Sequel to Name Shaming and Blaming

Court-facilitated terror continues with impunity at Council House, Seattle. Washington Superior Court Judge James A. Doerty, who jailed this reporter (27 Feb 02), has recently strengthened his previous order (21 Jun 02). He continues to prohibit publication of the names of alleged malefactors at Council House. Now, he has prohibited the right of assembly within a large area of Seattle. Both these prohibitions violate the First Amendment to the US Constitution. [Impunity]

Moreover, Mary Kay Becker, Chief Judge, Washington Court of Appeals (CoA), affirmed all the rants and rambles of James A. Doerty, Washington Superior Court. She has become party to his “evidence” and his ad hominem. She revealed her bias by selectively using documents filed with the trial court and by condoning Doerty’s judicial misconduct in suppressing transcripts and other evidence.

The opinion confirms the maxim that powerful people get what they want by deception, distortion, and judicial compromise, they demonize their adversaries to achieve their goals. Moreover, this illogical, and unconstitutional opinion adversely affects journalists and anyone else who writes or publishes anything in the US. [CoA Introduction]

Becker, has condoned Doerty burying sworn affidavits of supporters who attended trial court that confute his assertions. Moreover, she has not insisted that he produce the transcript and documents that relate to a trial court hearing (20 Mar 01). He has repeatedly denied access to those records and hundreds of defense documents for more than three years to cover up his judicial misconduct. [Efforts to Transcribe Hearing]

Her opinion shows that she makes an admirable adjunct to the Council House board of directors as do superior court judges Wartnik, Doerty, and Hayden. She has become a real team-player in a team that draws its players from the same jurisprudential cesspool. Washington Commission on Judicial Conduct will have a lot of work to do in the not too distant future. [CoA Commentary]

Anonymity allows Council House directors and propagandists to publish hate manifestos and to continue politically motivated elder abuse. The order effectively grants them impunity which protects them from penalty or punishment for the crimes that they continue to commit against senior citizens. [Impunity]

Since Doerty issued the new order (21 Jun 02), the administrator and several residents have started a hate campaign and published a stream of libel. They have given interviews to gullible journalists who have published their propaganda without fact-checking it. Why should journalists with few ethics bother to verify or validate their material? They know that the poseur, Judge James A. Doerty, will endorse anything they write to get more ink for himself.

Judge Anthony P. Wartnik, husband of Lynn, Council House director and Past Co-President, supports his wife and Doerty in a consort commonly termed judicial incest. He had a hand in transferring this reporter to solitary confinement without due process for no other reason than that someone sent copies of a Contra Cabal draft to Council House directors by US mail. That transfer included withdrawing the use of the telephone so that Nmesis could not contact his attorney. Council House directors, using one of their board attorneys, have since committed multiple perjury apparently to validate Judge Wartnik’s ex parte actions. [Rampant Judicial Delusion - Perjury and Subornation]

The court-ordered anonymity allows Council House operatives to disseminate unlimited amounts of propaganda and to libel residents. Their missives contain hate speech not constitutionally protected. They do not have to accept responsibility for their actions because Doerty issues orders to protect them, in a consort with Judge Wartnik who sits on the same bench. He evidently manipulates the procedures, ex parte. Wartnik endorsed Doerty for his first election campaign organized by the gay rights movement (2000).

Wartnik also sat on the board of directors at Herzl-Ner-Tamid synagogue that had Richard D-B-y, Council House counsel, as its Immediate Past President. DuB-y irresponsibly allowed a junior attorney in his firm to suborn residents. That perjury allowed Council House directors to organize the frame-up at the root of the legal debacle. DuB-y holds ultimate responsibility before the bar association for the perjury and his ex parte machination. When judges and attorneys get together to subvert and delay justice, then arbitrarily afflict cruel and unusual punishment upon journalists without due process of law, the whole rotten cabal needs close examination.

On the issue of affliction, Wartnik’s wife, completely devoid of any responsibility as a director, concerns herself more with religious feasts for the Jewish holidays than with residents well-being. Rosh Hashanah (Jewish New Year) and especially Yom Kippur (Day of Atonement) probably form part of the most important period in the Jewish calendar. Atonement means to “afflict the soul” and atone for the sins of the past year. On Yom Kippur the judgment entered is sealed. It represents a last appeal to change the judgment and to show repentance and make amends.

While Council House directors busied themselves with these rituals, Mitchell spent his time abusing their tenants. The directors could care less. Surely, kugel and chicken soup do not rank more importantly than the abuse of other Jews during this holy time. The goyim call that hypocrisy - Jesus wept!

This indifference to suffering emulates the indifference rampant during the Jewish high holidays in the good old days in Germany, circa 1930s, that ended with appeasement and eventual extermination. The directors have done nothing to combat a similar ideology in the form of neo-fascism practiced by management at Council House. Neither have they done anything about elder abuse although they have known about it for several years. The abuse has escalated as a direct result of Doerty’s decision.

Doerty’s order has allowed Council House directors and their administrator to launch a neo-fascist campaign of hate that has now extended beyond the original conspirators who framed this writer and had him sent to jail. It has allowed Mitchell and his thugs to increase their campaign of terror against residents with impunity. They can now disseminate propaganda and lie to cover up their crimes under court protection. [Impunity]

DuB-y covers up for them by characterizing all residents as vulnerable adults. In other words, they’re all old, they’re all crazy, they’re all sick, and none of them have any money. Consequently, they need Mitchell (a moron who cannot think for himself) to think and decide for them. What a fantastic, paternalistic, position in which to place a neo-fascist, out-of-work actor. [Vulnerable Adults]

The abuse over the Jewish holidays (2002) shows how depriving one journalist of his constitutional rights advances neo-fascism. It allows exponents of deviant ideology to indulge in all sorts of crime and to disseminate propaganda with impunity.

Instead of upholding the law, Doerty and Becker have given Council House directors and their administrator a licence to indulge in character assassination without any opportunity to refute it. They have also given them a licence to start an open season on residents. Mitchell has used that license to escalate his reign of terror. Tyrants inherently feel insecure which manifests in this aberration then they become progressively dangerous.

The escalation of the war against dissident residents who advocate freedom of speech and assembly has now reached greater proportions than originally reported. By allowing their managers to impose a neo-fascist ideology upon residents, the directors threaten the freedom of both speech and conscience. [Freedom of Conscience]

Both directors and employees have a perfect entitlement to hold political views and to advocate their arguments publicly. However, they may not treat them as unquestionable truth and force residents to accept them under penalty of eviction. Any denial of the right to a particular political sentiment through coercion defines as demagoguery.

One wonders whether the swastikas that appeared on Council House walls related to anti-Semitism or to support the status quo. Hate speech classifies as hate speech whether uttered or written by Jews or non-Jews. Residents can have anti-Israel sentiments with out anti-Semitism. Moreover, they can also have pro-Israel sentiments without having any particular Jewish affiliation.

To defame people by identifying their criticism of Jewish or Zionist political actions as anti-Semitic ranks as disingenuous. To coerce residents to file frivolous and capricious complaints with the Anti-Defamation League (ADL), as Council House has done, ranks as criminal and probably cause for civil rights action. Not to dwell on the kangaroo court that ADL said they would hold to hear the complaint lodged by Council House.

Mitchell’s behavior has reached a point where one wonders whether he will advocate the tattooing of apartment numbers on residents’ forearms. Several directors and staff already refer to residents by their apartment numbers instead of using their names. Perhaps the staff should wear armbands to give the appearance of authority. In any apartment building, tenants should not tolerate ideological enforcement of principles they find abhorrent. It becomes particularly egregious when bigoted and violent managers enforce ideologies upon them using verbal and physical assault.

Mitchell’s bullying tactics seem to echo the present national trait. Apparently, America and its erstwhile allies, have entered a new era of McCarthy style witch-hunting. Council House follows suit. The directors apparently support violence both in Israel and in the government subsidized property that they manage. Their administrator ostensibly purports to investigate and uncover subversive activities. Instead, he uses his power to harass and undermine those with different political views and enforces neo-fascist policies that democratic residents eschew.

In their support of Mitchell, the directors have no apparent reason other than to establish power, and satisfy greed. This manifests in bigoted indifference to the suffering of their tenants. The neo-fascism, coupled with a professed liberal bias and Israeli flag-waving, seems oxymoronic and arrogant.

For example, some residents closely affiliated with management unlawfully give an oath of allegiance at resident meetings facing both American and Israeli flags - blatant effrontery to residents with dissenting views on Israeli behavior. The directors’ political and judicial affiliation, coupled with partisan politics, allows them to deny resident rights with impunity. The court, with its undemocratic and draconian decisions, tacitly grants immunity and censorship privileges. It orders anonymity based on ludicrous claims of privacy invasion and harassment. This condones and supports unlawful behavior without fear of exposure or punishment.

Three examples of abuse during the Jewish high holidays (September 2002) show how Doerty’s order has emboldened the administrator to increase resident abuse. Two of those residents have openly discussed their problems and provided documentation to support their contentions. The court order prevents mentioning their names although they did not request anonymity.

That two of them are Jewish may or may not have a bearing on the abuse. Mitchell has historically ranked as an equal opportunity abuser when it comes to race and religion. The black population had its turn the previous year. As the abuse occurred during the Jewish holiday season one may speculate a connection. Historically, elder abuse has stayed roughly in proportion to the ethnic and religious makeup of Council House general population.

A Jew born and bred in Seattle who once belonged to the society-set said that the Seattle Jewish community has a class system. It has rules for a wealthy establishment different from those for immigrants or blue-collar workers. Significantly, the abuse of Jews at Council House relates to those people in the latter category. Council House grants privileges to those emanating from the former group. However, this does not describe a necessarily Jewish phenomenon. [Euro-Trash]

Other ethnic and religious groups have similar class structures. However, this essay deals with a predominantly Jewish residence, with an all-Jewish board of directors, and the abuse of Jews and other minorities who live there. It deals with abrogation of First Amendment rights by the administrator at that location and may not apply generally to other facilities. Council House directors have a pot of gold for legal fees that they continue to replenish. The activity indulged by the managers, sanctioned by the directors, has caused what seems a never-ending stream of litigation.

The following three incidents occurred at Council House around the Jewish High Holy Days.

Pola Doenyas (73), a long-time resident, has received an eviction threat for discussing issues published in these columns with other residents. The administrator told her that she may receive a contempt citation for violating the original antiharassment order that he claims applies to all residents (it does not apply to residents). He then arbitrarily accused her of extortion - this after he previously tried to coerce her not to testify in a court case. He has classified her discussions with other residents as “rude and abusive behavior” and cause for eviction. He has threatened to terminate her residency. A Seattle First Amendment attorney has volunteered to represent her pro bono. [Pola D-eny-s]

Irene H. Hull (89), one of the first labor union organizers to fight for equal rights for women in the workplace, solicited signatures at Council House for a petition about American policy on Iraq. More than fifty of the approximately 150 Council House residents signed it. Hull presented her petition at a residents' association meeting and solicited signatures. A Council House Kapo publicly ridiculed her before he reported her to the administrator. The administrator told her that he does not allow solicitation inside the building "which is private property" despite federal laws that apply to the building and the First Amendment to the US Constitution. Seattle Municipal Code clearly prohibits landlords from preventing residents from initiating and having contact with other tenants or distributing political or religious tracts. [Irene H. Hull]

Lily Dubner (68), paid double the approved market rent for a first month occupancy to see whether she liked the location on the understanding that at the end of that month she would receive a regular lease if she wanted it. She had cancer which needed regular treatment and wanted to live near the hospital. Dubner made the unforgivable mistake of associating with Pola Doenyas who reads these columns and discusses the content with other residents. On hearing of the association, the administrator rescinded the agreement to grant a lease and backdated a letter of confirmation. He threw her out with nowhere to stay that night and gave her neither notice nor a refund of her money. [Lily Dubner]

All three incidents occurred during the course of several days (including Yom Kippur) yet the directors have done nothing to curtail these activities. So a day set aside to "afflict the soul" and to atone for the sins of the past year now becomes one of afflicting residents with neo-fascist behavior for the next year.

The Council House cover-up of unlawful practices now includes withholding tax returns that form part of the public record. The Internal Revenue Service (IRS) office that oversees non-profit organizations has started an investigation into yet another violation of federal law by Council House directors.

Meanwhile, Martha Dilts, Deputy Regional Director, US Department of Housing and Urban Development (HUD-Seattle), continues to withhold public records related to Council House requested under the Freedom of Information Act (FOIA) during the past four years. Individual bureaucrats at HUD-Seattle have maintained a cozy relationship with Council House managers for several years that has resulted in denial of the residents’ right to complain to HUD.

That relationship has created a blatant conflict of interest that HUD now wishes to bury. The withholding of FOIA related documents covers up HUD complicity in the Council House debacle. It also allows the directors to violate federal law using the anonymity granted by the court gag and “surveillance” order. It allows HUD to ignore the arrest of residents on phony charges and incarceration of some of them - four incarcerations for insisting on the right to speak out.

This points up the necessity for not curtailing the freedom of the press to publish names when news content requires them for veracity. Journalists need the names to verify the information before writing follow-up articles. Censorship has nothing to do with invasion of personal privacy as Doerty claims. Censorship allows criminals to continue to behave in a violent and unlawful way without fear of retribution.

In justification of his previous draconian findings, now on appeal, Doerty made this ridiculous rationalization part of a his decision (17 Jun 02). He claimed:

• This is a state court and a proceeding under a state statute governed by the state constitution.
  
• Article 1, Section 5 of the State Constitution says, "Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right."
  
• Article 1, Section 7 of the Washington Constitution says, "No person shall be disturbed in his private affairs or his home invaded without authority of law."
  
• States are permitted to provide rights to their citizens that the U.S. Constitution does not. The U.S. Constitution does not have a privacy clause, for example. In this state our legislature has chosen to implement our constitutional right to privacy with the antiharassment statute . . .
  

So, state antiharassment and privacy statutes supersede federal law?

So, state judges can prohibit individuals from reporting crimes?

So, state judges can stop journalists from writing about them?

So, a superior court judge’s wife gets immunity from prosecution like her husband and Doerty?

Surely, the authors of the First Amendment to the US Constitution (probably not bona fide writers because they worked freelance not for an established publisher) would never have countenanced the current behavior at Council House and the machination among judges in Washington Superior Court and Court of Appeals.

Conclusion

Doerty has taken away any protection that reporters had from unethical attacks upon them and their writing. He has left them vulnerable to a constant stream of hate mail and articles published on the web and in the print media by Council House propagandists. He has denied them their right to refute that propaganda by issuing a no-contact order and allowed the directors to cover up their crimes with anonymity. He has left them open to physical assault by Council House thugs.

If reporters do not name perpetrators of alleged crimes then the authorities do not know whom to investigate. The court order allows retaliation against journalists as happened to this reporter by censoring his work, jailing him, and physically assaulting him in a public place. Using anonymity, management has extended that abuse to other Council House residents who reported unlawful activity to authorities. The Council House administrator has retaliated against them with a campaign of terror using resident thugs.

Effectively, Judge Doerty’s order and Becker’s affirmation have granted anonymity to Council House directors, their administrator, and his thugs. They have created an open season that allows them to impose egregious punishment on individuals for dissenting or reporting crimes to government authorities. Since the decision (27 Feb 02) to jail this reporter and silence him, Council House employees have taken advantage of the anonymity and immunity to escalate the terror. They can now kill messengers with impunity and create an aura of fear that dissuades residents from speaking out.

Nmesis.