UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

_______________________________________

VIERTEL, Petitioner, Defendant 08-cv-7512 (JGK)

- against 01-cr-571 (pseudo)

UNITED STATES OF AMERICA, Respondent. Motion for

________________________________________

1) An ORDER revoking ORDER [01-571 D.E. 324] for Pompous Obstruction of Justice
and Concealment of Jurisdictional Vacuity ab ovo, in particular abject reliance upon
D.E.#2 as issued by unassigned Magistrate [Pitman] , a colporteur without authority to
issue or file any judicial document in this Case. The filing was unlawful.

2) An ORDER for VACATUR, nunc pro tunc, of proceedings 08-cv-7512 & 01-571, for l
lack of jurisdiction and lack of Grand Jury authority, ultra vires conduct and
unconstitutional proceedings void of valid INDICTMENT presentment in OPEN
COURT

3) directing Court Administrators and the USANYS to produce verifiable, certified

records that SHOW OPEN Court proceedings on 6/14/2001 before Mag. Dolinger,
SHOW verifiable records of a SEAL application granted to Mary Jo White, SHOW a true
AO 190 form executed under oath by foreperson Rehm, and SHOW CAUSE why
Indictment Cover Sheet US-33 ED proof that the indictment was filed on the same
day, 6/19/2001, on which Koeltl was assigned for all purposes should not VACATE
index 01-571 for continuing official fraud upon Court and Defense, and

4) Directing the Court Admin to investigate seriatim improprieties on notice per

Administrative Correction Demands received from Maitre Funaro on Nov-1-2016 by
SDNY DOCKET UNIT and to prohibit further tampering with all records but to preserve
records for certification,

Alternatively labeled as procedural Writ of Audita Querela, and/or:

1
 5) Direct a blind Transfer of this Motion to a random impartial Art. III Decider [drawn
by a tamper-free Wheel] followed by Judicial RECUSAL with DEPARTURE1 from the Federal
Bench2 under U.S.C 28 371, for scoffing at good behavior doctrine, conscious avoidance of
prejudicial improprieties, Conflicts of Interest and exceptional Un-Americanism.

Preamble: Due Process died in Darkness!

November 9th 2016 was a luckless day for the United States3. A runner-up head-count of
Citizen Votes pre-picked 304, essentially anonymous, Electors; enough to [s]elect POTUS 45 in
December peeling the last veneer of semi-respectability off a divided Nation. DJ Trump: I won
and you did not. #MAGA

Albeit, November 9th 2016 was even more devastating for the failing Reputation of the
Federal Judiciary: one out of 677 retail justice inductees, Dr. John Koeltl, attempted, once
more, to keep rigging his prejudice-con, to pull off a Munchhausen 4 stunt and pull himself by
his own hair [along with his panic-stricken Court handlers] out of Moynihans swamp, a
swamp that might be cleaned forthwith, if Roy Cohns top disciple, POTUS45, perfects his
central proclamations before it is over.

Dr. Koeltl failed, Swamp won.

Federal Courts have an obligation to ensure that standing exists and Article III jurisdiction is
truly established by strictest adherence to Congressional Prerequisites and Rules of Procedure,
which require a Grand Juror Forepersons presentment and allocation of sufficient agreement
from the Grand Jurors in Open Court on a verifiable date and time and before a Magistrate or

1
Chief Justice Rehnquist propagated a parallel second avenue: Involuntary removal
by writ of scire facias, 116 Yale L.J. 72 (2006) How To Remove a Federal Judge by
S.Prakash, S.D. Smith, http://www.yalelawjournal.org/pdf/438_q54sjnwz.pdf
2
It is a small step for a federal judge, but a big step for the Reputation of the
United States RULE OF LAW
3
A majority opinion of American Citizens disapproving of POTUS45 (6/28/2017)
4
Hieronymus Carl Friedrich Freiherr von Mnchhausen (* 11. MAY 1720; 22. FEB 1797)

2
Judge sitting with authority to accept or deny a Presentment on the record, and a reporting
transcript duly filed.

COURT RECORDS ARE SUBJECT TO JUDICIAL NOTICE

Court filings, but also deficits of procedurally obligatory court filing are just the kind of
elements that are not subject to reasonable dispute and are capable of accurate and ready
determination under Rule 201(b)(2) of the Federal Rules of Evidence. Accordingly, it is proper
even compulsory for Courts to take JUDICIAL NOTICE of their existence or their instant
consequential non-existence of these instruments, see also Roe v. Johnson, 334 F. Supp. 2d.
415, 419-20 (Cote, J. SDNY 2004). TAKE NOTICE of EXHIBIT A , FORM USA-33.

The 11/9/2017 ORDER is a legal NULLITY

Egocentricity seems to be one of the basic causes underlying the ORDER, filed 11/9/16, as a
pseudo HAIL MARY to further diversion and obstruction of sunshine, hamper discovery of
constitutional violations, ultra vires judicial acts and continuance of derailments of justice. The
writ is scandalous, and rejected for bad faith, also, according to jurists of reason and real,
deputized, honest law clerks upon its circulation and review. #ULTRAVIRESWRIT

J.D. Koeltl clutched onto his Para-judicial 01-571 robe after conscription to shield his own [well
informed insiders report] accomplices, alumni and MJ Henry Pitman 5 from being held
criminally liable, disbarred and shamed for his aiding and abetting, usurpation of authority in
subscribing and autographing of a nugatory falsification [he] filed 6/19/2001: the FAKE
INDICTMENT6 of D.E.#2 [reporting hearsay proceedings in another courtroom he never
witnessed or verified, and unsealing a frivolous, fictitious envelope absent from the VAULT]

5
https://www.scribd.com/document/352810582/Jurist-Henry-Pitmann-Pinocchio
6
Movant received various explanations from former AUSAs on the preposterous
INDICTMENT label on D.E. #2, most credibly being that of Whites proctors under
rush to create a fig-leaf ruse for Koeltl who demanded, for taking on this
bogus, backdated case in support of his deniability. It was an unlucky TYPO

3
 This questions pops up: Why did MJ Dolinger not file, release his
judicial proceedings and Docket history, if his partaking in a Application for
Leave to Seal was true, but was not on RECORD, or why did Dolinger not
release, file his putative ORDER to seal and place a probably phantom -
special Seal envelope into the Vault7 in Room 270 ?

The Answer is evident: Because none of the above took place

6/14/2001, less in OPEN COURT and running tape recording (Reporters have no
Recordings/Transcripts on record for 6/19/2001 Dolinger afternoon re
Unknown Defendants).

Pursuant to information and belief, Doctor Koeltl was motivated for more evasions by
[panicked] Court Keepers whose top obligations [to maintain honest, true public records] were
scandalous scoffed at, over and over. As a result the Keepers faced a devastating Reputation
Liability if they were not proforma salvaged from their express duty of investigating Maitre
Funaros avuncular that raised prima facie verifiable and verified claims [DE324, intra] for

a) in-Court-house docket doctoring falsified entries,

b) backdating by time stamps,
c) SOLimitations tampering,
d) bogus rubber stamps of robo-autographs by
e) fictitious non-deputizable-clerks [inked on vapor- arrest-warrants8], and
Most sinister

break during a nefarious cut & paste job on USANYS word processor in the War
Room, sources said.
7
Court records are separated by case activity status and/or document type. In the
Daniel Patrick Moynihan U.S. Courthouse, records are located in three different
rooms, Open Records Room, Closed Records Room and the Records Management
Unit/Sealed Documents.
8
Magistrate Dolinger, for that matter, had no basis, had no CASE and had no
Charges to accept for the RECORD nor did he sign A/Ws, as three 6/15/2001 dated
Fake Arrest pamphlets evidence by Dolinger omitted autograph box. FBI sources
stated, that, for valid A/Ws, official or FAKE FUGITIVE designators are
implausible and potentially incriminating, if discovered. John G. Koeltl allowed
two FAKE arrest warrants to vanish before/during Blumenberg/Lees arraignment.

4
 f) the continuing enterprise of prejudicial confederacy in concealment of official
misconduct, expansive, risky and constitutionally violative.

This type of serial Official Misconduct was not only based upon seemingly pathological
xenophobia versus two aliens, who dared to rock the federal boat [after both ineffective
defenders demise], this pattern of official misconduct, at least in 500 Pearl Street, was not
sickness; it was malice, ongoing animus, and bad faith anxiety over public exposure how deeply
this corrupted culture of the Nations Mother Court would run, and how officials wrong-turned
on every corner demonstrating total vacuity of good behavior9 or ethical conduct.

A decades-long, now retired top-staffer, labeled this Southern Courthouse workplace in

shameful retrospect: cesspool of iniquity for 220 plus years [sic].

It seems therefore safe to conclude that only FAKE JUDGES would repeatedly deny
access to [16 years aged] Grand Jury transcripts of all-important late afternoon10 proceedings
of June 14, 2001, at a 11th-hour-time, when Grand Juror attentions might have focused upon a
most urgent overt acts INDICTMENT, until then, just a proposal before midnight, expiry of
the only overt acts (by themselves bogus and incredulous as such to any unbiased observer).
Koeltl could even in chambers - redact names of buddies out, but, to repeatedly and
persistently pretend judicial authority ultra vires and pseudo for sure to block examination
of the June 14, 2001 Grand jurors path or resistance to block or to concur on what must have
smelled like trumped up, ultra-last minute charges in favor of fictitious losses by a foreign
owned victim, a corporation that made a bundle, $16.000.000 in fact, from the charged
conduct, facts the prosecutors were hiding from the Jurors.

Pseudo Hizoners FAKENESS was reaffirmed upon serial denials of a Movants right to
ascertain whether 1-2-3 look-alike Arrest Warrants were authentic. Whether a seemingly

9
To say it clearly: [b]oth, the Continental Congress and the state constitutions
clearly did not equate good-behavior tenure with impeachment. They devastate the
conventional conflation of good-behavior tenure with impeachment.

10
Thus far, just 5 Pages Grand Jury Transcripts 6/14/2001 [noon] of FBIs
OSullivans scripted intercourse with AUSA Harris were previously disclosed, and
were par for a course of intramural complicity and collusion]

5
deputized Clerks inky autograph imprints [Latina ghost Melanie L. Lopez] were legitimate
or, Melanie L. Lopez [view ORDER on 6 of 7] was the Southern COURTs fictional ruse in
pretense of a true deputized United States Citizen or identity fraud not covered by the OATH
OF OFFICE.

Koeltl ruled that he wont go there11, neither anyone else under oath to follow rules
and guidelines of the AOUSC, prohibiting all fake rubber signature-stamps in view of all the
various FAKE Court pamphlets unethical attorneys and their collection agents use so
frequently, that Courts websites posted ALERTS to warn the public at large12.

Key leaks and hints came from genuine patriotic Court staffer13, who of course - never
met Melanie in the flesh, never inside elevators nor at lunch-break; he/she found no email
account, no PBX-extension nor a desk, absent from the NYSDs directory for more than a
decade. [].

To add insult to injury, USANYS James Comey a sudden nolled [second] pseudo defendant
John Lee, not a protected journalist, exactly 15 years ago, since Lees Akin, Gump counselor
Richard Zabel had faxed a direct admonitory to Dr. Koeltl [mid June 2002] stating that
improprieties during Junes 2001 Grand Jury proceedings would be unearthed by defense
investigations unless, Lee was nolled swiftly. Less than 2 weeks later, Lees nolle prosequi14
vested through complicit signatory Dr. Koeltl.

Thus, at every turn, Dr. Koeltl traced a path to erode the dignity of the judiciary a bit more,
another lie, another denial, another collusion and confederacy, modern day judicious,
POTUS45 would tweet. #JGKangaroo

11
Mukasey allegiance gone off-road historians believe
12
Reassuringly, POTUSs Secretary of Labor, Acosta, had knowledge in June 2001, as
USA-FLSD, that Melanie L Lopez was a fictitious NYSD rubberstamp (seen it all)
inked on a bunkum warrant 3 of his FBI S/As were to execute in Palm Beach.
All of them left the Force,

13
The in-house source: Pitman possibly obscured Lopez in chambers under the desk
or as bar maid
14
https://www.scribd.com/doc/310093270/not-guilty-as-charged

6
New Facts tossing all federal charges and claims ab ovo:

1) Main Justice confirmed of late15 that a departmental record searches were unsuccessful
in tracing and did not discover that AG John Ashcroft, Esq. had neither received nor log-
booked a request [obligatory action permit] from [then] holdover U.S. attorney Mary Jo
White; AG Ashcroft has no record of a bounce [DOJ lingo] and no record most
pertinent of any written AG grant of authority to seek a NYSD Grand Juror indictment
against [FIRST] putative defendant: Fritz G. Blumenberg. In that context and
timeframe, AG Ashcroft also did not grant authority before or about June 14, 2001 to
USANYS to seek enlargement of the unlawful and unauthorized Grand Juror proceeding
against [SECOND] putative defendant: John Lee, a delivery service executive, and
[THIRD] putative defendant: Christian T. Viertel, Movant, during all relevant periods
between April to June 2001, nor later once James Comey came along.

Clearly, the USAO must now be directed to swiftly produce a valid AG authority for
charge and arrest of Blumenberg and Movant Viertel, and, upon failure, draw
consequences under the strict due process rules of the Constitution.

2) Despite USANYSs directive to NY FBI to send a fraudulent 17 page interstate wire

transmission [provided by DOJ FOIA to Movant] destined to FBI residencies in New
Jersey, Connecticut and Florida on June 15, 2001 [which falsely claimed authority to
apprehend THREE FUGITIVES - two of them bona fide Journalists] such statutory
authority had not been sought nor received from AG Ashcroft and turned into a severe
constitutional violation that was grounded in according to Court leakers a corruptive
USANYS culture of misconduct and prosecutorial trespass. On the day after (FBI
message 6/15/2001) neither White & Co nor FBI folks were in possession of a signed,
filed, presented, or sealed Indictment, all they had was a proposed unsigned draft
version, which they transmitted to 3 States, and which Movant recovered from the SDFL
15
The procedural speed impediment is satisfied here in that an abundance of exculpatory
facts were DOJ retained, redacted, delayed and/or omitted from earlier FIOA request
dumps, or had simply been redacted. In this case, non-existent AG authorities permitting
Mary Jo White to charge/indict/label FUGITIVES and to arrest were just that: No-Existent,
thus undisclosed by the DOJ.

7
 records. (Snapshot Below Cover Page )

3) USANYS was without statutory authority to seek a joint Indictment in which two
actual Public Media Journalists were captioned Defendants

4) It became conclusive, that USANYS was probably unable, or also incompetent, likely
impotent or just lackadaisical to produce a genuine Grand Jury Foreperson in OPEN
COURT during any day of June 2001, and USANYS was coequally unsuccessful to
negotiate a presentment process of a Blumenberg Indictment in front of any Federal
Judge nor Magistrate ON DUTY [MJ Dolinger] because they failed to conjure the Grand
Jury. In particular, USANYS and SDNY are still unable to authenticate DUE PROCESS
as the continuing lack of recorded Court reporting demonstrates. Koeltl holds no
authority to waive the demand submitted Nov 1-2016 by Maitre Funaro to The Court
Administration. [view ORDER on 3,4,5,6, 7]

5) It is clearly established that no Judge may rule upon his authority once challenged when
he/she was conflicted out for self-dealing and collusion during the initiation of a
Criminal Proceeding in Federal Court: In 446 U.S. 147, 152 Baldwin County

8
 Welcome Center v. Brown (1984) SCOTUS ruled as follows: [p]rocedural
requirements established by Congress for gaining access to the federal Courts are not
to be disregarded by courts out of a vague sympathy for particular litigants. [and,
hey, a hint to inept practitioners who kicked this case along: The Morrison civil-criminal
ruse failed miserably last year]

6) Main Justice equally confirmed that a record search for April to June 2002 lacked the
obligatory request for AG authority to USANYS James Comey for seeking, filing and
proceeding on a superseder Indictment against 2 Journalists, unless he checked,
traced and relied upon a previously issued authority, and can deliver proof.

Thus, the Decider of this Motion must direct the USANYS to produce records upon
which Comey relied to supersede twice in 2002. This is not an OPTION.

7) Fritz G. Blumenberg was a decades-long resident [alien] bonafide member of the news
media and thus fully entitled to statutory, regulatory protections provided by 28
C.F.R. 50.10 Policy regarding obtaining information from, or records of,
members of the news media; and regarding questioning, arresting, or charging
members of the news media. Blumenberg did not fall under a foreign terrorist
exemption, therefore 28 CFR 50.10 applied as members of the press [FAKE and REAL
media, in todays world]. These guidelines, as set forth in 28 C.F.R. 50.10 are
prominently contained in the United States Attorneys Manual, 9-2.161 and provide
that charges and arrests must be approved by the Attorney General. SCOTUS held in
Morton v. Ruiz, 415 U.S. 199, 94 S.Ct. 1055 (1974) that where the rights of individuals
are affected, it is incumbent upon agencies to follow their own procedures. This is so
even where the internal procedures are possibly more rigorous than otherwise would be
required. At 235, 94 S. Ct. 1055. Neither White nor Comey obtained AG approvals
despite a five-year statutory time window running out June 14, 2001, midnight.

8) Christian T. Viertel was a decades-long bonafide member of the news media, fully
entitled to statutory, regulatory protections provided by 28 CFR 50.10 Policy
regarding obtaining information from, or records of, members of the news media; and

9
 regarding questioning, arresting, or charging members of the news media and
reflected by the United States Attorneys Manual, a mandatory guideline for White and
for Comey. Viertel did not fall under a foreign terrorist exemption. Viertel was
admissible and admitted to the United States based upon his INFORMATION MEDIA
work visa [Cat.I], issued by the U. S. Consulate in Marseille, France. Issuance of an I
Visa caused DOJ/INS in 1999 to produce and deliver a PortPASS electronic entry
card, a U.S. Government picture ID, that allowed simpler entry into U.S. ports equipped
with hand-scan equipment. In February 2001, Movant last entered the U.S. via pre-
clearing at Toronto airport as a duty Journalist entitled to untimed lawful presence
[D/S]. Thus, DOJ/INS and FBIs database in use at USANYS had dispositive data and
knowledge of Viertels status as a member of the Press. (see back of DOJ card16 below)

9) Koeltl posits in 01-571 D.E. #324 on November 9, 2016: The records indicate that, in
Dkt. 01 cr-571, an indictment was filed under seal on June 14, 200117, and that it was
unsealed on June 19, 2001. There is no basis to alter any records because the records
are correct. The absurdity of this missive and false descriptions becomes clear when
correctly viewed on the basis of facts:

16
DOB redacted

17
In Manhattan, sealed records are accepted each business day between the hours of
8:30 a.m. and 5:00 p.m., excluding holidays, like June 14, 2001 United States Flag
Day.

10
 a. MJ Pitman18 was without jurisdiction to subscribe and/or sign off on D.E. #2,
a novelty pamphlet labeled INDICTMENT 01-571 (see D.E.324 7).

b. In Moynihans U.S. Courthouse, sealed records are accepted19 each business day
between the hours of 8:30 a.m. and 5:00 p.m., excluding holidays.

c. Pitman was unaligned and unassigned to this Case, a pertinent fact pointed out
by law clerks at the CA2 reviewing this lower insanity

d. Unassigned Magistrates hold no official authority to order or perform diddly

squat [sic] in an OPEN case, let alone, anticipatory, in a not yet Opened case,
since Pitman signed the novelty deed from the Mollos-USA-Paper-mill on
6/19/2001 about 30 minutes prior to a reliable USANYS staffer who performed
an inaugural filing [without Foreman, AO 190 or jurisdictional Validity at the
Clerk window] of a look-alike of INDICTMENT 01-571 and the obligatory
COVERPAGE USA-33s-274 .

e. JUDICIAL NOTICE IS HEREBY MADE OBLIGATORY: THIS FORM

FILED ON 6/19/2001 AND MICROFILMED20

18
Unassignee Henry Pitman, Poster-Boy for Government witness tampering
19
NYSD: If you arrive after 5:00 p.m. you may use the electronic time clock to
stamp the date and time in the upper left hand corner of the envelope. The clock is
located next to the night deposit box by the Worth Street entrance. Do not put the
documents in the night deposit box. Present the envelope the following business day
to receive the previous days file date.Records Management Department, Room 270
500 Pearl Street, New York, NY 10007

20
If, by some odd malfunctioning, this USA-33 obligatory Cover Page was removed,
lost, dislocated, was stolen, swallowed, burned or has otherwise gotten lost,
Movant has a fine SPECIMEN of this USA-33, EXHIBIT A below. It is not unusual,
Movant is told, that operations SWEEP and PURGE take place in Room , and was
executed by a transgender swat

11
f. Right after, the Criminal Wheel [for those who believe that] was written up to
have spit out JUDGE KOELTL at 09:40. For all purposes. The USANYS
staffer recorded these events in his handwriting and autograph.

g. Since FILING of Indictment coincided on 6/19/2001 with Koeltls

ASSIGNMENT on record, the House of FAKE CARDS, the one Dr. jur. Koeltl
constructed, collapsed. All the Kings men and all the Kings horses see that a
Koeltl is not entitled to his own facts, and opinion doesnt matter anymore.

h. Unassigned Magistrates lack wherewithal to unseal any envelopes from the

Closed Records Vault particularly those that are not inside, were not sealed, nor
unverifiable not by hearsay - under a judicial grant, more plausible, the lack of
such grant for judicial seal-this authority.

i. Unassigned Magistrate Pitman had no authority to pardon or paper-over fatal

government shortcomings inside Grand Juror Chambers, and less authority to
denigrate the proper and efficient administration of justice , label a pamphlet
INDICTMENT or act in pretense of a judicial officer. On 6/19/2001 unassigned
Pitman shriveled to a mere bar-card holder [sic] in substantive violations of both
professional ethics rule books, NY and ABA, FRCrP and his Bench Book.

12
 j. Sources suggest, that Pitman was practicably compensated for his dark
complicity, as such deals were piece and parcel in the arsenal of prosecutorial
culture at USANYS in 1999 and beyond into the new millenium.

k. If Gov accomplices White, Harris, Weddle had submitted a judicially granted

LEAVE to SEAL application and possessed such VAULT DEPOSITORY
authority, dated and on-record, at least one of the countless government lawyers,
Bharara, Zabel or Garcia, under threat of eventual professional sanctions and
coequal sanctions for John Koeltl, Pitman, would have produced it, long ago. The
NYSD Docket Unit never received such LEAVE to SEAL process/envelope on
June, 14 2001 or beyond.

l. On June 14, 2001, for proud U.S. Flag Day, Pitman was OFF BENCH,
vacationing but for sure in absentia from Moynihans Courthouse and
Magistrate Dolingers all day wide-Open-&-busy Courtroom, that cannot
really be tapped as in POTUS45s ruse for the Oval Office.

Therefore, Koeltls missives have no shred of credibility but deeply

offend the XIV. Amendments guarantee of due process. [SO SAD!]

Rather a self-absorbed knowingly false statement under pretense and conceit,

because real hard-copy and Pacer records that Pacer, Records, Court staffers and
investigators provided to Movant Viertel and which Maitre Funaro submitted [partially]
to NYSD Court administrators, the probative elements are directly contrarian conflicting
with the vainglorious trails Koeltl suggests. Consequently the records submitted
utterly repudiate what Koeltl & Co. withhold, conceal and thus, invalidate Koeltls
malicious conjectures.

In particular, Koeltl simply failed to provide the LOG BOOK ENTRY from the Closed
Records Room (beginning on noon June 14, 2001, on United States Flag Day), an
official book that shows no registry entry for June 14, 2001 of a single SEAL envelope
sent over by ORDER of a Magistrate or Judge, nor does Koeltl produce the LEAVE TO

13
 SEAL application purportedly submitted by Mary Jo White [wink-wink: she didnt],
for all of us baffled spectators to finally see proud, honorable, federal justice in action,
vel non.
If Koeltl had access to Whites Submission, he would have publicized his
trophy. But, there is no Show and Tell in Room 12B. [Proctor White is invited to
comment and show her goods]

There is an old dogma which holds true, holy water and validity:
sapiens nihil affirmat quod non probat.

10) Koeltls newest ORDER without any tenable proof on the basis that the Docket was
severely doctored just by the real-time-line fact, that a Case that was PACERED
open 6/19 cannot contain VALID events prior to that OPEN date, and 6/14 is 5 days
earlier, a backdated false entry.

11) Pitman, who was retained by bar-fellow White to drive the get-away-scot-free jeep,
made Court staffers very uncomfortable to conclude unanimously on the latest
ORDER DE324: Koeltl is considered a liar, here, Court Administrators obliged him to
protect them, shield their system and the accomplices foremost Pitman, because the
hierarchys belief win-at-all-cost and in [Un-]American Exceptionalism21 must be
upheld whatever they [wrongly] blamed Prince Grigorij Aleksandrovi Potmkin for.
The Southern teams mistaken belief in immunity has makes no sense without
jurisdictional foundation.

Since November 9th, 2016, we contacted high quality in-house NYSD sleuthhounds who
attempted to verify Koeltls claims and found them not to be truthful and devoid of judicial
accountability obligations:

1) No Court-RECORD exists filed by a Court-REPORTER of a June 14, 2001 presentment

of a true bill in Magistrate Dolingers Courtroom or elsewhere in the almost deserted
Moynihan Court House.
21
Where the betrayals, corruption and ingnobilites of those in abuse of the retail
level of the federal justice apparatus seems ubiquitous (Roy Cohn, Esq.)

14
2) No Magistrate Docket mj-INDEX Number issued on June 14, 2001 confirmed by a
simple search on ecf-PACER as unhampered, tamper-free proof.

3) No USANYS application for Leave to Seal was found, filed, or granted by MJ Dolinger
on June, 14, 2001 in a case against three putative defendants, in fact not any such
Application exists for June 14, 2001.

4) No RECORD exists that USC Form AO 190 was presented by Grand Jury Foreman
Rehm and none was signed under oath before MJ Dolinger that would affirm that a
sufficient number of Grand Jurors had VOTED in favor of a true bill.

5) No Record or Logbook entry was inscribed at the Sealed Records Management Room
270 on 6/14/2001 or beyond, that would reference No-Index-Blumenberg

6) In that specific context, clerks verified that SEALED Envelopes without a Judicial
Order and without an mj INDEX number are not acceptable and were not accepted
for Vault on 6/14/2001 or beyond. None ever.

7) The Consequence here is that the United States Prosecution had NO STANDING and
Koeltls JUDGESHIP assignment was that of a FAKE PROFORMA CASE that never left
port and took on water, not only due to the absence of crucially due process Form AO

15
 190 that turned out to have been hallucinatory and covered up by repeated Hocus-pocus
of Koeltls Mayflower demeanor contrary to the reality of a federal rubber dingy in
size of AG Janet Renos Lil Elins who floated ashore just sixteen months earlier:

8) JUDICIAL NOTICE OF MISSING FORM SWORN BY A GRAND JURY

FOREMAN:

9) The facts and Judicial Notice provided herein and earlier in several submissions result
in the conclusion that, from the ecf-Pacer-Inauguration on OPEN day 6/19/2001:

10) JUDICIAL NOTICE OF USA-33 form in EXHIBIT A (below)

16
Conclusions:

Dr. Koeltls acts- all of them - were ultra vires, had no basis in jurisdiction, in fact, in
docketing or in law22, and they were without judicial perspicacity. #JGKangaroo

It has become clearer over time, that 01-571 was one of those FAKE CASES, which did
not resolve and vanished because of suspicions23 and leaks over Dr. Koeltls serial DENIALS24,
deemed demeaning and offensive to Fourteenth Amendments guarantee and priceless value of
DUE PROCESS by many inside the Courthouse.

22
According to Court sleuths, it was Koeltl who demanded June 2001 from USA White
and AUSA [his HLS alumni] Mark Harris, to either get a FAKE [Pitman] Order to cover
up grave deficiencies in the docket and Grand Jury results and to wipe Dolingers
neutrality and disinterest in this scheme off the chalkboard. Otherwise, he would not
risk presiding over a FAKE CASE and to run yarn around inept defense attorneys (except
Dick Zabel). After Lee was nolled [today 15 years ago], Koeltl colluded with Harris
and [yet another HLS alumni] Marcia S. Cohen to enhance the sentences of these two
aliens to more than what assured removal from the United States to insure the most
protections from discovery of their schemes.

23
In short: Well, when you come down to it, I dont see what a lying judge could
do much to the search for truth, do you?
24

11/09/2016 324 ORDER as to Christian T. Viertel. The Court has received the attached letter from Aldo Funaro, the
counsel for the petitioner. The letter was originally addressed to the Clerk of the Court, but was
then forwarded to the Court for consideration of the petitioner's claim for "prejudicial extra-
jurisdictional docket correction of false entries" in Dkt. 01-cr-571. The petitioner's claim is
meritless. There are no records of the Court to correct. The records indicate that, in Dkt. 01-cr-
571, an indictment was filed under seal on June 14, 2001, and that it was unsealed on June 19,
2001. There is no basis to alter any records because the records are correct. The Court has
already rejected similar claims from the petitioner as meritless. Refer to 08cv7512 (JGK). (Signed
by Judge John G. Koeltl on 11/7/2016)(jw) (Entered: 11/09/2016)

Emphasis by Defendant: To quote two Russians, Ilya Ilf and

Yevgeni Petrov, authors of the 1928 satire The 12 Chairs,:
Its boring, ladies. We have seen this all before.

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 Therefore this MOTION shall be transferred for decision to an impartial Article III

Judge not associated or familiar to any part of these proceedings and be granted on the merits

in its entirety.

RECUSAL and DEPARTURE, as supported supra, under 28 U.S.C. 371 have merit and

might help to stimulate radical behavioral improvements at the NYSD and should be effected

accordingly forthwith.

Respectfully Submitted on this 3rd Day of July, 2017

Christian T. Viertel, Movant, pro se Maitre Aldo Funaro, of counsel

Mail and Electronic Copy to NYSD Hierarchy, NYLJ, NY Bar Association, and Debevoise &
Plimpton, LLP., twitter.

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EXHIBIT A --------------- COMPELLED JUDICIAL NOTICE

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