It is not his multiple rulings against me that bothers me the most about United States District Judge Marco Antonio Hernandez. It is his reasons for issuing them. Judge Hernandez seems like a man that cares more about his ego than what is fair, just, legal, or ethical. I have had to appeal three of his rulings to the Ninth Circuit so far because he seems dedicated to finding excuses to justify banning me from lawful conduct.
It is well known that convicted felons lose some of their rights, but the right to free speech is not one of them. I ran websites similar to Cop Blaster that allowed people to post complaints about others for various things. One person that was the subject of a complaint threatened me and endangered my safety in my own home. Then, for threatening that person, he gave me the maximum prison term recommended by the United States Sentencing Guidelines and required that probation approve any future use of a computer.
That computer restriction kept me from being able to even look for a job when I was first sent to a halfway house for the last six months of my sentence. That is because probation, despite established case law to the contrary, abused that condition by enforcing it as an absolute ban. After 3 months of pacing the hallways (they turn the TVs off during business hours) I was given an ultimatum by the head of the employment department at that facility, agree to just one hour of computer use a day or go back to prison, I answered that ultimatum with a slap in the face. Literally, I got a consecutive two year sentence for assaulting a federal employee. That sentence was handed down by none other than Judge Hernandez, after having my case re-assigned to him from Judge Haggerty. Vindictive? I think so, especially after keeping it real at my first sentencing hearing by saying "I have every right to run my business and I will run it until the day I die" and "I came here expecting good judgement and I did not get it...you will not be forgiven for your lack of good judgment." What did I mean by that? I meant this, that I would expose him for what he truly is and provide others with a means to speak out against not just him, but others in his position or similar positions that abuse their office. This is my peaceful demonstration.
If the above was not vindictive enough, I basically won my appeal of my computer ban, and by basically I mean that over a year after losing my appeal, another victim of the District Court won his, and Marco was forced to let me use computers again. Even then, he finds excuses to justify hurting my ability to earn an income. He created a new restriction that says:
"Defendant shall not own or operate, directly or indirectly, any former website, including STDCarriers.com, nolimitlist.com, or any similar website that offers reputation management services or otherwise involves the removal of names, titles, identities, phone numbers, email addresses, or any other personal information from such websites or other publications, whether or not payment of money is required, without prior written approval of the U.S. Probation Officer."
This site is my answer to that condition. It is a site that will not remove content because his order legally prohibits me from doing so. If summoned to his court for a modification that could include a ban on this site, I will sabotage this site so that no one, including me, can take it down. That sabotage will take place before the hearing so that I cannot be found in violation afterwards.
Now, what makes Judge Hernandez an enemy of liberty? He admits that my business is protected by the First Amendment, in his opinion it is legal, but he feels that the need to protect people that are trying to remove content, from receiving threatening emails, outweighs the most inalienable right granted to us by the Constitution of the United States. The First Amendment Right to Freedom of Speech. If it were not for the First Amendment nobody would have a voice except those in power, there would be no forums of debate, and whenever the government is allowed to successfully silence those they disagree with then America ceases to be a free country. People like Judge Hernandez are the greatest threat that the American people face today. More dangerous than ISIS, Russia, or Al-Qaida because they are annihilating our culture. He is a traitor the Constitution and every American including myself, but despite that I will not raise a fist in anger against him because that would just give him another excuse to abuse his office.
If his disregard for fundamental rights is not enough, his methods for forcing his will on me are tyrannical. For example, I filed an ineffective counsel claim against Per C. Olson of Hoevet, Olson, and Howes that should have resulted in the dismissal of my threat charge because the information that I pled guilty to did not charge a violation of federal law. It is clearly defective and nothing in his 27 page denial disproves its ineffectiveness, but he does not have to obey the law. That is because the worst I can legally do about it is complain. So, I am complaining, to the Ninth Circuit Court of Appeals using the Certificate of Appealability (COA) that he gave me and to the public through this website. This gives me two pending appeals (the other for the ban on my business).
That COA I mentioned is the only time that Judge Hernandez has done anything that has made me happy. That is because it is extremely rare for a judge to issue a COA, especially in the District Court because it means that there is cause to disagree with him, so maybe there is hope for him and everyone he rules over, but I am not getting my hopes up. At least by getting the COA I have one judge saying that I made a substantial showing of the denial of a Constitutional right.
Just in case you are wondering, no, that is not a DUI mugshot. It is a cropped picture of him that I selected because of the smirk and the gray wall in the background reminded me of the wall at the county jail where they take mugshots of people. Sorry for any confusion.
He starts off the video below talking about how most people in the criminal justice system are there for drugs and alcohol. I am one of those people because I was drunk when I threatened someone online. If he starts practicing what he preaches my sobriety should be enough to satisfy him. Nobody should be selectively prosecuted and excessively sentenced for expressing views that are not popular or consistent with those of the court.
Unfortunately, I don't think that I will ever see him in re-entry court. I attended a session in his courtroom once as a condition of my release (must observe re-entry court). After asking his deputy some procedural questions about post judgment motions I filed as part of my ineffective counsel claim, he had me kicked out of his courtroom. The U.S. Marshal has had a flier about me on the computer at the metal detector downstairs ever since. As a result, I have to be escorted by security or my probation officer whenever I am in the courthouse.