Report on the Federal Courts by John Cavicchi, Esq

John Cavicchi Attorney at Law 25 Barnes Ave. E. Boston, MA 02128 Tel. 617-567-4697 Email: [email protected] July 11, 2008 Andy Ramirez, Chairman Friends of the Border Patrol PO Box 2685 Covina, CA 91722 Re: Request for congressional investigation Eugene Cavicchi case, Miami CBP and Federal Judiciary National Conference in Houston, June 8, 2008 Dear Mr. Ramirez: As you requested, attached hereto are supporting documents in support of my statement at the National Conference—Exhibits 1-7, wherein I discussed my brother’s case. Exhibit 8 contains a backdated, fabricated letter and Mark Conrad’s declaration—the letter was unsigned, typed in perfect English, and dated January 30, 2004. The letter was attributed to Rafael Moya, an immigrant who does not speak or write literate English, and writes his name Rafael Moya, not Ralph Moya, as indicated on the typed letter. I have enclosed Moya’s handwritten statement on November 25, 2003. According to Agency attorney, Tara Barry, the letter was discovered in former Agency attorney Francesca Alvaro’s files. CBP proferred the letter and later tried to claim that Moya gave the letter to Wilfredo Lopez. However, Lopez admitted that he was unaware of the letter until shortly after I noticed his deposition on November 20, 2007. When I asked Lopez whether he discussed the letter with anyone, AUSA Fernandez cited the attorney client privilege. Lopez admitted that he discussed the letter with Agency attorney Claire Lemme several days before his deposition. I have Lopez’s deposition on CD, which I shall provide separately. I did not include records of Miami-Dade’s prosecution of an individual who assaulted and battered Gene. Moya, who restrained the assailant and another civilian, Igor Sandoval, witnessed the assault and battery and provided statements. However, AUSA Fernandez and CBP continue to represent that it was an “alleged assault.” According to Sandoval’s testimony: [C]ustoms officer was handing out invoices, walked to the table. Lady was on garbage can sitting down. Customs officer in full uniform asked lady to move off garbage can. She started to use profanity towards him.... He asked three or more times, then said he wanted to see her I.D. badge for who she worked for... And asked her again and again. He saw her badge and went to reach for it and she grabbed his hand, pushed him, jumped off the garbage can, punched him on the chest and broke his glasses. There is a medical examiner’s report of a homicide at the Miami Free Trade Zone. Despite a struggle over a gun between two inspectors, legacy Customs determined the incident a suicide within a few hours. Retired CBPO Barbara Evans and Scott Bober will cooperate with investigators. Supervisor Myra Quirk’s husband, a Miami-Dade officer, participated in the investigation. Quirk and Georges were in the chain of command for legacy Customs. Attached is a Washington Post article regarding continuing ethical lapses of judges, including Eleventh Circuit Judge Gerald Bard Tjoflat—he was a deciding judge in Gene’s case. I do not have in Boston the files of the judicial complaints my brother filed; however, I know Judge Tjoflat is on the Judicial Council because he was a deciding judge in those complaints. I believe he is the chairman. Congress should subpoena the judicial misconduct complaints. These documents will show that the courts cannot be trusted to police themselves. Also included are my comments to the proposed amended rules of judicial conduct and the committee’s perfunctory and disingenuous response thereto. Finally, my comments on the judiciary were my words, based on thirty-five years of experience as an attorney. I was unaware of Thomas Jefferson’s views on the judiciary, that the Constitution is flawed, and that he left it to future generations to correct: [T]he great object of my fear is the Federal Judiciary. That body, like gravity, ever acting with noiseless foot and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them. To Judge Spencer Roane, March 9, 1821.1 * * * [B]ut you will have a more difficult task in curbing the Judiciary in their enterprises on the Constitution ....A better remedy I think, and indeed the best I can devise would be to give future commissions to judges for six years (the Senatorial term) with a re-appointmentability by the president with the approbation of both houses. That of the H. of Repr. imports a majority of citizens, that of the Senate a majority of states and that of both a majority of the three 1 Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol 12, Chapter: TO JUDGE SPENCER ROANE Accessed from http://oll.libertyfund.org/title/808/88417 on 2008-07-04 2 sovereign departments of the existing government, to wit, of it’s [sic] Executive & legislative branches. If this would not be independence enough, I know not what would be such, short of the total irresponsibility under which we are acting and sinning now.... [F]or the judiciary perversions of the constitution will forever be protected under the pretext of errors of judgment, which by principle are exempt from punishment. Impeachment therefore, is a bugbear which they fear not at all. But they would be under some awe of the canvas of their conduct which would be open to both houses regularly every 6th year. It is a misnomer to call a government republican, in which a branch of the supreme power is independent of the nation.... .... [T]he machine, as it is, will, I believe, last my time, and those coming after will know how to repair it to their own minds. To James Pleasants, Dec. 26, 1821.2 * * * [B]ut it is not from this branch of government [Congress] we have most to fear. Taxes and short elections will keep them right. The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet.... Having found, from experience, that impeachment is an impracticable thing, a mere scare-crow, they consider themselves secure for life; To Thomas Ritchie, December 25, 1820.3 We look forward to meeting with congressional investigators and ultimately testifying before Congress. Sincerely, /s/ John Cavicchi 2 Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol 12, Chapter: TO JAMES PLEASANTS Accessed from http://oll.libertyfund.org/title/808/88424 on 2008-07-04 3 Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol 12, Chapter: TO THOMAS RITCHIE Accessed from http://oll.libertyfund.org/title/808/88407 on 2008-07-04 3 JOHN CAVICCHI TO FRIENDS OF BORDER PATROL Mr. Ramirez, distinguished panel, Friends of the Border Patrol. America needs more people like Andy Ramirez who has given us the opportunity to voice our concerns. The problems in Customs and Border Protection run much deeper than the agency. I believe that the root of the problem is dishonest government lawyers who protect corrupt management officials and the judges who protect them and each other. The most serious threat to our democracy is the trend towards an unequal application and enforcement of the law and the lack of the appearance of impartiality and appearance of impropriety by those sworn to uphold, enforce and adjudicate the law. In 1947, Einstein said, “[E]ven the most perfectly planned democratic institutions are no better than the people whose instruments they are.”1 Nearly sixty years later, Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit stated that, “The American legal system has been corrupted almost beyond recognition.”2 1 ROBERT P. WEEKS, COMMONWEALTH VS. SACCO AND VANZETTI, 273 (Prentice-Hall, Inc.) (1958). “Everything should be done to keep alive the tragic affair of Sacco and Vanzetti in the conscience of mankind. They remind us of the fact that even the most perfectly planned democratic institutions are no better than the people whose instruments they are....” Referring to lawyers, the judge said: [O]thers seem uninhibited about making misstatements to the court or their opponents or destroying or falsifying evidence. When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process? How can a system founded on law survive if the administrators of the law daily display their contempt for it? In 2005, the American Bar Association found that “More than half of Americans are angry and disappointed with the nation’s judiciary....Nearly half agreed with a congressman who said judges are ‘arrogant, out-of-control and unaccountable.’”3 According to Founding Father Alexander Hamilton,4 judges are given permanency in office because they are above politics and are immune to outside interference. Article III, Section 1 of the Constitution states that “[J]udges ... shall hold their offices during good Behavior...” However, there is no definition of “good Behavior.” Congress has abdicated its authority by allowing judges to create judicial councils and to define “good Behavior.” It is naïve to believe that 2 Speech before the Federalist Society of Harvard Law School on February 28, 2003.

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