IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

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

APPELLANTS EMERGENCY MOTION FOR CLARIFICATION AND

RECONSIDERATION

The Appellant respectfully prefaces this MOTION with the following Disclosure statement:

The gravity of serious legal issues addressed in the Civil Complaint against THE UNITED

STATES, this associated Appeal, and in the RELATED Appeal,1 include (but are not limited

to) evidenced allegations of TREASON under ARTICLE III, Section 3 of the Constitution,

Economic Espionage pursuant to 18 U.S.C. 1832 and are believed to impact matters of

National Security. Therefore, copies of this filed MOTION are sent via email, social media

and/or certified mail to: The Executive Office of the President (EOP), the US Inspector

General - Michael Horowitz, US Attorney General - Jeff Sessions, members of the US

1
The related Appeal references HARIHAR v. US BANK et al, Appeal No. 17-cv-1381 (Also,
lower court Docket No. 15-cv-11880).
Senate and House of Representatives, the House Judiciary Committee, House Oversight

Committee and to the Federal Bureau of Investigation (FBI). A copy will also be made

available to the Public. THEREFORE, ALL AMERICANS serve as WITNESS to these

evidenced acts of misconduct (alleged). Parties are additionally informed for documentation

purposes, and out of the Appellants continued concerns for personal safety/security.

AFTER REVIEWING THE ORDER issued December 7, 2017 the Appellant, Mohan A.

Harihar, identifies glaring concerns that respectfully, warrant IMMEDIATE clarification by

the Court. While the Appellants Motion was granted IN PART allowing an extension to file

his Appellate brief by January 29, 2017, the requested STAY of Appeal pending the decision(s)

of (at minimum) NINETEEN (19) UNRESOLVED ISSUES, was not. It is unclear exactly how

this Court could have arrived at this decision, considering the severity (and totality) of

unresolved issues. These unresolved issues are restated as follows for the record:

1. The Court has YET TO ACKNOWLEDGE AND ADDRESS JURISDICTION

issues pertaining to both this First Circuit Court of Appeals as well as the lower District

Court (Requests for clarification still pending);

2. An ANSWER from The United States, expected by 5pm on December 15, 2017,

regarding the Appellants GOOD FAITH Efforts to Reach Mutual Agreement;

3. An ANSWER from the Department of Justice addressing ALL RELATED CRIMINAL

CLAIMS associated with this litigation, brought forth by this Appellant;

4. The Court has YET TO ACKNOWLEDGE EVIDENCED ACT(S) of TREASON

under ARTICLE III, Section 3 of The US Constitution;

5. The Court has YET TO ACKNOWLEDGE Evidenced ECONOMIC ESPIONAGE

claims pursuant to 18 U.S.C. 1832, and matters believed to impact National Security;

6. The Court has YET TO ACKNOWLEDGE legal issues within AND extending

BEYOND this Federal Judiciary, including (but not limited to) Title 18, U.S.C., Section

242 Deprivation of Rights Under Color of Law; Title 18, U.S.C., Section 241

Conspiracy Against Rights; Title 18, U.S.C., Section 1001 Fraud and False

Statements; Title 42 Sec. 1983, Civil action for Deprivation of Rights.

7. The Court has YET TO ACKNOWLEDGE reported JUDICIAL FAILURES

including (but not limited to) evidenced claims of Judicial FRAUD on the COURT;

8. The Court has YET TO ACKNOWLEDGE the Plaintiffs REPEATED concerns for

his personal SAFETY AND SECURITY;

9. Request for the Court to Assist with the Appointment of Counsel pursuant to 28

U.S.C. 1915 (Motion still pending);

10. Reimbursement of accruing Legal Fees due to the Appellant, as stated within the record

(Motion still pending);

11. The Court has YET TO ACKNOWLEDGE DEMAND(S) for TRANSFER;

12. The Court has YET TO ACKNOWLEDGE DEMAND(S) FOR

CONGRESSIONAL INTERVENTION;

13. VALIDATING the referenced Dismissal Order (Motion still pending);

14. The Court has YET TO ACKNOWLEDGE the relationship of this Complaint to

HARIHAR v US BANK et al (Appeal No. 17-1381), including PACER recognition;

15. Plaintiff/Appellant prior DEMAND(S) for CLARIFICATION HEARINGS, with the

presence of an INDEPENDENT COURT REPORTER;

 16. REFUSAL(S) to RECUSE;

17. Plaintiffs evidenced argument(s) supporting PREMATURE DISMISSAL;

18. The Court has YET TO ACKNOWLEDGE and RECOGNIZE a well evidenced and

continued PATTERN of CORRUPT CONDUCT;

19. The Court has YET TO ACKNOWLEDGE the JUDICIAL MISCONDUCT

COMPLAINT(S) necessarily filed against Judge Denise J. Casper, and NINE (9)

other Federal judges related to THIS litigation;

The Appellant has set forth meritorious arguments in each of the issues listed above. Judicial

economy would suggest that staying the time for the Appellant to submit his Briefs (if it even

becomes necessary) while these issues are pending is certainly appropriate.

The Appellant respectfully requests clarification for the record with regard to the following:

1. Please clarify WHICH Circuit Judge issued the referenced order on December 7,

2017, as it is NOT stated - The Appellant respectfully restates that JURISDICTION

here remains an issue. Circuit Judges - Torruella, Kayatta, Barron, Thompson, and

Chief Justice Howard are considered to have lost jurisdiction and are no longer

allowed to rule in this litigation. Any attempt to do so will be interpreted by the

Appellant as an incremental act(s) of Treason under ARTICLE III. Already, evidenced

claims of TREASON (one (1) count each) have been brought to the attention of the

President against Judge Kayatta and Chief Justice Howard;

 2. Please clarify for the record exactly how the Court arrived at its decision NOT to

grant the requested STAY, considering (at minimum) the severity (and totality) of

unresolved issues listed above (Address each issue separately);

3. Please provide specific detail as to WHY the above list of issues remain unresolved

(Address each issue separately);

4. Please provide an approximate timeline as to WHEN this list of issues is expected to

be resolved.

Upon providing the requested clarification, the Appellant respectfully requests that this Court

RECONSIDER its decision, and GRANT the requested STAY, until ALL unresolved issues

have been properly addressed. Once the record shows that there are no remaining issues, and

IF it is still necessary to move forward with filing an Appellate brief, the same 40-day extension

of time is respectfully requested (updated timeline).

For documentation purposes, after sending a copy of this document to the President, the email

from The White House confirming receipt is attached (See Attachment A) 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 15th Day of December, 2017

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

I hereby certify that on December 15, 2017 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:

Dina Michael Chaitowitz

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