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_borderFOIA Update

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

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_borderOpen Letter to Josh Stroschein Ph.D

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

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…