Tuesday, October 30, 2012
KingCast presents Iqbal and Twombly lain bare to Politico's Scott Wong and Manu Raju in Kelly Ayotte First Amendment case.
This is a searing video, you bet. And the circumstances justify it. Everyone Plaintiff-side lawyer knows that Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly are the Psylla and Chrybdis of Plaintiff/First Amendment/Civil Rights Law. Creepy counsel for Defendants and disingenuous judges who don't want to hear certain types of cases can just send you packing by saying the magic words, "Iqbal and Twombly" even with those cases don't apply to the facts at hand. Then you as a Plaintiff are left to appeal and to hammer your points home and hope for the best, which is exactly what I am doing here in my Free Press First Amendment Appeal in KingCast v. Ayotte, NH GOP and Nashua PD. They beat people involved in videotaping them. They won't dare go there with me but I'm sure some of them would love to, including Defendant Hargreaves. He's a real ass.
While I am of course arguing all portions of the case, including those in which an Iqbal/Twombly analysis could come into play, in my First Assignment of error my point is that a clear cut pattern of disparate treatment obviates any application of Iqbal and Twombly. While I may make it a separate Assignment of Error (I dunno, I wrote these a long time ago and when you revisit them you view them differently) I also argue that it was reversible error for the Court to refuse to allow me to file a Third Amended Complaint because the Nashua Police Department committed certain acts in violation of the First Amendment during the pendency of my case so there is no way I could have raised them earlier. Some of these acts indirectly referenced the First Amendment efforts of Yours Truly in exposing their antipathy toward the First Amendment vis a vis Nashua resident Mike Gannon (and Pamela Reynolds).
It is important for Politico writers Scott Wong and Manu Raju (as well punk-assed NYC writer David Shankbone who makes a cameo in the short film) to understand what is really going on here from someone who has actually won First Amendment trials and helped shape First Amendment Law in Nashua, NH with the help of elected officials no less, as noted in this video. For more read the Appellate Rule 27 Memoranda.
Saturday, October 20, 2012
Wednesday, October 17, 2012
KingCast tells Kelly Ayotte, NH GOP and Nashua PD: "We're going to SCOTUS on your First Amendment hatred and racism!"
KingCast v. Ayotte Rule 27 Appeal
Oh, yah. Watch for my filing later today, I guarantee it will throw them for a loop, hahahahaaa.... meanwhile sports fans, hit the PayPal email@example.com if you approve this message.... Kelly Ayotte has a flipping HUGE defense fund and she's got a war chest infinitely larger than mine I'll guarantee you that.
Tuesday, October 9, 2012
KingCast and Judge Arthur Schack put a stake through IndyMac and Fein, Such & Kahn's hearts in IndyMac v. Meisels, 2012 NY Slip Op 51902.
Lender Processing Services watching me like a hawk and I am watching them watching me. To hell with you, remember that phone call in the video where I talk with Bethany Hood and then get referred to legal.... and never get a call back. Fuck you.
Let me clear my throat and say it again: Fuck. You.
Well it was an unpublished Decision, until it hit the Internet that is LOL.... Can you imagine that, foreclosing in the name of an entity that didn't exist at the magic moment? Well sadly it is nothing new and as I note, Judge Paul Barbadoro let a Linda Green robo-signature and a post hoc Sand Canyon assignment stand in a New Hampshire Fraudclosure case. At least one of his brethren saw differently on the exact same issue in another case, Drouin v. Option One NH Dist. 11-CV-596. But as far as that stake goes, His Honor's analogy was so apropos.... and to that stake up front I will add a size 10 John Varvatos boot to the can and break them both off. Then throw them in a shallow grave and spit on it. Sadly President Obama and challenger Mitt Romney sidestep the meat of the issue. As noted in today's feature presentation it is law firms like Phelan, Hallinan & Schmieg and Fein, Such & Kahn that are ruining this Country, along with the Judges who allow them to run amok. Well they might own a lot of the judges but they don't own the internet and they certainly don't own me.
Phelan, Hallinan calls cops on innocent homeowner seeking information.
Fein, Such & Kahn run scared of KingCast/Mortgage Movies cameras.
Thursday, October 4, 2012
2012 Presidential Debate #1: KingCast & Mortgage Movies see Romney and Obama ignore the harsh truth on RESPA and foreclosure fraud: It's all about the Qualified Written Request responses that Courts allow banks to ignore.
Take your time with this journal entry so you can fully comprehend what is going on in a nutshell. There is a new short film coming as well. Start first by watching the short film above by pro se litigant Lorayne Souders in Pennsylvania, 12-CV-01074 (Central Dist). She busted the bank for tax fraud on the REMIC issue with an IRS 211 complaint and she is notifying the Court on it. BoA lawyers ignored her QWR request. They were tardy on removal and then lied to the Court about the date of service, she had the certified mail receipts. Not only that, first they said BONY Mellon had no interest in the subject property but then BONY sued for foreclosure and then withdrew it. All of this started after the bank started returning her mortgage payments for no reason at all. I told her in an email yesterday the Court is stalling on her case and that she should prepare for the worst because Courts typically bend the pro se litigant over and nail them as hard as they can because they cannot stand for a revolt on the Plantation. Neil Garfield addressed the matter yesterday as well. It is called "The Wall Street Rule." Here are the salient paragraphs from her Judicial Notice.
3. The Defendants Bank of America, and Bank of New York Mellon, Trustee for CWABS 2007-12 violated the Internal Revenue Code (IRC). The Sections of the IRC which were violated are §§860A-G, §§860D(a)(4) §§860G(A)(3)(A)regarding REMIC status.(Real Estate Mortgage Investment Conduit)
4. The Defendants violated the 90 day requirement imposed by the IRC to ensure that the trust remains a static entity. The date of August 1, 2007 is the last day any mortgages can enter this trust.
Short film coming this morning. This is a straight up text message from last nights Presidential debate between President Barack Obama and Mitt Romney:
Me: "Then they mention dodd frank without mentioning how the banks don't get forced to respond to RESPA LAW mandating answers to consumer info. requests about loan history and documents... These banks are ALL cheating uncle Sam because the goddamn notes never reach the REMIC trust. The REMIC is nonprofit tax free. Instead the notes are being sold and resold often overseas..... It's all a fucking joke but I am not laughing."
And the President is well aware of the corruption and deceit in the banking World, he signed his name to a lawsuit against Citibank back in the Day. The real crime in this is that the Courts seldom hold banks accountable for their actions. When they do, the result is often settlement as noted above in Vought v. Bank of America, 10-CV-02052 (Central Dist. Illinois) because the banks know they have committed fraud on several fronts. I will post the Motion for Settlement tendered by Bank of America later, along with the forensic examination of Cecilia B. May's refi in California. I am aware of the corruption and deceit too. I managed a title insurance company. I attended Barney Frank's Hubert Humphrey award ceremony this spring. Heck, I worked in the very same AG office as CFPB Director Richard Cordray and his assistant Kent Markus is the man primarily responsible for me being hired on after I was a law clerk during law school so I have been there, done that. Now I report about it to the consternation of many judges, banks and their lawyers.