Professional Documents
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)
MOHAN A. HARIHAR, )
)
Appellant )
) Appeal No. 21-1953
v. )
)
JEANNE D’ARC CREDIT UNION, et al )
)
Appellees )
BACKGROUND
The Appellant – Mohan A. Harihar, a pro se litigant with no legal experience, respectfully files
this Emergency Motion to address documented judicial failures and patterns of corrupt conduct
that continue to be evidenced (and thus far blatantly ignored) in the First Circuit: (1) most
recently discovered in this appeal; (2) in the lower court docket; (3) and in all related litigation,
impacting jurisdiction and again showing cause to question the integrity of both the US District
and this US Court of Appeals. It’s important to note that in recent months, evidenced judicial
misconduct/criminal violations – believed (at least in part) to include First Circuit Judges, has
appeared in national headline news, referencing the September 2021 Wall Street Journal
(WSJ) Investigative Report that identified 131 Federal Judges who failed to disclose
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Conflicts of Interest in cases they were presiding over.1 The WSJ report was then addressed
by: (1) The Administrative Office of US Courts - October 2021 Memorandum addressing
Judicial Code of Conduct, Conflict of Interest Screening, Ethics Training, etc.2; (2) US Senator
Supreme Court Chief Justice – Hon. John G. Roberts, Jr.3; and (3) US Supreme Court
Chief Justice – Hon. John G. Roberts, Jr. in his 2021 End of Year Report on the Federal
Judiciary.4
The Appellant respectfully reminds the Court that this Appeal is related to other litigation that
remains ongoing in the US District Court and includes a considerable list of evidenced judicial/
administrative failures that remain uncorrected, dating as far back as 2015. Reference is made to
1. HARIHAR v US BANK et al, Docket No. 15-cv-11880 – includes the sua sponte recusal
of US District Court Judge – Hon. Allison Dale Burroughs on June 19, 2017, which
came only after judicial misconduct had been evidenced for the record.5 Nearly five (5)
1
The referenced WSJ Investigative report can be viewed online in its entirety on the WSJ website at the following
location: https://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-
financial-interest-11632834421?fbclid=IwAR17veisSou0tQJdrn4VM9Ssvk_JYFqCY-
Foselbnkb1SsNx2ia1Fji1GAQ
2
See Exhibit 1, or click on the following link to view the October 13, 2021 Memorandum (Additional Guidance
on Conflict Screening – IMPORTANT INFORMATION) from Judge Roslynn R. Mauskopf – Director,
Administrative Office of United States Courts: 10132021judiciary_conflicts.pdf (thomsonreuters.com)
3
See Exhibit 2, or click on the following link to view the October 14, 2021 letter delivered from US Senator
Elizabeth Warren (D-MA)/ US Congresswoman Pramila Jayapal (D-WA) to US Supreme Court Chief Justice
– Hon. John G. Roberts, Jr. on Judicial Ethics 2021.10.14 Letter to Chief Justice on Judicial Ethics.pdf
(senate.gov)
4
Click on the following link to view the 2021 End of Year Report on the Federal Judiciary, delivered by US
Supreme Court Chief Justice – Hon. John G. Roberts, Jr. 2021year-endreport.pdf (supremecourt.gov)
5
See Exhibit 3, to view the sua sponte recusal order from US District Court Judge – Hon. Allison Dale Burroughs
issued on June 19, 2017.
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years later, the US District Court has yet to void/vacate all orders/judgements related
Judge Burroughs’ recusal and jurisdiction has yet to be restored. Even more disturbing is
that Judge Burroughs has continued to issue orders after her recusal and without
jurisdiction, constituting (at minimum) violations to ARTICLE III and 18 U.S. Code §
2381 – Judicial Treason, for “Warring against the Constitution of the United States”.
US District Court clerks stand accused of Misprision of Treason under 18 U.S. Code §
2382, after witnessing an act of Treason and failed (or refused) to report this serious
crime, as required under Federal law. Instead, clerks are continuing to follow void orders
issued by a recused judge – which includes (but is not limited to) refusing to docket the
Plaintiff’s filed documents. In the past year, it was also discovered that Judge
Burroughs failed to disclose a Conflict of Interest that shows - she holds a mortgage
required by Federal law, since the Federal government cannot be included with other
Denise J. Casper, exemplified the same egregious judicial abuses of power as judge
refused to recuse and continued to issue orders without jurisdiction. The Court has yet to
3. HARIHAR v HOWARD, et al, Docket No. 18-cv-11134 – This civil complaint was filed
failures that are well documented in the above-referenced litigation. As previously stated,
waived under Fed. R. Civ. P. 60(b)(3) – Fraud on the Court (UNOPPOSED claims of
record). As a general rule, judges cannot be held liable for money damages for acts done
in the exercise of his judicial function, within the limits of his jurisdiction, no matter
how erroneous, illegal or malicious his acts may be (48A Corpus Juris Secundum §86).
Disqualification) acts maliciously or corruptly he may incur liability - as is the case here
(Kalb v. Luce, 291 N.W. 841, 234, WISC 509). In the referenced litigation, the record
conclusively shows what can only be described as egregious patterns of corrupt conduct,
where presiding judges have all blatantly refused to uphold Federal laws, brushing aside
Examples of this misconduct include (but are not limited to) the following:
dockets;
o. Unnecessary Judicial Delay;
p. Refusing to RECUSE;
q. Demonstrated INTENT to cause increased hardship to Plaintiff/Appellant, Mohan
A. Harihar by unjustly tipping the Scales of Justice heavily in favor of the Defendants;
r. False Statements; and others.
William G. Young, also exemplified identical patterns of misconduct, by brushing aside all
evidenced claims and denying assistance with the appointment of legal counsel - in order to
arrive at the same corrupt and pre-determined outcome. As with the related cases, the
Plaintiff has clearly shown cause for the COURT, to void/vacate all orders/judgements tied
delay.
Unfortunately, the lower court docket for this appeal – HARIHAR v JEANNE D’ARC CREDIT
UNION et al, Docket No. 20-cv-12293 has been no different, where despite clear evidence of
disqualification – and considering the severity of legal issues, the presiding US District Court –
1. Failed to disclose conflicts of interests with Bank Defendants in the related litigation;
2. Refused to clarify jurisdiction;
3. Refused to recuse;
4. Refused to assist the Plaintiff with the appointment of legal counsel under 28 U.S. Code
§ 1915;
5. Refused the Plaintiff’s right to Discovery;
6. Brushed aside the Plaintiff’s evidenced arguments and request for a trial by jury;
7. Refused to recognize the related recusals/disqualifications of record, including (at
minimum) evidenced violations to ARTICLE III and 18 U.S. Code § 2381 – Judicial
Treason and its impact to jurisdiction, which has yet to be restored (Ex. HARIHAR v US
BANK et al);
8. Continued to issue orders – including a Dismissal order, after judicial disqualification
was clearly evidenced, in the same identical manner evidenced in HARIHAR v US BANK
et al.
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On Monday, December 20, 2021, the Plaintiff filed a motion – respectfully reminding this
Appeals Court that there remain unresolved issues in the lower court, which was originally
stated stated on the Appellant’s filed Civil Cover sheet. However, the cover sheet has
apparently been altered by the Clerk of the US District Court – Robert M. Farrell.6 The
Appellant’s original Civil Cover Sheet informed this Court that: (1) motions were still pending
in the lower court; (2) there were NO sealed documents; and (3) SHOULD HAVE included the
entire transcript from the lower court. Any objective observer that reviews the Appellant’s filed
Notice of Appeal (Attached) or the lower court transcript in its entirety will clearly conclude that
that are multiple issues that remain unresolved in the lower court. By altering the Appellant’s
filed cover sheet, Clerk Farrell and Deputy Clerk – Matthew A. Paine have (at minimum)
evidenced incremental acts of Bad Faith and Federal Tampering violations under 18 U.S.
Code § 1512(c)(1), (2) – showing cause to amend the original complaint against the Federal
Government (Ref. HARIHAR v THE UNITED STATES) and warrants the attention of the
Department of Justice (DOJ). Additionally, please be advised that a criminal complaint was
previously filed with the FBI (and separately, with the DOJ) against Clerk Farrell and other
Clerks of the lower court for evidenced Federal Tampering and Mail Fraud violations – that
6
See Exhibit 4, to view the Appellant’s ALTERED Civil Cover Sheet (Highlighted), followed by the Appellant’s
filed Notice of Appeal.
7
Click on the following link to view the FBI Criminal Complaint filed with the FBI on June 4, 2020 against: US
District Court Clerks: (1) Robert M. Farrell; (2) Karen Folan; (3) Christina McDonagh; (4) Christine Bono; and (5)
Taylor Halley.
https://drive.google.com/file/d/1fRFdZYmqhMTL0RtDgtCr0AWY0wyznumP/view?usp=sharing
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On Wednesday, January 26, 2022, an order was issued without jurisdiction on the Appellant’s
motion by Circuit Judge – Hon. William Kayatta, Jr.8, who as a matter of record, previously
RECUSED himself from BOTH related appeals: (1) HARIHAR v US BANK et al, Appeal No.
17-1381 on July 17, 20189; and (2) HARIHAR v THE UNITED STATES, Appeal No. 17-2074
on September 7, 2018.10 Based on this pro se litigant’s interpretation of the law, by consciously
deciding to issue an order without jurisdiction, Judge Kayatta has (again, at minimum)
committed a violation to ARTICLE III and 18 U.S. Code § 2381 – Judicial Treason. The 01-
26-2022 VOID order by Circuit Judge Kayatta is the latest example of egregious and systemic
Moving forward, the Appellant respectfully states that - forcing a pro se litigant, with no legal
experience to deal with ALL of these judicial failures – on top the complexity of legal issues in
the complaint(s) itself, is completely unrealistic and shows the intention to unfairly tip the scales
of justice, heavily in favor of the Defendants/Appellees. Not only are there too many serious
legal issues that remain unresolved, but it should be abundantly clear to any objective observer
that neither this Appeals Court, nor the lower District Court have any intention of correcting
these egregious and certainly abusive judicial failures of record. Any objective observer who has
8
See Exhibit 5, to view the General Docket of this Appeal, which shows the 01-26-2022 VOID order, issued
without jurisdiction by recused Circuit Judge – William J Kayatta, Jr.
9
See Exhibit 6, to view the July 17, 2018 recusal order of Circuit Judges Torruella and Kayatta from HARIHAR
v US BANK et al (Ref. Appeal No. 17-1381), which came after the recusal of Circuit Judge – Hon. David J.
Barron, who acknowledged having a Conflict of Interest with Bank Defendant – WELLS FARGO. Judge
Barron’s recusal also came after judicial misconduct claims were brought against the entire panel. It’s recently been
discovered that Judge Kayatta also had Conflicts of Interest with Bank Defendants – WELLS FARGO and
CITIBANK. HOWEVER, these Conflicts of Interest were never disclosed by either Circuit Judge.
10
See Exhibit 7, to view the September 7, 2018 order, regarding the recusal of Circuit Judges Kayatta and Barron
(Ref. Appeal No. 17-2074).
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thoroughly reviewed the decade-long history of this litigation would agree (Federal and MA
State).
The Appellant also shows cause to fear for his safety and security, since the record shows his
eyes of this First Circuit. The Appellant restates that he has repeatedly shown cause for
assistance with the appointment of counsel, only to be denied – over and over again by
recused/disqualified Judges. With all due respect to the Court itself, these legal proceedings
have increasingly become a complete legal mess - and is being recognized nationwide as, “the
1. That this Court should clarify its jurisdiction, considering the legal issues that have yet to
2. That this Court should clarify how Circuit Judge - Hon. William Kayatta, Jr. could
possibly have been allowed to issue an order after recusal, without jurisdiction and
undisclosed conflicts of interest.11 To be clear, the Appellant has now evidenced for the
record that out of the NINE (9) First Circuit Judges - the following SEVEN (7) Circuit
Judges have either recused (after judicial misconduct was evidenced) or shown
cause for disqualification – refusing to recuse and continuing to issue orders without
jurisdiction:
11
See Exhibit 8, to view Judge Kayatta’s 2011 Financial Disclosure, which shows a Financial Investment with
Bank Defendant – WELLS FARGO on page 5 (Highlighted). Judge Kayatta’s 2013 Financial Disclosure shows
a Financial Investment with Bank Defendant – CITIBANK.
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Based on the Appellants interpretation of the law, the only two (2) remaining Circuit
4. Vacate the Appellant’s Briefing Schedule that was delivered on 01-28-2022 and is
curretly set for 03-09-2022, since unresolved issues remain in the lower court and it is
unclear if an appeal will be necessary once these legal issues are justly resolved;
5. Assist the Appellant with the appointment of counsel under 28 U.S. Code § 1915 since
clearly, all requirements warranting the Court’s assistance (both here and in the lower
Court) have long been satisfied. Unless the Appellant is somehow able to secure legal
counsel on his own – which thus far has not been an option, the Court’s continued refusal
to properly exercise its discretion under 28 U.S. Code § 1915 – at minimum, shows cause
6. Remand this case back to the lower District Court to resolve the existing legal issues,
Please be advised, due to the severity and totality of unresolved legal issues – including matters
perceived to impact national security and evidenced judicial failures that have gone uncorrected
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since 2015, the Appellant has little confidence in this First Circuit’s willingness to initiate
corrective (and just) legal action. Upon filing this motion with the Court, copies of this
Emergency Motion will be delivered via email communication to the following government
1. The United States Supreme Court Chief Justice – Hon. John G. Roberts, Jr. (via
Clerk of the US Supreme Court – Scott S. Harris);
2. The Administrative Office of United States Courts – specifically, Deputy Director -
Dan Jackson;
3. US Senator – Elizabeth Warren (D-MA);
4. US Congresswoman – Lori Trahan (D-MA);
5. US Congresswoman – Pramila Jayapal (D-WA);
6. The Office of Governor Charlie Baker (D-MA);
7. The White House – specifically, the Executive Office of the President (EOP) via
www.whitehouse.gov;
8. The US Department of Justice (DOJ) – specifically Assistant AG – Kristen Clarke
(Civil Rights Division);
9. The US Attorney’s Office (MA); and
10. First Circuit Executive – Susan Goldberg
The Public and Media sources nationwide will also receive copies of this motion for
documentation purposes and out of continued concerns for the Appellant’s personal safety and
security. If the Court has any questions or needs additional information, the Appellant is happy
to provide upon request. The Appellant is grateful for the Court’s consideration.
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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Exhibit 1
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Exhibit 2
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Exhibit 3
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Exhibit 4
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)
MOHAN A HARIHAR, )
)
Plaintiff )
) Docket No. 20-cv-12293
v. )
)
JEANNE D’ARC CREDIT UNION, et al )
)
Defendants )
Notice is hereby given by Mohan A. Harihar, Plaintiff in the above-named matter and also a
pro se litigant with no legal experience, who appeals to the United States Court of Appeals for
the First Circuit, after a VOID judicial order was issued by disqualified US District Court Judge
– Hon. Indira Talwani, who consciously brushed aside all of the Plaintiff’s evidenced
arguments impacting jurisdiction and the Judicial Code of Conduct - and entered a VOID
action on Tuesday, November 2, 2021 [Ref. ECF No. 25]. As required by Federal law, the
Plaintiff filed a RESPONSE to the void judicial action on Tuesday, November 9, 2021,
informing the Court that Judge Talwani had (at minimum) violated ARTICLE III and 18 U.S.
CODE § 2381 – judicial treason, for continuing to rule on the Docket without jurisdiction after
disqualification was clearly evidenced [Ref. ECF No. 26]. The White House and
Massachusetts Governor Charlie Baker’s Office were also notified as required under
ARTICLE III - when an act of Treason against the US Constitution has been witnessed.
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Since this is a very serious criminal violation by a judicial officer, the US Department of
Justice (DOJ) was copied on the legal communication to Governor Baker. Multiple
Congressional leaders were also copied on the legal communication, since the severity of the
As of this morning – Sunday, November 21, 2021, there has been no corrective action by the
US District Court. This is yet again another very serious legal issue that evidences systemic
failures within this judiciary and the blatant abuse of judicial power. The Nation is already aware
of what is considered the most egregious example of these judicial failures. Reference is made to
the related civil complaint – HARIHAR v US BANK et al, Docket No. 15-cv-11880 and
RECUSED US District Court Judge – Hon. Allison Dale Burroughs; the first of an
unprecedented ELEVEN (11) judges to recuse from the Plaintiff’s litigation (9 Federal, 2 MA
State), who consciously has continued to issue orders without jurisdiction - and without any
legal accountability thus far. Collectively – and based on the Plaintiff’s interpretation of the
law, the systemic failures that continue to be evidenced by this judiciary has severely damaged
this Court’s integrity. The decade-long history of this litigation is becoming recognized
Nationwide as “the most egregious abuse of judicial power ever recorded in US history.”
Based on the Plaintiff’s interpretation of the law, the plethora of evidenced judicial failures
exemplifies continued acts of BAD FAITH by the Federal Government and at minimum,
shows cause to amend the following civil complaints under Fed. R. Civ. P. 60(b)(2), (3), and
(6):
Finally, the Plaintiff makes clear that he is in GOOD FAITH – and in the interest of judicial
economy, willing to have/resume legal settlement discussions with all named Defendants on this
Docket and in all related Dockets, including the Federal Government and the Commonwealth of
Massachusetts. It remains my sincere hope that all parties will come together to justly resolve
the existing legal issues; and that this Court will finally address these egregious abuses of
judicial power and initiate corrective action. The Plaintiff respectfully thanks the Court for its
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this Plaintiff NOTICE: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of
modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary support after a reasonable opportunity for
further investigation or discovery; and (4) the Notice otherwise complies with the requirements
of Rule 11.
Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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Exhibit 5
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Exhibit 6
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Exhibit 7
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Exhibit 8
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