Monday, April 14, 2008


Judge Donald L. Graham


Chief Judge Federico A. Moreno Refuses to Endorse Judge Graham's Behavior


Chief Judge Federico A. Moreno who when told of these same
allegations via us Mail, and email, and the Internet stated:


I am in receipt of your letter written to me as a Chief Judge of the Southern District of Florida about actions by Judge Donald Graham. In that letter, you also complained about the Chief Circuit Judge J.L. Edmondson. As you can understand one district judge cannot review the actions of another district judge. This rule applies to the Chief Judge of the District as well. It is before the Eleventh Circuit Court of Appeals in Atlanta that any complaint as to a ruling made by a District Judge can be made, I assure you that any decision rendered by Judge Graham was made in good faith upon what he perceived to be the law. Judge Graham has an impeccable reputation. However, if you feel that a judge has erred, the appellate judges in Atlanta are the ones who can decide what to do about it. Thank you for writing.


SeeLetter from Chief Judge Federico A. Moreno. Notice that this is not an endorsement, nor a denial that should tell you something.




March 25, 2008
214 Atteberry Drive
Sebring, FL 33870

Federico A. Moreno
Chief United States District Judge
99 N.E. 4th Street #1061
Miami, Fl 33132

Dear Judge Moreno:

RE: Judge Donald L. Graham: An Expose In Hubris, Misconduct, and Criminality

Firstly, I have made this letter publicly available online at

My ultimate goal is to have Judge Donald L. Graham impeached and have his pension forfeited. I would like nothing better than to see Judge Graham called before a Congressional committee to testify under oath about his behavior. To this end, I have been and continue to be relentless in pursuit of these goals.

I know that you have a great deal of expertise on federal judicial misconduct. When the time permits, I would appreciate it if you would read the information and links provided. Upon verifying the veracity of these allegations, I would appreciate it if you would pass this information along to the proper authorities.

One of the most serious allegations is that Judge Donald L. Graham framed a man with the help of the U.S. Attorney. This is a quick read less than five minutes. See http://mmason.freeshell.org/framed.htm/#quick .

The misconduct is really a two part story consisting of Judge Graham's misconduct and his colleagues efforts to conceal it. One of the problems I have had is not documenting these allegations, but organizing them. I have a massive amount of information on a website. mmason.freeshell.org.

I have a page called Core Allegations of Misconduct at : http://mmason.freeshell.org/CoreAllegations.htm .
This page contains links that document the following:


  • Judge Graham lied and intentionally misrepresented the law.

  • Judge Graham and his Magistrate usurped legal authority by allowing a Magistrate to issue an injunction which is prohibited under 28 U.S.C. 636(b)(1)(a) and ordering Mason not to communicate with his government, Highlands County Board of County Communications.

  • Judge Graham refused to rule on a motion for a preliminary injunction by Marcellus Mason that had been pending for more than 17 months. As a matter of fact, the Eleventh Circuit refused to make Judge Graham ruled on the motion by denying mandamus even after the motion had been pending for about 15 months.

  • Judge Graham allowed scores of other important motions to simply linger without addressing them.

  • Judge Graham abused the criminal contempt procedure by taking a void sua sponte issued pre-filing injunction and making it the basis of a criminal contempt information.

  • Judge Graham used the criminal contempt process to force the withdrawal of a lawsuit.

  • Judge Graham awarded a massive $200,000 in attorney's fees to Highlands County against an indigent plaintiff, Marcellus Mason, not on the quality of the underlying lawsuit, but based upon Judge Graham's speculation about Mason's motive.
    Judge Graham has repeatedly improperly denied access to the courts by arbitrarily denying in forma pauperis, "IFP", petitions. As a consequence, Judge Graham has necessarily arrogated his authority by denying appellate review of his lawless decisions.

  • Judge Graham falsely completed a Civil Justice Reform Act Report, "CJRA" in order to conceal the fact the fact that he had a motion for a preliminary injunction pending for more than 17 months.



ELEVENTH CIRCUIT, U.S. COURT OF APPEAL


The Eleventh Circuit has used every trick in the book to avoid scrutinizing the behavior of Judge Graham. It has been unwilling to test these allegations. The Eleventh Circuit, U.S. Court of Appeal, has refused to test these allegations of misconduct for veracity, much less remedy them. This is really an incredible story of dishonesty. The methods employed by the Eleventh Circuit to circumvent legitimate appellate review are many and seem to be only limited by the Eleventh Circuit's imagination. See mmason.freeshell.org/methods.htm.

Additionally, the Eleventh Circuit, primarily Chief Judge J.L. Edmondson, has mocked and contorted the Judicial Misconduct Act by refusing to investigate these allegations of misconduct against Judge Graham even though he knows full well that the appellate process has refused to address these allegations of misconduct. See Judicial Misconduct Home Page.

UNFAIRNESS TO OTHER FEDERAL JUDGES


Judge Graham appears to be a favored judge in that Judge Graham has been affirmed on appeal at the Eleventh Circuit, while some of his other colleagues at the S.D. Fla. and other District Courts have been reversed and excoriated on appeal for the same set of facts. This allegation is fully documented at http://mmason.freeshell.org/tale.htm . This page contains links to other web pages that demonstrate how judges U.S. District Judge Ursula Ungaro-Benages, S.D. Fla., mmason.freeshell.org/WorldThrust.htm , U.S. District Judge John Antoon II, M.D. Fla., http://mmason.freeshell.org/collins.htm, U.S. District Judge Daniel T. K. Hurley, mmason.freeshell.org/martinez.htm ,S.D. Fla., U.S. District Judge Marvin H. Shoob, N. D. of Georgia, mmason.freeshell.org/pleming.htm, all were reversed and excoriated on appeal while Judge Graham was affirmed for the exact same set of facts.

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