Thursday, August 17, 2006

Keller the Goat

James Keller the prosecutor in our case seems like an intelligent young man who probably had a promising career. Unfortunately he has made the most unwise career choice possible when lining up with unrighteousness. In the Passover ceremony everyone is familiar with the Passover Lamb but few know that there was also a goat. The goat became a colloquialism in the term scapegoat. The scapegoat had the function of symbolizing the sins being cast away. The priest would lay hands upon this animal as transference of the sins of the people for that year and then have the animal cast away from the city to the wilderness. In the New Testament we get this picture of having our sins cast as far as the east is from the west. As this trial winds down and God's ultimate plan of victory is executed these evil men with their false righteousness will look for a scapegoat to lay their hands upon as transference of their sins and to have him cast far away so that they remember their sins no more. I'm afraid I already see this scenario developing for the rookie prosecutor. If he were wise he would seek the Lord while He may be found and look for a glorious exit. He has shown no signs of wisdom as of yet but we would still be kind to keep this man in our prayers so that the evil that is intended for him may not come upon him. Do you remember how children used to do these things in their petty squabbles? Well that is exactly what it is like dealing with these immature grown men. When they reason as children they will behave as children and Keller will be the target. If he remains blind to this inevitable event I put this on the record as a hope to him that the Lord does grant wisdom to those who seek Him and has proven it by telling you in advance what you are precluded from seeing in your rebellion.

23 comments:

kaz4541 said...

Mr. Johnson
Will this still be over in August??
Or are we waiting for the next court date on Sep-5th??

tcob247 said...

kaz

quit asking
he won't answer you

The answer is no

Try this....

Straight from the court:

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA


UNITED STATES OF AMERICA ,No. CR 05-00611 WHA
Plaintiff,
v. ORDER DENYING DEFENDANTS'
DALE SCOTT HEINEMAN, et al., MOTION FOR RECUSAL OF DISTRICT
Defendants. JUDGE WILLIAM H. ALSUP
--------------------------------------------------


This criminal matter is currently pending before District Judge William H. Alsup. On June 26,
2006, defendants Kurt F. Johnson and Dale Scott Heineman filed a document entitled "writ of
mandamus and prohibition," in which they raised a number of challenges to their prosecution, including an assertion that Judge Alsup must recuse himself because he is biased against them. Judge Alsup sent the issue of his recusal to the Court's Executive Committee, and on August 3, 2006, the Executive Committee referred the matter to the undersigned judge. The sole issue before this Court is the matter of Judge Alsup's recusal; the other issues raised by defendants' filing, which are in the nature of mandamus, must be addressed in an appellate setting. Having considered the arguments presented in defendants' moving papers, the Court finds no basis for recusal in this case.

BACKGROUND
During 2004, defendants were the proprietors of a business that claimed to help homeowners
eliminate their mortgages. Defendants' business operated under the "vapor money" theory of lending,
which holds that loans funded through wire transfers rather than through cash are unenforceable.
Defendants claimed that, through a complicated series of transactions, they could take advantage of this and legally eliminate their clients' mortgages.

In 2004, Johnson and Heineman filed a series of lawsuits against mortgage companies on behalf
of their clients, seeking, among other things, a declaration that any mortgages on their clients' properties were void. All fifteen cases were assigned to Judge Alsup, who found each action to be "frivolous and . . . filed in bad faith." See The Francis Kenny Family Trust v. World Savings Bank FSB, No. C 04-03724 WHA, 2005 WL 106792, at *1 (N.D. Cal. Jan 19, 2005). Judge Alsup awarded the mortgage companies in the fifteen actions over $77,000 in attorneys fees and costs, sanctioned counsel for Johnson and Heimeman in the amount of $10,000, sent a copy of his order to the State Bar of California, and sent a copy of his order to the United States Attorney for the Northern District of California based on the possibility that Johnson and Heineman had committed mail fraud and wire fraud.

On September 22, 2005, a federal grand jury indicted defendants on charges of mail fraud, wire
fraud, and bank fraud. The matter was thereafter assigned to Judge Alsup. Based on his previous order, defendants now request that Judge Alsup recuse himself. The Court finds that recusal is not warranted in this case.
LEGAL STANDARD
28 U.S.C. § 455 governs recusal of judges. It provides that a judge "shall disqualify himself in
any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). The
standard used under § 455 is an objective one: a Court must ask "whether a reasonable person with
knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned."
Clemens v. U.S. Dist. Court for Central Dist. of Cal., 428 F.3d 1175, 1178 (9th Cir. 2005). "The
‘reasonable person' in this context means a ‘well-informed, thoughtful observer,' as opposed to a
‘hypersensitive or unduly suspicious person.'" Id.
In general, actions a judge takes as part of his official duties are insufficient to call the judge's
impartiality into question. See id. ("In determining whether disqualification is warranted under § 455(a), we also apply the general rule that questions about a judge's impartiality must stem from ‘extrajudicial' factors, . . . that is, from sources other than the judicial proceeding at hand.") (citation omitted). In such a situation, the standard for recusal is high: "In the instance where the partiality develops during the course of the proceedings, it can be the basis of recusal only when the judge displays a deep-seated and unequivocal antagonism that would render fair judgment impossible." See F.J. Hanshaw Enters., Inc. v. Emerald River Devel., Inc., 244 F.3d 1128, 1145 (9th Cir. 2001).

DISCUSSION
Defendants base their recusal motion on one primary ground: comments made by Judge Alsup
in his order denying their counsel's motion to withdraw in the civil cases they filed in 2004.1
Defendants point to two such comments. First, Judge Alsup referred to their business as "an elaborate Internet scam orchestrated by plaintiffs Scott Heineman and Kurt Johnson." The Francis Kenny Family Trust, 2005 WL 106792 at *1. Second, he stated "[t]he Court here has seen the scam at work. Greater bad faith would be hard to imagine." Id. at *4. Defendants argue that these comments indicate that Judge Alsup "already has a presumption of guilt."

The Court finds that Judge Alsup's comments are insufficient to warrant recusal. "Judicial
remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge." In re Focus Media, Inc., 378 F.3d 916, 931 (9th Cir. 2004) (internal quotation marks and alterations omitted). Judge Alsup's comments easily pass this standard. While the comments condemn defendants' actions,2 they are not particularly hostile. They do not "evince[] a broader, improper design to hurt" defendants. See id. Instead, Judge Alsup's comments are consistent with his finding that the previous civil actions were filed in bad faith and were frivolous.
Nor does the Court find the fact that Judge Alsup referred this matter to the United States
-------------------------------------------------------------------------------------------------------------
1Defendants' motion also raises three other grounds for recusal: (1) that Judge Alsup has a
"current business relationship with [defendants]"; (2) that he is "soon to be a party to a civil action filed
by [defendants]"; and (3) that defendants believe "that at least a half dozen of the alleged victims'
equities are retained in his judicial retirement fund." While the first and third allegations would be
sufficient to warrant recusal if supported by any evidence, see 28 U.S.C. § 455(b), the Court finds that
defendants' conclusory statements – the truth of which is highly questionable – are insufficient to
warrant recusal in this case. As to the second allegation, "[a] judge is not disqualified by a litigant's suit or threatened suit against him, or by a litigant's intemperate and scurrilous attacks." United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986).
2It is worth noting that Judge Alsup's characterization of defendants' business as a "scam" comes
directly from facts provided by defendants in the civil cases they filed.
-----------------------------------------------------------------------------------------------------------------

Attorney's office to warrant his recusal. The referral demonstrates only his belief that the law may have been broken – a belief based upon defendants' own court filings; it does not evidence "a deep-seated and unequivocal antagonism that would render fair judgment impossible." F.J. Hanshaw Enters., 244 F.3d at 1145. A "well-informed, thoughtful observer" would recognize that the referral was not made out of personal malice, but out of a concern, based upon defendants' own statements, that a crime may have been committed. Indeed, elsewhere in his order Judge Alsup demonstrated that his comments and actions did not impact his ability to be an impartial jurist. In awarding attorneys' fees to the mortgage company defendants in the civil actions Judge Alsup found that some of the requested amounts "were inflated or presented [with] insufficient specificity to support the requested amount." The Francis Kenny Family Trust, 2005 WL 106792 at *6. In some cases, he lowered the requested attorneys' fee by more than two-thirds. Id. Such actions are hardly those of one who cannot exercise fair judgment.

Defendants have not demonstrated that Judge Alsup must recuse himself from this matter.
Accordingly, their motion is DENIED.
CONCLUSION
For the foregoing reasons and for good cause shown, the Court hereby DENIES defendants'
motion for recusal of Judge Alsup.
IT IS SO ORDERED.


Dated: August 15, 2006
SUSAN ILLSTON
United States District Judge

you will know them by their fruit said...

What is worse than not siding with God is trying to use God for one's own ill plots.

Currently you are a con-man of the lowest distinction. With every twist of his stories you condemn yourself. The irony is you twist in order to escape judgment and in your twisting you ensure your guilty verdict in final judgment.


A couple pearls but probably wasted.

comebackfromfantasyland said...

prosecutor keller has about as much to be concerned about as alsup's recusal, which turns out is a whopping, huge, big, long awaited,.....nothing at all but wishful thinking.
quaint and uneffective.

god said...

Ohhhhhh!!! This is getting exciting!!!! Even Mr. Fruit man has come back to join the fun. Hahahaha!!!!!!!

son of a prophet said...

from the desk of jim mccanney...



August 17, 2006 posting ... recently an american grandma was accosted and violated as she attempted to fly on a US air carrier ... she had a small container of Vaseline ... this was her crime ... it took 2 US Air force jets ... a federal command center and hundreds of federal agents to commandeer and coral her to "justice" ... does this remind you of the old spoof movie "Airplane" where the security agents are slamming a little old lady against the wall at the airport security checkpoint (clearly the little old lady with her little flower bonnet was US born) while a group of terrorists (arab of course ... the CIA was profiling arabs way back then ... showing who really runs the CIA) with sashes of 50 caliber bullets and machine guns and AK- 47s marched behind the security guards at the air port security check point ??? *%&#%@*$&&%* !!! SEEMS THIS IS NOW THE REALITY OF THE NEW WORLD ORDER ... what is far more amazing is that the SMOOZE NOOZE and the alleged heavy hitter day time talk show radio hosts have dropped this topic like a hot rock (i often wonder who is really paying their freight!??!?) ... unfortunately my science page in cases like this must divert to cover these topics ... it will be an incident like this that could be the flash point that sets the powder keg off that is brewing in the USA right now ... as with the civil rights movement in the 60's that exploded when a little old black lady refused to go to the rear of the bus in selma alabama one morning ... if this were my grandma there would be some $10 buck an hour airport smos answering some questions in the alley after work that night ... this is the old way the irish took care of business when they first came to this country and i think it may be high time we went back to the old methods of "urban justice" ... i am a professed non-violent person ... but i dare say that the people of this country have had enough and want their original constitutionally appointed country back ... just remember that when it starts ... the entire entourage of executive politicians - courts - attorneys that feed off the courts as well as the legal justice departments not to mention the corrupt paid off legislatures have to go (as with any cleaning of cockroaches ... you have to get rid of them all ... just one can re-infest the house) ... jim mccanney

Leslie Neilsen said...

Kurt is correct. Because of the dorean process I will never have to enter into a bogus contract for a mortgage ever again; because my credit is so fucked up now, I could'nt get a loan to buy a McDonalds cheeseburger. Free at last, free at last, thank God almighty I am free at last.

tcob247 said...

Another satisfied Dorean client

Gforce said...

A loan and a cheeseburger. They are both a rip-off.

gotlight said...

St. Theresa's Prayer:


May today there be peace within. May you trust God that you are exactly
where you are meant to be. May you not forget the infinite possibilities
that are born of faith. May you use those gifts that you have received, and
pass on the love that has been given to you. May you be content knowing you
are a child of God. Let this presence settle into your bones, and allow your
soul the freedom to sing, dance, praise and love.

It is there for each and every one of us.

Elmer Fudd said...

Leslie Neilsen said...
Kurt is correct. Because of the dorean process I will never have to enter into a bogus contract for a mortgage ever again; because my credit is so fucked up now, I could'nt get a loan to buy a McDonalds cheeseburger. Free at last, free at last, thank God almighty I am free at last.



Hey I have an extra ham sandwich if ya need there Leslie.....But BYOB..

Pauligirl said...

Oh, dear...a new motion

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
DALE SCOTT HEINEMAN, et al.,
Defendants.
))))))))))
No. CR 05-00611 WHA
[PROPOSED] ORDER REVOKING
PRINTER PRIVILEGES OF HEINEMAN
AND JOHNSON AT FCI DUBLIN AND
STRIKING "NOTICE OF APPOINTMENT
OF COUNSEL CONDITIONS OF
CONFINEMENT" FILED BY
HEINEMAN AND JOHNSON
Based upon the record made at the appearance by defendants Dale S. Heineman and Kurt
F. Johnson (collectively, "Defendants"), counsel for the Bureau of Prisons, and counsel for the
government before this Court on August 15, 2006, relating to Defendants' preparation of: (1) a
purported "Order of Dismissal," identified as entry number 144 in the case docket under CR 05-
0611 WHA, incorporated herein by reference; and (2) a check allegedly payable by the Secretary
of the United States Treasury in the amount of $72,000,000 (attached hereto as Exhibit 1) with
computer printers they have been provided while in custody at the FCI Dublin Correctional
Facility ("Facility");
IT IS HEREBY ORDERED that Defendants' privileges to computer printers at the
Facility are revoked. Notwithstanding the foregoing, Defendants' access to computers for (readonly
format) review of discovery produced in electronic format will continue at the Facility.

Should Facility personnel in the future determine that Defendants have misused their access to
these computers at the risk of inmate security, the Facility shall have the discretion to
temporarily suspend such privileges until the matter is further addressed by this Court.
IT IS FURTHER ORDERED that, based upon the record made at the August 15, 2006
appearance before this Court, the "Notice of Appointment of Counsel and Conditions of
Confinement" filed by Defendants, purportedly appointing Mr. Bill Kubitz, FCI Dublin
Correctional Facility Administrator, as their counsel in the instant case (attached hereto as
Exhibit 2) is stricken and thereby a nullity.
IT IS SO ORDERED.
Dated: August ___, 2006 _________________________________________
HON. WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE

Pauligirl said...

Oops, sorry, make that a "[PROPOSED] ORDER"
P

tcob247 said...

a check allegedly payable by the Secretary
of the United States Treasury in the amount of $72,000,000 (attached hereto as Exhibit 1) with
computer printers they have been provided while in custody at the FCI Dublin Correctional
Facility ("Facility");
IT IS HEREBY ORDERED that Defendants' privileges to computer printers at the
Facility are revoked.


HAHAHAHAHHHAHHAHAHHAHHAHHHA

LOLOLOLOLOLOLOLOLOLOLOLOLOL

fire up the grill!!!!!!!!!!!!

Tony Tuba said...

i hope you still read this blog dr fred. if printing 72 million dollar checks was doreans latest idea for an experiment for 25 saps then dr fred you and your sons are complete fucking idiots.

Tony Tuba said...

please quote me some scripture fred that justifies such idiocy

neodemes said...

mogel said...

SOP said: "indeed, many, many 'traps' are beign laid, one at a time."
_________________________________
You're exactly correct. Every time the Courts throw out a motion, or deny a motion by the Dorean Group, the whole history of all of this will show the bad behaviour of the Court & complicity of the government and show the agenda to win at all costs and ignore all of the rules that are set up to protect people's rights.

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

ROFLMAO

Your twin idiots are falling in their own punji pits and you're cheering them on.

*frickin' 'tards*

son of a prophet said...

Twenty-FIve Trillion Diverted to India by Bush Sr. American Mob
U.S. officials and bribed banksters illegally profiting from trillions owed Ambassodor Leo Wanta and the American people.

By Greg Szymanski
18 Aug 2006

www.arcticbeacon.com

son of a prophet said...

IF THIS SCANDAL CONTINUES, EVERY ONE OF THESE INSTITUTIONS WILL BE EXPOSED.

The reason this has not happened yet is that the Editor of International Currency Review does not wish to be the person who actually triggers the collapse of the international financial system, which is built upon reputational considerations and confidence. But it can hardly continue to function well if the criminal gangs, which control the US and other leading governments, retain the upper hand.



100% of the accruals derived from these illegal trades are the property of Ambassador Leo Wanta, upon which tax is payable. However the deviant financial organisations and officials engaged in this organised criminal activity are stashing the resulting accruals offshore, deploying them to 'fill holes' in accounts, or to rectify gross miscalculations such as the monumental 'unanticipated' costs of financing the Iraqi and Aghanistan conflicts.



And all of a sudden, the head of the Congressional Budget Office (CBO), Donald Marion, has today announced that the projected 'visible' Federal Budget deficit will emerge at $260 billion, some $400 billion lower than previously estimated. This neatly covers up the grotesque consequences of the US budgetary profligacy of recent years. According to Mr Marion, the main reason for this suddenly favourable Federal Budget development is that wealthy individuals and corporations ? for example, AmeriTrust Groupe, Inc., which is to pay over tax at 35% of full value ? will be paying 'more tax than expected'; but the real reason is that the official parties will have diverted funds from off-balance sheet sources, including the assets belonging to Ambassador Leo Wanda, to 'cook the books'.

GR82BMOI said...
This comment has been removed by a blog administrator.
habakkuk said...

The Leo Wanta story is huge. Is it connected in any way to the Dorean settlement?

dgwondering said...

kaz4541 said "Will this be over in August?? Or are we waiting for the next court date on Sep-5th??"

Will what be over? The scam is done and gone. Nobody's getting their home free and clear.

oksurewhynot said...

Do you know what goats do? They kick your butt. They're known for that.

When will you use your "considerable intellegence to start defending yourselves?"

Fred
What father can sit and watch his son get hurt? Call off the dogs. Enough is enough.