Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

Lisa-Page-after-meeeting-lawmakers-Capitol-Hill-ap-640x480
(AP Photo/Manuel Balce Ceneta)AP Photo/Manuel Balce Ceneta)

https://www.breitbart.com/politics/2019/10/25/michael-flynn-lawyers-accuse-fbi-of-laying-trap-withholding-evidence/?utm_source=newsletter&utm_medium=email&utm_term=daily&utm_campaign=20191025&utm_content=Final

Former FBI lawyer Lisa Page leaves following an interview with lawmakers behind closed doors on Capitol Hill in Washington, Friday, July 13, 2018.
JOEL B. POLLAK
25 Oct 2019

Lawyers for former National Security Advisor Michael Flynn reportedly filed a motion on Thursday in which they allege that the Department of Justice manipulated a document to frame their client and is withholding exculpatory evidence.
The apparent “sealed” filing, dated October 24, 2019, was posted to social media on Thursday evening.

US v Flynn; DE 129-2 by Techno Fog on Scribd

The filing by Flynn’s new legal team, which took over the case several weeks ago, argues that the Federal Bureau of Investigation conducted an “ambush-interview” of Flynn in the White House not to discover any evidence of criminal activity, but to coax him into making false statements.

When Flynn’s new lawyer Sidney Powell first made those allegations in September, prosecutors replied that she was indulging in “conspiracy theories” and noted his client had already pleaded guilty to the crime of lying to the FBI in 2017. Flynn has been awaiting sentencing since then, and even told the sentencing judge in 2018 that he would not claim FBI misconduct, despite growing evidence that they had departed from normal practice in interviewing him and had only completed their “302” — the report of their meeting — after he had already been forced to resign from his position in the administration over the allegations.

The new defense filing alleges that the government is refusing to turn over a mountain of potentially exculpatory evidence, some of which has begun to emerge in the media — either through leaks or through ongoing inquiries into the origins of the probe into alleged Russia “collusion” with the Trump campaign, later found not to exist.

That evidence, Flynn’s legal team alleges, includes an apparent admission by former FBI lawyer Lisa Page — who resigned after being discovered having an affair with agent Peter Strzok, with whom she shared anti-trump texts — that she had edited the 302 — something that she allegedly told FBI investigators she did not recall, the filing states.

The edits, the filing alleges, were substantive: they included a claim that Flynn said he did not discuss any sanctions with the Russian ambassador. Flynn’s lawyers allege he merely told the FBI he did not recall, and that the claim he said otherwise was added only after a transcript of his discussion with the ambassador had been leaked to the media.

In a footnote, the filing adds that former FBI general counsel James Baker “is believed to be the person who illegally leaked the transcript of Mr. Flynn’s calls to [Washington Post reporter David] Ignatius.” It also alleges that former National Intelligence Director James Clapper told Ignatius to “take the kill shot on Flynn.”

The filing emerged hours after reports that the Department of Justice had shifted its investigation of the origins of the Russia probe to become a criminal investigation under the supervision of prosecutor John H. Durham.

Flynn was subject to surveillance — allegedly in response to claims that he might have violated the Logan Act, an archaic and rarely-enforced law barring private citizens from diplomacy — during President-elect Donald Trump’s transition to office. Flynn’s name was then unmasked in the transcript of his telephone conversation with then-Russian Ambassador Sergey Kislyak, which was then leaked illegally.

Flynn’s subsequent prosecution for lying to the FBI was key to the “Russia collusion” theory, later found to have no substance after a lengthy investigation by Special Counsel Robert Mueller that took nearly two years to complete.

Critics have alleged that Mueller may have induced Flynn to plead guilty by suggesting that the government had more evidence of “Russia collusion” than it actually did.

This story is developing.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He earned an A.B. in Social Studies and Environmental Science and Public Policy from Harvard College, and a J.D. from Harvard Law School. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

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Ex-wife of Georgia lawyer fears for her safety after he allegedly killed his mother

190211-jenine-merritt-richard-merritt-cs-259p-949dfa65a7dfe1c5b8
“We’re tired of looking over our shoulder and we’re looking for closure and to move on with our lives,” Jenine Merritt says of herself and their two children.
Feb. 11, 2019, 4:56 PM EST
By Janelle Griffith
https://www.nbcnews.com/news/us-news/after-georgia-lawyer-allegedly-killed-his-mother-ex-wife-fears-n970281

The former wife of a disbarred Georgia attorney who allegedly stabbed his mother to death said she is scared for her and her children’s safety.

A nationwide manhunt is underway for Richard Merritt, who police said removed his court-ordered ankle monitor before allegedly killing his mother Feb. 2 and stealing her 2009 silver Lexus. He has been on the run since, according to DeKalb County police.
Image: Richard Merritt and his ex-wife, Jenine.
Richard Merritt and his ex-wife, Jenine.Courtesy of Jenine Merritt

“We’re terrified,” Jenine Merritt told NBC News on Monday, referring to herself and their two children, who are 12 and 14. “We’re terrified because of what we know he’s capable of now.”

Richard Merritt, 44, was scheduled to surrender to authorities Feb. 1 in Cobb County, after he was sentenced to 15 years behind bars and 15 years on probation for stealing hundreds of thousands of dollars from elderly clients between 2014 and 2017. After the conviction, he had been given until Feb. 1 to “get his affairs in order.”

On the eve of the date he was supposed to report to jail, Jenine Merritt said he threatened her life in a late-night phone call.

He was “clearly drunk,” she said, saying her ex-husband “is a serious alcoholic.”

Richard Merritt was verbally abusive on a regular basis, but had never before physically threatened her, she said.

The Merritts divorced in 2018 after 19 years of marriage.

Jenine Merritt added that she is “horrified” by the death of her former mother-in-law, Shirley Merritt, describing her as “a good mother and grandmother.”

“That part does not feel real to us,” she said. “And maybe, once we move on to the point where we’re not scared for our safety, we can really begin the grieving process, which we need to do.”
190211-shirley-merritt-cs-301p-949dfa65a7dfe1c5b80a4a16a46f2e6e
Image: Shirley Merritt
Shirley Merritt Courtesy of Jenine Merritt

Richard Merritt is now the subject of a nationwide search, Frank Lempka, an inspector with the U.S. Marshals Service, said.
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He may have shaved his head in an attempt to change his appearance and should be considered armed and dangerous, the Marshals Service said. The agency is offering a $5,000 reward for information that leads to his arrest.

Richard Merritt filed multiple medical malpractice claims for his clients and later admitted in court that he pocketed much of what they had won. He used the settlements on personal expenses including vacations, authorities said.

“We lost our home, we lost everything we had,” Jenine Merritt said of her ex-husband’s conviction. “I had no idea that he had done these things to these poor people that trusted him and needed him.”

She also said she had no idea her then-husband was paying for their vacations with stolen money and would not have participated if she had known.

She believes it is only a matter of time before he is caught.

“We’re tired of looking over our shoulder, and we’re looking for closure and to move on with our lives,” she said.

I have a problem with all this. He and his wife divorced to tie up the money Rich had been stealing. She still has money from the people Rich stole the money from.
And since when does someone go and cut off the ankle monitor? The story that I heard was that after he killed his mom, he went to Cartersville and cut the ankle monitor off and hopped on a plane at the Cartersville airport (very small airport). That’s just what I heard.
I also can’t imagine why he was still out walking around anyway.
The other thing that I heard was that Rich and the Cobb County DA were really good friends.
One thing that is fact for sure, Rich Merritt was asst attorney general in GA for about 15 years, thus why he had so many friends in the legal world. The victims were afraid that he would get no time for his crimes. Everyone was shocked at the stiff sentence he got. They give murderers that length of time.
No matter, they obviously had not planned on Rich killing his Mama…

New York’s Lawyers and Judges Behaving Badly, From New York Law Journal

https://www.law.com/newyorklawjournal/2018/12/30/lawyers-judges-behaving-badly/
Tara-Lenich-Article-201612051956
Tara Lenich, admitted to forging judicial orders to run illegal wiretaps on a fellow prosecutor and a New York City Police Detective, sentenced to one year in prison in early 2018.

Edmund-Duffy
Edmund Duffy’s five-decade legal career, during which he rose to prominence as the former heard of the China practice at Skadden, officially ended 02/08/2018, when he was automatically disbarred after he pleaded guilty to possession of child pornography.

AP-Robert-Cicale-web
A Suffolk County District Court Judge was suspended from the bench after he was arrested and charged with burglary. He was caught with women’s underwear that he allegedly stole from a private residence.

Evan-Greebel-Article-201710202147
Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, was sent to prison for working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

ravelo-keila-Article-201810091948
Keila Ravelo was sentenced to five years for conspiring to defraud her former law firms and clients out of $7.8 Million, using bogus litigation vendors. Prosecutors said that the former Hunton & Williams and Willkie Farr & Gallagher partner used the money to fuel a lavish lifestyle.

Frank-Aquila-Article-201809281858
Prominent M&A partner Frank Aquila deleted his Twitter account after tellling White House Press Secretary Sarah Sanders she should “Rot in Hell You Bitch” for defending Sen. Lindsey Graham amid the Senate Judiciary Committee hearing on sexual assault allegations against Brett Kavanaugh.

Aaron-Schlossberg-Article-201805171926
Manhattan attorney Aaron Schlossberg’s rant against employees speaking Spanish at a Mexican Restaurant provoked a firestorm on social media.

Anna-Lushchinskaya-Article-201812142118
Another viral video captured a second New York City lawyer who directed racially charged comments at bystanders.

Gavel-and-Book-Article-201710162142
“Egragious and outragesou” conduct by ex-Mintz Levin associate Anthony Jacob Zappin during his pro se legal war with his former wife, also an attorney, led to his disbarment.

Judicial-Robe-Article-201712011528
New York’s high court unanimously said that Civil Court Judge Terrence O’Connor’s “intemparate” and “inappropriate” behavior in the courtroom were bad enough, but his decision to not cooperate with an investigation into his actions also contributed to his removal from the bench.

From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
==============================
Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out on www.lendinglies.com.
I provide advice and consultation to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out the REGISTRATION FORM.
A few hundred dollars well spent is worth a lifetime of financial ruin.
PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORM WITHOUT ANY OBLIGATION. OUR PRIVACY POLICY IS THAT WE DON’T USE THE FORM EXCEPT TO SPEAK WITH YOU OR PERFORM WORK FOR YOU. THE INFORMATION ON THE FORMS ARE NOT SOLD NOR LICENSED IN ANY MANNER, SHAPE OR FORM. NO EXCEPTIONS.
Get a Consult and TERA (Title & Encumbrances Analysis and & Report) 202-838-6345 or 954-451-1230. The TERA replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
==========================
Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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The Awans and Wasserman Schultz Threaten To Destroy the Deep State (Part 2) thecommonsenseshow.com


The Awans and Wasserman Schultz Threaten To Destroy the Deep State (Part 2)
http://www.thecommonsenseshow.com/the-awans-and-wasserman-schultz-threaten-to-destroy-the-deep-state-part-2/

There are multiple freight trains headed the way of the Deep State. I know it is hard to believe that Hillary will ever spend a day behind bars. However, after reading this 3 part series, it is hard to believe that she will not. If it one thing to dodge one bullet. It is another to dodge a volley of bullets fired at point blank range and that is what key members of the Deep State are facing, especially Hillary.

The Clinton email investigation by Comey and the IG report provided Federal authorities with enough to prosecute Hillary Clinton, John Podesta, Debbie Wasserman Schultz, Comey, McCabe, Paige, Strzok, Paige et al.

Keep in mind, the FBI never looked at the content on the DNC server. Many feel that would have implicated Podesta in th murder of Seth Rich. The IG report stopped just short of implicating Obama in the fake Dossier which should be sending Loretta Lynch to prison along with Rosenstein.

In Part One, I detailed how McCain, Clinton and Obama are implicated in the formation and providing material support for terrorists including ISIS. Previously, I exposed Clinton and Obama for Benghazi and the attempted cover up that they sanctioned, with regard to gun running, drug dealing and child-sex-trafficking. Benghazi, as I previously revealed was conducted to cover up these crimes, just 7 weeks before the 2012 election.

Huma Abedin and Anthony Weiner have tapes on virtually all of these events according to a deep cover FBI source. I have written about this a number of times, maybe now, people are ready to connect the same dots I did back in 2016.
Comey and Clinton

Comey’s investigation was actually very complete and produced actionable evidence that should have sent Hillary to prison for life. Comey excoriated Clinton and then as he was reeling her in for the kill, he cut the line, exonerated her, and let America’s biggest snake slither into the darkness. The investigation could be characterized as “EXCORIATION TO EXONERATION”.
The IG Report

The IG report convicted the FBI of illegal surveillance of private citizens, collusion to plant false evidence, and most of all, flagrant violations of the Hatch Act. The Hatch Act prevents Federal employees from working to influence and publicly supporting a candidate, or in Trump’s case, working to block the election of a candidate.

The IG Report followed the same exact strategy of EXCORIATION TO EXONERATION. The American people have been made aware of the fact that crimes were committed, but are told the crimes are not sufficient enough to warrant indictments. Therefore, the same pattern of EXCORIATION TO EXONERATION REMAINS IN PLAY!

America should be in the streets with pitchforks over thes two failures to indict, but instead of people like Clinton doing the perp walk, the perps are walking. However, this may change. There are two very serious revelations surfacing that even a compromised IG cannot ignore, without being charged with obstruction.

As a side note, many people have told me to back off against my crusade against Attorney General, Jeff Sessions. They say he is playing a game of deception and he and Trump have a plan to play dumb until it is time to spring the trap. Sorry, I don’t believe in Santa Claus. However, Sessions, in the face of this new overwhelming evidence, will have only two choices: (1) Resign, or, (2) Indict and Prosecute.
Wasserman Schultz Could Bring Down the Deep State IF She’s Not Murdered

Wasserman Schultz got away with her role in the death of Seth Rich because her brother, a federal prosecutor in Washington DC intervened and got the investigation into Seth Rich’s murder stopped. I wrote extensively about this in the Summer of 2016.

However, Wasserman Schultz and her good fortune is about to come to an end. It is common knowledge that Awan was given access to classified material by Wasserman Schultz, some of it very Deep State orientated. Now, Awan and his wife have entered a guilty plea to a minor bank fraud charge. In light of all that they could have been charged with, only a minor bank fraud charge is being brought against them? There is a deal in there and it is going to have major implications on the release of the DNC tapes and Wasserman Schultz’s connections to Podesta and Clinton and their criminal activities. I have been told by a reliable informant that Awan has provided information against Wasserman Schultz and Podesta. If only one of these two turn state’s evidence, then it is over for Wasserman Schultz and ultimately Hillary Clinton. And if Clinton falls, so does the Deep State. Subsequently, Debbie Wasserman Schultz is about to slip on a banana peel. Why? Debbie Awan has a deal with the DOJ, separate and apart from her husband. If she makes the deal with the DOJ it goes back to good ‘ole Debbie Wasserman Schultz. She is the key to concealing DNC voter fraud and the murder of Seth Rich and the Pizzagate scandal. Therefore, the Awan’s present a double-barreled threat to the Deep State.

This opens up avenues to John Podesta and most importantly, Hillary Clinton. OMG, the Deep State can not afford to have Clinton investigated because it will open up everything from child-sex-trafficking to organ harvesting and how the Clinton Foundation is at the heart of all of this and their main target. The best investment in town may be to invest in a life insurance policy for Wasserman Schultz. If she’s lucky, she will only be charged and convicted for obstruction of justice and aiding and abetting.

More dirt is continuing to come out on the Awan brothers. The charges border on treason and sedition, but they have gone away.How? IT is a called a plea deal. Wasserman Schultz had to have known the extent of their criminality as they destroyed evidence which would have implicated her. Here is the entire story and it is shocking. Please keep in mind the following represents old news that I previously revealed. This is why I am so frustrated with Jeff Sessions, I revealed this information two years ago and it was easy to find.

Conclusion

The Awan-Wasserman Schultz connection won’t be the only bombshells that are coming the Deep State’s way. There is a star witness that will be testifying to the Senate Intelligence Committee this week. And this witness knows where all the bodies are buried, as this person served in two administrations, and I guarantee you that this witness will not fall on their sword and this person is too public to murder. This will be the topic of Part Three along with the retaliatory options the Deep State has in their arsenal.

2015 AJC Article About Georgia’s Corrupt Judges. Nothing Has Changed, But They Aren’t Still Going After Judges

A 2015 article, in AJC about Georgia Judges:
http://www.myajc.com/news/local/justice-for-judges-you-have-the-right-remain-silent-your-honor/x4ICZOux5H5B5MVG6LCeaJ/

Justice for judges: You have the right to remain silent, your honor
atlanta-news …
Posted: 1:06 p.m. Wednesday, July 29, 2015


More than five dozen Georgia judges have stepped down from the bench in disgrace since the state’s judicial watchdog agency began aggressively policing ethical conduct eight years ago.

More lately, however, the jurists aren’t just leaving the court in disgrace. Some are leaving in handcuffs.

Earlier this month, former North Georgia magistrate Bryant Cochran was sentenced to five years in prison by a federal judge who said Cochran had destroyed the public’s faith in the judiciary. In June, a one-time influential chief judge from Brunswick was indicted by a Fulton County grand jury. And a specially appointed district attorney is now considering similar charges against a former DeKalb judge.

These criminal prosecutions were brought after the state Judicial Qualifications Commission launched investigations of the judges. Instead of being allowed to step down from the bench and return to a law practice, these judges are hiring criminal defense lawyers.

“I don’t remember seeing anything like this — so many judges facing criminal prosecution,” said Norman Fletcher, former chief justice of the Georgia Supreme Court. “I do think it puts a black cloud over the judiciary.”

Cochran, a Murray County magistrate for eight years, was convicted of orchestrating a plot to plant drugs on a woman shortly after she publicly accused him of propositioning her in his chambers.
Related
Photos: Georgia judges booted from the bench
Photos: Georgia judges booted from the bench

When Angela Garmley, of Chatsworth, appeared before Cochran in April 2012 on a routine legal matter, Cochran said he’d grant her a favorable ruling in exchange for sex, prosecutors said.

Garmley previously told The Atlanta Journal-Constitution that Cochran told her he wanted a mistress he could trust and asked her to return to the courthouse the next day wearing a dress with no underwear.

Instead, Garmley went public. Days later, she was arrested after a traffic stop in which police claimed to have found a container of methamphetamine stuck to the bottom of her vehicle. The charges against her were soon dismissed, and a subsequent GBI and FBI investigation led to the case against Cochran.

All told, the magistrate was convicted of six counts, including one that he sexually assaulted a county employee over a six-year period.

“Cochran used the power of the bench to victimize a citizen seeking justice and to exploit his staff,” U.S. Attorney John Horn said. “There is no greater breakdown in the justice system than when the judge himself violates other citizens’ rights to simply advantage himself.”

‘I actually hoped that I would die’

Just weeks before Cochran was sentenced to prison, a Fulton grand jury indicted former Chief Judge Amanda Williams from the Brunswick Judicial Circuit on two felony counts. She is charged with giving a false statement to the Judicial Qualifications Commission and violating her oath of office.

In 2012, Williams resigned from the bench after being accused of running her courtroom under tyrannical rule and indefinitely locking up drug court offenders. One defendant, Lindsey Dills, was sentenced by Williams in 2008 to indefinite detention in solitary confinement with no outside contact

Dills, previously flagged as a suicide risk, slit her wrists after 61 days in detention.

She survived, saying later on the “This American Life” radio program, “I actually hoped that I would die. But at the point that I figured then, well if I die, great. If I don’t, at least someone will freakin’ hear me.”

The Fulton indictment alleges Williams made a false statement when she told the judicial watchdog agency she gave no direction to the sheriff’s office regarding Dills’ incarceration.

Williams’ lawyers declined to comment on the charges.

Investigation continues into DeKalb judge

Meanwhile, another state prosecutor is considering similar charges against former DeKalb Superior Court judge Cynthia Becker.

Becker stepped down in March after the commission launched an investigation into her handling of the high-profile corruption case against former Schools Superintendent Crawford Lewis.

Shortly before trial, Lewis pleaded guilty to a misdemeanor obstruction charge. Prosecutors agreed to recommend Lewis be sentenced to 12 months on probation if he provided truthful testimony against Pat Reid, the school district’s former chief operating officer, and Reid’s ex-husband, architect Tony Pope.

Reid and Pope were convicted, but Becker found that Lewis had not been truthful in his testimony. She declined to honor the probation deal, saying she intended to sentence Lewis to a year behind bars for his “abhorrent” behavior and for “the words I heard out of his mouth when he testified.”

Over the next few days, Lewis’ lawyer, Mike Brown, filed a flurry of motions. He asked Becker to reconsider her decision. He asked her to grant Lewis a bond so he could be out of jail until she presided over a hearing the following week.

Becker refused all such requests and said she’d take up the matter when she returned from a trip out of town to attend the Army-Navy game.

‘He never asked for bond’

Becker’s problems stem from her Sept. 8, 2014, appearance before the Judicial Qualifications Commission at the Marietta law office of commission member Robert Ingram.

Right off the bat, members asked Becker about her handling of Lewis’s case. Becker initially responded that she came prepared to talk about a complaint lodged by a woman who said Becker had been rude, not the Lewis case. Even so, she agreed to answer questions about what happened in the days after she sentenced Lewis to one year in prison.

It wasn’t long before Becker gave the commission incorrect information.

“He didn’t ask for bond,” Becker said at one point, referring to Lewis. “Not to me. He never asked for bond. … No one presented me a bond.”

Court records, however, show that Becker knew about Lewis’ request for bond. During an exchange of emails on Dec. 11, 2013, Becker told parties she would not consider the bond until she returned to town the following week.

In March, the judicial watchdog commission filed ethics charges against Becker, including an allegation that she made a false statement when she told the panel Lewis had not asked for a bond. If the commission finds against Becker, it could bar her from serving as a senior judge.

Because Becker made those statements in Marietta, the Cobb District Attorney’s Office has jurisdiction over the case. But Cobb DA Vic Reynolds recused himself, leading to the appointment of Parks White, the district attorney for the Northern Judicial Circuit.

If White obtains an indictment against Becker for making false statements about the bond, he will have to convince a jury she did so willfully and intentionally, not that she was mistaken because she had been caught off guard.

White declined to say what he plans to do.

Becker’s attorney, Brian Steel, said his client did nothing wrong. “She’s a wonderful person, an honorable judge and she committed no crime whatsoever,” he said.


Robes gallery

Over the past decade, dozens of Georgia judges have resigned from the bench. Most have been allowed to retire to spend more time with their families, resume a law practice or, in one case, successfully run for a seat in the state House of Representatives. Here are some of the judges who have had to step down from the bench in the face of ethics or criminal investigations:

Paschal English

Chief Judge Paschal English of the Griffin Judicial Circuit made a name for himself in 2002 as the beloved “Pappy,” one of the final four “Survivor: Marquesas” castaways on the CBS TV show. Eight years later, English abruptly resigned amid revelations he was having an affair with an assistant public defender who had cases before him. During an investigation, it was disclosed that a sheriff’s deputy had caught the two having sex in a parked car.

Johnnie Caldwell Jr.

Caldwell had served as the Griffin Judicial Circuit’s district attorney for 13 years when then-Gov. Zell Miller appointed him to the Superior Court. In 2010, Caldwell stepped down after accusations that he made rude, sexually suggestive comments to a female attorney. Two years later, Caldwell won the Republican primary and ran unopposed in the general election to win the District 131 seat in the state House.

Frank R. Cox

After serving 14 years as Cobb County’s chief magistrate, Cox resigned early this year citing undisclosed heath issues. At the time, Cox was under investigation concerning complaints about his judicial temperament and how he treated people in his courtroom. During a hearing last December, for example, Cox aggressively questioned an alleged victim of domestic abuse about her heritage and why she wasn’t married to a man with whom she had four children.

Kenneth Nix

Kenneth Nix served a decade in the state House before becoming a judge in Cobb County. In 2010, Nix was the chief judge of Cobb’s Superior Court when he abruptly announced his resignation. He admitted he had “flicked” the bottoms of a prosecutor and investigator after they sat in his lap posing for a photo. The two women countered with a public statement that it was a “sex crime,” not a playful touch. Nix died of pancreatic cancer in 2012.

Shirley Wise

The state Judicial Qualifications Commission referred its initial investigative findings about Wise, the Camden County probate judge, to the state attorney general’s office, which then appointed a district attorney to prosecute her. In 2012, Wise pleaded guilt to the theft of vital records fees and to a kickback scheme involving a county services contract. She was sentenced under the First Offender Act to seven years probation, fined $1,000 and ordered to pay $5,500 in restitution. She also agreed not to seek or accept appointment to public office.

William F. Lee Jr.

Lee, of the Coweta Judicial Circuit, was one of Georgia’s longest-serving Superior Court judges when he stepped down in 2012. Lee, who served 37 years, said at the time he was leaving office on his own terms. But he was facing an ethics investigation for cutting a deal for a convicted sex offender without notifying the victim or the prosecution.

David Barrett

In 2012, David Barrett, then chief judge of the Enotah Judicial Circuit, made national news when he pulled out a handgun in his courtroom. He had pretended to offer his pistol to an uncooperative witness, saying if she wanted to kill her lawyer she could use his gun. Barrett may have been making a rhetorical point, but he soon resigned in the face of an investigation.

Jack Camp

In October 2010, U.S. District Court Judge Jack Camp was arrested in an undercover sting when he showed up, armed with two handguns, with an exotic dancer to buy drugs. He had been paying her for sex and together they began using marijuana, cocaine and a synthetic form of heroin. Camp, appointed to the bench by Ronald Reagan in 1987, pleaded guilty to federal charges and was sentenced to 30 days in prison. Before he was sentenced, Camp revealed that he had long suffered from a misdiagnosed bipolar disorder and brain damage from a bicycling accident more than a decade earlier.

Douglas Pullen

Douglas Pullen was the district attorney in Columbus before being appointed in 1995 to the Superior Court for the Chattahoochee Judicial Circuit. In 2011, Pullen stepped down and agreed never to seek judicial office again shortly after a special prosecutor began investigating allegations that a Chattahoochee circuit judge tipped off targets of an undercover FBI operation. Pullen later changed his mind and tried to revoke his agreement with the Judicial Qualifications Commission not to seek judicial office again, but in February the state Supreme Court rejected Pullen’s bid to do so.

From Our Friends at Living Lies Weblog: CitiMortgage Must Face Class Action for False notarization of Documents in Foreclosures


CitiMortgage Must Face Class Action for False notarization of Documents in Foreclosures
https://wordpress.com/read/feeds/95852/posts/1614247594
Oct 3, 2017

Where is the prejudice in requiring the foreclosing party to prove its case with facts raather than presumptions?

There are two big takeaways: (1) Courts are getting more curious about what really happened in the mortgage meltdown and (2) this is one more example of how the TBTF banks are not entitled to any legal presumptions regarding their documents.

Research always shows that a fact is presumed in certain cases — but only in the absence of questions about the credibility of the party who proffers a document from which the legal presumption arises.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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see https://www.reuters.com/article/citimortgage-foreclosures/9th-circuit-revives-lawsuit-over-citimortgage-foreclosure-records-idUSL2N1MD245

What the banks have done is (1) create self-serving documents and then (2) fabricate other documents that rely upon the facts stated or implied in prior fabricated documents. The “greater weight” (piles of false documents) of the evidence falsely leads judges to presume that all that paper must mean something even when it is all trash.

Like other objections or motions in limine practicitioners should strive for a ruling that the foreclosing party must actually prove the facts that they want to be presumed. That includes the funding of the loan, the payment for the loan, and whether any so-called “transfers” were anything more than some words scratched on a piece of paper. They must prove facts not receive the benefit of a legal presumption or factual assumption.

Transfer documents (e.g., assignment of mortgage) and endorsements imply that a purchase took place. Whether such a purchase took place or not, the documents read the same. The error is in assuming the transaction took place when the source of the document has at least questionable credibility. Credibility questions arise whether it is Wells Fargo in creating fake financial accounts and then charging fees for them, Citi fabricating signatures and notarization, BofA or US Bank appearing as the injured party, or Chase claiming to own WAMU loans that not even WAMU had on its books. It’s obvious that the players are

Credibility questions arise whether it is Wells Fargo in creating fake financial accounts and then charging fees for them, Citi fabricating signatures and notarization, BofA or US Bank appearing as the injured party, or Chase claiming to own WAMU loans that not even WAMU had on its books. It’s obvious that the players are allin on the same “game,” to wit: keeping ivnestors and homeowners in the dark while the banks trade “paper.”

That includes the funding of the loan, the payment for the loan, and whether any so-called “transfers” were anything more than some words scratched on a piece of paper. They must prove facts not presume them. Transfer documents and endorsements imply that a purchase took place

Transfer documents and endorsements imply that a purchase took place because it is obvious that nobody goes around giving mortgage loans away. The “presumption” that the foreclosing parties want to use is that there must have been a purchase transaction in real life — facts — as opposed to the presumption that a transaction occurred in which one party purchased a loan from another party.

The presumption to the contrary in the context of hundreds of thousands (perhaps millions) of cases in which documents were fabricated, forged, robo-signed, and falsely notarized leads the courts to a false conclusion and the denial of the homeowner’s basic defense: this foreclosing party has no right, title or interest in my loan and doesn’t represent anyone who does have a right, title or interest in the debt, note or mortgage.

It is wrong for a court to ignore the 50 state settlement, the consent orders and the many cases in which borrowers were successful in undercutting the claim that the foreclosing party had legal standing.

Consider this: if the foreclosing parties really were acting legally, why wouldn’t they want to prove it? That would certainly discredit borrower defenses and send a message to foreclosure defense lawyers that these loans are real and the transfers were in fact purchases. Where is the prejudice in requiring the foreclosing party to prove its case with facts raather than presumptions?