Do you think that he will prevail in his FOIA lawsuit?
13 views
Skip to first unread message
Stanley Bolten
May 17, 2017, 5:45:13 PM5/17/17
to FOIA Machine
Thread source: http://www.abovetopsecret.com/forum/thread1171344/pg1
There is a new Federal lawsuit that has been filed by former Righthaven victim Brian D. Hill of USWGO Alternative News (now defunct).
The lawsuit has been filed under the Freedom of Information Act (FOIA). The purpose of this lawsuit is the set new case law precedent in regards to usage of FOIA as a vehicle for discovery rights in criminal cases under Brady v. Maryland, and Giglio v. United States, which are both U.S. Supreme Court case law in regards to rights to obtain discovery evidence in criminal cases for purposes of a proper defense under the adversarial system.
Here is more information that I had scooped up from DemocraticUnderground. So far no alternative media has covered this. We Are Change covered the fact that he is a claimed set up victim. https://wearechange.org/case-brian-d-hill/
https://www.democraticunderground.com/10029052452
Brian D. Hill was formerly a Righthaven, LLC lawsuit victim in 2010 as reported by the Las Vegas Sun and New York Times. He fought back by going to the media and writing unfavorable things about Righthaven on different blogs and places. Then he had a lawyer fight for him to have his case dismissed with prejudice.
I needed to post this here, since DU was formerly a Righthaven lawsuit victim but prevailed. You and Brian both fought back against Righthaven instead of just settling the case. Brian is now a victim of a rogue and wrongful criminal prosecution. He was framed and not allowed to prove his innocence. You can feel that what he was accused of was wrong, but he still has a right to prove his innocence otherwise American courts will continue convicting innocent people as well as guilty people.
In 2012-2014, Brian became a victim of political corruption by some messed up people within the U.S. Department of Justice. Brian was indicted, kangaroo courted into a guilty plea by the Federal Public Defender of Greensboro, NC, and then wrongfully convicted and forced to serve a sentence of Federal Probation.
The whole purpose of convicting Brian D. Hill was to shut down USWGO Alternative News, similar tactic as Righthaven, LLC, that having a Federal Court convict him places the Defendant under conditions such as he cannot use the internet without permission, and even if he got permission if he posts anything against the Government then he can go to prison and have his Probation revoked.
Brian got sick and tired of being convicted for a crime that he was framed on, so he started filing a Freedom of Information Act request from the U.S. Attorney Office in Greensboro via the Executive Office for U.S. Attorneys, and got some various documents from the agency.
However other documents and records were allegedly covered up so Brian filed Affidavits and other documentation, and files a FOIA lawsuit with DVD video attachment, yes he actually filed a Video DVD with the Clerk's Office on a Pro Se basis.
It is currently being served by the U.S. Marshals service to the Government.
It will be interesting to see if he does prove a "cover up" by the U.S. Attorney Office. This can actually give him the right to a new trial and further evidence that can demonstrate that he is factually innocent of the crime, as federal prosecutors have absolutely no need to cover up evidence in cases of guilt aka open and shut criminal cases.
He even cited in his federal lawsuit that it is a felony to cover up, conceal, or destroy certain records to influence a federal investigation or case. If this has merit then the U.S. Attorney Office in Greensboro, NC, may go under investigation which could lead up to 20 years in federal prison for any offenders in that office.
You can also check out his lawsuit and complaint from FOIA Project:
http://foiaproject.org/case_detail/?title=on&style=foia&case_id=30760
Note: The Federal Judge, that is very strict against Pro Se filers that don't have an Attorney, has granted Brian's requests in his complaint and seems to be working towards Brian possibly being able to prove in Federal Court that the U.S. Attorney Office has engaged in possibly criminal behavior of obstruction of justice. If this lawsuit prevails then Brian may be able to use this as well as other evidence elements to attempt to overturn his conviction on affirmative defense of frame up, aka actual innocence.
http://www.prlog.org/12636162-uswgo-news-brian-hill-has-sued-the-us-department-of-justice-under-foia.html
WASHINGTON - April 27, 2017 - PRLog -- Brian D. Hill, formerly of USWGO Alternative News, has decided to sue the U.S. Department of Justice and the Executive Office for United States Attorneys earlier than anticipated. I had just received an email with the Docket filing and documents, from Brian's mother. It is exactly what I had expected would come from Mr. Hill.
He is suing the Justice Department under the Freedom of Information Act (FOIA) accusing them of blatant misconduct, and is asking for "Declaratory and Injunctive Relief". It is claimed under Declaration, as well as other relevant evidence, shows a major possibility that the former U.S. Attorney Ripley Rand of Greensboro, North Carolina, and Assistant U.S. Attorney Anand Prakash Ramaswamy, may have covered up case records that would help to prove the innocence of Mr. Hill.
Without access to the criminal case discovery evidence, which Mr. Hill has a Constitutional due process right to under U.S. Supreme Court case Brady v. Maryland, he cannot prove a factual claim of innocence to his criminal conviction.
In effect, the U.S. Attorney Office in Greensboro, NC, and AUSA Ramaswamy is preventing Brian from proving his actual innocence, and they want to keep him wrongfully convicted as a felon for as long as possible.
The purpose of the FOIA lawsuit is to compel discovery and get his lost Brady rights to be restored to him, that his court appointed lawyers denied him until he falsely took the guilty plea agreement. Those two lawyers were Assistant Federal Public Defender Eric David Placke, and Attorney John Scott Coalter. Brian brought up allegations alleging that Mr. Coalter threatened or made a veiled threat to destroy or dispose of Brian's criminal case discovery evidence and has worked against him in every aspect of trying to prove his Innocence.
It will be interesting to see what the Department of Justice will do to try to prevent Brian from proving his actual innocence. Will they do far worse to him than with Amanda Knox, Ryan Ferguson, Howard Dudley, and others.
The purpose for the FOIA lawsuit appears to be for attempting to prove Actual Innocence or take it back to a Trial.
Read other material concerning USWGO Alternative News founder Brian D. Hill being framed and wrongfully convicted:
https://archive.org/details/USWGOFOIAAppealFilings
https://archive.org/details/USWGOFOIAAppealFilingsFAX - VentaFax PDF records and Transmission Tickets
Check Status of filing here: https://foiaonline.regulations.gov/f...0004d281192b92
The Federal Judge granted plaintiff's MOTION to Proceed In Forma Pauperis.
Now that means that the U.S. Marshals have to serve the Government with Brian's complaint.
Also Brian has done another filing asking to subpoena his ex court appointed lawyer from his criminal case since his own freaking lawyer is refusing to give the discovery evidence of his case to his own client, and has threatened to destroy the discovery papers. This is all on Affidavit and other exculpatory evidence. Brian pushed for the Judge to ask the Clerk to sign the subpoena and serve with that lawyer.
https://archive.org/download/HillvEOUSA/Document%203-ORDER%20from%20Judge%20to%20proceed%20IFP.pdf - ORDER from Federal Judge granting Plaintiff's IFP motion
https://archive.org/download/HillvEOUSA/Document%204-Motion%20To%20Subpoena%20Attorney.pdf - Motion under Rule 45 to subpoena Attorney John Scott Coalter
https://archive.org/download/HillvEOUSA/Document%204-1-Declaration%20Of%20Exhibits%20Supporting Motion.pdf - Declaration of Exhibits in attachment to this Motion
Exhibit 1:
https://archive.org/download/HillvEOUSA/Document%204-2-Exhibit%201.pdf
Exhibit 2:
https://archive.org/download/HillvEOUSA/Document%204-3-Exhibit%202.pdf
Exhibit 3:
https://archive.org/download/HillvEOUSA/Document%204-4-Exhibit%203.pdf
Exhibit 4:
https://archive.org/download/HillvEOUSA/Document%204-5-Exhibit%204.pdf
Exhibit 5:
https://archive.org/download/HillvEOUSA/Document%204-6-Exhibit%205.pdf
Exhibit 6:
https://archive.org/download/HillvEOUSA/Document%204-7-Exhibit%206.pdf
Unsigned Subpoena:
https://archive.org/download/HillvEOUSA/Document%204-8-Unsigned%20Subpoena.pdf
Envelope Motion contained within:
https://archive.org/download/HillvEOUSA/Document%204-9-Envelope.pdf
There is a new Federal lawsuit that has been filed by former Righthaven victim Brian D. Hill of USWGO Alternative News (now defunct).
The lawsuit has been filed under the Freedom of Information Act (FOIA). The purpose of this lawsuit is the set new case law precedent in regards to usage of FOIA as a vehicle for discovery rights in criminal cases under Brady v. Maryland, and Giglio v. United States, which are both U.S. Supreme Court case law in regards to rights to obtain discovery evidence in criminal cases for purposes of a proper defense under the adversarial system.
Here is more information that I had scooped up from DemocraticUnderground. So far no alternative media has covered this. We Are Change covered the fact that he is a claimed set up victim. https://wearechange.org/case-brian-d-hill/
https://www.democraticunderground.com/10029052452
Brian D. Hill was formerly a Righthaven, LLC lawsuit victim in 2010 as reported by the Las Vegas Sun and New York Times. He fought back by going to the media and writing unfavorable things about Righthaven on different blogs and places. Then he had a lawyer fight for him to have his case dismissed with prejudice.
I needed to post this here, since DU was formerly a Righthaven lawsuit victim but prevailed. You and Brian both fought back against Righthaven instead of just settling the case. Brian is now a victim of a rogue and wrongful criminal prosecution. He was framed and not allowed to prove his innocence. You can feel that what he was accused of was wrong, but he still has a right to prove his innocence otherwise American courts will continue convicting innocent people as well as guilty people.
In 2012-2014, Brian became a victim of political corruption by some messed up people within the U.S. Department of Justice. Brian was indicted, kangaroo courted into a guilty plea by the Federal Public Defender of Greensboro, NC, and then wrongfully convicted and forced to serve a sentence of Federal Probation.
The whole purpose of convicting Brian D. Hill was to shut down USWGO Alternative News, similar tactic as Righthaven, LLC, that having a Federal Court convict him places the Defendant under conditions such as he cannot use the internet without permission, and even if he got permission if he posts anything against the Government then he can go to prison and have his Probation revoked.
Brian got sick and tired of being convicted for a crime that he was framed on, so he started filing a Freedom of Information Act request from the U.S. Attorney Office in Greensboro via the Executive Office for U.S. Attorneys, and got some various documents from the agency.
However other documents and records were allegedly covered up so Brian filed Affidavits and other documentation, and files a FOIA lawsuit with DVD video attachment, yes he actually filed a Video DVD with the Clerk's Office on a Pro Se basis.
It is currently being served by the U.S. Marshals service to the Government.
It will be interesting to see if he does prove a "cover up" by the U.S. Attorney Office. This can actually give him the right to a new trial and further evidence that can demonstrate that he is factually innocent of the crime, as federal prosecutors have absolutely no need to cover up evidence in cases of guilt aka open and shut criminal cases.
He even cited in his federal lawsuit that it is a felony to cover up, conceal, or destroy certain records to influence a federal investigation or case. If this has merit then the U.S. Attorney Office in Greensboro, NC, may go under investigation which could lead up to 20 years in federal prison for any offenders in that office.
You can also check out his lawsuit and complaint from FOIA Project:
http://foiaproject.org/case_detail/?title=on&style=foia&case_id=30760
Note: The Federal Judge, that is very strict against Pro Se filers that don't have an Attorney, has granted Brian's requests in his complaint and seems to be working towards Brian possibly being able to prove in Federal Court that the U.S. Attorney Office has engaged in possibly criminal behavior of obstruction of justice. If this lawsuit prevails then Brian may be able to use this as well as other evidence elements to attempt to overturn his conviction on affirmative defense of frame up, aka actual innocence.
http://www.prlog.org/12636162-uswgo-news-brian-hill-has-sued-the-us-department-of-justice-under-foia.html
WASHINGTON - April 27, 2017 - PRLog -- Brian D. Hill, formerly of USWGO Alternative News, has decided to sue the U.S. Department of Justice and the Executive Office for United States Attorneys earlier than anticipated. I had just received an email with the Docket filing and documents, from Brian's mother. It is exactly what I had expected would come from Mr. Hill.
He is suing the Justice Department under the Freedom of Information Act (FOIA) accusing them of blatant misconduct, and is asking for "Declaratory and Injunctive Relief". It is claimed under Declaration, as well as other relevant evidence, shows a major possibility that the former U.S. Attorney Ripley Rand of Greensboro, North Carolina, and Assistant U.S. Attorney Anand Prakash Ramaswamy, may have covered up case records that would help to prove the innocence of Mr. Hill.
Without access to the criminal case discovery evidence, which Mr. Hill has a Constitutional due process right to under U.S. Supreme Court case Brady v. Maryland, he cannot prove a factual claim of innocence to his criminal conviction.
In effect, the U.S. Attorney Office in Greensboro, NC, and AUSA Ramaswamy is preventing Brian from proving his actual innocence, and they want to keep him wrongfully convicted as a felon for as long as possible.
The purpose of the FOIA lawsuit is to compel discovery and get his lost Brady rights to be restored to him, that his court appointed lawyers denied him until he falsely took the guilty plea agreement. Those two lawyers were Assistant Federal Public Defender Eric David Placke, and Attorney John Scott Coalter. Brian brought up allegations alleging that Mr. Coalter threatened or made a veiled threat to destroy or dispose of Brian's criminal case discovery evidence and has worked against him in every aspect of trying to prove his Innocence.
It will be interesting to see what the Department of Justice will do to try to prevent Brian from proving his actual innocence. Will they do far worse to him than with Amanda Knox, Ryan Ferguson, Howard Dudley, and others.
The purpose for the FOIA lawsuit appears to be for attempting to prove Actual Innocence or take it back to a Trial.
Read other material concerning USWGO Alternative News founder Brian D. Hill being framed and wrongfully convicted:
https://archive.org/details/USWGOFOIAAppealFilings
https://archive.org/details/USWGOFOIAAppealFilingsFAX - VentaFax PDF records and Transmission Tickets
Check Status of filing here: https://foiaonline.regulations.gov/f...0004d281192b92
The Federal Judge granted plaintiff's MOTION to Proceed In Forma Pauperis.
Now that means that the U.S. Marshals have to serve the Government with Brian's complaint.
Also Brian has done another filing asking to subpoena his ex court appointed lawyer from his criminal case since his own freaking lawyer is refusing to give the discovery evidence of his case to his own client, and has threatened to destroy the discovery papers. This is all on Affidavit and other exculpatory evidence. Brian pushed for the Judge to ask the Clerk to sign the subpoena and serve with that lawyer.
https://archive.org/download/HillvEOUSA/Document%203-ORDER%20from%20Judge%20to%20proceed%20IFP.pdf - ORDER from Federal Judge granting Plaintiff's IFP motion
https://archive.org/download/HillvEOUSA/Document%204-Motion%20To%20Subpoena%20Attorney.pdf - Motion under Rule 45 to subpoena Attorney John Scott Coalter
https://archive.org/download/HillvEOUSA/Document%204-1-Declaration%20Of%20Exhibits%20Supporting Motion.pdf - Declaration of Exhibits in attachment to this Motion
Exhibit 1:
https://archive.org/download/HillvEOUSA/Document%204-2-Exhibit%201.pdf
Exhibit 2:
https://archive.org/download/HillvEOUSA/Document%204-3-Exhibit%202.pdf
Exhibit 3:
https://archive.org/download/HillvEOUSA/Document%204-4-Exhibit%203.pdf
Exhibit 4:
https://archive.org/download/HillvEOUSA/Document%204-5-Exhibit%204.pdf
Exhibit 5:
https://archive.org/download/HillvEOUSA/Document%204-6-Exhibit%205.pdf
Exhibit 6:
https://archive.org/download/HillvEOUSA/Document%204-7-Exhibit%206.pdf
Unsigned Subpoena:
https://archive.org/download/HillvEOUSA/Document%204-8-Unsigned%20Subpoena.pdf
Envelope Motion contained within:
https://archive.org/download/HillvEOUSA/Document%204-9-Envelope.pdf
Stanley Bolten
May 17, 2017, 5:48:25 PM5/17/17
to FOIA Machine
One of the Exhibits in this FOIA lawsuit proves that a SBI case file was within the possession of the Assistant U.S. Attorney Anand Prakash Ramaswamy, while he lies that there are no such records and redirects to the state and local law enforcement that denied Defendant's request to prove his innocence.
Reply all
Reply to author
Forward
0 new messages