Mortgage Movies Appeal FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

8/6/2019 Mortgage Movies Appeal FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist

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CHRISTOPHER KING, JD.http://KingCast.net

http://MortgageMovies.blogspot.com [email protected]

617.543.8085/m617.507.8031/f

13 August 2011 VIA OVERNIGHT U.S. MAIL

Re: FOIA Appeal on FOIA Request and Unchecked presence of mortgage fraud inIngress foreclosure case, Hillsborough South Case No. 2010-CV-571:

Dear reviewing counsel:

Certain of your DOJ staff are wasting taxpayer monies and abusing the public trust byfailing to provide a press exemption relative to requested FOIA information onmortgage fraud. As 60 Minutes has noted, this is an issue that affects every American

in one way or another, yet Attorney Larry Wahlquist conducted no analysis whatsoeverof my position as a journalist irrespective of the facts that:

1. NH U.S. District Court Magistrate Judge Landya B. McCafferty expressly ruled´KingCast is an African-American journalist«..µ

2. NH expressly ruled (in a mortgage website case no less) that website ownersin New Hampshire are journalists when they provide news and informationthat the public may find useful. As you may see on the following page, myjournal pages this year have approximately 160,000 hits. Two days ago Iposted a video of Senator Kelly Ayotte discussing her failures as NH AG on theFRM Mortgage Ponzi scheme and ignoring my notice of Felony Wire Fraud andit has already 988 hits. Please pardon the colorful language used to describe

Senator Ayotte: Kelly Ayotte Town Meeting: "She's full of shit...." (and will gut the CFPA) http://www.youtube.com/watch?v=jLS0N_hH-cc

3. My YouTube page has 244 subscribers, 190,000 upload views and 11,000channel views. I dare say that is indicative of reasonable consumer interestgiven that I do not publicly advertise or employ any hit-boosting software.

4. I am published in Boston area newspapers and television.5. I am published in respected mortgage journals on the World Wide Web.6. I was a guest speaker at the 2011 New England News and Press Association

annual trade show and conference.7. The denial of media status is arbitrary and capricious as you may readily

determine by the correspondence between Attorney Wahlquist and me. In

point of fact, at the height ² or nadir ² of his insouciance he didn·t evenrespond to the letter written below.

Twenty years ago my first job as a licensed attorney was to make the transition fromlaw clerk to Assistant State Attorney, because I believed in our government and in oursystem of laws. By his (in)actions in this matter it is patently evident that AttorneyWahlquist is disrespecting that system of laws because he doesn·t like what I amexposing.



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However, to my knowledge the Statute doesn·t read ´FOIA exemption for journalistswho don·t ask troubling questions,µ it simply reads ´journalists.µ

Please review this matter and remand it to Attorney Wahlquist with an explicitinstruction advising him to forward the requested materials. I thank you in advance foryour time, effort and consideration of the matters presented herein.



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http://www.youtube.com/watch?v=Qai4X9bUSNI (video embedded at Attachment 1)http://www.youtube.com/watch?v=1_lwjNvqdcI (video embedded at Attachment 2)

Re: Dereliction of Duty by U.S. Trustee Lawrence Sumskiand Counsel Larry Wahlquist in Leslie Crepeau Bankruptcy Case:

http://www.youtube.com/watch?v=y5mtCjSioKE (video embedded at Attachment 3)

(Overnighted via FEDEX for 5 August 2011 delivery)Dear Attorney Wahlquist:

First of all regarding your footnote about not receiving my 21 March, 2011 letter all Ican say is perhaps you need to have a word with your Manchester U.S. Trustee clientbecause I am clearly seen passing that letter to the clerk in this video with theinstruction to forward it to counsel« meaning you. They forwarded the prior requestso they know the routine. This is simply further indicia of Bad Faith from that office:http://www.youtube.com/watch?v=y5mtCjSioKE

I am in receipt of your FEDEX letter dated 1 August 2011 and in return provide youwith this overnight letter noting that your perfunctory (read: nonexistent) analysis ofmy status as a bona fide member of the media is incorrect and will be appealed shouldI not hear from you on or before 9 August, 2011.

To wit:You cited a case in Bad Faith and cut off the rest of the paragraph so I have to call you

on it right here and right now Counselor. You had better watch for an Ethics Complaintagainst you if you persist in this sort of deceit: From the Government·s own FOIA guidefirst the part you included in your letter to me, then in red the part you omitted:

See also Brown v. U.S. Patent & Trademark Office, 445 F. Supp. 2d 1347, 1356-57(M.D. Fla. 2006) (finding that plaintiff has not shown "that he is a freelance journalistwith a 'solid basis for expecting publication'" (quoting agency regulation). But seeHosp. & Physician Publ'g, 1999 WL 33582100, at *3, *5 (ordering agency to apply news



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media status to plaintiff even though plaintiff had not gathered news in past butexpressed intention to do so in future; noting that requester represented thatinformation received "will eventually be disseminated to the news media," that it will"not receive any income from its news gathering activities," and that "any windfall tothe commercial aspect of its business will be negligible")

Have you actually read Brown? I have. Well the Appellate case you cited contains novital information so I pulled the original case from Lexis, and it informs this case:

First of all Brown didn·t even identify himself as media representative at the earlystages, as I have. Further, he was ´profiledµ but did not actually have any hostedstories or material as I do, not to mention the fact that my journal is replete withinformation noting that I am part of two different feature length documentary films onMortgage Fraud. Frankly I think Brown got the proverbial shaft because he was anunpopular Plaintiff and I am sending him a copy of this letter to tell him so.

************Nonetheless, you probably shouldn·t forget the fact that my requests are all based inNew Hampshire, in which case the Home State has already ruled that website owners

such as myself are indeed full-fledged journalists who may avail themselves of theprivileges and protections appurtenant. See Mortgage Specialists v. Implode ExplodeHeavy Industries (NH Supreme Court Rockingham No. 2009-262 May 6, 2010).

The record supports the following facts. Mortgage Specialists is a mortgagelender. Implode operates a website, www.ml-implode.com, that ranks variousbusinesses in the mortgage industry on a ranking device that it calls ´TheMortgage Lender Implode-O-Meter.µ On its website, Implode identifiesallegedly át riskµ companies and classifies them as either Ímploded Lendersµor Áiling/Watch List Lenders.

Branzburg v. Hayes, 408 U.S. 665, 704 (1972) (quotations and citations

omitted). The fact that Implode operates a website makes it no less a memberof the press. In light of the trial court·s implicit findings, we conclude thatImplode·s website serves an informative function and contributes to the flow ofinformation to the public. Thus, Implode is a reporter for purposes of thenewsgathering privilege.

The function and reality of Implode Explode and Mortgage Movies ² featuring actualNH, California, NJ court action are identical with respect to this analysis. Just becauseyou do not care for, or are ignorant of the law in the Forum State that the Feds mustapply does not give you the right to deny my media payment exemption.

Moreover you ignored the following indisputable fact of which I already announced:

In KingCast v. Kelly Ayotte, NH GOP and Nashua P D, NH Dist 2010-CV-501, MagistrateJudge Landya B. McCafferty expressly found that ´Plaintiff is an African-American

Journalist.µ



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As to my function, it is indisputable that by and through all of my websites, butparticularly through Mortgage Movies Journal, as a former LE Attorney and licensedtitle insurance producer I regularly (almost daily) publish periodicals read by hundredsevery day and ´provide information as primarily benefitting the general public,µ perNational Security Archive v. Dep't of Defense, 880 F.2d 1381 (D.C. Cir. 1989) as citedin Electronic Privacy Information Center v. D.O.D., Civil Action No. 02-1233 (2003). I

have email mailing lists, online registered followers at Chris King·s First AmendmentPage and Mortgage Movies Journal and many many more who follow informally.

Nor are my efforts of a commercial interest as contemplated by the government·s ownFOIA Fee Waiver guide:http://www.justice.gov/oip/foia_guide09/fee-waivers.pdf

In sum:Congress, borrowing from both the Court of Appeals for the District of ColumbiaCircuit's opinion in National Security Archive v. DOD and the OMB Fee Guidelines hasnow statutorily defined a "representative of the news media." This subcategory includes "any person or entity that gathers information of potential interest to a

segment of the public, uses its editorial skills to turn the raw materials into a distinctwork, and distributes that work to an audience."

Additionally, Congress incorporated into the statutory definition the OMB FeeGuidelines' definition of "news" as "information that is about current events or thatwould be of current interest to the public."

The new statutory definition also addresses the potential growth of alternativenews media entities by providing a non-exclusive list of media entities.

Finally, the statutory definition specifies that freelance journalists shall beconsidered representatives of the news media if they "can demonstrate a solid

basis for expecting publication through [a news media] entity, w hether or not the journalist is actually employed by the entity ."



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That·s all I need to say to you at this point. Other major press has run my video andhosted my pictures, including WBZ TV here in Boston and many others. As you alreadyknow, New England News and Press brought me in as a guest speaker for the 2011NENPA Annual Trade Show Convention so your denial is not going to be well-taken onappeal. I will try to save you the embarrassment in the a priori sense:

As I am a gentleman, and as I want the record clear, I am going to give you one lastchance to get it right.

Now then as to the substantive clarifications you are correct, I seek:

1. Phone records fro the Manchester office, 1 Jan to 15 March, 2011.2. Case numbers of any mortgage-related prosecutions the Manchester office has

been involved in since 1 January, 2003.3. Complaints filed in the Manchester, Boston and Worcester offices as well as the

Executive Office, by any mortgagor (or representative) regarding mortgageand/or foreclosure issues since 1 Jan 2006 and

4. The no. of records filed with Courts.

Thank you for your continued attention to this matter as it is very serious: You may beaware that NJ U.S. Senator Robert Menendez, unlike NH Senator Kelly Ayotte ² istaking proactive steps in a similar manner:



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http://mortgagemovies.blogspot.com/2011/08/kingcast-downgrages-nh-senator-kelly.html

MONDAY, AUGUST 1, 2011

KingCast downgrades NH Senator Kelly Ayotte; salutes NJ Senator Robert

Menendez for demanding proof of claims and show cause on foreclosure mill androbo-signature bad faith cases.

http://tinyurl.com/3e64w2o

Sen. Menendez and Colleagues Urge Transparencyin Foreclosure Practices.

Respectfully submitted,

/s/ Christopher King, J.D. _______________________Christopher King, J.D.

cc: World Wide Web

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Mortgage Movies Appeal FOIA Media Exemption Reply to U.S. Trustee Attorney Larry Wahlquist