–Ramola D/Posted 6/10/2019/Updated 6/11/2019
Following on the absurd finding of “mental incompetence” by Judge Mustafa Kasubhai in the case of Todd Giffen on May 23, 2019, reported here earlier, Dr. Seth Farber and this writer both wrote to his appointed defense attorney Lisa Ludwig, urging her to step forward to defend Todd adequately and file motions of appeal and reconsideration of his wrongfully-arrived at determination, and asking for her response. Which was not forthcoming, since Lisa Ludwig seems to have established a habit of refusal to acknowledge emails and phone calls, even from expert witness Dr. Seth Farber, whose testimonial at the court hearing she prevented from being aired and did not support.
Both letters are shared below, followed by excerpts from Todd’s own communications from Oregon’s Sheridan Jail on Corrlinks addressing the rather major factor of Lisa Ludwig’s lack of responsiveness and support in her supposed defense of Todd, much in line with the previous defense attorney Todd Bofferding’s words and actions against him, which got him fired for incompetence. Judge Mustafa prevented Todd from firing Lisa Ludwig, who asked to be released from the case at the end of the court hearing and was asked to stay on, apparently in name only since she informed Todd Giffen she would not be filing appeals and motions for dismissal to assist him. Judge Kasubhai added to this betrayal by informing Todd he could not file any motions of appeal himself.
Currently however it appears that appeals filed earlier at the 9th Circuit Court of Appeals have come through, after a long delay. From Todd, on the matter of appeals and the Writ of Mandamus he has filed:
“Typically an interlocutory appeal only takes 4 months, meaning by March or April we would have had a decision on the Dec 5th and Nov 5th orders. Todd Bofferding, Lisa Ludwig, and Judge Mustafa are all involved…. Now my appeals are finally being heard by Judge McShane- but he should have heard them back in December or January when I filed my own pro se appeals because Todd Bofferding, illegally, wouldn’t do it. The case law states an attorney cannot refuse to file an appeal when ordered by the client. Lisa Ludwig got involved in this by trying to get Mustafa to agree she didn’t have to file my appeals May 23. They love to delay and stall people filing appeals big time.”
The Nov 5th and December 5th hearings he refers to were those held shortly after his arrest when the US attorneys suggested he be evaluated for mental competency; these hearings and the background of Todd’s case were covered here earlier. It is important to note throughout that while the FBI, on US Capitol Police intimations arrested Todd last November on charges of “interstate threats and communications” in emails sent last July and August to US Senators, the language in those emails while carrying graphic imagery do not extend threats of violence as mis-characterized by the FBI in their warrant, but promise retribution via a jury trial culminating in an imagined death penalty for their inaction (Senators Wyden and Defazio) in the face of repeated appeals for help while he was being abused as a vulnerable person and non-consensual experimentee with radiation weapons, DEWs, and mind invasion neuroweaponry. That Todd is not in any way violent nor likely to be has been repeatedly stressed by his long time psychologist, Dr. Seth Farber.
Todd notes that all the attorneys assigned to him have been failing him one by one, starting with Kimberly Seymour, then Todd Bofferding, now Lisa Ludwig:
“So I originally ordered Todd Bofferding and Kimberly Seymour to file my appeals back in Nov, and Dec 5th. Todd Bofferding refused a direct order to file my appeals. (The case of) Sandoval-Lopez says an attorney cannot do that, or if they do, client is allowed to file pro se late. So Judge Mustafa refused to let me file mine–that’s why I had to go do a Writ of Mandamus.”
“The court of appeals told me to file a Writ of Mandamus. When I told Mustafa about what the appeals court said and (brought up) the case law (in court), he tried to cover up his wrong by lying in court saying he had no idea he received appeals. But Kelly luckily recorded his clerks on the phone saying they received the notice of appeals, and they were sent to Mustafa for review. He filed them way late in April. But why the appeals were really late is: Todd Bofferding was supposed to do it within 14 days or so of the judge’s decision Dec 5th and he knew that.”
Regarding Lisa Ludwig’s refusal to file appeals, Todd points out these are illegal abuses and defense counsel is required to file appeals: “On the record May 23, both she and Judge Mustafa said “there will be no appeals.'” But the US Supreme Court ruled long ago defense counsel was banned from refusing to file appeals and had to consult with clients to ask if they wanted an appeal done, and in cases where an appeal is prudent, mandatorily had to do it even without consulting with client.”
Having learned through Kelly Wallace’s investigative reportage that Judge Michael McShane oversees Judge Mustafa, this writer sent on to Judge McShane the complaint sent originally to the Oregon Commission about the blatant violations of judicial process in the competency court hearing, also included below. Dr. Seth Farber sent a letter as well at the same time protesting the violations of judicial process by Judge Kasubhai and attorney Lisa Ludwig at the May 23 hearing to Judge McShane, also included below. Todd has sent on to Judge McShane objections to the magistrate’s findings as well asking that Dr. Cynthia Low’s questionable evaluation be struck from the record, that he be evaluated by psychologists of his own choosing, provided medical care for his infections, and be released from custody immediately.
Excerpt: “The government has already covered up my health, inflicted injuries, denied me medical care for over 6 months, and this will continue.
6. The Due Process liberty standard under O’Connor v Donaldson requiring something more than just mental illness, such as dangerousness for commitment should prevail to protect citizens from slaughter in psychiatric facilities.
As Judge McShane is handling the review of the Nov and December orders now, and I want all other orders reviewed by Mustafa, he should nix the in-custody competency evaluation, thus nixing Cynthia Low’s report, and make proper findings that an outpatient examination should be ordered, and I should be released from custody immediately.”
Letter from Dr. Seth Farber Sent By Email to Lisa Ludwig, Todd Giffen’s appointed attorney, after the May 23, 2019 Mental Competency Hearing
5/26/2019 at 2:40 AM
Seth Farber, PhD
NYC
Dear Ms. Ludwig,
It seems to me that your negligence in Todd Giffen’s case has been so egregious as to constitute malpractice.
I do not know whether the law states only forensic psychologists/psychiatrists can give opinion on defendants’ “competence.” (Rule 72 does not state that.) Jim Gottstein, Esq., a renowned lawyer in his own field (https://en.wikipedia.org/wiki/James_Gottstein), did not think it did. Todd Giffen said it was an abuse of judicial discretion.
But the government attorney claimed that only forensic psychologists can assess competence and the judge did not permit either Ron Unger or myself to give an opinion as to Todd’s competence. If you knew this to be the case what was the point of our testimony?The only expert opinion that the Court heard was Dr. Low’s—and thus the judge had to base his ruling on her opinion.I had no idea I would not be permitted to say Todd was competent. It was your responsibility to find Todd a forensic psychologist who could give the judge another opinion. But you made no effort to do that. This is negligence.
If the judge was wrong and expert witnesses do not need certification in “forensics” to assess competence, why did you not object ? I checked with Todd–you did not object once..So Ms. Ludwig, either way you failed to represent Todd adequately. Either you should have gotten a forensic psychologist for Todd, or you should have repeatedly objected to the judge’s refusal to allow Mr Unger or me to opine on Todd’s competency.
Your own negligence was also evinced in the fact that I was given 10 minutes by you and Dr. Low spoke for over an hour.
It is ludicrous that a defendant who is a high-school dropout who knows the law better than many lawyers,who did not miss one word spoken in the Court, who submitted numerous motions to the Court and wrote his own habeus corpus petition, who probably has an IQ well over 135, is considered incompetent to understand the charges against him! This was an easy battle for you to win–had you cared, Ms. Ludwig. It seems like you don’t give a damn.
Clearly Dr. Low’s prejudice against the defendant, either for his “extreme” political views or his “mental disability,” prevented her from giving an objective assessment of Todd’s competence! And since you represented Mr. Ivers in 2018, you know a defendant can be “delusional” and competent.
Had you given me time I would have explained that to the Court. In NY that principle is codified in Rivers v. Katz.
Now you refuse to do anything more for Todd, even though the judge instructed you to comply with his requests. You should have filed on last Friday a motion for review by District Court judge and a motion for reconsideration. Please do it Monday. You should get Todd an expert witness who is allowed to testify on his competence.
Dr Peter Breggin is the only witness with forensic credentials who can explain to the Court why Dr. Low’s evaluation lacks scientific validity. This is necessary since she has misled and confused the Court,.
Please do your job or Todd’s supporters will be forced to take other legal measures.
Sincerely
Seth Farber, PhD
Letter from Ramola D Sent By Email to Lisa Ludwig, Todd Giffen’s appointed attorney, after the May 23, 2019 Mental Competency Hearing
Todd requires counsel to act on his behalf
From Ramola D <ramolad@hushmail.com>
To Lisa Ludwig <lisa@l2r2law.com>
Sent Saturday, May 25, 2019 at 12:52 PM
Dear Lisa Ludwig,
Like everyone else I am pretty horrified at the judge’s ruling that Todd Giffen is in his view mentally incompetent, and needs to be restored to competency.
Dr. Farber has reported that his evaluation and testimonial as to Todd’s competency and intellectual acumen was neither permitted nor accepted, his one remark regarding Todd being competent was objected to and struck off the record, with his defense counsel not objecting to this objection and strike-off.
It is also clear that Dr. Low’s faulty evaluation was the one that was let stand.
The situation points to malpractice on the part of many players, including the judge.
Todd’s counsel is required to speak and act on his behalf, to help him establish mental competency — which none of us can see as being in any doubt — in order to move forward to a jury trial where he can defend himself suitably.
I ask therefore that you kindly file motion for reconsideration of this judge’s wrongful decision immediately, so that it can be properly appealed. Anything less will comprise an abandonment of Todd’s defense, in my view.
In the past, when I have emailed you my Investigative Reporter’s Statement for Todd Giffen and my Declaration by Ramola D in Support of Mental Competence of Todd Giffen, you have neither acknowledged my emails nor affirmed that my statements and declaration were filed in the court and provided to the judge. You have also prevented me from testifying in court at this hearing, although your PI Maraed Walsh asked me to testify on Todd’s request and I agreed.
I request that you kindly acknowledge this email and let me know immediately your response to this urgent request to stand up for Todd, to truly act as his defense lawyer, to act for him and to appeal this reckless ruling by Judge Mustafa with its train of dire consequences impending.
I understand there is high urgency in terms of when this motion should be filed, and when immediate arrangements are made to ensure adequate evaluation, hopefully by Dr. Breggin, that can be used in court, so please let me know immediately your response.
Thanks very much.
Sincerely,
Ramola D
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Ramola D
Investigative Sci-Tech Journalist | Writer | Poet | Educator | Activist
Editor & Publisher, The Everyday Concerned Citizen
Reporter, Ramola D Reports on Youtube, Vimeo, Bitchute
Twitter: @EccEveryday
Facebook: Ramola Dharmaraj
Complaint (by Ramola D) about Federal District Court Judge Mustafa Kasubhai: Violations of Judicial Process in the May 23, 2019 Hearing and Faulty Ruling of Mental Incompetence of Todd Giffen
Date: June 3, 2019
Dear Judge McShane:
I submitted the following complaint to the Commission on Judicial Fitness and Disability last week but was advised it is not within their jurisdiction to attend to matters concerning federal district court judges, so on the advice of a friend who called in to your offices on Friday, suggesting you are the right person to send this to, I am sending this complaint to you, to apprise you of this matter, which is an urgent and extremely important matter regarding wrongful judgement in the case of Todd Giffen, whose case I have been reporting on as an investigative journalist since I learned of his arrest, some months ago—and requesting that you take immediate action to stop this wrongful judgment from going forward. Great harm may be done by the US District Court system, unwittingly, to Todd Giffen if this matter is not attended to immediately. I will send as well my Declaration in Support of Mental Competency of Todd Giffen and Investigative Reporter Statement for Todd Giffen, for your review.
Complaint sent to judicial.fitness@oregon.gov,
Thursday, May 30, 2019 at 3:27 PM
My name is Ramola D/Dharmaraj…witness to Todd Giffen, Case Number 6:18-mj-236-MK and this is about his court hearing on May 23, 2019 where Judge Mustafa Kasubhai of Eugene, Oregon in the Federal District Court declared him mentally incompetent after a prejudiced hearing.
This is the gist of my complaint:
Judge Kasubhai has violated basic judicial process in the case of Todd Giffen by prematurely naming him mentally incompetent after a highly prejudiced and one-sided court hearing on May 23, 2019:
1) by, in court, not permitting Dr. Seth Farber, Todd Giffen’s psychologist who has spoken often to Todd and evaluated him before, to present evidence or discussion and analysis on Todd Giffen’s mental competency;
2) by, in court, sustaining an objection from the prosecutors on Dr. Farber’s own voiced assessment of clear mental competency, and in fact striking from the record Dr. Farber’s comment implying that Todd is mentally competent;
3) by, in court, giving Dr. Farber, Todd’s expert witness only 10 minutes to speak while the court-assigned psychologist was given 90 minutes;
4) by, in court, not including the evidence sent to him in an Investigative Report and in a Declaration by Investigative Science and Technology Reporter and Journalist Ramola D/Dharmaraj who has covered the subject of non-consensual government experimentation with anti-personnel radiation weaponry and neuro-monitoring neurotechnology for several years, a matter acutely relevant to Todd’s case since he claims being subject to same, a matter quite plausible given the historic and whistleblowing evidence of these technologies currently being tested on Americans, as per declassified documents, the words of military and University scientists, patents, and other reports;
5) without, earlier, first giving him a proper chance to be evaluated by his own clinical psychologist for many years but assigning a random psychologist Dr. Cynthia Low to examine him, which she did over a scant two hours, making use of previous records to write a report that is faulty in its conclusions, based as it is on inadequate information;
6) by, in court, suddenly making it a requirement that the examining psychologist needs to be “forensic” — an unheard-of requirement, never before aired in any other court case; On this matter, the fully mentally competent Todd Giffen writes:
“My attorney was not thorough or prepared for a competency hearing May 23, 2019. She did not hire a forensic psychologist or psychiatrist to do an evaluation, get a report, and have the forensic doctor testify, for my defense.
The attorney and Judge did not notify me, or my expert witnesses, that a forensic doctor was required to testify on competency.
The attorney was given a list of my expert witnesses. Dr. Peter Breggin is a forensic psychiatrist, who is willing to testify and evaluate me, if he gets paid for his time. He told the attorney he was not available on May 23rd, but another date would be ok.”
7) by failing to ensure that the defendant, who is too poor to afford his own counsel, and is a reporting victim of much past abuse at the hands of police, hospital staff at Oregon State Hospital, and covered agencies of the government, was provided competent counsel: Lisa Ludwig has established she is not competent counsel, has failed to call Todd’s witnesses over two months, failed to ensure proper psychological evaluation, failed to provide him medical help when he needed it, and failed to abide by the judge’s ruling May 1 to get Todd the medical help he needed and a letter for the Marshalls to ensure it, and failed to communicate either with Todd or his supporters in a timely way. (Further, in court on May 23, this lawyer, Lisa Ludwig has stated she will not file motions to appeal or reconsider the judge’s decision, showing she and the judge are working similarly against the best interests of this defendant, who is therefore being discriminated against intensely by the court.)
In a letter, Todd Giffen writes:
“My attorney neglected my legal rights, causing vulnerable persons’ abuse and prejudice to my rights.
▪Main Case Law: United States v Gillenwater, 717 F.3d 1070, 1080 – states that a defendant must speak up if his lawyer or judge is abusing him, otherwise he loses the right to call witnesses or testify.
▪Under “18 USC 4247(d).” Under 4247(d) it says, “you shall be represented by counsel (it is not optional), shall be afforded opportunity to testify, subpoena and call witnesses, cross examine, and present evidence by proffer or otherwise.”
▪Case Law United States v. Sandoval-Lopez 409 F.3d 1193. The case law states “a defense counsel cannot refuse to file an appeal, reconsideration, or objections to magistrates’ findings” at order of their client, and they must file these things when it seems prudent to do so even if the client does not order it be done. If the attorney refuses to do it or failed to, the defendant may file pro se, against the attorney’s will, and even file late because it was the attorney’s job to do it. It is always ineffective assistance of counsel for an attorney to refuse to appeal, or to fail to when it was prudent to.
I have a right to object the Judges’ decision and file an appeal and other motions for reconsideration. The attorney told the Judge, she is not willing to file my appeal or motions as her obligation.”
8) by then ordering that the defendant could not any further file his motions pro se, or send his motions for others to file, the judge has effectively tied him unlawfully to incompetent counsel, a fraudulent ruling based on judicious malpractice, wrongful actions to exclude important expert witness testimonial, and cut off all avenues for him to appeal any of this himself.
9) by earlier seeming to work with the incompetent counsel to ask for case law to deem an articulate defendant incompetent: Todd Giffen writes:
“March 20, 2019 the Judge stated at the hearing, and on transcript record, that I was intelligent and can communicate effectively.
May 1, 2019, the Judge said my thoughts were focused and I was communicating well, and that the attorney for the government better have a good reason to show on May 23, that I was incompetent. He told the government attorney that they need a case law on an articulate person who was found incompetent. Why would the judge try to help the government attorney on case law and tell them what they need, to find me incompetent?
I believe the case has been one sided, which is illegal. The Judge is being unlawful and violating my civil rights. The statements by the Judge, about my intelligence and in communicating, clearly shows that he knows I’m competent and fit to stand trial.”
As a consequence, Todd Giffen, perfectly mentally competent–which requires awareness of legal and court procedures, and cognizance and assistance in one’s own defense, which he has demonstrated daily at expert-level throughout his incarceration–has been wrongfully and fraudulently named mentally incompetent by the irresponsible words and actions of this judge, and is in danger of being wrongfully psychiatrically committed and force-drugged for 4 months, all of which are both fraudulent and great crimes against humanity.
The faulty rulings of this judge in violation of basic judicial process and in encroachment and discrimination of the defendant’s basic rights to an unprejudiced hearing should be condemned and rescinded and this judge removed from the Bench. A fair hearing should be set up in its place, with Dr. Farber, Todd’s chief witness, being permitted to fully speak his mind and share his knowledge on Todd’s Mental Competency to stand trial, which he stands ready to do, with a new Judge, one who does not exhibit incompetence and prejudice, and with, if needed, a forensic psychologist whom Todd GIffen approves, Dr. Peter Breggin, who has already indicated he will testify if given enough lead time for court, and with new counsel who can indeed be expected to act on the defendant’s behalf properly.
It is a crime against humanity to name a mentally competent person incompetent, and thereby remove his civil and human rights and force him into a mental institution and fill him up with deadly neurotoxic drugs. It is lack of discernment and judgment to permit incompetent counsel like Lisa Ludwig to act as defense in any case when her failings are glaring and she has been complained about before by the defendant. This judge should be removed and this ruling dissolved immediately.
Thank you for your attention and do not fail to approach me for further information. My contact information is below. I enclose the Declaration I submitted to the judge for this hearing, which supports the information Todd Giffen is reporting; kindly be aware that as an investigative journalist, what I am researching and reporting overrides the faulty speculations of Dr. Cynthia Low, the court psychologist, of non-consensual government neuro-experimentation (this being the right terminology, not “Govt mind control” as prosecuting attorneys labeled it) being factual truth as we have it currently, from military insider sources, cited in my Declaration, and that therefore people reporting it, including Todd Giffen, cannot be deemed “delusional” as she suggests when they do; these are people who should be helped and supported, and not victimized further with faulty mental health assessments and destructive judgements.
Sincerely,
Ramola D
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Ramola D
Investigative Sci-Tech Journalist | Writer | Poet | Educator | Activist
Editor & Publisher, The Everyday Concerned Citizen
Ramola D Reports on Youtube, Vimeo, Bitchute
Twitter: @EccEveryday
Facebook: Ramola Dharmaraj
Letter from Dr. Seth Farber to Judge McShane on Todd Giffen’s Mental Competency Hearing with Judge Kasubhai
Seth Farber, Ph.D.
http://www.sethHfarber.com
June 2, 2019
To the Honorable Judge McShane,
I am writing to urge you to review REVIEW AND RECOMMENDATIONS,May 28, 2019 Re Todd Giffen, Case No.: 6:18-mj-00236-MK by Judge Kasubhai. I testified at Mr Giffen’s competency hearing. I was misled by Ms. Ludwig and told I’d be qualified as an expert witness.
I received my doctorate in psychology from the California Institute of Integral Studies in 1984. I have had 5 books published, and numerous articles and I am an editor of the scholarly journal, The Journal of Mind and Behavior. I have practiced psychotherapy for over 30 years.
I think the document, REVIEW AND RECOMMENDATIONS, May 28, 2019 Re Todd Giffen, Case No.: 6:18-mj-00236-MK by Judge Kasubhai, validates the claim I made in my letter (enclosed) to Mr Giffen’s lawyer, Lisa Ludwig: Todd Giffen was discouraged from procuring a mental health professional recognized as an expert by the Court to testify that he was competent.
In fact, Todd Giffen was deceived, wittingly or unwittingly, by his lawyer — and by Judge Kasubhai? He was told by Ms. Ludwig (as I was told) that the Court would recognize his psychotherapist (me) and Ron Unger, LCSW (a psychotherapist of Todd’s 4 years ago) as experts and would take our testimony into consideration.
The fact that Ron Unger and I were allowed to testify but not allowed to state an opinion as to Todd’s competency and the fact that neither of us was even mentioned in the Judge’s recommendations while Dr. Low’s report was taken as gospel means that Todd was denied his constitutional right to call expert witnesses.
Had he been told that my testimony and Mr. Unger’s testimony would be discounted by the Court (because we were not “forensic” psychologists), he would have demanded his right to be examined by an expert who would be recognized by the Court. But he was told and I was told the opposite by Ms. Ludwig who implied the judge had made the decision to recognize me as expert despite the Government’s objection.
I have testified over 40 times in Court in NY as a qualified expert witness. In most of those cases I spoke in opposition to a report by a Court-appointed psychologist recognized as an expert who concluded the respondent had “mental illness” that allegedly made him “incompetent” to be a parent. In none of those occasions were
the experts credentialled in “forensic psychology.”
It was and is my opinion after reading her report that Dr. Low was so biased against the defendant that she was unable to objectively assess his competency. I believe she was biased against Todd because of his “extremist” political views and because of his putative mental illness. The best way to determine whether Mr. Giffen understood the charges against him and the consequences would have been to ask him. This was never done. Nor was an effort made to assess his intellectual abilities.
Instead, Dr Low wrote page after page about his unstable childhood and his misdeeds as a troubled youth. This material is prejudicial and not probative. What does his troubled youth have to do with his competency now? Nor did Dr. Low even look at the motions Tod filed or his Habeus Corpus petition he wrote (without assistance) — that gives some idea of whether he has the capacity to understand the charges against him. These materials evince a person of far-above average intelligence who far surpasses the minimum requirement for competence. (This issue is independent of whether Mr Giffen is “delusional.” I have testified for several clients who were “delusional” and competent. As US vs. Ivers indicates, the Court recognizes they are not the same.)
Todd was examined only by Dr. Low. He was misled into believing that Mr.Unger and I would be permitted to present our opinions. Once he was told the Court would allow us to testify in Court, he assumed our testimony would have some weight, as did we. We are not even mentioned in the document written by Judge Kasubhai. We were all misled. Had Todd known our testimony was purely for show, he would have demanded the right to be examined by a “forensic psychologist” of his own choosing. I have no doubt that an unbiased psychologist would have found Todd competent.
Sincerely,
Seth Farber, Ph.D.
RELATED:
Petition by Kelly Wallace Seeking the Release of Todd Giffen with 293 signatories
Investigative Reporter Statement by Ramola D for Todd Giffen
Declaration by Ramola D in Support of Mental Competence of Todd Giffen
