Home Up Empire Strikes Back Reply to Suit Trial Delay Request Federal Appeal

"A New Door Can't Open Until an Old Door Is Closed"

 To Save Her Health and move in a more responsive Direction, Caryl Leventhal Leaves the Judicial Process and drops Appeal in Federal Court.  Attempts to warn elected officials of USDOJ INS "terrorist friendly" policies 

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In Spite of testimony in Caryl Leventhal's suit showing US Department of Justice Immigration and Naturalization Service mistreatment to silence this whistleblower at all costs by removing her from her position, liability could not be found on the limited bases in this type of suit. 

By way of Assistant US Attorney Eric B. Fisher, the US Department of Justice chose to cover up and continue in their terrorist friendly activities at the expense of the safety of America and its people.  This included the selling of Green Cards and issuing of visas without proper background checks.

It was determined that the brutal actions of USDOJ personnel to silence her whistleblowing activities through sadistic bigotry were not "protected" by existing law.  Ms. Leventhal went to federal court in order to expose the criminal and indolent behavior in the USDOJ INS that was placing America at risk of terrorism.  This included the large scale selling of Green Cards and processing of documents without proper investigation.  Unfortunately, Judge Shira Scheindlin didn't allow this testimony on the court record due to objections by Eric B. Fisher.  Mr. Fisher threw the safety of Americans to the wind in order to protect the US Department of Justice Immigration and naturalization service.  The next logical step is to file an appeal in federal court.

Contrary to what most of us have seen on television, a successful appeal can only be mounted if an attorney can demonstrate significant "PROCEDURAL" errors on the part of the judge.   This is an expensive and difficult task, even with the most experienced of Appeals lawyers.  It can also prove very stressful for someone like Caryl who has Multiple Sclerosis.  In addition, her five year battle for a good will apology has left her in a fragile state.  A recorded death threat from US Department of Justice personnel, inaction by USDOJ and even pre-trial intimidation from Alan R. Kaufman, Chief of the US Attorney's Office Criminal Division has caused her to live in constant fear for both her own life and that of her husband.

Ms. Leventhal determines that evidence of cruelty, on-site criminal behavior and terrorist friendly processing of incomplete paperwork in the Immigration and Naturalization Service is now part of depositions (but not trial testimony).  It is now time to seek help from a new administration.  Caryl's letter sent to her appeals lawyer requesting dismissal of her Appeal.

THE UNANSWERED QUESTIONS: Why did judge Shira Scheindlin keep from the jury and court record, evidence and testimony of the rampant terrorist friendly corruption Caryl Leventhal was attempting to stop (You can find it by going to the Sworn Deposition of Brenda Grant).

Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer."  (On January 6, 2004, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation."

Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism?  Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light?  Why are they working to place America at risk?

 

                                                                       January 10, 2001         

 

 

 

 

 

HERBERT MONTE LEVY, ESQ.

60 EAST 42nd STREET Suite 4210

NEW YORK, NEW YORK 10017

 

                                Re: Caryl Leventhal v. Janet Reno

Dear Mr. Levy,

My husband Michael has just informed me that the Federal Court of Appeals would like to schedule a meeting between our side and the US Attorney on January 24, 2001 for mediation and possible settlement.

As Michael wrote you in December 2000 ... to me, the election of George Bush as President means the washing away of the Janet Reno corruption in the US Department of Justice and a new slate for potential decency. With new and hopefully cleaner leadership in the US Department of Justice, I do not want legal action against Janet Reno dragged into this new administration.

At this time, I do not hold the incoming Attorney General responsible for the corruption and cover-up that caused my brutalization while employed by the Immigration & Naturalization Service. After battling corruption in INS 26 Federal Plaza in 1995-1996, I do not want them held party to the ensuing four year Administrative Complaint policy of obstruction, death threat and intimidation that has left me disabled.

As such, please accept this letter as my formal request for DISMISSAL OF MY APPEAL.

For years, I’ve told everyone who would listen that this matter need not go to federal court. I just wanted a statement that I was treated unfairly as a sign of good will. What I received were threats and terror in the hopes of shutting me up.

I am glad that the federal judicial process has ended. It is ill suited for securing justice of the kind I seek. It is a place where people of power and wealth fight with other people of power and wealth. It is a place where the US Attorney’s Office will expend incredible sums of money to silence an aggrieved citizen rather than attempt reconciliation. It is a place where people of ego and pride would prefer to crush, rather than be compassionate and just.

This is not my world. It is only one that can further degrade my health and increase my pain. I must be free of it to survive.

 

                                                            Sincerely,

 

                                                            Caryl Ball Leventhal

 

   

Motivated by health concerns and faith in new administration in Washington DC, letter requesting Cancellation of January 24, 2001 Mediation Hearings and Withdrawal of Ms. Leventhal's Federal Appeal sent to Eric B. Fisher, US Attorney.  

January 18, 2001         

 

Eric B. Fisher, Esq.
Assistant U. S. Attorney
100 Church Street
19th Floor
New York, New York 10007

Re Leventhal v. Reno

      Docket No. 00-6327



Dear Mr. Fisher:  

My client, Caryl B. Leventhal, Plaintiff-Appellant, has instructed me to withdraw the

pending appeal in this matter.

 

Accordingly, I enclose herewith a stipulation to such effect, being in the form used

by the Office of the Staff Counsel, Second Circuit. I should appreciate your executing

the enclosed stipulation, furnishing a copy to me, and sending the original to

Mr. Scardilli, Staff Counsel, Room 699, U. S. Courthouse 40 Foley Square,

New York, New York.

 

I am sending Mr. Scardilli a copy of this letter so that he will know that our meeting

presently scheduled for January 24, 2001 at 10:30 a.m. will not be held.

 

                                                                                       Very truly yours,

 

                                                                                       HERBERT MONTE LEVY   



Enclosure

cc: Frank Scardilli, Esq.
      Staff Counsel
      Caryl B. Leventhal

                

On to Washington... A terminally ill woman's battle to expose USDOJ corruption, bigotry and cover-up continues

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Commentary and Editor's Notes written and Copyright © by:  LTC Michael G. Leventhal

Copyright 2001  Reproduction with written permission.  Contact: Michael @Justice-Denied.net

For comments about this site, feel free to e-mail: Caryl@Justice-Denied.net