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This message was self-deleted by its author (laserhaas) on Mon May 1, 2017, 09:34 AM. When the original post in a discussion thread is self-deleted, the entire discussion thread is automatically locked so new replies cannot be posted.
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FBaggins
(27,014 posts)Hire does a district court "restrain" the Senate from voting on a nomination?
laserhaas
(7,805 posts)becoming top prosecutor over Al Capone cases?
The question you should be asking is...How does a Clerk of Court get the Juducial authority to block a case?
Your wuestion...my question...is one for Judicial review.
Trump got his copy, as did Sessions and the SEC. The DOJ has been all over my websites. They lnow once my Complaint gets docketed, they are screwed.
So they are rushing through this "unscheduled" vote, last minute before the weekend.
Come Monday, once the vote is done, the Clerk is going to close my case (that it never opened) under the "moot" doctrine.
As if my 16 yr battle is going to end with another abuse of process. Geniuses are guaranteeing my case - they've been blocking for 16 years - will finally get a day in court.
OOPs!
FBaggins
(27,014 posts)If he was, then the Senate would have the authority to stop it... the courts couldn't put a restraining order on the Senate's constitutional role in confirming appointments.
The question you should be asking is...How does a Clerk of Court get the Juducial authority to block a case?
What case? You mention only an attempt to get a federal district court to do something that they wouldn't have the constitutional authority to do. You haven't demonstrated that you correctly filed anything that the clerk could receive.
laserhaas
(7,805 posts)You have no corridor
FBaggins
(27,014 posts)You seriously walked up to a federal court and said: "you should stop the Senate from voting on this nomination" and expected them to listen? And I'm the one babbling?
Was your law degree in a Cracker Jack box?
Methinks there's a Lincoln quote that you should recite over and over until it sinks in.
laserhaas
(7,805 posts)FBaggins
(27,014 posts)A quick search shows that no court or attorney believes that you even have a case (including a number of DU legal experts)... but that's not relevant to this story.
Even if he is partners with three racketeering firms and even if he is somehow complicit with actual crimes and objectively "unfit"... a federal court still doesn't have the authority to put some sort of restraining order on the US Senate to keep them from voting on his nomination.
The appropriate remedy for an unfit appointee is a "no" vote in the Senate... not a "fool for a client" court filing.
Response to FBaggins (Reply #7)
Post removed
FBaggins
(27,014 posts)I'm avoiding "battling - on point" ???
My very first post was THE only relevant point for the thread. You can't ask a federal court to put a restraining order on the US Senate to keep them from voting on something that is exclusively within their constitutional powers. Period. Full stop.
You haven't made a single point to refute that. (You know... like an example of any court doing anything similar at any time in US history???)
laserhaas
(7,805 posts)at a victim proves my point.
You don't have to read this thread! It's called cognitive process.
The rules here forbid you from making personal attacks. I blovked you until someone emailed me and asked me to respond.
Either stick with a particular argument, based on legitimate debate, or I'll block you again.
You are making other victims upset.
FBaggins
(27,014 posts)Since you have yet to provide a single piece of evidence to the contrary. Come on... this should be easy, shouldn't it? Just provide ONE example of a court keeping the US Senate from voting on a nominee.
The rules here forbid you from making personal attacks.
I haven't made any. That's in your imagination (as it seems is your "case" . "Fool for a client" was intentionally in quotes to point out that it was our 16th President who made the (entirely true) analogy.
Either stick with a particular argument, based on legitimate debate, or I'll block you again.
Oh dear! However, will I sleep at night? I have stuck with a particular argument... which was to educate you on the Constitutional separation of powers.
You are making other victims upset.
I recommend they hire an actual attorney if they're upset. I haven't commented on what was done to them and have no opinion on etoys or events of decades ago. I merely pointed out that you didn't know what you were talking about.
laserhaas
(7,805 posts)Do you want this Goldman Sachs lackey in as head of the SEC?
What's your motivation for attacking victims (in essence defend Wall Street fraudsters and corrupt federal agents)?
Dont you give a dang that a Clerk of Court is illegally blocking my Complaint from being filed?
Whose side are you on?
FBaggins
(27,014 posts)That was the point of the correction in the first place.
Do you want this Goldman Sachs lackey in as head of the SEC?
I don't know anything about him. Being a Trump appointee obviously makes it unlikely that I'm going to be a big fan... but I've expressed no opinion other than to tell you that the courts have no power to do what you're asking them to do.
Dont you give a dang that a Clerk of Court is illegally blocking my Complaint from being filed?
The point you keep missing is that this never happened. The Clerk did exactly what you should expect him/her them to do when some guy types up a piece of paper asking the court to block the US Senate from taking a vote.
So here's another exercise for you: You claim that the clerk acted illegally. What law did he/she violate?
Whose side are you on?
The side of educating people who don't understand what they're talking about?
laserhaas
(7,805 posts)that I don't know what I'm talking about.
Your just a newbie Laser hater and thats a big club.
Last chance....argue legitimate...or be 🚫
FBaggins
(27,014 posts)Seriously... you think that concerns me? I'm perfectly happy to correct your ramblings for others without having you see them.
laserhaas
(7,805 posts)early on in the case.
Etoys chief justice allowed that. (docket item 300)
FBaggins
(27,014 posts)That's why the petition cited the relevant code sections to the court. (Not the "destruction of evidence" of course... but the destruction of business records with court permission.
Note - this is the step that you're lacking. Your filing needs to tell the court that they have jurisdiction to even hear the case, and that there is a legal basis for the relief that you're requesting. Of course, I know that you didn't provide that because no such jurisdiction or basis exists.
Absent even making a legal claim... of course the clerk is going to toss you out the door.
laserhaas
(7,805 posts)Clerks have NO (zero) authority to violate due process rights. The LAW commands they docket the case, immediately upon reception.
Your wasting everyone's time
Im done with you.
FBaggins
(27,014 posts)... then you do of legal procedure.
Clerks have NO (zero) authority to violate due process rights.
You haven't demonstrated that one did.
The LAW commands they docket the case, immediately upon reception.
Cite the law that commands this. Don't worry... I won't hold my breath.
Im done with you.
I've got news for you. You were "done" when you first tried to invent reality on what the court could do.
FBaggins
(27,014 posts)You said that you "filed" this with the Federal District Court in DC. Here's their rule:
LCvR 7
MOTIONS
(a) STATEMENT OF POINTS AND AUTHORITIES.
Each motion shall include or be accompanied by a statement of the specific points of law
and authority that support the motion, including where appropriate a concise statement of
facts. If a table of cases is provided, counsel shall place asterisks in the margin to the left
of those cases or authorities on which counsel chiefly relies.
And... right above that:
(g) INCORRECT FILINGS AND TECHNICAL DIFFICULTIES
(1) The Clerk may direct a party or non-party to re-file a document that has been
incorrectly filed, or to correct an erroneous or inaccurate docket entry.
IOW - Your claims that your due-process rights were violated or that the Clerk acted illegally are... nonsense
Other relevant rules:
LCvR 65.1
TEMPORARY RESTRAINING ORDERS AND PRELIMINARY
INJUNCTIONS
(a) APPLICATIONS FOR TEMPORARY RESTRAINING ORDERS.
An application for a temporary restraining order shall be made in a motion separate from
the complaint. The application shall be accompanied by a certificate of counsel, or other
proof satisfactory to the Court, stating (1) that actual notice of the time of making the
application, and copies of all pleadings and papers filed in the action to date or to be
presented to the Court at the hearing, have been furnished to the adverse party; or (2) the
efforts made by the applicant to give such notice and furnish such copies. Except in an
emergency, the Court will not consider an ex parte application for a temporary restraining
order.
Did you appropriately inform the US Senate of your request for a restraining order?
Toby719
(12 posts)First of all an original filing is a, complaint; and it most certainly is not a motion.
A clerk can't "direct" a party until one has a dam case number; and that's the issue here. The clerk is required, by the law, to docket all filings; which would result in a case number.
Neither Mr. Haas, nor I, know what your motivation is; but I'm beginning to be sorry I asked him to get me started here. I thought this was a place for Democrats to fight Republicans. Not to fight each other. This stance you have of finding fault, where there is none, is wickedness.
FBaggins
(27,014 posts)![](/emoticons/sarcasm.gif)
A clerk can't "direct" a party until one has a dam case number; and that's the issue here. The clerk is required, by the law, to docket all filings; which would result in a case number.
Sorry. That's simply incorrect. It isn't a filing until it's accepted and there's no evidence that he has come close to an acceptable filing. There is no court that will give you a case number in such circumstances.
LCvR 5.1 - G
NONCONFORMING DOCUMENTS.
A document that does not conform to the requirements of this Rule and Fed. R. Civ. P.
10(a) shall not be accepted for filing.
Neither Mr. Haas, nor I, know what your motivation is;
He seems to be quite certain what that motivation is... as do you. You're both convinced that it's some imagined hostility toward the victims of some prior offense. Nothing could be farther from the truth. Not knowing any of the actual facts, I have no opinion on events that did or did not take place 15+ years ago. I'm commenting on this OP - which claims that the author tried to get a federal court to place a restraining order on the US Senate. I politely corrected the author that such a thing is not possible - whether we like it or not.
I thought this was a place for Democrats to fight Republicans. Not to fight each other.
Then stop fighting. You've been given valid advice. It was his failure to listen to that advice that was the "fight".
In reality - there was no fight because he had no a leg to stand on.
Toby719
(12 posts)Certainly, it could not be that of a legal professional; because you appear to be making things up in a disingenuous manner, just to fit your contrary, pro bad guys and anti Laser Haas agenda.
No Clerk of Court may deny a complaint to be filed.
As for your purported FRCP (Federal Rule Civil Procedure) 10(a) this is what it actually states and the link corroborative.
http://www.law.cornell.edu/rules/frcp/rule_10#rule_7_a
Rule 10. Form of Pleadings
(a) Caption; Names of Parties. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.
Both Mr. Haas and my husband have been after justice for more than a decade; and have filed a hundred items in that time, collectively. Never, in the entire ten years plus, has a clerk of court arbitrarily refused to docket am item, until now.
I find it very convenient that such a time semsitive document is being prevented from being entered into the record; which only benefits Trump's agenda.
This is the Law of our nation.
Each document not properly forwarded is a violation of 18 U.S.C. § 2076, which provides for a fine and up to one year in jail. Each document concealed or destroyed is a violation of 18 U.S.C. § 2071 and provides for a fine and up to three years in prison:
" a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term âofficeâ does not include the office held by any person as a retired officer of the Armed Forces of the United States."
FRCP Rule 5(d)(2): "A paper is filed by delivering it: (A) to the clerk" FRCP Rule 77 (a) "When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order."
notably in United States v. Lombardo, 1916, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 and more recently in Milton v. United States, 5 Cir., 1939, 105 F.2d 253, 255. The latter case points out that all that is required on the part of a person filing a paper with an official is 'merely the depositing of the instrument with the custodian for the purpose of being filed'. (See Palcar Real Estate Co. v. Commissioner of Internal Revenue, 8 Cir., 1942, 131 F.2d 210; Schultz v. United States, Ct.Cl.1955, 132 F.Supp. 953, 955; McCord v. Commissioner of Internal Revenue, 1941, 74 App.D.C. 369, 123 F.2d 164, 165; Central Paper Co. v. Commissioner of Internal Revenue, 6 Cir., 1952, 199 F.2d 902, 904. (Johansson v. Towson, 177 F. Supp. 729 (M.D.Ga. 02/17/1959).) [emphasis added.]
The filing of a paper takes place upon the delivery of it to the officer at his office. Milton v. United States
These are case cites and facts.
And the question still begs. Who or why are you so motivated to defeat our quest for justice?
Why are you arguing to let a wolf guard the henhouse, so that Goldman Sacks and Bain Capital can continue to get away with frauds?
FBaggins
(27,014 posts)He has elsewhere on DU admitted that he flunked out of high school. On the other side of that same coin, he has rejected the legal opinions of multiple experts (including any number of court justices up to and including the 9th circuit court of appeals).
So I ask again: Why pretend that he cares about actual expertise? I'll just say that it's solidly in between those two levels.
No Clerk of Court may deny a complaint to be filed.
That's a common misconception. A clerk can't reject it solely due to improper form. But that does not at all mean that the clerk must docket everything it receives. Some guy walks in off the street with a piece of paper purporting to be a complaint about reduced property values caused by the sun unfairly rising exclusively in the East - and the clerk will absolutely not accept the filing. When the court lacks the jurisdiction to even hear the case and lacks the power to order the requested remedy... you're pretty much stuck in "frivolous lawsuit" territory.
Question - Why do you think they have a stamp that says "Received but not filed" if the clerk must file everything you give her?
As for your purported FRCP
You appear to have an imaginary interlocutor. I gave you the rules for the court that he claims wronged him. They said that documents that don't conform to their rules and 10(a) "shall not be accepted for filing". Perhaps you should go tell them that they don't understand the rules?
Both Mr. Haas and my husband have been after justice for more than a decade; and have filed a hundred items in that time, collectively.
Have they ever filed one that... you know... actually ended up winning?
Never, in the entire ten years plus, has a clerk of court arbitrarily refused to docket am item, until now.
Have they ever requested something that the court lacks the power to grant in an area for which the court lacks any jurisdiction?
I find it very convenient that such a time semsitive document is being prevented from being entered into the record;
You seem to share Haas' mistaken belief that getting something "entered into the record" grants it some magical weight (hint - it doesn't). One would think that multiple times having things "entered into the record" yet finding that his claims were held to be entirely without legal merit... would open his eyes. Apparently not.
These are case cites and facts.
They sure look like them... don't they? Unfortunately... what they aren't are relevant cites/facts.
And the question still begs. Who or why are you so motivated to defeat our quest for justice?
Actually the question still begging is why you desperately need to believe that anyone correcting your misunderstanding must want to "defeat your quest for justice". I've said multiple times that I simply don't know enough about the original scenario to form an opinion for or against. From the beginning I merely pointed out that you can't ask a court to do something that it lacks the power to do. It's laughable that he actually thinks that he can walk into court and tell them how bad someone is... and walk out with a court order telling the US Senate that they can't vote on a confirmation.
If I give you all benefit of the doubt - then the correct remedy is to petition the US Senate to vote down his nomination.
Toby719
(12 posts)Nor half baked disingenuous and erroneous findings of facts that are not real.
You win. He is threatened again. But neither he, nor will I, be silenced, by people fighting against us, on the side of Bain Capital and Goldman Sachs.
Tomorrow, after Jay Clayton is confirmed, this evening, Mr. Haas is going after the bad faith parties in a completely different way they are not prepared for.
Nothing can stop it.
They need, actually must have, everybody to be false and collectively aligned in the schemes to victimize.
All we need is for one person who won't be compromised
Just one key person calling facts = facts!
Then this house of cards will collapse completely.
FBaggins
(27,014 posts)It makes it look too much like a sock puppet when you just parrot the same word choice and behaviors on your first five posts. (On edit - Oh good! You edited out "babbling banter". Too much of a giveaway, eh?)
You win. He is threatened again.
Strangely lacking in the thread are any threats of any kind.
Nothing can stop it.
Unlike every court case he's ever been involved in, right?
As long as he hasn't admitted defeat, it hasn't happened, right? The Black Knight's got nuttin' on him!
Your next DU account should be "TisButAScratch!"
Toby719
(12 posts)It is waste of time and you are disingenuous to the nth degree.
FBaggins
(27,014 posts)One might say EXACTLY like him.
I look forward to meeting your next personality.
laserhaas
(7,805 posts)And let them stay on a case?
Your argument that no court case may seek to address issues of 1st impression - is absurd. First impression federal questions are the very thingy federal courts ecist to address.
laserhaas
(7,805 posts)Your legal expertise is - obviously - lacking.
And the real foolish thing to do, is to side with the bad guys
.......for FREE
Paul Traub and gang get paid...very well...for joining the dark side.
laserhaas
(7,805 posts)Toby719
(12 posts)his accounts and allegations.
The fraud Goldman Sacks and Bain Capital have done destroyed my and my husbands lives.
I've personally met with Laser Haas many times. He warned me and my husband, in advance, when a very infamous person was released from prison early.
That's when a man we tried to help, attempted to hurt my husband and was shot dead in mid-2010.
I'm not familar with how to put the article here. But I can tell you it is all true, we do have a case, and Laser Hass is the only guy left, we are counting on, to help us get justice.
I don't understand why so many here take pleasure in finding fault of victims. It makes no frigging sense to me.
laserhaas
(7,805 posts)Also don't want to make you upset.
I could put the link here, to your husbands vex; but it would also out you, as to who you are. I caution against such; because I don't know who these people are, who attack us / defend "them" for inexplicable reasons.
Big stuff is going to happen, once they confirm this despot (Clayton) tomorrow evening.
[br][hr][br]
p.s. Glad your mom is doing better
Toby719
(12 posts)posturing. It is, as if, Traub is hiring someone to destroy you, so no one looks at the facts.
FBaggins
(27,014 posts)The current list of those who have been purchased apparently includes multiple federal courts and Obama's DOJ.