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June 20, 2016

US DHS assists in suppression of anti-corruption dissent in Israel

By Joseph Zernik

Israeli judges retaliate against anti court corruption activists by unlawful, fraudulent use of their authority. US DHC/ICE colludes with them, and Google is a major partner. Spying, unreasonable detentions, unlawful search and seizure of computers, and draconian fake judgments - retaliation produces some of the best evidence of judicial corruption. Conditions in the US are similar.

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Israeli judges retaliate against anti court corruption activists by unlawful, fraudulent use of their authority. US DHS/ICE colludes with them, and Google is a major partner. Spying, unreasonable detentions, unlawful search and seizure of computers, and draconian fake judgments - retaliation produces some of the best evidence of judicial corruption. Conditions in the US are similar.

OccupyTLV, June 17 - DHS/ICE refuses to respond on inquiry regarding an unusual "Information Preservation" instruction, issued to WordPress and targeting Israeli anti court corruption activist Lory Shem Tov and others. Lory is best known for her blogs and direct action, protesting corruption of the family courts in general. Particularly, protest is against the practices of welfare agencies and the courts in taking children from their biological parents and giving them to surrogates or adoption. Shem Tov and other social protest activists have often been targeted for retaliation by Israeli police and judges through unreasonable detentions, unlawful search and seizure procedures, and fraudulent court processes.

Unusual DHS actions


(Image by Joseph Zernik)   Details   DMCA

Figure 1: Information Preservation letter, issued by DHS to WordPress, pertaining to blogs, mostly by Israeli anti-corruption activist Lory Shem Tov.

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The January 15, 2016 "Information Preservation" instruction was issued to WordPress/Automatic, Inc by J. Robert Klotz, Special Agent, Homeland Security Investigations, Cyber Crimes Center (C3). It requires that WordPress preserve "any and all information associated accounts" (32 blogs were listed), including "all subscriber information, account contents (images, emails, chat logs, account setting, and contacts, etc" (Figure 1). The instruction was addressed to Automattic Inc General Counsel Paul Sieminski, a well-known internet Free Speech advocate. Attorney Sieminski did not respond on request for comments either.

The inquiry on DHS asked for any comments by DHS regarding the Information Preservation instruction, in particular: Does it fall at all within the mission of the US ICE unit, since it appears that the involved blogs deal with social-political matters in Israel? DHS was prompt in answering, within less than 30 minutes, asking whether the inquiry was for publication. It then refused to comment without first obtaining the name of the intended publication outlet and "a letter of intent to publish by your editor"...

Spokeswoman of the Israeli Administration of Courts, the most likely mover in this case, failed to respond at all on inquiries, asking: Was the action initiated by the Israeli Administration of Courts? What was the foundation in Israeli law for such action?

The DHS action is unusual, since most of the blogs which are subject of this DHS instruction are blogs maintained by Israeli citizens in Israel, and the blogs deal with corruption of the Israeli courts, particularly - the family courts. The primary target appears to be Lory Shem Tov, a well-known activist against family court corruption. However, a couple of the targeted blogs post only media reports on court related matters, and one of the blogs, not owned by Lory, is simply a list of free online software and Hebrew explanation of its uses. One possible explanation for the DHS action is that US agencies also treat social-political protest in the US under "Counterterrorism"... (see below)

The case is not unique at all. Requests by the Israeli Administration of Courts to Google to remove web pages, or delete them from search engine results have been repeatedly reported by Israeli media. In an even more bizarre conduct, the Israeli courts try to prevent Google from including Israeli court rulings in Google search engine results, although the law in Israel, similar to the US is, that any person is permitted to inspect judicial records, which are not lawfully sealed. [i]

Unreasonable detentions


(Image by Joseph Zernik)   Details   DMCA

Figure 2: Lory Shem Tov, Moshe HaLevy, Moti Leybel -- Israeli anti-court corruption activists are targeted for unlawful retaliation by police and the courts.

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Lory Shem Tov has been targeted by the Israeli courts for several years. She has been detained a number of times, and at least once an unreasonable detention inside a court building (on false suspicion of unlawful recording of court proceeding) involved police brutality. The most recent instance, a couple of weeks ago, appeared intended to retaliate against her for blogging on a case, involving abduction of a minor by a father, part of a family court dispute. Court transcript of the detention extension proceeding shows the unreasonable conduct by police and the judge. Lory's counsel made it clear that Lory did not know the father, that Lory objected to the father's conduct, and that Lory had no part in it. Lory's counsel argued that Police had nothing to investigate Lory about, and that if police wanted to catch the father, the most logical course of action was to leave Lory free, and track the father, while he called Lory to provide her information for her blog. Nevertheless, Lory's detention was extended. In contrast, Israeli media, often fed by police and the courts, reported that Lory was detained as suspect in collusion with the father's conduct. [ii]

Unlawful search and seizure warrants pertaining to activists' computers

Lory is best known for her blogs and direct action -- e.g., demonstrations in front of homes, where children, taken from their biological parents are housed prior to assignment to surrogates or adoptive parents.

In June 2014, two search warrant were issued against Lory, targeting her computers.


(Image by Joseph Zernik)   Details   DMCA

Figures 3: June 13, 2014 Judge Dana Amir sham /simulated search warrant against Lori Shem Tov. The search w arrant form was left incomplete: It has no court file number, and Judge Amir never marked, whether she granted or denied the police request for the search warrant... Her professional career includes service as a senior staff member in the Tax Authority Legal Counsel office, during the peak years of the Tax Authority corruption scandal. Former Attorney General, current Supreme Court Justice Menahem Mazuz, described the scandal as the closest to organized crime in high government offices...

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(Image by Joseph Zernik)   Details   DMCA

Figures 4: June 18, 2014 Judge Shmuel Melamed sham /simulated search warrant against Lori Shem Tov. Also this search warrant form was left incomplete: It has no court file number, and the Judge never marked, whether she granted or denied the police request for a search warrant... Conduct of Judge Melamed was identical to that of Judge Amir. One should notice Melamed's professional career: He served in a senior position in the Israel Police Prosecution. In Israel, police prosecutes -- an anomaly in itself. Police Prosecution is a key agency in retaliation against social protest activists.

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In response to Lory's complaint, pertaining to the use of invalid, sham search warrant, which was filed with Ombudsman of the Judiciary, Judge Amir claimed that the omission of court file number was an atypical error, or oversight. Ombudsman of the Judiciary decision (329/14) regarding Judge Amir's perverted search warrant found Lory's complaint "justified". [iii] An identical case, involving another search warrant against Lory, issued a few days later by Judge Shmuel Melamed, show s that Judge Amir's conduct was not an unusual error, or oversight.

In Judge Melamed's case, Ombudsman of the Judiciary refused to review Lory's complaint, calling it "cantankerous". The reason: Lory described the episode in her blog, and labeled the judge "negligent". [iv] The Ombudsman's decision in Judge Melamed's case only highlights the role of Ombudsman of the Judiciary as a glorified fig leaf. His decisions, whether a complaint a judge is "justified", or "unjustified" have little, if any consequence.


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Figure 5 : Moshe HaLevy v State of Israel (Israel Police, Administration of Courts, and State Prosecution) (13113-11-08) in the Haifa Small Claims Court -- a. March 31, 2009 Public Service Employee 's Certificate (comparable to an affidavit ), file by the Tel-Aviv Magistrate Court Criminal Division Senior Coordinator Rachel Shiran. Ms Shiran's Certificate document s that search warrant requests are conducted with no court files at all, and are not entered in the Court's case management system. b. Sample of a sham/simulated index, used by police and the Tel-Aviv Magistrate Court for search warrant requests, which was filed as evidence with Ms Shiran's Certificate. It is a page from a sloppy, hand-written, barely legible, invalid notebook.

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Moshe HaLevy, another activist, is best known for his computer pranks, ridiculing the fraudulent IT system of the Israeli courts and incompetent conduct of the offices of the clerks. For example, in a recent prank, he electronically filed a criminal indictment against himself. [v] Another recent prank (not by Moshe), which went viral -- a man filed a petition for a restraining order against god. [vi]

In what appears as retaliatory actions, police seized and searched Moshe's computers. Also in this case, the search warrant records were invalid.

Consequently, Moshe sued police and other State agencies, to get his computers back.

The State's response provides unique documentation of the fraudulent practices of police and the courts: Public Service Employee's Certificate, filed by the State with its response, documented in detail the practice of issuing sham/simulated warrants (Figure 5) - a court, where search and seizure warrant requests are routinely processed with no court files, no index of cases, and no valid warrant records. A court system, where judges routinely conduct such proceedings on search warrant requests by police, should be deemed a fraudulent operation under the guise of the rule of law.

Sham /simulated, fraudulent draconian civil judgment against Lory Shem Tov and Moti Leybel by Magistrate Avi Cohen.


(Image by Joseph Zernik)   Details   DMCA

Figures 6 : Hava Klein v Lori Shem Tov and Moti Leybel (621-02-16) in the Tel-Aviv Magistrate Court -- sham/ simulated, draconian, NIS 800,000, April 17, 2016 " Post-it Judgment" record, issued by Tel-Aviv Magistrate Avi Cohen against Lory Shem Tov and Moti Leybel ." As requested, judgment is herein rendered against Defendants 1+2, according to the content of the attached record." The "Post-it Judgment" is unsigned, was never duly served, and appear s neither in the Court's docket nor in the Judgment Index . [ix]

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In yet another serious episode of retaliation by the courts through fraud, Tel-Aviv Magistrate Avi Cohen purported to enter a n April 17, 2016 j udgment in the sum of NIS 800,000 against Lory Shem Tov and her colleague Moti Leybel in favor of Attorney Hava Kein (Figures 6) . Judgment of such sum could financially ruin the Defendants.

However, the draconian judgment was issued as an unsigned "Post-it Judgment" - standard fraud in Net-HaMishpat - IT system of the Israeli courts . Moreover, the judgment exceeded over 10-fold the Magistrate's judicial authority (NIS 75,000). In later court filing, Lory also claimed that the complaint had never been served on her, and that she had never been given the opportunity to file a response. She first heard of the case, when the draconian judgment was reported by gleeful media . [x]

The judgment has since been voided.

Fake/simulated court records are common in all Israeli courts today, including some of the highest public policy cases, pertaining to government corruption... [xi]

Shem Tov and Leybel are among many, who protest the unreasonable practices of Israeli welfare agencies and the family courts. In a 2013 Knesset (parliament) hearing, Judge (ret) Hanna Ben-Ami appeared and stated that she was the only judge hearing such cases in Jerusalem for several years. She described a system, where she had to rely on welfare workers ' statements , which were often inaccurate or false. In one extreme case, which she described, welfare workers asked to conduct the court hearing regarding the children in the mother's absence, claiming that she was violent. Ben-Ami explained that she resolved the problem by having the mother participate by video conference from another room. It turned out that the mother was not only no n- violent, but feeble... Moreover, when the welfare workers realized that Ben-Ami was not siding with them, they raised the argument that if the children wouldn't be taken from the mother, "the northern district adoption project would collapse ". [xii] Ben-Ami 's statement was repeatedly interrupted, and never managed to completed it ...

Judges, whistle-blowers, social protest, and government corruption

Fraud by judges is a common problem in recent years in trials against social protest activists. [xiii] Some of the other cases where fraud by judges has been recorded are trials, related to the notorious government corruption. [xiv]

In fact, the judiciary should be considered one of the core groups in government corruption, and one of the key power groups in what can be considered unannounced regime change in Israel. [xv]

Conditions in the US are similar...

In a notorious case in Los Angeles County, 70 year old, former US prosecutor Richard Fine was falsely confined for 18 months in 2009-10 by Sheriff Lee Baca (who has since resigned in the course of a federal corruption investigation). The case originated in the exposure by Fine of the fact that California judges took "not permitted" payments, called by media "bribes". Fine showed that during the same years, it had become practically impossible to win a judgment against LA County in an LA County court. The scandal required the signing by Governor Schwarzenegger of "retroactive immunities" for all such judges (while retroactive legislation is prohibited by the California Constitution), called by media "pardons". [xvi]

The issue of the "not permitted" payments by various California counties, particularly LA County, to California judges has not been resolved, and the struggle against its ramifications continues to this date... The integrity crisis of the California justice system has most recently led to actions by the California legislature, which threaten the very existence of the California Bar Association, and calls by media for breaking up the Bar. [xvii]

There is abundant evidence that FBI and other US agencies cracked down the Occupy movement since its inception by infiltration, treating it as a domestic terror threat . [xviii] Prominent LA County civic leader and constitutional scholar Prof Erwin Chemerinski said that " courts have been unreceptive to claims that protest infiltration by undercover police undermines the First Amendment", but such conduct "risks chilling free speech activity"... [xix]

LINKS:

i Israeli Courts Bar Google From Accessing Court Rulings_Haaretz

http://www.haaretz.com/israel-news/.premium-1.616974

iii Ombudsman of the Judiciary decision (329/14), regarding Judge Dana Amir's June 13, 2014 fake/simulated search warrant, found: "The complaint was justified".

https://drive.google.com/file/d/0B8Aa2xQGbmk5WDlCVkhIeFkyRDQ/view?usp=sharing

iv Ombudsman of the Judiciary decision (57/15), regarding Judge Shmuel Melamed's June 18, 2014 fake/simulated search warrant

https://drive.google.com/file/d/0B8Aa2xQGbmk5RW5WcTk3ZWZGNEE/view?usp=sharing

v 2016-05-09 The Israeli courts - the viral joke is on us -- Halemo indicted himself

http://inproperinla.blogspot.co.il/2016/05/2016-05-09-israeli-courts-viral-joke-is.html

vi 2016-05-05 Israeli Man Files Restraining Order Against God_HuffPost

http://www.huffingtonpost.com/entry/restraining-order-against-god_us_572b9557e4b0bc9cb04611a2

vii 2016-05-09 The Israeli courts - the viral joke is on us -- Halemo indicted himself

http://inproperinla.blogspot.co.il/2016/05/2016-05-09-israeli-courts-viral-joke-is.html

ix 2016-05-10 Rampant fraud in the Israeli Courts - Magistrate Avi Cohen "Post-it Judgment" against Lory Shem Tov and Moti Leybel

http://inproperinla.blogspot.co.il/2016/05/2016-05-10-rampant-fraud-in-israeli.html

x 2016-04-18 Bloggers called her "Kids Kidnapper", Attorney Klein sued them and made them go broke_Globes

http://www.globes.co.il/news/article.aspx?did=1001118337

xi 2015-03-21 Holyland II: Where are Judge Rosen's Verdict and Sentence records of former PM Olmert corruption?_ OpEdNews.com

http://www.opednews.com/articles/Holyland-II-Where-are-Jud-by-Joseph-Zernik-Bribery-Influence-Peddling_Israel_Judicial-Corruption-150321-607.html

xii 2013-12-31 Knesset Committee on Children's Rights, Protocol #42, on removing children from their biological parents by social workers

https://www.scribd.com/doc/312118744/

xiii Israeli Ombudsman refuses to accept whistle-blower complaint against PM Netanyahu - smuggling, murder of a "source"_ OpE dNews.com

http://www.opednews.com/articles/Israeli-Ombudsman-refuses-by-Joseph-Zernik-Israel_Judicial-Corruption_Netanyahu_Whistleblowers-141109-518.html&series=464

2014-10-07 Rafi Rotem, Judge Shoshana Almagor, and medieval-digital corruption of the Israeli courts

http://inproperinla.blogspot.co.il/2014/10/2014-10-07-rafi-rotem-judge-shoshana.html

When it comes to the First Amendment - Israel scores an "F"_OpEdNews.com

http://www.opednews.com/articles/When-it-comes-to-the-First-by-Joseph-Zernik-Banking-Fraud_Freedom-Of-The-Press_Israel_Judicial-Corruption-150628-481.html

2016-05-04 ISRAEL: Banksters and crooked judges united...

http://inproperinla.blogspot.co.il/2016/05/2016-05-04-israel-banksters-and-crooked.html

xiv 2015-12-31 ISRAEL: Fraud epidemic in the courts...
2016-04-19 Zadorov affair: The Supreme Court at its worst: Trying to hide the conduct of sham trial in Nazareth

xvi Attorney Richard Fine - dissident's false hospitalization in Los Angeles County, California_OpEdNews.com

http://www.opednews.com/articles/Attorney-Richard-Fine--di-by-Joseph-Zernik-100118-435.html

xvii 2016-06-17 The California State Bar's dismal history shows why it should be broken up_ La Times

http://www.latimes.com/business/hiltzik/la-fi-hiltzik-calbar-20160619-snap-story.html

xviii 2012-12-27 The FBI vs. Occupy: Secret Docs Reveal "Counterterrorism" Monitoring of OWS from Its Earliest Days_ DemocracyNow

http://www.democracynow.org/2012/12/27/the_fbi_vs_occupy_secret_docs

xix 2011-12-11 Undercover police spied on protesters at Occupy LA_ Reuters

http://www.reuters.com/article/us-protests-undercover-idUSTRE7BA0OR20111211



Authors Website: https://www.scribd.com/Human_Rights_Alert

Authors Bio:

Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.


His work won appreciation in Israel and abroad:
* Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts reach fruition!"
* Attorney Avigdor Feldman - "In my opinion you are doing very important work" thank you for your thorough and persistent work".
* Prof Amnon Shashua, Mobileye Co-founder - "" very important work".
* International experts, as part of anonymous peer-review - "" challenges current concepts in the field".
Four submissions, which he authored on behalf of Human Rights Alert - NGO, were incorporated into UN Human Rights Council Periodic Reports regarding the US or Israel (2010, 2013, 2015, 2018). His research has been presented and published in international academic conferences, including Data Mining (2010), Criminology (2012), E-government (2015, 2017), and were also cited in a textbook on "Machine Learning".
Online updated version: http://www.scribd.com/doc/46421113/

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