A Just Cause

10th Circuit Judges & Harvey Weinstein Have Much in Common, Says Advocacy Group

Colorado Federal Judges Abuse Power and Cover Misconduct, Alleges A Just Cause


Denver, CO -- (ReleaseWire) -- 12/04/2017 --"Power tends to corrupt, and absolute power corrupts absolutely." Lord Acton, 19th Century British Historian.

Harvey Weinstein and other corrupt men of power from the entertainment industry and corporate America are finally being exposed and held accountable for abusing their power to extort sex from women because victims and those with knowledge of the abuser's behavior are finally coming forward. With lifetime appointments for federal judges and with laws of absolute immunity protecting prosecutors and judges from being held accountable for misconduct, the federal justice system is a fertile breeding ground for corruption and abuses of power. Advocacy organization, A Just Cause alleges that, like Harvey Weinstein, federal prosecutors and judges from Colorado and the 10th Circuit abuse power, cover misconduct, and take steps to impugn the integrity of and threaten accusers who file complaints against them.

"We cannot allow ourselves to discount or conceal corruption and abuses of power simply because federal judges wear black robes, hold the prestigious title of federal judge and took a lofty oath to follow the law and abide by Constitution," says Lamont Banks, Executive Director of A Just Cause. "Sometimes we are overly-impressed with prosecutors and judges' role in our society to protect us and our constitutional rights, but the fact remains the they're human beings who wield tremendous power over the life and liberty of average people, making them more susceptible to being corrupted and more likely to abuse power then others in our society," adds Banks. Respected 19th Century British historian, Lord Acton, in essays he wrote on freedom and power, discussed the corrupting influence of powerful men in government and how the public should judge them.

"I cannot accept your canon that we are to judge Pope and King unlike other men, with a favorable presumption that they did no wrong. If there is any presumption it is the other way against holders of power, increasing as power increase...Power tends to corrupt, absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority." Lord Acton

Advocacy organization, A Just Cause alleges that 10th Circuit chief judge Timothy Tymkovich's (a great man's) dismissal of a second judicial complaint (case no. 10-17-90034) against Colorado federal judge Christine M. Arguello was corrupt cronyism and a continuing abuse of power by the 10th Circuit to protect Judge Arguello from being held accountable for alleged unlawful conduct in the IRP6 case (Dist. Colo. 09-CR-00266-CMA and 09-CR-00266-CMA-3).

"Much of the reason corrupt people in the federal justice system are allowed to continue their misconduct like Harvey Weinstein and many others is because the they're being policed by their powerful friends, who also tend to be corrupt," says Lamont Banks, Executive Director of A Just Cause. "This ultimately creates a cabal of elitist-minded, crony judges and prosecutors who are more concerned with protecting themselves and their image than respecting the rule of law and the constitutional rights of average people," adds Banks. "As we have seen in the IRP6 case, the 10th Circuit and Colorado U.S. Attorney's Office have gone to great lengths to cover judicial and prosecutorial misconduct in the IRP6 case," says Banks. "Wrongful convictions, illegal imprisonment and pain and suffering of families are of little concern when their crony interests are threatened," adds Banks. "I am 100% certain that other judges, prosecutors, clerks and administrators are aware of their wrongdoing, and are choosing to remain silent for cronyism or fear of retaliation just like many did for Harvey Weinstein," says Banks.

In his November 13, 2017 order (http://bit.ly/2zQ8dBx) dismissing AJC's 2nd complaint (http://bit.ly/2vmk73), Judge Tymkovich asserts he's issued a single response for two separate complaints filed by AJC and an attorney (presumably Gwendolyn Lawson), because the allegations in the complaint are "nearly identical" to the previous complaint filed by AJC. Review of the complaints shows that's not true. If you were to compare all three complaints, there is no similarity between the two complaints filed by AJC and Ms. Lawson's complaint, as articulated by Judge Tymkovich, only overlaps on a couple of issues in AJC's 1st complaint. Next, Judge Tymkovich runs a play directly from Harvey Weinstein's playbook by throwing dirt and attempting to intimidate the accusers. Tymkovich makes a veiled threat to take action against AJC and Lawson for conspiring together as part of an "orchestrated campaign to file complaints against Judge Arguello.

According to the 28 U.S.C. 351-364 (Judicial Councils Reform and Judicial Conduct and Disability Act), "any person," including attorney Lawson, who feels that a judge has engaged in misconduct may file a complaint. If attorney Lawson feels aggrieved by a judge's conduct she has the right to file a complaint, irrespective if a couple of the allegations are similar to AJC's.

"Suggesting that AJC and Lawson are engaging in an illegal conspiracy to file complaints against Judge Arguello is a common tactic used by corrupt men of power to discredit their accusers, delegitimize their claims and suppress their motivations," asserts Banks. "The New Yorker reported how Harvey Weinstein hired an army of spies to dig up dirt on his accusers that he could use as leverage to intimidate them from speaking out," says Banks. "Tymkovich, as the chief of the 10th Circuit, should abide by the Code of Conduct for U.S. Judges ("The Code") and hold Judge Arguello and other judges in the 10th Circuit accountable for the alleged violations of law outlined in the judicial complaints filed by AJC," adds Banks.

The code (http://www.uscourts.gov/judges-judgeships/code-conduct/united-states-judg) requires judges to "respect and comply with the law", "maintain professional competency in the law", and "take appropriate action upon learning of reliable evidence" that a judge violated the law.

Under the judicial complaint law, 28 U.S.C. 352, Judge Tymkovich is required to determine whether the facts stated in AJC's complaint are either plainly untrue or incapable of being established through a thorough investigation" and can dismiss the complaint only if the allegations are "frivolous", "lacking sufficient evidence to raise an inference of misconduct" or "directly related to the merits of a decision or procedural ruling."

"AJC's evidence in both judicial complaints are more than reliable, it is irrefutable," says Banks. The 2nd judicial complaint (http://bit.ly/2vmk73) alleges that Judge Arguello, in the habeas proceedings of IRP6 defendant Gary Walker, (1) displayed invidious religious animus, made egregious, hostile and slanderous comments against his mother-in-law, Pastor Rose Banks of the Colorado Springs Fellowship Church (CSFC), (2) abused legal proceedings by using her bench for the impermissible purpose of conducting a religious inquisition against Pastor Banks, and (3) engaged in discriminatory sentencing practices and (4) engaged in a pattern and practice of deliberately disregarding federal sentencing laws.

Although AJC's first complaint (http://bit.ly/2s863pr) provided irrefutable evidence directly from court documents that Judge Arguello and three 10th Circuit judges, in covering for Judge Arguello, intentionally violated a federal statute and disregarded prevailing law of the 10th Circuit and U.S Supreme Court, Judge Tymkovich corruptly asserted in his order (http://bit.ly/2j3bGT2) that judges blatantly violating federal law doesn't raise an inference of misconduct. Also included as part of the complaint was the blog of former federal appeals judge H. Lee Sarokin (Retired, 3rd U.S. Circuit Court of Appeals) who reviewed transcripts related one of the allegations in the first judicial complaint and stated he couldn't see how the 10th Circuit had any other choice but to "reverse or remand for a new trial or dismiss."

Court transcripts related to the 2nd judicial complaint show that in a June 2017 habeas hearing for IRP6 defendant Gary Walker, Judge Arguello unleashed a religion-laced diatribe against Pastor Banks (Walker's mother-in-law) after Walker claimed she had him under a religious spell and coerced him into firing his attorney. Without a shred of evidence, Judge Arguello eliminated Walker and made Pastor Banks the leader of the alleged mail and wire fraud conspiracy of the IRP Solutions Corporation where Walker was the CEO. Judge Arguello said Pastor Banks was a "vindictive" and "mean-spirited" prophet of God who controlled the minds of Walker and everyone else, including the five other IRP6 codefendants, her daughter Yolanda (Walker's) wife, Walker and Yolanda's son, and every member of the church. "After making vicious statements about Pastor Banks, her religion, the codefendants and Walker's wife and son, Judge Arguello immediately released Walker from prison while leaving the other five other IRP6 defendants who filed the previous judicial complaint against her in prison," says Banks (see transcript of Arguello's statements at http://bit.ly/2h4ASGP).

"If Judge Arguello truly believed that Pastor Banks was religiously controlling the minds of all the IRP6 defendants as she stated in court, why didn't she release all the IRP6 defendants from prison," says Cliff Stewart, A Just Cause. "Furthermore, where is Judge Arguello's proof that the minds of Yolanda Walker and their son, IRP6 codefendants David Banks, Kendrick Barnes, Demetrius Harper, David Zirpolo and Clinton Stewart as well as hundreds of members in the church are being controlled by Pastor Banks?" "Where is Judge Arguello's proof that Pastor Banks has special powers to control the minds of all of these people?" "Why are all documents from Walker's habeas proceeding sealed and Judge Arguello's actions being kept secret and hid from the public? questions Stewart. "In my view, this entire proceeding was not only a fraud but a feeble attempt by Judge Arguello and the government to absolve themselves of wrongdoing," says Stewart.

In dismissing AJC's 2nd complaint, Judge Tymkovich never said the allegations were untrue, frivolous or didn't raise an inference of misconduct but claimed they were directly related to the "merits" of the Judge Arguello's rulings. Not true. "Why is it that prominent federal appeals judge Alex Kozinski, when he was chief judge of the 9th Circuit, say the type of misconduct alleged against Judge Arguello in AJC complaints constitutes judicial misconduct?" questions Banks.

In 2014 (9th Cir. case no. 13-90031), Kozinski made it clear that the merits of a judge's ruling may constitute misconduct if there is evidence that a judge had an "impermissible motive" or was influenced by an "invidious factor" such as religion as alleged in AJC's 2nd complaint. And in 2008 (9th Cir. case no. 07-89020), Judge Kozinski said "clear and convincing evidence of an arbitrary and intentional departure from, or willful indifference to prevailing law" is judicial misconduct as evidence confirmed in the 1st AJC complaint.

"It is shocking that Judge Tymkovich and others in the 10th Circuit continue ignoring their own case law and overt evidence of misconduct in court records and risk their reputations by defending Judge Arguello's indefensible conduct," says Stewart. "If Judge Sarokin, who had nothing to gain, clearly saw Judge Arguello's judicial transgressions that resulted in an unfair trial and wrongful conviction of the IRP6, certainly his peer, Judge Tymkovich, didn't miss them," adds Stewart.

"A Just Cause will appeal Judge Tymkovich's dismissal to his good friends with absolute power on the 10th Circuit judicial council and continue our efforts with members of Congress to hold these judge's accountable for their alleged corrupt acts in the IRP6 case," says Banks. "I will keep the public and Congress posted on whether Judge Tymkovich, in Harvey Weinstein fashion, will abuse his power to carry out his threats against AJC for appealing allegations of misconduct," adds Banks. "The IRP6 case proves that despotism is alive and well in the federal courts," says Banks. "Corruption from absolute power is not something that can be contained or isolated to a single type of misconduct, it infects every part of a person and I suspect that we may be hearing about sexual misconduct in the courts and with prosecutors in the near future," adds Banks.

"The IRP6 case shows Americans will never be truly free as long as powerful judges and prosecutors, either alone or colluding together, can arrogate government power entrusted to them to arbitrarily violate laws and seal court proceedings for the corrupt purpose of hiding misconduct that wrongly took a citizen's life or liberty," concludes Banks.

For more disturbing details of Judge Arguello's attacks on Pastor Banks and the Colorado Springs Fellowship Church, including comments from Walker's wife and the other IRP6 codefendants, click on: http://bit.ly/2uPh1k7.