Did the Ninth Circuit depart from the fourth, accepted and usual course of judicial proceeding when it ruled that clear and convincing evidence (in the form of trial transcripts of outrageous prosecutorial misconduct (in the form of substantially material fabricated false evidence) did not make a substantial showing of a denial of a constitutional right" that it calls for an exercise of the Court's supervisory power in that the Court must once again affirm the principles of NAPUE V ILLINOIS, 360 U.S 264; MOONEY V. HOLOKAN, 294 U.S. 103; ALCORTA V. TEXAS, 355 U.S. 28; PYLE 317 U.S. 215 B 473 US. 667; STICKLER V. GREENE, 527 U.S. 263; inter alia.

Whether the Judiciary Act of 1789 and the inherent authority of federal courts to control their own proceedings sanctions a federal court's dismissal of a case based on the court's disagreement with the foreign policy positions of the United States government