Category: Legal Commentary

bookmark_borderHam Sandwich Indictments

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As I’ve been stating since 2021 when I started this blog, it is an objective statement of fact that a “good” prosecutor can get a grand jury to indict a ham sandwich. The term was coined by a Judge in 1985. My case proves that correct, but the current indictment against Comey is a concrete example of this fact.

The problem with grand juries is that the process is flawed. It’s supposed to be made up of skeptical members of the society (your peers). But it is often made up of partisan hacks, highly sympathetic and deferential to the prosecutor as a trustworthy person who wouldn’t lie to them. Unfortunately, many prosecutors (like Keith A. Becker) are not trustworthy people.

As one former prosecutor put it; “I became a prosecutor because I don’t like bullies. I stopped being a prosecutor because I don’t like bullies.” – I concur…

bookmark_borderIndisputable Evidence of Parallel Construction

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As explained almost two years ago, Parallel Construction was used to prosecute me. “My experts” made numerous false claims about the NIT, which I’ve discussed many times before, but here are some new lies I’ve recently discovered thanks to recent documents I’ve received from the public defender’s office.

Ashley’s 2016 report (while much more accurate than her perjurious 2015 report) contains new deliberate lies. The one I’d like to discuss now is in Section 2.6 of her 2016 report, where she lies: “… the cornhusker log indicates that [the] DNS request was made via the proxy server and that data was not logged in this case.” Also remember that they refused to answer the simple question about the huge time gaps. My experts were PH.d holders or candidates at the time these reports were written and are today considered to be experts in their field, so the idea that they didn’t know that statement was a lie is preposterous, Because:

Flash could not make any connections (DNS or TCP/IP) through the proxy server! (In this case TOR). Worse, the time gaps are too long. How they claim the NIT worked “in my case” was that gallery.php was loaded in a hidden iframe located on a TB2’s html pages (in my case index.html and 1481.html). As I explained previously, that scheme intentionally scrubs the actual referring page from the fabricated “Visitors” table. Anyway, while gallery.php is making those bogus entries into the visitors table, it is also sending the browser javascript to load gallery.swf (the Flash App). The browser then loads Flash Player to execute gallery.swf. Flash Player ignores the browsers proxy settings and instead uses the OS networking stack (in my case Ubuntu 12.04LTS). Default DNS timeout settings were 10 seconds for each server or 20 seconds total, so that means the 39 & 63 seconds delays were impossible!

Even worse, the FBI forensic report for my Ubuntu machines clearly states that Adama’s home was unencrypted and its account was locked in the shadows file, while the other two accounts had encrypted home and unlocked shadow file entries. What does that mean? My Ubuntu Machine was Hacked or Tampered with… as the only way to lock an account is to be root (or have sudo) and type in a command in a terminal to lock the account.

That’s why no defense expert actually examined the machine, it would have been obvious that someone (FBI?) had tampered with the machine.

bookmark_borderI need more…

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So I got this in the mail yesterday from Jeff Ciccone AFPD:

I am in receipt of your most recent letter dated September 16, 2025, inquiring about records relating to your prior federal case. Specifically, you asked whether I redacted code from an e-mail or if that code was already redacted. You also asked me to confirm that other e-mails were deleted by your prior attorney. I can tel you that I did not redact code or delete any emails. My previous letter to you contained all of the documents in the Federal Public Defender’s Office’s file that were responsive to your original request.

There are missing e-mails, the most crucial ones are from July 30, 2015 to December 2015. I mean it’s clear several emails are missing from the chain I posted. I think the times are messed up because the two lawyers were in different time zones. Steven’s in EST, and Joe is an hour behind him in CST. So I think the first email on the pages was actually received at the time indicated EST, but Joe sent it at 2:53pm. That’s the only way it makes sense for him to meet with the Judge and be back at 4pm CST, 5pm EST…

So the first e-mail in this chain is actually the last e-mail on the two pages. Joe sent it to Steven @ 2:08pm CST (which was 3:08 EST). Steven then replied to that message @ 2:11pm CST and then the last message in this chain occurred at 2:53 CST.

So, the subject of the first message (confirmed by the absence of RE:) is “Petition to Plead Guilty”. As I pointed out yesterday, Joe didn’t have permission to negotiate any plea deal and he alludes to this fact in the contents of this first missive. Joe also attached a pdf of the petition, that Steven deleted (see bottom of missive). Note that Joe is replying to an unasked question by begining with: I have not yet received the Plea Agreement. I suppose any time now, but in our district we must also file a Petition to Enter a Plea of Guilty. This trend of answering unasked questions will continue in this chain…

At 2:11 CST (or after having the petition for 3 minutes) Steven replies “It looks good … I’ll conference you in when he gets here”. My recollection of the events of that day contradict this narrative as I remember Steven e-mailed me around 4pm EST asking if I’d come to his office to discuss the case at 5pm EST, so he couldn’t have anticipated my 5pm arrival at 3:11pm EST… The last e-mail in this chain occurs 42 minutes later and we are clearly missing some communications between Steven & Joe; because, Joe answers an unasked question from Steven, “I have heard nothing…” and then asks Steven a question and he deleted his reply or answered Joe by phone…

One thing I noticed – during this ordeal – is that when lawyers are doing something illegal or unethical, they always do it verbally, either in person or on the phone…

bookmark_borderI Knew it… Two

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I knew everything about the case against me was fraudulent; But, when your experts are conspiring with the prosecution, there is simply no way for you not to get railroaded. Note how I complained to Steven below about what I suspected happened (and now in 2025 know for a fact occurred):

June-26-2015

It you look on page 8 of the shills 2016 report you’ll see that the scenario above is mentioned for the first time in Section 2.7 # 2. They lied again when they claimed to have found no evidence that, that occurred. This is a lie because Figures 3, 4 & 5 (in their 2016 report) clearly shows the FBI code is intentionally scrubbing the actual referring page… The only reason to scrub the referring page is to hide its actual identity and the only reason to do that is to hide the fact that the FBI was literally “iframing” people for visiting TB2.

bookmark_borderThis is so bad…

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So in 2022 I tried to get the shills to answer questions. They refused and do not inform me of their 2016 report that contradicts their 2015 report. I do not find their 2016 report until 2023… So now I’ve proven that the shills were a part of Becker’s Conspiracy.

Now, I know that my lawyers were also a part of that conspiracy (instead of being confused by the shills lies). Their role included proffering the shills nonsense (that just confirmed the government’s lies) to the Court and coercing me to accept a conditional plea. Here are the events that lead up to my railroading: 

July 29, 2015: I view the evidence book with my Attorney, Mr. Howard and his “expert”, Mr. Kasel. I’m not impressed and order Mr. Howard to prepare for the Daubert hearing and trial. (If I won the Daubert hearing the case was over, if I lost the hearing we would proceed to trial, both scheduled for August 3, 2015.) I fly back to Rochester that evening and return to work the next day.

July 30, 2015 (8am to 4pm): Mr. Howard e-mails me all day, trying to get me to agree to allow him to negotiate a plea I’d enter into if we lost the Daubert hearing on August 3, 2015. I repeatedly order Mr. Howard to prepare for trial and that he did not have permission to negotiate any plea deal. He then tries to call me on the phone, I refuse to answer.

July 30, 2015 (4pm to 6pm): A little after 4pm, Mr. Slawinski e-mails me and asks if I would come to his office, I agree. Once there I’m ambushed by him, Mr. Howard and Mr. Gross to accept a “conditional plea” deal, that none of them had permission to negotiate. They coerce me into agreeing to the conditional plea by convincing me that it was like a “Nolo contendere” plea, when they knew that it wasn’t.

Now this recently disclosed passage from a previously posted e-mail chain confirms their participation in Becker’s conspiracy:

“I don’t want to drop it on him without one of us there… If he is in your presence, I think we may have more influence on him, and I think he needs the in person encouragement and advice.”

So he admits he will be “dropping” the plea agreement on me. That confirms he knows that I don’t know that it’s coming (because I repeatedly told him to prepare for trial). In the second sentence Howard admits he coerced me to take the plea because he knew I would reject the agreement unless they “encouraged” me to take it.

bookmark_borderGoogle AI Thinks Joe Howard is Guilty

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Google’s AI says: An attorney who ignores a client’s demand to prepare for trial and instead negotiates a conditional plea agreement violates several American Bar Association (ABA) Model Rules of Professional Conduct. The core violations stem from disregarding the client’s authority over the objectives of the representation, failing to communicate adequately, and failing to act with reasonable diligence.

Google’s AI also says: A defense attorney who allows a defense expert to lie in a report to the court violates several ABA Model Rules of Professional Conduct, primarily Rule 3.3: Candor Toward the Tribunal. This rule prohibits knowingly offering false evidence and requires lawyers to take reasonable remedial measures, including disclosure to the court, upon discovering false evidence. The attorney also violates the general prohibition against dishonesty and misrepresentation, as well as the obligation to represent their client competently and diligently without engaging in fraudulent conduct.

Joe Howard is in possession of e-mails (or should be) from July 30, 2015 that tell him in no uncertain terms that he was not to negotiate a plea deal and instead prepare for trial (As the previous Post’s PDF alludes too).

I’m in possession of documents that prove Joe knew, or should have known the shill’s 2015 report was full of lies…

Got an e-mail into Megan E. Lutz-Priefert, hopefully she will respond so I can get her thoughts on this “new” information (she was my §2255 lawyer back in 2018).

bookmark_borderSCOTUS Approves – Show Me Your Papers!

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Yet again, here is another example of the Supreme Court’s dangerous and cowardly use of the shadow docket (in the words of Jerry Nadler), this time they used it to authorize an American Gestapo.

As the linked article explains, Gestapos have these characteristics:

  • they’re a police force targeting political opponents and dissidents
  • they’re not controlled by other security agencies and answer directly to the dictator
  • the identity of their members and their operations are secret
  • they specialise in political intelligence and surveillance operations
  • they carry out arbitrary searches, arrests, interrogations, indefinite detentions, disappearances and torture.

ICE currently is exhibiting those characteristics, looks like Tim Walz was right…

bookmark_borderWelcome to Police State USA

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Eric A. Johnson has explained that: most Germans may not even have realized until very late in the war, if ever, that they were living in a vile dictatorship. In other words, ordinary Germans looked the other way when Jews were being rounded up and murdered. Therefore, they abetted one of the greatest crimes of the 20th century – not through active collaboration but through passivity, denial and indifference.

Now, much like 1930’s Germans, Americans have become passive, factionally polarized (and indifferent to those outside their faction) and willfully ignorant. “We” are increasingly distracted by entertainment, partisan politics and consuming media that doesn’t challenge our beliefs. Therefore, we are complicit in creating a police state similar to Nazi Germany.

bookmark_borderJudge Dugan’s Case Proves My Main Assertion

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That is, the DOJ & FBI are, at their core, corrupt institutions. As this article explains, the DOJ rarely tells the actual truth in its legal documents. Instead, it often opts for a biased position that’s tangental to the truth and often bolstered by plausible lies.

In other words, the DOJ’s (and the FBI’s) standard operating procedure, is to create misleading criminal narratives using plausible facts, lies and omissions. They often do this by telling a story that superficially appears accurate in isolation but would actually be found to be deeply misleading if ever examined critically. Thus, in my case it “seems” plausible the their NIT obtained my IP address from visiting TB2. But when examined critically, that narrative falls apart because their is no actual way the NIT obtained my IP address the way the claim it did; because, it was technically impossible.

So, the corruption of the system depends on making sure the DOJ’s flawed narratives are never critically examined. That’s why 97% of all federal criminal cases end in coerced plea deals. Fortunately for Judge Dugan, she’s well heeled and well educated and will destroy these charges in Court because the narrative is obviously asinine. No more asinine than my case, but much easier for everyone to see.

bookmark_borderIllegal Policing Activities

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Of course the inspiration for this illegal policing activities post comes from Florida, the new Mississippi. Predictive Policing is unconstitutional and total nonsense.

Most (not all) police – whether local, state or federal – are either stupid or evil. By evil I mean, they think they’re better than other humans, which (in most cases) is the exact opposite of the reality. The reason that their evilness was hidden for so long is because we didn’t have cameras recording everything… so, when a cop was accused of wrongdoing, they could lie and get away with it. Now, thanks to everyone having a camera, the jig is up… kinda.