Monday, June 6, 2016

$5 million dollar claim filed against the State of Arizona by disbarred attorney for malicious prosecution

June 6, 2016, Monday

Briana Hernandez, Press Contact 


Jeffrey Moffatt, an Arizona attorney who was disbarred inadvertently by Judge William J. O’Neil, the Arizona State Bar's disciplinary judge, has filed a $5 million dollar claim against the State of Arizona for malicious prosecution.

Moffatt argued that the matter O’Neil disbarred him for has already been adjudicated in another state, which found in Moffatt’s favor.

Additionally, Moffatt notes that federal law provides for federal court to have exclusive jurisdiction over the contested matter, since it involved multiple jurisdictions. 

Points of interest Moffatt argued within his $5 million claim:
  • O’Neil is required to uphold the state constitution of Arizona and the U.S. Constitution — yet it is impossible for O’Neil to uphold either the state constitution or U.S. Constitution, because O’Neil does not have a valid “oath of office.”  
  • The purported oath of office for O’Neil does not have his affixed signature, is not signed off on by an Arizona governor, nor even notarized.
Moffatt went on to say, "Since I am a federal attorney with a limited federal practice, exclusive jurisdiction belongs to the federal court, and specifically the U.S. Tax Court and U.S. Department of Treasury  not the State of Arizona's Supreme Court." 

According to Richard M. Re, Assistant Professor at the UCLA School of Law, from his law review article, Articles Promising the Constitution,
The Constitution requires that all … judges … swear or affirm their fidelity to it. The resulting practice often called “the oath" … And official defiance of the oath would violates the public’s trust, reliance and expectations … [T]he Oath equilibrates the power imbalance between officials and the public and so serves a paradigmatic promissory function.
Judge O’Neil’s failure to have a valid oath of office is exactly what Mr. Moffatt said is the beginning of our Founding Fathers turning over in their graves. He said, "We are witnessing our U.S. Constitution being trashed by the establishment, which is why presidential candidate Donald Trump is leading a political revolution, to take back our country  and so am I."


1 comment:

Anonymous said...

download and read pages 6-9 in DOJ complaint