06 December 2007

KingCast tells Defendants Montminy and Franconia: Sorry the dog cannot eat your homework or your RSA 91-A responses; time for Partial Summary Judgment

If the reasonableness of the search is challenged, as it is in this case, the agency must “demonstrate ‘beyond a material doubt’ that the search was reasonable.” Truitt v. Dep’t of State, 897 F.2d 540, 542 (D.C. Cir. 1990) (quoting Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344, 1351 (D.C. Cir. 1983), cited in Kean v. NASA, 480 F. Supp. 2d 150 (2007). "Positive indications of overlooked materials do cast doubt on the adequacy of a the Freedom of Information Act search. On the other hand, mere speculation that as yet uncovered documents may exist does not undermine the sufficiency of an agency's search."

In this case it is not speculation: I showed you in this post that the Defendants failed to produce responsive documents including McKay's narrative at pp. 99-101 and court filings issued by McKay, so there enough Bad Faith to fill the Easton Valley.

Accord Oglesby v. U.S. Dep't of the Army, 287 U.S. App. D.C. 126, 920 F.2d 57, 68 (D.C. Cir.1990). Want something from the First Circuit, something newer than Oglesby? Well it's not as new as Kean, but let's try Caton v. Norton, 2005 DNH 76; 2005 U.S. Dist. LEXIS 7769 May 2, 2005 "Caton's showing of bad faith also entitles him to discovery on the issue of the adequacy of the response to his initial FOIA request." The government eventually met its burden of demonstrating the absence of Bad Faith in Caton, which it most assuredly has not done here.
Busted.

7 comments:

Christopher King said...

Busted:

Date: Mon, 3 Dec 2007 08:13:18 -0800 (PST)
From: "Christopher King" kingjurisdoctor@yahoo.com Subject: Re: costs for copying
To: "Daniel J. Mullen" dmullen@ranspell.com
CC: kingjurisdoctor@yahoo.com

Dear Mr. Mullen:

Thank you for the prompt response; I'll forward a check this week, along with the redlined documents I forgot to give you when we met on Friday.

Also, any word on p. 99 as mentioned in this post?

http://christopher-king.blogspot.com/2007/11/kingcast-meets-with-franconia-counsel.html

Also note for Attorney Mullen and the Free World:

I was correct on the pagination of the Bruce McKay narrative. It is on pp. 99-101 of the AG RSA 91-A Investigative files that I hosted online, in which he admits to violating Due Process principles in the 2003 arrest of Liko Kenney by stating that he:

1. Based his Probable Cause on a "high-crime area," which the Court struck down because Judge Cyr ruled that every cop knows you can't do that, and;

2. Lit the vehicle with headlights and bar mounted taken down lights, which of course seized Liko Kenney without Probable Cause, when Judge Cyr ruled every cop should know that.

Whoops.
By Christopher King, at 1:02 PM

Christopher King said...

Date: Thu, 6 Dec 2007 09:58:57 -0800 (PST)
From: "Christopher King" kingjurisdoctor@yahoo.com

Subject: KingCast moves for Partial Summary Judgment.

To: Kelly.Ayotte@doj.nh.gov, Jeffery.Strelzin@doj.nh.gov, Nancy.Smith@doj.nh.gov, James.Kennedy@doj.nh.gov, bud.fitch@dohj.nh.gov, dmullen@ranspell.com, wchapman@orr-reno.com

*******************
Dear Attorney Mullen:

Your client is busted. What a total Bad Faith Party they're throwing out there; I'm more than happy to crash it. I feel comfortable going all the way to Washington if necessary.

Now I know why you never answered my question.

And BTW I have it on Good Faith that the 150+ responses will be sent to your client so I'm asking the Court to continue jurisdiction on that. If the court doesn't do that I'll just sue again.

Best regards,

Christopher King, J.D.

http://christopher-king.blogspot.com/2007/12/kingcast-tells-defendants-montminy-and.html

06 December 2007

KingCast tells Defendants Montminy and Franconia: Sorry the dog cannot eat your homework or your RSA 91-A responses, time for Partial Summary Judgment.....

Christopher King said...

Date: Thu, 6 Dec 2007 11:30:59 -0800 (PST)
From: "Christopher King" kingjurisdoctor@yahoo.com Addendum to KingCast Partial Summary Judgment
To: Kelly.Ayotte@doj.nh.gov, Jeffery.Strelzin@doj.nh.gov, Nancy.Smith@doj.nh.gov, James.Kennedy@doj.nh.gov, bud.fitch@dohj.nh.gov, dmullen@ranspell.com, wchapman@orr-reno.com

*************

You can say a lot of things about me but you can NEVER say I don't tell you what's coming down the pike. In this case all the way down I-95 to Washington, DC.

Can't find the video from Sarah's arrest?

Can't find Troy Watt's Complaint?

Cant' find McKay's 2003 Use of Force Report?

Can't find McKay's 2003 Arrest Report?

......Well at least one of those is hogwash because it was in the investigative files. Attorney Mullen's lil' Mickey-Mouse brief will never stand the Test of Time. The only thing that is going to stand the Test of Time is the Truth, and thus far the Defendants have been pretty short on any of that.



http://christopher-king.blogspot.com/2007/12/kingcast-tells-defendants-montminy-and.html

06 December 2007
KingCast tells Defendants Montminy and Franconia: Sorry the dog cannot eat your homework or your RSA 91-A responses, time for Partial Summary Judgment

Anonymous said...

Caton v Norton(department of the interior) is really about how government employees willingly,knowingly and purposely conspired to perpetrate fraud on bidders/contractors in 2000 and those same government employees then conspired to withhold that information (even though Caton himself had read in 2003 those very same documents that the DOI refused to release to him under FOIA).....and the case continues ...even to the point of being covered up/white washed by their own agency(Inspector Generalof the Department of Interior)and those very same government employees are still trying not to be deposed under oath for their actions in current litigation

Christopher King said...

You bet.

Over the past several days I have been thinking of bringing one of the dog-eat-homework posts to the top, so thanks for the addition, your words will be up front and center in just a few moments.

Namaste.

Christopher King said...

And here's the update post.

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