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Writ of Certiorari

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blindedbytrust

Junior Member
What is the name of your state? Arizona but the matter occurred in Indiana.

Is it proper/accepted practice/ procedure to file a petition for a writ of certiorari in federal district court against a state court?What is the name of your state?
 


quincy

Senior Member
I suggest you hire an attorney to review the facts of your case.

A writ of certiorari is issued at the discretion of an appellate court, directing a lower court to deliver their records of a case for review. If you want the Supreme Court to review the State court decision, you file a petition in the Supreme Court, where, if a writ is issued, they will review the judgment for legal error. Writs are granted for compelling reasons only, and most writs are denied.

I am not at all sure you will have success with having a writ of certiorari issued, based on the facts you described in your other post.
 
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blindedbytrust

Junior Member
The AZ and IN State BAR Associations

I have attempted to contact both the AZ and IN state BAR associations and neither have responded. I did speak with the president of the local BAR association in Monticello, IN and was told that no private attorney would take my case because they don't stand to make any money off of it (I guess $150.00/hr is not considered "money" anymore, or something).
I contacted the ACLU-IN, and they cited workload and staffing issues. The ACLU-AZ responded that they only take cases involving the denial of an individual's constitutional rights that don't involve complex factual issues and that affect a great number of people (which ironically describes my case exactly). When I pointed this out to them, they cited geographical area as the reason for not taking my case (any federal district court would have jurisdiction on the bases of "diversity of citizenship" and "federal question"). I contacted the national headquarters of the ACLU and it deferred to the AZ and IN branches. I contacted Lambda Legal--equal access to mental healthcare and equal protection issues are "beyond the scope of their mission." I contacted the Bazelon Center for Mental Health Law--no response. I contacted Trial Lawyers for Public Justice--no response. I contacted the American Center for Law and Justice--my case is outside their area of practice. I contacted IN Legal Services--it does not take criminal cases (I committed no crime--I was falsely accused of "stalking" as grounds for a void ipso facto order of protection by APS officials who perpetrated violations of U.S.C. Sections 241, 242, and 245 against me, which I reported to the Department of Justice Civil Rights division Criminal section and the U.S. District Attorney for the northern IN district, and have been completely ignored).
APS officials did not conduct an investigation of my report of adult endangerment and determined that my report was unwarranted based on prejudicial opinion and conspired to deny me the right to immunity from all civil and criminal liability arising from my having made the report in good faith by meeting with the endangered adult in question for the very first time 6 months after I had filed my report--not to investigate my report, but to advise him to file a petition for an order of protection against me to make me "go away." This violated IN Rules of Admission and Disciplinary Rule 24, which prohibits the giving of legal advice of any kind without a license to practice law. This was all revealed by the testimony of the endangered adult and APS officials given during the hearing that I requested, which the judge simply ignored. The judge sanctioned APS officials' significant departure from accepted law and practice and committed prejudicial error by denying my motion to order an IME of the endangered adult/petitioner to detect the presence and influence of borderline personality disorder, a serious mental illness according to the American Psychiatric Association's Diagnostic and Statistical Manual, Ed. IV, thereby denying me my right to present exculpatory evidence in support of my defense under the 6th Amendment and by granting the petition, thereby denying me equal protection under the 14th Amendment.
The appellate court affirmed the trial court’s order stating in its decision that pro se litigants are held to the same standard as licensed lawyers and I had omitted a “statement of case” and a “summary of argument” from my brief.
I have attention deficit disorder, a disability protected by the Americans with Disabilities Act and a fact that I had made the court aware of and which had been testified to by the endangered adult during the ex parte hearing for the order of protection.
The appellate court committed a Title II violation of the ADA by holding me to the same standard as a licensed lawyer instead of making reasonable accommodation for my disability, a precedent that should be re-evaluated in light of Turgeon v. Brock, Civ. No. 94269-SD, 1994 WL 529919 (D.N.H. September 29, 1994), which determined that State courts are not immune from compliance with the ADA—they must accommodate the disabilities of litigants.
I reported this to the U.S. Department of Justice Civil Rights Division Disabilities Section which informed me that it could not offer me legal or financial assistance. I did not request legal or financial assistance! What I expected was an investigation of my complaint!
 

blindedbytrust

Junior Member
(cont.)

On August 30th, 2003, my friend, the endangered adult, “ran” from Phoenix, AZ. to Reynolds, IN. where he then attempted suicide in an effort to escape his “unbearable emotional pain” during an episode of dysphoria that had been precipitated by his being subjected to the Scientology practice of “auditing” and a Scientology detoxification procedure known as the “Purification rundown.”
According to "The Anderson Report," the findings and conclusions of the official inquiry into the Church of Scientology conducted for the State of Victoria, Australia in 1965, “It is not to be doubted that scientology techniques worsen and prolong the mental troubles of the mentally ill and that they produce in even a normal person disturbances and anxieties which may precipitate mental trouble.”
Upon becoming aware of this and after having actually witnessed the effect that scientology techniques had on my friend, I submitted a citizen petition to the FDA that, if approved, will require that people be warned of the hazard that the practice of scientology poses to their mental health. (Docket No. 2006P-0390)
During telephone conversations that I had with my friend before all communication with him was shut off, he indicated that the amount of sleep that he gets has been abridged to sometimes as little as 3 hours per night by activity and the administration of cocaine, and that he has no privacy because his housemate and practicing Scientologist routinely searches through his personal belongings and intercepts his mail.
Abridgement of privacy and contact/communication with former friends/family are methods utilized in a program of coercive persuasion. Exposure to a program of coercive persuasion greatly alters one’s self-concept, perception of reality, and social relationships, and creates the psychological forces necessary for undue influence to be exerted over one’s independent decision-making ability. The U.S. Supreme Court has interpreted the federal crime of kidnapping to include the imposition of “an unlawful physical or mental restraint" to confine the victim against his will.”
Before all communication with my friend was shut off he told me that he had thought of leaving Reynolds, IN. numerous times but felt that he couldn’t.
In June of 2005, believing that we were friends and having no reason to believe that I would not be welcomed, I took the opportunity that a business trip afforded me to visit him in Reynolds, IN. He initially acted as if he was glad to see me, but then suddenly his eyes turned completely black and he began screaming "get off my land...get off my land. That was the only thing that he said to me as he physically attacked me and assaulted me with a hunting rifle. As he continued to pace and mutter to himself, I told his housemate that his behavior was not normal and asked that he get my friend professional help, to which he responded, "just go away." Note: A strong emotional stimulus (e.g., an unexpected pistol firing) will cause the pupils to dilate. The dilation will persist even if a bright light is presented to the eye, indicating that the emotional response can override the usual pupillary constriction to intense light stimuli. Animal studies have shown that pupillary dilation occurs with stimulation of the hypothalamus, thalamus, and reticular formation. These are brain areas that have been implicated in emotional behavior and behavioral arousal.
Shortly thereafter, I received a telephone call from the housemate, during which he stated that the conversation was being recorded. He then went on to say that he routinely intercepts the mail everyday in order to filter out all of the mail addressed to my friend. To illustrate his point, I received a package of 23 unopened letters that I had mailed to my friend between August 2003 and September 2005 with a letter from the housemate, the wording of which clearly indicates that he obstructs my friend's correspondence of his own volition with no regard as to whether my friend either knows or approves of his doing so.
I reported this violation of U.S.C. 18 § 1702, Obstruction of Correspondence to the U.S. Postal Inspection Service and received a letter in response that had changed my complaint to one involving U.S.C. 18 § 1708, Mail Theft/Tampering and referenced letters addressed to me instead of to my friend. I wrote a letter to inform the Inspector of the mistake that had been made, but I received no response. Senator McCain’s office made an inquiry on my behalf, and I received a letter from the Inspector in Charge of the Inspection Service’s Detroit office in which he stated that a person removing mail from an authorized depository for mail matter with the intent of blocking the correspondence of another constitutes a “civil, non-mail property dispute that the Inspection Service will not become involved in.” I have reached the conclusion that in order for the postal inspector to have misinterpreted U.S.C. 18 § 1702, Obstruction of Correspondence to the degree that he did, he would either have to be a complete idiot or he did so intentionally. Needless to say, no investigation was conducted. No attempt was made to secure the recording of the telephone conversation nor was any interest shown in the unopened letters addressed to my friend that the housemate had returned to me.
I had personally witnessed my friend exhibit every single manifestation of borderline behavior. Borderline personality disorder (BPD) is classified as a serious mental illness in the American Psychiatric Association’s Diagnostic and Statistical Manual, Fourth Edition, and it can be easily deduced how much more damaged someone with BPD can become by exposure to cult indoctrination by a group with a predisposition towards that sort of thinking disability.
I consulted with three (3) mental healthcare professionals to get their opinions on the behaviors of my friend that I was witnessing in order to confirm my suspicion of borderline personality disorder (BPD). The behaviors that I described were attributed to a hypothetical case and my friend was never personally identified during any of these consultations.
One of them stated: “I’m seeing some descriptions of symptoms that would be consistent with BPD. I’m also seeing some very disturbing things (i.e. the possible fugue states). He appears to have a very high degree of ‘pathology,’ and his identity disturbance per your description is quite pronounced. His compartmentalizing, as you noted, is probably one of the only coping mechanisms that he has to deal with the hideous abuse and neglect he suffered throughout his childhood and adolescence. I believe that you are sincerely trying to get help for your friend, and that’s not an easy thing to do for someone with BPD.”
The fact that my friend’s psychological vulnerability due to a serious mental illness is being taken advantage of, the fact that he is being denied proper mental health care, and the fact that exposure to an ongoing program of coercive persuasion without his knowledge or consent places him at great risk of sustaining additional psychological injury up to and including schizophrenia, self-mutilation, and suicide qualifies him as an endangered adult under Indiana Code § 12-10-3-2.
The Surgeon General’s Call for Suicide Prevention 1999 identifies specific risk factors for suicide and calls for an awareness of those risk factors and intervention before a crisis stage is reached:
“While there is no one cause of suicide, researchers tell us that suicidal behavior is associated with a number of risk factors that frequently occur in combination. These include:

*Clinical depression and other mental illnesses. More than 60 percent of all people who complete suicide suffer from major depression. Almost all people who take their own life have a diagnosable mental or substance abuse disorder or both.
*Adverse life events. Such events may be confusion about one's personal identity; a family crisis like death and divorce.
*Familial factors, such as a family history of suicide, of mental illness and substance abuse, of violence and sexual abuse.
*Prior suicide attempt, firearm in the home, or impulsive or aggressive tendencies…

…all of which apply to my friend.

His mental condition has deteriorated from “I hope to visit you soon...you are the best person I have ever met” to “I am in fear of my life and suspect that Jerry may attempt to harm me.”
Those with personality disorders are three (3) times more likely to commit suicide than those without, and 90% of completed suicides are those with untreated, under-treated, or undiagnosed mental illness.
10 to 12% of untreated cases of BPD end in suicide and he has already attempted once since “running” to Indiana in an attempt to escape his “unbearable emotional pain:”

*“Myth: A person who has made a serious suicide attempt is unlikely to make another.
*The truth is that persons who have made prior attempts are often at greater risk of completing suicide. A suicide attempt is a cry for help and a warning that something is terribly wrong and should be taken with utmost seriousness.”

My friend will most likely kill himself before this matter is taken seriously and that is unacceptable because it can be prevented
 
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blindedbytrust

Junior Member
Oh...I almost forgot...

I amost forgot to mention that the IN State Supreme Court denied my "Petition to Transfer."

The judge of the trial court refuses to correct his prejudicial error or to follow IN Rules of Trial Procedure by not ruling based on special and proposed findings and conclusions of law. Matter of fact, he has made no findings of fact in this case whatsoever.

He has set every repetetive motion that I've made for hearing when IN Rules of Trial Procedure specifically states that "no hearing shall be required of a repetetive motion."

He has abused judicial discretion by not consolidating these hearings and by not allowing me to attend them via teleconference, stating in his order that teleconferencing does not lend itself well to making a voice recording to be used for transcription purposes when everyone knows that the telephone's main function is to convey sound (i.e. the human voice).

He initially denied my motion for continuance, but then continued the hearings indefinately based on my motion for continuance on account of absence of evidence made by affidavit in which I stated that I strongly believe that he is using the court to further Scientology. He, however, still refuses to order an IME of my friend in order to allow me to present the evidence that is absent that is the basis for his granting my motion for continuance--evidence which can only be obtained through an IME of my friend.

The protective order expires May 3rd, 2008, and I strongly suspect that he is attempting to delay the matter until then in order to dismiss my case for lack of standing.

I know that I am not going to get anywhere with this within the IN State Judicial system. It needs to be taken to the federal level. If I could simply get a lawyer to advise me in which direction to go I could contnue pro se. No lawyer will even return my phone call, however.

This has got to be absolutely the most bizarre thing that I have ever encountered in my entire life. I can verify every single claim that I've made, but no one cares!
 

tranquility

Senior Member
The problem with mandamus is that he can't get a court with jurisdiction to agree. He needs to get jurisdiction in an appellate/supreme court for them to hear him.
 

SHORTY LONG

Senior Member
Are you saying that the Appellate Court can not Order the lower Court to do
whatever, including remand?



MANDAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.

It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.

Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.

This writ was introduced io prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Mandamus will not lie where the law has given another specific remedy.

The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. The issuing of a mandamus to courts, is the exercise of an appellate jurisdiction, and, therefore constitutionally vested in the supreme court; but a mandamus directed to a public officer, belongs to original jurisdiction, and by the constitution, the exercise of original jurisdiction by the supreme court is restricted to certain specified cases, which do not comprehend a mandamus. The latter clause of the above section, authorizing this writ to be issued by the supreme court to persons holding office under the authority of the United States, is, therefore, not warranted by the constitution and void.

The circuit courts of the United States may also issue writs of mandamus, but their power in this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction.
 
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tranquility

Senior Member
No, what I'm saying is that, apparently, a valid appeal has not been made. Since it has not been made, an appelate court does not have jurisdiction. Only the original court has jurisdiction at this time. (I didn't read all the single-spaced text without paragraphs to determine why exactly, probably because there has not been a final determination--but that's just a guess.) The court which does have jurisdiction has declined to act as to the OPs wishes.

Since the only court which has the power to issue the writ of mandamus has declined to act on the OPs "case" at all, besides deny any action, I don't think he's going to get such a writ.
 

blindedbytrust

Junior Member
It's true...fact is stranger than fiction!

This is going to make a really good book someday.

The judge is a self-proclaimed scientologist (which violates Judicial Rules of Conduct--specifically Canon 2(C) since Scientology doctrine eschews all psychiatry and psychiatrists and teaches that those who are suppressive toward scientology have no rights and actions taken against them are not punishable), who is obviously ruling based on his religious beliefs instead of on accepted law and practice (his refusing to order an IME so that I can present exculpatory evidence in support of my defense is denying me my right as a U.S. citizen under the 6th Amendment to the U.S. Constitution, and the order itself is denying me immunity and my right as a U.S. citizen to equal protection under the law under the 14th Amendment to the U.S. Constitution),

The members of the Indiana State Judicial Nominating Committee believe that this is not a breach of ethics,

The denial of my rights has left an endangered adult to sustain the additional psychological injury that could and should have been prevented. I am simply trying to help a friend who is in serious danger here, but everyone seems to ignore that fact, and there is absolutely no logical reason why it has taken this much effort. I have been unable to get help from anyone or any of the agencies that profess to champion such causes!

Adult Protective Services officials, instead of investigating my report, chose to conspire to deny me the right to immunity in violation of U.S.C. 18 Section 241 and to use their positions as well as the office of county prosecutor in an attempt to have me fired from my job in violation of U.S.C. Sections 242 and 245, and the DOJ refuses to even investigate my complaint,

When I reported this to the Lafayette RA of the FBI, the agent whoI spoke with responded with "That's your opinion," which coincidentally is the cliche used by scientologists as a substitute for analytic thought.

My FDA petition has drawn attention from the German embassy, which contacted me for further information and expressed that the German government is monitoring its outcome very closely, and Bob Masterson from the Department of Homeland Security stated that he's proud that Scientology has made such inroads with the opinion leaders of society, and that I need to get used to it because Scientology is going nowhere.

I was repeatedly told that as a friend I did not have legal standing to request help for my friend even though Indiana Code makes it the civic duty of anyone having reason to believe that a person is an endangered adult to file a report. Indiana Code also requires APS to conduct a reasonable investigation of my report.

Being falsely accused of the felony of "stalking" as grounds for a void ipso facto order of protection finally and undeniably gave me the legal standing that I had before the order but that everyone who claims to know law said that I didn't have, and now that I have it, everyone thinks that it is OK for me to be denied my Constitutional rights.

These are rights that American women and men have sacrificed their lives protecting! Does this not mean anything to anyone out there?!

People need to realize that if this can happen to me it can happen to anyone.

This judge took an oath to uphold and defend the Constitution of the United States. He even claimed to be "brainwashed in the Constitution." Why is he being allowed to deny me my rights as a U.S. citizen under that very same Constitution? I understand the concept of an independent judiciary, but it is not independent of the Constitution of this country!

I desperately need some help here! I can not continue fighting this pro se, and I can not simply go on with life as if none of this ever happened.
 

SHORTY LONG

Senior Member
No, what I'm saying is that, apparently, a valid appeal has not been made. Since it has not been made, an appellate court does not have jurisdiction. Only the original court has jurisdiction at this time. (I didn't read all the single-spaced text without paragraphs to determine why exactly, probably because there has not been a final determination--but that's just a guess.) The court which does have jurisdiction has declined to act as to the OPs wishes.

Since the only court which has the power to issue the writ of mandamus has declined to act on the OPs "case" at all, besides deny any action, I don't think he's going to get such a writ.
Thank you Tranquility, and I agree with you. It was just a thought, but after skimming
over the very long winded post, it is clear that the writ would not issue!
 

tranquility

Senior Member
Look, I don't want to minimize events, but you have had many, many people look at this and tell you you are wrong. The courts, numerous administrative agencies and organizations have all said to lay off. Apparently, the diligence you've shown has even had some accuse you of a felony.

If you continue, you will find yourself in jail and unable to help anyone. At some point, you must realize that when everyone tells you you are wrong, there is a slight possibilty you *are* wrong. You must also realize there is *NO WAY* that all the agencies and departments and courts you've brought this up with have communicated about you or your friend and there is *NO CONSPIRACY*. I know you won't be convinced, but I've found I can predict what will happen or has happened best when I am a cynic. As a cynic, I ask: why is this guy so important to put in so much governmental resources in a conspiracy to deny him his "rights"? Even the government has limited resources. They cannot conspire against everyone individually. (Just all of us as a group.) Why your guy? Does he have the secret plans or something? Or, is he just a guy who has mental problems who has a friend who cares? To the government, that and a dollar will get you a really cheap cup of coffee.

Have you seen or are you seeing someone to talk with about your feelings and thoughts? Pushing things to the point where you might be arrested and thinking everyone is against you are signs that you should talk to a professional of the type Scientologists think are useless.
 

blindedbytrust

Junior Member
Conspiracy?

Why would reporting violations of federal law get me arrested?

Isn't there such a thing as a whistleblower law to protect those who report government corruption?

Isn't it strange that I never even mentioned the word conspiracy--I simply stated the facts of what has transpired--and you arrived at that conclusion on your own using your own critical thinking skills?

My friend does have a $650,000.00 bank account. It costs an average of $350,000.00 to go through Scientology processing up to the OT8 level--and now they just announced the development of levels beyond the OT8 level, and who knows how much that costs.

There is a policy in Scientology known as "dead-agenting" where critics of Scientology are neutralized by being falsely accused of crimes. Just ask any of the former mayors of Clearwater, FL. I have been effectively neutralized. It is fallacious argument to conclude that I am a stalker simply because I have been falsely accused.

Not one of my reports has been investigated:
The U.S. Postal Inspection Service argued that once the mail is delivered that their mission is accomplished. That would be correct if their mission was to deliver the mail. It is not, however--the U.S. Postal Inspection Service, although affiliated with the USPS, is a major law enforcement branch of the federal government whose job it is to investigate violations of federal law, which they did not do in this case.

APS did not investigate my report of adult endangerment. They did not talk or meet with my friend until 6 months after I had reported him as an endangered adult, and only then to advise him to file a petition for an order of protection against me, and I have their own testimony and that of my friend to prove this.

I have the all of the information that was sent to my employer in their attempt to get me fired from my job, yet the DOJ has not investigated my reports of their violations of federal law.

Evidently, Scientologists are not very bright. My friends housemate called me and stated that he routinely intercepts the mail in order to filter out mail addressed to my friend and stated that he was recording the call. He has a Ph.D. yet he recorded his own confession. He admitted to the crime again in a letter that he sent to me. You would think that an investigation would have paid at least a little attention to those 2 items.

In court, I'm being denied the right to present exculpatory evidence. An IME of my friend would result in the quick and proper adjudication of this matter, yet that evidence is being suppressed. It would allow my friend to get the mental healthcare that he is presently being denied...it would clear my good name...and it would allow for the unscrupulous individuals responsible to be brought to justice.

Presenting that evidence is my Constitutional right. Why am I being denied that right? Why does no one care that I am being denied that right?

Conspiracy? Maybe...but you said it, not I.
 

tranquility

Senior Member
Conspiracy? Maybe...but you said it, not I.
UM..

APS officials did not conduct an investigation of my report of adult endangerment and determined that my report was unwarranted based on prejudicial opinion and conspired to deny me the right to immunity from all civil and criminal liability arising from my having made the report in good faith by meeting with the endangered adult in question for the very first time 6 months after I had filed my report--not to investigate my report, but to advise him to file a petition for an order of protection against me to make me "go away."
You are an extremely intelligent person who is making wild accusations against the courts and multiple governmental agencies. The only rationale you put out is some theory of Scientology which weaves though your posts.

I don't know what happened or is happening. It seems like you have told a lot of people the story and they did do some investigation--albeit not to your standards. Iconoclism is a wonderful thing. I am considered a bit of an iconoclast in my circle of friends. I know enough to know that I'm not crazy, but recognize that when one goes outside of the norm by too much, society has a way of making the person conform or of removing that person from society.

The talk of a felony shows some aspect of society (with the power to do so) has made the threat of removal through jail. From your posts I suggest you take that threat seriously. I believe one criteria of when it's time to talk with a mental health professional is when one's choices are going to lead to substantial legal trouble. Another is when a person feels everyone is against them. It doesn't mean they're crazy or wrong, it just means it's time to talk. I suspect that is your choice--jail or talking with someone who can put perspective on this variation from the norm.

I'm with you, but you will not succeed if you are behind bars.
 

blindedbytrust

Junior Member
Speaking of mental health...

Because of APS officials attempt to use their positions as well as the office of county prosecutor in a failed attempt to get me fired from my safety sensitive position with a major U.S. air carrier in violation of U.S.C. 18 Sections 241, 242, and 245, I had to undergo an IME in order to be able to return to work. I am perfectly sane with no neuroses or psychoses present, and I have the papers to prove it.

Believe me when I tell you that no investigation of any of my claims has been conducted by any of the agencies, the duty of which is to investigate such claims.

Even if some half attempt at investigation was conducted that I am not aware of, it would not pass the test of "reasonableness" since no attention was paid to any of the specific details that I gave in any of my reports.

The judge made the following statement on record: "I'm a scientologist...I'm also Jewish...so what?" I am not accusing anyone or any agency of anything...I am stating fact based on what they have stated themselves...all of which has been recorded and transcribed amd is in the court's records. The DOJ can read it for themselves if they would conduct an investigation.

In similar cases, such records have mysteriously "disappeared" or have been misplaced. I am not making suppositions here--I am once again stating fact.
 
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