King v Witmer Case No. 2:20-cv-13134 ALWAYS KNOW YOUR LOCAL RULES
Some random YouTube account -which was created on the day of the hearing”decided to upload the entire four+ hour long hearing. Flagrantly violating the Court’s July 7th Order & more broadly EDMI rules
Full Disclosure I got into it yesterday on a certain YouTube channel and I am purposely NOT linking to the video - why?
the account was created on July 12, 2021
Federal Rules of Civil, Procedure are not exactly voluntary
the account bragged that they were the only one on the platform with the whole video
this was my response:
Did you seek leave from the Court to post the video of this hearing? Moreover did the Court grant you permission to record both video and audio of the hearing -
Federal Rules of Civil (and Criminal) Procedure expressly do NOT allow publication of audio and/or video sans a Court Order - See RDMI Rule R17 “Transcripts and Audio Files of Federal Court Proceedings (a) Transcripts of federal court proceedings will be filed electronically in ECF by the court reporter, transcriber, or Court personnel. (b) Access to transcripts of federal court proceedings will be governed by the Court’s Procedures Governing the Electronic Availability and Redaction of Transcripts (EXHIBIT B). (c) An audio file uploaded in ECF by the Court is a copy of the original audio recording and provided as a convenience to filing and PACER users. A transcript must still be produced in accordance with 28 U.S.C. § 753(b).”
I think you should take this down forthwith or immediately consult with an Attorney
https://www.mied.uscourts.gov/PDFFIles/policies_procedures.pdf
To wit a full can of deep stupid was opened up and I wasn’t going to win this argument irrespective of who’s right or wrong (whispers Duh I was right)
After speaking with a few of my bosses (who in turn also called the Judge’s chambers) and asked me if I could I call the Clerk’s Office. I did. Moreover it was made clear that the Court never authorized the publication of the video and audio of the hearing and other YouTube users have either deleted the video or been suspended from the platform. Except after some sleuthing I found the originating account and nexus of other accounts that posted the unauthorized and unlawful video on July 12th…
To be clear this is basis law shit 101 - you do not disrespect our Courts by flagrantly violating Rules of Procedure - turns out I wasn’t the only one in my industry that alerted the Eastern District of Michigan
July 7, 2021 Court Order
STIPULATED ORDER RESETTING HEARING ON MOTIONS FOR SANCTIONS, (See EDMI-ECF) Set Motion and R&R Deadlines/Hearings as to 105 MOTION for Sanctions Under 28 U.S.C. 1927, 69 MOTION for Sanctions against Plaintiffs and Plaintiffs' counsel, 78 MOTION for Sanctions, for Disciplinary Action, for Disbarment Referral and for Referral to State Bar Disciplinary Bodies
The public may request access to view the proceeding by visiting the Court's website: http://www.mied.uscourts.gov.
July 8, 2021 Notice of Hearing:
NOTICE OF HEARING BY VIDEO CONFERENCE (see EDMI-ECF or see Scribd Link) on 105 MOTION for Sanctions Under 28 U.S.C. 1927, 69 MOTION for Sanctions against Plaintiffs and Plaintiffs' counsel, 78 MOTION for Sanctions, for Disciplinary Action, for Disbarment Referral and for Referral to State Bar Disciplinary Bodies. Motion Hearing set for 7/12/2021 08:30 AM
Any recording of a court proceeding held by video or teleconference, including "screenshots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court−issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.
July 13, 2021 Show Cause Motion
Emergency MOTION for Order to Show Cause (see EDMI-ECF) why Attorney Lin Wood Should Not be Held In Criminal Contempt for Violating LR 83.32(d)(3), (e)(2) by Robert Davis
According to published media reports—MSNBC and Law and Crime—“[w]ithin hours of the close of those proceedings, Lin Wood posted a video snippet on his more than 840,000-follower Telegram account, featuring Sidney Powell’s closing monologue.”
July 14, 2021 - Emergency Motion of Video
Also a most genuine hattip to one of my most loyal and nicest follower/reader for sending me this via email —I was just getting ready to wrap up my otherwise “I will make your document bleed” teams call - so their email to me was kind of what I needed. Me lurves you -always have and always will. Also judicial conference is not to be trifled with - if you don’t understand local rules then you don’t respect the Rule of Law
EMERGENCY MOTION REQUESTING PUBLIC RELEASE OF RECORDING OF THE JULY 12, 2021, SANCTIONS HEARING - (see EDMI-ECF or see Scribd Link to 15 page motion)
Now here’s the deal - when someone (like me says) OMFG what are you doing - did you seek leave of the Court - you probably should not respond to me with a shitty missive like “I’m not even in America so the judge would have to extradite me” because your response triggered me to Contact both the FBI and US Marshal’s Service —so that’s me slow clapping at your mendacity because your IP suggest that you posted that video in the suburban Atlanta Metro Area.
To be clear I believe what the parties are requesting is reasonable but do not conflate the sparing issues here;
unauthorized and unlawful publication via YouTube of the hearing
NEW show cause as to L Lin Wood for violating local rules by his unauthorized publication of a video of the July 12, 2021 hearing
the parties request to allow the public release of the hearing
Follow the Rules…which all interested parties in this case are doing excluding L Lin Wood…
The recording of judicial proceedings is generally prohibited by Local Rule 83.32(e)(2). But the Local Rules also allow for a district judge to permit the recording and broadcasting of court proceedings when authorized by the Judicial Conference of the United States. See Local Rule 83.32(e)(4).
The Judicial Conference and the CARES Act authorized broadcasting this proceeding via YouTub…That authority should extend to re-broadcasting—and, to the extent it doesn’t, movants respectfully ask the Court to seek permission from the Judicial Conference to do so.
So for now we, the general public needs to hurry up and wait. And there is 0% chance I’m going to ruminate on how the judge will rule. It’s her courtroom and I have respect for our Federal Judicial System
The City of Detroit’s attorney has already appeared on Rachel Maddow’s show to discuss the hearing from his perspective.9 On a matter of this importance for the country, the Rule of Law, and the practice of law itself, the video of the proceedings already made should be available for the public for them to judge the arguments of counsel and the entire hearing itself. The release of the video of the Sanctions Hearing would also serve the interests of justice.
So now you are officially caught up on the Train-wreck in EDMI - at this point I think Lin Wood will be disbarred by the end of the month. Drops Mic and walks away.
They are all the villains in a Scooby Doo toon and you are all the kids rolled into one fabulous package. "And I would have gotten away with it, too, if it weren't for you meddling kids!"
Here are the VERY first words spoken and recorded under oath in EVERY single hearing, EVERY single day, in EVERY single state that I testify in across the country without fail.
ALJ: "Dr. Martinez, Do you swear to tell the truth, the whole truth and nothing but the truth?"
Me: "I do."
ALJ: "Can you confirm that we have never had any conversation regarding this case, or this claimant, prior to today's hearing?"
Me: "I can, and we have not."
ALJ: "Can you confirm that you are alone and in a quiet place free from interruptions, and if we get disconnected you will allow the court to call YOU back and not attempt to contact the court?"
Me: "I can confirm I am alone in a quiet location, and I will do so."
ALJ: "Can you confirm that you are not recording this hearing and do not plan on doing so at any time during this hearing?"
Me: "I am not, and I do understand your honor."
****Bonus for all the fake credentialites who think there was ANY hope a certain someone didn't commit a felony each time she pretended to have degrees she never got and had certifications and experience she never had. This is before I start, EVERY SINGLE TIME!
ALJ: "Dr. Martinez, your CV is exhibited at exhibit somethingF. Is that a current and accurate representation of your active and current licensures, degrees, skills and certifications?"
Me: "It is your honor." ***And I had better have checked that exhibit, as there HAVE been times when some office has had an old version (their offices fault *not mine) with an old CV and an expired copy of my license. 'I' need to point that out 'RIGHT NOW,' because an unscrupulous lawyer 'already knows this,' but is going to stay quiet and see if my testimony goes their way (I am 'Independent' and don't have a side). The next question the ALJ will ask will be is if the Lawyer "Has any objections to my qualifications?" They are legally and 'technically' only allowed to have 'one bite at the apple' on that question here, but can of course write a brief afterwards and say 'why' they disagree with my testimony, but can 'not' attempt to change their mind that they disagree with my qualifications that they have had weeks to months to review. However, 'slick' ones will sneak in a statement like, "For now," which most ALJ's will not allow, and make them clarify immediately, saying "It doesn't work like that," OR, the ALJ says, "I find Dr. Martinez to be qualified and moves on." However, what they are waiting for is to say, "I strike her testimony, her license is expired," if things don't go their way, which my license is not, and it's a big womp womp womp moment...but at least they tried...and I always catch their paperwork error anyway. Thanks for coming to my Ted Talk.