Thursday, January 24, 2019

The Long Arm of the Lawless: the official oppression of Wolfgang Halbig continues

Because I've been helping Wolfgang Halbig defend against the frivolous suits brought by seven Sandy Hook "parents" in Connecticut Superior Court, I'm in a good position to tell the world what's going on in those, how not only the judge, but the clerks, are sabotaging his defense.

He's filed a few motions in this case, the one of longest standing being a motion to dismiss because the court lacks personal and subject matter jurisdiction over him.  "No personal jurisdiction" means the Connecticut court can't entertain this suit against him, because he's a resident of the State of Florida and conducts no business in Connecticut.  "No subject matter jurisdiction" means the plaintiffs don't have standing to sue, because they alleged no injury personal to themselves.  And truly, although every count of their complaint assumes and depends on the making of false statements, they don't state any specific statement, false or otherwise, that Wolf ever made about any of them!  Not one!  Wolf's focus has been on obtaining official reports and documents under state and federal Freedom of Information acts.

So he's had this motion to dismiss pending in these cases--three nothingburgers in which the claims are identical, by the way, and in two of which the plaintiffs are identical, filed solely for harassment--since July 2018.  The court has never decided his motion, instead holding proceedings with the other parties in chambers.  The first status conference was completely without notice to Wolf (and there have been others since, where he received the mailed notice the day the conference took place).  These proceedings constitute prohibited ex parte communications with the judge.  Because of them he filed a motion to recuse (e.g., Doc. 129), detailing several rules of Judicial Conduct which she has violated.  This judge, one Barbara Bellis, has not even decided that motion, which by law she is required to decide before taking anything else up.  All of Wolf's motions were (briefly) on the docket to be heard on January 3rd, 2019, but then were mysteriously taken off, without explanation.  Judge Bellis has ignored everything he's filed. 

The cherry on this sundae of indignities was plopped on last week.  In conjunction with his reply on the motion to dismiss (Docs. 118 and 119), Wolf filed a three-inch-thick stack of exhibits, consisting almost exclusively of his FOIA requests and the inadequate responses (actually nonresponses) by the government, to show the court what he has been up to in Connecticut, obviously protected First Amendment activity.   In fact, I am the one who did the copying and mailing this time, in case FBT-CV18-6081366-S.  Wolf does not file electronically, so, yes, we are dinosaurs who file things by mail.  The copying and mailing job cost $150, and the exhibits were in perfect order in the box, all there, all readable, delivered to the court by UPS by yours truly.  However, the clerk of court, when scanning, mixed pages up.  Exhibits are missing, they are out of order, the first 20 pages of the most important exhibit are appended to another exhibit halfway through the stack, while p. 21 is the first page in the whole stack, and the like.

This is sabotage.  I spoke with the chief deputy clerk of court, one Catherine Nielson, and--holding my tongue--offered my assistance to correct the mess, since I know the order the pages are supposed to be in; and she would not speak to me, since I do not "represent" Wolf.  But this is a clerical matter, and as a concerned citizen I have the right to inquire into the functioning of the court.  Is the box of exhibits even physically still in the court, so that it can be rescanned?  She would not tell me.  If they threw it out, well, that is abuse of public records, a crime.  But when it's the courts committing crimes, there is no remedy.  Wolf asked the court to rectify the situation (Doc. 123); so far this request has been ignored, too.

So Wolf's defense is languishing.  He's the neglected stepchild of the Stepford wives.   The other parties are presently fighting about discovery and are even going to the Connecticut Supreme Court.  Wolf doesn't have a dog in that fight until Ma Bellis has determined she has jurisdiction over him, and this she will not do.

That is likely because Wolf's motion to dismiss is a Catch 22 for the bad guys.  If it's granted, they haven't succeeded in their goal to shut him up via this lawsuit.  He's out of it.  If it's denied, he will immediately begin doing discovery, himself, e.g.:  "Produce the birth certificate, report cards, and vaccination records of Emilie Parker."  Of course that is not on their playbill.

In the meantime, Wolf's devoted friend Leonard Pozner (that's sarcasm, of course), who is suing Sandy Hook skeptics left and right (but, as Anne Berg has pointed out, forgot to sue Pakistan when his "son's" picture appeared on a wall there as one of several students killed by terrorists), opened his eyes to an interesting abuse.  Lenny learned an official with the Bureau of Alcohol, Tobacco, and Firearms had accessed personal information from his driver's license record, in violation of the federal Driver's Privacy Protection Act, and has sued that person and the ATF.  Taking a cue from this Wolf made a DAVID (Driver And Vehicle Information Database) request, himself, to get information about who has accessed his driver's license record.

The result reveals shocking abuses by law enforcement officials, federal, state, and municipal.  I count 13 queries into Wolf's personal information, by the FBI, U.S. Department of Justice, Lake County Sheriff's Office, City of Orlando Police Department, Florida Dept. of Law Enforcement, and Orange County Sheriff's Office.  The stated purposes are "criminal investigation" and "verify identity."  They are all illegitimate.  Wolf has committed no crime.  He is not even under any reasonable suspicion of doing so.  He has not even been stopped for a traffic infraction.  Note the big blacked out portion on p. 3, which means they are not even telling him who made the query, or for what purpose.  The law says he has a right to know!  Also note p. 4, which was the result of a separate request, whereby Wolf learned that he has been falsely typed as a "mental patient" by the Lake County Sheriff's Office.  This is libel.

It remains to be seen what action Wolf will take for these abuses.  In the meantime, welcome to the Soviet States of America, where the police are secretly spying on you and following you and characterizing your activity as criminal, when it is constitutionally protected.