Judge Judge Fernando J. Gaitan Jr. and the US District Court for the Western District of Missouri The Honorable Chief Judge Fernando J. Gaitan Jr. was a judge on the Sixteenth Judicial Circuit Court of Missouri from 1980 to 1986. He was a judge on the Missouri Court of Appeals, Western District from 1986 to 1991. Hon. Judge Fernando J. Gaitan Jr. was nominated by President George H.W. Bush on May 16, 1991 and confirmed by the United States Senate on July 18, 1991, receiving his commission on August 2, 1991. Hon. Judge Fernando J. Gaitan Jr. has served as chief judge of the United States District Court for the Western District of Missouri from 2007-present. Judge Fernando J. Gaitan's court was Ground Zero for the Karl Rove prosecutions of Democrats The
Bush-Cheney-Rove Justice Department prosecuted 600 elected officials plus 2,500
collateral cases (children, elderly parents, children of defense lawyers, etc),
and 85 percent of the officials were Democrats. Most of the rest were moderate
Republicans, not Federalist Society Republicans.
Democrats were targeted at all levels of the system and in many states across the country. The evidence supports the use of the U.S. Department of Justice by Karl Rove to create a permanent Republican majority. In fact, statistics show that in the 15 months leading up to the 2008 general election, indictments of elected Democrats increased by nearly 50%.
The
prosecutions were concentrated in presidential election swing states, as were
the U.S. attorney firings. The following states saw a narrow 2004 gap between the Republican and Democrat candidates for president: Arkansas: 9.76%, Arizona: 10.47%, California: 9.95%, New Mexico: 0.79%, Nevada: 2.59%, Michigan: 3.42%, Washington: 7.18% See What Do All These States Have in Common?
Originally, the scandal over the US Attorney firings did not include Missouri, the epicenter of the scheme when the press did not realize the Arkansas US Attorney Bud Cummins was fired to install 37-year-old Timothy Griffin a Karl Rove protege for the purpose of obstructing the investigation of the Missouri Driver's License fee office patronage public corruption conduct of Missouri Governor Matt Blunt, the Missouri Federalist Society law firm Lathrop & Gage LLP and Governor Matt Blunt's counsel Mark F. (Thor) Hearne, II of voter suppression infamy as a director of the American Center for Voting Rights. It was not until a litigant in private civil antitrust litigation over the 1.9 Trillion dollar Novation LLC and General Electric hospital supply monopoly, Samuel K. Lipari released discovery that the Western District US Attorney Todd Graves was a Ninth US Attorney illegally fired and that Todd Graves had been fired for the purpose of replacing Graves with Bradley J. Schlozman that the press started to realize Missouri was ground zero for the politically motivated firings. Missouri was won by incumbent President George W. Bush by a 7.2% margin of victory. Western District of Missouri US Attorney's Office The Hon. Judge Fernando J. Gaitan Jr. was responsible for the ethical conduct of officers of the court including employees of the US Attorney's office when he took over as Chief judge on April 30, 2007 from Chief Judge Dean Whipple. The US Attorney for the Western District of Missouri’s office under Bradley J. Schlozman and John F. Wood had been captured by Karl Rove for the purpose of initiating political prosecutions against Democrats to aid the Republican National Committee hold on to Missouri a swing state. Todd Graves, the former U.S. Attorney for the Western District of Missouri (Kansas City), said that Michael Battle, then head of the Executive Office for U.S. Attorneys (EOUSA) who also delivered the bad news to the other eight prosecutors, asked him to resign to "give another person a chance." That was the same reason given to Bud Cummins when he was asked to resign his position in Arkansas. The person appointed to replace Graves as the interim U.S. Attorney was Bradley J. Schlozman, who had been in the Civil Rights Division and clashed with Graves over filing a law suit related to Missouri's voter rolls. The U.S. Attorney's Office also obtained an indictment related to voting fraud shortly before the 2006 election. Schlozman, who later was assigned to the EOUSA, was subpoenaed to testify before the Senate Judiciary Committee. His replacement as U.S. Attorney was John F. Wood, who was confirmed by the Senate on April 11, 2007. John F. Wood was previously the Chief of Staff for the U.S. Department of Homeland Security. Under oath and testifying before US Senators, Bradley J. Schlozman repeatedly committed perjury over his conduct of personnel practices in the USDOJ. Eventually US Attorney General Eric Holder determined Bradley J. Schlozman, now practicing law in WIchita, Kansas would not be prosecuted for his perjury before the US Senate Judiciary Committee investigating the US Attorney firings and the politicization of USDOJ hiring and employee retention policies in main justice and the US Attorney for the Western District of Missouri's office. The US Attorney’s
office of Bradley J. Schlozman
initiated the political prosecutions of local Kansas City, Missouri area
Democrats as part of Karl Rove’s secret scheme to cut out up and coming
electable officials the Democrat Party could later consolidate national power
through. US Attorney Bradley J. Schlozman initiated prosecutions against Bonnie Sue Lawson, the
Public Administrator of Kansas City; Rev. Saundra Mc Fadden – Weaver, a City
Council Woman of Kansas City; Robert Young, also a City Councilman; Carl W.
Bussey of the Jackson County Legislature; Kathryn Shields, a Jackson County Executive along with her
husband Phil Cardarella, a Kansas City attorney in private practice and even
Kansas City's former mayor and current Congressman Emanuel Cleaver as part of Karl Rove's use of the US Department of Justice to destroy
the lives of local level Democrat politicians in Missouri and other key
electoral states to ensure President George W. Bush's reelection in a way that
would not become national news. The prosecutions and investigations of Bonnie Sue Lawson;
Rev. Saundra Mc Fadden; Robert Young; Carl W. Bussey; Kathryn
Shields; Phil Cardarella; and Emanuel Cleaver were continued after Bradley J. Schlozman stepped down from the role of US Attorney for the Western District of Missouri and was replaced by John Wood, Senator Kit Bond's nephew and husband of Homeland Security Schlozman focus of criminal probe, Journal says(June 16, 2008)"Democrats have accused Schlozman of pursuing the ACORN cases in an attempt to affect the outcome of the 2006 Senate race between Jim Talent and Claire McCaskill. Schlozman has said he did not think the indictments "would have any effect on the upcoming election nor do I think they did." Schlozman replaced former U.S. Attorney Todd Graves, who has since said he was reluctant to pursue some voter registration cases in the area. However, Graves left the office months before the ACORN indictments, and played no role in them."
Western District of Missouri's History Drug Probe leaked 3 Months Before McCaskill's election The Western District of Missouri had previously targeted the Missouri State politician now Senator Claire McCaskill. During Claire McCaskill's tenure as prosecutor, she was the subject of a four-year long federal drug investigation. Bonnie Sue Lawson, Public Administrator of Kansas City Former Buchanan County official pleads guilty to stealing $118,000
KANSAS CITY - A former Buchanan County, Mo., official pleaded guilty in federal court today to embezzling $118,000 from Social Security payments intended for dependent or disabled clients served by her office. Bonnie Sue Lawson, 68, of St. Joseph, Mo., waived her right to a grand jury and pleaded guilty before U.S. District Judge Gary A. Fenner this afternoon to a federal information that charges her with stealing public money.
Read the News Release Rev. Saundra Mc Fadden-Weaver City Council Woman Kansas City Councilwoman Saundra McFadden-Weaver and two others were indicted in federal court today for their purported roles in a mortgage fraud scheme. The seven-count indictment, alleging conspiracy and wire fraud, was returned early this afternoon. In addition to McFadden-Weaver, others indicted include Emanuel Kind, whom the councilwoman has described as an acquaintance and minority contractor, and Ricky Hamilton, an employee of a Grandview mortgage company. The case was brought by US Attorney Bradley J. Schlozman. Published by Rita Prior on Nov 30, 2007 Target: The Honorable Fernando J. Gaitan, Jr. Background (Preamble): Bishop Saundra McFadden Weaver was convicted of seven counts of mortgage fraud. In an attempt to help a friend in need, Bishop Weaver signed paperwork to secure a loan. The defense argued that the busy public servant (Bishop Weaver) did not read the fine print on the mortgage contracts. She signed them in good faith. Previously convicted con artists, who made deals with the prosecution to minimize their time behind bars, victimized Bishop Weaver, who has devoted many years to public service. Bishop Weaver did not stand to gain financially from her involvement in what she thought was the legitimate act to help someone. She did not live in the house in Lee’s Summit. She had no plans to do so. There were no utility bills in her name for the residence. There was no intent to de-fraud. She maintained her residence in the district she served as a City Council member as prescribed by law. She is a minister of the gospel. She is not a lawyer. She got some bad advice from a licensed mortgage broker she trusted. The trial and conviction has cost her a lot of money and the office of City Councilwoman for the 3rd District.
McFadden-Weaver, who faced up to 2 1/2 years in prison, said her knees became weak when she heard Chief U.S. District Judge Fernando Gaitan read her sentence for seven conspiracy and wire fraud convictions. “I believe the judge listened and looked at the facts and took a fair and professional position,” McFadden-Weaver said. “I’m thankful to God.” If the U.S. Bureau of Prisons accepts Gaitan’s placement recommendations, McFadden-Weaver probably will not miss a Sunday at the church she serves as pastor. The judge recommended that she serve the two months at a local halfway house and participate in work-release programs there and during her period of home detention.
Carl W. Bussey, Jackson County Legislature FORMER JACKSON COUNTY OFFICIAL INDICTED FOR PERJURY; ALLEGEDLY LOANED MONEY TO FORMER KC JUDGE KANSAS CITY, Mo. – Bradley J. Schlozman, United States Attorney for the Western District of Missouri, announced that a former Jackson County, Mo., elected official was indicted by a federal grand jury today for making false statements and committing perjury during the investigation of former municipal judge Deborah Neal.
Carl W. Bussey, 58, of Kansas City, Mo., was charged in a four-count indictment returned by a federal grand jury in Kansas City. Bussey, a former member of the Jackson County Legislature, is a self-employed attorney in Kansas City.
Today’s indictment alleges that Bussey made loans to Neal, and that he arranged for his cousin to loan money to Neal as well. However, Bussey falsely denied making those loans during a federal investigation into allegations that Neal solicited loans from attorneys and others with interests in the cases over which she presided as Kansas City Municipal Judge. Neal, who pleaded guilty to fraud on May 3, 2005, is currently serving a 28-month prison sentence. Jury acquits K.C. attorney in U.S. District Court of federal perjury
A jury deliberated for less than 45 minutes Wednesday before acquitting an attorney on charges that he loaned money to a municipal judge and then lied during a federal investigation. Carl W. Bussey, 59, was accused of loaning former municipal Judge Deborah Neal about $1,100 sometime after 1997. He faced felony charges of perjury and making a false statement for allegedly lying to an FBI agent and on an affidavit about the alleged loan during a 2004 grand jury investigation.
Bill Waris, a Jackson
County Executive
Bill Waris has died"The beginning of the end of Waris’ political career came in 2004 when federal prosecutors launched a wide-ranging probe of Shields when she was county executive. Waris, at the time the county’s lobbyist in Jefferson City, was ordered to appear before a grand jury. A criminal case arose while investigators were trying to determine if Shields offered a county contract to a woman in exchange for the woman’s husband withdrawing his application for a seat on the Sports Complex Authority. Waris was implicated in the case and eventually pleaded guilty to a felony charge of lying to FBI agents. In return for his plea, federal prosecutors agreed to drop charges in a more serious indictment that alleged he lied to the grand jury and obstructed justice. Waris maintained privately that he never did anything wrong, friends said. He thought that pleading guilty would be better than going to trial, losing and going to jail, McCullough said. In her statement today, Shields said, “Bill Waris was a good friend and an extremely honest and honorable county executive.” At his sentencing in July 2005, Waris was contrite. “I’d like to apologize to my wife, my family and to all the people I’ve let down today,” Waris said in a tearful statement to U.S. District Judge Nanette Laughrey. He was sentenced to three years’ probation and fined $2,000." Katheryn Shields Jackson County Executive
"Judge bars Shields from crying politics Former Jackson County Executive Katheryn Shields cannot present evidence or testimony at her fraud trial to prove that her prosecution was selective or vindictive, a federal judge ruled Thursday. Lawyers representing Shields and her husband, Philip Cardarella, can examine the motives of witnesses, but not refer to “facts and allegations wholly irrelevant to defendants’ guilt or innocence,” Chief U.S. District Judge Fernando Gaitan ruled...The acting U.S. attorney who announced her indictment,Bradley Schlozman, later became the target of scathing criticism from Democrats, though primarily for his prior work in the Justice Department’s Civil Rights Division and for pushing the indictment of four Missouri ACORN election workers close to the eve of the 2006 midterm elections." "Judge bars Shields' 'political witch hunt' claim...Gaitan said that Shields' defense team already has had opportunities to raise such objections in pretrial pleadings and that allegations of political motives during cross-examination would be "wholly irrelevant to defendants' guilt or innocence." Specific allegations and testimony barred from the trial include: - The claim that Shields and Cardarella have been selectively or vindictively prosecuted.
- The political affiliation of the defendants.
- The claim that they are being prosecuted for their political affiliations.
- The terms "political witch hunt" or "political terrorism."
- Campaigns or public office held by Shields.
- Other alleged criminal acts or investigations pertaining to Shields.
- Former U.S. Attorney Todd Graves' resignation.
- The appointment of Bradley Schlozman as Graves' interim replacement.
- Claiming that the Justice Department is in the "midst of the worst corruption scandal in its history."
- The circumstances of the firings of U.S. attorneys nationwide.
- Circumstances related to congressional inquiries into the firings of U.S. attorneys.
Shields and Cardarella have been accused of participating in a mortgage fraud scheme in which their house was sold at an inflated appraised value and excess mortgage loans amounts were skimmed for the benefit of those involved in the scheme."
Prosecutors rest case in Shields trial None of the 40 witnesses called by prosecutors over seven days of testimony directly linked Shields to the illegal scheme she is accused of participating in. Only two witnesses — both co-defendants who pleaded guilty and agreed to cooperate with the government — testified that they talked about the transaction with Shields’ husband, Philip Cardarella. But federal prosecutors contend that Cardarella and Shields, who are both lawyers, knowingly signed fraudulent documents at the closing on the sale of their house last November. FBI Special Agent Julia Jensen, the last government witness, described how she began an investigation in February 2006 into transactions involving Raymond Zwego. A tip from a suspicious appraiser last October led her to the Zwego-arranged deal to sell the Shields and Cardarella home at an inflated price, Jensen testified. Zwego and six other co-defendants have pleaded guilty, and the majority of the alleged illegal activity testified about during the trial in U.S. District Court in Kansas City occurred without the knowledge or participation of Shields and Cardarella. "Judge denies Shields' request for government to pay legal fees
A federal judge has denied a request by former Jackson County Executive Katheryn Shields and her husband Philip Cardarella to have the government pay their legal fees after they were acquitted of mortgage fraud charges that the couple believed were frivolous. Shields and Cardarella were found not guilty in a jury trial last year of several counts tied to a mortgage fraud conspiracy that involved their house they were trying to sell on 5034 Sunset Drive. The couple had long contended that the government’s prosecution was an attempt by Bradley Schlozman, a former U.S. Attorney appointed by President Bush, to besmirch the name of a Democratic politician who at the time was running for mayor of Kansas City, a race she lost by a vast margin in the primary. The U.S. Attorney’s office for the Western District of Missouri and the U.S. Department of Justice has consistently denied that the prosecution of Shields and her husband was politically motivated. Federal laws allow for defendants to recover legal fees from the government if they can prove that prosecutors pushed a case that was frivolous and in bad faith. U.S. District Judge Fernando Gaitan wrote in his ruling that while the government’s case against Shields and Cardarella may not have been as strong as it was against several of the other co-defendants in the case, he could find no evidence that there was intent on the part of prosecutors to raise a malicious case against the couple. Shields and Cardarella were seeking more than $202,000 to pay to their attorney Curtis Woods of Sonnenschein Nath & Rosenthal LLP and his assistant."
Recent news Sex slavery: The desperate plight of many women Sun, Dec. 13, 2009Judge Gaitan declined to find human trafficking: Ultimately, prosecutors didn’t charge the four main defendants with human trafficking. Instead, they were charged with and pleaded guilty to coercing females to travel for prostitution. Court testimony and other information prompted the federal judge hearing the case to dismiss the notion that there were “vulnerable victims.” “The victims were more participants than victims,” said Chief U.S. District Judge Fernando Gaitan in sentencing the lead defendant, Ling Xu. “They appeared to be professionals.”
"For his part, Judge Gaitan, in Missouri, had two shots at considering the case of Joseph Amrine, a death-row inmate slated to die for the killing of a fellow prisoner in a Missouri state prison. Amrine had been convicted of the knife slaying on the basis of the testimony of three alleged eyewitnesses—all of them fellow prisoners. [See my May 1, 2003 report published in Salon.]
When two of those witnesses later recanted (suggesting that it was the third witness who had actually been the killer), Judge Gaitan rejected the habeas appeal, arguing that the two recantations couldn’t be believed, because the third witness had not changed his testimony. Later, when the third witness also recanted, Amrine’s attorney brought the case back to Judge Gaitan, but this time, the Judge again rejected the appeal, claiming that none of the witnesses was credible “because they are all criminals.” (Which of course begs the question of why Amrine should have been convicted in the first place based upon the testimony of the same three witnesses.). |
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