IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)

APPELLANT RESPONSE TO JUDICIAL ORDER, REQUESTING THOROUGH

CLARIFICATION

After reviewing the judicial order issued by Circuit Judge O. Rogeriee Thompson

on August 8, 2017,1 the Appellant, Mohan A. Harihar, acting pro se and who has NO

LEGAL BACKGROUND, respectfully requests THOROUGH CLARIFICATION for the

record, to better understand exactly how Judge Thompson arrived at her decision. The record

shows that Judges Torruella, Kayatta, and Barron have failed/refused to provide requested

clarification for their decision(s). Now, the same request is made of Judge Thompson.

A review of the referenced order reads (in its entirety) as follows:

1
See Attachment A

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ORDER entered by Rogeriee Thompson, Appellate Judge: Appellant's motion to disqualify

Judges Torruella, Kayatta, and Barron is denied as frivolous. His requests for other forms of

relief are likewise denied as frivolous. Appellant should refrain from filing further motions,

and instead should put all his arguments and requests for relief in his appellate brief, which is

currently due on August 14, 2017. [17-1381] (GB)

Based on this order, the Appellant raises the following issues:

1. Refusing to UPHOLD FEDERAL RULE of CIVIL Procedure 60(b) Perhaps the

MOST GLARING JUDICIAL MISCONDUCT OFFENSE EVIDENCED WITHIN

THE RECORD, is the failure and/or REFUSAL to UPHOLD FRAUD ON THE

COURT CLAIMS, pursuant to FRCP 60(b).

Judges Torruella, Kayatta, and Barron (along with five additional officers of the Court)2

are CLEARLY on record as IGNORING this Federal Rule, as if it were never

mentioned, and have refused to clarify exactly how they arrived at their decision(s).

Therefore, it is interpreted that they have refused to uphold the judicial machinery of the

Court which in itself, removes jurisdiction and disqualifies them from ruling further

in this litigation.

2
The referenced EIGHT (8) officers of the Court include: US District Court Judges - Allison
Dale Burroughs, Chief Judge Joseph N. Laplante (NH), Judge John J. McConnell, Jr. (RI), and
Judge John David Levy (ME), First Circuit Judges - Juan R. Torruella, William J. Kayatta,
Jr., David J. Barron, and Chief Justice Jeffrey R. Howard.

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 Now in her issued order, Judge Thompson states for the record that failing to uphold the

FRCP 60(b) Fraud on the Court claim(s) is considered FRIVOLOUS, denying the

Appellants motions with NO VALID EXPLANATION whatsoever. The Appellant

respectfully calls for Judge Thompson to now provide a thorough explanation for the

record of exactly how she arrived at her conclusion(s). Left unexplained and uncorrected,

Judge Thompson is herself believed to be disqualified by law to rule further in this or any

related litigation, and MUST RECUSE HERSELF. THESE FACTS ALONE

pertaining to evidenced Fraud on the Court, show cause for this Appellant to file a

judicial misconduct complaint against a ninth (9th) Federal Judge - O. Rogeriee

Thompson.

2. Evidenced TREASON Claims Under ARTICLE III perceived as FRIVOLOUS -

The Appellant respectfully calls for Judge Thompson to now provide a thorough

explanation for the record of how exactly she arrived at her conclusion(s) here.

3. Impact of RECUSAL in the Related Complaint, Harihar v. The United States,

perceived as FRIVOLOUS - The Appellant respectfully calls for Judge Thompson to

now provide a thorough explanation for the record of how exactly she arrived at her

conclusion(s) here.

4. Refusing to Assist with the Appointment of Council - The Appellant has provided a

TEXTBOOK example warranting assistance with the appointment of counsel

pursuant to Title 28 U.S.C. 1915. Judge Thompson states this requested relief as

FRIVOLOUS, offering NO VALID EXPLANATION whatsoever. Her refusal to grant

the requested relief shows a failure to uphold Title 28 U.S.C. 1915 and the judicial

machinery of the court. It exemplifies an incremental act made in BAD FAITH by an

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 officer of the Court representing The United States - ensuring fundamental unfairness

that impinges on the Appellants DUE PROCESS rights. The Appellant respectfully

calls for Judge Thompson to now provide a thorough explanation for the record of how

exactly she arrived at her conclusion(s).

5. Misappropriation of Trade Secrets, Economic Espionage 18 U.S. Code 1832 and

Impact to National Security Judge Thompson states this claim is considered

FRIVOLOUS, offering NO VALID EXPLANATION whatsoever. The Appellant

respectfully calls for Judge Thompson to now provide a thorough explanation for the

record of how exactly she arrived at her conclusion(s) here.

6. Refusal to RECUSE by Judges Torruella, Kayatta, and Barron reinforces the call for

TRANSFER, and for bringing this matter to the immediate attention of Congress.

7. Congressional Intervention - Judge Thompson states that the Appellants respectful

DEMAND for Congressional intervention is considered FRIVOLOUS, offering NO

VALID EXPLANATION whatsoever. The Appellant respectfully calls for Judge

Thompson to now provide a thorough explanation for the record of how exactly she

arrived at her conclusion(s) here.

8. August 10, 2017 Deadline to Correct Erred Judgements The Court is already aware

of the final opportunity afforded to Chief Justice Howard to initiate corrective action on

or before August 10, 2017.3 Failure to do so will call for an immediate TRANSFER of

VENUE;

3
Corrective action here is defined as granting ALL preliminary relief as requested by the
Plaintiff. That includes the updated accrual for associated costs and legal fees totaling
$14,309,420 - received on or before August 12, 2017. Corrective action additionally includes a
DEFAULT judgement IN FAVOR of the Appellant Mohan A. Harihar, WITH Prejudice.
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9. Transfer of Venue - Judge Thompson states that the Appellants respectful DEMAND

for TRANSFER of VENUE is considered FRIVOLOUS, offering NO VALID

EXPLANATION whatsoever. The Appellant respectfully calls for Judge Thompson to

now provide a thorough explanation for the record of how exactly she arrived at her

conclusion(s) here.

10. August 14, 2017 Deadline to File Appellant Brief

Appellant should refrain from filing further motions, and instead should put all his

arguments and requests for relief in his appellate brief, which is currently due on

August 14, 2017. [17-1381] (GB)

Judges Torruella, Kayatta, Barron and now Thompson have also failed to clarify why it

is necessary for the Appellant to even file his Brief. The record CLEARLY shows that

FRCP 60(b) claims stand as UNOPPOSED. THEREFORE, Appellees and Defendants

HAVE NO DEFENSE to address in this Appeal, and filing a brief by either party would

be considered MOOT.

It SHOULD appear clear to ANY OBJECTIVE OBSERVER, that a deep-seated

favoritism or antagonism does exist making fair judgment impossible. By refusing

the STAY the Appellant Brief filing date, it would appear (at least on its surface),

that elements of corruption may exist here; and that an effort is being made Judge

Thompson, to brush aside all motions in order to reach a corrupt and

predetermined outcome.

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11. Motive While full, criminal investigations are still needed to determine the extent of

motive here, several arguments supporting motive can be made (as previously described)

based on the evidenced FACTS already within the record:

a. Upholding Federal Law here and finding IN FAVOR of the Appellant, Mohan A.

Harihar (with prejudice) would conservatively set a historical precedent for

4.2M other parties already identified by the US Foreclosure Crisis. It would

appear that at minimum, nine (9) officers of the Court are attempting to

wrongfully prevent that from happening;

b. A ruling in favor of the Appellant would award damages exceeding $42B;

c. There MAY be parties who DO NOT wish to see the successful implementation

of the Appellants Intellectual Property, designed to deliver HISTORIC

ECONOMIC GROWTH (estimated at $5T+) to The United States, and that

also helps MILLIONS of AMERICANS REPAIR the DAMAGES caused by

the US FORECLOSURE CRISIS.

12. Impact to related complaint, HARIHAR v. THE UNITED STATES The continued

PATTERN of CORRUPT CONDUCT exemplified in the record by a ninth (9th)

Federal Judge shows cause to AGAIN expand upon existing claims in the related docket,

Harihar v. The United States, Docket No. 17-cv-11109.

13. ALL Americans serve as WITNESS - The Appellant respectfully informs the Court

that due to the gravity of legal issues involving the First Circuit Court of Appeals and

matters including (but not limited to) National Security, copies of this filed

RESPONSE 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

6
 Attorney General - Jeff Sessions, members of the US Senate and House of

Representatives, the House Judiciary 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.

Parties are additionally informed for documentation purposes, and out of concerns

for personal safety/security.

The Appellant restates his respectful requests for thorough clarification and corrective

action by tomorrow, August 10, 2017.

PLEASE BE ADVISED The Appellant respectfully states for the record that

moving forward ANY order issued by Circuit Judges Torruella, Kayatta and

Barron in this appeal will be interpreted as an ACT of TREASON against The

Constitution of The United States, pursuant to ARTICLE III.

If there is a question regarding ANY portion of this response, the Appellant is happy to provide

additional supporting information upon request.

Respectfully submitted this 9th Day of August, 2017.

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

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Attachment A

8
9
 CERTIFICATE OF SERVICE

I hereby certify that on August 9, 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:

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
Mo.harihar@gmail.com

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