Craig Roberts sums up the midterm elections:

    “… honest Americans face federal charges by a totally corrupt government for trying to ensure the integrity of American elections
    This is the point to which the Democrats and the whore media have brought a once proud democratic and free country.
    The Democrats and FBI would not be doing this unless they expected to succeed. The initial response of insouciant Americans is to believe the government. Then years later when they discover they were deceived, it is too late to do anything about it, and they fall for the next deception. Freedom is lost because of the stupidity and gullibility of the people.
    The Democrat Party, FBI, and US Department of Justice (sic) have committed so many felonies that a Republican election victory, despite RINO Republicans such as the useless Minority Leader in the Senate, would result in a demand for investigations and accountability. The Democrats, their whore media, the FBI, and the Department of Justice (sic) are not going to allow a free election.
    Don’t expect one. You are not going to get one.”

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