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)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees )
)
APPELLANT DISCLOSURE
The gravity of serious legal issues addressed in this Appeal (lower court Docket No. 15-cv-
11880), and in the RELATED Appeal,1 include (but are not limited to): 1.) evidenced
allegations of TREASON under ARTICLE III, Section 3 of the Constitution, and 2.)
Economic Espionage pursuant to 18 U.S.C. § 1832, which are believed to impact matters of
National Security. The evidenced allegations against referenced officers of the Court
filed with the Federal Bureau of Investigation (FBI) against the TEN (10) identified Federal
1
The related Appeal references HARIHAR v. THE UNITED STATES, Appeal No. 17-cv-
2074 (Also, lower court Docket No. 17-cv-11109).
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(Circuit and District) Court Judges. Therefore, copies of this RESPONSE are necessarily sent
9. Office of the Special Inspector General for the Troubled Asset Relief
Program (SIGTARP);
A copy will also be made available to the PUBLIC, as this judiciary’s effort to “promote
public confidence in the impartiality of the judicial process,” has irrefutably been
compromised. By informing the Public, ALL AMERICANS serve here as WITNESS. Parties
are additionally informed for documentation purposes, and out of the Appellant’s continued
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COMES NOW the Appellant, who files this timely RESPONSE after being notified on May
18, 2018 of the RECUSAL by Circuit Judge David Barron. The announcement of this recusal
raises a number of issues, including (but not limited to) the following:
II. This Court MUST Address the PRIOR Recusals of Judge Allison Dale Burroughs
III. This Court MUST Finally Address ALL previously referenced, and STILL
UNRESOLVED ISSUES;
V. Impacted Orders;
__________________________________________________________________
After reviewing the referenced 5/18/2018 letter2 announcing the recusal of Judge David
Barron, the explanation provided is considered insufficient, in that far more detail is required
in order to fully understand ALL factors leading up to this recusal. The Appellant
respectfully requests that Judge Barron provide for the record a detailed explanation of
exactly HOW, at this time he came to find out about a Financial interest in the
Appellee/Defendant – Wells Fargo. While the Appellant does not necessarily question the
conflict itself, there is cause to question the timing of its discovery. This Appeal was initiated
2 See Attachment A
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in April 2017 – therefore, further validation is needed to confirm all details related to the
II. This Court MUST NOW Address the PRIOR Recusals of Judge Allison Dale Burroughs
This Court is aware that the announced recusal of Judge Barron is the THIRD (3rd)
RECUSAL associated with this litigation. On June 19, 2017, the first Judge to recuse was
Judge Allison Dale Burroughs from the RELATED case – HARIHAR v THE UNITED
STATES, Docket No. 17-cv-11109. Despite multiple documented efforts by the Appellant,
the record will conclusively reveal multiple failures by BOTH the District and Appellate
Courts to address and remedy the list of resulting conflicts and impacted orders associated
The second recusal was announced by Chief Judge Howard, who recused Circuit Judge
Sandra Lynch from ruling on the 3/14/2018 decision for reasons UNKNOWN.3
III. This Court MUST Finally Address ALL previously referenced, and STILL
UNRESOLVED ISSUES
Aside from the issues related to the referenced recusals, this Court is reminded of the list of
existing issues which, as evidenced by the record, have been IGNORED by this Court –
BEGINNING WITH JURISDICTION ISSUES. This Court AND the American Public
have now witnessed the following acts, EACH of which constitute judicial misconduct –
3
The 3/14/18 Order referenced the Appellant’s Petition for re-hearing en banc. Questions are
raised regarding not only the recusal of Judge Lynch, but also regarding the jurisdiction of other
judges issuing the referenced order(s).
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WITHOUT VALID CAUSE - repeated requests for the Court to assist with the
COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the Judicial Code
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The record shows that the Appellant has filed over FIFTY (50) + court documents which raise
a JURISDICTION issue, ALL of which have been IGNORED by referenced Federal (District
and Circuit) Judges.
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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;
R. Refusing to promptly reimburse accruing Legal (and other) Fees due to the Appellant, as
This Court must now address ALL litigation, associated orders and misconduct complaints
impacted by Judge Barron’s recusal, not just Appeal No. 17-1381. Judge Barron is also a
presiding judge in the RELATED APPEAL No. 17-2074 – HARIHAR v. THE UNITED
This Court is now aware that on May 30, 2018, the Appellant filed a NEW Complaint with
the District Court against multiple Defendants including TEN (10) Officers of the Court
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here as a Defendant and as an inferior judge. The DEMAND is now respectfully made to
address ALL referenced litigation and judicial misconduct complaints impacted by recusal.
V. Impacted Orders
The Appellant first addresses the EIGHT (8) impacted orders of Appeal No. 17-1381:
A. ORDER OF COURT Entered: June 5, 2017 - Here, the appellant's motions for
appointment of counsel, for a stay, and for entry of default are denied. ALL requests
here have been denied WITHOUT VALID CAUSE, even when clarification and
reconsideration had been respectfully requested. With the recusal of Judge Barron
(and the previous RECUSAL of Judge Burroughs), the Appellant shows cause to
attack this order and have it VOIDED by the Court. Before any attempt to re-address
the issues contained in the original motion, the Court is respectfully reminded that
JURISDICTION remains an issue. The remaining TWO (2) presiding Circuit Judges
– Judge Torruella and Judge Kayatta are considered to have ALREADY LOST
been properly restored, evidenced arguments supporting the Appellant’s motion (at
evidenced errors, beginning with actions two (2) thru five (5) listed below. IF
withdraw judicial misconduct (and other) complaints (if allowed by law). Any
failure to initiate corrective action here will certainly contribute to the ongoing
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retained, the Appellant reserves the right to further amend this response as
deemed necessary;
B. Once corrective action is initiated (as described above), the remaining orders5
associated with this Appeal No. 17-1381 are perceived as MOOT. The Appellant
restates that he retains the right to amend this response, if only partial corrective action
Based on Judge Barron’s recusal, the reasons stated above and throughout this Appeal,
shows absolute cause to initiate corrective action. Once these critical errors have been
corrected (as described by the Appellant), there will no longer be a need to petition the
5
Remaining orders impacted by recusal (Appeal No. 17-1381 ONLY) include orders issued on
the following dates: July 31, 2017, August 8, 2017, March 14, 2018, April 4, 2018 and April
11, 2018 Orders, as well as the January 17, 2018 Judgment.
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US Supreme Court. HOWEVER, until corrective action is initiated, the due date for filing
the Appellant’s Petition for Writ of Certiorari is fast approaching on June 12, 2018.
THEREFORE, with the filing of this response, the Appellant respectfully requests that
the Court issue an EMERGENCY STAY ORDER, that would temporarily suspend the
timeline for filing his petition until ALL unresolved issues have been appropriately
addressed.
A. Initiate corrective action by assisting the Appellant with the Appointment of Counsel
timeline for filing his petition with the Supreme Court until ALL unresolved issues
D. VACATE the Judgment and Mandate ORDER associated with this Appeal;
F. Issue an order for additional relief to the Appellant for: 1.) Punitive damages, 2.)
Declaratory relief and 3.) ANY OTHER relief deemed appropriate by the Court;
G. Issue an order for a reimbursement of legal fees (and ALL associated costs) as
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H. Appropriately address for the record, related issues pertaining to (at minimum)
and others. This will require the input from the Executive Branch of Government,
including (but not limited to): 1.) The President, 2.) The Department of Justice
The Appellant is grateful for the Court’s efforts to address and initiate the referenced corrective
action(s). For documentation purposes, after sending a copy of this 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 response, the Appellant is happy to
provide additional supporting information upon request, in a separate hearing and with the
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 June 4, 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
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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