Category: Personal

bookmark_borderAnother Analogy

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So, my FOIA request has enabled me to draft another analogy about my prosecution. Here is what appears to have happened (succinctly):

In 2011, the Dutch National Police (DNP) illegally (in our country and theirs) hacked into websites and obtained identifying information about the users of those websites. The DNP and the DOJ didn’t know what to do with this illegally obtained information for a year until the DOJ/FBI devised a diabolical plan to “legally” re-obtain the DNP’s illegally obtained information in 2012. The illegally obtained information included IP Addresses and possible identities linked to those IP Addresses and what illegal information those IP Addresses accessed.

So, for the analogy, let’s substitute IP Addresses for physical street addresses and the names of the people associated with these addresses. And let’s substitute the information as boxes shipped via FEDEX to those physical addresses.

So, for example, let’s say that the DNP illegally determined that someone living at 123 Whatever Way in Wisconsin sent a package containing drugs to 456 Whatever Way in Nebraska in 2011. Let’s also say that the DNP notices that 123 sent a packages to 456 several times, thus establishing an illegal pattern of shipments.

The DOJ/FBI cannot use the DNP’s information to prosecute the actual people at 123 or 456 because none of the evidence will be admissible in Court, so they use “Parallel Construction” to prosecute the people at 123 & 456.

The problem with Parallel Construction is that it encourages government agents to fabricate evidence. For example, say 123 also ships legal products, like Pokemon cards. If the DOJ/FBI isn’t aware of that fact (or intentionally ignores it) many people 123 ships to will get swept up in their Parallel Construction dragnet.

Therefore, I now know that I was illegally swept up in their poorly executed dragnet; because, I have proven that they fabricated and falsified the evidence linking my IP address to TB2’s. So now I know why and how they did it. Now I just need the Eighth Circuit to agree…

bookmark_borderGore Vidal Said

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Gore Vidal said: The four most beautiful words in the English language are I told you so; and on December 31, 2024, I TOLD YOU SO!

Therefore, I’m not surprised THAT things are going horribly; however, I am surprised at the speed. SO, Lets recap my new years eve predictions:

  • Trump took office and chaos and ineptitude quickly followed.
  • Pastor Johnson was given the gavel again.
  • Bitcoin crashed on February 28th, but rebounded two days later. It continues to be highly volatile, but; the “greater fool” pool just got bigger, thanks to Trump.
  • Looks like the AI bubble is getting ready to pop this year.

Looks like my pessimism was justified.

bookmark_borderNext Year, Bad for You and Me?

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I predict that next year will be bad for you and me, Because:

  • The first Felon President will take office on January 20, 2025 – chaos and ineptitude will quickly follow. Maybe we’ll rethink second class citizenship for (most) felons?
  • January 3 should be interesting in House, I predict Pastor Johnson will be given the gavel again.
  • On a random day in 2025, Bitcoin will crash after finally finding its last “Greater Fool”.
  • Bitcoin’s crash will also cause the AI stocks to crash, as everyone figures out it’s just crowdsourced vaporware.

Needless to say, I’m not optimistic for 2025… Happy New Year!

bookmark_borderOpen Letter to Josh Stroschein Ph.D

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Hi Josh:

I’ve been trying to get answers from your team (you, Podhradsky or Miller) for the last three years about why you helped the government railroad me. Podhradsky told me to talk to Miller & Miller told me to “go away”. I’m not going away, nor will I ever “let this go” until I find out what happened.

Last year, while doing research, I came across the paper your team authored regarding the FBI’s NIT for a conference in 2016. Needless to say, it angered me. Sections 2.6 & 2.7 were particularly infuriating. While I am an “expert”, I’m not at your level, but I knew that the FBI was lying about how their NIT worked and that you were actively helping them lie about it. (That’s why I fired Joe Gross Jr. to fire your team in February of 2015.)

The “smoking gun” regarding your team’s participation in this travesty of justice, is this sentence in section 2.6 – where you declare: 

The DNS requests go over UDP and thus they can be spoofed. However, the cornhusker log indicates that DNS request was made via the proxy server and thus that data was not logged in this case. 

As you surely know, that – in regards to the flash player – was impossible.

The proxy server was TOR and the NIT attack relied on the flash player ignoring TOR (thus making direct connections to  cpimagegallery.com. Therefore, flash player’s UDP (DNS) & TCP (Socket) communications must bypass TOR. So the scenario your team omitted from your June 2015 report (where flash used TOR for UDP but didn’t for TCP) was such a HUGE RED FLAG – that FBI shenanigans were afoot – that experts such as yourselves must have withheld it on purpose. If you have a conscious, you should feel very guilty about that. Furthermore, in 2022, I had Nathan Zaugg (of Mindfire Technology) answer 3 questions that your team willfully refused to answer in your June 2015 report. Those 3 questions were:

1) Does Tinyboard have a visitors table?
2) Does Tinyboard issue session ids to clients?
3) Does Tinyboard track user activity in any way?

Nathan’s answer to all 3 questions was NO! That means that your team’s Figure I is perjury and that my conviction was totally fraudulent, without considering the NIT’s additional fraud (discussed above). As I told Miller, the statute of limitations has passed for your team’s perjury, and I cannot sue you for your lies. However, if you come clean about your team’s misdeeds (which my pending FOIA litigation may uncover anyway) I may be able to get exonerated.

So, if you have any decency, I would like you to answer the following 6 questions:

1) When and how did you become involved with NE case no. 8:13CR108?

2) Why did your team examine the wrong server for your first report (January of 2015)?

3) Why did you parrot the government’s lie that the NIT was just a flash application?

4) When and how did Attorney Joseph Howard keep you involved with my case (I desperately tried to fire your team because I knew you were lying)?

5) Why did you lie about Tinyboard Software in your June 2015 Report (Claiming the visitors table was legitimate & Tinyboard issued Session IDs to visitors)?

6) What did you communicate with Keith A. Becker about and when (Please provide dates so I can amend my FOIA litigation for these communications)?

Thank you for your time. I hope you’ll help me uncover your team’s part in railroading me…

– Kirk Cottom

bookmark_borderBell’s palsy update

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So about two weeks ago I was diagnosed with Bell’s palsy. According to the literature, I should have been seeing some improvement this week if my situation was caused by inflammation only. Unfortunately, I’ve seen no improvement, thus my paralysis is probably caused by Ramsay Hunt Syndrome.

In sum, it means my recovery will likely be measured in months, not weeks.

April 30 Update: As of today, I’m at 75% recovered. After 3 weeks of no progress, my fourth week has shown daily improvement of about 25% a day, so I may be 100% by Friday.

May 13 Update: As of today, I’m at 90% recovered. I can now raise my left eyebrow and my lip control is almost back. I’m able to drink for a soda can again. Left lips and cheek are at 90%. So I think my recovery time will be about 8 weeks…

June 24 Update: As of today, I’m 95% recovered. My left side is a little weaker than my right side. I’m thinking it may stay that way. But I can eat and talk 100% normal now…

bookmark_borderI Got Bell’s Palsy

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So, I was minding my own business this weekend when (on Friday) I developed an odd ear ache. It was a twitching sharp pain that would occur periodically. So, I chalked it up to another ache/pain of being a member of AARP.

But, when I woke up Sunday the left side of my face was basically paralyzed. So, I gave myself the stroke tests in a pamphlet I have because I’m a member of AARP and we need to know these things. I passed all the stroke tests, so I diagnosed myself with what the pamphlet called Bell’s Palsy. On Monday I went to an urgent care that will see you for a flat fee of $125. (Since I’m a struggling sole proprietorship making little (read “no”) money, I do not have any health care coverage, thus my reluctance to go to the emergency room; BUT, I don’t think I’d gone to emergency even if I did… IMO, that is really just a place for gun wounds, car accidents and heart attacks.)

The nurse practitioner chastised me for self diagnosing BUT concurred that I “presented” as text book Bell’s Palsy. He said that it might be have been caused by the virus that causes shingles (chickenpox) and that it attacked my cranial nerve seven. So he put me on an antiviral to combat the possible underlying cause (that cost $80) and a steroid to deal with the inflammation that was continuing to irritate nerve seven (that cost $17).

Now, I just have to wait and hope nerve seven returns to normal giving me the left side of my face back sometime in the next few weeks.

bookmark_borderDenied Again

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So the Eighth Circuit denied my petition, again (Case No. 23-3131). This time I’ve complained to their overlord at the SCOTUS, asserting that their latest denial was a violation of Supreme Court precedent (like this case) and my due process rights.

I can’t see how the Court actually looked at my petition before they denied it. The government conceded the evidence used for my conviction was fraudulent per the new 2016 report (discussed here). Their only argument was that the 2016 report wasn’t “new”. The government took over 30 days to file their response to the petition and the Court took a few hours to deny it two days after the government filed it. The denial was so fast, I wasn’t able to file a response to the government’s nonsense about the newness of the 2016 report leading me to believe that my due process rights have been violated.

Like I said before, I was railroaded, all I need now is absolute proof, maybe it will show up in my FOIA request… I also sent a request to Joseph Howard to write a declaration stating that the first that he heard of the 2016 report was when I wrote him about it, this month. We’ll see if he complies… I suspect he won’t because he was/is apart of the conspiracy.

bookmark_borderKirk Cottom was Railroaded

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I’m using that title to drive home my previous posts on the subject. I want it known, that in no uncertain terms, I was railroaded and the shills helped.

When you compare the shills 2015 report, to their 2016 report and add in the various facts about Tinyboard and Flash Player 10 or later, the only conclusion you can arrive at, is that “my” visit to TB2 on November 18, 2012 NEVER HAPPENED!

In other words, all evidence of that visit was either fabricated or falsified by the FBI. End of story, thank you for reading.

bookmark_borderNovember May Be Good

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I’ve got a lot on my plate this month. My current habeas petition (Eighth Circuit Case No. 23-3131) should be “ripe” for decision after TODAY. The government’s argument against it this time is purely procedural. (They claim that the shill’s bombshell 2016 report isn’t “new” – I retort that it is when they concealed it from ‘me and my various attorneys’…)

The Government is supposed to have some answers regarding my FOIA lawsuit on November 9, 2023 and my adjudication as a “Tier 1” should hopefully occur at a hearing on the last day of the Month.

And the Second Circuit should set my “briefing schedule” for my appeal to them about the ridiculously punitive continuation of my supervised release…

Regardless, November 2023 is going to be a significant month for Kirk Cottom…

bookmark_borderHow the DOJ Railroads People

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Jed S. Rakoff (a Senior Federal District Court Judge) wrote a book titled Why The Innocent Plead Quilty and The Guilty Go Free in 2021. It should be required reading for all Americans; but, it’s a must read if you want to understand how the DOJ (and its components) railroads Kirk Cottom, Jim Larkin and others.

At the beginning of chapter 2 he rejects the mythos: The criminal justice system in the United States today bears little relationship to what the founding fathers contemplated, what the media portray, or what the average American believes.

He then goes on to explain that our system has devolved into a system of unfair plea bargains. He notes that when the cases are not dismissed for other reasons, 97% of federal cases are resolved with plea agreements & those agreements determine the possible sentences. He explains that those plea bargains are unfair because they put the defendant at a distinct disadvantage because the prosecutor has all the cards and the defense has none. The prosecutor often has a complete police report, witness interview transcripts, grand jury testimony transcripts & forensic reports. This inherent knowledge advantage usually makes the prosecutor overconfident in his case.

Judge Rakoff notes that the defense attorney is often flying blind against an overconfident prosecutor when plea negotiations begin shortly after the defendant is arrested. This power imbalance is then further exacerbated by the mandatory minimums a lot of laws impose & the draconian sentencing guidelines enacted in 1984. This results in the prosecutor offering defense counsel an offer to plead to a lower offense than the prosecutor will charge if they reject the initial plea offer. Judge Rakoff – and anyone with a rational mind – rejects the Supreme Courts nonsense that this plea bargaining process is a “fair and voluntary contractual agreement between two relatively equal parties”. It’s a shakedown, where the prosecutor inflicts its will on the defendant. Judge Rakoff then notes that many people choose to plead guilty because they are guilty but he also notes, because of our terribly flawed system, too many innocent people plead guilty because they have no confidence that a corrupt system would (or could) exonerate them and choose to cut their losses.

This is how Kirk Cottom got railroaded into a conditional plea. As readers know, I’ve been trying to get the specifics for over two years now. The corrupt system likes to keep its secrets. I took a conditional plea because the only evidence against me was the NIT Report and I was sure it was 1) Falsified & 2) inadmissible at trial.

On page 30, Judge Rakoff finally gives me an explanation about how my plea agreement ended up so vague. …in situations in which the prosecutor and the defense counsel recognize that the guilty plea is somewhat artificial they will jointly arrive at written statement of guilt for the defendant to agree to that cleverly covers all the bases without providing much detail.

That explanation provides compelling evidence for why the shills and my attorneys refuse to answer any questions about their participation in Becker’s conspiracy. The Judge also notes that the DOJ knows that most of the “forensic sciences” are not science at all. And also points out the a lot of eyewitness testimony is garbage.

Finally, Judge Rakoff also explains how the falsified and fabricated TB2 NIT Report got “admitted”, Judges have an unconscious bias to allow the prosecutor to admit their crap evidence. Ultimately my case revolves around Becker’s conspiracy to hid the facts about the TB2 NIT Report.