Fink vs. Charney
The recent web site and web advertising campaigns citing Los Angeles lawyer Keith Fink for various alleged misconducts, improprieties, and court sanctions appears to be part of an ongoing battle between Fink and American Apparel and its CEO Dov Charney. Fink has represented client Mary Nelson in a law suit against American Apparel alleging sexually harassing conduct by American Apparel and Dov Charney. The alleged harassment includes weird claims about how Charney conducted business meetings in the nude.
Fink has apparently gone after dozens of high-profile celebrities over the years. It usually involves bizarre allegations and big financial claims.
We don’t know who is telling the truth, but given the inconsistencies in stories and statements, it looks reasonably clear that one or more parties are lying. This debacle further illustrates how corrupted by perjury and misconduct the American courts and legal system are. Forget about baseball, lying long ago became the new American pastime.
Lying Is “Acceptable Behavior” Today
It used to be that lying in court was a serious offense. Witnesses generally took testifying seriously. Judges expected them to tell the truth. Today, nobody seems to care about such things except for perhaps movie and TV companies that continue to perpetuate that outdated and overly optimistic image of “American justice” in courtroom scenes.
Lying has become mainstream acceptable in America today. As American morality has decayed and self-interest becomes the paramount criteria for actions and words, honesty in America got tossed on the train track and fatally run over. We even have Presidents who obviously lie and deceive when under oath to tell the truth. From the American Chief Liar on down, the standard has been set that lying is A-OK.
American Courts Can’t Serve Justice Today
So now we have a warped reality in which even when judges know litigants and witnesses are lying, they usually do nothing about it. Since many litigants and witnesses know judges won’t do anything about lying, they lie willingly to help themselves or family or friends. As more and more people lie in court, discerning the truth becomes more and more difficult. Well-considered justice dies and is replaced with arbitrary and capricious decisions based upon deceit, sham trials, and worse.
Family law courts are among the worst examples of this American disdain for the truth, with judges taking the irresponsible and judicially abusive attitude that not only is lying permitted, but it will be rewarded even without any evidence to support it. They systematically reward liars making false accusations and condemn people who tell the truth to very bad outcomes. At a minimum, such people often spend many tens of thousands of dollars in legal fees defending against liars and their attorneys making ridiculous accusations with little to no evidence. When there is “evidence” it often consists of declarations and court testimony replete with lies from the family and friends of the lying litigant.
American courts cannot delivery justice reliably with the level of dishonesty that exists today. To pretend otherwise, as most judges do, is irresponsible and abusive of honest litigants. Worse, it is a crime against society that left unchecked will eventually result in serious and widespread damage.
Three Strikes Laws for Court Offenses Including Perjury
Remember the “three strikes” laws passed in the US regarding criminals? The idea was that criminals who repeatedly committed felonies should eventually be tossed in prison permanently.
Three strikes laws are needed for perjury and contempt of court. Failure to punish these crimes encourages more infractions.
It may not always be easy to detect when somebody is lying. But when it is detected, the courts should be able to recommend prosecution, and even demand it after repeated infractions.
How long will lawyers continue to lie and violate court orders if they will be permanently disbarred after a 3rd strike? Most won’t continue to do it for long after it becomes clear that the courts mean business.
How long will police forces allow lying cops to continue to work for them if the cops are publicly prosecuted for lying? Not long.
How long will witnesses continue to lie frequently if they know they will be fined heavily for lies and tossed in jail on the third offense, even in civil matters? Not long.
Increased Court Oversight Required
The current legal system allows DAs the option to prosecute for perjury, but they seldom do. It allows judges the option to issue sanctions, but they seldom do. And it allows litigants to pursue contempt of court actions, but little can be done by them about perjury. Many litigants who are lied against and abused by contempt of court and improper judicial decisions influenced by perjury as so badly damaged that they do not have the financial resources to fight the lies. So American justice belongs to the liar, especially the liar with money.
Eventually, if the corruption of the courts and government becomes more widespread and egregious, society will break down. There can be no trust in the law when the law is a liar’s game. The natural progression to this worsening situation will likely be the citizenry resorting to force, including lethal force, to stop the chaotic and dishonest destruction of their lives.
Arbitrary and capricious application of government power in the hands of the courts amounts to government-backed terrorism against the populace. Today, you can be lied against and be denied a chance to even know of the accusations let alone defend yourself prior to the courts kicking you out of your home, removing your children from you, and making orders that turn you into a financial slave of the liar. That’s routine in family law courts. It is legal terrorism in more ways than one.
We believe that there needs to be an agency focused on investigating and prosecuting perjury and crimes that occur related to the courts. It must be independent from other law enforcement agencies, and be saddled with the expectation that it will vigorously investigate and prosecute perjury, corruption, jury and judicial tampering, and other activities that are engaged in by a variety of litigants, lawyers, police, and other government officials.
The sanctions for regular citizens should be strong, with large fines and jail time increasing in length as the infractions accumulate. Fines should include payment of attorney’s fees for people who were lied against, not only involving perjury in court but also involving false police reports.
The sanctions for lawyers, judges, and government officials involved in law enforcement need to be even more harsh. These people have studied the law and taken oaths of office to uphold it. If they are dishonest or corrupt or attempt to spread dishonesty and corruption, it is likely that large numbers of citizens will be harmed. The damage that this does to society is far worse that that done by many of the drug felons populating our prisons today, yet little is done to correct it.
It is reasonable to expect that if corrupt and dishonest government officials are not shut down and kicked out, then at some point the citizens will resort to the use of lethal force against those government officials. That’s largely the point of the Second Amendment to the US Constitution. It appears the nation’s founders wanted the citizens to overthrow any government which becomes abusive and unjust much as they themselves did.
However, today it seems the government understands the intent of the Second Amendment well enough but doesn’t want to fix the corruption and dishonesty and law enforcement and judicial abuses. Instead, there appears to be a concerted effort to subvert or overturn the Second Amendment. As to the full range of goals these people hope to accomplish, we can only guess. But that among them is to allow the continuation and even worsening of government dishonesty and corruption is quite plausible.
Either Government Fixes Courts or the Citizens Revolt
So we stand at a crossroads today. The choices appear to be to peacefully reform government to fix the broken legal system or to let it get so bad that there eventually is no viable option other than to use violence to overthrow it.
We would vote for peaceful reform. Although we believe that most Americans would also want peaceful reform, unfortunately we don’t have any confidence that this opinion is going to be seriously considered by those in power today. That’s because too many people benefit from the status quo of dishonesty and corruption, from lawyers to judges to government officials.