30 April 2011

KingCast stars as Gregor as he issues his Reply Memorandum on Motion to Recuse former McLane, Graf Attorney Lanya McCafferty in Kelly Ayotte, GOP, Nashua PD Free Press racial lawsuit.

One cockroach they can't get rid of, you bet: 
So help me God, if these people think this issue is going to be swept under the rug they are sadly mistaken. As to whether U.S. Supreme Court Justice Elena Kagan believes she should recuse herself because Defendant Ayotte said Her Honor was not fit to sit on the High Court Bench, that is another matter, but don't worry we will get there. Note that Kelly Ayotte has apparently removed the link on her websites stating as much, but not before I took a screen capture and others at the Washington Monthly saw it. Note that Justice Kagan has substantially less grounds for recusal than U.S. Magistrate Landya B. McCafferty. I haven't read their Objection Memoranda and I really don't have to, but of course I will check them before I file but nothing they say can touch this because as noted in this 12 April 2011 journal entry.

May it please this Court and any and all reviewing Courts of Appeal, the law in New Hampshire couldn't be clearer, particularly when it is quite likely that lead counsel Jack Middleton or other McLane, Graf professional staff wrote at least one letter of reference in support of Magistrate Landya McCafferty's ascension to the Federal Bench. In point of fact, it is almost impossible that he did not issue such a letter or oral declaration.

A judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification. Commentary to Canon 3E(1). Such disclosure should operate to avoid any loss or diminishment of public confidence in the courts that might otherwise result. Cf. Blaisdell v. City of Rochester, 135 N.H. 589 (1992). If, upon such disclosure, a party objects to the judge’s participation, the judge must carefully consider whether to step down, applying a third party and not a personal standard.
This case, and the entire set of directly relevant circumstances that led to it read like something out of a Kafka novel. Wherefore Plaintiff/Gregor/KingCast presents the following in his Reply Memorandum in Support of recusal:

From 2004-2006 Defendant Kelly Ayotte, then a New Hampshire Assistant Attorney General, assisted in various prosecutions of Plaintiff/Gregor/KingCast, himself a former Assistant Attorney General. Each of these prosecutions stemming from Plaintiff/Gregor/KingCast's Constitutionally-protected First Amendment statements to former Jaffrey, New Hampshire Police Chief Martin J. Dunn were dismissed and/or nol-prossed as applauded by Daily Kos. This was after Plaintiff/Gregor/KingCast sat through voir dire ready for a trial for Attempted Felony Extortion after Plaintiff/Gregor/KingCast wrote a simple Demand Letter as NAACP Legal Chair that took issue with the fact that a young black man faced three drawn police guns and a visual body cavity search for loitering. Dunn was fired and the dismissal sustained by former NH AG John Arnold and his prosecutor, who twice tried and failed to revoke bail during the pendency of trial, resigned amidst an ethics investigation.

In 2010, Plaintiff/Gregor/KingCast, a documentary film maker who co-chaired at New England News and Press 2011 Annual Trade Conference, and who has a background in journalism prior to law school, attempted to attend several publicly-advertised events relating to the Kelly Ayotte/GOP election campaigns in which paid Ayotte operative and former U.S. Marshal Stephen Monier (Open Secrets) repeatedly harassed Plaintiff/Gregor/KingCast and threatened to call the police on him even as he stood on a public sidewalk. Ayotte and/or Senator McCain, both white people of privilege, denied access to Plaintiff/Gregor/KingCast at every opportunity, in the same manner that McCain ejected the sole black reporter at a prior media event without explanation.

When Plaintiff/Gregor/KingCast brought his Free Press case to Court it was heard by Magistrate Landya B. McCafferty, who clearly has substantial connections to Kelly Ayotte's old law firm because she used to work there. She made every single possible finding of fact against Plaintiff/Gregor/KingCast except for the basic fact that he is a journalist -- and took Monier's word for everything and now the Defendants are trying to use her ruling to shut down the entire case before the onset of Discovery.

This activity countenances blatant disrespect for judicial appearances of impropriety, with Magistrate Landya B. McCafferty taking the helm to issue bogus findings of fact. McCafferty and Ayotte both worked under Ayotte lead counsel Jack Middleton, who is a founding Partner at McLane, Graf et al. Ayotte and I believe McCafferty also worked with Jennifer Parent who is Middleton's co-counsel. Outgoing Magistrate Muirhead trained McCafferty, he is from McLane, Graf. Wherefore Plaintiff/Gregor/KingCast files his Motion for Recusal per 28 U.S.C. §455.

In the First Circuit, U.S. District Court Judge Tauro, recused himself for much less contact
in United States v. Mavroules, 798 F. Supp. 61 (1992).

Florida and other states concur:
Rule 38. Code of Judicial Conduct

Fla. Code Jud. Conduct, Commentary to Canon 3E(1) A judge should disclose on the record any information that he or she believes the parties or their attorneys might consider relevant to disqualification, even if the judge believes there is no real basis for disqualification.

[5] A judge should disclose on the record information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the judge believes there is no basis for disqualification. Florida lawyer Jeffrey Kuntz writes as follows:

Judge Should Recuse Himself if Party Has Reasonable Fear of Bias, Regardless of Actual Bias
In Aberdeen Prop. Owners Assoc. Inc. v. Bristol Lakes Homeowners Assoc. Inc. (4D08-4467), the Fourth DCA reversed the circuit court and ordered the circuit court judge disqualify himself due to the defendants reasonable fear that it could not receive a fair trial. It is not necessarily relevant whether the Judge could in fact provide the party with a fair trial. In this case, the trial judge had a personal situation somewhat related to the issue before the court and, therefore, the party had a reasonable fear it would not receive a fair trial. The Fourth DCA held:
Rule 2.330(f) requires a judge to enter a n order granting disqualification if the motion to disqualify is "legally sufficient." The motion is legally sufficient if it shows the party’s well-grounded fear that the party will not receive a fair trial. .....
In this case the set up was that Defendants would say that Plaintiff "was afforded a lengthy hearing.... etc etc....." which in their eyes equate basically to a trial, without benefit of any discovery of course. Meanwhile an outside observer David Ridley of the Ridley Report -- who does not necessarily agree with Plaintiff on the merits of the case -- noted that Defense counsel were being "evasive" about their identities.

At this point Plaintiff/Gregor/KingCast will address Defendants' baseless arguments in seriatim.........

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