Friday, May 25, 2012
KingCast/Mortgage Movies Present for Memorial Day: Two Birds One Stone.... U.S. Trustee FOIA Demands as Exempt No-Fee Journalist and Mass DEP 525 Beach Street 21E EPA Response.
Dear Attorney McLeod: As noted in my Sunday, 20 May 2012 Mortgage Movies Journal entry and per our telephone conversation, I have provided you a draft copy of my Federal FOIA lawsuit and just four (4) of approximately eighty (80) Mortgage-related movies I have made since I launched that past approximately fifteen (15) months ago. Note the following, with no paid advertising or promoted videos whatsoever:
Mortgage Movies (15 mos).
33,000 journal page views.
33,000 youtube video views.
KingCast/Chris King's First Amendment Page
360,000 page views (data only available 2 years)
390,000 video views
As you can clearly see I have been addressing salient legal issues with camera in hand, and with the knowledge bases in my background that include assistant attorney general, licensed title insurance producer, land use zoning manager, notary and former editor and writer in mainstream press. If I am not an exempt journalist under FOIA then nobody is. In the top movie at the link above you can clearly see that I was reporting on the Sand Canyon fraudulent/non existent mortgage assignment that Judge Joseph LaPlante recognized in denying Wells Fargo Summary Judgment last week. As to why Judge Paul Barbadoro refused to see that issue last year I cannot say but that's just the way he votes, historically pro-bank and pro-law enforcement almost every time. Yes I have studied that, would you like the statistics or is that necessary as well? I thank you in advance for your reconsideration of the initial denial.
Dear Mr. Johnson, as referenced per our discussion last week herein please find copies of the signatures of the property owners on the fraudulent Zoning application. Again, said successful application (in December, 2011) willfully and intentionally omitted the FACT that the owners, the developers and City Council Ira Novoselsky were all aware of actual contamination in May/June, 2011 yet no one informed Site Plan Review or Zoning until I started asking questions with a camera. The law as noted in this journal postincluding your own 2012 cited case of In re Knott, Docket No. 2011-011, PAN-NE-11-3R001 ($10,787.00 fine for failure to report TCE, affirmed) is crystal clear: The owners and developers were working in tandem, exercising full joint and several control over the subject property. I look forward to a timely written response to the Complaint filed by abutter Clifford Pisano and me now that the Complaint is complete. We have done all of your agency's homework for you and put it right on your plate.
To all: Enjoy the Holiday weekend, and remember that our Veterans fought and died, allegedly to preserve the Rights that I enjoy daily on my journal pages and on my YouTube channel, regardless of who likes what I have to say. That my friends, is the moral of the story.
Thursday, May 24, 2012
Bonhoeffer's is so damn good it could make it in NYC or anywhere as The Chairman would say.
Q. What does a Bonhoeffer's strawberry and creme crepe with chocolate drizzle and walnuts have to do with Kelly Ayotte, Michael Delaney and mortgages?
A. You will find out soon enough.
Related: The J's Whoopie Pie, Portland, ME.
Tuesday, May 22, 2012
KingCast and Mortgage Movies Video: Drouin Case -- Wells Fargo, Sand Canyon and Option One Lose Motion to Dismiss in NH Federal Court.
This case supports everything I've been arguing to the U.S. DOJ about my status as a journalist exempt from payment of FOIA fees as noted in yesterday's journal entry. NH District Court Judge LaPlant recognized in Drouin v. AHMSI, Wells Fargo and Option One (NH Dist 11-CV-596) that Sand Canyon did not exist and could not have Assigned ANYTHING, as I noted more than a year ago in the Jeanne Ingress NH cases where Judge Diane Nicolosi played dumb and allowed Wells Fargo lawyer Shawn Masterson to provide hearsay testimony about having the original documents "in his desk." Selected clips are provided in this dual-purpose documentary short film that will be posited with the DOJ later this week as a Motion for Reconsideration to DOJ Counsel Janice Galli McLeod. Query, will Judge Paul Barbadoro ignore this precedent from his Brethren when Ms. Ingress mounts this argument later this week? Will there be a split between judges in the same single District? The mind boggles.
KingCast/Mortgage Movies: We know exactly what the hell we are talking about.
KingCast/Mortgage Movies: We know exactly what the hell we are talking about.
Sunday, May 20, 2012
KingCast/Mortgage Movies to Sue U.S. DOJ Over FOIA Free Press No Fee Clause 5 U.S.C. §552(a)(4)(A)(ii) on U.S. Trustee Lawrence Sumski B10 Mortgage Proof of Claims info.
20 May 11:22 update -- At 9:33 am the DOJ viewed the picture below wherein it is proved that media lawyers and the Boston Herald consider me a journalist and member of the media on my own accord, by name. Honestly, the nonsense and abuse I have to go through just to be a responsible member of the Fourth Estate is mind-boggling. Stick around for tonight's movie about the ongoing Wells Fargo Sand Canyon issues I have been journalizing for well over a year now in the Jeanne Ingress cases, one such video being hosted on Real Estate News 247 open forum. Well just last week Wells Fargo's Motion to Dismiss was denied in a Federal Case because the Plaintiffs are free to argue the issue that Sand Canyon could not have assigned that which they did not have. Ms. Ingress and I have been saying the same exact thing for months. See the thumbnail read the case Drouin v. AMHSI/Wells Fargo/Option One 11-CV-596 and quit giving me a hard time or I'll sue and it's not going to be pretty.
20 May 11:22 update -- Attorney McLeod returned my phone call. She will reconsider after I submit more material. She is trying to put me into the freelancer status where my material is republished by other press but that is not my point. My point is that I am covered by the statute on my own merits. "What I do is no different than what I did as an editor or reporter for the Call & Post or Indianapolis Star 20 years ago even if it has more opinion in it... a luxury that I am not afforded by major press."
Lawsuit KingCast Mortgage Movies v. DOJ in FOIA 5 USC §552(a)(4)(A)(ii) Press Exemption
Dear Attorney McLeod: I am in receipt of your letter dated 16 May 2012 and politely decline to pay the requested fees for any and all documentation showing where NH U.S. Bankruptcy Trustee Lawrence Sumski has ever challenged a B10 Proof of Claim relative to foreclosure, as many U.S. Trustees have done. Instead you can check to see if that is your Final Answer, and if indeed it is you can prepare to come to Federal District Court in Boston to explain how and why you completely ignored the following facts, law and issues. I wish I could sue you individually but Pickens v. DOJ 2011 U.S. Dist Lexis 69829 has apparently disposed of that issue last year. Odd that it wasn't raised in Covington v. McLeod, 646 F Supp. 2d 66.
1. Original FOIA Request 11 March 2001.
2. FOIA Appeal 13 August 2011.
3. DOJ arbitrary and capricious denial (1) and (2).
4. Draft lawsuit with Exhibits.
1. The U.S. Department of Justice, by and through Attorney Janice Galli McLeod, on 16 May 2012 issued an arbitrary and capricious determination that Plaintiff was not a journalist within the meaning of FOIA/552(a)(4)(A)(ii), finding that the materials provided are largely commentary. In so doing Attorney McLeod willfully ignored every issue identified below in paras. 2 through 15, inclusive. See Plaintiff's Appeal and the 16 May letter at Exhibit 1.
2. There is no "commentary" exception involved in the language of 552(a)(4)(A)(ii) of title 5, United States Code as seen below. Nor is there any such restrictive language included in the case law of the forum state which governs these proceedings because the Federal Scheme may not afford less Constitutional protections than the particular State. Relevant excerpts are also seen below.
3. Prior to matriculation from Case Western Reserve School of Law Plaintiff earned a Bachelor's Degree in Communications with an emphasis on news writing and studies in 600 level Rhetoric courses.
4. In fall of 2010 NH U.S. District Magistrate Judge Landya B. McCafferty made an express finding of fact that "Plaintiff is an African-American journalist" in Case No. 2010-CV-501.
5. As to prior publication history, Plaintiff has edited a large statewide weekly newspaper, the Ohio Call & Post.
6. Plaintiff has written for the Indianapolis Star, note that the issue involved in that 1990 feature involved illegal wireless phone surveillance, the very same issue currently implicated in the FOIA lawsuit of Electronic Information Privacy Information Center (EPIC) who is being copied on this journal entry. Plaintiff's Lexis inquiry yields EPIC v. FBI, DC Dist. 2012-CV-667, which also denied media status. That is how the government operates when it wants to hide something but it is illegal.
7. Plaintiff has co-hosted a radio show in Boston, Massachusetts.
8. Plaintiff was recently subpoenaed as a journalist (Motion to Quash granted) by the Boston Herald as noted by the Parties in Joanna Marinova v. Boston Herald, Suffolk Superior 2010-CV-1316. The Herald's Attorney even stated "nice blog."
Wednesday, May 16, 2012
Federal Disctrict Court John J. McConnell says it's okay for Kelly Ayotte to offer an RSVP to a reporter then renege on it, and it's okay for Nashua PD to run a reporter all the way out of Crowne Plaza in KingCast v. Ayotte, NH GOP and Nashua PD NH Dist 2010-CV-501.
Note: Defendant Fisher in my case is still a named Defendant in the Gorsuch case for lying, the same thing I accused him of doing when he hassled me about being too close to a backing car while white people were actually CLOSER to the backing car. Two named Defendants were released. Stay tuned on that one.
Here is an excellent back story link. I am in DC headed to the 36th Annual Hubert Humphrey Civil Rights Gala and so I do not have time to delve into His Honor's logic. I will eave that for a Motion to Reconsider, Notice of Appeal, etc. but in the interim I will share what I told someone last week when they asked why it had been a full six (6) months to decide a Motion to Dismiss:
"Son let me tell you something (doing my best Foghorn Leghorn)... The Republicans might not like him, and they might all have voted against his ascension to the bench, and he and I might both be alumni from Case Western Reserve University but he is still a Judge, and Judges tend to issue Decisions that protect the establishment, be it Democratic or Republican because it's really all the same animal when yooze get right down to it."
Of course in the reality I figured this might happen given the way that Jack Middleton and Jennifer Parent sat there while former co-worker and then underling (read: subordinate employee) Judge Landya B. McCafferty brazenly ruled on my case without ever divulging the existence of this relationship. It only got worse after I publicly embarassed Judge Paul Barbadoro after he wrote me that my Motion to Recuse was "entirely without merit," at least until I started using Pacer and Lexis to retrieve Judge McCafferty's OTHER contemporaneous recusals and asking questions. On the issue of whether her Decision against me should be voided given the obvious conflict that existed at the time of the hearing, Judge Barbadoro recused himself as soon as I requested that he Certify his Decision denying my Motion to Vacate her Order. If you think the subsequent Judge is then going to in effect double-slam the prior Judges you are sadly mistaken. I am comfortable that any attorney reading this can clearly see the Game being played whether or not they have the chutzpah to publicly acknowledge it.
Funny how I could know the procedure and substance of 28 U.S.C. 455 so well but apparently not have a clue as to anything else legal, isn't it.
Tuesday, May 15, 2012
KingCast Presents Nashua PD Blue.... and Black: The Arrest, Beating and OC Spraying of Jeffrey Riel and Another.
Jeffrey Riel consults with lawyer Paul Borchard at today's arraignment.
On or about 2 May Jeffrey Riel was walking along the railroad tracks as dozens of people do in Nashua every night when the police stopped him for allegedly suspicious activity as others walked around him at the same time. It turns out there was some sort of probation violation from Virginia, but those close to him say he may have been unaware because the DMV and other LE were not even aware. We will see how that unfolds. The following is a verbatim excerpt from my phone conversation with a witness to the beatings of Jeffrey Riel and Another who was present.
"The police said we got him on suspicious behavior... he was just walking down the tracks (near Margarita's) to get some beers.... The cops kept trying to get us out of there. They kept rushing us. I think there's way much more to this.
"He freaked out and ran a bit but stopped and laid down and said 'I give up I give up'. They beat him on the ground them pulled his hands in the air and continued to beat him all over legs, face, head all over like they wanted to get a few more licks in. They were pepper spraying him and kept beating him as they stood him up and I was screaming stop beating him stop beating him. I wish I had the presence of mind to get my phone out but I was so shocked, and anyway Nashua PD beats people who video them."
"They can't do that anymore did you hear about the Glick Decision and Memorandum from AG Mike Delaney to local police?" (Related video is posted along with witness statements from the Mike Gannon/Pamela Reynolds beatdown) courtroom video to follow tonight).
"No, I wish I had had known about that AG opinion... I've never seen anything like this in my life. I'm not used to seeing people I love getting beat down by the police." "They said 'Ma'am you need to keep your mouth shut.' I said no I'm not going to keep my mouth shut you kept beating them and he gave up.... Then they said 'let's take her in.' "I said you don't even know who I am and what would you be charging me with... I'll keep my mouth shut..... for now......"
But she didn't and Yours Truly and David Horan, attorney for the other person who was also beat down have received witness statements from this individual who decided to Take a Stand against what she perceives to be outright police brutality. To add insult to injury, Attorney Horan informs me that after the other person bailed out she was served yet again through Wilton PD on Sunday with an order to appear in Court where Prosecutor Evelyn King (no relation thank goodness) tried to raise the bail sua sponte. Judge Crocker resolutely denied such attempt, but what did happen is that they levied yet another charge against her and demanded a blood sample, which Attorney Horan has objected. He is aghast and so too is NH PD Investigator Cheryl Stafford-Rogers, with whom I conversed today at today's arraignment where Mr. Riel pleaded not guilty to 2+2 counts of assault and resisting arrest. Unfortunately she was not authorized to show me the pictures of multiple bruises he sustained but they will all be public at some point barring dismissal of charges.
To those of you who are afraid to give your names to Telegraph Reporter Pat Meighan for fear of retaliation by Nashua PD, I can only say that government will never get better if we remain afraid of the bad cops. I know it is not your fault that you are in this situation but I strongly encourage you to come forward, publicly. This is one case that deserves it for reasons I have stated, and for some that I have not... yet.
Humbert Humphrey Civil Rights Gala. What I am doing there is for me to know, and you to find out... at a time I deem appropriate.
Friday, May 11, 2012
On the 5th year anniversary of the Franconia shooting tragedy and Senator Kelly Ayotte's coverup, KingCast says "we are pressing on for Justice, Liko Kenney."
Today is 5/11 2012, and the time is nearing 6pm EST. Judge Paul Barbadoro dismissed the 42 U.S.C. §1983 lawsuit against the town for its historic and willful ignorance of Bruce McKay's unlawful, abusive and threatening conduct as well as the Constitutional violations and 7 distinct protocol violations on that fateful day that led to his death and that of Liko Kenney. However, that's nothing new. That's what he does as a Judge, dismiss everything.
The real battle lies ahead in the First Circuit Court of Appeals. Everyone knows the Courts are slanted in America when you have someone shoot a cop, regardless of whether or not the cop was asking for it. As a former LE attorney even I have to admit this fact. But press on we must. Justice demands it. As to Dorothy Aufiero's screen adaptation of Casey Sherman's book "Bad Blood: Freedom and Death in the White Mountains," mum's the word. No one has heard anything about anything. Here is your seminal journal entry on the matter, showing the lies, coverup and deviations from protocol by NH AG cum U.S. Senator Kelly Ayotte. It's the same story as with the Michael Paulhus case. Note that they allegedly did not run any fingerprint tests on Liko's gun, that's because they know damn well that Greg Floyd's fingerprints are all over that second clip because he put it in there to make it appear that Liko Kenney was a threat to him. That's why he went home with one of Liko's live rounds in his pocket. Those of us who shoot guns understand this, and we understand how Kelly Ayotte covered up the Truth. Sad but True and this KingCast viewer is seeing ALL OF IT including the windshield bullet you failed to analyse and no Kelly you can't stop me from telling it much as you wish you could. And now you say you have more experience than Barack Obama or Mitt Romney, more experience being an idiot, perhaps.
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