Diary

Biased Judge Approved Warrant Before Feds Had Applied For It

MartyG is fighting to unseal documents hidden by prosecutors

Do Federal Magistrate Judge Marianne Bowler (right), Federal Prosecutor David D’Addio (left),  former FBI Director James Comey (center) and the FBI have a DeLorean with a flux capacitor?

How can a judge issue a warrant before the feds have applied for it?

Those who are familiar with my wrongful imprisonment probably suspect that it’s a trick question and for those looking for some background, please read Michelle Malkin’s primer here or the feature, “Save a Girl’s Life, Get Treated Worse than a Terrorist” printed in an issue of the New American magazine last December and available on the FreeMartyG website here or watch the Infowars clip here.

Now, it’s bad enough that FBI agents like Michael Tunick, about whom you can read more here, have used American tax dollars to harass my wife and I since 2014 instead of to protect American kids like Justina Pelletier and the students in Parkland, Florida, but I recently discovered that the warrant which Tunick used to rummage through my home was apparently issued the day before he had even applied for it. Federal Magistrate Judge Marianne Bowler hand wrote that she approved the warrant on September 29, 2014, which is plainly visible on the document itself here, but the very same Judge Bowler signed and sealed that the application for the search warrant wasn’t presented to her until the next day, September 30, 2014, as is plainly visible on that lie-filled document here.

Meanwhile, the 4th Amendment clearly states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation…”

But federal judges have been quietly and consistently violating the 4th Amendment for decades, as you can read here, causing distinguished Supreme Court Justice Oliver Wendell Holmes Jr to note in a 1928 dissent that if such practices were to continue then, as Justia summarizes, “the Bill of Rights should be renamed.”

So, perhaps it’s no wonder why Judge Bowler and the prosecution not only forbid my lawyer, who they outnumbered dozens to one, from providing me with a copy of that warrant application, as you can read about at Red State here, but Bowler also ordered my attorney to notify the government and the bench if the application or any other discovery material gets published.

However, since we have a Friday deadline to file a motion to toss out the invalid search and we’ve never seen the whole docket containing the warrant because it remains under seal to this day, my new attorney and I filed an emergency motion to make that entire docket public. For now, we’ve only seen the documents related to the search which the prosecution voluntarily handed over as part of discovery and we’ve had to remind them of a few things which they conspicuously neglected to provide on their own. So, perhaps given the date discrepancy it’s no surprise that the government is opposing our request for transparency.

Who knows what else they’re hiding. Just ask fired former FBI Director James Comey, bogus documents don’t forge themselves. And setting the clock back on the federal court’s docketing system so they can backdate the filing of a warrant application and then claim the date printed on it was a clerical error is a real pain and far more work than the feds typically like to do, i.e. any at all.

But the federal payroll patriots have a short reprieve in which to warm up their digital DeLorean. Before we can get a ruling on the emergency motion to unseal the warrant docket for inspection, Judge Bowler first has to decide whether she must disqualify herself for making that call as we have asked her to do under various sections of federal law which she’s sworn to uphold, such as the general provision of 28 U.S.C. § 455(a), which requires any federal judge to “disqualify himself [or herself] in any proceeding in which his [or her] impartiality might reasonably be questioned,” as well as 28 U.S.C. § 455(b), which list various more specific circumstances which also seem to apply and which would also require her to disqualify herself.

And that brings up Bowler’s stunningly apparent conflicts of interest, some of which you can read about here. But we’re always finding more and we’ll keep you posted.

Marty Gottesfeld is an Obama-era political prisoner. You can donate to his defense fund at FreeMartyG.com.

After this article was written but prior to publication, Magistrate Judge Bowler  referred the decision whether or not to unseal the docket to another judge.  A hearing is scheduled at Moakley Federal Courthouse in Boston on the matter tomorrow morning at 11am EST.