IN THE COURT OF APPEALS OF VIRGINIA: No. 0291-09-4
ISIDORO RODRIGUEZ v. VIRGINIA EMPLOYMENT COMMISSION
Due to the failure of this Court to act on his first motion dated March 30,
2009, Petitioner Isidoro Rodriguez ("Rodriguez"), pursuant to Court of Appeals of Virginia-Rules of Procedure Rule 5A:2, files
this his second motion with Exhibits 1 and 2 (See http://home.earthlink.net/~treason/), for the Court of Appeals to issue an order enjoining the Virginia Employment
Commission, the Fairfax County Circuit Court, and the Office of the Attorney General of the Commonwealth of Virginia ongoing
criminal conspiracy in violation of Va. Code §§ 2-481(5), 242, and 499, as well as 18 U.S.C. § 4, by their denying access
to impartial judicial review so to enforce the void order of the Virginia State Bar Disciplinary Board ("VSBDB"), depriving
Rodriguez of his federal statutory rights as a father, employment as an attorney and unemployment compensation. Furthermore,
the Court of Appeals must act to stop the harm to Rodriguez by ordering payment of all federal unemployment compensations
funds owed to him, which have been withheld by the VSBDB void order.
Exhibits 1 and 2 are Rodriguez’ Citizens Criminal Complaint for Treason and Obstruction of Justice by Misprision
of a Felony filed on July 4, 2009 with Virginia law enforcement directly relates to Rodriguez’ challenge to the Virginia
Employment Commission giving effect to the VSBDB void order depriving him of his federal right to unemployment compensation
Thus, the Criminal Complaint demands an investigation, arrest, indictment and prosecution of former Attorney General Bob
McDonnell, Chief Justice Leroy Rountree Hassell and other named government officials ("Bob McDonnell, et al."),1
for their on going acts of treason, misprision of the felony, obstructing justice and business conspiracy in violation of
Va. Code §§ 18.2-481(5), 2-482, and, 499, by:
First, concealing the felony of treason to usurp the power granted only to the General Assembly to establish inferior "courts"
under Art. VI, § 1, § 5, and § 7 of the Virginia Constitution, and to unlawful delegate judicial authority to the Virginia
State Bar Disciplinary Board ("VSBDB"), to establish it as a "kangaroo court" to control the independence of Virginia attorneys
(see, 2009 presentation to Northern VA Delegates, http://www.youtube.com/watch?v=VAkEfjcA5sQ); and,
Second, misprision of felony treason by obstructing justice to deny Rodriguez of the right to access to an impartial jury
trial and court under Art. 1 § 11 of the Virginia Constitution and Virginia Tort Claims Act, to cover-up the malfeasance of
the VSBDB and the courts violating Va. Code §§ 54.1-3910, 3915, and 3935, by issuing and enforcing a void order disbarring
me as a Virginia attorney (http://www.vsb.org/profguides/actions_jul06-dec06.html), based on two fraudulent bar complaints filed by the government and a former
client Beltway Lobbyist/Attorneys in retaliation for my petitioning the General Assembly (see http://www.liamsdad.org/others/isidoro.shtml), as well as for litigating against the criminal obstruction of my statutory
rights as a father under Va. UCCJEA and Treaty and damaging of my business, profession by depriving me of my perfected property
rights in my statutory Virginia Attorney’s Lien (see, http://home.earthlink.net/~isidoror)
Rodriguez respectfully does remind the court that the record before it in the instant action provides sufficient evidence
to support a finding of probable cause of a felony of a criminal conspiracy by government attorney and judges acting outside
of their authority in violation of Va. Code §§ 18.2-481(5), 2-482, and, 499, as well as 18 U.S.C. §§ 201, 241, 242, 1341,
1343, 1513, 1951, and 1962.
Consequently, the Judges of this Court as government officials having knowledge of this information must investigate and
do something about it-apart from not enforcing the VSBDB void order and ordering the release of federal unemployment
compensation benefits (i.e. advise both Virginia and Federal law enforcement as well as the Office of U.S. Attorney). To do
otherwise, the Judges of the Court will not only be in violation of Va. Code §§ 2-481(5), 242, and 499, but too 18 US Code
Section 4, Misprision of felony.
UNITED STATES CRIMINAL CODE SECTION INVOLVED 18 U.S.C. § 4, Misprision of felony--Whoever, having knowledge of the
actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known
the same to some judge or other person in civil or military authority under the United States, shall be fined under this title
or imprisoned not more than three years, or both.18 U.S.C. § 241 - Conspiracy against rights--states in relevant part, "[i]f
two or more persons conspire to injure . . . any person in any State . . . in the free exercise or enjoyment of any right
or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;
. . . They shall be fined under this title or imprisoned not more than ten years, or both . . . .18 U.S.C. § 242 - Deprivation
of rights under color of law, states in relevant part that, "[w]hoever, under color of any law, statute, ordinance, regulation,
or custom, willfully subjects any person in any State . . . to the deprivation of any rights, privileges, or immunities secured
or protected by the Constitution or laws of the United States, . . ., shall be fined under this title or imprisoned not more
than one year, or both . . . 18 U.S.C. § 1204 - International parental kidnapping.--(a) Whoever. . . retains a child (who
has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall
be fined under this title or imprisoned not more than 3 years, or both.18 U.S.C. § 1513. Retaliating against a witness, victim,
or an informant, states in relevant part, "(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to
any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement
officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined
under this title or imprisoned not more than 10 years, or both.
VIRGINIA CRIMINAL CODE SECTIONS INVOLVED
Va. Code § 18.2-481. Treason defined; how proved and punished. — Treason shall consist only in: . . . . (5) Resisting
the execution of the laws under color of its authority. Such treason,. . . , shall be punishable as a Class 2 felony.
Va. Code18.2-482. Misprision of treason., states that, "[i]f any person knowing of such treason shall not, as soon as may
be, give information thereof to the Governor, or some conservator of the peace, he shall be guilty of a Class 6 felony.
Virginia Code § 18.2-499. Combination to injure others in their reputation, trade, business or profession: right of employees.
(a) Any two or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of
wilfully and maliciously injuring another in his reputation, trade, business or profession by any means whatever, or for the
purpose of wilfully and maliciously compelling another to do or perform any act against his will, or preventing or hindering
another form doing or performing any lawful act, shall be jointly and severally guilty of a Class 3 misdemeanor. . . .
In retaliation for Rodriguez litigating and petitioning Congress and the General Assembly of Virginia to stop the violations
of his statutory rights as a father under Treaty and Va. Code, and rights as an independent attorney, DOJ took actions to
injure, stigmatize, and punish him by depriving him of his right to employment in violation of 18 U.S.C. §§ 242, 242, and
1513, as well as Va. Code VA. § 2-499.2
The record confirms that in furtherance of the above criminal enterprise Beltway Lobbyist/Attorney Eric Holder (now DOJ’s
Attorney General) ("Holder et al.), filed a fraudulent bar complaint with the VSBDB against Rodriguez for his litigating
to enforce his federal statutory rights as a father under the Treaty and Va. Code. The evidence confirms that VSBDB then illegally
usurped judicial authority to issue a void order to revoking his license in Virginia. Holder et al., also conspired
with Rodriguez’ former client to file a second fraudulent bar complaint to deprive him of his statutory property right
in his perfected statutory Virginia Attorney’s Lien on treasure trove.
Subsequently, the Judicial Branch compounded their criminal collusion with DOJ by summary dismissal all litigation based
on the evidence of malfeasance in obstructing of the rights of fathers and the issuance of the VSBDB void order which
was the linchpin of the criminal conspiracy --by the Judicial Branch declaring themselves and the Executive Branch "absolutely
immune" from criminal or tortious liability. See Rodriguez v. Hon. Leroy Rountree Hassell, et al., Va Sup
Ct. No. 081146, Fairfax Cir Ct. No. CL-2007-15396, Isidoro Rodriguez, Esq. v. Ed.-in-Chief, Legal Times, et al., DC
Ct. Of App. No. 07-5234 (Feldman, J.), and, Isidoro Rodriguez, Esq. and Isidoro Rodriguez-Hazbun v. NCMEC, et al.,
D.C. No. 03-0120 (Roberts, J.).
As part of the on going criminal conspiracy to enforce the VSBDB void order the Virginia Employment Commission and
the Judge Leslie Alden of the Hon. Judge Leslie Alden of the Fairfax County Court denied Rodriguez of his right to access
to impartial judicial review to deprive him of his federal right unemployment compensation. Thus, in violation of the Void
Order Doctrine in Virginia,3 they summarily found the VSBDB void order as valid and retroactively applied
the unauthorized action of the District of Columbia Court of Appeals Committee on Admissions in violation of D.C. Rule 46
on May 15, 2007-of failing to provide notice of his right to withdraw his waiver application or right to a hearing-to the
termination by De Novo based on the VSBDB void order.4
Thus, to date in retaliation for seeking to enforce his rights as a father under the Treaty and Va. Code and protect his
perfected property right in his Virginia Attorney’s Lien, Rodriguez has been denied access to an impartial court and
to a jury to challenge the malfeasance of the government’s issuance and enforcement of the VSBDB void order illegally
depriving him of his federal statutory rights as a father, right to employment as an attorney, and right to federal unemployment
compensation by both the VEC and Judge Alden refusing to comply with both federal and Virginia law.
History reports that Napoleon at his coronation took the imperial crown out of the hands of the Pope and crowned himself
King. However, neither Federal nor Virginia Judges have that prerogative–because it would be judicial fiat.
In sum, as Thomas Jefferson stated,
The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by
night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field
of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive
as the government from which we separated.
To prevent this, Va. Code 18.2-481(5), in relevant part, makes it a Class 2 felony to, "[resist] the execution of the laws
under color of its authority."
This was clearly an adoption of the holding in Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 264, 404 (1821), wherein
the United States Supreme Court stated:
The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We
cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must
decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than
to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we
would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform
our duty. (Emphasis added).
Because both the VEC and the Judge Alden denied access to an impartial hearing to challenge the VSBDB and D.C. Committee’s
void order, they acted under color of authority to resist the execution of the law in furtherance of the on going criminal
conspiracy and they are liable for the acts.5
The problem for the Republic and Virginia is that when judges act as common criminals, as in the instant case the entire
judiciary is held up to contempt.6
Consequently, because judicial fiat cannot be permitted to make a void order as a valid, this court must enjoin
the on going criminal conspiracy.7
As explained in United States v. Lee,106 U.S. 196, 220 (1882),
No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity.
All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It
is the only supreme power in our system of government, and every man who by accepting office participates in its functions
is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise
of the authority which it gives. (Emphasis added).
For the above reasons an injunction must be issued to the Virginia Employment Commission, the Fairfax County Court, and
the Office of the Attorney General to stop their on going participation in a criminal conspiracy based on the denial of access
to an impartial court and jury, and violations of the Void Order Doctrine, and order released of Rodriguez’ federal
unemployment compensation’s benefits illegally withheld since November 2006, based on the VSBDB void order.
Dated: July 24, 2009
Isidoro Rodriguez, Esquire