WINTER, Circuit Judge:
This appeal is taken from an order, 573 F.Supp. 1245 (D.Conn. 1983), entered in three civil actions pending before the district court: In Re Anthony R. Martin-Trigona, Misc.Civ. No. H83-62 (consolidated bankruptcy cases and related matters); Martin-Trigona v. Lavien, Misc.Civ. No. H83-305 (alleging conspiracy and violation of civil rights); and Martin-Trigona v. Smith, Civ. No. H83-322 (alleging violation of civil and constitutional rights). The order broadly enjoins appellant, inter alia, from instituting litigation in any state or federal court without fulfilling certain conditions. We affirm in part, vacate in part and remand for further proceedings.
To those who follow the business of the courts, the appellant needs no introduction. He is the source of literally hundreds of lawsuits, motions and miscellaneous pleadings, all but a small fraction of which lack any merit whatsoever. Viewing Martin-Trigona's litigious conduct in its entirety yields the inescapable conclusion that he persistently resorts to legal processes without regard to the merits of the claims asserted and that he invokes those processes largely to harass persons who have unluckily crossed his path. His abuse of legal processes is exemplified not only by the number and variety of meritless actions but also by his recent use of pleadings and other legal papers, the contents of which are set out in their appalling detail in the district court's opinion, as a vehicle to launch vicious attacks upon persons of Jewish heritage.
The district court is not the first judicial tribunal to take public notice of Martin-Trigona's determined and persistent misuse of legal processes. A law school graduate, Martin-Trigona was denied admission to the Illinois bar because "he lacks the qualities of responsibility, candor, fairness, self-restraint, objectivity and respect for the judicial system which are necessary adjuncts to the orderly administration of justice," In re Martin-Trigona, 55 Ill.2d 301, 312, 302 N.E.2d 68, 74 (1973), cert. denied, 417 U.S. 909, 94 S.Ct. 2605, 41 L.Ed.2d 212 (1974). Judge Weinfeld has had occasion to observe
Martin-Trigona v. Brooks & Holtzman, 551 F.Supp. 1378, 1384 (S.D.N.Y.1982).
Martin-Trigona v. Shiff, 702 F.2d 380, 382 (2d Cir.1983).
THE PROCEEDINGS IN THE DISTRICT COURT
Appellant's activities in the district court for the District of Connecticut began in 1981 when two bankruptcy cases in which he was involved were transferred from the Southern District of New York. The bankruptcy court consolidated the cases and appointed trustees for Martin-Trigona's personal estate and for New Haven Radio, Inc., a bankrupt corporation in which Martin-Trigona is sole shareholder. Appellant thereafter refused to be examined and was found in contempt by Bankruptcy Judge Shiff.
In the course of the bankruptcy case, Martin-Trigona authored an array of plenary actions, motions, applications, appeals and other proceedings, including an action naming all the judges in the District of Connecticut as defendants. Martin-Trigona's actions were, following the general practice of the district, randomly assigned among district judges in Connecticut. As his filings multiplied, efficient administration of the inter-related litigation became increasingly difficult. Therefore, at the request of Martin-Trigona, Chief Judge Daly transferred all such pending actions in the district to Judge Cabranes on January 11, 1983.
By order filed May 6, 1983, Judge Cabranes stayed the bankruptcy proceedings in all respects and scheduled a hearing on all pending motions for June 6. He also required the parties to the bankruptcy proceedings and the United States as a representative of several federal defendants, including judges and the United States Attorney, sued by Martin-Trigona in related actions, to state their views on the course of further proceedings. The United States advised issuance of a broad injunction to prohibit relitigation of decided issues and to establish conditions for the filing of additional court papers. The various named defendants filed motions to dismiss and sought to enjoin Martin-Trigona from suing the trustees in bankruptcy, their attorneys, their families, and persons in privity with them without prior leave of the district court.
The order issued by Judge Cabranes gave appellant notice of the hearing date and the matters to be dealt with, as did the court calendar. In addition, on June 3, 1983, Martin-Trigona appeared before Judge Cabranes in a separate contempt hearing.
Martin-Trigona did not appear at the June 6 hearing. The court heard from various parties and from the attorney representing Martin-Trigona in the criminal contempt proceeding, see note 2 supra, who was present, on various issues. On June 8, 1983 Judge Cabranes entered a temporary restraining order enjoining Martin-Trigona from filing actions in the District of Connecticut until a further hearing was held.
The court also entered an order to show cause why a permanent injunction should not issue and why all actions brought by Martin-Trigona then pending before the court should not be dismissed. The district court scheduled a hearing for June 16, 1983 on this order and indicated its intent to consolidate it with a trial on the merits. That hearing was postponed until June 17, 1983. Meanwhile, Martin-Trigona moved to recuse Judge Cabranes and for the appointment of counsel. These motions were denied at the start of the June 17 hearing. In accordance with Fed.R.Civ.P. 65(a)(2), the court consolidated the injunction hearing with a trial on the merits.
Martin-Trigona, appearing pro se, indicated a desire to call as witnesses the bankruptcy trustees and their counsel, the United States Attorney, a special prosecutor appointed in a contempt proceeding and Martin-Trigona's own court-appointed counsel in that contempt proceeding to prove that "the Jewish defendants" had sustained no injury warranting injunctive relief. The court refused to allow Martin-Trigona to put on such evidence. Martin-Trigona then asserted his desire to take the stand to testify as to the allegations in his complaints, his intent and his good faith. The court accepted this offer of proof, but when Martin-Trigona was given the opportunity to testify, he declined, stating, "There's no need for it."
On June 23, 1983 Judge Cabranes issued a broad permanent injunction, In Re Martin-Trigona, 573 F.Supp. 1245, 1261-68 (D.Conn.1983), which, in summary, enjoined Martin-Trigona from:
The injunction is subject to the following limitations:
Judge Cabranes made extensive findings in support of the injunction, which we briefly summarize. Martin-Trigona is known to have filed over 250 civil actions, appeals, and other matters throughout the United States,
Martin-Trigona's appeal is limited to the following questions: (1) whether he was denied due process; (2) whether there is a lack of Article III jurisdiction because there is no case or controversy; (3) whether the moving parties failed to meet their burden of proof or demonstrate irreparable harm; and (4) whether the breadth of the order violates appellant's right of access to the courts.
A. The Due Process Issues
Martin-Trigona asserts that the district court failed to give him adequate notice and opportunity to be heard at the preliminary hearing. He also claims that the refusal of the district court to appoint counsel violated his right to a fair hearing.
We find these claims to be without merit. First, Martin-Trigona had full notice of the June 6, 1983 hearing by virtue of the May 6 order, the court calendar and the personal notice afforded him by the district court on June 3. His letter to the court of June 4 demonstrated personal knowledge of the hearing date. Nor is his failure to appear excused by his pro se status. Martin-Trigona is "no stranger to the federal courts," Martin-Trigona v. Shiff, 702 F.2d at 382, and, to say the least, has demonstrated extensive, not to say excessive, familiarity with judicial processes. The notice of the June 6 hearing he received was more than adequate.
Martin-Trigona also argues that he had inadequate notice that the trial on the merits would be consolidated with the preliminary injunction hearing. At the June 6, 1983 hearing, the district court stated that "presumably the preliminary injunction hearing [scheduled for June 16, 1983] would be consolidated under Rule 65 with the trial on the merits of the injunction action." When that hearing was held on June 17, 1983, the court ordered the consolidation. Martin-Trigona contends that, because of his absence from the June 6 hearing, he never received adequate notice that the court would consolidate the matters. This argument is specious. Martin-Trigona's failure to attend the June 6 hearing does not relieve him of the legal effects of the court's action at that hearing. Moreover, no prejudice flowing from the consolidation has been claimed, much less demonstrated.
Appellant's contention that he was denied the opportunity to call witnesses on his behalf is equally meritless. While the court quite properly rejected Martin-Trigona's offer of proof on one issue as irrelevant, it never declined to hear relevant testimony. Martin-Trigona proffered no such testimony other than his own and then declined the opportunity to testify.
Appellant's argument that denial of his motion for appointment of counsel deprived him of a fair hearing is similarly without merit. The sixth amendment right to counsel of course extends only to criminal and quasi-criminal proceedings. Hannah v. Larche, 363 U.S. 420, 440 n. 16, 80 S.Ct. 1502, 1513 n. 16, 4 L.Ed.2d 1307 (1960); Ferguson v. Gathright, 485 F.2d 504, 506 (4th Cir.1973), cert. denied, 415 U.S. 933, 94 S.Ct. 1447, 39 L.Ed.2d 491 (1974); Madera v. Board of Education, 386 F.2d 778, 780 (2d Cir.1967), cert. denied, 390 U.S. 1028, 88 S.Ct. 1416, 20 L.Ed.2d 284 (1968). In non-criminal cases federal courts have the authority to appoint counsel, but generally they are not required to do so. 28 U.S.C. § 1915(d); see Caruth v. Pinkney, 683 F.2d 1044, 1048 (7th Cir.1982), cert. denied, 459 U.S. 1214, 103 S.Ct. 1212, 75 L.Ed.2d 451 (1983). The determination of whether appointment of counsel is necessary rests with the discretion of the court. Id.
We cannot say that the district court abused its discretion in denying Martin-Trigona's motion for appointment of counsel. It is of course true that the hearing in question involved Martin-Trigona's future freedom to invoke judicial proceedings, a not inconsiderable right. However, he failed to move for the appointment of counsel until near or on the very morning
Similarly, we reject Martin-Trigona's contention that as a debtor in bankruptcy he had a right to appointed counsel under former Bankruptcy Rule 215(a).
B. The Availability of Injunctive Relief
Martin-Trigona raises several objections to the grant of injunctive relief in this case, including a purported lack of a case or controversy, the movants' lack of standing and their failure to demonstrate irreparable harm.
These objections are misplaced since each assumes that the sole judicial role in this proceeding is as a neutral arbiter of a dispute between private parties. That assumption is incorrect. Federal courts have both the inherent power and the constitutional obligation to protect their jurisdiction from conduct which impairs their ability to carry out Article III functions. If such power did not exist, or if its exercise were somehow dependent upon the actions of another branch of government or upon the entitlement of a private party to injunctive relief, the independence and constitutional role of Article III courts would be endangered.
The findings of the district court exemplify this basic principle. In the bankruptcy cases alone, Martin-Trigona has: (i) prevented the fair and efficient administration of the bankrupt estate; (ii) used legal processes solely to harass parties to federal litigation, their counsel, judicial personnel and their families; (iii) deprived such adverse parties of their right to unimpaired access to the federal courts and to an efficient adjudication of claims asserted under federal law; and (iv) injured all litigants with cases pending in the district court (or who have decided to forgo meritorious claims because of the likely delay) and in this court by diverting considerable judicial resources to his voluminous litigation.
Were litigants free to resort to Martin-Trigona's tactics with impunity, the results would be potentially to render many federal laws unenforceable in federal courts or enforceable only at great cost, to chill litigants from seeking relief to which they are entitled, to deter counsel from representation in cases involving malicious and litigious parties, to make it more difficult to recruit personnel for all positions in the
We act, therefore, not only as an arbiter of a dispute between private parties but also in defense of the means necessary to carry out our constitutional function. In such circumstances, the power to act against vexatious litigation is clear. As we previously have stated:
In Re Hartford Textile Corp., 659 F.2d 299, 305 (2d Cir.1981), cert. denied, 455 U.S. 1018, 102 S.Ct. 1714, 72 L.Ed.2d 136 (1982). Moreover, the traditional standards for injunctive relief, i.e. irreparable injury and inadequate remedy at law, do not apply to the issuance of an injunction against a vexatious litigant. Where the jurisdiction of the federal courts is in need of protection, we need not await the arrival of a litigant able to show a private entitlement to relief. Indeed, in cases such as the instant one, private parties and their counsel (who may have to notify an insurance carrier of actions against them no matter how frivolous) may well decide that the course of wisdom is not to seek injunctive relief, which may only generate new harassing actions, but to hope the malicious litigant finds new quarry. A history of litigation entailing "vexation, harassment and needless expense to [other parties]" and "an unnecessary burden on the courts and their supporting personnel" is enough. Matter of Hartford Textile Corp., 681 F.2d 895, 897 (2d Cir.1982), cert. denied, 459 U.S. 1206, 103 S.Ct. 1195, 75 L.Ed.2d 439 (1983).
The district court in the present case thus had the power and the obligation to protect the public and the efficient administration of justice from Martin-Trigona's litigious propensities. Injunctive relief was fully appropriate, since other sanctions would not be effective. Assessment of costs and legal fees against this appellant might be fruitless in light of the bankruptcy proceedings and even countereffective in that they would lead to yet further protracted litigation.
C. The Breadth of the Injunction
Martin-Trigona also attacks various aspects of the injunctive order. We address only the more significant issues raised and to the extent that certain provisions of the order are not mentioned in this opinion, we agree with and affirm the district court.
We regard the restrictions placed upon Martin-Trigona's bringing of new actions in all federal district courts as necessary and proper. The district court is part of the federal judicial system and has an obligation to protect and preserve the sound and orderly administration of justice throughout that system. The order does not prohibit Martin-Trigona from seeking access to other federal district courts; it merely requires that he inform the court in question of pertinent facts concerning the action he seeks to bring, including the existence of the injunction order and of outstanding litigation against the named defendants, and that he obtain leave of that court to file the action. These conditions are hardly unreasonable. We need not wait until a vexatious litigant inundates each federal district court with meritless actions to condition access to that court upon a demonstration of good faith. In light of the record before us, which includes reported decisions involving Martin-Trigona in the courts of appeals of at least five circuits in recent years,
However, the protection of federal jurisdiction does not necessarily require extension of each provision of the injunction to actions brought in state courts. It is our independence from other branches of
It does not follow, however, that some qualifications relating to the protection of federal interests may not be placed upon Martin-Trigona's resort to state courts. First, while comity usually requires us to abstain from intrusion into state proceedings, a spirit of cooperative federalism calls upon us to alert state courts to Martin-Trigona's past activities so they may take judicial notice of matters relevant to new litigation brought by him. Upon remand, therefore, the district court should continue the provisions of the injunction requiring Martin-Trigona to append pertinent informational materials to pleadings in state courts.
Second, protection of our jurisdiction requires that we shield federal litigants, their counsel, court personnel, their families and professional associates from Martin-Trigona's vexatious litigation in all courts, state or federal. His established practice of resorting to litigation in various fora as a means of harassing anyone who so much as crosses his path in the federal courts — e.g. litigation against the estate of a trustee's father, litigation against an attorney whose sole role was to move the admission of counsel pro hac vice, litigation seeking to have himself appointed guardian ad litem of the district judge's children — requires us to afford protection to such individuals so they may be spared further harassment and so resort to the federal courts by others is not chilled. The injunction achieves this to some degree by enjoining the bringing of new actions which arise out of the bankruptcy proceedings. However, since the provision relating to new actions in state courts is to be vacated in part, the protection afforded is too narrow. On remand, the district court should fashion an injunction prohibiting Martin-Trigona from bringing new actions in any tribunal without leave from the district court against persons who have encountered him in any capacity in litigation in the District of Connecticut or in this court, including, but not necessarily limited to, court personnel, counsel, and the families and professional associates of such persons.
We further note that the district court's responsibility to protect federal jurisdiction and those individuals or entities who seek access to federal courts may entail periodic revision of the injunction to keep pace with Martin-Trigona's imaginative pursuit of new methods of harassment. Nothing we say here limits the power of the district court to prevent harassing and vexatious conduct by Martin-Trigona which is related to litigation, pending or concluded, in the district court or in this court.
We believe the injunction should explicitly exempt complaints by Martin-Trigona or anyone acting in his behalf under 28 U.S.C. § 372(c). This provision relates to complaints of judicial misconduct and, absent a finding that Martin-Trigona has abused such proceedings so as to impair the administration of justice, we believe access to this avenue of redress should not be limited at this time. Other litigants are not affected by such a proceeding and, since its purpose is to impose a form of monitoring upon the judiciary itself, we believe that enjoining resort to it can be justified only by a finding of abuse impairing the administration of justice. Moreover, consideration of whether the process established under Section 372(c) is being abused and, if so, what remedies are appropriate may best lay with the judicial council of the circuit.
D. Further Proceedings in this Court
The district court order states "[n]othing in this order shall be construed
We believe this order protects private parties from vexatious appellate procedures without preventing Martin-Trigona from pursuing claims with possible merit.
For the reasons set forth above, we affirm the district court's issuance of injunctive relief in part and vacate it in part. The order of the district court shall remain in effect until twenty-one days after the issuance of the mandate or until modified in accordance with this opinion. The preliminary order relating to proceedings in this court shall issue forthwith. The appellant is ordered to show cause on or before thirty days after issuance of this opinion why the preliminary order should not be made permanent.
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ANTHONY R. MARTIN-TRIGONA, Plaintiff,
HAROLD LAVIEN, ROBERT KRECHEVSKY, ALAN SHIFF, ALAN NEVAS, IRVING PERLMUTTER, DANIEL MEISTER, RICHARD BELFORD, RICHARD COAN, JON SCHNEIDER, THOMAS URMY, UNITED STATES DISTRICT COURT, Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF AND FOR MONEY DAMAGES
THE PLAINTIFF COMPLAINS of the defendants for his first cause of action pleads:
I. JURISDICTION, VENUE AND JURY DEMAND
1. This Court has jurisdiction pursuant to 28 USCA §§ 1361, 1343, 1331.
2. Venue is proper in this district because all of the defendants have taken action either personally in this district, or from outside the district with the foreseeable impact of forum consequences in this district.
3. Plaintiff demands a jury trial.
II. SUMMARY OF THE ACTION
4. This is a civil rights law suit against a group of Jews who have acted, combined and conspired to violate the laws of the United States and to (a) deprive plaintiff of due process of law and (b) to steal plaintiff's property through the manipulation of this court and other instrumentalities of the federal government, all in violation of the laws and Constitution of the United States.
III. FACTUAL ALLEGATIONS
5. In 1980, plaintiff was kidnapped on void legal process, and held incommunicado, and was not released from kidnapping until April, 1982.
6. While plaintiff was absent from his property, this property was seized by the defendant Jews.
7. Substantially all of the "bankruptcy judges" who have had connection with plaintiff's property have been Jews.
8. All of the trustees appointed by said judges have been Jews.
9. All of the counsel for said trustees have been Jews.
10. The Jews speak and intrigue among themselves, but refuse to talk with plaintiff, except when they have him in chains Messiah-style.
11. Defendant Lavien has flatly asserted it is permissible for him to meet in secret with Jewish lawyers to determine how to loot plaintiff's property.
12. Substantially the entire bankruptcy court system in the entire United States is manipulated and controlled by Jewish judges and Jewish lawyers.
13. Although Jews constitute about 3% of the national population, they constitute almost 100% of the bankruptcy court judges and lawyers.
14. In almost 100% of the cases filed in Connecticut, Jewish bankruptcy judges appoint Jewish bankruptcy trustees who choose Jewish lawyers to represent them.
15. The court may take judicial notice of the fact — exemplified in this case — that Jews, historically and in daily living, acted through clans and in wolf pack syndrome to exclude all goyim from their circles.
16. Whatever they may say publically, in private Jews hate Christians, and have paranoid delusions about themselves and Christians. Jews think of themselves as a master race, or "chosen people," and hate Christians for worshiping a man whom Jews assassinated and regard as a poseur.
17. Jews work through a national network. For example, when defendant Coan wanted "help" in New York, he chose to call another Jew. When the defendants have sought help, it is always from within the closed system of bankruptcy Jews or its appurtenances.
18. Non-Jewish lawyers in Connecticut refer to the Jewish cabal, euphemistacally, as "Ali Baba and the Forty Thieves," chosing a non-Jewish, but semitic, parallel.
19. The existence of the Jewish bankruptcy clan discourages Christian lawyers from participating in the bankruptcy court process and bringing Christian concepts, values and moral standards to the administration of bankruptcy justice.
20. No sociological evidence exists that Jews have superior intelligence or any other special characteristics, other than the herd instinct, which would make them a master race or natural leaders absent their ability to combine and operate in concert.
21. The plaintiff is an honest man, who has worked hard for his property and, in the style of a Palestinian, is beset by a horde of bankruptcy Jews who are trying
IV. CLAIM FOR RELIEF
22. The actions of the defendant Bankruptcy Jews affect interstate commerce, both generally and specifically in plaintiff's case, where FCC radio licenses, operating in interstate commerce, have been seized by the defendants or their agents.
23. The conduct of the defendants amounts to a combination and conspiracy in violation of the Antitrust laws, 15 USCA § 1 et seq.
WHEREFORE, Plaintiff sues and demands judgment for damages sustained by plaintiff in violation of the antitrust laws.
THE PLAINTIFF COMPLAINS of the defendants and for his second cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-23 of Count One and further pleads:
24. The defendants have acted, combined and conspired as part of a theocratic and ethnic-based conspiracy in furtherance of the interests of Jews, to violate plaintiff's constitutional rights to due process and right of access to the courts to a neutral and detached judicial system free of Jewish manipulation, domination, control or excessive influence. Meaningful access has been totally denied.
WHEREFORE, Plaintiff sues and demands and demands judgment for violation of due process and denial of access to the courts.
THE PLAINTIFF COMPLAINS of the defendants and for his third cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this count, ¶¶ 1-24 of Count Two and further pleads:
25. The Department of Justice has promulgated non-discriminatory standards for appointment of bankruptcy trustees. Subsumed within said standards is the predicate that said trustees will themselves not discriminate, as defendants have by seeking out Jewish "counsel" for the Jewish trustees.
26. The regulations under which defendants are bound to appoint trustees, and said trustees are bound to act, have been trampled by the defendants.
27. The regulation creates a private right of action for its violation, 28 CFR § 58.5, and plaintiff has been damaged, and is being damaged by violations of the regulation.
28. Because the defendants are all Jewish, they do not think that the American laws apply to them. Therefore, for example, defendants have schemed to deny plaintiff his constitutional right to counsel. Defendants have refused to obey rules and regulations which require full monthly disclosure of all financial transactions in which they have engaged. Defendants have only exchanged this secret information with other Jews, or tried to enter into manipulative "settlements" to steal plaintiff's property, all in violation of both the letter and spirit of the Justice Department regulation.
WHEREFORE, Plaintiff sues and demands judgment for violation of the agency regulation.
THE PLAINTIFF COMPLAINS of the defendants and for his fourth cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-28 of Count Three and further pleads:
29. Plaintiff's rights have been violated by the conduct of the defendants, who have acted, combined and conspired to violate 42 USCA § 1985(2)(cl. 1).
WHEREFORE, Plaintiff sues and demands judgment for damages sustained as a result of defendant's violations of 42 USCA § 1985(2)(cl. 1).
THE PLAINTIFF COMPLAINS of the defendants and for his fifth cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-29 of Count Four and further pleads:
30. The defendants have violated and are violating 42 USCA § 1985(3).
31. This case represents a novel twist on § 1985(3) adjudications. The defendants are organized as a religious group to discriminate against plaintiff.
THE PLAINTIFF COMPLAINS of the defendants and for his sixth cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-30 of Count Five and further pleads:
31. The defendants are violating the spirit of 42 USCA § 2000e-16.
32. It is not exactly clear if § 2000e-16 is directly applicable, but it is applicable through its incorporation of Executive Order 11478.
WHEREFORE, plaintiff sues and demands judgment for violation of 42 USCA § 2000e-16.
THE PLAINTIFF COMPLAINS of the defendants and for his seventh cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-32 of Count Six and further pleads:
33. Defendant Nevas has acted, combined and conspired with other defendants to manipulate and control the Department of Justice, and U.S. Marshal's office and FBI in support of the unlawful discriminatory acts of the defendants, by inter alia, seeking to have the plaintiff murdered in the Bridgeport Correctional Center in January, 1982.
34. Defendant Nevas has refused to investigate complaints of violations of federal laws lodged by the plaintiff, but purports to "investigate" complaints by the defendants, which are used by the defendants to invoke Jewish loyalty in furtherance of the scheme and conspiracy and combination of Jews to steal plaintiff's property by any means possible, however desperate or unlawful.
35. Plaintiff therefore asks that the U.S. Attorney's office be enjoined from being manipulated or controlled by Jews, either directly or indirectly, and that it either investigate all complaints on a non-discriminatory basis, or else be removed from any involvement in any matter related to plaintiff.
THE PLAINTIFF COMPLAINS of the defendants and for his eighth cause of action pleads:
1. Plaintiff realleges as similarly numbered paragraphs of this Count, ¶¶ 1-35 of Count seven and further pleads:
36. The bankruptcy court in the District of Connecticut is a direct agent of the District Court, operating under emergency rule.
37. Therefore, the active district judges of the District bear direct responsibility for all actions of bankruptcy judges and trustees operating in this district, or who are seeking to act in conjunction wither their like ilk in other districts (Lavien, etc.).
38. The plaintiff has never invoked the bankruptcy jurisdiction of this Court, could not do so because he does not live here, and has steadfastly demanded the dismissal of all bankruptcy litigation in this district for almost two years!
39. This court has ignored these requests for dismissal for two years and bears a large share of the burden for the damage inflicted on an innocent party by the Jewish conspiracy that seized his property and seeks to steal and destroy his life's work.
WHEREFORE, Plaintiff sues and demands judgment under equitable principles of law seeking the appointment of a receiver for the bankruptcy court.
V. PRAYER FOR RELIEF
WHEREFORE Plaintiff sues and prays judgment as follows:
1. Injunctive relief barring any Jew from having anything to do with plaintiff's property, and restoring plaintiff's property to him immediately, by dismissal of all Jewish inspired and Jewish maintained bankruptcy litigation.
2. Money damages against the non-immune defendants in the amount of $10 million, trebled under the antitrust count for total damages of $30 million.
3. Appointment of a receiver for the bankruptcy courts, to extirpate Jewish domination and control of the bankruptcy courts and to ensure and insure non-discriminatory treatment both for people appointed by the courts, and for those people who come into the courts seeking justice under the laws of the United States.
4. For such other relief as may be necessary and proper including counsel fees and costs and other declaratory and injunctive relief and additional money damages, after proof at trial.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF CONNECTICUT
ANTHONY R. MARTIN-TRIGONA,
NEW HAVEN RADIO, INC.,
AFFIDAVIT IN SUPPORT OF MOTION TO RECUSE JUDGE AND FOR OTHER RELIEF
The debtors, by and through Anthony R. Martin-Trigona, individual debtor or Chief Executive of the corporate debtor, hereby submit this affidavit in support of their Renewed Motion to recuse judge.
1. The law partner and secret financial partner of the court, Robert Killian, was subpoenaed, but refused to appear in court. A motion seeking his arrest and charging with contempt will shortly be filed. This court must draw an adverse inference from the refusal of the court's law partner to appear and testify on matters concerning both financial and political conflict of interest.
2. It is obvious that since September, 1980, my property has been subjected to a massive, continuing Holocaust by Jew judges and Jew lawyers. One cannot ram a never-ending stream of Jews down a man's throat for years, and expect a person to take it. Just as the Jews claim they have a right to "fight" to avoid a Holocaust, so too a Christian has a right to "fight" (in this case through invocation of the judicial power) to protect himself from a Jewish inspired and Jewish engineered Holocaust which has sought to steal my
3. The Jews have been running roughshod over me for literally years, since 1980, seeking to destroy and steal my property. Although I was not a Jew hater when these cases began, any love for the Jews I may have had has been dissipated by barbaric tortures inflicted on me by the Jews. I can see now that anti-semitism has a real root in the ageless manipulation, chicanery and murder by the Jews.
4. Jews killed the son of God, and seek to deny the fact, and seek to murder and loot and steal from anyone who opposes their efforts at world domination and efforts at overcoming the curse flowing from the assassination of the Son of Yahweh. There is no question that, in biblical times, Jews were the "chosen people," chosen by Yahweh to fulfill the coming of his son, the Messiah, and that Jews blew it, and killed the son of their God, and are suffering for it. They continue to delude themselves that they are "chosen people," even though that role ended 2,000 years ago in assassination, and they continue to sin, steal and blaspheme in the same way that brought about the destruction of the kingdom, and the First Holocaust. As part of their greedy, unsavory efforts, Jews have been conducting a war against me and my property for over two, and nearly three years.
5. In the war against me generated by Jew greed, Jew judges have played a leading role. They act supine in favor of Jew lawyers, enter fictitious findings of fact, seize my property and purport to permit its liquidation, jail me illegally, and seek to harass me and prevent me from exercising my constitutional right of access to the courts.
6. Like the man in the movie Network, I have had it "up to here" with lying, cheating, thieving Jews who are harassing me. I intend, and have begun, a counterattack within the law, by seeking to change the law, and seeking to have a constitutional amendment adopted which would restrict the rights of Jews to act as they do. I am a man of peace, not violence, and would never take a step of personal violence against anyone, even a Jew. But I believe the state, under the law, has the right to engage in state-sanctioned violence where appropriate to protect the state from lawless conduct. This is why I propose a constitutional amendment to seize the property of the Jews, under due process and democracy, and to distribute obscene Jew wealth to feed the hungry, house the homeless and clothe the needy.
7. I do not believe I can receive Justice from a pack of Jew thives, judges and lawyers. I have a right under my constitution (i.e. that of the United States) to a "neutral and detached" judge. "Judge" Krechevsky is not neutral or detached. He is part of a Jew conspiracy to steal my property. And I don't like it. The Jews have spat upon me, lied against me, defrauded the courts of my country, and denounced me falsely. These are known Jew tactics to loot and steal, are used by Jews worldwide, and most often result in the murder and expulsion of Jews when governments change hands (i.e. Iran). I
8. I realize that many Jews may laugh at these views, expressed openly in a federal court, and made a historical record. I will let history be the judge and God stand as my witness. But, history shows that history has a sense of humor, or a way of playing strange tricks on arrogant operators such as the Jews. Jews never thought they would be kicked out of Europe, but they were by the Germans. They never thought the Shah would fall in Iran, but he did, and the new government removed them. It is a tragedy of our time that peaceful people, such as myself, are slow to anger, and even slower to take action, and action often turns into overreaction. I have come to "tune out" cries over the Holocaust, because Holocaust bretheren are trying to steal and destroy my business. Why should I care what happened to the Jews in Germany, when the Jews living and running around in Connecticut and Boston are trying to steal my business and to jail me. I am more concerned with the evil on earth, and can see how normally rational German people would have been driven to excess when they in effect had become strangers in their own country. I am able to understand how the Holocaust took place, and with every passing day feel less and less sorry that it did, when Jew survivors are operating as a wolf pack to steal my property. The historical fact of the Holocaust will pale in years to come, if Jews do not learn the lesson of the Holocaust, and heal themselves; reasonable people can be led to do unreasonable things if they are provoked long and hard enough. In the same way, the tortures I have experienced since 1980 have aroused a great hatred of the closed society of Jews operating in the bankruptcy courts to steal my business. I know, of course, that justice under law is the only way; it is better to lose this case, and seek revenge in a constitutional amendment and legal expropriation, that it would be to violate the law. But, nevertheless, I have begun to turn the wheels to secure such an amendment.
I do not believe that any of my adversaries in this case, particularly the Jew bankruptcy judges, can be neutral and detached. They have provoked me to extreme hatred by their blatant attempts to break the law and to favor their Jew brothers, hungry swine that grunt to be fed from my property. I have had enough.
9. I also am aware of attempts to retalizate against me through Krechevsky for my opposition to his law partner Killian. Killian has refused to show his face in court and to testify, a fact that permits an adverse inference and a citation for contempt. The totality of the facts is such that the judge in this case should recuse himself, and either order these cases dismissed or sent back to New York forthwith.
I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
April 21, 1983
Title and Docket No. Nature of Suit Parties Status A. R. Martin-Trigona Appealing dismissal Anthony R. Martin-Trigona Dismissed for v. of case (A)
*failure to prosecute Westinghouse Broadcasting, Westinghouse #80-7757 Broadcasting Co. Inc.; RKO General Inc.; Boston Broadcasters Inc. (E) **
A. R. Martin-Trigona Habeas corpus for Anthony R. Martin-Trigona Dismissed with v. U.S. failure of district (A) prejudice Marshall, court to review #82-2129 issues on the merits U.S. Marshall; Attorney General of United States (E) A. R. Martin-Trigona Appeal of granting Anthony R. Martin-Trigona Vacated and v. Alan of petitioner's (E) remanded; opinion Shiff, application for writ at 702 F.2d 380 #82-2145 of habeas corpus Alan Shiff (A) In re: A. R. Mandamus Anthony R. Martin-Trigona Denied by summary Martin-Trigona, (P) ***order (4/21/82) #83-3023 In re: New Haven Leave to appeal New Haven Radio, Dismissed; motion Radio, Inc., #82-5024 interlocutory orders Inc. (E) to reinstate denied; motion to reconsider Anthony R. denied Martin-Trigona; New Haven Radio, Inc. (A) In re: New Haven Appeal of Anthony R. Dismissed for Radio, Inc. #82-5032 unspecified Martin-Trigona (A) failure to pay fee; bankruptcy court Motion to pay fee orders Nicholas Bua, out of time Trustee (E) dismissed; motion to vacate dismissed In re: WHET, Appealing denial of WHET; Anthony R. Affirmed by #82-5034 motion to vacate Martin-Trigona (A) summary order (11/ dismissal of 10/83) WHET's bankruptcy David S. Ferrari, petition Trustee (E) A. R. Martin-Trigona Appealing dismissal Anthony R. Affirmed by v. Robert of appeal of order Martin-Trigona (A) summary order (4/ Burns, transferring cases 11/83) #82-5045 from SDNY to D. Robert Burns (E) Conn. In re: A. R. Appealing dismissal Anthony R. Motion in forma Martin-Trigona, order Martin-Trigona (A) pauperis pending in #82-5048 district court U.S. Trustee (E) In re: New Haven Appealing dismissal New Haven Radio Motion in forma Radio, Inc. #82-5049 order d/b/a WNHC (A) pauperis pending in district court U. S. Trustee (E) A. R. Martin-Trigona Anthony R. Motion in forma v. Hon. T. Martin-Trigona (A) pauperis pending in Emmet Clarie, et al, district court #82-6321 Judges Clarie, Daly, Burns, Eginton, Cabranes, Zampano, Blumenfeld, Shiff; Marowski, Clerk of Court (E)
A. R. Martin-Trigona Appealing dismissal Anthony R. Affirmed by v. IBM, of case Martin-Trigona (A) summary order #82-7806 (8/11/83) IBM; J. R. Young; N. Debkatzenbach; Frank Cary (E) A. R. Martin-Trigona Appealing dismissal Anthony R. Affirmed by v. Pierson, of RICO complaint Martin-Trigona (A) summary order Ball and Dowd, for improper venue Pierson, Ball & (5/2/83) #82-7938 Dowd (E) United States v. A. Criminal contempt United States of Argued 1/17/84; R. Martin-Trigona, America (E) pending #83-1410 A. R. Martin-Trigona (A) United States v. A. Criminal contempt United States of Awaiting argument R. Martin-Trigona, America (E) #83-1428 Anthony R. Martin-Trigona (A) United States v. A. Criminal contempt United States of Remanded to R. Martin-Trigona, America (E) district court #83-1444 Anthony R. 12/30/83 Martin-Trigona (A) A. R. Martin-Trigona See 82-2145 Anthony R. Martin-Trigona Dismissed for v. A. Shiff, (A) failure to prosecute #83-2155 Alan Shiff (E) In re: New Haven Appealing denial of New Haven Radio Motion in forma Radio, Inc., motion for relief (A) pauperis pending in #83-5002 from judgment Edward K. Suskin; district court Irving Perlmutter (E) In re: New Haven Anthony R. Motion in forma Radio, Inc., Martin-Trigona (A) pauperis pending in #83-5003 Robert G. Burns district court (E) In re: WHET, Anthony R. Motion in forma #83-5004 Martin-Trigona (A) pauperis pending in David Ferrari, district court Trustee (E) In re: New Haven Anthony R. Motion in forma Radio, Inc., Martin-Trigona, pauperis pending in #83-5005 New Haven Radio district court (A) Irving Perlmutter (E) In re: A. R. Anthony R. Motion in forma Martin-Trigona et Martin-Trigona, pauperis pending in ano., #83-5006 New Haven Radio district court (A) Richard Belford (E) A. R. Martin-Trigona Appealing denial of Anthony R. Martin-Trigona Motion in forma v. United motion to recuse, (A) United pauperis pending in States, et al, #83-5008 denial of motion to States of America, district court transfer Alan Shiff, Robert Kreshefsky (E)
In re: A. R. Appealing master Anthony R. Stay denied; case Martin-Trigona list of parties to be Martin-Trigona (A) dismissed in open #83-5076 served Richard Coan (E) court (1/30/84) In re: A. R. Appealing grant of Anthony R. Pending; case Martin-Trigona immunity Martin-Trigona (A) docketed (12/5/83) #83-5078 Richard Coan, U.S. Attorney for D. Conn. (E) A. R. Martin-Trigona Appealing order and Anthony R. Dismissed for v. Brooks injunction of district Martin-Trigona (A) failure to pay fee and Holtzman, #83-7171 court; suing Brooks & Holtzman attorney for moving (E) to admit colleague pro hac vice in district court In re: A. R. Appealing order Anthony R. Dismissed; petition Martin-Trigona and denying Martin-Trigona (A) for rehearing New Haven Radio, appointment of appellee unknown pending #83-7526, 83-7528 counsel in bankruptcy proceedings In re: A. R. Appealing Anthony R. Dismissed; Martin-Trigona and dismissals Martin-Trigona (A) reinstated motion in New Haven Radio, appellee unknown forma pauperis #83-7666, 83-7668 received In re: A. R. Appealing order Anthony R. Dismissed; Martin-Trigona specifying procedure Martin-Trigona (A) scheduling order #83-7934 for filing cases in D'Amato & Lynch; default Connecticut district Ullman, Perlmutter court & Sklaver; Robert J. Bascetta; Belford & Belford; Coan, Lewendon & Royston; U. S. Attorney for D. Conn.; Cohen, Wolf, Rome & Klebanoff; Gould, Killian & Wynne; M. Hatcher Norris; Pierson, Ball & Dowd; F. Mac Buckley; U.S. Dep't of Justice; Goodwin, Proctor & Hoar; Elliot B. Pasik (E) In re: New Haven New Haven Radio, Dismissed; Radio #83-7936 Inc. (A) scheduling order Richard Belford; default Richard Coan; Daniel Meister (E) In re: A. R. Requesting Anthony R. Denied by summary Martin-Trigona, dismissal of all Martin-Trigona (P) order (2/8/84); #84-3005 bankruptcy Judge Jose petition for proceedings Cabranes (R) ****rehearing pending
In re: A. R. Appealing order of Anthony R. Emergency stay Martin-Trigona, civil contempt Martin-Trigona (A) denied #84-5018 Richard Belford; Daniel Meister (E)