Case: 17-2074 Document: 00117283140 Page: 1 Date Filed: 04/30/2018 Entry ID: 6166466

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

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

APPELLANT DEMAND FOR CLARIFICATION RE: APRIL 30, 2018 NOTICE

On Monday, April 30, 2018, the Appellant – Mohan A. Harihar – a pro se litigant with NO

LEGAL BACKGROUND, received the following NOTICE1 from Clerk of the Court –

Margaret Carter:

“This is to advise you, pursuant to Fed. R. App. P. 34(b), that this case will be

submitted on the briefs without oral argument.”

Margaret Carter, Clerk

It is UNCLEAR, as to HOW – ANY submission, movement, etc.… is legally allowed,

considering the severity of unresolved issues which remain, BEGINNING with (but not limited

1 See Attachment A
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to) JURISDICTION. It would appear (at least on its surface) that by issuing such notice,

Clerk Carter and referenced Circuit judges appear determined to brush aside all motions

in order to arrive at a CORRUPT and PRE-DETERMINED OUTCOME. The Appellant

has clearly evidenced for the record, that Circuit Judges: Torruella, Kayatta and Barron

HAVE NO JURISDICTION to issue ANY orders associated with:

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

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

11109) or

3. ANY OTHER related complaint.

Please articulate and clarify for the record exactly what factors contributed to legally allow this

case to be submitted under Fed. R. App. P. 34(b) without oral argument, and under whose

authority - since Circuit Judges: Torruella, Kayatta and Barron are without jurisdiction. This

Court is respectfully reminded of the RE-FILED Motion/PLEA for Congressional Intervention

to REMOVE Circuit Judges: Torruella, Kayatta and Barron, filed on April 26, 2016, which

is still pending.

Clarification is additionally requested for the record with regard to the following:

1. Clerk Margaret Carter – you have personally witnessed numerous instances of judicial

misconduct including (but not limited to) criminal Acts of TREASON under ARTICLE

III - evidenced by the Appellant, Mohan A. Harihar. You are fully aware, that Circuit

Judges: Torruella, Kayatta and Barron have NO JURISDICTION to rule here, yet

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you continue to act as if there has been no judicial infraction, OR as if they are somehow

EXEMPT from upholding their Judicial Oath and Federal Laws. The law clerks’ duty

of confidentiality ends when a clerk believes a federal judge(s) has done something

wrong outside of the deliberative process. The confidentiality guidelines for law clerks

are intended to preserve the judiciary’s integrity. The fundamental goal of the

confidentiality guidelines would be subverted if the rules forced law clerks to be silent

about judicial misconduct. WHEN A JUDGE engages in illegal activities or

inappropriate behavior (as is the case here), that’s clearly NOT what’s intended to be

confidential. Please NOW clarify your position for the record exactly WHY you have

remained silent after witnessing such egregious (and criminal) judicial misconduct.

Also, please be advised that criminal complaints are already filed with the FBI against

you. Allegations include (but are not limited to): MISPRISION OF TREASON 18 U.S.

Code § 2382; 18 U.S. Code § 371 - Conspiracy to commit offense or to defraud

United States; and ECONOMIC ESPIONAGE (Economic Espionage Act) 18 U.S.

Code § 1831. The Office of the First Circuit Executive and the Administrative Office of

US Courts has also been updated regarding these evidenced allegations. Referenced

offices/agencies will be again updated once your response is documented. Should you

fail (or refuse) to provide the requested clarification, that too will be documented.

2. The referenced NOTICE states that this case is being submitted to a panel consisting of

the following Circuit Judges: Jeffrey R. Howard, Chief Appellate Judge; William J.

Kayatta, Jr., Appellate Judge; David J. Barron, Appellate Judge. Each member of

this panel has LOST jurisdiction to rule on the referenced case, INCLUDING

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CHIEF JUDGE HOWARD. Please clarify for the record exactly HOW this panel was

allowed to assemble, considering NOT A SINGLE JUDGE HAS JURISDICTION.

Please be advised, as representing counsel in this case to Appellee – The United States,

Assistant US Attorneys – Mary Murrane and Dina M. Chaitowitz have ALSO personally

witnessed referenced acts of judicial/criminal misconduct as well as Clerk Carter’s failure to

report these evidenced claims. This Court is aware that the Appellant sent an e-mail

communication to Assistant US Attorney Murrane on April 16, 2018 requesting an update as to

WHEN Federal Prosecutors are expected to officially bring criminal charges against referenced

officers of the Court. The referenced 4/30/18 Notice will now serve as a contributing piece of

evidence for Federal Prosecutors.

This continued PATTERN of CORRUPT CONDUCT exemplified by the First Circuit

Judiciary reinforces the Appellant’s Plea for Congressional and DOJ intervention, and

certainly TRANSFER to another Circuit that actually has jurisdiction to proceed without

causing any further, unnecessary judicial delay.

The President will receive a copy of this response, as it identifies incremental acts associated

with filed Treason claims under ARTICLE III, Section 3. Additional parties receiving copies

of this RESPONSE include (but are not limited to): 1.) The Administrative Office of US

Courts, specifically – Director James C. Duff, 2.) Governor Charles Baker (R-MA), 3.) US

Senator Elizabeth Warren (D-MA), 4.) US Senator Ed Markey (D-MA), 5.) US

Congresswoman Niki Tsongas (D-MA), 6.) The FBI and 7.) The Office of the Inspector

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General (OIG). A copy will also be made available to the PUBLIC, out of the Appellant’s

continued concerns for his personal safety and security.

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

President, confirmation of its receipt is attached (See Attachment B) with the filed Court copy.

If there is a question regarding ANY portion of this motion, 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 30th Day of April, 2018

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

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Attachment A

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Attachment B

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CERTIFICATE OF SERVICE

I hereby certify that on April 30, 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:

Assistant US Attorney Mary Murrane

Assistant US Attorney Dina M. Chaitowitz

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

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