Tuesday, June 24, 2008
Office of Personnel Management
Chief Judge Social Security Administration Region X
Chief Judge Social Security Administration
Oregon State Bar-Disciplinary
Federal Bureau of Investigation
Tigard Oregon Police Department
Vancouver, Washington Police Department
Subject: Probable cause to believe that Dan R. Hyatt
has violated ORS 163.275, criminal coercion
Greetings:
I am the publisher of the Oregon State Bar Reporter, a
journal that lists all complaints against all members of the Oregon Bar. I have
been the publisher of this journal for approximately 10 years.
I also am an attorney at law and practice United States Administrative law
before US agencies in the states of California, Washington, Oregon and Idaho.
I have published many complaints by Oregon citizens regarding Oregon State
Bar member Dan R. Hyatt. Hyatt is currently employed as a hearing officer with
the US Social Security Administration in Washington State and Oregon. As such he
is a “public servant.”
I have been making motions as have my clients that Hyatt recuse himself from
cases because of his extra judicial bias. Hyatt stated over a year ago that he
had to decide if extra-judicial bias factors prevented him from hearing a case
where I am the attorney. He ruled that he could not and recused himself from the
Barry M. case. The contents of these
motions have come, in large part, from the
public records of the Oregon State Bar. Thereafter, Hyatt did not recuse himself
where I am the attorney although he continued to have this extra judicial bias
and already stated that he could not hear a case without deciding the case based
on the fact that I was the attorney rather than whether the claimant met the
requirements of the Social Security disability law.
When I was preparing to conduct a hearing on the Barry M. case in Vancouver
Washington at the federal building, Hyatt called me into an office used by the
US District Court Judge-Bankruptcy off of the main courtroom. Dan R. Hyatt told
me that if I removed all public records of him from my internet newspaper that
he would grant my motion to recuse him and would recuse himself from all further
cases where I am the attorney. He also
demanded that I write a letter to members
of the Oregon Bar regarding the public records of Hyatt on the internet and
cease in my newsgathering enterprises and reporting to the public on the
newspaper Oregon State Bar Reporter.
A few days later, Hyatt wrote to me and repeated his demand that I write the
letter and send it to several news sources in Oregon, Washington and Washington
DC to end my newsgathering and news reporting. He used US Government property, a
computer accessing. the internet email address of
Friday, July 4, 2008
To: Scott Morrill, Oregon State Bar
Dear Scott:
As it is getting difficult
to
keep all the criminal activity of Dan R. Hyatt straight, I shall refer to his
confirmed theft of
US
Government property and the subsequent possession of stolen US Government
property by Oregon Bar as Crime Segment One. (The crime has been confirmed as
the Chief Judge of the United States Social Security Administration demanded
that you return the CD that Dan R. Hyatt stole as it was against all regulation,
statute and law-copy attached) Therefore, I shall call that Dan R. Hyatt
Criminal Activity Number One.
Your letter of July 2, 2008 appears to be inquiring about Dan R. Hyatt’
criminal coercion, misuse of his government position, which (currently)
administrative law judge Hyatt used to get me to stop my lawful news gathering
and news publishing activities. I shall call that Dan R. Hyatt Criminal
Activity Number Two.
I enclosed multiple pages of evidence regarding proof of Dan R Hyatt’s
criminal activity at this time so as to meet your deadline. I will swiftly
provide you more over the next few days and weeks.
Any time break from the time of the commission of the crimes by Hyatt till my
complaint is because I sought legal advise.
As for the Federal Bureau of Investigation, Tigard Police, Vancouver Police
and Social Security Office of General Counsel, Merit System Protection Board and
Office of Personnel Management; I have informed them of Dan R. Hyatt Criminal
Activity Number One and Dan R. Hyatt Criminal Activity Number Two and it is
my estimate that there are investigations ongoing although I am not privy to
what these police and police power agencies do or don’t do. If you need their
addresses I will be pleased to provide them to you so that you can do your duty
and ask them the status of their investigation of your bar member Dan R. Hyatt.
Of course you do not need the finding of criminal activity by another
investigative agency to sanction or discipline a member of the Oregon Bar.
Let us examine the Neil Goldschmidt rape of a child example. There, the statute
of limitations had run on raping the child but the OSB had either disciplined
Goldschmidt or was about to before he resign and ran out of town. Likewise, you
can find that Dan R. Hyatt has violated your rules of professional conduct
without having a criminal conviction. (I again cite you to the William Jefferson
Clinton and Richard Nixon disbarments. Neither had been convicted but both were
disbarred by the New York, Arkansas bars and US Supreme Court.)
Oregon State Bar Reporter
Daniel A. Bernath, Editor
Regularly publishing on the internet at
www.OregonShyster.com
15532 SW 99W #101
Tigard, Oregon 97224
(503) 639 6666
ussyorktown@comcast.net
Friday, July 4, 2008
To: Scott:
You asked for the document referenced in paragraph two of my complaint
regarding the criminal coercion conduct of your bar member Dan R. Hyatt.
The relevant paragraphs read:
When I was preparing to conduct a hearing on the Barry M. case in Vancouver
Washington at the federal building, Hyatt called me into an office used by the
US District Court Judge-Bankruptcy off of the main courtroom. Dan R. Hyatt told
me that if I removed all public records of him from my internet newspaper that
he would grant my motion to recuse him and would recuse himself from all further
cases where I am the attorney.
He also demanded that I write a letter to members of the Oregon Bar regarding
the public records of Hyatt on the internet and cease in my newsgathering
enterprises and reporting to the public on the newspaper Oregon State Bar
Reporter.
A few days later, Hyatt wrote to me and repeated his demand that I write the
letter and send it to several news sources in Oregon, Washington and Washington
DC to end my newsgathering and news reporting. He used US Government property, a
computer accessing. the internet email address of
dan.r.hyatt@ssa.gov
as he made this demand.
Thereafter, his clerk, "Charlie", telephoned me to inquire as to a time and
date for a hearing for one of my social security disability claimants, Lawson F.
I said “great, which judge.” "Charlie", Hyatt’s clerk said to me on the US
Government telephone, “Judge Hyatt.” I said, “I don’t do Hyatt. He said he’d
recuse himself from any case where I’m the lawyer.”
"Charlie" said, “you haven’t taken down every mention of him on the
internet and he won’t recuse himself until you do. I can‘t schedule the
hearing.”
Upon reading the actual letter from Hyatt, it appears that his criminal
conduct now amounts to conspiracy and additional misuse of government
resources for his personal use as well as he has pulled two Social Security
employees into his reprehensible schemes.
He used "Charlie", his US Government scheduling clerk, to repeat his demand
that I stop my news publishing or he would violate his oath of office.
Earlier, he used a Social Security Court supervisor, XX, going to XX and
telling her to use her US Government computer and write me:
From: “X,X” <X.X@ssa.gov)
To:
ussyorktown@comcast.net
Subject: letter
Date: Thu, 24 Apr 2008 22:12:34 +0000
I left you a phone message regarding your conversation with Judge Hyatt
today. He is expecting the letter you said you would fax to him today
regarding what you mailed out yesterday to the lawyers, etc. That it was a
mistake and that you were sorry. Also, how many lawyers did you mail yesterday’s
letter to? Thanks”
(
copy attached, emphasis added)
I
am sure that XX had no knowledge of the criminal activity Dan R. Hyatt was up to
and was merely parroting the words that Hyatt gave to her. I have no doubt that
she believed it was merely some additional documents needed on a pending Social
Security case in the SSA Court (ODAR Office of Disability Adjudication and
Review)
Judge Hyatt also wrote me regarding this demand using his government computer
with the identification
dan.r.hyatt@ssa.gov and you can get it
from his computer or from the mainframe computer that Social Security operates.
As you can see, all emails and all internet surfing goes though the SSA.GOV
computer at Baltimore, Maryland so it is quite easy to get the Dan Hyatt email
to me demanding that I stop my news gathering.
Daniel A. Bernath
Daniel A. Bernath
Editor
After-meeting memorandum with meeting with Judge Dan R Hyatt, Vancouver
Federal Building, chambers of US District Court Judge at approximately 9:50 a.m.
to 10:00 a.m.
Hyatt heard me in the courtroom and came out wearing a white shirt and tie
and said, “Mr. Bernath, could I speak to you for a moment.”
I said, “sure” and I followed him into chambers.
Chambers consists of an office chair and a conference table in a T formation
so that several litigants and counsel can sit around and discuss things with a
judge behind his desk.
He pointed to a chair and I sat down in the second one from his desk on his
right side.
I folded my cane and put it on the table.
He said, “I want you to know that I’ve hired counsel to sue you for slander
for what you’ve written about me but I want to propose something to you.”
I said, “Ok”
Hyatt said, “if you agree to take down your website, every mention of my name
then I will recuse myself from this case and every other case where you are the
attorney. Is that agreeable?”
I said “ Can we have a memorandum from you that says that…that we have
irreconcilable differences and you won‘t ever ….?”
He said “No, but you have my word that I will never hear another case
where you are the attorney. I’ll do this; I’ll write on this file, “I have
irreconcilable differences with this attorney and recuse myself from this case
and I will write the same thing on each case where you are the attorney. OK?”
I said, “Yes.”
He said, “I’ve been getting anonymous phone calls to my house calling me a
racist. I’m not a racist. How can you say such a thing? My son married a Korean
woman. I‘m not a racist.”
I said, “I didn’t say that, other people said that. Did you call someone
“white trash” and tell them that you “had a problem with interracial couples”?”
Hyatt said, “Of COURSE NOT!”
I said, “Its in the official record at the Oregon State Bar…”
Hyatt, “and that was dismissed as having no basis in fact.”
Bernath, “no, it was dismissed because they said they had no jurisdiction.”
Hyatt, “I don’t want to get into that.”
Hyatt, “and then you wrote that letter saying that I was dodging taxes. I
have never dodged taxes. That was a low blow.”
Bernath, “that’s what I heard from someone in ODAR.”
Hyatt, “who?”
Bernath, “I’m not going to tell you, you’ll retaliate but you know where I
got that idea from?”
Hyatt, “where”
Bernath, “right there in that courtroom you said in front of my client, ‘you
were disbarred and that’s why you were a clerk at ODAR, that’s what I heard…’”
So, that’s what I heard, you were dodging taxes so I wrote the letter so they
could investigate.”
Hyatt, “your letters have upset some people at ODAR.”
Bernath “I’ll tell you what really got to me. When you ordered that I not get
paid on two cases. You had no right to do that…”
Hyatt “I don’t want to get into that. I also want you to send out a letter to
the 2,000 lawyers of Oregon.
Bernath, “OK.”
Hyatt, “I am sorry and it was a mistake.”
Bernath, “Ok”
Hyatt, “How can I know you really did it?”
Bernath, “If I do, I’ll send you a copy. Can I fax it to you at ODAR?”
Hyatt, “yes”
I’ve been a lawyer for 30 years and I don’t want people to think for a minute
that I’m not honest.”
Another thing, I don’t want you going around bragging and saying ‘I beat
Hyatt’ or “I got Hyatt.’”
Bernath, “I won’t say a word. When you’re name comes up I’ll be silent.”
I don’t live in the past and I don’t hold grudges. My wife says that I don’t
have a malicious bone in my body. What is in the past stays there. I’ve been a
lawyer for 25 years and been in some major battles. After they are all over we
just forget it and usually I’m friends with the other lawyer…like if you see him
on the street you say, “hey, let me buy you a beer’ or you say, ‘hey you really
kicked my ass with that motion, can you send me a copy…”
Hyatt: you and I will never be friends.”
Bernath; “that’s not my point. My point is, I don’t live in the past. This is
all behind us and I’ll never mention your name again.”
Hyatt: “Ok, get your client and lets go on the record.”
lets shake on it.”
I stand up rub my hand on my pant leg and my hand is sweaty and shake his
hand and say “thank you sailor.”
I got my client and told him roughly what had transpired. He was in
agreement.
When we got back into the courtroom Hyatt was seated and in his robe. He said
to claimant, “your attorney and I have irreconcilable differences (not exact
words) and it wouldn’t be fair to you to hold this hearing. Your case will be
put back into the general pool and reassigned to another judge. Do you
understand (or, do you agree?)”
Keenan Moss, nods head and says, “yeah.”
We leave the Federal Building, Vancouver Washington.
Administrative Law Judge
Dan R. Hyatt calls
claimant "White Trash" tells black and white couple that he
has "a problem
with interracial marriage." Eventually another judge hears the case
and they are granted Social Security Disability
Demand that Administrative Law Judge Dan Hyatt be suspended
pending results of investigation of theft of government property and
compromising of private social security numbers
Administrative Law Judge
Dan Hyatt cooks the evidence to
blackball consultative examiners who find that claimants are disabled; stops
claimant's lawyer from asking questions at hearings
Dan
Hyatt is misrepresenting that he is a United States District Court Judge
says complaint to Oregon State Bar 