5 Justices Recuse in Ex-Georgia Perimeter President’s RICO Case Against Regents Stephen Humphreys has been fighting a string of adverse trial and appellate court rulings against his client, former Georgia Perimeter College President Anthony Tricoli, who was ousted amid claims he mishandled millions in college funds. By Greg Land

Stephen-F-Humphreys-Article-202005061514
( Stephen F. Humphreys, Atlanta. (Photo: John Disney/ ALM) )

https://www.law.com/dailyreportonline/2020/05/06/5-justices-recuse-in-ex-georgia-perimeter-presidents-rico-case-against-regents/

5 Justices Recuse in Ex-Georgia Perimeter President’s RICO Case Against Regents
Stephen Humphreys has been fighting a string of adverse trial and appellate court rulings against his client, former Georgia Perimeter College President Anthony Tricoli, who was ousted amid claims he mishandled millions in college funds.
By Greg Land | May 06, 2020 at 03:16 PM

Update appended below:
Five of the state’s Supreme Court justices recused from a case centered on a yearslong battle between a former college president whose claims he was ousted as part of a cover-up of millions of dollars siphoned off by the University System of Georgia that has grown to include allegations of fraud and racketeering involving the state attorney general’s office.

Former Georgia Perimeter College President Anthony Tricoli and and his lawyer, Athens solo Stephen Humphreys, have been consistently stymied by lower court rulings, and the appeal the justices will hear ostensibly only involves a $6,675 sanctions order levied by a DeKalb County judge.

Humphreys is hoping he will at last get his chance to lay out what he considers insurmountable evidence of wrongdoing by the university system, Board of Regents and attorney general’s office, aided by the acquiescence or bias of jurists at every level.

Humphreys sought the recusal of all nine justices last month for a variety of reasons: Some had already ruled against him as Court of Appeals judges, others in declining to hear prior appeals as justices.

Justice Sarah Warren is a former Law Department attorney, he noted, and Justice Nels Peterson was once legal counsel for the state Board of Regents.

A two sentence order issued Monday said Justices Peterson, Warren, Charles Bethel, John Ellington and Carla Wong McMillian have decided to recuse. Chief Justice Harold Melton and Justices David Nahmias and Michael Boggs declined to do so.

Humphreys said that, while he welcomes the recusals, he must wait and see whether the court will agree to hear his appeal.
“They denied review the first time, even though the Court of Appeals initiated summary judgment on their own, with no notice or opportunity for us to respond,” Humphreys said.

“I’m arguing they illegally denied cert the first time under the summary judgment statute, and that they have to review it.”
“Of course, they’ll have to round up some judges first,” said Humphreys, who brought aboard criminal defense specialist Bruce Harvey to assist with the case in 2018.

Humphreys also is representing the plaintiffs in a Fulton County case asserting that the university system and former state Attorney General Sam Olens conspired to force out former Kennesaw State University President Daniel Papp so that Olens could take that job, which he held from 2016 to 2018.

That case was also dismissed and the justices denied cert in March, but Humphreys has a motion pending asking that the case be consolidated with Tricoli’s at the high court.

A spokeswoman for Attorney General Christopher Carr declined to comment.
The case began with Tricoli’s forced ouster in 2012 after auditors said more than $16 million had gone missing. The sum in question was later reduced to about $10 million.

Tricoli sued the Board of Regents and its members along with other system officials and Olens for claims including fraud, breach of contract and violations of Georgia’s Racketeer Influenced and Corrupt Organizations Act, arguing he was set up as the fall guy for a scheme to loot Georgia Perimeter’s reserves.

The state responded with a motion to dismiss, arguing among other things that the RICO statute contained no express waiver of sovereign immunity for the state and that Tricli had produced no written contract.

DeKalb County Superior Court Judge Daniel Coursey dismissed the suit, ruling the tort claims were barred by the Georgia Tort Claims Act’s sovereign immunity provisions, as were the RICO claims.

Tricoli appealed, but the court’s seven judges upheld Coursey’s dismissal in 2016.

Writing for the majority, Judge Gary Andrews wrote that Tricoli’s RICO claim “is an imaginative theory of recovery to assert against the state itself, but that is about all it is—imagination. The Georgia RICO Act does not express any waiver of sovereign immunity.”

The judge also wrote that, while Coursey had ruled on the state’s motion to dismiss, Tricoli had introduced evidence that he did have a written contract, thus changing the motion to one for summary judgment.

“Tricoli’s submission of documentary evidence in response to the motion to dismiss constituted, in effect, a request to convert the motion into one for summary judgment and waived the notice requirement for such a conversion,” Andrews wrote.

Presiding Judge Yvette Miller dissented, taking issue both with the court’s conversion of Coursey’s order changing the motion to one summary judgment and with its assertion that the RICO statute shielded state actors under sovereign immunity.

“The trial court did not convert the motion to dismiss into a motion for summary judgment,” she wrote, and “could not do so without providing Tricoli with notice.”

She also said the RICO act did not have to include specific “magic words” waiving sovereign immunity.

“The RICO statute includes government entities in its definition of enterprise, and it specifically provides a private individual with a civil remedy for RICO Act violations,” Miller wrote.

The Georgia Supreme Court denied cert on Tricoli’s appeal, as did the U.S. Supreme Court.

Humphreys then filed a motion asking Coursey to set aside his ruling dismissing the case.

Coursey denied the motion, and a lawyer with Carr’s office followed up with a motion for sanctions against Tricoli and Humphreys for filing it.

Coursey wrote the motion was “riddled with expansive and baseless assertions that display stubborn ignorance and purposeful disregard for the facts and the law.” The judge levied a $6,657 sanction based on the time Senior Assistant Attorney General C. McLaurin Sitton spent responding to the motion.

Humphreys appealed that order and, while it was pending, filed a supplemental brief alleging massive fraud by the university system involving federal grant money, to which the state never responded.

After hearing oral arguments—which included then-Judge McMillian chiding Humphreys for using his time on a “rant” unrelated to the issues at hand—the Court of Appeals affirmed Coursey’s order in October.

In his December application for cert to the state Supreme Court, Humphreys came out swinging: “This case is Georgia’s Watergate, only worse—by at least a billion dollars in fraud by state government officials,” he wrote.

“This case has got the documented crime,” he continued. “It’s got the cover up. It’s got the attempt to evade the most fundamental law of the land, not just by a cabal within the executive branch of state government, but taking in the Georgia judiciary, which has gone so far as to give a free pass to witness intimidation and whistleblower retaliation.”

Update:
Humphreys disputes that the only issue he has asked the Supreme Court is whether he should have been sanctioned for asking Judge Coursey to set aside his order dismissing the case.

“That is the only issue on which the AG responded,” said Humphreys, noting that he raised other matters and filed three supplemental motions that the Court of Appeals also dismissed.

“[T]he AG’s failure to respond on those issues does not mean they are not before the court on my petition,” said Humphreys in an email.

According to the brief the state filed with Supreme Court, the issue before the justices is: “Whether the Court of Appeals correctly affirmed the trial court’s exercise of discretion in sanctioning Petitioner and his counsel, Stephen Humphreys, for filing a motion to set aside a judgment that had been affirmed on appeal and which motion the trial court found devoid of support in fact and law

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Chase Ignored Identity Theft and Stole Our Money! If you Bank with Chase run as fast as you can!!!!!!!!!!!!!!!!!! — J & J Ranch, Stone Mtn, GA

While the country is on lockdown, and no one can travel anywhere, someone in Florida managed to get my debit card, and went to Walgreen’s and hit me with $105.95 twenty + times. So, Chase took my $900 it took forever to save, and $1300 more dollars, and claims it was me in Florida that […]

via Chase Ignored Identity Theft and Stole Our Money! If you Bank with Chase run as fast as you can!!!!!!!!!!!!!!!!!! — J & J Ranch, Stone Mtn, GA

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Advanced knowledge? CDC started hiring QUARANTINE program managers last November — The Most Revolutionary Act

The CDC appears to have had advanced knowledge of the coronavirus pandemic outbreak, as the agency which deliberately delayed testing kits in the USA for nearly a month was hiring quarantine program advisors in November of 2019, to cover Texas, New York, California, Washington, Florida and many other areas where the pandemic is now exploding. […]

via Advanced knowledge? CDC started hiring QUARANTINE program managers last November — The Most Revolutionary Act

Fact!

legal15

Too, whenever you file a case, you need to do everything, as if you plan to appeal. Every case goes to appeal, unless it is so shitty a case that it don’t warrant an appeal. Everything you do in your case should prepare for an easy appeal, you have to be diligent, as if you are the one being sued, and you have to do plenty of discovery if you want anything from the opposing party, and the most important thing, is you have to follow the Rules of Civil Procedure, Uniform Superior Court Rules, the Court’s Rules and all Orders.
If any of the above things have not been followed to a “t” then you have made it hard for yourself, and will most likely loose the case. If you have planned to appeal, which should always be done, then it will be easier and less costly to appeal.

Damn, that’s good, I am going to post.

29f1d974578c240cfb0796b6b0f3da48449903f1

CIA ‘Informant’ Tried To Set Up Trump Organization In 2015 This is huge! The Mueller report mentions this man over 100 times,

felix-sater-e1503952150534-780x392
(Felix Sater worked for the Trump organization and viciously tried to arrange meetings with Russia, but he is also an informant for the CIA and FBI. (Source: YouTube Screenshot))

Bombshell! CIA ‘Informant’ Tried To Set Up Trump Organization In 2015
This is huge! The Mueller report mentions this man over 100 times, but fails to disclose the fact that he had been working for the FBI and CIA since 1998!
Georgette by Georgette

Bombshell! CIA ‘Informant’ Tried To Set Up Trump Organization In 2015

Thanks to independent government watchdog Judicial Watch, the Russia-gate scandal is about to break wide open. A bombshell discovery has shown that the Russian collusion set up could have started as early as 2015, using an informant inside the Trump Organization who worked for the Federal Bureau of Information and the Central Intelligence Agency since 1998!

And, guess who he was recruited by… none other than Andrew Weissmann. The same Weissmann who was the real head of the Mueller probe and partisan supporter of Hillary Clinton’s candidacy.

In fact, he was at her “victory celebration” as the polls closed in 2016!

Weissmann is a ruthless prosecutor with a checkered ethics track record, and evidence appears that he already had an asset in place inside the Trump Organization by the time the “investigation” by Mueller had begun.

And, the informant was none other than Felix Sater.

Sater was on board to make sure that Trump was implicated in the concocted “collusion” narrative and was allowed to keep $40 million in stolen funds by the Obama administration.

Judicial Watch is seeking:
…all records of communications, including FBI 302 interview reports and offer agreements between former Special Counsel Robert Mueller’s office and Felix Sater, a former Trump organization official who was recently confirmed to be an informant for the FBI and CIA. Sater reportedly pushed a Russian real estate deal in 2016 while working at the Trump organization.

The American Thinker wrote:
Sater reportedly “began working with the Federal Bureau of Investigation in 1998, after he was caught in a stock-fraud scheme.” It was Andrew Weissmann who, as supervising assistant U.S. attorney, signed the agreement that brought Sater on as a government informant.

Federal prosecutors wrote a letter to Sater’s sentencing judge on August 27, 2009, in an effort to get him a lighter sentence: “Sater’s cooperation was of a depth and breadth rarely seen.”

Sater also was reportedly a CIA informant in the mid-2000s for the CIA during his undercover work with Russian military and intelligence officers.

The Mueller report mentions Sater more than 100 times but fails to mention that he was an active undercover informant for the FBI/CIA for more than two decades. In 2017, Sater was the subject of two interviews conducted under a proffer agreement with Mueller’s office according to page 69, footnote 304 of Mueller’s report on his Russian collusion investigation.

And, according to JW’s investigator Micah Morrison:
Beginning in late 2015, Sater repeatedly tried to arrange for [Trump attorney Michael] Cohen and candidate Trump, as representatives of the Trump Organization, to travel to Russia to meet with Russian government officials and possible financing partners.

Though his proposal appears to have been rejected by the Trump campaign, Sater persisted. “Into the spring of 2016,” the Mueller Report notes, “Sater and Cohen continued to discuss a trip to Moscow.” Sater emails Cohen that he is trying to arrange a meeting between “the 2 big guys,” Putin and Trump.

Sater’s re-emergence “suggests the possibility of a more sinister counter-narrative: that someone may have been trying to lure Trump into a trap—a politically damaging entanglement with Moscow money,” Morrison wrote.

Those discussions between the Trump Organization and Russian interests are the basis of much of the impeachment-mongering of the Democrats. If it turns out that those discussions were pushed by an agent of Andrew Weissmann well into 2016, then it certainly looks like a case of entrapment, pushed by a federal prosecutor devoted to the Democrats’ leading candidate for president.

REMEMBER: Dem Candidate Who Set Flag ABLAZE Now Considering Run for President

o-8
REMEMBER: Dem Candidate Who Set Flag ABLAZE Now Considering Run for President (Details)

REMEMBER: Dem Candidate Who Set Flag ABLAZE Now Considering Run for President (Details)


Oh, is that right?
John Salvatore Published 19 hours ago on July 20, 2019 By John Salvatore

Stacey Abrams once set the Peach State’s flag on fire.

She also failed to win her gubernatorial race against Brian Kemp in Georgia last November, though she still has yet to actually concede.

Now, Abrams is considering a run for president in 2020.

Stacey Abrams once set the Peach State’s flag on fire.

She also failed to win her gubernatorial race against Brian Kemp in Georgia last November, though she still has yet to actually concede.

Now, Abrams is considering a run for president in 2020.

Trending: WATCH: Sitting Dem Senator Threatens to Punch Trump In the Face, Then Calls for Peace

Can’t be Kemp, but can take down Trump, huh?

take our poll – story continues below
Did Trump Go Too Far With His “Democrats Don’t Like It Here, They Can Leave” Quote?
What sorcery is this?

From CNN:

Stacey Abrams, a rising star in the Democratic Party, said Monday it was possible she could seek her party’s presidential nomination next year.

Abrams’ comment came after an interview at the South by Southwest conference in Texas, where Abrams reportedly said she previously thought 2028 would be the earliest she could run for president, but over Twitter, she clarified: “Now 2020 is definitely on the table.”

Stacey Abrams

@staceyabrams
In #LeadFromTheOutside, I explore how to be intentional about plans, but flexible enough to adapt. 20 years ago, I never thought I’d be ready to run for POTUS before 2028. But life comes at you fast – as I shared in Q&A w @Yamiche at @sxsw. Now 2020 is definitely on the table…

11.7K
3:43 PM – Mar 11, 2019
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3,668 people are talking about this

About that pesky ol’ flag burning, via The Hill:

A decades-old news article about Georgia gubernatorial candidate Stacey Abrams (D) burning the state flag, which at the time included the Confederate battle flag, resurfaced on Monday.

Abrams stood on the steps of the Georgia Capitol in 1992 and burned the Georgia state flag which was viewed as a symbol of white supremacy due to its Confederate design, The New York Times reported.

c

ShareTweetFlip

Stacey Abrams once set the Peach State’s flag on fire.

She also failed to win her gubernatorial race against Brian Kemp in Georgia last November, though she still has yet to actually concede.

Now, Abrams is considering a run for president in 2020.

Trending: WATCH: Sitting Dem Senator Threatens to Punch Trump In the Face, Then Calls for Peace

Can’t be Kemp, but can take down Trump, huh?

take our poll – story continues below
Did Trump Go Too Far With His “Democrats Don’t Like It Here, They Can Leave” Quote?
What sorcery is this?

From CNN:

Stacey Abrams, a rising star in the Democratic Party, said Monday it was possible she could seek her party’s presidential nomination next year.

Abrams’ comment came after an interview at the South by Southwest conference in Texas, where Abrams reportedly said she previously thought 2028 would be the earliest she could run for president, but over Twitter, she clarified: “Now 2020 is definitely on the table.”

Stacey Abrams

@staceyabrams
In #LeadFromTheOutside, I explore how to be intentional about plans, but flexible enough to adapt. 20 years ago, I never thought I’d be ready to run for POTUS before 2028. But life comes at you fast – as I shared in Q&A w @Yamiche at @sxsw. Now 2020 is definitely on the table…

11.7K
3:43 PM – Mar 11, 2019
Twitter Ads info and privacy
3,668 people are talking about this

About that pesky ol’ flag burning, via The Hill:

A decades-old news article about Georgia gubernatorial candidate Stacey Abrams (D) burning the state flag, which at the time included the Confederate battle flag, resurfaced on Monday.

Abrams stood on the steps of the Georgia Capitol in 1992 and burned the Georgia state flag which was viewed as a symbol of white supremacy due to its Confederate design, The New York Times reported.

Does Abrams not know that illegals can’t vote?

Ryan Saavedra

@RealSaavedra
Georgia Democratic gubernatorial candidate Stacey Abrams: Democrats’ “blue wave” in November would be comprised of those who are “documented and undocumented”

Embedded video

Abrams once voted to confiscate guns. She says she did it just to “start a conversation.”

Will anyone believe that reason?

And “start a conversation” about what, exactly?

Actually banning guns, of course.

WATCH:

ShareTweetFlip

Stacey Abrams once set the Peach State’s flag on fire.

She also failed to win her gubernatorial race against Brian Kemp in Georgia last November, though she still has yet to actually concede.

Now, Abrams is considering a run for president in 2020.

Trending: WATCH: Sitting Dem Senator Threatens to Punch Trump In the Face, Then Calls for Peace

Can’t be Kemp, but can take down Trump, huh?

take our poll – story continues below
Did Trump Go Too Far With His “Democrats Don’t Like It Here, They Can Leave” Quote?
What sorcery is this?

From CNN:

Stacey Abrams, a rising star in the Democratic Party, said Monday it was possible she could seek her party’s presidential nomination next year.

Abrams’ comment came after an interview at the South by Southwest conference in Texas, where Abrams reportedly said she previously thought 2028 would be the earliest she could run for president, but over Twitter, she clarified: “Now 2020 is definitely on the table.”

Stacey Abrams

@staceyabrams
In #LeadFromTheOutside, I explore how to be intentional about plans, but flexible enough to adapt. 20 years ago, I never thought I’d be ready to run for POTUS before 2028. But life comes at you fast – as I shared in Q&A w @Yamiche at @sxsw. Now 2020 is definitely on the table…

11.7K
3:43 PM – Mar 11, 2019
Twitter Ads info and privacy
3,668 people are talking about this

About that pesky ol’ flag burning, via The Hill:

A decades-old news article about Georgia gubernatorial candidate Stacey Abrams (D) burning the state flag, which at the time included the Confederate battle flag, resurfaced on Monday.

Abrams stood on the steps of the Georgia Capitol in 1992 and burned the Georgia state flag which was viewed as a symbol of white supremacy due to its Confederate design, The New York Times reported.

Does Abrams not know that illegals can’t vote?

Ryan Saavedra

@RealSaavedra
Georgia Democratic gubernatorial candidate Stacey Abrams: Democrats’ “blue wave” in November would be comprised of those who are “documented and undocumented”

5,999
3:51 PM – Oct 12, 2018
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7,230 people are talking about this

Abrams once voted to confiscate guns. She says she did it just to “start a conversation.”

Will anyone believe that reason?

And “start a conversation” about what, exactly?

Actually banning guns, of course.

WATCH:

Check out what Black Panthers, who chanted “black power,” did for Abrams…

Brian Kemp

@BrianKempGA
How radical is my opponent? Look at who is backing her. The New Black Panther Party is “a racist…antisemitic organization whose leaders have encouraged violence against whites, Jews, & law enforcement” RT if you agree that Abrams & the Black Panthers are TOO EXTREME for GA!

View image on Twitter
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https://twitter.com/TheShannonBurke/status/1058837697282932736?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1058837697282932736&ref_url=http%3A%2F%2Fwww.theamericanmirror.com%2Fphotos-armed-new-black-panthers-rally-vote-for-stacey-abrams%2F

image
Stellar Image Photog
@ImageStellar
@seanhannity armed black panthers intimidating voters at Atlanta poll. This needs to be made famous

image
View image on TwitterView image on Twitter
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10:40 AM – Nov 4, 2018
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76 people are talking about this
Do these Black Panthers know Abrams wants to confiscate their guns?

Will Abrams condemn the Black Panthers for carrying?

Ryan Saavedra

@RealSaavedra
Georgia Democratic gubernatorial nominee Stacey Abrams says she will ban semi-automatic rifles and she *refuses* to answer whether she’ll have the government go door-to-door and confiscate people’s firearms.

Embedded video
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4:33 AM – Oct 31, 2018
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3:51 PM – Oct 12, 2018
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7,230 people are talking about this

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HALLELUJAH!! Supreme Court Saves Bladensburg Cross from Destruction — depolreablesunite

H/T Todd Starnes.com. In this amazing 7-2 ruling the Supreme Court made the right call. The Supreme Court ruled that the Bladensburg World War I Memorial Cross can remain on public land. It is a major ruling in the fight to save American traditions and values from the hands of secularists — a war I […]

via HALLELUJAH!! Supreme Court Saves Bladensburg Cross from Destruction — depolreablesunite