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bookmark_borderDOJ Bad Faith

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Ryan Shapiro has explained how the DOJ/FBI loves to violate FOIA, indicating that you have to sue them to get compliance, which is ridiculous but so are a lot of things today. (I agree with the pardon for Ross and a lot of the January Sixers but not the violent ones, but I do agree with Trump on one thing, the DOJ is definitely filled with a lot of scum. It’s just a Pot calling the Kettle black situation, IMO.)

Anyway… Ryan explains why the FBI claims they couldn’t find the NIT Reports succinctly:

[T]he FBI has designed a series of “Failure by Design” FOIA search protocols. The FBI conducts its FOIA searches in such a way that the vast majority of those searches fail to locate the requested records, even though the FBI absolutely has those records. So, the FBI superficially appears to be in compliance with FOIA because it conducted a search, but it doesn’t have to release any documents because that search (deliberately) found nothing.

Not surprisingly the DOJ says they found 2075 pages responsive to my request for proof of Becker’s crimes; BUT, are claiming (in bad faith) they’re all exempt from disclosure due to various exemptions.

So, the Vaughn Index should be interesting. I think we’re definitely heading towards IN CAMERA INSPECTION.

UPDATE: On January 30, 2025 the DOJ asked for an extension to process pages they should have already processed one day before they were due. I opposed the extension. The Court gave them the extension, so now I have to wait until May 30, 2025 to start litigating their nonsense.

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_borderPerfecting An Appeal In New York State

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So, my appeal of the ridiculous SORA order issued on January 5, 2024 was delivered yesterday. My previous attempts were thwarted by the arcane process known as “perfecting” an appeal in New York State.

Basically, my appeal was stymied by the RECORD ON APPEAL, an esoteric document that must be created and agreed upon by the parties of the appeal (in this case the Monroe County DA (“MCDA”) and myself). BUT the directions just state that the record must be certified, stipulated to or ordered (CPLR 5525).

The first obstacle was the fact that the Court Clerk doesn’t maintain these records, the County Clerk does… So there’s that peculiarity. When I got the certified record from the County Clerk, the Appellate Division, Fourth Dept. Court Clerk rejected my submission and told me that the certified record wasn’t sufficient to meet the certified requirement of 22 NYCRR 1250.7, but didn’t give me any further instructions.

The next obstacle was getting the MCDA to stipulate to the RECORD ON APPEAL because they just ignored my request. (Seems like an easy way for the DA to block appeals, NO?) I then attempted to get the County Court judge who made the decision I’m appealing to grant an order for the RECORD ON APPEAL and was also ignored. (Again, seems like an easy way for the Judge to block appeals, NO?)

After all this ignoring, the sixth month time limit to “perfect” my appeal was running out. So I petitioned the Court to extend the time, noting all the ignoring that had occurred. They granted my request on October 17, 2024 giving me until December 16, 2024 to perfect my appeal. And surprise surprise, with a copy of their order enclosed, the MCDA agreed to stipulate to the RECORD ON APPEAL.

Now, I wait to see if the Clerk, will finally accept my appeal. Like I’ve posted before, it shouldn’t be this hard to appeal decisions.

Update 11-21-2024: Got a letter from the Clerk yesterday, my appeal has been perfected. And has been schedule to be heard for the “session” beginning March 31, 2025.

Update 4-29-2025: Got a terse decision from the 4th District yesterday, it stated the lower courts ruling was affirmed. I’ll be appealing to the Court of Appeals (NY’s highest Court) tomorrow.

bookmark_borderThe Criminal President Elect

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I’ve been trying to understand the vote splitting in this election. I mean the difference between the two candidates couldn’t have been more stark, one an unapologetic prosecutor (Link to Reason Article) and the other an unapologetic criminal.

As Max Burns points out:

A man with 34 felony convictions can’t win the presidency in a nation where trust in institutions is high. It’s only in a culture where the justice system has long since lost its legitimacy that a man with such a thick criminal record as Trump glides by relatively unremarked. That one man can so effortlessly game American institutions to his own benefit says as much about the decrepit state of America’s institutions as it does about the moral decrepitude of the crook.

From: “America will regret its decision to reelect Donald Trump“

Max is onto something; because, for the Criminal to win, millions of voters had to split their tickets. For example, in Florida people voted for abortion rights with 57% but Trump won that state with 56%. In other words, Trump didn’t get blamed for the need for the abortion rights amendment. That’s literally cognitive dissonance. And that trend continued elsewhere.

But, this election says something profound about Americans, a majority of them have literally given a vote of no confidence to our judicial system. And sadly, I agree with them. Our “justice” system is devastatingly corrupt. From our jury system being replaced by a system of pleas that allows thousands of suspected criminals (like me) to be coerced to plead guilty. Worse, when you try to fix an unjust conviction, habeas has been suspended by the obviously unconstitutional ADEPA.

Americans are aware that the judicial system is extremely unjust. And that the lists of exonerations just keep growing and growing. It’s in that context (as the Reason article linked above explains) the Prosecutor was ill prepared to fight a criminal in a fair fight, like the election… Now I understand.

Update November 12, 2024

So, I wasn’t the only one perplexed about the ticket splitting. Hot Rep. AOC shared in my befuddlement. So she went to social media to ask the question, here are the results. And as you can see Max, quoted above, was 100% correct. The vote splitters have a total disregard for the “Justice System”. Thus, you can ignore the nonsense that “defund the police” had anything to do with Trump’s win, Trump voters clearly don’t care about that.

bookmark_borderA Post For October

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Been busy losing to the government, not surprising since they cheat. You’re told that the Court’s are supposed to be like refs, they aren’t. Make America Great Again? How about making it sane again?

The GOP’s presidential nominee is claiming to be the “law and order” candidate but he’s a convicted felon and an obvious con-man… that’s insane!

The SCOTUS has declare that the president is above the law… that’s insane!

Men, pretending to be women, want to be allowed to dominate women’s sports… that’s insane!

Judges want to pretend they’re experts on subjects that they are clearly not experts in, to ignore actual expert opinions… that’s insane!

End Rant… for now…

bookmark_borderDiddy’s in Jail while Trump’s on Bail

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Talk about a two tiered justice system. The reason Diddy is in jail is because two judges determined that he is a “danger” and a “flight risk”. Yet Trump, who is in similar legal circumstances as Diddy, is not considered a “danger” or a “flight risk”.

This, of course, is nonsense. (As the case against Diddy doesn’t look that strong.) Is Diddy a “good guy”? (as Trump opined) Obviously not; but, neither is Trump. Sadly, the case against Diddy looks a lot like the case against Backpage. Strong on moral condemnation & weak on actual federal crimes (it looks like there may be some state crimes).

The problem is that similarity situated defendants should be treated the same, thus since Trump is on bail, then so should Diddy. They’re both celebrities with little to no ability to flee. They are also “bad guys” would want to intimidate witnesses, but both won’t when watched closely. So the rational to keep Diddy detained is simply unjust.

bookmark_borderFOIA Update

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In May (and then again in August) I sent AUSA Cerrone a missive asking about the status of processing my request (there are about 1500 responsive docs, I’m supposed to get 150 a month – so far I’ve gotten zilch) and both requests were ignored.

I guess I cannot expect anything until they’re required to give me the Vaughn index sometime in 2025. <huge sigh>

bookmark_borderNeil Gorsuch is a Conflicted Judge

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Neil has just given us more evidence that judges are just making it up as they go alone. Apparently, Neil has written a new book where he notes that the whole Aaron Swartz prosecution was “over-reach”. No Neil, it was prosecutorial misconduct done in furtherance of DOJ propaganda.

Instead of carving out “presidential immunity rights” (which are found nowhere in our Constitution or national traditions), perhaps Neil and the other conservative clowns should enforce things that are actually in the Constitution, like the 4th, 5th & 6th Amendments and revisit the silly rulings that say AEDPA doesn’t violate the suspension clause.

As I’ve chronicled on this blog, our justice system is extremely flawed and biased, we should fix it.

bookmark_borderTrump v. United States

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Trump v. United States now joins Dred Scott v. Sanford, Plessy v. Ferguson, Lochner v. New York, and Korematsu v. United States as the worst decisions ever made by the SCOTUS.

The SCOTUS has just made our President a German Fuhrer. Needless to say, this is not a good development. If Biden had any balls, he would use his knew powers to do things to show everyone, especially the SCOTUS, that we do not want a Fuhrer running our Country.

Note: Read the Trump v. United States link to get the rundown on how bad this decision is…

bookmark_borderThe American Gestapo

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I’m convinced that a moral panic combined with corrupt Agents (American Gestapo = FBI) were responsible for my unconstitutional prosecution.

Ample evidence proves that cops are opportunistic criminals who should be stripped of qualified immunity.

This article explains it all and you should read it, two quotes are below:

With every passing day, the United States government borrows yet another leaf from Nazi Germany’s playbook: Secret police. Secret courts. Secret government agencies. Surveillance. Censorship. Intimidation. Harassment. Torture. Brutality. Widespread corruption. Entrapment. Indoctrination. Indefinite detention.

[T]he FBI’s laundry list of crimes against the American people includes surveillance, disinformation, blackmail, entrapment, intimidation tactics, harassment and indoctrination, governmental overreach, abuse, misconduct, trespassing, enabling criminal activity, and damaging private property, and that’s just based on what we know.

The FBI’s Gestapo Tactics : Hallmarks of an Authoritarian Regime
By John & Nisha Whitehead