bookmark_borderDiddy’s in Jail while Trump’s on Bail

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_borderNeil Gorsuch is a Conflicted Judge

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

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

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

bookmark_borderWhen Trump Goes to Federal Prison

Since we live in a police state, the transition from “freedom” to a LOW LEVEL – Bureau of Prisons (BOP) -prison is surprisingly easy for working & middle class people. (Note: MEDIUM & HIGH security prisons, I’m told, are a completely different story).

As far as I know there are no LOW or MINIMUM level prisons in non-police states; because, there is no legitimate “safety” reason for anyone to be confined to one, because everyone there was actually assessed to be a minimum or a low safety risk; thus only a police state would imprison this category of offenders.

Minimum level prisons in the BOP are labeled “Prison Camps” (seriously!). And all other prisons are labeled LOW, MEDIUM & HIGH. Where you get placed is decided by a computer program called SENTRY. It assigns arbitrary points for various facts about you. Usually, a first time middle aged offender is going to get 0-11 points and be labeled MINIMUM. Someone below age 30 will probably get 12-15 and be labeled a LOW. If you are labeled MINIMUM, you will likely be allowed to self report. If you are labeled LOW, then you will often be allowed to self report, especially if you’ve been out on bail until sentencing; unless you piss off the judge or they are evil.

Since I pissed off the judge (like Trump will), I can write about the experience of being immediately kidnaped after sentencing. I was persecuted in Nebraska because Keith A. Becker “judge shopped” a place that would accept his malfeasance. So after I was railroaded, I was arbitrarily sentenced to 72 months and kidnaped to a County Jail in NE, where I waited to get shipped to my unknown at that time federal prison. In County I was in a minimum security dorm – for about 6 weeks – with other minor offenders from Nebraska who I “celebrated” Christmas 2015 & New Years 2016 with, wondering how this happened to me.

Then I was shipped – like cargo – in the back of a van to Leavenworth, Kansas; where a private prison – run by some private company – is located. I stayed there for about 2 weeks before I was placed on “ConAir”. It was an old 737 supposedly confiscated from El Chapo. Regardless, it was just like flying on South West, only chained up (both hands and feet). But Minimims weren’t “black boxed”, so it was more of an inconvenience than uncomfortable. And the service was about as good as South West’s. Our first destination was Oklahoma City. Where I watched the superbowl with another prisoner that had no business being in prison. While in Oklahoma, you find out where you’re going. My new friend was going to a CAMP in California & I was going to a LOW in Ohio. A few days later (after the 2016 Super Bowl) I was on ConAIr again and after about 8 hours of flying (we went to NYC first), we landed somewhere outside Pittsburgh where we were loaded onto busses. My bus took me to FCI Elkton in Ohio, where -because of population limits – I was placed in the FCI Low, instead of the FSL “Camp” my points required.

The FCI subjects you to a much higher number of hoodlums, who (at a LOW) are more annoying than dangerous. You are really in no danger at a MINIMUM or LOW security BOP facility. It really is “Club Fed”. Not going to lie, the food before you get to your prison is going to be awful and you will lose weight; but, once you’re at prison, it’s actually diner quality, think Denny’s. The sleeping quarters are dorm, like what you saw in Full Metal Jacket. Bunks, sparsely furnished and cleaned daily. How clean everything is will be your second surprise after the quality of the food.

Your next surprise will be how friendly everyone will be, even most of the guards. To be sure, some inmates are just being friendly to see if they can get something from you, but they are the exception not the rule at Elkton. This is even more so at the FSL (I was housed in both during my kidnapping) where life is more like a bizarre summer camp than prison. Hoodlums aren’t allowed at the FSL, so everyone just serves their time like they’re trapped at a kid’s summer camp, exercise (treadmills, steppers), playing sports (baseball, kickball, pickle ball, basketball, volley ball (in a sand pit) and Frisbee golf & soccer on a soccer field) in addition to card and board games, watching TV and movies. Reading books and doing arts and crafts (painting, crochet & ceramics – yes they had a kiln).

Your next surprise will be how many people readily admit their guilt to you & just complain about their absurd sentence. For an example of this absurdity, I met a guy who told SSI that his mother died; but, they failed to stop the direct deposits to her account (which he had power of attorney over). So, he used the money to pay for her funeral and other expenses. When he got caught, he wanted to just pay the money back, nope US Gestapo wouldn’t accept that, they wanted prison time, so he got 30 days! Talk about a phenomenal waist of time & money!

Anyway, when Trump goes to federal prison, he’ll go to a CAMP or a LOW, where he’ll be with his constituents (A majority of both Guards and Inmates loved him in 2021). So, he’ll get special treatment & better food than the other inmates. Although, he’ll hate it because he’s used to being pampered and you definitely don’t get pampered in prison (there are no soft surfaces), but I’m told it’s way better than being homeless. Some sad sacks told me Elkton’s meals were the best they ever had. Imagine if Denny’s was your best ever meal. WOW just WOW. Of course since Trump claims to love McDonalds he might love Elkton’s food too.

Trump, like me, will also soon decide that none of the people at his prison actually need to be there for any legitimate safety purpose and are actually there because people don’t like them or what they did, not because they’re dangerous. And that’s what makes America a police state. Police States lock up people they don’t like, non-police states only lock up people who are actually dangerous.

bookmark_borderThe immense ramifications of the NIT Warrant fiascos

That the DOJ is a corrupt organization (specifically the FBI & DEA) is accepted as fact by a majority of citizens. A DC Magistrate just ruled on the latest example of such corruption.

An ethos of “the ends justifies the means” permeates most of law enforcement in America. When this occurred exactly is difficult to ascertain; but, the “War on Drugs” (which replaced the War on Poverty in the 1970s) appears to be the likely starting point of it being pervasive. I actually think it got its start in 1928, as Judge Brandeis warned in his dissent:

To declare that – in the administration of criminal law – the end justifies the means, to declare that the Government may commit crimes in order to secure conviction of a private criminal would bring terrible retribution.

Olmstead v. United States – Justice Brandeis

Brandeis was affirmed in Katz v. United States, but that left 39 years for law enforcement to develop unconstitutional methods (i.e the ends justify the means). In other words, the damage was already done because bad habits had taken hold and persist to this day.

For example, Keith A. Becker (and his minions) obtained an obviously illegal NIT warrant(s) to commit a heinous crime to catch those committing equally or less heinous crimes. Digest that fact for a moment. Operation Torpedo, (then Pacifier) consisted of Keith (and his clowns) actively distributing CSAM – completely unfettered – for weeks! Then (to catch people committing equal or lessor crimes), they fraudulently obtained a warrant to install malware on visiting machines. As I’ve explained before, Operation Torpedo consisted of legitimate and illegitimate malware schemes. Pacifier’s malware was legitimate as well; but, the courts ruled that “Leon” applied to the NIT warrant without considering that Pacifier was the second time Keith used that illegal warrant scheme. (My FOIA lawsuit aims to shed light on that criminality).

What I’m saying is that the ends justifies the means law enforcement ethos is unconstitutional and un-American. And more people should label it as such, so we can eradicate it before we are really subject to an unfettered American Gestapo.

bookmark_borderThe Backpage Persecution

For anyone who doubts the vindictiveness of the DOJ, one needs to look no further than the backpage.com case. But there are plenty of other examples, like this decade old case against Aaron Swartz. Sadly, like Aaron, Jim Larkin committed suicide before this third ridiculous trial began.

As you can see from the case link above, the Judge in this third trial has thrown out most of the remaining charges against Lacey (because they are baseless) and proves that Kamala Harris is not a good person.

But since our justice system is severely corrupt, there will be no consequences for any of them. Just look at my open Letter to Josh Stroschein, who can face no consequences for his misdeeds in my case but refuses to engage in a dialog.

Update 8-30-2024: So it looks like the Injustice Department got its pound of flesh from Michael Lacey via their Backpage persecution. This case – among many others (including mine) – proves that most of America’s criminal justice activities are like those of any authoritarian police state (e.g. over-criminalization & zero accountability for prosecutor misconduct).

Hopefully, Mr. Lacey will be exonerated on appeal, but in a system as corrupt as ours, I wouldn’t bank on it.

bookmark_borderPerfecting an Appeal Shouldn’t Be Difficult

I’m trying to appeal the nonsensical decision made by a lower court concerning my SORA level. I should be a Tier 1 (not on the website) per two health care professional assessments. This is especially true since the second assessment was done by the professional that provided my Court Ordered treatment.

It’s not a problem that Court’s make mistakes, that’s just apart of being human. The problem is that most Courts have a propensity to pretend that they don’t occasionally make mistakes or wrong judgements. (As far as judges are concerned, they never make mistakes; which is absurd on its face.) This is especially true when their mistake was based upon false evidence and they refuse to acknowledge it.

My dilemma for both my original conviction and this ridiculous SORA determination are based upon false evidence presented by the government at the initial stages of the proceedings. Trying to correct these falsehoods is proving to be far too difficult for our justice system to claim legitimacy. It’s just totally corrupt to allow the government to lie at an initial proceeding then declare that nothing can be done about it after that initial hearing.

Which brings us to the title of this post. I’m trying to “perfect” my appeal to the Appellate Division, Fourth Department and all they have provide me with is a rules of practice (because they cannot give legal advice). I don’t consider how to compose “the record” legal advice. I’ve got a letter into my previous lawyer to provide me with a copy of the record she used, to give me a template on how to compose my record for my current appeal.

My appeal is simple, the lower court’s decision is baseless nonsense, please vacate and reverse; but, they are making it ridiculously complicated.

bookmark_borderHail Mary Fail

My “petition” to the Supreme Court was rejected out-right, as one apparently has no permission to appeal circuit court denials of §2255(h) petitions. The fact that the Eighth Circuit didn’t explain its denial makes my path forward undetermined. In of the words, that rejection puts my 2255(h) litigation on hold until my FOIA litigation completes. Hopefully, it’ll uncover the smoking gun(s) that technological ignorants can comprehend.

I presented evidence to the Eighth Circuit that proved my conviction was obtained fraudulently, satisfying 2255(h)(1). The government argued that the evidence wasn’t “new” and that it was merely impeachment evidence. Both claims were absurd & false.

IOW, The premise that our justice system is fair is ludicrous.