Bret Sablosky
Sen. Charles Schumer
Hart Sen. Office Bldg.
Washington, DC 20510
Dear Sen. Schumer,
Democratic Senators can sabotage and delay the Amy ConeyBarrett hearings scheduled on October 12-15, 2021 by filing shrewd and brilliant claims to have trials on several issues including whether the obstruction of Merrick Garland nomination was a violation of Constitutional Rights and duties of President Obama and the other47 Democratic and Independent elected U.S. Senators who wished to vote on the Garland nomination in a full Senate vote. The case, for which there is ample public evidence, and even testimony- in the form of public interviews- will push the nomination process to the next President, win or lose.
DEMOCRATIC AND INDEPENDENTSENATORS ASK FOR DECLARATORY AND INJUNCTIVE RELIEF AGAINST THE ALLEGEDLYILLEGAL UNCONSTITUTIONAL BLOCKING OF MERRICK GARLAND NOMINATION BY SEN. MITCH MCCONNELL AND SEN. CHARLES GRASSLEY AND THE REPUBLICAN SENATORS ON THE JUDICIARY COMMITTEE WHO DECIDED, WITHOUT A VOTE, TO NOT HAVE HEARINGS ON JUDGE MERRICK GARLAND, WITHTHE SPECIFIC INTENT OF INFLUENCING THE ADMINISTRATION OF JUSTICE IN THE UNITED STATES OF AMERICA. DURING THAT TIME, THE ENTIRE JUSTICE SYSTEM WAS SLOWEDMEASURABLY.
First, we have the court rule the question of: was the nullification of President Obama's appointments to the US Supreme Court, in effect, the McConnell and Grassley alleged illegal veto nullification of a U.S.Supreme Court nominee by a serving president is illegal? If the court determines the nullification of the Garland nomination was illegal, then we ask for the court to rule on a remedy. The remedies we suggest are either remedies of law or remedies of equity. Federal courts are both courts of equity and law. Democrats ask for either of two remedies:
Remedy 1 is to remove JusticeGorsuch on a finding that he has no tenure during good behavior since his appointment could not possibly be legal under the corrupt unconstitutional circumstances of the appointment and the court allows a special master to replace him from President Obama's list of potential nominees compiled during Obama/s staff, if the winner of the next election is a Republican. This case will not be decided in time before the completion of election results of the next Nov. 2 2020 presidential election and before the new senate and House of Representatives are sworn in on January 5, 2021 and the new president is sworn in on January 20, 2021. Court
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decisions on these issues will take until after January 20, 2021
Remedy 2 is to issue a TRO and preliminary Injunction and permanent order against the appointment of any nominee by Donald Trump to replace the vacant judgeship caused by the death of Ruth Bader Ginsburg. The reasoning is that Trump already committed an illegal act by filling the vacant judgeship with his own nominee, when the judgeship vacancy should have been filled a nominee by President Barack Obama being appointed,voted on by a majority of full U.S. Senate. There was time for at least two potential Barack Obama nominees to have full hearings before the Senate Judiciary Committee between march 1, 2016 and October 30, 2016 or November 30 2016 and there was plenty of time for the full Senate to vote on at least two nominees, even if the first nominee was rejected.
The question of what the difference is between the two remedies does the court prefer to leave Justice Gorsuch in as Justice and allow a special master to appoint a new U.S. Supreme Court Justice from PresidentObama's list of potential U.S. Supreme Court nominees or does PotentialPresident Biden get the right to choose justice for the vacant seat left vacant by Ginsburg. A DemocraticPresident should either fill the seat now occupied by Justice Neil Gorsuch orthe judgeship vacancy left vacant by Justice Ginsburg's death, whether-President Obama or Next President Biden. Let us have some fair play here according to the Constitution of theUnited States. President Donald Trump isonly legally entitled to fill the seat left vacant by the resignation retirement of Justice Anthony Kennedy and Justice Ruth Bader Ginsburg.
Sabotaging and delaying the nomination hearings and theSenate vote on Amy Coney Barrett is for now the most important job theDemocratic Senators can do. It does not matter if Democratic Senators win thecase in federal court or not as long as Democratic Senators can delay the Amy Coney Barrett JudiciaryCommittee hearings and full Senate nomination vote until after January 5 2021 or after January 20 2021 Mitch McConnell is a criminal, read the attached letters with citations to criminal statutes violated by Mitchell McConnell and Charles Grassley. The nomination of Judge Merrick Garland was obstructed illegally civilly and criminally by McConnell and Grassley. The remedy was as I explained in the attached letter “LEGAL STEPS THAT SHOULD BE TAKEN TO REMOVE JUSTICE NEIL GORSUCH FROM UNITED STATES SUPREME COURT” was at that time a writ of mandamus. When McConnell in March 2016 with the assistance of conspiratorial actions of Sen. Charles Grassley first obstructed judiciary committee hearings and a full Senate quorum vote, the remedy was forthe White House counsel, W. Neil Eggleston to file an application for a writ of mandamus with the District Court in the District of Columbia, then appeals would be
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filed by McConnell to the D.C.Circuit Court of Appeal and Obama's attorney Eggleston would ask for appeal to an en banc panel on D.C. Circuit Court of Appeals instead and then the loser would appeal for certiorari to the U.S. Supreme Court. There is substantialU.S. Supreme Court case law that makes clear that such “political law disputes”are justiciable and decidable by the federal courts. Disputes between the branches of federal government are political law disputes, just like when the congress took President Nixon to court to challenge and end the “line item veto” practice that Nixon was using to delete items Congress had funded. Such disputes do not constitute “political doctrine issues”, which are non-justiciable issues. Also see UnitedStates v. Nixon, application of F.R. Crim. Pro. 17 (c) to an intra branch dispute in the Executive Branch of government. See Baker v. Carr.
In the case of McConnell and Grassley obstructing PresidentObama in March 2016, a lawsuit against McConnell and Grassley to get the federal courts to issue a writ of mandamus against each of them as defendants and the writ of mandamus was the proper legal remedy to order that Judiciary hearings be held and that there be a full Senate vote on Garland nomination. I can tell you Sen. Schumer that Obama would have won the writs of mandamus ordering McConnell and Grassley to do their duties as ordered in the Constitution. Even of there were no hearings and if there was a full Senate vote on Judge Garland nomination, then Judge Garland would have been nominated by at least a 51-49 full Senate vote. McConnell for years blocked Democratic President Obama [and earlier when Clinton was president blocked nominations by President Clinton] from making appointments to the federal courts. At least 80 district court and appeals court judge nominations by Obama were blocked by MitchellMcConnell. The Democrats and President Obama should have filed a lawsuit in federal court long ago. The weakness of the Democrats in the Senate to have allowed crook McConnell to get away with these crimes is terrible.
If we are going to fight the Republican SS, then you must use the heavy weapons, to fight the Republican enemy. The Republican enemy prides themselves on the kind of fight they wage against the Democrats in the senate.
Very Truly Yours
Bret Sablosky
powerfulconstitutionalrights.org/...
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