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April 26, 2019

Tacy F. Flint, Esq.

Steven J. Horowitz, Esq.
Benjamin I. Friedman, Esq.
Sidley Austin, LLP, One South Dearborn
Chicago, Illinois 60603

Re: Malkan v. American Bar Association, Case No. 1:18-cv-07810

Dear Ms. Flint,

This letter is addressed to you because you are listed as the lead attorney for your law firm on the
present matter. I am enclosing the unrefuted and conclusive evidence of Makau Mutua’s perjury
and obstruction of justice in the prior litigation upon which this matter is based.

Former-Dean Mutua committed perjury four times during the course of my New York-based
litigation against him, the first time at the Public Employment Relations Board in Albany, New
York on March 31, 2010, and the last time in the federal district court in Buffalo, New York on
June 26, 2015.

The statute of limitations for the perjury he committed on June 26, 2015 – in a sworn declaration
he submitted to the Western District of New York – will not expire until June 26, 2020.

In paragraph 3 of that declaration, he adopted and incorporated all of his lies over the preceding
five years. In the balance of that scandalous document he launched a paranoid and defamatory
attack against the faculty members who had testified, truthfully and under oath, to his multiple
perjurious statements. Their unanimous testimony was confirmed by documentary evidence
submitted by former-Vice Deans Susan V. Mangold and Dianne Avery, both of whom had
retained their contemporaneous, handwritten vote tallies of my Promotion and Tenure hearing.

In addition, Mutua failed to produce a crucial subpoenaed document – my P&T dossier – which
he claimed had “apparently disappeared into thin air.” He went on to accuse his predecessor in
the Dean’s Office, R. Nils Olsen, Jr., of vandalizing my personnel file to cover up his subversion
of the faculty with “clinical imposters.” The Attorney General of New York could not identify a
single witness who was capable of corroborating Mutua’s lies, perjuries, and defamations.

I want to be perfectly clear about the calculated and premeditated character of Mutua’s perjury.
He testified – not once, not twice, but four times – that I was holding an “ultra vires” contract
because the Promotion and Tenure Committee had adjourned without voting on a
recommendation, up or down, for my reappointment and promotion to the rank and title of full
clinical professor of law. Instead, he claimed that the P&T Committee had bypassed that issue
and requested the dean to remove me from the faculty at the earliest opportunity allowed by the
University’s collective bargaining agreement. He concluded that without such a
recommendation, the dean had no authority to take any action at all on my reappointment and
that my contract should have expired of its own accord at the end of its terminal year. He
intended this perjurious lie not only to establish a dispositive fact in the case, but also to discredit
and defame me by establishing that I was fired for a failure of job performance.

It was only after Mutua’s perjury became completely indefensible that the University concocted
a replacement theory, which was that my contract was “ultra vires” because SUNY Buffalo, in
defiance of the ABA Standards for the Accreditation of Law Schools, had repudiated Standard
405(c) and retroactively revoked all of its clinical contracts and due process rules.

In addition to these facts and circumstances, I must bring to your attention my unavailing
attempts over a period of two and a half years to warn the state legal authorities about Makau
Mutua’s perjury and obstruction of justice. These attorneys refused to take any action at all, so I
was obliged to obtain the necessary evidence at my own initiative and expense, all of which I had
compiled by the end of December 2013.

After the perjury scandal was reported on the front page of the Buffalo News (September 27,
2014), and the faculty finally succeeded in ousting Mutua from the Dean’s Office, President
Satish K. Tripathi, at the behest of Professor James A. Gardner – Mutua’s interim replacement –
struck back by issuing a warrant for my arrest for criminal trespass if I am ever apprehended on
the University campus. This despite the fact that the police had informed him that I live 450
miles away in eastern Long Island and that no one had seen me on campus or in its vicinity since
the last week of May 2009, when I turned in the keys to my faculty office.

The appalling truth is that President Tripathi ordered a police force that is under his personal
control to discredit and defame the victim of a crime committed by a high ranking official of his
own administration. This false reporting of “an alleged occurrence or impending occurrence of a
crime, catastrophe or emergency,” see N.Y. Penal Law § 240.50, is yet another crime that must
be charged to the account of his corrupt administration.

Finally, Mr. Currier’s pernicious decision to give SUNY Buffalo the green light for its
repudiation of Standard 405(c) not only had the effect of exonerating Makau Mutua of his
multiple crimes against the judicial process, but also exposed me to Rule 11 sanctions for
attempting to report his perjury on an issue that the Court of Appeals deemed could not possibly
be a material fact. After this final, devastating miscarriage of justice, Mutua told the Buffalo
News (November 10, 2017) that he had been “totally, unequivocally vindicated” by my defeat.
“It’s a good lesson for [Malkan] and those who would try to use the courts for personal — and
bigoted — vendettas.” This was the gloating of a criminal who got away with defamation,
perjury, and fraud – thanks entirely to Barry Currier and the American Bar Association.
I must conclude by underlining the fact that my cause of action in that case was based on the
allegation that I had been denied my right to predeprivation due process in the Law School. As a
result of Mutua’s multiple lies, defamations, and perjuries, whitewashed by the ABA’s
endorsement of SUNY’s Buffalo’s accreditation fraud, I was denied postdeprivation due process
in federal court as well.

I have been the victim of a crime that has destroyed my reputation, my career, and my livelihood.
For the past decade, I have been terrorized by a criminal and trapped in a nightmare of harrowing
litigation against the unlimited resources of the State of New York. In the end, Barry Currier put
his thumb on the scales of justice and saved the day for Makau Mutua and SUNY Buffalo. He
knew that he was violating the federal regulations under which his agency operates, as well as
defying the standards and policies enacted by the ABA House of Delegates, but he did it anyway.
He used his federally-delegated authority for the purpose of protecting a criminal and his
accomplices who had taken over the Dean’s Office of an ABA-accredited law school. I hope
that you will carefully consider the role played by Mr. Currier in all of this criminality and
lawlessness before you decide how to proceed on behalf of the American Bar Association.


Jeffrey Malkan
12 Valleywood Ct. W
Saint James, New York 11780