mortgage movies foia media exemption reply to u.s. trustee attorney larry wahlquist

6
CHRISTOPHER KING, JD. http://KingCast.net http://MortgageMovies.blogspot.com [email protected] 617.543.8085/m 617.507.8031/f 2 August 2011 VIA OVERNIGHT U.S. MAIL Re: FOIA Request and Unchecked presence of mortgage fraud in Ingress foreclosure case, Hillsborough South Case No. 2010-CV-571: http://www.youtube.com/watch?v=Qai4X9bUSNI (video embedded at Attachment 1) http://www.youtube.com/watch?v=1_lwjNvqdcI (video embedded at Attachment 2) Re: Dereliction of Duty by U.S. Trustee Lawrence Sumski and Counsel Larry Wahlquist in Leslie Crepeau Bankruptcy Case: http://www.youtube.com/watch?v=y5mtCjSioKE (video embedded at Attachment 3) Dear Attorney Wahlquist: First of all regarding your footnote about not receiving my 21 March, 2011 letter all I can say is perhaps you need to have a word with your Manchester U.S. Trustee client because I am clearly seen passing that letter to the clerk in this video with the instruction to forward it to counsel… meaning you. They forwarded the prior request so they know the routine. This is simply further indicia of Bad Faith from that office: http://www.youtube.com/watch?v=y5mtCjSioKE

Upload: christopher-king

Post on 07-Mar-2015

7 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Mortgage Movies FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

CHRISTOPHER KING, JD.http://KingCast.net

http://[email protected]

617.543.8085/m617.507.8031/f

2 August 2011 VIA OVERNIGHT U.S. MAIL

Re: FOIA Request and Unchecked presence of mortgage fraud in Ingress foreclosure case, Hillsborough South Case No. 2010-CV-571:

http://www.youtube.com/watch?v=Qai4X9bUSNI (video embedded at Attachment 1)http://www.youtube.com/watch?v=1_lwjNvqdcI (video embedded at Attachment 2)

Re: Dereliction of Duty by U.S. Trustee Lawrence Sumski and Counsel Larry Wahlquist in Leslie Crepeau Bankruptcy Case:

http://www.youtube.com/watch?v=y5mtCjSioKE (video embedded at Attachment 3)

Dear Attorney Wahlquist:

First of all regarding your footnote about not receiving my 21 March, 2011 letter all I can say is perhaps you need to have a word with your Manchester U.S. Trustee client because I am clearly seen passing that letter to the clerk in this video with the instruction to forward it to counsel… meaning you. They forwarded the prior request so they know the routine. This is simply further indicia of Bad Faith from that office:http://www.youtube.com/watch?v=y5mtCjSioKE

Page 2: Mortgage Movies FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

I am in receipt of your FEDEX letter dated 1 August 2011 and in return provide you with this overnight letter noting that your perfunctory (read: nonexistent) analysis of my status as a bona fide member of the media is incorrect and will be appealed should I not hear from you on or before 9 August, 2011.

To wit:You cited a case in Bad Faith and cut off the rest of the paragraph so I have to call you on it right here and right now Counselor. You had better watch for an Ethics Complaint against you if you persist in this sort of deceit: From the Government’s own FOIA guide first the part you included in your letter to me, then in red the part you omitted:

See also Brown v. U.S. Patent & Trademark Office, 445 F. Supp. 2d 1347, 1356-57 (M.D. Fla. 2006) (finding that plaintiff has not shown "that he is a freelance journalist with a 'solid basis for expecting publication'" (quoting agency regulation). But see Hosp. & Physician Publ'g, 1999 WL 33582100, at *3, *5 (ordering agency to apply news media status to plaintiff even though plaintiff had not gathered news in past but expressed intention to do so in future; noting that requester represented that information received "will eventually be disseminated to the news media," that it will "not receive any income from its news gathering activities," and that "any windfall to the commercial aspect of its business will be negligible")

Have you actually read Brown? I have. Well the Appellate case you cited contains no vital information so I pulled the original case from Lexis, and it informs this case:

First of all Brown didn’t even identify himself as media representative at the early stages, as I have. Further, he was “profiled” but did not actually have any hosted stories or material as I do, not to mention the fact that my journal is replete with information noting that I am part of two different feature length documentary films on Mortgage Fraud. Frankly I think Brown got the proverbial shaft because he was an unpopular Plaintiff and I am sending him a copy of this letter to tell him so.

************Nonetheless, you probably shouldn’t forget the fact that my requests are all based in New Hampshire, in which case the Home State has already ruled that website owners such as myself are indeed full-fledged journalists who may avail themselves of the privileges and protections appurtenant. See Mortgage Specialists v. Implode Explode Heavy Industries (NH Supreme Court Rockingham No. 2009-262 May 6, 2010).

The record supports the following facts. Mortgage Specialists is a mortgage lender. Implode operates a website, www.ml-implode.com, that ranks various businesses in the mortgage industry on a ranking device that it calls “The Mortgage Lender Implode-O-Meter.” On its

Page 3: Mortgage Movies FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

website, Implode identifies allegedly “at risk” companies and classifies them as either “Imploded Lenders” or “Ailing/Watch List Lenders.

Branzburg v. Hayes, 408 U.S. 665, 704 (1972) (quotations and citations omitted). The fact that Implode operates a website makes it no less a member of the press. In light of the trial court’s implicit findings, we conclude that Implode’s website serves an informative function and contributes to the flow of information to the public. Thus, Implode is a reporter for purposes of the newsgathering privilege.

The function and reality of Implode Explode and Mortgage Movies – featuring actual NH, California, NJ court action are identical with respect to this analysis. Just because you do not care for, or are ignorant of the law in the Forum State that the Feds must apply does not give you the right to deny my media payment exemption.

Moreover you ignored the following indisputable fact of which I already announced:

In KingCast v. Kelly Ayotte, NH GOP and Nashua PD, NH Dist 2010-CV-501, Magistrate Judge Landya B. McCafferty expressly found that “Plaintiff is an African-American Journalist.”

As to my function, it is indisputable that by and through all of my websites, but particularly through Mortgage Movies Journal, as a former LE Attorney and licensed title insurance producer I regularly (almost daily) publish periodicals read by hundreds every day and “provide information as primarily benefitting the general public,” per National Security Archive v. Dep't of Defense, 880 F.2d 1381 (D.C. Cir. 1989) as cited in Electronic Privacy Information Center v. D.O.D., Civil Action No. 02-1233 (2003). I have email mailing lists, online registered followers at Chris King’s First Amendment Page and Mortgage Movies Journal and many many more who follow informally.

Nor are my efforts of a commercial interest as contemplated by the government’s own FOIA Fee Waiver guide:http://www.justice.gov/oip/foia_guide09/fee-waivers.pdf

In sum:Congress, borrowing from both the Court of Appeals for the District of Columbia Circuit's opinion in National Security Archive v. DOD and the OMB Fee Guidelines has now statutorily defined a "representative of the news media." This subcategory includes "any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience."

Additionally, Congress incorporated into the statutory definition the OMB Fee Guidelines' definition of "news" as "information that is about current events or that would be of current interest to the public."

Page 4: Mortgage Movies FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

The new statutory definition also addresses the potential growth of alternative news media entities by providing a non-exclusive list of media entities.

Finally, the statutory definition specifies that freelance journalists shall be considered representatives of the news media if they "can demonstrate a solid basis for expecting publication through [a news media] entity, whether or not the journalist is actually employed by the entity."

Page 5: Mortgage Movies FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

That’s all I need to say to you at this point. Other major press has run my video and hosted my pictures, including WBZ TV here in Boston and many others. As you already know, New England News and Press brought me in as a guest speaker for the 2011 NENPA Annual Trade Show Convention so your denial is not going to be well-taken on appeal. I will try to save you the embarrassment in the a priori sense:

As I am a gentleman, and as I want the record clear, I am going to give you one last chance to get it right.

Respectfully submitted,

/s/ Christopher King, J.D._______________________Christopher King, J.D.

cc: World Wide WebBlind copies