ABOUT SWAG JafoMaru HARUCHAI ALL I
CAN STANDS
8 EASY
PIECES
Due Process
$$
PASS JUDGMENT ON JUDGES WHO:
Ignore Jurisdictional challenges,
Grant motions on no notice,
Grant relief not requested,
Find Oct. 17 is AFTER Oct. 26 &
Retroactively alter docket for lender.
refuse to provide court reporter
commit perjury to appellate division

Judge Donald Scott Kurtz

“When a case is before me, I try to give it my full attention,”
“Some judges would have just read the papers and signed them,”


Judge Reinaldo Rivera


“we will get to the bottom of this”
“the 2nd department has an excellent reputation”


long tail/tale of impeachment

a look at intellectual dishonesty
blowback or demise of democracy MORE

Founding Fathers had it covered -

Some brilliant people, with centuries of monarchial oppression to work from, wrote the United States Constitution.

That document set the stage of the rights of each citizen and the rules under which the Legislative (House/Senate), Executive (President) and Judicial branches must operate.

By way of that Constitution, "We the People" also set up a brilliantly simple, even childish system of checks and balances (think rock, paper, scissors, lizard, spock).

Every two years the People control the House, every six years the Senate and  every four years the President.

The people even control the Constitution they wrote.

The House and Senate, Congress, if it really wants to, controls the President at any moment with regards to laws (legislation) and Presidential malfeasance (impeachment).

The House and Senate work together to create laws for Presidential review.  If the President rejects (vetoes) a House/Senate passed proposed law, the House/Senate can override the veto with a 66% vote.

Thus, the ultimate power of law in this country belongs to first the People, then a body, the House and Senate, or Congress, and not an individual.

By that same Constitution, House is given the sole power to signal, by way of impeachment, if they think they see the smoke of Presidential malfeasance, so long as the body thinks there is smoke at > 50%.

Also by way of the Constitution, the Senate, being informed by the House of the perceived smoke of malfeasance, is given the sole power to remove the President if the body finds that there is substantial fire where the House found smoke so long as 66% of its members think so. 

In addition, that now removed President can thereafter be prevented from holding any elected office by a 51% vote by the Senate.

So, in the end, the House and Senate, the Congress, has ultimate immediate authority over the Executive regarding malfeasance and the people every 4 years.

It is a nice cross of a large mass able to react quickly (there's smoke), the House, and a more staid, longer term institution (is there any fire that needs to be put out), the Senate, can triangulate on the actions and capabilities of the President, and, if those bodies fail to act, the People. 

All quite elegant work by he founders.

TheGrowler

Why we are here
Old-School Journalism is dead, long live the New School! MORE

A little about us... -

THE GROWLER: a years late followup to some heated discussions about the future of journalism ...

which led to a process diagram sketched on the back of an envelope that was promptly ignored for years.

During the decade that followed, journalism went into a tailspin and is now, effectively, neutered at the traditional point of origin, Main Stream Media, who are now too beholding to the entities they should report on that even the pretense of speaking truth to power is gone.

Then a media echo chamber of silliness on all sides effectively cauterized a Democratic-leaning populace into a zombie-like apathy at the polls.

Since then things have only gotten worse as no side substantively interacts with the brainstems of the American populace.

Not only must objective critical analysis occur (whether or not we call it journalism), that work needs to be given a fertile and sustainable soil from which to spring.

The Growler is that soil.

Read on to see what we want to become.

Percolating stories

Short descriptions of works in process
a little light of day helps make the world go round MORE

Topics -


      1. Pro Se in the Boro of Brooklyn
      2. FIP - A cat tragedy
      3. Underneath the Transit covers
      4. Smarter than the Founding Fathers?
      5. Banks should fear BlockChain, not BitCoin

all things GROWLER

grrrr
making waves everywhere MORE

Everywhere a GROWLER -

We chose the name theGrowler from our remembrances of the our long-since left this mortal coil pet Alaskan Malamute, Attu, named after the western-most Aleutian island.

Attu took great pleasure in growling when she sensed danger.

That being said, here are some links to growlers and some discussion tabs.

MUSIC - The Growlers - http://thegrowlers.com/

BEER - The Growler Guys - https://www.thegrowlerguys.com

ONCE MORE UNTO THE BREACH

into court for lyceum due process
tell us if you get it MORE

YOU CAN'T MAKE THIS UP ... -

Quite plainly, any judge, after 20 years of being one, who does work this sloppy OR puts his thumb on scale for developers like this OR hides behind unnecessary formalities when the jurisdictional issues are raised by Defendants in a sworn statement and at oral argument and admitted in a sworn statement and not contested at oral argument by Plaintiff should not be elected, let alone re-elected, especially if the court refused to provide a court reporter for that hearing.  To wit, Judge Donald Scott Kurtz, up for re-election November 5, 2019.

This from a judge who said, in 2009: 

“When a case is before me, I try to give it my full attention,” Justice Kurtz said.

“Some judges would have just read the papers and signed them,” Kurtz said.

Plaintiff:

  • Sent  Notice of a Motion to a Defendant, not Defendant's attorney (failure to serve attorney did not invoke the power of the court),
  • Noticed whomever that the motion would seek Judgement of Foreclosure under a law (CPLR 3215) that only allows something different, Judgment of Default(facial deficiency of paper  cannot invoke the power of the court),
  • Notice to whomever was premised upon a 10/26/2009 affidavit by an attorney when there is no such dated affidavit (facial deficiency of paper  cannot invoke the power of the court),
  • Affidavit actually attached, not dated 10/26/2009, says it is premised upon an already filed proof of service when there is no priorly filed proof of service (power of the court not invoked if premised on non-existent paper).

Decision (Judge Donald Scott Kurtz):

  • premised on the same non-existent 10/26/2009 affidavit
  • premised on non-existent previously filed proof of service referenced in motion.
  • premised on a false instrument created by the court, an Request for Judicial Intervention Worksheet page.
  • granted Judgment of Default, which was not requested (which is not legal), instead of Judgment of Foreclosure (not available under the statute)

Years later Plaintiff admits in affirmation (attorney affidavit) in support of a Plaintiff Cross-Motion:

  • Plaintiff never served Notice of Motion on Defendant's attorney.
  • Defendant Noticed another motion for parties to appear a decade in the past.
  • Defendant failed to comply with the express terms of the order allowing sale of Property.

Years later Judge  (Donald Scott Kurtz, up for re-election November 5, 2019):

  • Grants Plaintiff Cross Motion while finding that the Motion the Cross-Motion responds to was not properly served and was of no effect.
  • Fails to address jurisdictional non starter (admission Counsel for Defendant was never served Notice of Motion) in granting Plaintiff Cross Motion.
  • Fails to address jurisdictional non starter (admission Counsel for defendant noticed all to appear a decade in the past for a hearing).
  • Fails to do 5th grader math by failing to figure out that Defendants were noticed to appear a decade in the past.
  • Failed to provide a court reporter (and, thereby, lost jurisdiction) when defendant invoked New York State Constitution Article VI right to a court reporter.

This cacophony of jurisdictional errors cannot stand if due process has any meaning whatsoever.

Thus, "Once More Unto the Breach" we go for due process.

UnElecteds

When the system give you a lemon, return it!
Remove judges who ... are not smarter than a 5th grader MORE

Political machine inertia ... -

... is the primary force in elections.

With so much going on in everyone's lives outside the election of judges, very rarely is the public informed enough to make an informed decision when an attorney is first up for election as a judge, resulting in party-line votes without any substantive evaluation of the candidates.

But in the Kings County Supreme Court, they must come up for re-election every 14 years for Supreme Court and 10 years for Civil Court.

After a decade or more of being a judge, one has ought have more than party-backing to go by.

Until recently, reviews of how a judge did during his or her 10/14 year term were hard to come by.

Now we present scorecard of sorts.

the HARUCHAI

a bloodguard for politics?
come to pillage, stay to serve MORE

Early Millenium Migration -

Early in the millenium, educated young people migrated to (cheap) places where they could congregate.

They sought adventure there, in the coastal cities, places where many of there parents had fled in the decades long exodus to the suburbs (Levittown, Naperville, ...)

Then the recession struck, a by product of specious financial regulation and billions and billions on questionable wars to protect, mostly, oil interests.

This may have just been a blip in history, but those young-ish needed to eat, and put a roof over their heads.

Once congregated, they became a market unto themselves with critical mass enough to support almost anything as long as they were willing to live in the abandoned carcass of the cities.

Being a recession and all, they created their own economies by reinventing artisanal craftsmanship everywhere there had been just bland commodities for decades.

Beer, Pizza, chocolate, coffee, COFFEE, soda, mustard, mayonnaise, peppers, cupcakes, barbeque, whiskey, theater, music,  ...

It was if a great cry arose and said, YUCK!

Nowhere was this most evident than in Brooklyn, close enough to the wellspring of all media, Manhattan, but far away enough for cheap rents in nearly abandoned neighborhoods (Bushwick?).

They worked this for awhile and even elected the first black president, in part, by using nascent social media and sending droves of people to toss-up states door to door. 

Then they went about their non-political business as the economy slowly recovered.

Until 2016, the vote heard round the world.

All the media championed a candidate that had a several million vote advantage OVERALL, but failed to address the chess game afoot, the ELECTORAL COLLEGE, the only game that mattered (whether you agreed with the rules or not, they are the rules in play).

It is often said that votes are yards and states are touchdowns.

Who hasn't seen a team garner massive yardage but fail in the red zone.

The losers complained that they didn't know it was about touchdowns, but that yards should be the only metric.

They then complained that social media was used to influence voters, as if that hadn't been the case in 2008, whether foreign backed or not.  Disingenuous at best.

But then came the 2018 mid-terms and a shift in the firmament occurred.  Longstanding politicians saw the handwriting on the wall and did not run for re-election.  Other long time elected officials played the same old game and got beat by any other perspective than holding on to power for the boomer generation.

Thus, Ocasio-Cortez.

It is with this background HARUCHAI.com exists to rock the vote by removing elected officials who are demonstrably, not smarter than a 5th grader.

Old Guard still standing ...

  • NPR
  • --Ramping Up Its COVID Response, EU Will Buy Up To 1.8B Doses Of Pfizer Vaccine
  • --Conflict Between Israelis and Palestinians Continue In Jerusalem
  • --India May Be Undercounting Its Massive COVID-19 Infection Numbers
  • LA TIMES
  • --Dozens of German priests will defy the Vatican and live-stream blessings of gay couples
  • --COVID is killing 120 people an hour in India, and it could stay "really grim" for months
  • --Report: China emissions exceed all developed nations combined - 27% of worlds total
  • NEW YORK TIMES
  • --Trump Still Has Iron Grip on Republicans
  • --As Republicans Advance Voting Laws, Democrats Scramble to Push Back
  • --Justice Dept. Seized Washington Post’s Phone Records
  • BBC
  • --Kabul attack: Blast near school leaves at least 30 dead
  • --Covid: Macron calls on US to drop vaccine export bans
  • --India's Covid crisis: Rural hospitals unable to cope as virus spreads

Indie news of note ...

  • HIDDEN CITY PHILADELPHIA
  • --A Mother’s Day Tribute to Philadelphia’s Female Pioneers in Law
  • --Underground Railroad Site Saved from Development
  • --Imperial Theater in West Philly Faces a Bright Future
  • CITY LIMITS
  • --Opinion: For a More Equitable City, Provide More Mentorship Opportunities for Youth
  • --Can the Next ‘Beep’ Make the Bronx Healthier?
  • --How Ranked Choice Voting is Changing the Endorsement Game in NYC Elections
  • CHICAGO REPORTER
  • --Latino Muslims Put Their Faith Into Action
  • --University Needs To Do Better When Identifying Race
  • --Parents And Educators Question The Value Of Shortened School Year

Science feeds of note ...

  • PHYS.ORG
  • --Ingenuity Mars helicopter completes first one-way trip
  • --Last wild macaw in Rio is lonely and looking for love
  • --California agency approves warehouse rule for air quality
  • SLASHDOT
  • --New Studies Show Covid-19 Vaccines' Effectiveness Against Variants
  • --New Audio From Mars Captures Sounds of Ingenuity Helicopter's Flight
  • --Facebook Criticized For 'Arbitrary' Suspension of Trump -- by Its Own Oversight Board

Evolution feeds of note ...

  • EVOLUTION INSTITUTE
  • --Can Our Evolutionary Past Help Shape Our Classrooms’ Future?
  • --The Coronavirus in Evolutionary Perspective
  • --The Nordic Third Way: A Conversation with Nina Witoszek and Atle Midttun
  • CELL.COM
  • --Scale gaps in landscape phenology: challenges and opportunities
  • --Food intake: an overlooked driver of climate change casualties?
  • --Response to Charlier et al.: Climate–Disease Feedbacks Mediated by Livestock Methane Emissions Are P
  • NATURE.COM
  • --A morphometric approach to track opium poppy domestication
  • --Selective sweep for an enhancer involucrin allele identifies skin barrier adaptation out of Africa
  • --Balanced imitation sustains song culture in zebra finches
  • NYTIMES: EVOLUTION
  • --Some Male Birds Fly Under False Colors to Attract Mates, Study Suggests
  • --¿Cómo era esa canción? Este pájaro no sabe
  • --This Endangered Bird Lost Its Song in Australia

Espresso feeds of note ...

  • COFFEE TOGRAPHER
  • --A Good Coffee Time Awaits in Miami, HomeState Tacos + Cookie Milk Cold Brew in West Adams, Lolly Lol
  • --Planet Forward Canisters, Coffee Bags Create Skims’ Hues, A Coffee Washing Station in Ninga Hill.
  • --Coffee Doesn’t Cancel, A Tiny Cafe in Highland Park, A Bakehouse with a Good Mission
  • PERFECT DAILY FEED
  • --Coffee News Recap, May 7: Protests in Colombia continue, Specialty Coffee Expo to take place in New
  • --CBD and coffee: Exploring a new market
  • --Exploring Malawi as a coffee origin
  • REDDIT COFFEE
  • --[MOD] The Daily Question Thread
  • --[MOD] What have you been brewing this week?/ Coffee bean recommendations
  • --Looking for suggestions to change the way I drink cold coffee?
  • SPRUDGE
  • --Protests, Violence, And Calls For Support: Voices Of Colombia’s Coffee Professionals (Updating)
  • --Protests In Colombia Have Halted Coffee Exports
  • --The Space Wine Has Returned To Earth, Will Cost $1 Million