John M. Regan, Jr. 32 Goldwin Ave. Toronto, Ontario M6M 2C4 CANADA Tel: 647-878-8431 Email: jregan.atty@yahoo.

ca April 7, 2011 Attorney Grievance Committee 7th Judicial District 50 East Ave., Suite 404 Rochester, NY 14604-2206 Attn: Daniel A. Drake, Esq. Re: Alleged Attorney Registration Delinquency Dear Mr. Drake: I am in receipt of correspondence from you, through my former partner Miguel Reyes, regarding an alleged delinquency in the payment of attorney registration fees under New York Judiciary Law section 468-a and section 118.1 of the Rules of the Chief Administrator of the Courts. My response follows. I. I submitted a voluntary resignation as an attorney in New York to the Appellate Division, Fourth Department in December of 2008 and again in July of 2010. For reasons that are obviously illegitimate and in my opinion criminal, the Appellate Division rejected my applications. Accordingly, in part because I anticipated that pretextual attorney disciplinary issues of the nature alluded to in your letter might result, I sought political asylum from the government of Canada and have been residing in Canada under the protection of the Canadian government since September of 2010. I enclose a true and correct copy of the Refugee Claimant Document that was issued to me on September 1, 2010. I submit that under the circumstances any disciplinary proceedings against me are invalid and unlawful under the supremacy clause of the United States Constitution (Article VI, paragraph 2), which provides that This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. (Emphasis supplied.)

There are at least two treaties made under the authority of the United States which apply to my situation vis--vis the Committee and the Appellate Division which both you and the Appellate Division are bound to observe: a) the United Nations Protocol Relating to the Status of Refugees of 1967, to which the United States is a party; and b) the Charter of the Organization of American States of 1951. The Organization of American States operates the Inter-American Commission on Human Rights (IACHR), where a petition (P-1367-07, United States) has been pending since 2007 dealing with the same issues prompting any purported disciplinary proceedings against me. That aside, the propriety of criminal or quasi-criminal actions such as attorney disciplinary proceedings - against citizens who have sought refuge and political asylum in another country would properly be a matter for the United Nations High Commission on Refugees. On both grounds it is unlawful for you to proceed against me personally; any official action you wish to pursue adverse to me or my interests should be directed through the appropriate diplomatic channels: that is, through the United States Department of State. A. The basis for my asylum claim, which has been ruled admissible - roughly corresponding to a determination by the government of Canada that it is prima facie valid - was summarized on page 10 of the application form designated IMM 5611. I quote this summary in its entirety:
As an attorney I represented a young lady who was charged with serious crimes. In the course of investigating I learned those charges were the result of her having been violently raped by a police informant in Livingston County, New York who then conspired with other law enforcement officials to fabricate evidence and commit perjury to falsely implicate her. In the course of many judicial proceedings these facts were deliberately ignored. In addition, I was subjected by law enforcement officials in Livingston County, New York to physical threats, and threatened unjustified criminal prosecution and imprisonment. Judicial officials threatened me with professional discipline and through their own unrepentant criminal conduct against my client impoverished me and my family. My client was unjustly convicted and imprisoned in 2007. I exhausted all reasonably available domestic remedies which did not entail a high risk of physical harm to myself or my client. None of the outrageous and criminal conduct complained of was ever even acknowledged by the various courts. I brought a Petition in the InterAmerican Commission on Human Rights over these issues in October of 2007 (P-1367-07, United States) which is still pending, to the best of my knowledge. I remain at risk of physical harm, fabricated and pretextual criminal charges, pretextual professional discipline and potential contempt charges, all unjustified and stemming from simply doing my duty under the law, both domestic and international.

One further result of my asylum request being found admissible is that the Canadian government confiscated my passport and effectively restricts my ability to return to the United States, for obvious reasons. Accordingly, my status in Canada as a refugee claimant precludes both any proceeding in New York against me and my ability to respond personally to any such proceeding.

B. In addition, the Petition pending before the Inter-American Commission on Human Rights has been regularly supplemented since it was filed in October of 2007, to include information concerning my efforts to resign as an attorney in New York in December of 2008 and again in July of 2010. As I indicated in my 2010 application for voluntary resignation, the Appellate Divisions purported rejection of my applications and their refusal to publicly address the issues raised thereby constitute a further criminal act, both in concealing a crime under the laws of the United States (see 18 U.S.C. 241 and 242) and a human rights abuse and state sponsored rape under international law. In any case, because these matters are already before the IACHR and have been for some time, any effort to address them through wholly state law authorized and conducted attorney disciplinary proceedings would obviously violate international obligations of the United States and of course the supremacy clause of the constitution itself. Again, if you are determined to raise any issues about me it would properly be done only through the United States Department of State which has the authority to appear before the IACHR. Under the circumstances I think the issue you are raising payment of a $350 registration fee is embarrassingly trivial, but of course this is up to you. Previous exhortations to lawful behavior directed at public officials in New York in this matter have been futile, of course. I bring these matters to your attention nevertheless, to make a record of your response, or lack thereof. II. There is another concern I have of a more fundamental nature. You may recall that I approached the Grievance Committee and spoke with you personally about Livingston County District Attorney Tom Morans conduct in fabricating evidence and suborning perjury in the Sephora Davis matter in April of 2006. I was accused by the committee of making wild allegations and being mentally ill, and then cited for failing to pay my attorney registration fee at that time. This episode was set forth in my original application for voluntary resignation, submitted to the Appellate Division in December of 2008. I assume you are aware of this application and I invite your attention to it. Yet, since that application to resign was submitted, I learned from a source I consider very reliable that at the time I approached the Committee in 2006, Mr. Moran had already previously been the subject of a disciplinary complaint by then 7th Judicial District supervising judge for criminal courts Patricia Marks concerning his fabrication of evidence in a different criminal proceeding. This information is, of course, extremely disturbing. It indicates that the Committees treatment of me was likely an effort to intimidate and silence me concerning serious and

criminal misconduct by a public official that the Committee already had reason to believe was at least plausible, if not probable, and which was subsequently shown to be true. At the very least, this shows that the Committee is willfully and dangerously derelict. But I also cannot rule out the likelihood that the Committee, or the Appellate Division, or members thereof, are fully and intentionally complicit. Furthermore, it appears from news reports that Mr. Moran has obtained the political backing that ordinarily results in being elected a New York State Supreme Court Justice in the 7th Judicial District and is actively pursuing that goal. In other words, Mr. Moran is on track to become a judge. Under the circumstances, it is difficult for me to see this as anything other than grotesque and perverse - even sinister not to mention the predictable result of the Appellate Divisions conduct, and yours. In any case, all of this has implications not only with respect to the fairness of any proceedings the Committee brings against me, which are adjudicated by the Appellate Division; but also for my personal safety should I physically appear at a pre-determined time and place under the control of the very officials who are, at this point, already suspected of serious criminal conduct themselves in connection with the same matter. Simple prudence dictates that I should avoid any such appearances as a precaution even if they were otherwise proper or possible - which as the foregoing indicates, they are not. III. There has been little or no communication from the Committee and the Appellate Division, or any other New York or federal official for that matter, to me concerning any of these issues, despite my many efforts to elicit it. If there is some defense or explanation for this conduct, which otherwise appears to me quite damning, I encourage you to offer it even at this late juncture, since this is now the subject of proceedings before two different tribunals outside the United States and New York court systems, in which many officials including you have been personally named. I have been making a record for these tribunals since 2007, and believe they should be made aware of any defenses or explanations at the earliest opportunity. I will consent to communications to me personally, by mail or email, for that limited purpose. I should add that at present, however, in the absence of some explanation or defense which after all has not been forthcoming for almost five years any interactions with the Committee and the Appellate Division arouse in me a profound and even painful sense of moral revulsion, such that it is often difficult to maintain a temperate tone. Based on what I know, unqualified by any explanations or defenses, I regard the relevant officials as having a quality of character far lower, and being guilty of far more serious criminal conduct, than the man who physically raped Sephora Davis in 2003. Indeed, character lower than any accused criminal I have ever represented in more than 20 years of law practice. Moreover, while it has been argued that many of the issues I have raised are to be treated as confidential under New York Judiciary Law 90(10), that statute cannot be properly invoked to conceal official criminal conduct and violations of federal and international

law. Accordingly, as I have been doing since I exhausted all avenues of domestic relief, including state and federal law enforcement, I am keeping the relevant foreign and international officials informed by providing copies of this correspondence. Finally, it is worth noting that this situation is especially regrettable for me, since unlike virtually everyone else involved I am a veteran - of the United States Navy and have always endeavored to be a loyal and productive citizen. The betrayal of my country and me personally by so many public officials is not only deeply saddening; it has left me no choice but to look elsewhere for redress, relief and assistance. The responsibility for this state of affairs lies with the culpable officials, including you. In sum, I will not pay any registration fee, nor will I consent to the service of any formal process upon me personally. If you are determined to pursue any proceeding against me despite its obvious unlawfulness, I submit that it must first be addressed through proper diplomatic channels. Very truly yours,

JOHN M. REGAN, JR. cc: Hon. Santiago A. Canton, Executive Secretary, IACHR United States Consul General, Toronto, Ontario Canada Immigration and Refugee Board of Canada, Toronto, Ontario Immigration and Citizenship Canada Clerk, Appellate Division, Fourth Department