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Government Officials, Judges, Lawyers

Showdown: Lawyer versus Association of Lawyers

Just learned that attorney, author and warrior, Bob Grundstein will have his day before the 2nd Circuit Court of Appeals to argue his constitutional claims against the lawyers of WA, collectively known as the WA State Bar.

In WA State, our legislature has betrayed its citizens when it passed the WA State Bar Act. This Act gives over to lawyers the power to steal, cheat, defraud, ruin, and even cause the death of WA State Citizens — all without consequence. This is accomplished by permitting — “requiring” — only WA State Bar Associates the privilege to serve as Judges in WA State, or as Attorney General, or as Prosecutors and even as WA State legislators and Governor. Nothing that occurs in WA State happens unless a WA State Bar Associate permits it, sanctions it, causes it, or prevents it.

Bob Grundstein found out how WA State lawyers use this power to protect themselves when he criticized a Judge — in OHIO! God forbid Bob Grundstein, a Vermont lawyer, would ever represent a client in WA State if he believed himself worthy to ‘criticize a judge’. To prevent this remote possibility that Bob would ever appear in a WA State court, the lawyers of WA State took preventative action and disbarred him so he could NEVER pose a threat to the WA State POWER ELITE — the association of lawyers.

But Bob Grundstein is fighting back …

But who, among the association of 30,000 WA lawyers, will rise up against the WSBA’s racketeering policies and come to Bob’s aid?

Here is an excerpt from Bob Grundstein’s Opening Brief.

Robert Grundstein
Plaintiff – Appellant
v.
Linda Eide, in her individual-personal and professional capacity, Douglas Ende, in his
individual-personal and professional capacity, Lisa Hammel, in her individual and professional
capacity, Washington State Bar Association,
Defendants – Appellees

Facts in the District Court

Case “Fact” is Issue of Law/Jurisdiction

The most important “fact” in the lower court is one of law. Vermont District Judge Reiss dismissed the case for lack of jurisdiction. Grundstein claims this is in error.
Short Fact Review of WA State Bar Proceeding

A short review of events in the state court may be helpful to see the serious violations of a State Bar which is only accountable to itself. Corporatism is replacing jurisprudence in many jurisdictions. It’s the worst where judges are elected as they are in WA State.
Grundstein had been a WA state bar member since 1991 and on inactive status for the prior 10 years. He had no clients in WA state. He was not a resident of WA nor in the state at the time Washington State Bar Association ODC (office of disciplinary counsel) filed a formal complaint against him in November of 2010. He could not be served under WA state and administrative rules.
Grundstein moved to have the case dismissed. The WA Bar hearing officer refused to rule on his jurisdictional and venue motions. The Bar administrative Complaint asked for “Probation”. Grundstein sued in Federal Court to enjoin the action on jurisdictional grounds. The W. District of Washington abstained.
Grundstein attended the Disciplinary hearing.
Bar Removed All Grundstein’s Exculpatory Evidence from the Record
Bar Amended Its Complaint at Hearing without Notice or Motion
To Increase Sanction to Disbarment Violation of “In re Ruffalo” 390 US 544

In retaliation for Grundstein’s federal suit, Bar amended its Complaint 9 times at hearing to add offenses and to increase its sanction to Disbarment. This violated the US Supreme Court case “In re Ruffalo”, 390 US 544, (Complaint in Bar hearing cannot be amended without notice and application to magistrate.
Otherwise violation of 5th and 6th Amendments)
Bar also removed all of Grundstein’s exculpatory evidence (ALL his evidence, submitted over 80 pages of transcript) from the record and said it was never presented. It was presented before, during and again, after the hearing.

Hiding Evidence is a Federal and State Crime/Obstruction of Justice Removing Evidence is a Tort/Spoliation of Evidence

These tactics are typical of the Washington State Bar Office of Disciplinary Counsel. The ABA has been telling them to get discipline out of the Bar since 1993 and in 2006 a special study was done by the ABA on the Washington State Bar Office of Disciplinary Counsel which emphatically told it to get discipline out of the bar. The conflicts of interest were illegal.

WA State Bar Committed Libel against Grundstein/It Falsified Record and Violated Due Process to Contrive Illegal Result against Him Reputation Damaged in Vermont

Grundstein has a disbarment on his record. That is a serious character description. He has been defamed.
WA State Supreme Court Refused to Hear Appeal despite 30 Day Rule under WA Rules of Appellate Procedure

The WA State Constitution guarantees a right of appeal. Administrative Bar rule ELC 12 gives the WA State Supreme Court the right of discretionary appeal at any time.
Grundstein filed his appeal to the WA Supreme court 18 days after the Review Board issued its findings. It was refused as late.
Four sets of rules control ODC Hearings. These include their own administrative ELC (Procedural) and RPC (substantive) rules, the WA rules of Civil Procedure, the WA rules of Appellate Procedure and the WA State Administrative Procedures Act.
Since the Bar used the WA Rules of Appellate Procedure during the Board Review, Grundstein assumed these rules controlled the time for appeal to the Supreme Court and provided 30 days to file. (All appeals from state courts get 30 days to file an appeal.)The WA State Supreme Court disregarded it’s accommodation for a discretionary appeal under ELC 12 and refused to hear one.

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About animallawnewsandabuse

I am an animals rescuer, a mother, a grandmother, a minister, & a human being who is tired of all the corruption going on in our state.

Discussion

6 thoughts on “Showdown: Lawyer versus Association of Lawyers

  1. keep up the great work Robert! And thanks for posting this extremely important news exposing Washington State’s real criminals, the WA State Bar Office of Disciplinary Council.

    It’s time for the voters of Washington to seek Ballot propositions to eliminate the corrupt lawyers inside the WA Bar’s Office of Disciplinary Council before the minority elite few make criminals out of ordinary citizens as they have done and continue to do.

    Like

    Posted by goldbarreporter | February 11, 2015, 9:19 am
  2. As the Plaintiff in this action, I want to thank Bill Scheidler for making this site available. A short history of this case is appropriate. I was a licensed attorney in WA state. I exposed a corrupt judge in Ohio by editorial (I had to conduct a case in Ohio) and was subject to falsified charges as a vendetta. The judge was subsequently removed during the FBI raids in Cleveland. The WA State Bar heard of these false charges and did nothing for three years. Three years later, when I made a complaint to the bar about a Seattle attorney (Ronald Meltzer) who I accused of paying himself from my mother’s trust for defense fees charged to the Trustee who was embezzling from my mother, the Bar brought charges for the Ohio history. I proved I wasn’t in Ohio at the time. Three years is too long a delay. I was exposing corruption and helping the legal system.
    Bar refused to relinquish the action. I went to hearing in Seattle, even though Bar had no jurisdiction over me since I wasn’t in WA state nor was I a resident. The original complaint asked for probation. At hearing, Bar amended to ask for disbarment. A complaint cannot be amended at hearing.
    I submitted my case in chief. After hearing, bar removed all my evidence from the record. It just stole it and said it was never offered. The WA Supreme Court wouldn’t give me an appeal.
    I sued in Vermont Federal Court for libel. The District court judge (Christina Reiss) said there was no jurisdiction. This was error. The case law is very clear. There is jurisdiction for libel and for collateral attacks on state judgements subject to fraud and Constitutional error.
    We are now in the Second Circuit Court of Appeals which has appellate jurisdiction for the Vermont Federal District.

    The WA state bar is a dangerous entity which exists to extort legal fees from the parties it prosecutes. It is accountable to no one but itself and is a regionally toxic influence. It practices a form of corporatism which is destructive and pernicious with respect to our Constitutional culture. All citizens are threatened by this form of quiet and benign fascism in which the legal system has become a private interest group designed to transfer wealth to its participants at the expense of jurisprudence.

    Like

    Posted by Bob Grundstein | February 11, 2015, 9:30 am
    • Thank you Bob for helping us understand the dangers in having an ‘agency – the WA State Bar’ a power without accountability and how it reaches into our pockets and our lives to satisfy its own greed.

      When I filed a grievance against WA State lawyer, Scott Ellerby, who stole from me, the Bar orchestrated a vendetta to have me punished too. Since I am not a lawyer, the Bar couldn’t disbar me but they can and did falsify charges, withhold evidence, withheld the law, and engage in the same deceit levied against you so that they can “sanction” me and take $120,000 as a penalty under their scheme.

      Like

      Posted by Chief Activist | February 11, 2015, 9:58 am
  3. Every attorney, judge, official, citizen and reporter should be concerned about the Robert Grundstein case:

    WSBA vs. ROBERT GRUNDSTEIN, Public Nos. 07-02058 and 10-00097

    The case of In Re Robert Grundstein, Washington State Bar Association (WSBA) Disciplinary Board Nos. 07-02058 and 10-00097, is the greatest miscarriage of justice I have seen in my 32 years of practicing law. It is an absolute disgrace to the legal system in Washington state. The conduct and actions of the WSBA Office of Disciplinary Counsel (ODC) and Hearing Officer Lisa Hammel, who prosecuted Mr. Grundstein, are so incredible, outrageous and bizarre as to scarcely be believable. But please do not take my word for it. Check out the facts of his case for yourself.

    Grundstein allowed to sit for Vermont Bar Exam despite being disbarred in Washington State.
    Significantly, the State of Vermont allowed Mr. Grundstein to sit for the Vermont Bar after reviewing the Washington disbarment proceedings. This may be an unprecedented occurrence.

    Background. Grundstein was exposing corruption. Grundstein was not in Ohio at the time alleged.
    The Cleveland, Ohio judicial, court and law enforcement systems have an incredible, and possibly unprecedented, history of corruption. There have been at least 60 convictions of judges, prosecutors, clerks, administrators, employees, contractors and attorneys for official misconduct and corruption from 2008 to the present. Robert Grundstein, a resident of Vermont, was a member of the WSBA on inactive status and had never had a client in Washington State. In 2007, Robert Grundstein wrote an editorial critical of ex-judge Peter Junkin of Cleveland, Ohio (later removed from office during the FBI raids on Cleveland for alleged racketeering activities). Six months later, the County Sheriff (since arrested and convicted) had his detectives present evidence to the Grand Jury that on April 28, 2003, Mr. Grundstein altered a record that he had been convicted of a crime in Lakewood, Ohio Municipal Court, an original document in the exclusive possession and control of that court. That criminal conviction was for violation of Lakewood Municipal Code 549.04(c), Improper Storage of a Firearm, a 4th degree Misdemeanor which is the lowest Misdemeanor in Ohio law. The Grand Jury refused to give an indictment and returned a “No Bill”. Only four percent of presentments to the Cuyahoga County (Cleveland) Grand Juries get a “No Bill”. It is illegal to re-present. See the Ohio Supreme Court case of Froehlich v Ohio Board of Mental Health, August 20, 2007). Most importantly, Mr. Grundstein was not in Ohio on April 23, 2003 and had the ATM receipts to prove it.

    Mr. Grundstein’s case was illegally re-presented to the Grand Jury and this time a True Bill was returned based upon false information. He had to fight this matter. The judge would not bring the case to trial. Mr. Grundstein moved to dismiss. The judge, Michael Russo, refused to rule on Mr. Grundstein’s motions. The prosecutor would not drop the case. Trial was scheduled three times and cancelled abruptly without notice. Mr. Grundstein refused to take a plea. Every time Mr. Grundstein came in to Cleveland from his home in Vermont for trial, he found out only upon his arrival in Ohio that the trial had been cancelled. The prosecutor scheduled eight (8) pre-trials for which Mr. Grundstein had to drive in to Ohio from Vermont. Nothing was ever discussed at them. The Criminal Clerk of Courts falsified the docket to say Mr. Grundstein kept asking for continuances. The Criminal Clerk of Courts, Mark Lime, is now in jail on 76 counts of altering records and theft.
    After eleven trips to Ohio over the course of a year, Mr. Grundstein realized that Ohio was not going to give him a trial, rule on his motions or drop the case. Finally, he was forced to settle for a $50.00 fine. The prosecutor, Bill Mason, was forced to resign as a result of the FBI raids, shortly after Mr. Grundstein’s case was resolved. Another prosecutor involved in the case, Joe O’Malley, was sent to federal prison for case fixing, bribery and perjury.

    WSBA Action. WSBA Senior Disciplinary Counsel Douglas Ende called Mr. Grundstein in February of 2008 to discuss the matter. Mr. Grundstein told them everything and he advised them that he wanted the WSBA to know all about the case. Mr. Grundstein sent Mr. Ende and the ODC many exculpatory documents. Someone from Ohio had sent the WSBA an anonymous letter about Mr. Grundstein in October of 2007. Mr. Grundstein didn’t hear from the WSBA for another three years when the WSBA sent him a Formal Complaint. In In re Ressa, 94 Wn 2d 882, 621 P.2d 153 (1980), the Supreme Court found a delay of three years in a disciplinary case to be unreasonable.

    Due Process?
    During Mr. Grundstein’s disciplinary proceeding, the WSBA amended the Statement of Charges against him a total of eight times, including an amendment that requested his disbarment when the original Statement of Charges only requested “probation”. All of these amendments were allowed by Hearing Office Lisa Hammel.

    Jurisdiction in Washington State over what Grundstein did in Vermont and Ohio?
    The WSBA sought to enforce what it thought were problems with motions Mr. Grundstein had filed in an unrelated legal matter in Vermont. Vermont had found no problem with those motions and had taken no disciplinary action against Mr. Grundstein. The WSBA also sought to discipline Mr. Grundstein for being illegally declared a “vexacious litigant” in a sham proceeding in the state of Ohio by a corrupt court. Mr. Grundstein was also illegally denied the right to appeal this designation as a “vexacious litigant”. That designation prevented Mr. Grundstein from ever filing another lawsuit without court permission. Mr. Grundstein had sued a man for stealing from his father’s estate. On the basis of that one case, the only case that Mr. Grundstein had ever filed in Ohio, he was declared a “vexacious litigant”. If the states of Ohio and Vermont have not sought to discipline Mr. Grundstein, how can the WSBA Bar discipline him for what he did in Ohio and Vermont? How can Mr. Grundstein put on his defense of a corrupt Ohio judicial system in Bar disciplinary proceedings in Washington State? What authority does the WSBA have to enforce what an attorney does in another state when that other state has no problems with what that attorney did?

    No felony conviction.
    Mr. Grundstein was disbarred. One of the reasons was that he committed a felony in Ohio. Normally, commission of a felony by an attorney results in automatic disbarment. The only problem was that Grundstein had never been convicted of a felony. This was of no concern to the Office of Disciplinary Counsel, who continuously misrepresented the facts, or to the Hearing Officer, Lisa Hammel, who disregarded Mr. Grundstein’s affirmative defenses in this regard and the WSBA’s failure to prove the commission of a felony (It is a requirement that the WSBA affirmatively prove that Mr. Grundstein had committed a felony).

    Brady v. Maryland, RPC 3.3 and 3.8 violations.
    Douglas Ende, Disciplinary Counsel Linda Eide and the ODC had known for three years that Mr. Grundstein had not been convicted of a felony. Mr. Grundstein had informed them of that fact and had produced documents and citations to the Lakewood, Ohio Municipal Code, Section 549.04 which only deals with Misdemeanors. Please Google it. The U.S. Supreme Court decided in the case of Brady v. Maryland that a prosecutor must disclose and produce exculpatory evidence (evidence that tends to negate the guilt of the accused). The Washington State Rules for disciplinary proceedings against attorneys incorporate Brady v. Maryland principles and also require the ODC to disclose and produce exculpatory evidence. RPC 3.3 (a) (1) and (4) Candor Toward the Tribunal – “A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer” nor “offer evidence that the lawyer knows to be false”. Douglas Ende, Linda Eide and the ODC violated those legal requirements in order to obtain the illegal disbarment of Mr. Grundstein.

    Alleged alteration of a court document.
    Mr. Grundstein was also charged by the WSBA with a violation of RPC 8.4, alteration of a court document, the record of his Misdemeanor conviction for Improper Storage of a Weapon. Mr. Grundstein had taken a faxed copy of that court document, which had been typed in black ink, and wrote on it in blue ink, in his own handwriting, the “(c)” after Lakewood, Ohio Municipal Code 549.04. All of 549.04, including subsection “(c)”, deals with misdemeanors. Lakewood, Ohio Municipal Court only deals with misdemeanors. It has no jurisdiction over felonies. Mr. Grundstein did this because he had needed to explain the matter to the FBI in order to be able to buy a gun. He had to explain that he had never been convicted of a felony so he wrote the FBI a letter explaining that he had not been convicted of a felony, including in it the court document which had his added subsection “(c)”. There was no alteration and no intent to deceive anyone. He wrote on a faxed copy of a court document and never tried to pass his writing off as part of the court document. The FBI understood, never questioned what he had done, concluded he had not committed a felony and allowed him to buy a gun.
    Hearing Officer findings that conclusively have no basis in fact or law – Hearing Officer stated that a misdemeanor was a felony. In her Findings of Fact and Law, Hearing Officer Lisa Hammel incorrectly found that Mr. Grundstein had changed the record on his 2002 conviction for Improper Storage of Firearm, from a Felony to a Misdemeanor. But Mr. Grundstein in fact had never been convicted of such a felony or any other felony. She was referring to the conviction under Lakewood, Ohio Municipal Code 549.04(c). Lakewood Municipal Court is a suburban Cleveland court. It only has misdemeanor jurisdiction. It can’t hear or charge felonies. The charge under 549.04 was a misdemeanor of the 4th degree, the lowest in Ohio. It didn’t get sent to Cuyahoga Common Pleas where felonies are heard. It was completely resolved as a minor matter in Lakewood. Mr. Grundstein had to come to Cleveland to defend his mother from people who embezzled from her. He neglected to leave his .22 pistol in Vermont. His car was towed during a rush hour violation. The police impounded his vehicle, unlocked it, went through everything and found his pistol.

    Clerks refuse to include Grundstein’s exhibits in the record supplied to the Disciplinary Board and the Supreme Court. Three weeks after his Disciplinary Hearing, Mr. Grundstein received a copy of the Hearing record that he had requested for his appeal. All of his 42 Exhibits which had been admitted by Hearing Officer Hammel at the Hearing were gone. All of his documentary proof had been removed from the record by the Bar. Pages 357 to 448 of the transcripts of his disciplinary proceeding bear this out. The WSBA had taken it upon themselves to unilaterally remove every one of Mr. Grundstein’s exhibits that irrefutably proved his innocence and the state of the law in Ohio. These exhibits proved that Mr. Grundstein was not in Ohio at the times alleged, he never altered a court document, he was never convicted of a felony, he never changed a court record of a felony into a misdemeanor and that he never issued a subpoena illegally. The WSBA hid all Mr. Grundstein’s evidence of innocence.

    To quote from the transcript: “HEARING OFFICER HAMMEL: (talking about a Grundstein exhibit) I guess I’m less concerned about your handwritten notes on here. That is certainly something that we could deal with with the testimony acknowledging that they are you handwritten notes, and we certainly have a lot of documents that have been admitted in this case that contain those.” (Italics and boldface added). Grundstein Transcript, Page 435.

    Hearing Officer Hammel and Ms. Eide discuss Mr. Grundstein’s exhibits extensively in the transcript, assigning them numbers using a numbering system developed and used repeatedly by the Bar in disciplinary proceedings and Mr. Grundstein testified about what these 40 exhibits were as shown in these 91 pages of transcript. Apparently, the ODC unilaterally concluded that Mr. Grundstein’s exhibits had not been formally admitted and that a formal statement like “I move to admit Respondent’s Exhibit No. xxx” had to be uttered. No such formal statement is required. First, this is an administrative proceeding, much less formal than a Superior Court trial. As any competent trial attorney, Judge or Hearing Officer will tell you, testimony is not taken about a document until after it is admitted into evidence. Testimony was taken in Grundstein’s case about his exhibits which had been admitted into evidence. Quite obviously, the record of proceedings is meaningless if you have 91 pages of testimony about documents that are not part of the record. Perhaps most importantly, even if his exhibits were correctly excluded from the record by the Hearing Officer, Mr. Grundstein should have been given the opportunity to have his excluded exhibits included in the record and to make the argument to the Disciplinary Board and to the Supreme Court that his exhibits had been admitted or should have been admitted.

    Why doesn’t this conduct constitute violations of RPC 3.2, 3.3 and 3.8 (duty to acknowledge exculpatory evidence at all times), the requirements of Brady v Maryland, obstruction of justice and spoliation of evidence?
    Why doesn’t Ms. Hammel have the courage to stand up to the ODC and change her findings to reflect reality?

    Misconduct by Office of Disciplinary Counsel ignored.
    The Bar, WSBA Disciplinary Board and the Supreme Court have decided that Brady v. Maryland and RPC 3.3 and 3.8 have no application to attorney disciplinary proceedings. The WSBA Disciplinary Board was fully informed, on multiple occasions, of what had occurred, but completely ignored the situation and refused to do anything. The WSBA, the ODC, the Disciplinary Board, Hearing Officer Hammel and the Washington State Supreme Court are unconcerned about this. Why aren’t WSBA Hearing Officers concerned about the integrity of the record in disciplinary proceedings that they control? Why aren’t WSBA Hearing Officers and the Disciplinary Board concerned about misrepresentations that are made to them?

    Compare this to the situation with the disbarred Duke Lacrosse team Prosecutor Mike Nifong. Nifong withheld exculpatory evidence that negated the guilt of several Duke University LaCrosse players on rape charges. He was disbarred by the State Bar of North Carolina on an expedited basis. Here, the ODC attorneys guilty of this misconduct are still at work despite egregious misconduct in other cases (Unger, Gauthier). In the Unger case, misconduct on the part of the ODC resulted in compensation of $75,000 being awarded to the attorney victim which was paid by Bar Association members. Again, no punishment for the ODC wrongdoers.

    No appeal allowed. Clerks allowed to make decisions.
    The Washington Supreme Court refused to allow Mr. Grundstein to appeal his disbarment. He tried to file his appeal eighteen days after the Disciplinary Board’s decision, thinking his filing was timely. The Supreme Court found that it was not, even though there is authority for a longer deadline. Former Justice Richard Sanders disagrees that his filing was not timely. Efforts to file motions to vacate his disbarment based upon CR 60 – fraud and irregularities in obtaining a judgment – were rejected by Clerks. He was not even allowed by the Clerks to file these documents to get them into the record in his own case and in front of the Disciplinary Board or the Supreme Court.

    WSBA’s Office of Disciplinary Counsel has absolute power.
    Mr. Grundstein filed Bar Grievances against all members of the Office of Disciplinary Counsel involved, but these were ignored and dismissed without any investigation or consideration. How can the Office of Disciplinary Counsel investigate Grievances against itself?

    Mr. Grundstein’s odyssey through the disciplinary process is further described in the book he has just written, Vendetta: Cleveland Ohio Vermont to Washington State America’s Archipelago of Legal Failure.

    The link to this book is:
    http://www.amazon.com/Vendetta-Cleveland-Americas-Archipelago-Failure/dp/149598737X/ref=sr_1_1?s=books&ie=UTF8&qid=1399658385&sr=1-1&keywords=grundstein

    PAUL E. SIMMERLY

    Like

    Posted by PAUL E. SIMMERLY | February 13, 2015, 4:34 pm
  4. The things that are going on in Wash.State are very simple. Who is running this State? Everything should be analyzed and you need to start from there. To go directly to the Supreme Court will do nothing. If you can’t get answers one way, one must attack from a different direction. Who are the players and their connections? It is a huge group and all of them are in Real Estate. Look at who is electing whom and who of their friends are running for positions. Example:

    Brianna Thomas is running for City Coucil. Whom did she work for before? Steve Hobbs. Who is friends of Steve? Bob Ferguson, also friends of Kate and Aaron Reardon. Reardon is friends of Pennington. Who gave the positiong to Pennington”..it was Jennifer Dunn. Who is Dunn friends with?….The Wallace family. Then comes the connection to Bennett, Selig, Runstad. They and more are running this State. Then it goes all the way to Olympia and the Wash. Supreme Court. They select and elect their friends. Basically, They all do as they please and nothing will stop them.

    Now, how can you break this chain?

    Like

    Posted by Vera | February 14, 2015, 8:53 am

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