“SCORCHED EARTH” LITIGATION MODEL , September 15, 2015

Those who despair of Citizens United release of unlimited moneys into our political system should also consider the impact money has on the Judicial Department.

The Judicial Department was originally designed to perpetuate the exercise of judicial power by way of a trial before two types of constitutional officers: judges and juries. Seeking to take control control of the judicial branch of government judges rationalized away the the role of juries. Next they disparaged the role of trials; arguing that a trial indicated a failure of judges to adequately incentivize settlements. Now we appear to have devolved into the era of judicial “monarchy”, where judges do pretty much what they want.

The degeneration of the american empire’s legal system has been accompanied by litigation models which rely on the disparity of resources between the parties (not the facts or law of any specific case) as the primary basis for resolving cases.

It is my observation that the “Scorched Earth” litigation model, named after General Sherman’s infamous military campaign, is used in virtually 100% of all foreclosure litigation. This model is based on the business premise that banks and servicers should spend whatever money is necessary to win so as to deter homeowners (and any potential lawyers who might be inclined to represent them) from challenging any foreclosure judicially.

I have personally seen this multi-billion dollar industry spend more in litigation costs than the worth of the houses they are foreclosing on. I have been told by servicers’ lawyers that their clients do not factor in defense costs for purposes of settling with homeowners (even where the homeowner has obtained a summary judgment of liability against the servicer) because they want homeowners and their lawyers to know that they will spend whatever it takes to win in court.

The point they are making is one Americans should contemplate: Are we now living in a totalitarian society where the courts are rigged and judicial decisions are decided not by the merits, but the money the parties are willing and/or can afford for litigation?

It is important that we understand the facts of life about 21st century American empire life, because it is only by acknowledging its reality that we as a society can exercise our freedom of conscience under the First Amendment to spiritually fight the evil that appears to be corrupting our judicial system.