Case: 17-2074 Document: 00117341848 Page: 1 Date Filed: 09/20/2018 Entry ID: 6199662

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-2074
v. )
)
THE UNITED STATES )
)
Appellee )

APPELLANT PLEA FOR SCOTUS AND/OR CONGRESSIONAL INTERVENTION

FOLLOWING VOID ORDER ISSUED SEPTEMBER 11, 2018

I. PREFACE

The Appellant – Mohan A. Harihar, has been a pro se litigant for nearly FOUR (4) years in

Federal Court involving litigation stemming from the 2008 US FORECLOSURE CRISIS.

There are THREE (3) Federal lawsuits associated with litigation:

1. HARIHAR v. US BANK et al, Appeal No. 17-1381 (Lower Docket No. 15-cv-11880);

2. HARIHAR v THE UNITED STATES, Appeal No. 17-2074 (Lower Docket No. 17-cv-

11109);

3. HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, et al, Docket No. 18-cv-

11134

Since August 2015, Mr. Harihar has PUBLICLY identified what is perceived as

UNPRECEDENTED and certainly the most egregious abuse of judicial authority in the

history of these United States. A Summary of these judicial abuses, well documented

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throughout the record and consistently published in FULL PUBLIC VIEW, include (but are not

limited to) the following:

1. Evidenced Judicial Misconduct:

a. Refusing to address, clarify and correct JURISDICTION issues;

b. Refusing to clarify referenced Judgments;

c. Refusing to clarify the referenced Mandate;

d. Refusal(s) to RECUSE (other than those already recognized);

e. Continuing to issue orders after LOSING JURISDICTION - EACH

constituting acts of TREASON under ARTICLE III, Section 3 of the

Constitution;

f. Refusing to address OR EVEN ACKNOWLEDGE: a.) the Appellant’s

Intellectual Property (IP) Rights, b.) Evidenced ECONOMIC ESPIONAGE

claims pursuant to 18 U.S.C. § 1832 and c.) matters believed to impact National

Security;

g. Refusing to exercise judicial discretion by wrongfully denying or unnecessarily

delaying WITHOUT VALID CAUSE - repeated requests for the Court to assist

with the Appointment of Counsel pursuant to 28 U.S.C. §1915;

h. Refusing to address the EVIDENCED and UNOPPOSED FRAUD on the

COURT claims under Fed. R. Civ. P. 60(b)(3);

i. Refusing to address evidenced UNOPPOSED claims of JUDICIAL FRAUD on

the COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the

Judicial Code of Conduct and Judicial Oath;

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j. Refusing to address identified DUE PROCESS VIOLATIONS, including (but

not limited to) refusing a TRIAL BY JURY;

k. Ignoring requests for a GRAND JURY;

l. Refusing to address the clearly evidenced IMBALANCE OF HARDSHIPS;

m. Refusing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under

Color of Law;

n. Refusing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;

o. Refusing to address Title 18, U.S.C., Section 1001 Fraud and False

Statements;

p. Refusing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;

q. Refusing to address the Plaintiff’s/Appellant’s REPEATED concerns for his

personal SAFETY AND SECURITY;

r. Refusing to promptly reimburse accruing Legal (and other) Fees due to the

Appellant, as stated within the record;

s. Refusing to address DEMAND(S) for CLARIFICATION HEARINGS, with

the presence of an INDEPENDENT COURT REPORTER;

t. Failing to address evidenced argument(s) as FACT – PRIOR to moving to

DISCOVERY and PREMATURELY moving for Dismissal.

2. These Evidenced ABUSES of Record Have Resulted in FOURTEEN (14) Judicial

DISQUALIFICATIONS:

a. US District Court Judge Allison Dale Burroughs;

b. US District Court Judge Denise J. Casper;

c. US Chief Judge Jeffrey R. Howard (First Circuit);

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d. US First Circuit Judge Juan R. Torruella;

e. US First Circuit Judge William J. Kayatta;

f. US First Circuit Judge David J. Barron;

g. US First Circuit Judge O. Rogeriee Thompson;

h. US First Circuit Judge Kermit V. Lipez;

i. US First Circuit Judge Sandra L. Lynch;

j. US Circuit Judge Norman H. Stahl;

k. US Chief Judge Joseph N. LaPlante (US District Court (NH);

l. US District Court Judge John J. McConnell, Jr. (US District Court (RI);

m. US District Court Judge John David Levy (US District Court (ME);

n. US District Court Judge William G. Young;

3. TREASON CLAIMS have Necessarily been Filed against EIGHT (8) Judicial

Officers for Continuing to Rule WITHOUT JURISDICTION:

a. US District Court Judge Allison Dale Burroughs;

b. US District Court Judge Denise J. Casper;

c. US Chief Judge Jeffrey R. Howard (First Circuit);

d. US First Circuit Judge Juan R. Torruella;

e. US First Circuit Judge William J. Kayatta;

f. US First Circuit Judge David J. Barron;

g. US First Circuit Judge O. Rogeriee Thompson;

h. US First Circuit Judge Kermit V. Lipez (NEW Claim)1;

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The appellant brings a NEW claim of Treason, under ARTICLE III, Section 3 against Circuit
Judge Kermit V. Lipez, as part of the REPLACEMENT Circuit Panel associated with Appeal
No. 17-1381, HARIHAR v. US BANK et al. As a matter of record, this panel continued to
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4. There are EIGHT (8) RECUSALS TO DATE – Collectively, the evidenced allegations

brought forth by Mr. Harihar have forced the following recusals:

a. US District Court Judge Allison Dale Burroughs – sua sponte recusal from

HARIHAR v THE UNITED STATES, Docket No. 17-cv-11109, for reasons

unknown;

b. US First Circuit Judge Juan R. Torruella – TWO (2) sua sponte recusals from

HARIHAR v US BANK et al (Appeal No. 17-1381) and most recently from

HARIHAR v THE UNITED STATES, Appeal No. 17-2074;

c. US First Circuit Judge William J. Kayatta - TWO (2) sua sponte recusals from

HARIHAR v US BANK et al (Appeal No. 17-1381) and most recently from

HARIHAR v THE UNITED STATES, Appeal No. 17-2074;

d. US First Circuit Judge David J. Barron - TWO (2) sua sponte recusals from

HARIHAR v US BANK et al (Appeal No. 17-1381) and most recently from

HARIHAR v THE UNITED STATES, Appeal No. 17-2074. Please be advised,

Judge Barron has also ADMITTED to having a financial relationship with

the Appellee – WELLS FARGO; and

e. US First Circuit Judge Sandra L. Lynch - sua sponte recusal from HARIHAR

v US BANK et al (Appeal No. 17-1381), for reasons unknown.

5. FILED CRIMINAL COMPLAINTS2 – The Appellant filed Criminal complaints with

the FBI on March 19, 2018 against referenced judicial officers (excludes Judges - Lipez,

ignore the Appellant’s judicial misconduct claims and proceeded to issue an order/judgment after
LOSING JURISDICTION. The Appellant, Court Clerk – Margaret Carter, Appellees and their
retained counsel ALL serve as WITNESS to this Treason claim(s).
2 See Exhibit 1

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Stahl and Young, who will be added to the updated criminal complaint). Please Note,

also serving as WITNESS to these evidenced civil/criminal claims are:

a. Circuit Court Clerk – Margaret Carter;

b. Assistant US Attorney (MA) – Mary Beth Murrane;

c. Assistant US Attorney (MA) – Dina M. Chaitowitz;

d. Assistant US Attorney (MA) – Cynthia Young;

e. ALL Appellees and representing counsel associated with HARIHAR v US

BANK et al, Appeal No. 17-1381.

6. US Government Offices/Courts/Agencies Regularly Updated – Aside from informing

the PUBLIC, Mr. Harihar - as a matter of record, has regularly updated (via US Mail,

email, or social media) the following Federal (and State) Offices/Agencies/ Courts of the

referenced judicial infractions:

a. POTUS;

b. SCOTUS;

c. US Office of the Inspector General (OIG) – specifically, IG Michael

Horowitz;

d. The Administrative Office of US Courts – specifically, Director James C.

Duff;

e. DOJ – specifically, US Attorney General, Jeff Sessions;

f. Members of the US Senate and House of Representatives – with specific

reference to the Appellant’s legislative leaders in MA: (1) US Senator Elizabeth

Warren (D-MA), (2) US Senator Ed Markey (D-MA) and (3) US

Congresswoman Niki Tsongas (D-MA);

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g. House and Senate Judiciary Committees;

h. House Oversight Committee;

i. Federal Bureau of Investigation (FBI) – including (but not limited to) specific

communications delivered to (former) Deputy Director Andrew McCabe;

j. Office of the Special Inspector General for the Troubled Asset Relief

Program (SIGTARP);

k. Securities and Exchange Commission (SEC);

l. Federal Trade Commission (FTC);

m. The Internal Revenue Service (IRS); and

n. Office of the Comptroller of the Currency (OCC).

AFTER REVIEWING the ORDER3 issued September 11, 2018 by Circuit Panel: (1) Chief

Judge Jeffrey R. Howard; (2) Circuit Judge Norman H. Stahl; and (3) Circuit Judge O.

Rogeriee Thompson, it becomes clear to this Appellant (and should be clear to ANY Objective

Observer), that the BLATANT JUDICIAL ABUSE OF POWER evidenced by this Federal

Judiciary has SPIRALED OUT OF CONTROL:

“…After our de novo review, we affirm the judgment of dismissal, substantially for the

reasons set out the district court's decisions dated August 11, 2017, and September 29, 2017.

We reject the remaining claims of error as meritless.”

3
See Exhibit 2
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To be clear, this Order is considered VOID. This latest example (synonymous with the

September 7, 2018 ruling in Appeal No. 17-1381), shows a Circuit Panel of Judges that

completely REFUSE to address JURISDICTION, and the PLETHORA of legal issues

(referenced within) which – individually and collectively re-affirm their disqualification. This

Panel has instead INSISTED on RULING WITHOUT JURISDICTION, brushing aside ALL

Appellant motions – in order to arrive at a corrupt and pre-determined outcome. BASED

ON THE EVIDENCED RECORD - EVEN IF JURISDICTION WAS NOT AN ISSUE

(which it certainly is) the mere suggestion that the Appellant’s claims are meritless reinforces

consistent claims indicating a JUDICIAL PATTERN OF CORRUPT CONDUCT. The record

clearly shows precisely how the Appellant has arrived at EACH AND EVERY EVIDENCED

conclusion.

AGAIN, at the forefront of this egregious abuse, is CHIEF JUDGE JEFFREY R. HOWARD,

who has long been considered disqualified to rule in this litigation. A thorough review of the

record now shows that the Chief Judge has lost complete control of this Court; to the extent that

MENTAL ILLNESS MUST be considered and thoroughly investigated. At the VERY

LEAST, the argument can be made where this Chief Judge MAY have influenced other judicial

officers to betray their oath. Collectively, these egregious judicial abuses – evidenced in FULL

PUBLIC VIEW, certainly contribute to the Appellant’s concerns for his personal safety,

security and the overall betterment of this Nation.

The Appellant believes that: (1) the level of evidenced judicial misconduct here is

UNPRECEDENTED; (2) without the ability to retain counsel, the proper path to a

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LEGAL AND JUST remedy is unclear; and (3) there does not appear to be a corrective legal

remedy without the assistance of either (or combination of): (a) SCOTUS; (b) the DOJ; or

(c) REMOVAL to a Congressional Panel. As a matter of record, the Appellant’s documented

efforts to abide by the process and file judicial misconduct complaints have yielded similar

PATTERNS OF CORRUPT CONDUCT by: (1) the Chief Judge; (2) Judicial Council; and

(3) includes multiple documented failures by the Court Clerk4 and Circuit Executive.5 These

documented failures indicate a clearly broken system within the First Circuit. As a matter of

record, the Appellant has necessarily brought this matter to the attention of The Administrative

Office of US Courts – specifically, to the attention of Director James C. Duff.

APPPELLANT’S CLOSING STATEMENT

After losing his HOME to an IDENTIFIED ILLEGAL FORECLOSURE, this legal

experience is one which NO AMERICAN should EVER have to endure. Based on the

Appellant’s interpretation of Federal law, those Judicial Officers of the Court who stand

accused of crimes including TREASON, have DISCRACED both the Court AND this Country

for which they have the distinct privilege to serve. There is NOTHING HONORABLE with

these actions; And when the accused are also tied to evidenced claims of ECONOMIC

ESPIONAGE, it is again the Appellant’s interpretation of the Law that they’ve now become

Domestic Enemies of The United States. Therefore, there MUST now be civil, criminal and

professional accountability for these evidenced crimes, including (but not limited to)

IMPEACHMENT under ARTICLE II, Section 4. ANY failure to do so will be IN FULL

4
References Circuit Clerk Margaret Carter.
5
References Circuit Executive Susan Goldberg.
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PUBLIC VIEW to ALL AMERICANS. Based on the historical record, the Appellant HAS

LOST ALL CONFIDENCE in this First Circuit’s willingness to initiate necessary corrective

action. This INCLUDES the First Circuit Executive and the Court Clerk, who have

personally witnessed these evidenced claims of TREASON and perceived threats to

National Security; but have FAILED/REFUSED to inform their superiors – thus adding to

existing Conspiracy claims.6 The Appellant therefore prays for relief/intervention from a

Court (likely SCOTUS) or Congressional panel with the jurisdiction to address these legal

issues.

Finally, the Appellant – MOHAN A. HARIHAR states that he has been respectful to this and

EVERY Court and has followed the law to the best of his ability for nearly EIGHT (8) years.

While the many evidenced acts of misconduct have shown cause to lose faith in government, it

remains my SINCERE HOPE, that the United States will take corrective steps in restoring that

faith. For documentation purposes, after sending a copy of the RESPONSE to the attention of

POTUS, confirmation of its receipt is attached with the filed Court copy.7 Copies will also be

made available to the PUBLIC and to the NATIONAL MEDIA, as this judiciary’s efforts to

“promote public confidence in the impartiality of the judicial process,” have clearly failed. By

informing the Public, ALL AMERICANS serve here as WITNESS. Parties are additionally

informed for documentation purposes, and out of the Appellant’s continued concerns for

personal safety/security.

6 The Appellant has necessarily brought evidenced Conspiracy claims in the related litigation:
(1) HARIHAR v THE UNITED STATES, Appeal No. 17-2074 (Lower Court Docket No.
17-cv-11109; and (2) HARIHAR v CHIEF JUDGE JEFFREY R. HOWARD, et al, Docket
No. 18-cv-11134.
7 See Exhibit 3

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If there is a question regarding ANY portion of this RESPONSE, the Appellant is happy to

provide additional supporting information upon request, in a separate, hearing and with the

presence of an independent court reporter.

Respectfully submitted this 20th Day of September, 2018

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com

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Exhibit 1

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The CRIMINAL COMPLAINT TEXT BOX reads as follows:

I, Mohan A. Harihar, complainant in this case, state that the following is true to the best of my
knowledge and belief.
DEFENDANTS:1.)US District Court Judge Allison Dale Burroughs;2.)US District Court Judge
Denise J. Casper;3.)US Chief Judge Jeffrey R. Howard (First Circuit)4.)US Circuit Judge Juan R.
Torruella;5.)US Circuit Judge William J. Kayatta, Jr.; 6.)US Circuit Judge David J. Barron;7.)US
Circuit Judge O. Rogeriee Thompson;8.)US Chief Judge Joseph N. LaPlante (US District
Court(NH);9.)US District Court Judge John J. McConnell, Jr. (US District Court (RI); 10.) US
District Court Judge John David Levy (US District Court (ME).
Contact Information: John Joseph Moakley U.S. Courthouse,1 Courthouse Way, Boston, MA
02210, Clerk's Office: 617-748-9057
ALLEGATIONS AND SUPPORTING FACTS: The crimes alleged against referenced officers of the
Court have occurred in the timeline associated with the associated litigation: HARIHAR v. US
BANK et al, Appeal No. 17-1381 (Lower Court Docket No. 15-cv-11880); HARIHAR v. THE UNITED
STATES, Appeal No. 17-2074 (Lower Court Docket No. 17-cv-11109); and actions related to filed
judicial misconduct complaints/petitions.
The evidenced allegations conclusively show that (at minimum) 6 out of 10 referenced officers
of the court have ruled without jurisdiction, constituting an act(s) of Treason under Article III,
Section 3 of the Constitution. The individual and collective actions of these court officers also
show the intentional and collective CONSPIRACY to (at minimum) Misappropriate a Trade
Secret (IP) designed to assist the United States with economic growth/repair associated with
the US Foreclosure Crisis. The complainant believes that upon further investigation, additional
(related) crimes committed by these officers will be evidenced. The Complainant maintains the
right to expand upon/file new claims if deemed necessary.
STATEMENT OF PROBABLE CAUSE: The Complainant states that these facts establish probable
cause that (at minimum) the following crimes have occurred: TREASON to the Constitution
under ARTICLE III, Section 3; ECONOMIC ESPIONAGE (Economic Espionage Act) 18 U.S. Code §
1831; MISPRISION OF TREASON 18 U.S. Code § 2382; 18 U.S. Code § 371 - Conspiracy to commit
offense or to defraud United States.
Supporting Documents are part of the Court record(s) associated with the referenced
litigation. Please be advised, since this matter involves evidenced claims of TREASON and
matters perceived to impact National Security, the Complainant (by his interpretation of
Federal Law) has necessarily communicated these claims to the President. Members of
Congress and appropriate agencies. The PUBLIC has also been copied out of concerns for
personal safety and security. Copies of this criminal complaint will be delivered to the
President's attention, filed with the Court and communicated to other referenced parties as
well.

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Exhibit 2

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Exhibit 3

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CERTIFICATE OF SERVICE

I hereby certify that on September 20, 2018 I electronically filed the foregoing with the Clerk of
Court using the CM/ECF System, which will send notice of such filing to the following
registered CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com

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